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09/12/2023
ORIV t COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman Susan Adams, District 1, Vice Chairman Joseph Flescher, District 2 Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 12, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com John A. Titkanich, Jr., County Administrator William IC DeBraal, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Dr. G. Timothy Womack, First Presbyterian Church 3. PLEDGE OF ALLEGIANCE Vice Chairman Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Proclamation Designating the Month of September 2023, as Hunger Action Month Attachments: Proclamation 5.B. Proclamation Designating September 16, 2023, As International Coastal Cleanup Day in Indian River County, Florida Attachments: Proclamation 5.C. Proclamation Dedicating September 23rd as Sickle Cell Awareness Day Attachments: Proclamation September 12, 2023 Page 1 of 6 5.D. Proclamation Celebrating Mount Olive Primitive Baptist Church's 97th Anniversary Attachments: Proclamation 5.E. Demonstration of new website 6. APPROVAL OF MINUTES 6.A. Regular Meeting of July 11, 2023 6.B. 2023/24 Budget Workshop Meeting of July 12, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Indian River County Venue Event Calendar Review Attachments: Event Calendar 7.B. Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right -Of -Way Permit No. 2022031447) - Old Dixie Highway Roadway Improvements Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments August 18, 2023 to August 24, 2023 Attachments: Comptroller Division Staff Report 8.B. Checks and Electronic Payments August 25, 2023 to August 31, 2023 Attachments: Comptroller Division Staff Report 8.C. Subrecipient Award Contracts Attachments: Comptroller Division Staff Report TCHSC Subrecipient Agreement 2023 SRA Subrecipient Agreement 2023 8.D. Extension of Tax Roll Attachments: IRC Tax Collector's Memo 8.E. Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2023-2024 (October 1, 2023, through September 30, 2024) Attachments: Memorandum 8.F. Amendment to Lost Tree Village Conservation Easement Attachments: Staff Report Amendment September 12, 2023 Page 2 of 6 8.G. Water and Sewer Easement to City of Vero Beach for Jackie Robinson Training Complex Attachments: Staff Report Water and Sewer Easement Deed 8.H. Miscellaneous Budget Amendment 08 Attachments: Staff Report Resolution Exhibit "A" 8.I. Award of Bid 2024002 - Annual Bid to Furnish and Deliver Polymer Attachments: Staff Report 8.1 Award of Bid 2024001 - Annual Bid for Hydrofluosilicic Acid Attachments: Staff Report 8.K. Award of Bid 2023056 - Annual Bid for Fiber Optic Engineering, Design, Material, Supplies, and Installation Attachments: Staff Report Sample Agreement 8.L. Designation of Excess Equipment as Surplus and Authorization for Disposition Attachments: Staff Report Excess list for 091223 8.M. Veteran Services Legal Agreement - City of Sebastian Historical School Building Lease Agreement Attachments: Staff Report Lease 8.N. Children's Services Advisory Program FY 23/24 Agency Grant Contract Attachments: Staff Report Grant Contract CSAC Agency 8.0. North County Library Expansion, IRC -2009 Final Payment, Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 8.P. Award of Bid No. 2023041 Jackie Robinson Training Complex Walking Trail, IRC -1908 Attachments: Staff Report Sample Agreement September 12, 2023 Page 3 of 6 8.Q. Providence Pointe PD Waiver Request to Eliminate 15 -foot Stormwater Maintenance Area Attachments: Staff Report Boathouse Waiver Request Letter Boathouse Exhibit 8.R. North Sebastian Phase II Water and Sewer Project IRLNEP (IRL2020-04) Time Extension Attachments: Staff Report IRL2020-04 Change Order 4 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Supervisor of Elections Leslie R. Swan re: Request to Roll Back Revenue Into 22/23 Budget Attachments: Supervisor of Elections Memo Receipts 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Local Provider Participation Fund Approval Attachments: Staff Report LPPF Resolution Letter of Agreement B. PUBLIC DISCUSSION ITEMS 10.11.1. Request for Public Discussion from J. Andros re: County Administrator Accountability Attachments: Public Discussion Request Andros 10.B.2. Public Discussion Request from Vero Lake Estates Property Owners, Mary Lou Ciambriello re: Fire Station 15 - Traffic Control Attachments: Public Discussion Request Ciambriello C. PUBLIC NOTICE ITEMS 11 COUNTY ADMINISTRATOR MATTERS 11.A. Joint Meeting - City of Sebastian and Indian River County. Attachments: County Administrator's Memo 12. DEPARTMENTAL MATTERS A. Community Development September 12, 2023 Page 4 of 6 B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1. Stormwater Pipeline Easement Request, Gifford Dock Park Attachments: Staff Report Temporary Construction Easement Draft Permanent Easement COVB Stormwater Pipeline Route Shelter Exhibit 12.G.2. Indigo Vero, LLC. Developers Agreement, 46th Place at Tracking Station Park Attachments: Staff Report Developers Agreement H. Utilities Services 12.11.1. Developer's Agreement with Go Life Holding LLC for 12 -inch Water Main Extension from 90th Avenue to 98th Avenue Attachments: Staff Report Venetian Grove Developer's Agreement 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher 14.C.1. Public Record Clarification Attachments: Commissioner's Memo Supporting Documents D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District September 12, 2023 Page 5 of 6 B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.irc og v.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6.00 p.m. until Wednesday at 6.00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. September 12, 2023 Page 6 of 6 I.M.2L7IONPROCAE4., DESIGNATING THE MONTH OF SEPTEMBER 2023, AS "HUNGER ACTION MONTH" -Whereas, hunger and poverty remain issues of grave concern in the United States, the State of Florida, and the Treasure Coast, with 31,221 family households in Indian River County unable to afford the basic costs of living; and -Whereas, Indian River County is committed to taking steps to raise awareness about the need to combat hunger in every part of our County and to support efforts to serve the needs of Indian River County citizens; and -Whereas, Indian River County is committed to working with the Treasure Coast Food Bank in educating people about the role and importance of food banks and other hunger relief organizations in addressing hunger and bringing attention to the need to devote more resources and attention to hunger issues; and -Whereas, food banks and hunger relief organizations across the country, including the Treasure Coast Food Bank, are coordinating Hunger Action Day on September 15th, 2023 and will continue to host numerous events throughout the month of September to shed light on this important issue and encourage involvement in efforts to end hunger in our local communities. Now, 1 erefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida that the month of September, 2023, be designated as "Hunger Action Month" in Indian River County and the Board encourages all citizens to exercise observance. Adopted this 12th day of September, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss ProcCamation DESIGNATING SEPTEMBER 16, 2023, AS INTERNATIONAL COASTAL CLEANUP DAY IN INDIAN RIVER COUNTY, FLORIDA -Whereas, September 16, 2023, the third Saturday of September, is a day recognized around the world for inspiring and encouraging the act of removing debris from the environment in coastal areas to create trash -free seas; and Wfiiereas, the global movement of coastal cleanups on this day has led to the removal of over 350 million pounds of trash from critical waterways and coastal areas worldwide; and -Whereas, Indian River County, Florida is made up of 22.4 miles of coastline bordering not only the Atlantic Ocean but is inclusive of one ocean inlet and an estuary of national significance, the Indian River Lagoon; and -Whereas, in 2022, approximately 800 community members of Indian River County engaged in the act of service by volunteering on International Coastal Cleanup Day, removing 2,305 pounds of debris from beaches and the Indian River Lagoon, enhancing and helping to restore these critical coastal habitats that provide economically and environmentally important functions; and -Whereas, we join Coastal Connections and the 24 additional Park Champions made up of local charities, service groups, and businesses who make the largest coastal cleanup in Indian River County possible and successful each year; and ^Whereas, all residents are encouraged to participate in a cleanup on this day to keep waterways and recreational areas of Indian River County clean of debris. Now, 111herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that September 16, 2023, be designated as INTERNATIONAL COASTAL CLEANUP DAY and that citizens of the county are urged to join in this day by cleaning up debris to protect the coastal habitats that ultimately protect and provide for our community. Adopted this 12th day of September, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss Proclamation DEDICATING SEPTEMBER 23RD AS "SICKLE CELL AWARENESS DAY" -Whereas, Sickle Cell Disease (SCD) is an inherited red blood cell disorder that can cause chronic pain and other serious health conditions including vision problems, fatigue, joint damage, heart issues, bacterial infections, kidney failure, and strokes; and `Whereas, in United States more than 100,000 people are diagnosed with SCD, which primarily affects the African American community, those afflicted are often forced to put their lives on hold due to extended hospital stays; and -Whereas, over 370,000 people worldwide lose their lives to Sickle Cell Disease each year and there is no known cure, although stem cell and bone marrow transplants sometimes work, low donor participation and treatment-related complications often put those options out of reach; and -Whereas, the Board of County Commissioners supports all efforts to address and research this disease in hopes of one day finding a cure. Now, ,herefore, be it Proclaimedby the Board of County Commissioners of Ind'can River County, FCorida, by the Board of County Commissioners of Indian River County, Florida, that September 23rd, 2023 shall be known, designated, and set aside as Sickle Cell Awareness Day in Indian River County, Florida. Adopted this day of 12th day of September, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss Proclamation CELEBRATING MOUNT OLIVE PRIMITIVE BAPTIST CHURCH'S 97TH ANNIVERSARY -Whereas, the Indian River County Commission and Government recognize the profound significance of Mount Olive Primitive Baptist Church in Indian River County, the surrounding communities, and the state of Florida; and -Whereas, on this joyous occasion of Mount Olive Primitive Baptist Church's 97th Church Anniversary, we celebrate the remarkable journey this sacred institution has undertaken in its long-standing commitment to faith, community, and service; and -Whereas, under the steadfast leadership of Pastor Elder Michael Monfiston since, Mount Olive Primitive Baptist Church has demonstrated an unwavering dedication to the betterment of the Gifford community and the surrounding areas by shepherding them towards greater heights of spiritual growth, community engagement, and social outreach; and `Whereas, through the help of God, Mount Olive Primitive Baptist Church has not only grown spiritually but has also expanded physically to meet the ever-increasing needs of its congregation and the local community; and -Whereas, the people of Mount Olive Primitive Baptist Church have tirelessly worked together, embodying the spirit of unity, compassion, and selflessness, to uplift and empower those in need, making a lasting impact on the lives of countless individuals; and Whereas, the Indian River County Commission expresses deep appreciation for the invaluable contributions made by Mount Olive Primitive Baptist Church in fostering a sense of unity, hope, and resilience within the community. Now, 11herefore, be it ProcCaimed by the Board of County Commissioners of Indian River County, ,Florida, that the Indian River County Commission and Government hereby extend heartfelt congratulations to Mount Olive Primitive Baptist Church on the auspicious occasion of its 97th Church Anniversary. Adopted this 12th day of September, 2023. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Susan Adams, Vice Chairperson Joseph E. Flescher Deryl Loar Laura Moss �vER � k �Zoxto�' Indian River County Venue Event Calendar — September 2023 For more www.irc og v.com INTRO TO GENFAIOGYCIASS Saturday, September 9, 16 @ Main Library 10:30-11:30 am FREE~rSpace is limited, registration required. The Archive Center & Genealogy Department will be providing an Intro to Genealogy Class. This 3 -part series class will help the beginner genealogist get started on their research (where to search, how to search, how to organize, and how to share). Go to www.hbraries.irc og v.com to register or call 772-400-6330 PI(7KLEBAT T •GASSES — WTIH DEREK -PRINCE Monday, September 11, 20 @ iGRecreation Center 12:30-2:00 pm, $30 per class Beginner Pickleball Levels I— III / Pickleball Doubles Strategy / Intro to Pickleball Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780 ADULT TRIVIA NIGHT Tuesday, September 12 @ North County 6-7:00 pm Registration is required to participate. FREE Trivia Nights will be held once a month with a different theme every time. September's theme will be the Totally Tubular 80's! October will be the Wizarding World of Harry Potter. Prizes await our winners! Go to www.hbraries.irc og v.com to register or call 772-400-6360 1NTRODUCITON TO PHOTOJOURNALISM- NEW LASS Wednesdays, September 13 -October 11 @ iG Center 5-6:00 pm Free! Ages 13-65 Guide learners in developing technical prowess and narrative intuition, combining foundational photography principles with insights and experiences from a celebrated photographer. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780 2023 ADULT— FALLBASKEIBALLLFAGUE Beginning September 18 @ iG Center 6:00 pm Mondays and Wednesdays. $475/team. Limited to 12 teams. Go to www.ircgov.com/parlcsandrecreation to register or call 772-226-1780 5 AIL AGES ART IN THE LIBRARY Tuesday, September 19 @North Gounty 6-7:00 pm FREE Bring the whole family and join us for a special evening full of creativity! Well enjoy multiple arts and crafts projects suitable for every age and skill level. Registration is not required. Go to www.hbraries.ircgov.com for more information or call 772-400-6358 CJOUNTRYUNE DANCING Beginning Tuesday, September 19 @ iG Center 6:30 pm $3 Join us for a fun evening of Country Line Dancing! Instruction and lessons provided. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780 SPLASH MOVIE NIGHT Friday, September 22 @ North County Aquatic Center 6:30 pm. Gost is regular admission or free with membership pass. All ages! Join us for an outdoor showing of Inca for our end of summer splash movie! Concessions will be available for purchase. For more information call 772-226-1752 ZERO ZERO START Saturday, September 23@ iG Recreation Center 4:00 pm Free! All ages welcome. Join the iG staff for a screening of Aro Zero Start a film featuring a community of pickleball players from Vero Beach. HOT SUNEVIERNIGMS PICKLEBAILPARTY Saturday, September 23@ iG Recreation Center 5-8:00 pm $5. All ages welcome, registration limited to 50 players / night. Join the iG staff for a fun night of pickleball, a different theme every week Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780 VERO BEACH GUN SHOW September 23-24 @ IRC Fairgrounds 9:00 am -5:00 pm $8 Ages 14 and older Presented by Patriot Productions; buy, sell, trade and attend classes. Go to www.ircgov.com/parksandrecreation for information or call 772-226-1035 51 2023 ADULT— THURSDAYNIGHTFAILI<ICIBAILIEAGUE Beginning September 28 @ Dick Bird South County Regional Park Complex 6:00 pm registration due by September 15. $500/team. Limited to 12 teams. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780 BRIDGE CLASS -NEW CLASS Thursdays, September 28 @ iG Center 4-6:00 pm $3 Ages 15 and older This informal Bridge Class is designed for beginner to intermediate players. Go to www.ircg_ov.com/parksandrecreation to register or call 772-226-1780 CDIIME FAIR September 28 @ IRCFairgrounds 5-6:30 pm FREE College representatives from across the county will be present to provide information to prospective students. Go to www.ircgov.com/parksandrecreation for information or call 772-226-1035 CLIILDRENS POKEN4ON PARTY September 28 @ Main Library 6-7:00 pm. FREE Ages 6-12 years. Join us to celebrate all things Pokemon! Show off your cards, play Pokemon Go, and enjoy other inspired games and crafts. Go to www.libraries.irc og v.com for more information or call 772-400-6318 INTRODUCTION TO BALLROOM DANCINGNEW CLASS Wednesday, October 4 @ iG Center 7-8:00 pm. Cost $10 Ages 12 and older Participants will learn the basics of ballroom dancing, including leading and following. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780 2ND ANNUALMONSTER MASH Friday, October 27 @ iG Center 5:30-8:30 pm. FREE Open to all ages! Fnjoy an evening of spooky fun and games! Take part in the costume contest and take a trip down the haunted hall if you dare! Go to www.ircgov.com/parksandrecreation for more information or call 772-226-1780 OA TRUNKOR TREAT Friday, October 27 @ iG Center 5:30-7:30 pm. FREE Open to all ages! Join us for Trunk or Treat or sign up to host a trunk! Go to www.ircgov.com/parksandrecreation for more information or call 772-226-1780 11 m ANNUAL BE A NAGY,, SR. MEMORIAL GOIF TOURNAMENT Saturday, October 28 @ Sandridge Golf Club 8:00 am $80. Registration begins at 7:00 am Proceeds benefit the IRGF-Bela Nagy, Sr. Foundation. The format will be 4 -person scramble. Entry includes Tee Gift, Range Balls, Lunch and prizes. Go to https://www.sandridgegc.com/calendar/ to register or call 772-770-5000 ext. 5 100 MILE SWIMCLIJB Daily @ North County and Gifford Aquatic Centers All ages are welcome. Get started by setting a personal goal, whether you want to swim 5 miles or 500. Sign up all yearlong by visiting our aquatics desk Annual membership $10.00 for local tracking, (laps swam at North county or Gifford Aquatics pool) or 15.00 for Global tracking, (laps swam anywhere) valid January -December. All participants reaching the 100 miles will receive a yearly certificate indicating the total miles swam. All participants will be invited to the end of the year potluck and recognition ceremony. Swimmer who swim 100 miles at North County and Gifford Aquatic Centers, within the year, will receive an exclusive 100 Mile Swim Club T-shirt. Sign up at either facility today and just keep swimming! AQUAFIT Tuesday, Thursday, Year -Round @ North County Aquatic Center 9:30-10:30 am. Cost $4 or you can purchase a punch card for $28.00 for 8 classes, all ages. Move along to music as you perform instructor -guided moves designed to improve cardiovascular function, increase core strength, develop better, and burn calories. Iet's make the water work for you. Flotation belts and water barbells are available at no charge. For more information, contact the North County Aquatic Center (772) 226-1752. COLORING & COFFEE Tuesday @ iG Center 9-10:00 am. Cost $1 Ages 55 and older. Looking for a way to unwind and reduce stress? Join us for a morning of relaxation through coloring. Materials provided. For more information call 772-226-1780 8 GENTIE CI IAIR YOGA Monday, Tuesday and Thursday @ iG Center Monday, 10:30-11:30 am, Tuesday and Thursday, 12-1:00 pm. Cost $5 Designed to improve flexibility and strengthen muscles while using a chair for support. Walk- ins alkins welcome. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780 HOMEKHOOLPE Tuesday @ iG Center 3-4:00 pm. Cost $3. Limited spots. Agreat chance for children between the ages of the 4-10 to exercise and make new friends. Teaching children valuable life skills i.e. teamwork, fairness, and good sportsmanship. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! MAT PILATES Tuesday and Thursday @ iG Center 9:15-10:15 am. Cost $12 Exercises are structured using special equipment designed to improve strength, flexibility, posture and enhance mental awareness. Walk-ins welcome. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! MAHJONG Tuesday and Thursday @ iG Center Tuesday 10 am -1:00 pm and Thursday 1-3:30 pm. Cost $2 Tile sets are provided as you play in groups of 3-4. Please bring your own Mahjong card. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! OPEN PLAYPICKLEBAT L Monday, Wednesday and Friday @ iG Center 9:00 am -12:00 pm and 12:30 pm -3:30 pm. Cost $3 Saturdays @ iG Center 9:00 am -12:00 pm. Cost $3 Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. Call 772-226-1780 for more information. PRE-SCFIOOLTUMBUNG Friday @ iG Center 10:15 am, 1:00 pm and 4:00 pm. Cost $3 pre -registered; $5 at the door Preschool tumbling is a great start for ages 4-5. Children are taught basic tumbling skills such as forwards/backwards rolls, handstands, and cartwheels. They will also improve self-confidence, basic skills, strength, flexibility and balance. Spaces are limited! Go to www.ircgov.com/parlcsandrecreation to register or call 772-226-1780! 9 QI GONG Tuesday @ iG Center 10:00-11:00 am. Cost $12 No special clothing or equipment required. Stand or Sit. Walk-ins welcome. leave refreshed, relaxed and joyful. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! SHINE DANCE WITH CRYSTAL Saturday @ iG Center 9:30-10:30 am. Cost $10 Full body cardio and toning workout based in traditional jazz, ballet and hip-hop. Get ready to sweat, smile, shimmy and shake your worries away. Walk-ins welcome. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! Tuesdays @ 8:30 am @ MLI Jr. Walking Trail &Park FREE Tuesdays @ 9:30 am @ Victor Hart Sr. Community Enhancement Complex FREE led by Certified Walk with Face Instructor & Recreation leader Sarah Fiswerth For more information call 772-226-1780. SENIOR WEUNFSS PROGRAM WITH SANDY Monday, Wednesday and Friday @ iG Center 10-11:00 am. FREE Special programming for our 55+ community to have social interaction and light activity. Activities can be adapted to ability levels and interests. Walk-ins welcome. For more information call 772-226-1780. SENIOR WFlINESS — DANCING TO MUSIC Thursday @ iG Center 10:30-11:30 am. FREE Similar to our regular Senior Wellness Program for 55 +but with fun dancing music to spice it up a notch. Walk-ins welcome. For more information call 772-226-1780. 1:1111.:_ ll D1. Monday, Tuesday and Thursday @ iG Center Monday, 9:15-10:15 am, Tuesday & Thursday, 9:30-10:30 am. Cost $5 Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. Walk-ins welcome. Go to www.iregov.com/parksandrecreation to register or call 772-226-1780! 10 SWIM IEMNS Private swim lessons are available through the fall and winter Cost $80 per person, Scholarships available for those who qualify. The cost includes 4 — 25 -minute lessons For information, call the North County Aquatic Center at772-226-1175 of the Gifford Aquatic Center at 772-226-1175 THURSDAYNIGHT LIGHTS Thursday @ IRC Shooting Range 5-9:00 pm. Cost $8 per round We light up the fields for a fun skeet -trap night activity. No registration required. For more information call 772-226-3096. UP BEAT BONNG Tuesday and Thursday @ iG Center 3 pm -4:00 pm. FREE Boxing fitness class geared for ages 55 +. Held twice a weekto get you out, active and UP- BEA'P. Walk-ins welcome. For more information call 772-226-1780. VETERANS YOGA PROJECT — MINDFULRESH IINCE Wednesday @ iG Center 2:00 pm -3:00 pm. FREE led by Certified Yoga Alliance Trainer Danielle Martinez Class open to active and retired military, first responders, their families, caregivers and anyone looking to support veterans. Call 772-226-1780 for more information. NOGAIATES Tuesday and Thursday @ iG Center 10:30 am -11:30 am. Cost $8 Mix between Yoga and Pilates. Walk-ins welcome. Go to www.ircgov.com/parksandrecreation to register or call 772-226-1780! YOUTH OPEN GYM BASKEIBAT T, Monday, Wednesday and Saturday @ iG Center Monday and Wednesday, 4-8:30 pm, Saturday, 1-4 pm. Cost $2 Unstructured activity time where the gymnasium is available to Youths (17 and under) to practice skills, shoot hoops, and play pick-up games. Call 772-226-1780 for more information. 11 William K. DeBraaL County Attorney Susan J. Prado, Deputy County Attorney AGENDA: 9/12/2023 INFORMATIONAL ITEM Office of INDIAN RIVER COUNTY ATTORNEY �1 T�1�IT���7_�►��11�1�1 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. FROM: William K. DeBraal — County Attorney DATE: September 6, 2023 SUBJECT: Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right -Of -Way Permit No. 2022031447) — Old Dixie Highway Roadway Improvements By Resolution No. 2019-089 adopted on October 1, 2019, the Board of County Commissioners delegated to the County Administrator or his designee, the authority to execute extensions to Contracts for Construction of Required Roadway Improvements for work to be performed under Section 312.11 of the Code of Indian River County, so long as the approval signature of the Public Works Director appeared on the extension document and that notice of such extension is presented as an informational item on a future agenda of the Board of County Commissioners. For your information, an extension document has been entered into between SPIRIT OF SEBASTIAN, LLC and Indian River County, whereby the date for completion of the roadway improvements to Old Dixie Highway has been extended to March 30, 2024. Additionally, the supporting security consisting of an iThink Financial Irrevocable Letter of Credit No. 60 in the amount of $156,555.25 has been amended to extend the expiration date to June 30, 2025. (The letter of credit runs an additional 15 months beyond the extended completion date to provide for the 1 -year warranty after construction has been completed.) INa 12 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 T14RU: RYAN L. BUTLER, COMPTROLLER DATE: August 24, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 18, 2023 to August 24, 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 18, 2023 to August 24, 2023. 13 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 440081 08/18/2023 UNITED WAY OF INDIAN RIVER COUNTY 744.00 440082 08/18/2023 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 440083 08/18/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 7,027.28 440084 08/18/2023 FLORIDA UC FUND 2,819.91 440085 08/18/2023 COMMONWEALTH OF MASSACHUSETTS 154.00 440086 08/18/2023 P&AADMINISTRATIVE SERVICES INC 480.00 440087 08/18/2023 NORTH DAKOTA CHILD SUPPORT 228.47 440088 08/18/2023 MIDLAND FUNDING, LLC 1,551.29 440089 08/24/2023 AT&T WIRELESS 172.92 440090 08/24/2023 AT&T WIRELESS 297.45 440091 08/24/2023 INDIAN RIVER COUNTY HEALTH DEPT 29,527.57 440092 08/24/2023 VICTIM ASSISTANCE PROGRAM 7,460.08 440093 08/24/2023 ROGER J NICOSIA 1,500.00 440094 08/24/2023 CITY OF VERO BEACH 2,230.27 440095 08/24/2023 CITY OF VERO BEACH 11,987.50 440096 08/24/2023 HOME DEPOT USA INC 35.97 440097 08/24/2023 AT&T CORP 908.71 440098 08/24/2023 INDIAN RIVER COUNTY UTILITIES 204.99 440099 08/24/2023 STATEATTORNEY 11,227.25 440100 08/24/2023 ST LUCIE COUNTY BOCC 59,533.16 440101 08/24/2023 A THOMAS CONSTRUCTION INC 3,415.00 440102 08/24/2023 ALAN JAY CHEVROLET CADILLAC 50,872.00 440103 08/24/2023 CHANGE HEALTHCARE LLC 34,208.74 440104 08/24/2023 HINTERLAND GROUP INC 159,195.26 440105 08/24/2023 BISHOP VEROT CATHOLIC HIGH SCHOOL 250.00 440106 08/24/2023 UTIL REFUNDS 88.22 440107 08/24/2023 UTIL REFUNDS 80.54 440108 08/24/2023 UTIL REFUNDS 47.87 440109 08/24/2023 UTIL REFUNDS 37.74 440110 08/24/2023 UTIL REFUNDS 57.11 440111 08/24/2023 UTIL REFUNDS 76.83 440112 08/24/2023 UTIL REFUNDS 46.75 440113 08/24/2023 UTIL REFUNDS 32.23 440114 08/24/2023 UTIL REFUNDS 30.39 440115 08/24/2023 UTIL REFUNDS 28.99 440116 08/24/2023 UTIL REFUNDS 109.74 440117 08/24/2023 UTIL REFUNDS 42.42 440118 08/24/2023 UTIL REFUNDS 63.55 440119 08/24/2023 UTIL REFUNDS 37.49 440120 08/24/2023 UTIL REFUNDS 271.94 440121 08/24/2023 UTIL REFUNDS 27.94 440122 08/24/2023 UTIL REFUNDS 77.41 440123 08/24/2023 UTIL REFUNDS 53.12 440124 08/24/2023 UTIL REFUNDS 42.97 440125 08/24/2023 UTIL REFUNDS 74.76 440126 08/24/2023 UTIL REFUNDS 45.50 440127 08/24/2023 UTIL REFUNDS 5.95 440128 08/24/2023 UTIL REFUNDS 141.31 440129 08/24/2023 UTIL REFUNDS 78.68 440130 08/24/2023 UTIL REFUNDS 66.76 440131 08/24/2023 UTIL REFUNDS 47.67 440132 08/24/2023 UTIL REFUNDS 32.44 440133 08/24/2023 UTIL REFUNDS 59.14 440134 08/24/2023 UTIL REFUNDS 24.84 440135 08/24/2023 UTIL REFUNDS 58.67 440136 08/24/2023 UTIL REFUNDS 43.69 440137 08/24/2023 UTIL REFUNDS 45.98 440138 08/24/2023 UTIL REFUNDS 34.08 14 TRANS NBR DATE VENDOR AMOUNT 440139 08/24/2023 UTIL REFUNDS 39.24 440140 08/24/2023 UTIL REFUNDS 31.37 440141 08/24/2023 UTIL REFUNDS 33.35 440142 08/24/2023 UTIL REFUNDS 4.79 440143 08/24/2023 UTIL REFUNDS 69.19 440144 08/24/2023 UTIL REFUNDS 75.79 440145 08/24/2023 UTIL REFUNDS 92.24 440146 08/24/2023 UTIL REFUNDS 1.82 440147 08/24/2023 UTIL REFUNDS 30.87 440148 08/24/2023 UTIL REFUNDS 92.35 440149 08/24/2023 UTIL REFUNDS 77.53 440150 08/24/2023 UTIL REFUNDS 65.44 440151 08/24/2023 UTIL REFUNDS 39.76 440152 08/24/2023 UTIL REFUNDS 91.06 440153 08/24/2023 UTIL REFUNDS 1.33 440154 08/24/2023 INDIAN RIVER STATE COLLEGE 110.00 440155 08/24/2023 NAEMT 510.00 440156 08/24/2023 SUSAN ADAMS 412.61 440157 08/24/2023 MASON KOZAC 469.40 440158 08/24/2023 ARCADIS U S INC 1,370.75 440159 08/24/2023 DIVOSTA HOMES LP 485,914.13 440160 08/24/2023 SOUTHERN MANAGEMENT LLC 5,675.50 440161 08/24/2023 CW ROBERTS CONTRACTING INC 216,762.94 440162 08/24/2023 CLEAN SPACE INC 15,995.96 440163 08/24/2023 UTIL REFUNDS 1,728.35 440164 08/24/2023 UTIL REFUNDS 505.47 440165 08/24/2023 UTIL REFUNDS 40.48 440166 08/24/2023 UTIL REFUNDS 30.53 440167 08/24/2023 UTIL REFUNDS 114.43 440168 08/24/2023 UTIL REFUNDS 79.61 440169 08/24/2023 UTIL REFUNDS 14.69 440170 08/24/2023 UTIL REFUNDS 498.90 440171 08/24/2023 UTIL REFUNDS 72.32 440172 08/24/2023 UTIL REFUNDS 87.73 440173 08/24/2023 UTIL REFUNDS 329.48 440174 08/24/2023 UTIL REFUNDS 17.97 440175 08/24/2023 UTIL REFUNDS 58.43 440176 08/24/2023 UTIL REFUNDS 96.40 440177 08/24/2023 UTIL REFUNDS 97.82 440178 08/24/2023 UTIL REFUNDS 35.23 440179 08/24/2023 UTIL REFUNDS 80.55 440180 08/24/2023 UTIL REFUNDS 79.38 440181 08/24/2023 UTIL REFUNDS 37.52 440182 08/24/2023 UTIL REFUNDS 110.15 440183 08/24/2023 UTIL REFUNDS 86.09 440184 08/24/2023 UTIL REFUNDS 7.60 440185 08/24/2023 UTIL REFUNDS 47.07 440186 08/24/2023 UTIL REFUNDS 34.69 440187 08/24/2023 UTIL REFUNDS 86.08 440188 08/24/2023 UTIL REFUNDS 11.29 440189 08/24/2023 UTIL REFUNDS 38.65 440190 08/24/2023 UTIL REFUNDS 56.23 440191 08/24/2023 UTIL REFUNDS 12.51 440192 08/24/2023 UTIL REFUNDS 10.30 440193 08/24/2023 UTIL REFUNDS 85.82 440194 08/24/2023 UTIL REFUNDS 37.47 440195 08/24/2023 UTIL REFUNDS 36.85 440196 08/24/2023 UTIL REFUNDS 48.25 440197 08/24/2023 UTIL REFUNDS 51.53 440198 08/24/2023 UTIL REFUNDS 117.48 2 15 TRANS NBR DATE VENDOR AMOUNT 440199 08/24/2023 UTIL REFUNDS 144.97 440200 08/24/2023 UTIL REFUNDS 31.42 440201 08/24/2023 UTIL REFUNDS 26.13 440202 08/24/2023 UTIL REFUNDS 4,537.31 440203 08/24/2023 UTIL REFUNDS 26.28 440204 08/24/2023 UTIL REFUNDS 57.16 440205 08/24/2023 UTIL REFUNDS 71.66 440206 08/24/2023 UTIL REFUNDS 42.01 440207 08/24/2023 UTIL REFUNDS 83.90 440208 08/24/2023 UTIL REFUNDS 20.59 440209 08/24/2023 UTIL REFUNDS 65.52 440210 08/24/2023 UTIL REFUNDS 70.38 440211 08/24/2023 UTIL REFUNDS 18.47 440212 08/24/2023 UTIL REFUNDS 46.80 440213 08/24/2023 UTIL REFUNDS 40.70 440214 08/24/2023 UTIL REFUNDS 74.68 440215 08/24/2023 UTIL REFUNDS 44.20 440216 08/24/2023 UTIL REFUNDS 20.27 440217 08/24/2023 UTIL REFUNDS 29.21 440218 08/24/2023 UTIL REFUNDS 72.20 440219 08/24/2023 UTIL REFUNDS 84.26 440220 08/24/2023 UTIL REFUNDS 69.57 440221 08/24/2023 UTIL REFUNDS 75.91 440222 08/24/2023 UTIL REFUNDS 154.96 440223 08/24/2023 UTIL REFUNDS 23.26 440224 08/24/2023 UTIL REFUNDS 50.94 440225 08/24/2023 UTIL REFUNDS 62.62 440226 08/24/2023 UTIL REFUNDS 77.68 440227 08/24/2023 UTIL REFUNDS 85.82 440228 08/24/2023 UTIL REFUNDS 32.02 440229 08/24/2023 UTIL REFUNDS 1.49 440230 08/24/2023 UTIL REFUNDS 37.91 440231 08/24/2023 UTIL REFUNDS 23.30 440232 08/24/2023 UTIL REFUNDS 81.88 440233 08/24/2023 UTIL REFUNDS 77.91 440234 08/24/2023 UTIL REFUNDS 35.56 440235 08/24/2023 UTIL REFUNDS 76.73 440236 08/24/2023 UTIL REFUNDS 45.70 440237 08/24/2023 UTIL REFUNDS 421.45 440238 08/24/2023 UTIL REFUNDS 28.70 440239 08/24/2023 UTIL REFUNDS 65.51 440240 08/24/2023 UTIL REFUNDS 39.00 440241 08/24/2023 UTIL REFUNDS 47.32 440242 08/24/2023 UTIL REFUNDS 47.49 440243 08/24/2023 UTIL REFUNDS 24.89 440244 08/24/2023 UTIL REFUNDS 57.42 440245 08/24/2023 UTIL REFUNDS 38.38 440246 08/24/2023 UTIL REFUNDS 6.13 440247 08/24/2023 UTIL REFUNDS 46.02 440248 08/24/2023 UTIL REFUNDS 48.97 440249 08/24/2023 UTIL REFUNDS 27.92 440250 08/24/2023 UTIL REFUNDS 110.17 440251 08/24/2023 UTIL REFUNDS 23.01 440252 08/24/2023 UTIL REFUNDS 20.81 440253 08/24/2023 UTIL REFUNDS 43.75 440254 08/24/2023 UTIL REFUNDS 72.01 440255 08/24/2023 COMMUNICATIONS INTERNATIONAL 1,473.80 440256 08/24/2023 SSES INC 35,895.29 440257 08/24/2023 TEN-8 FIRE EQUIPMENT INC 357.70 440258 08/24/2023 RANGER CONSTRUCTION IND INC 532.40 16 TRANS NBR DATE VENDOR AMOUNT 440259 08/24/2023 VERO CHEMICAL DISTRIBUTORS INC 2,215.20 440260 08/24/2023 PALMDALE OIL COMPANY INC 18,029.12 440261 08/24/2023 RICOH USA INC 140.84 440262 08/24/2023 KIMLEY HORN & ASSOC INC 1,000.00 440263 08/24/2023 SAFETY PRODUCTS INC 1,754.88 440264 08/24/2023 DATA FLOW SYSTEMS INC 877.00 440265 08/24/2023 PARALEE COMPANY INC 683.90 440266 08/24/2023 INDIAN RIVER BATTERY 194.40 440267 08/24/2023 GRAINGER 795.64 440268 08/24/2023 KELLY TRACTOR CO 14.64 440269 08/24/2023 KELLY TRACTOR CO 5,183.75 440270 08/24/2023 HACH CO 2,324.30 440271 08/24/2023 CLIFF BERRY INC 184.80 440272 08/24/2023 NATIONAL FIRE PROTECTION ASSOC 175.00 440273 08/24/2023 MEEKS PLUMBING INC 565.00 440274 08/24/2023 EXPRESS REEL GRINDING INC 2,830.00 440275 08/24/2023 TIRESOLES OF BROWARD INC 4,135.62 440276 08/24/2023 CARTER ASSOCIATES INC 2,250.00 440277 08/24/2023 NEWMANS POWER SYSTEMS 662.93 440278 08/24/2023 WORLD INDUSTRIAL EQUIPMENT INC 1,030.26 440279 08/24/2023 MIDWEST TAPE LLC 930.45 440280 08/24/2023 ODYSSEY MANUFACTURING CO 21,154.35 440281 08/24/2023 K & M ELECTRIC SUPPLY INC 339.71 440282 08/24/2023 BAKER DISTRIBUTING CO LLC 471.44 440283 08/24/2023 GO COASTAL INC 381.30 440284 08/24/2023 SOFTWARE HARDWARE INTEGRATION 48.92 440285 08/24/2023 CREATIVE CHOICE HOMES XVI LTD 550.00 440286 08/24/2023 CLERK OF CIRCUIT COURT 1,153.95 440287 08/24/2023 CLERK OF CIRCUIT COURT 603.00 440288 08/24/2023 CLERK OF CIRCUIT COURT 40.00 440289 08/24/2023 CLERK OF CIRCUIT COURT 40.00 440290 08/24/2023 CLERK OF CIRCUIT COURT 40.00 440291 08/24/2023 INDIAN RIVER COUNTY HEALTH DEPT 422.00 440292 08/24/2023 CITY OF VERO BEACH 5,968.55 440293 08/24/2023 HOME DEPOT USA INC 891.58 440294 08/24/2023 EBSCO INDUSTRIES INC 1,206.07 440295 08/24/2023 LIVINGSTON PAGE 670.00 440296 08/24/2023 JANITORIAL DEPOT OF AMERICA INC 669.69 440297 08/24/2023 PUBLIX SUPERMARKETS 31.44 440298 08/24/2023 ACUSHNET COMPANY 221.48 440299 08/24/2023 FEDERAL EXPRESS CORP 295.33 440300 08/24/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 63.65 440301 08/24/2023 COMO OIL COMPANY OF FLORIDA 557.27 440302 08/24/2023 NATIONAL RECREATION & PARK ASSOC 180.00 440303 08/24/2023 SOUTHEAST DESALTING ASSOCIATION 80.00 440304 08/24/2023 SOUTHEAST DESALTING ASSOCIATION 40.00 440305 08/24/2023 FLORIDA RECREATION & PARK ASSOC INC 80.00 440306 08/24/2023 FLORIDA POWER AND LIGHT 26,952.31 440307 08/24/2023 LANGUAGE LINE SERVICES INC 313.07 440308 08/24/2023 HIBISCUS CHILDRENS CENTER INC 4,390.96 440309 08/24/2023 COMPLETE ELECTRIC INC 972.50 440310 08/24/2023 GOULD COOKSEY FENNEL PA 9,000.00 440311 08/24/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 25.00 440312 08/24/2023 IRC HEALTHY START COALITION INC 3,333.33 440313 08/24/2023 IRC HEALTHY START COALITION INC 1,666.67 440314 08/24/2023 IRC HEALTHY START COALITION INC 18,990.27 440315 08/24/2023 IRC HEALTHY START COALITION INC 3,166.67 440316 08/24/2023 IRC HEALTHY START COALITION INC 5,238.33 440317 08/24/2023 IRC HEALTHY START COALITION INC 6,500.00 440318 08/24/2023 ESRI INC 550.00 4 17 TRANS NBR DATE VENDOR AMOUNT 440319 08/24/2023 HENRY SMITH 535.00 440320 08/24/2023 UNIVERSITY OF FLORIDA 603.92 440321 08/24/2023 PITNEY BOWES INC 633.57 440322 08/24/2023 JOHN BROWN & SONS INC 11,000.00 440323 08/24/2023 CHILDRENS HOME SOCIETY OF FL 3,750.00 440324 08/24/2023 ELXSI INC 290.36 440325 08/24/2023 FLORIDA ENGINEERING SOCIETY 210.00 440326 08/24/2023 MIDWEST MOTOR SUPPLY CO 582.27 440327 08/24/2023 RECHTIEN INTERNATIONAL TRUCKS 445.50 440328 08/24/2023 HULETT ENVIRONMENTAL SERVICES 797.00 440329 08/24/2023 ELECTRONIC ACCESS SPECIALIST 642.28 440330 08/24/2023 SYNAGRO-WWT INC 67,282.62 440331 08/24/2023 THE SHERWIN WILLIAMS CO 376.08 440332 08/24/2023 SOUTHERN JANITOR SUPPLY INC 459.11 440333 08/24/2023 THOMPSON PUMP & MANUFACTURING COMPANY IN( 10,595.33 440334 08/24/2023 JACKS COMPLETE TREE SERVICE INC 3,800.00 440335 08/24/2023 GLOVER OIL COMPANY INC 52,482.48 440336 08/24/2023 LARRY STEPHENS 300.00 440337 08/24/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 287.31 440338 08/24/2023 SUNBELT RENTALS INC 757.29 440339 08/24/2023 JOHNNY B SMITH 275.00 440340 08/24/2023 DANE MACDONALD 300.00 440341 08/24/2023 DUPERON CORPORATION 6,400.00 440342 08/24/2023 GLOBALSTAR USA 222.44 440343 08/24/2023 INDIAN RIVER RDA LP 400.00 440344 08/24/2023 SIMS CRANE & EQUIPMENT CO 707.20 440345 08/24/2023 PETER J CASSARA 11,600.00 440346 08/24/2023 TRADEWINDS POWER CORP 580.00 440347 08/24/2023 TREASURE COAST FOOD BANK INC 476.43 440348 08/24/2023 NICOLACE MARKETING INC 4,261.25 440349 08/24/2023 HELPING ANIMALS LIVE -OVERCOME 41.00 440350 08/24/2023 BRENNTAG MID -SOUTH INC 13,326.41 440351 08/24/2023 STAT MEDICAL DISPOSAL INC 550.00 440352 08/24/2023 FLORIDA ARMATURE WORKS INC 4,755.34 440353 08/24/2023 OVERDRIVE INC 2,366.19 440354 08/24/2023 ALAN JAY CHEVROLET CADILLAC 25,436.00 440355 08/24/2023 JOSHUA HARVEY GHIZ 961.51 440356 08/24/2023 WILD TURKEY ESTATES OF VERO LLC 5,889.24 440357 08/24/2023 CARDINAL HEALTH 110 INC 1,472.89 440358 08/24/2023 MUNICIPAL EMERGENCY SERVICES INC 748.87 440359 08/24/2023 BURNETT LIME CO INC 2,007.94 440360 08/24/2023 CALDWELL PACETTI EDWARDS 810.00 440361 08/24/2023 KRAUS ASSOCIATES INC 269.08 440362 08/24/2023 CHEMTRADE CHEMICALS CORPORTATION 4,687.69 440363 08/24/2023 BAUDVILLE INC 392.98 440364 08/24/2023 SPORT SURFACES LLC 19,800.00 440365 08/24/2023 THE LAW OFFICES OF 4,276.25 440366 08/24/2023 STS MAINTAIN SERVICES INC 10,195.55 440367 08/24/2023 EIC INC 1,637.50 440368 08/24/2023 COBRA GOLF INCORPORATED 172.43 440369 08/24/2023 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 750.00 440370 08/24/2023 HAWKINS INC 11,896.50 440371 08/24/2023 CROSSOVER MISSION INC 7,083.00 440372 08/24/2023 BYERS ENGINEERING COMPANY 3,200.00 440373 08/24/2023 AC VETERINARY SPECIALTY SERVICES 45.00 440374 08/24/2023 MATHESON TRI -GAS INC 9,028.74 440375 08/24/2023 COLE AUTO SUPPLY INC 2,719.99 440376 08/24/2023 BETH NOLAN 270.00 440377 08/24/2023 FLORIDA BULB & BALLAST INC 958.00 440378 08/24/2023 DAVE FORD PAINTING INC 8,950.00 18 TRANS NBR DATE VENDOR AMOUNT 440379 08/24/2023 SSE ASSOCIATES INC 435.00 440380 08/24/2023 CORE & MAIN LP 6,908.49 440381 08/24/2023 WOERNERAGRIBUSINESS LLC 572.00 440382 08/24/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 6,463.80 440383 08/24/2023 AMAZON CAPITAL SERVICES INC 8,067.91 440384 08/24/2023 PACE ANALYTICAL SERVICES LLC 226.80 440385 08/24/2023 PACE ANALYTICAL SERVICES LLC 65.11 440386 08/24/2023 JORDAN POWER EQUIPMENT CORP 270.81 440387 08/24/2023 CK CONTRACTORS & DEVELOPMENT LLC 3,911.41 440388 08/24/2023 LIBERTY TIRE RECYCLING LLC 9,593.60 440389 08/24/2023 MULLINAX FORD OF VERO BEACH 105.72 440390 08/24/2023 JUDITH A BURLEY 259.00 440391 08/24/2023 PUMP SERVICE & IRRIGATION INC 692.60 440392 08/24/2023 KRONOS SAASHR INC 175.14 440393 08/24/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 805.33 440394 08/24/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 380.99 440395 08/24/2023 DESK SPINCO INC 1,461.76 440396 08/24/2023 EFLASH NEWSLETTERS LLC 150.00 440397 08/24/2023 BLUE GOOSE CONSTRUCTION LLC 2,102.82 440398 08/24/2023 STAPLES INC 60.70 440399 08/24/2023 LOWES COMPANIES INC 1,619.15 440400 08/24/2023 ROBERTA HUDSON 200.00 440401 08/24/2023 THEODORE SEMI 700.00 440402 08/24/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 500.00 440403 08/24/2023 WIPEOUT SERVICES LLC 175.00 440404 08/24/2023 FUN EXPRESS LLC 420.21 440405 08/24/2023 LAWRENCE F WALLIN 150.00 440406 08/24/2023 HIREQUEST LLC 12,318.39 440407 08/24/2023 PETERBILT STORE SOUTH FLORIDA LLC 1,737.40 440408 08/24/2023 A TEAM OF THE TREASURE COAST INC 860.00 440409 08/24/2023 CER SIGNATURE CLEANING LLC 3,226.00 440410 08/24/2023 CLEAN SPACE INC 455.00 440411 08/24/2023 DOBBS EQUIPMENT LLC 6,833.90 440412 08/24/2023 GOMEZ BROTHERS CONTRACT SERVICES 360.00 440413 08/24/2023 SHRIEVE CHEMICAL CO LLC 7,867.40 440414 08/24/2023 BTAC HOLDING CORP 7,991.45 440415 08/24/2023 TK ELEVATOR CORPORATION 594.00 440416 08/24/2023 POINT & PAY LLC 1,300.00 440417 08/24/2023 CRYSTAL MCANELLY DIVERS 215.00 440418 08/24/2023 SEVEN ISLES CAPITAL 565.00 440419 08/24/2023 SCOTT SEELEY 250.00 440420 08/24/2023 RONALD MARASCO SR 250.00 440421 08/24/2023 THOMAS T HARDY 15,000.00 440422 08/24/2023 TAYLOR NELSON AUXIER 165.00 440423 08/24/2023 ADAMS AND RUBIN FENCE INC 1,122.00 440424 08/24/2023 XEROX CORPORATION 117.78 440425 08/24/2023 XEROX CORPORATION 1,286.57 440426 08/24/2023 PAIGE K BROWN 60.00 440427 08/24/2023 SYNERGY HOME BUYERS LLC 450.00 440428 08/24/2023 BLUETARP FINANCIAL INC 282.48 440429 08/24/2023 SPLASHTOP INC 21,500.00 440430 08/24/2023 JORDAN PARKER 75.00 440431 08/24/2023 TRADEWINDS ENRICHMENT SOLUTIONS INC 495.00 440432 08/24/2023 SUBSTANCE ABUSE COUNCIL OF IRC 7,799.00 440433 08/24/2023 SUBSTANCE ABUSE COUNCIL OF IRC 720.00 440434 08/24/2023 JOHN DIGIACOMO 200.00 440435 08/24/2023 BATES AIR & HEAT LLC 1,215.50 440436 08/24/2023 LF STAFFING SERVICES INC 2,082.13 440437 08/24/2023 FLOOD IRRIGATION INC 1,496.90 440438 08/24/2023 SUMMIT FIRE & SECURITY LLC 2,038.50 19 TRANS NBR DATE VENDOR AMOUNT 440439 08/24/2023 GEARFACE LLC 200.00 440440 08/24/2023 TECHNICAL MAINTENANCE INC 1,050.00 440441 08/24/2023 A PLUS ENVIRONMENTAL RESTORATION LLC 9,452.20 440442 08/24/2023 JONATHAN FRAZIER 225.00 440443 08/24/2023 KATHERINE L NALL 24.00 440444 08/24/2023 ELITE GOLF TECHNOLOGY LLC 2,450.00 440445 08/24/2023 BRYAN T DEARING JR 32,571.43 440446 08/24/2023 FLUKE ELECTRONICS CORPORATION 3,570.99 440447 08/24/2023 KTLC GRANADA LLC 350.00 440448 08/24/2023 CYNTHIA WOLD 100.00 Grand Total: 1,853,673.50 7 20 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE 902850 08/24/2023 902851 08/24/2023 902852 08/24/2023 902853 08/24/2023 902854 08/24/2023 902855 08/24/2023 902856 08/24/2023 902857 08/24/2023 Grand Total: VENDOR ST FRANCIS MANOR OF VERO BEACH TREASURE COAST HOMELESS SERVICES FLORIDA POWER AND LIGHT FORT PIERCE HOUSING AUTHORITY STAPLES INC VERO BEACH LEASED HOUSING ASSOC III LLLP STREIT RIVER PARK PLACE LLC STARWOOD REIT OPERATING PARTNERSHIP LP AMOUNT 173.00 503.00 52.00 864.38 202.77 582.00 359.00 878.00 3,614.15 21 Iaex"t-WINKeU." 4,3710 ENI NX40a AD TRANS. NBR DATE VENDOR AMOUNT 1020893 08/18/2023 AT&T CORP 5,460.28 1020894 08/18/2023 AT&T CORP 198.00 1020895 08/18/2023 AT&T CORP 690.00 1020896 08/18/2023 OFFICE DEPOT INC 1,933.49 1020897 08/18/2023 COMCAST 282.25 1020898 08/18/2023 WASTE MANAGEMENT INC OF FLORIDA 714.14 1020899 08/24/2023 ADRON FENCE COMPANY INC 2,206.00 1020900 08/24/2023 INDIAN RIVER OXYGEN INC 590.00 1020901 08/24/2023 MIKES GARAGE & WRECKER SERVICE INC 175.00 1020902 08/24/2023 GALLS LLC 425.50 1020903 08/24/2023 IRRIGATION CONSULTANTS UNLIMITED INC 3,106.48 1020904 08/24/2023 GROVE WELDERS INC 11,101.53 1020905 08/24/2023 JOHN DEERE COMPANY 23,384.90 1020906 08/24/2023 411VIPRINT INC 7,053.41 1020907 08/24/2023 STRYKER SALES CORP 514.50 1020908 08/24/2023 SPINNAKER VERO INC 902.06 1020909 08/24/2023 AUTO PARTNERS LLC 2,927.96 1020910 08/24/2023 UNIFIRST CORPORATION 3.51 1020911 08/24/2023 UNIFIRST CORPORATION 2,259.05 1020912 08/24/2023 NEXAIR LLC 93.54 1020913 08/24/2023 EFE INC 1,143.52 1020914 08/24/2023 CARLON INC 1,041.00 1020915 08/24/2023 CUMMINS INC 3,864.05 Grand Total: 70,070.17 22 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10737 08/18/2023 KIMLEY HORN & ASSOC INC 43,160.00 10738 08/18/2023 IRC FIRE FIGHTERS ASSOC 11,156.64 10739 08/18/2023 TEAMSTERS LOCAL UNION #769 5,333.00 10740 08/18/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 9,711.80 10741 08/18/2023 MUTUAL OF OMAHA 2,677.50 10742 08/18/2023 EDH HOLDINGS LLC 378.85 10743 08/18/2023 LINCOLN RETIREMENT 89,935.70 10744 08/21/2023 FL SDU 2,977.36 10745 08/21/2023 IRS -PAYROLL TAXES 551,987.37 10746 08/22/2023 ATLAS ORGANICS INDIAN RIVER LLC 198,457.47 10747 08/22/2023 EDH HOLDINGS LLC 10,634.00 10748 08/23/2023 IRC CHAMBER OF COMMERCE 68,750.00 10749 08/23/2023 IRC CHAMBER OF COMMERCE 15,736.94 10750 08/23/2023 SENIOR RESOURCE ASSOCIATION 595,573.32 10751 08/23/2023 IRS -PAYROLL TAXES 434.16 10752 08/24/2023 CER SIGNATURE CLEANING LLC 13,762.87 10753 08/24/2023 HALLEY ENGINEERING CONTRACTORS INC 770,245.29 Grand Total: 2,390,912.27 23 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 31, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS August 25, 2023 to August 31, 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 25, 2023 to August 31, 2023. 24 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 440449 08/31/2023 TESCO SOUTH INCORPORATED 3,400.00 440450 08/31/2023 AT&T WIRELESS 345.84 440451 08/31/2023 AT&T WIRELESS 127.69 440452 08/31/2023 ADVANCED AIR ASSOCIATES INC 6,903.16 440453 08/31/2023 HOME DEPOT USA INC 21.66 440454 08/31/2023 AT&T CORP 6.00 440455 08/31/2023 TREASURE COAST HOMELESS SERVICES 180,000.00 440456 08/31/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 87.83 440457 08/31/2023 FLORIDA POWER AND LIGHT 7,272.58 440458 08/31/2023 SUNSHINE STATE ONE CALL OF FL INC 2,232.93 440459 08/31/2023 MBV ENGINEERING INC 5,286.75 440460 08/31/2023 RICHARD SZPYRKA 239.00 440461 08/31/2023 BEACHLAND HOMES CORP 500.00 440462 08/31/2023 STATE OF FLORIDA 19,927.01 440463 08/31/2023 AMAZON CAPITAL SERVICES INC 33.65 440464 08/31/2023 GRBK GHO HOMES LLC 9,280.62 440465 08/31/2023 LOBBYTOOLS INC 4,350.00 440466 08/31/2023 DANIEL HULLEN 20.00 440467 08/31/2023 PATRIOT RESPONSE GROUP LLC 68,716.00 440468 08/31/2023 ELISE KRISS 50.00 440469 08/31/2023 GAYLAEASTMAN 180.00 440470 08/31/2023 ROSINA DOBRINER 75.00 440471 08/31/2023 JOSE ROCHA 500.00 440472 08/31/2023 LIUSMAY GOMEZ 50.00 440473 08/31/2023 SYLVIA GHIRARDINI 110.00 440474 08/31/2023 UTIL REFUNDS 38.86 440475 08/31/2023 UTIL REFUNDS 74.72 440476 08/31/2023 UTIL REFUNDS 71.43 440477 08/31/2023 UTIL REFUNDS 56.36 440478 08/31/2023 UTIL REFUNDS 82.03 440479 08/31/2023 UTIL REFUNDS 76.25 440480 08/31/2023 UTIL REFUNDS 42.90 440481 08/31/2023 UTIL REFUNDS 38.14 440482 08/31/2023 UTIL REFUNDS 18.83 440483 08/31/2023 UTIL REFUNDS 39.02 440484 08/31/2023 UTIL REFUNDS 66.76 440485 08/31/2023 UTIL REFUNDS 12.94 440486 08/31/2023 UTIL REFUNDS 71.64 440487 08/31/2023 UTIL REFUNDS 1.51 440488 08/31/2023 UTIL REFUNDS 41.66 440489 08/31/2023 UTIL REFUNDS 20.55 440490 08/31/2023 UTIL REFUNDS 9.08 440491 08/31/2023 UTIL REFUNDS 88.29 440492 08/31/2023 UTIL REFUNDS 160.36 440493 08/31/2023 UTIL REFUNDS 55.88 440494 08/31/2023 UTIL REFUNDS 138.99 440495 08/31/2023 UTIL REFUNDS 42.27 440496 08/31/2023 UTIL REFUNDS 53.25 440497 08/31/2023 UTIL REFUNDS 42.23 440498 08/31/2023 UTIL REFUNDS 13.19 440499 08/31/2023 UTIL REFUNDS 38.10 440500 08/31/2023 UTIL REFUNDS 75.44 440501 08/31/2023 UTIL REFUNDS 42.32 440502 08/31/2023 UTIL REFUNDS 70.60 440503 08/31/2023 UTIL REFUNDS 49.06 440504 08/31/2023 UTIL REFUNDS 45.83 440505 08/31/2023 UTIL REFUNDS 80.31 440506 08/31/2023 UTIL REFUNDS 46.00 25 TRANS NBR DATE VENDOR AMOUNT 440507 08/31/2023 UTIL REFUNDS 67.91 440508 08/31/2023 UTIL REFUNDS 271.14 440509 08/31/2023 UTIL REFUNDS 37.00 440510 08/31/2023 UTIL REFUNDS 4.39 440511 08/31/2023 UTIL REFUNDS 74.80 440512 08/31/2023 UTIL REFUNDS 34.75 440513 08/31/2023 UTIL REFUNDS 87.38 440514 08/31/2023 UTIL REFUNDS 79.83 440515 08/31/2023 UTIL REFUNDS 28.15 440516 08/31/2023 UTIL REFUNDS 66.76 440517 08/31/2023 UTIL REFUNDS 189.09 440518 08/31/2023 UTIL REFUNDS 29.13 440519 08/31/2023 UTIL REFUNDS 45.24 440520 08/31/2023 UTIL REFUNDS 45.34 440521 08/31/2023 UTIL REFUNDS 43.96 440522 08/31/2023 UTIL REFUNDS 40.26 440523 08/31/2023 MICHAEL K VERNON 150.00 440524 08/31/2023 JOHN BEARDSLEY 182.45 440525 08/31/2023 ALEXANDRA NICHOLAS 306.21 440526 08/31/2023 RYAN LLOYD 292.35 440527 08/31/2023 ABOUT PHASE ACADEMY LLC 1,650.00 440528 08/31/2023 MASON KOZAC 55.00 440529 08/31/2023 PROFESSIONAL DEVELOPMENT ACADEMY LLC 5,000.00 440530 08/31/2023 REPUBLIC SERVICES INC 578,631.09 440531 08/31/2023 SCHULKE BITTLE & STODDARD LLC 8,754.13 440532 08/31/2023 GEOSYNTEC CONSULTANTS INC 18,941.11 440533 08/31/2023 ARCADIS U S INC 1,543.25 440534 08/31/2023 MBV ENGINEERING INC 1,000.00 440535 08/31/2023 KESSLER CONSULTING INC 9,362.50 440536 08/31/2023 CATHEDRAL CORPORATION 17,700.00 440537 08/31/2023 TETRA TECH INC 3,090.29 440538 08/31/2023 BULK EXPRESS TRANSPORT INC 3,079.43 440539 08/31/2023 QUICK PAINTING GROUP 44,175.00 440540 08/31/2023 TIGER NATURAL GAS, INC. 51,030.60 440541 08/31/2023 COMMUNICATIONS INTERNATIONAL 550.00 440542 08/31/2023 TEN -8 FIRE EQUIPMENT INC 6,856.20 440543 08/31/2023 RANGER CONSTRUCTION IND INC 814.00 440544 08/31/2023 VERO CHEMICAL DISTRIBUTORS INC 515.60 440545 08/31/2023 VERO CHEMICAL DISTRIBUTORS INC 220.20 440546 08/31/2023 PERERS ENTERPRISES INC 4,323.02 440547 08/31/2023 PALMDALE OIL COMPANY INC 4,127.67 440548 08/31/2023 RICOH USA INC 158.15 440549 08/31/2023 SAFETY PRODUCTS INC 603.02 440550 08/31/2023 INDIAN RIVER BATTERY 186.75 440551 08/31/2023 GRAINGER 1,375.88 440552 08/31/2023 SAFETY KLEEN SYSTEMS INC 180.00 440553 08/31/2023 GRAYBAR ELECTRIC CO INC 1,917.79 440554 08/31/2023 TEMPLE INC 7,334.00 440555 08/31/2023 WILD LAND ENTERPRISES INC 18.00 440556 08/31/2023 CLIFF BERRY INC 719.35 440557 08/31/2023 AMAZON HOSE & RUBBER COMPANY 228.59 440558 08/31/2023 MEEKS PLUMBING INC 2,839.00 440559 08/31/2023 BOUND TREE MEDICAL LLC 41,595.30 440560 08/31/2023 BRISTER SIGNS INC 432.75 440561 08/31/2023 DIVE RESCUE INC 1,972.61 440562 08/31/2023 EXPRESS REEL GRINDING INC 700.00 440563 08/31/2023 ABCO GARAGE DOOR CO INC 589.00 440564 08/31/2023 BARNEYS PUMP INC 1,856.00 440565 08/31/2023 ODYSSEY MANUFACTURING CO 10,863.30 440566 08/31/2023 WILLIE C REAGAN 850.00 2 26 TRANS NBR DATE VENDOR AMOUNT 440567 08/31/2023 CLERK OF CIRCUIT COURT 146.00 440568 08/31/2023 CLERK OF CIRCUIT COURT 10.00 440569 08/31/2023 CLERK OF CIRCUIT COURT 85.00 440570 08/31/2023 INDIAN RIVER COUNTY HEALTH DEPT 294.00 440571 08/31/2023 CITY OF VERO BEACH 858.02 440572 08/31/2023 HOME DEPOT USA INC 1,227.37 440573 08/31/2023 FLORIDA DEPT OF TRANSPORTATION 10.80 440574 08/31/2023 JANITORIAL DEPOT OF AMERICA INC 110.85 440575 08/31/2023 TREASURE COAST HOMELESS SERVICES 7,206.00 440576 08/31/2023 BRACKETT FAMILY LIMITED PARTNERSHIP 1,174.00 440577 08/31/2023 ENVIRONMENTAL LEARNING CENTER INC 3,293.31 440578 08/31/2023 FEDERAL EXPRESS CORP 25.77 440579 08/31/2023 SOUTHEAST DESALTING ASSOCIATION 40.00 440580 08/31/2023 CALLAWAY GOLF SALES COMPANY 329.71 440581 08/31/2023 FLORIDA POWER AND LIGHT 215,638.68 440582 08/31/2023 FLORIDA POWER AND LIGHT 4,112.18 440583 08/31/2023 AMERICAN PLANNING ASSOCIATION 1,562.00 440584 08/31/2023 AMERICAN PLANNING ASSOCIATION 200.00 440585 08/31/2023 TREASURE COAST SPORTS COMMISSION INC 666.66 440586 08/31/2023 FLORIDA STATE GOLF ASSOCIATION 1,000.00 440587 08/31/2023 INDIAN RIVER FARMS WATER CNTRL DIST 570.00 440588 08/31/2023 INDIAN RIVER FARMS WATER CNTRL DIST 165.00 440589 08/31/2023 OSCEOLA COUNTY 12,304.53 440590 08/31/2023 JOHN BROWN & SONS INC 13,225.00 440591 08/31/2023 SYMBIONT SERVICE CORP 2,038.65 440592 08/31/2023 DAVID SPARKS 808.00 440593 08/31/2023 FORT PIERCE HOUSING AUTHORITY 825.00 440594 08/31/2023 BRIDGESTONE AMERICAS INC 2,741.57 440595 08/31/2023 FLORIDA ASSOC OF CODE ENFORCEMENT 225.00 440596 08/31/2023 FLORIDA ASSOC OF CODE ENFORCEMENT 225.00 440597 08/31/2023 ECONOLITE CONTROL PRODUCTS INC 7,427.36 440598 08/31/2023 MOORINGS CLUB INC 17,502.67 440599 08/31/2023 THE PALMS AT VERO BEACH 2,398.00 440600 08/31/2023 TRANE US INC 130.26 440601 08/31/2023 HULETT ENVIRONMENTAL SERVICES 109.00 440602 08/31/2023 ARTHUR PRUETT 791.00 440603 08/31/2023 SWANK MOTION PICTURES INC 480.00 440604 08/31/2023 MICHAEL JAHOLKOWSKI 554.00 440605 08/31/2023 FLORIDA LEVEL & TRANSIT CO INC 1,116.00 440606 08/31/2023 SMITHS DETECTION INC 1,161.00 440607 08/31/2023 RICHARD SCHLITT 862.00 440608 08/31/2023 ORCHID ISLAND PROPERTY MGMT II INC 2,320.00 440609 08/31/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 2,761.17 440610 08/31/2023 SUNCOAST REALTY & RENTAL MGMT LLC 872.00 440611 08/31/2023 PAMELA R CUMMINGS 1,186.00 440612 08/31/2023 INDIAN RIVER RDA LP 508.00 440613 08/31/2023 SIMS CRANE & EQUIPMENT CO 663.00 440614 08/31/2023 PETER J CASSARA 985.00 440615 08/31/2023 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,500.00 440616 08/31/2023 NICOLACE MARKETING INC 2,033.00 440617 08/31/2023 OKEECHOBEE PARTNERS LLC 1,167.00 440618 08/31/2023 BRENNTAG MID -SOUTH INC 13,331.98 440619 08/31/2023 ATLANTIC COASTAL LAND TITLE CO LLC 95.00 440620 08/31/2023 MISS INC OF THE TREASURE COAST 1,636.00 440621 08/31/2023 ALAN JAY CHEVROLET CADILLAC 31,684.00 440622 08/31/2023 GFA INTERNATIONAL INC 39,481.25 440623 08/31/2023 NEWSOM OIL COMPANY 1,668.50 440624 08/31/2023 FIVE STAR PROPERTY HOLDING LLC 1,407.00 440625 08/31/2023 BURNETT LIME CO INC 7,556.32 440626 08/31/2023 SOUTHERN MANAGEMENT LLC 499,408.00 27 TRANS NBR DATE VENDOR AMOUNT 440627 08/31/2023 THE LAW OFFICES OF 3,687.50 440628 08/31/2023 STS MAINTAIN SERVICES INC 24,252.10 440629 08/31/2023 MASCHMEYER CONCRETE COMPANY OF FLORIDA 950.70 440630 08/31/2023 LINDA WALL 630.00 440631 08/31/2023 AUGUSTUS B FORT JR 939.00 440632 08/31/2023 CATHEDRAL CORPORATION 978.99 440633 08/31/2023 H&H SHADOWBROOK LLC 737.00 440634 08/31/2023 GOTTA GO GREEN ENTERPISES INC 261.71 440635 08/31/2023 ADVANCE STORES COMPANY INCORPORATED 12.48 440636 08/31/2023 AWC INC 6,012.44 440637 08/31/2023 WURTH USA INC 300.60 440638 08/31/2023 AC VETERINARY SPECIALTY SERVICES 45.00 440639 08/31/2023 WEDGEWOOD RENTALS LLC 768.00 440640 08/31/2023 CDW LLC 122.42 440641 08/31/2023 COLE AUTO SUPPLY INC 878.31 440642 08/31/2023 KONICA MINOLTA BUSINESS SOLUTIONS 1,045.80 440643 08/31/2023 BETH NOLAN 126.00 440644 08/31/2023 NKW PIP HOLDINGS I LLC 942.00 440645 08/31/2023 FLORIDA BULB & BALLAST INC 1,258.26 440646 08/31/2023 NESTLE WATERS NORTH AMERICA 194.65 440647 08/31/2023 CALVIN GIORDANO & ASSOCIATES INC 22,503.78 440648 08/31/2023 WOERNER AGRIBUSINESS LLC 304.00 440649 08/31/2023 KARL POKRANDT 1,117.00 440650 08/31/2023 BRANDON ROUER 3,285.00 440651 08/31/2023 IM SOLUTIONS INC 138,281.95 440652 08/31/2023 HUDSON CONSULTING & MANAGEMENT LLC 716.00 440653 08/31/2023 AMAZON CAPITAL SERVICES INC 2,178.37 440654 08/31/2023 TREASURE COAST PLUMBING LLC 1,260.00 440655 08/31/2023 AMERIGAS PROPANE LP 3,011.34 440656 08/31/2023 JORDAN POWER EQUIPMENT CORP 264.95 440657 08/31/2023 CK CONTRACTORS & DEVELOPMENT LLC 64,446.03 440658 08/31/2023 LIBERTY TIRE RECYCLING LLC 2,679.80 440659 08/31/2023 MULLINAX FORD OF VERO BEACH 26,313.36 440660 08/31/2023 JUDITH A BURLEY 310.00 440661 08/31/2023 SHARON P BRENNAN 689.00 440662 08/31/2023 CIVICPLUS LLC 24,734.96 440663 08/31/2023 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 4,583.33 440664 08/31/2023 DESK SPINCO INC 297.54 440665 08/31/2023 DESK SPINCO INC 30.26 440666 08/31/2023 EFLASH NEWSLETTERS LLC 150.00 440667 08/31/2023 A PLUS PROPERTY MANAGEMENT INC 3,094.00 440668 08/31/2023 RANDEE BOK 160.00 440669 08/31/2023 BLUE GOOSE CONSTRUCTION LLC 980.69 440670 08/31/2023 STAPLES INC 538.94 440671 08/31/2023 LOWES COMPANIES INC 1,858.28 440672 08/31/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 363.09 440673 08/31/2023 MILLENNIUM CREMATORY LLC 750.00 440674 08/31/2023 PALM COAST SHUTTERS & ALUMINUM PRODUCTS IN 3,596.88 440675 08/31/2023 BREGO PROPERTIES LLC 861.00 440676 08/31/2023 CONTROL TECHNOLOGIES INC 319,561.83 440677 08/31/2023 SREIT LEXINGTON CLUB LLC 4,509.00 440678 08/31/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 484.00 440679 08/31/2023 ATLAS COPCO USA HOLDING INC 1,879.42 440680 08/31/2023 MARLBROS HOLDINGS LLC 1,341.00 440681 08/31/2023 WIPEOUT SERVICES LLC 350.00 440682 08/31/2023 INTEGRATION FACTORY INC 280.00 440683 08/31/2023 VERO COLLISION II LLC 2,194.33 440684 08/31/2023 HIREQUEST LLC 3,135.09 440685 08/31/2023 PETERBILT STORE SOUTH FLORIDA LLC 396.33 440686 08/31/2023 SEUNG KIM 650.00 28 TRANS NBR DATE VENDOR AMOUNT 440687 08/31/2023 A TEAM OF THE TREASURE COAST INC 258.00 440688 08/31/2023 NEX-GEN PARTNERS LLC 6,885.00 440689 08/31/2023 CER SIGNATURE CLEANING LLC 2,100.00 440690 08/31/2023 ENVIRONMENTAL EQUIPMENT SERVICES LLC 5,976.00 440691 08/31/2023 EZAS INVESTMENTS LLC 1,450.00 440692 08/31/2023 MICHAEL MILLER 1,361.00 440693 08/31/2023 RS REALTY ADVISORS LLC 2,201.00 440694 08/31/2023 WESTERN OILFIELDS SUPPLY COMPANY 6,616.38 440695 08/31/2023 WILLIAM J LAHEY 773.00 440696 08/31/2023 AVI-SPL LLC 9,600.00 440697 08/31/2023 PIVOTAL UTILITY HOLDINGS INC 46.71 440698 08/31/2023 SONIA SUSAN SOSA 1,383.00 440699 08/31/2023 ULTIMATE PROPERTIES & LOGISTICS LLC 1,250.00 440700 08/31/2023 SHRIEVE CHEMICAL CO LLC 3,847.85 440701 08/31/2023 FS.COM INC 147.00 440702 08/31/2023 TPH HOLDINGS LLC 879.02 440703 08/31/2023 SEVEN ISLES CAPITAL 118.00 440704 08/31/2023 PANORAMIC VETPRO INC 1,485.00 440705 08/31/2023 KAREN CHENNELL 1,585.00 440706 08/31/2023 JT VERO PROPERTIES LLC 3,215.00 440707 08/31/2023 SM REALTY PARTNERS LLC 2,207.00 440708 08/31/2023 XEROX CORPORATION 1,491.68 440709 08/31/2023 BLUETARP FINANCIAL INC 19.92 440710 08/31/2023 IXORIA RE LLC 2,440.00 440711 08/31/2023 US ECOLOGY TAMPA INC 24,057.01 440712 08/31/2023 NATIONAL 4-H COUNCIL 350.45 440713 08/31/2023 DONNA W ROBERTS 60.00 440714 08/31/2023 EMPIRE PIPE & SUPPLY COMPANY INC 18,002.00 440715 08/31/2023 HI LIFE PROPERTY MANAGEMENT LLC 8,720.61 440716 08/31/2023 JB JONES JR 721.00 440717 08/31/2023 UNA GRAHAM 1,400.00 440718 08/31/2023 HAR-RO PROPERTIES LLC 1,030.00 440719 08/31/2023 NICOLEALBANO 30.00 440720 08/31/2023 JOHN DAVID HAYES 2,600.00 440721 08/31/2023 SUBSTANCE ABUSE COUNCIL OF IRC 2,691.00 440722 08/31/2023 SALAMANDER TECHNOLOGIES LLC 105.92 440723 08/31/2023 GARY C ALERTE JR 850.00 440724 08/31/2023 RS AMERICAS INC 2,076.03 440725 08/31/2023 BATES AIR & HEAT LLC 265.50 440726 08/31/2023 LF STAFFING SERVICES INC 3,624.57 440727 08/31/2023 FIONNA SMITH 1,417.00 440728 08/31/2023 PINES VILLAGE LLC 2,875.00 440729 08/31/2023 FLOOD IRRIGATION INC 3,506.42 440730 08/31/2023 GEARFACE LLC 366.04 440731 08/31/2023 LIAM T MCNALLY 360.00 440732 08/31/2023 DELANEYADKINS 60.00 440733 08/31/2023 MARK HAYNES 200.00 440734 08/31/2023 ARAMSCO, INC. 11,700.00 440735 08/31/2023 CENTRAL FLORIDA EXPRESSWAY AUTHORITY 9.66 440736 08/31/2023 KATHERINE L NALL 18.00 440737 08/31/2023 GOVBROS LLC 10,225.08 440738 08/31/2023 H2O INNOVATION USA INC 3,646.98 440739 08/31/2023 TREASURE COAST MANAGEMENT SPECIALISTS LLC 1,351.00 440740 08/31/2023 NOREGON SYSTEMS LLC 2,199.00 440741 08/31/2023 WRIGHT NATIONAL FLOOD INSURANCE COMPANY 19,775.00 440742 08/31/2023 MUSCO CORPORATION 3,800.00 440743 08/31/2023 IRC INVESTMENT MANAGEMENT GROUP LLC 500.00 Grand Total: 2,937,560.19 29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1020916 08/28/2023 AT&T CORP 5.29 1020917 08/28/2023 OFFICE DEPOT INC 1,131.48 1020918 08/28/2023 COMCAST 299.90 1020919 08/28/2023 WASTE MANAGEMENT INC OF FLORIDA 800.31 1020920 08/31/2023 GALLS LLC 349.49 1020921 08/31/2023 IRRIGATION CONSULTANTS UNLIMITED INC 646.54 1020922 08/31/2023 HILL MANUFACTURING CO INC 2,796.98 1020923 08/31/2023 SOUTHERN COMPUTER WAREHOUSE INC 391.17 1020924 08/31/2023 AUTO PARTNERS LLC 1,069.58 1020925 08/31/2023 HYDRA SERVICE (S) INC 99,555.00 1020926 08/31/2023 UNIFIRST CORPORATION 984.90 1020927 08/31/2023 GUARDIAN ALARM OF FLORIDA LLC 160.00 1020928 08/31/2023 EFE INC 18,017.07 1020929 08/31/2023 CARLON INC 780.00 Grand Total: 126,987.71 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10754 08/28/2023 INDIAN RIVER COUNTY SHERIFF 19,449.90 10755 08/28/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 38,599.45 10756 08/28/2023 MUTUAL OF OMAHA 25,099.72 10757 08/28/2023 VEROTOWN LLC 247,076.27 10758 08/28/2023 FIDELITY SECURITY LIFE INSURANCE COMPANY 4,886.82 10759 08/29/2023 IRC CHAMBER OF COMMERCE 27,541.18 10760 08/29/2023 CITY OF SEBASTIAN 34,819.66 10761 08/31/2023 KIMLEY HORN & ASSOC INC 72,953.19 10762 08/31/2023 KIMLEY HORN & ASSOC INC 7,090.85 10763 08/31/2023 TOWN OF INDIAN RIVER SHORES 8,423.98 10764 08/31/2023 VEROTOWN LLC 19,196.76 10765 08/31/2023 MAJESTY TITLE SERVICES, LLC 20,000.00 10766 08/31/2023 APTIM CORP 162,278.54 10767 08/31/2023 EDH HOLDINGS LLC 7,942.56 10768 08/31/2023 ALLSTATE 95.84 Grand Total: 695,454.72 31 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 ff Comptroller DATE: September 1, 2023 SUBJECT: Subrecipient Award Contracts 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) and the Senior Resource Association (SRA) are classified as grant subrecipients. On June 20, 2023, the Board approved Housing and Urban Development (HUD) grant renewals and subsequent amendment in the amount of $1,058,736. Per the requirements of the Uniform Grant Guidance, a subrecipient grant agreement must be approved with the TCHSC that encompasses these grants. The Board was awarded a Florida Department of Transportation Public Transit Block Grant and a Federal Transit Administration Section 5307 Grant. A subrecipient agreement must be approved with the SRA that encompasses these grants. Recommendation: Approve the Subrecipient Award agreements with the TCHSC and the SRA and execute any related documents. 32 Indian River County Grant Contract Subrecipient Award This Grant Contract ("Contract") entered into and effective this September 12, 2023, by and between Indian River County, a political subdivision of the State of Florida ("County"), 1801 27th Street, Vero Beach, FL 32960 and Treasure Coast Homeless Services Council, Inc. (TCHSC)("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 $1,058,736. 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. 33 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 $1,058,736. The amount of federal funds obligated under this Contract by the County to the Subrecipient is $1,058,736. The total amount of the Awards committed to the Subrecipient by the County is $1,058,736. The total amount of federal funds obligated to the Subrecipient by the County, including the current obligation is $1,058,736. The County agrees to reimburse the Subrecipient or Subrecipient's County approved designee from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs. Subrecipient is permitted to charge an indirect cost rate of 7% to the federal award. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs) 7. Additional Obligations of Subrecipient. 7.1 Records. The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws. The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. Subrecipient is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Subrecipient is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 7.3 Performance Reports. The Subrecipient shall submit cumulative, Performance Reports to the Comptroller Division 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. 