HomeMy WebLinkAbout2024-003A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023SG-09
Encumbrance#: GLO 1-1648
IRL COUNCIL SMALL GRANTS
PROGRAM AGREEMENT
THIS AGREEMENT ("Agreement") is entered into between the IRL COUNCIL ("the Council"),
whose address is1235 Main Street, Sebastian, Florida 32958, and INDIAN RIVER COUNTY ("Recipient"),
whose address is 5500 77TH Street Vero Beach, Florida 32967. All references to the parties hereto include the
parties, their officers, employees, agents, successors, and assigns.
The waters of the state of Florida are among its basic resources, and the Council has been authorized by the
United States Environmental Protection Agency to be the local sponsor for the Indian River Lagoon National
Estuary Program.
Pursuant to the IRL Council Interlocal Agreement, the Council is responsible for managing the Indian River
Lagoon National Estuary Program.
The Council has determined that providing small grant funding to Recipient will benefit the management of
the water resources of the Indian River Lagoon.
Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment
A.
TERM. The term of this Agreement is from the date upon which the last party has dated and
executed the same ("Effective Date") until June 1, 2024 ("Completion Date"). Recipient shall
begin the project within six (6) months after the Effective Date and shall complete performance
within one (1) year of the effective date or by the completion date, whichever is sooner.
2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of
Work, Attachment A. Acceptance of the final payment by Recipient shall constitute a release in
full of all claims against the Council arising from or by reason of this Agreement.
3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does
not assert an ownership interest in any of the deliverables under this Agreement.
4. AMOUNT OF FUNDING. The Council shall pay Recipient up to $4,923.00. The Council grant is
not subject to modification based upon price escalation during the term of this Agreement.
Recipient shall be responsible for payment of all costs necessary to ensure completion of the
Project.
5. PAYMENT OF INVOICES. Recipient shall submit one invoice upon successful completion of
the Project by one of the following two methods: (1) by mail to the IRL Council, 1235 Main Street,
Sebastian, Florida 32958, or (2) by e-mail to kolodnvCa,irlcouncil.org. The invoice shall be
submitted in detail sufficient for proper pre -audit and post -audit review.
6. INDEMNITY. The Recipient agrees to indemnify, defend and hold the Council, its officers,
employees, agents and representatives harmless from and against any and all liability on account of
any injuries, damages, omissions, commissions, actions, causes of action, claims, suits, judgments
and damages accruing, including court costs and attorney's fees at all levels of trial and appeal, as a
result of any negligence, recklessness, or other action or inaction on the part of the Recipient or any
officer, director, employee, agent, independent contractor, subcontractor or representative of the
Recipient which arises out of (directly or indirectly) or is related to the services provided under this
Agreement. Nothing contained in this provision or elsewhere in the Agreement shall be construed
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A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO1-1648
or interpreted as consent by the Council to be sued, nor as a waiver of sovereign immunity beyond
the waiver provided in Section 768.28, Florida Statutes. The Recipient shall further indemnify the
Council for all costs and penalties the Council incurs related to any failure to offer Patient
Protection and Affordable Care Act compliant health care coverage to Recipient -employees
performing under this Agreement.
7. INSURANCE. Recipient shall acquire and maintain all insurance required by Attachment B,
Insurance Requirements, and shall not commence Work until it has provided Certificates of
Insurance to the Council as per Attachment B. Receipt of Certificates of Insurance indicating less
coverage than required does not constitute a waiver of the Insurance Requirements. Recipient
waives its right of recovery against the Council to the extent permitted by its insurance policies.
Recipient's insurance shall be considered primary, and Council insurance shall be considered
excess, as may be applicable to Recipient's obligation to provide insurance.
8. FUNDING CONTINGENCY. This Agreement is contingent upon funding availability. Should
the Project not be funded, in whole or in part, the Council shall so notify Recipient and this
Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or
within such additional time as the Council may allow.
9. PROJECT MANAGEMENT. The Project Managers listed below shall be responsible for overall
coordination and management of the Project.
COUNCIL
Daniel Kolodny, Project Manager
IRL Council
1235 Main Street
Sebastian, Florida 32958
(772)216-7148
E-mail: kolodny�aJrlcouncil.org
RECIPIENT
Nickie Munroe
Indian River County Extension Environmental
Horticulture Program
1800 27' Street, Building B, 2"d Floor
Vero Beach, FL 32960
(256) 476-5458
E-mail: lnmunroeAufl.edu
10. PROGRESS REPORTS AND PERFORMANCE MONITORING
(a) Progress Reports. Recipient shall provide to the Council Project update/status reports
as provided in the Statement of Work.
