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09/26/2023
BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, SEPTEMBER 26, 2023 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.ircgov.com COUNTY COMMISSIONERS Joseph H. Earman, District 3, Chairman John A. Titkanich, Jr., County Administrator Susan Adams, District 1, Vice Chairman William K DeBraal, County Attorney Joseph Flescher, District 2 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Randy Bryant, Ryanwood Fellowship Church 3. PLEDGE OF ALLEGIANCE Bill DeBraal, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Proclamation Honoring John H. Ankeny On His Retirement From Indian River County Board Of County Commissioners Attachments: Proclamation 5.B. Presentation of Proclamation - Recognizing September as Suicide Prevention Awareness Month Attachments: Proclamation 5.C. Proclamation Dedicating October as "Careers in Construction" Month Attachments: Proclamation September 26, 2023 Page 1 of 8 6. APPROVAL OF MINUTES 6.A. Regular Meeting of August 15, 2023 6.B. Regular Meeting of August 29, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right -Of -Way Permit No. 2021050580) - 27th Avenue - Project: Riviera Lakes Subdivision - Developer: VB 40 Development Group, LLC Attachments: Staff Report 7.B. Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right -Of -Way Permit No. 2021110701) - 66th Ave. - Project: Pillar Community Church - Developer: The Pillar Community Church, Inc. Attachments: Staff Report 7.C. Florida Public Service Commission Consummating Order No. PSC -2023 -0287 -CO -EI, Petition for approval of revisions to underground residential tariff, underground commercial differential tariff, and overhead to underground conversion tariff, by Florida Power & Light, is on file for review in the Office of the Clerk to the Board. 7.D. State of Florida Special Olympics Aquatic Championship to be held at the North County Aquatic Center and Intergenerational Recreation Center October 7-8, 2023 Attachments: Staff Report Special Olympics 7.E. Parks and Recreation Master Plan Kickoff Public Meeting September 27, 2023 Attachments: Staff Report 8. CONSENT AGENDA 8.A. Third Party Claims Administration Extension Agreement Attachments: Staff Report Extension Agreement 8.B. County Administrator Blanket Travel Approval Attachments: Staff Report 8.C. Award of RFP 2023060 for Continuing Environmental, Ecological, and Biological Support Services Attachments: Staff Report Agreement September 26, 2023 Page 2 of 8 8.D. Award of Bid 2023063 for Hallstrom Farmstead Habitat Enhancement & Parking Area Planting Attachments: Staff Report 8.E. Health Department Contract 2023-2024 Attachments: Staff Report Cover Letter CY 2023-2024 Core Contract CY 2023-2024 8.F. Authorization to Increase Blanket Purchase Orders Attachments: Staff Report 8.G. Award of Bid 2024003 for Central (Gifford) WWTF Generator and ATS Replacement Attachments: Staff Report Agreement 8.H. First Amendment to Agreement for 2024 EAR and MPP Update Attachments: Staff Report First Amendment 8.I. Award of RFP 2023064 for Ecological Services in Support of the Environmental Land Acquisition Bond Process Attachments: Staff Report Agreement 8.J. Authorization to Initiate the Consultant Selection Process for an Impact Fee Study Update Attachments: Staff Report Scope of Services 8.K. Tanner Joseph Willing and Briana J. Simmons' Request for Affidavit of Exemption (AOE) Approval with Dedications to the County for the Fadden AOE [AOE-21-02-01 / 2001020049-88470] Attachments: Staff Report Location Map AOE Layout 8.L. Authorization to Initiate the Consultant Selection Process for an Urban Service Boundary Study Attachments: Staff Report September 26, 2023 Page 3 of 8 8.M. Acceptance of a Florida Department of Environmental Protection (FDEP) Grant to Update the County's Vulnerability Assessment Study Attachments: Staff Report Letter of Support Standard Grant Agreement 8.N. Work Order Number 25, Amendment No. 3 - Continuing Engineering Services RFQ 2018008 - Renewal and Amendment No. 1 Hobart Park Restroom Connections and Utility Service Plans Revisions Attachments: Staff Report Amendment 3 Cost Breakdown 8.0. Work Order Number 2, Amendment No. 2 - Continuing Engineering Services RFQ 2018008 - Renewal and Amendment No 1. Fran B. Adams North County Regional Park (Playground and Soccer Complex Area) Attachments: Staff Report Amendment to Work Order Tabulation S.P. Work Order Number 26, Amendment No. 3 - Continuing Engineering Services RFQ 2018008- Renewal and Amendment No. 1 Hosie Schumann Renovations, Restroom Connections and Utility Service Plans Attachments: Staff Report Amendment 3 Cost Breakdown 8.Q. Kiwanis Hobart Park Adopt -A -Park by the Treasure Coast Disc Golf Club Attachments: Staff Report Adopt -A -Park Agreement Adopt -A -Park Program Reference Manual 8.R. Approval of Renewal of the Public Safety Communications System FX Software Services Agreement Attachments: Staff Report FX Software Quote 2023-2024 September 26, 2023 Page 4 of 8 8.S. Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. Attachments: Staff Report Master Service Agreement Maintenance Cost Summary CPI Calculation Letter Instructions for Consumer Price Index, Southern Urban 8.T. Approval of Grant Agreement Authorization Attachments: Staff Report Additional Terms and Conditions 8.U. Osprey Marsh 27th Avenue Canal Intake Station Pump Replacement Attachments: Staff Report IRC Pump Replacement Quote 8.V. Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2024 Attachments: Staff Report Resolution Exhibit A to Resolution 8.W. Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Attachments: Staff Report Resolution 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Indian River Sheriff Eric Flowers re: FY 23 Offender Fees Attachments: Sheriffs Memo Offender Fees 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Request from HCA Florida Lawnwood Hospital for a Class "B" Certificate of Public Convenience and Necessity to Provide BLS/ALS Non -Emergency Ambulance Inter -Facility Transport Originating within Indian River County Attachments: Staff Report COPCN Lawnwood App September 26, 2023 Page 5 of 8 10.A.2. Consideration of Staff -Initiated Land Development Regulation (LDR) Amendments for Increased Size Allowances for Accessory Structures on Large Single -Family Parcels [Legislative] Attachments: Staff Report Draft Ordinance B. PUBLIC DISCUSSION ITEMS 10.11.1 Public Discussion Request from M. Finchman re: Sector 7 Easement Attachments: Public Discussion Request Finchman C. PUBLIC NOTICE ITEMS 10.C.1. Public Notice of Public Hearing for October 17, 2023, to Consider an Ordinance Amending Code Section 102.04 - Order of Business Agenda for County Commission Meetings Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS I.I.A. 2024 Legislative Priorities Attachments: Staff Report Legislative Priorities (20230922) 11.11. Proposed 2024 Meeting Dates for the Indian River County Board of County Commissioners Attachments: Staff Report 2024 Calendar 12. DEPARTMENTAL MATTERS A. Community Development B. Emergency Services C. General Services D. Human Resources E. Information Technology F. Office of Management and Budget G. Public Works 12.G.1. Indian River County Lagoon Management Plan Attachments: Staff Report H. Utilities Services 13. COUNTY ATTORNEY MATTERS September 26, 2023 Page 6 of 8 14. COMMISSIONERS MATTERS A. Commissioner Joseph H. Earman, Chairman B. Commissioner Susan Adams, Vice Chairman C. Commissioner Joseph E. Flescher D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 15.A.1. Approval of the Emergency Services District Meeting Minutes of June 06, 2023 15.A.2. Approval of Public Medical Transportation Letter of Agreement between Indian River County Emergency Services District and the Agency for Health Care Administration (Year Four) Attachments: Staff Report Letter of Agreement Intergovernmental Transfers Questionnaire 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.ircgov.com The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. September 26, 2023 Page 7 of 8 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 26, 2023 Page 8 of 8 Proclamation HONORING JOHN H. ANKENY ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS -Whereas, John Ankeny retired from Indian River County Public Works Traffic Engineering Division effective September 30, 2023; and -Whereas, John Ankeny began his career with Indian River County on October 1, 1985, as a Signal Technician // for 10 years. In 1995, John was promoted to Traffic Manager for 5 years. In 2000, John was promoted to Signal Coordinator and remained in that position for 23 years until his retirement. It is pertinent to highlight, in 1985 there was no communication or coordination between signals. The County maintained approximately 50 traffic devices. The County began maintaining the signals within the City of Vero Beach in the early 1990's. To date, the County maintains 231 traffic devices with 164 full traffic signals and 98% of signalized intersections with communication monitored by a state-of-the-art Traffic Management Center. John directly assisted the County Traffic Engineers and Public Works Directors with these upgrades. -Whereas, John Ankeny has served this County and Public with distinction and selflessness, providing citizens with valuable information and help they were seeking during his 38 -year career at the Indian River County Public Works Traffic Engineering; his work was appreciated by his employer, citizens, and co-workers alike; and Wow, 71herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that the Board applauds John H. Ankeny's efforts on behalf of the County, and wishes to express their appreciation for the dedicated service he has given to Indian River County; and Be It Further Proclaimed that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 26t" Day of September 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph H. Earman, Chairman PROCLAMAT-TON DESIGNATING SEPTEMBER 2023 AS NATIONAL SUICIDE PREVENTION AWARENESS MONTH -Whereas, September is National Suicide Prevention Awareness Month, which directs the community's attention to this public health epidemic which destroys lives, whole families, and sometimes entire communities; and -Whereas, suicide rates on the Treasure Coast and in Okeechobee have increased significantly in recent years according to our Medical Examiner's Office, with 146 suicide deaths in 2022; and -Whereas, in 2021 there were nearly two times as many suicides (48,183) in the United States as there were homicides (26,031), and for every death by suicide, there were 35 attempts; and -Whereas, according to Florida Health Charts, in 2021 the age-adjusted rate per 100,000 population of suicide deaths in Indian River County was 19.8 compared to Florida at 13.8; and -Whereas, suicide is the second leading cause of death for ages 10-34, the fifth leading cause for ages 35-54, and is a major contributor to premature mortality; and -Whereas, suicide is the only type of death that is 100% preventable, and by offering the public education, data, support, and services, we as a community have taken a step toward preventing another suicide by our residents; and -Whereas, we are honored to be part of the healing process, raising awareness for, and support of those affected by suicide by offering supporting services which address mental health illnesses, and drug and alcohol addiction. Notiv, Therefore, be it ProcCaimed by the Board of County Commissioners, of Indian River County, FCorida, that September 2023, be designated as NationaC Suicide Prevention Awareness -M nth in the County of Indian River, Florida and the Board asks all residents to learn how they may help, because suicide prevention is everyone's business. Adopted this 26th 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 Pro clamation DEDICATING OCTOBER AS "CAREERS IN CONSTRUCTION" MONTH -Whereas, Careers in Construction Month is an annual event designated to increase public awareness and appreciation of construction craft professionals and the entire construction workforce; -Whereas, during this month, employers, trade associations, schools and other training facilities are encouraged to conduct job fairs, panel discussions and local community events to inform students and young adults of the vast employment opportunities in the trades; Whereas, the Treasure Coast Builders Association, the Skilled Trades Committee, among other entities have established Student Memberships, Mentoring Programs, Ready to Work Boot Camps, Job Fairs, and Scholarships to increase awareness of these career opportunities and to support all programs that provide the educational pathways to obtain them; and -Whereas, the Board of County Commissioners commends and supports this important cause and the organizations involved. Wow, 'herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board of County Commissioners of Indian River County, Florida, that October 2023 shall be known, designated, and set aside as Careers in Construction Month in Indian River County, Florida, and the Board urges all citizens to join in recognizing the value of construction craft professionals and the critical role they play in the development of our economy. Adopted this day of 26 September, 2023. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph Earman, Chairman Susan Adams, Vice Chairman Joseph E. Flescher Deryl Loar Laura Moss William K DeBraA County Attorney Susan J. Prado, Deputy County Attorney AGENDA: 9/26/2023 INFORMATIONAL ITEM Ofce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH John A. Titkanich, Jr. — County Administrator FROM: William K. DeBraal — County Attorney DATE: September 7, 2023 SUBJECT: Notice of Extension to Contract for Construction of Required Roadway Improvements (Re: Right -Of -Way Permit No. 2021050580) - 27th Avenue Project: Riviera Lakes Subdivision Developer: VB 40 Development Group, LLC 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 VB 40 Development Group, LLC and Indian River County, whereby the date for completion of the roadway improvements to 27th Ave within County right-of-way relating to the Riviera Lakes Subdivision project has been extended to September 30, 2024. Additionally, the supporting security consisting of Cash in the amount of $159,219.80 has been amended to extend the expiration date to September 30, 2024. 7� 4 William K DeBraaL County Attorney Susan J. Prado, Deputy County Attorney AGENDA: 9/26/2023 INFORMATIONAL ITEM Oce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH John A. Titkanich, Jr. — County Administrator 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. 2021110701) — 66th Ave. Project: Pillar Community Church Developer: The Pillar Community Church, Inc. 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 The Pillar Community Church, Inc. and Indian River County, whereby the date for completion of the roadway improvements to 66th Avenue Ave within County right-of-way relating to the Pillar Community Church project has been extended to September 30, 2024. Additionally, the supporting security consisting of a Shelby County State Bank Irrevocable Letter of Credit No. VB -12 in the amount of $182,264.69 has been amended to extend the expiration date to December 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.) 7e 5 BY THE COMMISSION By Order No. PSC -2023 -0253 -TRF -Fl, ' AUSW 21, 2023* ft gni i proposed to take certsin sCdm to a Pedlion for VQ1" nal Proceedins as provided in Rule' 2542.029jloridaAdmWlsWWve Cade. No response s bew filed to dw, mimgmd' o the above mentioned dock. It is, therefore, r77 I TWT — }a h $' M 1 s: a• r 7 e. r 1115 5 s ♦ ic : ; {N ' a T7 wsW L_Wtj a 0 16 i;�jtuaJLWJ=m Coon fin d: A copy of this document is provkle i to tie parties of record at the tom` of ismxme " std, Wapplicable, interested persons, MON 5-I ORDER NO. PSC -2023 -0287 -CO -EI DOCKET NO. 20230045 -EI PAGE 2 NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW The Florida Public Service Commission is required by Section 120.569(1), Florida Statutes, to notify parties of any judicial review of Commission orders that is available pursuant to Section 120.68, Florida Statutes, as well as the procedures and time limits that apply. This notice should not be construed to mean all requests for judicial review will be granted or result in the relief sought. Any party adversely affected by the Commission's final action in this matter may request judicial review by the Florida Supreme Court in the case of an electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or wastewater utility by filing a notice of appeal with the Office of Commission Clerk and filing a copy of the notice of appeal and the filing fee with the appropriate court. This filing must be completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule 9.900(a), Florida Rules of Appellate Procedure. 6-Z /0 V � � I 1i i INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Assistant County Administrator / Department of General Services Parks and Recreation Date: September 18, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director/Parks & Recreation Director From: David Smith, Aquatics Manager Subject: State of Florida Special Olympics Aquatic Championship to be held at the North County Aquatic Center and Intergenerational Recreation Center October 7-8, 2023 Special Olympics is a global organization and is the largest sports organization that serves athletes with intellectual disabilities. There are more than 4.9 million athletes in 172 countries and over one million volunteers. The mission of the Special Olympics is to provide year-round sports training and athletic competition in a variety of Olympic type sports for children and adults with intellectual disabilities. The Special Olympics mission remains as vital today as it did when the movement was founded in 1968. The State of Florida Special Olympics Aquatic Championships will be held starring at 8:00 am on October 7-8, 2023, at the North County Aquatic Center in Sebastian for the 18' year. The Opening Ceremony will take place on October 7, 2023, at the Intergenerational Recreation Center in Vero Beach starting at 8:00 pm. This year's event will highlight 428 swimmers representing 39 Florida counties, 120 coaches, family members and volunteers. Volunteers from throughout Indian River County contribute their time, energy, and efforts to this worthwhile cause and have the opportunity to work with exceptional athletes from throughout the State. Anyone interested in volunteering for this event may contact the North County Aquatic Center (772) 226-1746 or sign up at https://cerv.is/0197x2537. There are positions open in timing, staging, awards, and ushers. The Parks and Recreation Division encourages the community to attend the 18' Annual Florida Special Olympics Aquatic Championship in support of our visiting athletes. 6 T mational Itemeeting 09-26-2023 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM General Services Department/ Parks & Recreation Division Date: September 15, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator From: Beth Powell, Interim General Services Director / Parks & Recreation Director Subject: Parks and Recreation Master Plan Kickoff Public Meeting September 27, 2023 The Indian River County Board of County Commissioners encourages all citizens to participate in planning future expanded recreational opportunities. County residents are invited to attend a public meeting to kick off the Parks and Recreation Master Planning process. The kickoff meeting will be held on Wednesday, September 27 at 7:00 pm, at the Intergenerational Recreation Center, located at 1590 9ffi St. SW, Vero Beach, FL, 32962. There will also be a Zoom option for remote attendance. Zoom information can be found on the County's website at IndianRiver.gov. The County will engage a nationally recognized parks, recreation and sports consulting firm, PROS Consulting Inc., to lead the planning process in collaboration with Perez Planning + Design, Chen Moore and Associates, and key county staff. The assessment and action plan are expected to be complete by September 2024. The County plans to keep citizens informed through a crowdsourcing platform, a one-stop shop for all information related to the project including meeting details, technical reports and relevant contact info. In addition to public meetings, and the crowdsourcing platform, the Consulting Team will be mailing a statistically valid survey to households throughout the County. The team will also be conducting interviews, creating focus groups at a future meeting, and they will assess program and facility needs and review future demographic data, trends and usage statistics. 7 CONSENT AGENDA Indian River County Interoffice Memorandum Office of Management and Budget To: Members of the Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Kristin Daniels, Office of Management & Budget Director Date: September 26, 2023 From: Cynthia Stanton, Risk Manager Subject: Third Party Claims Administration Agreement with Johns Eastern Co. Funding Allocation for Fiscal Year 2023/24 Description and Conditions The County's self-insurance program relies upon the services of a third -party claims administrator to analyze and process workers' compensation and third -party liability claims made against the County in accordance with State and Federal guidelines. Since February 2005 Johns Eastern Company, Inc. (JEC), a leading firm in their industry, has consistently provided outstanding services and their longevity with the County brings both stability and historic knowledge to the County's self-insurance program. The current agreement began on October 1, 2019 and expired on September 30, 2022. On October 1, 2022, the agreement was extended for the first of two (2) optional additional single year terms. The proposed second, and final, extension agreement will continue with prior terms and conditions and includes a five (5) percent cost increase of $11,941 for a total annual cost of $250,752 for Fiscal Year 2023/2024 and expiring on September 30, 2024. This is the last extension provided under the October 1, 2019 agreement which provides a detailed scope of services and performance standards. Funding Funding for claims administration services, in the amount of $250,752 for Fiscal Year 2023/2024, is provided by the Self Insurance Fund/Risk Management/Other Professional Services account, number 50224613-033190. Account Description Account Number Amount Self Insurance Fund/Risk Management/Other Professional Services I 50224613-033190 $250,752 Recommendation Staff recommends the Board authorize the Chair to execute the extension agreement after review and approval by the County Attorney's Office with an annual renewal cost of $250,752. Attachment JEC Extension Agreement FY24 SECOND EXTENSION AND AMENDMENT TO AGREEMENT FOR THIRD PARTY ADMINISTRATION SERIVCES FOR THE SELF FUNDED WORKERS' COMPENSATION AND LIABILITY PROGRAM This Second Extension and Amendment to that certain Agreement to provide third party administration services for the self-funded workers' compensation and liability program is entered into effective as of October 1, 2023 by and between Indian River County, a political subdivision of the State of Florida ("County") and Johns Eastern Company, Inc. ("Administrator"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for third party administration services for the self-funded workers' compensation and liability program effective October 1, 2019 through September 30, 2022; and WHEREAS, Article 2 of the Agreement contains the term and renewal provisions; and WHEREAS, the first extended term commenced effective as of October 1, 2022 and ended on September 30, 2023; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for a Second one- year period with an annual fee of $250,752; and WHEREAS, Article 4 of the Agreement provides General Conditions; and WHEREAS, the parties desire to add E -Verify requirements to Article 4; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension and Amendment. 2. The Second renewal extension term shall commence effective October 1, 2023 and shall end on September 30, 2024. This is the final one-year renewal extensions available on the contract. 3. Paragraph 4.25 is added as follows: Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and utilization for all subcontractors. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 9 IN WITNESS WHEREOF, the parties have caused this Second Extension and Amendment to be executed effective the day and year first set forth above. Johns Eastern Company, Inc. INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Joseph Earman, Chairman Title: (Corporate Seal) Date: Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: William DeBraal County Attorney 10 John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator F18 Consent 9.26.2023 Office of the INDIAN RIVER COUNTY ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., County Administrator DATE: Sept 7, 2023 SUBJECT: County Administrator Blanket Travel Approval Background & Discussion As County Administrator, my participation in the following organizations is pivotal to our County's success: Florida City and County Management Association (FCCMA), International City/County Management Association (ICMA), and Florida Association of County Managers (FACM). Additionally, as an ICMA Credentialed Manager I am required to complete at least 40 hours of professional development annually. Funding Membership fees for FCCMA and ICMA and FACM would be paid out of account number 00120112- 035420 (General Fund/County Administrator/Dues-Memberships). Costs to attend conferences would be paid out of account numbers 00120112-035430 (General Fund/County Administrator/ Tuition/Registration Fee) and 00120112-034020 (General Fund/County Administrator/All Travel). These costs have been accounted for in the 2023/24 budget projection. Staff Recommendation Approve payment for County Administrator's membership, registration, and travel for attendance at events for FCCMA, ICMA and FACM. 11 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 6, 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 RFP 2023060 for Continuing Environmental, Ecological, and Biological Support Services BACKGROUND: On behalf of the Public Works Department, a Request for Proposals ("RFP") was issued for Continuing Environmental, Ecological, and Biological Support Services, as the final term of the agreement with our current providers, Ecological Associates, Inc., Environmental Science Associates, G.K. Environmental, Inc., and Kimley-Horn Associates, Inc. ends on October 10, 2023. The term of award is two years, with two, two-year renewals available. nicri iccinN- A selection committee comprised of Eric Charest, Natural Resources Manager, Wendy Swindell, Conservation Lands Manager, and Erik Ferguson, County Engineer, independently reviewed and scored the received proposals. The committee then met to compile an initial ranking of firms. After discussions, the committee determined no interviews were necessary, and declared the ranking final. FUNDING: Funding for work performed under the agreements will vary, based on project and department. 12 Firm 1. The Transit Group, Inc. dba Ecological Associates, Inc. 2. Kimley-Horn and Associates, Inc. 3. Applied Ecology, Inc. 4. G.K. Environmental, Inc. 5. Environmental Science Associates 6. Environmental Consulting & Technology, Inc. FUNDING: Funding for work performed under the agreements will vary, based on project and department. 12 RECOMMENDATION: Staff recommends the Board approve the final ranking of firms, award the RFP to all six firms, approve the sample agreement and proposed rates, and authorize the Chairman to execute them, after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT Sample Agreement and Proposed Rates 13 CONTINUING CONTRACT AGREEMENT FOR CONSULTING ENVIRONMENTAL, ECOLOGICAL, AND BIOLOGICAL SUPPORT SERVICES THIS AGREEMENT, entered into this _day of . 2023, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and hereinafter referred to as the "CONSULTANT". BACKGROUND RECITALS: COUNTY selected CONSULTANT to provide professional consulting engineering services ("Services"), based on statement of qualifications received in response to Request for Proposals 2023o6o. That the COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional consulting engineering services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The CONSULTANT shall provide the COUNTY with consulting and support services and such other related services as defined in specific Work Orders. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL 1.1 Professional services shall be identified in individual Work Orders prepared by the COUNTY. Work Orders will be executed by the Board of County Commissioners, County Administrator, or the Purchasing Manager, as authorized. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Work Order which would increase or decrease cost, or which are otherwise outside the scope of Services or level of effort contemplated by the Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY, as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A 2023o6o Agreement - 1 14 separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. i.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit i, attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the term of the Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUN'T'Y. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 202306o Agreement - 2 15 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub-consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete each Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, religion, sex, sexual orientation, gender identity, national origin, physical disability, or age; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub-consultants to comply by contract with the provisions of this section. 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, and 2023o6o Agreement - 3 16 communication. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement or Work Order to the County Project Manager upon request, and hold all reports, drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, and upon final payment all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of reports or documents for which the CONSULTANT has provided services, and the CONSULTANT will make corrections and prepare any necessary revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and reports, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. 202306o Agreement - 4 17 3.17 CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining an affidavit from all subcontractors and subconsultants, as required in Section 448.095(5)(b), F.S., stating the subcontractor/subconsultant does not employ, contract with, or subcontract with an unauthorized alien. 3.18 The CONSULTANT shall not be held liable for any modifications made to the documents by others. 4. TERM; DURATION OF AGREEMENT This Agreement shall become effective on October 11, 2023, and remain in full force and effect for a period of two (2) years after the effective date, or until completion of all project phases as defined by the COUNTY, whichever occurs later, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 9 "Termination", This Agreement may be extended for two additional two (2) year terms, at the discretion of the County. 5. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum, per unit, or maximum amount not -to -exceed fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.o61, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall 2023o6o Agreement - 5 18 specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. OWNERSHIP AND REUSE OF DOCUMENTS 7.1 Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. 7.2 Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse by others. 8. INSURANCE AND INDEMNIFICATION 8.1 During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. 8.2 CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. The cost of such insurance shall be included in the CONSULTANT's fees. 8.3 Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $1oo,000 each accident, $500,000 disease policy limit, and $1oo,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a $1,000,000 per claim/annual aggregate. This insurance shall extend 2023o6o Agreement - 6 19 coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 8.4 CONSULTANT's insurance coverage shall be primary. 8.5 All above insurance policies shall be placed with insurers with a Best's rating of no less that A-VII. The insurer chosen shall also be licensed to do business in Florida. 8.6 The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims-made basis. 8.7 The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 8.8 CONSULTANT shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 3o days notice to the Risk Management Department, of cancellation and/or nonrenewal. 8.9 The CONSULTANT shall ensure all subconsultants to maintain the insurance as detailed herein. 8.10 Any deductibles or self-insured retentions greater than $1oo,000 must be approved by the Risk Manager for Indian River County, with the ultimate responsibility for same going to the CONSULTANT. 8.11 The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract. 9. TERMINATION 9.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (3o) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 9.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 9.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 9.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 2023o6o Agreement - 7 20 9.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents first prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 9.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 9.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9.8 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9.9 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 10. MISCELLANEOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power 202306o Agreement - 8 21 or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 10.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 10.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 10.10 Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.11 Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records required by the County to perform the service. If 202306o Agreement - 9 22 the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(&ircgov.com Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. ii. FEDERAL CLAUSES For any work requested that will be paid for in part or whole by federal funds, the following terms will apply: A. Contract Work Hours and Safety Standards: (i) The CONSULTANT or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the CONSULTANT or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the CONSULTANT or subcontractor will permit such representatives to interview employees during working hours on the job. B. Suspension and Debarment: (i) This contract is a covered transaction for purposes of 2 C.F.R. pt. i8o and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935)• (2) The CONSULTANT must comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the CONSULTANT did not comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal 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. 18o, 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 2023o6o Agreement - io 23 lower tier covered transactions. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired—(i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. (3) The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit CONSULTANTS from providing— (i) A service that connects to the facilities of a third -parry, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered 202306o Agreement - ii 24 telecommunications equipment or services. (d) Reporting requirement. (i) In the event the CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.(2) The CONSULTANT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the CONSULTANT shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. G.Access to Records: The following access to records requirements apply to this contract: (1) The CONSULTANT agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to documents pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the CONSULTANT acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H.DHS Seal, Logo, and Flags: The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The CONSULTANT shall include this provision in any subcontracts. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The CONSULTANT will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. 202306o Agreement - 12 25 J. No Obligation by Federal Government: The Federal Government is not a parry to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. Affirmative Steps: If subcontracts are to be let, the prime CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(i)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. M. License and Delivery of Works Subject to Copyright and Data Rights: The CONSULTANT grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONSULTANT will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the CONSULTANT will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: By Name Title Date Witness: By Printed Name INDIAN RIVER COUNTY By its Board of County Commissioners By Joseph H. Earman, Chairman Date Approved by BCC: Attest: Ryan L. Butler, Clerk of Court And Comptroller By Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 202306o Agreement - 13 26 Exhibit 1 —Standard Rates 2023o6o Agreement -14 27 Exhibit 1 - Standard Rates PROPOSED PRICING AND RATES VA As a prime and subcontractor to many local municipalities in the area, AEI is requested to create cost proposals for a variety of projects ranging from wetland assessments, water quality testing, policy review, sample plan development, watershed modeling, to full-scale GIS system implementation and management. Due to our range of services and specialties, many of our projects are custom, and standard prices are difficult to provide. Our fully burdened rates which include labor, direct, and indirect overhead, margins, and profit for the team member roles anticipated to work on this project are included Table 6-1. A list of pricing for services we regularly perform is provided in the Table 6-2. TABLE 6-1. FULLY BURDENED RATES FOR AEI STAFF MEMBERS WHO HAVE THE POTENTIAL TO WORK ON THE PROPOSED INDIAN RIVER COUNTY CONTRACT. Senior Project Manager $181.80 Scientist $153.83 _Principal Principal Engineer $169.94 Principal Geologist $147.11 Senior Scientist $123.37 Senior Engineer $142.75 Environmental Scientist III $101.03 Environmental Scientist II $79.57 Environmental Scientist 1 $71.54 Staff Engineer $115.62 Junior Engineer $82.41 Senior GIS Analyst/Programmer $140.60 GIS Analyst $94.17 GIS Technician $59.33 Lead Environmental Technician $66.15 Jr Environmental Technician $57.67 Senior Administrative Assistant $65.70 APPLIED I FC010GY4. CONTINUING ENVIRONMENTAL, ECOLOGICAL, AND BIOLOGICAL SUPPORT SERVICES (RFP 2023060) PROPOSED PRICING AND RATES TABLE 6-2. AEI PROFESSIONAL SERVICES PRICING COST MATRIX. Office Activities File Review (low complexity) _ Best Management Plans (BMP) Miscellaneous Office Support Field Activrtiet� Mobilization (<60 miles) Site Visit (Site Reconnafssance/Fleld Measuri. per site $645.75 per hour $142.75 per hour - $69.19 per site $411.13 ants) - low risk 1 -staff per hour $118.39 per hour $134.53 SPCCP Inspection - low complexity no reporting included p P t!► ( p 9 ) - Per site $794.86: Structural Inspection per hour $242.16 Stormwater Inspection - per hour $106.86 As -Built Drawing Review per hour . $161.44 Miscellaneous Field Ins ection --P - - ---- Drilling and Well Install Hand Auger Boring <10 feet g g ( ) per hour per location $106.86 $198.73 Temporary Monitoring Well Install (1 -Inch diameter)* perfoot $26.14 Direct Push Monitoring Well Install (24nch diameter)* per foot $50.90 Hollow Stem Auger Monitoring Well Install (2 inch diameter)* per foot $57.36 Sonic Rig Monitoring Well. Install* per:foot $61:47 Well'Redevelopment* per well $269.06 Well Abandonment (2 -inch diameter)* per foot $19.37 - Well Installatlon Permit .. per well $80.00 Well Abandonment Permit per well $50.00 *Excludes mobilization and per them fees Sample Collection and Field Testipgwmm Surface Soil Sample Collection .... per sample.: $84..5.8 Groundwater Sample Collection per sample $288.34 Surface Water Sample Collection per sample.. $68.43 Water Level or Free Product Gauging ng Per location $50.23 Phase II Environmental Site Assessment Report Laboratory Analysis Matrix - Analyte Soil -Total Nitrogen as TN, Calc Analytical Method Calculation. per hour per sample $134.53 $6.16 Soil - Nitrate + Nitrite, NOX Combined 4500NO3F per sample $19.25 Soil.- Total K eldahl Nitrogen, TKN I g 351.2 per sample. $22.33 Soil ,- Ammonia Nitrogen, NH3 350.1 per sample $20.02 Sell - Total Phosphorous as TP . 365A$22.33 Soil - Ortho Phosphate9056 -. per sample .::. $23:10: Soil - BTEX & MTBE 5035/8260 per sample $64.90 SMI - VOHs 5035/8260 persample $71.50 Soil -Palls 8270 SIM - per sample :.. .. $88;00 PROPOSED PRICING AND RATES A Matrix - Analyte -Soil - 8 RCRA Metals Analytical Method 6010 or 6020 & 7.471 per sample _-A $82.50 Soil . TRPH FL. PRO per sample $60,50: Soil - TCLP 1311 Extractibn Only per sample $52.80 Soil - SPLP 1312 Wraction Only per sample $52-80 Soil -Chromium 6010 or 6020 per sample $20.90 Soil =Lead 60.10 or 6020 per sample $20.90 Sell - % solids for Dry Weight Corrected Data Approved . per sample $3.85 Water- Total Nitrogen as TN, Calc Calculation per sample $6.16 Water- Nitrate + Nitrite, NOX Combined 300.0 per sample $17.71 Water -Total Kjeldahl Nitrogen, TKN 351.2 per sample $20.02 Water -Ammonia Nitrogen, NH3 350.1 per sample :$20.02 Water - Total Phosphorous as TP 365.3 ..... per sample ..$22.33 Water - Ortho Phosphate 300.0 per sample $17.71 Water - Gasoline/Kerosene Analytical Group as VOA & VOH, EBB, Pb, PAH, Fl PRO Water - Used Oil Group as RCRA 4, VOC's w/ TIC, SVOC w/ TIC, PAH's, PCB's, TRPH as Fl PRO Water - BTEX & MTBE Multiple Multiple 8260 per sample per sample per sample $308.00 $599.50 $52.80 -Water - VOHs -Water - PMs 8260 8270 SIM per sample per sample $64.90 $88.00 -Water - TRPH FL. PRO per sample $60:50 Water - 8 RCRA Metals 60.10,.or 6020 & 7470 per sample - Safe Responsible Waste Management Fee Not applicable. per sample $5.50 CONTINUING ENVIRONMENTAL, ECOLOGICAL, AND BIOLOGICAL 111w/_j SUPPORT SERVICES (RFP 2023060) a. Exhibit 1 - Standard Rates K e �a — a Photoco 0.1.5 C ies) 777,7,77 B&W Copy.- 11 x 17 020 Each CfiA° �w = Company Vehicle - X da X 75.00 Half-da777y Water Level Indicator 300.00 Month(s) ISCO Rain Gauge 100 00 Month(s) � Ctixh a "q.,� ,N M'•�+:y"ua �_ y Y"k a�>� ray �. ISCO - Storm Water S em 730.00 Month z ,mow Kit- Soil Assessment 150.00 Da s) Kit - Groundwater Samplin 100.00 Each 5 RIYe`sWC Bell Jar Sampler 12.00 Day(s) Per Diem 125.00 Da s) Y51 Multiprobe 5 rykem 100.00 D S. 's,$ Chloride Analysis Water 20.00 Each ~ Tolls :1.00 Dollar/Cents fil � Asbestos Mont E ui /Slide 20:00 Each Van Dom Sam ler :50-00 Da s) 7-7 MUM. ^'`R "F `� GPS - Trimble 6000 Series 7 Burrow Camera 75.00 Da s) Exhibit 1 - Standard Rates SECTION S Proposed Pricing and Rates Environmental Science Associates' Schedule of Rate Values below, as the Prime consultant. These rates were recently approved by Indian River County in My 2023, on our executed contract for Continuing Consulting Engineering Services (RFP# 2023015). We understand these rates shall not be adjusted through the initial two- year contract term. The schedule of Rate Values for our teaming partners, GHD and Jupiter Environmental Laboratories, follows on the subsequent pages. ESA Labor Category ESA Burdened Rate (2023) Vice President $328 Principal Associate $295 Managing Associate $265 Senior Engineer 3 $250 Senior Engineer 2 $228 Senior Engineer 1 $199 Senior Scientist 3 $247 Senior Scientist 2 $191 Senior Scientist 1 $161 Engineer 3 $177 Engineer 2 $153 Engineer 1 $135 Environmental Scientist 3 $139 Environmental Scientist 2 $116 Environmental Scientist 1 $100 Engineer Technician $114 Environmental Technician $76 Geospatial Manager $201 Senior GIS Analyst $167 GIS Analyst $129 Administrative $104 Intern $68 Additional payment for equipment and/or laboratory test fees will be determined on a per work assignment basis. Continuing Environmental, Ecological, and Biological Support Services Environmental Science AssIocietes1 esessoc.com Indian River County, FL I RFP No. 20230601 August 3, 2023 33 Exhlb t 1 Ste r >w yth V ; 1 T 'u GEM .. ' N. .. .. 'A Schedule Mf♦ I •+•�i!!••.araa . aif a!I.i. Va'fr.••.rw.'. .aQ+{(/ e♦�IMp�y.Y ^ Y a�p 'L'} �Vf.;a ww'N .r Miaasrtar.rftwir• .'rf.••wf••wra•syfw...rrnw � �v�l r� � "'i�' " "'. t4 /"Eb s.xyy �•Plaml �y�Q a al! hazard**iote vH0440,.., .. ... .. app ...... s .. t puMD b/w . i. t ff■a�Yp;� 13(R'i�wf.aiNrwa...a:ss••r•y:•..r ra=YrS •-fr:♦=! •.ea..:.fr.f•ar'•:. etr a.wf.•.a....rJ'.f •♦ra riart ��yy��� .. ....:�.�g�sYi, .., � : .,. ,.exp.. �y�..� VVS1W� Go TbtW 1W-Si s .f+st.w � '.wf+iW 1V � ' �f•'o`Au - L-dsc,J w'�1V +'►'iiYr� wv':f YY r ra'ia • ..-. •. f,s si •.aC • i..ai:• M Serlvwl . '' '�^��..aw.•a w'viy♦Nail •wit wwwatii i1T{iNs•••f+i •..• r.afYr A.vY�.i y� /�,�,,r�, . .r...ta...•i<... � ^ S- 75JOBid s ...............r • at Ir 34 Exhibit 1 - Standard Rates Kimley»>Horn Kimley-Horn and Associates, Inc. Indian River County Billing Rates Classification Rate Principal $245.00-$300.00 Senior Environmental Professional 2 $195.00-$270.00 Senior Environmental Professional 1 $145.00-$210.00 Environmental Professional 2 $130.00-$160.00 Environmental Professional 1 $110.00-$140.00 Designer $120.00-$185.00 Senior Support Staff $75.00-$100.00 Support Staff $65.00-$100.00 Effective through October 10, 2025 Subject to annual adjustment thereafter Sub -Consultants will be billed per the Contract September 12, 2023 35 Exhibit 1 - Standard Rates Ecological Associates, Inc. RATE AND FEE SCHEDULE Effective Date: 2023 — 2025 (exact dates determined by contract) 1) Personnel (Hourly Rates, Inclusive of Overhead and Profit): Professional Title Rate Principal (President/Scientific Director) $185.00 Project Manager $150.00 Senior Scientist II $140.00 Senior Scientist I/Gopher Tortoise Specialist $130.00 Biologist II $120.00 Biologist 1 $90.00 Lab/Field Technician $65.00 Environmental Monitor $55.00 Associate Scientist (Specialist) $150.00 Scientific Diver $195.00 2) Equipment Usage Fees: Boat Fees: 16-20ft EAI vessel - $445/day (operations exclusive of crew) 21-25ft EAI vessel - $715/day (operations exclusive of crew) Leased Vessel - Cost plus $160/day (insurance coverage and operations) Kayak - $55/day (exclusive of crew) Diving Operations (gear, safety plan, and operational expenses, excluding personnel) - $160/person/day Real -Time Kinematic (RTK) GPS - $265/day Precision GPS (sub -meter accuracy) - $160/day ATV and trailer - $80/day UTV (4 -seater) and trailer - $160/day Water quality meter - $130/day Other Equipment Usage Fees — Quoted on project -specific basis 3) Travel: Mileage (Applicable GSA mileage rate) Per diem (Applicable GSA per diem rate) 4) Direct Expenses: 5) Sub -contractors: 47 Currently $0.585 per mile Cost Cost Cost Plus 10% CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 7, 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 2023063 for Hallstrom Farmstead Habitat Enhancement & Parking Area Planting BACKGROUND: The Parks and Conservation Resources Division requested the solicitation of bids for the installation of native vegetation within the parking lot and along the stabilized walking trail of the Hallstrom Farmstead Conservation Area. 3"I .44411ki-5 Advertising Date: June 27, 2023 Bid Opening Date: August 4, 2023 Broadcast to: 453 Subscribers Bid Documents Obtained by: 25 Vendors Replies: 3 Vendors Firm Location Total Bid Price Sandhill Environmental Services, LLC Arcadia, FL $31,277.99 RES Environmental Operating Company Orlando, FL $32,036.25 Crosscreek Environmental, Inc. Palmetto, FL $51,814.00 ANALYSIS: The Parks and Conservation Resources Division has reviewed the bids and made recommendation of award to Sandhill Environmental Services, LLC, as the lowest, responsive, and responsible bidder. Sandhill has recently completed the Duck Head Island Phase 1 Revegetation project and Earman Island Planting project. 