34 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 or more 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 each year, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's Risk Manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit) (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 35 7.6 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. All such insurance shall provide a waiver of subrogation in favor of the County; and be primary and without contribution from the County or its insurance carrier. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate 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. 36 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 PUBLICRECORDS(&-IRCGOV.COM Indian River County Office of the County Attorney 1801 27t' Street Vero Beach, FL 32960 8. Termination. Termination in regards to F.S. 287.135: Subrecipient certifies that it and those related entities of SUBRECIPIENT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Subrecipient certifies that it and those related entities of Subrecipient as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. Owner may terminate this Contract if Subrecipient is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. Owner may terminate this Contract if Subrecipient, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Subrecipient if the County determines that such termination is in the public interest. 37 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 2711 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 S B CIPIENT: By \_w_, �` eo Agency Name: Treasure Coast Homeless Rayme les, Visionary Leader `` Services Council, Inc. 38 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 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 04/01/23-03/31/24 39 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 - RENTAL ASSISTANCE FL01191-41-1092215 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 - RENTAL ASSISTANCE FL04401-41-1092211 14.267 144,300 SUBTOTAL OF AWARDS $ 1,058,736 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 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 04/01/23-03/31/24 39 EXHIBIT B U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 6111 WASHINGTON, DC 20410-7000 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 $ ,'� ^'�6. $1,058,736 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 espanol.hud.gov 40 FL0113L4H092210 2022CoCWide TRA Renewal $118,992 FL01141,411092215 2022Alcohope Renewal $94,992 FL01191,411092215 2022 New Chronics Renewal $361,344 FL03381,411092209 2022 CoCwide TRA TWO $94,992 FL0360L4H092213 2022 Indian River Chronics $124,212 FL0380L4H092208 2022 Family Rental Assistance $119,904 .. . FL0440L4H092211 2022 New Horizons Two $144,300 Enclosure Amended - TCHSC is direct recipient Amended - TCHSC is direct recipient $1,058,736 Total Amount: Q' er12rs rrry 41 i e D.111ilepartment of Housing and Urban Development .- QlAce of Communiq Planning and Development 400 West Bay Street Suite 1015 z� Jille, FL 32202 GMt Number: FL01131L4H092210 Recipient's Name: Indian River County Board.ssfFouty C)Ommissioners Tax ID Number: 59-6000674 Unique Entity Identifier 1SAI : F83SLddZ3M . Federal Award Date: 6/15)= CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement C this Agreement")is made by and between, the United States Department of Housing and Urban Development ('1111M 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°soperation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (pub. L.117. 183,: M 154 2022) , 2. title IV of the McKicney-Vents► Homeless Assistance Act 42 U 9.C. 11301 et seq. (the "l Co ); 3. the Continuum of Care Program tide at 24 CPR part 578 "R,uW% as mended. from time to time; 4. and the Notice of Funding Oppoty 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, techakal submission documents, and any information or documentation required to meet defy grant award t oxt (ollectively, the "Application"). The Application is gated herein as part of this A6gre tient, except that only the projact (those projects) listed below are funded by this Agreement. In the event of any conflict between any application provision and any provis€ice contained in this Agreement, this Agreement shall control. Capitalized terms that are na dem in this agreement shall have the meanings given in tho Rule: HUD's total fitading obligation authorized by this grant agreement is $118,992, allocated between the project(s) listed below (each identified by a separate grant number) and, withi`q t wee projects, between budget line items, as shown below: 1 The went Funds an individual project will receive are as shown in the Application on the final HUD -approved S Budget for the:p+jc. . Recipient shall use the Grant Funds provided for the projects listed below, ding the budget penod(s) period stated below. www.hud.gov espanol.hud.gov Page I CPA Get Na . ..... ". `: Graat Term::: Performance Period ::: : .::. Total Amount ,FI:O1 13L4H09 Z1Q 12 months .09-014023 - 08.3M--2024 .. $118,992 W Continuum of Oi�re planriiiag activities :: . ' . '$0 ::.:.. b. Acquisition. $Q —-... c. Rehabilitation :.:. :':d New. construction: :... : ..6.: Leaaising= ;.... ..... ,. ... :$0 f' Rentalassistance g. Supportive services 'Operating-costs. "� 1' Homeless Management-ThformadWi'System::: ... SO • j.: Administrative-costs $t) ::..:. k..elocatioa Costs ::..:. :.::::$0,„.: 1. MC homelessness. prevention activities",: Housing relocation andstaliilization.services:,•: :°. ::: $rE1 . . . Short -term aiid b* ium-tern rerital.assistance:” ......... .. ` 0 :: :: wrrvintd.00v espanol.hud.gov .... ..... 43 ..... Pre-auirard Costs =for Continuum of dare Planning t.. The Reci ient_ma y at its own risk; incur re-award costs for .continuum of-care. lanni :.:.: P y� P _.. p g:.::. :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;... h: and c) do not exceed'10 percent:of the total funds obligated to this award. The incurrence: of pre-.. F: 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 allRecipients:: ... .... ..... E: Ifany 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:availability of annual appropriations::..:..: :The budget period: and performance. period of. renewal.projects funded by this: Agreement will. I begin immediately. at- the end: of the budget period and performance. period of the:grant :being s: 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 reimburse' with Grants Funds from this Agreement. No Grant 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.: k period of the transition prcject(s) will-begin immediately at the end of the Recipient's finalmoperating 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 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 HLTD.gov in the. appropriate: Fiscal Years' CoC Pro .. gram. Competition Funding Availability.page.Notwithstanding anything toahecontrary in the Application or this Agreement,.:.: :..:. Recipient may only use grant funds for HPC Homelessness-Preventioii:Activities if the Continuum::: :: # that designated the- Recipient to: apply for: the grant:was designated an HPC for the applicable fiscal: a year. . :.... .... ......: ....... ...... _ ..... ...... The Recipient must complete the attached "Indirect CostRate Schedule" and return it io k HUD with.this Agreement: The, Recipient must provide=HUD with a,revised schedule when any . ::. change is made to the rate(s) me.luded:in the schedule. The*:schedule and any:ievisions:HLTD receives from the; Recipient will be incorporated into and made part of this Agreement, -provided that each rate .included satisfies the applicable requirements udder 2 CFR part 200. (including appendices). ..M 'This Agreement shall remain in effect-until the earlier of•I) 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 ex � iration of the periodof availabili of Grant Funds for:all ro'ects'f inded under this A ement: ....: p p . tY: P J .... - . •Sre � • i " .. ... :: W0.4 W4PV espairoLhud.gov _. . !44 i. This agreement is hereby executed on behalf of the partioilso follows: UNITED STATES OF AMERICA, wry of Housing and Urban Development RECIPIENT Indian River Cory Board of (Name of Or miz�W) By. _ �df �13Si0IIET3. ase h . �� •r (Typed Name and Title of Authorized O itl) June 20. 2023 (Date) Approved as to form and legal sufficiency: B. ylan Rcingold, County Attorney Pages 46 �aPsr tL& Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Street Suite 1100 ..,... Jaefteaville, FL 322 ot Grant Numbw-.11 114L4H092215 Recipient's Name: Lsdian River County Dowd of Commissioners Tax 1D Number. $9-6000674 Unique Entity Ideot ler {SAM]: FB3$L3JZ3&10 Federal Award Date: 5/25/2023 CONTE4". OF CARE PROGRAM (CDFA# 14.267) GRANT AGii;,inUNT This Grant Agreement ("this Agreement" iMade by and between the United States � Department of Dousing and Urban Development ("HUD") and Indian River County Board of Commissioners (the "Recipient). This Agreement, the Recipient's use of fiindaided under this Agreement (the "Grant' or Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 117403 approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless AssistanceAct42 U.Q.C. 11301 et seq. (the "Ace 3. the Continuum of Care Program rule at 24 CFR part $39 (*a "R.utle % as amended from time to tithe; 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 conditk (ollectively, the "Application'). The Application is incorporated herein as part oythis 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 in the Rule. HUD's total funding obligation authorizedby 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 iw items, as shown below. The Graft Funds an individual project will receive are as shown in the Application on the final 11 -approved Summary Budget for the project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. www.hud.gov espanol.hud.gov Page t 4-8 .:. 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 49 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 50 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 51 52 f This agreement is hey executed on behalf of the parties -aa billows: i UNITED STATES OF AMERICA, Secretary of Housing and Urban Development Br. Lary Mayes, Director (Typed Name and Title) May 25; 2023 (Date) RECIPIENT Indian River C=tyBoard (Name of Organization) � a, �• -. , 3r. (Signa uth Josenh H. EarmarL Chairman '�•." (Typed Name and Title of Authorized {} 11cial) F June 202023 i Mate) Approved bN BCC: dune 20, 2023 ATT .Jefftey R. th, Clerk of Court and Comptroller By: Clerk. G Appmvd: Awed as to form and legal • iett<Cy: By By, d A. Ti it,, Com Dylan Reingold, County Attorney www.hud.gov espanol.hud.gov Page 5 52 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 53 U,O. Department of Housing and Urban Development Office of Community Planning and Development * t 400 West Bay Street Suite 1015 qtr Jacksonville, FL 32202 •,t t f..1 Grant Number: FLO1101AR092215 Recipient's Name: Indian River County Board of Counq +lv6mmissioners Tax ID Number: 59-6000674 Unique Entity 14k otifier [SAM]: FW$LJJ7,VR0 Federal Award Date: 6/14/2023 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRANT AGREEMENT This Grant Agreement ("d>tis Agreement")_ is tirade by and between the United States Department of Housing and Urban Development rHUD") and. Indian River County Board of Coustty Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds pvvided under this Agreement (the "Grant" or'Vrant Ful"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated Appropriations Act, 2022 (Pub. L. 11 T-10%. approved March 15, 2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 UAC. 1.1301v seq. (the "Ace"); 3. tate Continuum of Cam Program rule.at24 CFR part 57$ �(*e "Itnte") as amended from time to time, 4. and the Notice of Funding Opportunity for the furcal 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 infannation or documentation required to meet any grant award conte (coltentively, the "Application").. The Application is incorporated herein as part of this Agmement, except that only the project (those projects) listed blow 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 an not defimW in this agreement shall have the meanings given in the Rule. HUD's tothl funding obligation authorized by this grant a8mment is $161,344, allocated between the project(s) listed below (each identified by a separate geant 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 &0: .. 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. ww%k.hud.gov espanol.hud.gov Page 1 54 i :...:: :. Gram No.:: :: :: tTedi *' Perf6rinance Period ::: `"'. Gran _: Totat amount":::: FLO119IAH092215 12 months... 07-01-2,023 --06=30-2024 :'' .. ..... -$36 U44 I: : ..... a: Continuum of tare planning activities :. :$0 b.: Acquisiti�i $Q .:... c. Rehabilitatibn $Q d .e: Leaaiat :.. :0 :.:.: f. mental assistance$361,344 :: g• $upportive,services ..:: ..i}. Hornless ManagementTniormat�on:System ::; J.' Administrative.costs :...:. k. elocation•Gosts ...... •' .. .... .. !VC homelessness -prevention activities: Housing relocation and:stabilization services.: ; :..:.. ::..;. ..;:: SO Short *m and-iii:,edim tion rental assistance' ..... _ .... ..... w�ivrialwd.iciv: 2.. :... ..... ...... ... ....... .... =5 ..... Pre-award Costs:for Continuum of Care Planning The Recipient tray, at: its own risk; incur pre=award costs for .continuum of'care planning awards, after. the date of the HUD selection notioe And pribr:to the effective date. of this Agreeme.nt,.if such costs:. a) are consistent with 2 CFR 2.00.458; .and b) would beallowable asapost: award Cos t; 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 a11:Recipien&.' . �. . If any new projects funded under this Agreement are for project-based rental assistance fora term of fifteen-,(t S) years; .tlie 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 ofrenewal.projects funded by: this Agreement will- begin illbegin immediately.atthe end: ofthe budget period and performance: period of thegrant being renewed. Eligible costs incurred betweenahe end of Recipient's budget period and performance period under: the grant being renewed and the date:this Agreement is executed by bothparties may lie reimbursed with Grants Funds from this Agreement. No Grant Funds for renewal projects maybe drawn down by Recipient before the end date: of the project's budget period and performance period under.the grant that has been renewed. =: For any transition project funded under this: Agreement the budget period and performance period of the transition project(s) will mrii begin iediately 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 paid with funds .from the first operating year of this Agreement~ :_ .HUD designations of Continuums of Care as High-performing Communities (HPCS) are � published. onHUDgov 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:inade to the rate(s) included in.the schedule. The schedule and anyrevisions 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.lfud adv: espanol.hUdgov : > 3 ..... .... ..... • ' r U$. Department of Housing and Urban Development Office of Community Planning and Development 480 West Bay Street Suite 1415 Jacksonville, FL 32'34 '*4140*. Grant Number: FLg338L4H092209 Recipient's Nance: Indian River County d;AfCA%i* Commissioners Tax ID Number: 59-6000674 Unique Entity Identifier [SAMI: FB3$jjJ'Z3$1 Federal Award Date: 6/14/2023 CONTINUUM OF CARE FROG W(COPA# 14.2" GRANT AGftEEW T This Grant Agreement ("this Agreement'") is. made by and between the United States Department of Mousing and Urban Development (`°M!') and Indian River County Board of County Commissioners (the `Oeipient"). 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, 2 (Pub. L. 117403, approved March 15 2M); E 2. title IV of the McKinney -mento Homeless Assistance Act 42 U.S.C. t 1301 tt scq. (the "Act"); I 3. the Continuum of Cam Program rule at 24 CFR pram YM ( "RuWlw as amended fiam time to time; 4. and the Notice of Funding Opportunity for the fiscal ym in which the funds were awarded; and 5. the Recipient's application submissions on the basis ofwhich these Grant Funds were approved by HUD, including the certifications, assurances, technical submission documents, and any in%rmation or documentation re"ired to meet say gra award oonditim# (ndllectively, the "Application"). 4 The Application is incorporated herein -as of this Agreement, except that only the project (those projects) listed'below are funded by this Agreement. In the event of any conflict between my application provision and any provision contained in this Agreement, this Agreement shall control. Capitalized terms that are not defined in this agreement sail have the meanings given int the Rule. IUD's total fnmding obligation authorized by this grant agreement is "4,992, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget litre items, as shown below. The Grant Funds an individual project will i receive are as shown in the Application on the final HUD -approved Summary Budget for dW project. Recipient shall use the Grant Funds provided for the projects listed below, during the budget period(s) period stated below. wywv.hud.gov espanol.hud.gov Page 1 60 ..:. GMkkt N4L : • '• .. - ::: Grant Term ... Performanee Puled ° ... . ":' .:: Tofai FL;0338L4H092209 . :- :12 months-OM 12023 08=31-2024. .. $94,"2':- 94,992-: ft; ft: Continuum of Care planning actinides : $0 b. ;icquisitiiin $0 .... c. Rehabilitation =d New:constructie .... $0 :. e. ..... Leming .::- :.:_' . =: _ . -$0 . :. f : ... .: Rental assistance :.. :.: .. :.:$94,992 f g.- .. _ Supportive services ...... .... $0 i : Homeless Managementformatiai 3ystcm -oil f J.' Administrative costs $0 :.. k..:Rplocation-Costs :...:.: ::..:.. ..... ... ..... 1. HPC homelessness.prevention activities Housing relocation and �ataliilization services" - :50 t . ..... Short=-tem afid-medium:term rental=assistance: ..... .... ..... .... ... ..... .. ..... ...... .... ....... .. ... $0': .... .. ... .. .. ... .� .. ..... ... ..... .. " ... .. ..... ..... .... ..... ... ... ... .. .... ... .. .... ....... ....... ..... - ..... ..... wnivJwd p6v:: espanol.hud.gov .... ... :i �M►Z E:_ ..... Prei-award Costs for Continuum of Care Planning ...... .... The Recipient may, at its own risk, incur pre:-award costs for continuum of care plaiinuig ::awards, 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 :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 .o f 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 fora ..:: .term: of fifteen: (l ,) 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 maybe reimbursed-with. Grants funds from this Agreement. No Grant.Funds for renewal projects maybe drawn down byRecipient before the End date: of the proj:ect'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- eno of the transition ro'ect s will.be in immediately.at the end of the Recipient s final operating P..: P j. .(.� g year under the grant being transitioned. Eligible costs, as defined by. the Act and the Rule= incurred:: - between the end of-Recipienfs final operating year under the grant being transitioned and the 1 ' 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' CoC Pro gram. Cbnnpetition-Funding Availability page. ::Notwithstanding anything toahecontrary in the Application or this Agreement,. Recipient may only use grant funds fdr-H-*PC 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 iii the schedule. The schedule and any:revisions HUD receive$ f 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 effectuntil the-earlier of l.) written agreement by the_parties; s- .: 2) by. HUD alone; acting.under the authority. of 24 CFR 578.107; 3) upon expiration of the budget period=and performance period forall projects funded .under this Agreement; or 4) upon the ::expiration of the eriod of avaiiabili of Grant Funds for idl ro'ects 1inded under this A Bement: .... p: �' P j wnvw.6ud. Prue•; �-• k' ... .. .. :f2 Approved as to form and legal sufficiency: By, Reingold, Cou* Attormy Page 5 64 Indirect Cod 3ftednle t gar U.S►. Department of Housing and Urban Development yd Office of Community Planning and Development t 400 West Bay Street Suite 1015 JacksonAlk, FL V2K �'�� Ott •'�`• � Grant Number: FLO3601AH092213 Recipient's Name: Indian River County Board!0t* alty C6104issioners Tax ID Number: 59-6000674 Unique Entity Identifier [SAM]: F83SLJJZ3W Federal Award Date: 6/14/2023 CONTRMA1 flF CARE PROGR; (CSA# 141 GRANT A REEMVff This Grant Agreement ("this Agreement') isnumle by and between the United States Department of Housing and Urban Development (*U and Indian River County Board of County Commissioners (the "Recipient"). This Agreement, R cipient's use of funds provided under this Agreement (the "Grant" or' fG mut Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by 1. The Consolidated. Appropriations Act, 2022 L. t 17-403, approved March 1.5,2022); 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.&.C.11301 et sect. ( "A 3. -the Continuum of -Cam Program rule at 24 CFR pot $78 "Ra k"), as amended from time to titre; 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 %16f rmat on or documentation requited to meet any grant award condign (collectively, the " Applicatiot "). The Application is incorporated herein as part of this AgreemetA, 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 prownu l eantained in this Agmement, this Agreement shall control: Capitalized terns that are not defined in tltis'agreement s have the meanings given ia:ti Rule. HUD's total funding obligation authorize l'by this grant agreement is $124,212, allocoWd 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 individualproject will receive ate as shown in the Application on the f ti_lUD-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 espenot.hud.gov Page i 66 ::.... .... €. C Gfan NO. ..: Grunt Tem::: P iiitihance Period : ::: 'rpt M30"11-111 213 :::: 12 months 06 -01 -AM 03-31.2024 ; : $124,212 m Continuum of Ciro planning activities b.:cquisitioi SO'....: C.: Rehabilitation SO di New: i*straction e�: Lsu .. :SO � ,. f Rental assistance :.. :' :...:.: :..... ... g. Supportive. services ....... :h, Operatyngcosts.. S0 i i': Homeless ManagementTaforma#ouSyst j.: Administrative -costs .:$0 k,. Relocation'Gosts _ :....: SO :.... 1. HPC homelessness iteven*4 activities Housing relocation and:stabilizatioin.services-.: ;' 30 Short term and medium-te rental'assistand&,Al r ... .. _ s - .. - ..... ...._ . ..... ... ... .... ..... �t ....... :. •.. .... .... .- ..... ..... .....•. ... ....... .Ij:.. ... .... Pre -award Costs for Continuum of. Care Planning "' The Recipient rnay, at its own risk, incur pre=award costs for continuum of -care: planning awards, after the date of the HUD selection notiee:and prior to the effective date. of this Agreement,.if such costs:. a) are consistentwith 2 CFR 200.45.8; .and b) would be allowable: as:a post -award cost;.:: and c) do. -not exceed a0 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 mountanticipated 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 0 5) years, the funding provided under this Agreement'is for the performance: period 1 :.: stated -herein only. Additional funding is subject to the:availabiility 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 = ::. f renewed: Eligible costs incurred between the end- Recipient's budget period'andperformance -•:: •:•:;- eriod under the ant being renewed and the date:this Agreement is executed b both arties ma be . P gT g �'... Y P.... y... reimbursed with Grants Funds from this Agreement. No Grant.Funds for renewal projects maybe drawn down by Recipient before the :end date. of the project's budget period and performance period .... . under.the grant that has been renewed. :. For any transition project funded under this: Agreement the budget period and performance. period of the transition project(s) will: begin immediately at the end of the Recipient's final operating } year under -the grant being transitioned.. Eligible costs, as defined by. the Act and the Rule:incursed 7 between the end of Recipient's final operating year under the grant being transitioned and the ` execution of flus 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.appropriAtp Fiscal Years' CoC Program. Conipetitio' Funding I Availability. page. Notwithstanding anything tothecontrary.in the Application or this Agreement,.:. :. 1 Recipient may only use grant funds for HPC Homelessness. Prevention:ActWities if the Continuum::: that designated the. Recipient -to apply for the grant was designated an IUPC for the applicable fiscal:. year.:.:. The Recipient must complete the attached "Indirect Cost:Rate Schedule" and return it:to E ' HUD with this Agreement.: The, Recipient must provide HUD with a,revised schedule when any :'change is made to the ra s . included in the schedule. The schedule and any: revisions IUD receives from the Recipient will be incorporated into and made partof 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 thevarlier, 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 E period and perfrnmance period for. all projects funded .under this Agreement; or 4) upon the - I :expiration of the period of availability. of Grant Funds for .91 projects funded under" Agreement.' wi�►iv httd.,dv:. :. PW3 ..... This agreement is hereby executed on behalfaf the parties as follows: UNITED STATES OF AMERICA, Secretary of Housing and UrbanDevt%p=dW U.& Department of Housing and Urban Development Office of Community Planning and Development # 400 West Bay Street *# � Suite 1015 Jacksonville, FL 32M Grant Number: FL038O 4H092208 Recipient's Name: Iridian River County Beard a►(VAwi* Cin Tax ID Number: 594000674 Unique Entity Identifier [SAM): FWSLJJZ3810 Federal Award Daty 6/1412023 CONTiINUUM ©F CARR PROGRA (CDFA# 14167) GRANT AGRl 1IEW This Grant Agreement "this Agreement")." by and between the United States Department of Housing and Urban Development ("HUD) and Indian River County Board of County Commissioners (the "Recipient"). 'phis 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 Appropriation Act, :2022 (Pub. L. 117-103, approved March 15, t 2. title IV of the McKinney -Venin Homeless Assistance Act 42 U S.C: 11301 et seq. (the "Acts'); 3. the Continuum ofCare Program raffle at 24 CFR pant $78 (mss"Rade"), as amended ftm time to time; 4. and the Notice of Funding Opportunity for the fiscal yew 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 t+cilectit+ely,the "ApPlicati. The Application is incorporated herein as part of this Agreement, except that only the preject (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 .Agreemen4 this Agreement shall control. Capitalized terms that are: not defined in this agmenlient sWO bag the meanings given in the Rule. HUD's total fiuxMg obligation authorized by d grant agreement is $119,904, allocated between the project(s) listed below (each identified by a aaparate grant number) and, within those projects between budget line items, as shown below. Mia, Grant Funds an individual project will receive are as shown in the Application on the final. HUI),a►rovexl Summary Budget for the erect, Recipient shall use the Grant Funds provided for the projects listed below, during the budSet period(s) period stated below. www.hud.gov espanol.hud.gov Page 1 72 . .. .... .... .... .... ... Graaf No.: •..... Grant Term::. Performance Poriod .''. _.. : Totat.A nount•:... ;FL;0380L4Ha92208 _ .12 months -OM 1-2023 - 0&312024 $119,904 Conttma�m of Care pla** activities SO b.icquisition : - $0 c.: Rehabilitation - $0 :: d New: coustrtuOor� $0 ;. f- Rental assistance :.:.: :::: :.: $:119,9(4:. g. Supportive.services .:: : $0.::, 1L Operating costs. :.:. . $0 f :• i.. Homeless Managemenffb#)rmaja Cyst -j.: Administrative costs :.S0 :.::. 1L.: Relocation. Costs . $0 1. HPC homelessness pieventton activities::•: Housing relocation and stibilization services.:: . si�rt.e and,inediu6&-teilmrental-assistance: SO ..... :.... :. . .. ..: .. ..... i. •• .. ....: ..... .. < � I ..... ..... ..... ......: Pre-award Costs for Continuum of Care Planning The Reci ientma at-its-own ris incur re-award costs for continuum of care planning. .. P Y�� � p P g:... . : 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 finds obligated to this award. The incurrence of pre-. i .. 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 allRecipients:: :• :- If'any new projects funded under this Agreement' are for protect-based rental assistance fora term: of fifteen: (15) years, .the funding provided under:.this Agreement is for :the Performance: Period I :... stated-herein only. Additional fimdimg is subject to the':availability of annual appropriations.:..:.: ..... :The budget period and performance period ofrenewal.projects funded by this Agreement will begin immediatelyat- 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 undet the grant being renewed and the date chis Agreement is executed by both parties maybe: reimbursedwith Grants Funds from this Agreement. No Grant Funds: for renewal projectsmay be - s 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: Agreementthe budget period and performance- pend of the transition project(s) will begin immediately.at the end of the Recipient's finatoperatin - 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 iii the appropriate.Fiscal.Years' CoC Piogram CoinpetitionTunding .... : Availability, pa e. ::Notwithstanding anything to-the contrary 'azy in the Application or this Agreement,-:.: .....� Recipient may only use grant fiinds 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 i= 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 partof this Agreement, provided that each rate included satisfies thapplicablexequi e rements 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. ... .... wrlwd.,ov eipoud,�ov:. PyF3 :74 RECIPIENT Indian River County (Name of Organization) jus , n n. carman %, irman _ : •.•. ('typed Name and Title of Authorized Official) June 20, 2023 (Date) Approved by BCC: June 20, 2023 ATT :. Jeffrey R Smitt,. Clerk of Covet and Comptroller By: De ty lerk Approved: By,r 'A. Ti Jr., County AdmmbbaW www.hud.gov espanol.hud.gov Approved as to form and legal sufficiency: yII T R gold, County Attorney Page 5 76 :'::: Indirect Cost Schedule:: �tAtwr ,ems U.$s Department of Housing and Urban Development Office of Community Planning and Development 400 West Bay Stree4 E * Suite 1815 Jacksonville, FL 3 Grant Number: FL04401,4HO92211 Recipient's Name: Indian River County Bim. of Commissioners Tax ID Number: 594000674 tin i q ue Entity identifier [SAMJ FB3SLJ42i3$0 Federal .Award Date: 5/2512023 CONTINUUM OF CARE PROGRAM (CDFA# 14.267) GRAN AGREEMENT This Grant Agreement ("this Agreement- is made by and between the United States Department of Housing and Urban Development eliUD—) and Indian River County Board of Commissioners (the "Recipient"). This Agreement, the Recipient's use of funds provided under this Agreement (the "Grant" or ".gym Funds"), and the Recipient's operation of projects assisted with Grant Funds are governed by j - s 1. The Consolidated Appropriations Act, 2422 (Pub. L. 117-103, approved March 15, ); i 2. title IV of the McKinney-Vento Homeless Assistance Act 42 U.S.C. 11301 at seq. (the "Acngj 3. the Continuum of Care Program rule at 24 CFR part 578 (*v "Rule"), as amended from time to time; 4. and the Notice of Funding. Opportunity for the fiscal year in which the funds were awarded; and 3. 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 conditions (hectively, 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 in the Rule. HUD's total funding obligation authorized by this gmnt agreement is $144,300, allocated between the project(s) listed below (each identified by a separate grant number) and, within those projects, between budget line items, as shown below. The Grant Funds an individual project will receive are as shown in the Application on the !tel 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.hudgov Page i 6-11 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 79 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 80 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 81 This agreement ishereby ereby executed on behalf of the patties as follows; UNITED STA'P'ES OF AMERICA, Secretary of Housint and Urban Development Lamy Hayes, Director CTyped Name and Titled 0 May 25, 2023 (Date) E RECIPIENT Indian River COM Boamd of QgMaCommissiMM (Name of Wim) CSB r (Si ;I Nw, Joseph H. Earm Chairman (Typed Name and Title of Authorized Officials June 20, 2023 (Date) i Amraved by BCC: June 20, 2023. ATT , : Jeffrey R. Smith, Clerk of Court and Compo lle ,did {tY & ._. _. 1 i Approved: - Approved as to hm aW kod B Br By: J A. d -Jr, CmityAdn"bWor D teiatga►ld, amity Alsorney **w.hud Fw OLkW MOV - :. ... pop; r : ti E _ t 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 AIlocation 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 83 EXHIBIT C [From policy adopted by Indian River County Board Of County Commissioners on February 19, 20021 "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 Comptroller Division 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." RE EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment: This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 85 Indian River County Grant Contract Subrecipient Award This Grant Contract entered into and effective this September 12, 2023, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach FL, 32960 (County) and Senior Resource Association (SRA - Subrecipient), 694 14th Street, Vero Beach, FL, 32960, for providing and administering mass transit service for Indian River County. Background Recitals A. The County received grants (see attached list) - Exhibit A (Award) from the Federal Transit Administration (FTA) and the Florida Department of Transportation (FDOT) on the Award Date listed in Exhibit A. B. The Award is for planning, acquisition, construction, improvement and operating costs of facilities, equipment, and capital maintenance items used in public transportation. C. The Federal Award Identification Number ("FAIN") for the Award, if applicable, is listed in Exhibit A. D. The Assistance Listing Number (ALN) and Catalog of State Finance Assistance Number (CSFA) for the Award, if applicable, is listed in Exhibit A. The total dollar amount made available under the Award is $4,415,080. E. The indirect cost rate for the Award, including if the de minimis rate is charged, per federal regulations is based upon the County approved indirect cost allocation plan. F. The Subrecipient, by submitting a proposal to the County, has applied for a grant of money (Grant) for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. G. The County has agreed to provide such Grant funds to the Subrecipient for the Grant Period (as such term is hereinafter defined) on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals: The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant: The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Subrecipient and incorporated herein by this reference (Exhibit B). 3. Research and Development: The award under this Contract is not for research activities, both basic and applied, and all development activities that are performed by non -Federal entities. The term research also includes activities involving the training of individuals in research techniques where such activities utilize the same facilities as other research and development activities and where such activities are not included in the instruction function. 86 4. Term: The Subrecipient acknowledges and agrees that the Grant is limited to the fiscal year(s) listed in Exhibit A (Grant Period). Grant Funds and Payment: The approved Grant for the Grant Period is $4,415,080. (Exhibit A). The amount of federal funds obligated under this Contract by the County to the Subrecipient is $3,804,712 (Exhibit A). The County agrees to reimburse the Subrecipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "C" attached hereto and incorporated herein by this reference. All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 6. Indirect costs: Subrecipient is permitted to charge an indirect cost rate of 0% to the federal award because indirect costs are charged directly through an approved indirect cost allocation plan. (The rate shall be based on either the County's federally negotiated indirect cost rate or, if no such rate has been obtained, a fixed rate of 10% of modified total direct costs). 7. Additional Obligations of Subrecipient. 7.1 Records: The Subrecipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Subrecipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County and its auditors shall have access to all books, records, documents and financial statements as required by the County to meet federal requirements or by this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 7.2 Compliance with Laws: The Subrecipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations, including Title 2 US Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance), Florida Statutes, Chapter 10.550, Rules of the Auditor General, and the terms and conditions of the Award. Subrecipient is registered with and will use the Department of Homeland Security's E - Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Subrecipient is also responsible for obtaining proof of E -Verify registration and utilization, in the form of an affidavit, for all subcontractors. 7.3 Quarterly Performance Reports: The Subrecipient shall submit quarterly, cumulative, Performance Reports to the Metropolitan Planning Organization Department of the County within thirty (30) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to grant expenses and other statistics as required by the grant during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 87 7.4 Audit Requirements: If Subrecipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Subrecipient is required to have an audit completed by an independent certified public accountant at the end of the Subrecipient's fiscal year. Within 180 days of the end of the Subrecipient's fiscal year, the Subrecipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Subrecipient agrees to notify the County prior to any change in the fiscal period of Subrecipient. The Subrecipient acknowledges that the County may deny funding to any Subrecipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted within the 180 day period. 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. If Subrecipient expends $750,000 or more 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 each year, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Best, subject to approval by Indian River County's Risk Manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non - owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit); and (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 88 7.6 Insurance Administration: The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. All such insurance shall provide a waiver of subrogation in favor of the County; and be primary and without contribution from the County or its insurance carrier. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Subrecipient agrees that it is the Subrecipient's sole responsibility to coordinate 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. 89 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 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. IF THE SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772)226-1424 PUBLICRECORDS(&_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. 90 9. Notice and Contact Information: Except as otherwise provided in this Contract, any notice required pursuant to this Contract from either party to the other party must be in writing and sent by certified mail, return receipt requested, or by personal delivery with receipt. For purposes of all notices, the representatives of the County and Subrecipient are: County: Kristin Daniels, Budget Director Indian River County 1801 27th Street - Building A Vero Beach, FL 32960 Subrecipient: Karen Deigl, President/CEO Senior Resource Association 694 14th Street Vero Beach, FL 32960 10. Availability of Funds: The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11. Standard Terms: This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 12. Sovereign Immunity: Nothing herein shall constitute a waiver of the County's sovereign immunity. IN WITNESS WHEREOF, County and Subrecipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Commissioner Joseph H. Earman, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court & Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator SUBRECIPIENT: Bv: Karen Deigl, President/CEO Approved as to form and legal sufficiency: William K. DeBraal, County Attorney Agency Name: Senior Resource Association 91 Indian River County BOCC SRA Related Grants Description/Grant Name State Grants: FDOT Public Transportation Block Grant Total State Grants Federal Grants: FTA Section 5307 Grant Total Federal Grants Total of All Awards State Award ID CSFA Federal Award ID ALN Amount G2F87 55.010 $ 610,368 610,368 FL -2022-055-00 20.507 3,804,712 3,804,712 $ 4,415,080 EXHIBIT A Award Date Grant Period 01/17/23 01/17/2023-06/30/2026 09/16/22 09/19/2022-03/30/2031 92 EFM1"M V. WW#73• C $00# 4A169D2B - - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATiO1 PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBIT B Form 125-00041 STRATEGIC DEVELOPUM oacese TzT17 2� pj�l ? pORTATION GRANT AGREEMENT ("Agreement") is entered W 8':. 15T and between the State of Florida, Department of Transportation, a ('Agency"), The Department and the Agency are sometimes referred to in this Agreement as &'Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341 052. Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in providing Block Grant funding for operating assistance to Indian River County BOCC for its urbanized area public transportatiot n, as further described in Exhibit "A", Project Description an 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: ;?C Exhibit A. Project Description and Responsibilities Exhibit S: Schedule of Financial Assistance _ *Exhibit 131: Deferred Reimbursement Financial Provisions "Exhibit 62 Advance Payment Financial Provisions *Exhibit 83: Aitemative Advanced Pay {Transit Bus Program) "Exhlbit C: Terms and Conditions of Construction Exhibit D: Agency Resolution Exhibit E: Program Specific Terms and Conditions �! Exhibit F: Contract Payment Regairemertts DocuSign Envelope ID: 56861973-E58E�4,1111,11^0-B1CF4A169D2B STATE Of FLORIDA DEPARTMENT OF TRANSPORTATION form 725-000-01 PUBLIC TRANSPORTATION CESTRATEGIC VELOPMENT GRANT AGREEMENT Occ 07122 X G: Audit Requirements for Awards Of State Financial Assistance _ *ECH' Audit Requirements for Awards of Federal Financial Assistance _ *ExWd 1: 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 stall commence upon full execution by both Parties ("Effective Date") and continue through June 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 term'nation 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 as 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 oNyfor 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-ef-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. Page 2 of 2, 94. DocuSign Envelope 1D: 56851973-E58E4AEC-A8C0-W""`1: 4A 169D2H ,Mk STATE OF FLORIDA DEPARTMENT OF TRANSPOR T A71ON fam 725-006.01 PUBLIC TRANSPORTATION STRATEGT DEVELOPMENT GRANT AGREEMENT oGco7122 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 !. P Cost: a. The estimated tota� cost of the Project is 51.220.736. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and d,stribuUon 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 10 368 and, the Department's participation In the Protect shall not exceed 50 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 allowabW 69slIi ivagW4111111111 described in Exhibit "A", Project Description and Responsibilities, and go W f tft N1 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. Invo,ces shall be submitted no more often plan monthty 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 recevec and accepted in writing by the Agency and must also establish that the required minimum standards or levet of service to be performed based on the Critena 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 "IF", Contract Payment Requirements e. Travel Expenses. The selected provision below is controlling rega-dirg travel expenses' X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's I P"S3 Qi 95.1 DocuSign Envelope ID. 56861973-E58E-4AEC 0-B1CF4A169D2B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07122 Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes and the most current version of the Department's Disbursement Handbook for Employees and Managers. f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chef 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 2C 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 tie as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, In addition to the invoice amount, to #e Agency. Interest penalties of iess 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 arettacked separately. Records of costs incurred under the terms of this Aereement 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 recon& of the Contractor and sudcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the -Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request.. as to the status of the Project and of details thereof Page 4 of 24 96 DocuSign Envelope ID: 56861973-E58E-4AEC-A8CO-Po*-4Al69D2B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fon" 725-DOMI PUBLIC TRANSPORTATION STRATEGIC OEVELOPMEHT GRANT AGREEMENT OGcor122 j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. 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 tlrltlt it has with the Agency owing such ate6utt #,epon written demand, payment of the amount is not made within 60 days to the D - Offsetting any amount pursuant to this pirlpraph shall not be considered a bre"61`i1W1111111W by the Department I. Final invoice. The Agency must submilt the final invaim on the P 9 �Y rojW.19D the Departrrmt within 120 days after the completion of the Project. InvQlir+es submitted :#* 120 -daytime period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and 0011gation 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 frorn the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available n. Limits on Contracts Exceeding $26,000 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: I -The Ogwitnerk during arty fiscal yw eltetH rpt ell ""W, Incur any iiablilly, orenterinto any contract whirl, by 1111111 *111111-111S, involves the expenditure of money in excess of the amounts budgdbd 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 epl made shall be executory only for the value of the services to be rendered or agreed to be paid for in suoceeft fiscal years; and this paragraph shall be incorporated verbatim in all owdreos of the Department which are for an amount in excess of $25j000 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 expender 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" dowlinimnWilon or certifications, mandatory or otherwise permitted, that the Agency files shd 1W vanititute a waiver of the Department's rights as the funding agency to verify all InfirMeWn at a later date by audit or investigation p. 11,60040gible Costs. In determining the amount of the payment, the Department will exclude eff 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 I i 97 _; DocuSign Envelope ID 56861973-E58E-4AE(O "-o-B1CF4A169D28 STATE Or FLORIDA DEPARTMENT OF TRANSPORTATION Farts 72"00-01 PUBLIC TRANSOORTATION STRATEGIC DEVELOPMENT GRAWAGNEWNT occ 07122 Description and Responsibilities. and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in carting 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 Pro ect 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 i. Require the construction work of the Project that ;s on the Department's right-of-way to be performed by a Department prequaiified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project *J#*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 provmon applies: Use of Agency Workforce. In the event the Agency proceeds wilt any phase of the Project utilizing its own forces the Agency will only be re mbursed for direct -costs (this excludes general overhead). e. V this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one).- i. ne):i. ^ Agency has selecfed1ot allitnimbursenent from the Departmenitbraetual indirect expenses (no rate). ii. _ Agency has selected to apply a de minimus rate of 104A 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 indiredtt * rift. A, federally approved rate agreement or indirect cost allocation plan (111'M) firlII0 be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and recuire its contractors and subcontractors to compy with all terms .98 DocuSign Envelope ID 56861973-E58E-4AEC-A8CO-PON4AISOM $:ATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION srRarEcl DEVELOPMEkT GRANT AGREEMENT OCC 07122 and Gond tions of this Agreement and all federal, state, and Iota! laws and regulations applicahie to this Projec? 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 fait additional work. 12. Contracts of the Agency: a. 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 Partes hereto that participation by the Departm8tlt in a project with the Agency, where said project involves the purchase of commodities or oWtractual 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 M.W7, 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 rf 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 ON 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 i . I Pair T at Zai : DocuSign Envelope ID 56861973-E58E-4AE 1GF4A189M /0*11' STAiMt #L6We*4WARTMENT OF TRANSPORTATION Form 71S-041 j i'FkANSPORTATIONSTRATE01c DEVELOPMENT SMAW AGREEMENT OOC Q?r12 wid subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after Cemplet on of the Project for all improvements constructed or commodities acquired as part of ft 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'iransfer 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. L The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. i IL The proportional amount shall be determined on the basis of the ra a*ft. { Department funding of the development or acquisition of the property rill4il lied !I against the sale amount, and shall be remitted to the Department withIn fif *ty (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal crpublic 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 -0,10h considerations, reimbursement to the Department shall include a penal amount based on the value/ of the non-cash considerations. c. The terms of provisions *a* and `b' above shall survive the termination ofAM Agrastxmw. i. The terms shall remainin:*$I force and effect throughout the useful life off`elcilities 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 illiflow koil r ith respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to** 1. Agency by this Agreement may be subject to audits and/or monitoring by the Department. The followlry I requirements do neat".the authority of the Departmenttselerarrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any sfslte { agency inspector general, the State of Florida Auditor General, or any other state official. The Agency. is comply with all audit and audit reporting requirements as specified below. i Federal Funded: i i a. In addition to reviews of audits conducted in accordance with 2 CFR f tip V: Audit Requirements, monitoring procedures may include but not be Iimillli10 by , r i i Page 8 of 24 100 DocuSign Envelope ID 56861973-E58E-4AEC-A8CO-F 4At69D2B - STATE OF FL.OPoDA DE'ARTMENT OF TRANSPORTATION Form 726-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07122 Department staff and/or other procedures, including reviewing any required performance and f riancial reports, following up. ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO, or State of Florida Auditor Genera. 4 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 i. 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 F*t 200, Subpart F Audit Requirements In determining Federal awards expended in a fiscal year, the Agency must consider all sources o` Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200.. Subpart F - Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fuIfill 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 byl 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 FDOTS ingleAudit(d-)dot.state flus 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 th,eshold 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 *OM 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 httpsJ/harvester. census qov/facwebt 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 morths after the end of the audit period. The FAC is the repository of record for audits required by 2 GFR Part 200, Subpart F - Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to F SirtaieAAt dot.state.fl.us within the earlier of 30 calendar days after receipt RW 0 i ruditoes report(s) or nine months atter the end of the audit period as required by, 20M Part 200, Subpart F--� Audit Requirements. Page 9 of 24 101 Form 725-000-01 STRATEGIC OEVELOF'MW OGC 07122 v, Within six months of acceptance of the audit report by thee; the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an 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; Wholly or partly suspend or terminate the Federal award; 4L Initiate suspension or debarment proceedings as authorized under 2 C.F-A., Part 180 and Federal awarding agency regulations (or in the case Of t Department, recommend such a proceeding be initiated by the F awarding agency); 5. Withhold further Federal awards for the Project or program, 6. Take other remedWilI 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 auditors 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. VS. The Department's contact information for requirements under this part is as follows OflteofC&nptroller MS 24 W5 Suwannee Street Tallahassee. Florida 32399-0450 FDOTSingleA WMP State Funded: 1 a. In addition to reviews of audits conducted in aCcordBncewith Section 215.07, 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 ' Departs 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 (1JFS), or State of Florida Auditor General. b. The Agency, a "nonstate entry" as>> fts Wion 215.97, llatutes, as a recipient of state financial assistance awardrlti!>ty=r,1ent throe -&-#t Agreement, is subject to the following requirements' DocuSign Envelope ID: 56861973-E58E-4AEC-A8C0- 4A169D2F" STATE OF Ft ORIDA DEPARTMENT OF TPANSPOR 1AIION Fonn 72"0041 PUBLIC TRANSPORTATION sTrE IC N DEYEtOPMENT GRANT AGREEMENT occ 07122 i. 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 Sectlon.215,97, Florida Statutes; applicable rules of the Department of Financial Serves; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and 'W -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 ent ties State financial assistance Coes not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 216.97.j8.), 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 FDOTSing;eAuditpdot.state flus no later than nine morths 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 21.5.97, 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 (1A, 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 (profit wW fW-profit organization4..Rutes 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 Strut Tallahassee, Ftp 32399-x405 F DOTSingIeAudit§dot state. fl_ us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localaovtaaud state flus V. Any copies of financial reporting packages, reports, or other information required to be submitted to. Department shall be submitted timely in accordance with Section 215,97, Florida Statutes, and Chapters 10.550 (local governmental entities) or '161850 (nonprofit and for-profit organizations), Rules of the Auditor General, as Page 1 ^ of 24 103 i DocuSign Envelope ID 56861973-E58E-4AEOO*"CO-B1CF4AI STATE OF FLORIDA DEPARTMENT OF TRA"WORTATION Fo- 725-000-01 PUBLIC TRANSPORTATIONOESTRATEGIC ]DEVELOPMENT G RANT AwtWoWM! occ 07122 applicable Vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10,550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including-avective 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 corABaction 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. 15. 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 rot transact business with any public entity b1oMess of the threshold amount provided in Section 287.017, Florida Statutes, for CATE0,0" TM for a period of 36 months from the date of bOV 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 DocuSign Envelope ID: 56861973-E58E-4AEC A8C(- 4A169D28 "'MN STATE OF FLORIDA DEPARTMENT OF TRANSPORIAT ON Forth 726.006-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT oGc 07122 c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, orhow, Anther 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 cortract with the Agency 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; fida 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 unilatera 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 ;s to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 2MLOW, Florida Statutes g. E -Verify. The Agency shall: I. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract, and N. 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. Purstiot to Governor's Executive Order 20-44,:N the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named fn»1WUt* the Department must form a sole -source, public-private agreement; or #WW9h contain$ r 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 om 800, delailbV*040WOoMensatior. 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, ttt * 1pny 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 exect*ft leadership compensation received t.**M 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.fi.us within 180 days following the end of each tax year of the Agency receiving Departtrefunding. 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: Page 13 of 24 105 D*&Alliph0.$MT073-E58E-4AE'-" CO-EtCF4A169D2B STATE OF FIOMDA DEPARTMENT OF TRANSPORTAnON Fonn 725-000-01 PUBLIC TRANSPORTATION DESTRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 07122 a. It is specifically agreed between the Parties executing this Agreement that it is not intended by ary 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 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 termiration 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 misconduotdthe contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination ofthis Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or 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. Suds 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 t5H"a+9t available iimWmnce and shall not be more restrictive gent 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 policylies 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 PsW 1a pfaA. 106 i DocuSlgn Envelope ID 56861973-E58E-4AEC-A8C0-Po*'�:4A169D2B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEYElOPMENTNT GRANT AGREEMENT Occ 07/22 the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods ~00Wr tior 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 policylies, 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 iniury 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 policylies 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 policylies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and ma ntain 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 policylies 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 suchbreach or default shall exist, shall in no way impair or prejudice any right or remedy availabletothilDepartment with respectto 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 Departments The Agency and the Department agree that the Agency, its employees, contractors, subdontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. DocuSign Envelope ID 56861973-E58E-4AE—'CG-BiCF4A169D2B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000.01 PUBLIC TRANSPORTATION srRATECIT DEVELOPMENT GRANT AGREEMENT occe7122 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 contravention of any applicable state law If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement A facsimile or electronic transmission of this Agreement with a signatu,e 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 20.0W, 5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with SOC116111 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. d by A4BNCY Wan River County 5Q:EjP StAt� OF Ft�tR"lr, PEPARTM ENT OF TRANSPORTATION W� �Urwwl [[ ame-_Steven R, ME ran r r t I11M1Y ie,1e, 1lQ Tjtle -Director of Transportation Development Too. Chairman TTATE Fl:CtRI€ ,pEPARTMENT TRANSPORTATION At �d^by aIV �_, Pz, ;?a;tii, , TY ATTO .sed R 4 t3letlli at _Ur i�oe+d Enid alt+p4+�i�ir w ' Page 16 of 24 108. DocuSign Envelope ID: 56861973-E58E-4AEC-A8CO-PO%F4A16902B �PUKX��Fw.wlw,i ,:+�gR�?�%�A�7�iM Form TaS-0P4.Oi of STRATEGIC +A DEVELOPMENT emliff A@N ' EXHIBiT8 OAC °g'`' EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provice context, description of project components funded via this Agreement (if not the entire project)). providing Block Grant funding for operating assistance to Indian River County BOCC for its urbanized area public transportation B. Project Location (limits, city, County, map)- Indian River County BOCC/Vft 96SM, FUlndian River C. Project Scope (allow" caft dwribe projeci components, improvement typelronrice, type, approximate timeline, project schedule, project sem) f i 1) Refer to Exhibit E and Exhibit F of PTEA. 2) Comply with Transparency Act, where applicable. 3) Recipients providing fixed -route service can seg,egate urbanized and non -urbanized miles based on route maps and allocate system -wide costs accordingly Drivers' logs can be maintained to segregate mileage or hours inside and outside the urbanized area 4) Certification verifying adoption of a System Safety Program Plan. Sj Quarterly reports submitted with invoices. 6) Submit invoice every three (3) months, at minimum. 7) A copy of the most recent active CTC agreement. D. Deliverable(s): 1) Submit a copy of the National Transit Data Base (Section 5335) report submitted to FTA or FTA acknowledgement letter as soon as available. 2) Submit for approval the performance measure identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 each year as identified below Passenger Trips Revenue Miles Total Operating Revenue Operating Revenue Vehicles Operating in Maximum Service Base Fare Revenue Miles Between Vehicle Systems Failures Days/Hours Service is Available DocuSign Envelope ID: 56861913-E58E-4A 1CF4A"W2B " STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Operating Expense per Passenger Trip i E Forth 725 -DDD -02 STRATEGIC - DEVELOPMENT OGC 09122 - 3) Submit the publisher's affidavit from newspaper covering the transit service area that the performance measures identified in Table A-1 Required Performance Measure for Newspaper Publication of FDOT Procedure 725-030-030 were published each year after the Department written approval 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year 5) Submit quarterly progress reports via TrarsCIP, the web -based state grant V1WWQ8#vW 9001111 by logging into http://www2,transcip.com 6) Submit an invoice on the project at least every quarter or they may specify in an email to the Department Project Manager. The email must. be provided in the invoice packet provide to the department The Agency shall upload a copy of irvoice to TransCIP and email the original to D40MDID@dot.state.fl us for processing The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): candy, alcohol, decorations, greeting cards, lobbying, personal cell phone, office patties, entertainment, food. fans, coffee pots, portable heaters, refrigerators, microwave ovens, congratulatory telegrams, refreshments, banquets, catering, gifts/flowers, promotional items. F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsldywilI 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 Iona as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met Page 18 of 24 110 DocuSign Envelope ID 56861973-E58E-4AEC-A8C0-1"19= STATE OF FLOMDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS Form 726-OW42 STRATEGIC DEVELOPMENT OGC OW22 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 F 1I FLAIR State Object CSFAI CSFAICFDA Title or Funding ProjectCategory Type Fiscal Code CFDA Funding Source Description Amount Number Year Number 40 9C -5-o4-01 DPTO 1 086 75100, 55010 Public Tra7s't Block Grant Funding $6'0.368 00 407190-5-84-01 LF 088774 2023 751000 5501-, Public I Baas t Bock ;;ram I Total Financial Assistance $1,220,736.00 'Bud"Cat"blywhOwft-111"NIN ..... amendment (because they are W1 within the 0106900NO PhOW). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: Monthly TQuarterly Other basis upon the approval of the deliverables including"th0 eVe6diture'detail pro-Aded-IlliV40 AW". Scope Code and/or Activit Line Item (AL1) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line Rem budget category has been evaluated and determined to be allowabl% reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. 91%ftlyorant Manager Name Ih0i 3 1 U; 5.7 AM" tV 7 Dde pop 19 40 DocuSign Envelope ID 56861973-E58E-4A 1C FAA189328 STATE OF FLORIDA DEPARTMENT O� TRANSPORTATION - PUBLIC TRANSPORTATION GRANT AGREEMENTlIBITS1° EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTAMW DocuSign Envelope ID. 56861973-E58E-4AE£i OWpft4A"SD26 STATE OF FLORIDA DEPARTMENT OF TRANS-DRTATtOh PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS - TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 341.052, F.S. i e Forni 725 ON -02 STRATEGIC DEVELOPMENT OGC 09122 2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Section 341.052(1), F.S., and Sections 5307 and Will of the Federal Transit Act, 49 U.S.*- 6307, and 49 U.S.0 5311 respectively. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreemert Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty percent of such costs or an amount equal to the total revenue. excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs whichever amount is less. 6. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. 7. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than; November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. 8. Annual Plan or Update. The Agency shall subtr RSTransit Development PIN (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. Pace 21 of 24 113 DocuSign Envelope ID. 56861973-E58E-4AE C0-B1CF4A169D2B " w STATE Or FLORIDA DEPARTMENT OF TRANSPORTATION Farm 715-000-02 PUBLIC TRANSPORTATION srRArECIT DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 09122 b) A TDP shall conform to the requirements in Rule 14-73, available at: litto.lr'fac dos -state fl usl1,'aconhne1chapter14.pdf 9. Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable X _Bus Transit System - In accordance with Section 341.061, F S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file; an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Pian pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System (established; - In accordance with Section 341.061, F.S., the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Pian, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014, Fixed Guideway Transoortation System - This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or rtkadify an existing system, or to replace vehicles and equipment In accordance with Section 341.061, F.S., the Agency *hall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule' -16.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725430-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Not Applicable. 10. Transit Vehicle Inventory Managemerlit The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025t),,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 f- TA Section 5310, Section 5311, Section 5316 and Section 5317 programs as the funding source, or where the Department participates in W16 or more of the public transit vehicle's purchase price. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Departmental programs. 11. Formula Information. As authorized in Section 341:1162, F.S., the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report A copy o� the NTD report is required to be sent to the Department each year Distribution is accomplished througn a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into three equal portions Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided, and the third portion is allocated based on their percentage of total passengers carried The total from all three portions is the total available allocation for each eligible transit system in the state. -- End of Exhibit E -- i DocuSign Envelope ID 56861973-E58E-4AEC-ABCo- 4A169D28 i . l rq'A7/�'LiC�IOF'iIMNbPOs?-n-iG�. Fas F TRANSPORTATION n GRAWAGREEMENT EXHIBITS OOCOW 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 documentatim should clearly reflect the dates of service Only expenditures for categories in the approved agreement budget may (fie 1t0y*ursed These expenditures must be allowable (pursuart to law) and directly relatec 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 11101, Ftp+rii>N Statutes, which includes submission of the clam on the approved State travel voucher or electronic meatte. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts If nonexpendable properly 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 cefinec 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 reasonab;e (6) Indirect costs If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. s Contracts between state agencies, and/or contracts between universities may submit alsolowdocumentation I o substantiate the reimbursement request that may be in the form of FLAIR reports or otfferdetailed reports The Florida Department of Financial Services, online Reference Guide for State Expenditures:on.be found at this web address https itwww.mv,9oridacfo.com!Division/AA/Manualsidocuments'ReferenceGuideforStaiteEkoenditures odf. Page 23 of 24 115 DocuSign Envelope ID: 56861973-E58E-4 Q-B1CF4A169D2B STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fbrrrl 725-000-02 PUBLIC TRANSPORTATION sIC DEYELI.OPMOPMEN7 GRANT AGREEMENT EXHIBITS occ OW22 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: Pub is Transit Block Grant Program CSFA Number: 55.010 'Award Amount: $610,368 "The award amount may change with amendments Specific project Information for CSFA Number 55.010 is provided at: httc)s:1/aplRs.fldfs.corr aisearchCatakaa-asox COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDW Pel „ . !, , 9 THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are provided at: https:/Iaptps f ldfs. cotTVfsaalsearchCompliarice,as x The State Protects Compliance Supplement is provided at hr a r anti-s.`icfs orr,`saa L mpliance.aspx WHEN WiarnRiver Gouty inters # mit an FY 2OM3 applies for foaft alwistance urs 49:USC Section Ste, with the reguixieid lundingniatch to came fim local finds. 4 and an FY 2022M Florida Pune Tunsportation i WHEREAS, Irndian Rimer. County is eon to receive :fit fivedift wider Swfion 341.052(l), Florida` Statutes, and under 49 USC Ch. 53i Seed= 53fM7 and 49 USC 1614; Imd WEMREM% the Fl<xC &Depantrnent of hnspor tation ptiav� Public T+au'a etl at Hk Granit fwxb to Indian River Cir to assist in the oonfinuam and opmaka of Toed public bamportation services. e i NOW, TSEB,EFORE, BE IT FaWPOLM BY TMZ I.MA N KTV M COUNTY BOAS OF COUNTY COMMISSION: 1. That.the CbAhmanoftheImhwRivar County Board of CowdyCdoirnissioncrs is authorized to exec a Public Tmeportatim Cent Agreement with the Moridw.Department of Translwtationto obtain FY 2M2!23 lid PW*c Thmsportatift oelt-Ocant fid to be used as a partial uWab for operating assistance as part of do CoumWs FY 2027M � Section $307 gent application. 2. That the Man IUW County C nwaptti► Development DirerAor or itis designee is authorized to dish such additional fiftniation as the Florida Department of Transportation may regtuna in connection with the CtuWS FY 20220 Public i Trnnennrtntinn Rlnrk C'nranL DwAkp Onvalmn 11): 5W18-4AECA$QWCF4A169D20 Tor~ Pauls.>lcoli itrt tstta ams FLORIDA DEPARTMENT OF TRANSPORTATION FUNDS APPROVAL G2F87 12/2712022 CONTRACT INFORMATION Contract: tiT ontract Type1�1 i ,QftAw0wj. o MI wp"M eihod of Procuremenendor Name:Vendor ID: .ginning Date of This Ending Date of This Agreement: antract Total/Budgetary Ce" dam# 4 11#f Fun" F .RMks T� �lt.6rsat Fu, FUNDS APPROVAL INFORMATION FUNDS APPROVEDIREVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 12/2712022 DoT U.S. Department of transportation Aa FTS Federal Transit Administration Federal Award identification Number. emporary Application Number 5630-2022-1 �4vvard Nam iW M� Wd 9 6 S t�ero Beach UZA veard Status Active (Executed) Awaid ftdgot:Number 0 'eriod of Performance t i 9MM )riginal Period of Performance End Date 3/30/2031 uMrTt Period of Pam ► Ettd 006 31311MMIll Rev n #. 0 Part 1: Recipient Info n Name; INDIAN RIVER, COUNTY OF Recipient Recipient Recipient Alias IIJEI I ID QST Type County INDIAN RIVER C*UbM D 5630 Agency OF COUNTY FB3SLJJ 3$K9 079208989 i Location Type Headquarters Physical Address Mailing Address 120 Title: 5307/5339 Capital and Operating Supergrant; Sebastian -Vero Beach UZA FAIN Award Status Award Type Date Created Last Updated Date From TEAM? FL -2022-055-00 Active (Executed) Grant 3/30/2022 3/30/2022 No Award Executive Summary Purpose: The purpose of this combined FY 2022 FTA section 5307/5339 supergrant is to provide capital assistance, operating assistance, ADA-paratransit operating assistance, and preventive maintenance for public transportation in Indian River County, which consists of the GoLine fixed -route system and the Community Coach demand -response service. Activities to be performed: The activities will replace vehicles and equipment that have exceeded useful y life requirements, acquire and construct bus shelters for fixed -route service, construct bus station improvements at the North County Nub, and perform monthly service and repairs for all vehicles. The activities are necessary to maintain a reliable public transportation system. Indian River County will ensure that all vehicles purchased are accessible, purchased from an FTA approved TVM, and reported to FTA within 30 days after contract is signed. Expected outcomes: Funding will permit Indian River County to continue to provide safe and reliable public transportation service that has been impacted by multiple waves of the COVID-19 pandemic. } Intended beneficiaries: Most riders are dependent on the GoLine and Community Coach to get to employment, school, medical, shopping, and tourism -related destinations. Sub -recipient Activities: None i The total eligible cost is $3,804,712. The federal share is $3,804,712, which consists of $3,348,741 in FTA Section 5307 funds, and $455,971 in FY22 & FY21 FTA section 5339 capital bus replacement funds. Copies of the Florida Governor's Apportionment letters are attached for FY22 FTA Sec 5307, FY22 FTA Sec 5339, and FY21 FTA Sec 5339 programs. This supergrant will consist of $2,249,329 in capital expenditures and $1,555,383 in operating expenditures. The nonfederal share of operating expenditures (50%) will be split between $777,691.50 in FDOT grants and $777,691.50 from Indian River County. The Florida Department of Transportation has authorized toll revenue credits in the amount of $562,333 in support of this application dated August 4, 2022 (***FDOT Toll Revenue Credit letter attached***). Of the toll revenue credit amount, $448,340 supports the nonfederal share of 5307 capital expenditures. For the nonfederal share of FTA Section 5339 capital expenditures (bus replacement), $59,395 in toll revenue credits was awarded in FY22, and $54,598 was awarded in FY 21, with a total 5339 soft match { of $113,993. In accordance with federal regulations, a public hearing was conducted on July 5, 2022.dnd advertised in advance. I f The current FY22 FDOT STIP is attached. 5307 Capital Assistance is listed in item number/ FM# 407190-2 As required, 1% of the award has been allocated to security -related projects (see AL1 11.42.09). A copy of the FTA NEPA class of action for the transit hublrestroom is attached (in the Application Documents). , Indian River County will check the current listing of Transit Vehicle Manufacturers (TVM) (https:l/ www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-tvms-list) to ensure each is listed as a certified TVM in compliance with FTA regulations. a 121 € 60 Indian River County will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list. Frequency of Milestone Progress Reports (MPR) Quarterly Frequency of Federal Financial Reports (FFR) Quarterly Does this application include funds for research and/or development activities? This award does not include research and development activities. Pre -Award Authority This award is using Pre -Award Authority. Does this application include suballocation funds? Recipient organization is suballocated these apportioned funds and can apply for and receive these funds directly. Will this Grant be using Lapsing Funds? Yes, this Grant will use Lapsing Funds. Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: N/A Requires E.Q.12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Award Point of Contact Information First Name Last Name Title E-mail Address Phone michael.sherman@dot.gov Community Planner charles.chiu@dot.gov General Engineer Jon Howard Senior Planner jhoward@ircgov.com (772) 226-1672 Award Budget Control Totals Funding Source Section of CFDA Amount Statute Number 122 Otate/in-Kind Other Federal tpqsuportation Development Crgdit Adjustment $0 Total Ell&ie Cost AWWd Budget -- - ------ - total Eligible FTA A800" NUW,W AnloW Amount -01- 5 �O 00 OTHER CAPITAL ITEMS $300,00000 (117- (BUS) FL -2022- NONFIXED 055-01- 1110.00 ROUTEADA $300,000 $0.00 $30Q,000.00 PAMTRANSIT 00 SERVICE L-2022- 300- 00 ...... . . . . . . -55W1 55-01- (300- OPERATING ASSISTICK1' $,5 , .0 A7) FL -2022- UP TO 60% 065-01- 30M.01 $1AW363004405,382.00 $3,1114,71WO Cl FEDERAL SHARE . 00 L-2022- 00 55-02- 5U CK7` FL -M- BUY 066-02- 11 12,03 REPLACEMENT $4",029.00 $0.00*W.W.00 00 30 -FT BUS 114- 5-02- 150 L _2022- 00 BUS_ SUPPORT EQUI J' T,-34M50j!_"S00 00' - ��i45�,00O 0 $345,000.00 (114- T 14S .066 AND FACILITIES A-3) FL -2022- 055-02- 11.42.08 ACQUIRE -SHOP swi.000.00 $0.00 $60.000.00 I =f%1 1101mut FL -20 - ACQUIRE - ADP 055-02 11.42.07 HARD'WARf;OGO.OtI: $0.00I�iO,;oO > FL -2D22- , ACQUIRE - ADP Q55-02 11.42.06 SOFTWARE $10II00.00 $0.00 $100,000.00 00 FL -.2022- 055-02- L-2022055-02- 1142.09 MOBILE SURV/ $35,000.00 $0.00 00 SEPORITY EQUIP. FL -2022 -RE 055.02- 11.4+4.01 RENOVATE- $100 000.00 $0.00 X100 0: ? ADMINISTRATIVE 00 FACILITY 055-02- 0,000.00 0.00 10 N0 FL -2022- 1 00 SIGNAL &COMM (116- EQUIPMENT {BUS} . $ $ 00.00 + 00 A4) FL,2022- 055-02- 11.132.05 PURCHASE 2.03 000 00 $0.00 $90.,000.00 RADtos -2022- 117- 5 0 - 00 OTHER CAPITAL ITEMS 117- BUS $654;329.00 50.0 654.329.OQ FL -2022- PROJECT : 055-02- 11.71.03 MANAGEMENT- $54,329.00 $0.00 $543nMD 00 3RD PARTY F L-2022- PREVENTIVE 055-02- 11.7A.00 MAINTENANCE $600,000.00 $.0100 W0 00000 00 L-2022- 119- 00 Bus Associated Transit 5-02 (119- Improvements 540.00090 $0.0 $40,000.00 FL-- 055-04- 11.92.1 SIGNAPURCHASE $40.000.00 $0.00 Wt?OEIm 00 111- ,... ,._.: FL -2022- - ,- 055-03- 00 BUS - ROLLING STOCK 5218,390.00 $0 00 218,390 00 00 - A1) FL -M- 13UY 06"3- 11.12.013 REPLACEMENT 3218,300:00 80.W 3218y390.0b 00 30 -FT BUS F2022- Tf - 5 04- 1 BUS - ROLLING STOCK 5237,581.00 $000 1.0',-�237,581.64 Al M 11 =L-2022- BUY )55-04- 11.12.03 REPLACEMENT $237,581.00 $0.00 $237,581.W 3 )0 30 -FT BUS Discretionary Allocations This application does not contain discretionary allocations. Sources of Federal Financial Assistance PO Project Sc Pe Account } Scope Scope Scope U2A Area Class FPC Description Amendment Cumulative Number Number Name Number Suffix Code Name Code Amount Amount FL -2022- BUS - R FL -34-0 111-00 (1200 Florid 2019.25.3 Bus Form - F 204 055-03-0 OLUNG 111) 111 00 a 4.BF.2 00 ormuia Alloc $218,390 $218,390 0 STOCK 022- BUS - R IN5-04-0 OLLING 111-00 ,Florid 2019.25.3 00 Bus Form - F 111)' 4.BF.2 ormula Alloc $237 581 $237 581 ? STOCK Fl."WY ft.==_ LaP MT 3�R}�0 ( 12W F1WW 20222J.0, d Ar 192 088-01-0 ING ASST ) AT 0@ * 4 M.FgAOrNt�fll0 #'f *3 ",Oft -3383 ti STANCE 0.1:2 0rlta FL -2022- OTHER Urbanized Ar L 055-01-0 CAPITAL 117-00`' AFlorid �00 ea Formula G $300.0000 ITEMS (B 117) 00 a 0.91.2 rants Bus Asso FL -2022- ciated Tr Urbanized Ar FL -90-Y 119-00( 1200 Florid 2022.2J9 192 055-02-0 ansit Imp 119) A6 00 a 0.91.2 00 ea Formula G $40,000 $40,000 e m 0 roveet rants s FL 2022- OTHER Urbanized Ar FL -90-Y 055-02-0 CAPITAL 117-00Ir 22.2J 9 00 ea Formula G $654,329 !_5d.329°.. 192 0 ITEMS (B 117) _ Otl`.912 rants USj 4i" swiwia SIGNAL FL -FL -2022- & COMM At 192 Y 05"2-0 EOUIPM 116-00 ( A4 1200 Florid 2.91.2- .9 00 "� G : ,S,tO $1Q.0 192 0 ENT (BU 116) 00 a 0.91.2 MrAl St FL 90 114_ .., :Y BUS FL -2022- PPOR � Urbanized Ar 00 ( 'Florid 2022.2J.9 055-02-0 EQUIP A A 00 ea Formula G $345,000 $3d5,000 192 .` 114) 0.912 ND FAC1 �. rants IES , i. FL -2=- BUS - R Urbanized At 192 90-Y 056-0" OLLING 111) ( A2 00 a 0.91. 1200 Florid 0,91.2J.92 00 ea Formula G $444,025 $4",=, Ii0 STOCK 111) rants Part 3: Project Information Project Title: 5307 Operating and ADA Project Number Temporary Project Number Date Created Start D&U End Date 125 FL -2022-055-01-00 5630-2022-1-P1 6/10/2022 12/31/2020 12/31/2023 Project Description This project contains Operating assistance for Indian River County's GoLine fixed -route system and Community Coach demand -response service, and ADA paratransit service Operating Assistance. The total Operating Assistance project cost is $3,110,766, of which the federal share is $1,555,383. The nonfederal share consists of $777,691.50 in local funds and $777,691.50 in state funds. The total ADA paratransit service operating assistance is $300,000. Project Benefits This project will allow for the preservation and expansion of the GoLine and Community Coach public transportation services. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) UZA.Cade Am Nom. 12000 Frkride - _. . Flu Congressional District Information State District Representative Florida 8 Bill Posey Program Plan Information STIP/TIP Date: N/A Description: NIA UPWP Date: N/A 50 Project Control Totals Project Budget Project Budget Item FTA Amount Non -FTA rAw Number Amount FL -2022- 00 OTHER CAPITAL ITEMS $300.000.00 $0.00 $300,000 00 ,055-01-00 (117- (BUS) �� , ee A8) ; e W)N Ft r l p LADA If a/J - ROM ADA1,7C. .fi100.10 ; $300,00000 0 06"11-00PARATRAI`�Si'f SERVICE 300 - FL -2022 00 OPERATING x,555,383. $1,555.382.00 $3,110,765 00 X155-01-00 (300- ASSISTANCE A7) rIt'I� UP TO 50%FL-2022- 30.09.01 FEDERAL $1,555,3.00 4,5WjW2.00 4110; flA 0 SHARE Extended Budget Description Operating assistance for ADA complementary paratransit service. ADA service is provided by same contractor who operates fixed -route service. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 WW „2 20507 $300,000 forward) Budget Activity Line Item: 30.09.01 - UP TO W%Ai, SNARE i Scope Name / Code #ine Item Line Item Name Activity Quantity OPERATING ASSISTANCE UP TO 50% FEDERAL OPERATING (300-00) 30.09.01 SHARE ASSISTANCE Extended Budget Description Operating expenses for the period of 10/1/2021 to 9/30/2022. i Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area .Ftarmula-Grants (2013 and 5307-2A 20507 $1,555,383 forward) Orem Milestone Name Est Completion Description Contract Award 121311 Final Expenditunas Project Environmental Findings Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 04; Planning and administrative activities which do not involve or lead directly to construction, such as: training, technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts; engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. Date Description Date Class 11c CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Amount Total Eligible Number Cost OPERATING UP TO 50% ASSISTANCE (300- 30.09.01 FEDERAL 0 $1,555,383.00 $3,110,765.00 00) SHARE Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project 129 description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 04: Planning and administrative activities which do not involve or lead directly to construction, such as: training, technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts; engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. Date Description Date Class 11c CE Approved Scope Name / Line item FTA Total Eligible Code Number Line Item Name Quantity Amount Cost OTHER CAPITAL NON FIXED ROUTE ADA ITEMS (BUS) 11.7C.00 PARATRANSIT SERVICE 0 $300,000.00 $300,000.00 (117-00) Project Title. 5307 Capital Project Number Temporary Project Number Date Created Start Date End Date FL -2022-055-02-00 5630-2022-1-P2 6/10/2022 12/31/2020 6/30/2025 Project Description Capital assistance will provide funding for vehicle replacement, transit stop improvements, computer hardware and software, radios, shop equipment, security equipment, preventive maintenance, signage, bus wraps, a workplace organization study for our transit provider (Senior Resource Association), and Administration Building Office Improvements. All Intelligent Transportation Systems (ITS) equipmentl components are compatible with both Regional and National ITS architectures. All new buses and vans will be wheelchair -accessible using either ADA -compliant lifts or ramps. The total project cost is $2,249,329, of which the federal share is $2,249,329. For the nonfederal share, Transportation Development Credits in the amount $448,340 are being provided by FDOT. Project Benefits The project will be for the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. Project Location (Urbanized Areas) 130 lM UZA Code Area Name 120OW Florida deb t igressional District Information State District liOplMthn- Florida 8 ail pow Program Plan Information STIPMP Date: N/A Description: NIA UPWP Date: N/A Description: N/A Long Range Plan Date: N/A Description: N/A Project Control Totals Funding Source `' Amount Wil:. 5307 - Urbanized Area Formula Grants (2011OW forward) 1 2.0W$1,493, 358 Project FTA Non- TSI Number Budget Item Amount FTA Eligible Quantity Amount Amount 131 k-2022-055- . 00 - 02-00 (111- BUS - ROLLING STOCK $444.02900 $0.00 $444,029 A2)i],.. i BUY FL -2022-055- 11.110 REPLACEMENT 02 44, :00 $©.t I: ,+ WFT WS 114- L-2022-055- 00 BUS. SUPPORT EQUIP AND 02-00 (114- FACILITIES 5 000.00 $Q Oa.,; �3} FL- 2-05€- ACQUIRE -SHOP 02-00 11.42.06 EQI;11PIk NT 0,000.00 $0.00 $60, i.00 3 FL 7022-055-1'1.42V A'�OU'RE-1N ' $5 ,000.00 $0.00 $50,000.00 10 02-00 HARDWARE FL -2022 -055 -ACQUIRE Im1QQUiRF -ADP $100,000.00 $0.00 $100,000.00 0 02-00 SCARE ACQUIRE, FL20zz-055-I L SURvr 02-M 11.4 .89 MUM" a.00 $a.aa $35,0W,00 EWF REHAB! 02-0022-055- 11.44,01 .At7 111! TftA. .. stoomo10'00. $040 $100.00 1 FiY 116 - FL -2022-055- 00 SIGNAL & COMM 02-00 (116- , QUIPMENT (BUS) $10.000.00 $0.00 $10,000 00 A4) ; FL -20 -0155- PURCHASE 02.00 � 1.w'�:D$ R �,c+� 0 $0.001, SAMM 5 117-` L-2022-05 00 OTHER CAPITAL ITEMS 2-00 (117- (BUS} $654 329.00 $0.00 $654,32 9 00 i A5) 01 -2022-055- �i'PR+QJEN i' 11.71.03 MANAGE- $54,329.00 $0.00 $54,329.00 1 3Rb PARTY FL -2=-055- PREVENTIVE 02-00 11.7800 MAIN"f`ENANCE 3i3MI-00 $000 0, 0Q 0 i 119- -2022-055- 00 Bus Associated Transit 2-00 119 Im rovements 0.000-00 $0.00„_ $40,000,00 A6).. _ FL -2 -055 -PURCHASE. i @2.11 I l:,Qz 38 Sr31: $0.0” . $000 ' te t a { ,_ i32 I Project Budget Activity Line Items Budget Activity Line Item: 11.62.03 - PURCHASE RADIOS Scope Name / Code Line Item Line Item Name Quantity SIGNAL & COMM EQUIPMENT (BUS) 11 62 03 PURCHASE AQUf�iT ON 5 (116-00) RADIOS Extended Budget Description Acquire 5 new vehicle radios. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source SocHon 5307 - Urbanized Area Formula Grants (2013 and l.0=11111140nd SN&M Kind TransporlOw Deme Total Eligible Cost Milestone Name RFP/IFR Issued 1� Of CFDA Amount Number 7` $10,000 $2,500 f Lk* INdtt 117AAO - PREVENTIVE' MAINTENANCE Scope Name / Code Line Item Name Activity Quantity OTHER CAPITAL ITB49 PREVENTIVE OTHER CAPITAL i (BUS} (117-00) 111A.00 MAINTENANCE ITEMS (BUS) 0 i Extended Budget Description Monthly service and repairs for all vehicles from 10/1/2021 - 9/30/2022; includes replacement of tires and batteries, oil changes/lubes at regular service intervals. Most of the work is performed in-house, while some work is (e.g. transmissions) is contracted. A Force Account Plan is on -file for in-house labor. Indian River County does not anticipate the purchase of items over $5,000 in value at this time. Any i I 133 items with value over $5,000 identified during the execution of the activities under this ALI will be included after award (actual value and useful life). Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Budget Activity Line Item: 11.71.03 - PROJECT MANAGEMENT - 3RD PARTY i Scope Name / Code Line Item Line Item Name Activity Quantity OTHER CAPITAL ITEMS 11PROJECT MANAGEMENT - 3RD PARTY (BUS) (117-00) .71.03 3RD PARTY CONTRACTS 1 Extended Budget Description To perform an Organizational Study which will analyze Transit Agency employment and operation structure, and submit a final report. The report will make recommended improvements to professional development, organization structure, succession planning, job descriptions, roles and responsibilities, and other human resources program needs. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $54,329 forward) Milestone Name Est. Completion Description Date RFP/IFB Issued 12/3112022 Contract Awa ' Project Complete 12/31/2023 Budget Activity Line Item: 11.92.08 - PURCHA Scope Name / Code #ine Item Line item Name Activity Quantity Bus Associated Transit Improvements 11PURCHASE (119-00) .92.08 SIGNAGE ACQUISITION 8 Extended Budget Description Bus wraps for replacement vehicles. Cost is $5,000-7,000 per vehicle, depending on vehicle size. Useful life is 5 years Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants (2013 and 5307-2A Wward) 20507 $40,000 Localthi-I(i o State/Ih-end + Other Fed( Transportation Dpiment C1 Adjustment Total Eligible Cost Ez f Budget Activity Limp Item: 11.44.01 - REHAB*NOVATE - ADMOMFWTIVE FACILITY Scope Name / Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT REHAB/RENOVATE - REHAB/RENOVATE BUS EQUIP AND 11.44.01 ADMINISTRATIVE SUPPORT FACIUEQUIP 1 FACILITIES (114-00) FACILITY Extended Budget Description Design and construct an interior remodeling and expansion of the Transit Administration Building's Main Conference Room located at 4385 43rd Ave, Vero Beach, FL 32967. The remodeling work is an interior retrofit of an existing area within the building. No expansion or enlargement of the building will occur. A copy of the Documented CE from the original construction of the building has been uploaded to the Application Documents. Useful life is 30 years. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Amount $100,000 $0 I Est. Completion Milestone Name Date Description RFP/IFB Issued 1213112022 Project Complete 1201) 3 0 Scope Name / Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT EQUIP ACQUIRE - MOBILE ACQUISITION OF BUS AND FACILITIES (114- 11.42.09 SURV/SECURITY SUPPORT 7 00) EQUIP EQUIP/FACILITIES Extended Budget Description Security cameras and recording equipment for vehicles, includes equipment for new vehicles and replacing old equipment as needed. This ALI satisfies the required 1% of the award for security -related projects. If an equipment item is purchased with these funds which has a cost over $5,000, a budget revision will be submitted to identify the item and provide its useful life. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Funding Source Section of CFDA Amount Statute Number 5307 - Urbanized Area Formula Grants,(2013 and forward) 537A 20507 $35,000 Budget Activity Line Item: 11.42.08 - ACQUIRE - ADP SOFTWARE Scope Name / Code Line Line Item Name Activity Quantity Item # BUS: SUPPORT EQUIP AND FACILITIES (114- 11.42.0$ ACQUIRE - ADP ACQUISITION OF BUS fl' 00) SOFTWARE SUPPORT EQUIP/FACILITIES Extended Budget Description New ADP software for scheduling and dispatch, security cameras, and vehicle maintenance management. Useful life, as specified by the manufacturer, is 6 years. Exact quantity may vary. t I Oft, Awft� Will 3rd Party coaftactors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Fulndttg Source SDA CFDA Amount $klub Number. 5M7- Urbanized Area Formula Grants (2013 and 53177-2A 20W7 $100.0 fvrd) Locaitltal%rkI Budget Activity line Item: 1I AM - ACQUIRE ->i ii "RDWARE Line $010 mom / Item # Line Item Name. 'r BUS: SUPPORT EQUIP ACQUIRE - ADP AC ISITM4 OF Imo. AND FACILITIES (1:14L 11.42.0i''0HARDWARE SUPPORT EQUiP�AC#Lt71�1 00) Extended Budget Description New ADP hardware includes computers, rile tablets for office phones, and network equipment (firewall, routes, and switches). If an equipment item W purchased with these funds which has a cost over $5,000, a budget revision wiA be submitted to ids the item and prwAde its useful life. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. 138 Milestone Name Est. Completion Description Date RFP/IFB Issued 3131/2023 Contract Awarded , 9/30/2023 Project Complete 3/31/2024 Budget Activity Line Item: 11.42.06 - ACQUIRE - SHOP EQUIPiIW, Line Scope Name / Code Item # Line Item Name Activity/ 4 I BUS: SUPPORT EQUIP ACQUIRE - P ACQUISITION OF BUS AND FACILITIES (114- 11.42.06 3 � 00)EQUIPMENT SUPPORT EIP/FACILITIES i Extended Budget Description Funds will be for the replacement a diagnostic scanner for the transit vehicles. Useful life is approximately 7 years, and cost is estimated at $10,000. A mobile tire rack will be replaced, useful life will be 10 years. A heavy duty vehicle lift is due for replacement within the next year. The cost is $45,000 to $55,000, and useful life is 8 years. i Will 3rd Party contractors be used to fulfill this activity line item?. Yes, 3rd Party Contractors will be used for this line item. i Section of i Funding Source Std Amount 5307 - Urbanized Area Formula Grants (2013 and &V7 -2A 20507 $60,000 forward) WORM Local/In-10W State :£ State/In-kindto Othq, Transportation Qe JMent-C;ri3dit E{ Q Total Eagibie Cost �4 0" NahN L�iM+lir1 RFP11FB Issued 12151/30 Project Complete 64 A 11L/ Lkie Non.11.12,03 -BUY REPLACEMENT 30-FT8101' LMe Stupe Name / Code # LkW IMM.Name MOW Quantity BUS ROLUNG BUY REPLACEMENT BUYRVLACEMENTS - STOCK (111-00) i 1.13:03 30 -FT BUS kMTAL BUS 3 +l� Expended Budget Description Funding Is requested to replace three medjutri- ► cutav" buses. The vehicles to be replaced are: (Vehicle 246; Ford Turtle Top; 297,315 MON. MN 1FDFE4F56FDA35294), (Vehicle 249; Ford Turtle T op; 218,340 miles; VIN 1FDGF50YGEIDM�51), (Vehicle 250; 2016 Ford Turtle Top; 233,7"x2 miles; MN IFD('W-6CY7€�EC06852). The usWul life standards for the vehicles to be replaced is 6years or 150,000 miles (FTA C 5010.1E),mW the replacement vehicles will have the same standards. U€u ,*W Is approximately $140,000-$150,000 for a medium -duty cutaway bus. The replacement vehicle will be purchased from the state contract or the FPTA consortium contract, of which Indian RiverCounty is a listed party. Both contracts comply with FTA C t,I;F. A$ new vehicles will comply with 1kpA standards. All transit vehicles are owned by Indian River County. Operation and maintenance of the vehicle will be by Senior Resource Association, as part the transit service contract. Wil[ 3rd Party contractors be used to ftm, oft aceft, ii m? Yes, 3rd Party Contractors will be used for this line item. Propulsion Fuel Type , Yei":2yndltion Vehicle Size (ft.) N/A N/A N/A Section of CFDA Funding Source Statute Amount 5307 • Urbanized Arft Formula GMnts (2013 and 53{iT- ► i : $444,M forward) Locallin-OW _ A ' Total Eligible Cost $4444,029 1 Milestone Name Est. Completion Date 140 RFP11F$ Issue Date � Imm Initiai Delivery OWN 12J31/20at4 IA'1 Contract Completion 6130(>21$ ©ate Project Environmental Findings Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. )ate Description Date ;lass He CE Approved Scope Name / Line Item Line Item Name Quantity FTA Total Eligible Code Number Amount Cost BUS - ROLLING 11 12.03 BUY REPLACEMENT 3 $444,029.00 $444,029.00 STOCK (111-00) 30 -FT BUS Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. 141 Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost BUS: SUPPORT EQUIP ACQUIRE - SHOP AND FACILITIES (114- 11.42.06 EQUIPMENT 3 $60,000.00 $60,000.00 00) Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost BUS: SUPPORT EQUIP 11.42.07 ACQUIRE - ADP 10 $50,000.00 $50,000.00 AND FACILITIES (114-00) HARDWARE Finding: Class ll(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. 142 Date Description Date ;lass Iic CE Approved Scope Name / Code Line Item Number Line Item Name Quantity FTA Total Eligible Amount Cost BUS: SUPPORT EQUIP ACQUIRE - ADP AND FACILITIES (114- 11.42.08 SOFTWARE 0 $100,000.00 $100,000.00 00) Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 05: Activities, including repairs, replacements, and rehabilitations, designed to promote transportation safety, security, accessibility and effective communication within or adjacent to existing right-of-way, such as: the deployment of Intelligent Transportation Systems and components; installation and improvement of safety and communications equipment, including hazard elimination and mitigation; installation of passenger amenities and traffic signals; and retrofitting existing transportation vehicles, facilities or structures, or upgrading to current standards. Date Description Date ;lass Iic CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Number Amount Eligible Cost BUS: SUPPORT EQUIP ACQUIRE - MOBILE AND FACILITIES (114- 11.42.09 SURV/SECURITY 7 $35,000.00 $35,000.00 00) EQUIP Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 08: Maintenance, rehabilitation, and reconstruction of facilities that occupy substantially the same geographic footprint and do not result in a change in functional use, such as: improvements to bridges, tunnels, storage yards, buildings, stations, and terminals; construction of platform extensions, passing track, and retaining walls; and improvements to tracks and railbeds. 143 00"k Date Description Date Class Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost BUS: SUPPORT REHAB/RENOVATE- EQUIP AND 11.44.01 ADMINISTRATIVE 1 $100,000.00 $100,000.00 FACILITIES (114- FACILITY 00) Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class lic CE Approved Scope Name !Code Line Item Line Item Quantity FTA Total Eligible y Number Name Amount Cost SIGNAL & COMM PURCHASE EQUIPMENT (BUS) (116- 11.62.03 RADIOS 5 $10,000.00 $10,000.00 00) Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers 144 that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class llc CE Approved Scope Name I Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost OTHER CAPITAL PREVENTIVE ITEMS (BUS) (117- 11.7A.00 MAINTENANCE 0 $600,000.00 $600,000.00 00) Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 04: Planning and administrative activities which do not involve or lead directly to construction, such as: training, technical assistance and research; promulgation of rules, regulations, directives, or program guidance; approval of project concepts; engineering; and operating assistance to transit authorities to continue existing service or increase service to meet routine demand. Date Description Date Class Ilc CE Approved Scope Name I Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost OTHER CAPITAL PROJECT ITEMS (BUS) (117- 11.71.03 MANAGEMENT -3RD 1 $54,329.00 $54,329.00 00) PARTY Finding: Class li(c) - Categorical Exclusions (C -List) Class Level Description Class II(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers 145 Go that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date :lass Ilc CE Approved Scope Name / Code Line Item Line Item Name Quantity FTA Total Eligible Number Amount Cost Bus Associated Transit 11.92.08 PURCHASE 8 $40,000.00 $40,000.00 Improvements (119-00) SIGNAGE Project Title: FFY21 5339 Capital Project Number Temporary Project Number Date Created Start Date End Date FL -2022-055-03-00 5630-2022-1-P3 6/10/2022 9/30/2024 12/31/2025 Project Description Capital assistance for vehicle replacement. All new buses and vans will be wheelchair -accessible using either ADA -compliant lifts or ramps. This project consists of capital assistance using FY 2021 funds from the Section 5339 program. The federal share consists of $218,390 in FY21 FTA section 5339 funds. For the nonfederal share of FTA Section 5339 capital expenditures (bus replacement), $54,597 in toll revenue credits awarded in FY 21. Copies of the Florida Governor's Apportionment letters are attached for the FY21 5339 program. Project Benefits The project will be for the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and, Oslo. Project Location (Urbanized Areas) UZA Code Area Name 120000 Florida 1,239201� Sebas e Congressional District Information State District Representative 146 Florida 8 Bill Posey Program Plan Information $TIPITIP j Date: N/A Description: N/A I UPWP Date: N/A Description. N/A Long Range Plan Date: N/A Description: N/A - - Project Control Totaft Funding Source of 01INA*. .. Amount 5339 — Buses and Bus Facilities Formula -1 $218,39..0 Local/In-Kind Patq iii State/In-Kind Jther Feder Transportation Development Credit, djustr Total Eligible Cod $218,390 Project Budget ProjectFTA T Number Budget Item i Awwaft BUY 11.12.63 REPIAQEMENT WOKOO S.0-00 alum.;* 3 3i> -FT BU Project Budget Activity Line Items Budget Activity Line item: 11.12.03 - BUY REPLACEMENT 30 -FT BUS Scope Name / Code Line item Line Item Name Activity Quantity BUS - ROLLING BUY REPLACEMENT BUY REPLACEMENTS - STOCK (111-00) 11.12.03 30 -FT BUS CAPITAL BUS 3 Extended Budget Description This project is in conjunction with project # 5630-2022-1-P4: FFY 22 5339 Capital. FY21 and FY22 FTA section 5339 capital funds are being combined to replace 3 medium -duty cutaways. Per the County's Vehicle Replacement Schedule, the vehicles to be replaced are: (Vehicle #222; 2009 Glaval Titan; 490,311 miles; VIN 1 GBE5V1 949F413183), (Vehicle 247; 2016 Ford Turtle Top; 362,293 miles, VIN 1 FDFE4FS8FDA35295), (Vehicle 248; 2016 Ford Turtle Top; 408,384 miles; VIN 1 FDFE4FSXFDA35296). The useful life standards for the vehicles to be replaced is 5 years or 150,000 miles (FTA C 5010.1 E), and the replacement vehicles will have the same standards. Unit cost is approximately $140,000-150,000. The replacement vehicle will be purchased from the state contract or the FPTA consortium contract, of which Indian River County is a listed party, and will meet the the FAST Act Innovative Procurement methods. Both contracts will comply with FTA C 4220.1F and Innovative Procurement & Leasing FAST Act Section 3019. All new vehicles will comply with ADA standards. Will 3rd Party contractors be used to fulfill this activity line item? Yes, 3rd Party Contractors will be used for this line item. Propulsion Fuel Type Vehicle Condition Vehicle Size (ft.) N/A N/A N/A Milestone Name Est. Completion Description Date RFP/IFB Issue Date 9/30/2024 Initial Delivery Date 313/2025 Contract Completion 12131/2025 Date Project Environmental Findings Finding: Class 11(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. Date Description Date Class Iic CE Approved Project Title: FFY 22 5339 Capital Project Number Temporary Project Number Date Created Start Date End Date FL -2022-055-04-00 5630-2022-1-P4 8/22/2022 9/30/2024 12/31/2025 Project Description Capital assistance for vehicle replacement. All new buses and vans will be wheelchair -accessible using either ADA -compliant lifts or ramps. This project consists of capital assistance using FY 2022 funds from the Section 5339 program, of which the federal share consists of $237,581. For the nonfederal share of FTA Section 5339 capital expenditures (bus replacement), $59,395 in toll revenue credits awarded in FY 22. Copies of the Florida Govemor's Apportionment letters are attached for the FY22 5339 program. Project Benefits The project will be for the replacement of existing vehicles and equipment that have exceeded useful life requirements. The project is necessary to maintain a reliable public transportation system. Additional Information None provided. Location Description Indian River County is located on the east coast of Florida. Communities in Indian River County include the municipalities of Vero Beach, Sebastian, Fellsmere, and Indian River Shores and the unincorporated communities of Gifford, Wabasso, and Oslo. 149 I : � Congressional District Information Program Plan Information STIPMP Date: 7/1/2021 i Description Not Provided UPWP Date: N/A Description: NIA : Long Range Plan Date: N/A Description: NIA Project Control Totals Project Budget Non- Total Project Budget Item FTA FTA Eligible Quantity Number Amount Amount Amount 150 111- L-2022-055- 00 BUS - ROLLING STOCK $237,581.00 $0.00 $237,581.00 -00 (111- FL -2= -W5- 04 -00 L 2022-t- BUY 11.12.0 3t>tEK-J - , W $n7,:1.01.00 $0.00 $237.011.00 . t Project Budget Activity Line Item Budget Activity 00 H00:411 -112M - f Rl til i` SWt Scope Name / CO& LinoJh= LIMfto too* , /b�tllttl�I Quantity BUS ,114LLING11 1 .03 l; 8W'R�IL40EME� . STOCK (1'11-00) 3fl-FTSII CAPITAL BUS Ea1»nded Budget Description i This project is in conjunction with projecit # 5r334022 -1 -ft. FF1I' 21 i Capital..FY21 attrl X22 FTA section 6339 capital funds are t c�tto iaGemad=4ucutaways Per the r ys s Vehicle Replacement Schedule, the vehicles to ko replaced are: (V* #222,2009 Giaval T"n; 490,311 miles; VtN 1GOE6V1949F413183} Gide 247, 2011B Ford Tuft Top: 352,293 miles, VAN 1 FOFUFSSFDA35295j, (Vehicle 245; 20iE Ford Turtle T 400,38t miles; VI N 1F©FE4FSXFDA36296). The useful life sWN*ds"for the vehicles to t!e'replaced is 5 years or 1.50,000 Milos (FTA C 6010.1E), arra #0 moment vehicles will have the same standards. UnitIc"t is appro mstety $140,000-1-00,000. The roplacoment vehicle will be purdiased from the state contraict or the FPTA consortium ccrrtra4 of which Indian Rimer County is a listed poly,, and will mod the the FAST Act tnnovalive Procurement rnefuods. Both conte will comply with FTA C 4220, IF and Innovative Procurement & Leasing FAST Act Section 3019. All new vehicles will comply wo Affil Vis. Will 3rd Party con6gellilm.be HNd to fi4#N.dtip activity line item? No, 3rd Party Contractors will not be used f6rthis line item Prgw n ftd lwo V 01016 ndision Vehicle Size NIA ASIA AIIA i Project Environmental Findings Finding: Class II(c) - Categorical Exclusions (C -List) Class Level Description Class 11(c) consists of projects that do not have a significant environmental impact on the human or natural environment and are therefore categorically excluded from the requirement to prepare an environmental assessment or an environmental impact statement. FTA requires a sufficient project description to support a CE determination. The project may require additional documentation to comply with other environmental laws. Categorical Exclusion Description Type 07: Acquisition, installation, rehabilitation, replacement, and maintenance of vehicles or equipment, within or accommodated by existing facilities, that does not result in a change in functional use of the facilities, such as: equipment to be located within existing facilities and with no substantial off-site impacts; and vehicles, including buses, rail cars, trolley cars, ferry boats and people movers that can be accommodated by existing facilities or by new facilities that qualify for a categorical exclusion. )ate Description Date ,lass Ilc CE Approved Scope Name / Line Item Line Item Name Quantity FTA Total Eligible Code Number Amount Cost BUS - ROLLING 1112.03 BUY REPLACEMENT 3 $237,581.00 $237,581.00 STOCK (111 -00)30 -FT BUS Part 4: Fleet Details Fleet Type: Paratransit Fleet Comments None provided. i . The 7"IP page is . Pip► gc► �R TAA �tid `odersu page to the document portal. 2. The NEPA documentation is missft. Please go into TrAMS and upload the NEPA Class of Action approval and the NEPA checklist. I 3. For ALI 11.44.01, please include the address of the facility in the EBD where the rehab/renovation of the conference room will take place. 4. For Section 5339 project, we are unable to combine the FY21 and FY22 funds in the Comment same project due to funds being from separate appropriation bills (FAST Act and BIL). Please go back into the application and separate the Section 5339 funds by fiscal year. I This will allow FTA to appropriately reserve the funds. 5. For Section 5339 funds, FAST Act has a new requirement with regards to rolling stock procurement for 4 or fewer vehicles. Please revise the EBD for Section 5339 to identify if you all are using one of the FAST Act Innovative Procurement methods or include an explanation why you all are not. For more information, please refer to the fact sheet on the FTA website: Innovative Procurement & Leasing Fact Sheet (Section 3019) ( FTA (dot.gov) Part 6: Agreement UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION GRANT AGREEMENT {FTA G-29, October 1, 2021) On the date the authorized U.S. Department of Transportation, Federal Transit Administration (FTA) official signs this Grant Agreement, FTA has obligated and awarded federal assistance as provided below. Upon execution of this Grant Agreement by the Recipient named below, the Recipient affirms this FTA Award, enters into this Grant Agreement with FTA, and binds its compliance with the terms of this Grant Agreement. The following documents are incorporated by reference and made part of this Grant Agreement: (1) "Federal Transit Administration Master Agreement," FTA MA(29), http://www.transit.dot.gov, (2) The Certifications and Assurances applicable to the FTA Award that the Recipient has selected and provided to FTA, and (3) Any Award notification containing special conditions or requirements, if issued. WHEN THE TERM "FTA AWARD" OR "AWARD" IS USED, EITHER IN THIS GRANT AGREEMENT OR THE APPLICABLE MASTER AGREEMENT, "AWARD" ALSO INCLUDES ALL TERMS AND CONDITIONS SET FORTH IN THIS GRANT AGtMENT. FTA OR THE FEDERAL GOVERNMENT MAY WITHDRAW ITS OBLIGATION TO PROVIDE FEDERAL ASSISTANCE IF THE RECIPIENT DOES NOT EXECUTE THIS GRANT AGREEMENT WITHIN 90 DAYS FOLLOWING FTA's AWARD DATE SET FORTH HEREIN. FTA AWARD Federal Transit Administration (FTA) hereby awards a Federal Grant as follows.- Recipient ollows: Recipient Information 154 5a Recipient Name: INDIAN RIVER, COUNTY OF Recipient ID: 5630 UEI: FB3SLJJZ38K9 DUNS: 079208989 Award Information Federal Award Identification Number: FL -2022-055-00 Award Name: 5307/5339 Capital and Operating Supergrant; Sebastian -Vero Beach UZA Award Start Date: 9/19/2022 Original Award End Date: 3/30/2031 Current Award End Date: 3/30/2031 Award Executive Summary: Purpose: The purpose of this combined FY 2022 FTA section 5307/5339 supergrant is to provide capital assistance, operating assistance, ADA-paratransit operating assistance, and preventive maintenance for public transportation in Indian River County, which consists of the GoLine fixed -route system and the Community Coach demand -response service. Activities to be performed: The activities will replace vehicles and equipment that have exceeded useful life requirements, acquire and construct bus shelters for fixed -route service, construct bus station improvements at the North County Hub, and perform monthly service and repairs for all vehicles. The activities are necessary to maintain a reliable public transportation system. Indian River County will ensure that all vehicles purchased are accessible, purchased from an FTA approved TVM, and reported to FTA within 30 days after contract is signed. Expected outcomes: Funding will permit Indian River County to continue to provide safe and reliable public transportation service that has been impacted by multiple waves of the COViD-19 pandemic. Intended beneficiaries: Most riders are dependent on the GoLine and Community Coach to get to employment, school, medical, shopping, and tourism -related destinations. Sub -recipient Activities: None The total eligible cost is $3,804,712. The federal share is $3,804,712, which consists of $3,348,741 in FTA Section 5307 funds, and $455,971 in FY22 & FY21 FTA section 5339 capital bus replacement funds. Copies of the Florida Governor's Apportionment letters are attached for FY22 FTA Sec 5307, FY22 FTA Sec 5339, and FY21 FTA Sec 5339 programs. This supergrant will consist of $2,249,329 in capital expenditures and $1,555,383 in operating expenditures. The nonfederal share of operating expenditures (50%) will be split between $777,691.50 in FDOT grants and $777,691.50 from Indian River County. The Florida Department of Transportation has authorized toll revenue credits in the amount of $562,333 in support of this application dated August 4, 2022 (***FDOT Toll Revenue Credit letter attached`*'). Of the toll revenue credit amount, $448,340 supports the nonfederal share of 5307 capital expenditures. For the nonfederal share of FTA Section 5339 capital expenditures (bus replacement), $59,395 in toll revenue credits was awarded in FY22, and $54,598 was awarded in FY 21, with a total 5339 soft match of 155 50 S1i3;>�3. in accordance with federal regulations, a public hearing was conducted on July 5, 2W and advertised In advance. The current FY22 FDOT STIP is attached. 5307 Capital Assistance is listed in item number/ FM# 407190-2. As required, 1% of the award has been allocated to security -related projects (see ALI 11.42.09). A copy of the FTA NEPA class of action for the transit hub/restroom is attached (in the Application Documents). Indian River County will check the current listing of Transit Vehicle Manufacturers (TVM) (https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-tvms-list) to ensure each is listed as a certified TVM in compliance with FTA regulations. Indian River County will follow all 3rd party procurement policies as defined in C4220.1 F (Third Party Contracting Guidance). Indian River County will ensure contractors procured will not be on the FTA Suspension and Debarment list. Research and Development: This award does not include research and development activities. Indirect Costs: This award does not include an indirect cost rate. Suballocation Funds: Recipient organization is suballocated these apportioned funds and can apply for and receive these funds directly. Pre -Award Authority: This award is using Pre -Award Authority. Award Budget Total Award Budget: $5,360,094.00 Amount of Federal Assistance Obligated for This FTA Action (in U.S. Dollars): $3,804,712.00 Amount of Non -Federal Funds Committed to This FTA Action lin U.S. Dollars). $1,555,382.00 Total FTA Amount Awarded and Obligated (in U.S. Dollars): $3,804,712.00 Total Non -Federal Funds Committed to the Overall Award (in U.S. Dollars): $1,555,382.00 Award Budget Control Totals (The Budget includes the individual Project Budgets (Scopes and Activity Line Items) or as attached) Section of CFDA Funding Source statute Number Amount 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20567 4%3411.? 3 forward) 11339 — Buses and Bus Facilities;,, 5339'! 526r Local $7771 Local/In-Kind State $777:lI01 Fetleral $0 � 'n Development Credit $562,332') Adostment $0 Total Eligible Cost $5,360,094 (The Transportation Development Credits are not added to the amount of the Total Award Budget.) U.S. Department of Labor Certification of Public Transportation Employee Protective Arrangements: DOL Decision: DOL Concurs - Certified DOL Review Date: 9/16/2022 DOL Certification Date: 9/16/2022 Special Conditions There are no special conditions. FINDINGS AND DETERMINATIONS By signing this Award on behalf of FTA, 1 am making all the determinations and findings required by federal law and regulations before this Award may be made. FTA AWARD OF THE GRANT AGREEMENT Awarded By: Yvette Taylor Regional Administrator FEDERAL TRANSIT ADMINISTRATION U.S. DEPARTMENT OF TRANSPORTATION Contact Info: yvette.taylor@dot.gov Award Date: 9/19/2022 EXECUTION OF THE GRANT AGREEMENT Upon full execution of this Grant Agreement by the Recipient, the Effective Date will be the date FTA or the Federal Government awarded Federal assistance for this Grant Agreement. By executing this Grant Agreement, the Recipient intends to enter into a legally binding agreement in which the Recipient: (1) Affirms this FTA Award, (2) Adopts and ratifies all of the following infwrmaWn 4 twoubviftd 10 FTA: (a) Statements, (b) Representations, X57 (d) Covenants, and (e) Materials, (3) Consents to comply with the requirements of ffft FTA Award, and (4) Agrees to all terms and conditions set forthin VftGMt Agreement. Executed By: Brian Froeman MPO Staff Mador 001M RIVER, COUNTY OF "W=2 EXHIBIT C [From policy adopted by Indian River County Board of County Commissioners on February 19, 20021 "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 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid- October, since the Comptroller Division 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." 159 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. Entirety of Agreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 3. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 4. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 5. Independent Contractor: The Subrecipient is and shall be an independent contractor for all purposes under this Contract. The Subrecipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Subrecipient's sole direction, supervision, and control. 6. Assignment: This Contract may not be assigned by the Subrecipient without the prior written consent of the County. 160 TO: FROM: SUBJECT DATE: Please place the following item on the Count A►da for the did of County C4wissioners meeting on Tuesday, September 12, 2023. The Property Appraiser's office has informed us that due to the sdiedullng of the Value Adjustment Board hearings, it will be necessary for them to certify the 2023 tax roll to us prior to the conclusion of the hearings. Pursuant to Florida Statue 197,323 (see attached excerpt), I am requesting that the Indian River County Board of Couid Commissioners order the tax r+op is be extended prior to the completion of the Value Adjustment Board hearings, The statute gives the Board this authority if completion of the hearings would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1, 20A. Should you have questions or if l may be of any assistance, please feel free to oontact me at extension 1337. Thank you for your attention to this matter. Chapter 197 TAX COLLECTIONS, SALES, AND LIENS 197.323 Extension of roll during adjustment board hearings.— (1) Notwithstanding the provisions of s. 193.122, the board of county commissioners may, upon request by the tax collector and by majority vote, order the roll to be extended prior to completion of value adjustment board hearings, if completion thereof would otherwise be the only cause for a delay in the issuance of tax notices beyond November 1. For any parcel for which tax liability is subsequently altered as a result of board action, the tax collector shall resolve the matter by following the same procedures used for correction of errors. However, approval by the department is not required for refund of overpayment made pursuant to this section. 162 September 12, 2023 ITEM 8 Consent INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 12, 2023 SUBJECT: Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2023-2024 (October 1, 2023, through September 30, 2024) FROM: Kimberly K. Moirano, Commissioners' Assistant DESCRIPTION AND CONDITIONS: Commissioners sit on committees that sometimes require out -of -County travel (for example, Treasure Coast Regional Planning Council and Treasure Coast Sports Commission). Additionally, Commissioners, County Officers, and Staff may need to travel out -of -County for the following purposes: 1. to attend legislative conferences, policy conferences, and meetings scheduled by the Florida Association of Counties, National Association of Counties, and local/regional legislative programs; 2. to meet with State Representatives, State Senators, and State Agencies such as the Departments of Environmental Protection and Transportation, among others; 3. to attend the National Hurricane Conference, Florida Governor's Hurricane Conference, Florida Shore & Beach Preservation Association Conference, the Florida Governor's Conference on Tourism, and other state or regional conferences directly related to committees on which Commissioners and/or County Staff members serve; and 4. to lobby for the County's various projects (and associated grants), legislative priorities, or other proposed legislation. FUNDING: Funding for this travel has been included in the Fiscal Year 2023-2024 budget. RECOMMENDATION: Approval is recommended for Commissioners, County Officers, and Staff to travel out -of -County for current and future assigned committee meetings and the programs, meetings, and hearings listed in the Descriptions and Conditions above during the 2023-2024 Fiscal Year. 163 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney U` Of Ce Of Consent 0911212023 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Rich Szpyrka, P.E., Public Works Director FROM: William K. DeBraal, County Attorney DATE: August 31, 2023 SUBJECT: Amendment to Lost Tree Village Conservation Easement Lost Tree Village subdivision is located on 69th Street near Old Dixie Highway and the Florida East Coast Railroad tracks. The plat was recently approved by Board with certain conservation easements depicted. One of those easements is located near 69th Street and needs to be modified slightly so as to accommodate the required sidewalk to be installed along 69th Street. Some of the existing conservation easement near the sidewalk will be substituted for additional property to be included in the conservation easement near the storm water retention pond. A sketch and legal description of the revised conservation easement is attached to this memorandum. The County is not the only regulatory agency that must approve this amendment. Both St. Johns River Water Management District and the Indian River Mosquito Control District must also join in and consent to this change. Staff has no objection to this amendment of the conservation easement. Fundine. There is no impact to County funds brought about by this matter. Recommendation. Staff recommends the Board of County Commissioners approve the amendment to the conservation easement, and authorize the chairman to sign consent and joinder on behalf of the Board. Attachment. Amendment to Regulatory Conservation Easement Copies to: Steve Henderson, Esq. Stephen Melchiori, P.S.M. Rich Szpyrka, P.E., Public Works Director 164 Prepared by: Stephen R. Melchior!, PSM 9995 W. Barefoot Place Vero Beach, Florida 32963 Return recorded original to: Office of General Counsel St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177 Note to Recording Clerk: Please cross reference with OR Book 3134 Page 2422 AMENDMENT TO REGULATORY CONSERVATION EASEMENT THIS AMENDMENT TO REGULATORY CONSERVATION EASEMENT is entered into this day of , 20 , by Lost Tree Preserve Owners Association, Inc., a Florida non-profit corporation whose address is 11300 US 1., Suite 100, Palm Beach Gardens, FL 33408 ("Grantor"), and ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, whose address is 4049 Reid Street, Palatka, Florida 32177 ("Grantee"). RECITALS: WHEREAS, Grantor's predecessor in title, Lost Tree Preserve, LLC, a Florida limited liability company, executed and granted a Conservation Easement dated July 5, 2018, and recorded in Official Records of Indian River County in Book 3134, Page 2422, over certain real property situated, lying and being in Indian River County, Florida, as more particularly described therein, in accordance with District Permit No. 4-061-96932-2, ("Permit"); and (Rev. 10/27/2017) 1 165 WHEREAS, Grantor and Grantee have agreed to add additional land to the operation of the Conservation Easement, said lands being described in attached Exhibit "A;" and WHEREAS, the parties intend to ratify the remainder of the Conservation Easement which is not released herein. NOW THEREFORE, in consideration of the above and the mutual covenants, terms, conditions and restrictions contained herein, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Release. Grantor hereby grants, conveys and submits the real property described on Exhibit A to the terms and conditions of the Conservation Easement. 2. Reaffirmation. Except as specifically set forth herein, all provisions of the Conservation Easement shall remain unchanged and in full force and effect. The property described in the Conservation Easement is unaffected by this Amendment and shall continue to be bound by the terms of said Conservation Easement. 3. Purpose. The purpose of this conservation easement is to assure that the Property will be retained forever in its existing natural condition and to prevent any use of the Property that will impair or interfere with the environmental value of the Property. 4. Prohibited Uses. Except for restoration, creation, enhancement, maintenance and monitoring activities, or surface water management improvements, which are permitted or required by the Permit, the following activities and uses are expressly prohibited on the Property: (a) Construction or placing buildings, roads, signs, billboards or other advertising, utilities or other structures on or above the ground. 2 166 (b) Dumping or placing soil or other substance or material as landfill or dumping or placing of trash, waste or unsightly or offensive materials. (c) Removing or destroying trees, shrubs, or other vegetation. (d) Excavating, dredging or removing loam, peat, gravel, soil, rock or other material substances in such a manner as to affect the surface. (e) Surface use, except for purposes that permit the land or water area to remain predominantly in its natural condition. (f) Activities detrimental to drainage, flood control, water conservation, erosion control, soil conservation, or fish and wildlife habitat preservation. (g) Acts or uses detrimental to such retention of land or water areas. (h) Acts or uses detrimental to the preservation of the structural integrity or physical appearance of sites or properties of historical, architectural, archaeological, or cultural significance. 5. Reserved Rights. Grantor reserves unto itself, and its successors and assigns, all rights accruing from its ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the Property, that are not expressly prohibited herein and are not inconsistent with the purpose of this Conservation Easement. 6. Rights of Grantee. To accomplish the purposes stated herein, Grantor conveys the following rights to Grantee: (a) To enter upon and inspect the Property in a reasonable manner and at reasonable times to determine if Grantor or its successors and assigns are 3 167 complying with the covenants and prohibitions contained in this conservation i easement. (b) To proceed at law or in equity to enforce the provisions of this conservation easement and the covenants set forth herein, to prevent the occurrence of any of the prohibited activities set forth herein and require the restoration of areas or features of the Property that may be damaged by any activity inconsistent with this conservation easement. 