(b) Performance Monitoring. The Council shall have the right to inspect the operation of
the Project during normal business hours upon reasonable prior notice. Recipient shall
make available to the Council any data that is requested pertaining to performance of the
Project.
11. TERMINATION. The IRL Council may terminate this Agreement without cause upon 10 days
written notice. In such event Recipient shall be compensated for all Work performed in
accordance with this Agreement to the effective date of termination. If Recipient materially fails
to fulfill its obligations under this Agreement, including any specific milestones established
herein, the Council shall provide Recipient written notice of the deficiency and this Agreement
shall be terminated upon receipt of said notice. In such event, Recipient shall refund to the
Council all funds provided to Recipient pursuant to this Agreement within thirty (30) days of
such termination.
12. ASSIGNMENT; SUCCESSORS. Recipient shall not assign this Agreement, or any monies due
hereunder, without the Council's prior written consent. No provision of this Agreement shall
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO1-1648
create a contractual relationship between the Council and any of Recipient's contractors or
subcontractors. The Council and the Recipient each binds itself and its partners, successors,
executors, administrators and assigns to the other party and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Agreement.
13. INDEPENDENT CONTRACTOR. No relationship of employer or employee is created by this
Agreement, it being understood that the Recipient will act hereunder as an independent
contractor and none of the Recipient's, officers, directors, employees, independent contractors,
representatives or agents performing services for Recipient pursuant to this Agreement shall have
any claim against the Council for compensation of any kind under this Agreement. The
relationship between the Council and the Recipient is that of independent contractors, and neither
shall be considered a joint venturer, partner, employee, agent, representative or other relationship
of the other for any purpose expressly or by implication.
14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS
(a) Maintenance of Records. Recipient shall maintain its books and records such that receipt
and expenditure of the grant funds are shown separately from other expenditures in a
format that can be easily reviewed. The Council shall have access to and the right to
examine any directly pertinent books and other records involving transactions related to
this Agreement. In the event of an audit, Recipient shall maintain all required records until
the audit is completed and all questions are resolved.
(b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this
Agreement if, upon audit examination, the Council finds any of the following: (1)
Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has
failed to perform a continuing obligation of this Agreement; (3) Recipient has received
duplicate funds from the Council for the same purpose; and/or (4) Recipient has received
more than one hundred percent (100%) contributions through cumulative public agency
cost -share funding.
15. CIVIL RIGHTS. Pursuant to Chapter 760, Fla. Stat., Recipient shall not discriminate against
any employee or applicant for employment because of race, color, religion, sex, or national
origin, age, handicap, or marital status.
16. COMMUNICATION AND ACKNOWLEDGEMENT OF FUNDING: As a granting agency,
the Council achieves its mission through partnerships with state agencies, local governments,
community organizations, and others. The Council requires Recipient to acknowledge the Council
when describing this project or program funded in whole or in part with Council funds in any of the
following products: (1) press releases, speaking engagements, and other public statements; (2)
publications and other documents; (3) websites; (4) visual presentations; (5) resource guides/toolkits;
(6) bid solicitations and/or; (7) social media.
17. DIVERSITY. The Council is committed to the opportunity for diversity in the performance of all
cost-sharing agreements, and encourages Recipient to make a good faith effort to ensure that
women and minority-owned business enterprises (W/MBE) are given the opportunity for
maximum participation as contractors.
18. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY
TRIAL; REMEDY. This Agreement shall be construed according to the laws of Florida and
shall not be construed more strictly against one party than against the other because it may have
been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of
any legal proceedings arising from or related to this Agreement: (1) the Parties agree to remain
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A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO1-1648
silent on venue for legal proceedings; (2) each party shall bear its own attorney's fees, including
appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and WAIVE
THE RIGHT TO JURY TRIAL; (4) no remedy herein conferred upon any party is intended to
be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall
be in addition to every other remedy given hereunder or now or hereafter existing at law or in
equity or by statute or otherwise. No single or partial exercise by any party of any right, power,
or remedy hereunder shall preclude any other or further exercise thereof.
19. INDEPENDENT ENTITIES. The parties to this Agreement, their employees and agents, are
independent entities and not employees or agents of each other. Recipient is not a contractor of
the Council. The Council is providing grant funding as a cooperating governmental entity to
assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing
the Project and directs the means and methods by which the Project is accomplished. Recipient
is solely responsible for compliance with all labor, health insurance, and tax laws pertaining to
Recipient, its officers, agents, and employees.
20. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the
Council has any material interest, as defined in Chapter 112, Fla. Stat., either directly or
indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have
any such interest at any time during the term of this Agreement.
21. NON -LOBBYING. Pursuant to Section 216.347, Fla. Stat., as amended, Recipient agrees that
funds received from the Council under this Agreement shall not be used for the purpose of
lobbying the Legislature or any other state agency.
22. PERMITS. Recipient shall comply with all applicable federal, state and local laws and
regulations in implementing the Project and shall include this requirement in all subcontracts
pertaining to the Project. Recipient shall obtain any and all governmental permits necessary
to implement the Project. Any activity not properly permitted prior to implementation or
completed without proper permits does not comply with this Agreement and shall not be
provided grant funding.
23. 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 contractor, supplier, subcontractor, or consultant under a
contract with any public entity; and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
($35,000) for a period of 36 months following the date of being placed on the convicted vendor
list.
24. PUBLIC RECORDS.
(a) Records of Recipient that are made or received in the course of performance of the
Project may be public records that are subject to the requirements of chapter 119, Fla.
Stat. If Recipient receives a public records request, Recipient shall promptly notify the
Council's Project Manager. Each party reserves the right to cancel this Agreement for
refusal by the other party to allow public access to all documents, papers, letters, or
other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as
amended.
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO1-1648
(b) IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENT'S DUTY
TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT,
CONTACT THE COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT
(772) 216-7148, KOLODNY6URLCOUNCIL.ORG, 1235 MAIN STREET,
SEBASTIAN, FLORIDA 32958.
(c) Recipient shall keep and maintain public records required by the Council to perform the
Project.
(d) Upon request from the Council's custodian of public records, Recipient shall provide the
Council 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, Fla.
Stat. or as otherwise provided by law.
(e) Recipient shall 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 Council.
(f) Upon completion of the contract, Recipient may transfer, at no cost, to the Council all public
records in possession of the Recipient or keep and maintain public records required by the
Council to perform the service. If the Recipient transfers all public records to the Council upon
completion of the contract, the Recipient shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Recipient
keeps and maintains public records upon completion of the contract, the Recipient shall meet
all applicable requirements for retaining public records. All records stored electronically must be
provided to the Council, upon request from the Council's custodian of public records, in a
format that is compatible with the information technology systems of the Council.
25. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its
information and belief, without independent investigation, infringe on any patent rights. Recipient
shall pay all royalties and patent and license fees necessary for performance of the Project.
26. E -VERIFY. Pursuant to Section 448.095(5), Florida Statutes, the Recipient shall:
(a) Register with and use the E -Verify system to verify the work authorization status of all new
employees and require all subcontractors (providing services or receiving funding under this
Agreement) to register with and use the E -Verify system to verify the work authorization status
of all the subcontractors' new employees;
(b) Secure an affidavit from all subcontractors (providing services or receiving funding under this
Agreement) stating that the subcontractor does not employ, contract with, or subcontract with
an unauthorized alien;
(c) Maintain copies of all subcontractor affidavits for the duration of this Agreement;
(d) Comply fully, and ensure all of its subcontractors comply fully, with Section 448.095, Florida
Statutes;
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO 1-1648
(e) Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens;
employment prohibited) shall be grounds for termination of this Agreement; and
(f) Be aware that if the Council terminates this Agreement under Section 448.095(5)(c), Florida
Statutes, the Recipient may not be awarded a public contract for at least 1 year after the date
on which the Agreement is terminated and will be liable for any additional costs incurred by
the Recipient as a result of the termination of the Agreement.
27. SEVERABILITY; SURVIVABILITY; WAIVER
(a) If any term or provision of the Agreement, or the application thereof to any person or
circumstances shall, to any extent, be held invalid or unenforceable, to remainder of the
Agreement, or the application of such terms 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 the Agreement shall be deemed valid and enforceable to the
extent permitted by law.
(b) Any provision of the Agreement which is of a continuing nature or imposes an obligation
which extends beyond the term of the Agreement shall survive its expiration or earlier
termination.
(c) Failure of either party to enforce or exercise any right(s) under this Agreement shall not be
deemed a waiver of either party's right to enforce or exercise said right(s) at any time
thereafter.