37 CONSENT The bid submitted by Crosscreek Environmental provided pricing on all requested materials, however Staff cannot justify the over $20,000 price difference. Materials not provided by the low bidder will be addressed at a later time. FUNDING: Funds, in the amount of $31,277.99, are budgeted and available in the Tree Ordinance Fines Fund/Parks/Landscape Materials & Supplies/Hallstrom Farmstead account (11721072-035340- 19027). Account Description: Amount 11721072-035340- Tree Ordinance Fines Fund/Parks/Landscape $31,277.99 19027 Materials & Supplies/Hallstrom Farmstead RECOMMENDATION: Staff recommends the Board award bid 2023063 to Sandhill Environmental Services, LLC, approve the agreement, and authorize the Chairman to execute it after approval by the County Attorney as to form and legal sufficiency. Attachment Agreement 38 va CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: September 7, 2023 SUBJECT: 2023/2024 STATE/COUNTY CONTRACT INDIAN RIVER COUNTY HEALTH DEPARTMENT FROM: Kristin Daniels Director, Management & Budget DESCRIPTIONS AND CONDITIONS The Indian River County Health Department has submitted their annual contract for approval by the Board of County Commissioners. The contract, required under Chapter 154, Florida Statutes, contains the full annual operating budget, revenues and expenditure program plan for the Health Department for Fiscal Year 2023/2024. This contract provides for county funding of the Health Department. The direct contribution for Fiscal Year 2023/2024 totals $775,604, which is level funding when compared to the current fiscal year contract. In addition, the County provides maintenance and operations for Health Department facilities. This is reflected as an in-kind contribution of $987,730 for a total County contribution of $1,763,334. FUNDING Funding for the Florida Department of Health contract, in the amount of $775,604, is provided by the General Fund/General Health/State Health Department account, number 00110669- 088190. The remaining maintenance expense (in-kind contribution), in the amount of $987,730, is provided by various General Fund/Facilities Management accounts, number 00122019. Account Description Account Number Amount General Fund/General Health/State Health Department 00110669-088190 $ 775,604 General Fund/Facilities Management 00122019 -various $ 987,730 Total $1,763,334 RECOMMENDATION Staff recommends the Board approve and authorize the Chairman to execute the contract. ATTACHMENTS Health Department Contract Cover Letter Health Department Contract and Attachments 39 Ron De3*Ws Mission: Govgthor To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Joseph A. Ladapo, MD, PhD State Surgeon General - 1tTO�e"�e11Mtl�Illlill�lllt�Cr1 September 7, 2023 Mr. John Titkanich, Administrate` Indian R+nrer County Board of County Commissioners 180127* Street Vero Beach, FL 32960 RE: 2023-2024 State/Coo iontram Dear Mr. Titkanich. Please find attached (3) origirttals of the 2023-2024 State and County contract for the operations of the Indian River County Health Department for your review and formal approval by the Indian River County 'Board of Commissioners. The contract, required under F.B.154, contains the full annual operating buftst revenues and penditure program plan for our health department: The total amount of the contract including all revenue sources and in-kind sou'rms is $10,82,GXI . The county appropriation of $775,604 along with estimated building operational expenses of P$7,730 are specified fiscal responsibilities of the Indian Nvir County Board of Commissioners. The basic ependiture plan forecasts anticipated number of vents, services, and dedicated staff to each area served by the health department. As always, a quirteriy report will be forwarded to yur attention for review and a written explanation will be provided if the variance exceeds or falls below 23100 of the panned expenditure amount for the contract year. terse feel free to call me at 794-7450 if you hoe any quesbiaris. We will be available to the Ccamissiori when the contract is presented. ;33ncerely, 1 Mi . tidal C. 11W�twson, M. P. H. Health Officer Enclosures CcDemonica Connell, Offlos of Budget arc Rove nue Managemerg Florida Department of Health .. In Indian River Cotlnft 1900 27th Street, Vero Beach, fZ6tl PHONE. 772(794-7400 WEBSITE: http:tlindianriver.floiidaheafh.gov FloridaHealth.gov i - I CONTRACT BETWEEN INDIAN RIVER COUNTY BOARD: OF COUNTY COMMISMONERS AND STATE OF FILO AU NT OF HEALTH FOROPERATONOFTM INDIAN RIM CO"TY ij,.TH DEPARTMENT CONTRACT YEAR O24 This contract is made and entered into between tine State of Florida, Doartrrterit of F�Iealth r6tate"), and the Indian Fiver County Board of County Commissioners ("County`s, dough their undersigned authorities, effective October 1,: =& -State and Ca►>Er* a jointly referr9d to as the "parties". MCITA S A. Pursuant to Chapter 154, Florida Statutes, the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all gens and visitomd the state through :a system of coordinated county health department services." B. County Health Departments were .created #Woughout Florida to satisfy this legislative intent through the "pr*mot'ion of the pinks health, the control and eradic an of pitventable diseases, and the provWbn of printery .health care for special populations. C. Indian River Counity.Heaft Department CCHD") is one of,#,* createduMy Health Departments. D. It is necessary for the parties hereto to enter Into this contract to ensure coordination on between the State and the County in the operation of the CMD, NOW, THEREFORE, in considef ation of the mini penises set forth herein, the sufficiency of which Is hereby acknowledged, the parties hereto wee as follows; 1. RECITALS. The parties mutually agm the the t Moinig recitals aree t►' . -old correct and incorporated herein by reference, 2. TERM. The parties mutually agree that.thb contract shall be effective ftp Ober 1, 02% Tough September 30, 2©24, or until a written contract replacing this contract is entered into between the parties, whichever is later, ung this contract is otherwise terminated according to the termination provisions outlined In paragraph 8. below. 3. SERI/ CES MAINTAINED BY THE QHD. The parties wally agree thatIM tom? stall provide those services as outlined in Paint III of Atuwhn*M 11 hereof, to, ainta the fold three levels of service pursuant to section 15441(2), Florida: Statutes, defined below: a. "Environmental health services" are those services that are organized and operated Via= protect the health of the general public by monitoring. and regulating acyl es in the environment that may contribute bute to the occurrence ortransmisMon of disease. Eawkenmental heap services shall be supported by available federal, Oft and local funds andisW it e �I 41 those services mandated on a state or fedeeml level. ExwMles of environfriental health services include but are not limited to, fond hygene, safe drip f Og water supply, sewage, and Solid waste disposal, swimming pools, group a facilitiesmigrant labor. os tps, toxic material control, radiological health, and occupational tom. b. "Communicable disease control services" are those services. that protect the health of the general public through the deteckm, 9prrU0. and eradication of 1 diseases that are transmitted primarily by hum, an beings. Corr municable disease services shall be supported by available federal, state, and local funds and shall Include those services mandated on a state or federal level. Such service include, but are not limited to, epidem alogy, sexually transmissible disease detection and control, HIVAAIDS, immunization.,. tubers ulosis control, and maintenance of vital statistics. c. "Primary carie services" are acute care and preventive services that are made available. to well and sick persons who are unable to obtain such services due to lack of #.V me or other barriers beyond their control. These services provided to benefit individuals, krpfwm the Collective health of the public, and prevent and owl the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local fuWs mid shall include services mandated on a state or federal level. Examples of primary health. cars avvices include but are not *n ted to W contact acute care services; chronic disease deWlon and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women:, infants, and children; here health; and dental services. 4. FUNDING The parties further agree that funding for the CHID will be handled as follows: a. The funding to be provided by the parties and any ollher sources is outlined in Part If of Attachment 11 hereof. "This funding will be used as shown in Part I of /Ktiment 11. L The State's appropriated responsibilfty M"o cpmtribution exa fts*v owataft Aws, Medicaid contras, or any ofiw funds of Fisted an the Schedule C) 09 prOVIdWIn Attachment 11, Part 11 is an, amount not to exceed $3 839,49'8(State General Revenue,- to Funds, Other State Funds and Federal Funds listed on the Schedule Q. The State's c ationto pay under this contract is contingent upon an annual appropriation by the Legislature;. F1 The Cor.unto appropriated resperosibiilily (direct conte wwwm other cash, or tocol contributions; as provided: in Attachment 1L.Past If is an amoot not to exceed $U§.&504 (amount listed r the lftatdaf CWnW 04MMissioners Annual Appropristions section of the revenue at hme+nt) b. Overall expenditures will not exceed available fungi or budget authority, whit power, is less, (either the current year or from surplus ttust funds)in any service category Unless requested otherwise, any surplus at the ,end of the term of this contract In the Canty Health Department Trust Fund that is attributed to the-CHO shal be carried fon is the nW- contract t period,. 42 c: Either party may abiish service fessas allows, by law. to fiord ar�tl of the CHD. Where applicable, such fees shall be automs$ca ly adjusted toat West the Medicaid fee schedule. d. Either party may increase or decrease funding of this- r during tho-term harwf by notifying the other party in writing of the amount and. purpose for the change in funding. tF he . State initiates the increase or decrease, the CHID wilt revbe Attar hm t If and send a qVV of the revised pages to the Countyand the mote's -of Budoet and Revenue Man anent. If the County initiates the increase or decrease, the County shall notifythe Cl£'in uvrittrj. The D will then reprise Attachment 11 and send a c ' copy of to r+evised pages to � s Office of Budget :and Revenue Management. e. The name and address of the official payee to where payments shall be made Is County Health Department Trust .lam Indian River County Health !' partment Amounts Receivable, 1900 27th Street Vero Beach, FL 32960-3383 . CH D.QJR9QMorADMINI_STRAT_0R. Bc t parties agree the director it3tradministrator of, ttre CHS sharp b6l a State employee or under pct with the State and will be under the day-to-day dkeciion of the State's Deputy Secretary` fid' County Health Sins: The director or administrator shall be selected by the State with the �rrence of the County, The ding or administrator of the CHS shall ensure that non-categortcai sources of funding am uWW to fulfill public health priorities in the c ommunliy and ft Long -Range Program Plan. 6. ADMINtSTRATiVE POLICIES Alii.. PI,�ROCEQW, The parties hereto agree that the following standar should apply in the operation ofthe a. The CHD and its personnel shall follow all State policies and procedures, except tothe extent permitted for the use of County purchasing procedures as outlined in subparaw"h b.,. below. All CHID employees shall be State or SUte-contract personnel subject to Sire personnel laws, rules, and procedures. Employees will report time in the Health Man anent System compatible format by program component as specified by the State. b. The. CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its o enation with the excel that the use of Ceurdy phasing procedures shall be allowed when It will result in a better price or service:and no statewide purchasing contract has been implemented for those goads or services. In such cases, the CHS director or administrator must sign a justification, therefore, and all County purchaOng procedures must be folic wred in their entirety. and such cart Mance shall beduumente&Such justification -and comp#ance documentsr#on--shat! beouda'red by the CH tt-arts of this ,contract. State procedures must be fold for all leases on fry notammwated in A#achment IV. c, The CHD shall maintain books, rem; ani documents follawft the Generally A n9 the Governmental Aorunting Standards Accepted Accounts Prrneples, as promul by Board, and the r"Wremw is of federal or state law. These records stwilbe slit;maintained 43 required by the State's Policies and Procedures fbr Reoords Management 1 be open for inspection at any time by the parties and ft public, except for those records #fit are not otherwise subject to disclosure as provided lir lawn wtich is subject. to .the c onfidentialfty previsions of paragraphs 61. and OX. below. Bocce, Ir000rds, aid documents must be adequate to allow the CHD to comply with the follomft vspwdng r*quk i. The revenue and expenditure requirements in ft Fleirkla Accounting, Information Resource System; and fi. The client registration and services reporting requirements of to rr*nimum data set as specified in the most current version of the Client Itikormation System/Health Management Cponant Pamoiet; and N. Financial procedures specified in the States n Procedures Manuals, Accounting memoranda, and ComptroWs rrwrromn a; and iv. The CHD is responsible for assuring that all oontracts with service providers include provisions that all subcontracted services be reported to the CHI? in a manner consistent writh ft client registration and service repodir requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d All funds for the CHD shall be deposal in the County Wealth Department rl Trust Fu maintained by state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Indian Fi ver County. e. That any surplus or deficit funds, including fees or accrued :interest, remaining in the County Health Department Trust Fund account at the end of the contiw4year shag be credited or debited to the State or County, as appropriate, based on the fpr contributed by each and tate expenditures incurred by each. Expenditures will be charged to.the program acooUnts by State and County based on, the ratio of planned expenditures in this contract and funding from all sources is credited to the program accounts by State and County. The equity share of any surplus or deficit funds amming-to the State and County is determined each month andat the pct year --and. Surplus funds may be applied toward the funding requkements Of each patty in the following year. However, in each such case, all surplus fundal*iwuftg fees and accrued interest, shall remain in the trust fund urs rt totetr a d for In a tuthat clearly lilustrates the amount which has been credited to each pity. The planned Ussof surplus funds shalt be reflected in Attachment it, Pari I of this contr&h special capital pr9jectsexplahed in Attachment V. f. There shall be no transfer of funds between the#vm levels of services without a contract amendment unless the CHL} director or administrator detemaines that an erim"icy exists wherein a time delay would endanger tate. pulftls health and : State's Deputy. Secretary for County Health Systems have approved_#* transfer. The StaWs D S . r ibr Count Health Systems shall forward written evidence of this appr+cva! to the CHD wiftn 3D days after an emergency transfer. 4 44 g. The CHD may execute stabs fc�r services necessary to enable the CHD to cs}ny out the programs specified in this conte; Any such subcontract shall Include all aforementioned audit and record-keeping regtnt enW. h. At the. request of either party, an auk may be conducWd by an indep ender t certified public accountant. on the firomc al records Of Me CHO, andthe results made avallabile #o the psrtles vrlthin t8 days after the dose of the Cela fiscal year. This auditWilltallowroodremeft contained in OMB Circular A-133, as revised, a nd may be in conju lonvAhauftpeifornrcl by the County government. _ If audit exceptions are for . then the director or adm nistratcr of the CHID will prepare a corrective action pian and a copy of that plan and monthly status reports Will I be furnished to the contract managers for the parrs;. I. The CHO shall not use or disclose any i WAb.nTtion concerning a recipient of services except as allowed by federal or state law or policy. j. The CHID shall retain all client records..'Anancial records, supporting documents, statistical records, and any other documents jinckt ng electronic storage media) pertinent to this contract for five years after termination of this contract. If an audit has been initiated and audit findings have not been resolved at the end of five years, the records shall be retained until the resolution of the audit findings. . The CHD shall maintain the confidity of all data, files, and girds that are confidential under the law or are otherwise exerroed from disclosure as a public record under Florida law. The CHD shaU implement procedures to emwre the protection.xx , confidentiality of all such records and shall comply with sections 38420, 381.004, MI , and 456. 7, Florida Statutes, and all other state and federal lags regardit confidentiality.. All vohfidentiallty procedures implemented by the CHD shall be consistent vAth the She's Information Security Policies, Protocols, and Procedures. The CHD shall further adhere to any amendments to the State's security requirements and shall c airy with any applicable professional slandards of practice concerning client confidentiality. 1. The CHS shall abide by all State policies and p duces, w+hito. by this reference are incorporated herein as standards to be followed by the CHO. m. The CHR shall establish a system through which aWiconts for services and current clients may present grievances over denial, ri odil ation, or' temdriation of senses. The CHS will wise applicants of the right to appeal a dotial or e>rckAdon from servoes of failure, to take aunt of a client's choice of service, and right tolA rr hearing to the final goveming o0thoft of the MCHC. Specific references to existing laws, rules, or program manuals are. included in Attoc hment I of this contract. n. The CHD shall comply with the provisions wrttoir l In the Civil i hr C mpliance. and Ikon-Discriniinat on Certificate, hereby Incorporated iso this contract as Aftchment Ill. o. The CHC? shall submit quarterly reports to the County that shall include at least the f0flowing: 45 { i. The DF.3B5 Contract Management Ve t mce Report and the DE LI Analysis of Fund Equities Report and ii. A written explanation is the qty of service variances °reflected in the year- end DE385L1 report If the va nos exteeeds. or falls below 25 pert of the planned expenditure amount for the contract year. Wirer, if the amount of the service-spm variance between awl and planned expenditures does not exceed -three pent of the tial pWvied expenditures for the level of service in which the "a of service is included, a variance explanation Is not required. A copy of the written explanation shall be :sent to the States Office of Budget and Revenue Management. p. The dates for the submission of quarterly reports to the County ill be as follovvs.unless the generation and distribution of repods are delayed d to ca urnstances beyond the OHM control; L March 1, 2024, for the reporting pefiOd of !October 1, 2023, through December 31,:2023; and ii. June 1, 2024, for the reporting period of October 1, 202-3, 0vaugh March 31, 2024, mid iii. September 1, 2024, for the reporting period of Odaber 1., through June "30, 2024; ow iv. December 1, 2024, for the ung period of October 1. 20-23 through September 30, 2024: 7. FACILITIES AND E2tJlPll+lNT. The parties mutually agree that: a. CHD facilities shag be provided as specified in Attachment IV tothis contract and the County shall own the facilities used by ft CHD unless otherwise prod in Attachment 11i. b. The County shall ensure adequate #tree and. casualty insurance overage for County- owned CHD offices and buildings and all furnishings and equipmentIn CHD offices through either a sed-insurance program or insuranrre purchased by the Canty, c. AN vehicles will be transferred to the ownership ©fthe County and: registered as County vehicles. The County shall ensure insurance coverage for these vehicles ls!"labie through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased :'through the minty Health. Department Thost Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 6 46 8. TERMINATION. a, Termination at Will. This contractmay beterrdinated by either party -wit WtA c cruse upon no less than 180 calendar days,` notice to wring to other party unless a lesser time is mutually agreed upon in writing by both parties: . b. Termination Because of Lack of Fu to the, event funds to fitonce this contract become unavailable;, either party may terminate this contract upon no less than 24 hours' notice. c. Termination for Breach, This contrad may be terminated by meter party for a rneteri breech of an obligation hereunder, upon no fess than 30 days' notice. Waiver of a breach cif any provisions of this contract shall not be deemed to bea waiver of any -other breach and shall not'be construed to be a modification of the terms of this contract. 9. MISCELLANEOUS. The parties further agree: a. Aryallabdity of Funds. if this contrad, any renewal hereof, or .any.tr n. pe rr�nce, or payment hereunder, extends beyond the CHO fiscal year beginning ,duly 1, 2094, it is agreed that the perfommnce and payment, under this oonhvict are contingent t*w •an annual appropriation by the Legislature, under section 281,0582, Florida Statutes. b. Contract Manage, The name and addresses of the contract managers for the parties under this contract, are as follows: For the State: For this minty: Mayur Roo Kristin Daniels Name Dame Administrative Services Director 11 Budget Director Title Title 1900 27tt' 'Street 1801 27th Street Vero Beach;, Fl., 32604383 Verb Beach, R. 112116 M - Address Address Mayur.rac tl.health.+ami Icdanieisircacv.cxn Email Address Email Address 772-794-7464 772-567-8000 Ext. 1214 Telephone Telephone If different contract managers are designated afterft ,execution of this contract, ft, name, address, email address, and telephone number of the rot representee shall befUrnishad In writing to the other parties and attached to the originals o+f contr. c. Captions: The ca ' sand headings contained int* oorftc t ati for "Vete pbc of the parties only and do not in any way modify, am y, ofgive adds of the provisions hereof. 47: ATTACHMENT INDIAN RIVER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service 1. Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children (including the WIC Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Outcome Reauirement Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. 384. Periodic financial and programmatic reports as specified by the program office. Service documentation and monthly financial reports as specified in DHM 150-24* and all federal, state and county requirements detailed in_program manuals and published procedures. Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-110) OMB Circular A-102, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. 6. Immunization Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines -Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) Attachment _I §age 1 of 2 levels as documented in Florida SHOTS and supported by CHD Guidebook policies and technical assistance guidance. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4` and DHP 50-21' HIWAIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. 9. School Health Services 10, Tuberculosis 11 Requirements as specified in F.A.C. 6413-2 and 6413-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHD clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 6417-6. Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F.S. 392. General Communicable Disease Carry out surveillance for reportable communicable and other acute Control diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. 12. Refugee Health Program Programmatic and financial requirements as specified by the program office. 'or the subsequent replacement if adopted during the contract period. Attachmen'Mage 2 of 2 H z W U Q Q .2:` 2 C � 0 co — as m 0m E�'a .-cac W (n U_ N O cm Q) v CD r UD ld' aD M M (- O o r Cl) } U O M O O h N O m N O O t� M_ N O (D COM em)E CO (D co N L O O v (D O M .+ r M r Q m w I -r } U N C N 7 CN TN O m COV a) O O (D O d em)E (DE cE >- a) C> 0U > (D O CD C` (D .+ r L) O N aN as N L) .= O 47 �i 0 U O O O @ O 00 U)0 mo N M a Q ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT II, Sources of Contributions to County Health Department October 1, 2023 to September 30, 2024 _ State CHD County Total CHD Trust Fund CHD Trust Fund Other (Cash) Trust Fund (Cash,) Contribution Total I GIINERAL REVENUE • STATE.. Oils W AIDS PATIENT CARE, 100 QA0 : 0 IMOI O 0 100,Ob0 015W CHD - TII COM WINITY PROGRAM Sk#07 0 ggx _I 01" FAMILY PLANNING QRNERAL REVENUE 11, 83 0 SLAM 0 81,8 61" PRIMARY CARE PROGRAM 183; 6 ` 0 i8iwB 0 188;6 01:8040 RACIAL ETHNIC DISPARITIES • CHD EXPENSES 83;060 0 f'0Q0 0 . i bE.0p0 018040 SGML HEALTH SERVICES 134;384 0 11040 0 "A" 0180611 CHD GENERAL REVENUE NON-CATEGORWAL 1,9AB, i9* o ,1. _ p . IAW,144 t1ENE LAL REVENUE TOTAL 2 OO;A1?. 0 2!RK.40 0 i 1,2K417 2. NON GENERAL REVENUE - STATE 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM 6.862 O 0.8Ii4 0 6,ei�2 NON GENERAL REVENUE TOTAL 6.862 0 SAO . .. 0 3. FEDERAL FUNDS - STATE 0071f0t1 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 90388. 0 80,,388 007000 WIC BREASTMI)INO`PM C01INSELING PROD ®i1800 d ACI.DOD 0 6010Oi0 007000 COASTAL MACH WATER QUf LIT'Y MONI' ORING ASO 0 MAN 0 007000 COMPR13HOWM C('QMMU2aiiTY. CARDIO • PHBG Imam : 0 134000 0 llkw 007000 917MNGT90W4G.STD PRRVENi'ION AND CONTROL 3'ixim .0 2'7,998 0 87,99' 007000 EIC COVID ENHANCED DETZ TION EXPANSION GRANT 180;881 0 Intel 0 13@,69,1 0117660 FAMILY PLANNING TITLE S -GRANT 1.7' on #f 17,q 8 0 mew OYYO09 :P(J" HLTH INFRASTRUCTURE & W!ORKFORCZAMTRAL i 153,008. 0 141tlim 0 152 m 607M INFANT MORTALITY 141776 0 14116. 0 .14,7* 00$000 IMMUN17ATION ACTION PLAN 49,= 0 48880. 0 1 4.886 007000 MCH SPEC PRd SOCIA; DETERMINAN s HLTH COMM" I6'w 2i S-13 0 1,1 ps 0 all's 007000 BASECOMAIUNITY. PREPAREDNESS CAPAERM 21 0 910 007000 BASE PEM HLTH SURVEILLANCE 4c EM INVEST'IGAVION 83.E 0 83c8$8 . 0 83;823 007000 AIDS PRI VEIMON K2ft 0 56;262 0 86,262 007000 RYAN WHITE TITLE Ii GRANWHD CONSORT RAI 50.000 0 80,000 0 50.00b 1107000 WIC PROGRAM ADMINISTRATION 606,322 Q 1806,328 0 6Q6132 018076` SCHOOL HEALTH SERVICES 160,068 0 150.06$ 0 15086 FEDERAL F%= TOTAL 1.713`,811 0 I,Tldt,81r1 0 1,712,S11 4. FEES ASSESSED BY STATE'OR ORAL RULES - STATE i , 001020 CHD STATEWIDE ENVIRONMENTAL FEES Mow 0 140.= A 1 001092 ON SITS SEWAGE DISPOSAI::PERMIT FOES 2#8040. 0 0 0 289AW 001092 CHI)STATEWME ENVIRONMENTAL ES 1,4M 0 1884 0 1,661' 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES Sb,180 0 25,136 0 28113 001206 SANITATION CERTIFICATES #FbOD INSPEC7' ON) x;814. 0 404 .0 9,614 001206 SEPTIC TANK RESEARCH "CHARGE Q 001206 SEPTIC TA6ffi VARIANCE F$ES.60§2887 0 067 t1 80� 001206 P1TWC SWIMMING POOL PERMIT FEES 10% IQ !TRANSFER ICM 0 ahs 0 li 001206 DRINKING G WA' ER PROGRM OPERATIONS #66 . ; 0 0 464 001206 REQULATION OF BODY PIPAWING SAi AM 8 !41 INFldrn/�t„ [6-P� 1. ,3 i ATTACHMENT u" INDIAN RIVER COUN'T'Y HEALTH DEPARTNZWT ' II, Sources of Contributions to County Health Department October 1, 2023 to September 30, 2024 State CHD County Total CHD Trust Fund CHD Trust Fund the'" (cash) Trust Fund (cash) Contribution Total 401906 TANNU4G FACILITIES: 001968 TATTO PROGRAM ENVIEOMllidMAL HEALTH 106 0 0 .. M 0012M MOBILE HOME & RV PARK FEES 11$11 0 1,411 0 411. FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 605,814 0 606,$14 0 WA14 5. OTHER CASH CONTRIBUTIONS • STATE 031005 GENERAL CLINIC RABIES SERVICES #c DRUM PURCHASES 944,721 0 50.781" 0 201"1 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT $11{,$4¢ 4" 61$,846 0 214#6 OTHER CASH CONTRIBUTION TOTAL 4.>iH$ 4 4384.4: 0 384;1N 6. MEDICAID • STATE/COUNTY 001057 CHD CLINIC FEES 0 6.986 S,00 0 001148 CHD CLINIC FEES 0 noo 2114180 0 $1,'$N MEDICAID TOTAL 0 86,215 80.2146 0 3UM 7. ALLOCABLE REVENUE • STATE: 001004 CHI)STA*ftW DE ENVIRONMENTAL FEES 7. 0 7.11111 0 ALLOCABLE REVENUE TOTAL 7.1119 4 7,19!1 0 7.18 S. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND • STATE ADAP 0 0 4 416.874 410874 PHARMACY DRU PROGRAM 0 0 0 784 784 WIC PROGRAM 0 0 .$ 11458 l88 3's"'M BUREAU OF PUBLIC HEALTH LABORATORIES 0 D 4 48;396 114.:134 IMMUNIZATIONS 0 0 0 4t3,69$ 4B 6S8 OTHER STATE CONTRIBUTIONS TOTAL 0 0 $.089;m 9. DIRECT LOCAL CONTRIBUTIONS • BCC/TAX DISTRICT 008040 CHD LOCAL REVENUEA EXPENDITURES 0 775,604 77!4;604 0 776,04 DIRECT COUNTY CONTRIBUTIONS TOTAL 0 775.604 7746.1 0 775;04 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION • COUNTY 604077 CHD CLINIC FEES 0 345 396 9 001077 09 CLINIC RABIES SiERVIC S $c DRUG PURCHASES 0 280 280 0 260 60101 CHID LOCAL ENVIRONMENTAL FM - 0 266,626 26$6% : : 0 -001110 VITAL STATISTICS CERTIFIED RECORDS 0 280;000 2K000 0 WOW FEES AUTHORIZED BY COUNTY TOTAL 0 647,251 547;251 4 5#'# 9161 11. OTHER CASH AND LOCAL CONTRIBUTIONS • COUNTY 0010$0 CAD CLINIC. FEES 0 ;10,306 14.8041 P IDA" .: . 001030 Ow CLINIC FEES 0 44780 ?LI.4I 0 4 7 0 Q1�03d0 STATE UNDERGROUND PETROLEUM, XWONSE ACT : 4 9;254 2A. 4 0 2.21 0103W MIGRANT LABOR HOUSING INSPECTIONH-2A PROGRAM 0 1,%2 1,70 0 1;-789 011000 BLUE FOUNDATION COUNTY GRANTS 0 9601 4S9i1f1 t1 95,0110 0110W REVENUE CONTRACTIMOA WINO REPORTING REQUIREMENT 0 : (8,4402 .%W'0 2�fl tbb2 41100Q HEALTHY START NURSE FAM PARTNERSHIP EXPAND COD. 092,292 82.02 b 9,902 Attachme ni�;iart I! • Page 2 of 3 ._ g [ENT II EALTH DEPARTMENT A County Health Department otember 30,,2024 State CHD County Total CHD Trust Fund CHD Trust Fund C?i er (cash) Trust Fund (cash) Contribution Total 0111001 CIiD HSALTIIY START COA1.YfIF)N CCdNTRAGT 0 $Q90 2.080 0. 11*0 OWW DRAWDOWN FROMPUBUCHFAALTH UNIT U R72 3 % 0 986.29E O CASH AND LOCAL CONTRIBUTIONS T)TAL 0 $16;279 0 875,2'1(8 It ALLOt ASI.R REVENUE - COUNTY 00 004 CHI) STATEWIDE MNV WN]14'IrNTALPRES A 7,1$2 1.10 0 7,122 COUNTY AL%OC AMS R1£VENUE TOTAL 0 7,122 7,122 _ 0 7.143: i 13. BUILDINGS • COUNTY , ANNUAL RENTAL E'QUIVALEN'T VALUE 9 0 0 a&"$ 5,28,SA8 UTIL1TIPS .0 0 0 $60,618 200,"8" BU"ING MAINTENANCE A it 0 127,663 127,668 WAEASSO SITE • ANNUAL RENATL EQUIVALENT VALUE 0 0 fl ' : 130,868 811,662 WABASSO--SITE • UTILITIES 0 Q fl 8 IMS 30,538 WABASSO SITE - BUILDING MAINTENANCE 0 0 0 10,446 19,44$ OTHER (Speedy) 0 0 0 0 BUILIIINGSTOTAL 0 0 fl 8671730 x,740 14. OTWIR COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND • COUNTY EQUIPMENT) VEHICLE PUI CHASES 0 A 0 A 0 VEitIC tX I URANf,'E 0 A 0 0 I). VMCLE MAINTENANCE i! 0 ,0 0. OTHER COUNTY CONTRIBUTION (SPECIF1t) 0 0 0 0 0 C3773S3i CI UWN CONTRIfi MOON (SPECIFY) 0 S '0 0 0.. OTM CITY CONTRIBUTIONS TOTAL 0 0 fl. 0 0 GRAND TOTAL CHD PROGRAM 4,817.5ft 1.876 470 00,002 4 1137;0 6 30,8;IB X Aila�rrr�enBac#_il -Paye 3 M 3 A (OOUICABLE DISBAW t4 NT1EC?i.M Il1fi4U1QtZATION (101) 2:88 Sb2 654 79:902. 0.798 97.9112 67,882 8b.80? 186:387 290;4641 SXKUALLYTRANS: W. (100 4:92 310 8B8 ISS U1700 125.153 law "99,191 X8;468 466,639 131VtATT)BPREVENTION (03A1i 2.82 0 000 91@7 818!7" 72$67' 891871 146'; Q 289.52 ifWM IUSSURV$IIvLANCE OUZ 0.07 0 0 .11407 1,9183 1r97 x,3(!{ 5,6111 6 i>.561< HIV0JDSPtAT16NTCARE (MV 4.02 227 504 12L,286 10;9109 121:285 106.8113 487,021 2067 452,2311 ADAP (0344) 0.72 18 270 ICM 14439: Kn8 14,617 62,372 0 0,372 TURERCULMS, (104) 1.30 $2. 6856.98.. 0 80,8H 36.982 SIA4 41;7?49 18 184;10$ comm, Dw. Sum (106) 8:85 0 9 91l*m 183,60 2KI98 MANO 798;852 0 ?88,6694 HEPATITIS. 4100 0.00 0 0 0 0' 0 0 0 0 0 PRIIFAEE@W WAND R:ESP(3NSE (110 099 0 1 29.821 25;685 20,821, 2cm 111,189 0 111,189, RUM20 HXALTH (110 0.00 0 0 0 0 0 0 0 0 O4 WrAL 118 Rp!s 4780) 9.68 8,647 30.494 47,780 46:967 47,780 47.633 0. 176.10 178E160i : . CQ141 UNICABLIIDISEASESUBTOTAL 29.35 9,78$ 36,482 74013 638,10 742,613 647,0$8 140k2k:. SKOdli 4748499; B. PRIMARY 4 A616 CHRONIC IIIc PISV "ON PRO (510) 1.29 0 30 *466 W,t14- 26;498 29;(191 W,ft 0 88;881 : WIC (911611) 8:86 61118 361846 : 29$.112 IftO0 0,2112 174114 75i1fi86: 0 783746. T011+AWO USE' INTERVENTION (210 0.00 0 0 0 0 0' :0 0 0 0' WIC WEASTFUDINGPEERCOUNSELING (2lW9) $:21 0 4. $74168 23,280 27:138 23,666 OL- 0 101,882, PAWLY P104NING (M 4.2? 127 176 1219 90.193 1"1210 91.683 360.751. 31;7999 398,3IA:; . PA"ROVED PREGNANCY O PIVOW UW 0.27 1 89 1$3$0 6,426 8:380 5, 23" 0 59.804' HEALTHY STARTPRBNATAL (227) 0:85 1.114 609 116,381 18;990:: 16.821 14,-222 0 801854 8004: (XJNWREHENSIVE CH1LD'HEAUTH (20 A00 0 0 O 0 0 0 ;: 0 0 1) HEALMW START MLD 081) Oa99 47)8 2;699 1&-04 1&M 16.504 23,248 0 66;869 6609 ; SCHOOL HEALTH (530: &40 0 89;744 82440 79,419' 95,(643 86.725 $4,04 0 345;43+1, ADULTZRALTH 00 0.00 0 0 0 0 0 0 6. 0 8 CCWUNITY HEALTH DEVELOPMENT (20 7.56.:. 0 8,907 172,6I9 147.968 174.411 160,460 4$$9@9 tKNO: 44,001 DENTAL HEALTH (940) O.OD 0 _ 0 0 0, 0 0 .0 0. 0 PRIMARY CARE SUBTOTAL 30.14 7.064 141:848 684;096 589,262 86006 698X3 4;1WO$ 8811,136 tA76.131 , C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programa COSTAL BEACH MONITORING (341) 0.10 71 71 5;'4168 4.508: 5:25$. 41678 $ 182 IS$* LIMTED USE PUBLIC WATER SYSTEMS (957) 9.47. 33 534 1 aft . 9:278 10;8$1 8.4$9 063 36;584: 40,31? PuB iC"WSM SYSTSM ISO (W 0 161 2,613 2,239 2,$19' 4144f6 . . . 47 RA4 8.941 PRIVATEWAURSYST&M (350 1.28 25 1;556 34:168 28.423 33,198 11M 496 1$&396 Lt&881 ONSITZ SWAG TREATMENT 1k D1 1L (860 7.63 &$61 10.220 164774 190.44$ 160,774. 38} 918,)"4 592,171 Group Total 9.51 2,880 12.842 20010 173,464.. 20$.819 3714:$89 .. 58608 417;02. 7146,476 Facility Programa TATTOO FACILITY` SERVICES ('344) 0.22 165 82 618Fi : ¢ 819 SM 4,566 ASIS 03: 39.891 FOW HI GIRNO (310 1.83 130 411 x,542 ;8 8q8 39,522 34;428 ... x,,106.1 44:488: W." - -- - A 5_Part_llt-Paget oft DIAN RIVER COUNTY HEALTH DEPARTMENT Services and Expenditures By Program Service Area October 1, 2023 to September 30, 2024 Quarterly Expenditure Plan IE'a Clients Services/ het 2nd 3rd 4th_ �> Unita Visite ,,' (Whole dollars only) owY Pt$Rw4G PACIIJTIES SERVIM 13491 A;OI l $ :. 899 399 348 11487 114" GROUP -CARE RACMITY (351) 0.63 89 119 14.129 12,111 14.129 11811 244 111E{i8ANT I AWR CAMP (3521 022. 14 w 8.494 4.709 $,494 4780 Aw 18,397 ww HOLVING & PUB. 1111M., (383) 0:28 1 ;19 : $.452 Am. -$452 8:008 49 Iz= 12.871 U0811XROMB AND PARK (3$4) 58 110 ams 8:07 S 9 &07 2106 4.411, 2&M POOLMUTHINGPI ACES (360) 1:91 A08 1,613- 41.972. . .06,4981 41AW X-07 14$: ATTACHMENT III XXX COUNTY HEALTH DEPARTMENT CIVIL RIGHTS COMPLIANCE AND NON-DISCRIMINATION CERTIFICATE The CHD agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (orthe subsequent replacement if adopted during the contract period), if so requested by the Department. 2. The CHD assures that itwill complywith the Omnibus Budget Reconciliation Actof 1981, P.L. 97-35, which prohibits d iscriminatio n o n the basis of sex and relig ion in p rog rams and activities receiving o r benef iting from federal financial assistance. 3. Assurance of Civil Rights Compliance: The CND hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C, 2000d et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title II and Title III of the Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189) and as implemented by Department of Justice regulations at 28 CFR Parts 35 and 36; Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency" (August 11, 2000); all provisions required by the implementing regulations of the U.S. Department of Agriculture (7 CFR Part 15 et seq.); and FNS directives and guidelines to the effect that no person shall, on the ground of race, color, national origin, age, sex, ordisability, beexcluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity for which the agency receives Federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement. By providing this assurance, the CHD agrees to compile data, maintain records and submit records and reports as required to permit effective enforcement of the nondiscrimination laws, and to permit Department personnel during normal working hours to review and copy such records, books and accounts, access such facilities, and interview such personnel as needed to ascertain compliance with the non-discrimination laws. If there are any violations of this assurance, the Department of Agriculture shall have the right to seek judicial enforcement of this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or i n recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the CHD, its successors, transferees, and assignees as long as it receives or retains possession of any assistance from the Department. The person or persons whose signatures appear below are authorized to sign this assurance on the behalf of the CHD. Confidentiality of Data, Files, and Records: The CHD agrees to restrict the use and disclosureof confidential USDA, Women, Infant, and Children (WIC) applicant and participant information as specified in 7 CFR § 246.26(d)(1)(i) in accordance with 7 CFR § 246.26(d)(1)(ii), as applicable. 57 � C4 _ 4) U) LL. c kf f k $ » k ( \ £ m 9 8 < 0 0 a 0 k / u . % ■ ° 2 LL Jfbf k & k §o a z , - 0 �.�, 0 �f�$)J kkKk u=�= ■. f E / J u to § ■ $ § ■ � � � � � ■ � f� § 2 $ f X ) a LL. 9 � $ � 0/ m e >§�r \S{§ �§2� sf ■ ��i� L6 in in 0 c kf f k $ » k ( \ £ m 9 8 < CONTRACT YEAR 2022-2023' 2023-2024- 2024-2025*** 2025-2026*** PROJECT TOTAL PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: PROJECT TYPE: SQUARE FOOTAGE: PROJECT SUMMARY: ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN N/A CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE COUNT Y $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN NEW BUILDING RENOVATION NEW ADDITION Describe scope of work in reasonable detail. START DATE (lnilial expenditure of lunds) COMPLETION DATE: DESIGN FEES: CONSTRUCTION COSTS: FURNITUREIEQUIPMENT: TOTAL PROJECT COST: COST PER SQ FOOT- $ 0 $ 0 $ 0 $ 0 $ 0 ROOFING PLANNING STUDY OTHER TOTAL $ 0 $ 0 $ 0 $ 0 $ 0 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. Cash balance as of 9/30/23 *` Cash to be transferred to FCO account. *** Cash anticipated for future contract years. Attachment"Page 1 of t ATTACHMENT INDIAN RIVER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service 1. Sexually Transmitted Disease Program 2. Dental Health 3. Special Supplemental Nutrition Program for Women, Infants and Children (including the WIC Breastfeeding Peer Counseling Program) 4. Healthy Start/ Improved Pregnancy Outcome Requirement Requirements as specified in F.A.C. 64D-3, F.S. 381 and F.S. 384. Periodic financial and programmatic reports as specified by the program office. Service documentation and monthly financial reports as specified in DHM 150-24* and all federal, state and county requirements detailed in program manuals and published procedures. Requirements as specified in the 2007 Healthy Start Standards and Guidelines and as specified by the Healthy Start Coalitions in contract with each county health department. 5. Family Planning Requirements as specified in Public Law 91-572, 42 U.S.C. 300, et seq., 42 CFR part 59, subpart A, 45 CFR parts 74 & 92, 2 CFR 215 (OMB Circular A-110) OMB Circular A-102, F.S. 381.0051, F.A.C. 64F-7, F.A.C. 64F-16, and F.A.C. 64F-19. Requirements and Guidance as specified in the Program Requirements for Title X Funded Family Planning Projects (Title X Requirements)(2014) and the Providing Quality Family Planning Services (QFP): Recommendations of CDC and the U.S. Office of Population Affairs published on the Office of Population Affairs website. Programmatic annual reports as specified by the program office as specified in the annual programmatic Scope of Work for Family Planning and Maternal Child Health Services, including the Family Planning Annual Report (FPAR), and other minimum guidelines as specified by the Policy Web Technical Assistance Guidelines. 6. Immunization Periodic reports as specified by the department pertaining to immunization levels in kindergarten and/or seventh grade pursuant to instructions contained in the Immunization Guidelines -Florida Schools, Childcare Facilities and Family Daycare Homes (DH Form 150-615) and Rule 64D-3.046, F.A.C. In addition, periodic reports as specified by the department pertaining to the surveillance/investigation of reportable vaccine -preventable diseases, adverse events, vaccine accountability, and assessment of immunization ATTACHMENT I (Continued) Attachment6&age 1 of 2 levels as documented in Florida SHOTS and supported by CHID Guidebook policies and technical assistance guidance. Environmental Health Requirements as specified in Environmental Health Programs Manual 150-4* and DHP 50-21' HIV/AIDS Program Requirements as specified in F.S. 384.25 and F.A.C. 64D-3.030 and 64D-3.031. Case reporting should be on Adult HIV/AIDS Confidential Case Report CDC Form DH2139 and Pediatric HIV/AIDS Confidential Case Report CDC Form DH2140. Requirements as specified in F.A.C. 64D-2 and 64D-3, F.S. 381 and F.S. 384. Socio -demographic and risk data on persons tested for HIV in CHID clinics should be reported on Lab Request DH Form 1628 in accordance with the Forms Instruction Guide. Requirements for the HIV/AIDS Patient Care programs are found in the Patient Care Contract Administrative Guidelines. School Health Services Requirements as specified in the Florida School Health Administrative Guidelines (May 2012). Requirements as specified in F.S. 381.0056, F.S. 381.0057, F.S. 402.3026 and F.A.C. 64F-6. 10. Tuberculosis Tuberculosis Program Requirements as specified in F.A.C. 64D-3 and F.S. 392. 11. General Communicable Disease Carry out surveillance for reportable communicable and other acute Control diseases, detect outbreaks, respond to individual cases of reportable diseases, investigate outbreaks, and carry out communication and quality assurance functions, as specified in F.A.C. 64D-3, F.S. 381, F.S. 384 and the CHD Epidemiology Guide to Surveillance and Investigations. 