7. Grantee's Discretion. Grantee may enforce the terms of this conservation easement at its discretion, but if Grantor breaches any term of this conservation easement and Grantee does not exercise its rights under this conservation easement, Grantee's forbearance shall not be construed to be a waiver by Grantee of such term, or of any subsequent breach of the same, or any other term of this conservation easement, or of any of the Grantee's rights under this conservation easement. No delay or omission by Grantee in the exercise of any right or remedy upon any breach by Grantor shall impair such right or remedy or be construed as a waiver. Grantee shall not be obligated to Grantor, or to any other person or entity, to enforce the provisions of this conservation easement. 8. Grantee's Liability. Grantor will assume all liability for any injury or damage to the person or property of third parties which may occur on the Property arising from Grantor's ownership of the Property. Neither Grantor, nor any person or entity claiming by or through Grantor, shall hold Grantee liable for any damage or injury to person or personal property which may occur on the Property. 9. Acts Beyond Grantor's Control. Nothing contained in this conservation easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control, including, without limitation, fire, flood, storm and earth movement, or from any necessary action taken by Grantor under emergency conditions to prevent, abate or mitigate significant injury to the Property or to persons resulting from such causes. 10. Recordation. Grantor shall record this Amendment to Regulatory Conservation Easement in timely fashion in the Official Records of Indian River County, Florida, and shall rerecord it at any time Grantee may require to preserve its rights. Grantor shall pay all recording costs and taxes necessary to record this Amendment to Regulatory Conservation Easement in the public records. Grantor will hold Grantee harmless from any recording costs or taxes necessary to record this Amendment to Regulatory Conservation Easement in the public records. 12. Successors. The covenants, terms, conditions and restrictions of this conservation easement shall be binding upon, and inure to the benefit of the parties hereto and their respective personal representatives, heirs, successors and assigns and shall continue as a servitude running in perpetuity with the Property. Grantee will hold this conservation easement exclusively for conservation purposes. Grantee will not assign its rights and obligations under this conservation easement. (The remainder of this page is intentionally blank.) 5 169 ISN WITNESS WHEREOF, the parties have executed this Amendment to Regulatory Conservation Easenmot on the day and year first above written. Signed, sealed and delivered GRANTOR: in our presence as witnesses: Lost Tree Preserve Owners Association, Inc. , i So"re: Ted Nam•�-. ,., By: 3 Prin Tits. �j L Printed Name: V i 'i n4 Vt it ;/i STATE OF FLORIDA COUNTY OF {t.►n' The foregoing instrument was acknowledged before me, by Charles H. Stevens, President of Lost Tree Preserve Owners Association, Inc. a Florida Corporation by ans of physical presence or 11 online notarization, this _ day of 20; by iNI&I . who did not take 40milt. _. N6tA PubW, $tate of FI KATHLEEN hi. GARU 1 at Large. MYCOMM N # G13 933018 EXPIRES: Feb y 25.2024 ilftn 8"" Tku NOWY MY Aft Serial No, Personally known OR produced identification , Identification produced 170 Attest: Name: Mary Ellen Winkler Title: General Counsel St. Johns River Water Management District 4049 Reid Street Palatka, FL 32217-2529 STATE OF FLORIDA COUNTY OF PUTNAM GRANTEE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT Name: Ann B. Shortelle, Title: Executive Director St. Johns River Water Management District 4049 Reid Street Palatka, FL 32177-2529 [SEAL] B"10 The foregoing instrument was acknowledged before me, by means of ❑ physical presence or ❑ online notarization, this day of , 2020, by Ann B. Shortelle, Ph.D., the Executive Director of the St. Johns River Water Management District, a public body existing under Chapter 373, Florida Statutes, on behalf of the District. She is personally known to me. Notary Public, State of Florida at Large. My Commission Expires: Serial No. 7 171 Parcel F Area to be added to the Conservation Easement A portion of Tract C, Lost Tree Preserve PD, Pbme:j..vatecorded in Plat Book 30, Pages I thru 8, Public Records of Indian River County, PkcW- Conambe at the northwest comer of said Tract C, said,point also being the northeasterly comer ofTUAD as depicted on said plat of Lost Tree Preserve PD, Phase 1. SWd Tract B being a portion of** Conservation Easement recorded in Official Record Book 3134, Page 2422, Public Records otUdian Rim Coun% Florida, thence along the north boundary of said Tract C, S89M'1 V%, for a distance of `14410 th point of beginning; thence watimm S8922'1 1"F, along WdMth line of said Itut C, for a distance OfSA1611; thence, S29031"13"K fa a distance of 14.76',- thence,- 826"34'56"E, for a distance thence 529 '34"1 for a distance of 10.51% thence, SMAF30"lk for a distance off I thence, S41"43'54"F, for a distance of 13.73'- thence, %3'058'30"P, for a distance atIMM, dwace, 507*21.48"W, for a distance ofXW; thence, 333054'04"F, for a distance of2t*; thence S06*14144"F, for a distance of 10M; thence, S3M41M for a distance of 9.jW; thence, SWWWW"W, for a distance of 15.00% thence, 929W"IM for a distance of 21.14; thence S210MMM for a distance of 19.00% thence, S45*46'31*W, for a distance of 263P, thence, SMS'20"W, for a distance of - 43V; Thence, S8903111"W, for a distance of 39.96 , thence, N73047W"W, for a distance of 14M,- thence, N75*21"W"2 , Ina di stanw-lot-KVI; thence S6"1'37"W, fDr a distance of LW; thence, SWO*+ W. for a dunce OVUM thence, N37014'02"W. for a distance of2lAS'; thenm NGV%4'2M for a doome of*.IT-; thence, S4301VI7"E, for a distance of 14.75 *'thence, fbence, MOM -12.1M for a djobaft of S'; thence, NO3,053-30"Wfiwadism=of"".,dmceNII"17'13*W, for ajibithilice of4SJV.- thence, N22'2r44"W for a distance of S1.7W lathe point of beginning. Saij)*cel contdn 8,015 square fed tnorefor less. 4. in V.J. LJ I 1- i V.J. LJ 1- William K. DeBraal, County Attorney Susan J. Prado, DeputyCounty Attorney Office of Consent 0911212010 INDIAN RIVER COUNTS ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Richard B. Szpyrka,. P.E. Public Works Director FROM: William K. DeBraal, County Attorney DATE: September 6, 2023 SUBJECT: Water and Sewer Easement to City of Vero Beach for Jackie Robinson Training Complex BACKGROUND: The City of Vero Beach provides water and sewer services to the Jackie Robinson Training Complex owned by the County. New utility lines need to be installed to connect to housing at the Training Complex. In order to install these new lines, a utility easement needs to be granted from the County to the City. The attached Water and Sewer Easement Deed has been approved by the County Surveyor and is approved as to form and legal sufficiency by the County Attorney's Office. FUNDING: There is no expenditure of County funds associated with this matter. RECOMMENDATION: Staff recommends the Board of County Commissioners approve the attached Water and Sewer Easement Deed and authorize the Chair to sign the easement. ATTACHMENTS: Water and Sewer Easement Deed Copies to: John Turner, City Attorney Todd Young, City of Vero Beach Senior Engineering Designer Richard B Szpyrka, P.E. Public Works Director Michael Zito, Deputy County Administrator 176 Prepared by and return to: City Attorney P.O. Box 1389 Vero Beach, FL 32961-1389 Property Appraiser's Parcel Identification No: 32392600011023000001.0 WATER & SEWER EASEMENT DEED (#2021 -EG -265) THIS INDENTURE made and entered into this day of 2023, ("Effective Date") by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "Grantor"), whose mailing address is 1801 27ffi Street, Vero Beach, Florida 32960, and the CITY OF VERO BEACH, a Florida municipal corporation (the "Grantee"), whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389. (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors, and assigns). WITNESSETH: That Grantor is the owner in fee simple of that certain real property located at 390126' Street (also known as the "Jackie Robinson Training Complex"), lying, situate, and being in Indian River County, Florida, as being more particularly described as: See attached Exhibit "A" (hereinafter the "Property"). That Grantor, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the Grantee exclusive easements in perpetuity through, on, under and across the Property for water and sewer purposes, which easements shall be as more particularly described in Exhibit "B" and Exhibit "C" (hereinafter "Easements"), attached hereto and incorporated herein by reference, and which Easements shall run with and be a burden upon the Property. Notwithstanding the foregoing, Grantor covenants to limit its improvements, construction, installations, equipment, and plantings (collectively hereinafter "Improvements") on and in the Easements to those existing on the Effective Date hereof. In order to facilitate the orderly development of the Property, avoid damage or disruption to Grantee's utility facilities, and avoid injury or death to persons, Grantor further covenants that it shall not construct, install, or allow the construction or installation of any other or additional improvements or installations of any kind or nature on or in the Easements without prior review and approval by Grantee's water & sewer department. Page 1 of 3 M Departments\Water & Sewer\EASEMENTS\2021\2021.8.9.IRC.#2021-EG-265.rev.8.8.23.docx 177 Grantor further grants to the Grantee, as part of these Easements, a general easement for ingress, egress, and regress over and across the driveways, parking, common, and open areas of the Property for the purpose of access to and maintenance, repair, or replacement of any or all of Grantee's equipment, water improvements, or related facilities. Grantee shall cause the restoration of any disturbance to or upon the Property and repair any damage to Grantor's Improvements (which shall only include those Improvements existing on the Effective Date and those subsequently constructed or installed with Grantee's approval pursuant hereto) caused by the acts or omissions of Grantee, its employees, agents, or contractors, which restoration and repair shall be completed without expense to Grantor. Grantee shall not be otherwise responsible for maintenance, restoration, or repair of the Property or Easements or any Improvement or other installation thereon or therein. The undersigned hereby covenants and warrants that Grantor owns the said land described herein and the undersigned, as or on behalf of Grantor, has the right to grant these Easements. IN WITNESS WHEREOF, the Grantor has duly authorized and caused this Indenture to be executed in its name as of the day and year first herein written. ATTEST: By: Deputy Clerk (Official Seal) Approved as to form and legal sufficiency: Bill Debraal, County Attorney GRANTOR: INDIAN RIVER COUNTY, FLORIDA, By its Board of County Commissioners Joe Earman, Chairman BCC approved: Page 2 of 3 NADepartments\Water & Sewer\EASEMENTS\2021\2021.8.9.IRC.#2021-EG-265.rev.8.8.23.docx 178 ACCEPTANCE OF CONVEYANCE The foregoing conveyance is hereby accepted by the City of Vero Beach, Florida, as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. ATTEST: Tammy K. Bursick City Clerk (SEAL) GRANTEE: CITY OF VERO BEACH, a Florida municipal corporation Monte K. Falls, P.E. City Manager Date: ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency Approved as to technical requirements: for COVB only: John S. Turner City Attorney Approved as to technical requirements: Matthew T. Mitts, P.E. Director, Public Works Robert J. Bolton, P.E. Director, Water & Sewer Page 3 of 3 NADepartmentsMater & Sewer\EASEMENTS\2021\2021.8.9.IRC.#2021-EG-265.rev.8.8.23.docx 179 EXHIBIT "A" LEGAL DESCRIPTION PARCEL 1-C (COMBINED PARCELS 1 AND 2) A PARCEL OF LAND LYING IN SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST, PROCEED NORTH 89°45'39" WEST, A DISTANCE OF 1997.62 FEET TO A POINT; THENCE SOUTH 04'15'11 " WEST, A DISTANCE OF 30.07 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF AIRPORT DRIVE (A/K/A 34TH AVENUE, A 90 FOOT RIGHT-OF-WAY) SAID POINT BEING THE POINT OF BEGINNING, THENCE CONTINUE ALONG SAID WESTERLY RIGHT-OF-WAY LINE SOUTH 10036'49" WEST, A DISTANCE OF 37.55 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE WEST, HAVING A RADIUS OF 1125.14 FEET AND A CENTRAL ANGLE OF 09030'08"; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 186.60 FEET; THENCE SOUTH 20°06'57" WEST, A DISTANCE OF 82.11 FEET TO THE POINT OF CURVATURE OF A TANGENT CURVE, CONCAVE TO THE EAST, HAVING A RADIUS OF 1825.86 FEET AND A CENTRAL ANGLE OF 19054'25"; THENCE SOUTH ALONG SAID CURVE, A DISTANCE OF 634.38 FEET; THENCE SOUTH 00012'32" WEST, A DISTANCE OF 55.06 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF INDIAN RIVER FARMS DRAINAGE DISTRICT MAIN CANAL (300 FOOT RIGHT-OF-WAY); THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE SOUTH 69022'53" WEST, A DISTANCE OF 482.50 FEET; THENCE NORTH 15°50'35" WEST, A DISTANCE OF 50.17 FEET TO A POINT 50.00 FEET NORTH OF AFORESAID MAIN CANAL NORTH RIGHT- OF-WAY LINE; THENCE SOUTH 69022'53" WEST ALONG SAID LINE PARALLEL AND 50.00 FEET NORTH OF SAID MAIN CANAL NORTH RIGHT-OF-WAY LINE, A DISTANCE OF 1001.21 FEET; THENCE NORTH 18°15'26" WEST, A DISTANCE OF 386.46 FEET; THENCE NORTH 63053'04" WEST, A DISTANCE OF 476.06 FEET; THENCE NORTH 89045'39" WEST, A DISTANCE OF 414.56 FEET; THENCE NORTH 00014'21" EAST, A DISTANCE OF 876.82 FEET TO A POINT 30.00 FEET SOUTHERLY OF THE NORTH LINE OF SECTION 3, TOWNSHIP 33 SOUTH, RANGE 39 EAST; THENCE SOUTH 89°45'39" EAST ALONG A LINE BEING 30.00 FEET SOUTHERLY OF AND PARALLEL WITH SAID SECTION LINE, A DISTANCE OF 2557.93 FEET TO THE POINT OF BEGINNING. CONTAINING 61.75 ACRES MORE OR LESS. NADepartments\Water & Sewer\EASEMENTS\202 1 \2021.8.9.IRC.#2021 -EG-265.rev. 8.8.23.doex 180 Property Description Water Easement #2021 -EG -265 August 9, 2021 EXHIBIT "B" PROPERTY DESCRIPTION WATER EASEMENT #2021 -EG -265 PARCEL #32-39-26-00011-0230-00001.0 Situated in the State of Florida, County of Indian River, City of Vero Beach and being a part of Section 03, Township 33 South, Range 39 East, and being more particularly bounded and described as follows: A 15' wide water easement lying 7.5 feet on each side of the following described centerline: Commencing at the northwest corner of Section 03, Township 33 South, Range 39 East; Thence South 89°45'39" East along the north line of said Section 3 for a distance of 2450.05 feet the Point of Beginning and centerline of said water easement; Thence from the Point of Beginning, run South 20°57'27" West for a distance of 30.30 feet; Thence South 00°28'51" East for a distance of 322.58 feet to Point "A"; Thence South 89°31'09" West for a distance of 59.37 feet; Thence returning to Point "A", run South 00°28'51" East for a distance of 169.95 feet to Point "B"; Thence North 89044'55" West for a distance of 213.72 feet; Thence North 00°15'05" East for a distance of 7.50 feet; Thence returning to Point "B", run South 00028'51" East for a distance of 137.85 feet to Point "C"; Thence South 89°31'09" West for a distance of 41.94 feet; Thence returning to Point "C", run South 00°28'51" East for a distance of 108.03 feet to Point "D"; feet; Thence continue South 00°28'51" East of Point "D" for a distance of 209.30 feet; Thence returning to Point "D", run South 89031'09" West for a distance of 12.09 Thence South 29°04'58" West for a distance of 75.95 feet; Thence South 00°40'26" East for a distance of 52.58 feet to Point "E"; Sheet 1 of 3 181 Thence South 89°19'35" West for a distance of 18.19 feet; Thence returning to Point "E", run South 00040'26" East for a distance of 4.50 feet; Thence North 89019'35" East for a distance of 22.14 feet; Said easement containing 21,840 square feet or 0.5 acres more or less. Note- The side lines of the above described easement are to be shortened or prolonged to meet at angle points and section line. i - 1 David Gay, PSM O Z'41! i t Sheet 2 of 3 182 e. i {{ DOIAN RIVER COUNTY PARCEL / 3P-39-34-00001-0140-00001.0 .. RIVER COUNTY �-74('= / 34-39-26-00011-0210-00001.4 souTH sEctroN LwE 34-32-39 S89°45'39"E 2450.05'NORTH SECININ LIE W-33-39INDIAN IT RIVER COUNTY PARCEL / 32-39—i9-00 011-0310-0 00 01.3 RIPER COUNIYMIAN AROEL / 32-39-26-00011-0310-4100M.3' .. . . POINT OF COMMENCEMENT r POINT OF BEGINNING NW CORNER SECTION 03-33-39 ` S20°5727"W 30.30' j ,. SUBJECT EASEMENT ; (15' WATER). ° „ S00 28 51 E ( 322.58' SCALE 1" 120' INDIAN RIVER COUNTY I' � _ I 3901 26TH STREET ( 15' �. PARCEL # 32-39-26-00011-0230-00001.0 S89°31'09"W 59.37' 1 POINT "A" S00°28'51 "E N89°44'550W 169.95' N00'15'0� 213.72' `�1::..,... POINT "B" ° S00 28'51"E 137.85' S89°31'09"W 41.94, POINTOCR: S00'&' 51'E 108.03' S89°31`09"W 12.09, POINT"IS" S29°04'58"W �,:.... . ° Y + 75.95' SOQ°40'26"EpS 52.58'.`` E `• ' �• "E" :. POINT S00°28`51"E `� 209.30' 7 S89°19'35"W $ 'y 18.19' 0 ca S00 40'26"E 4.50' N89° 19'35"E 22.14. j. DAVID GAY, THIS SKETCH IS NOT A SURVEY SHEET 3 OF 3 I- CITY OF VERO BEACH ... SKETCH OF PROPERTY DESCRIPTION EXHIBIT "B'" '� Na AU O1R991BV I DEPARTMENT OF PUBLIC WORKS CrFY PROJECT N0L DRYM,BY 1E 2021—Ec-. 6a — WATER EASEMENT SURVEY & : ENGINEERING DIVISION 0➢ 2021 :. 7M:: PORTION OF .SECTION. 03-33 39:cHNo .. _... ___ _. ::183 Property Description Sewer Easement #2021 -EG -265 August 9, 2021 EXHIBIT "C" PROPERTY DESCRIPTION SEWER EASEMENT #2021 -EG -265 PARCEL #32-39-26-00011-0230-00001.0 Situated in the State of Florida, County of Indian River, City of Vero Beach and being a part of Section 03, Township 33 South, Range 39 East, and being more particularly bounded and described as follows: A 20' wide sewer easement lying 10.0 feet on each side of the following described centerline: Commencing at the northwest corner of Section 03, Township 33 South, Range 39 East; Thence South 89045'39" East along the north line of said Section 3 for a distance of 2373.98 feet the Point of Beginning and centerline of said sewer easement; Thence from the Point of Beginning, run South 00°13.46" West for a distance of 473.84 feet to Point "A",- Thence A"; Thence North 89°20'27" West for a distance of 266.18 feet; Thence returning to Point "A", run South 00°13'46" West for a distance of 299.73 feet to Point "B"; feet; Thence North 57°37'23" East for a distance of 246.72 feet; Thence returning to Point "B", run South 82°54'06" West for a distance of 254.39 Said easement containing 30,375 square feet or 0.70 acres more or less. Note: The side lines of the above described easement are to be shortened or prolonged to meet at angle points and section line. S:\Property Descriptions\2021\2021-EG-265_Sewer Esmt_Aug 9 2021 doc Sheet 1 of 2 o Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners Through: John A. Titkanich, Jr. County Administrator From: Kristin Daniels Director, Office of Management & Budget Date: August 31, 2023 Subject: Miscellaneous Budget Amendment 08 Description and Conditions: The 2022/2023 fiscal year ends September 30, 2023. All budget amendments must be completed within sixty (60) days after the close of the fiscal year to be in compliance with Florida Statues. Staff is requesting the Board of County Commissioners to Authorize the Budget Director to complete any necessary budget amendments for balancing the budget for the 2022/2023 fiscal year. Any necessary adjustments made will be presented before the Board of County Commissioners for ratification. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2022/2023 budget. 186 RESOLUTION NO. 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR, THE DEPUTY COUNTY ADMINISTRATOR OR THE DIRECTOR OF THE OFFICE OF MANAGEMENT & BUDGET OR THEIR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO AMEND THE FISCAL YEAR 2022- 2023 BUDGET DURING THE PERIOD COMMENCING NOVEMBER 15, 2023, THROUGH AND INCLUDING NOVEMBER 29, 2023. WHEREAS, Section 101.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; WHEREAS, it is necessary to delegate signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator, the Deputy County Administrator, and the Director of the Office of Management and Budget to be able to make any necessary amendments to the Fiscal Year 2022-2023 budget prior to the closing of the fiscal year; and WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2022-2023 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes or by the designated budget officer if the total appropriations of the fund does not change; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY THAT: 1. The County Administrator, the Deputy County Administrator, and the Director of the Office of Management & Budget or their designee are authorized to execute all documents necessary to amend the Fiscal Year 2022-2023 budget, which may arise during the period commencing November 15, 2023, through and including November 29, 2023, provided that all such documents signed during such interval are brought to the Board of County Commissioners for ratification. 2. The Effective Date of this Resolution is September 12, 2023, and this Resolution shall expire without further action of this Board at the close of business on November 29, 2023. The foregoing resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Deryl Loar Commissioner Joseph E. Flescher Commissioner Laura Moss 187 RESOLUTION NO. 2023 - The Chairman thereupon declared the resolution duly passed and adopted this _ day of , 2023. ATTEST: Ryan L. Butler Clerk of Circuit BOARD OF COUNTY COMMISSIONERS Court and Comptroller OF INDIAN RIVER COUNTY, FLORIDA By: By: Ryan L. Butler, Clerk Joseph H. Earman, Chairman 2 Approved as to form and legal sufficiency By: William K. DeBraal, County Attorney 188 Resolution No. 2023 - Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 08 i Type Fund/ Department/Account Name Account Number Increase Decrease i i i Intentionally Left Blank i I i i w i I i loft 189 Nil CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 31, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024002 — Annual Bid to Furnish and Deliver Polymer BACKGROUND: On behalf of the Utility Services Department, sealed bids were solicited to establish firm, fixed priced for the delivery of Polymer on an as needed basis. Polymer is used to physically and chemically flocculate the waste sludge so that it can be dewatered at the facility prior to being hauled to the Residuals Dewatering Facility (RDF) for further treatment. The polymer assists in settlement of suspended solids to reduce the volume of sludge that is hauled to the RDF. The current agreement with Polydyne was awarded by the Board on September 15, 202o, and expires on September 30, 2023. ANALYSIS Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by: Replies: July 26, 2023 August 25, 2023 95 Subscribers 8 Firms 1 Firm VWA Contractor Location Total Annual Bid Polydyne, Inc. Riceboro, Ga $80,883 Polydyne, Inc. is considered to be the lowest, responsive, responsible bidder. They are our current provider, and the department is satisfied with the level of service and product they receive. FUNDING• To date, Utilities has spent approximately $63,733 on Polymer. This bid prices reflects a 5.2% increase per gallon in cost compared to last year's rates. Fiscal Year Price Per Gallon Approximate Annual Cost % Change 2022/2023 $13.98o/gallon $74,98o 5.2% 2023/2024 $14.7o6/gallon $78,874 Increase/gallon 190 CONSENT Expenses, in the amount of $91,000, for this contract are budgeted in the Utilities/Wastewater Treatment/Chemicals account, number 47121836-035230, for Fiscal Year 2023/2024. Account Name Account Number 4 FY 23/24 Budget Utilities Wastewater Treatment Chemicals 1 47121836-035230 $91,000 RECOMMENDATION: Staff recommends the Board award Bid 2024002 to Polydyne, Inc., and authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2023 through September 31, 2024. Staff also recommends the Board authorize the Purchasing Manager to renew this bid, under the same terms and conditions for two additional one- year periods subject to satisfactory performance, vendor acceptance, and determination by the Utilities Department that renewal of this annual bid is in the best interest of Indian River County. 191 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 31, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024001— Annual Bid for Hydrofluosilicic Acid BACKGROUND: On behalf of the Utility Services Department, sealed bids were solicited to establish firm, fixed priced for the delivery of Hydrofluosilicic Acid (Fluoride) on an as needed basis. Indian River County Department of Utility Services (IRCDUS) has two (2) water production facilities that use Hydrofluosilicic Acid (Fluoride) for the treatment of water before it is sent to our customers. Fluoride is added to the finished water per FDEP permit requirements, and is used to help keep teeth strong and reduce the incidence of tooth decay. The current agreement with Harcros Chemicals, Inc. was awarded by the Board on September 10, 2021, and expires on September 30, 2023. ANALYSIS: Advertising Date: July 26, 2023 Bid Opening Date: August 25, 2023 Solicitation Broadcast to: 118 Subscribers Bid Documents Requested by: 6 Firms Replies: 1 Firm Contractor Location Total Annual Bid Univar Solutions USA, Inc. Kent, WA $3o, 8o Univar Solutions, Inc. is considered to be the lowest, responsive, responsible bidder. FUNDING• To date, Utilities has spent approximately $24,531 on Fluoride. This bid prices reflect a 3.25% increase in cost compared to last year's rates. Increased water production is expected for FY 23/24 as a result of the Oslo Water Plant Improvement Project, and will necessitate the need for increased fluoride usage. FY 22/23 Price FY 23/24 Price o Change $3.69 allon $3.81gallon 3.25% Increase 192 CONSENT Expenses, in the amount of $37,000, for this contract are budgeted in the Utilities/Water Production Chemicals account, number 47121936-035230, for Fiscal Year 2023/2024. Account Name I Account Number FY 23/24 Budget Utilities Water Production Chemicals 1 47121936-035230 $37,000 RECOMMENDATION: Staff recommends the Board award Bid 2024001 to Univar Solutions USA, Inc., and authorize the Purchasing Division to issue blanket purchase orders for the period of October 1, 2023 through September 31, 2024. Staff also recommends the Board authorize the Purchasing Manager to renew this bid under the same terms and conditions for two additional one-year periods subject to satisfactory performance, vendor acceptance, and determination by the Utilities Department that renewal of this annual bid is in the best interest of Indian River County. 193 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: August 31, 2023 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2023056 — Annual Bid for Fiber Optic Engineering, Design, Material, Supplies and Installation BACKGROUND: On behalf of the Information Technology Department, annual bids were requested to establish fixed pricing for the procurement, installation, integration, repair and support services for the County's enterprise network system on an as needed basis. The current agreement with Gerelcom, Inc. will expire on September 30, 2023. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Obtained by: Replies: June 23, 2023 July 25, 2023 590 Subscribers 13 Vendors 3 Vendors Firm Location Bore Tech Utilities & Maintenance, Inc. Miami Precision Contracting Services, Inc. Jupiter Gerelcom, Inc. Port St. Lucie A ILIAI VCIC. All three vendors have been determined by the Department to be responsive and responsible. To enable efficient repair in cases where one vendor may not be able to respond, staff would like to enter into agreements with all three firms. Individual item pricing for all three vendors is available in the Purchasing Division. Services are obtained from the vendor with the lowest pricing, whenever possible. 194 The bid pricing reflects an average increase of 85% over the pricing on the current agreement, primarily due to inflation and labor shortages in the industry. Funding for services performed under this agreement may come from a variety of sources depending upon the nature of the work. However, most often the funding will come from these two sources: Account Number Account Description 50524113-033190 Information Technology/ Information Systems/ Other Professional Services 50224619-034530 Self -Insurance/ Risk Management/ General Liability Insurance RECOMMENDATION: Staff recommends the Board award Bid 2023056 to Bore Tech Utilities & Maintenance, Inc., Precision Contracting Services, Inc., and Gerelcom, Inc., approve the sample agreement, and authorize the Chairman to sign the agreement after review and approval by the County Attorney as to form and legal sufficiency, and receipt and approval of the required insurance by the Risk Manager. Attachment Sample Agreement 195 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: Fiber Optic Engineering, Design, Material, Supplies and Installation ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents maybe the whole or only a part is generally described as follows: Project Name: Annual Bid for Fiber Optic Engineering, Design, Material, Supplies and Installation Bid Number: 2023056 Project Address: Various throughout Indian River County ARTICLE 3 - TERM The term of the agreement is one year, with four additional one-year extensions available, subject to mutual agreement and determination that extension is in the Owner's best interest. Extensions will be offered 90 days prior to the end of the current contract term. CLE 4 - CONTRACT PRICE 4.01 Work shall be completed at the prices provided in the Contractor's bid, attached hereto as Exhibit 2. Where demonstrated to the County's satisfaction, unit prices may be adjusted annually by the Consumer Price Index -All Urban Consumers for the South Region ("CPI -U, South Region"), or in rare cases by extreme fluctuations in manufacturers' pricing (e.g. rapid run-up in price of copper). Any change to unit prices must be requested in writing, and with sufficient supporting documentation, no less than 60 days in advance of the proposed effective date, and must be approved by amendment to this agreement. The County will not unreasonably withhold approval of such increases that can be adequately verified. 4.02 Whenever the term "Work Authorization" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by the Owner, by which the Owner accepts Contractor's proposal for specific services and Contractor indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Purchase Order must be fully executed by the Owner, and will reference this bid and the Contractor's proposal. 4.03 All services provided by the Contractor for the Owner shall be identified in Work Authorizations and performed in a timely, efficient, cost effective manner. Work Authorization shall include a description of services to 196 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; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Purchase Order that does not conflict with the terms of this Agreement. 4.04 Services related to any individual Work Authorization which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by a Work Authorization shall be Services for which the Contractor must obtain the prior written approval of the Owner as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written amendment to the Work Authorization, executed by both the Contractor and the Owner. 4.05 A Work Authorization shall not give rise to any contractual rights until it meets the foregoing requirements. Each specific Work Authorization, as approved by the Owner, shall be an addendum to this Agreement. Nothing contained in any Work Authorization shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated in each individual Work Authorization as if fully set forth therein. ARTICLE 5 - PAYMENT PROCEDURES 5.01 Invoices Contractor shall submit original invoices electronically, with all necessary backup, to the Information Services & Telecommunications (IS&T) Division. The IS&T Division will utilize the duplicate invoice copy to validate the billing invoice and effect the correct payment amount through the Finance Department. All billing invoices submitted to the County shall contain the following documentation and information: a. Location (County work center and complete address) where work was performed b. Owner -issued Purchase Order (PO) number c. Name of the IS&T Division representative generating the service request d. Contractor's trouble ticket number or T&M work sheet identification number e. Description of T&M work activity actually performed or a description of trouble clearance. A List of all material used to complete the work request or trouble AND a copy of receipt(s) from Contractor's supply source depicting actual cost of material provided to complete the work request. f. Job start date, end date and time g. Test results completed after installation as specified in Specifications, Section 7.2.5 h. The IS&T Division is required to validate the accuracy of all billing invoices before payment authorization can be made; therefore, billing invoices received which do not contain the required information will result in a delay in payment. Invoices which cannot be validated by the Owner shall not be paid. 5.02 Method of Payment Owner shall make only one payment for the entire amount of each work order, when the work has been completed. Upon a determination of satisfactory completion, the Owner's Project Manager will authorize payment to be made. All payments for services shall be made to the Contractor by the Owner in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.03 Acceptance of Final Payment as Release 2 197 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 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, or the Invitation to Bid. 5.04 Monthly Statements The Contractor shall electronically provide the IS&T Division Manager with a monthly account statement. Account statements shall contain a detailed listing of all invoices presented to the Owner with an indication of the status (paid or unpaid) of each invoice. 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. F. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents. 198 G. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. Contractor has given Owner written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Owner is acceptable to Contractor. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e- verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. 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) Work Authorizations/Purchase Orders (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2023056; (5) Addendum 1; (6) Contractor's Bid Form; (7) Qualifications Questionnaire; (8) Drug Free Workplace Form; (9) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (10) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (11) Certification Regarding Lobbying; (12) Indian River County Fiber Infrastructure Non -Disclosure Acknowledgement (13) Written Amendments, executed by both parties, which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto. ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such 4 199 consent (except to the extent that the effect of this restriction maybe limited bylaw), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party againstthe other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the 200 Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@ircgov,com Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 10 — 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: (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. (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 M 201 (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. B. Further Compliance with the Contract Work Hours and Safety Standards Act: (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. C. Clean Air Act and Federal Water Pollution Control Act: (1) Clean Air Act. (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (b) The contractor agrees to report each violation to the Owner and understands and agrees that the Owner will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (2) Federal Water Pollution Control Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 7 202 (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. D. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by Owner. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to Owner, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. E. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. F. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G. 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 8 203 on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115- 232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or E 204 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. H. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. I. Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide Owner, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the Owner and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. J. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The contractor shall include this provision in any subcontracts. K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. L. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. M. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. N. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 10 205 O. License and Delivery of Works Subject to Copyright and Data Rights: 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 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. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by Contractor and shall provide the Owner with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the Owner may have under this Contract or under law: (1) if in the Owner's opinion Contractor is improperly performing work or violating any provision(s) of the Contract Documents; (2) if Contractor neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the Owner's opinion Contractor's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if Contractor assigns this Contract or any money accruing thereon or approved thereon; or (5) if Contractor abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for Contractor or for any of his property. B. Owner shall, before terminating the Contract for any of the foregoing reasons, notify Contractor in writing of the grounds for termination and provide Contractor with ten (10) calendar days to cure the default to the reasonable satisfaction of the Owner. C. If the Contractor fails to correct or cure within the time provided in the preceding Sub -Article B, Owner may terminate this Contract by notifying Contractor in writing. Upon receiving such notification, Contractor shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the Owner may authorize Contractor to restore any work sites. D. The Contractor shall be liable for: (1) any new cost incurred by the Owner in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by Owner to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: Owner may at any time and for any reason terminate Contractor's services and work for Owner's convenience. Upon receipt of notice of such termination Contractor shall, 11 206 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. 12 207 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: Dan Russell Director, Information Technology 1801 27th Street, Vero Beach, FL 32960 772-226-1698 drussell@ircgov.com 13 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.) 208 Exhibit 1 to the Agreement — Specifications The term "Asset Owner" in this Exhibit refers to the owner of the fiber assets, or other electronic equipment assets that are being serviced under any order resulting from this solicitation. Indian River County is soliciting this bid on its own behalf, but it is anticipated any award will also be utilized by the members of the Indian River Fiber Consortium ("Consortium"), which includes the County, the City of Vero Beach, and the Indian River County School District. No work may be completed on any Owner's assets without prior project -specific coordination with and authorization by that Owner. This is not an exclusive agreement. Owner may, at its discretion, secure the services of other vendors for the work content represented in this agreement. Owner may also contract with vendors who have been awarded groups in this bid under other contract arrangements and price structures, such as in cases in which simple unit pricing is not the most advantageous method of procurement. Responsibilities Owner's Responsibilities Owner shall: 1. Order services on an as needed basis, by issue of a physical purchase order, or verbal issue of a (five - digit) purchase order number in cases of emergency. 2. Provide access to the work area. 3. Designate a Project Supervisor, which shall have the responsibility to ensure compliance with contract requirements, such as, but not limited to, inspection and acceptance. 4. Inspect the service upon completion of work to ensure that the work is acceptable. 5. Reserve the right to require the removal of any of the Contractor's employees from the project, if in the Owner's judgement, such removal is necessary to protect the Owner's interest. Contractor's Responsibilities The Contractor shall: 1. Coordinate all activities with the Owner's Project Supervisor on a daily basis. 2. Not substitute from the agreed upon installation plan or repair method, as well as the equipment to be used without prior written approval in the form of a Purchase Order Change Order. 3. Ensure that all equipment operators (including subcontractors) are competent in the use of assigned equipment. 4. Ensure that all personnel (including subcontractors) are in uniform at all time, and have on their body all of the required identification required within the contract. 5. Maintain a clean and professional work environment at all times. 6. Use full-time permanent employees for all of the following: a. PE services b. CADD services c. GIS services d. Clerical services e. ROW strand mapping, design and permitting f. Fiber optic cable installation g. Fiber optic cable terminating, splicing and testing Utilization of Subcontractors The use of subcontractors on the contract shall be strictly restricted to the following: 14 209 1. Conduit installation — hand trenched, machine trenched or bridge mounted 2. Directional boring 3. Direct bury by plowing 4. Pull box installation 5. Pull box concrete installation 6. Innerduct installation 7. Pole riser installation 8. Detectable marking tape installation 9. Concrete pole installation 10. Communication or device cabinet installation 11. Route marker or ROW marker post installation 12. NexusWorx Data Entry 13. BICSI/RCCD services Protection of Information All information provided to the Contractor and its assignees in reference to work proposed or performed for the Owner, such as Organizational Data Network, ISP or OSP fiber optic infrastructure (topology, routes, segments, layout, or fiber connectivity points), Electronic Data, Printed Materials, GIS Shape Files, or Maps provided to the Contractor or any member of the Contractor's organization, is of a confidential and security sensitive nature, per U.S. Homeland Security requirements. No information may be disclosed, disseminated, or otherwise allowed to be accessed by unauthorized personnel, without the specific written authorization of County and/or Owner. Acceptance of a formal Non -Disclosure Agreement (NDA) is a prerequisite to commencement of work. Permitting and Licensure Requirements In addition to permits through Indian River County's Building Division, the Contractor may be required to obtain permits for work under this bid from the Florida Department of Transportation, and/or Florida East Coast Railroad. The price to be paid for permit(s) shall be based on the Contractor's actual permit cost. Contractor shall supply original permit(s) cost documentation to the Indian River County Information Technology Department requesting the service. Any Federal or State taxes paid by the Contractor to its suppliers for a permit(s) are not reimbursable by the County to the Contractor. All work under this agreement will be payable at the per unit prices provided in Exhibit 2. The groups of work are: Group Section(s) 1 Technical Labor 2 OSP Construction Conduit, Pull Boxes and FDOT Standard Specifications for Road and Bridge Junction Boxes Construction Section 630 FDOT Standard Specifications for Road and Bridge Construction Section 635 3 Fiber Optic Cable, Preterm Drops, Splicing FDOT Standard Specifications for Road and Bridge Terminations. Construction Section 633 15 210 4 Multi -Pair Cables FDOT Standard Specifications for Road and Bridge Construction Section 633 5 NexusWorx Application — Fiber Technical Labor (County Specification 852) Documentation Warranty The Contractor shall fully warrant all labor furnished hereunder against defect in workmanship for a period of ninety (90) days from date of delivery and acceptance by Owner. Equipment furnished hereunder must be warrantied against defect in materials for a period of one (1) year from date of delivery and acceptance by Owner. Should any defect in materials or workmanship, excepting ordinary wear and tear, appear during the above stated warranty period, Contractor shall repair or replace same at no cost to Owner, immediately upon written notice from the Purchasing Division. Worksite Safety / Security Contractor shall at all times guard against damage or loss to the property of the Owner, Contractor's own property, and/or that of other contractors, and shall be held responsible for replacing or repairing any such loss or damage. When applicable, Contractor shall provide fences, signs, barricades, flashing lights, etc. necessary to protect and secure the worksite(s) and insure that all County, State of Florida, OSHA, and other applicable safety regulations are met. Additionally, Contractor shall provide for the prompt removal of all debris from Owner's property. Owner may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for loss or damage to property through negligence of the Contractor or its agents. Specifications 1.0 Introduction 1.1 Owner Acceptance 1.1.1 Payment shall be rendered ONLY upon Owner's acceptance of said service. Acceptance is defined as a receipt signed by the designated Owner representative(s), as acknowledgement of services rendered. 1.2 Scope 1.2.1 This exhibit delineates the requirements for the material, labor and support services to be provided. 1.2.2 The Contractor shall, on an as needed basis, be responsible for the integration, supply and/or installation, connection, and maintenance/repair of the Owner's enterprise network systems, OSP (outside plant), various types of fiber optic cable, equipment and supplies, and general network -type cabling systems. The Contractor may be required to also provide the same or like services, on an as needed basis, in support of new Owner - owned buildings and facilities. 1.2.3 There are approximately 47 plus Owner facilities where these services may be required. Other sites may be added during the term of the contract, dependent on Owner needs. 1.2.4 The reference to "47 plus" Owner facilities is solely provided for informational purposes. The Contractor will be required to provide services as specified, on a time and material basis, anywhere geographically within Indian River County. 1.2.5 The overall scope includes, but is not limited to, providing and/or installing (including: inter - building, intra -building, fiber optic cabling) fiber optic equipment, and maintenance/repair 16 211 services. When practical and possible, the Contractor shall utilize existing cable runs and conduits, unless directed otherwise by IS&T. 1.2.6 Indian River County IS&T Division ("IS&T") will periodically notify the Contractor of required work to be performed. 2.0 Specifications — General 2.1 Qualifications of Bidders 2.1.1 Contractor must maintain the qualifications listed in the Invitation to bid, under Permitting and Licensure Requirements. 2.2 Pricing 2.2.1 IS&T reserves the right to utilize this agreement for the purpose of obtaining material only, obtaining labor only, or obtaining a combination of material and labor at the unit prices offered in Exhibit 2. 2.3 Acceptance 2.3.1 Any discrepancies in equipment, defects in cabling, operational difficulties or other problems encountered during final testing, and post operation evaluation shall be furnished to the Contractor in writing, per project phase. 2.3.2 Resolution of these items to the satisfaction of the Owner, is required prior to system acceptance. IS&T staff shall verify each of the major components, including, but not limited to, performing random testing of the fiber optic cable. 2.3.3 The date of "acceptance" is defined as the date all required cabling, material, and associated hardware have been installed, tested, operationally activated (when requested), and the required documentation has been presented to the Owner, and all identified discrepancies have been satisfactorily completed on a per -project basis. 3.0 Project Specifications — Non -Technical 3.1 Material and Workmanship 3.1.1 The Contractor shall schedule and coordinate all installation, rearrangement, removal, or repair activity of any/all equipment, through IS&T. 3.1.2 All work shall be performed in a professional manner that is compatible with the Owner's normal business. 3.1.3 The Contractor shall comply with all applicable national, Federal, State, and local rules, regulations, codes, and standards for safety, building, electrical, fire, communications low voltage wiring, and installation work. The Contractor also understands and agrees that all equipment and/or services provided to the Owner, shall comply with specifications set forth in the applicable sections of the Federal Communications Commission Rules and Regulations. In addition, work performed shall be in accordance with industry accepted practices and standards, such as those set forth in EIA/TIA, BISCI. Additionally, all cable, wire, and associated material and equipment provided and installed by the successful bidder, is to have been tested by an approved testing facility and listed for the intended use. Additional information relating to codes, etc., is contained in the following Section 3.1.4. 3.1.4 Installations/Products are to be in accordance with the following codes and standards. Where there is a conflict between the bid document and the applicable code, the most stringent shall govern: a) American National Standards Institute (ANSI). TIA/EIA — Telecommunications Industry Association/Electronics Industries Association b) ANSI/TIA/EIA-569-A — Commercial Building Standard for Telecommunications Pathways and Spaces, latest editions 17 212 c) ANSI/TIA/EIA-606 — The Administration Standard for Telecommunications Infrastructure of Commercial Building, latest edition d) ANSI/TIA/EIA-607 — Commercial Building Grounding and Bonding Requirements for Telecommunications, latest editions e) ANSI/TIA/EIA TSB 72 — Centralized Optical Fiber Cabling Guidelines f) ANSI/TIA/EIA TSB 75 — Additional Horizontal Cabling Practice for Open Offices g) ANSI/NFPA 70 Article 318 — Cable Trays h) American Society for Testing and Material (ASTM) i) Building Industry Consulting Service International (BISCI) 1. "Telecommunications Distribution Methods Manual" 2. "Telecommunications Installation Manual" 3. "Customer -Owned Outside Plant Design Manual" j) Underwriters Laboratories (UL) k) Federal Communications Commission (FCC) 1) Americans with Disabilities Act Requirements (ADA) m) Occupational Safety and Health Administration Regulations (OSHA) n) National Fire Protection Association (NFPA) o) Institute of Electrical and Electronic Engineers (IEEE) Applications standards including, but not limited to, LAN Standard for Ethernet IEEE 802.3 p) National Electrical Manufacturers Association (NEMA) q) National Electrical Code (NEC) r) National Electrical Safety Code (NESC) s) ISO/IEC — International Standard Organization and International Electro technical Commission 3.1.5 All cable, equipment, material, components provided by the Contractor, shall be guaranteed to be new. The Owner reserves the right to supply any/all cable, equipment, material or components out of existing stock. 3.1.6 No cable, equipment, material, components shall be borrowed, substituted, or removed without the express knowledge and consent of IS&T. 3.1.7 See Worksite Safety/Security listed under Technical Specifications — Contractor's Responsibilities 3.1.8 The Contractor shall insure that all personnel assigned to projects have the expertise to perform the services, and have the ability to operate any and all tools and equipment utilized in conjunction with this service, and all personnel on a jobsite have appropriate identification clearly identifying the individuals and the firm they represent available upon request. NOTE: All Contractor employees and all subcontractors employed by the Contractor, shall be required to comply with the Owner's ordinance/policies regarding access to Owner facilities and as such, shall be required to comply with those requirements prior to having access to Owner facilities. 3.1.9 All inside/outside plant installation personnel for inside plant cabling, shall be required to wear uniforms on-site. The company's name shall be predominately displayed. Owner vendor badges shall be worn at all times. 3.1.10 The Contractor is solely responsible for obtaining all permits for all work requests. The Owner shall reimburse the Contractor for the actual cost of the permits. For projects associated with new facilities under construction, the Contractor is required to obtain "stand alone" permits. Sub -permits, under the General Contractor's permits will not be allowed unless specifically approved by the County's Public Works Department in writing. Additionally, the Contractor is solely responsible for any/all costs associated to repair any 18 213 items or Owner facility, structure, and/or property which become damaged by they Contractor's installation activity. Any and all equipment, material, components, cable, etc., provided, installed and! operationally activated by the Contractor that is deemed unacceptable by the Owner or does not comply with the specifications herein and rules, regulations, codes, ordinances, or standards as indicated in other sections of this document, shall be replaced with appropriate and compliant products by the Contractor, prior to system acceptance, at no cost whatsoever to the Owner. 3.1.12 All installed backbone fiber cabling shall be end to end tested. Fiber links shall meet the EIA/TIA requirements for connector mated pair reflection loss and splice loss as applicable. 3.1.13 Consumables — Items used for the installation of fiber infrastructure that are expended to complete an installation process are the sole responsibility of the Contractor. Examples of these items are: jet line, electrical tape, label tape, solvents, cleaners, cable lube, polishing paper, etc. 3.2 Manuals and Documentation 3.2.1 It shall be the responsibility of the Contractor to provide the as -built documentation. As - built information should be understood to be part of the work units authorized by Owner. Because as-builts are part of the scope of work for each project, final payment will not be made to the Contractor until the drawings are received and approved by the Owner. The requirements contained below address some of the data collection processes and methodologies for the outside plant (OSP) as -built documentation. a) All OSP infrastructures shall be documented utilizing GPS instruments as construction occurs. b) Provide positioning data for trench deployment. Documentation shall include conduit support infrastructure description, when installation is different than the standard 2" conduit or when more than a single conduit is laced underground, as well as placement. GPS coordinates shall be taken at 150 foot intervals and/or at any running line changes, infrastructure changes (manhole, hand holes, pull boxes, cabinets, and terminations) or other points, as necessary. c) Provide positioning data for directional bores. Documentation shall include GPS coordinates for each rod length with its corresponding depth. Other points shall be documented as necessary. d) Provide positioning data of aerial infrastructure by taking GPS coordinates of each pole. Documentation shall include attachment details such as pole type, pole class, riser conduit, height of attachment (HOA), etc., as well as any aerial slacks and aerial splices between poles. e) Provide positioning data of service loops with slack length, as well as the sequential cable length markings at each splice vault, pull box, terminations or other points. f) All GPS datasets ported to GIS features classes shall be projected in the NAD 1983 HARN State Plan Florida East FIPZONE 0901 coordinate system, with the unit of measure being U.S. Foot. g) All GPS points shall have sub foot (< 12 inch) accuracy for horizontal (X, Y) and vertical (Z) axis, unless otherwise specified. h) Submit as -built data as ESRI file geodatabase. Line and point attributes shall be appropriately formatted and accurately recorded. 4.0 Service Requirements 4.1 Customer Service IV 214 4.1.1 Owner requires that the Contractor provide qualified installation, maintenance, repair, and support services, from a service center which shall permit adherence to the service response time frame requirements identified in paragraph 4.2.4. 4.1.2 The Contractor shall assign an Account Manager responsible for coordinating orders for installations, rearrangements, removals, repairs and for resolving billing discrepancies. 4.1.3 The Contractor shall provide an escalation list of names, addresses, and telephone numbers to the IS&T representative prior to Owner's execution of the agreement. 4.1.4 The Contractor shall have a Return Material Authorization (RMA) Program to include, at a minimum, the following: a) Tracking number b) Item description c) Date initiated d) Reason for return e) Disposition of returned material f) Expected resolution date 4.1.5 The Contractor shall have a Business as Usual (BAU) Program to include, at a minimum, the following: a) Project tracking number with date b) Brief description c) Date initiated d) Anticipated installation start/delivery e) Anticipated construction completion f) Responsibility/Ownership for completion (e.g. material delivery, additional information, engineering) g) Daily updates of standard work request additions/completions and weekly status updates of ongoing projects type work requests. 4.1.6 Due to the importance of the Enterprise Network and the Voice Network, in the operation of the Owner's business, the Contractor is required to provide business recovery services to the County in the event of natural and/or other disasters. 4.2 INSTALLATIONS / REARRANGEMENTS / REPAIRS 4.2.1 All repairs shall be made using Original Equipment Manufacturer (OEM) components. Substitutes, unless designated as a replacement by the manufacturer of the equipment, are not acceptable. 4.2.2 The Contractor shall provide routine and emergency service as required and in accordance with manufacturer and warranty standards. Such action shall be continuous until the problem, or problems, are 100% corrected. There shall be no charge for any work that is covered under the warranty period. The Contractor shall be responsible for all warranty work even after the contract expires, if work/materials are still under warranty. 4.2.3 Should any condition exist which precludes or inhibits the Contractor's ability to satisfy the required response times, the Contractor shall inform IS&T in writing within twenty-four (24) hours. 4.2.4 The Contractor shall initiate repair, and time and material service, after the Owner requests service as follows: Emergency Trouble Service -- Within three (3) hours of reported trouble and Owner's provision of an emergency PO number (written PO will be issued later), during normal business hours; Within six (6) hours on evenings, weekends, and holidays. Time & Material Service -- Within five (5) workdays of requested work 4.2.5 Emergency Trouble Service: An Emergency Trouble Service is defined as the failure of the network backbone and/or passive/active network component which renders an entire area incapable of performing any of its functions (e.g., a zone, floor, or communications between sites). Pill 215 a) In the event of an Emergency Trouble Service situation, a trained and qualified technician shall be on-site within three (3) hours of request and notice of emergency PO number. Once a return to service plan is agreed upon, the items needed for the repair as described in Section 4.2.5.b. shall be on-site within two (2) hours. b) The Contractor shall have fusion splicer, OTDR, 5,000 feet of 96 and 48 strand single - mode fiber, and 2,000 feet of 24 strand, multi -mode fiber cable in inventory for deployment to emergency repair. 4.2.6 Time and Material Service (BAU): Response to BAU requests shall be within five (5) workdays of the requested service. 4.2.7 Should any condition exist that would preclude or inhibit the Contractor's ability to satisfy the maintenance or order work activity within the above specified time frames, the Contractor shall notify IS&T immediately. Additionally, a description of the limiting or exempting condition(s) shall be provided to IS&T with a revised completion date of the required work activity. Furthermore, if such constraining conditions are temporary in nature, the Contractor shall indicate when and/or under what conditions he would again become fully compliant with required response times. 4.2.8 The County's normal working hours shall be defined as Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding County holidays. 5.0 Commencement of Work Notification 5.1 IS&T shall call the Contractor's service center, to report troubles and request all repair and maintenance service. IS&T shall provide the location and all pertinent information related to the trouble report, including the IS&T, (internal) trouble identification number. 5.2 IS&T shall contact the Contractor's service center via fax/e-mail, to request T&M service activity. The fax/e-mail transmittal shall contain all information necessary for scheduling and responding to the request, including location where work is to be performed, IS&T (internal) work request number, requesting IS&T contact person's name and telephone number, on-site (work location) contact name & telephone number, description of work activity to be performed, and/or listing of material to be procured and/or installed. 5.3 The Contractor shall provide to IS&T, a detailed status report on all open projects on a weekly basis. The report shall be delivered via email to the project contact for IS&T. 5.4 The Contractor shall meet (and/or discuss project activity/requirements) with IS&T representative prior to the commencement of any project. Furthermore, the Contractor's project manager shall keep IS&T representative advised of work progress from commencement through completion. 5.5 Upon request, the Contractor shall provide a complete itemized estimate, including scope of work, parts, professional services, etc., per project. These per project, estimates shall be approved in writing, by IS&T authorized personnel, prior to commencement of any project. Additionally, there may be instances where IS&T will request a "not -to -exceed" cost for material and labor on a specific project. The Contractor shall be required to provide the "not -to -exceed" cost then, if directed to by IS&T, to complete the specific project for no more than the "not -to -exceed" dollar amount submitted prior to work commencement. 