28. ENTIRETY OF CONTRACTUAL AGREEMENT; AMENDMENT. The Council and the
Recipient agree that this Agreement (including all exhibits, attachments, etc.) sets forth the
entire contract between the parties, and that there are no promises or understandings other than
those stated in these documents. All exhibits and attachments identified in this Agreement are
hereby incorporated herein by reference and made a part hereof. None of the provisions, terms
and conditions contained in this Agreement may be added to, modified or otherwise altered,
except by written instrument executed by the parties hereto.
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO1-1648
IN WITNESS WHEREOF, the Parties have executed on the day and year written below. This
Agreement may be executed in separate counterparts, which shall not affect its validity.
IRL COUNCIL
0
Duane E. De Freese, Ph.D., Executive Director
Date:
APPROVED AS TO FORM
Glen J. Torcivia, IRL Council General Counsel
ATTACHMENTS
Attachment A — Statement of Work
Attachment B — Insurance Requirements
Attachment C — Council Supplemental Instruction Form
Page 7
••.-��Y COAtM�s"•.
INDIAN RIVER COUNTY �ovov�. Sion"
By:
Joseph H. Earman Chairma'9y'
Printed name and title •••�''FR�puriTv•��� +
Date: January 18, 2024 •-
Attest:
Typed Name and Title
APPROVED AS TO FORM
AND E L SUFFIC Y
BY
WILLIAM ADERAAL
COUNTY ATTORNEY
Attest: Ryan L. Butler, Clerk of
Circuit Court and Comptroller
By:- alu11-�- uty Clerk
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GL01-1648
ATTACHMENT A - STATEMENT OF WORK
I. NAME OF PROJECT:
GYAC Garden Florida -Friendly Landscaping Demonstration
II. INTRODUCTIONBACKGROUND:
The Gifford Youth Achievement Center has a property lease that includes a small garden carved out
of the Victor Hart Sr. Park. The administrators requested programming support from the University
of Florida Extension in Indian River County. Master Gardeners have managed the park and youth
programming for over 15 years in this location. Since 2016, the goals of the Environmental
Horticulture Agent for this location have been modified to include community gardening and other
outreach activities.
When the garden was renovated in 2021, it was expanded by 1,100 square feet to include a 6 -foot
radius around the fence line. This additional space was allocated for Florida -Friendly Landscaping
demonstration and community gardening plots. Small 4 x 4 raised beds will divide the 72 square
foot beds displaying Florida -Friendly plant combinations. The decision was also made to reduce
planting space inside the circle to include a seating area for outdoor classes. This was carved out
between the storage shed and the pergola. These two structures will also serve as anchors for
detachable shade covers.
III. VALUE PROPOSITION:
This project will contribute towards restoring or improving the IRL by demonstrating Florida -
Friendly Landscaping plant selection and management options. UFIFAS will use a combination of
Florida native plants mixed with low -maintenance non-invasives to create beautiful groupings that
home gardeners can imagine in their own spaces. Nine themed mini gardens will be planted to
display commonly used and underutilized plants in the Florida landscape. They will emphasize the
beauty of Florida natives that are easily obtained and managed. This will be a great opportunity to
provide gorgeous examples of Florida -Friendly Landscaping in a conspicuous location with
significant foot and vehicular traffic.
Home gardeners can learn more about plant selection, water management, pest control, and
providing for wildlife. The gardens can be a tool utilized as part of formal trainings as well as
instructor -free learning experiences through instructive signage. Appropriate signage can provide
information on cost, plant identification, and plant management. These demonstrations will show
home gardeners how to sustainably add beauty to their landscapes.
Currently, UFIFAS teach in places where examples of Florida -Friendly Landscaping management
are not readily available for participants to access in a meaningful way. Completing the seating area
will provide a more formal learning space within the demonstration garden. Once finished, UFIFAS
will schedule an entire series of Florida -Friendly Landscaping classes. The seating area will help
make the educational efforts more accessible to people in this underserved area.
IV. LOCATION OF PROJECT:
Gifford Youth Achievement Center Garden is located at 4875 43rd Ave, Vero Beach, FL 32967.
This project will be in an underserved portion of the county. This area is not only a food desert, but
also in need of affordable options for gardening access and landscape management information.
This project will help develop beds for community gardeners who will be required to attend 4
classes and donate 20 hours to the demonstration plots.
This garden is in an underrepresented area of the community. These demonstrations plots are part of
a park that is severely lacking in beauty. This garden is at the end of a walking path used by a
significant number of community members. It is also proximate to stationary exercise equipment
and courts. Current gardening efforts are a spark of what could really be done with the space. This
project will completely transform the space and give the park a beauty mark of great proportions.