12. Refugee Health Program Programmatic and financial requirements as specified by the program office. "or the subsequent replacement if adopted during the contract period. Attachment 0page 2 of 2 m 0 F - N 7 N F - w Q N � = C o U m a� 0 mem E `m c V1 L 7 LL fA LL L- L- O O Q co M O M f0 O r O L- CO N O N O M '4t 0) N w co co CC? N N r g � O O M co M_ r M M M N } N O m N V N N j N O O N O C N LL O N M O �+ U v U cc ccn 00 }ani N �m om tma C V a U U a N U) N N cn N 'O cn C w C O O` O O O C O UM a M m M Z ` N N �p N N N N LL aN 0 in - L) LY - oy d 3 0 5p N 0 0 U N 2 p (D m o T C U 00 co m0 N M 4 0 a ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2023 to September 30, 2024 1. GENERAL REVENUE- STATE 015040 AIDS PATIENT CARE 015040 CHD - TB COMMUNITY PROGRAM 015040 FAMILY PLANNING GENERAL REVENUE 015040 PRIMARY CARE PROGRAM 015040 RACIAL & ETHNIC DISPARITIES - CHD EXPENSES 015040 SCHOOL HEALTH SERVICES 015050 CHD GENERAL REVENUE NON -CATEGORICAL GENERAL REVENUE TOTAL 2. NON GENERAL REVENUE - STATE 015010 ENVIRONMENTAL BIOMEDICAL WASTE PROGRAM NON GENERAL REVENUE TOTAL 3. FEDERAL FUNDS - STATE 007000 AIDS DRUG ASSISTANCE PROGRAM ADMIN HQ 007000 WIC BREASTFEEDING PEER COUNSELING PROG 007000 COASTAL BEACH WATER QUALITY MONITORING 007000 COMPREHENSIVE COMMUNITY CARDIO - PHBG 007000 STRENGTHENING STD PREVENTION AND CONTROL 007000 ELC COVID ENHANCED DETECTION EXPANSION GRANT 007000 FAMILY PLANNING TITLE X - GRANT 007000 PUBLIC HLTH INFRASTRUCTURE & WORKFORCEICENTRAL 1 007000 INFANT MORTALITY 007000 IMMUNIZATION ACTION PLAN 007000 MCH SPEC PRJ SOCIAL DETERMINANTS HLTH COMM EDU 007000 BASE COMMUNITY PREPAREDNESS CAPABILITY 007000 BASE PUB HLTH SURVEILLANCE & EPI INVESTIGATION 007000 AIDS PREVENTION 007000 RYAN WHITE TITLE H GRANT/CHD CONSORTIUM 007000 WIC PROGRAM ADMINISTRATION 015075 SCHOOL HEALTH SERVICES FEDERAL FUNDS TOTAL 4. FEES ASSESSED BY STATE OR FEDERAL RULES - STATE 001020 CHD STATEWIDE ENVIRONMENTAL FEES 001092 ON SITE SEWAGE DISPOSAL PERMIT FEES 001092 CHD STATEWIDE ENVIRONMENTAL FEES 001206 ON SITE SEWAGE DISPOSAL PERMIT FEES 001206 SANITATION CERTIFICATES (FOOD INSPECTION) 001206 SEPTIC TANK RESEARCH SURCHARGE 001206 SEPTIC TANK VARIANCE FEES 50% 001206 PUBLIC SWIMMING POOL PERMIT FEES -10% HQ TRANSFER 001206 DRINKING WATER PROGRAM OPERATIONS 001206 REGULATION OF BODY PIERCING SALONS State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 100,000 0 100,000 0 100,000 30,597 0 30,597 0 30,597 51,533 0 51,533 0 51,533 183,226 0 183,226 0 183,226 52,000 0 52,000 0 52,000 136,867 0 136,867 0 136,867 1,696,194 0 1,696,194 0 1,696,194 2,250,417 0 2,250,417 0 2,250,417 6,862 0 6,862 0 6,862 6,862 0 6,862 0 6,862 39,388 0 39,388 0 39,388 60,000 0 60,000 0 60,000 12,886 0 12,886 0 12,886 115,000 0 115,000 0 115,000 27,993 0 27,993 0 27,993 130,591 0 130,591 0 130,591 17,092 0 17,092 0 17,092 152,988 0 152,988 0 152,988 14,776 0 14,776 0 14,776 49,880 0 49,880 0 49,880 23,113 0 23,113 0 23,113 92,629 0 92,629 0 92,629 83,823 0 83,823 0 83,823 56,262 0 56,262 0 56,262 80,000 0 80,000 0 80,000 606,322 0 606,322 0 606,322 150,068 0 150,068 0 150,068 1,712,811 0 1,712,811 0 1,712,811 160,032 0 160,032 0 160,032 289,870 0 289,870 0 289,870 1,662 0 1,662 0 1,662 25,130 0 25,130 0 25,130 2,614 0 2,614 0 2,614 6,153 0 6,153 0 6,153 867 0 867 0 867 11,265 0 11,265 0 11,265 456 0 456 0 456 4,089 0 4,089 0 4,089 Atteohment_63art_II - Page 1 of 3 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2023 to September 30, 2024 State CHD County Total CHD Lk Trust Fund CHD Trust Fund Other I r x= (cash) Trust Fund (cash) Contribution Total 001206 TANNING FACILITIES 300 0 300 0 300 001206 TATTO PROGRAM ENVIRONMENTAL HEALTH 1,565 0 1,565 0 1,565 001206 MOBILE HOME & RV PARK FEES 1,811 0 1,811 0 1,811 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 505,814 0 505,814 0 505,814 5. OTHER CASH CONTRIBUTIONS - STATE: 031005 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES 20,721 0 20,721 0 20,721 090001 DRAW DOWN FROM PUBLIC HEALTH UNIT 313,845 0 313,845 0 313,845 OTHER CASH CONTRIBUTION TOTAL 334,566 0 334,566 0 334,566 6. MEDICAID - STATE/COUNTY: 001057 CHD CLINIC FEES 0 8,935 8,935 0 8,935 001148 CHD CLINIC FEES 0 21,280 21,280 0 21,280 MEDICAID TOTAL 0 30,215 30,215 0 30,215 7. ALLOCABLE REVENUE - STATE: 001004 CHD STATEWIDE ENVIRONMENTAL FEES 7,122 0 7,122 0 7,122 ALLOCABLE REVENUE TOTAL 7,122 0 7,122 0 7,122 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE ADAP 0 0 0 416,874 416,874 PHARMACY DRUG PROGRAM 0 0 0 784 784 WIC PROGRAM 0 0 0 2,555,183 2,555,183 BUREAU OF PUBLIC HEALTH LABORATORIES 0 0 0 18,135 18,135 IMMUNIZATIONS 0 0 0 48,623 48,623 OTHER STATE CONTRIBUTIONS TOTAL 0 0 0 3,039,599 3,039,599 9. DIRECT LOCAL CONTRIBUTIONS - BCC/TAX DISTRICT 008040 CHD LOCAL REVENUE & EXPENDITURES 0 775,604 775,604 0 775,604 DIRECT COUNTY CONTRIBUTIONS TOTAL 0 775,604 775,604 0 775,604 10. FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001077 CHD CLINIC FEES 0 345 345 0 345 001077 GENERAL CLINIC RABIES SERVICES & DRUG PURCHASES 0 280 280 0 280 001094 CHD LOCAL ENVIRONMENTAL FEES 0 266,626 266,626 0 266,626 001110 VITAL STATISTICS CERTIFIED RECORDS 0 280,000 280,000 0 280,000 FEES AUTHORIZED BY COUNTY TOTAL 0 547,251 547,251 0 547,251 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001029 CHD CLINIC FEES 0 10,306 10,306 0 10,306 001090 CHD CLINIC FEES 0 4,780 4,780 0 4,780 010300 STATE UNDERGROUND PETROLEUM RESPONSE ACT 0 2,254 2,254 0 2,254 010300 MIGRANT LABOR HOUSING INSPECTION H -2A PROGRAM 0 1,782 1,782 0 1,782 011000 BLUE FOUNDATION COUNTY GRANTS 0 95,000 95,000 0 95,000 011000 REVENUE CONTRACT/MOA W/NO REPORTING REQUIREMENT 0 20,502 20,502 0 20,502 011000 HEALTHY START NURSE FAM PARTNERSHIP EXPAND CHD 0 92,292 92,292 0 92,292 Attachment 64�rt_II - Page 2 of 3 Attachment 6&rt_II - Page 3 of 3 ATTACHMENT II INDIAN RIVER COUNTY HEALTH DEPARTMENT Part II, Sources of Contributions to County Health Department October 1, 2023 to September 30, 2024 State CHD County Total CHD Trust Fund CHD Trust Fund Other (cash) Trust Fund (cash) Contribution Total 011001 CHD HEALTHY START COALITION CONTRACT 0 2,090 2,090 0 2,090 090002 DRAW DOWN FROM PUBLIC HEALTH UNIT 0 386,272 386,272 0 386,272 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 615,278 615,278 0 615,278 12. ALLOCABLE REVENUE - COUNTY 001004 CHD STATEWIDE ENVIRONMENTAL FEES 0 7,122 7,122 0 7,122 COUNTY ALLOCABLE REVENUE TOTAL 0 7,122 7,122 0 7,122 13. BUILDINGS - COUNTY ANNUAL RENTAL EQUIVALENT VALUE 0 0 0 528,888 528,888 OTHER (Specify) 0 0 0 0 0 UTILITIES 0 0 0 200,613 200,613 BUILDING MAINTENANCE 0 0 0 127,663 127,663 WABASSO SITE - ANNUAL RENATL EQUIVALENT VALUE 0 0 0 80,562 80,562 WABASSO SITE - UTILITIES 0 0 0 30,558 30,558 WABASSO SITE - BUILDING MAINTENANCE 0 0 0 19,446 19,446 OTHER (Specify) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 987,730 987,730 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY EQUIPMENT / VEHICLE PURCHASES 0 0 0 0 0 VEHICLE INSURANCE 0 0 0 0 0 VEHICLE MAINTENANCE 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTION (SPECIFY) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 0 0 GRAND TOTAL CHD PROGRAM 4,817,592 1,975,470 6,793,062 4,027,329 10,820,391 Attachment 6&rt_II - Page 3 of 3 ATTACHMENT H INDIAN RIVER COUNTY HEALTH DEPARTMENT Part IH, Planned Staffing. Clients, Services and Expenditures By Program Service Area Within Each Level of Service October 1, 2023 to September 30, 2024 Attach" 11_Part_III - Page 1 of 2 Quarterly Expenditure Plan FTE's Clients Services/ 1st 2nd 3rd 4th Grand ..,., (0.00) Units Visits (Whole dollars only) State County Total A. COMMUNICABLE DISEASE CONTROL: HVIMUNNATION (101) 2.88 552 654 77,902 66,778 77,902 67,882 95,307 195,157 290,464 SEXUALLY TRANS. DIS. (102) 4.92 310 386 125,153 107,280 126,163 109,053 70,171 396,468 466,639 HIV/AIDS PREVENTION (03A1) 2.92 0 4,096 72,267 61,947 72,267 62,971 269,452 0 269,452 HIV/AIDS SURVEILLANCE (03A2) 0.07 0 0 1,497 1,283 1,497 1,304 5,581 0 5,581 HIV/AIDS PATIENT CARE (03A3) 4.02 227 504 121,285 103,965 121,285 105,683 427,821 24,397 452,218 ADAP (03A4) 0.72 18 270 16,728 14,339 16,728 14,577 62,372 0 62,372 TUBERCULOSIS (104) 1.30 32 68 35,982 30,844 35,982 31,354 41,749 92,413 134,162 COMM. DIS. SURV. (106) 8.85 0 9 214,198 183,610 214,198 186,646 798,652 0 798,652 HEPATITIS (109) 0.00 0 0 0 0 0 0 0 0 0 PREPAREDNESS AND RESPONSE (116) 0.99 0 1 29,821 25,562 29,821 25,985 111,189 0 111,189 REFUGEE HEALTH (118) 0.00 0 0 0 0 0 0 0 0 0 VITALRECORDS (180) 2.68 8,647 30,494 47,780 40,957 47,780 41,633 0 178,150 178,150 COMMUNICABLE DISEASE SUBTOTAL 29.35 9,786 36,482 742,613 636,565 742,613 647,088 1,882,294 886,585 2,768,879 B. PRIMARY CARE: CHRONIC DISEASE PREVENTION PRO (210) 1.29 0 365 26,498 22,714 26,498 23,091 98,801 0 98,801 WIC (21W1) 9.86 5,116 35,949 202,112 173,250 202,112 176,114 753,588 0 753,588 TOBACCO USE INTERVENTION (212) 0.00 0 0 0 0 0 0 0 0 0 WIC BREASTFEEDING PEER COUNSELING (21W2) 2.21 0 4,826 27,158 23,280 27,158 23,666 101,262 0 101,262 FAMILY PLANNING (223) 4.27 127 176 105,219 90,193 105,219 91,683 360,721 31,593 392,314 IMPROVED PREGNANCY OUTCOME (225) 0.27 1 63 6,330 5,426 6,330 5,514 23,600 0 23,600 HEALTHY START PRENATAL (227) 0.65 1,114 5,027 16,321 13,990 16,321 14,222 0 60,854 60,854 COMPREHENSIVE CHILD HEALTH (229) 0.00 0 0 0 0 0 0 0 0 0 HEALTHY START CHILD (231) 0.59 696 2,889 15,204 13,033 15,204 13,248 0 56,689 56,689 SCHOOL HEALTH (234) 3.40 0 88,744 92,643 79,413 92,643 80,725 345,424 0 345,424 COMPREHENSIVE ADULT HEALTH (237) 0.00 0 0 0 0 0 0 0 0 0 COMMUNITY HEALTH DEVELOPMENT (238) 7.58 0 3,907 172,613 147,963 172,613 150,410 453,599 190,000 643,599 DENTAL HEALTH (240) 0.00 0 0 0 0 0 0 0 0 0 PRIMARY CARE SUBTOTAL 30.12 7,054 141,946 664,098 569,262 664,098 578,673 2,136,995 339,136 2,476,131 C. ENVIRONMENTAL HEALTH: Water and Onsite Sewage Programs COSTAL BEACH MONITORING (347) 0.10 71 71 5,253 4,503 5,253 4,576 19,393 192 19,585 LIMITED USE PUBLIC WATER SYSTEMS (357) 0.47 33 534 10,821 9,276 10,821 9,429 4,753 35,594 40,347 PUBLIC WATER SYSTEM (358) 0.13 0 161 2,613 2,239 2,613 2,276 47 9,694 9,741 PRIVATE WATER SYSTEM (359) 1.28 25 1,556 33,158 28,423 33,158 28,892 496 123,135 123,631 ONSITE SEWAGE TREATMENT & DISPOSAL (361) 7.53 2,851 10,220 150,774 129,243 150,774 131,380 313,534 248,637 562,171 Group Total 9.51 2,980 12,542 202,619 173,684 202,619 176,553 338,223 417,252 755,475 Facility Programs TATTOO FACILITY SERVICES (344) 0.22 155 62 5,265 4,613 5,265 4,588 19,218 413 19,631 FOOD HYGIENE (348) 1.83 130 411 39,522 33,878 39,522 34,438 103,261 44,099 147,360 Attach" 11_Part_III - Page 1 of 2 ATTACHMENT 11 INDIAN RIVER COUNTY HEALTH DEPARTMENT Part III, Planned Staffing. Clients, Services and Expenditures By Program Service Area Within Each Level of Service October 1, 2023 to September 30, 2024 Quarterly Expenditure Plan AttachQ II_Part_III - Page 2 of 2 FTE's Clients Services/ 1st 2nd 3rd 4th Grand �tMr w� (0.00) Units Visits (Whole dollars only) State County Total BODY PIERCING FACILITIES SERVICES (349) 0.01 1 2 399 342 399 346 1,457 29 1,486 GROUP CARE FACILITY (351) 0.63 89 118 14,129 12,111 14,129 12,311 244 52,436 52,680 MIGRANT LABOR CAMP (352) 0.22 14 57 5,494 4,709 5,494 4,786 2,086 18,397 20,483 HOUSING & PUB. BLDG. (353) 0.13 1 19 3,452 2,959 3,452 3,008 49 12,822 12,871 MOBILE HOME AND PARK (354) 0.28 58 110 6,973 5,977 6,973 6,077 21,515 4,485 26,000 POOLSBATHING PLACES (360) 1.91 403 1,517 41,872 35,893 41,872 36,487 148,891 7,233 156,124 BIOMEDICAL WASTE SERVICES (364) 1.67 518 543 34,582 29,644 34,582 30,134 104,336 24,606 128,942 TANNING FACILITY SERVICES (369) 0.04 7 12 1,102 945 1,102 961 3,928 182 4,110 Group Total 6.94 1,376 2,851 152,790 130,971 152,790 133,136 404,985 164,702 569,687 Groundwater Contamination STORAGE TANK COMPLIANCE SERVICES (355) 0.00 0 0 0 0 0 0 0 0 0 SUPER ACT SERVICES (356) 0.04 0 1 899 770 899 783 15 3,336 3,351 Group Total 0.04 0 1 899 770 899 783 15 3,336 3,351 Community Hygiene COMMUNITY ENVIR. HEALTH (345) 0.10 0 67 2,870 2,460 2,870 2,500 41 10,659 10,700 INJURY PREVENTION (346) 0.00 0 0 0 0 0 0 0 0 0 LEAD MONITORING SERVICES (350) 0.06 0 0 1,074 921 1,074 935 22 3,982 4,004 PUBLIC SEWAGE (362) 0.93 10 47 18,646 15,984 18,646 16,248 361 69,163 69,524 SOLID WASTE DISPOSAL SERVICE (363) 0.00 0 0 25 22 25 22 0 94 94 SANITARY NUISANCE (365) 0.19 26 28 5,029 4,311 5,029 4,383 72 18,680 18,752 RABIES SURVEILLANCE (366) 0.16 52 131 4,463 3,826 4,463 3,889 62 16,579 16,641 ARBORVIRUS SURVEIL. (367) 0.00 0 0 0 0 0 0 0 0 0 RODENTIARTHROPOD CONTROL (368) 0.00 0 0 0 0 0 0 0 0 0 WATER POLLUTION (370) 0.29 0 63 8,088 6,933 8,088 7,047 114 30,042 30,156 INDOOR AIR (371) 0.00 0 0 42 36 42 35 1 154 155 RADIOLOGICAL HEALTH (372) 0.00 0 0 21 18 21 17 0 77 77 TOXIC SUBSTANCES (373) 0.15 11 25 4,046 3,468 4,046 3,526 57 15,029 15,086 Group Total 1.88 99 361 44,304 37,979 44,304 38,602 730 164,459 165,189 ENVIRONMENTAL HEALTH SUBTOTAL 18.37 4,455 15,755 400,612 343,404 400,612 349,074 743,953 749,749 1,493,702 D. NON -OPERATIONAL COSTS: NON -OPERATIONAL COSTS (599) 0.00 0 0 0 0 0 0 0 0 0 ENVIRONMENTAL HEALTH SURCHARGE (399) 0.00 0 0 14,550 12,472 14,550 12,678 54,260 0 54,250 MEDICAID BUYBACK (611) 0.00 0 0 27 23 27 23 100 0 100 NONOPERATIONAL COSTS SUBTOTAL 0.00 0 0 14,577 12,495 14,577 12,701 54,350 0 54,350 TOTAL CONTRACT 77.84 21,295 194,183 1,821,900 1,561,726 1,821,900 1,587,536 4,817,592 1,975,470 6,793,062 AttachQ II_Part_III - Page 2 of 2 ATTACHMENT III XXX COUNTY HEALTH DEPARTMENT CIVIL RIGHTS COMPLIANCE AND NON-DISCRIMINATION CERTIFICATE The CHD agrees to completethe Civil Rights Compliance Questionnaire, DH Forms 946 A and B (orthe subsequent replacement if adopted during the contract period), if so requested by the Department. 2. The CHD assures that itwill complywith the Omnibus Budget Reconciliation Actof 1981, P.L. 97-35, which prohibits discriminationon the basis of sex and religion in programs and activities receiving orbenefiting fromfederal financial assistance. 3. Assurance of Civil Rights Compliance: The CHD hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.); Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.); Title II and Title III of the Americans with Disabilities Act (ADA) of 1990, as amended by the ADA Amendment Act of 2008 (42 U.S.C. 12131-12189) and as implemented by Department of Justice regulations at 28 CFR Parts 35 and 36; Executive Order 13166, "Improving Access to Services for Persons with Limited English Proficiency" (August 11, 2000); all provisions required by the implementing regulations of the U.S. Department of Agriculture (7 CFR Part 15 et seq.); and FNS directives and guidelines to the effect that no person shall, on the ground of race, color, national origin, age, sex, ordisability, beexcluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity forwhich the agency receives Federal financial assistance from FNS; and hereby gives assurance that it will immediately take measures necessary to effectuate this agreement. By providing this assurance, the CHD agrees to compile data, maintain records and submit records and reports as required to permit effective enforcement of the nondiscrimination laws, and to permit Department personnel during normal working hours to review and copy such records, books and accounts, access such facilities, and interview such personnel as needed to ascertain compliance with the non-discrimination laws. If there are any violations of this assurance, the Department of Agriculture shall have the right to seek judicial enforcement of this assurance. This assurance is given in consideration of and for the purpose of obtaining any and all Federal financial assistance, grants, and loans of Federal funds, reimbursable expenditures, grant or donation of Federal property and interest in property, the detail of Federal personnel, the sale and lease of, and the permission to use Federal property or interest in such property or the furnishing of services without consideration or at a nominal consideration, or at a consideration that is reduced for the purpose of assisting the recipient, or i n recognition of the public interest to be served by such sale, lease, or furnishing of services to the recipient, or any improvements made with Federal financial assistance extended to the Program applicant by USDA. This includes any Federal agreement, arrangement, or other contract that has as one of its purposes the provision of cash assistance for the purchase of food, and cash assistance for purchase or rental of food service equipment or any other financial assistance extended in reliance on the representations and agreements made in this assurance. This assurance is binding on the CHD, its successors, transferees, and assignees as long as it receives or retains possession of any assistance from the Department. The person or persons whose signatures appear below are authorized to sign this assurance on the behalf of the CHD. 4. Confidentialityof Data, Files, and Records: The CHD agrees to restrict the use and disclosureof confidential USDA, Women, Infant, and Children (WIC) applicant and participant information as specified in 7 CFR § 246.26(d)(1)(i) in accordance with 7 CFR § 246.26(d)(1)(ii), as applicable. 68 C d E L V A al N O N M N O N m m v LL d G1cn a- 0 = p 2 ao r Q E O V w � c v M W t0 N iy V +' C1 CO M N U LL d E O O d C mu Z 3 s d 0 V 2 d E O O V �'- O -nR E _LAR E J E 12 E m V = 00 = d d 2 L t C C O m O O E C, d C O U O U I- p> >> ° a L Q Q J m Z Q !' v c c - �3 O t C. a=- .0= 2 d vg v .a 0 2 > _d N M w - o ❑ ' v v c M ° Q E 2 E o LL � m t vm C d m 0 O w O a N d M N N y+ pp 'cn AO ci O M 0 3Cq J y ti M > N to N M Q M Q Q N O O LL C C 0pco V 07 LL d `o Q CONTRACT YEAR 2022-2023* 2023-2024** 2024-2025*** 2025-2026*** PROJECT TOTAL PROJECT NUMBER: PROJECT NAME: LOCATION/ADDRESS: PROJECT TYPE: SQUARE FOOTAGE: PROJECT SUMMARY: ATTACHMENT V INDIAN RIVER COUNTY HEALTH DEPARTMENT SPECIAL PROJECTS SAVINGS PLAN NIA CASH RESERVED OR ANTICIPATED TO BE RESERVED FOR PROJECTS STATE COUNTY $ 0 $ 0 0 $ 0 $ 0 $ 0 $ $ 0 $ SPECIAL PROJECTS CONSTRUCTION/RENOVATION PLAN NEW BUILDING RENOVATION NEW ADDITION 0 Describe scope of work in reasonable detail. START DATE (Initial expenditure of funds) COMPLETION DATE: DESIGN FEES: CONSTRUCTION COSTS: FURNITURE/EQUIPMENT: TOTAL PROJECT COST: COST PER SQ FOOT: 0 $ 0 0 $ 0 ROOFING PLANNING STUDY OTHER 0 0 TOTAL $ 0 $ 0 $ 0 $ 0 Special Capital Projects are new construction or renovation projects and new furniture or equipment associated with these projects and mobile health vans. * Cash balance as of 9/30/23 ** Cash to be transferred to FCO account. *** Cash anticipated for future contract years. Attachment/g- Page 1 of 1 SF INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 11, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Authorization to Increase Blanket Purchase Orders BACKGROUND: Blanket Purchase orders are issued at the request of using departments to enable as needed purchases over the course of the fiscal year. The Purchasing Manager may approve purchase orders up to $35,000 (not associated with a bid or contract), and the Administrator is authorized in Section 105.01 of the County Code to approve purchase orders up to $75,000. DISCUSSION: The needs of some departments may exceed the Administrator's approval authority during the course of a fiscal year. Many of these purchases reflect needs that are not easily addressed through the bid process. As additional funds are needed on each Purchase Order, a request is made through the department director to the Budget Office. The Budget Office verifies funds are available and forwards the request to the Purchasing Division. If all required approvals are in place, the Purchasing Division adds the requested funds to the Purchase Order. As the current fiscal year is being closed, several purchase orders require additional funds, to pay invoices for expected goods and services. FUNDING: Funds are available, as indicated in the tables. 71 Total Vendor and Current Amount Requested Amount Spent Last PO# Material Amount Requested Increase Fiscal Year Encumbered for FY Amount (2021/2022) 2022 202 94341 Cole Auto Supply — $75,000 $80,000 $5,000 $78,485 Inventory Parts Justification: Additional parts for repairs to vehicles and equipment needed Account Name Account Number Amount Internal Service Fund/Fleet Management/Inventory-Parts 501-141024 $5,000 71 RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the listed Purchase Order increases. 72 Total Vendor and Current Amount Requested Amount Spent Last PO* Material Amount Requested Increase Fiscal Year Encumbered for FY Amount (2021/2022) 2022/2023 94419 EFE Inc. — Inventory $70,000 $85,000 $15,000 $69,952 Parts Justification: Additional parts for repairs to mowing and other equipment needed Account Name Account Number Amount Internal Service Fund/Fleet 501-141024 $15,000 Management/Inventory-Parts RECOMMENDATION: Staff recommends the Board of County Commissioners authorize the listed Purchase Order increases. 72 MbF CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 12, 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 2024003 for Central (Gifford) WWTF Generator and ATS Replacement BACKGROUND: The Indian River County Department of Utilities Services (IRCDUS) requested the solicitation of bids for the replacement of the Main Electrical Building stand-by generator system, and the demolishing of the Solids Handling Building stand-by generator system at the Central (Gifford) WWTF Plant (IRCDUS Project ID 22.20.525). BID RESULTS: Advertising Date: August 6, 2023 Bid Opening Date: September 6, 2023 Broadcast to: 782 Subscribers Bid Documents Obtained by: 25 Vendors Replies: 3 Vendors Firm Location Total Bid Price Lawrence Lee Construction Services, Inc. Stuart, FL $2,190,000 Hinterland Group, Inc. Riviera Beach, FL $2,354,200 TLC Diversified Palmetto, FL $2,448,000 ANALYSIS: The Department of Utilities Services, along with consultant Kimley-Horn, has reviewed the bids and made recommendation of award to Lawrence Lee Construction Services, Inc., as the lowest, responsive, and responsible bidder. Lawrence Lee's bid price is 6% less than the engineer's opinion of probable construction cost of $2,320,700.00. 73 CONSENT FUNDING: Funds in the amount of $2,190,000 are available in the Utilities/ Work in, Progress/ CWWTF Generator Replacement Account (471-169000-20525), in the Utilities Operating Fund. Utilities operating funds are generated from water and sewer sales. RECOMMENDATION: Staff recommends the Board award bid 2024003 to Lawrence Lee Construction Services, Inc., approve the agreement, and authorize the Chairman to execute it 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. Attarhmant Agreement 74 Description ; Amount 471-169000-20525 Utilities/ Work in Progress/ CWWTF Generator Replacement $2,190,000 RECOMMENDATION: Staff recommends the Board award bid 2024003 to Lawrence Lee Construction Services, Inc., approve the agreement, and authorize the Chairman to execute it 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. Attarhmant Agreement 74 SECTION 00520 Agreement (Public Works) TABLE OF CONTENTS Title Page ARTICLE1- WORK...................................................................................................................2 ARTICLE 2 - THE PROJECT.......................................................................................................2 ARTICLE3 - ENGINEER............................................................................................................2 ARTICLE 4 - CONTRACT TIMES................................................................................................2 ARTICLE 5 - CONTRACT PRICE.................................................................................................3 ARTICLE 6 - PAYMENT PROCEDURES.....................................................................................3 ARTICLE 7 - INDEMNIFICATION..............................................................................................4 ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS...................................................................5 ARTICLE 9 - CONTRACT DOCUMENTS....................................................................................6 ARTICLE 10 - MISCELLANEOUS...............................................................................................7 [The Remainder of THIS Page WAS LEFT BLANK INTENTIONALLY] Agreement (Public Works) REV 04-07 - 00520 - 1 F:\Purchasing\Blds\2023-2024 FY (2024000)\2024003 Central W WTF Generator and ATS Replacement\Agreement7fo SECTION 00520 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and Lawrence Lee Construction Services, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project consists of replacing the Main Electrical Building stand-by generator system and demolishing the Solids Handling Building stand-by generator system. The scope of work will include installation of temporary power systems, demolition of existing generator and fuel system equipment, installation of proposed generator and fuel system equipment, and site and structural improvements to accommodate the proposed demolition and construction work, as described herein and shown on the construction drawings and specifications. 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: Central (Gifford) WWTF Generator and ATS Replacement Bid Number: 2024003 Project Address: 3550 49th Street, Vero Beach, FL 32967 ARTICLE 3 - ENGINEER 3.01 Kimley-Horn and Associates, Inc. is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 420th 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 480th calendar day after the date when the Contract Times commence to run. Agreement (Public Works) REV 04-07 - 00520 - 2 F\Purc1asing\Bids\2023-2024 FY (2024000)\2024003 Central W WTF Generator and ATS Replacement\Agreennenta6 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 1148.00 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 $1148.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, 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: $ 2,190,000.00 Written Amount: Two Million, One -Hundred Ninety Thousand Dollars. ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until substantial completion Agreement (Public Works) REV 04-07 - 00520 - 3 F:\Purchasing\Bids\2023-2024 FY (2024000)\2024003 Central WWTF Generator and ATS Replacement\Agreemenll and acceptance 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. 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. 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 Agreement (Public Works) REV 04-07 - 00520 - 4 F:\Purchasing\Bids\2023-2024 FY (2024000)\2024003 Centra! W WTF Generator and ATS Replacement\Agreement718 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. 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. Agreement (Public Works) REV 04-07 - 00520 - 5 F:\Purchasing\Bids\2023-2024 FY (2024000)\2024003 Central W WTF Generator and ATS Replacement\Agreement79 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 an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. 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 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive); 11. Technical Specifications — Bid Submittal Central (Gifford) Wastewater Treatment Facility (WWTF) Generator and ATS Replacement" prepared by Kimley-Horn and Associates, Inc., and dated May 2023. 12. Construction Plans for Central (Gifford) WWTF Generator and ATS Replacement prepared by Kimley-Horn and Associates, Inc. (Sheets G-1 through G-2, C-1, M-1 through M-6, D-1 through D-4, E-1 through E-13) 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); Agreement (Public Works) REV 04-07=00520- 6 F:\Purchasing\Bids\2023-2024 FY 12024000)\2024003 Central WWTF Generator and ATS Replacement\Agreemen" 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns 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 Agreement (Public Works) REV 04-07 - 00520 - 7 F:\Purchasing\Bids\2023-2024 FY (2024000)\2024003 Central W W7F Generator and ATS Rep lacement\Agreemen9f 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 reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 Pubiicrecords(&-indianriver. gov Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 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. Agreement (Public Works) REV 04-07 - 00520 - 8 F:\Purchasing\Bids\2023-2024 FV (2024000(\2024003 Central WWTF Generator and ATS Replacement\Agreemen,92 This Agreement will be effective on day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: Joseph H. Earman, Chairman (Contractor) (CORPORATE SEAL) By: John A. Titkanich, Jr., County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K. DeBraal, County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Howard Richards, P.E. Utilities Capital Projects Manager 1801 27th Street Vero Beach, Florida 32960 (772) 226-1821 hrichards@indianriver.gov 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 * * Agreement (Public Works) REV 04-07 - 00520 - 9 F:\Purchasing\Bids\2023-2024 FY (2024000)\2024003 Central WWiF Generator and ATS Replacennent\Agreemen,93 Agreement - 00634 - 1 F:\Purchasing\Bids\2023-2024 FY (2024000)\2024003 Central W WFF Generator and ATS Replacement\Agreemen,94 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 12, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Amendment to Agreement for 2024 EAR and MPP Update BACKGROUND: On November 15, 2022, the Board awarded RFP 2023003 to Kimley-Horn and Associates, for the completion of an Evaluation Appraisal Report (EAR), and an update to the Manatee Protection Plan (MPP). The County Administrator has requested additional services relating to the EAR, identified in Kimley-Horn's submitted proposal as "optional," be added to the current scope of work. Data, Inventory, and Analyses (DIAs) for each element of the comprehensive plan will be conducted, including population projections up to 2045. Additional community outreach workshops are also incorporated in the expanded scope. FUNDING: i ne costs Tor the current scope OT WOM are: Deliverable Amount State -mandated Evaluation and Appraisal Report (EAR) $32,310 ($25,541 paid to date) Updated Manatee Protection Plan (MPP) $17,480 The proposed fees for the additional EAR work are: Task Amount DIAs for each element of the comprehensive plan $55,000 Public Outreach and Project Coordination $30,000 Funding will be made available in the MSTU Fund/County Planning/Other Professional Services account for the upcoming fiscal vear throueh a cash forward budeet amendment. Account Name Account Number Amount MSTU Fund/County Planning/Other Professional Services 00420515-033190 $85,000 85 RECOMMENDATION: Staff recommends the Board approve the first amendment to the agreement, and authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency. VA 0 Ir'Td! I LIVALILIb 0 First Amendment to Agreement 86 FIRST AMENDMENT TO AGREEMENT FOR 2024 EAR AND MPP This First Amendment to that certain Agreement to provide Evaluation and Appraisal Report and Manatee Protection Plan Update Services is entered into effect as of September 26, 2023, 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 Kimley-Horn and Associates, Inc. (hereinafter called CONSULTANT). BACKGROUND RECITALS WHEREAS, OWNER and CONSUTANT entered into an agreement for services relating to Evaluation and Appraisal Report (EAR) and Manatee Protection Plan Update (MPP), effective November 1S, 2022; and, WHEREAS, the parties wish to modify the Work to include services defined and priced in accordance with Exhibit 1 to this amendment. NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the OWNER and CONSULTANT agree as follows: 1. The background recitals are true and correct, and form a material part of this First Amendment. 2. The services detailed in Exhibit 1 to this First Amendment are hereby added to the Work under the agreement. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 87 IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed, effective the day and year first set forth above. OWNER: INDIAN RIVER COUNTY M 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: Rebeca A. Guerra, AICP, LEED-AP, CPD Chief Planner 180127th Street, Vero Beach, FL 32960 772-226-1258 rguerra@ircgov.com 2 CONSULTANT: Kimley-Horn and Associates, Inc. By: (CONSULTANT) (CORPORATE SEAL) Attest Designated Representative: Mr. Kelley Klepper, AICP, Vice President Kimley-Horn and Associates, Inc. 1777 Main Street, Suite 200 Sarasota, FL 34236 941-379-7673 Kelley.klepper@kimley-horn.com (If CONSULTANT is a corporation or a partnership, attach evidence of authority to sign.) 88 EXHIBIT 1 Scope of Services for INDIAN RIVER COUNTY Comprehensive Plan Evaluation and Appraisal Report (EAR) Additional Services (RFP Number: 2023003) August 7, 2023, Revised August 21, 2023 BACKGROUND & PURPOSE: To provide for items requested by the Owner in support of the EAR Review Process including the following Tasks as identified in the RFP Response: • Data, Inventory and Analysis (DIA) o Including population projections up to 2045 • Community Outreach and Workshops o It is understood that due to the Community Outreach and Workshops proposed schedule, the previously identified presentation to the Planning & Zoning Board and the Board of County Commissioners will be modified. It is understood the Planning & Zoning Board presentation will be scheduled (by staff) for December and the Board of County Commissioners presentation will be scheduled (by staff) for January. TASKS: Data, Inventory and Analysis (DIA) including Population Projections 2045 Consultant will assess the information and data collected in the previous tasks as it relates to each of the Owner's comprehensive plan elements listed in the Scope of Services - Project Understanding. Specifically, the following actions will occur. As part of this Task and based on the recommended amendments from the initial assessment, our team would analyze and prepare the necessary Data Inventory and Analysis (DIAs) for each Chapter (Element) of the Comprehensive Plan as follows: A. Future Land Use (2)- Consultant will identify the Owner's existing land use and development totals utilizing information from the Owner (i.e., development review approvals, site and building permits, and similar) along with the latest information from the Property Appraiser's office and any relevant studies completed since the adoption of the last plan update. This will provide a snapshot of the current development and impacts as compared to the Owner's current carrying capacity per the adopted Comprehensive Development Plan/ Future Land Use designations including a vacant lands analysis. Consultant will also compare the Owner's population projections based on available information including the most recent LRTP and BEER. B. Infrastructure (3A Sanitary Sewer, 3B Potable Water, 3C Solid Waste, 3D Natural Groundwater, 3E Stormwater) - Consistent with the RFP response, Consultant will not undertake or update the Owner's respective utility plans, stormwater master plans, water e3 89 supply facilities plan, etc. but will report the findings of the Owner's current plans and analyses including LOS as part of the Element DIA. C. Transportation (4) - Specific to the Transportation/Mobility Element, analysis will be conducted for input into the Transportation Element Update by evaluating existing, 5 -year horizon, and the long-term planning horizon for the Owner's Comprehensive Plan. The end results of analyzing future transportation needs will be the development of a coordinated Mobility Plan which addresses all modes of travel. However, based on Consultant's preparation of the 2045 LRTP (and several prior LRTPs), we have data that will be used in this Element and others, to help facilitate the use of not only the most recent data/analysis available but also our enhanced understanding of the Owner. 1. Existing Conditions — Consultant will use available traffic counts to identify existing LOS for roadways within the Owner. Consultant will incorporate transit, bicycle, and pedestrian facilities, and identify existing LOS for each of these modes as documented in the LRTP. Maps and tables of transportation infrastructure and operating conditions will be developed, including the identification of existing needs for all modes. 2. 2028 Conditions (i.e., five-year horizon) — Consultant will use historic trends to project 2028 traffic volumes and will identify the 2028 LOS for roadways within the Owner. Maps and tables of transportation infrastructure and operating conditions will be developed, including the identification of 2025 system needs for all modes. 3. 2045 Conditions (i.e., long-term horizon) — Consultant will use the available transportation model, along with the consideration of historic trends, to project 2040 traffic volumes and will identify the 2040 LOS for roadways with the Owner. Maps and tables of transportation infrastructure and operating conditions will be developed, including the identification of 2040 system needs for all modes. 4. If needed, Consultant will update the model to include key roads and accessibility to Traffic Analysis Zones (TAZs) within the Owner to more accurately represent the network within and adjacent to the Owner. These minor model edits do not include a sub -area recalibration. D. Economic Development (5) — not included; (non -required Element) E. Capital Improvements (6) - (It is understood the Owner will provide the Owner's adopted 5 - year CIP for use by Consultant in the preparation of this Element). Consistent with F.S. Chapter 163.3177(3) (b), The capital improvements element must be reviewed by the local government on an annual basis. Modifications to update the 5 -year capital improvement schedule may be accomplished by ordinance and may not be deemed to be amendments to the local Comprehensive Plan. 4 90 F. Housing (7) - Includes principles, guidelines and strategies addressing various types of housing as required by Florida Statutes. Consultant will utilize readily available data including the property appraiser, Shimburg, and BEBR in the identification of housing types, age of construction, and general condition, as well as readily available information and data regarding affordability. Historical structures are understood to include a review of the Owner's existing database and review of the State Historic Preservation Office and the Master Site File. G. Conservation (8)/Coastal Management (9) — Consultant will update the DIA including identifying those components the Owner should undertake and or consider specific to sea level rise/peril of flood, wetland protections, water quality, protected habitats and vegetative community protections. It is understood that a formal sea level rise assessment and resiliency master plan is not provided as part of this Task; however, is assumed that the Owner's current study(s) will be provided for reference as part of the Element appraisal depending on the timing/completion of the study. H. Recreation (10) — Utilizing information and analysis previously prepared by the Owner, Consultant will analyze the Owner's existing and proposed parks and recreation facilities including other areas which the Owner includes in providing for (accounting) its adopted Parks and Recreation LOS as compared to population (recreational demand). Intergovernmental (11) - (It is understood the Owner will assist Consultant in the research, analysis and development of the Intergovernmental Coordination and Monitoring components of the Comprehensive Plan.) It is understood that specific monitoring requirements will be included in the respective Element. II. Public Outreach and Project Coordination A. Public Outreach 1. Consultant will facilitate and attend a series of public / community workshops to present information relative to the Comprehensive Plan and solicit comments and input from residents. Consultant will summarize the public comments and provide that information to the Owner to be used for future planning efforts in order to gain consensus on comprehensive planning issues to likewise be addressed in the future. It is assumed that Indian River staff will be pursuing separate but parallel outreach efforts on other proposed considerations (such as the Urban Services Boundary) and those topics will not be presented as part of this Comprehensive Plan review. This task also includes required meeting preparation, coordination, and revisions to the summary report. Staff will be responsible for selecting, scheduling, setup, and promoting the appropriate workshop locations. 5 91 a. Conduct up to three (3) days of workshops to include one afternoon public outreach meeting and one evening public outreach meeting (same three days). 2. Consultant will develop a workshop flyer suitable for posting online or physically. Staff will be responsible for printing and distribution of flyers as securing location(s) and providing required public notices. 3. It is assumed this Task will be scheduled during September and October to allow Consultant to summarize the comments received. Consistent with the language provided in the "Background and Purpose" above, it is understood that due to the Community Outreach and Workshops proposed schedule, the previously identified presentation to the Planning & Zoning Board and the Board of County Commissioners will be modified. It is understood the Planning & Zoning Board presentation will be scheduled (by staff) for December and the Board of County Commissioners presentation will be scheduled (by staff) for January. COMPENSATION The Consultant will invoice the Owner on a monthly basis according to the scope and master contract. A monthly progress report will be prepared depicting the project progress status in support of the invoice. Payment may correspond to completion of task(s) and approval of associated deliverable. The compensation to CONSULTANT is based on the following budget: TASK DESCRIPTION FEE 1 $55,000 II Public Outreach and Project Coordination $30,000 TOTAL FEE $85,000 R 92 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 13, 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 RFP 2023064 for Ecological Services in Support of the Environmental Land Acquisition Bond Process BACKGROUND: On March 8, 2022, Board approved Resolution 2022-016, authorizing an Environmental Land Bond Referendum for the November 8, 2022 ballot. The Resolution called for a Bond Referendum Election for the issuance of general obligation bonds as follows: "To acquire and permanently preserve environmentally significant lands to restore the Indian River Lagoon, protect water resources, natural areas, wildlife habitat, drinking water resources, and construct public access improvements related thereto, shall Indian River County be authorized to issue general obligation bonds up to $50,000,000, maturing within 20 years from each issuance, not exceeding the legal maximum interest rate, payable from ad valorem taxes, with full public disclosure of all spending through annual independent audits." The Referendum was passed by voters in Indian River County as part of the November 8, 2022 election. On behalf of the Parks, Recreation, & Conservation Department, a Request for Proposals ("RFP") was issued for Ecological Consulting Services in Support of the Environmental Land Acquisition Bond Process. The term of award is three years, with a single -year renewal available. DISCUSSION: A selection committee comprised of Wendy Swindell, Conservation Lands Manager, Andy Sobczak, Interim Community Development Director, Beth Powell, Parks, Recreation, & Conservation Director and Ashley Lingwood, Conservation Lands Program Director independently reviewed and scored the received proposals. The committee then met to compile an initial ranking of firms. After the initial ranking, the committee agreed to interview the top 4 ranked firms. After the interviews, the committee declared their ranking as final, and recommended award to the two top ranked consultants. 93 I3II-knalMCC Funding for work performed under the agreements will come from the Land Acquisition 2023/1 -and Acquisition/Other Professional Services account, number 15514639-033190. These services will be charged on a per hour, per use basis and may vary. These funds will be made available once the bond proceeds are received. Account Name �LandAcquisitions Firm 1. Water & Air Research, Inc. 2. The Transit Group, Inc. dba Ecological Associates, Inc. 3. Terracon Consultants, Inc. 4. GreenSource Environmental Professionals, Inc. 5. Royal Consulting Services, Inc. 6. RES Florida Consulting, LLC I3II-knalMCC Funding for work performed under the agreements will come from the Land Acquisition 2023/1 -and Acquisition/Other Professional Services account, number 15514639-033190. These services will be charged on a per hour, per use basis and may vary. These funds will be made available once the bond proceeds are received. Account Name �LandAcquisitions Account Number Amount 2023/Land Acquisition/Other Professional Services 15514639-033190 TBD RECOMMENDATION: Staff recommends the Board approve the final ranking of firms, award the RFP to Water & Air Research, Inc. as Primary Consultant, and The Transit Group, Inc. dba Ecological Associates, Inc. as Secondary Consultant, approve the Sample Agreement and price proposals, and authorize the Chairman to execute them, after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT Sample Agreement and Price Proposals 94 CONTINUING CONTRACT AGREEMENT FOR ECOLOGICAL CONSULTING SERVICES IN SUPPORT OF THE ENVIRONMENTAL LAND ACQUISITION BOND PROCESS THIS AGREEMENT, entered into this _day of , 2023, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and hereinafter referred to as the "CONSULTANT". BACKGROUND RECITALS: COUNTY selected CONSULTANT to provide professional consulting engineering services ("Services"), based on statement of qualifications received in response to Request for Proposals 2023o64. That the COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional consulting engineering services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The CONSULTANT shall provide the COUNTY with consulting and support services and such other related services as defined in specific Work Orders. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: i. GENERAL 1.1 Professional services shall be identified in individual Work Orders prepared by the COUNTY. Work Orders will be executed by the Board of County Commissioners, County Administrator, or the Purchasing Manager, as authorized. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Work Order which would increase or decrease cost, or which are otherwise outside the scope of Services or level of effort contemplated by the Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY, as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A 2023o64 Agreement - i 95 separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1, attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the term of the Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY"s attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2023064 Agreement - 2 96 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub -consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete each Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, religion, sex, sexual orientation, gender identity, national origin, physical disability, or age; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, and 2023o64 Agreement - 3 97 communication. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement or Work Order to the County Project Manager upon request, and hold all reports, drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, and upon final payment all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of reports or documents for which the CONSULTANT has provided services, and the CONSULTANT will make corrections and prepare any necessary revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and reports, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. 2023064 Agreement - 4 98 3.17 CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining an affidavit from all subcontractors and subconsultants, as required in Section 448•095(5)(b), F.S., stating the subcontractor/subconsultant does not employ, contract with, or subcontract with an unauthorized alien. 3.18 The CONSULTANT shall not be held liable for any modifications made to the documents by others. 4. TERM; DURATION OF AGREEMENT This Agreement shall become effective on , 2023, and remain in full force and effect for a period of three (3) years after the effective date, or until completion of all project phases as defined by the COUNTY, whichever occurs later, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 9 "Termination", This Agreement may be extended for one additional one (1) year term, at the discretion of the County. 5. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum, per unit, or maximum amount not -to -exceed fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Duly certified invoices, phased as per the Work Order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.7o, Florida Statutes, et seq.). 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.o61, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall 2023o64 Agreement - 5 U1 specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. OWNERSHIP AND REUSE OF DOCUMENTS 7.1 Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. 7.2 Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse by others. 8. INSURANCE AND INDEMNIFICATION 8.1 During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. 8.2 CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. The cost of such insurance shall be included in the CONSULTANT's fees. 8.3 Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $1oo,000 each accident, $5oo,000 disease policy limit, and $1oo,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a $1,000,000 per claim/annual aggregate. This insurance shall extend 2023o64 Agreement - 6 100 coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 8.4 CONSULTANT's insurance coverage shall be primary. 8.5 All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. 8.6 The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 8.7 The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 8.8 CONSULTANT shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 3o days notice to the Risk Management Department, of cancellation and/or nonrenewal. 8.9 The CONSULTANT shall ensure all subconsultants to maintain the insurance as detailed herein. KLo Any deductibles or self-insured retentions greater than $ioo,000 must be approved by the Risk Manager for Indian River County, with the ultimate responsibility for same going to the CONSULTANT. 8.1i The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract. 9. TERMINATION 9.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (3o) days' prior written notice to the COUN'T'Y; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 9.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 9.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 9.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 2023o64 Agreement - 7 101 9.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents first prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 9.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 9.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9.8 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9.9 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 10. MISCELLANEOUS PROVISIONS 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other parry or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either parry, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power 2023064 Agreement - 8 102 or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either parry to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A parry's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each parry shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 1o.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 1o.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 10.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 10.10 Counterparts. This Agreement maybe executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.11 Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records required by the County to perform the service. If 2023o64 Agreement - 9 103 the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records. disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTAN'T'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords (&indianriver.gov Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 3296o C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. ii. FEDERAL CLAUSES For any work requested that will be paid for in part or whole by federal funds, the following terms will apply: A. Contract Work Hours and Safety Standards: (1) The CONSULTANT or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the CONSULTANT or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the CONSULTANT or subcontractor will permit such representatives to interview employees during working hours on the job. B. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 18o and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.9o5) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935)• (2) The CONSULTANT must comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the CONSULTANT did not comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal 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. 18o, 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 2023o64 Agreement -10 104 lower tier covered transactions. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired—(i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. (3) The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit CONSULTANTS 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 2023064 Agreement - 11 105 telecommunications equipment or services. (d) Reporting requirement. (i) In the event the CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.(2) The CONSULTANT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the CONSULTANT shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. G.Access to Records: The following access to records requirements apply to this contract: (1) The CONSULTANT agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to documents pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the CONSULTANT acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H.DHS Seal, Logo, and Flags: The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The CONSULTANT shall include this provision in any subcontracts. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The CONSULTANT will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. 2023064 Agreement - 12 106 J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. Affirmative Steps: If subcontracts are to be let, the prime CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(i)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. M. License and Delivery of Works Subject to Copyright and Data Rights: The CONSULTANT grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONSULTANT will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the CONSULTANT will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: INDIAN RIVER COUNTY By its Board of County Commissioners By Name Title Date Witness: By Printed Name By Joseph H. Earman, Chairman Date Approved by BCC: Attest: Ryan L. Butler, Clerk of Court And Comptroller By Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 2023064 Agreement -13 107 Exhibit 1 —Standard Rates 2023o64 Agreement -14 108 Exhibit 1 - Standard Rates 2023064 Ecological Consulting Services in Support of the Environmental Land Acquisition Bond Process PROPOSAL PRICING Proposer submits the following rates for the work described in this solicitation, in order of most -highly to least -highly utilized for this project: Jim Surdick; Senior Scientist $ 164.72 Peter NeSmith; Senior Scientist $ 164.72 Mark McManus; CAD/GIS Support $ 87.85 Bella Grezik; Scientist II $ 87.85 Tyler Leslie; Scientist II $ 87.85 Simon Corde ; Project Scientist $ 137.26 Laura NeSmith; Associate Planner $ 71.38 Niamh Meyler; Scientist I $ 76.87 Sonja Wilson; Document Production Specialist $ 76.87 Gary Schultz; Project Scientist $ 137.26 Sky Notestein; Senior Scientist $ 164.72 Eric Nelson; Senior Scientist $ 164.72 Paislee Peyton; Scientist I $ 76.87 Barry Vance; Senior Scientist $ 164.72 The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Water & Air Research, Inc. Name of Firm Authorized Signature President and CEO Title 07/21/2023 Date Signed 6821 SW Archer Road Address Gainesville, Florida. 32608 City, State, Zip Code ( 352 ) 372 - 1500 Ext. 178 Phone bvance@waterandair.com E-mail Page 11 of 18 109 Exhibit 1 - Standard Rates Ecological Associates, Inc. 2023064 Ecological Consulting Services in Support of the Environmental Land Acquisition Bond Process PROPOSAL PRICING Proposer submits the following rates for the work described in this solicitation, in order of most -highly to least -highly utilized for this project: Personnel Classification Hourly Rate j Biologist I $ 90 Field Technician $ 65 Senior Scientist $ 130 Hazardous Waste Specialist subcontractor $165 Prosect Manager __--- _--------- -- Biolo isg t !I .: s $ 150 120 Senior Scientist II $ 140 Principal $ 185 Environmental Monitor $ 55 _ Associate Scientist $ 150 Scientific Diver $ 195 $ ---- - - - $ The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown above all of the services specified in the RFP document, subject to all instructions, conditions, specifications and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. The Transit Group, Inc.. dba Ecological Associates, Inc. 1458 NE Sunyiew Terrace Name of Firm Address Jensen Beach, Florida 34957 prized Signature City, State, Zip Code President and Treasurer ( 772 ) 334-3729 Title Phone —711(/ J/ 1( `f -3 jil my5ecoloflical-associates.corn Date Sigr(ed / E-mail Page 11 of 18 44 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Chris Balter, Chief of Long -Range Planning DATE: September 12, 2023 SUBJECT: Authorize Initiation of the Consultant Selection Process for an Impact Fee Update It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting on September 26, 2023. DESCRIPTION AND CONDITIONS In order to address infrastructure costs associated with new growth, Indian River County has, since 1986, imposed traffic impact fees on new development. In 2005, the County adopted impact fees for eight additional services/facilities. The collection of those eight impact fees were reduced to six during the economic downturn when the County suspended the collection of three of the impact fee categories based on reduced needs. Despite the reductions, impact fees have generated considerable revenue for infrastructure expansion projects, and they continue to be among the largest single source of funding in Indian River County. On March 5`h, 2019, the Board of County Commissioners (BCC) approved Ordinance 2019-007, which requires an impact fee study to be completed every 5 years. Since the last impact fee study was conducted in 2019, staff drafted a Scope of Services for an impact fee study update. The scope of services contains activities including an update of the fee schedule for six (6) of the County's impact fees (the update will also evaluate/calculate the impact fees for currently suspended Correctional Facilities, Solid Waste Facilities, and Library Facilities, especially as it relates to solid waste facilities), an update of the local growth rate and the availability of "buy down" revenue used in the Affordable Growth model. Further, the scope requires the utilization of the latest available data to update impact fee variables and inputs, including utilization of data and land use categories from the current Edition of the Institute of Transportation Engineers Trip Generation Manual; an update of land acquisition and infrastructure costs; a review of existing levels of service (for non -traffic fee categories only); an update of impact fee credits; and development of an updated impact fee schedule(s) for both a full impact fee calculated rate and for reduced impact fees under the County's Affordable Growth model. 111 As with all impact fee updates, consultant expertise is needed. Staff has drafted the attached Scope of Services (Attachment 1) to update the County's impact fee ordinance and rate schedules (excluding the three discontinued impact fee categories), together with an update of the affordable growth model. Once the scope of services is approved by the Board, along with authorization to proceed with the update, staff will incorporate the scope into a formal request for qualifications (RFQ) document and initiate the consultant selection process. ANALYSIS Purpose of Impact Fees By definition, an impact fee is a one-time charge levied against new development for the purpose of financing the expansion of a capital facility. In Florida, impact fee requirements have evolved through various court decisions over the years and, in more recent years, have been specifically supported, authorized, and regulated by state statute (the "Florida Impact Fee Act" FS 163.31801). Impact fees are not taxes. For that reason, impact fees are subject to different rules than taxes. As with fees generally, impact fees must be structured such that the fee, which a feepayer pays, must be directly proportional to the benefit that the feepayer receives. Consistent with case law, impact fees must be used only for capacity -producing capital improvements necessitated by new growth. Impact fees may not be used for operation and maintenance expenses, nor may impact fees be used to correct existing deficiencies. Impact fees are thus intended to assign the burden of paying for a portion of new public capital facilities to new residents and businesses that use or benefit from the capital facility while at the same time assuring that new development does not reduce the quality of life for existing residents and businesses. As part of an impact fee program, quality of life is measured by establishing a level of service standard for each impact fee program category (such as traffic, parks, schools, and fire/EMS). Maintaining the level of service for a particular public facility/service results in maintaining the quality of life for existing and new residents. The level of service for each of the impact fee program categories is listed within the County's Comprehensive Plan as well as the County impact fee ordinance. Scope of Services As structured, the draft Scope of Services (Attachment 1) focuses on updating elements likely to have changed significantly since 2019, such as land and construction costs, grant funding, and other revenue data. On the other hand, fee variables such as trip length and trip generation rates will not be revisited in this scope largely because no new guidance has been issued, and no major changes have occurred since 2019 affecting those variables. Although some elements of previous updates will not be undertaken in this update, the attached scope does include an update of the local growth rate and the availability of "buy down" revenue used in the Affordable Growth model and resulting changes and updated policy options for fee OA 112 rates. Staff anticipates that changes in some components (such as the growth rate and facility costs) will push fees higher while other changes (such as the sales tax credit component and increased availability of "buy down" revenue resulting from the sales tax extension (approved by voters in 2016) will push fees lower. Staff also anticipates applying the same policy decisions made during the 2019 update to keep non-residential impact fee rates low. FINANCIAL IMPACT The consultant's fees will be paid from Impact Fees/Admin/Other Professional Services, Account # 10320415-033190 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the draft Scope of Services for the impact fee update and authorize staff to initiate the consultant selection process for the update. Attachment: 1. Scope of Services for Indian River County Impact Fee Update 3 113 Attachment 1 SCOPE OF SERVICES INDIAN RIVER COUNTY IMPACT FEE UPDATE INTRODUCTION: Indian River County is located on south central Florida's eastern coast. With a current population of approximately 150,000, the County has an urbanized coastal area and a rural western area. There are five incorporated municipalities in the County. These municipalities occupy approximately ten percent of the County's land area and accommodate less than thirty-five percent of the total County population. Consistent with this trend, most of the County's growth is occurring in the unincorporated area. In the last several decades, the County's growth rate has been significant. After exceeding 50% in the 1980s, the County's growth exceeded 20% in both the 1990s and 2000s. To address the infrastructure costs associated with new growth, the County instituted a countywide traffic impact fee program in 1986. Also in the 1980's, the County instituted water and sewer capacity charges within the County's water and sewer service area. Because of the amount of growth and development, the Board of County Commissioners, in 2005, approved impact fees for eight additional service/facility categories. These categories are: • Correctional Facilities (currently suspended)* • Solid Waste Facilities (currently suspended)* • Public Education Facilities • Libraries (currently suspended)* • Fire/Emergency Services • Law Enforcement • Public Buildings • Parks *In 2014, the County suspended the collection of Correctional Facilities, Solid Waste Facilities and Libraries impact fees after a determination was made that for some time the impact fees would not be used as a revenue source for those facilities. Those three impact fee categories remain suspended, but will be evaluated/calculated to better understand the financial impacts related to new development and growth, especially as it relates to solid waste facilities. Unlike many counties, Indian River County has an impact fee system that includes all four of the County's municipalities. Through interlocal agreements with the County, the municipalities collect impact fees within their jurisdictions and transmit those fees to the County. To cover that cost, the municipalities receive a portion of the impact fee administration charge. While some of the County's impact fees (traffic, corrections — currently suspended, solid waste — currently suspended, education, public buildings, and libraries — currently suspended) are imposed countywide, one fee (fire/EMS) is imposed countywide except for the Town of Indian River Shores (Indian River Shores is the only Attacient 1 municipality that does not participate in the County's Emergency Service District). The other fees (law enforcement and parks) are imposed only in the unincorporated county. According to the Indian River County Impact Fee Ordinance, every five years, the county will review its impact fees and decide whether or not to update and change the fee schedules to reflect current economic and development conditions. In June of 2017, three years after the year 2014 impact fee update, the Board of County Commissioners reviewed the impact fee schedules and decided to have the impact fee schedules updated in 2019. PURPOSE: The purpose of this project is to update the rates for six of the impact fee categories (not including water and sewer capacity changes, and not including impact fees for correctional facilities, solid waste facilities, and libraries) referenced above to account for changes to demand variables, credit characteristics, and land and construction costs. This project will also involve an update to the Affordable Growth Model based on a reexamination of growth rate assumptions and available "buy down" revenue and will recommend changes to the impact fees based on the County's ability to buy down those fees based on Board policy decisions. SCOPE OF ACTIVITIES: TASK 1— DATA COLLECTION AND ANALYSIS TASK 1.1 REVIEW OF THE COUNTY'S 2019 IMPACT FEE STUDY AND BACKGROUND DATA CONSULTANT shall review the County's most recent impact fee study report in order to become familiar with the impact fee formulas and methodologies used in computing Indian River County Impact Fee rates. The CONSULTANT shall also review the Affordable Growth Model used to recommend an appropriate "buy down" of impact fees to encourage non- residential development. The CONSULTANT shall use the inventories included in the 2019 study and any updates to those inventories since then for all six impact fee program areas, with the exception of public schools. The public education facilities inventory will be updated to reflect most recent FISH capacities; enrollment figures, enrollment trends, and student generation rates will be analyzed. Public education administrative, maintenance, and fleet inventories can be based on those contained in the 2019 study. 14 115 TASK 1.2 TRANSPORTATION COST DATA COLLECTION The CONSULTANT shall review the Indian River County MPO 2040 Cost Feasible Plan and identify which improvements on that plan have not been constructed as well as the actual costs of construction and right-of-way acquisition for roadway projects completed in Indian River County in the last five (5) years or currently under construction. The CONSULTANT shall use this information in identifying an average unit cost for the provision of various construction components, including right-of-way costs; per -lane -mile roadway construction costs; bridge construction costs; safety improvement costs (such as lighting, signage, and pavement markings); and any other cost elements necessary to obtain a complete and accurate update of project cost. All cost information for transportation facilities will be reviewed by the consultant against costs for similar construction and development used in other jurisdictions. Where appropriate, industry and comparable data will be used to supplement or modify the local data. TASK 1.3 NON -TRANSPORTATION COST DATA COLLECTION For each non -transportation facility/service category referenced above, CONSULTANT shall coordinate with applicable departments, agencies, the school district and the property appraiser's office to compile current information (last 12 months) regarding land and construction costs. Specific information collected/documented shall include: • Recent land sales for properties that meet the size and location criteria appropriate for each facility/service category. This information shall, for each land sales transaction, include: Total cost of property Per acre cost of property • Recent construction projects for each service facility category. For each project, information collected shall include: Design Cost Construction Cost, including landscape and hardscape site improvements Engineering and Inspection Costs • Bids received, contracts awarded, or engineer's cost estimates for applicable projects not yet completed. Current construction cost indices for service facility categories. Historic capital costs/facility inventory lists (total costs and unit costs). Programmed and Planned capital costs. 116 All cost information for non -transportation facilities will be reviewed by the consultant against costs for similar construction and development used in other jurisdictions. Where appropriate, industry and comparable data will be used to supplement or modify the local data. TASK 1.4 REVENUE IDENTIFICATION CONSULTANT shall update recent historic and projected capital improvement funding sources, including: Revenue sources for capital expenditures including, but not limited to, the recent local option sales tax extension (and its anticipated use in funding capital for impact fee category capital items), local option gas tax, state grants, and federal grants. Revenue source amount projections by source. Debt Service for Bond Proceeds used for capital construction. TASK 1.5 CREDIT COMPONENT Using the data collected in Tasks 1.2 through 1.4, CONSULTANT shall determine a net impact cost per resident for each non -transportation impact fee facility/service category. This task will involve, but may not be limited to, calculating: • Capital Improvements credit per resident. • Effective vacant land value percentages, taking into account taxable values of vacant land and total property value for the County. • Revenue credit per resident for past property taxes. The CONSULTANT shall also adjust traffic impact fee credits, with an emphasis on the share of Local Option Sales Tax funds allocated to highway projects since 2009. TASK 2 — METHODOLOGY TASK 2.1 UPDATE OF THE AFFORDABLE GROWTH MODEL As part of this Task, CONSULTANT will update the Affordable Growth model that provides flexibility in the levels of impact fees by area or land use and assists the COUNTY in developing incentives to encourage the desired types of future development. Historical and projected population growth rates will be evaluated to update the level of growth incorporated into the model. Based on the results of the updated credit component, available revenue flows will be updated to determine the COUNTY'S ability to buy down fees through this method. Results of this task will be summarized in the draft technical report. 4 117 TASK 3. UPDATED FEE SCHEDULE TASK 3.1 ADMINISTRATION REVIEW AND ADMINISTRATION FEE UPDATE CONSULTANT shall review current procedures and estimate staff time associated with administering the existing impact fee program. Based on that review, CONSULTANT shall determine the annual costs for administering the impact fee program and shall prepare an update of the administration fees as appropriate. That update shall comply with applicable state requirements for establishing impact fee administrative charges. TASK 3.2 FEE SCHEDULE PREPARATION For each facility/service category, CONSULTANT shall coordinate with COUNTY staff to prepare updated fee schedules. The updated schedules must reflect the preferred policy and other alternatives selected by COUNTY, as appropriate. The revised fee schedules will incorporate all relevant updated land acquisition and construction cost data; updated impact fee credit data; and updated independent variable data, as appropriate. The fee schedules will be informed by the Affordable Growth model and may entail revised impact fee formulas, where revision of those formulas have been proposed by CONSULTANT and found acceptable to the COUNTY. TASK 4 —FINAL REPORT TASK 4.1 PUBLIC HEARINGS AND MEETINGS CONSULTANT shall attend three in-person meetings/workshops/public hearings for consideration and adoption of the revised impact fees. At the meetings/workshops, CONSULTANT shall present the proposed impact fees and explain the methodology employed to develop the fees. CONSULTANT shall prepare all presentation material, including Power Point presentations, presentation boards, and handouts. On scheduled in-person meeting/workshops/hearing dates, CONSULTANT shall also schedule separate in-person meetings with staff to review progress on tasks and discuss project status. In addition to these meetings/hearings, CONSULTANT shall attend one kickoff conference call and one conference call to review the draft report. TASK 4.2 DOCUMENT PREPARATION CONSULTANT shall compile information from TASKS 1 - 3 and incorporate that information into a draft report and provide that report to the County in PDF and Word formats, and provide Excel spreadsheet files with formulas (as applicable). The report will include all information, estimates, projections, analysis, assumptions made, and methodologies employed to complete the tasks. The report shall include all relevant information in the principal document, with other information/data incorporated in technical appendices, including a comparison of impact fee 5 118 rates used in other counties. After COUNTY review, CONSULTANT shall make necessary revisions to the draft and transmit the final report to COUNTY. TASK 5 — IMPACT FEE UPDATE REOUIREMENTS AND PROVISIONS OF WORK TASK 5.1 PROJECT SCHEDULE The schedule for completion for the project will be a maximum of nine (9) months from the date of issuance of the Notice to Proceed. Prior to COUNTY'S issuance of a Notice to Proceed, CONSULTANT shall prepare a schedule of calendar deadlines for deliverables. TASK 5.2 PROGRESS REPORTING AND INVOICING CONSULTANT shall on a monthly basis provide COUNTY with written progress reports describing the work performed on each task. Also on a monthly basis, CONSULTANT shall submit one originally signed copy of an invoice package to the COUNTY'S Project Manager. Judgment on whether work of sufficient quality and quantity has been accomplished will be made by the COUNTY'S Project Manager using a comparison of reported percent work completed against actual work accomplished. 119 m INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich Jr., County Administrator PREPARED BY: Patrick J. Murphy; Senior Planner, Current Development DATE: September 15, 2023 SUBJECT: Tanner Joseph Willing and Briana J. Simmons's Request for Affidavit of Exemption (AOE) Approval with Dedications to the County for the Fadden AOE [AOE-21-02-01 / 2001020049-88470] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of September 26, 2023. DESCRIPTION. CONDITIONS. & ANALYSIS: Masteller, Moler & Taylor, Inc., on behalf of Tanner Joseph Willing & Briana J. Simmons, applied for an Affidavit of Exemption (AOE). The project consists of two (2) lots on 9.72 acres of land situated on the north side of 49`h Street, approximately one-half mile west of 66th Avenue (see Attachment 1). The property is zoned A-1, Agricultural -1 (up to 1 unit/5 acres), and has an AG- A, Agricultural -1 (up to 1 unit/5 acres) future land use designation. During the AOE development review process, Public Works staff indicated that limited access easements will be required along the project's 49' Street frontage, except for one (1) shared driveway that will provide access to both lots. The existing dirt driveway, which serves both lots, is located within a proposed 40' wide access easement. In addition, 30' of right-of-way (ROW) will be dedicated for 40 Street to complete the 60' wide local road ROW minimum. This additional 30' is being dedicated to the County as Tract A. The purpose of the limited access easements is to control the number of driveway connections to the publicly owned and maintained right-of-way (49th Street). Dedication of the limited access easements to the Board will allow the County to enforce the use of the common entrance connection to 49th Street for both lots within the Fadden AOE. Normally an AOE may be approved at the staff level; however, dedication of 5' limited access easements and dedication of 30' of land for 49th Street ROW to the Board, requires Board acceptance of the easements and ROW. Once accepted by the Board, staff may concurrently approve the AOE, and the appropriate documents may be recorded in the public records. 120 The recordable Fadden AOE plan accurately depicts the required ROW dedication and limited access easements, and also includes the appropriate dedication language. The proposed layout of the AOE has been reviewed by staff, including Public Works, and is acceptable. Also, the dedication language has been reviewed and approved by the County Attorney's office. The Board may now consider acceptance of the dedication of the limited access easements and ROW from the property owner as part of the AOE approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the dedication of the limited access easements and ROW, and authorize the chairman to execute the Fadden Affidavit of Exemption. ATTACHMENTS: 1. Location Map 2. Affidavit of Exemption Layout 121 OLO'. n um 4n atm F o�m F , I al H (08 90-YNOw)nH H199— all i 99 5 4`9 e e aR� V/ ei see u n um 4n atm mw o�m , q'tU ILA 04A .4'm bLA {n 0m� s s F zE� i tuo Y C m _ NBI HiOL M a w m 14 z£ O c > r�S 3OHNOM AV W H199 Q a C 00 LL z LL CL vtvev 5� x R O � Q J } W 0m� s s F zE� i tuo Y C m _ NBI HiOL M a w m 14 z£ O c > r�S ° 3 a 4 G 00 LL z q� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Andrew Sobczak, Interim Community Development Director DATE: September 18, 2023 SUBJECT: Authorization to Initiate the Consultant Selection Process for an Urban Service Boundary Study It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting on September 26, 2023. DESCRIPTION AND CONDITIONS In 1990, Indian River County established an Urban Service Boundary (USB) primarily located east of Interstate 95. While areas inside of the boundary can be served by county water and wastewater, areas outside cannot. Lands inside of the USB are zoned for residential, commercial, and industrial uses, and represent the urban area of the unincorporated county. Lands outside of the USB include agricultural and conservation -zoned lands, representing the rural area of the unincorporated county. The county's comprehensive plan and future land use map direct residential, commercial, and industrial growth towards properties within the urban service boundary. This approach ensures efficient and cost- effective investment in infrastructure, while promoting generally compact urban development. Since its establishment, the USB has served as an effective boundary to urban growth. L\J A &ICil Since 1990, the USB has remained largely unchanged. Through time, and several spikes in residential development, the land within the USB has developed considerably. Within the last year or so, the volume of questions and inquiries from land owners, developers, and other interested groups regarding moving the USB have increased significantly. In addition, major roadway improvements (including the new I-95 Interchange at Oslo Road now under construction) have been completed that span areas outside of the USB. For these reasons, a study of the USB with regards to if/how/when/where it should be moved is warranted. The study should be completed by a professional consultant with experience in analyzing urban service boundaries, urban growth, and should include a significant public participation component. 1 125 Since moving the USB impacts the community as a whole, emphasis should be placed on obtaining public input through workshops and other means. FUNDING Funding for the study will be provided by a budget amendment from MSTU/Cash Forward to MSTU/Planning/Other Professional Services, Account # 00420515-033190. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize staff to initiate the RFP process to select a consultant to complete the USB study. 0) 126 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich Jr., County Administrator PREPARED BY: Andrew Sobczak, Interim Community Development Director DATE: September 18, 2023 SUBJECT: Acceptance of a Florida Department of Environmental Protection (FDEP) Grant to Update the County's Vulnerability Assessment Study DESCRIPTION & CONDITIONS In 2019, County staff successfully submitted a grant application to the Florida Department of Environmental Protection (FDEP) to complete a sea level rise analysis and vulnerability assessment covering critical property, infrastructure, and communities in Indian River County. In 2021, the grant - funded study was completed and the final report was issued. Shortly after the project was closed out, new statutory requirements under Section 380.093 F.S. took effect, and in order to be compliant with the new requirements, the County's vulnerability assessment study must be updated. ANALYSIS In 2022, County Staff submitted a FDEP Resilient Florida Grants program application to update the County's vulnerability assessment by making it compliant with statute, and also to improve upon the previous study's level of analysis. In early 2023, staff was notified that the grant application was successful, and the County would be awarded $248,675.00 to complete the updated study. To move forward with the project, the State of Florida Department of Environmental Protection Standard Grant Agreement must be executed by the County Administrator. Following approval of the grant agreement, staff will initiate the RFP process to procure a consultant to complete the study. FUNDING Funding for the grant will be provided by a budget amendment of $248,675.00 to the revenue account MSTU/ DEP/ Comp Vulnerability Grant, Account # 004033-334301-23047, and to the expense account MSTU/Natural Resources/Env.Planning / Other Professional Services/Comprehensive Vulnerability Assessment, Account # 00423137-033190-23047. RECOMMENDATION Staff recommends that the Board of County Commissioners authorize the County Administrator to sign the standard grant agreement, and authorize staff to proceed with the consultant selection process. 1 127 ATTACH M E NTS 1. Letter of Support for the Grant Application from the BCC Chairman 2. Standard Grant Agreement 128 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Indian River County Comprehensive Vulnerability Assessment 23PLN15 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Grantee Address: 180127th Street Vero Beach, Florida 32960 FEID: 59-6000674 (Grantee) 3. Agreement Begin Date: Date of Expiration: 7/1/2022 6/30/2025 4. Project Number: Project Location(s): Indian River County, Florida (If different from Agreement Number) Project Description: The project will conduct a comprehensive Vulnerability Assessment pursuant to Section 380.093, Florida Statutes, for Indian River County. 5. Total Amount of Funding: Fundin Source? Award #s or Line Item Appropriations: Amount $248,675 .00 2 State ❑ Federal FY 22-23 GAA 1776 $ ❑ State ❑ Federal $ ❑ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 248,675.00 6. Department's Grant Manager Grantee's Grant Manager Name: Jeremy Jimenez Name: Andrew Sobczak or successor Address: Resilient Florida Program 2600 Blair Stone Road, MS235 Tallahassee, Florida 32399 Phone: 850-245-8335 Address: Indian River County 180127th Street, Building A Vero Beach, Florida 32960 Phone: 772-226-1258 or successor Email: Jeremy.D.Jimenez@FloridaDEP.gov Email: asobczak@indianriver.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements R Attachment 2: Special Terms and Conditions R Attachment 3: Grant Work Plan [i] Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements R Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at https://facts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): 0 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form El Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo Z Exhibit J: Common Carrier or Contracted Carrier Attestation Form PURI 808 El Additional Exhibits (if necessary): Exhibit F: Final Report Form, Ea6@h G: Photographer Ret u Form, Exhibit H: Contractual Services Ceraficatlon. Ezbibh I: Wnerabahy Apeesment CompHanu Chechha Certlacaaon DEP Agreement No. 23PLN15 1�0 6/23/23 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a (1): Federal Award Identification Numbers F Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Indian River County U-71 (Authorized Signature) John Titkanich, County Administrator Print Name and Title of Person Signing State of Florida Deuartment of Environmental Protection LM GRANTEE Date Signed DEPARTMENT Secretary or Designee Date Signed Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing 0 Additional signatures attached on separate page. DEP Agreement No. 23PLN15 131 6/23/23 ORCP Additional Signatures DEP Grant Manager, Jeremy Jimenez DEP QC Reviewer, Charles Neuhauser Grantee may add additional signatures below, if needed. 132 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parries. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 11/14/2022 133 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev. 11/14/2022 134 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state-agencies/reference-guide-for-state- expenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. f. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfioridacfo.com/division/aa/vendors/ . j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its k. share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3of12 Rev. 11/14/2022 135 a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in Chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with Section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4of12 Rev. 11/14/2022 136 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. Attachment 1 5of12 Rev. 11/14/2022 137 b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6of12 Rev. 11/14/2022 138 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev. 11/14/2022 139 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 11/14/2022 140 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F. S., except that pursuant to the requirements of Section Attachment 1 9of12 Rev. 11/14/2022 141 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 27. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer o£ (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: hM://dos.myflorida. comAibM-archives/records-management/general-records-schedules. 28. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\Ws.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipienfs, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. Attachment 1 10 of 12 Rev. 11/14/2022 142 i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned funis that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Attachment 1 11 of 12 Rev. 11/14/2022 143 Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 36. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 11/14/2022 144 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.23PLN15 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Indian River County Comprehensive Vulnerability Assessment. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. 8. Insurance Requirements Attachment 2 1 of 3 Rev. 10/11/2022 145 Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. Subcontracting is not permitted under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution] If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. Attachment 2 2 of 3 Rev. 10/11/2022 146 Documentary Evidence Requirement for Subcontractor( If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Attachment 2 3 of 3 Rev. 10/11/2022 147 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.23PLN15 ATTACHMENT 3 PROJECT TITLE: Indian River County Comprehensive Vulnerability Assessment PROJECT LOCATION: The Project is located in Indian River County, Florida. PROJECT DESCRIPTION: Indian River County (Grantee) will complete the Indian River County Comprehensive Vulnerability Assessment Project (Project) to include a comprehensive Vulnerability Assessment (VA) pursuant to Section 380.093, Florida Statutes (F.S.). The Project will include public outreach and stakeholder engagement. Task 1: Internal Coordination Meetings Description: The Grantee will host internal meetings between the project team and county staff as necessary at key milestones throughout the project to be determined. The Grantee will prepare all meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 1.1: meeting agendas to include location, date, and time of meeting; • 1.2: meeting sign -in sheets with attendee names andaffiliation; and • 1.3:a copy of the presentation(s) and any materials created for distribution at the meeting, as applicable; and • 1.4: a summary report including attendee input and meeting outcomes. Task 2: Acquire Background Data Description: The Grantee will research and compile the data needed to perform the VA based on the requirements as defined in Section 380.093, F.S. Three main categories of data are required to perform a VA: 1) critical and regionally significant asset inventory, 2) topographic data, and 3) flood scenario -related data. GIS metadata should incorporate a layer for each of the four asset classes as defined in paragraphs 380.093(2)(a)1-4, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. Sea level rise projection data shall include the 2017 National Oceanic and Atmospheric Administration (NOAA) intermediate -high and intermediate -low projections for 2040 and 2070, at a minimum. Other projections can be used at the Grantees discretion. Storm surge data used must be equal to or exceed the 100 -year return period (1% annual chance) flood event. In the process of researching background data, the Grantee shall identify data gaps, where missing data or low -quality information may limit the VA's extent or reduce the accuracy of the results. The Grantee shall rectify any gaps of necessary data. Deliverables: The Grantee will provide the following: • 2.1: a technical report to outline the data compiled and findings of the gap analysis; DEP Agreement No.: 23PLN15 Page 1 of 4 Rev. 2.14.23 148 • 2.2: a summary report to include recommendations to address the identified data gaps and actions taken to rectify them, if applicable; and 3) GIS files with appropriate metadata of the data compiled, to include locations of critical assets owned or maintained by the Grantee as well as regionally significant assets that are classified and as defined in paragraphs 380.093(2)(a)1-4, F.S. Task 3: Exposure and Sensitivity Analyses Description: The Grantee will perform an exposure analysis to identify the depth of water caused by each sea level rise, storm surge, and/or flood scenario. The water surface depths (i.e. flood scenarios) used to evaluate assets shall include the following data: tidal flooding, current and future storm surge flooding, rainfall -induced flooding, and compound flooding, all as applicable, as well as the scenarios and standards used for the exposure analysis shall be pursuant to s. 380.093, F.S. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. The Grantee will perform the sensitivity analysis to measure the impact of flooding on assets and to apply the data from the exposure analysis to the inventory of critical assets created in the Acquire Background Data Task. The sensitivity analysis should include an evaluation of the impact of flood severity on each asset class and at each flood scenario and assign a risk level based on percentages of land area inundated and number of critical assets affected. Deliverables: The Grantee will provide the following: • 3.1: a draft VA Report that provides findings of the exposure analysis and the sensitivity analysis, and includes visual presentation of the data via maps and tables, based on the statutorily -required scenarios and standards and details on the modeling process, type of models utilized, and resulting tables and maps illustrating flood depths for each flood scenario; • 3.2: an initial list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset and • 3.3: GIS files with results of the exposure analysis for each flood scenario as well as the appropriate metadata that identifies the methods used to create the flood layers. Task 4: Public Presentation and Outreach Meeting Description: The Grantee will present the VA results in two meetings to local governing boards, technical committees, or other appropriate officers and elected officials. The purpose of the presentations is to share the findings from the VA and gain feedback for input into the planning process. The meetings will also allow the public to provide community -specific input on the results of the analyses and to reconsider methodologies and assumptions used in the analysis for refinement. Additionally, during these meetings, the Grantee will conduct exercises to encourage the public to prioritize focus areas of flooding, and the critical assets in preparation for later development of adaptation strategies and project development. Criteria should be established to guide the public's input for the selection of focus areas. The Grantee will prepare all social media notifications, meeting invitations, meeting materials, presentations, and graphics utilized during the meeting, as applicable. Deliverables: The Grantee will provide the following: • 4.1: meeting agendas to include location, date, and time of meeting; • 4.2: meeting sign -in sheets with attendee names and affiliation (i.e. local stakeholder, resident, steering committee member, local government staff); • 4.3: a copy of the presentation(s) and any materials created in preparation of or for distribution at the meeting (i.e. social media posts, public announcements, graphics), as applicable; DEP Agreement No.: 23PLN15 Page 2 of 4 Rev. 2.14.23 149 • 4.4: a copy of the file or weblink of the video or audio recording from the meeting, if applicable; and • 4.5: a summary report including attendee input and meeting outcomes, to include defining focus areas recommended by the community. Task 5: Final Vulnerability Assessment Report, Maps, and Tables Description: The Grantee will finalize the VA Report pursuant to the requirements in s. 380.093, F. S., and based upon and public outreach efforts. The final VA must include all results from the exposure and sensitivity analyses, as well as a summary of identified risks. It should contain a list of critical and regionally significant assets that are impacted by flooding and sea -level rise, specifying for each asset the flood scenario(s) impacting the asset. GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (Exhibit 1), and raw data sources shall be defined within the associated metadata. Deliverables: The Grantee will provide the following: • 5.1: Final VA Report that provides details on the results and conclusions, including illustrations via maps and tables, based on the statutorily -required scenarios and standards in s. 380.093, F.S.; • 5.2: a final list of critical and regionally significant assets that are impacted by flooding. The list of critical and regionally significant assets must be prioritized by area or immediate need and must identify which flood scenario(s) impacts each asset.; • 5.3: all electronic mapping data used to illustrate flooding and sea level rise impacts identified in the VA, to include the geospatial data in an electronic file format and GIS metadata; and • 5.4: a signed Vulnerability Assessment Compliance Checklist Certification. PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Grantee must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s) and will provide written acceptance or denial of the deliverable(s) to the Grantee within ten (10) working days. Upon written acceptance by the Department's Grant Manager of deliverables under the task, the Grantee may proceed with the payment request submittal. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's full completion of a task, the Grantee may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently than quarterly and must be made using Exhibit A, detailing all work progress made during that payment request period, and Exhibit C. Upon the Department's receipt of Exhibit, A and C, along with all supporting fiscal documentation and deliverables, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. DEP Agreement No.: 23PLN15 Page 3 of 4 Rev. 2.14.23 150 PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. Task Task Title Budget DEP Match Total Task Start Task Due No. Category Amount Amount Amount Date Date 1 Internal Coordination Contractual $15,875 $0 $15,875 7/1/2022 3/31/2025 Meetings Services 2 Acquire Background Contractual $20,000 $0 $20,000 7/1/2022 3/31/2025 Data Services 3 Exposure and Contractual $59,400 $0 $59,400 7/1/2022 3/31/2025 Sensitivity Analyses Services Public Presentation Contractual 4 and Outreach $16,000 $0 $16,000 7/1/2022 3/31/2025 MeetingServices Final Vulnerability Contractual 5 Assessment Report, Services $137,400 $0 $137,400 7/1/2022 3/31/2025 Maps, and Tables Total: $248,675 $0 $248,675 DEP Agreement No.: 23PLN15 Page 4 of 4 Rev. 2.14.23 151 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. servicesAfloridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 loft Rev. 4/27/2018 152 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.gov/content/assistance-listings. Attachment 5 1 of 7 BGS -DEP 55-215 revised 11/8/2022 153 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at https:H=s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at http://www.leg.statc.fl.us/Welcome/indcx.cfin, State of Florida's website at htip://www.myflorida.com/, Department of Financial Services' Website at hM://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBNIISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 7 BGS -DEP 55-215 revised 11/8/2022 154 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hM://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(a)dep.state. flus B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (httn://flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(.@dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 7 BGS -DEP 55-215 revised 11/8/2022 155 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4 of 7 BGS -DEP 55-215 revised 11/8/2022 156 rl H 0 W ai t- tn wo O O N O y �U �U � v�y� 7 p Q Q UVJ W � fyq O O �U •y Q Q y a w y y 0�. w � a w o O N o N o W .A A o U U a O U 8 d d7 'Pa 7ti d Fn d Qz U Qz U U U a a U a U U U q wd w O+y+ N In Y W W a O li N Y Y .pc d b o pq d w44 d wa �o � � w 3 w w d 41 sem. h wa wwa ai t- tn wo N O y yN P p � v�y� 7 p axJ Q UVJ W � fyq �U •y N w y a y y 0�. � a w o w cr o � o � iii U iii U U U U U U U q wd w O+y+ N In Y W W w O li N Y Y .pc d b o pq w44 wa ai t- tn wo E 0 a x of 0 0 • o 00 l� Y • o rn O � O � rn Ocy dU Q U ¢� i. � d E d b4 r. bdc L �D 40. w 00 w y 6> i.i 7 O a ol b a o � F' e ° w O w c wrA c rA rA a 0 U U U e su, I Q �i YA 44 00 o ¢ d A M A � ^J iy. a N a ..r u a N d d ¢ yy, w w ami b b b ..tea w Q 4r O w d N to y d a a y a+ .d end en P7 Awa � wa W x of � A w U bj q ooU w�� �g A O r) 5 0 Of 00 O y 0� � O ti N U to O y v� e M to oma'0 �+ o ¢ U �' y � u cn F � ori � '� .•. y d U v .0 it y U Q �a o .d M o'er 01 d � ..o° � •o ami � v� � � U c �z ao 0 enU e0 N Ztsy 3U'o^ z . C � .O 113 L) 44 � 0��j O a+ • �' �r o o ori > U O +�+ a~ w°gun C 00 M ro 0 0 y •f•'� O 00 l� y •r O hc ¢' 0 V)O O � b4 " Q% � O U U ¢� w tz O� O O �D bc 00 6l rA 0 u O a aA '� A e ° w c wrA c U U O h I Q 0 44 00 e vzOx M Uz Q H N a00 N O yy, w w a b ..tea Q 4r O N to � a a cl W L WrAPC a> q Qa � A w U bj q ooU w�� �g A O r) 5 0 Of 00 O y 0� � O ti N U to O y v� e M to oma'0 �+ o ¢ U �' y � u cn F � ori � '� .•. y d U v .0 it y U Q �a o .d M o'er 01 d � ..o° � •o ami � v� � � U c �z ao 0 enU e0 N Ztsy 3U'o^ z . C � .O 113 L) 44 � 0��j O a+ • �' �r o o ori > U O +�+ a~ w°gun C 00 M ro ai 0� �n STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 Sea Level Impact Projection Study Requirement. If the project is within the designated area, pursuant to Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published on the Department's website for at least thirty (30) days before construction can commence. This rule went into effect July 1, 2021, and applies to certain state -funded construction projects located in the coastal building zone as defined in the rule. 2. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 3. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as "508 Compliant," in all formats provided. 4. Copyright, Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 5. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation, and settlement agreements. 6. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department's logo (which can be found on the Department's website at: https:Hfloridadep.gov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the month and year of the publication. 7. Final Project Report. The Grantee must submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. Rev. 2.9.23 Attachment 6 Page 1 of 2 160 8. Project Photos. The Grantee must submit Exhibit G, Photo Release Form, with the first submission of deliverables and reports (Exhibit A and F) that include photos. 9. Contractual Services. For all grant agreements that include Contractual Services as an expenditure category, the Grantee must submit Exhibit H, Contractual Services Certification, and all required supporting documentation for all contractors conducting work under the grant agreement, prior to requesting payment that includes contractual services. 10. Vulnerability Assessments. For all Planning grant agreements (Resilient Florida Grant Program and Regional Resilience Entities), the Grantee must submit Exhibit I, Vulnerability Assessment Compliance Checklist Certification, with the final grant deliverable(s). 11. Geographic Information System (GIS) files and associated metadata. All GIS files and associated metadata must adhere to the Resilient Florida Program's GIS Data Standards (found on the Resilient Florida Program website: hgps://floridadep. oy/ro/resilient-florida-progrram/documents/resilient-floridnrogram- isg data - standards , and raw data sources shall be defined within the associated metadata. 12. State and Local Fiscal Recovery Funds. For all grant agreements funded with the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act, the Grantee must submit the SURF Reporting Requirements Form upon execution of the grant agreement. 161 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT A PROGRESS REPORT FORM The current Exhibit A, Progress Report Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit A that occur during the grant agreement period. https:Hfloridadep.gov/Resilient-Florida-Prop,ram/Grants Exhibit A, Page 1 of 1 Rev. 1/13/2023 162 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. httys://floridadep.gov/Resilient-Florida-Prop,ram/Grants 163 EXHIBIT F DEP AGREEMENT NO.23PLN15 INDIAN RIVER COUNTY COMPREHENSIVE VULNERABILITY ASSESSMENT Indian River County Final Project Report s 9 PAR4. O` Insert Month & Year This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 23PLN15 Page 1 6/30/2023 164 Part I. Executive Summary Part H. Methodology Part M. Outcome Include the following: 1) evaluation ofproject's ability to meet goals and expected performance measures and provide explanation for why goals were not met, if applicable; 2) identify successful outcomes, areas for improvement, and quantifiable metrics (including the assigned metric in Exhibit A, if applicable) as a result of the project; and 3) final project photos, if an implementation construction project. Part IV. Further Recommendations Instructions for completing Exhibit F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 23PLN15 Page 2 6/30/2023 IV& Q' pEP4 R,MF Florida Department of Environmental Protection O EXHIBIT G z Z �Q PHOTOGRAPHER RELEASE FORM ory"'010AL 4pO4t FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 23PLN15 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Phone Number: ( ) Email: License and Indemnification Zip: I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission 11/19/2021 Exhibit G, DEP Agreement M 23PLN15 Page 1 of 1 Date: 166 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 23PLN 15 Project Title: Indian River County Comprehensive Vulnerability Assessment Grantee: Indian River County Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date 167 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM VULNERABILITY ASSESSMENT COMPLIANCE CHECKLIST CERTIFICATION Exhibit I Required for all planning grant agreements. DEP Agreement Number: 23PLN15 Project Title: Indian River County Comprehensive Vulnerability Assessment Grantee: Indian River County In accordance with subsection 380.093(3), F.S., the following components, scenarios, data, and information are required for a comprehensive Vulnerability Assessment (VA). The checklist must be completed and submitted with the final VA Report deliverable, pursuant to Attachment 3, Grant Work Plan. The Grantee must abide by the Department's GIS Data Standards found on the Resilient Florida Program webpage at the link below: https:Hfloridadep.gov/rcp/resilient-florida-programldocuments/resilient-florida-program-gis-data- standards Part 1— Subparagraph 380.093(3)(c)2., F.S. Item Check if Page Reference ID Included Item Description in VA Report (if a licable) ❑ Final Vulnerability Assessment Report that provides details on a ❑ the results and conclusions, including illustrations via maps and tables. All electronic mapping data used to illustrate flooding and sea level rise impacts that are identified in the VA must be provided in the format consistent with the Department's GIS Data Standards and include the following three 3) items: b Geospatial data in an electronic file format. c ❑ GIS metadata. List of critical assets for each jurisdiction, including regionally d ❑ significant assets, that are impacted by flooding and sea level rise. The list must be prioritized by area or immediate need and must identify which flood scenarios impacts each asset Part 2 — Subparagraphs 380.093(3)(d)1. and 380.093(3)(d)2., F.S. Item Check if Page Reference ID Included Item Description in VA Report if applicable) ❑ Peril of Flood Compliance Plan amendments developed that e address paragraph 163.3178 2 F.S., if applicable. Exhibit I 1 of 3 Rev. 1/18/2023 168 Part 3 — Subparagraph 380.093(3)(d)3., F.S. Item Check if ❑ Not applicable ❑ Already in compliance Page Reference in VA Report f ❑ Depth of tidal flooding, including future high tide flooding, if applicable) o ❑ using thresholds published and provided by the Department. To the extent practicable, analysis geographically displays the g ❑ number of tidal flood days expected for each scenario and P ❑ planning horizon. (optional) Depth of current and future storm surge flooding using publicly h ❑ available NOAA or FEMA storm surge data. (check one) q ❑ NOAA data ❑ FEMA data i ❑ Initial storm surge event equals or exceeds current 100 -year flood event. ❑ Higher frequency storm analyzed for exposure of a critical asset. s ❑ (optional, but must provide additional detail if included To the extent practicable, rainfall -induced flooding was k ❑ considered using spatiotemporal analysis or existing hydrologic and hydraulic modeling results. (required if item a is not applicable) 1 ❑ Future boundary conditions have been modified to consider sea level rise and high tide conditions. (optional) m ❑ Depth of rainfall -induced flooding for 100 -year storm and 500 - ear storm event. (required if item a is not applicable) To the extent practicable, compound flooding or the n ❑ combination of tidal, storm surge, and rainfall -induced flooding. (optional) Part 3 — Subparagraph 380.093(3)(d)3., F.S. Item Check if Item Description Page Reference in VA Report ID Included if applicable) o ❑ All analyses performed in North American Vertical Datum of 1988. Includes at least two local sea level rise scenarios, which must P ❑ include the 2017 NOAA intermediate -low and intermediate - high sea level rise projections. ❑ Includes at least two planning horizons, which must include q ears 2040 and 2070. r ❑ Utilizes local sea level data that has been interpolated between the two closest NOAA tide gauges. Local, publicly available, sea level data was taken from one of s ❑ the two closest NOAA tide gauges, which must be the gauge with the highest mean sea level (f so, provide Department approval). Exhibit I 2of3 Rev. 1/18/2023 169 Identify all counties and municipalities that are included in this Vulnerability Assessment: Indian River County I certify that, to the Grantee's knowledge, all information contained in this completed Vulnerability Assessment Compliance Checklist is true and accurate as of the date of the signature below. Grantee's Grant Manager Signature Exhibit I 3 of 3 Rev. 1/18/2023 Print Name Date 170 COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. Name of Common Carrier or contracted carrier is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Signature: Date: PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. 171 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation M CONSENT AGENDA BCC Meeting September 26, 2023 Date: September 19, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director/Parks and Recreation Director From: Joe Tilton, Recreation Manager Subject: Work Order Number 25, Amendment No. 3 — Continuing Engineering Services RFQ 2018008 — Renewal and Amendment No. 1 Hobart Park Restroom Connections and Utility Service Plans Revisions BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley- Horn and Associates, Inc. On May 18, 2021, Renewal and Amendment No. 1 was approved for continuing engineering services. On November 5, 2019, the Board of County Commissioners approved Work Order Number 25 for Kimley-Horn and Associates, Inc. in the amount of $12,500.00 for the design and engineering of sanitary sewer line connections to an existing restroom (east) and the design and engineering associated with relocation and construction of a new restroom (west) at Kiwanis Hobart Park. On August 16, 2022, the Board approved Amendment Number 1 to Work Order 25 in the amount of $13,100.00 to update the site plan, paving and grading plan, utility plan, and all detail sheets. On December 20, 2022, the Board approved Amendment 2 to Work Order 25 in the amount of $3,500.00 to provide for modifications of plans to update the site plan, paving and grading plan, utility plan, and all detail sheets. Amendment No. 3 to Work Order Number 25 in the amount of $6,925.00 will provide for Bid Document Preparation, Pre -Bid Meeting, Pre -Construction Conference, Construction Meetings, Site Visits, Shop Drawings and Sample Reviews, Final Notice of Acceptability of Work as provided in the attached scope of work. Service Cost 172 Bid Document Preparation and Meeting $725 Construction Meetings $1,160 Site Visits $2,175 Shop Drawings and Sample Reviews $725 Final Notice of Acceptability of Work $2,140 Total $ 6,925 FUNDING: Funding for Amendment No. 3 to Work Order Number 25 is budgeted and available in the Parks and Recreation Impact Fees/Parks/Hobart Park Restroom account number 10321072- 066390-18013, in the amount of $6,925.00. RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 25, Amendment No. 3 for Construction Administrative Services for the Hobart Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 3, Work Order Number 25. ATTACHMENTS: Amendment No. 3 to Work Order Number 25, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFQ 2018008, Amendment and Renewal No. 1 - Hobart Park Renovations, Restroom Connections and Utility Service Plans APPROVED AGENDA ITEM FOR SEPTEMBER 26.2023 173 Parks and Recreation Impact Fees/Parks/Hobart Park 10321072-066390-18013 $6,925.00 Restroom RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 25, Amendment No. 3 for Construction Administrative Services for the Hobart Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 3, Work Order Number 25. ATTACHMENTS: Amendment No. 3 to Work Order Number 25, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFQ 2018008, Amendment and Renewal No. 1 - Hobart Park Renovations, Restroom Connections and Utility Service Plans APPROVED AGENDA ITEM FOR SEPTEMBER 26.2023 173 AMENDMENT 3 TO WORK ORDER 25 HOBART PARK RENOVATIONS, RESTROOM CONNECTON AND UTILITY SERVICE PLANS This Amendment 3 to Work Order Number 25 is entered into as of this day of September 2023, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 25, Effective Date August 16, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit 8 (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and afterthe Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 3 to Work Order 25 as of the date first written above. CONSULTANT: KI M LEY-H¢�SOCIATES, INC. By: Print Name: \Briap'Good. P.E. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Joseph H. Earman, Chairman Title: Principal BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: John A. Titkanich, County Administrator William K. DeBraal, County Attorney 174 EXHIBIT A — SCOPE OF WORK Task 1— Construction Phase Services Consultant will provide the construction phase services specifically stated below: If any services other than those described below are desired, Kimley-Horn will perform those as an Additional service. Kimley-Horn's construction phase services will be limited to the following: A. Bid Document Preparation and Meeting. Consultant will issue a bid package and conduct a pre-bid meeting with potential bidders on-site. This task anticipates five (5) hours of effort from Kimley- Horn staff and any additional effort required will be an additional service. B. Pre -Construction Conference. Consultant will attend one (1) Pre -Construction Conference before the start of construction. C. Construction Meetings. Consultant will attend bi-weekly construction meetings either onsite or virtual. These meetings will consist of construction updates and discussions with Contractor and County. This task anticipates eight (8) hours of effort from Kimley-Horn staff and any additional effort required will be an additional service. D. Site Visits and Construction Observation. Consultant anticipates up to five (5) visits to the site to observe the progress of the work and accompany the County Inspectors. Visits are assumed to be three (3) hours with each consisting of travel, preparation, and reports. Such visits and observations by Kimley-Horn are not intended to be exhaustive or to extend to every aspect of Contractor' work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Kimley-Horn's exercise of professional judgment. Based on information obtained during such visits and such observations, Kimley-Horn will determine if Contractor's work is generally proceeding in accordance with the Contract Documents, and Kimley-Horn shall keep Client informed of the general progress of the Work. This task anticipates 15 hours of effort from Kimley-Horn staff and any additional effort required will be an additional service. Consultant will not supervise, direct, or control Contractor's work, and will not have authority to stop the Work or responsibility for the means, methods, techniques, equipment choice and use, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for failure of Contactor to comply with laws. Consultant does not guarantee Contractor's performance and has no responsibility for Contractor's failure to perform in accordance with the Contract Documents. Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. E. Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information made in accordance with Contract Documents and issue necessary clarifications and interpretations. Any orders authorizing variations from the Contract Documents will be made only by Client. 175 F. Change Orders. Consultant may recommend Change Orders to the Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. G. Shop Drawings and Samples Review. Consultant will review Shop Drawings and Samples and other data which Contractor is required to submit, but only for general conformance with the Contract Documents. Such review and any action taken in response will not extend to means, methods, and techniques, equipment choice and usage, schedules, or procedures of construction or to relate safety programs. This task anticipates five (5) hours of effort from Kimley-Horn staff and any additional effort required will be an additional service. Substitutes and "or-equal/equivalent." Consultant will evaluate the acceptability of substitute or "or-equal/equivalent" materials and equipment proposed by Contractor in accordance with the Contract Documents. H. Applications forPayment. It is understood that the Client will handle all work necessary with respect to this subtask. If Consultant is requested to review any applications for payment, that work will be performed as an Additional Service. Inspections and Tests. Consultant may required special inspections ore tests of Contractor's work, and may receive and review certificates or inspections within Consultant's are of responsibility. Consultants review will be solely to determine that the results indicate compliance with the Contract Documents and will not be an independent evaluation that the content or procedures of such inspections, tests, or approval comply with the Contract Documents. Consultant is entitled to rely on the results of such tests. Disputes between Client and Contractor. Consultant will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision. Final Notice of Acceptability of the Work. Kimley-Horn will conduct a final site visit to evaluate whether the completed Work of Contractor is general in accordance with the contractor Documents and the Final punch list so that the Consultant may recommend final payment to Contractor. This task anticipates 14 hours of effort from Kimley-Horn staff and any additional effort required will be an additional service. Accompanying the recommendation for final payment, Kimley-Horn shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Kimley-Horn's knowledge, information, and belief and based on the extent of the services provided by Kimley-Horn under this Agreement and based upon information provided to Kimley-Horn upon which it is entitled to rely. Kimley-Horn shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Kimley-Horn shall not have the authority or responsibility to stop the work of any Contractor. J. Statements of Completion. Based on the following items upon which Kimley-Horn is entitled to rely: a. Certified copies of all test reports, pressure tests, inspections logs, material testing reports, lift station start up reports, etc. from the contractor's or Client's testing laboratories. 176 b. Signed and sealed record surveys (As-Builts) for all infrastructure construction and stormwater management construction, prepared by the contractor's registered land surveyor to the level of the detail required by the various regulatory agencies. We will review these drawings up to two (2) times. c. Satisfaction of all final punch lists generated by Kimley-Horn, the Client and/or the regulatory inspecting agencies. d. Periodic observation of the constructed improvements during construction as described above. Consultant will prepare statements of completion to: 1. Indian River County Utilities 2. FDEP 3. IRFWMD EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay, and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Construction Phase Services $ 6,925 TOTAL $ 6,925 EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately sixty (60) days from the Notice to Proceed (NTP). NTP Plans Preparation contingent upon BOCC approval 30 days following NTP 177 Hobart Manhour Breakdown : - Bid Document Preparation and Meeting: 5 hours @ $145 - Construction meetings: 8 hours @ $145 - Site Visits and Observation: 15 hours @ $145 - Shop Drawings and Samples Review: 5 hours @ $145 - Final Notice of Acceptability of the work: 12 hours @ $145 & 2 hours @ $200 178 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation Date: September 19, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director/Parks and Recreation Director From: Joe Tilton, Recreation Manager Subject: Work Order Number 2, Amendment No. 2 — Continuing Engineering Services RFQ 2018008 — Renewal and Amendment Nol. Fran B. Adams North County Regional Park (Playground and Soccer Complex Area) BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Masteller and Moler, Inc. and on May 18, 2021, Renewal and Amendment No. 1 was executed for continuing engineering services. On August 18, 2020, the Board Approved Work Order Number 2 for Masteller and Moler Inc. in the amount of $47,610. On January 31, 2023 the Board approved Amendment Number 1 to Work Order 2 in the amount of $12,065 for revised engineering design and preparation of construction plans, revised electrical engineering services, permit reacquisition and permit application responses. Amendment 2 to Work Order 2 in the amount of $2,810 would provide for Revised Electrical Engineering Services and Additional Permit Application Responses. Service Cost Revised Electrical Engineering $ 290 Permit Application Responses $2,520 Total $2,810 FUNDING: 179 Funding for Amendment No. 2 to Work Order Number 2 is budgeted and available in the Impact Fees/Parks/North County Soccer Improvements account number 10321072-066390-16005 in the amount of $2,810. Account Description I Account Number " Amount Impact Fees/Parks/ North County Soccer Improvements 1 10321072-066390-16005 $2,810 RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 2, Amendment No. 2, for Revised Electrical Engineering Services and additional Permit Application Responses associated with the North County Soccer Improvements, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Masteller and Moler Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 2, Work Order Number 2. ATTACHMENTS: Amendment No. 2 to Work Order Number 2, Masteller and Moler Inc. — Continuing Engineering Services RFP 2018008, Amendment and Renewal No. 1 — North County Soccer Improvements APPROVED AGENDA ITEM FOR SEPTEMBER 26, 2023 180 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR FRAN B. ADAMS NORTH COUNTY REGIONAL PARK RESTROOM FACILITY (Project Name) This Amendment 2 to Work Order Number 2 is entered into as of ,pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUN'T'Y') and Masteller & Moler, Inc. ("Consultant"). i. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 2 , with an Effective Date of August 18, 2020 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant within the timeframe set forth in the Work Order, or as amended in Exhibit A, all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is modified as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY -�, Print Name: Sean C. Green, PE Title: Executive Vice President By: Joseph H. Earman, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Scope, thresholds and amendment number confirmed by: William K. DeBraal, County Attorney Purchasing 181 M _JLMASTELLER & MOLER, INC. M1 -- CIVIL ENGINEERS — EXHIBIT A 1655 27" Ste. 2, Vero Beach, FL 32960 (772)567-5300 The Indian River County Parks and Recreation Department (Parks & Rec) plans to install a restroom building adjacent to the existing playground area located just north of the softball diamonds at the Fran B. Adams North County Regional Park (WW Ranch Rd & C.R. 512). Under Work Order 2, Masteller & Moler, Inc. (MM) performed engineering design and preparation of construction plans, site planning and project permitting, and is authorized to perform bidding services and construction administration & observation services. Work Order 2 included provisions for a pre -fabricated restroom building to be installed. Amendment 1 to Work Order 2 authorized revising plans and permitting reacquisition for a concrete masonry unit (CMU) block building designed by one of the County's Architectural / MEP consultants in lieu of the pre -fabricated building. Under Amendment 1 to Work Order 2, the plans were revised for the new restroom building and the project was fully permitted for construction. Upon submittal of the final bidding documents and architectural plans, it was determined that the architectural drawings disagreed with the permitted civil plans, and the civil plans and permit applications needed to be revised and resubmitted, respectively. Amendment Number 2 to Work Order 2 proposes to provide additional permitting services such that Parks & Rec can be in a position to formally bid and construct the project. The required permit applications have been submitted, and will require additional response to agency comments in order to satisfy permitting conditions. Scope of Work: Task M — Revised Electrical Engineering Services: We shall use the services of our electrical engineering sub -consultant to provide electrical engineering services for the building redesign. The electrical engineering services will generally include ensuring adequate power is delivered to the restroom building site and furnishing of revised electrical plans and diagrams as necessary. Task N —Permit Application Responses: Our office is in receipt of the Requests for Additional Information (RAI's) from SJRWMD and Indian River County Technical Review Staff. We will work closely with the Project Team to develop responses to agency concerns. As the scope of work to respond to these specific agencies' concerns is defined by the comments received to date, and our office has already prepared responses and made submittals, we propose to perform Task O for the lump sum amount as listed in the fee schedule below. Fee Schedule: Task M — Revised Electrical Engineering Services Task N — Permit Application Responses Time Schedule: 1. Amendment No. 1 shall be completed as follows: A. Revised Design & Submittal of Permit Applications z. Deliverables— No Change from Amendment 1 to Work Order 2 $ 290.00 $ 2,520.00 30 Working Days Page 1 of 1 182 M N O N N 00 z O H g m W w LL 2 U) a J H m 2 X W N w D O m z Q a U) } w H y z DO O a L) N w Z z o0 O Z Q U N U 2J > G a �aQ ZLUW Q LU Z LL d O O O O O O O O O N m LO N 00 N N 69 V3 V) N U N N 01 C m C 0) I- LL] mca U N O O a w M 00 rl od � T y c U c of o E p E o O U m� U C N N O O O O O U LO LO f6 N N O I— d9 f!i O O c O O > O t- O E O N V O N � ,n Q 'E V! 69. V) EN Q O CD (D I T - (Do o > o N jp O LL c U U)i 69. t,9 V! C oCl n O o c o 0 0 N O CSLO Lo CL (M rn Q T Ln Q of ofU o 0 0 0 (fl U� N c O ui (ND U') (ND cu c E U 'psi 69 V! N O � a o U0 LO o — o 0 Lu = N N r O E U u) m Q U C 69. to V3 a N 0 c� ch S O c0 N U dy O U d a)L Q y C O a v N O O O O O O O O O N m LO N 00 N N 69 V3 V) N U N N 01 C m C 0) I- LL] mca U N O O a w M 00 rl INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services / Parks & Recreation CONSENT I Cost Bid Document Preparation and Meeting$725 AGENDA BCC Meeting September 26, 2023 Date: September 19, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director/Parks and Recreation Director From: Joe Tilton, Recreation Manager Subject: Work Order Number 26, Amendment No. 3 — Continuing Engineering Services RFQ 2018008 — Renewal and Amendment No. 1 Hosie Schumann Renovations, Restroom Connections and Utility Service Plans BACKGROUND: On April 17, 2018, the Board of County Commissioners approved Continuing Consulting Engineering Services Agreements for RFQ 2018008 between Indian River County and Kimley-Horn and Associates, Inc. On May 18, 2021, Renewal and Amendment No. 1 were executed for continuing engineering services. On November 5, 2019, the Board Approved Work Order Number 26 for Kimley-Horn and Associates in the amount of $8,600.00. Then, on August 16, 2022, the Board Approved Work Order Number 26 Amendment No. 1 in the amount of $3,800.00 to provide for permit application preparation and supporting documentation for the Indian River County Utility Connection permits, as well as for an Indian River County building permit for the construction of the restroom. On December 20, 2022, the Board approved Amendment Number 2 to Work Order 26 in the amount of $7,000.00 to provide for permit application preparation and supporting documentation for the Indian River County Building Permit and for modifying the site plan to accommodate the proposed restroom building. Amendment No. 3 to Work Order Number 26 in the amount of $6,000.00 would provide for Bid Document Preparation, Pre- Bid Meeting, Pre -Construction Conference, Construction Meetings, Site Visits, Shop Drawings and Sample Reviews, and Final Notice of Acceptability of Work as provided in the attached scope of work. Service I Cost Bid Document Preparation and Meeting$725 184 Construction Meetings $1,160 Site Visits $2,175 Shop Drawings and Sample Reviews $580 Final Notice of Acceptability of Work $1,360 Total $ 6,000 FUNDING: Funding for Amendment No. 3 to Work Order Number 26 is budgeted and available in the Optional Sales Tax/Parks/Hosie Schumann Park Improvements account number 31521072-066390-18011 in the amount of $6,000.00. '.ce Ai Optional Sales Tax/Parks/Hosie Schumann 31521072-066390-18011 $6,000.00 Park Improvements RECOMMENDATION: Staff respectfully recommends approval of Work Order Number 26, Amendment No. 3, for Construction Administrative Services associated with the Hosie Schumann Park Restroom Connections and Utility Service Plans, Continuing Consulting Engineering Services Agreements for RFQ 2018008, Amendment and Renewal No. 1 with Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in Exhibit A, and request the Board authorize the Chairman to execute Amendment No. 3, Work Order Number 26. ATTACHMENTS: Amendment No. 3 to Work Order Number 26, Kimley-Horn and Associates, Inc. — Continuing Engineering Services RFP 2018008, Amendment and Renewal No. 1 — Hosie Schumann Park Renovations, Restroom Connections, and Utility Service Plans. APPROVED AGENDA ITEM FOR SEPTEMBER 26.2023 185 AMENDMENT 3 TO WORK ORDER 26 HOISE SCHUMANN RENOVATIONS, RESTROOM CONNECTONS AND UTILITY SERVICE PLANS This Amendment 3 to Work Order Number 26 is entered into as of this _ day of September 2023, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18,2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and KIMLEY-HORN AND ASSOCIATES, INC. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 26, Effective Date August 16, 2019. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and afterthe Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 3 to Work Order 26 as of the date first written above. CONSULTA - BOARD OF COUNTY COMMISSIONERS KIM -H. tN AND SSOCIATES, OF INDIAN RIVER COUNTY By: Print Na Title: By: Joseph H. Earman, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: John A. Titkanich, Jr., County Administrator William K. DeBraal, County Attorney 186 EXHIBIT A — SCOPE OF WORK Kimley-horn understands that the client desires to modify the proposed restroom building. Previously Kimley-Horn had permitted the design plans and received all necessary approvals. Task 1— Construction Phase Services Consultant will provide the construction phase services specifically stated below: If any services other than those described below are desired, Kimley-Horn will perform those as an Additional service. Kimley-Horn's construction phase services will be limited to the following: A. Bid Document Preparation and Meeting. Consultant will issue a bid package and conduct a pre-bid meeting with potential bidders on-site. This task anticipates five (5) hours of effort from Kimley- Horn staff and any additional effort required will be an additional service. B. Pre -Construction Conference. Consultant will attend one (1) Pre -Construction Conference before the start of construction. C. Construction Meetings. Consultant will attend bi-weekly construction meetings either onsite or virtual. These meetings will consist of construction updates and discussions with Contractor and County. This task anticipates eight (8) hours of effort from Kimley-Horn staff and any additional effort required will be an additional service. D. Site Visits and Construction Observation. Consultant anticipates up to five (5) visits to the site to observe the progress of the work and accompany the County Inspectors. Visits are assumed to be three (3) hours with each consisting of travel, preparation, and reports. Such visits and observations by Kimley-Horn are not intended to be exhaustive or to extend to every aspect of Contractor' work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on Kimley-Horn's exercise of professional judgment. Based on information obtained during such visits and such observations, Kimley-Horn will determine if Contractor's work is generally proceeding in accordance with the Contract Documents, and Kimley-Horn shall keep Client informed of the general progress of the Work. This task anticipates 15 hours of effort from Kimley-Horn staff and any additional effort required will be an additional service. Consultant will not supervise, direct, or control Contractor's work, and will not have authority to stop the Work or responsibility for the means, methods, techniques, equipment choice and use, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for failure of Contactor to comply with laws. Consultant does not guarantee Contractor's performance and has no responsibility for Contractor's failure to perform in accordance with the Contract Documents. Consultant is not responsible for any duties assigned to it in the construction contract that are not expressly provided for in this Agreement. E. Clarifications and Interpretations. Consultant will respond to reasonable and appropriate Contractor requests for information made in accordance with Contract Documents and issue 187 necessary clarifications and interpretations. Any orders authorizing variations from the Contract Documents will be made only by Client. F. Change Orders. Consultant may recommend Change Orders to the Client and will review and make recommendations related to Change Orders submitted or proposed by the Contractor. G. Shop Drawings and Samples Review. Consultant will review Shop Drawings and Samples and other data which Contractor is required to submit, but only for general conformance with the Contract Documents. Such review and any action taken in response will not extend to means, methods, and techniques, equipment choice and usage, schedules, or procedures of construction or to relate safety programs. This task anticipates four (4) hours of effort from Kimley-Horn staff and any additional effort required will be an additional service. Substitutes and "or-equal/equivalent." Consultant will evaluate the acceptability of substitute or "or-equal/equivalent" materials and equipment proposed by Contractor in accordance with the Contract Documents. H. Applications forPayment. It is understood that the Client will handle all work necessary with respect to this subtask. If Consultant is requested to review any applications for payment, that work will be performed as an Additional Service. Inspections and Tests. Consultant may required special inspections ore tests of Contractor's work, and may receive and review certificates or inspections within Consultant's are of responsibility. Consultants review will be solely to determine that the results indicate compliance with the Contract Documents and will not be an independent evaluation that the content or procedures of such inspections, tests, or approval comply with the Contract Documents. Consultant is entitled to rely on the results of such tests. Disputes between Client and Contractor. Consultant will, if requested by Client, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents. In rendering decisions, Consultant shall be fair and not show partiality to Client or Contractor and shall not be liable in connection with any decision. Final Notice of Acceptability of the Work. Kimley-Horn will conduct a final site visit to evaluate whether the completed Work of Contractor is general in accordance with the contractor Documents and the Final punch list so that the Consultant may recommend final payment to Contractor. This task anticipates nine (9) hours of effort from Kimley-Horn staff and any additional effort required will be an additional service. Accompanying the recommendation for final payment, Kimley-Horn shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of Kimley-Horn's knowledge, information, and belief and based on the extent of the services provided by Kimley-Horn under this Agreement and based upon information provided to Kimley-Horn upon which it is entitled to rely. Kimley-Horn shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. Kimley-Horn shall not have the authority or responsibility to stop the work of any Contractor. J. Statements of Completion. Based on the following items upon which Kimley-Horn is entitled to rely: 188 a. Certified copies of all test reports, pressure tests, inspections logs, material testing reports, lift station start up reports, etc. from the contractor's or Client's testing laboratories. b. Signed and sealed record surveys (As-Builts) for all infrastructure construction and stormwater management construction, prepared by the contractor's registered land surveyor to the level of the detail required by the various regulatory agencies. We will review these drawings up to two (2) times. c. Satisfaction of all final punch lists generated by Kimley-Horn, the Client and/or the regulatory inspecting agencies. d. Periodic observation of the constructed improvements during construction as described above. Consultant will prepare statements of completion to: 1. Indian River County Utilities 2. Indian River County Public Works EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Construction Phase Services $ 6,000 TOTAL $6,000 EXHIBIT C—TIME SCHEDULE Upon authorization to proceed bythe COUNTY, final design documents are expected to take approximately sixty (60) days from the Notice to Proceed (NTP). NTP Plans Preparation contingent upon BOCC approval 30 days following NTP 189 Hosie Manhour Breakdown: - Bid Document Preparation and Meeting: 5 hours @ $145 - Construction meetings: 8 hours @ $145 - Site Visits and Observation: 15 hours @ $145 - Shop Drawings and Samples Review: 4 hours @ $145 - Final Notice of Acceptability of the work: 8 hours @ $145 & 1 hour @ $200 .190 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of General Services ! Parks & Recreation r SENT AGENDAMeeting 09-26-2023 Date: September 13, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Acting General Services Director/Parks and Recreation Director From: Brad Dewson, Parks Superintendent Subject: Kiwanis Hobart Park Adopt -A -Park by the Treasure Coast Disc Golf Club BACKGROUND: On January 31, 2023, the Board of County Commissioners approved the Indian River County Adopt -A -Park Program. This program was created with the goal of engaging the public in assisting to keep our parks, conservation lands, and beaches free of litter. These types of programs are expected to promote responsible stewardship of the environment and serve to instill pride in our community. DESCRIPTION AND CONDITIONS: The Treasure Coast Disc Golf Club (TCDG) is a non-profit organization that is interested in adopting Kiwanis Hobart Park as part of the County's Adopt -A -Park program. In addition to their primary task of litter pick-up in the Adopt -A -Park program, TCDG would like to assist in maintaining the disc golf course. Kiwanis Hobart Park is home to an 18 -hole disc golf course. This disc golf course was designed by TCDG members and volunteers. TCDG was instrumental in the course design and installation, paid for the benches, picnic tables, concrete tee pads, and helped in the course expansion from 9 holes to 18 holes. TCDG has also donated disc golf bags with discs to Indian River County Parks and Recreation. These bags can be checked out from the Parks Maintenance office for people to use on the course. TCDG has requested that through this adoption agreement, and with authorization from the Board, that the County waive the special event fee ($100 each) for up to four disc golf tournaments hosted by TCDG at Kiwanis Hobart Park per year with the understanding that funds raised by these tournaments are reinvested into the park with improvements, education, and events that promote the disc golf activities at Kiwanis Hobart Park. FUNDING: There are no additional funds necessary beyond what has been previously approved by the Board of County Commissioners. 191 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the amended adoption agreement which waives the $100 special event fee for up to four disc golf tournaments per year hosted by Treasure Coast Disc Golf Club at Kiwanis Hobart Park and authorize the Parks and Recreation Director to execute the same after review and approval for legal sufficiency by the County Attorney. ATTACHMENTS: Adopt -A -Park Agreement Adopt -A -Park Program Reference Manual APPROVED AGENDA ITEM FOR SEPTEMBER, 26, 2023 192 INDIAN RIVER COUNTY ADOPT -A -PARK LITTER REMOVAL AGREEMENT THIS AGREEMENT, made and entered into this day of expire on the day of , 20_, to , 20_ by and between the Indian River County Board of County Commissioners ("COUNTY") and WITNESS THAT: ("GROUP"). WHEREAS, is one of the Indian River County Parks and Recreation Division's Parks or Conservation Areas; and WHEREAS, the COUNTY has responsibility for operation and maintenance of the County Parks and Conservation Areas; and WHEREAS, the COUNTY has encouraged the implementation of an "Adopt -A -Park" program for the participation of local organizations in specific litter removal projects; and WHEREAS, the Group is desirous of adopting _ Conservation Area) for the purpose of litter removal; NOW THEREFORE, the parties agree as follows: THE GROUP SHALL: (Park or A. Adopt the Park for litter removal at least six times per year and submit volunteer logs (provided by County) to the Parks Maintenance Office upon completion of each litter removal event. B. Conduct volunteer activities during Park hours only. Park hours are sunrise to sunset, 7 days a week. C. Conduct volunteer activities during good weather conditions only. D. Restrict litter removal to areas along trails and parking areas and not enter or cross any bodies of water to retrieve litter. E. Provide the Parks Maintenance Office with a volunteer activity schedule to be approved by the Parks Superintendent. F. Only allow such persons to participate as are determined by the Group to be responsible enough to safely participate in the volunteer activities. Participating youths must be at least 8 years of age and the Group shall provide at least one adult supervisor that is at least 18 years of age for every seven (5) youths under the age of 12 and one supervisor for every ten (10) children ages 13-17 who are participating in the volunteer activities. G. Instruct participants to dress appropriately for the activities to be performed including wearing close toed shoes and long-sleeves/pants when necessary. H. Group shall leave bagged and unbagged (large items) litter in a pre -determined location on-site as approved by the Parks Superintendent for Parks removal. 193 THE COUNTY SHALL: A. Provide a "Adopt -A -Park" sign at the entrance of the designated Park with recognition of Group. B. Provide Group organizers with the County's Accident Prevention Policy. C. Provide materials including bags, litter grabbers, buckets, and disposable gloves. Other materials may be provided at the request of the Group. D. Remove litter collected after volunteer activities. II The Group covenants and agrees that it will indemnify and hold harmless the Department, Indian River County, and all of its commissioners, agents and employees from any claim, loss, damage, cost charge or expense arising out of any act, action, neglect or omission by the Group during the performance of the agreement, whether direct or indirect, and whether to any person or property to which the COUNTY or said parties may be subject, except that neither Group nor any of its members shall be liable under this provision for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the COUNTY, and all of its officers, employees or agents. III The agreement shall remain in effect for a two-year period. The COUNTY or Group may terminate this agreement for any reason upon 30 days written notice. The COUNTY may, if it deems an emergency situation exists, suspend or terminate this agreement immediately. IV This agreement is non -transferable and non -assignable in whole or in part without written consent of the COUNTY. V This agreement is for litter removal activities only. Beautification activities must be approved and coordinated by the Parks and Recreation Director. VI The Parks Superintendent shall screen and select the Parks to be adopted. VII COUNTY will provide its incident reporting policies and procedures to GROUP at the signing of this Agreement. If an incident or injury occurs during volunteer activities, the GROUP must submit a completed incident report to the Parks Superintendent within 24 hours of incident. In the 194 event emergency services are utilized for any incident, the GROUP must notify the Parks Superintendent immediately. VIII SEA TURTLE NESTING SEASON: March 1 — October 31 is designated as Sea Turtle Nesting Season. GROUP must abide by all rules and regulations provided by the Florida Department of Environmental Protection, Florida Fish & Wildlife Conservation Commission and any other local, state or federal agency pertaining to this particular time of year. In the event an unmarked marine turtle nest is exposed, or a dead, injured or sick marine turtle is discovered during the event, GROUP must call the FWC's 24-hour Wildlife Alert Number at 1-888-404-FWCC (1-888-404- 3922). The caller will be asked to answer the following questions for their phone call: • What is the exact location of the animal? • Is the turtle alive or dead? • What is the approximate size of the turtle? • Is the turtle marked with spray paint? (This may indicate that the turtle has been previously documented.) • What is the location of the closest access point to the turtle? • If the turtle is alive, the caller is asked to be prepared to stay with it until help arrives. "I Whenever either party desires to give notice to the other party, it must be given by written notice addressed to the party at the addresses shown below, or such other address or addresses as either party shall designate to the other in writing in accordance with this paragraph. INDIAN RIVER COUNTY: Indian River County Parks & Recreation Parks Superintendent 5500 77`s Street Vero Beach, FL 32967 772-226-1872 bdewson@indianriver.gov GROUP: IN WITNESS WHEREOF, the parties hereto have caused these present to be executed, the day and year first written above. 195 I CERTIFY that I am familiar with the information contained in this Agreement and that I possess the authority to execute this Agreement on behalf of the Group. APPLICANT: By Signature Type/Print Name Title INDIAN RIVER COUNTY PARKS AND RECREATION M Signature Elizabeth Powell Parks and Recreation Director Title 196 Adopt -A -Park Program Reference Manual General Service Department Indian River County Parks and Recreation 01/18/2023 197 INDIAN RIVER COUNTY PARKS AND RECREATION DIVISION ADOPT -A -PARK PROGRAM PURPOSE: The primary purpose of this program is to enlist the community's involvement with litter control within the County's park system in order to maintain a clean and aesthetic environment for all to enjoy. Adopt - A -Park Program tasks primarily include litter pick-up, but may be expanded to include other acts as approved by the Parks Superintendent. POLICIES & PROCEDURES: 1. The adopting group commits to a two-year period of adoption. 2. Monitoring of the park, natural land, trail, beach or trailhead should be done on a regular basis, but not less than 6 times a year. 3. Only remove litter during daylight hours and during appropriate weather. 4. Indian River County Parks and Recreation will be responsible for collecting and disposing of the filled trash bags and large non -bagged items. 5. Indian River County Parks and Recreation will place a sign in the adopted park, conservation land or beach crediting the organization/group for their assistance. 6. The adopting group may keep any and all proceeds from any materials of recyclable value collected as litter. 7. Complete and submit an incident report within one (1) day after the clean-up event which an accident or injury occurred. 8. Require that all participants sign the County volunteer release form, including the parent/guardian of each minor participant. 9. Participating youth must be at least 8 years of age. When children under the age of eighteen years (18) participate, the adopter will have a parent/guardian's signature and emergency contact information accessible at the site. There must also be one adult supervisor for every five (5) children under the age of 12 and one adult supervisor for every ten (10) children 13-17. 10. Check and clear all participant's names against the FDLE Sexual Predator list prior to the scheduled clean-up event. 01/18/2023 198 11. Adopting Group must provide public access to all records concerning this Agreement according to applicable Florida laws including Chapter 119, Florida Statutes. Adopting Group has the burden to assert and defend any exemptions to Florida's public record laws. 12. A representative from the adopting group must contact the Parks Superintendent, Monday through Friday, 7:OOAM to 3:30PM to request necessary equipment, at least twenty-four (24) hours prior to clean-up. Pick-up of items will be coordinated through the Parks Superintendent. For information on how to apply, contact the Indian River County Parks Maintenance Office at 772-226- 1872. Any organized group, including for profit and non-profit organizations, may apply to adopt a park in Indian River County. Requests to adopt specific parks, conservation land and beaches are approved on a first-come, first-served basis. INSURANCE REQUIREMENTS: Adopting Group shall provide evidence of the following insurance: 1. General Liability Insurance for any and all damage and bodily injury claims in the amount of $1,000,000 per occurrence and $2,000,000 aggregate. 2. Workers Compensation Insurance as required by Chapter 440, Florida Statutes or evidence of self-insurance or exemption from the Statute. 3. A certificate of insurance evidencing such insurance and listing Indian River County as an additional insured provided to the County prior to scheduling any activities under this Agreement. 01/18/2023 199 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM APPLICATION Organization (as it appears on a sign): (Up to 20 characters per line — one or two lines) Organization Contact Person: Title or Position with Organization: Telephone Number: Email Address: Estimated Number of Participants: Preferred location for Adoption: _ Tentative Starting Date: Annual Number of Work Days: Anticipated Work Day: (please circle one) Monday Tuesday Wednesday Thursday Friday Saturday Sunday STATEMENT OF AGREEMENT A representative of this organization, I have read and agree to abide by the policies, regulations, and safety recommendations as put forth by Indian River County in regard to the Adopt -A -Park Program. I understand that this is an application for the Adopt -A -Park Program and that a Division representative will contact me to finalize an Agreement. In addition, I understand that the Parks and Recreation Director will make the final determination as to whether a group can participate and will make the final determination of park, natural land, trail, beach and/or trailhead assignment. Signature Date 01/18/2023 200 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM Iu110IQ:Z9a\:i11411]_\►Il1141 I, the undersigned, hereby represent that my child(ren) has/have volunteered to participate in the Adopt -A -Park Program during the Agreement period I have read the safety recommendations associated with the Program and have discussed them with my child(ren). I acknowledge and am aware that participation in this program has inherent risks and hazards. I understand that it is my child(ren)'s responsibility to be aware of his/her physical condition and refrain from doing any physical activities beyond his/her capabilities. I agree to defend, indemnify and hold harmless Indian River County, and it officers and its employees, and hereby release the same, from and against any and all liability, claims, demands and expenses, including court costs and reasonable attorney fees, on account of any property damage, bodily injury, sickness, damage, or other loss of any kind whatsoever, which arise out of or are in any manner connected with the work to be performed under the Adopt -A -Park Program, if such injury, loss or damage is caused in whole or in part by, the act, omission, or other fault of my child(ren). Name of Child: Address: Name of Child: Address: Name of Child: Address: Contact in Case of Emergency: Emergency Contact Telephone Number(s): Parent's Signature: Date: 01/18/2023 201 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM SAFETY RECOMMENDATIONS SAFETY DO'S: • DO follow all Park and CDC guidelines related to COVID-19. • DO make sure that all participants are familiar with these safety recommendations. • DO assign one volunteer as a safety coordinator who oversees other volunteers to ensure that work is conducted in a safe manner, paying special attention to participating children. • DO wear light or bright colored clothing which is appropriate for the work associated with the program, hard -soled, protective shoes, and gloves. • DO dress appropriately for the weather and take breaks on a regular basis. • DO work only when weather is fair and in the daylight. • DO bring a water bottle and wear sunscreen and sunglasses. • DO be aware of your physical condition and refrain from doing any activities beyond your capabilities. • DO be aware of traffic on adjacent roads and driveways. • DO watch and take precaution for: snakes, other animals and insects, noxious weeds, glass, barbed wire, pipes and debris with sharp or rusted edges or unexpected holes or ditches SAFETY DON'TS: • DON'T step into a roadway for any reason. Don't pick up litter or debris on a roadway surface or close to the edge of the road. • DON'T park vehicles in "No Parking" areas. • DON'T play around or do anything to distract passing drivers or park patrons. • DON'T bring pets to the Adopt -A -Park site. • DON'T leave children or pets in the care while participating in the program. • DON'T pick up any materials that may be hazardous to your health (e.g. chemicals, firearms, hypodermic needles, etc.). Please notify the County if hazardous conditions exist by calling 911. • DON'T leave children unattended at any time. These recommendations are not all inclusive. Take all precautions necessary to avoid accidents. 01/18/2023 202 Indian River County Parks and Recreation ADOPT -A -PARK PROGRAM VOLUNTEER HOLD HARMLESS AND INDEMNIFICATION AGREEMENT (❑ a minor) wish to perform services at Commissioners of Indian River County, Florida in the for the Board of County as a volunteer. I undertake to perform these services for the experience and self-satisfaction I will gain from this public service. I understand that County and Adopting Group shall be and act as independent contractors, and under no circumstances shall this Agreement be construed as one of agency or employment between the parties. I am not, nor will I be, a County employee nor will I be eligible for any of the benefits of a County employee except to the extent State law mandates volunteer participation in a benefits program. ❑ (We, and, Parent(s) or guardian(s) of wish our child/ward to have the benefit of performing services for the County. In consideration of the County's permission to perform volunteer services, I, for myself and my assigns (❑ and we, as parents or guardians, for ourselves and our assigns) do hereby release and discharge Indian River County, its agents, officers and employees from any and all claims, demands, grievances, and causes of action of every kind whatsoever, including, but not by way of limitation, all liability for property damages and personal injury of every kind, nature or description arising or which may hereafter arise from said permission, volunteer's performance of services or volunteer's presence on the work site. I/We hereby indemnify and hold harmless Indian River County for any and all claims, demands and causes of action of every kind and nature arising out of said permission, volunteer's performance of services, or volunteer's presence on the work site. 01/18/2023 203 Volunteer's Signature Print Name Address City State Zip IF MINOR, Signature of Parent(s) or Guardian(s) Parks and Recreation Director Date 01/18/2023 204 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Karen Rackard, 911 Coordinator Department of Emergency Services DATE: September 11, 2023 SUBJECT: Approval of Renewal of the Public Safety Communications System FX Software Services Agreement. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On September 11, 2018, the Board of County Commissioners approved Communications International as a sole source for the public safety radio system FX Software Services. The FX Software provides software updates, enhancements and corrections to the public safety P25 radio system dual cores, consoles and site infrastructure. FX Software Services is critical for maintaining the P25 infrastructure covered in the P25 backbone contract that is up for its 3rd renewal for the period of Oct 1, 2023 to September 30, 2024. The proposed FY 2023/2024 FX Software agreement will cover all necessary L3Harris and 3rd party software upgrades, installation and implementation for the 1,31-1arris for the P25 system. The annual cost is $131,513.33, which is a $5,192.93 or 4.1% increase. FUNDING: The FX Software Services for Fiscal Year 2023/2024 is budgeted and available, in the amount of $131,513.33, in the General Fund/Communications-Emergency Services/Computer Software account, number 00110719-035120. Account Name Account Number Amount General Fund/Communications-Emergency Services/Computer Software 00110719-035120 $131,513.33 RECOMMENDATION: Staff recommends the Board authorize the Chairman to execute the Public Safety Communications System FX Software Services Agreement with Communications International Inc. ATTACHMENT: 1. FX Software Quote- 2023-2024 205 • COMMUNICATIONS INTERNATIONAL An Employee Owned Company Communications International, Inc. 4450 US Highway 1 VERO BEACH, FL 32967 Bill to IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH, FL 32967 Quotation Page Quotation ID Date Expiration date Terms Salesperson E-mail IRC EOC Software Services 2023-2024 1-31-larris Software Services for IRC P25 radio system Oct 1st, 2023 to Sept 30, 2024 Delivery address IRC Emergency Services - EOC Emergency Services Dept Radio Systems Manager 4225 43rd Avenue VERO BEACH, FL 32967 1 of 1 000026134 09/07/2023 10/30/2023 N30 Jeffery L Willingham jwillingham@ask4ci.com Line Item Description Quantity Price Discount Net Price Extended Price L3Harris Software Services Oct 1st, 2023 to 1.00 131,513.33 0% 131,513.33 131,513.33 Sept 30th, 2024 Includes part numbers below Premium Technical Support (PTS), Renewal Support YR-SZ2B Security Update Management (SUM+) E -Delivery YR-SZ9F Software Managed Services (SMS) E -Delivery YR-GS5N Order Acceptance - Please sign below Signature Printed name Date Pre-tax Total $131,513.33 This quotation does not include tax Applicable taxes will be calculated during invoicing Not an Invoice - Do Not Pay By signing this quotation and/or submitting a purchase order pursuant to this quotation you acknowledge that you have read and agree to be bound by Communications International, Inc.'s terms and conditions of sale, service, and technical support. Orders may be subject to shipping & handling charges. All warranties are manufacturer's warranties. Terms and Conditions: www.ask4ci.com/termsandconditions This proposal does not reflect (include) material/labor cost escalations beyond a standard inflationary rate (SIR) of 6.5%. We reserve the right to recover cost impacts above (SIR). Equipment will be invoiced upon delivery. 206 es INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: David Johnson, Director Department of Emergency Services FROM: Karen Rackard, 911 Coordinator Department of Emergency Services DATE: September 15, 2023 CONSENT SUBJECT: Approval of Renewal of the 800 MHz Communications System Infrastructure Maintenance Contract with Communications International, Inc. It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Since the completion of the 800 MHz radio system project in 1996, Communications International, Inc., the factory -certified regional service partner of the manufacturer, has provided the daily maintenance for the radio system. On March 1, 2011, the Board designated Communications International, Inc. as the County's Sole Source Provider for the 800 MHz Communications System Service. To guarantee continuity of essential services, the County requires Communications International, Inc. to have certified service technicians available twenty-four (24) hours a day for immediate repairs. Communications International, Inc., is the only regional vendor qualified to perform the maintenance and repairs. The approved contract for FY 2020/2021. Approved by the Board on January 5, 2021 (Contract Number CI -110-950) provided for renewal or extension of the contract in one (1) year increments for a total of five (5) years upon mutual consent of the parties. The proposed FY 2023/2024 contract renewal represents the third extension. The terms and conditions of the proposed contract will remain the same as the previous one with increases/decreases in annual maintenance costs due to the South Urban Consumer Price Index (CPI) adjustment. The CPI adjustment alone is 6.4%. The maintenance contract in FY 2022/2023 was $359,545.32 annually, or $29,962.11 per month. The FY 2023/2024 maintenance contract is $382,554.24 annually, or $31,879.52 per month. This is an increase of $23,008.92 annually, or $1,917.41 per month. 207 FUNDING: Funds, in the amount of $382,554.24, are budgeted and available for FY 2023/2024 in the General Fund/Communications-Emergency Services/Maintenance-Other Equipment account, number 00110719-034690. Account Name Account Number Amount General Fund/Comm-Emergency Services/Maintenance-Other Equipment 00110719-034690 $382,554.24 RECOMMENDATION: Staff recommends the Board approve the renewal of the 800 MHz Communications System Master Service Agreement with Communications International, Inc. ATTACHMENTS: 1. Master Service Agreement (Contract Number CI -110-950) 2. Maintenance Cost Summary for 2023-2024 3. CPI Calculation Letter 4. Instructions for the Consumer Price Index, Southern Urban 208 0 COMMUNICATIONS INTERNATIONAL An Employee Owned Company ORIGINAL 4450 US I • Vero Beach. Florida 32967 • Telephone: (772) 569-5355 • Fax: (772) 567-2292 MASTER SERVICE AGREEMENT Contract Number CI -110-950 This Contract is entered into by and between Communications International, Inc.. located at 4450 U.S. Highway I. Vero Beach. Florida 32967 (" "Ci"), and Indian River County Board of Commissioners, located at 1801 2716 Street (the "Customer"), on the I st day of October 2020. (the " Effective Date"). WHEREAS, Ci currently provides maintenance services for two-way radio communications systems and other electronic equipment: WHEREAS, the Customer desires to contract the repair and maintenance of certain two-way radio equipment and other electronic equipment as described here in; WHEREAS, the Parties desire to establish terms. conditions and pricing under which the particular equipment will be maintained. and WHEREAS, the Parties hereby desire to enter into th is Contract to set forth. in writing, their respective rights, duties and obligations hereunder. NOW, THEREFORE, for and in consideration of the mutual promises herein contained and other good and valuable consideration. the receipt and sufficiency of which is hereby acknowledged and confessed. the Parties agree as follows: I. DEFINITIONS A. Parties - shall mean. collectively. Ci and theCustomer. B.eServices - shall mean those services to be provided by Ci to the Customer pursuant to this Contract. but not limited to maintenance,e repair. replacement. labor and testing.e C. Contract - shall mean this document, along with all documents attached hereto and incorporated herein by reference.e D. Terminal Equipment - shall mean vehicular mounted radios. personal portable radios. portable radio desk chargers and basice compact vehicular chargers and as otherwise specifically described as Terminal Equipment for maintenance in this Contract.e E. Fixed Equipment - shall mean site repeater stations and associated equipment, multi -site coordinator, console electronice equipment, radio control stations and as otherwise specifically described as Fixed Equipment for maintenance in this Contract.e F.eOther Equipment - shall mean any other electronic equipment that is listed in this Contract and defined herein.e G. Demand Services - shall mean service that is requested which is not included in the fixed fee arrangement in this Contract e H. Normal Working Hours - shall mean 8:00 am until 5:00 pm, local time. Monday through Friday, excluding Federal and Statee Holidays ('Business Days"). unless otherwise defined.e I. Emergency Services - shall mean services that are available by Ci twenty-four (24) hours per day. seven days per week.e including Fcdcral and State Holidays.e Page I of 12 209 ORIGINAL 0twrwi, Ci agrees to maintain the ability to provide the services set forth in Exhibit A of this Contract and to provide the serviccs describcdn herein, including Demand Services. The Customer agrees to purchase Demand Services from Ci, as needed, in accordance withn Exhibit C of this Contract.n 3.n TERM OF CONTRACT., A.nThe term of this Contract shall be for a period of one (1) year(s) (the "Term") and shall automatically renew at the end of then Term, unless (1) either party notifies the other party. in writing. at least ninety (90) days prior to expiration of this Contract (then "Renewal Notice") or (II) in the event Ci proposes new terms, conditions, or pricing ("New Terms"), such New Terms are notn accepted by the Customer in the Renewal Notice. There shall be no more than four (4) renewals to thiscontract.n B.nThis contract will be adjusted each year based on the Consumer Price Index (CPI). Use the Bureau of Labor Statistics web siren (http: ttwww. bis.govicpi/home.htd):n I mSelect the " South Urban region of the U.S. Map.n 2. Select the "More Formatting Options"n 3.n Select the " 12 months Percent Changen 4.n Select "Retrieve Data"n 5. Scroll down to the current year and select the "Feb" numbern 6. This number will be used as a multiplier for the recent year total of the maintenance contractn The percent number is a 13 -month percent change for the "South Urban" over the last 12 months as reflected in February. 7#Ct�y_T:1to Kweirs zxw I DUN A. The prices to be charged for the regular routine maintenance Services are as set forth in Exhibit B. B. The prices to be charged for the Demand Services and Professional Services areas set forth in Exhibit C. C.n All pricing discounts on both hardware and software, including all vendorequipment offered by Ci are set forth in Exhibit U.n D.nPayment for Services for monthly maintenance, as outlined in Exhibit B of this Contract, is due in advance and payable in fulln forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer on a monthly basis.n E.n Payment for all Demand Services. Professional Services and purchase of all products andlor equipment is due in full forty-five (45) days after receipt of invoice. Invoices shall be submitted to the Customer as the work is completed.n 5. EXTR4 CIIARGF.S No extra charges of any kind will be allowed unless specifically agreed to in writing by both Parties.n 6.n SERVICESn Am Installation. removal or reinstallation of equipment. shall be performed by Ci, following reasonable no tice to the Customer atn the rates listed in Exhibit C and at a time agreed to by both Parties.n B.n Items that are not covered under Services For maintenance in Exhibit B. such as speaker microphones and Enhanced Vehicular Chargers. will be repaired anit"or replaced as Demand Services and will be charged at the prices set forth in Exhibit C.n C.n In addition to the Services specified in this Contract. the Customer may order other work to be provided by Ci, includingn specially designed work or services otherwise not covered by this Contract ("Special Requirements Order"). Within ten (I0)n business days of receipt of a Special Requirements Order. Ci will furnish the Customer with a written proposal to fill suchn Special Requirements Order, including price and delivery time. The Customer may accept or reject any such proposal withn ten (14) Business Days of receipt. Any proposal not specifically accepted will be deemed rejected on the eleventh (I I"'# Business Day after receipt.n Pane 2 of 12 12 210 ORIGINAL D.e Purchase orders issued in compliance with this Contract, other than Special Requirements Orders, shall be deemed acceptede upon receipt by Ci. Special Requirement Orders shall be deemed accepted by Ci upon receipt of the Customer's acceptance ofe Ci's proposal.e E. Unless otherwise specifically agreed between Ci and the Customer, in writing. the terms and conditions of this Contract shalle take precedence over any accepted purchase order issued after the date of this Contract, in accordance with Section 16 of thise Contract.e F. All qualified Terminal Equipment in the Customer's inventory must be listed in Exhibit B to be covered under this Contracce G. Terminal Equipment shall be delivered to, and maintenance performed at, a Ci facility during Normal Working Hours. Ife Terminal Equipment is shipped to the Ci facility for repair, the return shipping charges shall be billable to the Customer. Emergency Service on Terminal Equipment. if requested, will be performed and will be charged at the prices set forth in Exhibite r.e H.e Any Terminal Equipment found to be non -working or incapable of meeting specifications during performance of the firste Preventative Maintenance effort t will be omitted from inventory on Exhibit B until the Terminal Equipment is brought up toe specification at the Customer's expense. Terminal Equipment that is designed to operate in chemically volatile or explosivee atmospheres or when immersed in water (e.g. Immersion or Intrinsically Safe radios) are not covered by thisContract.e 7.e YRE\'EN'fl%'E %IAINTENANCE Ci will annually perform verification on Terminal Equipment covered bythis Contract to validate factoryspecifications and correcte any deficiencies found ("Preventative Maintenance"). Copies of service records will be available to the Customer upon request.e 8. DATABASE REPROG ANI\MING Annual mobile radio software updates will be provided by Ci during annual Preventative Maintenance. The LID reprogramminge changes will be provided periodically. upon request, at no cost to the Customer. 9.e ADDITIONS AN,_'DDF[ TIO A.e The quantity of Tenninal Equipment units to be maintained and/or serviced may be added to, or removed from. this Contracte while the Contract is in force. New Terminal Equipment units purchased in any given budget year of the Customer may bee added to the Contra t immediately following the expiration date of the manufacturer's warranty. A letter of authorization frome the Customer is required to add to or remove EQUIPMENT from Exhibit B. Such Terminal Equipment must he identified bye individual LTD numberes. serial numbers and property ID numbers.e B.e Charges for Terminal Equipment added or removed in a particular month will be added to, or dropped from, theamount chargede to the Customer the following month.e 10. RESPONS . TI1HE The estimated time of repair of Terminal Equipment delivered to Cis local facility is three (3) to seven (7) Business Days.e 11. t~ORCE iV1AJEURE Ci will not be considered in default or liable for any delay or failure to perform its obligations: under this Contract if such delay ore failure arises directly or indirectly out of an act of nature, war. labor strikes. lockouts. trade disputes., fires, quarantine restrictions.e governmental action or by causes beyond the reasonable control of Ci. In such event. any obligation of Ci under this Contract wille be postponed until the cause underlying the Force Majeure ceases to exist and such postponement or delay will not be held againste Ci. Ci shall immediately notify the Customer verbally and in writing if a Force Majeure event delays performance and shall statee the revised date for perfonnance.e 12. 1NDEMN FICAT ON To the extent allowable by law. Ci shall indemnify and save harmless the Customer from any and all liability. claims. damages.e losses or expenses. including attorney's fees. arising out ofor resulting from the performance of its wort: underthis Contract, where Page 3 of 12 12 211 ORIGINAL such claim, damage, losis. or expense is directly caused by the negligence or intentional wrongful act or omission of Ci. its agents. employeem. or any of its subcontractors, in connection with or pursuant to this Contract. 13.e LIMITATION OF LIABILITY The liability of Ci pursuant to Section 12 shall not exceed the greater of an aggregate limit of $50 ,000 or the amount actually paid by the Customer to Ci under this Contract, regardless of the legal theory under which such liability is imposed.e 14.e INSURAN _t:. A.e Within thirty (30) days of the execution of this Contact. Ci shall furnish the Customer with certificates of insurance showinge that Ci carries Automobile Insurance and General Liability Insurance in an amount not less than One Million Dollarse (x1,000.000) per occurrence and Workmen's Compensation Insurance sufficient to satisfy state law requirements. Thee certificates of insurance shall also provide that at least thirty (30) days' notice in writing shall be given to the Customer of anye cancellation or reduction of coverage before such coverage is cancelled or reduced.e B.e The Customer shall be named as an additional insured party on the policies obtained by Ci pursuant to this Section. Ci shalle not be relieved of any obligation of indemnification pursuant to this Contract by reason of its failure to secure and maintaine insurance as required by this Section.e 15.eC- NCELLATIONe This Contract may be terminated by either parry, with or without cause. upon not less than ninety (90) days' notice, in writing, bye overnight delivery, personal delivery or registered mail return receipt requested to the other party. Such notice shall be effectivee upon receipt.e This Contract and the attachments hereto and made a part hereof sets forth the entire agreement of the Parties with respect to thee subject matter hereof and supersedes and merges all prior agreements and understandings. No amendments modification or waivere of any provisions of this Contract or consent to any departure therefrom shall be effective unless in writing and signed by dulye authorized officers of both Parties.e AU1410RIZED SIGNATURE -CONTRACT NUMBER CI -110-950 IN WITNESS HEREOF, Communications International. Inc. and the Customer have caused this Contract to besigned as of the Effective Date set forth above. COMMUNICATIONS INTERNATIONAL, INC. By: jp4ML M Name: m 2 S Title: V P "I Se y Vr; e.,.Q , INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Name: Title: Page 4 of 12 12 212 Contract Number C1410-950 EXHIBIT "A" Sf:OPE OF WORK ORIGINAL During the term of the Contract. Ci agrees (i) to provide the Customer with repair. maintenance services and parts to maintain the Customer's radio equipment as set forth herein and (ii) to provide the products and services as described in Exhibit A and B at the prices set firth in Exhibits B and C. 1. Conditions of Service Ci shall supply staffing, supervision, labor, service facilities, repair parts, test equipment and supplies necessary to meet the service requirements stated herein. 2. Terminal Equipment Maintenance 3. Fixed Equipment Maintenance A. Emergency Service shall be provided by Ci for Fixed Equipment Maintenance and Ci will respond within two (2) hours ofthe Customer's request for Emergency Service. B. Ci shall not be liable for any costs incurred for repair and/or replacement of any Fixed Equipment that becomes inoperative due to user or third -party negligence. installation or removal: liquid intrusion; lightening damage or Acts of God. Any component parts replaced under this Section shall be returned to Customer for inspection. C. Ci shall not be liable for any costs incurred for correcting, repairing or replacing infrastructure or data corruption caused by (i) improper operations of Customer or any third party or (ii) Failure of Associated Systems. " Associated Systems" are defined as any equipment used in the operation of the Customer's Fixed Equipment or Terminal Equipment that is not maintained by Ci. 4. Preventative Maintenance Ci will annually perform verification on Tenninal Equipment covered by this Contract to validate factory specifications and will correct any deficiencies found. 5. General All services provided under this Contract are only applicable to the Terminal Equipment. Fixed Equipment and Other Equipment listed in Exhibit "B". Page 5 of 12 12 213 ORIGINAL 0 COMMUNICATIONS INTERNATIONAL An Employee Owned Company 4450 US Highway 1 Vero Beach, FL 32967 772-569-5355 Fax: 772-567-2292 N Exhibit B Contract # Ci -110.950 Covered Period: October 1, 2020 - September 30, 2021 Indian River County Emergency Services To: Indian River County Emergency Services Radio Systems Manager Radio Systems Manager 1840 25th 1840 25th Street Street Vero Beach, FL 32960 Vero Beach. FL 32960 772-567-3160 • . .-. �� -� �� �. ter; ,-� , South Urban South Tower Site 2019/2020 CPI 2020/2021 Qty Unit Amounto Unit Monthly 1.90% Amount Amount Channels Mastr III Stations 7 $131.72 2.50 $134.22 $939.54 Channel Site Pro's 7 $44.93 0.85 $45.78 $320.46 Master V Stations Under warranty/Accepted 111112020 5 $31.88 $31.88 $159.40 Master V Stations 5 $127.50 2.42 $129.92 $649.60 Receiver Multi -coupler with Tower Top Amp 1 $145.01 2.76 $147.77 $147'77 Network Sentry Server 1 $321.30 6.10 $327.40 $327.40 Simulcast Common Transmit Equipment 1 $329.27 6.26 $335.53 $335.53 Mastr III Mutual Aid Channels 6 $131.72 2.50 $134,22 $805.32 Intraplex Multiplexer 3 $30.95 0.59 $31.54 $94.62 Microwave Radios to IRCEM & VBPD 4 $128.92 2.45 $131.37 $525.48 Microwave Radio to Egrets Marsh 2 $128.94 2.45 $131.37 $262.74 Vida Unit Switch 1 $298.25 5.67 $303.92 $303.92 IP Network Equipment 2 $128.43 2.44 $130-87 $261.74 Total for South Site $5,133.52 Simulcast Control Point South Urban CPI 2020/2021 o ty Unit Amount Unit Monthly 1.90% Amount Amount Vertical Site Pros 7 $122.65 2.33 $124.98 $874.86 intrapiex Multiplexers 3 $30.95 $31.54 $94.62 Page 6 of 12 12 214 Pade 7 of 12 12 215 ORIGINAL 0.59 Egret Marsh Intraplex Multiplexer 1 $28.81 0.55 $29.36 $29.36 Network Sentry Server 1 $321.30 6.10 $327.40 $327.40 Control Point Common Equipment 8 Alignment Rack 1 $329.27 6.26 $335.53 $335.53 15 Analog & Digital Voters Egret Marsh 1 $134.77 2.56 $137.33 $137'33 Down Links $30.91 0.59 $31.50 $31.50 SIM ! $131.59 2.50 $134.09 $134.09 DC Power System pos 24 volt $388.55 7.38 $395.93 $395.93 DC Power System neg 48 volt 1 $384.32 7.30 $391.62 $391.62 IP Network Equipment t $128.43 2.44 $28p.87 $130.87 Total for Simulcast Control Point $2,883.11 North Tower Site South Urban CPI 2020/2021 Qty UndAmouunt Unit Monthly Amount Amount Mastr Ill Stations T $131.72 2.50 $134.22 $939.54 Channel Site Pro's 7 $44.93 0.85 $45.78 $320.46 Master V Stations Under warrantylAccepted 111112020 5 $31.88 $31.88 $159.40 Master V Stations 5 $127.50 2.42 $129.92 $649.60 Receiver Multi -coupler with Tower Top Amp 1 $144.89 2.75 $147.64 $147.64 Network Sentry t $321.30 6.10 $327.40 $327.40 Simulcast Common Transmit Equipment 1 $329.27 6.26 $335.53 $335.53 Mastr III Mutual Aid Channels 0 $0.00 $0.00 Intrapiex Multiplexer 3 $30.95 0.59 $31.54 $94.62 DC Power Supply System pos 24 volt 1 $316.09 6.01 $322.10 $322.10 DC Power Supply System neg 48 volt 1 $312.65 5.94 $318.59 $318.59 Microwave Radio to Hobart 2 $131.63 2.50 $134.13 $268.26 Microwave Radios to Sebastian PD 2 $128.92 2.45 $131.37 $262.74 IP Network Equipment 1 $128.43 2.44 $130.87 $130.87 Total for North Site $4,276.75 Fellsmere Tower Site South Urban CPI 2020/2021 Qty Unit Amount Unit Monthly 1.90% Amount Amount Mastrlll Stations 7 $131.72 2.50 $13422 $939.54 Channel Site Pro's 7 $44.93 0.85 $45.78 $320.46 Master V Stations Under warranty/Accepted 11/112020 5 $31.88 $31.88 $159.40 Master V Stations 5 $127.50 2.42 $129.92 $649.60 Mastr III Mutual Aids Channels 0 - $0.00 $0.00 Downlinks 1 $30.91 $31.50 $31.50 Pade 7 of 12 12 215 0.59 Sim 1 $269.53 5.12 $274.65 $274.65 Network Sentry Server 1 $321.30 6.10 $327.40 $327.40 Receiver Multi -coupler with Tower Top Amp 1 $144.89 2.75 $147.64 $147.64 Intraplex Multiplexer 2 $30.95 0.59 $31.54 $63.08 DC Power Supply System pos 24 volt $316.09 6.01 $322.10 $322.10 DC Power Supply System neg 48 volt $0.00 $312.65 5.94 $318.59 $318.59 Microwave Radios to Hobart 2 $128.92 2.45 $131.37 $262.74 IP Network Equipment 1 $128.43 2.44 $130.87 $130.87 Total For Fellsmere Site $3.947.57 SoutCPlrban Dispatch Equipment 2020/2021 Qty Unit Amount Unit rCnft Symphony Consoles 10 $174.82 1.84 $176.66 IMC/CEC Switch 1 $919.54 1.86 $921.40 $921.40 'Microwave Alarm Pc 1 $30.91 0.59 $31.50 $31.50 'DVIU 1 $395.12 7.51 $402.63 $402.63 'MOM System '' $118.54 2.25 $120.79 $120.79 'CSD $362.21 6.88 $369.09 $369.09 'CSD Client 1 $105.36 2.00 $107.36 $107.36 Netclock -GPS 2 $55.31 1.05 $56.36 $112.72 Intraplex Multiplexers- 11 $30.95 0.59 $31.54 $346.94 Zetron Model 25 Encoders 5 $32.95 0.63 $33.58 $167.90 Orion Remote Back-up Radios 9 $31.59 0.60 $32.19 $289.71 Microwave Radios (IRCSO. VBPD, Seb PD dispatch) 6 $128.92 2.45 $131.37 $788,22 IP Network Equipment 1 $128.43 2.44 $130.87 $130.87 UPS battery backup (located at South site) 1 $48.28 0.92 $49.20 $49.20 Total for Dispatch Equipment - - 55.604.93 errs Hobart Tower Site South Urban CPI 2020/2021 Qty Unit Amount Unit ScA99t� Unit u d Mastr III Back-up Stations 7 $52.69 1.00 $53.69 Master V Stations Under warranty/Accepted 111112020 5 $31.88 $31.88 ter V S korN 5 $127.50 2.42 $129.92 Receiver Multi -coupler with Tower Top Amp 1 $144.89 2.75 $147.64 Intraplex Multiplexer 1 $30.95 0.59 $31.54 Med 4 Station 0 $0.00 Page 8 of 12 12 OWNY Llama Feiss $159.40 $649.60 $147.64 $31.54 $0.00 216 ORIGINAL Med 8 Station 1 $46.10 0.88 $46.98 $46.98 VHF EM/Fire Page Station 1 $138.30 2.63 $140.93 5140.93 DC Power System neg 48 volt 1 $312.65 5.94 $318.59 S318.59 Microwave Radios to North, West, IRCEM sites 6 $128.92 2.45 $131.37 $788.22 Total for Hobart Site $2,658.73 Egret Marsh Site South Urban CPI 2020/2021 Qty Unit Amount Unit Monthly 1.90% Amount Amount Mastr III Stations 7 $170.21 3.23 173.44 1,214.08 Master V Stations Under warranty/Accepted 11M/2020 5 $31,88 31.88 159.40 Master V Stations 5 $127.50 2.42 129.92 649.60 Network Sentry 1 $321.30 6.10 327.40 327.40 Simulcast Common Transmit Equipment 1 $313.14 5.95 319.09 319.09 Intraplex Multiplexer 1 $29.44 0.56 30.00 30.00 DC Power Supply System pos 24 volt 1 $299,73 5.69 305.42 305.42 DC Power Supply System neg 48 volt 1 $312.65 5.94 318.59 318.59 Microwave Radios to South site 2 $128.92 2.45 131.37 262.74 Total for Egret Marsh 3,586.32 IRC EOC Site South Urban CPI 202012021 Qty Unit Amount Unit Monthly 1.90% Amount Amount Microwave Radios to IRCSO Dispatch, Hobart, South 6 sites $12.66,92 2.45 $131.37 $788.22 Vida Unit Switch i $298.25 5.67 $303.92 $303.92 Total for EOC site $1,092.14 Cost Summary for Oct 2019 -Sept 2020 12 months South Tower Site Simulcast Control Point North Tower Site Fellsmere Tower Site Dispatch Equipment Hobart Tower Site Egret Marsh Site IRC EOC Site Total Monthly Maintenance for Sites: Total Annual Oct -Sept Maintenance: Monthlv Totals Page 9 of 12 12 $5,133.52 $2,883.11 $4,276.75 $3,947.57 $5,604.93 $2,658.73 $3,586.32 $1.092.14 asau,Iao.av 217 .:..:ORIGINAL The Consumer Price Index Southeast Urban Region of 1.9 has been added to each equipment line item that was on 2019-2020 agreement: Page 10of 12 Zl$ Contract Number CI -110-950 EXHIBIT "C" DEMAND SERVICE RATES Demand Services Support Staff Cabler System installer System Design Engineering Hourly Rate Maintenance Technician (Bench) RF Engineer IT Engineer Site Manager Project Manager Emergency Service Rate Expenses Lodging Per Diem Travel Time Page I I of 12 ORIGINAL Rate Per Hour $ 50.00 $ 57.00 $ 62.00 $ 150.00 $ 88.00 $ 125.00 $ 125.00 $ 80.00 $ 100.00 Rate* 1.5 Actual Actual IRS Rate Actual 219 Contract No. CIA 10-950 EXHIBIT "D" Pricing Discounts ORIGINAL Pricing discounts for all UHarris manufacturcd cquipment will be at the current Public Safcty discount level of 28 % off list price published on the UHarris website. All list pricing will reference the most current pricing available. All vendor items will be priced at current published " Public Safety or Government" discount levels. Discounts on all other manufactured equipment, custom equipment. and software not having published discount levels will be quoted at the time of request. All prices will be at best pricing offered to Public Safety Agencies by Ci in the State of Florida. Page 12 of 12 220 ►e Vi y �C N M N N N o0 M N N a1 �c tn ON M O, O M Mzr M W W r M 6R6136R696969646464 6M, le N li tn W N vo M f!9 ll wo N N Instructions for the Consumer Price Index, Southern Urban. The prior charts have been discontinued. Go to the following link: Consumer Price Index (CPI) Databases : U.S. Bureau of Labor Statistics bls. ov You will see a list of CPI Databases example below: Consumer Price Index Bureau of tabor Statistics -Con sumer Price Index > Q�2 > Databases Consumer Price Index (CPI) Databases Databases All Urban Consumers (Current Series) (Consumer Price Index - CPI) Urban Wage Earners and Clerical Workers (Current SerleQ (Consumer Price Index • CPI) All Urban Consumers (Chained CPI) (Consumer Price Index •;PQ Average Price Data (Consumer Price Index -CPQ Choose "All Urban Consumers (Current Series) —Top Picks Click South Region, All Items, Then Retrieve Data 223 When the table appears below: click on More formatting Options Databases, Tables & Calculators by Subject Change Output Options: From: 2011 v To: � W (2 Include graphs C2 Include annual averages More ForrnettIna Ontionsmwr Data extracted on: June 21, 2021(11:05:22 Aht) CPI for All Urban Consumers (CPI -U) series Id: CUUR03DOSAO Not Seasonally Adjusted Series Title: MI items in South urban, all urban consumers. not seasonally adjusted Area: South nem: All items 9ase Period: 1082.84-100 S t m You can make selections for the specific information you are looking for, in the following example, I selected Table Format, Original and 12- Month Percent change for years 2018 — 2021, including graphs and annual averages in HTML Format. Once you have made your selection click retrieve data. U.S. BUREAU OF LABOR STATISTICS DATA TOOLS v Databases, Tables & Calculators by Subject Select view of the data Fab Format` olumn Format Multi -series table DO anal Data Value �l-Month Percent Change 02 -Month Percent Change CD3 -Month Percent Change 06 -Month Percent Change 1212 -Month Percent Change :elect the time frame for your O All years on (4)All Time Periods OR tJ Sp*tA!y year range: Fr 2018 v To: 2021 �r O Select one time period: nnual Data anuary February M1tarch prit a), —J Output Type: (select one) raphe— Annual Averages O- HTML table OR it 0 include graphs (O include annual averages comma delimited v Retrieve Data The following series Id(s) were generated from your query. To save these series id(e), cut and paste to s eeze Ate. (Edits are i pored. To chars a these xries id(s) you will need to restart your query.) UUR0300SAO 224 Results of the selections on prior page. U.S. BUREAU OF LABOR STATISTICS DATA TOOLS Databases, Tables & Calculators by Subject Change Output Optima: From: 2038 w TO: 2023 v; Q O include graphs 0 include annual averages Moro FOrmetttnn oo[lans yi. Data extracted an: June 21; 2021 (11:01:44AM) CPI ter All Urban Consumers (CPI -U) Serlesld: CVUR03005A0 Not Sea -Ily Adjusted Sarlas Vista: All item* in South Urbeer all ,be. co w.ers. not seasontally adjusted Area: South - Item: All items Wase Period: 1982-84=100 225 I1 CONSENT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Department of Emergency Services FROM: Karen Rackard, 911 Coordinator Department of Emergency Services DATE: September 11, 2023 SUBJECT: Approval of Grant Agreement Authorization It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. BACKGROUND: On June 6, 2023, the Board authorized staff to apply for the Florida E9-1-1 State Grant and subsequently approved funding. In August 2023 the Florida Communication Board awarded Indian River County a grant for the GIS Repository in the amount of $207,472.16. The County's grant application has been approved by the State, pending local County acceptance. The purpose of the grant is to upgrade equipment to the NENA B NG911 standard. This allows the County's 911 agencies to support interoperability and share accurate location information as the transition from legacy 911 to NG911 systems evolves. The Florida 9-1-1 State Grant Program will fund the entire Project. The State selected two vendors qualified to complete the necessary work. Staff selected GeoComm under their eligible GSA contracts to complete the repository services, as they are our current call taking map provider. FUNDING: There is no additional funding required for this item, as it has previously been approved. RECOMMENDATION: Staff recommends the Board approve the agreement and authorize the Chairman to sign it, after review and approval by the County Attorney as to form and legal sufficiency. Staff also recommends the Board authorize the Director of Emergency Services to sign any documents necessary with GeoComm to execute the work, after review and approval by the County attorney as to form and legal sufficiency. ATTACHMENT: Additional Terms and Conditions for State Grant Agreement 226 Additional Terms and Conditions for State Grant S24-23-08-03 This Grant Agreement is entered into by and between the Florida Department of Management Services (the "Department" or "DMS") and Indian River County ("Grantee"), collectively referred to as the "Parties." The terms of this Agreement encompass and supplement the terms and conditions contained in W Form 3A, 911 Grant Programs (the "Application"), incorporated by reference in Rule 60FF1-5.003, Florida Administrative Code (F.A.C.), and the Grantee's award letter. 1. AUTHORITY The Department has been appropriated funds from the Emergency Communications Board Trust to provide grants to counties for the purpose of upgrading 911 systems. The Department has the authority, pursuant to section 282.702, Florida Statutes (F.S.), to enter into this Agreement and to disburse the appropriated funds to the Grantee under the terms and conditions set forth herein. 2. GENERAL TERMS AND CONDITIONS 2.1. The Application, the Grantee's award letter, and these Additional Terms and Conditions for State Grant, including its attachments and exhibits (collectively referred to as the "Agreement"), contain all of the terms and conditions agreed upon by the Parties. If there are any conflicting provisions between the documents that make up the Agreement, the following order of precedence applies: 2.1.1. These Additional Term and Conditions for State Grant; 2.1.2. Attachment 1, Audit Requirements for Awards of Assistance (with its Exhibit 1); 2.1.3. the Grantee's award letter; and 2.1.4. the Grantee's submitted Application. 2.2. In accordance with sections 365.172 and 365.173, F.S., the Grantee shall perform the tasks specified herein in accordance with the terms and conditions of this Agreement. 2.3. The term of this Agreement begins on August 22, 2023, and ends on October 22, 2028. 2.4. The Parties shall be governed by all applicable state and federal laws, rules, executive orders, and regulations, including, but not limited to, those identified in the "Applicable Statutes and Regulations" table, below. Any express reference in this Agreement to a statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. Failure to comply may affect the current grant award and future grant awards. 2.4.1. The Grantee shall comply with the State of Florida Reference Guide for State Expenditures, which can be obtained at the Florida Department of Financial Services, Division of Accounting and Auditing, website. 2.5. This is a cost -reimbursement agreement. This Agreement shall not exceed the amount specified on the Grantee's award letter, and payment shall only be issued by the Department after acceptance of the Grantee's performance as set forth by the terms and conditions of this Agreement. No renewals of this Agreement are available. 2.5.1. Any reduction of grant expenditures approved by the Emergency Communications Board does not require a grant amendment to this Agreement. 2.6. The Grantee agrees to use the funds awarded under this Agreement only for costs directly incurred for the grant project activities specified in the Application. Costs must be reasonable, necessary, allocable, and allowable for the approved project and only incurred during the term of this Agreement. 1 227 2.6.1. The Grantee shall refund to the Department any balance of unobligated funds that was advanced or paid to the Grantee. 2.6.2. The Grantee shall refund to the Department any monies used for ineligible purposes under the laws, rules, and regulations governing the use of these funds. 2.7. The Grantee shall submit the final request for reimbursement and supporting documentation for incurred obligations to the Department no later than 120 days after expiration or of this Agreement. 3. OBLIGATION TO PAY The State's obligation to pay under this Agreement is contingent upon annual appropriation by the Legislature and is subject to any modification in accordance with either Chapter 216, F.S., or the Florida Constitution. 4. MODIFICATION 4.1. The Scope of Work in the Application is hereby modified to specify the following deliverable(s): Deliverable No. 1—Tasks for Region 5 GIS Repository Performance Standard Documentation Financial Consequences Complete all work related 1) The Grantee shall submit If Grantee fails to comply to Region S GIS Repository reimbursement claims in with any term of the award, as described in the grant accordance with Section DMS shall take one or more application, and in 15, below. of the following actions: accordance with the 2) The Grantee shall submit 1. Temporarily withhold cash Grantee's contract with its copies of: payments pending correction chosen vendor. a. Any contracts or of the deficiency by Grantee; purchase orders with 2. Disallow all or part of the vendors; cost of the activity or action b. Vendor invoices; not in compliance; c. Proof of payment to 3. Wholly or partly suspend vendors; and or terminate the current d. Proof of receipt of award for the Grantee; deliverables. 4. Suspend or deny future grant awards; or 5. Take other remedies that may be legally available. DMS will provide no reimbursement for any improvement that does not meet the standards established in this Agreement. TOTAL REIMBURSABLE AMOUNT NOT TO EXCEED $207,472.16 PJ 228 5. CONTACTS AND NOTICE 5.1. In accordance with section 215.971(2), F.S., the Department's Grant Manager is responsible for enforcing performance of this Agreement's terms and conditions and will serve as the Department's liaison with the Grantee. As part of his or her duties, the Department's Grant Manager will: 5.1.1. Monitor and document the Grantee's performance of the terms of this Agreement, which may include but shall not be limited to, onsite visits by DMS staff, limited scope audits, or desktop monitoring; 5.1.2. Review all documentation for which the Grantee requests payment; and 5.1.3. Reconcile and verify all funds received against all funds expended during the period of this Agreement and produce a final reconciliation report that identifies any funds paid in excess of the expenditures incurred by the Grantee. The Department's Grant Manager responsible for the administration of this Agreement is: Valerie Wainwright 4030 Esplanade Way Tallahassee, FL 32399 Valerie.Wainwright@dms.fl.gov 5.2. The Grantee's Grant Manager is responsible for monitoring the performance of this Agreement's terms and conditions and will serve as the Grantee's liaison with the Department. As part of his or her duties, the Grantee's Agreement Manager shall provide all reports, as well as any other required documents under this Agreement, to the Emergency Communications Board in accordance with Section 9, Grant Reporting Procedures, of the Application. The Grantee's Grant Manager responsible for the administration of this Agreement is: Karan Rarkarrl Indian River County E911 Coordinator 4225 43rd Avenue Vero Beach, FL 32967 Krackard@ircgov.com 5.3. In the event that different managers or addresses are designated by either party after execution of this Agreement, a notice of the name, title, and address of the new Grant Manager will be provided to the other party in writing. Such changes do not require a formal written amendment to the Agreement. 5.4. All notices from both Parties, other than the notice of award and notices related to the business of the Emergency Communications Board, shall be effective when placed in the United States, first-class mail, postage prepaid, by registered or certified mail, return receipt requested, to the addresses above. 6. AUDIT REQUIREMENTS 6.1. The Grantee shall retain all its records, financial records, supporting documents, statistical records, and any other documents, including electronic storage media, pertinent to this Agreement in accordance 3 229 with the record retention requirements of Part V of Attachment 1, Audit Requirements for Awards of State Financial Assistance. The Grantee shall cooperate with the Department to facilitate the duplication and transfer of such records or documents upon the Department's request. 6.2. The Grantee shall maintain books, records, and documents in accordance with the generally accepted accounting principles to sufficiently and properly reflect all expenditures of funds provided by the Department under this Agreement. 6.3. The Grantee shall comply with all applicable requirements of section 215.97, F.S., and Attachment 1, Audit Requirements for Awards of State Financial Assistance. If the Grantee is required to undergo an audit, the Grantee shall disclose all related party transactions to the auditor. 7. RECORDS 7.1 As required by section 215.97, F.S., and Rule 691-5.006, F.A.C, the Department, the Department of Financial Services, and the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Grantee which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Grantee's personnel for the purpose of interview and discussion related to such documents. This provision does not limit the Department's authority to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance or limit the authority of any state awarding agency inspector general, the Auditor General, or any other state official. 7.2 The Grantee shall maintain all records, including those pertaining to any and all contractors, subcontractors, and consultants to be paid from funds provided under this Agreement and further including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the Application, and all other applicable laws and regulations, for the longer of five (5) years after the end of the performance period specified in the table above and all pending matters or the period required by the General Records Schedules maintained by the Florida Department of State. 7.3 If the Grantee's record retention requirements terminate prior to the requirements stated herein, the Grantee may meet the Department's record retention requirements for this Agreement by transferring its records to the Department at that time, and by destroying duplicate records in accordance with section 501.171, F.S., and, if applicable, section 119.0701, F.S. The Grantee shall adhere to established information destruction standards such as those established by the National Institute of Standards and Technology Special Publication 800-88, "Guidelines for Media Sanitization" (2006). See http://csrc.nist.gov. 7.4 In accordance with section 216.1366, F.S., the Grantee shall permit the Department to inspect the Grantee's financial records, papers, and documents that are directly related to the performance of the Agreement or the expenditure of state funds and the programmatic records, papers, and documents that the Department determines are necessary to monitor the performance of the Agreement or to ensure that the terms of the Agreement are being met. The Grantee shall provide such records, papers, and documents requested by the Department within ten (10) business days after the request is made. 8. PUBLIC RECORDS The Grantee, an agency as defined in section 119.011(2), F.S., must comply with the requirements of Chapter 119, F.S., in the performance of its obligations under this Agreement. The Grantee must also ensure that any 4 230 contractors and subcontractors that perform work pursuant to this Agreement comply with the requirements of Chapter 119, F.S., as applicable. 9. LIABILITY 9.1. The Grantee is solely responsible to parties it deals with in carrying out the terms of this Agreement and, subject to the limitation of section 768.28, F.S., the Grantee shall hold the Department harmless against all claims of whatever nature by third parties arising from performance under this Agreement. 9.2. The Grantee, a subdivision as defined in section 768.28, F.S., agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Department and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in section 768.28, F.S. Nothing in this Agreement is intended to serve as a waiver of sovereign immunity by the Grantee. Nothing in this Agreement may be construed as consent by a state agency or subdivision of the state to be sued by third parties in any matter arising out of any contract. 10. EVENTS OF DEFAULT If any of the following events occur ("Events of Default"), all obligations to make any further payment of funds shall, if the Department elects, terminate and the Department has the option to exercise any of the remedies set forth herein. However, the Department may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies and without becoming liable to make any further payment. The Events of Default are: 10.1. If any warranty or representation made by the Grantee in this Agreement or any previous agreement with the Department is or becomes false or misleading in any respect; 10.2. If the Grantee fails to keep or timely perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with the Department and has not cured them in a timely fashion; 10.3. If material adverse changes occur in the financial condition of the Grantee at any time during the term of this Agreement; or 10.4. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete, or insufficient information. 11. REMEDIES If an Event of Default occurs, then the Department shall provide a written notice to the Grantee, and, upon the Grantee's failure to cure the default within the thirty (30) calendar days, the Department may exercise any one (1) or more of the following remedies, either concurrently or consecutively: 11.1. terminate this Agreement in accordance with Section 12, Termination, below; 11.2. withhold or suspend the payment of all or any part of a request for payment; 11.3. exercise any corrective or remedial actions, including but not limited to: 11.3.1. request additional information from the Grantee to determine the reasons for or the extent of non-compliance or lack of performance; 11.3.2. issue a written warning to advise that more serious measures may be taken if the situation is not corrected; or 11.3.3. advise the Grantee to suspend, discontinue, or refrain from incurring costs for any activities in question. 5 231 Pursuing any of the above remedies will not preclude the Department from pursuing any other remedies available under this Agreement or at law or in equity. If the Department waives any right or remedy in this Agreement or fails to insist on strict performance by the Grantee, it does not affect, extend, or waive any other right or remedy of the Department, or affect the later exercise of the same right or remedy by the Department for any other default by the Grantee. 12. TERMINATION 12.1. Termination Due to the Lack of Funds. If funds become unavailable for the Agreement's purpose, such an event will not constitute a default by the Department or the State. The Department agrees to notify the Grantee in writing at the earliest possible time if funds are no longer available. In the event that any funding identified by the Grantee as funds to be provided for completion of the project as described herein becomes unavailable, including if any State funds upon which this Agreement depends are withdrawn or redirected, the Department may terminate this Agreement by providing written notice to the Grantee. The Department will be the final authority as to the availability of funds. 12.2. Termination for Cause. The Department may terminate this Agreement for cause after ten (10) days of a written notice, which will be issued after the 30 -day cure period ends. Cause includes, but is not limited to, misuse of funds, fraud, lack of compliance with applicable rules, laws, and regulations, failure to perform on time, or refusal to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, F.S., unless exempt from Section 24(a) of Article I of the State Constitution and section 119.07(1), F.S., or applicable state or federal law, which the Grantee created or received under this Agreement. 12.3. Termination for Convenience. The Department may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds by providing the Grantee with thirty (30) calendar days' prior written notice. 12.4. Mutual Termination. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of the Agreement. 12.5. Grantee Responsibilities upon Termination. Upon notice of termination, the Grantee shall: 12.5.1. not incur new obligations for the terminated portion of the Agreement; and 12.5.2. cancel as many outstanding obligations as possible. Costs incurred after the receipt of the termination notice are disallowed. The Grantee shall not be relieved of liability to the Department because of any breach of this Agreement by the Grantee. The Department may, to the extent authorized by law, withhold payments to the Grantee for the purpose of set-off until the exact amount of damages due to the Department from the Grantee is determined. 13. RESULTING THIRD PARTY CONTRACTS AND SUBCONTRACTS 13.1. The Grantee may contract with third parties to perform work in accordance with its Application. The Grantee remains fully responsible for the satisfactory completion of any and all work performed by any contractors and subcontractors. 13.1.1 If the Grantee contracts all or part of the work contemplated under this Agreement, including entering into contracts with vendors for services, it is understood by the Grantee that all such contract arrangements shall be evidenced by a written document containing all provisions necessary to ensure the contractor's compliance with applicable state and federal laws. The Grantee further agrees that the Department shall not be liable to the contractor for any expenses or liabilities incurred under the contract and that the Grantee shall be solely liable R 232 to the contractor for all expenses and liabilities incurred under the contract. The Grantee, at its expense, will defend the Department against such claims. 13.2. With the Grantee's approval, the Grantee's contractor may subcontract work performed, and the Grantee's contractor will be fully responsible for satisfactory completion of all subcontracted work. 14. MANDATED CONDITIONS 14.1. The Grantee and its contractors and subcontractors have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E -Verify system for all newly hired employees in accordance with section 448.095, F.S. By executing this Agreement, the Grantee certifies that it is registered with, and uses, the E -Verify system for all newly hired employees in accordance with section 448.095, F.S. The Grantee must obtain an affidavit from its contractors and subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Agreement. This section serves as notice to the Grantee regarding the requirements of section 448.095, F.S., specifically sub -paragraph (2)(c)1, and the Department's obligation to terminate the Agreement if it has a good faith belief that the Grantee has knowingly violated section 448.09(1), F.S. The Department will promptly notify the Grantee and order the immediate termination of the contract between the Grantee and a contractor and a subcontractor performing work on its behalf for this Agreement should the Department have a good faith belief that the contractor or subcontractor has knowingly violated section 448.09(1), F.S. 14.2. In accordance with sections 11.062 and 216.345, F.S., funds received under this Agreement are not to be used for the purpose of lobbying or used to directly or indirectly influence legislation or any other official action by the Florida Legislature, the judicial brand, or any state agency. 15. MISCELLANEOUS 15.1. Governing Law and Venue. This Agreement shall be construed under the laws of the State of Florida, and the venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. 15.2. Payment and Invoicing 15.2.1. Payment Process. Subject to the terms and conditions established in this Agreement and the billing procedures established by the Department, the Department agrees to pay the Grantee in accordance with section 215.422, F.S. The applicable interest rate can be obtained at: http://www.myfloridacfo.com/Division/AA/Vendors/default.htm. 15.2.2. Invoicing. The Grantee shall submit all claims for reimbursement and for progress payments, as described in Section 8, Financial and Administrative Requirements, of the Application. After receipt of the reimbursement claim, and in accordance with the payment provisions established in this Agreement, the Department shall disburse the amount of funds approved by the Board. 15.2.3. Invoice Detail. Invoices submitted by the Grantee must fulfill all requirements specified in the scope of work and include all supporting documentation, when applicable. The Grantee shall also submit invoices in sufficient detail to fulfill all applicable requirements of the State of Florida Reference Guide for State Expenditures. All charges for reimbursement of expenses authorized by the Board shall be submitted to the Department in sufficient detail for a proper pre -audit and post -audit to be performed. 15.3. Intellectual Property. Where activities supported by this Agreement result in the creation of intellectual property rights, the Grantee shall notify the Department, and the Department will determine whether the Grantee will be required to grant the Department a perpetual, irrevocable, royalty -free, nonexclusive license to use, and to authorize others to use for State government purposes, any resulting patented, copyrighted, or trademarked work products developed under this Agreement. The 233 Department will also determine whether the Grantee will be required to pay all or a portion of any royalties resulting from such patents, copyrights, or trademarks. 15.4. Conflict of Interest. This Agreement is subject to Chapter 112, F.S. The Grantee shall disclose the name of any officer, director, employee, or another agent who is also an employee of the State. The Grantee shall also disclose the name of any State employee who owns, directly or indirectly, more than a five percent (5%) interest in the Grantee or its affiliates. 15.5. Non -Discrimination. The Grantee shall not unlawfully discriminate against any individual employed in the performance of this Agreement due to race, religion, color, sex, physical handicap unrelated to such person's ability to engage in this work, national origin, ancestry, or age. The Grantee shall provide a harassment -free workplace, and any allegation of harassment shall be given priority attention and action. 15.6. Electronic Funds Transfer Enrollment. The Grantee agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party signed this Agreement. Copies of the authorization form and a sample blank enrollment letter can be found at: http://www.myfloridacfo.com/Division/AA/Vendors/. Questions should be directed to the EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. 15.7. Survival. Any right or obligation of the parties in this Agreement which, by its express terms or nature and context, is intended to survive termination or expiration of this Agreement, will survive any such termination or expiration. 15.8. Severability. If any provision of this Agreement is in conflict with any applicable statute or rule or is unenforceable, then the provision shall be null and void to the extent of the conflict and shall be severable but shall not invalidate any other provision of this Agreement. I hereby affirm my authority and responsibility for the use of the funds requested. Grantee Date: Signature — Authorized County Official Joseph E. Flescher Title: Chairman Printed Name Grantor Department of Management Services/ Secretary Date: Printed Name 234 T APPLICABLE STATUTES AND REGULATIONS The Grantee and the Department shall be governed by all applicable State and federal laws, rules, and regulations, including those identified in this table. General Requirements Florida Statutes (F.S.) § 11.062, F.S. - Use of state funds for lobbying prohibited; penalty § 20.055, F.S. - Agency inspectors general Chapter 11Z F.S. - Public Officers and Employees: General Provisions Chapter 119, F.S. - Public Records § 215.34, F.S. - State funds; non -collectible items; procedure § 215.422, F.S. - Payments, warrants, and invoices; processing time limits; dispute resolution; agency or judicial branch compliance § 215.97, F.S. - Florida Single Audit Act § 215.971, F.S. - Agreements funded with federal or state assistance § 216.301, F.S. - Appropriations; undisbursed balances § 216.347, F.S. - Disbursement of grants and aids appropriations for lobbying prohibited § 216.3475, F.S. - Maximum rate of payment for services funded under General Appropriations Act or awarded on a noncompetitive basis § 216.181(16), F.S.- Approved budgets for operations and fixed capital outlay § 273.02, F.S. - Record and inventory of certain property § 287.133, F.S. - Public entity crime; denial or revocation of the right to transact business with public entities § 287.134, F.S. - Discrimination; denial or revocation of the right to transact business with public entities § 287.135, F.S. - Prohibition against contracting with scrutinized companies Chapter 443, F.S. - Reemployment Assistance § 501.171, F.S. - Security of confidential personal information Florida Administrative Code (F.A.C.) Rule Chapter 691-5 - State Financial Assistance Memoranda CFO Memorandum No. 02 (2012-13) - Contract and Grant Reviews and Related Payment Processing Requirements CFO Memorandum No. 20 (2019-20) - Compliance Requirements for Agreements State Emergency Communications Plan and Emergency Communications Statutes and Rules Florida Statutes Chapter 365, F.S. - Use of Telephones and Facsimile Machines Florida Administrative Code Rule Chapter 60FF-6 - State E911 Plan Rule Chapter 60FF1-5 - E911 Board DFS -A2 -CL Rev. 11/18 Rule 69I-5.006, F.A.C. Page -9- 235 Attachment 1 AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE The administration of resources awarded by the Department of Management Services (Department) to the recipient may be subject to audits and/or monitoring by the Department, as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department. In the event the Department determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Department staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through the Department by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). Part II: State Funded 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 691-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department by this DFS -A2 -CL Rev. 11/18 Rule 69I-5.006, F.A.C. Page -10- 236 agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than state entities). Part 111: Other Audit Requirements N/A Part IV: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR §200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the recipient directly to each of the following: The Department at each of the following addresses: Electronic copies (preferred): E911 BoardElectronicGrantReports@dms.fl.gov An Paper copies: The Department of Management Services E911 Board 4030 Esplanade Way Tallahassee FL, 32399 The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (hftps://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. DFS -A2 -CL Rev. 11/18 Rule 69I-5.006, F.A.C. Page -11- 237 3. Any reports, management letters, or other information required to be submitted to the Department pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part V: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department, or its designee, the CFO, or Auditor General access to such records upon request. The Grantee shall ensure that audit working papers are made available to the Department, or its designee, the CFO, or Auditor General upon request for a period of five (5) years from the date the audit report is issued, unless extended in writing by the Department. DFS -A2 -CL Rev. 11/18 Rule 69I-5.006, F.A.C. Page -12- 238 Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: N/A Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: N/A State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Matching Resources for Federal Programs: N/A Subject to Section 215.97, F.S.: 1. State Project: 911 STATE GRANT PROGRAM State Awarding Agency: State of Florida, Department of Management Services Catalog of State Financial Assistance Title: Wireless 911 Emergency Telephone System State County Grant Program Catalog of State Financial Assistance Number: 72.002 Amount: $207,742.16 Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement Are as Follows: The compliance requirements are as stated in Grant Agreement No. S24-23-08-03 between the Grantee and the Department, entered in State Fiscal Year 2023-2024. DFS -A2 -CL Rev. 11/18 Rule 69I-5.006, F.A.C. Page -13- 239 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: September 14, 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 Richard Meckes, Utilities Operations Manager Subject: Osprey Marsh 27th Avenue Canal Intake Station Pump Replacement Descriptions and Conditions: Indian River County Department of Utilities Services (IRCDUS) owns and operates the Oslo Water Treatment Plant (WTP), which has been providing potable water for the south county service area since 1981. The Oslo WTP utilizes a nanofiltration water treatment process to treat raw water withdrawn from Floridan aquifer production wells. The Oslo WTP produces a brine byproduct, or reject water, known as demineralization concentrate (DC). The DC is blended with canal water, which is then treated by a manmade nutrient removal system (Osprey Marsh) before the treated effluent is discharged to offsite surface water. Treatment of the DC is achieved in the following mechanisms: 1) aeration treatment of the DC at the Oslo WTP; 2) dilution of the DC by blending with canal water at the headworks on the Osprey Marsh site; 3) removal of nutrients and other pollutants in the blended inflow through an attached algae growth process; and, 4) subsequent polishing of the processed effluent through a series of engineered channels before final discharge. Analysis: The canal water used for dilution of the DC is supplied from an intake station located at the South Relief Canal on 27th Avenue. The intake station has duplex pumps, operated as one duty and one standby. One of the pumps (Pump #2) has failed, and the other pump (Pump #1) is operating in suboptimal condition. As such, there is no standby pump. Due to the importance of this intake station to the operation of Osprey Marsh and the treatment of the DC discharged from the Oslo WTP, the pump manufacturer, Xylem Water Solutions USA Inc. (Xylem), was issued an emergency purchase order to evaluate both pumps. Pump #2 was removed from service and sent to the Xylem facility for root -cause failure analysis, and an estimate for repair. Pump #1 was evaluated and returned to service although it was visibly in a condition of imminent failure but still operational. The Pump #1 was required to be returned to service to allow the continued operation of the Oslo WTP. 240 Consent Item The repair estimate of Pump #2 has been received and it is beyond economical repair. Considering that Pump #1 is in a condition of imminent failure, both pumps require replacement for continued reliable operation and permit compliance of the Oslo WTP and the Osprey Marsh site. Xylem provided a quotation for two (2) pumps at a cost of $245,676.60. Funding: On September 15, 2023, the County Administrator provided interim approval of the purchase, due to a long lead time for the pumps. Expenses, in the amount of $245,676.60, for this project will be recorded in the Utilities/WIP/27th Ave Canal Intake Pump Replacement account, number 471-169000-23554. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Description I Account Number Amount Utilities/WIP/27th Ave Canal Intake Pump Replacement471-169000-23554 $245,676.60 Recommendation: Staff recommends that the Board of County Commissioners (BCC) approve the unbudgeted capital purchase of $245,676.60, and ratify the County Administrators approval of the purchase of two (2) new pumps for the Osprey Marsh Canal Intake Station from the BCC -approved sole source vendor, Xylem Water Solutions USA Inc., in the said dollar amount. Attachments: IRC Pump Replacement Quote 241 To: Indian River County Utilities Subject: Replacement pump (3356/735-1421143) Xylem Water Solutions USA Inc. / Flygt Products 15132 Park of Commerce Blvd. Suite 102 Jupiter, Florida 33478 Phone: 561-848-1200 9 Fax: 561-848-1299 REMOVE: 2 EA NP 3356 with 735 drive unit 670 Impeller 460MM, 215HP 460V 3ph motor (Replacement for 3356/735-1421143) Price: $ 245,676.60 Date: August 22, 2023 Exclusions: WE DO NOT SUPPLY, PIPING, VALVES, GUIDE BARS, PRESSURE GAUGES, DISCONNECTS, JUNCTION BOXES, KELLUMS GRIPS, SURGE PROTECTION EQUIPMENT, SPARE PARTS, LABOR OR ANY OTHER ITEM NOT SPECIFICALLY LISTED ABOVE. PLEASE MAKE PURCHASE ORDERS OUT TO: XYLEM WATER SOLUTIONS USA, INC. Validity: THIS QUOTE IS VALID FOR THIRTY (30) DAYS UNLESS LONGER TIME AGREED TO IN WRITING. Taxes: State, local, and other applicable taxes are not included in this quotation. Freight Terms: DAP; Jobsite - Full Freight Allowed (per Incoterms 2010) Shortages: Xylem will not be responsible for apparent shipment shortages or damages incurred in shipment that are not reported within two weeks from delivery to jobsite. Damages should be noted on the receiving slip and the truck driver advised of the damages. Please contact our office as soon as possible to report damages or shortages so that replacement items can be shipped and the appropriate claims made. Payment Terms: 90% NET 60 DAYS AFTER SHIPMENT DATE, 10% NET 120 DAYS AFTER SHIPMENT DATE. (Note: Partial billing will be made on partial shipments) Xylem's payment shall not be dependent upon Purchaser being paid by any third party unless Owner denies payment due to reasons solely attributable to items related to the equipment being provided by FLYGT. Schedule: Please consult your local Flygt branch for submittals and fabrication lead-times. Back Charges: Buyer shall not make purchases nor shall Buyer incur any labor that would result in a back charge to Seller without prior written consent of an authorized employee of seller. Terms & Conditions: This order is subject to the Standard Terms and Conditions of Sale — Xylem Americas effective on the date the order is accepted which terms are available at http://www.xyleminc.com/en-us/Pages/terms-conditions-of-sa/e.apx and incorporated herein by reference and made part of the agreement between the parties. We thank you for your interest in our equipment and look forward to being of service to you in the near future. IN THE ABSENCE OF A FORMAL ISSUED PURCHASE ORDER, A SIGNED COPY OF THIS PROPOSAL IS ACCEPTABLE AS A BINDING CONTRACT. xylem Lets Solve Water 242 Xylem Water Solutions USA, Inc. Company Name: Address: Accepted By: Print Name: Date: xylem Lets Solve Water Xylem Water Solutions USA Inc. / Flygt Products 15132 Park of Commerce Blvd. Suite 102 Jupiter, Florida 33478 Phone: 561-848-1200. Fax: 561-848-1299 243 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney Oce of Consent 09/26/2023 11 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners THROUGH: Robin Miller, Housing Program Manager FROM: William K. DeBraal, Deputy County Attorney DATE: September 22, 2023 SUBJECT: Approval of Resolution Establishing Utility Rates for Housing Choice Voucher Program for Federal Fiscal Year 2024 Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, (HCV) formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution the utility rates on an annual basis. The Housing Choice Voucher Program is a federally funded program administered by the County's Housing and Rental Assistance Department (Rental Assistance). The HCV Program is designed to benefit all participants. Private providers that own multi or single-family homes apply to Rental Assistance for participation in the HCV program. The units are inspected and approved for the HCV Program. Upon approval, private owners qualify for tax incentives that make participation in the Program profitable. The County owns no HCV Program housing. The County benefits from the Voucher Program by receiving a $70.00 processing fee from the Department of Housing and Urban Development (HUD). The County's Comprehensive Plan objective of providing housing to low and very low income citizens is met by participating in the Voucher Program. Each year, the Board must approve the rates for water, sewer, gas, electric, and propane in our area. For this fiscal year, Rental Assistance retained The Nelrod Company to conduct a local rate study for these utilities. Staff reviewed and approved the Nelrod rate study report and has included the results on a spread sheet attached to the resolution. Those rates must be approved by the County as it is a participant in the HCV Program. The resolution approving annual utility rates for Fiscal Year 2024, effective October 1, 2023, is attached for the Board's consideration. 244 Approval of Resolution for Utility Rates for Housing Choice Voucher Program September 22, 2023 12 Funding: There is no funding associated with this resolution. Recommendation: Staff recommends the Board approve the utility rate resolution for Fiscal Year 2024 and authorize the Chairman to execute the resolution on behalf of the Board. Attachment: Resolution Setting the Utility Rates for Fiscal Year 2024 Copies to: Andrew Sobczak, Planning and Development Services Director Robin Miller, Housing Program Manager 245 RESOLUTION- 2023 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING REVISIONS TO THE HOUSING CHOICE VOUCHER PROGRAM UTILITY ALLOWANCE SCHEDULE FOR FISCAL YEAR 2024 WHEREAS, the United States Department of Housing and Urban Development (HUD) requires annual review of utility costs to ensure that utility allowances given to Housing Choice Voucher Program (formerly known as Section 8) participants are reasonable and within regulatory compliance; and WHEREAS, in order to assure fair utility allowances, the Indian River County Rental Assistance Program (IRC Rental Assistance) retained The Nelrod Company to survey and study rates for all types of utilities, electric, gas, water, sewer, propane, etc., using methodology analyzing consumption and utility rates by each housing type and by each bedroom size which resulted in a written report; and WHEREAS, the IRC Rental Assistance staff analyzed the written report and established its Utility Allowance Schedule with revisions effective October 1, 2023 and the schedule is in compliance with HUD regulations; and WHEREAS, changes in the Utility Allowance Schedule effective October 1, 2023 for fiscal year 2024 is attached to this Resolution as Exhibit A; and WHEREAS, the use of the Utility Allowance Schedule keeps Indian River County's Housing Choice Voucher Program compliant with HUD regulations and in line with current market conditions; and NOW, THEREFORE BE IT RESOLVED that the Indian River County Board of County Commissioners accept and approve the complete Utility Allowance Schedule attached hereto, effective October 1, 2023 and directs staff to determine individual utility rate allowances in accordance with the Housing Choice Voucher Program. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph H. 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 _day of 2023. 246 RESOLUTION- 2023 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Joseph H. Earman, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: William K. DeBraal County Attorney 247 Utility Allowance Schedule U.S. Department of Housing and Urban OMB Approval No. 2577-0169 See Public Reporting and Instructions on back. Development (exp. 04/30/2026) Office of Public and Indian Housing The following allowances are used to determine the total cost of tenant-furnised utilities and appliances. Locality/PHA Indian River County Board of Commissioners, FL Unit Type: Multi -Family (Apartment/Row House/Townhouse/Semi-Detached/Duplex) Date (mm/dd/yyyy) Utility of Service Fuel Type 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR Heating Natural Gas N/A N/A N/A N/A N/A N/A Bottle Gas $33.00 $37.00 $37.00 $41.00 $41.00 $41.00 Electric $6.00 $7.00 $8.00 $8.00 $9.00 $10.00 Electric Heat Pump $5.00 $6.00 $7.00 $8.00 $8.00 $9.00 Fuel Oil Cooking Natural Gas N/A N/A N/A N/A N/A N/A Bottle Gas $8.00 $12.00 $16.00 $21.00 $29.00 $37.00 Electric $5.00 $6.00 $8.00 $11.00 $13.00 $16.00 Other Electric $18.00 $21.00 $30.00 $38.00 $46.00 $55.00 Air Conditioning $15.00 $18.00 $25.00 $32.00 $39.00 $46.00 Water Heating Natural Gas N/A N/A N/A N/A N/A N/A Bottle Gas $21.00 $21.00 $37.00 $45.00 $58.00 $66.00 Electric $10.00 $12.00 $16.00 $19.00 $22.00 $26.00 Fuel Oil Water (avg) $18.00 $21.00 $27.00 $32.00 $39.00 $46.00 Sewer (avg) $32.00 $34.00 $39.00 $45.00 $50.00 $55.00 Trash Collection (avg) $13.00 $13.00 $13.00 $13.00 $13.00 $13.00 Other specify: Electric Charge $10.67 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 Range /Microwave $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 Refrigerator $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 Actuall Family Allowances -May be used by the family to compute allowance while searching for a unit. Utility/Service/Appliance Allowance Heating Head of Household Name Cooking Other Electric Air Conditioning Unit Address Water Heating Water Sewer Trash Collection Other Number of Bedrooms Range/Microwave frigerator FT0t I Seal of Certified Compliance A 2023 a /OlUfe UtiUc P\°r The Nelrod Company 5/2023 Update adapted from form HUD -52667 (04/2023) 248 Utility Allowance Schedule U.S. Department of Housing and Urban OMB Approval No. 2577-0169 See Public Reporting and Instructions on back. Development (exp. 04/30/2026) Office of Public and Indian Housing The following allowances are used to determine the total cost of tenant-furnised utilities and appliances. Locality/PHA Indian River County Board of Commissioners, FL Unit Type Single -Family (Detached House/Mobile Home) Date (mm/dd/yyyy) Utility of Service Fuel Type 0 BR 1 BR 2 BR 3 BR 4 BR 5 BR Heating Natural Gas N/A N/A N/A N/A N/A N/A Bottle Gas/Propane $45.00 $49.00 $54.00 $54.00 $58.00 $58.00 Electric $9.00 $11.00 $12.00 $13.00 $13.00 $14.00 Electric Heat Pump $7.00 $8.00 $10.00 $11.00 $12.00 $13.00 Fuel Oil Cooking Natural Gas N/A N/A N/A N/A N/A N/A Bottle Gas/Propane $8.00 $12.00 $16.00 $21.00 $29.00 $37.00 Electric $5.00 $6.00 $8.00 $11.00 $13.00 $16.00 Other Electric $27.00 $31.00 $44.00 $56.00 $68.00 $80.00 Air Conditioning $12.00 $14.00 $32.00 $49.00 $67.00 $84.00 Water Heating Natural Gas N/A N/A N/A N/A N/A N/A Bottle Gas/Propane $29.00 $33.00 $45.00 $58.00 $70.00 $87.00 Electric $13.00 $15.00 $19.00 $24.00 $28.00 $32.00 Fuel Oil Water (avg) $18.00 $21.00 $27.00 $32.00 $39.00 $46.00 Sewer (avg) $32.00 $34.00 $39.00 $45.00 $50.00 $55.00 Trash Collection (avg) $13.00 $13.00 $13.00 $13.00 $13.00 $13.00 Other specify: Electric Charge $10.67 $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 Range /Microwave $11.00 $11.00 $11.00 $11.00 $11.00 $11.00 Refrigerator $12.00 $12.00 $12.00 $12.00 $12.00 $12.00 Actual Family Allowances -May be used by the family to compute allowance while searching for a unit. Utility/Service/Appliance Allowance Heating Head of Household Name Cooking Other Electric Air Conditioning Unit Address Water Heating Water Sewer Trash Collection Other Number of Bedrooms Range / Microwave Refrigerator Total Seal of Certified Compliance - 2023 �~ NnrCi� ut'1" P\ The Nelrod Company 5/2023 Update adapted from form HUD -52667 (04/2023) 249 Oce of INDIAN Consent 09/26/2023 RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney TO: FROM: DATE: SUBJECT MEMORANDUM Board of County Commissioners William K. DeBraal, Deputy County Attorney September 22, 2023 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program Indian River County Code provides for the Deputy County Attorney to be the Fair Housing Coordinator for the County. Among the County's housing programs is the Housing Choice Voucher Program, formerly known as Section 8 Housing. Federal regulations require the Board to approve by resolution a report of Fair Market Rental Rates on an annual basis. The Housing Choice Voucher Program (HCV) is a federally funded program administered by the County's Rental Assistance Program. While federal regulations govern the program, local demographics can influence the program's administration. Indian River County's elderly/retiree population averages 41% compared with a nationwide average of 27% of a community's population. Because our County has a larger than average elderly, low income population, federal guidelines allow the Rental Assistance Program to cater to the community need of supplying housing assistance to low income elderly residents. It should be pointed out that the Voucher Program also assists veterans and other low income qualifiers. The Housing Choice Voucher Program is designed to benefit all participants. Private providers that own multi or single family homes apply to County Rental Assistance for participation. The units are inspected and approved for the Voucher program. Upon approval, private owners qualify for tax incentives that make participation in the program profitable. It should be pointed out that the County owns no Voucher program housing. The low income participant also benefits from the program by obtaining safe, clean housing at an affordable price in a dignified manner. Any interested low income, full time resident must apply to the County Rental Assistance Program. If the resident qualifies, they are given a list of available units to visit. The owners of the units have agreed to accept the Fair Market Rental rates as determined by United States Department of Housing and Urban Development (HUD) in exchange for the tax breaks and the payment of rents directly from the County. Upon selection of a unit, the qualified applicant meets again with Rental 250 Approval of Resolution Establishing Fair Market Rental Rates for Housing Choice Voucher Program September 22, 2023 12 Assistance staff in order to determine their portion of the rent that will be paid directly to the landlord and whether they qualify for financial assistance with utilities. After working out the financial details, the tenant signs a lease with the landlord, the County Rental Assistance processes the necessary paperwork with the state and federal agencies and the landlord receives a monthly rental check directly from the County with the remainder paid by the tenant. Tenants who qualify for the HCV program will pay up to 40% of the monthly Fair Market Rent amount. The 40% amount is referred to in the resolution as the Total Tenant Payment (TTP). The County benefits from the Voucher Program by having the County's Comprehensive Plan objective of providing housing to low and very low income citizens met by participating in the Voucher Program. Additionally, a processing fee is received from the Department of Housing and Urban Development. The annual rental rates for our area are 90% to 110% of the current Fair Market Rents that were approved by HUD. Those rates must be approved by the County as it is acting as a participant in the Voucher Program. The resolution approving annual rental rates for Fiscal Year 2024 is attached for the Board's consideration. Funding: There is no funding associated with this resolution. Recommendation: Staff recommends the Board approve the resolution setting the Fair Market Rental Rates for Fiscal Year 2024 and authorize the Chairman to execute the resolution on behalf of the Board. Attachment: Resolution Setting the Fair Market Rental Rates for Fiscal Year 2024 Copies to: Andrew Sobczak, Planning and Development Services Director Robin Miller, Rental Housing Program Manager 251 RESOLUTION 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING PAYMENT STANDARDS FOR BEGINNING FISCAL YEAR 2024 FOR THE HOUSING CHOICE VOUCHER PROGRAM. WHEREAS, Indian River County is considered a Program Housing Agency (PHA) by the United States Department of Housing and Urban Development (the Department) as the County administers the Housing Choice Vouchers (HCV) program County -wide for all residents (formerly known as Section 8 Housing); and WHEREAS, the Department annually publishes the Fair Market Rent (FMR) in the Federal Register to be used by Program Housing Agencies such as Indian River County; and WHEREAS, Department regulations mandate all Program Housing Agencies that administer Housing Choice Vouchers adopt these Payment Standards between ninety percent (90%) and one hundred ten percent (110%), one hundred and twenty percent (120%) for reasonable accommodation, of the Fair Market Rent established by the Department; and WHEREAS, the Indian River County Board of County Commissioners has adopted the Housing Choice Voucher Program current Payment Standards set between ninety percent (90%) and one hundred ten percent (110%), one hundred twenty percent (120%) for reasonable accommodation of the FMR; and WHEREAS, the Indian River County Board of County Commissioners requires an adjustment to adopt the Housing Choice Voucher Section 8 Program Payment Standards, effective October 1, 2023, and these standards are set between ninety percent (90%) and one hundred ten percent (110%), one hundred twenty percent (120%) for reasonable accommodation of FMR, and WHEREAS, HUD regulations require annual adoption and approval of Payment Standard Amounts: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby adopts and approves the adjustment of the Payment Standard amounts to be within ninety percent (90%) and one hundred ten percent (110%), one hundred twenty percent (120%) for reasonable accommodation, of Fair Market Rent for beginning Fiscal Year 2024 as set forth below: Efficiency One -Bedroom Two -Bedroom Three -Bedroom Four -Bedroom $1,090 $1,314 $1,462 $1,660 $2,233 252 RESOLUTION 2023 - The foregoing Resolution and seconded by Commissioner the vote was as follows: was offered by Commissioner , and, upon being put to a vote, Chairman Joseph H. 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 _ day of , 2023. Attest: Ryan L. Butler, Clerk of INDIAN RIVER COUNTY, FLORIDA Court and Comptroller BOARD OF COUNTY COMMISSIONERS By By Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: William K. DeBraal County Attorney Joseph H. Earman, Chairman 253 qA Sheriff Eric Flowers Indian River County Sheriff's Office September 20, 2023 The Honorable Joseph Earman, Chairman Indian River Board of County Commissioners 180127th Street Vero Beach, FL 32960-3388 Re: FY23 Offender Fees Dear Chairman Earman: In accordance with the County Ordinance 306.07, I respectfully request $22,800 from the Offender Fees Reserve account to purchase the following items: Criminal Investigations Duty/Tactical Gear Criminal Investigations Surveillance Equipment Criminal Investigations Office/Field Supplies $13,551 6,650 2,599 $22,800 Please place these items under Constitutional Officers for the September 26, 2023 board agenda for discussion. S." 254 I DAA INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Alicia Reyes, Staff Assistant IV Department of Emergency Services DATE: August 28, 2023 SUBJECT: Request from HCA Florida Lawnwood Hospital for a Class `B" Certificate of Public Convenience and Necessity to Provide BLS/ALS Non -Emergency Ambulance Inter -Facility Transport Originating within Indian River County It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners (the "Board") at the next scheduled meeting. Background: Chapter 304 of the Indian River County Code of Ordinance (the "Code") governs certificates of public convenience and necessity in Indian River County for various uses, including wheelchair vehicle services. Per section 304.07 of the Code, after an application has been received by Indian River County, the EMS director makes an investigation and a determination of the public need for the proposed service in the geographical area requested. As part of this investigation, the EMS director contacts the medical director, all other service providers in the county, and any municipality in which the applicant desires to provide service. The EMS director also is required to schedule a public hearing before the Board with notice to all other service providers in the requested service area, any municipality in the requested service area and to the general public by publication in the local newspaper with at least one week's notice. At the public hearing, the Board shall consider the EMS director's recommendation and any input from other service providers, municipalities, or interested groups or citizens and may grant or deny the requested certificate of public convenience and necessity. In making his recommendation, the EMS director shall consider the following factors: (a) The population density and composition of the likely areas within which the proposed ALS, BLS, or nonemergency medical transport service will operate. (b) The need of the people in the area for ALS, BLS, or non -emergency medical transport service. 255 (c) A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles satisfying requests. (d) Such other factors as may be considered important by the EMS director. Analysis: On February 2, 2023, HCA Florida Lawnwood Hospital submitted an application for Class `B" Certificate of Public Convenience and Necessity to provide BLS/ALS Non -Emergency Interfacility transports originating within Indian River County. Pursuant to the Code, staff initiated an investigation to be made regarding the application. There are six (6) other providers who hold a Class `B" certificate in the County as follows: RG Ambulance Services, Inc dba All County and American Ambulance Coastal Health Systems of Brevard Cleveland Clinic Advanced Medical Transport National Health Transport United Medical Transportation East Coast ambulance, LLC On August 17, 2023, all current providers, municipalities, and interested groups were informed via letter of the request from HCA Florida Lawnwood Hospital of their proposed services and advised to respond by August 23, 2023, with any feedback. We received feedback from one provider over the impacts generated by HCA Florida Lawnwood Hospital, but will discuss those at the Public Hearing should they choose to. Funding: Funding for the advertisement for the Public Hearing process is budgeted and available in the Emergency Services Department — Fire Rescue account number 11412022-034910, for a total of $ 117.99 which is funded from other professional services. Descri tion I Account Number Amount Emergency Services - Fire Rescue 11412022-034910 $117.99 Recommendation: Staff recommends that the Board approve and grant a Class `B" to HCA Florida Lawnwood Hospital for a period of two (2) years. Attachments: Application for Certificate of Public Convenience and Necessity for HCA Florida Lawnwood Hospital 256 *Due to the size of the entire application, it is available for review during regular business hours (8:30am to 5:OOpm, Monday through Friday) at the Offices of Emergency Services.* 257 APPLICANT NAME: HCA Florida Lawnwood Hospital DATE: 2W=- ' APPLICATION FEE: $900.00 APPLIES TO INITIAL APPLICA71ONS ONLY If payment applicable, make check payable to INDIAN RIVER COUNTY RESCUE 8 This is a new application; fee is attached. O This is a renewal of our presets CN. ❑ This is a renewal of our present COPCN with ownership or classification changes. I. CLASSIFICATION OF CERTIFICATE REQUESTED Please heck applicable boxes and options. Class A _BLS ALS Governmental entities that use advanced We support vehicles 0 4onduct a pre- hospital EMS ALS/BLS service. Class B • , � ,BLS %( ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C _BLS __ALS Agencies that provide non -emergency a ulance inter -facility medical trartspo t which require sped drill oapabilibes rind require a phystdIan's order. Class D ___BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to "of county transfers. WFIRE ADMIN ASSISTANTS13eth\Beth Casano,,,* OPCNtiRENEWAL PACKETSICOPCN Application doc ZrJ� II. COMPANY DETAILS 1. NAME OF AGENCY: HCA Florida Lawnwood Hospital MAILING ADDRESS: 1700 South 23rs Street CITY Fort Pierce COUNTY St. Lucie ZIP CODE: 34950 BUSINESS PHONE: 772-468-4500 2. TYPE OF OWNERSHIP (i.e. Private, Government, Volunteer, Partnership, etc.): Private 3. MANAGER'S NAME: Renee Cross ADDRESS. 1700 South 23rd Street; Ft. Pierce, Florida 34950 PHONE* 772-468-4500 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS Sam Hazen 1 Park Plaza, Nashville, TN 37203 President William B Rutherford 1 Park Plaza, Nashville, TN 37203 Vice President Jennifer Berres 1 Park Plaza, Nashville, TN 37203 Secretary 5. Zll PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES PHONE # Dr. Ian Boykin; 2000 Nebraska Ave, Ft. Pierce FL 34950; 772-465-4444 Dr. John T. Lanza; 1801 Hillmoor Drive, Ste B-105, Port St. Lucie, FL 34952; 772-398-9911 Dr. Prasad Chalasani; 1900 Nebraska Ave #9, Ft. Pierce, FL 34950 772-465-4499 WFIRE ADMIN ASSISTANTS1139thtBeth Casano EOCICOPCMRENEWAL PACKETSICOPCN AW icatron.doc 2 254 6. FUNDING SOURCE: Private 7. RATE SCHEDULE ATTACHED? YES ❑ NO ❑ N/A 8. LIST THE ADDRESS OF YOUR BASE AND ALL SUB -STATIONS: HCA Florida Vero Beach Emergency; 660 S U.S. 1; Vero Beach, FL 32962 HCA Florida Lawnwood Hospital; 1700 South 23rd Street; Ft. Pierce, Florida 34950 111. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) 463.01250 WQQG955 463.17500 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION WFIRE ADMIN ASSISTANTMeffl" Casano EOCICOPC"ENEWAL PACKETSICOPCN Applicallon.doc 2603 IV. ADDITIONAL INFORMATION REQUIRED Thi ESUBMITTED WITH THIS APPLICATION': RENEWAL APPLICANTS NEED ONLY #'s 4 - 9 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b 1. Mileage o. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and *(EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges WFIRE ADMIN ASSISTANMBethOeth Casano EOMOPCNIRENEWAL PACKETSICOPCN Application doe 261 V. NOTARIZED STATEMENTS I, _' '� Y1 -e. -e_ �' , the representative of Applicant Name do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Adtninistrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on -this application-.4 pplication are true and correct. APPLICANT SIGNATUIN WE Before me personally appeared the said !!.-- . sit Ila that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Swam a'lsubscribed in any ptence this` AL • . _ fly commission exp trr MVC 4 Janet Y. Murdidc 0brided Camm.6GG932063 Jan. 26, 2024 Tfru Aaron Noisy U:\EIRE ADMIN ASSISTANTS\Beth\Beth Casano EWCOPMRENEWAL PACKETS\COPCN Application.doc y 262 /OA:�_ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREARED BY: Andrew Sobczak; Interim Community Development Director DATE: September 14, 2023 SUBJECT: Consideration of Staff -Initiated Land Development Regulation (LDR) Amendments for Increased Size Allowances for Accessory Structures on Large Single -Family Parcels It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of September 26, 2023. BACKGROUND At its regular meeting of July 11, 2023, the Board of County Commissioners (BCC) directed staff to proceed with formal amendments to the County's land development regulations (LDRs) for increased size allowances for accessory structures on larger single-family parcels. The BCC shall now conduct a public hearing to consider the proposed LDR amendments and adopt, adopt with modifications, or deny the proposed LDR amendments. PLANNING AND ZONING COMMISSION (PZC) RECOMMENDATION: At its regular August 24, 2023 meeting, the PZC conducted a public hearing and considered the proposed LDR amendments. The PZC voted 7-0 to recommend that the BCC adopt the proposed LDR amendments. ANALYSIS Over the past several years, Planning Division staff has seen an increase in the number of inquiries and building permit submittals for larger accessory structures (e.g. detached garages, pre-engineered metal buildings, multiple large storage sheds, etc.) on single-family zoned parcels. In many cases, these accessory structures have to be reduced in size prior to approval to meet the defmition of an `accessory use' under the County's LDRs. As defined in the LDRs, an accessory use "is subordinate in purpose, area, and extent to the principal use served. " As such, staff's interpretation of this definition is that any single accessory structure (or the cumulative total of all accessory structures) on a single-family parcel must be at least one square foot smaller than the cumulative (enclosed) building area of the principal use/structure (i.e. the single-family home). C:\Granicus\Legistar5\L5\Temp\39e2c9cd-881b-4297-bf70-f1163b2ecc97.docx 2631 It is still staff's opinion that this interpretation should remain unchanged for single-family parcels that are under one-half acre in size. For parcels that are one-half acre in size or larger, it is staff's opinion that larger accessory structures can be appropriate if allowed in a proportionate ratio to the parcel's size. For parcels one-half acre or larger, staff developed the following ratios: 1. Parcels that are at least .5 acres, but less than 1 -acre in size —Cumulative total of accessory structures shall not exceed 1.5 times the cumulative area of the principal structure(s). 2. Parcels that are at least 1 -acre in size, but less than 4.59 acres (200,000 square feet) — Cumulative total of accessory structures shall not exceed 2 times the cumulative area of the principal structure(s). 3. Parcels that exceed 4.59 acres (200,000 square feet) - Cumulative total of accessory structures shall not exceed 3 times the cumulative area of the principal structure(s). RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the proposed accessory structures LDR amendments. ATTACHMENTS 1. Draft Ordinance C:\Granicus\Legistar5\L5\Temp\39e2c9cd-881b4297-bf70-fl 163b2ecc97.docx 2642 ORDINANCE 2023 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 901.03 (DEFINITIONS IN ALPHABETICAL ORDER) OF CHAPTER 901 (DEFINITIONS), AND SECTION 912.05(3) (ACCESSORY USES AND STRUCTURES) OF CHAPTER 912 (SINGLE- FAMILY DEVELOPMENT), OF THE CODE OF INDIAN RIVER COUNTY; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT THE INDIAN RIVER COUNTY LAND DEVELOPMENT REGULATIONS (LDRS) CHAPTER 901, DEFINITIONS, AND CHAPTER 912, SINGLE- FAMILY DEVELOPMENT BE AMENDED AS FOLLOWS: SECTION #1: Amend LDR Section 901.03, Definitions in alphabetical order; as follows: Accessory apartment a second dwelling unit, either in or added to an existing single-family detached dwelling, or in a separate accessory structure on the same lot as the main dwelling, for use as a complete, independent living facility with provision for cooking, eating, sanitation, and sleeping. Such a dwelling is an accessory use to the main dwelling. Accessor v structure a structure which is customarily associated with, subordinate in size and incidental in use to the principal structure and located on the same site. However, accessory structures may be larger in size than a single-family dwelling, subiect to the regulations of LDR Section 912.05(3). Examples are tool sheds and garages. Accessory use a use which: (a) Is clearly incidental to, customarily found in association with, and serves a principal use; (b) Is subordinate in purpose, area, and extent to the principal use served; and (c) Is located on the same lot as the principal use, or on an adjoining lot in the same ownership as that of the principal use and legally combined via a Unity of Title or equivalent legal instrument. Accessway a paved area intended to provide ingress and egress of vehicular traffic from a public or private right-of-way to an off-street parking area. SECTION #2: Amend LDR Section 912.05(3), Accessory uses and structures; as follows: (3) Accessory uses and structures. (A) Uses and structures accessory to a single-family dwelling may be allowed upon a property in Chapter- 901; these definitions as follows: Bold Underline: Additions to Ordinance StrikethFeugl} Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2023 Ordinances\2023-_Larger Accessory Structures.docx 265 ORDINANCE 2023- 1. For properties that are less than 0.5 acres in size, the cumulative floor area of all accessory structures shall be at least one (1) square foot less than the floor area of the principal single-family dwelling. 2. For properties that are at least 0.5 acres in size but less than 1.0 acres in size, the cumulative floor area of all accessory structures shall not exceed 1.5 times the area of the principal single-family dwelling. 3. For properties that are at least 1.0 acres in size but less than 4.59 acres (200,000 square feet) in size, the cumulative floor area of all accessory structures shall not exceed 2.0 times the area of the principal single-family dwelline. 4. For properties that exceed 4.59 acres (200,000 square feet) in size, the cumulative floor area of all accessory structures shall not exceed 3.0 times the area of the principal single-family dwelling. 5. For items 1-4 above, the floor area measurement for both the accessory structure(s) and the principal single-family dwelline shall be based on enclosed area (including enclosed garages), but not unenclosed areas such as open and screened porches, carports, terraces, and patios. (a) is Eleaarlyineidental t �, elft ,.:1„ , .,a �"�✓AEiiccxvrr`vrim3-iklid-seivcTu do with, (b) is „1,.„.7;n ,te : n.7 extent to the pFiaeipal . seFv0,7.and (e) isleeated 9Fthe Sai3 a let as the pFineipa4 use, 7. sii-cscs�viixiirscvrt 1 the in tnv rc size ,.,/ ineidentalin _use Examples are tee! sheds to the pfineipal and gafages. st..,,et„r-e and 1.. with, subordinate .,te.7 on the iff same site-. SECTION #3: SEVERABILITY If any clause, section or provision of this Ordinance shall be declared by a court of competent jurisdiction to be unconstitutional or invalid for any cause or reason, the same shall be eliminated from this Ordinance and the remaining portion of this Ordinance shall be in full force and effect and be as valid as if such invalid portion thereof had not been incorporated therein. SECTION #4: REPEAL OF CONFLICTING ORDINANCES The provisions of any other Indian River County ordinance that are inconsistent or in conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency or conflict. SECTION #5: INCLUSION IN THE CODE OF LAWS AND ORDINANCES Bold Underline: Additions to Ordinance 2 Shfke thfougl} Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2023 Ordinances\2023-_Larger Accessory Structures.docx 266 ORDINANCE 2023 - The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Indian River County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION #6: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the _ day of , 2023, for a public hearing to be held on the day of , 2023, for a public hearing to be held on the day of , 2023, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Joseph H. Earman Vice Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Deryl Loar Commissioner Laura Moss The Chairman there upon declared the ordinance duly passed and adopted this day of 52023. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Joseph H. Earman, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, County Attorney Bold Underline: Additions to Ordinance 3 Stere thfsugha Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2023 Ordinances\2023-_Larger Accessory Structures.docx 267 ORDINANCE 2023 - APPROVED AS TO PLANNING MATTERS Andrew Sobczak; Interim Community Development Director Bold Underline: Additions to Ordinance Deleted Text from Existing Ordinance F:\Community Development\CurDev\Ordinances\2023 Ordinances\2023-_Larger Accessory Structures.docx 268 10/13/2023 Xe 4v ;ts? 1 J4 �.., � � t � �k-� � :�'S��.,,,��X�t x i 2 . � s a �,� M x"5"6? r ; r � � � } ,+::, a. A, r e �t ON J�i 7 4 10/13/2023 10/13/2023 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: 116 Ocean Way ADDRESS: SUBJECT MATTER FOR DISCUSSION: Michael Finchman PHONE: 305-582-1376 Sector 7 Easement IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? F-1 YES E] NO WHAT RESOLUTION ARE YOU Vacating the easements since the Sector 7 project has been REQUESTING OF THE COMMISSION? abandoned. ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? El YES 1:1 NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered 9 Phone MEETING DATE: 269 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney lad[ Public Notice Item — September 26, 2023 Off ce of INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: September 19, 2023 SUBJECT: Public Notice of Public Hearing for October 17, 2023, to Consider an Ordinance Amending Code Section 102.04 - Order of Business Agenda for County Commission Meetings The Board of County Commissioners will hold a Public Hearing on Tuesday, October 17, 2023, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF INDIAN RIVER COUNTY, SECTION 102.04, ORDER OF BUSINESS AGENDA FOR COUNTY COMMISSION MEETINGS; AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. C: IG,= arlLeguWSlLflTe pU32a4ao-39e8-4043-809e-ml8f72913e6.doc 270 1Ig John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Administrator's Matters 9.26.2023 Office of the INDIAN RIVER COUNTY ADMINISTRATOR MEMORANDUM TO: Members of the Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Kathy Copeland, Legislative Affairs and Communications Manager DATE: Sept 19, 2023 SUBJECT: 2024 Legislative Priorities Background & Discussion The Florida Legislature's Legislative Regular 2024 Session begins on Tuesday, January 9, 2024. Thus, Legislative Committee weeks are already begun, and Members have already begun filing bills. The Florida Association of Counties (FAC) and the Small County Coalition discussed policy issues during the Innovation & Policy Conference. New and previous policy issues facing counties were reviewed and debated to narrow the slate of policies for a final consideration at the Legislative Conference scheduled for November 15-17'. These policies will serve as the overarching guiding principles for the 2024 Legislative Session statewide. On October 27th, the Four County Commission Meeting is scheduled where our Board and commissioners from Martin, St. Lucie and Okeechobee Counties will discuss issues of mutual interest. The issues that emerge from that meeting will come back to our Board for approval to be included in the Indian River County Legislative Priority Program for 2024. 271 Administrator's Matters 9.26.2023 The BOCC is being presented a list of proposed policy issues and requests for appropriations. These have been identified/proposed staff or through one-on-one conversations with the County Administrator. Because members of the Board are not permitted to discuss these issues with one another privately, it is important for a discussion to occur in this forum so staff can get a sense of the Board regarding priorities for this Session. A more detailed legislative program booklet with overarching guiding principles will come back to the Board for review and approval before the end of the year. Staff Recommendation Provide direction to staff regarding identified legislative issues and priorities. Attachment: Draft legislative issues and appropriations requests. 272 Draft Legislative Priorities 2024 For Board of County Commission Discussion Affordable Housing — SB 102: Affordable housing permitted by right in industrial zoning. Concerned with compatibility issues with potentially noxious industrial uses and in proximity of residential uses. Moreover, residential development permitted (allowed by right) abutting or in close proximity may affect the viability of industrial recruitment and attraction; thus, impeding Indian River County's ability to protect and expand its industrial base to diversify its local economy. Septic Tank Upgrades — HB 1379: Bill requires beginning on January 1, 2024, unless previously permitted, the installation of a new onsite sewage treatment and disposal system (OSTDS), where central sewer is not available, that is an enhanced nutrient -reducing OSTDS. By July 1, 2030, on residential lots must be replaced (less than an acre) must be replaced with an enhanced nutrient reducing OSTDS. Cost for conventional OSTDS - $6,000 - $7,000 Cost for nutrient -reducing OSTDS - $14,000 - $15,000 Sebastian (approximately 11,000 —12,000 OSTDS) — replacement cost —$190 million $150 annual operating permit $1,200 2 -year Maint. Agreement Concerned with timeframe to upgrade OSTDS for those that have installed a fully functioning conventional OSTDS in the past 5 to 10 years, and especially in the past 2-3 years. No prior warning prior to HB 1379 passing. A properly maintained OTSDS system can be functional for in excess of 20 years. Homeowners Insurance: Rising premium costs, carriers dropping or not renewing policies — increasing cost make homeownership unaffordable. Ability for a Commissioner to participate in the actions taken by the governing body if a physical quorum is present, and provided the Commissioner is on official business outside of the County. Several AGO's provide that a member of a public body must be present (in attendance) to participate in the official business of the governing body. See AGOs 1983-100, 2006-20, 2009- 56, 2020-03. 273 Each of the AGO's note until judicially or legislative determined (in the absence of a statue) a member must be present (physically in attendance) to participate and vote on a matter. However, AGO 2006-20 provides that if a physical quorum is present a member of a board or commission who is physically unable to attend, where a member is suffering a serious medical condition, they may participate in the official business of the governing body. Request the Legislature permit a member or board or commission be permitted to participate in the official business of the governing through interactive electronic media provided the member is out of the County on official County business and a quorum of the board members is physically present with a limit of how many instances a member may do so in a fiscal or calendar year. Appropriation Requests: Funding opportunities to expedite certain roadway projects. 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M ���I p f r' T(�� � r-F �(Q ,X1 � �t y �� �,y ae t � • i rta ocn �, -„ ` r—r O m (D • CQ rr cn O -• tD 40 .4.ri- Q ,—r 1 I 6 Administrator's Matters 9.26.2023 V , cOffice of the 1 TEW INDIAN RIVER COUNTY \ Jo � ADMINISTRATOR AzoRo John A.Titkanich,Jr.,County Administrator Michael C.Zito, Deputy County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., County Administrator DATE: Sept 19, 2023 SUBJECT: Proposed 2024 Meeting Dates for the Indian River County Board of County Commissioners Background & Discussion Please review the following list of dates proposed for the 2024 Board of County Commissioners meetings: January 9 January 23 February 6 February 20 March 5 March 19 April 9 April 23 May 7 May 21 June 4 June 18 July 2 August 20 September 10 September 24 October 8 October 22 November 5 November 19 December 3 December 17 Staff Recommendation Staff recommends approval of the proposed dates listed for the 2024 Board of County Commissioners meetings. Attachment: Calendar view of proposed 2024 meeting dates 275 M `o CO 0 N c M s N N co ONO]0 ® N El 44 Ln CI ON N W N Q` 1-1 CO M g © ° ® N O.. E00 Lo El N H co ,-I N N PI 1:1000fri ..I u 13.4124 M 2 N 0 � � � N M 1:19, , r" tea) iiR0 on 2. CO - a,A '4 M4 N N O; N A ®© � ® M . F- Ul N N M c d .-i M N 1111 M ®® N M N OT1-1 N M cI �D C N N On© CN li M . w NN m w N ©©0 II®U■ Z F *f 11111111111D1 I U r+ N N 7 co 2O N M F^i[�]I I:111/4° El N 1311 F I. v, 0 N H m a. N M O 131121113c4 II 00 N - N N z Ii•' a II ^� En M O 'It M � .- N N CIO MOM N714 ^O M N '� .moi N N al Ln N V` 1 44 N O‘ N c7.4 N. - N N 44 d' ;41 N E ti N N H ,q) CO N N W E-' M N M M - �W 11 N N j-iLn N CA N I-I FOiI N N M W E. I F....), . N F1m 74N U h ' IN 1,P, . N Q ��ii �1 Lo ti � N �i co 2 � N Fi t- � N N rn d' -I co N Ul N O. N M M VO N N aD Oa Mill v - co N N N OMBN .. W co 2 N M , W vC N I.,--, 01:1° MEI H N a\ V0 CO M • E N .- 412 MOSE C° L.4NN Wv � � N 4 13113%943 M . H ■ N • h co III Da Op `®0I qO N .r CA N M MEMOS T1 En to NON %csiD N N Departmental INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Interim Public Works Director Eric Charest, Natural Resources Manager FROM: Melissa Meisenburg, Lagoon Plan Environmental Specialist SUBJECT: Indian River County Lagoon Management Plan DATE: September 13, 2023 BACKGROUND On July 11, 2023, Coastal Division staff presented the Indian River County Draft Lagoon Management Plan (LMP) to the Board of County Commissioners (Board). The draft LMP and request to open the comment period was unanimously approved by the Board.Staff,along with the consultants Tetra Tech,worked closely to conduct the public and stakeholder meetings with the public comment period closing on August 31St. Consultants and staff have since been working to compile the comments for inclusion in the plan, complete the necessary edits and finalize the LMP for adoption. DESCRIPTIONS AND CONDITIONS The Indian River County Lagoon Management Plan addresses 17 key factors impacting the health of the Indian River Lagoon and the implementation of restoration projects to improve resiliency and condition of the Indian River lagoon and the Indian River County community. The LMP is an adaptive document which will be modified based on emerging factors, research and project completion. The plan is organized by the key factors affecting the IRL with goals, objectives and actions providing a framework for management and restoration strategies. FUNDING No additional funding is needed for the adoption of the County's LMP. RECOMMENDATION Staff recommends the Board adopt the September 2023 Indian River County Lagoon Management Plan. 277 Page 2 Indian River County Lagoon Management Plan September 26, 2023 BCC Meeting ATTACHMENTS 1. September 2023 Lagoon Management Plan This report isn't included in the printed agenda but can be viewed on line APPROVED AGENDA ITEM FOR SEPTEMBER 26, 2023 278 10/13/2023 • Indian River County"-. Lagoon Management Plat 1 Natural Resources Department tie. Coastal Engineering Division , _Le .. "� September 26, 2023 ts OR1D4` IIS • `r •Quarterly Board Updates . . •17 Key Factors • • A. •: Initial Draft Plan Completed • . :. Completed p •One on One Commissioner Meetings •Public Outreach and Comment Period • •Plan Revisions CNM .• *Plan Adoption • .. ., u-> •Implement Restoration and Management Strategies ll� .•. ••Initiate and Coordinate Projects Across Departments . •.. Plan •Continue to Collect Data and Monitor Progress . implementation •Periodic Plan Updates and Project Revisions ' • , tis 1 10/13/2023 1 Tetra Tech facilitated the meetings with Commissioners Nap- and ►and public outreach events to -411111,. +�► receive public comments on — ��``"' "`�- • the draft plan. ,..;., r • August 10th: North County Library ] 10 1 • August 17th: IG Center • 6 stakeholder groups Website Outreach • Comments received through the website public form ; • The public comment period closed on August 31st August 10th 3 ` 2 1 1 1 O 0 0 0 0 0 5 August 17th 2 2 0 0 ?IS " 2 10/13/2023 . F cc. R i �s a. k...,... «. ...rose ▪ 1,*WOO denamollolue"gm nvolor0.1c,.minor 11 ea PM ▪ It besderstel an 0811 Cabo • Comments were compiled for7.21121 0411.Vasna two... n"",�:m ; -�. � Da*me �,�y inclusion in the plan -� '"°"" u. "." ""� "�'"e""" " 7160.3 Conkirsavn2.05 Prawn sq. .1.412 • Modifications were made to ,n�, mewl prom Prtostkdarkelia•nos cope.donprack..... ' `:`•lbw ma• and �M .m.�wee,� me�IMa. address public comments °' a -�"•° '°"`" . ca ae° "' '°"' " where appropriate n .anal amend nave en. � ""'"`""'on'n""`r°.�"" ..hes..Ite.""" Arms eme cophi cod.mute bob:norm. Nana ad 1,2.60 UMW en...me. xne bnlarr Am.,.avow et upp.n The Can oh.Coicim MY.Mr.kr ler,nceonelcas 7,25.73 UN. Li▪a • • Additional tables and figures ` -- were added throughout the �z plan ..►r:j..�++.a • Goals, objectives and actions were created for each key ; 4442* . factor e9ig' 3 10/13/2023 �lr+lrs • Project prioritization framework y„ '°"" �. , and evaluation metrics were .wilkonpor to IP. lee* mee i...,,. created • Project list and actions were addressed .. .z.., — E -r rational Project ilasig&LOIN111111. ,Y,.J. .... ...„-. -f^^^^.!tom.. • Operational project sheets were included to highlight w completed projects Y ACRES ` WATER Pak a I 11i�1I 11t • Additional operational sheets ewe F. will be included in the0. `.: ` ” appendix as projects are completed Protecting the Ind+an Rrver Lagoon through Nutrient Removal s rwrenls su:t es orrogen a cr ea XOO,s are cieea m ceacx,.s,.- ,I,OMS waNn the:Haran Rrver L29OM Q4prev Arlesgoal es to,s0 rartnnrtts from the V0 0BIM IProte arrermg me LagOOn. roe/Acres is estim000 atad to remove a total of e,000 Has of Nitrogen and lbs of Phosphow5 annuaty j} '1$ 10/13/2023 S AN/.1 .'* Staff is recommending the Board adopt the September 2023 Lagoon Management Plan allowing the plan to move forward with the implementation phase. A • Implement Restoration and Management ',itlit Lagoon , Strategies • Initiate and Coordinate Projects Across Departments ` • Continue to Collect Data and Monitor ` Progress • Periodic Plan and Project Revisions Questions;? a > ,`+ 1, 0V El?co / (z a ti !_,14/::.12-.. 1111 5 10/13/2023 Thank you! Further questions or comments please send us an email at Coastal@indianriver.gov ftoR►UQ' 1 I delF, 6 INDIAN RIVER COUNTY,FLORIDA DISTRICT MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich,Jr., County Administrator David Johnson,Director of Emergency Services FROM: Alicia Reyes, Staff Assistant IV Department of Emergency Services DATE: September 22, 2023 SUBJECT: Approval of Public Medical Transportation Letter of Agreement between Indian River County Emergency Services District and the Agency for Health Care Administration(Year Four) It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. Description and Conditions: Staff seeks consideration of a Letter of Agreement with the Agency for Health Care Administration (AHCA) for the receipt of Public Emergency Medical Transportation-Managed Care Organizations (PEMT-MCO)payments to the County for this year. AHCA has significantly changed the process to receive the PEMT payments to providers over prior years.The new process requires an upfront payment from the County of$363,337.25 in order to receive the PEMT payment. This payment from the County to AHCA, as well as all of the statewide provider's payments,will be bundled as a funding mechanism to apply for federal grants. It is anticipated that the funds provided to AHCA($363,337.25)will be returned to the County,as well as the annual PEMT MCO funds estimated to be$500,928.34,with a total return to the County of$864,265.59. Funding: Funding for this agreement will be derived from Emergency Services District Reserve for Contingency,account number 11412022-099910 in the amount of$363,337.25. When payment is returned to the County,the funds will be deposited back into the District's reserve fund. Account Name Account Number Amount Emergency Services/Reserve for 11412022-099910 $363,337.25 Contingency Recommendation: Staff recommends the approval and execution of the Letter of Agreement between the Indian River County Emergency Services District and the Agency for Health Care Administration. Attachments: 1. Public Emergency Medical Transportation Letter of Agreement 2. FY 2023-2024 PEMT Allotments (Year 4) 279 Public Emergency Medical Transportation Letter of Agreement THIS LETTER OF AGREEMENT (LOA) is made and entered into in duplicate on the day of 2023, by and between Indian River County Emergency Services District on behalf of Indian River County ALS, 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. "Public Emergency Medical Transportation (PEMT)," pursuant to the General Appropriation Act, Laws of Florida 2023-156 is the program that provides supplemental payments for eligible Public Emergency Medical Transportation (PEMT)entities that meet specified requirements and provide emergency medical transportation services to Medicaid beneficiaries. A. GENERAL PROVISIONS 1. Per Senate Bill 2500, the General Appropriations Act of State Fiscal Year 2023-2024, passed by the 2023 Florida Legislature, the Indian River County Emergency Services District and the Agency agree that the Indian River County Emergency Services District will remit IGT funds to the Agency in an amount not to exceed the total of $363,337.25. The Indian River County Emergency Services District and the Agency have agreed that these IGT funds will only be used for the PEMT program. 2. The Indian River County Emergency Services District will return the signed LOA to the Agency. 3. The Indian River County Emergency Services District will pay IGT funds to the Agency in an amount not to exceed the total of$363,337.25. The Indian River County Emergency Services District 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 Emergency Services District when payment is due. 4. The Indian River County Emergency Services District and the Agency agree that the Agency will maintain necessary records and supporting documentation applicable to Indian River County Emergency Services District_ Indian River County ALS_PEMT LOA_SFY 2023-24 280 health services covered by this LOA in accordance with public records laws and established retention schedules. a. AUDITS AND RECORDS i. Indian River County Emergency Services District agrees to maintain books, records, and documents (including electronic storage media) pertinent to performance under this LOA in accordance with generally accepted accounting procedures and practices, which sufficiently and properly reflect all revenues and expenditures of funds provided. ii. Indian River County Emergency Services District 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 Emergency Services District agrees to comply with public record laws as outlined in section 119.0701, Florida Statutes. b. RETENTION OF RECORDS i. The Indian River County Emergency Services District 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 Emergency Services District agrees to permit persons duly authorized by the Agency to inspect any records, papers, and documents of the Indian River County Emergency Services District which are relevant to this LOA. d. ASSIGNMENT AND SUBCONTRACTS i. The Indian River County Emergency Services District 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. Indian River County Emergency Services District_ Indian River County ALS_PEMT LOA_SFY 2023-24 281 The Indian River County Emergency Services District 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 Emergency Services District 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. 7. Indian River County Emergency Services District agrees the following provision shall be included in any agreements between Indian River County Emergency Services District and local providers where IGT funding is provided pursuant to this LOA. Funding provided in this agreement shall be prioritized so that designated IGT fundingshall first be 9 9 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. PEMT Local Intergovernmental Transfers Program /Amount State Fiscal Year 2023-2024 Estimated IGTs $363,337.25 Total Funding Not to Exceed $363,337.25 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 Emergency Services STATE OF FLORIDA, AGENCY FOR District HEALTH CARE ADMINISTRATION SIGNED SIGNED BY: BY: NAME: John A. Titkanich NAME: Thomas Wallace TITLE: County Administrator TITLE: Deputy Secretary, Division of Medicaid DATE: DATE: Indian River County Emergency Services District_ Indian River County ALS_PEMT LOA_SFY 2023-24 282 .rri' OF FIO Intergovernmental Transfers Questionnaire IGT Provider Name: Indian River County Health Care Provider Name: IGT Amount: $363,337.25 State Fiscal Year Ending: 6/30/2024 1. What type of governmental entity is your organization considered?(county, city, hospital taxing district, or other) County If other, please explain The Emergency Services District is a Dependent Special District of Indian River County 2. Does your organization have a relationship with the provider for which you contribute IGTs as named in the preamble of the enclosed Letter of Agreement(LOA)? Yes If yes, please describe your relationship, including services provided to/by the provider to/by the organization and any other financial transactions between the provider and the organization. The District is both the provider of and the agency that will be making the required IGT. 3. Please describe the source of the IGT funding for your organization, including whether the source is from a tax, a provider donation, or other funds. Provide the amount of funding from each source. Source Amount Ad Valorem Tax Revenue FY 23/24 Budget $ 363,337 If other, please explain a. Verify whether the funds are public funds as defined by 42 CFR§433.51, and exclude any federal funds. Yes If no, please explain 4. Does your organization have taxing authority? Yes 283 5. If the source of IGT funding is from taxes, please answer the following questions: a. Is the tax a state, county, city, or hospital district tax? County If other, please explain b. What entities are taxed? Property c. What is the tax structure(i.e. property tax, percentage of revenue, assessment, etc.)? Property Tax d. What is the amount or percent of the tax? 2.3531 mills e. Does at least 85% of the burden of the tax revenue fall on health care providers as defined in 42 CFR§433.55? (Provide the total tax revenue and the health care provider tax burden) If so, please answer the following questions: Amount Total Tax Burden $ - Healthcare Provider Tax Burden $ - 0.00% i) Is the tax broad based?A broad based tax can be defined as a tax that is imposed on at least all health care items or services in the class or providers of such items or services furnished by all non-Federal, non-public providers in the State, and is imposed uniformly, pursuant to 42 CFR§433.68. If no, please explain 284 ii) Is the tax uniform across all entities being taxed? Based on 42 CFR§433.68, a health care- related tax will be considered to be imposed uniformly even if it excludes Medicaid or Medicare payments(in whole or in part), or both; or in the case of health care-related tax based on revenue or receipts with respect to a class of items or services, if it excludes either Medicaid or Medicare revenue with respect to a class of items or services, or both. The exclusion of Medicaid revenue must be applied uniformly to all providers being taxed. If no, please explain iii) Is the tax generally redistributive and a waiver of the broad-based or uniform tax requirement was granted in accordance with 42 CFR§433.68(e)? If no, please explain iv) Does the tax program comply with the hold harmless provisions included in 42 CFR§ 433.68(f)? If no, please explain v) Does every tax paying entity receive a supplemental payment equal to or exceeding its tax cost? If yes, please explain 6. Please answer the following regarding provider funds received from the healthcare entity and/or other health care entities. a. Are provider voluntary payments or in-kind services received by the organization as defined in 42 CFR§433.52? No b. How much of the organization's revenue is received from provider-related donations (Provide the total revenue and the provider-related donation amounts)? Amount Total Revenue $ - Provider Related Donations $ - c. Do individual provider donations exceed$5,000 per year or$50,000 per year for a health care organizational entity? No 285 If yes, please list the provider and payment amount. Provider Name Funding Source Amount $ - d. Does any portion of the provider donation constitute as a "bona fide donation" pursuant to 42 CFR §433.54?42 CFR§433.54 requires donations will not be returned to the individual provider,the provider class, or related entity under a hold harmless provision. e. Is there an agreement between the IGT provider and the health care entity? If so, please specify whether the agreement is written and provide the details. 7. Were funds utilized for the IGT specifically appropriated by the organization's board? If yes, provide the board minutes and date of the appropriation. I John A.Titkanich certify that the statements and information contained in this submittal are true, accurate, and complete. Signature of Officer or Administrator County Administrator Title Date 286