5.6 For installed products, "Operational Date" is the date all station lines, network backbones, and campus network (when applicable) are fully operational and ready for use. 6.0 INVOICING AND BILLING REQUIREMENTS 6.1 Contractor shall submit original invoices electronically, with all necessary backup, to IS&T Division. IS&T will utilize the duplicate invoice copy to validate the billing invoice and effect the correct payment amount through the Comptroller Division. 21 216 6.2 All billing invoices submitted to the Owner shall contain the following documentation and information: a. Location (Owner's work center and complete address) where work was performed b. Owner -issued Purchase Order (PO) number c. Name of the IS&T Division representative generating the service request d. Contractor's trouble ticket number or T&M work sheet identification number e. Description of T&M work activity actually performed or a description of trouble clearance. A List of all material used to complete the work request or trouble AND a copy of receipt(s) from Contractor's supply source depicting actual cost of material provided to complete the work request. f. Job start date, end date and time g. Test results completed after installation as specified in Specifications, Section 7.2.5 h. The IS&T Division is required to validate the accuracy of all billing invoices before payment authorization can be made; therefore, billing invoices received which do not contain the required information will result in a delay in payment. Invoices which cannot be validated by the Owner shall not be paid. 7.0 PROJECT SPECIFICATION - TECHNICAL 7.1 This "overall" project, with its individual work requests, shall consist of, but is not limited to, the procurement, delivery, installation and testing, of fiber optic cables, fiber optic cable terminations and terminating equipment and hardware, etc. 7.2 TESTING REQUIREMENTS 7.2.1 The Contractor shall be required to perform tests on all fiber installed, to ensure operational and technical conformity. Dispersion, splice loss, and optical time domain tests shall be performed on all fiber optic cable installed. 7.2.2 Dispersion, splice loss, and optical time domain tests, shall be performed on all fiber optic cable installed. 7.2.3 Each reel of fiber optic cable provided by the Contractor shall be accompanied by the manufacturer's test data showing the conformance to the requirements described herein. The manufacturer's test data shall identify each fiber in each cable and list its factory tested attenuation in decibels per kilometer. This attenuation shall meet as a minimum, the attenuation requirements set forth in Table — Fiber Optic Cable Specifications (Section 7.5.2) included in this document. Ensure that each finished and installed fiber optic cable segment shall be traceable to the test date on file for each step in its manufacturing process. The Contractor shall provide the County five (5) calendar days advance notice of the date the cable will be ready for final testing so that County staff may be present at the tests if staff elects. 7.2.4 The Contractor shall test the fiber optic cable at the site storage area prior to installation. Test each optical fiber in the cable from one end and one wavelength with an OTDR compatible with wavelength and fiber type. Check for continuity, kinks, anomalies, and appropriate attenuation. Record each measurement with color, location and type of fiber measured. If the tested loss per kilometer exceeds the loss from the manufacturers test data, the County will reject the cable. An electronic and hard copy shall be provided to IS&T prior to the fiber optic cable being installed. 7.2.5 After installation (splicing and termination) is complete, and if specified, the Contractor shall test the optical fiber in the cable again for the loss characteristics. Perform a uni- directional test on all terminated fibers using the Optical Time Domain Reflectometer (OTDR). Single mode fiber that is a distance of five (5) miles or less shall be shot at a 1310nm wavelength. Single mode fiber that is greater than five (5) miles shall be shot at a 1550nm wavelength. Multi -mode fiber shall be tested at an 850nm wave length. Results of these tests shall be provided to IS&T in both a hard copy and electronic format for 22 217 acceptance. Any failure that shows up on the Contractor's OTDR results may result in totall replacement of the fiber optic cable. In addition, IS&T may also perform testing with ani OTDR for testing result comparison. If any discrepancies are found, resolution of these; items to the satisfaction of the County is required prior to system acceptance. The Contractor shall notify the Owner in writing, five (5) calendar days in advance of the testing of the cable, so that the Owner staff may be present for the tests. Test result printouts shall include, but not limited to, the following: a) Distance of trace b) Total loss c) Splice loss d) Cable ID e) Fiber ID f) Beginning testing location g) Fiber testing location h) Operator/technician name or initials i) Date and time test was performed j) Test wavelength k) Test pulse width 1) Re -factory index The method of connectivity between the OTDR and the tested fiber shall be factory assembled patch cords, pulse suppression, or launch cables equal to length of 150% of the dead zone as published by the OTDR manufacturer. The launch cable shall have the appropriate connectors to allow for connection to the terminated fiber port, without the use of additional couplers. The Contractor shall prepare and submit a test procedure for the pre -installation and post installation tests to the Owner for approval. 7.3 FIRESTOPPING 7.3.1 The Contractor shall be required to firestop all penetrations of floors and walls, including cable "riser" openings. All firestopping and sleeves provided shall comply with all local, state, and national codes, as may be amended. 7.4 OSP CONSTRUCTION CONDUIT — UNDERGROUND 7.4.1 General Requirements a) Consider the locations of conduit as shown on the plans as approximate. Construct conduit runs as straight as possible, and obtain the Engineer's/Owner's approval of all major deviations in conduit locations from those shown on the plans. b) Do not place more than the equivalent of four quarter bends or 360 degree of bends, including the termination bends, between the two points of termination in the conduit, without a pullbox. Obtain the Engineer's/Owner's approval to use corrugated flexible conduits for short runs 6' or less. c) Use only intermediate metal conduit, rigid galvanized conduit, rigid aluminum conduit or PVC coated intermediate metal conduit for above -ground or underground electrical power service installations. d) Use either schedule 80 PVC or fiberglass reinforced epoxy conduit for installations on bridge decks. Use either schedule 40 PVC or fiberglass reinforced epoxy, conduit for underground and under pavement installations, except for electrical power service. e) When the installation of a conduit requires jacking under paved surfaces, railroads, etc., use an intermediate metal conduit as the sleeve for the underground conduit. Install the underground conduit as shown in the Design Standards, Index No. 17721. 23 218 f) When a conduit installation changes from underground to above -ground, make the change a minimum of 6" below finished grade. g) Install an expansion fitting when conduit crosses an expansion joint of a structure. h) Use couplings and expansion joints made of the same material as the conduit. i) Ensure that all joints are made as specified by the manufacturer and are waterproof. j) For installations not specifically shown, install the conduit in accordance with National Electrical Code (NEC) and/or National Electrical Safety Code (NESC) requirements. k) When earth backfill and tamping is required, place backfill material in layers approximately 12" thick, and tamp each layer to a density equal to or greater than the adjacent soil. 1) When trenching instead of boring, saw cut and repair all pavement and sidewalks encountered. When backfilling trenches in existing pavement, use a commercially available sand -cement (approximately 10:1 mix ratio). m) Provide a standard clearance between underground control cable and electrical service cable or another parallel underground electrical service cable that meets National Electrical Safety Code requirements. n) Install conduit for electrical and low -voltage systems as shown on the plans or referenced to FDOT Design Standards, Index No. 17721. Consider the locations of conduit as shown on the plans as approximate. Construct conduit runs as straight as possible, and obtain the Engineer's/Owner's approval of all major deviations in conduit locations from those shown on the plans. o) Provide an outer duct and innerduct that is suitable for underground use in an ambient temperature range of -32° to 130° F, without degradation of material properties. p) Provide outer duct and innerduct that is resistant to benzene, calcium chloride, ethyl alcohol, fuel oil, gasoline, lubricating oil, potassium chloride, sodium chloride, sodium nitrate, and transformer oil, and is protected against degradation due to oxidation and general corrosion. q) Provide outer duct and innerduct with an outer diameter to a minimum wall thickness ratio that complies with ASTM — D3035, Standard Dimension Ratio (SDR) 13.5. r) Provide outer duct and innerduct that meets or exceeds the following: 1. ASTM — D1238: Tensile Strength —3000 PSI minimum Elongation —400% minimum 2. ASTM — D1238: Melt Index — 0.4 maximum 3. ASTM — D1505: Density — 0.941— 0.9 55 g/cc 4. ASTM — D1693: Condition B — 20% failure, maximum 5. ASTM — D2444: Impact — NEMA Standards Publication TC 7 6. ASTM — D3350: Cell Classification — 334420 or 34420 s) Provide outer duct and innerduct with the coefficient of fiction of 0.09 or less. t) Provide 0.5 inch, pre -lubricated, woven polyester tape with a minimum rated tensile strength of 2,500 lbs. 7.4.2 HDPE Outer Duct 24 219 Provide a factory lubricated low friction, coilable, high-density conduit constructed over high-density polyethylene (HDPE). Provide outer duct conduit with a smooth outer wall, and inner wall, and ensure the conduit is capable of being coiled on reels and continuous lengths, transported, stored outdoors and subsequently uncoiled for installation without affecting its properties or performance. Include multi -duct conduit organizers at all points where the multi -duct conduit enters and exits into a junction, pull box, splice vault, or similar structure. Provide conduit spacers that are appropriately sized relative to the ducts. 7.4.3 HDPE Innerduct Provide a factory lubricated, industry sized 1.5" or 2" inside diameter as listed in the plans, low friction, coilable, conduit constructed of virgin HDPE Innerduct. Said innerduct shall conform to ASTM D — 2239 and meet the following minimum requirements: Smooth wall SDR — 11, nominal outer diameter of 1.592 inches, minimum inner diameter 1.360 inches and a minimum wall thickness of 0.106 inches. Provide conduit with a smooth outer wall and ridged inner wall and ensure the conduit is capable of being coiled on reels in continuous lengths, transported, stored outdoors subsequently uncoiled for installation without affecting its properties or performance. Innerduct shall be furnished in the following factory extruded colors: orange, white, black and yellow as specified. Red shall be reserved for electric. Provide mechanical duct plugs that provide a watertight barrier when installed in an unused conduit or outer duct conduit. Provide duct plugs sized in accordance with the conduit furnished. Provide duct plugs that are removable. All conduit shall come with factory installed duct plugs to keep out dust, dirt, and water. Provide mechanical sealing devices that provide a watertight barrier between the conduit and communications cable. Provide mechanical sealing devices sized in accordance with conduit furnished and with appropriately sized holes for the communications cable. Provide mechanical sealing devices that are removable. 7.4.4 Secondary Underground Conduit Furnish and install HDPE or PVC conduit sized per plans for additional pipe in common trench. Install the proper size and quantity of conduits to be used in accordance with the minimum conduit size and quantity requirements of the NEC and as approved by the Owner. 7.4.5 Above Ground Conduit Furnish and install conduit for above ground use (a riser assembly on a utility service pole for the purpose of bringing power from above ground to underground conduit/duct, or bridge mounted or other above ground structure) consisting of galvanized rigid steel (GRS), aluminum, or Schedule 80 PVC conduit in accordance with ASTM D 1785, as approved by the Owner. Furnish and install Schedule 80 PVC conduit, aluminum or Rigid Metal Conduit (RMC) for bridge crossings, attached to the bridge structures, under the parapet, wherever feasible and applicable. All rigid steel conduit material utilized shall be compliant with UL -6, ANSI C-80.1 and to Article 346 of the NEC. All aluminum conduits shall be aluminum 6063 aluminum alloy, T — 1 Temper, ANCI C80.5, and NEC 250.118 (2). All required connectors, adapters, fittings, conduit straps or "U" guard clamps and incidentals required and necessary for the above ground installations shall be galvanized and provided to construct a complete conduit/duct system. No reducing couplings or reduction in the inside diameter of conduit shall be permitted. No intermediate metallic conduit (IMC) or thin — wall type electrical conduit shall be permitted for outdoor use. Furnish and install galvanized metal conduit grounding bushing, or aluminum metal conduit grounding bushing on the terminating ends of all GRS/aluminum conduit runs. The bushings shall have an insert made of plastic and or other suitable material to protect 25 220 wiring installed in the conduit. The bushing shall have a compression—type grounding lug for bonding the conduit to the ground rod and pull box. Do not field drill ceilings bushings. 7.4.6 Conduit Placement — General Place conduit (location and depth) as required by the FDOT Utility Accommodation Manual, the plans, or as specified by the Owner. If the required steps cannot be accomplished due to soil conditions, obstructions, etc., additional mechanical protection may be required at the discretion and approval of the Owner. For underground conduit/duct requiring additional mechanical protection (e.g., boring under railroads, shallow boring depth, proximity to foreign utilities, etc.), furnish and install black steel pipe (BSP) as an outer sleeve/pacing, or other materials as required by the permitting agency and/or approved by the Owner. After the installation of the innerducts and upon completion of the tamping and backfill process, perform a mandrel test on each individual duct to ensure that no duct has been damaged. Provide a nonmetallic mandrel having a diameter of approximately 1", for use in 1.25" innerduct. If damage has occurred, replace the entire length of the duct. Test HDPE conduit for continuity and proper installation using a pressurization process; plug each innerduct and pressurize it to achieve a minimum pressure of 100 PSI for a minimum of 2 minutes. No roadway pavement cuts will be allowed unless approved by the Owner. Conduit entrances into base—mounted field cabinets through the sides, back or top of the cabinet, are not permitted. All conduit attachments to rigid structures shall require the shop drawing/plan detail showing the attachment method for review. Conduits terminating base mounted cabinet foundations shall extend a minimum of 2" above the foundation. All bends shall be at a 90° sweep, suitable for fiber optic cable, free from kinks, and of such easy curvature to permit the drawling in of cables without damage to insulation. All new base mounted field cabinet foundations, shall have installed at least two (2) spare, empty 2" conduits, terminating a pull box. Any metal conduit utilized shall be grounded and bonded in accordance with the NEC. All installation and construction work on all facilities shall be in compliance with the NESC. 7.4.7 Conduit Placement— Multi -duct Installation in Outer Duct Simultaneously, install the individual colored innerducts in the outer duct. Install the multi—duct conduits using an approved cable pulling lubricant. Use a dynamometer (clutch device) so as not to exceed the maximum allowable pulling tension. Do not use a motorized vehicle to generate pulling forces. Keep tension on the ducts and the pulling line at the start of each pull. Do not release the tension if the pulling operation is halted. Restart the pulling operation by gradually increasing the tension until the multi -ducts are in motion. Once the multi -duct system is installed in the outer duct, install the duct organizers at the point where the multi -duct system enters or exits the junction box, pull box, splice vault, or other similar structure, or a cabinet. Extend the ends of the multi -duct conduit such that upon completion of the installation, the ducts will extend a minimum of 2" above concrete services and 4" above crushed stone bases. 7.4.8 Conduit Placement — Splicing of the Conduit Splice or join sections of conduit(s) using the manufacturer's recommended splice kits. Upon approval, a pull box may be installed at locations where splicing the coupling of the conduit is necessary due to problems encountered with the installation. Use of mechanical couplings may be approved by the Owner on a project basis depending upon project requirements. 26 221 7.4.9 Conduit Placement — Duct Plugs and Mechanical Ceiling Devices Following the installation of conduit where the communications cable is not immediately installed, use a duct plug to seal the ends of the conduit. Secure the pull line to the duct{ plug in such a mannerthat it will not interfere with installation of the duct plug and provide; a watertight seal. 7.4.10 List of Items for OSP Conduit — Underground The items and services listed below are not an all-inclusive list. Furnish and install thei, following items as required: Conduit — 2" placed at 24", machine trenched, per foot. Conduit — 2" placed at 36", machine trenched, per foot. Conduit — 2" placed at 24", hand trenched, per foot. Conduit — 2" placed 3", hand trenched, per foot. Conduit — 2" extra pipe, per foot. Placement — 1.25", innerduct, corrugated, colored, per foot. Placement — 4W 1.25", HDPE colored, per foot. MaxCell Innerduct — placement — 3 cell for 2" and larger conduits. Include preinstalled color -coded pull tapes for identification, pre -lubricated. Placement — cable direct bury, plow, 30" placement, per foot. Placement -2" HDPE, directional bore, per foot. Placement — 2" HDPE, directional bore, special conditions, per foot. Placement— 8" HDPE, directional or, underwater way <10001f, per foot. Placement — 2" RGS per foot. Placement — 4" RGS per foot. Placement — 2" fiberglass, bridge mount, per foot. Placement — 4" fiberglass, bridge mount, per foot. Detectable Tracer Wire, per foot. Furnish and install a 14 GA tracer wire for placement in conduit. Detection — Detectable Marking Tape, per foot. Detection —jet line, per foot. ROW detection — ROW delineator marker post, orange, 6', per each. Cable Route Markers Furnish and install delineators that are tubular and designed and constructed of Type III HDPE material. Provide delineator assemblies that are ultraviolet stabilized, to help prevent their components from color fading, warping, absorbing water, and deteriorating with prolonged exposure to the elements. Provide delineator posts that have a cap that is orange in color. The delineator assemblies shall include the descriptive information "IRC—IS&T FIBER OPTIC CABLING, CALL BEFORE DIGGING, 772-226-4357" printed black on orange reflective background material that will not fade or deteriorate over time. The printed message shall be partially visible from all directions approaching the assembly. 7.5 FIBER OPTIC CABLING AND RELATED ITEMS 7.5.1 General Requirements 27 222 Furnish, install, splice, and test all fiber optic cable, fiber optic assemblies, patch cords, and alll passive network infrastructures including, but is not limited to, splice trays and closures, patch panels, fan -outs, terminations, and fusion splices. Furnish all tools, equipment, materials, supplies, and manufactured articles, and perform all operations and equipment integration necessary to provide a complete, fully operational passive fiber optic infrastructure. The necessary equipment shall be the responsibility of the Contractor. Provide all labor and equipment necessary to move inventory and to transport it to the installation location. Install all items in accordance with the manufacturer's instructions or as directed by the Owner. 7.5.2 Fiber Optic Cable Specifications The following table presents the optical requirements of the single mode and multimode fiber: Parameters Single Mode Multi Type Step Index Graded Index Core Diameter 8.3 lim Nominal 50 m Cladding Diameter 125 m 125 µm Core to Cladding Offset 50.8 µm 551.5 µm Coating Diameter OSP 245 Iim 245 lim +/-5 Iim Coating Diameter (IP) 900 µm ±15 µm Cladding — circularity 550.7% Proof Tensile Test 100 k si 0.7 GN/m2 Attenuation @850 nm MM N/A <_ 3.5 dB/km @1300 nm (MM) N/A <_ 1.0 dB/km @1310 nm (SM) <_ 0.4 dB/km N/A @1550 nm SM <_ 0.3 dB/km N/A Bandwidth @850 nm MM N/A 200 @1300 nm (MM) N/A 1000 Chromatic Dispersion Zero Dispersion 1301.5/1321.5 nm Wavelength Zero Dispersion Slope 0.089 ps/nm2 -km Maximum Dispersion 3.3 ps/(nm*km) for 1285-1330 nm <18 s/ nm km for 1550 nm Cut —Off Wavelength 1260 nm Numerical Aperture (EIA — 455 — 47) NA 0.275 All optical fibers shall be proof tested by the fiber manufacturer at a minimum load of 100 kpsi. All optical fibers shall be 100% attenuation tested at the factory for compliance with performance specifications described herein. The attenuation data for each fiber shall be provided with each cable reel. 7.5.3 Fiber Optic Cable Outside Plant (OSP) Provide outside plant cable (OSP) suitable for installation in an underground conduit environment including constant immersion in water for outdoor installations. The cable shall be provided and installed in continuous links. Fibers in the fiber optic cable shall be spliced and/or terminated as specified by the Owner project supervisor. 28 223 All optical glass shall be of the same manufacturer. The cable shall be capable of withstanding a minimum—bending radius of ten (10) times its outer diameter during operation and twenty (20) times its outer diameter during installation, without changing the characteristics of the optical fibers. All fibers are to be single mode unless specifically noted on plans by the Owner. Unless specified otherwise, provide cable of water -blocked, loose tube construction with buffer tubes wrapped around a dielectric central strength member. All fiber(s) shall be contained within buffer tubes, and each buffer tube shall have an inside diameter much greater than the total diameter(s) of the fiber(s) it supports. The fiber optic cable shall have a reverse oscillation or planetary stranding structure. The buffer tubes and all fibers shall be color coded in compliance with EIA/TIA — 598 "Color Coding of Fiber Optic Cables". Jacket construction and configuration of the groups shall be such that they can easily be separated at splice points, permitting one set of fibers to be cut and spliced while the others remain continuous. The jacket or sheath shall be marked with the manufacturer's name, date of manufacture, cable description, and sequential measurement markings at least every 3'. IRC-IS&T shall be marked on the jacket/sheath for agency identification. Submit proposed cable designs for Owner approval prior to procurement and installation of cable plant if the cable is something other than what is normally used. The cable shall have a water -block tape over the buffer tubes and throughout the remainder of the cable, to prevent entry of water. Each fiber or group of fibers, shall be free-floating within the tubes such that all mechanically or environmentally induced stress placed upon the cable is decoupled from the fibers. The air within the buffer tubes shall be displaced with a gel to prevent entry by water and to facilitate free movement of the fiber(s) within. The cable shall be capable of withstanding a pull tension of 2700 N (600 pounds) under load condition and 600 N (135 pounds) under static conditions and a crush resistance of 220 N/cm (length of cable), without changing the characteristics of the optical fibers. The outer jacket shall be UV and fungus resistant. 7.5.4 Cables Labeling Cables shall be distinguishable from each other by labeling. Cable tags similar to Blackbox 32785 shall be attached to the cable at each pull box, pole attachment, or entry into a termination facility. The tag shall be marked as "IRC-IS&T, FIBER OPTICS, 772-226-4357". These tags will be provided by IS&T. 7.5.5 Riser Cables up to 24 Fibers (Multimode OFNP) In cables with more than one (1) fiber, the fibers shall be stranded around a dielectric central member and surrounded by layered aramid yarns. The aramid yarns shall serve as the tensile strength member of the cable. A ripcord may be applied between the aramid yarns and the outer jacket to facilitate jacket removal. The outer jacket shall be extruded over the aramid yarns for physical and environmental protection. 7.5.6 Riser Cables with more than 24 Fibers (Multimode OFNP) The buffered fibers shall be grouped in twelve (12) fiber subunits. In each subunit, the individual fibers shall be stranded around a dielectric central member and surrounded by layered aramid yarns. A ripcord shall be incorporated in the subunit design to facilitate access to the individual fibers. The subunit jacket shall be extruded over the aramid yarns for additional physical and environmental protection. The subunits shall be stranded around a dielectric central member. A ripcord shall be inserted beneath the outer jacket to facilitate jacket removal. The outer jacket shall be extruded around the units for physical and environmental protection. 29 224 7.5.7 Non -Plenum Applications The storage temperature range for the cable on the original shipping reel shall be -400°C to +700°C. The installation/operating temperature range for riser cables shall be -200°C to +700°C. Testing shall be in accordance with FOTP-3. 7.5.8 Plenum Cables up to 24 Fibers (Multimode OFNP) The fibers may be stranded around a dielectric central member and surrounded by layered aramid yarns. The aramid yarns shall serve as the tensile strength member of the cable. A ripcord shall be applied between the aramid yarns and the outer jacket to facilitate jacket removal. The outer jacket shall be extruded over the aramid yarns for physical and environmental protection. 7.5.9 Plenum Applications The storage temperature range for the cable on the original shipping reel shall be -400°C to +700°C. The installation/operating temperature range for plenum cables shall be -200°C to +700°C. Testing shall be in accordance with FOTP-3. 7.5.10 List of Items for Fiber Optics Cabling The items and services listed below are not an all-inclusive list. Furnish, install, splice, and test all fiber optic cable, fiber optic assemblies, patch cords, and all passive network infrastructures including, but not limited to, splice trays and closures, patch panels, fan—outs, terminations, and fusion splices. The fiber-optic cables listed below shall conform to the specifications in section 7.5.2. a) 12 fiber, SM, loose —tube construction (aerial placement or underground placement) b) 24 fiber, SM, loose—tube construction (aerial placement or underground placement) c) 48 fiber, SM, loose—tube construction (aerial placement or underground placement) d) 72 fiber, SM, loose—tube construction (aerial placement or underground placement) e) 96 fiber, SM, loose —tube construction (aerial placement or underground placement) f) 144 fiber, SM, loose —tube construction (aerial placement or underground placement) g) 24 fiber, SM, all dielectric self-supporting construction (aerial placement) h) 48 fiber, SM, all dielectric self-supporting construction (aerial placement) i) 96 fiber, SM, all dielectric self-supporting construction (aerial placement) j) 144 fiber, SM, all dielectric self-supporting construction (aerial placement) k) 24 fiber, SM, riser rated construction 1) 48 fiber, SM, riser rated construction m) 96 fiber, SM, riser rated construction n) 12 fiber, SM, plenum construction o) 24 fiber, SM, plenum construction p) 48 fiber, SM, plenum construction q) 96 fiber, SM, plenum construction r) 12 fiber, MM, plenum rated, tight buffer s) 24 fiber, MM, plenum rated, tight buffer t) 12 fiber, MM, plenum rated construction u) 24 fiber, MM, plenum rated construction 7.6 Cable Pulling Before starting any construction, all of the Contractor's personnel (including subcontractors) shall be thoroughly familiar with and shall comply with Occupational Safety and Hazard Act (OSHA) regulations, FDOT safety practices and policies, and the Florida State "One -Call" System requirements. 30 225 Perform the cable pulling operation in such a manner that the minimum-bending radius of the cable shall not be exceeded in the unreeling and pulling operations. Use entry guide chutes to guide the cable intoi the pull-box conduit ports. Utilize lubricating compound to minimize cable-to-conduit friction. Lubricating compound shall be a water-based compound specifically produced for fiber optic cable lubrication. Lubricants such as dish soap and other substitutes are not allowed. I Corner rollers (wheels), if used, shall not have radii less than the minimum installation bend radius of the cable. A series array of smaller wheels can be used for accomplishing the bend, if the cable manufacturer specifically approves the array. Continuously measure the cable pulling tension; the pulling process shall not be allowed to exceed the maximum tension specified by the manufacturer of the cable. Fuse links and breaks shall be used to insure during the pulling process the cable will not be subjected to pulling stresses exceeding exceed 2700 N (600 lbs.). When simultaneously pulling fiber optic cable with other cables, separate grooved rollers shall be used for each cable. The Contractor is permitted to use air -assisted blowing for the fiber optic cable installation within the conduit. Air -assisted blowing may consist of either the high air speed blowing (HASB) method or the piston method. While using the HASB method, the volume of air passing through the conduit shall not exceed 600 cfm or the air pressure stipulated by the conduit manufacturer. In using the piston method, the volume of air passing through the conduit shall not exceed 300 cfm or the conduit manufacturer's recommended air volume, whichever is more restrictive. The Contractor shall insure that the fiber optic cable procured for this project, is flexible and approved by the cable manufacturer for air -assisted blowing installation methods. The Contractor shall also be responsible for ensuring that the type of conduit procured for this project, does not have physical characteristics that would disrupt the flow of air needed for proper cable installation (e.g. circumferential ribs or corrugations). The conduit shall be able to hold up to 100 Psi of air without leaks. Conduit splices are critical and shall not reduce the interior diameter of the conduit. Aluminum couplers, suitable for air -assisted blowing of fiber optic cable, shall be used for both HASB and piston method cable installations. A factory furnished lubrication, especially engineered for blowing methods of cable installation, shall be used, and regular cable -pulling lubricants shall not be permitted for air -assisted blowing installation methods. Fiber optic simplex duct plugs used with air -assisted blowing installations, shall require seals sized to the cable in order to prevent leakage from the pressure chamber around the entering cable. General field procedures for air -assisted blowing installations of fiber optic cable shall be as follows: 1. Ensure that the conduit system is properly installed with pressure -tight conduit splices. Test the conduit system prior to cable installation by sealing one end of the conduit and pressurizing the conduit using a sealed blowing machine. The conduit should not lose air pressure at any significant rate as determined by the Owner. 2. If using the HASB method, cap the front end of the cable to prevent it from hanging up in the conduit. Use air seals that fit properly around the outside diameter of the cable being installed. 3. Clean, dry, and establish the airtight integrity of the conduit, by blowing a hard mandrel through the conduit to establish that the conduit is not crushed. Blow a tight -fitting foam carrier through the conduit at high pressure. The foam carrier should travel through at approximately 100 fps in a clean conduit. If excess water or dirt comes from the conduit, repeat the process. At the Owner's discretion, dry the conduit with dry airflow prior to cable installation. 31 226 4. For the HASB method, inject the recommended amount of lubricant, and spread it by blowing another foam carrier through. For the piston method, inject the majority of the lubricant in front of the missile with some lubricant placed behind it. 5. Connect the blowing machine to the conduit. For HASB machines, hand feed approximately 100' of cable into the duct prior to closing and sealing the cable and air chamber on the blowing machine. For piston machines, attach the piston to the cable and insert the piston into the duct. For both installation methods, follow the machine manufacturer's instructions for all operations. 6. Check all pneumatic and hydraulic hook-ups prior to increasing the air pressure. 7. Keep cable ends sealed at all times during installation, using an approved cable endcap. Do not use tape to seal the cable end. The cable end shall remain sealed until termination takes place. 8. Install fiber optic cable such that the optical characteristics are not degraded in any manner. Provide adequately trained personnel for the installation of the cable and for the fusion splicing. Test all fiber links. 9. Provide sufficient slack for proper termination in the cabinet communications compartment for all cables that are not immediately terminated. Throughout the cable plant, pull and store excess cable slack at each pull box, splice box, hub, and each TMC or TOC. The following lengths of slack cable are minimums: a) Small fiber pull box b) Large fiber pull box c) Fiber splice box d) Bridge barrier wall e) Device cabinet • Hub Building (Inside) • TMC (OSP Entrance)100 ft. f) Equipment/Control Room 50 ft. 200 ft. 200 ft. 20 ft. 20 ft. 100 ft. Maximum 50 ft. Slack at FO Distribution Panel -OR- AS SPECIFIED BY THE COUNTY PROJECT SUPERVISOR Provide proper storage of slack cable — both long term and short term. Do not leave slack cable lying free on the ground, bottom of a pull box, or floor of a device cabinet, hub building, or RTMC, except during the actual pulling process. 7.7 Optical Splicing and Termination Requirements Utilize the fusion technique for all splices. Utilize fusion splicing equipment that has been cleaned, calibrated and specifically adjusted to the fiber and environmental conditions. Provide splice enclosures, organizers and incidentals, and cable and preparation tools and procedures, compatible with the cable type being delivered. Maximum allowable splice loss is .04db. Each spliced fibers shall be packaged in a heat shrinkable splice protection sleeve with strength member. The protection sleeve shall cover the splice and have any bare fiber stripped of its coding. The use of RTV or silicon is strictly prohibited. 7.7.1 Splice enclosures Provide and install outdoor optical splice enclosures (3M 2178 or equivalent) capable of aerial, duct, or buried applications. The splice enclosure shall provide space enabling entry of fiber optic cable without exceeding the minimum bend radius of the cable. The splice enclosure shall be capable of through, branch, or mid -span type splice locations. Only one (1) cable per entry port 32 227 shall be allowed. Furnish and install the splice closure with the correct number of entry ports as dictated by each fiber optic splice location. The splice enclosure shall be designed to permit selective fiber splicing (looping of backbone cable in and out while only cutting the desired fibers). The splice enclosure shall allow splicing of all fibers in the cables being terminated. The enclosure shall be waterproof and re -enterable, and shall be designed to protect the buffer tubes in the splice trays. The splice trays within the enclosure shall be capable of accommodating the required number of splices including storage and protection of slack fiber. All pricing for fiber count splices as listed in Section 7.7.8, are to be inclusive of all necessary labor and materials needed to complete the job. This shall include, but is not limited to, labor, splice enclosures, trays, inserts, splice sleeves and all other hardware and consumables. 7.7.2 Interconnect centers Furnish compact, modular interconnect centers (3M 8423 or equivalent) designed to mount (rack or wall) insight equipment cabinets. Design and size interconnect centers to accommodate all fibers entering equipment cabinets. Provide splice trays that, protect, and organize optical fibers and that secure fibers inside the splice tray. Design and size splice trays that fit accordingly into a 19" rack or wall mount unit that accommodate all fibers entering the splice tray and that shall provide sufficient space to prevent micro -bending of optical fibers. All terminated fiber shall be tested with an OTDR in the fashion described Section 7.2.5. All fiber optic terminations of OSP fiber shall be done in the manner of fusion splicing on a factory polished pigtail. All pigtails, as well as port plates, shall utilize the ST standard unless otherwise called for. All pricing for the termination of the following counts of fiber shall to be inclusive of all labor and materials needed to complete the job. This shall include, but not limited to, labor, enclosure, port plates, splice trays, inserts, splice sleeves, and all other hardware and consumables. 7.7.3 Splice slack A maintenance loop at each pull box or fiber optic splice box, shall be at least 50' of cable (or as specified by the Owner Project Supervisor); this slack cable shall be coiled and neatly placed in the splice box. This shall allow for future splices in the event of a damaged splice. Additionally, every effort shall be made to maintain a minimum of 10' of cable from each cable's entering the enclosure which shall be prepared and installed within the enclosure. 7.7.4 Splice loss Individual splice loss shall not exceed .04 dB loss. 7.7.5 Installation slack For all fiber runs, approximately 10% slack will be evenly distributed along the path for future emergency repairs or relocations. Aerial locations shall utilize "snow shoes" and underground shall utilize pull boxes. 7.7.6 Optical termination requirements ST fiber optic connectors are standard for use on each project and shall be utilized by function in the following manner or as specified by the Owner Project Supervisor. Utilize ST type fiber optic connectors at the field device level. ST connectors shall be comprised of a ceramic ferrule, nickel plated zinc, or composite connector body to accommodate a field bayonet connection. Utilize factory pre -terminated assemblies that adhere to the applicable cable, cordage and fiber specifications of this document. All inside plant (IP) assemblies shall meet NEC jacketing requirements and shall have outer jacket coloration of yellow for single mode. No splices of any type are allowed within an assembly. Each assembly shall be individually packaged within a plastic bag, and that bag shall have the submitted manufacturers part number marked clearly on the outside of said bag. Each assembly shall be labeled as directed by the Owner. 33 228 7.7.7 Patch Cords and Pigtails Utilize factory pre -terminated assemblies that adhere to the applicable cable, cordage and fiber specifications stated within this Technical Special Provision. All pigtails shall have a 3mm outer jacket unless otherwise noted. All pigtails shall use the same glass manufacturer and core diameter as the fiber it is being fusion spliced to. All IP assemblies shall meet NEC jacketing requirements for this project's application and shall have outer jacket coloration of yellow and aqua for multi -mode. The connector shall accommodate the fiber type and size associated with this project. No splices of any type are allowed within an assembly. Each assembly shall be individually packaged within a plastic bag, with the submitted manufacturer's part number marked clearly on the outside. Each assembly shall be labeled as directed by the Owner. Optical Termination Losses: Connector Type Installation Max. Loss Return Loss ST/SC/LC Single Mode Field 0.30dB >.40dB ST/SC/LC Single Mode Factory 0.25dB >.45dB 7.7.8 List of Items for Optical Splicing and Termination The items and services listed below are not an all-inclusive list. Furnish, install, splice, and test all fiber optic cable, fiber optic assemblies, patch cords, and all passive network infrastructures including, but not limited to, splice trays and closures, patch panels, fan—outs, terminations, and fusion splices. The fiber-optic cables listed below must conform to the specifications in Section 7.5.2. a) 12 fiber, SM/MM, termination b) 24 fiber, SM/MM, termination c) 48 fiber, SM/MM, termination d) 72 fiber, SM/MM, termination e) 96 fiber, SM/MM, termination f) 144 fiber SM/MM, termination g) 12 fiber, SM/MM, splice h) 24 fiber, SM/MM, splice i) 48 fiber, SM/MM, splice j) 72 fiber, SM, splice k) 96 fiber, SM, splice 1) 144 fiber, SM, splice m) 06 fiber, SM, buffer fan -out kit n) 12 fiber, SM, buffer fan -out kit o) FO Connector— ST type, MM, Unicam connector p) FO Connector—ST type, SM, Unicam connector q) FO Closure — re-entry kit, cable preparation, up to 144 fiber, aerial or underground installation r) FO Splice — OTDR test any wavelength, one direction, bare fiber s) FO Closure — splice tray, fusion heat shrink, 12 fiber, 12" size t) FO Closure — splice tray, fusion heat shrink, 24 fiber, 12" size u) FO Splice — fusion splice, heat shrink <0.04 Db, OSP including detail as needed v) OSP Aerial — messenger table, 1/4", per foot w) OSP Aerial —remove messenger cable, 1/4", per foot 34 229 x) OSP Aerial — pole attachment, loose tube, with J -hook concrete pole y) OSP Aerial — pole attachment, loose tube, with J -hook wood pole z) OSP Aerial — place pole riser, 2", RGS aa) OSP Aerial — place pre -stressed concrete pole, 35', utility bb) OSP Aerial — place pre -stressed concrete pole, 45', utility cc) OSP Aerial — place pre -stressed concrete pole, 70', utility dd) OSP Aerial — place down guy anchor, 6' 7.8. PULL BOXES 7.8.1 General Requirements Furnish and install polymer concrete/fiberglass reinforced polymer pull boxes for fiber optic splicing, storing fiber optic cable, cable pull boxes, and noninvasive magnetic detection system appliances. Pull boxes shall be lightweight, high strength, resistance to sunlight, resistant to petrochemicals, unaffected by freeze/thaw cycles, straight sided, flush fit with sidewalk or grass, no grounding required, and be capable of anchor inserts to allow for mounting rail attachment. All fiber optic pull boxes shall be of one piece box construction. Approved fiber optic pull boxes for use in a fiber optic environment are as follows: Fiber optic pull boxes shall be manufactured of a composite mixture of polymer and concrete, and reinforced by a heavy -weave fiberglass, creating a material compressive strength of no less than 110 Psi. Each fiber optic pull box shall have a minimum design rating of 20,800 pounds, over a 10" x 10" area and be designed and tested to temperatures of -50° F. Supply fiber optic pull boxes with a heavy-duty cover having a minimum elastic design load of 20,800 pounds over a 10" x 10" area. All covers shall be produced to the AASHTO H-20 Cover Rating and meet a ASTM C857 load test of 20,800 pounds, performed as stated in AASHTO T280-87, "Standard Method of Testing For Concrete Pipe, Section, Or Tile", Section 5, and as referenced in ASTM C497. Supply a minimum of two (2) hex head bolts with washers to secure the cover to the fiber optic pull box. Any cover that has a length of above 39", shall be split or divided into two (2) equal lengths. Fiber optic pull box covers shall be embossed with "Fiber Optics" on the outside of the cover. fiber optic pull box covers shall have J -hook slots (1"W x 4"L). All pull box lids shall be embossed with "FIBER OPTICS". 7.8.2 Fiber Optic Pull Box Installation Process Prepare the excavation a minimum 6"-12" deeper than the depth of the fiber optic pull box. Add a minimum 6" of crushed rock for drainage as required, to bring the top of the box to finished grade level. Place fiber optic pull box in hole with top at grade level. While fiber optic pull box cover is in place, fill and compact soil to grade level. If grade level is raised later, the fiber optic pull box can be pulled up and bricked at the bottom with one (1) brick per side [a total of four (4)]. The cavity produced by this raising shall be eliminated by the addition of crushed rock. 7.8.3 Fiber Optic Pull Box Installation Conduit Entry Install 22.52 to 45 ° conduit sweeps into the fiber optic pull box. Conduit ends shall align in the pull box so the fiber optic cable is subjected to no more than 75% of the maximum bending radius of the cable. Provide and install a reinforced concrete apron around the installed pull box. 7.8.4 Fiber Optic Splice Vault 35 230 The fiber optic splice vault shall be manhole type, concrete constructed, with a 1/4" x 36" diameter traffic steel cover (diamond plate) with intermediate beam supports. It shall have the dimensions of 48"H x 48"W x 48"D, and shall be an open bottom manhole with a concrete collar placed at grade 12" around the entire perimeter of vault 4" thick with reinforced steel mesh. 7.8.5 List of Items for Fiber Optic Pull Boxes The items and services listed below are not an all-inclusive list. Furnish and install the following items as required: a) Pull Box— concrete, 4'H x 4'W x 4'D, with steel lid b) Pull Box — composite construction, 24"H x 36"W x 24"D, with composite lid c) Pull Box — composite construction, 24"H x 36"W x 24"D, traffic rated with composite lid d) Pull Box — composite construction, 17"H x 30"W x 12"D, with composite lid e) Pull Box— composite construction, 17"H x 30"W x 12"D, traffic rated with composite lid 7.9 OUTSIDE PLANT CABINETS 7.9.1 General Requirements Install only Field Device Cabinets Type II (3365 Special), Type III (332 Special), and Type VI (Hub Cabinet). This shall encompass all labor, equipment, materials required for pickup site delivery, validation, power hookup, and all required appurtenances for complete and operational cabinet. Cabinets shall provide an environmentally secure enclosure to house (ITS) Intelligent Traffic Systems field equipment, subsystems and systems, lighting and surge protection. The cabinet shall be designed for the explicit use of housing and protecting sensitive electronic equipment (Encoders, 10/100/1000 Ethernet switches, media converters, port/terminal service, fiber optics equipment, and other related components, etc.) within a controlled environment necessary for the proper operation of installed electronic equipment. The unit price for an installed detector cabinet shall consist of the furnishing and installation of a foundation, slab, electrical service and the transport and placement of the detector cabinet on said foundation and/or slab. The installed detector cabinet shall also include any ancillary equipment or incidental items, including mounting hardware, cabinet base, foundation, bridge pedestal base plate, and restoration of the surrounding ground to its original condition. 7.9.2 Field Device Cabinet Type II (336S Special) Install field device cabinet that provides an environmentally secure enclosure to house ITS field device equipment, subsystems and systems, lighting and surge protection. The cabinet shall be designed for the explicit use of housing and protecting sensitive electronic equipment (Encoders, 10/100/1000 Ethernet switches, media converters, port/terminal servers, fiber optics equipment, and other related components, etc.) within a controlled environment necessary for the proper operation of installed electronic equipment. The detector cabinet shall meet or exceed the following minimum requirements: a) Size: Outside dimensions shall be approximately 46"H x 24"W x 24"D; b) Lighting: The cabinet shall include door activated 20W cool white fluorescent lights; c) Electrical Outlets: One duplex (GFI) receptacle shall be included with every cabinet; d) Equipment Racks: One 19" equipment rack, adjustable 4 -post design with 5/8" - 5/8" — 1/2" spacing, with holes tapped for #12-24 screws. A rack -mounted drawer shall be included with the rack; e) Air Filtration: The cabinet shall contain a filtered air intake vent featuring re -usable, washable type filters; f) Power Distribution: The 30A main breaker provided in the cabinet shall distribute power to rack mounted equipment, lighting and outlets; g) Surge Protection: 36 231 1. Primary surge suppression shall consist of a wall or flush mounted unit with 12 AWG terminals with a maximum 80kA (8/202s), protecting lines L -N, L -G, L -L, and N -G. The unit shall meet the following environmental requirements: ambient temperatures of - 40°F to 1859F (-402C to 852C working) and 95% RH (non -condensing). Dimensions shall be 4.5" x 2.9" x 2.3". 2. A nine -outlet (seven switched, two un -switched) rack mounted surge suppressor unit shall be installed. The maximum surge current shall be 84kA with a load current of 15A or 20A, at a working voltage of 120V 50/60Hz. 3. A 19" DIN Rail kit assembly shall be installed and have enough space for 32 modular surge suppressor devices (RJ11, RJ45, or BNC connector type) attached, meeting the following criteria: ambient temperature of -402F to 1852F (-202C to 852C working) and 95% RH (non -condensing). Dimensions shall be 5.04"H x .99"W x 2.25"D. h) Common Grounding System: A floor mounted 12 -position ground bar shall be provided with the cabinet. i) Cabinet Construction: 1. The cabinet shall contain R-4 insulation to control the effect of environmental conditions. 2. Cabinet shall be of 1/8", 5052 Aluminum construction with white powder coat finish to eliminate rusting. 3. Doors shall have NEMA 3R rated with neoprene gasketing, for maximum equipment protection, and shall have heavy-duty 3 -point hardware on all doors. 4. All hinges shall be 1/8" aluminum with a stainless steel piano hinge, or continuous door length stainless steel hinges. 7.9.3 Field Device Cabinet Type III (332 Special) Install field device cabinet that provides an environmentally secure enclosure to house ITS field device equipment, subsystems and systems, lighting and surge protection. The cabinet shall be designed for the explicit use of housing and protecting sensitive electronic equipment (Encoders, 10/100/1000 Ethernet switches, media converters, port/terminal servers, fiber optics equipment, and other related components, etc.) within a controlled environment necessary for the proper operation of installed electronic equipment. The detector cabinet shall meet or exceed the following minimum requirements: a) Size: Outside dimensions shall be approximately 66"H x 24"W x 30"D; b) Lighting: The cabinet shall include door activated 20W cool white fluorescent lights; c) Electrical Outlets: One duplex (GFI) receptacle shall be included with every cabinet; d) Equipment Racks: One 19" equipment rack, adjustable 4 -post design, with 5/8" - 5/8" — 1/2" spacing with holes tapped for #12-24 screws, a rack -mounted drawer shall be included with the rack; e) Air Filtration: The cabinet shall contain a filtered air intake vent featuring re -usable, washable type filters; f) Power Distribution: The 30A main breaker provided in the cabinet shall distribute power to rack mounted equipment, lighting, and outlets; g) Surge Protection: 1. Primary surge suppression shall consist of a wall or flush mounted unit with 12 AWG terminals with a maximum 80kA (8/209s), protecting lines L -N, L -G, L -L, and N -G. The unit shall meet the following environmental requirements: ambient temperatures of - 40°F to 1852F (-402C to 852C working) and 95% RH (non -condensing). Dimensions shall be 4.5"H x 2.9"W x 2.3"D. 37 232 2. A nine -outlet (seven switched, two un -switched) rack mounted surge suppressor unit shall be installed. The maximum surge current shall be 84kA with a load current of 15A or 20A, at a working voltage of 120V 50/60Hz. 3. A 19" DIN Rail kit assembly shall be installed and have enough space for 32 modular surge suppressor devices (11111, RJ45, or BNC connector type) attached, meeting the following criteria: ambient temperature of -402F to 1852F (-202C to 852C working) and 95% RH (non -condensing). Dimensions shall be 5.04"H x .99"W x 2.25"D. h) Common Grounding System: A floor mounted, 12 -position ground bar, is to be provided with the cabinet; i) Cabinet Construction: 1. The cabinet shall contain R-4 insulation to control the effect of environmental conditions. 2. Cabinet shall be of 1/8", 5052 Aluminum construction with white powder coat finish to eliminate rusting. 3. Doors shall have NEMA 3R rated with neoprene gasketing for maximum equipment protection and shall have heavy-duty 3 -point hardware on all doors. 4. All hinges shall be 1/8" aluminum with a stainless steel piano hinge, or continuous door length stainless steel hinges. 7.9.4 Hub Cabinet Type IV (Model 3365 Special) Install cabinet that provides an environmentally secure enclosure to house ITS field device equipment, subsystems and systems, lighting and surge protection. The cabinet shall be designed for the explicit use of housing and protecting sensitive electronic equipment (Encoders, 10/100/1000 Ethernet switches, media converters, port/terminal servers, fiber optics equipment, and other related components, etc.) within a controlled environment necessary for the proper operation of installed electronic equipment. The cabinet shall meet or exceed the following minimum requirements: a) Size: Outside dimensions shall be approximately 48"H x 24"W x 24"D; b) Cabinet Configuration: The cabinet is a single door cabinet with one (1) NEMA 4 rated internal cabinet mounted to the interior of the outer cabinet; c) Lighting: The cabinet shall include door activated 20W cool white fluorescent lights; d) Electrical Outlets: One (1) duplex (GFI) receptacle shall be included with every cabinet; e) Equipment Racks: One (1) 19" equipment rack, adjustable 4 -post design, with 5/8" - 5/8" — 1/2" spacing with holes tapped for #12-24 screws, a rack -mounted drawer with tabletop shall be included with the rack. Cable management guides shall be included with the rack and shall be constructed of an 18-guage steel base plate with hook and loop fasteners. Four (4), two (2) front, two (2) rear 19" horizontal cable management guides and four (4), two (2) front, two (2) rear vertical cable management guides that shall run the vertical length of the rack; f) Air Handling / Filtration: The cabinet shall contain two (2) thermostatically controlled fans, 100 cfm rated. The cabinet shall contain a filtered air intake vent featuring re- usable, washable type filters; g) Power Distribution: The cabinet shall contain one 480/120 Volt transformer (Dry Type, 10KVA). A 30A main breaker shall be provided in the cabinet and shall distribute power to equipment, lighting, and outlets. The transformer and main breaker shall be mounted inside the outer cabinet; h) UPS: The cabinet shall contain one managed uninterruptible power supply. The UPS shall be 19" rack mounted. The UPS shall be 120V input/120V output. Output power capacity shall be 1400VA/1050Watts. The unit shall have a serial interface port for management. The unit shall be no more than 3U high; 38 233 i) Surge Protection: Primary surge suppression shall consist of a wall or flush mounted unit with 12 AWG terminals with a maximum 80kA (8/202s), protecting lines L -N, L -G, L -L, and N -G. The unit shall meet the following environmental requirements; 1. Ambient temperatures of -402F to 1852F (-402C to 852C working) and 95% RH (non - condensing). Dimensions shall be 4.5"H x 2.9"W x 2.3"D; 2. A nine -outlet (seven switched, two un -switched) rack mounted surge suppressor unit shall be installed. The maximum surge current shall be 84kA with a load current of 15A or 20A at a working voltage of 120V 50/60Hz; 3. A 19" DIN rail kit assembly shall be installed and have enough space for 32 modular surge suppressor devices (RJ11, RJ45, or BNC connector type) attached, meeting the following criteria: ambient temperature of -402F to 1852F (-202C to 859C working) and 95% RH (non -condensing). Dimensions shall be 5.04"H x .99"W x 2.25"D j) Common Grounding System: A floor mounted 12 -position ground bar is to be provided with the cabinet. 7.9.5 Outer Cabinet Construction The cabinet shall contain R-4 insulation to control the effect of environmental conditions. Cabinet shall be of 1/8", 5052 Aluminum construction with white powder coat finish to eliminate rusting. Outer door shall have NEMA 311 rated with neoprene Basketing for maximum equipment protection and shall have heavy-duty 3 -point hardware. All hinges shall be 1/8" aluminum with a stainless steel piano hinge, or continuous door length stainless steel hinges. 7.9.6 Inner Cabinet (NEMA 4) Construction The cabinet shall be a NEMA 4 rated cabinet with approximate dimensions of 20"W x 24"H x 12"D. The cabinet shall be constructed of 16-guage stainless steel or other non -corrosive material. The cabinet shall contain one 12-guage mounting plate with 10"-32" x 2" treaded hole pattern mounted to the rear of the cabinet. The cabinet shall contain one heat sink mounted to the outside rear of the inner cabinet tangent to the mounting plate. 7.9.7 Device Cabinet Base Install device cabinet base that provides an environmentally secure enclosure to house fiber optic splice closure, fiber optic drop cable slack, data cable slack, and power cable slack. The base shall be specifically fabricated to accommodate the detector cabinet as specified within this Section A268. Neoprene gasketing shall be supplied by the device cabinet base vendor that shall be applied by the installation contractor between the base and the detector cabinet. The device cabinet base shall meet or exceed the following minimum requirements: a) Outside dimensions shall be approximately 16"H x 40"W x 24"D or 16"H x 24"W x 24"D; b) Shall be fabricated from 1/8" aluminum; c) Shall have an epoxy powder coating; d) Shall have a front access panel with captive stainless steel screws; e) Shall have an open top and open bottom, each with a 2" lip for mounting and/or attachment of the detector cabinet; f) Shall have a conduit mounting plate of same size (width and depth), made of 1/4" stainless steel 316. g) All screws and hardware shall be stainless steel. 7.9.8 Base Plate All bridge pedestals shall have the existing open cable raceways sealed. These raceways shall be sealed by way of 1/4" stainless steel plates, anchored over the raceway by way of epoxy anchor drilled into the pedestal at a minimum depth of 11/4". There shall be two sizes of base plates, 18" x 12" and 10" x 10". The Contractor shall install the engineer's system manager supplied base plates where noted and/or depicted within the plan set. 7.9.9 Hub Cabinet Type VI (Master Hub Cabinet) C 234 Install a master hub cabinet that provides an environmentally cooled enclosure facility required for the sensitive network equipment to be furnished on this project. The cabinet shall be designed for the explicit use of housing sensitive electronic equipment (e.g., gigabit ethernet switches, 10/100 ethernet switches, media converters, port/terminal servers, fiber optics equipment, and other related components, etc.) within a controlled atmosphere required for the proper operating conditions for installed equipment and shall be furnished by the system manager. The master hub cabinet shall meet or exceed the following minimum requirements: a) Size: Dimensions shall be approximately 104"H x 108"W x 77"D; b) AC Unit/Cooling Unit: The cabinet shall have an AC unit/cooling unit(s) with a minimum total cooling capacity of 20,000 BTUs. The AC unit/cooling unit(s) shall be designed specifically for outdoor electronic enclosures and shall be designed for a fully-gasketed, leak -proof installation in accordance with the NEMA 4/4X enclosure rating. Refrigerant shall be CFC -free; c) Lighting: The cabinet shall include a switch controlled fluorescent light fixture providing adequate work lighting throughout the cabinet; d) Electrical Outlets: Two (2) separate duplex (GFCI) wall electrical outlets for test/maintenance equipment shall be provided. Two (2) separate standard duplex outlets shall be supplied for equipment power; e) Equipment Racks: Two (2) 19" EIA equipment racks with two (2) vertical and four (4) horizontal cable management panels per rack, placed as specified within the plan set; f) Ladder Racks: Ladder rack cable management system as depicted within the plan set shall be provided; g) Power Distribution: The cabinet shall provide for power distribution to all installed equipment racks, lighting and the air conditioning unit shall be provided; h) Lightning Protection System: Provide for lightning protection for the overall, integrated structure, including each metallic (copper) conductor penetrating the cabinet; i) Common Grounding System: A cabinet grounding system shall be provided; j) Cabinet Monitoring System: A cabinet monitoring system shall be provided to continuously monitor and report local conditions (temperature, humidity, smoke, and door alarm). 7.9.10 Construction Construct a flat, level, concrete base, meeting the requirements for Class 1, non-stressed concrete and shall be accepted according to Section 347 of the FDOT Standard Specifications, and the latest supplements. The minimum final grade shall be set at nominal 8" above the surrounding grade to ensure that water drains away from the cabinet. Restore surrounding surfaces to their original condition. 7.9.11 Method of Measurement The Detector Cabinet Type II, Detector Cabinet III, and Detector Cabinet VI shall be measured for payment at each site as installed. Detector Cabinet IV and its corresponding base (A268-4.1) shall be paid as each is installed. The Detector cabinet base installed shall be an appurtenance of the Type IV Detector Cabinet. The unit price for each master hub cabinet installed shall include all labor, equipment, foundations, mounting hardware, and miscellaneous material necessary for a complete and acceptable installation. The engineer's system manager will supply the cabinet assemblies as specified in the contract. 7.9.12 List of Items for Outside Plant Cabinets Communications Cabinet — 35"H x 24"W x 22"D, with concrete base Communications Cabinet — 51.25"H x 20"W x 18"D, with concrete base 40 235 Communications Cabinet — 37"H x 20"W x 17"D, with concrete base Device Cabinet Type 332 - 66"H x 24"W x 30"D, with concrete base 7.10 County Specification 852 — NexusWorx Fiber Documentation 7.10.1 Description: The requirements contained herein address the technical data entry of OSP and ISP fiber optic systems documentation records updates, into the Indian River County BOCC — NexusWorx Portal Fiber Optic Documentation Application. The data / information being entered into the IRC NexusWorx Portal application is U.S. Homeland Security sensitive information, and will not be shared or discussed with other organizations or persons without the written authorization of Indian River County BOCC and the County Attorney's Office. 7.10.2 General Requirements: Furnish labor only in either hourly or lump sum units, as listed below to cover fiber optic systems documentation update work as requested by the Owner. This will include but not be limited to entering technical information / detailed data provided by the Owner such as fiber optic as -built diagrams, fiber optic splice plans, technical drawings, MS Visio application drawings, etc... into the NexusWorx application portal site for update of IRC NexusWorx fiber documentation system. This technical documentation work will include additions to the IRC / IRC Fiber Consortium fiber optic network grid, modifications / changes that were made in the field by IRC fiber contractors, changes that were made by IRC Telecommunications department personnel. The data entry tasks include corrections or updates to existing data fields. Data entry will involve updates and additions required to document individual fiber optic strand connections contained within each fiber optic cable, in the IRC / IRC Fiber Consortium fiber optic network grid. General data entry component groups in the NexusWorx portal application include, but are not limited to: Fiber Optic Cable Route, Fiber Optic Conduit, Fiber Cable Cabinet Site, Fiber Cable Splice Site, Fiber Cable Pull -box Site, Fiber Connectivity, GPS Location Coordinates Data Entry, and Fiber Access Points. The labor classifications listed below will be in-house staff to your firm. Sub -Contracting or Assignment of this IRC fiber bid group is not allowed, due to U.S. Homeland Security concerns. The description of work that might be performed by someone in the following labor categories is typical. The technical educational and experience level is suggested and not necessarily required. 7.10.3 Fiber Optic Data Entry Technician: The individual in this position will interact directly with the Owner, and no one else, on any issues or questions which may arise, without making assumptions on the data entry, or format being applied. Direction of all information / data to be entered into the NexusWorx Portal application will be taken from the Owner. a) Duties: The duties of this individual include, but are not limited to the following: ✓ Review plans and specifications with Owner prior to update of NexusWorx data entry related to an IRC / IRC Fiber Consortium fiber project ✓ Accurate and timely information / data entry into the NexusWorx Portal application. The Owner will provide application login credentials to all NexusWorx Editor Access level personnel. NexusWorx Portal login passwords and/or application login credentials are assigned to a specific Fiber Optic Data Entry Technician only, and may not be shared or divulged to other unauthorized persons. ✓ Report any /all information data entry problems to the Owner in a timely manner ✓ Update the Owner with project status each day so scheduling can be adjusted based on progress ✓ Must have a clear understanding of fiber optic networks and fiber network documentation systems, covering aerial, underground, and inside plant environments. Must be capable of reading and comprehending project plans & specifications, with the ability to apply this understanding to enter 41 236 the technical information / data, effectively and accurately into the NexusWorx Portal application e) Troubleshooting: Must be able to determine why the NexusWorx portal system is not accepting information updates or generating data entry errors, and notify the Owner of a problem that cannot be quickly corrected by the technician. f) Knowledge, Abilities, and Skills: Proficiency in applying best practices for industry standard OSP & ISP fiber optic documentation systems and understanding how fiber optic systems cabling and individual fiber optic strands are visually represented and inter -connected in the fiber optic documentation environment. g) Technical Education and Experience: Two years of technical experience, or an equivalent combination of training and experience is preferred. h) Licenses and Certifications: Possession of a valid Florida Commercial Driver's License, Class B. FBI / CJIS level 2 Certification is highly recommended. Successful completion of NexusWorx End User Training / Certification Course provided by Byers Engineering Inc. is a prerequisite for the Fiber Optic Data Entry Technician. A copy of the NexusWorx End User Training course completion certificate must be provided to the Owner before access to the IRC NexusWorx Portal will be provided. All costs associated with registration, travel, and successful completion of the NexusWorx End User Training / Certification course will be completely at the Contractor's expense. Below is a brief description on the NexusWorx End User Training course. Course costs will vary, depending on Byers Engineering Inc. Training Course specifications. Byers Engineering has provided the following pricing for NexusWorx End User training: $4,200 (3 day course) —This covers the cost for standard 3 day training course for NexusWorx Editor Level. If training needs to be broken up into non -sequential sessions, the first day cost is $1,750. Each additional sequential day is $1,200. The training course will be conducted either by remote access or on-site at a location provided by the customer with internet connection and space adequate to support the attending trainees all with their own laptops or Windows PC's with internet access. Training for NexusWorx Application Editors is limited to one plus the number of NexusWorx Application subscriptions purchased. A total class size is limited to no more than 7 trainees for any class. 7.10.4 Basis of Payment: Price and payment will be full compensation for all work specified in this section. Payment will be made under: Item No. 852-3 Labor — Fiber Optic Data Entry Technician, (per Hour) 42 237 Exhibit 2 to the Agreement — Pricing 43 238 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 1, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director Jennifer Hyde, Purchasing Manager PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposition BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Comptroller Division Policies. Items indicated for disposal will be sold by online auction, and funds received from the sale of these items will be returned to the appropriate accounts. The Department of Utility Services was approached by its supplier of water meters, Empire Pipe & Supply ("Empire"), with a proposed Loyalty Program. Under this program meters less than ten years old that have been removed from service due to operating failure may be returned to Empire, in return for a deduction in the cost of replacement meters. Depending on the model of meter returned, the decrease in cost of a replacement will vary from 46 to 68 percent. Meters the Department is requesting to be returned are indicated on the list's "disposal method" column as "trade-in". FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 091223 as surplus, and authorize their disposition, as indicated. ATTACHMENT: Excess List for 091223 239 EXCESS LIST FOR 091223 Dept 1F ` Asset Fleet Description VIN/Serial Working y/n Disposal Method 106 26371 11 2012 Ford Fusion 3FAHPOHA6CR2350979 y SELL 106 25675 200 2010 Dodge Grand Caravan 2D4RNSDX6AR360834 y SELL 120 210120 758 2003 Ford Crown Victoria 2FAFP73W4SX146153 y SELL 162 29825 A/C Unit N SELL 235 26510 Dell Optiplex 7010 (CS 5075) 6KDSRW3 N SELL 235 29909 Dell Precision 36i20 (CS3437) F49LBM2 N SELL 235 29912 jDeII Precision 3620 CS 3440) F4BGBM2 N SELL 235 29911 Dell Precision 3620 (CS 3439) F4BFBM2 N SELL 235 29915 Dell Precision 3620 (CS 3443) F4BKBM2 N SELL 241 28882 Dell Optiplex 5040 9RF7TD2 N SELL 241 HP Laserjet 1320 CNLIF40821 y SELL 241 HP Officejet Pro 6968 TH91A2N0VC y SELL 241 Samsung 24" Monitor ZTAAHTNC802516P y SELL 245 23168 2006 Honda 3000 Watt Generator EZGF-1186877 N SELL 245 23157 2006 Honda 3000 Watt Generator EZGF-1186875 N SELL 265 2" Ocatave Water Meters (35 Qty) N TRADE-IN 268 22435 K950 Gas Ring Saw 03-4300084 N SELL 268 141910 Honda EG5000 Generator 00-114 N SELL 268 209400 4" CH&E Trailer Mounted Dual Diaphragm Pump SSA31TRHDO206025 N SELL 268 198210 Sewer Crawler Camera with later head 5102101 N SELL 268 191610 UCL Safety System Hoist 6158 N SELL 268 127370 Ridgid K-150OG sewer snake VR90-36618 N SELL 268 15103 Cues pro scout camera system base 4031804 N SELL 268 10002913 Lincoln hydraulic press 93102 N SELL 268 10002915 David White survey transit 2992 N SELL 268 21915 Jumping jack compactor/tamper 5455697 N SELL 268 27732 Jumping jack compactor/tamper 10153982 N SELL 268 191590 American sigma flow meter BA010011826005003-49 N SELL 268 189720 American sigma flow meter 0 N SELL 268 191570 American sigma flow meter BA109911421505002-49 N SELL 268 191580 American sigma flow meter BA030011826005001-49 N SELL 268 189730 American sigma flow meter 0 N SELL 268 21809 Billy goat vacuum 92903076 N SELL 269 196440 HE 5000 PSI Pressure Washer GX670 N SELL 269 123570 Groban 8HP Generator MNG27-5 N SELL 269 209410 4" CH&E Trailer Mounted Dual Diaphragm Pump SSA31TRHD0206024 N SELL 269 196390 Honda 1230 Walk -Behind Trencher 1T4383 N SELL 269 191130 Power Ram Hydraulic Push/Pull Bore Machine DD -2584 N SELL 269 209460 Pow -R Mole Bore Machine w/trailer T49140 N SELL 269 30550 Stih114" Quickcut Saw 3357721018 N SELL 269 137250 Aqua scope 2597-4 N SELL 269 21670 Hurco Spin Doctor valve turner boom assembly E0390AS090AAAA N SELL 269 191450 Tap -Ford NONE N SELL 269 207240 Tap -Mueller NONE N SELL 269 109790 Tap -Mueller NONE N SELL 269 23143 Radiodetection RD -500 503115 N SELL 269 23142 Radiodetection RD -500 50377 N SELL 269 153130 Wachs valve operator 56594 N SELL 269 1253410 Tap -Mueller NONE N SELL 269 1253310 Tap -Mueller NONE N SELL 269 20721 Tap -Ford NONE N SELL 269 16030 Time clock 352028151 N SELL 269 16031 Time clock 352028153 N SELL 269 30204 Mud pump 24428207 N SELL 269 30209 Mud pump 24428222 N SELL 269 30208 Mud pump 24428221 N SELL 269 26074 Mud pump 20002148 N SELL 269 27644 Mud pump 1031405 N SELL 269 27649 Mud pump 1031515 N SELL 269 30725 Mud pump 24475498 N SELL 269 27641 Mud pump 1031424 N SELL 269 28413 Mud pump 1296552 N SELL 269 27651 Mud pump 1031512 N SELL 269 28414 IMudpump 1296546 N SELL 269 28412 Mud pump 1296553 N SELL 269 30720 Mud pump 24475540 N SELL 269 28411 Mud pump 1296547 N SELL 269 23105 Mud pump D06011089 N SELL 269 26076 Mud pump 5926304 N SELL 269 30724 Mud pump 24475527 N SELL 269 30205 Mud pump 24428215 N SELL 269 28415 jMudpump 1296554 N SELL 269 30203 Mud pump 24428207 N SELL 269 24901 Mala locator machine 21-004402/12604 N SELL 269 19608 Radiodetection RD -315 451224839 N SELL 269 21252 Radiodetection RD -315 451224869 N SELL 240 EXCESS LIST FOR 091223 Dept# Asset Fleet Description VIN/Serial Working y/n Disposal Method 269 19609 Radiodetection RD -315 451224872 N SELL 269 20856 Radiodetection RD -316 450135010 N SELL 269 20851 Radiodetection RD -316 45110051A8 N SELL 269 208600 Radiodetection-PXL2-4M 162810 N SELL 269 21248 Radiodetection-RD4000MRX 11/4KMRX-223XY N SELL 269 21250 Radiodetection-RD40DOMRX 11/4KMRX-222XM N SELL 269 Radiodetection-RD4000T10 11/TSO-1-2342CM N SELL 269 76550 Concrete mixer N SELL 300 27033 Ricoh Aficio MP 3002SP Copier 201147 W8631-201147SEL Y L 241 o rstt. meeting 9-iL-zuzs INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Veteran Services Date: September 5, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Interim General Services Director From: Melissa Arndt, Veteran's Services Manager Subject: Veteran Services Lease Agreement — City of Sebastian Historical School Building Lease Agreement BACKGROUND: The Indian River County Veteran Service Offices are set to undergo significant growth and expansion necessitating the relocation of the Sebastian/North County Office which is currently located at 1921 US Highway 1, Sebastian, in the Indian River County Tax Collector's Office. The current office space is limited in size and can only accommodate one Veteran Service Officer and has limited privacy for case management services. The relocation will additionally free up space that will be available to the Office of the Property Appraiser who has requested space to better serve north County residents. The upcoming budget proposes two additional Veteran Service Officers and a part-time staff assistant for the Division with expanded services in the North County area. DESCRIPTION AND CONDITIONS: Staff has been working with City of Sebastian staff to accommodate a potential relocation of the North County Office within the City of Sebastian City Hall Complex at the Historical School Building in an area previously occupied by Indian River State College. This relocation will allow room for the newly hired Veteran Service Officers to meet with North County residents in a location that is convenient and easily accessible. The proposed office space encompasses 950 square feet on the first floor with direct handicap access, and dedicated parking facilities. The rent for this space has been offered by the City of Sebastian at $100.00 per month payable in one annual payment of $1,200 which will cover occupancy, utilities, and other incidentals. The office space will require minimal modifications and may be occupied by the beginning of the fiscal year. Upon approval by the Board of County Commissioners, Veteran Services staff will work with the County's Information Technology Department to establish necessary IT connections for the office space. 242 FUNDING: The total annual rental cost of $1,200 will be funded through the FY23-24 Veteran's Services Operational Budget and paid out of the General Fund/Veteran's Services/Rent-Buildings account, number 00120653-034420. Account Description I Account Number Amount General Fund/Veteran's Services/Rent-Buildings 1 00120653-034420 $1,200 RECOMMENDATION: Staff recommends that the Board approve the lease agreement with the City of Sebastian for the relocation of the North County Veteran Services Office and authorize the Chairman to execute the School Building Lease Agreement after review and approval by the County Attorney for legal sufficiency. ATTACHMENT: Historical School Building Lease Agreement APPROVED AGENDA ITEM FOR SEPTEMBER 12.2023 243 HISTORICAL SCHOOL BUILDING LEASE AGREEMENT This Lease Agreement ("Agreement") is entered into this day of , ("Commencement Date"), between the City of Sebastian Florida, a municipal corporation of the State of Florida, hereinafter ("Landlord") and Indian River County, a political subdivision of the State of Florida, hereinafter ("Tenant".) WITNESSETH. - Section 1. Premises. Subject to the terms hereof, and to zoning and restrictions of record, and in consideration of the mutual benefits and obligations set forth hereafter, Landlord leases to Tenant and Tenant leases from Landlord the Premises located in Indian River County, Florida, more particularly described as follows (the "Premises"): Approximately nine hundred and fifty square feet of the first floor offices located at 1235 Main Street, Sebastian, located in Indian River County, Florida. Section 2. Term. This Agreement shall be for a one (1) year term commencing upon the Commencement Date and expiring at the end of same. At the end of the initial term, the Agreement shall renew in automatic one (1) year terms until terminated by the Parties under the same terms and conditions as set forth herein. The Commencement date is established to be the date as signed by the last signing Party. Termination of the lease shall be with or without cause upon 30 days' notice prior to the end of the initial term or any renewal term. Section 3. Rent. Tenant shall pay to Landlord during the term of this Agreement, an annual Rent in the amount of one thousand two hundred dollars to be paid annually on the Commencement Date in advance, without demand, reduction or set-off (the "Rent"). The Landlord shall provide electric, water and sewer services to the Premises. Section 4. Use. Tenant shall use and occupy the Premises only for pre -approved community services. Tenant shall not use the Premises in a disreputable, ultra -hazardous or unlawful manner, or in any manner that would constitute a public or private nuisance. Tenant shall provide all of its own office equipment, furniture and furnishings and shall insure such equipment, furniture and furnishings as it deems desirable, but, in no event, shall make a claim against the Landlord for any losses. Tenant shall not perform any acts on the Premises that would generate noxious odors or annoying noises. Tenant acknowledges existence of equipment located on the Premises which it shall not damage or destroy but for ordinary wear and tear, Tenant shall also bear all cost and expense of obtaining its own fiber network and related maintenance for same. Section 5. Hazardous Substances. Tenant shall not use, store, generate, dispose of, release or otherwise handle or possess any hazardous substance on or about the Premises. Should Tenant violate this provision, then Tenant shall indemnify, defend, and 244 hold Landlord harmless from all claims, charges, penalties, fines, liabilities, costs (including clean-up costs), and all other obligations and expenses arising directly or indirectly from such violation. Section 6. Quiet Enjoyment. Upon paying the Rent and performing all other covenants and obligations under this Agreement, Tenant shall hold the Premises free from disturbance. Section 7. Redelivery. Tenant covenants that at the termination of this Agreement, whether by expiration, default or otherwise, Tenant shall promptly re -deliver the Premises to Landlord free from subtenancies and in the condition the Premises are presently in, reasonable use and wear excepted. Any personal property or trade fixtures remaining on the Premises three days after termination shall be deemed abandoned by Tenant, and may be disposed of as Landlord deems fit at Tenant's expense. All personal property or fixtures located in the Premises on the Commencement Date shall be redelivered in good condition with the Premises. Section 8. Acceptance of Premises. Tenant acknowledges that Landlord has made no representation or warranty that the Premises are fit for Tenant's intended use. Tenant has inspected the Premises, and Tenant accepts the Premises "as is". Section 9. Indemnification/Liability/Loss. Both of the parties are protected by sovereign immunity and each party shall indemnify, defend and save the other party harmless, to the extent and limits permitted by law including, but not limited to, Section 768.28, Florida Statutes, from and against all claims, demands, obligations, liabilities, penalties, fines, charges, costs and expenses, including attorney's fees, costs and expenses for the defense thereof, arising from occurrences on or about the Premises or from the party's negligent activities thereon. Should claim be brought against a party or a parry be made a party to any action relating to the other party's negligence then the party shall reimburse the other party for all attorney's fees, costs and expenses incurred by the non -negligent party in connection with the claim or action. Section 10. No Assignment without Consent. Tenant shall not assign this Agreement or any of Tenant's rights hereunder, nor sublet the Premises or any portion thereof, without first obtaining the written consent of Landlord. Section 11. Default. Landlord, at its option, may terminate this Agreement on three days' notice to the Tenant: (a) if any Rent due hereunder is not paid when due; or (b) if the Premises are abandoned by Tenant or otherwise become and remain vacant or deserted for a period of 10 days or more; or (c) if the Premises are used for some purpose other than the use authorized herein; or (d) if Tenant shall have failed to cure a default in the performance of any other provision of this Agreement or any rule or regulation set forth herein within ten 10 days after written notice thereof to Tenant from Landlord, or if such default cannot be completely cured in such time, if Tenant shall not promptly proceed in good faith to cure such default within said ten 10 days, or shall not complete the curing of such default with due diligence. In the event that Landlord elects to 2 245 terminate this Agreement, then, upon the expiration of the aforesaid three day notice period, Tenant shall remain liable for damages to the maximum extent provided herein or permitted by law. Section 12. Destruction of Premises. In the event that the Premises or a portion thereof is destroyed or damaged by fire or other casualty, then Landlord may or may not elect to repair or rebuild the Premises or to terminate this Agreement. If Landlord elects to repair or rebuild, this Agreement shall remain in force, and Landlord shall complete all repairs or rebuilding after such election. If Landlord elects to terminate this Agreement rather than to repair or rebuild, Tenant shall promptly surrender possession of the Premises to Landlord and neither Landlord nor Tenant shall have any remaining obligations hereunder, except any obligations owed by Tenant that accrued before the casualty, which obligations Tenant shall forthwith settle. Landlord shall not be liable for any damages, inconvenience, or annoyance to Tenant resulting from any damage to the Premises or from the repair or replacement thereof, and shall not be liable for any delay in restoring the Premises unless arising from the Landlord's negligent or wrongful action. If Tenant's negligence or the negligence of Tenant's agents, employees or invitees results in damage or destruction to the Premises, then notwithstanding any other provision of this Agreement, Tenant shall be obligated to pay the cost or repair, replacement or restoration that exceeds any available insurance proceeds therefore, and Rent shall not abate during the period of repair or restoration. Section 13. Liability for Loss of Personal Property. All personal property placed or moved in the Premises shall be at the risk of Tenant. Landlord shall not be liable for any damage to person or to property occurring on the Premises or related to Tenant's use thereof including, but not limited to, damages arising from the bursting or leaking of water pipes. Section 14. Alterations. Tenant shall not make any alterations to the Premises without first obtaining the written consent of Landlord. Any alterations so approved by Landlord shall (a) be made in a good and workmanlike manner; (b) be paid for in full by Tenant; (c) be made with materials of comparable or better quality than are already in place; and (d) not weaken the Premises or cause a reduction in fair market value of the Premises. Section 15. Access to Premises. Landlord may enter the Premises at any time for the protection or preservation of the Premises. Section 16. Cost of Collection and Attorney's Fees. In the event of legal proceedings between the parties, the prevailing party in such proceedings shall be entitled to have its costs and attorneys' fees, including costs and attorneys' fees for appellate proceedings, paid by the non -prevailing party. Section 17. Liens. Tenant agrees to keep the Premises free and clear of any lien or encumbrance of any kind whatsoever created by Tenant's acts or omissions and Tenant shall indemnify and defend, to the extent and limits permitted by law, Landlord against 3 246 any claim or action brought to enforce any lien imposed on the Premises because of Tenant's negligent act or omission. Except as specifically provided otherwise herein, Tenant shall have 10 days after receiving notice of any such lien or encumbrance to have such removed. If Tenant fails to have such removed within that time, Tenant shall be in default. Section 18. Waiver. No act of a party shall be deemed a waiver of any of the party's rights hereunder, unless such waiver is specifically made in writing. A party's forbearance to enforce any rights hereunder or to exercise any available remedy, or to insist upon strict compliance herewith, shall not be deemed a waiver or forfeiture of such rights, remedies or strict compliance, nor shall such forbearance stop the parry from exercising any available rights or remedies or from requiring strict compliance in the future. Landlord's acceptance of any late or inadequate performance including, but not limited to, late or insufficient payments of Rent, shall not constitute a waiver or forfeiture of Landlord's right to treat such performance as an event of default or to require timely and adequate performance in the future. Section 19. Notices. All notices or other communication required or permitted to be given pursuant to this Agreement shall be in writing and shall be construed as properly given if mailed by registered or certified mail with return receipt requested. It is agreed that notice so mailed shall be reasonable and effective upon the expiration of three business days after its deposit. Notice given in any other manner shall be effective only if and when received by the addressee. For purposes of notice, the addresses of the parties shall be the address as follows: Indian River Board of County Commissioners City Manager 1801 27th Street City of Sebastian Vero Beach, FL 32960 1225 Main Street Sebastian, FL 32958 Section 20. Construction. Whenever the context permits, or requires the use of the singular in this Agreement shall include the plural and the plural shall include the singular. Any reference herein to one gender shall likewise apply to the other gender and to the neuter; and any reference herein to the neuter shall refer likewise to one or both genders. Any reference herein to a person shall include trusts, partnerships, corporations, and other entity, as appropriate. Section 21. Captions. The captions to the provisions of this Agreement are for convenience and reference only and in no way define, limit or describe the scope or intent of this Agreement nor in any way effect the substance of this Agreement. Section 22. Applicable LawNenue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue shall be in the Nineteenth Judicial Circuit Court in and for Indian River County, Florida 4 247 Section 23. Survivability. The parties agree that all of Tenant's indemnities, representations and warranties made herein, shall, to the extent and limits permitted by law, survive the termination or expiration of this Agreement and that the termination or expiration hereof shall not release Tenant from any accrued, unfulfilled or unsatisfied liabilities or obligations. Section 24. Merger. No prior or present agreements or representations shall be binding upon the parties hereto unless incorporated in this Agreement. No modification or change in this Agreement shall be valid or binding upon the parties unless a writing is executed by the parties to be bound thereby. Section 25. Parties Bound. This Agreement shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the parties. In the event Landlord or any successor -owner of the Premises shall convey or otherwise dispose of the Premises, all liabilities and obligations of Landlord, or any successor - owner as Landlord, to Tenant under this Agreement shall terminate upon such conveyance or disposal and the giving of written notice thereof to Tenant. Section 26. Severability. If any provision of this Agreement should be in conflict with any public policy, statute or rule of law, or is otherwise determined to be invalid or unenforceable, then such provision shall be deemed null and void to the extent of such conflict, but without invalidating the remaining provisions. Section 27. Accord and Satisfaction. No payment by Tenant or receipt by Landlord of a lesser amount than the Rent herein stipulated shall be deemed to be other than on account of the earlier Rent, nor shall any endorsement or statement on any check or any letter accompanying any check or Rent payment be deemed an accord and satisfaction. Landlord may accept such check or payment without prejudice to Landlord's right to recover the balance of such Rent or pursue any other remedy provided in this Agreement. Section 28. Time Periods. Time is of the essence in this Agreement. Any reference herein to time periods of less than six days shall exclude Saturdays, Sundays and legal holidays; and any time period provided for herein that ends on a Saturday, Sunday or legal holiday shall extend to 5:00 o'clock pm of the next full business day. Section 29. Recording. This Agreement shall not be recorded in the Land Records of Indian River County. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals on the date stated. 5 248 ATTEST: TENANT: CLERK TO THE BOARD INDIAN RIVER BOARD OF COUNTY COMMISSIONERS , CHAIRMAN Date: LANDLORD: CITY OF SEBASTIAN, FLORIDA FRED JONES, MAYOR Date: ATTEST: Jeannette Williams CITY CLERK APPROVED AS TO FORM AND LEGALITY: Jennifer Cockcroft CITY ATTORNEY 6 249 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Deputy County Administrator / Department of General Services Date: September 5, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator 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 CONSENT 7-1 BCC Meeting Subject: Children's Services Advisory Program FY 23/24 Agency Grant Contract BACKGROUND: On April 18, 2023, the Board of County Commissioners accepted and approved the FY23-24 Children's Services Request for Proposal, the FY23-24 Children's Services Program Grant Application, and the FY23-24 Children's Services Program Sample Agency Grant Contract. On the same day, the County issued the Request for Proposals (RFP) for the Children's Services Advisory Program with an open recruitment for proposals for a period of three weeks. Over the course of three days from June 8-10, 2023, the Children's Services Advisory Committee (CSAC) Grant Review Subcommittee (Subcommittee) convened to evaluate each funding proposal and determine the grant awards recommended for funding. The proposal evaluation criteria included: priority of an identified need(s), program viability, measurable outcomes, organizational capacity, and financial health. The Subcommittee's evaluation and discussion resulted in the recommendation of awards to 46 programs and contingency funding for two additional programs if awarded funding becomes available through default, noncompliance, or early termination of an awarded grant program during the fiscal year. On June 12, 2023, the CSAC reviewed and approved the Subcommittee' funding allocations for children's programs as recommended by the Grant Review Subcommittee. On June 20, 2023, the Board of County Commissioners approved the CSAC's recommendation for funding as presented for FY23-24 in the amount of $2,773,383 plus contingency funding for two additional programs should funding become available during the fiscal year. DESCRIPTION AND CONDITIONS: In preparation for issuance of Grant Contracts to awarded agencies/programs, staff is recommending that the Board approve minor modifications including an update to include reference to the current ordinance, corrections for readability, and two additions to Section 5 which will provide additional accountability and oversight to the programs awarded funding in FY23-24. A summary of the changes are shown below and also underscored in the Sample Grant Contract. 250 Background Recitals: Section B - Revised "B. The County adopted Ordinance 99-1 on January 19, 1999, and amended by Ordinance 2022- 007 adopted on May 17, 2022, ("Ordinances") establishing the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed." 2. Purpose of Grant - Modified 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete proposal submitted by the Recipient attached hereto as "Exhibit A - Children's Services Advisory Committee Grant Application - CSAC 2023-24 Grant Application and all associated Supporting Documents" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 5. Additional Obligations of Recipient Modify 5.1.1 (add in bold) 5.1.1 Cooperation. The Recipient, 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 the Clerk of Courts and Comptroller. Cooperation shall include, but is not limited to, providing records, bank statements, attendance rosters, answering questions, and participating in interviews by County or Clerk of Courts and Comptroller staff. The Recipient, its directors, managers, employees, and volunteers shall respond to requests for information within 5 business days, unless the County or Clerk of Courts and Comptroller agree to an alternative response time. Add 5.3.1 5.3.1 Attendance Tracking: Funded programs are required to submit quarterly attendance reports to the County. These reports will detail participant numbers and demographic information, facilitating an accurate evaluation of program reach and impact. Add 5.4 5.4 Site Visits: In support of effective coaching, feedback, and assistance to agencies, site visits will be jointly conducted by CSAC staff and, when available, a committee -appointed representative from the Children's Services Advisory Committee. These visits will provide valuable insights into program implementation, alignment with stated objectives, and potential areas for improvement. This comprehensive assessment approach ensures the optimal development of the funded programs. Modify 5.5 through 5.9 (modify subsequent numbering sequentially) FUNDING: No funding is required for the subject task. RECOMMENDATION: Staff recommends that the Board accept the revised FY23-24 Children's Services Program Sample Indian River County Grant Contract as submitted and authorize the County Administrator to execute the 46 program contracts for Fiscal Year 23-24 after review and approval by the County Attorney for legal sufficiency. 2 251 ATTACHMENTS: Children's Services Program FY23-24 Sample Indian River County Grant Contract - Revised 252 Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2023 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County') and _ Background Recitals (Recipient) of (Address)for (Name of Program). A. The County has determined that it is in the public interest to promote healthy children in a healthy community. B. The County adopted Ordinance 99-1 on January 19, 1999, and amended by Ordinance 2022-007 adopted on May 17, 2022, ("Ordinances") establishing the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed." C. The Children's Services Advisory Committee has issued a request for proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose. D. The proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County. E. The Recipient, by submitting a proposal to the Children's Services Advisory Committee, 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. F. The County has agreed to provide such Grant funds to the Recipient 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 Recipient attached hereto as "Exhibit A - Children's Services Advisory Committee Grant Application - CSAC 2023-24 Grant Application and all associated Supporting Documents" and incorporated herein by this reference (such purposes hereinafter referenced as "Grant Purposes"). 3. Term. The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2023/24 ("Grant Period"). The Grant Period commences on October 1, 2023 and ends on September 30, 2024. 4. Grant Funds and Payment. The approved Grant amount for the Grant Period is ($ ). The County agrees to reimburse the Recipient 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 "B" attached hereto and incorporated herein by this reference. All 253 reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 5. Additional Obligations of Recipient. 5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient 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 shall have access to all books, records, and documents as required in 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. 5.1.1 Cooperation. The Recipient, 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 the Clerk of Courts and Comptroller. Cooperation shall include, but is not limited to, providing records, bank statements, attendance rosters, answering questions, and participating in interviews by County or Clerk of Courts and Comptroller staff. The Recipient, its directors, managers, employees, and volunteers shall respond to requests for information within 5 business days, unless the County or Clerk of Courts and Comptroller agree to an alternative response time. 5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations. 5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to the number of unduplicated children served during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 5.3.1 Attendance Tracking Funded programs are required to submit quarterly attendance reports to the County. These reports will detail participant numbers and demographic information, facilitating an accurate evaluation of program reach and impact. 5.4 Site Visits In support of effective coaching, feedback, and assistance to agencies, site visits will be jointly conducted by CSAC staff and, when available, a committee -appointed representative from the Children's Services Advisory Committee. These visits will provide valuable insights into program implementation, alignment with stated objectives, and potential areas for improvement. This comprehensive assessment approach ensures the optimal development of the funded programs. 5.5 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 180 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 5.5.1 The Recipient 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. 254 5.5.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 5.6 Insurance Requirements. Recipient shall, no later than October 1, 2023, 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. 5.7 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. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient'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 Recipient 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 Recipient's place of business,,of any and all insurance policies that are required in this Contract. If the Recipient 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. 5.8 Indemnification. The Recipient 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 Recipient, its agents, officers, or employees in connection with the performance of this Contract. 5.9 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). The Recipient shall comply with Florida's Public Records Law. Specifically, the Recipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 255 (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 Recipient upon termination of the Agreement 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 Recipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 PUBLICRECORDS(a-IRCGOV.COM Indian River County of the County 1801 27"' Street Vero Beach, FL 32960 6. Termination. 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 Recipient if the County determines that such termination is in the public interest. 7. 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. 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit C and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 10. Notification. Recipient shall notify County of all changes in Recipient's senior management and of any litigation filed against or by Recipient. 256 IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Approved: John A. Titkanich, Jr., ICMA-CM, AICP County Administrator Approved as to form and legal sufficiency: Bill DeBraai,;County Attorney EXHIBIT A [Copy of proposal Cover Page and Funder Budget] EXHIBIT B [From policy adopted by Indian River County Board Of County Commissioners on August 16, 2022.] "D. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this maybe reported to the Board of Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 15t may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal year end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary." 259 EXHIBIT C STANDARD TERMS FOR GRANT CONTRACT 1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Human Services Division Indian River County 1900 27TH Street Vero Beach, Florida 32960-3365 Recipient: 2. 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. 3. 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. 4. 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. 5. 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. 6. Independent Contractor. The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient 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 Recipient's sole direction, supervision, and control. 7. Assignment. This Contract may not be assigned by the Recipient without the prior written consent of the County. 260 o. 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: North County Library Expansion, IRC -2009 Final Payment, Release of Retainage and Change Order No. 1 DATE: August 29, 2023 DESCRIPTION AND CONDITIONS On April 12, 2022 the Board of County Commissioners awarded Bid No. 2022021 to Proctor Construction Company, LLC. in the amount of $1,865,456.10 for a 2,800 -square foot addition to the North County Library to modify the existing story room and expand it into a makerspace/STEAM Lab, provide for two small conference rooms and other ancillary improvements to support the expansion. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract price by $137,923.78 for a final cost of $1,727,532.32 and make final contract time adjustments. Proctor Construction Company, LLC. has successfully completed the project and has been paid $1,638,838.51, with $86,254.66 held in retainage. Proctor Construction Company, LLC. has submitted Contractor's Application for Payment No. 13 for payment of $2,439.15 and release of retainage in the amount of $86,254.66 for a total of $88,693.81. FUNDING Funding in the amount of $88,693.81 is budgeted and available from the following accounts: Optional Sales Tax/North County Library Account No. 31511271-066510-20027 Expansion $2,439.15 Optional Sales Tax/North County Account No. 315-206000-20027 Library/Retainage - Proctor Construction $86,254.66 261 Page 2 of 2 Final Payment, Release of Retainage & CO 1 for North County Library Expansion, IRC -2009 BCC Agenda Item for 9/12/2023 RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 13 to Proctor Construction Company, LLC. in the amount of $88,693.81 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Change Order No. 1 2. Contractor's Application for Payment No. 13 APPROVED AGENDA ITEM FOR SEPTEMBER 12, 2023 C:\Granicus\Legistar5\L5\Temp\fO2594da-b2f7-4d20-98a7-OOc2a47f80df.doc 262 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 9/12/23 No. 1 EFFECTIVE DATE:9/12/23 OWNER: Indian River County CONTRACTOR Proctor Construction Company, LLC Project: NORTH COUNTY LIBRARY EXPANSION OWNER's Project No. IRC -2009 OWNER'S Bid No. 2022021 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount, release retainage to the Contractor and make final contract time adjustments. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $1,865,456.10 Net decrease of this Change Order: ($137,923.78) Contract Price with all approved Change Orders: $1,727,532.32 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 90 Final Completion: 120 Net increase this Change Order: (days) Substantial Completion: 42 Final Completion: 42 Contract Time with all approved (days) Change Orders: Substantial Completion: 132 Final Completion: 1 162 RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: IRC -2009 COl 20230912 00942-1 F :\Public Works\ENGINEER[ NG DIVISION PROJECTS12009 North County Library Add ition\1-Adm in\Agenda Items\Project Closeout\IRC-2009_CO1_20230912.d��� 05/01 c Rev. CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: North County Library Expansion PROJECT NO. IRC- 2009 BID NO. 2022021 Item No. Description Unitj Quantity Unit Price Price Increase Price Decrease 9.16 Cut Tile Bid Form Quantity Error SF 2,792.00 13.23 36,938.16 _Vinyl WCD#1 Stormwater culvert extension and connect additional sewer lateral LS 1.00 12,591.84 12,591.84 WCD#3 Unsuitable Soil removal and replacement LS 1.00 47,710.61 47,710.61 WCD#4 Additional Awabuki Vibrurnum six feet 6' high LS 1.00 1,273.43 1,273.43 WCD#7 Additional Clusia, 15 gallon container meet Sebastian Ordinance LS 1.00 2,438.50 2,438.50 999-25 Force Account LS 1.00 165 000.00 165 000.00 SUBTOTALS 64,014.38 201,938.16 North County Library Expansion TOTAL ($137,923.78 264 ':\Public Works\ENGINEERING DIVISION PROJECTS\2009 North County Library Addition\1-AdrnmlAgenda Items\Project Closeout\IRC-2009_FCO_20230912 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. 2023041 Jackie Robinson Training Complex Walking Trail, IRC -1908 DATE: August 25, 2023 DESCRIPTION AND CONDITIONS On June 18, 2019, the Board of County Commissioners approved Work Order No. 10 with MBV Engineering, Inc. to provide design services, including permitting, bidding, and construction administration for the Jackie Robinson Training Complex Walking Trail. The improvements consist of a 12' millings walking trail, two (2) asphalt driveway connections to the adjacent roadways (43rd Avenue and Aviation Blvd.), a milling access road connecting the two (2) driveway aprons, installation of a new tree line along the west side of the parcel (adjacent to 43rd Avenue) and a steel span prefabricated pedestrian bridge connecting the walking trail parcel to the cloverleaf fields to the east. A bid opening for the project was held on August 9, 2023. Two (2) bids were received and opened. A detailed bid tabulation is on file and available for viewing in the Public Works Engineering Division. Bid total is as follows: COMPANY BID Prince Land, Inc. $1,322,979.64* Stuart, FL Timothy Rose Contracting, Inc. $1,507,591.92 Vero Beach, FL *Denotes mathematical error on bid form corrected. Prince Land, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,322,979.64, which is $230,748.61 less than the Engineer's Cost Estimate of $1,553,728.25. Prince Land, Inc. has not previously worked on a County project. Upon review of the bid and qualifications, County staff, in coordination with MBV Engineering, Inc. has determined that Prince Land, Inc. has successfully completed similar projects. 265 Award of Bid No. 2023041 Jackie Robinson Training Complex Walking Trail, IRC -1908 For September 12, 2023 BCC Meeting FUNDING Currently, there is $943,283.56 in Account No. 31521072-066510-19021/Optional Sales tax/JRTC Walking Trail. The balance of $379,697 will be programmed into the 2023 Capital Improvement Element (CIE). RECOMMENDATION Staff recommends the project be awarded to Prince Land, Inc., in the amount of $1,322,979.64. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, the receipt and approval of required insurance by the Risk Manager and after the Contractor has become registered with the Building Division. ATTACHMENTS Sample Agreement AGENDA ITEM FOR SEPTEMBER 12, 2023 C:\Granicus\Legistar5\L5\Tcmp\d61 c5e6d-254c-4 10 1 -a 1c2-Oda0RU86c5.doc 266 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 includes a 12' wide millings walking trail, two driveway connections to the adjacent roadways (43rd Avenue and Aviation Blvd.) a milling access road connecting the two driveway aprons, resurfacing an existing parking lot, and installing 60" pipe culvert. The County has stock piled millings on site for the project. Contractor shall be required to crush stock piled millings to pass sieve size of less than 1 inch. Also included in the project are installation of a new tree line along the west side of the parcel (adjacent to 43rd Avenue) and constructing a steel span/recyclable material pedestrian bridge connecting the walking trail parcel to the cloverleaf fields to the east. 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: JACKIE ROBINSON TRAINING COMPLEX WALKING TRAIL County Project Number: IRC -1908 Bid Number: 2023041 Project Address: 4303 26111 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 4.01 Time of the Essence 267 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 $1,665.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,665.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.013, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: ARTICLE 6 - PAYMENT PROCEDURES 268 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 substantial completion of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $10 million, at the time the OWNER is in receipt of the Certificate of Substantial Completion, the OWNER shall have 30 calendar days to provide a list to the CONTRACTOR of items to be completed and the estimated cost to complete each item on the list. OWNER and CONTRACTOR agree that the CONTRACTOR'S itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, OWNER shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide CONTRACTOR with said list. C. Payment of Retainage - Within 20 business days following the creation of the list, OWNER shall pay CONTRACTOR the remaining contract balance including all retainage previously withheld by OWNER except for an amount equal to 150% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list, the CONTRACTOR may submit a payment request for the amount of the 150% retainage held by the OWNER. If a good faith dispute exists as to whether one or more of the items have been finished, the OWNER may continue to withhold the 150% of the total cost to complete such items. The OWNER shall provide CONTRACTOR written reasons for disputing completion of the list. 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. 269 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. 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 270 F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1 9. General Conditions (pages 00700-1 to 00700-37, inclusive); 271 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. Civil Drawings consisting of a cover sheet (Cl a), and sheets numbered C1 through C9. inclusive, Structural Drawings having sheets numbered S1 through S4, inclusive with each sheet bearing the following general title: Jackie Robinson Training Complex Walking Trail; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, 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); 272 ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (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 273 reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public `records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-142 publicrecords@irceoy.cotri .. Indian River County Office oithe County Attorney 1801 27"' 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] 274 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY M Joseph H. Earman, Chairman 0 By: John A. Titkanich, Jr., County Administrator Attest APPROVED AS TO FORM AN SUFFICIENCY: By: William K. DeBraal, Ryan L. Butler, Clerk of Court and Cn 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) (CORPORATE SEAL) Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) * * END OF SECTION * * 275 JRTC Trail Location Public Works Department September 12, 2023 9/12/23 Item 8.P. 9/12/23 Item S.P. MI 215- 2 9/12/23 Item 8-R '21CD" 3 U, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Providence Pointe PD Waiver Request to Eliminate 15 -foot Stormwater Maintenance Area DATE: September 5, 2023 CRIPTION AND CONDITIONS The Engineer of Record for the Providence Pointe PD development has contacted Public Works and Planning regarding a wavier to eliminate the requirement for the 15 -foot Stormwater Maintenance Area (SMA) around the stormwater retention system in Phase Two of the development. See the attached Waiver Request Letter. Phase two of the development features a unique design with the residential units located close to the rear property line at the lake. The lake is proposed to be entirely built with a seawall, with the homes built close to the rear, which incorporates porches/decks that overhang the seawall over the lake and will have access docks for small water craft (canoes, kayaks, small sailboats). See the attached Boathouse Exhibit. Planning and Zoning approved the conceptual plan for Phase Two on June 22, 2023. The Engineer was aware at that time that the Board would need to approve a waiver to the SMA and due to the unique design Public Works and Planning would support a waiver request to the Board. The Developer is planning on moving forward with the design of Phases One and Two, but is reluctant to complete the design and submit a Land Development Permit (LDP) application until a waiver to the 15 -foot SMA for phase two is approved. No funding is required for this item. RECOMMENDATION Staff recommends that the Board approve the waiver to eliminate the 15 -foot Stormwater Maintenance Area for Phase Two only and condition the approval such that if the design concept changes in the future, the waiver will be terminated. 276 Page Two Providence Pointe PD Waiver Request to Eliminate 15 -foot Stormwater Maintenance Area BCC Meeting 9/12/2023 ATTACHMENTS 1. Boathouse Waiver Request Letter 2. Boathouse Exhibit APPROVED AGENDA ITEM FOR SEPTEMBER 12, 2023 C:\Granicus\Legistar5\L5\Temp\d8e30723-334b-4389-86f7-b03255ed4f9a.docx 277 JOSEPH W. SCHULKE, P.E. JODAH B. BITTLE, P.E. WILLIAM P. STODDARD, Ph.D., P.E. August 23, 2022 SCHULKE, BITTLE & STODDARD, L.L.C. CIVIL & STRUCTURAL ENGINEERING • LAND PLANNING • ENVIRONMENTAL PERMITTING Rich Szpyrka, Director Public Works Indian River County 1801 27th Street Vero Beach, FL 32960 Re: Providence Pointe Waiver Request - 15' SMA Dear Mr. Szpyrka: The Providence Pointe PD is currently under review for a modification to the approved site plan. Concurrent with the site plan application, the applicant is hereby requesting that the public works director approve a waiver or recommendation for a waiver from the 15' Stormwater maintenance area (SMA) typically provided around the perimeter of the stormwater management tract (IRC code section 930.07 (1)(m)(2) and (4)). This change is applicable to a portion of the development within Phase 2 that will be located at the SE corner of the site development, adjacent to 58th Ave/ 41 st street. The proposal includes a new residential concept, aptly named "East Lake BoatHouse" homes. These homes are proposed to be built adjacent to a 3 acre+- stormwater tract (pond) that is connected to an existing very large on-site 32 -acre lake. The connection will be made via a Con - Span culvert or equivalent, that is large enough to permit the passage of small boats (i.e. kayaks, canoes, row boats, paddle boards, etc.). This land plan proposes a unique boating and recreational lifestyle for the community, providing direct access to the 32 -acre lake and recreation amenity, and provides a unique home design with a traditional waterfront lifestyle. I have included several exhibits (attached), which illustrate this proposal and the alternate maintenance provisions as described below. The design of the stormwater tracts and lots for the Providence Pointe East Lake Boat House — Phase 2, propose the following: Stormwater Tract: • The stormwater tract (Tract 10) will be a manmade pond (approx. 3 acres) designed to operate as a standard wet detention system, and will be interconnected with an existing 32 -acre lake, and two other manmade ponds, that together will provide approximately 51 acres of surface water serving the entire Providence Pointe TND PD. • The pond will have a seawall at the stormwater tract / rear lot line boundary (pond perimeter). Top of wall (el. 20.25') will be set above the 25 yr. peak stage (el. 20.1' estimated) • The submerged lake bottom is designed to have a flat 15' wide maintenance shelf at el. 15.0', which is approx. 3' below normal water level (NWL = 18.0 ft.). This flat shelf will extend from the seawall 15' waterward then the lake bottom slopes at 4:1 to el. 12.0 ft., then 2:1 or flatter to the proposed lake bottom. 1717 INDIAN RIVER BLVD., SUITE 201, VERO BEACH, FLORIDA 32960 TEL 772 / 770-9622 F.vc 772 / 770-9496 EMAIL info@sbsengineers.com 27 8 Page 2 of 3 • There will be six (6) openings in the seawall at common area tracts where access to the water body and maintenance shelf can be made via 6:1 or flatter slopes. • The pond depth is shallow (2' to 3') at either end of the Con -Span culvert connection between the pond and the 32 -acre recreation lake. This location is accessible for equipment and designed to provide a location to construct a temporary cofferdam in the event that the pond needs to be drawn down for any future major lake bottom or seawall maintenance. Design draw down elevation is 13.5 ft. Stormwater Tract/ lot interface: • Adjacent homes would be subject to a min. 6' rear primary building setback • Decks/ docks may extend into the setback, and over the seawall and water body into the tract as much as 5'. • Decks may be supported by pilings installed waterward of seawall. POA regulations will include: • Lot owners are permitted to encroach into stormwater tract for construction, use and maintenance of decks/ pilings, and access to the pond for recreation. • POA or its designated agent will be the sole maintenance entity for all properties/ all lots. • All lots are subject to a general access and maintenance easement for maintenance of the grounds, including drainage, irrigation, landscape, seawall and adjacent pond. • POA retains rights to maintain the seawall and lake bottom and may remove decks/ pilings as needed. (POA rights to the construct and maintain the seawall supersede lot owners' rights to the deck structure). • All rear lots adjacent to the stormwater tract are subject to a 5' construction and maintenance easement for POA. • The building foundation for all homesites shall provide design considerations that permit long term viability of the residential structure, and the design shall consider possible future seawall repair, reconstruction or replacement. Foundations will be designed to a depth and location that would not be undermined or compromised in the event of the removal, replacement or repair of the seawall. Maintenance provisions: • The seawall will provide a hardened edge of the water body and should minimize common maintenance issues that would otherwise occur at standard SMA's (erosion of lake bank and regrading/ sodding needed). • POA, as the singular maintenance entity, will annually inspect the seawall and adjacent grading and stability of earth, and make repairs as needed. • POA will, when necessary, draw down lake and access the lake and seawall via the maintenance shelf for inspections, repairs, reconstruction, or replacement of seawall, and provide any required regrading and stabilization of the lake bottom or areas landward of the seawall. We believe that a waiver from the required stormwater maintenance area should be approved with the condition that the above outlined design, operation and maintenance provisions are incorporated within the land development permit engineering design, individual home site design, and within the development's covenants and deed restrictions. 779 Page 3 of 3 Upon your review, please let me know if you have any questions or would like to meet and further discuss. Your support for this request for a waiver would be greatly appreciated. KSS;i,ncly,W. Schulke, P.E. 280 ao N UI lw v / Z) O W �N C wo Q G U 0 z °W J O ZZLL go o It O a LL CL W=LL 1 I I Q H Q p O W J O an W F- Z w,W Lu F- 0 (n) U)D 06 O M md0 Wed LL Z � W J�o� J x M =cn> M �LL QW W ZOZ Yd J D Z N XO ZNZ U� 'W W LDo U)9 Q ^ U LL W O L1J a Cl) z J _ o Q W a �-- o Lu w z Z U 0 Z Z Q w O w U 1:2:5 W a 0a!YJ U WFcc>U w 0 09 5g> 0 UmU-CL w w w x PROVIDENCE POINTE SCHULKE, BITTLE & STODDARD, L.L.C. 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BOATHOUSES VERO BEACH, LLC C1W k SnWR*4t DMEMW. (AND PLAMWW . 049MI111MAL PDWW TYPICAL SECTION 5 VERO BEACH, FLORIDA COn*XAIM by AunalmA,cR Na: b00o OF 5 INDIAN RIVER COUNTY 1717 INDIAN RIVER BLVD., SUITE 201 VERO BEACH, FLORIDA 32960 SCALE: 1 INCH = 6 FEET TEL 772 / 770-9622 FAX 772 / 770.OU 9496 ENL in/o@abwnginmm.com Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 30, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager - Capital Projects Prepared by: Robert J. Tobar, EI, Utility Design Engineer Subject: North Sebastian Phase II Water and Sewer Project IRLNEP (IRL2020-04) Time Extension Background: The Indian River County Department of Utility Services (IRCDUS) is undertaking a multi -phase Septic to Sewer (S2S) program to convert residential and commercial properties on septic systems to connect with the IRCDUS sewer network. The North Sebastian Phase II Water and Sewer Project is a current project in this S2S program, consisting of approximately 200 parcels. It involves installing centralized water and sewer to certain properties off Roseland Road between 128th Court and 135th Lane, portions of Ercildoune Heights, and properties along Ruffner Lane. In 2020, the Board of County Commissioners (BCC) approved Indian River Lagoon National Estuary Program (IRLNEP) grant (IRL2020-04) of $204,017.69 for the North Sebastian Phase II Water and Sewer Project. IRCDUS has two other executed grants for this project: St. Johns River Water Management District (SJRWMD) grant up to $1,346,517.00 for 33% of eligible costs, and Florida Department of Environmental Protection (FDEP) Water Protection grant worth up to $3,250,000.00. On April 20, 2021, the BCC awarded North Sebastian Phase II Water and Sewer Project to Centerline, Inc. (Centerline). The public -side infrastructure portion of the project is complete. On January 31, 2023, the BCC awarded North Sebastian Phase II Water and Sewer Project customer connections to Meeks Plumbing, Inc. (Meeks). The project is currently in the private -side connection portion of the project. Discussion: IRCDUS is seeking additional time to allow submittal of IRLNEP grant reimbursement after completion of private -side connections. This time extension benefits IRCDUS as it will allow additional time for private - side connections before submittal of grant reimbursement. On August 29, 2023, IRLNEP provided IRL2020- 04 Change Order 4, which extends the grant completion date from September 30, 2023, to December 31, 2023. This time -extension adds no cost to the project. 291 Consent Item Funding: No funding is required for this item. Recommendation: Staff recommends the Board of County Commissioners authorize the Director of Utility Services or authorized representative to sign the IRL2020-04 change order and all necessary documents in order to effectuate the grant time extension. Attachments: IRL2020-04 Change Order 4 292 ,%%#Aw. WO . `eft A0iG% Indian River Lagoon National Estuary Program C"[" - DX93_l 1 __ DATE: August 29, 2023 TO: Robert Tobar, E.I. Indian River County Utilities Department 1801 27`h Street, Building A Vero Beach, FL 32960 FROM: Daniel Kolodny, Chief Operating Officer RE: CONTRACT/PURCHASE ORDER NUMBER: IRL 2020-04 Change Order Number 4 CHANGE ORDER ENCUMBRANCE NUMBER (IF APPLICABLE): CONTRACT/PROJECT NAME: North Sebastian Phase 2 Septic to Sewer Project CHANGE ORDER IMPACTS: Extends Task 5 and Task 6 due dates and contract term end dates to December 31, 2023 JUSTIFICATION FOR EXTENSION (if applicable): Additional time is requested to allow potential residents on septic to connect to the sewer main. No further extensions will be granted to this contract. SCHEDULE/WORK ORDER AMOUNT IMPACTS: This change order extends the contract end date to December 31, 2023 and Tasks 5 and 6 to the new contract end date. Impact to completion date: 92 days. Impact to Task 5 and 6: 92 days. This will be the final extension of this contract. Approved: Duane E. De Freese, Ph.D., Executive Director or Designee Date: Original Amount Total Additions / Deductions to -date Amount of this Change Revised Amount Acknowledged: Date: Indian River County $ 204,017.69 $ 0.00 $ 0.00 $ 204,017.69 September 1, 2023 Leslie R. Swan VotelndianRiver.gov �r 4375 43rd Avenue Vero Beach, FL 32967 772-226-4700 The Honorable Joe Earman Chairman, Board of County Commissioners Indian River County 1801 27h Street, Building A Vero Beach FL 32960 Dear Chairman Earman: The Supervisor of Elections office collects fees for candidate and initiative petition verification and preparation of data lists. I am respectfully requesting to have the revenue received from petition verification fees and data list preparation be rolled back into the Supervisor of Elections FY 2022-2023 budget. To date, the Supervisor of Elections office has verified 13,554 petitions and fulfilled 35 data lists during FY2022 — 2023. 1 have enclosed the receipts for providing these services to date, totaling $3,579.20. The revenue received from petition verification and data lists will help offset the increased costs for certified letter mailings. Senate Bill 7050, signed into law on May 24, requires local Supervisors of Elections to coordinate with clerks of court to identify voters convicted of a felony during the preceding week. Election Supervisors are now responsible for sending notification of potential ineligibility, by certified mail, to the list of convicted felons from the preceding week. Should you have any questions regarding the appropriation of these funds please do not hesitate to contact me. Most sincerely, Leslie R. Swan Supervisor of Elections Enclosures 294 2022-2023 Budget Year Initiative Petitions 295 Number of Received Petitions Date Petition Sponsor (Billed to) Petition # Verified Cost 10/10/2022 Smart and Safe Florida 22-05 57 $14.25 10/10/2022 Smart and Safe Florida 22-05 11 $2.75 10/17/2022 Smart and Safe Florida 22-05 15 $3.75 10/21/2022 Smart and Safe Florida 22-05 32 $8.00 10/31/2022 Smart and Safe Florida 22-05 30 $7.50 11/14/2022 Smart and Safe Florida 22-05 34 $8.50 11/16/2022 Smart and Safe Florida 22-05 33 $8.25 11/28/2022 Smart and Safe Florida 22-05 76 $19.00 12/5/2022 Smart and Safe Florida 22-05 67 $16.75 12/15/2022 Smart and Safe Florida 22-05 109 $27.00 12/19/2022 Smart and Safe Florida 22-05 36 $9.00 12/27/2022 Smart and Safe Florida 22-05 46 $11.50 1/5/2023 Smart and Safe Florida 22-05 101 $25.25 1/9/2023 Smart and Safe Florida 22-05 38 $9.50 1/13/2023 Smart and Safe Florida 22-05 47 $11.75 1/23/2023 Smart and Safe Florida 22-05 257 $64.25 2/6/2023 Smart and Safe Florida 22-05 305 $76.25 2/7/2023 Smart and Safe Florida 22-05 200 $50.00 2/13/2023 Smart and Safe Florida 22-05 468 $117.00 2/27/2023 Smart and Safe Florida 22-05 393 $98.25 3/6/2023 Smart and Safe Florida 22-05 219 $54.75 3/16/2023 Smart and Safe Florida 22-05 205 $51.25 3/20/2023 Smart and Safe Florida 22-05 146 $36.50 4/3/2023 Smart and Safe Florida 22-05 56 $14.00 4/10/2023 Smart and Safe Florida 22-05 177 $44.25 4/18/2023 Smart and Safe Florida 22-05 53 $13.25 4/20/2023 Smart and Safe Florida 22-05 260 $65.00 4/27/2023 Smart and Safe Florida 22-05 132 $33.00 5/3/2023 Smart and Safe Florida 22-05 223 $55.75 5/15/2023 Smart and Safe Florida 22-05 89 $22.25 5/17/2023 Smart and Safe Florida 22-05 638 $159.50 5/31/2023 Smart and Safe Florida 22-05 1091 $272.75 Credit for 6/6/2023 Smart and Safe Florida 22-05 -99 ($24.75) overpayment 6/7/2023 PCI Consultants 23-07 127 $31.75 6/15/2023 PCI Consultants 23-07 124 $31.00 6/21/2023 PCI Consultants 23-07 54 $13.50 6/28/2023 PCI Consultants 23-07 228 $57.00 7/5/2023 PCI Consultants 23-07 667 $166.75 7/10/2023 PCI Consultants 23-07 64 $16.00 7/14/2023 PCI Consultants 23-07 367 $91.75 295 7/17/2023 Smart and Safe Florida 7/17/2023 Floridians Protecting Freedor 7/20/2023 PCI Consultants 7/26/2023 PCI Consultants 8/2/2023 PCI Consultants 8/9/2023 PCI Consultants 22-05 254 $63.50 23-07 38 $9.50 23-07 608 $152.00 23-07 262 $65.50 23-07 296 $74.00 23-07 513 $128.25 TOTAL 9,147 $2,286.50 296 Cost $0.00 Number $0.00 Undue Burden $0.00 of Received Petition Sponsor $0.00 Petitions Date (Billed to) Petition # Verified 3/13/2023 Right to Clean Water 22-02 635 4/17/2023 Right to Clean Water 22-02 397 5/24/2023 Right to Clean Water 22-02 783 6/8/2023 Right to Clean Water 22-02 70 7/6/2023 Right to Clean Water 22-02 179 7/19/2023 Right to Clean Water 22-02 117 8/25/2023 Protect Human Life 22-03 71 2252 Cost $0.00 Undue Burden $0.00 Undue Burden $0.00 Undue Burden $0.00 Undue Burden $0.00 Undue Burden $0.00 Undue Burden $0.00 Undue Burden 297 2022-2023 Budget Year Candidate Petitions Number of Petitions Received Date Name of Candidate Received Cost 1/11/2023 Leslie Swan 51 $5.10 1/13/2023 Leslie Swan 152 $ 15.20 1/18/2023 Leslie Swan 158 $ 15.80 1/23/2023 Leslie Swan 115 $ 11.50 1/27/2023 Leslie Swan 103 $ 10.30 2/1/2023 Leslie Swan 100 $ 10.00 2/3/2023 Leslie Swan 74 $ 7.40 2/9/2023 No Label Party 444 $ 44.40 2/14/2023 Leslie Swan 184 $ 18.40 2/17/2023 Leslie Swan 52 $ 5.20 2/20/2023 Leslie Swan 42 $ 4.20 2/23/2023 Leslie Swan 86 $ 8.60 3/1/2023 Leslie Swan 48 $ 4.80 3/7/2023 Keith Touchberry 77 $ 7.70 3/8/2023 Leslie Swan 80 $ 8.00 3/23/2023 Leslie Swan 58 $ 5.80 5/8/2023 No Labels Party 17 $ 1.70 5/15/2023 Keith Touchberry 116 $ 11.60 7/5/2023 Keith Touchberry 65 $ 6.50 7/5/2023 Keith Touchberry 25 $ 2.50 7/7/2023 Keith Touchberry 105 $ 10.50 8/31/2023 Keith Touchberry 125 $ 12.50 TOTAL: 2,152 $227.70 298 Number of Received Petitions Date Name of Candidate Received Cost 7/25/2023 Kyle Gibson 8/9/2023 Kyle Gibson 1 $ - Undue Buden 2 $ - Undue Buden 299 2022-2023 Budget Year Data Lists, Public Records Requests and Misc. Request Date Name of Requestor 10/6/2022 Dale Simchick 10/11/2022 Rosemarie Wilson 10/12/2022 Ken Daige Campaign 10/17/2022 Jay Kramer 10/21/2023 William Evans 10/27/2022 Jay Kramer 11/7/2022 Jay Kramer 11/16/2022 Lori Baker 1/11/2023 Rosemarie Wilson 2/22/2023 Rosemarie Wilson 2/28/2023 Rosemarie Wilson 3/27/2023 Amanda Darress 4/6/2023 Peter Esterquest 4/6/2023 Linda Caggiano 4/12/2023 Mary Lou Woods 4/13/2023 Karen Osborne 4/8/2023 Karen Osborne 5/10/2023 Melissa Pennington 5/12/2023 Carol Smykowski 5/12/2023 Amanda Darress 5/22/2023 Jonathan Buckley 6/8/2023 Dee Lavandera 6/15/2023 Karen Osbourne 6/14/2023 Maxwell Clarke 7/5/2023 Nathan Cote 7/5/2023 William Evans 7/6/2023 O'Melveny & Myers LLP 7/7/2023 John Ryan 8/3/2023 Robert K Roth 8/11/2023 Lamarre Notargiacomo 8/11/2023 Lamarre Notargiacomo 8/21/2023 Sherrie Matthews 8/21/2023 Dale Simchick 8/23/2023 Lance Lunceford 8/25/2023 M.Osbourne Type of Request Cost Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 VBM Data List $ 30.00 VBM Data List $ 15.00 Voter Information List $ 15.00 VBM Data List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 VBM Data List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 30.00 Voter Information List $ 15.00 VR Data Reports $ 75.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Public Records Request $ 480.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Precinct Map $ 5.00 Voter Information List $ 15.00 Voter Information List $ 15.00 Voter Information $ 15.00 Precinct Map $ 10.00 TOTAL $ 1,065.00 300 William K. DeBraal, County Attorney Susan J. Prado, DeputyCounty Attorney Office Of Public Hearing 091 1212023 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. FROM: William K. DeBraal, County Attorney DATE: September 5, 2023 SUBJECT: Local Provider Participation Fund Approval ATTORNEY BACKGROUND. Hospitals that provide Medicaid services or other forms of indigent care often fail to receive full compensation for those services, which leaves hospitals with unreimbursed costs. In 2021, County staff was approached by the Sebastian River Medical Center and Cleveland Clinic Indian River Hospital about establishing a local provider participation fund (LPPF) to assist in covering such unreimbursed costs. Under the LPPF ordinance approved in September 2021, Indian River County imposes an assessment on real property on which hospitals are located in the County. The funding raised by the assessment then goes through intergovernmental transfers that are consistent with federal guidelines, to support additional funding for Medicaid payments to the hospitals to address the Medicaid shortfall. Since the LPPF ordinance was adopted, the Indian River County Board of County Commissioners ("Board") annually adopts an assessment resolution and assessment roll. The LPPF ordinance requires each participating county to send a Letter of Agreement ("LOA") to the Florida Agency for Health Care Administration ("AHCA") by October 1st. County staff has no objection to the approval of the corresponding assessment resolution and LOA which are attached to this memorandum. FUNDING. There is no expenditure of County funds associated with this matter. The County collects these assessments and sends the funds to AHCA, which draws down additional Medicaid dollars from the Federal government. The local hospitals would then have the ability to bill for services provided to patients up to double the amount assessed. RECOMMENDATION. County staff recommends that the Board open the public hearing, take public comment and then vote whether to approve the Local Provider Participation Fund Resolution and Letter of Agreement. ATTACHMENTS. LPPF Resolution Letter of Agreement 301 RESOLUTION NO. 2023 - 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. WHEREAS, hospitals in Indian River County's jurisdiction (the "Hospitals") annually provide millions of dollars of uncompensated care to uninsured persons and those who qualify for Medicaid because Medicaid, on average, covers only 60% of the costs of the health care services actually provided by Hospitals to Medicaid -eligible persons, leaving hospitals with significant uncompensated costs; and WHEREAS, the State of Florida (the "State") received federal authority to establish the Statewide Medicaid Managed Care Hospital directed payment program (the "DPP") to offset hospitals' uncompensated Medicaid costs and improve quality of care provided to Florida's Medicaid population; and WHEREAS, three of the Hospitals have asked Indian River County (the "County") to participate in the non -ad valorem special assessment upon certain real property interests held by the Hospitals to help finance the non-federal share of the State's Medicaid program,; and WHEREAS, the only real properties interests that will be subject to the non -ad valorem assessments authorized herein are those belonging to the Hospitals; and WHEREAS, the funding raised by the County assessment will, through intergovernmental transfers ("IGTs") provided consistent with federal guidelines, support additional funding for Medicaid payments to some, but not necessarily all, Hospitals; and WHEREAS, the County acknowledges that the Hospital properties assessed will benefit directly and specially from the assessment as a result of the availability of above-described additional funding provided to said Hospitals; and WHEREAS, the County has an interest in promoting access to health care for its low- income and uninsured residents; and 302 RESOLUTION NO. 2023 - WHEREAS, leveraging additional federal support through the above-described IGTs to fund Medicaid payments to the Hospitals for health care services directly and specifically benefits the Hospitals' property interests and supports their continued ability to provide those services; and WHEREAS, imposing an assessment limited to Hospital properties to help fund the provision of these services and the achievement of certain quality standards by the Hospitals to residents of the County is a valid public purpose that benefits the health, safety, and welfare of the citizens of the County; and WHEREAS, the assessment ensures the financial stability and viability of the Hospitals providing such services; and WHEREAS, the Hospitals are important contributors to the County's economy, and the financial benefit to these Hospitals directly and specifically supports their mission, as well as their ability to grow, expand, and maintain their facilities in concert with the population growth in the jurisdiction of the County; and WHEREAS, the Board finds the assessment will enhance the Hospitals' ability to grow, expand, maintain, improve, and increase the value of their Indian River County properties and facilities under all present circumstances and those of the foreseeable future; and WHEREAS, the County is proposing a properly apportioned assessment by which all Hospitals will be assessed at a uniform rate that is compliant with 42 C.F.R. § 433.68(d); and WHEREAS, on September 14, 2021, the Board of County Commissioners adopted an ordinance, enabling the County to levy a uniform non -ad valorem special assessment, which is fairly and reasonably apportioned among the Hospitals' property interests within the County's jurisdictional limits, to establish and maintain a system of funding for IGTs to support the non- federal share of Medicaid payments, thus directly and specially benefitting Hospital properties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Definitions. As used in this Resolution, the following capitalized terms, not otherwise defined herein or in the Ordinance, shall have the meanings below, unless the context otherwise requires. Assessed Property means the real property in the County to which an Institutional Health Care Provider holds a right of possession and right of use through an ownership or leasehold interest, thus making the property subject to the Assessment. Assessment means a non -ad valorem special assessment imposed by the County on Assessed Property to fund the non-federal share of Medicaid and Medicaid managed care payments that will benefit hospitals providing Local Services in the County. 303 RESOLUTION NO. 2023 - Assessment Coordinator means the person appointed to administer the Assessment imposed pursuant to this Article, or such person's designee. Board means the Board of County Commissioners of Indian River County, Florida. County means Indian River County, Florida. Fiscal Year means the period commencing on October 1 of each year and continuing through the next succeeding September 30, or such other period as may be prescribed by law as the fiscal year for the County. Institutional Health Care Provider means a private for-profit or not-for-profit hospital that provides inpatient hospital services. Local Services means the provision of health care services to Medicaid, indigent, and uninsured members of the Indian River County community. Non -Ad Valorem Assessment Roll means the special assessment roll prepared by the County. Ordinance means the Indian River County Local Provider Participation Fund Ordinance. Section 2. Authority. Pursuant to Article VIII, Section 1(f) of the Constitution of the State of Florida, Chapter 125 of the Florida Statutes, and the Indian River County Local Provider Participation Fund Ordinance, the Board is hereby authorized to impose a special assessment against private for-profit and not-for-profit hospitals located within the County to fund the non- federal share of Medicaid payments associated with Local Services. Section 3. Special Assessment. The non -ad valorem special assessment discussed herein shall be imposed, levied, collected, and enforced against Assessed Properties located within the County. Proceeds from the Assessment shall be used to benefit Assessed Properties through availability of directed payment program that will benefit the Assessed Properties for Local Services. Section 4. Assessment Scope, Basis, and Use. Funds generated from the Assessment shall be used only to: 1. Provide to the Florida Agency for Health Care Administration the non-federal share for Medicaid managed care hospital directed payments to be made directly or indirectly in support of hospitals serving Medicaid beneficiaries; and 2. Reimburse the County for administrative costs associated with the implementation of the Assessment authorized by the Ordinance. If, at the end of the Fiscal Year, additional amounts remain in the local provider participation fund, the Board is hereby authorized either (a) to refund to Assessed Properties, in proportion to amounts paid in during the Fiscal Year, all or a portion of the unutilized local provider participation fund, 304 RESOLUTION NO. 2023 - or (b) if requested to do so by the Assessed Properties, to retain such amounts in the fund to transfer to the Agency in the next fiscal year for use as the non-federal share of Medicaid hospital payments. If, after the Assessment funds are transferred to the Agency, the Agency returns some or all of the transferred funding to the County (including, but not limited to, a return of the non-federal share after a disallowance of matching federal funds), the Board is hereby authorized to refund to Assessed Properties, in proportion to amounts paid in during the Fiscal Year, the amount of such returned funds. Section 5. Computation of Assessment. The Assessment shall equal 2.1 % of net patient revenue for each Assessed Property specified in the attached Non -Ad Valorem Assessment Roll. The amount of the Assessment required of each Assessed Property may not exceed an amount that, when added to the amount of other hospital assessments levied by the state or local government, exceeds the maximum percent of the aggregate net patient revenue of all Assessed Hospitals in the County permitted by 42 C.F.R. § 433.68(f)(3)(i)(A). Assessments for each Assessed Property will be derived from data contained in cost reports and/or in the Florida Hospital Uniform Reporting System, as available from the Florida Agency for Health Care Administration. Section 6. Timing and Method of Collection. The amount of the assessment is to be collected pursuant to the Alternative Method outlined in § 197.3631, Fla. Stat. The County shall provide Assessment bills by first class mail to the owner of each affected Hospital. The bill or accompanying explanatory material shall include: (1) a reference to this Resolution, (2) the total amount of the hospital's Assessment for the appropriate period, (3) the location at which payment will be accepted, and (4) the date on which the Assessment is due. No act of error or omission on the part of the Assessment Coordinator, Board, or their deputies or employees shall operate to release or discharge any obligation for payment of the Assessment imposed by the Board under the Ordinance and this resolution. Section 7. Public Hearing. Per the notice provided by first class mail sent on August 16, 2023 and notice published in the Indian River Press Journal on August 23, 2023, the Board has heard and considered objections of all interested persons prior to rendering a decision on the Assessment and attached Non -Ad Valorem Assessment Roll. Section 8. Responsibility for Enforcement. The County and its agent, if any, shall maintain the duty to enforce the prompt collection of the Assessment by the means provided herein. The duties related to collection of assessments may be enforced at the suit of any holder of obligations in a court of competent jurisdiction by mandamus or other appropriate proceedings or actions. Section 9. Severability. If any clause, section, or provision of this resolution is declared unconstitutional or invalid for any reason or cause, the remaining portion hereof shall be in full force and effect and shall be valid as if such invalid portion thereof had not been incorporated herein. 305 RESOLUTION NO. 2023 - Section 10. Effective Date. This Resolution to be effective immediately upon adoption. This Resolution duly adopted this 12th day of September, 2023. The foregoing resolution was moved for adoption by Commissioner seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Earman Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 12th day of September, 2023. ATTEST: Ryan L. Butler, Clerk Of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman Attachment — Assessment Roll 306 Directed Payment Program Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the day of 2023, by and between (the "Indian River County LPPF") on behalf of Region 9, and the State of Florida, Agency for Health Care Administration (the "Agency"), for good and valuable consideration, the receipt and sufficiency of which is acknowledged. DEFINITIONS "Intergovernmental Transfers (IGTs)" means transfers of funds from a non -Medicaid governmental entity (e.g., counties, hospital taxing districts, providers operated by state or local government) to the Medicaid agency. IGTs must be compliant with 42 CFR Part 433 Subpart B. "Medicaid" means the medical assistance program authorized by Title XIX of the Social Security Act, 42 US.C. §§ 1396 et seq., and regulations thereunder, as administered in Florida by the Agency. "Directed Payment Program (DPP)," pursuant to the General Appropriation Act, Laws of Florida 2021-156, is the program that provides direct supplemental payments to eligible public and private entities that provide inpatient and outpatient services to Medicaid managed care recipients. A. GENERAL PROVISIONS 24 Per Senate Bill 2500, the General Appropriations Act of State Fiscal Year 2023-2024, passed by the 2023 Florida Legislature, the Indian River County LPPF and the Agency agree that the Indian River County LPPF will remit IGT funds to the Agency in an amount not to exceed the total of $3,005,374.88. The Indian River County LPPF and the Agency have agreed that these IGT funds will only be used for the DPP program. 2. The Indian River County LPPF will return the signed LOA to the Agency. 3. The Indian River County LPPF will pay IGT funds to the Agency in an amount not to exceed the total of $3,005,374.88. The Indian River County LPPF will transfer payments to the Agency in the following manner: a. Per Florida Statute 409.908, annual payments for the months of July 2023 through June 2024 are due to the Agency no later than October 31, 2023, unless an alternative plan is specifically approved by the agency. b. The Agency will bill the Indian River County LPPF when payment is due. 4. The Indian River County LPPF and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS Indian River County LPPF agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in Indian River County LPPF_Region 9 _DPP LOA SFY 2023- 307 24 accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. Indian River County LPPF agrees to assure that these records shall be subject at all reasonable times to inspection, review, or audit by state personnel and other personnel duly authorized by the Agency, as well as by federal personnel. iii. Indian River County LPPF agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS The Indian River County LPPF agrees to retain all financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to performance under this LOA for a period of six (6) years after termination of this LOA, or if an audit has been initiated and audit findings have not been resolved at the end of six (6) years, the records shall be retained until resolution of the audit findings. ii. Persons duly authorized by the Agency and federal auditors shall have full access to and the right to examine any of said records and documents. iii. The rights of access in this section must not be limited to the required retention period but shall last as long as the records are retained. c. MONITORING i. Indian River County LPPF agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the Indian River County LPPF which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS The Indian River County LPPF agrees to neither assign the responsibility of this LOA to another party nor subcontract for any of the work contemplated under this LOA without prior written approval of the Agency. No such approval by the Agency of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation of the Agency in addition to the total dollar amount agreed upon in this LOA. All such assignments or subcontracts shall be subject to the conditions of this LOA and to any conditions of approval that the Agency shall deem necessary. 5. This LOA may only be amended upon written agreement signed by both parties. The Indian River County LPPF and the Agency agree that any modifications to this LOA shall be in the same form, namely the exchange of signed copies of a revised LOA. 6. Indian River County LPPF confirms that there are no pre -arranged agreements (contractual or otherwise) between the respective counties, taxing districts, and/or the providers to re -direct any portion of these aforementioned supplemental payments in order to satisfy non -Medicaid, non -uninsured, and non -underinsured activities. Indian River County LPPF_Region 9 _DPP LOA SFY 2023- 308 7. Indian River County LPPF agrees the following provision shall be included in any agreements between Indian River County LPPF and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT funding shall first be used to fund the Medicaid program and used secondarily for other purposes. 8. This LOA covers the period of July 1, 2023, through June 30, 2024, and shall be terminated September 30, 2024, which includes the states certified forward period. 9. This LOA may be executed in multiple counterparts, each of which shall constitute an original, and each of which shall be fully binding on any party signing at least one counterpart. DPP Local Intergovernmental Transfers Program / Amount State Fiscal Year 2023-2024 Estimated IGTs $3,005,374.88 Total Funding Not to Exceed $3,005,374.88 IN WITNESS WHEREOF, the parties have caused this page Letter of Agreement to be executed by their undersigned officials as duly authorized. Indian River County LPPF SIGNED BY: NAME: TITLE: DATE: 24 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION SIGNED BY: NAME: Thomas Wallace TITLE: Deputy Secretary, Division of Medicaid DATE: Indian River County LPPF_Region 9 _DPP LOA SFY 2023- 309 1 NOTICE OF HEARING REGARDING €NIP051€4G AND COLLECTING A NON -AD VALOREM SPECIAL ASSESSMENT FROM SPECIFIED HOSPITAL PROPERTIES Notice is hereby given that the Board of County Commis- sioners of Indian River Count', Florida, will conduct a public hearing to consider the ap. proval of the imposition and cgflection of a non -ad valorem special assessment against each private for-profit and not-for-profit hospital that provides inpatient hospi- tat services and that holds a right of possession and right of use to real property in Indian River Count tach, an "Assessed Property ). The list of affected hospitals is includ- ed at the conclusion of this notice. The assessment is intended to finance intergovernmental transfers, provided consistent with federal guidelines, that fund the non-federal sfiare of - certain Medicaid and/or Med- icaid managed care payments. As a result the assessment di- rectly and specially benefits Assessed Properties and sup- ports the provision of health care services to ti4edicaid, indi- gent, and uninsured members of the County"5 community. The public hearing will be held at the Board of County Commissioner- Chambers at the Indian River County Ad- ministration Building A. locat- ed at 1801 27th $t. Vero Beach, FL 32960 on Sep- tember 17., 2023, at 9:00 a.m., or as soon thereafter as the matter can be heard. At that time, the Board will receive public comment on the pro- posed special assessment, The Indian River County At. torne 's Office has prepared the on -Ad Valorem Assess- ment Roil being considered for approval. The roil contains the names of the Assessed Properties, the assessment rate, and the amount of the special assessment to be im• posed against each Assessed Property. Tile Non -Ad Valorem Assessment Roll Is available for inspection at thct Indian River County Budget Office during regular business hours from August 31. 2023 through September 11, 2023. The assessment rate set forth in the Non -Ad Valorem As- sessment Roll to be levied against the net patient reve- nue of each Assessed Property is 0.37%, At the date and time set forth in this notice, the Board of County Commissioners may: (1) approve the NOn-Ad Valorem Assessment Poll, with such amendments as it deems just and right, and (2) adopt a resolution (the "Assessment Resolution-) that describes; (a) the Medicaid payments proposed for funding from Proceeds of the assessment, (b) the benefits to the As. sessed Properties, (c) the methodology for computing the assessed amounts, and (d) the method of collection, in- cluding how and when the as- sessment is to be paid. All interested persons have a right to appear at the hearing and to file written objections with the Board prior to the resolution vote. All objections to the Non -Ad Valorem As. —� wccmnnt iinll hFinn rna,cir{- ��� eied far approval must �be made in writing, and tiled with, the Coursty by Septem- ber 11, 2023. Written objec- tions should be sent to the at- tension of the Indian River County Board of Cc un Com- missioners Office at tBS 27mh St, Vero Beach, FL 32960. The amount of the assessment is to be collected pursuant an additional and alternative method, as specified in 0 197.3631, Fla. $tat. Detalis will be included in the Assessment Resolution. Ifu are a person with disa- bility who needs any accom• modation to participate in this proceeding, you are enti- tled at no cost to you, to the Arovision of certain assistance. Please contact Indian River County at (772) 226.1391 or by email at accessibilitygircgo v,com at least forty-eight (48) hours prior to the public hear- ing earing if you need special accom- modations. Pursuant to 5 286.0105, Fta. Stat„ -"if a persvn_Mmff to - —' appeal any decision of the Board of County Commission• ers on any matter considered at the public hearing, fie or she will need a record of the proceedings. for such pur. pose, a person appealing the decision may need to ensure the creation of a verbatim re- cord, which captures the testi- mony and evidence upon which the appeal is based, Indian River County, Florida List of Affected Properties; The special assessment is to be levied against each private far -profit and not-for-profit hospital operating under a Florida hospital license affili- ated with the following pro- viders of inpatient hospital services that holds a right of possesrian and right of use to real property in Indian River County,,Horida: Indian River Medical Center 1000 36th St Vero Beach, FL 32960 Parcel 10: 32393600000300000000 Encompass Health Rehabilita- tion Hospital of Treasure Coast 1600 37th St Vero Beach, FL 32%0 Parcel ICI: 32392600000700000000 Sebastlan River Medical Center 13695 U$ HIGHWAY 1 Sebastian, FL 32958 Parcel ID; 30382500000002000000 Publish Aug 23,2023 TO $803540 .z REQUEST � ft U1 +LGCCUM �4f. AnN organization or individual wishing to address the Board OCAM" COOMMAX40 dM Complete this form and submit it to the Indian River County Administrator's Office.. ryi D�scU>Ii� ?'8�1� Indian River Count, Code 10 : as a gettt"ttaite, public discussion items should he limited to mattersM commission may take action Indian River ( ount, Code 5r 342.11(3): limit remarks to three minutes unless additional time is granted hN the commission 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 VERO LAKE ESTATES PROPERTY OWNERS NAME OF INDIVIDUAL OR ORGANIZATION: Mary Lou Ciambriello 8256 105TH COURT ADDRESS: SUBJECT MATTER FOR DISCUSSION: PHONE: 561-305-7139 FIRE STATION 15 - TRAFFIC CONTROL IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? El YES Yl NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ❑ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? YES El NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For HRC Staff only: Transmittea to Administrator Via: Interactive Web Form E -Mail Hand Delivered 9 Phone MEETING DATE: 9/12/23 311 l°.6.2 9.(2.2 mail Mary Lou Ciambriello <lifeinirc@gmail.com> Roads in Vero Lake Estates 1 message Mary Lou Ciambriello <lifeinirc@gmail.com> Fri, Sep 8, 2023 at 2:42 PM To: Mary Lou Ciambriello <LifelnlRC@gmail.com> We need a firm plan in place before we widen and add sidewalks on 101st Ave.... Plans should be made to pave 104th Ave along with adding stop signs before any work is done on 101st Ave The following roads need stop signs installed or road calming 87th Street, 83rd Street and especially 79th Street 91st Avenue, 101st Ave and 104th Ave There are roads in VLE with street signs and stop signs that are not considered roads .... that needs to be addressed ... as a result these roads are not maintained by Roads and Bridges ... many of these roads are traveled on a regular basis The Budget Roads and Bridges needs to be increased ..... I am fully aware that the budget is for the entire county but an increased budget is needed so please give that serious consideration... LITTER - is there a schedule to pick up litter for the county... 3((-I ea let - aid Ex - ..,ns, n NEWSPAPERS I REAL ESTATE SOURCE• IR Sunday, July 24, 2016 V"g-MVELL HANKER ake another look at Vero Lake Estates BY MARY LOU CIAMBRIELLO REALTOR Property values are on the rise in Vero Lake Es- tates (VLE) with very few homes for sale (18 as of the writing of this article). VLE is the largest subdivision in Indian River County. It was developed in very early 1950s; because it was located "so far west" the subdivi- sion did not develop as pre- dicted, It was a huge flop. A few homes were built on the 6,000 home sites. Since the building boom that busted and now booms again, 2,600 homes have been built in VLE; lots are one-quarter to five acres. VLE is a now prime location and the homes are flying off this shelf. It turns out VLE is perfectly located close to all schools, the library and a new Publix shopping center.. One could say all roads lead to VLE since I95, SR 510 and SR 512 are just outside the community. A short drive to a new Publix shopping plaza brings you past a cow pas- ture where twice a year wild jand. Ifyou are look the beach, just take 510 east and enjoy the most breathtaking ride over the river. The library is on 512, so is the amazing county pool. ,State Road 512 drops you off " Park where you Mary Lou Clambrlello will find something going on most weekends. Put yourself in the car and drive about 10 miles to the Vero Beach Dis- count Mall or to the Indian River Mall. The community has avol- untary HOA. It is $20 to join for the year. The voluntary homeowner's association has quarterly meetings and if you paid $20 or not, you are invited to attend. Guest speakers include our Sheriff Loar, county commissioners and any individual that has information of interest for the community. All home- owners are welcomed and all homeowners are heard. Once a year the community hosts a community event and again all are welcomed. What makes VLE special? Everyone has their own an- swer; I love it because'my home is nestled in trees. I do not mind the very short drive on a dirt road or the lack of neighbors or cars on my road. It has a coun- try feel and yet I live close to everything. Others love it because they have room for their toys — boats, dirt bikes, motor homes and the like. The stars are amazing. Children have room to play or roam on their bikes and skateboards. There are lots of families and lots of neighbors looking out for one another. One homeown- er cleared a lot and made a baseball diamond for his children to use as well as neighbors. Joggers line the roads with water bottles in hand, as well as bike riders, dog walkers and neighbors out for a stroll. It is com- mon to see cars stop to as- sist tortoises cross the road. Neighbors wave and you are often at a four-way stop with another polite driver waving you to go first. The community has county transportation. It is not Manhattan transporta- tion, but the buses are free and do run in a timely man- ner. If you are looking for something special and VLE sounds interesting, it is only natural that you investigate. Some say location, location, location. I say future loca- tion, future location, future location. 1hisisMarylouGam6ri aProudmember ofNdw»I &*erParadsewrgpff futwbotionWmightbein VLE, a finalk&Med 21 H�w L .. .p E 1� Email 4 Per page 9495 80th ST, Vero Beach 32967 52 Status Price: $309,000 Bed: 2 ML#: 268337 Area: 52 Status Price: $162,000 Status: Sold Bed: 2 Type: Detached Home Pool: No FB/HB: 2/0 Ownership:. Single Family/Other Waterfront: No Fireplace: O Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 1994 Gov Body: None It division: Vero Lake Estates a Pel& Yes 9915 86th ST, Vero Beach 32967 52 Status Price: $309,000 Bed: 2 ML#: 267326 Area: 52 Status Price: $279,900 Status: Sold Bed: 3 Type: Detached Home Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: 0 Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 1985 Gov Body: None Subdivision: Vero Lake Estates Year Built: 1999 Pets: Yes 9345 87th ST, Vero Beach 32967 ML#: 268117 Status: Sold Pool: No Waterfront: No Acres: 1 to 3 Acres Subdivision: Vero Lake Estates Area: 52 Status Price: $309,000 Bed: 2 Type: 8425 100th AVE, Vero Beach 32967 2/0 Ownership: Single Family/Other ML#: 269677 Area: 52 Status Price: $290,000 Status: Sold Bed: 3 Type: Detached Home Pool: No FB/HB: 2/0 Ownership: Single Family/Other o Waterfront: 3r f No Fireplace: 0 Design: 1 Story Acres: 1/4 to 1/2 Acre Year Built: 1999 Gov Body: None Subdivision: Vero Lake Estates Pets: Yes 9345 87th ST, Vero Beach 32967 ML#: 268117 Status: Sold Pool: No Waterfront: No Acres: 1 to 3 Acres Subdivision: Vero Lake Estates Area: 52 Status Price: $309,000 Bed: 2 Type: Detached Home FB/HB: 2/0 Ownership: Single Family/Other Fireplace: 0 Design: 1 Story Year Built: 1982 Gov Body: None Pets: Yes 8156 105th CT, Vero Beach 32967 ML#: 269220 Status: Sold Pool: No Waterfront: No Acres: Less Than 1/4 Acre Subdivision: Vero Lake Estates Area: 52 Status Price: $300,000 Bed: 3 Type: Detached Home FB/HB: 2/0 Ownership: Single Family/Other Fireplace: O Design: 1 Story Year Built: 2021 Gov Body: None 2/0 Ownership: Pets: Yes 8245 102nd AVE, Vero Beach 32967 ML#: 267841 Area: 52 Status Price: $309,500 Status: Sold Bed: 3 Type: Detached Home Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: O Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2006 Gov Body: None Subdivision: Vero Lake Estates Less Than 1/4 Acre Year Built: Pets: Yes 3114 8250 101 CT, Vero Beach 32967 ML#: 260385 Area: 52 Status Price: $323,000 Status: Sold Bed: 3 Type: Detached Home Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: 0 Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2022 Gov Body: None Subdivision: Vero Lake Estates Pets: Yes 8615 102nd CT, Vero Beach 32967 ML#: 267712 Area: 52 Status Price: $330,000 Status: Sold Bed: 3 Type: Detached Home --_ Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: O Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2023 Gov Body: None Subdivision: Vero Lake Estates Pets: Yes 9012 100th CT, Vero Beach 32967 ML#: 260387 Area: 52 Status Price: $332,900 Status: Sold Bed: 3 Type: Detached Home Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: 0 Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2022 Gov Body: None Subdivision: Vero Lake Estates Pets: Yes 3114 8226 97th CT, Vero Beach 32967 ML#: 268130 Status: Sold Pool: No Waterfront: No Acres: Less Than 1/4 Acre Subdivision: Vero Lake Estates Area: 52 Status Price: $351,000 Bed: 3 Type: Detached Home FB/HB: 2/0 Ownership: Single Family/Other Fireplace: 0 Design: 1 Story Year Built: 2023 Gov Body: None Pets: Yes 9336 106th CT, Vero Beach 32967 ML#: 269014 Area: 52 Status Price: $356,000 Status: Sold Bed: 3 Type: Detached Home Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: 0 Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2023 Gov Body: None Subdivision: Vero Lake Estates Year Built: 2022 Pets: Yes 3 11 -15 8535 103rd AVE, Vero Beach 32967 ML#: 263974 Area: 52 Status Price: $375,000 Status: Sold Bed: 3 Type: Detached Home Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: 0 Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2022 Gov Body: None Subdivision: Vero Lake Estates Pets: Yes 7815 100th AVE, Vero Beach 32967 ML#: 268497 Area: 52 Status Price: $280,000 Status: Sold Bed: 3 Type: Detached Home a Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: 0 Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2005 Gov Body: None Subdivision: Vero Lake Estates Pets: Yes f 8455 99th AVE, Vero Beach 32967 ML#: 268346 Area: 52 Status Price: $305,000 Status: Sold Bed: 3 Type: Detached Home I Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: 0 Design: 1 Story W Acres: Less Than 1/4 Acre Year Built: 2005 Gov Body: None Subdivision: Vero Lake Estates Pets: Yes 3 11 -15 7 9035 101st CT, Vero Beach 32967 ML#: ML#: 260388 Area: 52 Status Price: $371,900 Status: Sold Bed: 3 Type: Detached Home Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: O Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2022 Gov Body: None Subdivision: Vero Lake Estates 0 Pets: Pets: Yes 9024 100th CT, Vero Beach 32967 ML#: ML#: 268602 Area: 52 Status Price: $379,000 Status: Sold Bed: 3 Type: Detached Home Pool: Yes, Heated Solar, Private, Screened FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: 0 Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2005 Gov Body: None Subdivision: Vero Lake Estates 0 Pets: Pets: Yes 8616 104th AVE, Vero Beach 32967 ML#: 269799 Area: 52 Status Price: $394,950 Status: Sold Bed: 3 Type: Detached Home Pool: No FB/HB: 2/0 Ownership: Single Family/Other Waterfront: No Fireplace: Detached Home Design: 1 Story Acres: Less Than 1/4 Acre Year Built: 2018 Gov Body: None Subdivision: Vero Lake Estates Fireplace: 0 Pets: Yes 7885 100th CT, Vero Beach 32967 999■III"'� i �F' ML#: 268683 Area: 52 Status Price: $390,000 Status: Sold Bed: 4 Type: Detached Home Pool: O No FB/H B: 2/1 Ownership: Single Family/Other Waterfront: No Fireplace: 0 Design: 2 Stories Acres: Less Than 1/4 Acre Year Built: 2021 Gov Body: None Subdivision: Vero Lake Estates Pets: Yes 9475 85th ST, Vero Beach 32967 ML#: 266908 Area: 52 Status Price: $390,000 Status: Sold Bed: 4 Type: Detached Home Pool: i FB/HB: 2/1 Ownership: Single Family/Other ' Waterfront: Fireplace: Design: 1 Story Acres: Less Than 1/4 Acre Year Built: Gov Body: None Subdivision: Vero Lake Estates Pets: Yes Agent Multi -Row Grid 16U/ Vero Beach 8978 101st CT $259,900 Subdivision: Vero Lake Estates MLS #: 270824 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None Sq Ft Range: 1001-1200 Type/Design: Detached Home / 1 Story Status: Active Parking: Driveway Fireplace: O Lot Size: 75x130 Yr Built: 1989 Inside Feat: Split bedrooms Vero Beach 8315 W 98th AVE $339,000 Subdivision: Vero Lake Estates MLS #: 269262 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None Sq Ft Range: 1201-1400 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage, Attached, Door Opener, Driveway Fireplace: 0 Lot Size: 75x121 Yr Built: 2008 Inside Feat: Pull down stairs, Smoke detector, Split bedrooms, Walk- in closet Vero Beach 7816 104th AVE Vero Beach Subdivision: 9225 100th AVE $360,000 Bedrooms: Subdivision: Vero Lake Estates Baths: MLS #: 269145 Bedrooms: 4 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None Yr Built: 2022 SgFt Range: 1401-1600 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage Fireplace: Lot Size: 75x75 Yr Built: 2023 " Inside Feat: No Inside Features Vero Beach 7816 104th AVE $379,000 Subdivision: Vero Lake Estates MLS #: 268647 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None SgFt Range: 1401-1600 Type/Design: Detached Home / 1 Story Status: Active Parking: Attached Fireplace: 0 Lot Size: 130x75 Yr Built: 2022 Inside Feat: Smoke detector, Split bedrooms Vero Beach 8425 102nd AVE $419,000 Subdivision: Vero Lake Estates MLS #: 269948 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None SgFt Range: 1401-1600 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage Fireplace: 0 Lot Size: 0.24 Yr Built: 2005 Inside Feat: Ceilings,vaulted/cathedral, Pantry, Smoke detector Vero Beach 7916 103rd CT $430,000 Subdivision: Vero Lake Estates MLS #: 270979 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None Sq Ft Range: 1401-1600 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage Fireplace: Lot Size: 75x130 Yr Built: 2004 Inside Feat: Smoke detector Vero Beach 8485 105th CT $439,900 Subdivision: Vero Lake Estates MLS #: 270763 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None SgFt Range: 1401-1600 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage Fireplace: 0 Lot Size: 115x130 Yr Built: 2004 Inside Feat: Smoke detector, Split bedrooms, Tub, garden/Roman, Walk- in closet 311 - D b I Vero Beach 8585 99th CT 8176 97th CT $415,000 Subdivision: Vero Lake Estates MLS #: 269411 MLS #: 269416 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None Detached Home / 1 Story Sq Ft Range: 1801-2000 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage 75x130 Yr Built: 2023 Inside Feat: Fireplace: 0 Lot Size: 75x130 Yr Built: 2023 Inside Feat: Walk- in closet Parking: Inside ,at: Vero Beach 8585 99th CT $42o,soo Subdivision: Vero Lake Estates Subdivision: MLS #: 269411 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None Yes SgFt Range: 1801-2000 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage SgFt Range: 1801-2000 Type/Design: Detached Home / i Story Fireplace: Lot Size: 75x130 Yr Built: 2023 Inside Feat: Island kitchen 1801-2000 -- — -- r 1Vero Beach 8365 W 98th AVE $425,000 r, Subdivision: Vero Lake Estates MLS #: 270098 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes 3 Baths: 2/0 Ownership/Governing Body: Single Family/Other / None Pets: Yes SgFt Range: 1801-2000 Type/Design: Detached Home / i Story Status: Active } - Parking: 2 Car garage SgFt Range: 1801-2000 -- — -- Fireplace: 0 Lot Size: 118x75 Yr Built: 2023 Parking: Inside ,at: Island kitchen, Pantry, Split bedrooms Vero Beach 7856 105th AVE Fireplace: $430,000 Lot Size: Subdivision: Vero Lake Estates MLS #: 269612 Inside Feat: Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None 7816 105th CT $430,000 SgFt Range: 1801-2000 Type/Design: Detached Home / i Story Status: Active MLS #: Parking: 2 Car garage Bedrooms: 3 Area: Fireplace: Lot Size: 75x130 Yr Built: 2023 Baths: Inside Feat: Walk- in closet Body: Single Family/Other / None 311-b Vero Beach 7786 105th CT $430,000 Subdivision: Vero Lake Estates MLS #: 269467 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None SgFt Range: 1801-2000 Type/Design: Detached Home / 1 Story Status: Active -- - - - Parking: 2 Car garage Fireplace: 0 Lot Size: 75x130 Yr Built: 2023 Inside Feat: Walk- in closet Vero Beach 7816 105th CT $430,000 Subdivision: Vero Lake Estates MLS #: 269466 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None SgFt Range: 1801-2000 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage Fireplace: Lot Size: 75x130 Yr Built: 2023 Inside Feat: Walk- in closet Vero Beach 7785 105th AVE $430,000 Subdivision: Vero Lake Estates MLS #: 269463 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None SgFt Range: 1801-2000 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage Fireplace: Lot Size: 15x130 Yr Built: 2023 Inside Feat: Walk- in closet Vero Beach 8636 100th CT $430,000 Subdivision: Vero Lake Estates MLS #: 269440 Bedrooms: 3 Area: 52 (Sebastian County) Pets: Yes Baths: 2/0 Ownership/Governing Body: Single Family/Other / None Sq Ft Range: 1801-2000 Type/Design: Detached Home / 1 Story Status: Active Parking: 2 Car garage Fireplace: 0 Lot Size: 75x130 Yr Built: 2023 Inside Feat: Walk- in closet 311-b W� " a ell- 1 2 � 62y, July 31st, 2023 Dear Mr. Bortunk, My name is Mary Lou Ciambriello. I live in Vero Lake Estates in Vero Beach ... I am also a realtor... I would like to speak to you about a parcel of land that you are the registered agent for on the south side of 512 in Indian River County .... I apologize for sending my letter via return receipt mail but most people, when they see mail from a realtor instantly toss it in the trash ... this is much too important. It is a BIG ASK and I wanted to make sure you read it and passed on the information for serious consideration. To be even more bold I am asking if you would SELL the county 3 acres of land ... you see the north county needs a brick and mortar fire station and to realize that fire station we, the residents of the north county, need 3 acres on the south 512 close to 95. It is this location that would best benefit the north county. Not just Vero Lake Estates but Sebastian as well. The county has the funds necessary to purchase the land, build the fire station and equip it ... the stumbling block has been the 3 acres ... Again I recognize this is a BIG ASK ... but I have to ask ... would you please have a serious conversation about selling a small portion of your land on 512 for our fire station 15 ... It is an ambitious request on my part I know. Understand I am not looking for a commission ... I am looking for a fire station to protect the people in the north county and nothing more. Thank you for your time and thoughtful consideration. I truly look forward to hearing back from you. Only my very best, SisYL",iS)1i ®f Department of State / Divislon of Corporations / Search Records / Search by ntl Name:! Detail by Entity Name Florida Profit Corporation RO-ED CORP. ffl g Information Document Number 145165 FEI/EIN Number 59-6070519 Date Filed 12/08/1945 State FL Status ACTIVE Principal Address 1401 79TH ST. CAUSEWAY MIAMI, FL 33141 Changed: 02/16/2010 Mailing Address 1401 79TH ST. CAUSEWAY MIAMI, FL 33141 Changed: 02/16/2010 flegistered Agent Name 8 Address BORTUNK,SETH 1401 N.E. 79 STCAUSEWAY M IAM I, FL 33141 Name Changed: 01/23/2022 Address Changed: 04/21/1987 Officer/Director Detail Name & Address Title Secretary BORTUNK, SETH 1401 79TH ST. CAUSEWAY M IAM I, FL 33141 Title VP Ansin, Andrew L 1401 79TH ST. CAUSEWAY MIAMI, FL 33141 Title VP HODGES, SCOTT 1401 79TH ST. CAUSEWAY MIAMI, FL 33141 Annual Reports Report Year Filed Date 2021 01/11/2021 2022 01/23/2022 2023 04/25/2023 Document Imaagg 04/25/2023 — ANNUAL REPORT Mew Image in PDF format 01/23/2022—ANNUAL REPORT VlewYnepe In POW fame[ 01/11/2021—ANNUAL REPORT VkwlmWinPDFPDF%mW 1'b v DIVISION OF CORDORPONS Map Google Street View ,,fib U Click any parcel for parcel details. Map Google Street View Click any parcel for parcel details. Map Google Street View 1062/ Click any parcel for parcel details. 3[( -(_;� Map Google Street View P1 Click any parcel for parcel details. Map Google Street View v Click any parcel for parcel details. 688& Map data ©2023 Imagery @2023, Airbus, Maxar Technologies, U.S. Geological Survey 500 ft Report a map error 31(-1-6 Hello VLE and a huge welcome to all the new homeowners and residents... VLE is certainly growing... it is impossible to drive down any road and not see new construction ... it is clear the secret is out... What is the point of the postcard ...it is an invitation to voluntarily join the VLEPO ...YOUR $20 A YEAR GOES A LONG WAY -it is a way of recognizing and supporting the work that your Board does .... the majority of our funds come from the sponsors on our postcard ...so please keep that in mind and support our sponsors when you can. What makes VLE so special is the nicest and biggest hearted people live here ... look around ...Jay Rooney holds an annual Christmas Parade and hundreds ofyou eitherjoin the parade or enjoy it...Shannon McClain surprised 3 families with a pressure cleaned home for Christmas... neighbors helping neighbors during the hurricane... many volunteered to help board up homes... no one asked but Brad Ford took his generator to homes without power so his neighbors could enjoy a hot shower...Shanna Griggs gave someone oxygen while she was in great need herself -people pick up trash, parents watch children at the bus stops and so much more ... YOU HAVE EVERY RIGHT TO BE PROUD OF YOUR COMMUNITY -When you are asked where you live, say loud and proudly VLE! When you can attend the quarterly meetings... watch the VLEPO give out scholarships in June ... Win a free oil change from Mr. Oil, 2 bags of salt from Affordable Water or a Septic Spring Clean out from Reliable... learn about your County from knowledgeable speakers and meet your neighbors... Please take 10 minutes and show your support for VLE, write that $20.00 Check and send it in. For the Board, this is e�_ _Z�� � 6��, 0- VV �r'c %l watca Da .:DODO 01'p Wed, 11 VLEPO 11 r --------------------------------------- MEMBERSHIP -----------------------------_._------ MEMBERSHIP IS THE LIFE BLOOD OF VLEPO's VOICE IN OUR COUNTY 1 1 1 1 Your voluntary $20 yearly contribution helps maintain our common areas. 1 1 Your Membership Matters 1 1 1 1 Please fill out the following form to join the VLEPO. 1 1 1 1 I 1 NAME: 1 1 I 1 ADDRESS: 1 1 PHONE: 1 I 1 EMAIL: 1 I 1J l) 1 I 1 "*Complete all above fields, detach along dotted line and mail back in an envelope 1 1 with postage to VLEPO, P.O.Box 780869, Sebastian, FL 32978-0771 1 r:: " *********ECRWSSEDDM**** Residential Customer Cb Ub VLEPO RESIDENT MEETINGS RENTERS ARE INVITED TO JOIN VLEPO Scholarship will be Awarded at our July 18th Meeting Residents are Invited to the Vero Lake Estate Property Owners Meetings. Wed, February 8th I Wed, April 12th I Tues, July lath I Wed, October 4th At 6:30pm in the N. County Library Vero Lake Estates Property Owners VLEP Vero Lake Estates Neighborhood Watch ® www.viepo.com ® vlepomemberships@gmail.com 1 I COMMUNITY CONTACTS Y I Animal Control 772-226-3485 ircgov.com is. I Florida Power & Light 800-226-3545 fpl.com I Indian River Medical Center 772-567-4311 irmh.com I IRC Code Enforcement 772-226-1249 irccdd.com I IRC County Commission Office 772-226-1490 ircgov.com/boards I IRC Humane Society 772-388-3331 hsvb.org I IRC Sheriff's Non -Emergency 772-569-6700 iresheriff.org IRC Sheriff's Office 772-978-6240 iresheriff.org — I IRC Roads and Bridges 772-770-5085 ircgov.com IRC Veterans Service 772-226-1499 jherman@irc.com I — North County Aquatic Center 772 -581 -POOL ircrec.com I Poison Control 1-800-222-1222 floridapoisoncontrol.org School District of IRC 772-564-3000 indian-river.02.fl.us Sebastian River Medical Center 772-589-3186 sebastianrivermedical.com j'� Susan Adams -County Commissioner 772-226-1442 ircgov.com V Liberty Magnet School 772-564-5300 Imes.indianriverschools.org Sebastian Elementary School 772-978-8200 ses.indianriverschools.org Treasure Coast Elementary 772-978-8500 tce.indianriverschools.org �e I Sebastian River Middle School 772-564-5111 srms.indianriverschools.org 1 Storm Grove Middle School 772-564-6400 sgms.indianriverschools.org Sebastian River High School 772-564-4170 srhs.indianriverschools.org Senior Resources Association 772-569-0760 seniorresourceassociation.org I Waste Management 772-413-9997 wm.com 3�(t1 pw t §! « �- � \j e��;la $ lu | Ch e„§ o - - _ x � � d ■9 /\ jƒ) 3[1'|po )(A County Administrator's Matters Office of the INDIAN RIVER COUNTY John A. Titkanich, Jr., ICMA-CM, AICP, County Administrator Michael C. Zito, Deputy County Administrator ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., ICMA-CM, AICP, County Administrator DATE: September 7, 2023 SUBJECT: Joint Meeting — City of Sebastian and Indian River County Background & Discussion Chairman Earman met individually with the mayors of our cities and towns of the county and presented to the BoCC on July 11, 2023, the request to hold a series of joint city -county meetings. The Board supported the Chairman's request. Staff coordinated with the Treasure Coast Regional Planning Council as well as the cities of Sebastian and Vero Beach. Staff will follow up and coordinate with the remaining other city and towns. The first Joint Meeting between the City of Sebastian City Council and the Indian River County Board of County Commissioners is scheduled for Thursday, September 211t from 10 a.m. to noon. Below represents a list of topics (and questions) for the Board to discuss and select the top three to five for consideration to jointly discuss with the City of Sebastian: Septic to Sewer (Presentation on utility capacity, current projects underway/planned, desired future projects, funding strategies, and TMDL credits). Joint Use Planning for unincorporated areas abutting municipal boundaries (support for Interlocal Service Boundary Agreement?). 312 County Administrator's Matters Regional Park (partnership opportunities on parks/recreation programming). Coordination of development impacting County facilities (i.e., development at airport impacting Roseland Road and Central Airport Drive). Habitat Conservation Plan compliance (Sebastian Municipal Airport). What attributes of Sebastian make it unique and what does the City believe the County should take into consideration? Is there an economic opportunity unique to the City and the surrounding area that might warrant a partnership opportunity? Where does the City of Sebastian hope to see the City in 20 years? What problems or opportunities does the City envision? Staff Recommendation Review, discuss and select three to five topics for discussion with the City of Sebastian. 313 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Stormwater Pipeline Easement Request Gifford Dock Park DATE: August 29, 2023 DESCRIPTION AND CONDITIONS The City of Vero Beach is planning the construction of a pipeline (see attached Route Exhibit) that will provide treated stormwater as an irrigation source to Johns Island Water Management Inc., (JIWM), for use by both the residents of Johns Island and the two golf courses operated by Johns Island Club. Once complete, the pipeline will carry a maximum day withdrawal of 4.0 million gallons with a targeted goal of 3.0 million gallons per day annually. It is anticipated that the initial annual withdrawals will exceed 2.2 million gallons per day once operational. This new source will replace the current water sources by JIWM. These sources are 1.0 million gallons per day from two wells that draw water from the Floridan Aquifer and 1.2 million gallons per day of reclaimed water. It is estimated that once fully operational the system will reduce the nutrient loading to the Indian River Lagoon for total nitrogen (TN) by 9,772 lbs/yr and total phosphorous (TP) by 1,461 lbs/yr. The project design shows the pipeline being constructed through property owned by the County known as Gifford Dock Park (Park). In order to construct the pipeline through the Park, two easements are required from the County. The first is a "Temporary Construction Easement" granted by the County to the City over the entire property to construct the pipeline and to construct a picnic pavilion at the park within one (1) year of receipt of all necessary permits for the pavilion. (see attached exhibits) As a result of the construction activities necessary at the park site, the park may be closed for up to ninety (90) days. For compensation of the loss of the park use by the residents, the City will construct a covered picnic shelter for future use by the residents. Once the pipeline construction is complete and the picnic pavilion is constructed, a second permanent easement reflecting the as -built location of the pipeline will be prepared and granted to the City by the County. FUNDING No County funding is necessary for this project. 314 Page Two Stormwater Pipeline Easement Request Gifford Dock Park BCC Meeting 9/12/23 RECOMMENDATION Staff recommends the Board approve the Temporary Construction Easement and the issuance of a Permanent Pipeline Easement after installation of the pipeline, and authorize the Chairman to execute both documents, after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS 1. Gifford Dock — Temporary Construction Easement 2. Gifford Dock — Draft Permanent Easement 3. COVB Stormwater Pipeline Route 4. Gifford Dock — Shelter Exhibit APPROVED AGENDA ITEM FOR SEPTEMBER 12, 2023 C:\Gra n icus\Legista r5\L5\Tem p\2f902264-be32-4f19-8f1a-61684bc1664c.docx 315 Prepared by and return to; City Attorney P.O. Box 1389 Vero Beach, FL 32961-1389 TEMPORARY CONSTRUCTION EASEMENT (WATER LINE) #2023-EG-281(TCE) THIS INDENTURE made and entered into this day of 2023, ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "GRANTOR" or "COUNTY"), whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, and the CITY OF VERO BEACH, FLORIDA, a Municipal corporation (hereinafter "GRANTEE" or "CITY"), whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389. GRANTOR and GRANTEE may also be referred to herein individually as a "party" or collectively as the "parties." WHEREAS, GRANTOR is the fee simple owner of certain lands situated in Indian River County, Florida, and more specifically described in Exhibit "A" attached hereto and made a part hereof, which is located at GIFFORD DOCK PARK; and, WHEREAS, GRANTOR HAS AGREED TO GRANT AND CONVEY TO GRANTEE, a temporary non-exclusive access easement over, on, under, upon, and across the entire property for the specific limited purposes set forth herein, NOW, THEREFORE, in consideration of the mutual covenants, promises, terms and conditions set forth herein, together with other good and valuable consideration provided to GRANTOR, the adequacy and receipt of which are hereby acknowledged, GRANTOR hereby voluntarily grants, creates, conveys, and establishes a temporary easement for and in favor of GRANTEE upon the Property described in Exhibit "A," which shall ran with the land and be binding on the GRANTOR, and shall remain in full force and effect for the duration provided below. The scope, nature, and character of this Temporary Construction Easement shall be: 1. For the construction of an underground pipeline containing water for service to John's Island, including site work, preparation, maintenance, repair, access, and testing. 2. CITY shall construct a picnic pavilion at the park within one (1) year of receipt of all necessary permits for the pavilion and construction and testing of the stormwater pipeline is complete and restoration of the park site parking area has been finalized. 3. GRANTEE shall restore the Property to the condition that existed prior to any work being conducted and permitted hereunder, normal wear and tear excepted. 4. GRANTEE shall, at its own cost and expense, obtain all necessary permits and authorizations required by local, state, or federal authorities prior to the start of construction work at the Premises. Page 1 of 4 NADepartmentsMatcr & Scwcr\EASEMENTS\2023URC- Gifford Dock\2023.8.25 - Temporary Construction Enscment 02023-EG-281(TCE).doex 316 5. GRANTEE shall hold the GRANTOR harmless on and indemnify against any claims, causes of action, demands, or suits arising out of its use of this temporary construction easement for the construction of the pipeline at or on the Premises, for any and all negligent acts caused by its employees, agents, and contractors, for any and all damages, attorney's fees and court costs incurred by any third party. By execution of this agreement, neither Party waives its sovereign immunity protections as provided under section 768.28, Fla. Stat. 6. GRANTEE shall maintain its current level of liability insurance during the term of this easement for use and benefit of the Parties. 7. GRANTOR warrants that it has full authority to grant this temporary construction easement. 8. The Easement hereby created and granted includes the creation of all incidental rights reasonably necessary for the use and enjoyment of the easement area and Premises for its intended purposes, including, specifically, the right of entry for purposes of construction, installation, operation, maintenance and repair of the pipeline being installed hereunder. 9. Use of the easement Premises and entry upon the Premises will at all times conform to and comply with the terms of this easement and all applicable governmental regulations now in existence or hereafter created. 10. The easement hereby granted and conveyed to, over, under, upon, across, and through the Premises shall be for the reasonable time necessary for the completion of the project, but not to exceed ninety (90) days from the date of commencement of construction activities at the Property. GRANTEE shall give GRANTOR written notice of completion of the construction of the project. 