It is expect engagement from within the community will increase when UFIFAS make their
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO1-1648
educational offerings more proximate. Many of the plant combinations are set up to be affordable
and very low maintenance giving people in the community accessible options for their own
landscapes. There is also have a potting shed and UFIFAS is developing a nursery space to
propagate plants for this project, giveaways, and other projects.
Classes, photographs, and other programming efforts through this garden will elevate the visibility
of the space outside the community. UFIFAS hopes to use this project to garner more support for
thier programming with the youth and other local people who access their services.
V. SCOPE OF WORK (Outputs/Deliverables):
• Development of 12 small demonstration gardens — The 12 displays of Florida -Friendly plant
selection and care will have signage for a self -guided educational experience when a
volunteer is not in the garden to provide information.
• Development of 14 small, raised beds— The 14 beds will be offered under contract for
community gardening opportunities.
• Development of seating area — This sitting space will be used throughout the year to
facilitate educational programming to GYAC participants and others in the community.
VI. TASK IDENTIFICATION:
Recipient shall complete the following tasks:
• Task 1. Preparation of planting space. The planting space will be prepared for 12
demonstration gardens.
• Task 2. Installation and establishment of plants.
• Task 3. Renovation of sitting area.
• Task 4. Project Administration and Final Report. The recipient shall complete 100 percent
of the project and submit a project final report.
VII. DELIVERABLES AND TIME FRAMES:
Task 1. Deliverable: photos of prepared space.
Due date: April 30, 2024.
Task 2. Deliverable: photos of completed demonstration gardens.
Due date: May 31, 2024.
Task 3. Deliverable: before and after photos of sitting area.
Due date: May 31, 2024.
Task 4. Deliverable: Project Final Report.
Deliverable due in Council office by May 31, 2024.
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CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO 1-1648
VIII. BUDGET:
Task
Task Description IRLNEP
Cost Share
Cost Share
Line Item
Funding
Funding
Funding
Amount
Amount
Source
I
Preparation of $0
$1,700
Volunteer time at
Planting Space
$27.68/ hr for 36
hrs, soil donation
$700
2
Installation and $2,923
$5,730
Voluntier time at
Establishment of
$27.68/hr for 187.5
Plants
rs, gardening
supplies donation
$540
3
Renovation of $2,000
$1000
MGV Discount
seating area
4
Final Report $0
$0
Summary Cost $4,923
$8,430
Project total cost $13,353
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RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO1-1648
ITEM
IRLNEP
SHARE
MATCH
(Source)
TOTAL
Plant materials (see list below)
$2,723
Cost
$2,723
0 yards soil
$0
$700
$700
Seating area renovation
$2,000
$1,000
$3,000
Folders, notebooks,
publications
$0
$250
$250
Hats, gloves, reusable water
bottles
$200
$180
$380
Gatorade/water
$0
$100
$100
Volunteer hours for installation
$0
$2,000
$2,000
Volunteer hours for
establishment
$0
$4,200
$4,200
PTAL
$4,923
$8,430
$13,353
GYAC Garden Demonstration Plots Plant Themes and List
Theme
Plant
Quantity
Price
Cost
Soil
Cost
Red,
White,
Plumbago
3
8.00
24.00
2.2
yards
Firecracker
3
20.00
60.00
Pent-
white
18
2.00
36.00
Royal
Butterfl
Simpson
Stopper
3
30.00
90.00
2.2
yards
Porterweed
8
8.00
64.00
Gaillardia
12
7.00
84.00
Purpl
e
Muhly
ss
6
15.00
90.00
2.2
yards
Stoke's
Aster
12
8.00 1
96.00
Porterweed
6
8.00
48.00
Penta -
lavender
12
2.00
24.00
Royal
Butterfl
Simpson
Stopper
3
30.00 1
90.00
2.2
yards
Milkweed
18
7.00
156.00
126.00
Gaillardia
8
7.00
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RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO1-1648
A Walk in
the Clouds
Stoke's
4
8.00
32.00
2.2
yards
Aster
8
8.00
64.00
Birdbrains
Firebush
3
30.00
90.00
2.2
Fireworks
Croton
6
30.00
180.00
yards
Beautyberry
5
25.00
125.00
Wild coffee
8
15.00
120.00
Coreopsis
18
7.00
126.00
Baby
Zinnia
8
2.00
16.00
2.2
Showe
Plumbago
4
8.00
32.00
yards
Hawaiian Ti
12
7.00
84.00
Sunflower
12
25.00
300.00
Penta -
16
2.00
32.00
ink
12
2.00
24.00
Totals
Penta -
I$
2,723.00
19.80
$ 700.00
lavender
6 1
2.00 1
12.00
A Walk in
the Clouds
Plumbago
4