11. The easement shall be governed by and construed in accordance with the laws of the State of Florida. IN WITNESS WHEREOF, the GRANTOR has duly authorized and caused this Indenture to be executed in its name as of the day and year first herein written. SIGNATURE PAGE TO FOLLOW [Remainder of Page Intentionally Left Blank] Page 2 of 4 NADepanments\Watcr & Scwer\EASEMENTS\2023URC- Gifford Dock12023.8.25 - Temporary Construction Easement #2023-EG-281(TCE).docx 317 GRANTOR: BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA LIM Joseph H. Eannan, Chairman BOCC approved: Attest: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk (Official Seal) Approved as to form and legal sufficiency: William K. DeBraal, County Attorney Approved: John A. Titkanich, Jr. County Administrator ACCEPTANCE OF CONVEYANCE The foregoing conveyance is hereby accepted by the City of Vero Beach, Florida, as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. ATTEST: Tammy K. Bursick City Clerk CITY OF VERO BEACH, FLORIDA L-02 Monte K. Falls, P.E. City Manager Date: Page 3 of 4 NADcpartments\Water & Scwer\EASEMENTS\2023VRC- Gifford Dock12023.8.25 - Temporary Construction Eascment #2023-EG-281(TCE).docx 318 ADMINISTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency Approved as to technical requirements: for COVB only: John S. Turner Matthew T. Mitts, P.E. City Attorney Director, Public Works Approved as to technical requirements: Robert J. Bolton, P,E. Director, Water & Sewer Page 4 of 4 NADepartmentsMater & Sewer\EASEMENTS\2023URC- Gifford Dock\2023.8.25 - Temporary Construction Easement #2023-EG-281(TCE).docx 319 Property Description #2023 -EG -281 (TCE) Gifford Docks August 25, 2023 EXHIBIT " AY PROPERTY DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT #2023-EG-281(TCIQ PARCEL #32-39-24-00000-0030-00002.1 Situated in the State of Florida, County of Indian River, and being a part of Section 24, Township 32 South, Range 39 East, and being more particularly bounded and described as follows: A Temporary Construction Easement over the parcel described below in Official Records Book 772, Page 2546 of the Public Records of Indian River County Florida, "From the southeast corner of the southwest quarter of Section 24, Township 32 South, Range 39 East, Indian River County, Florida, run North 00000'15" West along the east line of said southwest quarter, 637.19 feet to a point on the centerline of Gifford Dock Road; Thence following said centerline, run North 60°31'12" East, 662.07 feet to the Point of Beginning of the parcel to be described herein. From the Point of Beginning, continue North 60°31'12" East, 19.32 feet; Thence North 56°48'21" East, 83.78 feet to a point on the mean high water line of the Indian River; Thence following the mean high water line, run North 35°18'29" West, 91.63 feet; Thence North 45°42'33" West, 66.62 feet; Thence leaving said mean high water line, run South 60°31'12" West, 75.00 feet; Thence South 29°2848" East, 160.55 feet to the Point of Beginning." s David Gay, PSM #5 C1 t ` �^ S:1Property Des criptions\2023QO23-EG-281 TCE_Gifford Dock—Aug 25 2023.doc Sheet 1 of 2 320: INDIAN RIVER SCAa 1`a 40' 2a� SUBJECT EASEMENT Tk t (TEMPORARY CONSTRUCTION) 32-3$-24-00000--0030-00002. 11 PARCEL DESCIBED IN OR SK 772, PG 2546 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY 0 lop 1090 PyyQ000 G• :� G 0*, ••.. OpSO�0000� � ' CrS�S ` �s�A�u�i► nr000p0 J � �� 1 4 ••: �' 00 32' 4 mak► Q �. A GAYS - q THIS SKETCH IS NOT A. SURVEY SHEET..2 OF 2 w a eun�Rm By CJTY :OF \ZERO BEACH SKETCH OF PROPERTY DE:SCR1PTIONJEXHIBIT A DEPARTMENT OF PUBLIC WORKS TEMPORARY. CONSTRUCTION . EASEMENT� PORTION OF SECTION 2�4-32-:3 erl�co By 0tsc bTil EN.ctEERING & Sl1RVEY..D(VISION RB 321 Prepared by and return to: City Attorney P.O. Box 1389 Vero Beach, FL 32961-1389 UTILITY EASEMENT DEED (WATER LINE) #2023 -EG -281 THIS INDENTURE made and entered into this day of 2023, ("Effective Date") by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida (hereinafter "GRANTOR" or "COUNTY"), whose mailing address is 1801 27,' Street, Vero Beach, Florida 32960, and the CITY OF VERO BEACH, FLORIDA, a Municipal corporation (hereinafter "GRANTEE" or "CITY"), whose mailing address is P.O. Box 1389, Vero Beach, Florida 32961-1389. GRANTOR and GRANTEE may also be referred to herein individually as a "party" or collectively as the "parties." (Wherever used herein the terms "GRANTOR" and "GRANTEE" include all the parties to this instrument and their respective heirs, legal representatives, successors, and assigns). WITNESSETH: That Grantor is the owner in fee simple of that certain real property located at GIFFORD DOCK PARK, lying, situated, and being in Indian River County, Florida, more particularly described as: See Exhibit "A," attached hereto and incorporated herein, (hereinafter the "Property"). That GRANTOR, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grants to the GRANTEE an exclusive easement in perpetuity through, on, over, under, and across the Property for utility purposes, including installation of a water line, which easement shall be as more particularly described in Exhibit "A" (hereinafter "Easement" or `Basement Area"), attached hereto and incorporated herein by reference, and which Easement shall run with and be a burden upon the Property. GRANTOR further grants to the GRANTEE, as part of this Easement, a general easement for ingress, egress, and regress over and across the driveways, parking, common, and open areas of the Property for the purpose of access to and maintenance, repair, or replacement of any or all of GRANTEE'S equipment, water improvements, or related facilities. GRANTEE shall cause the restoration of any disturbance to or upon the Property and repair any damage to GRANTOR'S Improvements caused by the acts or omissions of GRANTEE, its employees, agents, or contractors, which restoration and repair shall be completed without expense to GRANTOR. GRANTEE shall not be otherwise responsible for maintenance, restoration, or repair of the Property or Easement or any Improvement or other installation thereon or therein. The Easement hereby created and granted includes the creation of all incidental rights reasonably necessary for the use and enjoyment of the Easement Area for its intended purposes, Page 1 of 3 NADepartmentsMater & Sewer\EASEMENTS\2023URC- Gifford Dock\2023.8.14 - Utility Easement #2023-EG-281.docx 322 including, specifically, the right of entry for purposes of construction, installation, operation, maintenance, and repair of any Utilities located within the Easement Area. The undersigned hereby covenants and warrants that GRANTOR owns the said land described herein and the undersigned, as or on behalf of GRANTOR, has the right to grant this Easement. The covenant and right set forth in this Agreement shall run with the title to the lands described herein and the benefits and burdens shall bind and inure to the benefit of all successors in interest to the parties hereto. The GRANTOR hereby warrants that: (i) GRANTOR owns the fee simple title to the Property, (ii) GRANTOR has good right and lawful authority to convey the Easement granted herein, (iii) the Property is not encumbered by any mortgages or other matters which would prohibit the use of the Easement Area for the purposes contemplated herein. IN WITNESS WHEREOF, the GRANTOR has duly authorized and caused this Indenture to be executed in its name as of the day and year first herein written. ATTEST: By: Deputy Clerk (Official Seal) Approved as to form and legal sufficiency: Bill DeBraal, County Attorney GRANTOR: INDIAN RIVER COUNTY, FLORIDA, By its Board of County Commissioners Lo Joe Earman, Chairman BOCC approved: Page 2 of 3 NADepartmentsMater & SewerTASEMENTS\2023URC- Gifford Dock\2023.8.14 - Utility Easement #2023-EG-281.docx 323 ACCEPTANCE OF CONVEYANCE The foregoing conveyance is hereby accepted by the City of Vero Beach, Florida, as evidenced by the signature of the undersigned, who is authorized to accept this conveyance. ATTEST: Tammy K. Bursick City Clerk CITY OF VERO BEACH, FLORIDA Lo Monte K. Falls, P.E. City Manager Date: ADMMSTRATIVE REVIEW (For Internal Use Only—Sec. 2-77 COVB Code) Approved as to form and legal sufficiency Approved as to technical requirements: for COVB only: John S. Turner City Attorney Approved as to technical requirements: Robert J. Bolton, P.E. Director, Water & Sewer Matthew T. Mitts, P.E. Director, Public Works Page 3 of 3 NADepartmentsMater & Sewer\EASEMENTS\2023\IRC- Gifford Dock\2023.8.14 - Utility Easement #2023-EG-281.doex 324 ,. 7 Legend e i°�sj '/ rG ,�` i° i5usd� � l 1 ,. • .3,� !U!/jjil \ ``^' o'-�"�d �t� r , a� �i ,. ,may m .&� �s►j , ��, 4 , jj EL r "" iurllo u�iuiilm> ,� 1 _ "l "+. "W" f tc -� wi i 17;durltm I °i1i1177i1717Y7 R ! 3. s �� 3R �ra� �4, ,P, a, � iui.u.. i lii � '"d7i1��1�/i71F7117i177►'� +a4 u B - 9 y,q�V�7(y(yV]filllliliflli �} f7.rr- [� (1111111111 �p • ' ., urril tots ,.�...,�• •. � • 1 OWN'S 0ii A:; { r' i yeyp� f v i �> d �RL • C G l' .. I� ` � C 1 X VVV � : t . ,i own xx { 'jog EXHIBIT A- LOCATION A. 325 Board of County Commissioners Indian River County City of Vero Beach Stormwater Pipeline Project Overview September 12, 2023 Project Description The Canal to Irrigation Water Project (A.K.A Stormwater Pipeline) is a multi -phased project. The project was originally identified to address supplementation needs for reclaimed water but soon after ballooned into a much bigger project. The first phase of the project, the Main Relief Canal intake structure and the distribution structure is under construction. The second phase of the project will construct 26,200 -LF of stormwater pipe within road right-of-way and under the Indian River Lagoon. Canal Intake and Re -pump station will be designed to pump in excess of 3-mgd of treated stormwater as irrigation water to the Barrier Island. The third phase of the project is conversion of an existing raw water line to serve an area south of the main canal. The potential users will be Vero Beach High School, the new 16th Street Track Facility, Vero Beach Elementary, Troy Moody Park, Charles Park, Freshman Learning Center and the Crestlawn Cemetery along with other properties that show interest. The final phase will be the construction of a pipeline from the existing pump station at 43rd Ave and the Main Canal north along 43rd Ave to the Airport RPZ along with an exfiltration system. This final phase will supplement the City's wellfield and provide a groundwater mound that will slow the migration of contaminants from the old County/ City Landfill. This will also provide an irrigation source for the old Dodger Pines property. The Canal Intake Structure and Pipeline are part of the SJRWMD Water Supply Plan. 9/12/23 12.G.1. � 2�- 1 Canal Intake Sty U c t u r 1. ■ F j h. z Primary Project Benefits The primary benefit achieved is Alternative Water Supply (AWS). The main reason to use as much AWS sources as possible is to conserve Florida's potable water supplies. Florida receives a large quantity of rainfall compared to other states. Reusing stormwater, in this case canal water withdrawn from the Main Relief Canal, helps conserve potable water supplies since groundwater water is not used for non -drinking water purposes. The canal water currently without any treatment discharges directly into the Indian River Lagoon. It is anticipated that this project will capture an annual average of 3 mgd of stormwater, filter and chlorinate it, and then pump it as a source water for irrigation purposes. By doing so, the withdrawals from the Upper Floridan and the Surficial Aquifers will be reduced by 1.5 mgd. Additionally, this project will free up 1.5 mgd of reclaimed water that can be used by new customers on the barrier island south of JIWM service area. If the 43rd Avenue Pipeline and Exfiltration Trenches are constructed an additional 2 mgd of stormwater will be used as aquifer recharge to the Surficial Aquifer. FDEP Factoid "until 1980, surface water was the largest source of fresh water in Florida. After 1980, ground water became the largest source of fresh water in Florida. In the future, ground water withdrawals are expected to level off as this source reaches its sustainable limit. New demand will increasingly be met by alternative water supplies. The demand projections in the most recent water management district Regional Water Supply Plans indicate water use will continue to increase over the next 20 years. Between 2010 and 2030, public supply is expected to increase by about 29 percent and account for the majority of the increase in statewide demand" 9/12/23 12.G.1. 32� - 4 Secondary Project Benefits The Indian River Lagoon is an integral part of our community. The Lagoon has faced many challenges over the years with excessive nutrient loadings from stormwater runoff, septic systems and the use of commercial fertilizer. In the last decade, there has been a strong movement to reduce the total nitrogen and phosphorus loadings to the IRL. Stormwater contains nutrients, such as nitrogen (N), and phosphorus (P). These nutrients are required by plants for normal growth. Using stormwater for irrigation allows for plant uptake of the nutrients instead of the direct discharge to the Lagoon. This project when fully operational will reduce the nutrient loading to the Indian River Lagoon for TN by 9,772 lbs./yr and TP by 1,461 lbs./ yr. If the 43rd Avenue Pipeline and Exfiltration Trenches are constructed, an additional 2 mgd of stormwater will be withdrawn from the Main Relief Canal resulting in the reduction of an additional 6,514 lbs/yr of TN and 974 lbs/ yr of TP. Project Stakeholders * City of Vero Beach * St. Johns River Water Management District * Johns Island Water Management * Clean Water Coalition * Indian River Neighborhood Association * Indian River County * Gifford Progressive Civic League * Town of Indian River Shores * Mosquito Control * Indian River Land Trust 9/12/23 12.G.1. 32(49- 5 Current Status of Projects • Construction of the Canal Intake Structure and Water Plant Modifications are underway; • Design is 100% complete for the stormwater pipeline; • Permits required: ✓ Indian River County (Right-of-way); ✓ FDEP; ✓ FDOT; ✓ USACE; ✓ SJRWMD; ✓ IRF Water Control District; ✓ FEC; ✓ TIRS ROW Permit. Current Status of Projects (continued) Permits Received / Status: ✓ Indian River County (Right-of-way) / Addressed all questions and ROW permit approval is conditional on the grant of the easement for the Gifford Dock Park; ✓ FDEP / Responded to the second request for information; ✓ FDOT / Received three separate permits for the project; ✓ USACE / Responded to the second request for information; ✓ SJRWMD / Received a Consumptive Use Modification for withdrawal of 4.0 million gallons of water per day; ✓ IRF Water Control District/Received the permit to construct the intake structure; ✓ FEC / will submit this week ($10,000 permit fee); ✓ TIRS ROW Permit/Received Permit. 9/12/23 12.G.1. �j2� - 6 Funding • Secured a $1.5 million grant from SJRWMD through the Cost -share program to construct the Canal Intake Structure and Plant Modifications; • Secured a $2.189 million grant from SJRWMD through the Cost - share program to construct the stormwater pipeline; • Awaiting a decision on a $1.2 million grant through the FDEP AWS Grant Program (Fall 2023); • Commitment from John's Island Water Management (JIWM) for $9.759 million; • City has budgeted funds for the Canal Intake Structure and Plant Modifications as needed. • The City will apply for SJRWMD Cost Share Funds to construct the 431d Avenue Pipeline and Exfiltration Trenches in future years. Project Timeline for Public Outreach ✓ Presented the Canal to Irrigation Water Project to City Council at budget meeting on 7/16/20; ✓ Met with JIWM to discuss additional water for irrigation — Presented the concept of Canal to Irrigation Water Project 7/20/20; ✓ Webinar with CWC and IRNA to discuss their position on the pipeline since they were the driving force behind the opposition to the County Reclaimed Water Line under the Lagoon 8/2/20; ✓ Follow up meeting with CWC and IRNA on 9/22/20; ✓ Received $1.5 million grant award from SJRWMD on 12/8/20 for Canal Intake Structure and Plant Modifications; ✓ Met with Kevin Kirwin to discuss use of park for stormwater pipeline on 12/17/20; ✓ Follow up meeting with CWC and IRNA on 2/19/21; ✓ Met with Commissioner Earman Gifford community members Ruth Stanbridge Kevin Kirwin — 2/24/21 on site at park discussed leaving trees and providing picnic tables: ✓ Follow up meeting with CWC and IRNA on 3/5/21; ✓ Follow up meeting with CWC and IRNA on 4/16/21; ✓ Zoom presentation with IRLT Board on 4/13/21; ✓ Follow up meeting with IRLT Board on 4/15/21; ✓ Presented the Canal to Irriqation Water Project to Gifford community at the Gifford Community ✓ %eceived $2.189 million grant award from SJRWMD on 5/11/21; ✓ Entered into agreement with JIWM on 7/20/21. In addition to the above, City held onsite meetings at Bee Gum Point and Gifford Park with the following to discuss environmental concerns: 0 CWC; o Mosquito Control; o Land Trust; o IRNA; 0 Audubon. 9/12/23 12.G.1. 32(49 - 7 End of Presentation 9/12/23 12.G.1. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr. County Administrator FROM: Richard B. Szpyrka, P.E., Public Works Director SUBJECT: Indigo Vero, LLC. Developers Agreement 46' Place at Tracking Station Park DATE: August 30, 2023 DESCRIPTION AND CONDITIONS 14 The developer who purchased the property adjacent to Tracking Station Park is constructing a subdivision comprised of residential condominium and single-family residences located at the eastern terminus of 46'x' Place East and south of Tracking Station Park. The development, Indigo Vero Beach, is within the City of Vero Beach, but accesses the development from 46' Place, a County roadway that also serves as the entrance to Tracking Station Park. The developer and their engineer, Joseph Schulke, P.E., met with County staff to discuss a Developers Agreement (DA) to partner in making substantial improvements to 46's Place and to the park entrance. These improvements include relocating the entrance to Tracking Station Park to the west to remove the 90 -degree bend from the park access driveway, adding sidewalk access from A 1 A to the park entrance, widening the roadway, adding curb and improving the drainage by adding stormwater treatment. These improvements will enhance the park access and also the access to Indigo Vero Beach. Parks and Recreation has reviewed and approved the content of the Developers Agreement. The Developer is requesting a 20% cost participation by the County for the proposed improvements with the Developer funding the remaining 80%. The total cost of the improvements is estimate at $563,498.00. The County's participation is $112,699.60. The access to Tracking Station Park is in need of improvements and it is Staff s opinion that partnering with the Developer will be beneficial to both parties. FUNDING Although not currently budgeted, the expenses will be programmed into the 2023 Capital Improvement Element (CIE). Traffic Impact Fees/District II/46'x' Place Account No. Amount Tracking Station Park Improvements 10215241-066510-23045 $112,699.60 327 Page Two Indigo Vero, I.I.C. Developers Agreement 46th Place at Tracking Station Park BCC Meeting 8/12/2023 RECOMMENDATION Staff recommends the Board approve the Developers Agreement with Indigo Vero, LLC., authorize District II -Traffic Impact Fee funding in an amount not to exceed $112,699.60, and authorize the Chairman to execute the Developer Agreement after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENTS 1. Indigo Vero, LLC Developers Agreement APPROVED AGENDA ITEM FOR SEPTEMBER 12, 2023 C:\Granicus\Legistar5\L5\Temp\645e9b50-aa2d-499f-bbe8-6dfc2788d7b8.docx 328 DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND INDIGO VERO, LLC THIS DEVELOPER'S AGREEMENT (Agreement) is made and entered into this day of , 2023, by and between INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, 1801 270' Street, Vero Beach, FL 32960 ("County") and INDIGO VERO, LLC, a Florida limited liability company, 2061 Indian River Boulevard, Vero Beach, FL 32960 ("Developer"). WITNESSETH: WHEREAS, Developer proposes to develop subdivision comprised of residential condominium and single family residences located at the eastern terminus of 46"' Place East and south of Tracking Station Park in Indian River County, Florida, to be known as "Indigo Vero Beach" ("the Development") on real property legally described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. WHEREAS, the County and the Developer share mutual goals and have determined that they can assist each other with respect to roadway and drainage improvements, intersection improvements, and other improvements described herein and required as a condition of the Indigo Vero approval; and WHEREAS, the County and the Developer desire to enter into this Agreement to set forth the terms and conditions to which they have agreed with respect to the matters contained herein; NOW, THEREFORE, for and in consideration of these premises, Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Developer do hereby covenant, stipulate, and agree as follows: Recitals: The foregoing recitals are incorporated as if fully restated herein. a. Improvements: The Developer and County agree that the improvements described in Exhibit `B" shall be completed by the Developer ("the Improvements") with an estimated time for completion of XXX subject to extension(s) resulting from matters outside the control of Developer (e.g. natural disasters and weather events, supply shortages, labor availability, etc.). b. Developer shall construct the Improvements in accordance with the approved plans, Indian River County Right -of -Way permit number 2021100436 and FDOT permit number 2023-A-490-00041 (access) and FDOT permit number 2023-D-490-00025 (drainage). 329 c. County will be the permittee for any FDOT permit required and that the Developer will be responsible for obtaining the permit. d. The costs of the Improvements shall be apportioned such that the Developer shall pay for eighty percent (80%) of the total cost of the Improvements and County shall pay for twenty percent (20%) of the total cost of the Improvements. The parties agree that the estimate of costs attached hereto as Exhibit "C" represent amounts consistent with the intent of the parties. e. Developer shall post a construction bond as required by the Indian River County Code of Ordinances Chapter 312.11 -Performance Security. f. County will reimburse Developer for its agreed upon, proportionate share of the total cost of the Improvements upon the completion of the Improvements and the provision of evidence of payment for all costs and expenses associated with the Improvements. More specifically, Developer shall advance and pay all costs and expenses associated with the completion of the Improvements and shall obtain all releases and lien waivers from each party providing services, labor and/or materials for the completion of the Improvements. Upon the completion of the Improvements, Developer shall present evidence of payment and the aforementioned lien clearances to County who shall reimburse Developer for its agreed upon and proportionate share of the costs for the completion of the Improvements. County shall pay all amounts due Developer under this agreement within forty-five (45) days of the delivery of the documents and payment evidence required hereby. g. The County shall not withhold any approval or permit, nor shall it deny concurrency, because of the condition or state of any intersection in the County as long as the Developer is in compliance with this Developer's Agreement. h. County and Developer will coordinate construction schedules so that Tracking Station Park will be open for normal vehicular traffic during the regular, posted hours for park access. Closures of the park, if any, shall be coordinated with the County and posted at least fourteen (14) days in advance of the park closing. Developer shall provide for maintenance of traffic continuity as required by its construction schedules. Developer shall coordinate construction of 46th Place with adjacent business operators (CVS and 7-11) to keep the closure of each businesses ingress/egress driveways to a minimum and that any closures of the driveways be noticed to said operators in advance. i. In the event the Developer has not received its Land Development Permit, Certificate of Completion for Indigo Vero Beach or other administrative authorization(s) or permit(s) required for the completion of the Development by the time the County is ready to issue a Notice to Proceed with construction of the Improvements to the extent necessary and applicable, the Developer shall permit the County or the County's contractor, to construct the necessary Improvements and the County shall permit the Developer to do so as well. j. Compliance: All road construction by the Developer pursuant to this Agreement shall be in compliance with all applicable, governing standards. 0) 330 Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorneys' fees and costs from the non -prevailing party. B. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. D. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any parties hereto. This Agreement shall not be effective unless signed by the Developer and the County. E. The obligations of the Developer to this Agreement are expressly conditioned upon the Developer's decision, at the Developer's sole discretion, to proceed with the development of Indigo Vero Beach. F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld or delayed by the County for Indigo Vero Beach or any portion thereof, nor shall the County delay or withhold any other required permits, provided that the Developer is in compliance with this Agreement, all applicable laws and regulations. G. Except as described herein, and in the plans submitted by the Developer and approved by the County, the County shall not require the Developer to construct, contribute to, or share in the costs of any off-site improvements other than the payment of impact fees. H. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. Time shall be of the essence. I. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 3 331 J. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. K. The County and the Developer shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. L. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. M. All words, terms, and conditions contained herein are to be read in concert each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. N. The words herein and hereof and words of similar import, without referenced to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. O. In the event any term, conditions, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of : Print Name: Print Name: 4 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. M. Joseph H. Earman, Chairman 332 Approved by: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency William K. DeBraal, County Attorney By: STATE OF FLORIDA COUNTY OF INDIAN RIVER BCC Approved: Attest: Ryan Butler, Clerk of Court and Comptroller Deputy Clerk The foregoing instrument was acknowledged before me by means of [X] physical presence or L] online notarization this day of , 2023, by Joseph H. Earman, as Chairman of the Board of County Commissioners, who is personally known to me or who produced as identification. (Notary Seal) Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF FLORIDA COUNTY OF INDIAN RIVER Printed Name: My Commission Expires: INDIGO VERO, LLC, a Florida limited liability company Yane F. Zana, Manager The foregoing instrument was acknowledged before me by means of [X] physical presence or L] online notarization this day of , 2023, by Yane F. Zana as Manager of INDIGO VERO, LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. 333 (Notary Seal) Print Name: Notary Public My Commission Expires: 334 Exhibit "A" Legal Description BEING A PARCEL OF LAND LYING IN THE EAST 10 ACRES OF GOVERNMENT LOT 1 (THE SAME BEING KNOWN AS THE GOVERNMENT TRACKING STATION), SECTION 20, TOWNSHIP 32, RANGE 40 EAST, INDIAN RIVER COUNTY, FLORIDA. THE BOUNDARY OF SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: FROM THE SOUTHWEST CORNER OF SAID SECTION 20, RUN N89°42'15"E ALONG THE SECTION LINE 346.80 FEET, MORE OR LESS TO A CONCRETE MONUMENT MARKING THE SOUTHWEST CORNER OF AFORESAID GOVERNMENT TRACKING STATION FOR THE POINT OF BEGINNING OF THE PARCEL TO BE HEREIN DESCRIBED; THENCE RUN N00°13'15"E ALONG THE WEST LINE OF SAID TRACKING STATION, 197.00 FEET; THENCE RUN S89°15'45"E, 131.47 FEET; THENCE RUN N00°12'06"E 294.90 FEET; THENCE RUN N45°28'41 "E, 21.11 FEET; THENCE RUN S89015'45"E 154.28 FEET; THENCE CONTINUE S89°15'45"E, 110.75 FEET, MORE OR LESS TO THE MEAN HIGH WATER LINE OF THE ATLANTIC OCEAN; THENCE MEANDER SOUTHEASTERLY ALONG THE MEAN HIGHWATER LINE, TO THE SOUTH LINE OF SAID SECTION 20; THENCE RUN S89042'15"W ALONG THE SECTION LINE, 542.43 FEET TO THE POINT OF BEGINNING. 7 335 Exhibit `B" Description of Improvements 336 i Exhibit "C" Opinion of Probable Costs of Improvements 338 Item Description COST ESTIMATE 46TH PLACE E IMPROVEMENTS INDIGO Quantity Unit Unit Price Total Price 1000 Demo and Earthwork 01 Mobilization 1.00 LS 10000.00 10,000.00 02 Maintenance Of Traffic 1.00 LS 15000.00 15,000.00 03 Maintenance Of Traffic 1.00 LS 12500.00 12,500.00 04 Silt Fence - Furnish And Install 700.00 LF 3.50 2,450.00 05 Construction Entrance 1.00 EA 4500.00 4,500.00 06 Other SWPP Requirements 1.00 EA 10000.00 10,000.00 07 Remove Asphalt 1,330.00 SQYD 4.50 5,985.00 08 Excavate Retention Pond 2.00 EA 11500.00 23,000.00 09 Grade ROW And Behind Curb 1.00 LS 8000.00 8,000.00 10 Grade Swale 300.00 LF 11.00 3,300.00 11 Remove Existing 2" WM 1.00 LS 3000.00 3,000.00 12 Remove Existing FM 1.00 LS 5000.00 5,000.00 13 Remove Base Rock 1,330.00 SQYD 8.00 10,640.00 14 Sod 3,540.00 SOFT 2.30 8,142.00 15 Irrigation Repair 1.00 LS 2000.00 2,000.00 Total: 123,517.00 2000 Roadway 01 1" FC -9.5 (TL -C Asphalt) 1,400.00 SQYD 35.00 49,000.00 02 2" Asphalt Pavement 1,450.00 SQYD 38.00 55,100.00 03 10" Coquina Base 1,600.00 SQYD 26.00 41,600.00 04 ERP -1 Prime 1,600.00 SQYD 1.00 1,600.00 05 12" Stabilized Subgrade 2,000.00 SQYD 7.50 15,000.00 06 Type F Curb 320.00 LF 36.50 11,680.00 07 Type D Curb 270.00 LF 28.00 7,560.00 08 6" Concrete Sidewalk In R/O/W 2,182.00 SOFT 10.50 22,911.00 09 6" Concrete Paving 300.00 SOFT 11.25 3,375.00 10 Handicap Ramps (with A.D.A. 7.00 EA 1050.00 7,350.00 11 Concrete Flumes 3.00 EA 2125.00 6,375.00 12 Striping & Signage (Thermo) 1.00 LS 11250.00 11,250.00 13 Temp Asphalt Driveway 2.00 EA 6500.00 13,000.00 Total: 245,801.00 3000 Drainage Items 01 Type C Inlet 2.00 EA 8,700.00 17,400.00 02 Storm Sewer - 12 X 18" ERCP 161.00 LF 130.00 20,930.00 03 Mitered End Section 3.00 EA 1,950.00 5,850.00 Total: 44,180.00 Other 01 Fence and Gate at Park 1.00 LS 35,000.00 35,000.00 02 Survey - Stake -out/ As-Builts 1.00 LS 25,000.00 25,000.00 03 Testing (Geotech) 1.00 LS 10000.00 10,000.00 339 04 Engineering Design and Inspections 1.00 LS 80000.00 Total: Summary Total For Demo and Earthwork Total For Roadway Total For Drainage Total For Other CERTIFICATE OF COST ESTIMATE 80,000.00 150,000.00 123,517.00 245,801.00 44,180.00 150,000.00 Total: 563,498.00 Surety Amout (115%) 648,022.70 I, Joseph W. Schulke, A Florida registered engineer, License No. 47048, do hereby certify to Indian River County that a cost estimate has been prepared under my responsible direction for those improvements itemized in this exhibit. This estimate has been prepared, in part, to induce approval by the county of a cost estimate for the above referenced project, and for the purpose of establishing proper surety amounts associated therewith. (Signature) (Date) Joseph W. Schulke, P.E., Florida Registered Engineer License No. 47048 340 Indigo Vero I.I.C. Developers Agreement Public Works Department September 12, 2023 9/12/23 Item 12.G.2. Al "MW MNAI�t '40 ELW 9/12/23 Item 12.G.2. I�Lq I Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 1, 2023 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Prepared By: Sean C. Lieske, Director of Utility Services Subject: Developer's Agreement with Go Life Holding LLC for 12 -inch Water Main Extension from 901h Avenue to 98th Avenue Background/Analysis: Go Life Holding LLC has a parcel of land of approximately 239 acres to the west of Interstate 9S (1-95) and South of Highway 60, referred to as Venetian Grove. Venetian Grove is located to the south of the Vero Beach Outlet Mall and to the east of the Verona Trace development, which currently includes156 single family units and 290 townhouse units. In order to develop the land, the developer wishes to secure water and sewer availability for approximately 900 single family units within their 239 -acre parcel. The existing commercial and residential units located in the Urban Service Boundary (USB) to the west of I- 95 are served by a single water main that runs along State Route 60. Considering the area to west of 1-95 is without a redundant source of water, they could be left without water until such time as services can be restored following a break to the existing water main. Given the proposed Venetian Grove development would nearly double the current residential units in the area, the Indian River County Department of Utility Services (IRCDUS) is requiring the developer to install a redundant water main from 90th Avenue on the east of 1-95 to 98th Avenue on the west of 1-95. The need for an additional water main to serve the area west of I- 95 within the USB has been contemplated in the County's Comprehensive Plan for several years as a means to ensure uninterrupted water service to the residents within this portion of the USB in the event of a main break along the current water main alignment. Venetian Grove was issued a Utility Construction Permit (UCP), permit # 3626, that specifies the need to enter into a Developer's Agreement (DA) to share in the cost of the design and construction of the additional water main. The DA specifies that the developer, or their assignee, would be responsible for the design and construction of the water main and that IRCDUS will reimburse the developer based on a fair and equitable distribution of the cost. The distribution of costs is based on an evaluation of the Verona Trace development, existing commercial establishments, along with future development possibilities within the existing USB and the proposed residential units within the developer's 239 -acre parcel. Based on this evaluation, IRCDUS would be responsible for approximately 60% of the design and construction costs, and the developer, or their assignee, would be responsible for the remaining 40%. The DA also specifies that specific milestones must be met based upon the number of building permits that have been issued within the proposed Venetian Grove development. Failure to meet these milestones would result in the County placing a hold on 341 Departmental Item any additional building permits until such time as the water main gets built. Finally, the DA provides some flexibility in the alignment of the water main, but specifies it must be a minimum of a 12 -inch line extending from 90th Avenue to the east of 1-95 to 98th Avenue to the west of 1-95. Funding: The cost of the water main construction is unknown at this time so the specific amount of funding is not available. Depending upon the alignment, current estimates suggestthe line would cost between $3,000,000 to $4,000,000. At 60%, IRCDUS would be responsible for roughly $1,800,000 to $2,400,000 in costs, which would come from the Impact Fee/WIP/Venetian Grove 12" Water Main account, number 472-169000- 23553. Some of the costs incurred by IRCDUS would be recovered by any future development that occurs within the area. Furthermore, new growth has created the need for the expansion or construction of the facilities, and that new growth will benefit from the expansion or construction of the facilities. ACCOUNT NAME ACCOUNT NUMBER I AMOUNT �:] Impact Fee/WIP/Venetian Grove 12" Water Main 1 472-169000-23553 1 $2,400,000 Recommendation: Staff recommends the Board of County Commissioners approve the Developer's Agreement with Go Life Holding LLC for a 12 -inch Water Main Extension from 90" Avenue to 98th Avenue and authorize the Chair to execute the same. Attachments: Venetian Grove Developer's Agreement 342 AGREEMENT BETWEEN INDIAN RIVER COUNTY, FLORIDA AND GO LIFE HOLDING LLC FOR VENETIAN GROVE FOR THE COST SHARE OF OFF-SITE UTILITIES THIS AGREEMENT FOR THE COST SHARE OF OFF-SITE UTILITIES, is made by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, the address of which is 1801 27h Street, Vero Beach, Florida 32960 (the "County") and GO LIFE HOLDING LLC, a Florida limited liability company, the address of which is 305 Julia Street, New Smyrna Beach, Florida 32168 (the "Developer"), for VENETIAN GROVE, and is effective upon execution by the last of the parties hereto (the "Agreement"). RECTIALS: WHEREAS, Developer is the owner of approximately 239 acres located at 12th Street, Vero Beach, and as more specifically described in Exhibit "A" attached hereto (the "Property"); and WHEREAS, Developer proposes to develop the Property into a total of nine hundred (900) single-family residential units pursuant to the approved Venetian Grove Subdivision, which is the subject of Ordinance No. ; and WHEREAS, Developer, in conjunction with the construction improvements at Venetian Grove, is providing water and wastewater facilities to the Property; and WHEREAS, County requires off-site utility improvements to connect to the regional watermain and force main; and WHEREAS, impacts of development on utility facilities can be mitigated by the cooperative efforts of public and private sectors; and WHEREAS, the off-site utility improvements constructed by Developer will advance the implementation of the County's adopted Indian River County Master Plan Update; and WHEREAS, Developer shall complete construction of the off-site utility improvements in the form of installation of a twelve inch (12") watermain extension generally from the vicinity of 8th Street and 90th Avenue to the vicinity of 8th Street and 98th Avenue, which can either be Page 1 of 10 343 accomplished by boring under I-95 or by going south along 90th Ave to 4th Street, then along 4th Street from 90th to 98th and then back up 98th, which is anticipated to be done through open cut along existing roadways (the "Off -Site Utility Improvements"); and WHEREAS, the proposed Off -Site Utility Improvements are a system safety enhancement that County has desired to implement and is anticipated to help improve the system for all area customers; and WHEREAS, County deems it to be in the public interest to recognize the construction by Developer for the future improvement of the utility system in the portion of the County in which the Property is located; and WHEREAS, other alignment option may be considered to get from the vicinity of 8th Street and 90th Avenue to the vicinity of 8th Street and 98th Avenue, based on route feasibility; and WHEREAS, County has determined that Developer is making binding commitments for itself and its successors and assigns in the Property to County as set forth herein to accommodate the impacts of the Development; and WHEREAS, Florida law allows for the County's execution of this Agreement; WHEREAS, this Agreement strengthens the public planning process, encourages sound capital improvement planning and financing, assists in assuring there are adequate capital facilities for the development, encourages private participation and comprehensive planning and reduces the costs of development; and WHEREAS, Developer seeks by this Agreement to set forth Developer's obligation regarding construction of future utility improvements within the project's impact area; and WHEREAS, County agrees to reimburse Developer, as provided herein, for the Developer's installation of the Off -Site Utility Improvements. NOW, THREFORE, for and in consideration of the mutual promises set forth herein and other good and valuable consideration, the County and Developer agree as follows: 1. Findings of Fact. The foregoing recital statements are true and correct and incorporated herein by reference as Findings of Fact. 2. Purpose. The purpose of this Agreement is to: a. Satisfy the requirements of UCP No. 3626 for the Venetian Grove Subdivision; and b. Recognize the utility improvements to be constructed by Developer and partially reimbursed by County as providing significant benefit to the impacted utility system in the area of the development; and c. Secure utility availability for nine hundred (900) single-family units. Page 2 of 10 344 3. Changes in Densities and Intensities. Amendments to the zoning classification, permits or other approvals for Venetian Grove from time -to -time, which do not increase the utility impacts beyond the development densities proposed or allowed herein or the equivalent thereof, shall not affect the validity or vary the terms of this Agreement. If a zoning change is made that in any way increases such water and sewer impacts as set forth herein, this Agreement shall not be effective only as to the incremental development causing the increased impacts, but such incremental development shall not limit or impair any rights, privileges and benefits afforded by this Agreement. 4. Off -Site Utility Improvements. The Developer shall construct the Off -Site Utility Improvements substantially as described hereinabove and otherwise as directed by the Indian River County Utilities Department. The County shall reimburse the Developer for a portion of the Off -Site Utility Improvements, as set forth herein. Developer shall submit final plans for construction of off-site utility improvements to the County prior to commencement of construction, which final plans may propose a different route for Off -Site Utility Improvements, and the County shall have 30 days to review, amend and/or approve said plans. The Developer shall construction the Off -Site Utility Improvements in accordance with the following schedule: a. Design completed by the time of issuance of a building permit for the 200th home; and b. Construction initiated by time of issuance of a building permit for the 300th home; and c. Construction completed by no later than the time of the issuance of a building permit for the last home in Phase 2 * Phasing of the Project anticipated to be: Phase 1 251 homes Phase 2 340 homes Phase 3 309 homes Any changes to this phasing schedule will an amendment to this Agreement per Section 11 herein. Developer agrees that failure to meet the above schedule may result in the County placing a hold on issuance of building permits. 5. Reimbursement. The County shall reimburse the Developer an amount equal to sixty percent (60%) of the total cost of design, permitting, construction and installation of the Off - Site Utility Improvements (the "Improvements Expenses"). The Developer shall have the right to submit an invoice, together with reasonable supporting documentation, to the County each month for the County's sixty percent (60%) share of all of the Improvements Expenses incurred by the Developer for the immediately preceding month, and the County shall pay its sixty percent (60%) share of such Improvements Expenses per the Florida Local Government Prompt Payment Act. The reimbursement rate of sixty percent (60%) is calculated based upon the estimated "developable" number of homes that could be built in the surrounding area (based on acreage with the existing urban service boundary) including the Venetian Grove development to be approximately 2211 homes with Venetian Grove proposing to develop around 900 homes. Page 3 of 10 345 6. Easements. a. The Developer shall convey to the County a utility easement for the water and wastewater utilities over any property owned by the Developer for the County to install, maintain, operate and monitor the water and wastewater utilities, within the private right-of-way including, but not limited to, waterlines, services, laterals, manholes, meters, lift station, sewer, remote monitoring and related utility structures. b. The grant of easement may be made by way of an easement agreement or the adoption and dedication of a duly approved and recorded plat pursuant to Chapter 177, Florida Statutes. 7. Indemnification. The Developer hereby releases and holds harmless the County, and the County's officers, employees, agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, any work by Developer or its contractors or subcontractors within or on the Property, or from any act or omission of any representative, agent, client, and/or employee of Developer with respect to such work, and Developer shall indemnify the County against any such claims and any judgments that may be entered in connection therewith, including attorneys' fees. 8. Reserved. 9. Term. The term of this Agreement shall be seven (7) years. Unless otherwise agreed to by the parties in writing, this Agreement shall not be renewed automatically for successive terms. a. Once any construction has been initiated under this Agreement by Developer, the obligations of the County, including the obligation to reimburse Developer under Section 5 hereof, and the rights granted to Developer hereunder, shall survive the termination of this Agreement and shall continue until such construction is complete. b. [Intentionally Deleted]. 10. Definitions. All pronouns shall be deemed to refer to the masculine, feminine, or neuter, singular or plural, as the identity of the party or parties may require. 11. Amendment. This Agreement may be modified only by a written instrument executed by all parties to the Agreement. 12. Assignability. Either party may assign this Agreement. However, the rights granted herein shall run with the land and are not the personal property of the Developer. Therefore, while the Developer has the right under this Agreement to freely transfer the rights and obligations granted by this Agreement, the assignee shall not have the right to transfer these rights to another property unless this Agreement is amended in writing by the assignee and the County. Page 4 of 10 346 13. Authop:ly. Each party hereto represents and warrants to the other that the execution of this Agreement and any other documents required or necessary to be executed pursuant to the provisions hereof are valid, binding obligations and are enforceable in accordance with their terms. 14. Captions. Captions, if included, in this Agreement are included for convenience only and are not to be considered in any construction or interpretation of this Agreement or an of its provisions. 15. Entire Agreement. This Agreement embodies the entire agreement between the parties relative to the subject matter hereof, and there are no oral or written agreements between the parties, nor any representations made by either party relative to the subject matter hereof, which are not expressly set forth herein. 16. Governing Law and Jurisdiction. This Agreement shall be governed by the laws of the State of Florida and the laws of the United States pertaining to transactions in such state, and all actions arising out of this Agreement shall be brought in Indian River County, Florida, or, in the event of federal jurisdiction, the United States District Court for the Southern District of Florida. All of the parties to this Agreement have participated freely in the negotiation and preparation hereof. Accordingly, this Agreement shall not be more strictly construed against any one of the parties hereto. 17. Permits and Approvals. The fact that this Agreement does not detail all laws, rules, regulations, permits, conditions, terms and restrictions that must be satisfied to complete the development contemplated by this Agreement shall not relieve any party, or its successors in interest of the obligation to comply with the law governing such permit requirements, conditions, terms, and restrictions. Notwithstanding the foregoing, the interests of any party may be mortgaged in connection with a mortgage of any portion of the Property. 18. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts which, taken together, shall constitute collectively one (1) Agreement, but in the making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart executed by the party to be charged. 19. Further Assurances. Each of the parties hereto agrees, to the extent permitted by law, to do, execute, acknowledge, and deliver, or cause to be done, executed, acknowledged, and delivered, all such further acts, and assurances as shall be reasonably requested by the other party in order to carry out the intent of this Agreement and give effect thereto to the extent allowed and in a manner permitted by law. Without in any manner limiting the specific rights and obligations set forth in this Agreement or illegally limiting or infringing upon the governmental authority of the County, the parties hereby declare their intention to cooperate with each other in affecting the terms of this Agreement, and to coordinate the performance of their respective obligations under the terms of this Agreement. 20. Exhibits. All exhibits attached hereto contain additional terms of this Agreement and are incorporated herein by reference. Page 5 of 10 347 21. Recording of Agreement. This Agreement may be recorded in the official records of Indian River County by the County. If recorded, the obligations defined in this Agreement shall run with the land and shall bind subsequent owners of the Property for the term of this Agreement. 22. Severability; Invalid Provision. If any provision of this Agreement is held to be illegal, invalid or unenforceable under present or future laws, such provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid or unenforceable provisions had never compromised a part of this Agreement, and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such illegal, invalid, or unenforceable provisions or by its severance from this Agreement. 23. Notices. Any notices or reports required by this Agreement shall be sent to the following: For the County: County Administrator Indian River County 1801 27th Street Vero Beach, Florida 32960 For the Developer: Go Life Holding LLC 305 Julia Street New Smyrna Beach, Florida 32168 With copy to: Amy Marie Vo, Esq. St. Johns Law Group 104 Sea Grove Main Street St. Augustine, Florida 32080 24. Time of Essence. Time is of the essence of this Agreement. If the final date of any period which is set out in any provision of this Agreement falls on a Saturday, Sunday or legal holiday under the laws of the State of Florida, then, in such event, the time of such period shall be extended to the next business day which is not a Saturday, Sunday or legal holiday. [SIGNATURES ON FOLLOWING PAGES] Page 6 of 10 348 IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Agreement on the day(s) and year set forth below. ATTEST: BOARD OF COUNTY COMMISSIONERS Ryan L. Butler, Clerk of Court and Comptroller INDIAN RIVER COUNTY, FLORIDA BY. Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator STATE OF COUNTY OF Joseph H. Earman, Chairman Date: Approved as to form and legal sufficiency: William K. DeBraal County Attorney The foregoing instrument is hereby acknowledged before me by (_) remote online notarization or (_) physical presence on this day of , 2023, by who is the Chairman of the Board Of County Commissioners for Indian River County, Florida, and is authorized to execute this Agreement on behalf of Indian River County, Florida. He is known to me and (did/did not) take an oath. NOTARY PUBLIC, State of Florida Name: My Commission Expires: My Commission Number is: Page 7 of 10 349 IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have executed this Agreement on the day(s) and year set forth below. Witness: Name: Name: STATE OF COUNTY OF GO LIFE HOLDING, LLC, a Florida limited liability company By: _ Name: Its: Date: The foregoing instrument is hereby acknowledged before me by 0 remote online notarization or (_) physical presence on this day of , 2023, by , who is the of Go Life Holding LLC, a Florida limited liability company, on behalf of the company. He/She has produced as identification and (did/did not) take an oath. NOTARY PUBLIC, State of Name: My Commission Expires: My Commission Number is: Page 8 of 10 350 EXHIBIT A LEGAL DESCRIPTION Parcel I: The South 1/2 of Tract 11, Section 10, Township 33 South, Range 38 East, according to the last general Plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25, said lands now lying and being in Indian River County, Florida. Parcel II: The North 1/2 of Tract 11, Section 10, Township 33 South, Range 38 East, according to the last general Plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25, said lands now lying and being in Indian River County, Florida. Parcel III: All of Tract 12 and the West 1/2 of Tract 13, Section 10, Township 33 South, Range 38 East, according to the last general Plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. AND The East 1/2 of Tract 13, Section 10, Township 33 South, Range 38 East, according to the last general plat of land of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. Parcel IV: The West 10 acres of the East 1/2 of Tract 14 and the West 1/2 of Tract 14, Section 10, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. AND The East 1/2 of Tract 14, LESS the West 10 acres thereof, Section 10, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. Parcel V: The North 1/2 of the following described property: Tracts 3 and 6, Section 10, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida, together with an Easement for ingress and egress over the Westerly 20 feet of the South 1/2 of the following described property: Tracts 3 and 6, Section 10, Township 33 South, Range 38 East, according to the last general Plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. Page 9 of 10 351 Parcel VI: The South 1/2 of the following described property: Tracts 3 and 6, Section 10, Township 33 South, Range 38 East, according to the last general Plat of land of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida, recorded in Plat Book 2, at Page 25; said lands now lying and being in Indian River County, Florida. Page 10 of 10 352 13 A- 1 9.12-23 Randi Wardlow From: Tina Cournoyer <tournoyer@indianriver.gov> Sent: Monday, September 11, 2023 4:40 PM To: Eric Dietrich Cc: Randi Wardlow Subject: FW: [External] Emergency Item Resolution Attachments: BCC Joint Meeting Sebastian Vero IRCSD.docx Hi— This item is going to be added as an emergency addition to tomorrow's meeting. Eric, can you do your accessibility magic on it to prepare it for upload? Randi, this addition will be an attorney's matters item, 13.A. Let me know if you need me to do anything else. Thank you! 174m &aw yew x1408 My email will change from tcournoyer@ircpov.com to tcournoyer@indianriver.gov; please add to your contacts and allow this new domain through your spam filter. From: Bill Debraal Sent: Monday, September 11, 2023 4:25 PM To: Tina Cournoyer <tournoyer@indianriver.gov> Subject: Emergency Item Resolution It is attached. THANKS!!! Bill DeBraal County Attorney 772-226-1426 Please note that my email will be changing to bdebraal@indianriver.gov starting mid- September 2023. Please update your records accordingly. --Warning-- This email was sent to you by someone outside of the Clerk's Office. Beware that any link or attachment that you open may cause harm to the organization and should be handled with extreme caution. --Warning-- 1 i3hi RESOLUTION 2023 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY TO PARTICIPATE IN A JOINT MEETING WITH THE CITY OF SEBASTIAN CITY COUNCIL, THE CITY OF VERO BEACH CITY COUNCIL AND THE SCHOOL DISTRICT OF INDIAN RIVER CO UNTY TO DISCUSS AND PLAN MATTERS OF MUTUAL INTEREST; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Board of County Commissioners for Indian River County desires to participate in a joint meeting with the City of Sebastian, the City of Vero Beach and the School District of Indian River County to discuss mutual topics of interest and legislative priorities that we share prior to the State of Florida's 2023 legislative session; and WHEREAS, Section 125.001, Florida Statutes, authorizes county boards to meet and discuss matters of mutual interest with one or more adjacent counties or municipalities; and WHEREAS, Section 125.001, Florida Statutes, further states that such meetings may be held at any appropriate public place within the jurisdiction of any participating county or municipality, and requires that due public notice be provided within the jurisdiction of all participating municipalities and counties; and WHEREAS, Section 125.001, Florida Statutes, further requires that the governing body of a county or municipality must first adopt a resolution authorizing participation in the joint meeting, NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS THAT: Section 1. The above "WHEREAS" clauses are true and correct, and hereby adopted as findings of this Board. Section 2. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint meeting with the School District of Indian River County on September 15, 2023 which will be properly noticed within the jurisdiction of all participating parties. Section 3. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint meeting with the City of Sebastian City Council on September 21, 2023 which will be properly noticed within the jurisdiction of all participating parties. 59� ,� 13A RESOLUTION 2023 Section 4. Pursuant to Section 125.001, Florida Statutes, the Board of County Commissioners is hereby authorized to participate in a joint _meeting with the City of Vero Beach on October 24, 2023 which will be properly noticed within the jurisdiction of :all participating parties. Section 5. Effective Date. This Resolution to be effective immediately upon adoption. This Resolution duly adopted this 12th day of September, 2023. The foregoing resolution was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph E. Earman Vice -Chairman Susan Adams _ Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this 12th day of September, 2023. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman ATTEST: Ryan L. Butler, Clerk Of Court and Comptroller Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal County Attorney 35Z-3 September 12, 2023 ITEM 14.C.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 6, 2023 SUBJECT: Public Record Clarification FROM: Joseph E. Flescher Commissioner, District 2 respectfully request to present accurate records. 353 The following was sent from the contact form on ircgov.com: Name Logan Geeslin Email Logan@mygeeslin.com Address 907 Seagrape Lane Phone 7724923331 Subject August 29 meeting, agenda item 14 E Message Re: August 29 meeting, Agenda Item 14E In perusing the proposed agenda of the August 29, 2023 County Commissioners meeting I noted Laura Moss's request to re-evaluate the priorities of the Children's Services Advisory Committee. (Weren't these priorities covered in Ordinance No. 2022-07?) Why would such an important topic, and annual budgetary consideration, be relegated to the end of a meeting that begins at gam, and after public comments? I am not able to attend the entire meeting, but I wanted to voice my thoughts. More Info: Form Submission Time 8/27/202310:33:42 EDT( -0400 GMT) Visitors IP 73.49.47.204 Unique ID 0e4591e40d4e0ed100e8dd617380c8e staff = dist2 355 grow From PAMCIATHOMPSON4mt hompson2@icioud.com> soft To Joseph E Flesdw Subject Commission Agenda - TU SDAY, IR11G115'!' 29,2 - 90 AM CAUTION. This message is from an external source. Please use caution when opening attachments or clicking links. Dear Commissioner Flescher, I am writing to ask that you remove discussion of CSAC from your meeting tomorrow. Given that the new CSAC Director, Cindy Emerson, has been in place for only 3 weeks, it seems a bit premature, not to mention thoughtless, for the Commissioners to interfere in CSAC decision making at this point Evaluating our community's needs and assessing the necessary fuug is the job of the CSAC subcommittee members. Please do not intervene before they've had a chance to i lete tb*'Work and mako recommendations to you. Unfortunately, no representative of Children's Services cwt W4 yaw m w. Staff mernben vagi be at a statewide event and unable to present or defend their work. Please give them the courtesy they deserve and remove CS$om your agenda tomorrow. Thank you so much. Sincerely yours, Patricia Thompson Former President John's Island Comrnult* Igom WI ]Island Creek Drive V06 Beach Fl, 32.963 W912 6839 PATR THOMPSON. 357 Ashiev Brown From: Mary Brown <nmwysb tilail,+ m Sent: Monday.. August 28, ZW 7.27 PM To: Joseph E. Resctw Subject: Board agenda CAUTION: This message is from an external source. Please use caution when opening attachmfti ft or *l pnkL Dear Mr; Flescher, I request that the discussion of CW ftMing be pns"ned wO the newly appointed director, ErnerW% can De present Funds from mult4ge sources h the best way fbr nonprofit orgahitations to mailttaln :Vvelr finln clM * i am in fun support of CW:ef forts and goals. Thank you, i The following was sett From the con d6 v com Name Judi Miller Email ludibbbs@gmaii.com Address 3225 S. Lakeview Circle, #206, Fort Pierce, FL 34949 Phone 772-528-4545 Subject Thank you! $ y g yowam ►ents regarding the ttt tia Message Just wanted to say a huge thank you g g n : X01'8 Fwm Submission Time 8129/202311:x.18 FDT(-04W r f. Visitors ip 66.176.194. Unique ID 7955f7e2c5e5374d& T2 gdW 362 AMWn { hOOK barba Homan <t►srbiirtcltx�rn� Sent Tuesday, August 29, 2023 IA6.OM T41X Joseph E Rescher subject CSK: his message is from an external so " use CatW when oper4 ttachments or clicking; I It is kXndN r f *8fing that after ON truri V"k to XIMOMMIOr COMM and a dedicated funding sur SM for CSACw, the investment In d~a 014mild9 is questioned and the std urs oittack. The notion that there should be spm "flu dit lanes" has long been proposed ate' suggestions of programs "double dlpplW ttWr fi ng. An ainal of progrvm budgets and reports clarifies this is rot the case. Backing prams Into + these ding lanes vioWd be dangerous to their stabdky. Organizations should noftlilize aN funding oppotunitles available to them and not r on one singular source. School C)isirict and Hospital tax authority only goes so far, and ttm* Autdirtg has very specified parameters. Those entities have their own boards and priorities which shots Mutely be oorferred with to open commotion and collaboraition but many of the programs t AGfunds are out of their purview. Dkersified funding Is: a key for nttr rofft organizations to matr>t t lrtplal stability, anal long-term sustalna�y. . it helps navigate uncertainties, capitalize on oppodWities, and cue making a positive impact on the, thilidren and communities served. Various streams of support signal to stakeholders that the nonprofit has a strong and refiablefinan" base. This enhances edibility and builds trust with donors, partners, and ft comtunny. RWft on a single source of funding, such as a grant, a major donor, orpub4c dollars can be ray. A n t of funding sources, as grants, donations, earned income, and fundraising, fly rumvofit to bow weather Manges In the ecaincft and cull tibnate. The! prRx .. ktrt of CSAC i stment priorities and w akMon offt �tt�y'a rMeeds is the job of tl suatnmie members. They should be empowered to do lite aap►dt they have been UAW vft and not be circumvented bemire the recommendations are ocallpl+ste. There is for the first time, foil time dedicated staff facilltatitV this profess and unfortuns%Oy, theses agenda Items were submWed during a meed where Children's Sakes staff wiN be at al statewide evert- irg from Other counties on thIsIopic. They willbe unable to give an update an the progress or what is proposed. If you have time, please attend to lv. or send a rugs to. ALL of ft oor hers about hot these topics would impact your work —4 # 1. Sincerely, Barbara Horton Development Chairman Board of Childcare Resources- Sent from my Whoto 364 Sit Wo 30, 750 AM TM Josoo C Andtir