8.00
32.00
2.2
yards
Penta -
white
18
2.00
36.00
Agapanthus
8
20.00
160.00
Fireworks
Croton
6
30.00
180.00
2.2
yards
Firecracker
4
30.00
120.00
Red salvia
8
7.00
56.00
Marigold
16
2.00
1 32.00
Zinnia
8
2.00
16.00
Into the
Sun
Privet senna
4
35.00
140.00
2.2
yards
Rudbeckia
12
7.00
84.00
Sunflower
18
3.00
54.00
Marigold
16
2.00
32.00
Totals
I$
2,723.00
19.80
$ 700.00
Page 12
A TRUE COPY
CERTIFICATION ON LAST PAGE
RYAN L. BUTLER, CLERK
Contract#: 2023 SG -09
Encumbrance#: GLO1-1648
ATTACHMENT B - INSURANCE REQUIREMENTS
Contractor shall acquire and maintain until completion of the Work the insurance coverage listed below,
which shall be considered primary coverage, with any Council insurance considered excess
coverage. Contractor shall not commence the Work until it has provided Certificates of Insurance to
the Council documenting such coverage. The "IRL Council" shall be shown as an additional insured under
all policies to the extent of the Council's interests under this Agreement, except workers' compensation and
auto liability. The insurance certificate shall include an endorsement requiring ten (10) days prior written
notice to the Council before any change or cancellation is made effective. In addition, it shall have the
words "endeavor to" and "but failure to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents, or representatives" stricken from the cancellation clause in the Certificate of
Insurance. Any deductibles or self-insured retentions must be declared to and approved by the Council.
Contractor is responsible for any deductible or self-insured retention. Insurance is to be placed with insurers
having an A.M. Best rating of A-: V or greater. Council receipt of insurance certificates providing less than
the required coverage does not waive these insurance requirements.
(a) Workers' Compensation Insurance. Workers' compensation and employer's
liability coverage, including maritime workers compensation, if applicable, in not less than
the minimum limits required by Florida law. If an exemption from workers' compensation
is declared, an exemption letter issued by Florida Department of Financial Services,
Division of Workers' Compensation, shall be submitted to the Council.
(b) General Liability. Commercial General Liability Insurance on an "Occurrence Basis,"
with limits of liability not less than $300,000 per occurrence and/or aggregate combined
single limit, personal injury, bodily injury, and property damage. Coverage shall include:
(1) contractual liability, (2) products and completed operations, (3) independent
contractors, (4) broad form property damage, and (5) property damage resulting from
explosion, collapse or underground (x, c, u) exposures. Extensions shall be added or
exclusions deleted to provide the necessary coverage. "Claims made" coverage will be
accepted only after verification that "occurrence" coverage is not available.
(c) Automobile Liability. Minimum requirements of Florida law.
(d) Watercraft Liability if applicable. $100,000 for bodily injury and property damage.
Page 13
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF THE ORCIN0.L ON FILE IN THIS OFFICE
c� RYAN L. BU7W, CLERK
BY L]I n.c. Contract#:2023SG-09
DATE Encumbrance#: GLO1-1648
ATTACHMENT C -COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample)
COUNCIL SUPPLEMENTAL INSTRUCTIONS
DATE: [DATE]
TO: [NAME], Project Manager
FROM: [NAME], Project Manager
CONTRACT/PURCHASE ORDER NUMBER: [CONTRACT/PO NUMBER]
CONTRACT TITLE: [TITLE]
The Work shall be carried out in accordance with the following supplemental instruction issued in
accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to
proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor
changes to the work as consistent with the Contract Documents and return to the Council's Project Manager.
CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS:
2. DESCRIPTION OF WORK TO BE CHANGED:
3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS:
Contractor's approval: (choose one of the items below):
Approved:
Date:
(It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion
Date.)
Approved:
Date:
(Contractor agrees to implement the Supplemental Instructions as requested, but reserves the right to seek a
Change Order in accordance with the requirements of the Agreement.)
Approved:
[NAME], IRL Council Project Manager
cc: Contract file
Page 14
Date: