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HomeMy WebLinkAbout01/23/2024ER rp L� L0R1�i' BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 23, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS Susan Adams, District 1, Chairman John A. Titkanich, Jr., County Administrator Joseph Flescher, District 2, Vice Chairman William K DeBraal, County Attorney Joseph H. Earman, District 3 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 Chris Drinnon, Grace Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Recognizing African American Pioneer Ernie James Grier Attachments: Proclamation 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Proclamation Designating January 21-27, 2024 As Certified Registered Nurse Week Attachments: Proclamation January 23, 2024 Page 1 of 8 7.B. Notice of Proposed Parks, Recreation & Conservation Department Fee Schedule and Standard Operating Procedures Update Attachments: Staff Report Proposed Fees Attachment A BCC Info 8. CONSENT AGENDA 8.A. Checks and Electronic Payments December 8, 2023 to December 14, 2023 Attachments: Comptroller Division Staff Report 8.B. Checks and Electronic Payments December 15, 2023 to December 21, 2023 Attachments: Comptroller Division Staff Report 8.C. Checks and Electronic Payments December 22, 2023 to December 28, 2023 Attachments: Comptroller Division Staff Report 8.D. Checks and Electronic Payments December 29, 2023 to January 4, 2024 Attachments: Comptroller Division Staff Report 8.E. Checks and Electronic Payments January 5, 2024 to January 11, 2024 Attachments: Comptroller Division Staff Report 8.F. Internal Audit Division Annual Report Attachments: Comptroller Division Staff Report 8.G. Award of Bid 2024024 for Upper Floridian Aquifer South Well No. 1 Replacement Attachments: Staff Report Sample Agreement 8.H. Second Extension to Agreement for Custodial Services for County Administration Complex (Bid 2022022) Attachments: Staff Report Admin Complex Custodial Services Second Extension 8.I. Award of RFP 2024014 for Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits and Authorization to Negotiate Attachments: Staff Report 8.J. First Extension to Agreement for North County and West Wabasso Water and Sewer Customer Side Connections (RFP 2023007) Attachments: Staff Report First Extension 8.K. 2024/2025 Budget Workshop/Hearing Schedule Attachments: Staff Report January 23, 2024 Page 2 of 8 8.L. Award of RFP 2024025 for an Urban Service Boundary Study Attachments: Staff Report Agreement 8.M. Award of Bid 2024026 for Tracking Station Beach Park Dune Crossover Attachments: Staff Report Agreement 8.N. Award of RFP 2024021 for an Impact Fee Study Update (Non -Utility) Attachments: Staff Report Agreement 8.0. Designation of Excess Equipment as Surplus and Authorization for Disposal Attachments: Staff Report Excess List for 012324 8.P. Approval of Agreements for Software Purchase and Maintenance (agreements not attached due to confidentiality) Attachments: Staff Report 8.Q. Approval of Continuing Architectural Consulting Services Rates Attachments: Staff Report Combined rates - second agenda 8.R. Children's Services Advisory Committee's Annual Report, FY 2022-2023 Attachments: Staff Report CSAC Annual Report FY22-23 8.S. Updated Guidebook for The Children's Services Advisory Committee Attachments: Staff Report BCC Resolution 2024 Updated CSAC Guidebook CSAC Guidebook 8.T. Appointment of Chairman to Children's Services Advisory Committee Attachments: Staff Report 8.U. 2024-2027 Children's Services Advisory Committee's Needs Assessment Attachments: Staff Report January 23, 2024 Page 3 of 8 8.V. Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2024-2025 Attachments: Staff Report Grant Application Request For Proposal Grant Proposal Eval Rubric Grant Contract FY24 8.W. Amendment No. 1 - FDEP Grant Agreement No. 21IR1 (Vero Beach Restoration - Beach Management Sector 5) Attachments: Staff Report FDEP Grant Agreement 21 IR1 8.X. Amendment No. 4 - FDEP Grant Agreement No. 17IR2 (Wabasso (Indian River Sector 3) Beach Restoration) Attachments: Staff Report FDEP Grant Agreement 171R2 A4 8.Y. United Way Pickleball Tournament License Agreement Attachments: Staff Report United Way License Agreement draft United Way Exhibit A Exhibit B - UWIRC Fee Schedule 8.Z. Modification of Contract #H0259 between Indian River County and the Florida Division of Emergency Management Attachments: Staff Report Sub -Recipient Agreement 8.AA. State of Florida, Florida Fish and Wildlife Conservation Commission - FWC Agreement - Triple N Ranch and Indian River County Expansion Project Grant Agreement Attachments: Staff Report FWC Grant Agreement FWC Grant Form January 23, 2024 Page 4 of 8 8.AB. Consideration of Revised Indian River County Local Housing Assistance Plan for Fiscal Years 2024-2025, 2025-2026, and 2026-2027 Attachments: Staff Report SHIP Program Funds & Applicant Income Info LHAP with all exhibits Resolution Plan Certification 8.AC. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant Attachments: Staff Report Grant Agreement Budget Form Resolution &AD. Amendment No. 2 to the Agreement for Professional Services for Emergency Operations Center Expansion, RFQ No. 2022062 (IRC -2302) Attachments: Staff Report Amendment No. 2 8.AE. Change Order No. 1, 11th Drive & 37th Street Roadway and Intersection Improvements, IRC -2001 Attachments: Staff report Change Order No. 1 8.AF. Final Pay to Atlantic Roofing II of Vero Beach, Inc., for the Central Wastewater Treatment Facility Roof Replacement Project Attachments: Staff Report Pay App #9 - Atlantic Roofing 8.AG. Amendment No.I to Work Order No.8 to Bowman Consulting Group, LTD for Revisions to the Department of Utility Services Water, Wastewater & Reuse Utility Construction Standards Attachments: Staff Report Amendment No 1 Work Order No 8 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS January 23, 2024 Page 5 of 8 10.A.1. County Initiated Request to Amend the 5 -Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for the Period of FY 2023/24-2027/28 - [LEGISLATIVE] Attachments: Staff Report 10.A.2. Biosolids Moratorium Extension Ordinance - LEGISLATIVE Attachments: Staff Report Proposed Ordinance 10.A.3. Ordinance of Indian River County, Florida, Amending the Zoning Ordinance and the Accompanying Zoning Map for +2.0 Acres from RS -6, Single -Family Residential District to RMH-8, Residential Mobile Home District (RZON96050010-95727) [Quasi -Judicial] Attachments: Staff Report Existing Zoning Map Existing Future Land Use Map Rezoning Application Ordinance B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak by D. Gilliams re: Funding for Septic to Sewer Utilities at 490 US Hwy 1, Sebastian 32958 Attachments: Public Discussion Request D.Gilliams C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Joint Meeting - City of Fellsmere and Indian River County Attachments: Staff Report 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation H. Planning and Development Services January 23, 2024 Page 6 of 8 I. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 14.A.1. County Attorney Recruitment Process Attachments: Commissioner's Memo B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District 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.indianriver.gov 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. January 23, 2024 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. January 23, 2024 Page 8 of 8 P Proclamation RECOGNIZING AFRICAN AMERICAN PIONEER ERNIE JAMES GRIER -Whereas, Indian River County celebrates African American Pioneers who, through their service in the business, public, and elected arenas, have paved the way for this and future generations; and -Whereas, Ernie James Grier was born and raised in Indian River County; he moved to Gifford in 1958 and in 1969 he attended Vero Beach High School as it was desegregated for the first time; and -Whereas, Mr. Grier worked as an EMT for a volunteer ambulance helping the vulnerable and those in need before enlisting in the Army where he was promoted to 1 sl Lieutenant; and -Whereas, upon being honorably discharged, Mr. Grier joined the Press Journal where he worked as a cameraman, photographer, and pressman and was frequently the first on the scene in many of the county's major events and cases, he would later create the Indian River Times newspaper and Gifford Life magazine; and -Whereas, in 2021 Mr. Grier was instrumental in the fruition of the Gifford Water Tower which now stands as a symbol of the resiliency and pride Gifford residents exemplify. Now, wherefore, be it Proclaimedby the Board of County Commissioners of Indian River County, FCorida, we applaud Ernie James Grier and his outstanding contributions to the community. He has been paramount in preserving the culture, heritage and sense of place in Gifford while showing great passion for its great citizens. Adopted this 23rd day of January, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss 1 4' ProcCamatw'on DESIGNATING JANUARY 21-27,2024 AS CERTIFIED REGISTERED NURSE ANESTHETISTS WEEK -Whereas, Certified Registered Nurse Anesthetists (CRNAs) are advanced-practice registered nurses, providing anesthesia care to patients in the United States for more than 150 years; and -Whereas, CRNAs are qualified to make independent judgments regarding all aspects of anesthesia care based on their education, training and licensure; and -Whereas, CRNAs are the primary anesthesia providers in rural communities and continue to be the primary providers of anesthesia care to U.S. military personnel; and -Whereas, CRNAs practice in every setting in which anesthesia is delivered, from traditional hospital surgical suites and obstetrical delivery rooms to critical access hospitals; from ambulatory surgical centers to the offices of dentists, podiatrists, ophthalmologists, pain management specialists and more; and -Whereas, CRNAs are anesthesia experts, caring for patients safely and compassionately, delivering specialized, cost-effective care to all patients, from newborns to seniors; and Whereas, CRNAs' experience in critical care nursing in addition to anesthesia care, provides the training and education to address unique healthcare challenges of a variety of patients. X&w, 11herefore, be it Proclaimeddy the Boardof County Commissioners oflndian River County, Flori&4 we recognize the week of January 21-27, 2024 as National Certified Registered Nurse Anesthetists Week. Adopted this 231 day of January, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss N, r INFORMATIONAL BCC Meeting 1-23-24 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Date: January 11, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator From: Beth Powell, Parks, Recreation & Conservation Director Subject: Notice of Proposed Parks, Recreation & Conservation Department Fee Schedule and Standard Operating Procedures Update BACKGROUND: With the advent of the newly formed Parks, Recreation and Conservation Department, the time has come to formally adopt fees and standard operating procedures for all facilities and programs under one departmental umbrella. The only Divisions with Board approved fees within the last 7 years are the Shooting Range, which was recently brought before the Board in December 2023; Parks, which received Board approval in 2017; and the Donald MacDonald Campground and Indian River County Fairgrounds Campground, which were brought to the Board in 2018. The Intergenerational Center has not updated the fee schedule since its grand opening in 2016. The last update to the Aquatics programs and facility rentals was in 2002. Fees to utilize the Athletic Fields, participate in Recreation Programs, and Athletic Leagues have not come before the Board for an updated fee schedule in over 20 years. DESCRIPTION AND CONDITIONS: The intent of the fee schedule revision is to adopt updated fees paid by users and user groups to help offset increases in actual program expenses. The mission is to provide recreational and quality of life services at a cost affordable to residents and visitors to Indian River County. The proposed fee schedules will be posted on the County's webpage, at each facility, and in Parks, Recreation & Conservation offices allowing the public an opportunity to review prior to consideration by the Board on February 20, 2024, with implementation effective March 15, 2024. Accompanying standard operating procedures and policies will be presented to the Board for approval in order to provide structure and efficacy in the implementation of the fee schedule. The full listing of existing and proposed fees can be found in Exhibit A attached. RECOMMENDATION: There is no action required by the BCC at this time as this is being presented for informational purposes only in advance of formal adoption by the Board of County Commissioners. ATTACHMENTS: Proposed Parks, Recreation & Conservation Department Fee Schedule — drafted January 2024 APPROVED AGENDA ITEM FOR JANUARY 23, 202 3 Exhibit A - Draft Informational Only Date - January 11, 2024 Parks, Recreation & Conservation Department Proposed Fee Schedule Proposed Effective Date: March 15, 2024 (All Rates Listed Do Not Include Tax) Facility/Equipment Reservation and Service Fees Sales Tax shall be charged in addition to facility/equipment reservation and service fees where no exemption applies and the tax has been imposed by law. (The organization must provide a tax-exempt certificate from the Florida Department of Revenue, at time of payment to not be charged tax on these fees) Aquatics North County Aquatic Center Entrance Fees Current Proposed Under 3 Years Old Free Free Child Activity Pool Closed $3.00 No Change Child Activity Pool Open $3.00 $5.00 Senior $3.00 No Change Adult $5.00 $6.43 1 month pass $15.00 $17.50 3 month pass $30.00 $35.00 3 month additional (same household) $20.00 $25.00 Annual $120.00 $140.00 Annual additional $80.00 $100.00 Camp Deposit $25.00 No change Camp fees out of county $4.00 $4.50 Camp fees in county $3.00 $4.00 Mile Swim club $5.00 $10.00 Lock rental $1.87 No change Lost pass card replacement $1.87 No change Diapers $0.93 Cost Classes Swim Lessons Group (8) $40.00 $45.00 Swim Lessons semi private (4) $40.00 $45.00 Swim Lessons Private (4) $80.00 $85.00 Aquatics fitness class $4.00 $5.00 Aquatics fitness pass (8 classes) $28.00 $35.00 Aquatics fitness pass (10 classes) $36.00 $45.00 Jr Guard class $75.00 No change School swim class per student $5.00 No change Lifeguard class - approved employee hire Free No change Lifeguard class - no employee relationship $250.00 No change First Aid Certification $30.00 $35.00 CPR/AED Certification $30.00 $35.00 First Aid/CPR/AED Certification $45.00 $50.00 EMR Class $400.00 4 Exhibit A - Draft Informational Only Date - January 11, 2024 Aquatics North County Aquatic Center (cont.) Reservations Current Shaded Structure 1-5 for 3 hours $50.00 Party Reservation 2 Hours (20 person) $100.00 Party Reservation 4 Hours (20 person) Dive team Feamrr5 hF9 Dive team matal 6 10 hr" $175.00 $ i 2c nn V75.00 Dive team eatRl lamas Dive team fental 16 2$hf9 Dive team reservation per hour Swim Team fental shertup-te 1 14 as $ week $225.00 $275.00 New $50 nn Swim Team r-enW shei4 up te 15 28hFs a week $100.00 Swim Team r-effw Long up to 15 28 hFs a week $200.00 Swim team reservation Short $3 per hour per lane Swim team Reservation Long $6 per hour per lane Lane fees per hour $12.00 Diving well per hour $15.00 Facility reservation (after hours) For 2 hours after or before hours $500.00 Facility additional hour $250.00 Water Polo Water Polo Lane fee $12.00 Nets (per day) $25.00 Swim Meets $1.50 Facility reservation monthly teams per day $425.00 Facility reservation outside teams per day $850.00 Timing System (per day) Reservation teams $250.00 Timing System (per day) $500.00 Large Bleachers (per day) $200.00 Selling per vendor (per event) $25.00 Dive meets Facility reservation monthly teams per hour $15.00 Facility reservation outside teams per hour $20.00 Gifford Aquatic Center Entrance Fees Child / Senior $1.50 Adult Weekend $3.00 x'3.00 1 month pass $15.00 3 month pass $30.00 3 month additional $20.00 Annual $120.00 Proposed $75.00 $150.00 $200.00 Remove Remove Remove Remove $6.00 Remove Remove Remove Remove New $3.00 New $6.00 $13.50 $16.50 Removed - by facility license agreement only Removed - by facility license agreement only $15.00 $30.00 $850.00 $1,000.00 $300.00 $550.00 No change $30.00 $20.00 $25.00 $3.00 $4.00 Remove $17.50 $35.00 $25.00 $140.00 E Exhibit A - Draft Informational Only Date - January 11, 2024 Gifford Aquatic Center cont. (Entrance Fees cont.) Current Proposed Annual additional $80.00 $100.00 Camp Reservation Fee $25.00 No change Camp fees Out Of County Camps $3.00 $4.50 Camp fees In County Camps $2.00 $3.50 Camp Deposit $25.00 No change Mile Swim club $5.00 $10.00 Lost pass card replacement $1.87 No change Diapers $0.93 Cost Classes Fees Current Proposed Swim Lessons Group (8) $40.00 $45.00 Swim Lessons Semi Private (4) $40.00 $45.00 Swim Lessons Private (4) $80.00 $85.00 Stride -N -Splash $2.00 $4.00 Stride -N -Splash Punch Card (10 class) New $30.00 Jr Guard Class $75.00 No change Lifeguard class - approved employee hire Free No change Lifeguard class - no employee relationship $250.00 No change First Aid Certification $30.00 $35.00 CPR/AED Certification $30.00 $35.00 First Aid/CPR/AED Certification $45.00 $50.00 EMR Class $400.00 Babysitting Certification $45.00 No change School lessons pp/per class $4.00 No change Reservations Fees Party Room (Hourly) Includes up to 20 people $35.00 Large Shade Structure $20.00 Small Shade Structure $15.00 Entire Facility (closed to public)/hour $175.00 Swim Team reservation short up to 1-14 hrs/wk $50.00 Swim Team reservation short up to 15-28 hrs/wk $100.00 Swim team reservation Short - per hour/per lane New Lane fees per hour $12.00 Lane fees per hour $12.00 $45.00 $25.00 $20.00 Removed - by facility license agreement only Remove Remove $3.00 No change $13.50 6 Exhibit A - Draft Informational Only Date - January 11, 2024 Fairgrounds Open Space Current Proposed 0-5 Acres $150.00 $180.00 6-10 Acres $175.00 $200.00 11-40 Acres $525.00 $600.00 41+ Acres $775.00 $900.00 Facilities Fleetwood Expo Center $125.00 $150.00 Expo Open Air Pavilion $500.00 $550.00 Agricultural Pavilion $400.00 $450.00 Entertainment Bldg. $100.00 No Change Concession Bldg. $100.00 No Change Facility Exclusion Fee $250.00 No Change Alcohol Permit Fee $400.00 No Change Amenities Small Stage $50.00 $75.00 Tables $8.00 $10.00 Chairs $0.50 No Change Hoses/Sprinklers $20.00 No Change Light Carts $95.00 $125.00 Internet Access $100.00 No Change Tent 10x20 $200.00 No Change Stage Risers $20.00 $25.00 Small Bleachers (1st Day) $75.00 $90.00 Small Bleachers Addl. Days $25.00 No Change Large Bleachers (1st Day) $325.00 $400.00 Large Bleachers Addl. Days $100.00 No Change Large Stage (1st Day) $600.00 $700.00 Large Stage Addl. Days $200.00 No Change Fire Extinguisher $10.00 No Change Golf Carts $70.00 $100.00 Electric $75.00 $100.00 Marquee (1st Week) $100.00 No Change Marquee Addl. Weeks $50.00 $50.00 Marquee Per Day $20.00 $20.00 Camping Camping - Primitive $20.00 $25.00 Camping - Electric $30.00 $35.00 7 Exhibit A - Draft Informational Only Date - January 11, 2024 Intergenerational (iG) Recreation Center Open Gym Current Proposed Adult Pickleball - 3 hour session $2.79 $4.67 Adult Pickleball Discount Card - 11 visits $30.00 $27.90 Adult Pickleball Unlimited -1 month New $50.00 Adult Basketball - 3 hour session $2.79 $3.74 Adult Basketball Discount Card - 11 Visits New $27.90 Youth Open Gym $1.86 No Change Facilities RM 112 A Per hour $75.00 $85.00 RM 112 B Per hour $75.00 $85.00 Creston Media Wall Per Rental $150.00 No Change Gymnasium Per hour $125.00 $150.00 RM 131 A Per hour $55.00 $65.00 RM 131 B Per hour $55.00 $65.00 RM 131 C Per hour $55.00 $65.00 RM 135 Bamboo Room Per hour $55.00 $65.00 RM 110 (Prep Kitchen) Per hour $20.00 $25.00 RM 144(Ceneessiens JaFgeeVeat)PeF h0Uf RM 144 (Concessions) Per hour $125.00 Consolidated e $100.00 Veranda (based on availability) Per hour $100.00 No Change Courtyard Per hour Eee d Neat day $100.00 $500.0-0- No Change Remeve (Lafge }lam East Lawn Per day $500.00 No Change J. Wiggins Field $200.00 Per Day $25 Per Hour Amenities per event (equipment) Current Proposed Tables - per table $8.00 $9.00 Chairs - per chair $0.50 $0.75 Gym Flooring $300.00 $350.00 Volleyball Equipment New $25.00 Sm. Mobile Bleachers (1st day) $50.00 $60.00 Sm. Mobile Bleachers (Additional days) $25.00 $30.00 Projector $150.00 $175.00 Sound System, Mobile $100.00 $125.00 Serving Carts $20.00 $25.00 Stage Risers (4 Minimum) Per 4x4 Riser $20.00 $25.00 Gym Scoreboard New $25.00 Marquee (1 st week) $100.00 No Change Marquee (Additional Weeks) $50.00 No Change Marquee Per Day $20.00 No Change Lobby TVs (1st Week) $50.00 No Change Lobby TVs (Additional weeks) $25.00 No Change Lobby TVs Per Day $10.00 No Change Graphic Upload $25.00 No Change 8 Exhibit A — Draft Informational Only Date - January 11, 2024 Intergenerational (iG) Recreation Center (cont.) Alcohol Permit Fee Up to 200 Guests/Per Day Current Proposed $200.00 No Change Open Gym Over 201 Guests/Per- Day $400.00 Ref avTc Up to 1000 Guests S800.00 Regio Greater than 1000 Guests P,000.0-0 Refne Event Add Ons Gym RestFeems P00.00 Refaey_e West W4ag RestFeefas P00.00 leo East Wing Resifeems P00.00 n,_.. ove Set Up/Breakdown Set up / Breakdown Guests less than 75 $75.00 No Change Set up / Breakdown Guests less than 150 $100.00 No Change Set up / Break down Guests greater than 150 $200.00 No Change Garbage 15 ft Dumpster $157.34 No Change 10 ft Dumpster $120.00 No Change Delivery Charge $75.00 No Change Dumpster Disposal $50.00 No Change Staff Staff $25.00 No Change Staff (Holiday rate) $50.00 No Change Miscellaneous Facility Exclusion $250.00 No Change Last-minute Booking Fee $25.00 No Change 9 Exhibit A - Draft Informational Only Amenities Large Bleachers (1st day) Date - January 11, 2024 No Change Parks $100.00 Pavilions Current Proposed Small - Under 500 sq ft $25.00 $25.00 Medium - 501- 1,700 sq ft $65.00 $65.00 Large - 1701 - 3,000 sq ft $75.00 $75.00 Victor Hart Sr. Comm. Enh. Complex Pavilions No Charge No Change West Wabasso Park Pavilions No Charge No Change Amenities Large Bleachers (1st day) $175.00 No Change Large Bleachers (additional days) $100.00 No Change Stage 24' x 40' (1st day) $300.00 No Change Stage 24' x 40' (additional days) $150.00 No Change Donald MacDonald Campground Current Proposed Camping - Primitive $20.00 $25.00 Camping - Electric $30.00 $35.00 Ballfield Reservations Fran B Adams Ballfield (Hourly) $20.00 $25.00 Fran B Adams Ballfield (Daily) $150.00 $175.00 Kiwanis Hobart Park North Field (Hourly) $20.00 $25.00 Kiwanis Hobart Park North Field (Daily) $150.00 $175.00 Kiwanis Hobart Park South Field (Hourly) $20.00 $25.00 Kiwanis Hobart Park South Field (Daily) $150.00 $175.00 Dick Bird Park Ballfield (Hourly) $20.00 $25.00 Dick Bird Park Ballfield (Daily) $150.00 $175.00 Lights per hour $20.00 $25.00 Amenities Fencing - per field $100.00 No Change Field Prep - per field $50.00 No Change Portable Mounds - each $50.00 No Change Concessions (where/where available) $50.00 No Change Maintenance Worker Hourly Rate per hour $20.00 $25 Groundskeeper Hourly Rate New $35 Pickleball / Tennis Court Reservations Tennis / Pickleball Court (Hourly Day) New $20.00 Tennis / Pickleball Court (Hourly Night) New $25.00 Tennis / Pickleball Court (Daily, Incl. Lights) New $175.00 Basketball Court Reservations Basketball Court Reservation (Hourly Day) New $20.00 Basketball Court Reservation (Hourly Night) New $25.00 Basketball Court Reservation (Daily, Incl. Lights)New $175.00 10 Exhibit A — Draft Informational Only Date - January 11, 2024 Recreation Programming Program/League Current Proposed Adult Sports Adult Basketball $475.00 No Change Adult Softball $500.00 $550.00 Adult Kickball $500.00 No Change Adult Pickleball - per player $30.00 No Change Youth Sports Youth Basketball $45.00 $50.00 Youth Baseball $45.00 $60.00 Youth Flag Football $45.00 $50.00 Programs Classes / Camps / Tournaments 0-$150 0-$150 and Special Events — Approved by Director 11 Exhibit A — Draft Informational Only Date - January 11, 2024 SHOOTING RANGE (Approved by BOCC 12/12/23) Skeet/Trap — Per round $10.00 Sporting Clays/5 Stand — Per round $10.00 Shotgun Rental $15.00 Golf Cart Rental $25.00 Tournament/Event discount fee/Non-Profit $8.00/round 2000 Clay Targets 20% Discount Rifle/Pistol Range $15.00 Junior Rifle/Pistol $10.00 Archery Range $4.00 Archery Course $5.00 Junior Archery Range $2.50 Junior Archery Course $3.50 Airgun Range $4.00 Junior Airgun Range $2.50 .22 Rifle Rental $10.00 10 Visit Range Pass Rifle/Pistol $105.00 Facilities Classroom per hour $65.00 Action Field Per hour $65.00 Archery Field Per hour $50.00 Archery Course Per hour $50.00 Skeet/Trap Field, 5 Stand Field (1 -hour block) $10.00/hour Skeet/Trap Field, 5 Stand Field (4 -hour block) $25.00 Range Officer/hour $25.00 Field / Classroom - Set up / Breakdown Fee $50.00 12 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY OF FINANCE THRU: RYAN L. BUTLER, COMPTROLLER DATE: December 14, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 8, 2023 to December 14, 2023 100 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of December 8, 2023 to December 14, 2023. 13 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 444258 12/08/2023 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 444259 12/08/2023 P&AADMINISTRATIVE SERVICES INC 564.00 444260 12/14/2023 FLORIDA WATER & POLLUTION CONTROL 275.00 444261 12/14/2023 FLORIDA WATER & POLLUTION CONTROL 275.00 444262 12/14/2023 FLORIDA ATLANTIC UNIVERSITY 1,950.00 444263 12/14/2023 JASON JUDSON 300.00 444264 12/14/2023 RACE TO SAFETY TRAINING LLC 250.00 444265 12/14/2023 JAMES MANN 114.61 444266 12/14/2023 RAYMOND BAKER 80.00 444267 12/14/2023 ROBERT TOBAR 77.47 444268 12/14/2023 DEVIN CRUSE 300.00 444269 12/14/2023 BRADLEY ESKEW 300.00 444270 12/14/2023 TRAVIS STEPHENS 300.00 444271 12/14/2023 WILLIAM SHIELDS 300.00 444272 12/14/2023 JOSHUA BENDER 300.00 444273 12/14/2023 DYLLAN FEBRES-CORDERO 300.00 444274 12/14/2023 CARTER ASSOCIATES INC 950.00 444275 12/14/2023 INTERNATIONAL GOLF MAINTENANCE INC 990.00 444276 12/14/2023 MASTELLER & MOLER INC 1,528.00 444277 12/14/2023 KESSLER CONSULTING INC 15,820.00 444278 12/14/2023 ANFIELD CONSULTING GROUP INC 20,000.00 444279 12/14/2023 BOWMAN CONSULTING GROUP LTD 1,875.00 444280 12/14/2023 RYAN INCORPORATED SOUTHERN 819,999.53 444281 12/14/2023 J -MAC CLEANING SERVICES INC 5,591.66 444282 12/14/2023 CW ROBERTS CONTRACTING INC 234,426.87 444283 12/14/2023 LAWRENCE LEE CONSTRUCTION SERVICES INC 66,500.00 444284 12/14/2023 CLEAN SPACE INC 15,995.96 444285 12/14/2023 CENSTATE CONTRACTORS INC 102,533.93 444286 12/14/2023 ALLEN CONCRETE & MASONRY INC 926.44 444287 12/14/2023 ACP FACILITY SERVICES 11,736.91 444288 12/14/2023 OHLA USA INC 114,767.34 444289 12/14/2023 BULK EXPRESS TRANSPORT INC 22,670.81 444290 12/14/2023 BECKER & POLIAKOFF PA 2,500.00 444291 12/14/2023 UTIL REFUNDS 335.16 444292 12/14/2023 UTIL REFUNDS 6.58 444293 12/14/2023 UTIL REFUNDS 67.69 444294 12/14/2023 UTIL REFUNDS 13.04 444295 12/14/2023 UTIL REFUNDS 4.05 444296 12/14/2023 UTIL REFUNDS 14.21 444297 12/14/2023 UTIL REFUNDS 36.67 444298 12/14/2023 UTIL REFUNDS 119.20 444299 12/14/2023 UTIL REFUNDS 17.85 444300 12/14/2023 UTIL REFUNDS 72.24 444301 12/14/2023 UTIL REFUNDS 60.67 444302 12/14/2023 UTIL REFUNDS 54.18 444303 12/14/2023 UTIL REFUNDS 76.45 444304 12/14/2023 UTIL REFUNDS 33.78 444305 12/14/2023 UTIL REFUNDS 70.36 444306 12/14/2023 UTIL REFUNDS 40.94 444307 12/14/2023 UTIL REFUNDS 9.85 444308 12/14/2023 UTIL REFUNDS 65.68 444309 12/14/2023 UTIL REFUNDS 268.09 444310 12/14/2023 UTIL REFUNDS 99.27 444311 12/14/2023 UTIL REFUNDS 59.60 444312 12/14/2023 UTIL REFUNDS 37.00 444313 12/14/2023 UTIL REFUNDS 130.88 14 TRANS NBR DATE VENDOR AMOUNT 444314 12/14/2023 UTIL REFUNDS 16.40 444315 12/14/2023 UTIL REFUNDS 72.88 444316 12/14/2023 UTIL REFUNDS 81.16 444317 12/14/2023 UTIL REFUNDS 335.15 444318 12/14/2023 UTIL REFUNDS 15.47 444319 12/14/2023 UTIL REFUNDS 12.68 444320 12/14/2023 UTIL REFUNDS 30.84 444321 12/14/2023 UTIL REFUNDS 42.53 444322 12/14/2023 UTIL REFUNDS 21.57 444323 12/14/2023 UTIL REFUNDS 78.77 444324 12/14/2023 UTIL REFUNDS 40.40 444325 12/14/2023 UTIL REFUNDS 55.93 444326 12/14/2023 UTIL REFUNDS 30.53 444327 12/14/2023 UTIL REFUNDS 36.03 444328 12/14/2023 UTIL REFUNDS 47.24 444329 12/14/2023 UTIL REFUNDS 84.35 444330 12/14/2023 UTIL REFUNDS 10.58 444331 12/14/2023 UTIL REFUNDS 65.57 444332 12/14/2023 UTIL REFUNDS 54.12 444333 12/14/2023 UTIL REFUNDS 5.87 444334 12/14/2023 UTIL REFUNDS 64.47 444335 12/14/2023 UTIL REFUNDS 80.44 444336 12/14/2023 UTIL REFUNDS 63.47 444337 12/14/2023 UTIL REFUNDS 3.53 444338 12/14/2023 UTIL REFUNDS 24.98 444339 12/14/2023 UTIL REFUNDS 111.35 444340 12/14/2023 UTIL REFUNDS 17.84 444341 12/14/2023 UTIL REFUNDS 71.67 444342 12/14/2023 UTIL REFUNDS 19.16 444343 12/14/2023 UTIL REFUNDS 72.51 444344 12/14/2023 UTIL REFUNDS 67.16 444345 12/14/2023 UTIL REFUNDS 49.75 444346 12/14/2023 UTIL REFUNDS 128.31 444347 12/14/2023 UTIL REFUNDS 39.78 444348 12/14/2023 UTIL REFUNDS 69.30 444349 12/14/2023 UTIL REFUNDS 108.80 444350 12/14/2023 UTIL REFUNDS 63.93 444351 12/14/2023 UTIL REFUNDS 116.87 444352 12/14/2023 UTIL REFUNDS 58.94 444353 12/14/2023 UTIL REFUNDS 7.15 444354 12/14/2023 UTIL REFUNDS 25.07 444355 12/14/2023 UTIL REFUNDS 18.92 444356 12/14/2023 UTIL REFUNDS 49.90 444357 12/14/2023 UTIL REFUNDS 4.53 444358 12/14/2023 UTIL REFUNDS 7.29 444359 12/14/2023 UTIL REFUNDS 40.58 444360 12/14/2023 UTIL REFUNDS 79.22 444361 12/14/2023 UTIL REFUNDS 55.55 444362 12/14/2023 UTIL REFUNDS 69.00 444363 12/14/2023 UTIL REFUNDS 22.82 444364 12/14/2023 UTIL REFUNDS 33.64 444365 12/14/2023 UTIL REFUNDS 3.01 444366 12/14/2023 UTIL REFUNDS 67.87 444367 12/14/2023 UTIL REFUNDS 172.01 444368 12/14/2023 UTIL REFUNDS 28.71 444369 12/14/2023 UTIL REFUNDS 41.44 444370 12/14/2023 UTIL REFUNDS 44.90 444371 12/14/2023 UTIL REFUNDS 52.68 444372 12/14/2023 UTIL REFUNDS 134.35 15 TRANS NBR DATE VENDOR AMOUNT 444373 12/14/2023 UTIL REFUNDS 81.32 444374 12/14/2023 UTIL REFUNDS 54.51 444375 12/14/2023 UTIL REFUNDS 63.56 444376 12/14/2023 UTIL REFUNDS 46.45 444377 12/14/2023 UTIL REFUNDS 29.73 444378 12/14/2023 UTIL REFUNDS 51.75 444379 12/14/2023 UTIL REFUNDS 1.86 444380 12/14/2023 UTIL REFUNDS 36.02 444381 12/14/2023 UTIL REFUNDS 38.43 444382 12/14/2023 UTIL REFUNDS 130.27 444383 12/14/2023 UTIL REFUNDS 67.74 444384 12/14/2023 UTIL REFUNDS 65.77 444385 12/14/2023 UTIL REFUNDS 108.16 444386 12/14/2023 UTIL REFUNDS 34.65 444387 12/14/2023 UTIL REFUNDS 57.96 444388 12/14/2023 UTIL REFUNDS 4.05 444389 12/14/2023 UTIL REFUNDS 59.42 444390 12/14/2023 UTIL REFUNDS 51.53 444391 12/14/2023 UTIL REFUNDS 143.22 444392 12/14/2023 UTIL REFUNDS 40.32 444393 12/14/2023 UTIL REFUNDS 60.90 444394 12/14/2023 UTIL REFUNDS 60.17 444395 12/14/2023 UTIL REFUNDS 44.53 444396 12/14/2023 UTIL REFUNDS 44.47 444397 12/14/2023 UTIL REFUNDS 92.94 444398 12/14/2023 UTIL REFUNDS 44.99 444399 12/14/2023 UTIL REFUNDS 47.89 444400 12/14/2023 UTIL REFUNDS 31.08 444401 12/14/2023 UTIL REFUNDS 74.36 444402 12/14/2023 UTIL REFUNDS 5.49 444403 12/14/2023 UTIL REFUNDS 42.70 444404 12/14/2023 UTIL REFUNDS 13.56 444405 12/14/2023 UTIL REFUNDS 23.84 444406 12/14/2023 UTIL REFUNDS 47.19 444407 12/14/2023 UTIL REFUNDS 3.03 444408 12/14/2023 UTIL REFUNDS 39.95 444409 12/14/2023 UTIL REFUNDS 86.43 444410 12/14/2023 UTIL REFUNDS 49.65 444411 12/14/2023 UTIL REFUNDS 39.68 444412 12/14/2023 UTIL REFUNDS 38.83 444413 12/14/2023 UTIL REFUNDS 17.36 444414 12/14/2023 UTIL REFUNDS 27.20 444415 12/14/2023 UTIL REFUNDS 68.48 444416 12/14/2023 UTIL REFUNDS 15.64 444417 12/14/2023 UTIL REFUNDS 26.07 444418 12/14/2023 UTIL REFUNDS 177.36 444419 12/14/2023 UTIL REFUNDS 64.45 444420 12/14/2023 UTIL REFUNDS 34.85 444421 12/14/2023 UTIL REFUNDS 22.12 444422 12/14/2023 UTIL REFUNDS 10.84 444423 12/14/2023 UTIL REFUNDS 11.44 444424 12/14/2023 UTIL REFUNDS 66.14 444425 12/14/2023 UTIL REFUNDS 44.52 444426 12/14/2023 COMMUNICATIONS INTERNATIONAL 190.36 444427 12/14/2023 AT&T WIRELESS 861.19 444428 12/14/2023 AT&T WIRELESS 891.83 444429 12/14/2023 MEEKS PLUMBING INC 500.00 444430 12/14/2023 CLERK OF CIRCUIT COURT 438.66 444431 12/14/2023 AT&T CORP 865.19 16 TRANS NBR DATE VENDOR AMOUNT 444432 12/14/2023 FLORIDA POWER AND LIGHT 1,260.85 444433 12/14/2023 FLORIDA POWER AND LIGHT 8,913.31 444434 12/14/2023 STATE ATTORNEY 12,960.33 444435 12/14/2023 TREASURE COAST SPORTS COMMISSION INC 7,164.10 444436 12/14/2023 HUMANA MEDICAL PLAN INC 464.95 444437 12/14/2023 BLUE CROSS BLUE SHIELD 1,287.15 444438 12/14/2023 BLUE CROSS BLUE SHIELD 281.35 444439 12/14/2023 BANK OF NEW YORK 2,575.00 444440 12/14/2023 CELICO PARTNERSHIP 8,236.95 444441 12/14/2023 CARE NET PREGNANCY CENTERS OF IRC 204.36 444442 12/14/2023 NAPIER & ROLLIN PLLC 370.00 444443 12/14/2023 LESLIE N MUNROE 38.28 444444 12/14/2023 COASTAL CONSERVATION ASSOCIATION INC 150.00 444445 12/14/2023 ADVANCED ROOFING INC 37,233.00 444446 12/14/2023 CHANGE HEALTHCARE LLC 39,265.00 444447 12/14/2023 QUINTIN BERGMAN 716.54 444448 12/14/2023 SCHMIDT REAL ESTATE FLORIDA EAST COAST LLC 455.33 444449 12/14/2023 UP ON TOP VOLLEYBALL ACADEMY INC 266.25 444450 12/14/2023 FLORIDA COMMUNITY CARE 195.05 444451 12/14/2023 LATITUDE 88 INC 500.00 444452 12/14/2023 CAREPLUS HEALTH PLANS INC 1,328.34 444453 12/14/2023 SUPERIOR FENCE & RAIL OF THE TREASURE COAST 75.00 444454 12/14/2023 BLUETARP FINANCIAL INC 223.44 444455 12/14/2023 HARRISON YOUNGBLOOD 98.75 444456 12/14/2023 FOUNDATIONS WELLNESS CENTER LLC 1,250.00 444457 12/14/2023 BRYAN T DEARING JR 14,285.00 444458 12/14/2023 TRANSGATE RECOVERY SOLUTIONS LLC 70.00 444459 12/14/2023 SHERRY BELLINI 360.01 444460 12/14/2023 SPECIAL FORCES RESTORATION AND CONSTRUCTIOT 731.98 444461 12/14/2023 JODI QUILLET 353.70 444462 12/14/2023 MICHAEL SHANE REYNOLDS PA 250.00 444463 12/14/2023 MIKE LIBERATORE 140.00 444464 12/14/2023 PETER GALIETTE 150.00 444465 12/14/2023 ALS REFUNDS 397.60 444466 12/14/2023 ALS REFUNDS 117.42 444467 12/14/2023 ALS REFUNDS 75.55 444468 12/14/2023 ALS REFUNDS 240.00 444469 12/14/2023 ALS REFUNDS 292.00 444470 12/14/2023 ALS REFUNDS 25.00 444471 12/14/2023 ALS REFUNDS 106.45 444472 12/14/2023 ALS REFUNDS 61.50 444473 12/14/2023 ALS REFUNDS 104.18 444474 12/14/2023 ALS REFUNDS 475.59 444475 12/14/2023 ALS REFUNDS 108.01 444476 12/14/2023 ALS REFUNDS 53.52 444477 12/14/2023 ALS REFUNDS 114.63 444478 12/14/2023 ALS REFUNDS 75.00 444479 12/14/2023 ALS REFUNDS 91.05 444480 12/14/2023 ALS REFUNDS 108.36 444481 12/14/2023 ALS REFUNDS 340.00 444482 12/14/2023 ALS REFUNDS 108.01 444483 12/14/2023 UTIL REFUNDS 100.00 444484 12/14/2023 PORT CONSOLIDATED INC 1,506.64 444485 12/14/2023 STURGIS LUMBER & PLYWOOD CO 14.98 444486 12/14/2023 SUNCOAST WELDING SUPPLIES INC 216.98 444487 12/14/2023 COMMUNICATIONS INTERNATIONAL 361.02 444488 12/14/2023 SSES INC 3,115.75 444489 12/14/2023 VERO CHEMICAL DISTRIBUTORS INC 97.70 444490 12/14/2023 INDIAN RIVER BATTERY 653.95 17 TRANS NBR DATE VENDOR AMOUNT 444491 12/14/2023 GRAINGER 2,462.93 444492 12/14/2023 KELLY TRACTOR CO 6,065.58 444493 12/14/2023 SAFETY KLEEN SYSTEMS INC 418.11 444494 12/14/2023 WILD LAND ENTERPRISES INC 18.00 444495 12/14/2023 CLIFF BERRY INC 544.65 444496 12/14/2023 MARINE RESCUE PRODUCTS INC 559.00 444497 12/14/2023 MEEKS PLUMBING INC 3,058.00 444498 12/14/2023 BRISTER SIGNS INC 100.00 444499 12/14/2023 TIRESOLES OF BROWARD INC 7,124.09 444500 12/14/2023 PARAGON ELECTRIC OF VERO INC 150.00 444501 12/14/2023 AMERICAN WATER CHEMICALS INC 38,815.20 444502 12/14/2023 NEWMANS POWER SYSTEMS 1,610.28 444503 12/14/2023 DELL MARKETING LP 8,460.00 444504 12/14/2023 BARNEYS PUMP INC 27,650.00 444505 12/14/2023 MIDWEST TAPE LLC 7,046.83 444506 12/14/2023 NORTHERN SAFETY CO INC 24.88 444507 12/14/2023 FATHER & SONS CARPET LLC 9,806.13 444508 12/14/2023 ODYSSEY MANUFACTURING CO 28,712.20 444509 12/14/2023 HARRINGTON INDUSTRIAL PLASTICS LLC 1,281.27 444510 12/14/2023 BAKER DISTRIBUTING CO LLC 18.14 444511 12/14/2023 CENGAGE LEARNING INC 178.48 444512 12/14/2023 JIMMYS AIR & REFRIGERATION INC 1,445.00 444513 12/14/2023 GO COASTAL INC 412.30 444514 12/14/2023 SUNSHINE REHABILATION CENTER OF IRC INC 2,640.00 444515 12/14/2023 CLERK OF CIRCUIT COURT 379.50 444516 12/14/2023 CLERK OF CIRCUIT COURT 28.50 444517 12/14/2023 CITY OF VERO BEACH 1,305.91 444518 12/14/2023 INDIAN RIVER ALL FAB INC 1,805.00 444519 12/14/2023 HOME DEPOT USA INC 327.96 444520 12/14/2023 PUBLIX SUPERMARKETS 34.75 444521 12/14/2023 ROGER CLEVELAND GOLF INC 1,919.80 444522 12/14/2023 ACUSHNET COMPANY 693.78 444523 12/14/2023 WEST PUBLISHING CORPORATION 208.39 444524 12/14/2023 FEDERAL EXPRESS CORP 56.17 444525 12/14/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 367.58 444526 12/14/2023 CALLAWAY GOLF SALES COMPANY 2,359.31 444527 12/14/2023 FLORIDA POWER AND LIGHT 45,587.60 444528 12/14/2023 FLORIDA POWER AND LIGHT 2,046.10 444529 12/14/2023 TAYLOR MADE GOLF CO INC 906.15 444530 12/14/2023 CITY OF FELLSMERE 284.56 444531 12/14/2023 PEACE RIVER ELECTRIC COOP INC 223.57 444532 12/14/2023 JOHN BROWN & SONS INC 7,950.00 444533 12/14/2023 WESTSIDE REPROGRAPHICS OF VERO BEACH INC 80.50 444534 12/14/2023 CHILDRENS HOME SOCIETY OF FL 1,250.00 444535 12/14/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 385.00 444536 12/14/2023 BRIDGESTONE AMERICAS INC 1,968.83 444537 12/14/2023 MIDWEST MOTOR SUPPLY CO 355.44 444538 12/14/2023 RECHTIEN INTERNATIONAL TRUCKS 309.34 444539 12/14/2023 HULETT ENVIRONMENTAL SERVICES 160.00 444540 12/14/2023 CINTAS CORPORATION NO 2 151.49 444541 12/14/2023 BIG BROTHERS AND BIG SISTERS 1,250.00 444542 12/14/2023 BIG BROTHERS AND BIG SISTERS 7,232.81 444543 12/14/2023 BRIDGESTONE GOLF INC 3,092.04 444544 12/14/2023 SOUTHERN JANITOR SUPPLY INC 2,332.89 444545 12/14/2023 ORCHID ISLAND PROPERTY MGMT II INC 950.00 444546 12/14/2023 1ST FIRE & SECURITY INC 60.00 444547 12/14/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,304.84 444548 12/14/2023 SUNCOAST REALTY & RENTAL MGMT LLC 1,040.00 444549 12/14/2023 TOTAL TEMPERATURE INSTRUMENTATION INC 2,614.56 18 TRANS NBR DATE VENDOR AMOUNT 444550 12/14/2023 PETER J CASSARA 4,550.00 444551 12/14/2023 AFFORDABLE WATER & COFFEE SVC 30.00 444552 12/14/2023 STAT MEDICAL DISPOSAL INC 1,220.00 444553 12/14/2023 TAMPA BAY LIBRARY CONSORTIUM 1,465.68 444554 12/14/2023 CREATIVE POWER SOLUTIONS INC 2,000.00 444555 12/14/2023 FLORIDA COAST EQUIPMENT INC 2,884.70 444556 12/14/2023 OVERDRIVE INC 3,844.67 444557 12/14/2023 XYLEM WATER SOLUTION USA INC 1,050.00 444558 12/14/2023 ALAN JAY CHEVROLET CADILLAC 48,613.00 444559 12/14/2023 JOSHUA HARVEY GHIZ 485.00 444560 12/14/2023 CARDINAL HEALTH 110 INC 2,236.34 444561 12/14/2023 MUNICIPAL EMERGENCY SERVICES INC 4,037.49 444562 12/14/2023 BURNETT LIME CO INC 8,627.90 444563 12/14/2023 STS MAINTAIN SERVICES INC 18,214.43 444564 12/14/2023 WILKE INC 9,635.00 444565 12/14/2023 COBRA GOLF INCORPORATED 1,392.00 444566 12/14/2023 SYLVIA MILLER 1,377.00 444567 12/14/2023 HAWKINS INC 935.00 444568 12/14/2023 WILSON SPORTING GOODS CO 607.50 444569 12/14/2023 SOUTHEAST SERVICES OF THE 7,520.00 444570 12/14/2023 GOTTA GO GREEN ENTERPISES INC 535.04 444571 12/14/2023 BARSALOU VENTURES LLC 8,880.85 444572 12/14/2023 AWC INC 1,730.00 444573 12/14/2023 WURTH USA INC 250.73 444574 12/14/2023 AVMJ YORK LLC 275.00 444575 12/14/2023 ICON SUPPLY INC 1,999.82 444576 12/14/2023 CDW LLC 427.37 444577 12/14/2023 MATHESON TRI-GAS INC 9,923.65 444578 12/14/2023 COLE AUTO SUPPLY INC 404.51 444579 12/14/2023 BETH NOLAN 726.00 444580 12/14/2023 SUPERSAFE LIBRARY SECURITY INC 720.00 444581 12/14/2023 FLORIDA BULB & BALLAST INC 2,699.15 444582 12/14/2023 JOSEPH ELLIOTT USA LLC 1,145.89 444583 12/14/2023 CORE & MAIN LP 36,919.74 444584 12/14/2023 WARREN W CATERSON 275.00 444585 12/14/2023 WOERNER AGRIBUSINESS LLC 572.00 444586 12/14/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,760.00 444587 12/14/2023 REXEL USA INC 1,566.37 444588 12/14/2023 AMAZON CAPITAL SERVICES INC 3,917.01 444589 12/14/2023 TREASURE COAST PLUMBING LLC 188.25 444590 12/14/2023 FLW SOUTHEAST INC 3,716.35 444591 12/14/2023 PACE ANALYTICAL SERVICES LLC 453.60 444592 12/14/2023 JORDAN POWER EQUIPMENT CORP 424.93 444593 12/14/2023 LIBERTY TIRE RECYCLING LLC 1,933.60 444594 12/14/2023 MULLINAX FORD OF VERO BEACH 248.75 444595 12/14/2023 JUDITH A BURLEY 264.50 444596 12/14/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 156.89 444597 12/14/2023 STAPLES INC 166.09 444598 12/14/2023 LOWES COMPANIES INC 3,069.81 444599 12/14/2023 SMI TRADING LLC 29.02 444600 12/14/2023 TOTAL GOLF CART LLC 514.97 444601 12/14/2023 DEX IMAGING LLC 31.47 444602 12/14/2023 SPORTS ENGINE INC 148.00 444603 12/14/2023 SOUTH FLORIDA EMERGENCY VEHICLES LLC 1,463.67 444604 12/14/2023 J-MAC CLEANING SERVICES INC 433.33 444605 12/14/2023 LEISURE DESIGN SYSTEM INC 1,774.15 444606 12/14/2023 THOMAS FISH 900.00 444607 12/14/2023 HIREQUEST LLC 4,401.80 444608 12/14/2023 PETERBILT STORE SOUTH FLORIDA LLC 1,327.11 19 TRANS NBR DATE VENDOR AMOUNT 444609 12/14/2023 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 444610 12/14/2023 CER SIGNATURE CLEANING LLC 2,600.00 444611 12/14/2023 CLEAN SPACE INC 2,167.00 444612 12/14/2023 DOBBS EQUIPMENT LLC 1,908.45 444613 12/14/2023 SANDHILL ENVIRONMENTAL SERVICES LLC 10,224.40 444614 12/14/2023 SHRIEVE CHEMICAL CO LLC 7,897.65 444615 12/14/2023 CONSOLIDATED WATER GROUP LLC 111.63 444616 12/14/2023 TPH HOLDINGS LLC 158.40 444617 12/14/2023 CRYSTAL MCANELLY DIVERS 95.00 444618 12/14/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 650.00 444619 12/14/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 575.00 444620 12/14/2023 SEVEN ISLES CAPITAL 3,184.00 444621 12/14/2023 BIO -CHEM INCORPORATED 869.20 444622 12/14/2023 RUBEN ZAMARRIPA 80.00 444623 12/14/2023 XEROX CORPORATION 173.47 444624 12/14/2023 BLUETARP FINANCIAL INC 119.43 444625 12/14/2023 FLEETPRIDE INC 279.31 444626 12/14/2023 SUBSTANCE ABUSE COUNCIL OF IRC 7,932.84 444627 12/14/2023 SUBSTANCE ABUSE COUNCIL OF IRC 5,656.58 444628 12/14/2023 GIS WORKSHOP LLC 8,293.00 444629 12/14/2023 BATES AIR & HEAT LLC 625.00 444630 12/14/2023 LF STAFFING SERVICES INC 600.38 444631 12/14/2023 LF STAFFING SERVICES INC 5,069.25 444632 12/14/2023 FLOOD IRRIGATION INC 366.56 444633 12/14/2023 GEARFACE LLC 500.00 444634 12/14/2023 KATHERINE LNALL 18.00 444635 12/14/2023 H2O INNOVATION USA INC 4,535.00 444636 12/14/2023 INDIAN RIVER CAMERA & ACCESS LLC 8,805.00 444637 12/14/2023 CYNTHIAABRUTOSKY 54.00 444638 12/14/2023 UNIVAR SOLUTIONS USA INC 1,912.62 444639 12/14/2023 VECELLIO GROUP INC 884.66 444640 12/14/2023 JOSE GUEVARA 600.00 Grand Total: 2,145,277.54 20 TRANS NBR DATE 903088 12/14/2023 903089 12/14/2023 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN VENDOR DAVID YORK HOUSING AUTHORITY OF FULTON COUNTY AMOUNT 574.00 2,236.32 2,810.32 21 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1021189 12/08/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 5,450.00 1021190 12/08/2023 AT&T CORP 1,645.08 1021191 12/08/2023 AT&T CORP 5.29 1021192 12/08/2023 AT&T CORP 5.29 1021193 12/08/2023 AT&T CORP 6.35 1021194 12/08/2023 AT&T CORP 6.35 1021195 12/08/2023 OFFICE DEPOT INC 1,669.97 1021196 12/08/2023 COMCAST 238.45 1021197 12/08/2023 WASTE MANAGEMENT INC OF FLORIDA 3,696.40 1021198 12/12/2023 EUROFINS ENVIRONMENT TESTING AMERICA HOLDIT 7,560.00 1021199 12/14/2023 PARKS RENTAL & SALES INC 317.63 1021200 12/14/2023 INDIAN RIVER OXYGEN INC 5,416.75 1021201 12/14/2023 RING POWER CORPORATION 3,504.53 1021202 12/14/2023 GALLS LLC 345.67 1021203 12/14/2023 CENTER POINT INC 3,300.00 1021204 12/14/2023 IRRIGATION CONSULTANTS UNLIMITED INC 354.53 1021205 12/14/2023 GROVE WELDERS INC 6,428.28 1021206 12/14/2023 COMMERCIAL ENERGY SPECIALISTS 1,284.00 1021267 12/14/2023 TOTAL TRUCK PARTS INC 605.95 1021208 12/14/2023 AUTO PARTNERS LLC 5,578.89 1021209 12/14/2023 HYDRA SERVICE (S) INC 48,314.90 1021210 12/14/2023 UNIFIRST CORPORATION 1,917.54 1021211 12/14/2023 GUARDIAN ALARM OF FLORIDA LLC 260.00 1021212 12/14/2023 EFE INC 3,874.01 1021213 12/14/2023 CARLON INC 217.00 Grand Total: 102,002.86 22 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 11067 12/08/2023 KIMLEY HORN & ASSOC INC 2,870.00 11068 12/08/2023 IRC FIRE FIGHTERS ASSOC 10,649.52 11069 12/08/2023 CITY OF SEBASTIAN 31,073.74 11070 12/08/2023 PUBLIC DEFENDER 3,789.23 11071 12/08/2023 SENIOR RESOURCE ASSOCIATION 595,738.16 11072 12/08/2023 BENEFLEX INC 930.15 11073 12/08/2023 LINCOLN RETIREMENT 126,040.45 11074 12/08/2023 P&AADMINISTRATIVE SERVICES INC 45.46 11075 12/08/2023 P&AADMINISTRATIVE SERVICES INC 702.22 11076 12/11/2023 IRS -PAYROLL TAXES 699,969.82 11077 12/11/2023 FL SDU 2,728.61 11078 12/11/2023 OPTUMHEALTH FINANCIAL SERVICES 97,758.84 11079 12/11/2023 EDH HOLDINGS LLC 3,220.43 11080 12/12/2023 AMERICAN FAMILY LIFE ASSURANCE CO 12,364.72 11081 12/12/2023 FLORIDA DEPARTMENT OF REVENUE 1,852.40 11082 12/12/2023 FLORIDA DEPARTMENT OF REVENUE 1,979.42 11083 12/12/2023 ALLSTATE 95.84 11084 12/12/2023 P&AADMINISTRATIVE SERVICES INC 176.01 11085 12/13/2023 FLORIDA DEPARTMENT OF REVENUE 2,717.43 11086 12/13/2023 FLORIDA DEPARTMENT OF REVENUE 29,766.71 11087 12/13/2023 IRS -PAYROLL TAXES 642.43 11088 12/13/2023 RX BENEFITS INC 2,544.82 11089 12/13/2023 P&AADMINISTRATIVE SERVICES INC 541.71 11090 12/13/2023 P&AADMINISTRATIVE SERVICES INC 751.62 11091 12/13/2023 P&AADMINISTRATIVE SERVICES INC 355.97 11092 12/13/2023 P&AADMINISTRATIVE SERVICES INC 358.33 11093 12/14/2023 FIDELITY SECURITY LIFE INSURANCE COMPANY 6,841.06 11094 12/14/2023 RX BENEFITS INC 869,897.56 11095 12/14/2023 P&A ADMINISTRATIVE SERVICES INC 815.06 Grand Total: 2,507,217.72 23 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: December 21, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 15, 2023 to December 21, 2023 & comp" U 'A In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of December 15, 2023 to December 21, 2023. 24 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 444641 12/21/2023 REPUBLIC SERVICES INC 569,686.12 444642 12/21/2023 GEOSYNTEC CONSULTANTS INC 47,607.06 444643 12/21/2023 ARCADIS U S INC 3,625.75 444644 12/21/2023 COASTAL TECHNOLOGY CORPORATION 9,230.00 444645 12/21/2023 DIVOSTA HOMES LP 62,883.06 444646 12/21/2023 ATLANTIC ROOFING II OF VERO BEACH INC 8,131.05 444647 12/21/2023 BOWMAN CONSULTING GROUP LTD 2,791.01 444648 12/21/2023 SPIEZLE ARCHITECTURAL GROUP INC 114.00 444649 12/21/2023 DON HINKLE CONSTRUCTION INC 3,208.38 444650 12/21/2023 S&MEINC 13,964.42 444651 12/21/2023 ATKINS NORTH AMERICA INC 32,846.11 444652 12/21/2023 QCR HOLDINGS INC & SUBSIDIARIES 2,019.20 444653 12/21/2023 FLORIDA WATER & POLLUTION CONTROL 355.00 444654 12/21/2023 KAREN RACKARD 315.00 444655 12/21/2023 UNIVERSITY OF SOUTH FLORIDA 750.00 444656 12/21/2023 SHELLEY NOWLIN 70.31 444657 12/21/2023 SEAN GIBBONS 70.00 444658 12/21/2023 RYAN LLOYD 30.00 444659 12/21/2023 JORDAN MONTEROSSO 68.09 444660 12/21/2023 SEAN LIESKE 140.48 444661 12/21/2023 ROBERT TOBAR 140.97 444662 12/21/2023 AMERICAN ANIMAL CRUELTY INVESTIGATIONS SCH( 550.00 444663 12/21/2023 CARL SOVINE 75.00 444664 12/21/2023 FL HAZARDOUS MATERIALS SYMPOSIUM INC 225.00 444665 12/21/2023 AT&T WIRELESS 153.68 444666 12/21/2023 CLERK OF CIRCUIT COURT 903.50 444667 12/21/2023 UNITED WAY OF INDIAN RIVER COUNTY 734.00 444668 12/21/2023 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 444669 12/21/2023 BLUE CROSS & BLUE SHIELD OF FLORIDA INC 7,397.00 444670 12/21/2023 FLORIDA POWER AND LIGHT 86.57 444671 12/21/2023 SUNSHINE STATE ONE CALL OF FL INC 2,232.93 444672 12/21/2023 CELICO PARTNERSHIP 4,974.16 444673 12/21/2023 ELECTRONIC ACCESS SPECIALIST 397.58 444674 12/21/2023 CANARX GROUP INC 4,860.80 444675 12/21/2023 DIRECTV GROUP INC 97.14 444676 12/21/2023 CK CONTRACTORS & DEVELOPMENT LLC 40,369.23 444677 12/21/2023 BLUETARP FINANCIAL INC 24.78 444678 12/21/2023 RICHARD LEVEY 305.69 444679 12/21/2023 JOSEPH SAVIAK 341.42 444680 12/21/2023 JTC CONCRETE PLUS LLC 360.00 444681 12/21/2023 ALS REFUNDS 104.18 444682 12/21/2023 PARKS & REC REFUNDS 319.50 444683 12/21/2023 PARKS & REC REFUNDS 500.00 444684 12/21/2023 PARKS & REC REFUNDS 180.27 444685 12/21/2023 PARKS & REC REFUNDS 240.00 444686 12/21/2023 PARKS & REC REFUNDS 75.00 444687 12/21/2023 UTIL REFUNDS 86.68 444688 12/21/2023 UTIL REFUNDS 67.23 444689 12/21/2023 UTIL REFUNDS 42.89 444690 12/21/2023 UTIL REFUNDS 340.05 444691 12/21/2023 UTIL REFUNDS 44.43 444692 12/21/2023 UTIL REFUNDS 2.73 444693 12/21/2023 UTIL REFUNDS 72.62 444694 12/21/2023 UTIL REFUNDS 8.31 444695 12/21/2023 UTIL REFUNDS 27.16 444696 12/21/2023 UTIL REFUNDS 50.00 25 TRANS NBR DATE VENDOR AMOUNT 444697 12/21/2023 UTIL REFUNDS 42.60 444698 12/21/2023 UTIL REFUNDS 47.08 444699 12/21/2023 UTIL REFUNDS 89.61 444700 12/21/2023 UTIL REFUNDS 66.75 444701 12/21/2023 UTIL REFUNDS 43.53 444702 12/21/2023 UTIL REFUNDS 100.00 444703 12/21/2023 UTIL REFUNDS 253.05 444704 12/21/2023 UTIL REFUNDS 84.35 444705 12/21/2023 UTIL REFUNDS 12.70 444706 12/21/2023 UTIL REFUNDS 86.20 444707 12/21/2023 UTIL REFUNDS 69.46 444708 12/21/2023 UTIL REFUNDS 92.15 444709 12/21/2023 UTIL REFUNDS 49.33 444710 12/21/2023 UTIL REFUNDS 68.58 444711 12/21/2023 PORT CONSOLIDATED INC 1,566.16 444712 12/21/2023 STURGIS LUMBER & PLYWOOD CO 3.58 444713 12/21/2023 SSES INC 11,726.42 444714 12/21/2023 TEN-8 FIRE EQUIPMENT INC 315.82 444715 12/21/2023 VERO CHEMICAL DISTRIBUTORS INC 688.90 444716 12/21/2023 PERERS ENTERPRISES INC 5,581.26 444717 12/21/2023 RICOH USA INC 45.68 444718 12/21/2023 HENRY SCHEIN INC 87.20 444719 12/21/2023 SUB AQUATICS INC 1,832.37 444720 12/21/2023 INDIAN RIVER BATTERY 3,267.95 444721 12/21/2023 GRAINGER 479.61 444722 12/21/2023 KELLY TRACTOR CO 638.46 444723 12/21/2023 KELLY TRACTOR CO 3,473.44 444724 12/21/2023 SAFETY KLEEN SYSTEMS INC 363.50 444725 12/21/2023 GRAYBAR ELECTRIC CO INC 2,132.00 444726 12/21/2023 WILD LAND ENTERPRISES INC 280.00 444727 12/21/2023 HACH CO 140.98 444728 12/21/2023 MEEKS PLUMBING INC 1,175.50 444729 12/21/2023 BOUND TREE MEDICAL LLC 4,316.53 444730 12/21/2023 EXPRESS REEL GRINDING INC 2,830.00 444731 12/21/2023 TIRESOLES OF BROWARD INC 4,884.86 444732 12/21/2023 MOTION INDUSTRIES INC 2,088.22 444733 12/21/2023 CHILDCARE RESOURCES OF IRC INC 28,403.84 444734 12/21/2023 DELL MARKETING LP 1,564.00 444735 12/21/2023 MIDWEST TAPE LLC 608.22 444736 12/21/2023 MWI CORP 623.33 444737 12/21/2023 ODYSSEY MANUFACTURING CO 23,572.40 444738 12/21/2023 BAKER DISTRIBUTING CO LLC 34.80 444739 12/21/2023 CENGAGE LEARNING INC 158.94 444740 12/21/2023 JIMMYS AIR & REFRIGERATION INC 1,625.20 444741 12/21/2023 SOFTWARE HARDWARE INTEGRATION 294,182.00 444742 12/21/2023 WILLIE C REAGAN 850.00 444743 12/21/2023 INFO USA MARKETING INC 365.00 444744 12/21/2023 PING INC 243.93 444745 12/21/2023 CLERK OF CIRCUIT COURT 558.50 444746 12/21/2023 CLERK OF CIRCUIT COURT 2,133.60 444747 12/21/2023 INDIAN RIVER COUNTY HEALTH DEPT 369.95 444748 12/21/2023 CITY OF VERO BEACH 6,926.58 444749 12/21/2023 HOME DEPOT USA INC 527.28 444750 12/21/2023 FLORIDA DEPT OF TRANSPORTATION 7.45 444751 12/21/2023 TREASURE COAST HOMELESS SERVICES 14,471.00 444752 12/21/2023 BRACKETT FAMILY LIMITED PARTNERSHIP 1,282.00 444753 12/21/2023 PUBLIX SUPERMARKETS 112.00 444754 12/21/2023 PUBLIX SUPERMARKETS 30.30 444755 12/21/2023 ACUSHNET COMPANY 1,506.96 26 TRANS NBR DATE VENDOR AMOUNT 444756 12/21/2023 FEDERAL EXPRESS CORP 40.18 444757 12/21/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 1,564.90 444758 12/21/2023 FLORIDA POWER AND LIGHT 1,510.00 444759 12/21/2023 FLORIDA POWER AND LIGHT 60,077.92 444760 12/21/2023 FLORIDA POWER AND LIGHT 15,134.25 444761 12/21/2023 AMERICAN PLANNING ASSOCIATION 502.00 444762 12/21/2023 AMERICAN PLANNING ASSOCIATION 230.00 444763 12/21/2023 NEW HORIZONS OF THE TREASURE COAST 58,759.00 444764 12/21/2023 LANGUAGE LINE SERVICES INC 194.68 444765 12/21/2023 HIBISCUS CHILDRENS CENTER INC 2,158.95 444766 12/21/2023 FLORIDA EMERGENCY PREPAREDNESS 100.00 444767 12/21/2023 UNITED STATES GOLF ASSOCIATION INC 150.00 444768 12/21/2023 CARTER & VERPLANCK INC 56,162.00 444769 12/21/2023 INDIAN RIVER FARMS WATER CNTRL DIST 18,059.40 444770 12/21/2023 JOHN BROWN & SONS INC 12,000.00 444771 12/21/2023 INTERNATIONAL CODE COUNCIL INC 155.00 444772 12/21/2023 DAVID SPARKS 1,275.00 444773 12/21/2023 FORT PIERCE HOUSING AUTHORITY 825.00 444774 12/21/2023 BRIDGESTONE AMERICAS INC 2,412.59 444775 12/21/2023 RECHTIEN INTERNATIONAL TRUCKS 71.92 444776 12/21/2023 RECHTIEN INTERNATIONAL TRUCKS 973.50 444777 12/21/2023 THE PALMS AT VERO BEACH 2,347.00 444778 12/21/2023 PERKINS COMPOUNDING PHARMACY 87.26 444779 12/21/2023 TRANE US INC 4,856.00 444780 12/21/2023 HULETT ENVIRONMENTAL SERVICES 459.50 444781 12/21/2023 ARTHUR PRUETT 791.00 444782 12/21/2023 FLORIDA DEPT OF JUVENILE JUSTICE 45,172.77 444783 12/21/2023 CONTROL SYSTEMS DESIGN INC 405.00 444784 12/21/2023 ELECTRONIC ACCESS SPECIALIST 371.45 444785 12/21/2023 SYNAGRO-WWT INC 76,443.54 444786 12/21/2023 THE SHERWIN WILLIAMS CO 142.64 444787 12/21/2023 SOUTHERN JANITOR SUPPLY INC 4,969.01 444788 12/21/2023 MICHAEL JAHOLKOWSKI 551.00 444789 12/21/2023 GLOVER OIL COMPANY INC 134,011.84 444790 12/21/2023 MITCHELL REPAIR INFORMATION COMPANY LLC 5,186.98 444791 12/21/2023 RICHARD SCHLITT 841.00 444792 12/21/2023 ORCHID ISLAND PROPERTY MGMT II INC 3,431.96 444793 12/21/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 1,049.21 444794 12/21/2023 SUNCOAST REALTY & RENTAL MGMT LLC 872.00 444795 12/21/2023 PAK MAIL 116.35 444796 12/21/2023 PAMELA R CUMMINGS 1,186.00 444797 12/21/2023 JOHNNY B SMITH 245.00 444798 12/21/2023 MENTAL HEALTH ASSOCIATION IRC INC 6,946.70 444799 12/21/2023 DUPERON CORPORATION 4,800.00 444800 12/21/2023 GLOBALSTAR USA 226.34 444801 12/21/2023 INDIAN RIVER RDA LP 1,028.00 444802 12/21/2023 REDLANDS CHRISTIAN MIGRANT ASSOC 10,170.82 444803 12/21/2023 PETER J CASSARA 985.00 444804 12/21/2023 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 1,500.00 444805 12/21/2023 AFFORDABLE WATER & COFFEE SVC 15.00 444806 12/21/2023 TREASURE COAST FOOD BANK INC 394.30 444807 12/21/2023 YOUTH GUIDANCE DONATION FUND OF IRC INC 5,833.33 444808 12/21/2023 TSC JACOBS INC 33,690.00 444809 12/21/2023 NICOLACE MARKETING INC 10,962.05 444810 12/21/2023 JOSEPH G POLLARD CO INC 2,875.00 444811 12/21/2023 OKEECHOBEE PARTNERS LLC 1,167.00 444812 12/21/2023 NORTH HARRIS COMPUTER CORPORATION 750.00 444813 12/21/2023 HELPING ANIMALS LIVE -OVERCOME 15.00 444814 12/21/2023 OVERDRIVE INC 1,348.74 27 TRANS NBR DATE VENDOR AMOUNT 444815 12/21/2023 MISS INC OF THE TREASURE COAST 941.00 444816 12/21/2023 VERO BEACH INVESTMENTS LLC 575.00 444817 12/21/2023 XYLEM WATER SOLUTION USA INC 72,040.95 444818 12/21/2023 MHC OPERATING LIMITED PARTNERSHIP 580.00 444819 12/21/2023 PROMATIC INC 877.42 444820 12/21/2023 PROMATIC INC 1,515.15 444821 12/21/2023 NEWSOM OIL COMPANY 1,724.50 444822 12/21/2023 ALADTEC INC 5,354.53 444823 12/21/2023 CARDINAL HEALTH 110 INC 121.24 444824 12/21/2023 MUNICIPAL EMERGENCY SERVICES INC 1,938.73 444825 12/21/2023 LEARNING ALLIANCE 33,147.85 444826 12/21/2023 CALDWELL PACETTI EDWARDS 8,918.63 444827 12/21/2023 BSN SPORTS INC 251.12 444828 12/21/2023 HUNTER SOUTHWEST PRODUCTIONS LLC 600.00 444829 12/21/2023 HAWKINS INC 680.00 444830 12/21/2023 AUGUSTUS B FORT JR 941.00 444831 12/21/2023 CATHEDRAL CORPORATION 1,607.11 444832 12/21/2023 SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 100.65 444833 12/21/2023 H&H SHADOWBROOK LLC 794.00 444834 12/21/2023 STTEONE LANDSCAPE SUPPLY HOLDINGS LLC 328.09 444835 12/21/2023 AWC INC 2,525.00 444836 12/21/2023 CROSSOVER MISSION INC 19,166.00 444837 12/21/2023 WURTH USA INC 4,966.65 444838 12/21/2023 FLORIDA EAST COAST HOLDINGS CORP 1,967.00 444839 12/21/2023 ICON SUPPLY INC 47,184.97 444840 12/21/2023 WEDGEWOOD RENTALS LLC 858.00 444841 12/21/2023 CDW LLC 244.84 444842 12/21/2023 MATHESON TRI-GAS INC 10,149.24 444843 12/21/2023 WILLIS SPORTS ASSOCIATION INC 3,435.00 444844 12/21/2023 COLE AUTO SUPPLY INC 6,989.78 444845 12/21/2023 KONICA MINOLTA BUSINESS SOLUTIONS 414.85 444846 12/21/2023 BETH NOLAN 300.00 444847 12/21/2023 FLORIDA BULB & BALLAST INC 371.40 444848 12/21/2023 ENVIRONMENTAL OPERATING SOLUTION INC 13,380.60 444849 12/21/2023 VEOLIA WATER TECHNOLOGIES INC 50,377.25 444850 12/21/2023 CORE & MAIN LP 6,720.03 444851 12/21/2023 WOERNER AGRIBUSINESS LLC 736.00 444852 12/21/2023 GYRO-TRAC CORPORATION 2,581.21 444853 12/21/2023 KARL POKRANDT 1,117.00 444854 12/21/2023 DUVAL FORD LLC 39,034.42 444855 12/21/2023 ENGINEERED SERVICES INC 271.59 444856 12/21/2023 ENGINEERED SERVICES INC 66.78 444857 12/21/2023 DIRECTV GROUP INC 103.39 444858 12/21/2023 BRANDON ROUER 3,285.00 444859 12/21/2023 VISTA OUTDOOR SALES LLC 1,009.74 444860 12/21/2023 HUDSON CONSULTING & MANAGEMENT LLC 766.00 444861 12/21/2023 AMAZON CAPITAL SERVICES INC 5,716.31 444862 12/21/2023 PACE ANALYTICAL SERVICES LLC 226.80 444863 12/21/2023 AMERIGAS PROPANE LP 8,421.24 444864 12/21/2023 THE HOPE FOR FAMILIES CENTER INC 3,230.78 444865 12/21/2023 JORDAN POWER EQUIPMENT CORP 509.82 444866 12/21/2023 CK CONTRACTORS & DEVELOPMENT LLC 139,109.81 444867 12/21/2023 DERECK R PRINCE 60.00 444868 12/21/2023 MULLINAX FORD OF VERO BEACH 7,404.86 444869 12/21/2023 SHARON P BRENNAN 689.00 444870 12/21/2023 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 4,813.33 444871 12/21/2023 KRONOS SAASHR INC 262.71 444872 12/21/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 355.65 444873 12/21/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 50.52 28 4 TRANS NBR DATE VENDOR AMOUNT 444874 12/21/2023 MILTON MAYBERRY ENTERPRISES INC 4,032.00 444875 12/21/2023 EFLASH NEWSLETTERS LLC 150.00 444876 12/21/2023 MT CAUSLEY LLC 48,083.75 444877 12/21/2023 A PLUS PROPERTY MANAGEMENT INC 4,189.00 444878 12/21/2023 BLUE GOOSE CONSTRUCTION LLC 4,292.04 444879 12/21/2023 STAPLES INC 295.02 444880 12/21/2023 LOWES COMPANIES INC 4,230.08 444881 12/21/2023 SMI TRADING LLC 93.53 444882 12/21/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 2,241.60 444883 12/21/2023 BREGO PROPERTIES LLC 861.00 444884 12/21/2023 ROBERT A HUDSON 225.00 444885 12/21/2023 SREIT LEXINGTON CLUB LLC 4,377.00 444886 12/21/2023 THEODORE SEMI 175.00 444887 12/21/2023 QUADMED INC 428.06 444888 12/21/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 945.00 444889 12/21/2023 MARLBROS HOLDINGS LLC 1,341.00 444890 12/21/2023 LAWRENCE F WALLIN 75.00 444891 12/21/2023 HIREQUEST LLC 2,031.60 444892 12/21/2023 PETERBILT STORE SOUTH FLORIDA LLC 3,415.66 444893 12/21/2023 SEUNG KIM 650.00 444894 12/21/2023 NEX-GEN PARTNERS LLC 8,945.00 444895 12/21/2023 CER SIGNATURE CLEANING LLC 4,100.00 444896 12/21/2023 CLEAN SPACE INC 455.00 444897 12/21/2023 EZAS INVESTMENTS LLC 1,450.00 444898 12/21/2023 MICHAEL MILLER 1,600.00 444899 12/21/2023 MARUBENI AMERICA CORPORATION 4,573.92 444900 12/21/2023 RS REALTY ADVISORS LLC 2,201.00 444901 12/21/2023 DOBBS EQUIPMENT LLC 8,193.21 444902 12/21/2023 WESTERN OILFIELDS SUPPLY COMPANY 17,475.06 444903 12/21/2023 GOMEZ BROTHERS CONTRACT SERVICES 1,152.00 444904 12/21/2023 WILLIAM J LAHEY 896.00 444905 12/21/2023 SANDHILL ENVIRONMENTAL SERVICES LLC 32,558.10 444906 12/21/2023 SONIA SUSAN SOSA 1,383.00 444907 12/21/2023 FERGUSON RENTAL LLC 540.00 444908 12/21/2023 ULTIMATE PROPERTIES & LOGISTICS LLC 1,037.00 444909 12/21/2023 SHRIEVE CHEMICAL CO LLC 4,283.71 444910 12/21/2023 BTAC HOLDING CORP 7,112.65 444911 12/21/2023 CARAHSOFT TECHNOLOGY CORP 5,789.00 444912 12/21/2023 TPH HOLDINGS LLC 51.26 444913 12/21/2023 CRYSTAL MCANELLY DIVERS 40.00 444914 12/21/2023 SEVEN ISLES CAPITAL 199.00 444915 12/21/2023 RONALD MARASCO SR 305.00 444916 12/21/2023 METTLER-TOLEDO INTERNATIONAL INC 651.45 444917 12/21/2023 TAYLOR NELSON AUXIER 250.00 444918 12/21/2023 KAREN CHENNELL 1,350.00 444919 12/21/2023 JT VERO PROPERTIES LLC 2,574.00 444920 12/21/2023 JACOURT LLC 1,043.00 444921 12/21/2023 SM REALTY PARTNERS LLC 2,207.00 444922 12/21/2023 XEROX CORPORATION 1,197.73 444923 12/21/2023 TSC JACOBS SOUTH INC 1,272.18 444924 12/21/2023 ISO CLAIMS SERVICES INC 769.75 444925 12/21/2023 IXORIA RE LLC 1,141.00 444926 12/21/2023 US ECOLOGY TAMPA INC 26,295.85 444927 12/21/2023 AIRVAC INC 3,704.85 444928 12/21/2023 FLEETPRIDE INC 518.20 444929 12/21/2023 DONNA W ROBERTS 120.00 444930 12/21/2023 JOHNSON-LAUX CONSTRUCTION LLC 17,108.13 444931 12/21/2023 HI LIFE PROPERTY MANAGEMENT LLC 1,791.00 444932 12/21/2023 JORDAN PARKER 100.00 29 TRANS NBR DATE VENDOR AMOUNT 444933 12/21/2023 JB JONES JR 877.00 444934 12/21/2023 UNA GRAHAM 1,500.00 444935 12/21/2023 HAR-RO PROPERTIES LLC 1,030.00 444936 12/21/2023 IDENTRUST INC 912.00 444937 12/21/2023 JOHN DAVID HAYES 2,434.00 444938 12/21/2023 GARY C ALERTE JR 1,500.00 444939 12/21/2023 ARTHUR J MALTY 125.00 444940 12/21/2023 JOHN DIGIACOMO 150.00 444941 12/21/2023 BATES AIR & HEAT LLC 888.32 444942 12/21/2023 LF STAFFING SERVICES INC 3,813.76 444943 12/21/2023 FIONNA SMITH 1,417.00 444944 12/21/2023 PINES VILLAGE LLC 2,144.00 444945 12/21/2023 KATHERINE L NALL 54.00 444946 12/21/2023 TREASURE COAST MANAGEMENT SPECIALISTS LLC 1,351.00 444947 12/21/2023 CYNTHIA BRUTOSKY 24.00 444948 12/21/2023 DENA KAY MATTHEWS 2,079.00 444949 12/21/2023 MARY L TOMARO 150.00 444950 12/21/2023 VECELLIO GROUP INC 357.78 444951 12/21/2023 INDIO RIVER LLC 937.00 444952 12/21/2023 GANNETT MEDIA CORP 3,944.62 444953 12/21/2023 DAVID D SIMPSON 400.00 444954 12/21/2023 WHENTOWORK INC 850.00 444955 12/21/2023 GERRI M CARTER 1,000.00 Grand Total: 2,650,795.33 30 ri ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1021214 12/15/2023 AT&T CORP 971.00 1021215 12/15/2023 OFFICE DEPOT INC 1,373.54 1021216 12/15/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,900.00 1021217 12/15/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,900.00 1021218 12/15/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 6,250.00 1021219 12/15/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 250.00 1021220 12/15/2023 COMCAST 220.00 1021221 12/15/2023 WASTE MANAGEMENT INC OF FLORIDA 2,831.20 1021222 12/21/2023 INDIAN RIVER OXYGEN INC 253.50 1021223 12/21/2023 RING POWER CORPORATION 82.18 1021224 12/21/2023 MIKES GARAGE & WRECKER SERVICE INC 440.00 1021225 12/21/2023 GALLS LLC 1,031.09 1021226 12/21/2023 IRRIGATION CONSULTANTS UNLIMITED INC 75.97 1021227 12/21/2023 GROVE WELDERS INC 12,241.48 1021228 12/21/2023 STRYKER SALES CORP 5,007.60 1021229 12/21/2023 SPINNAKER VERO INC 228.00 1021230 12/21/2023 AUTO PARTNERS LLC 1,578.88 1021231 12/21/2023 HYDRA SERVICE (S) INC 54,949.00 1021232 12/21/2023 HORIZON DISTRIBUTORS INC 2,989.72 1021233 12/21/2023 UNIFIRST CORPORATION 1,494.45 1021234 12/21/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1021235 12/21/2023 NEXAIR LLC 150.11 1021236 12/21/2023 EFE INC 1,925.21 1021237 12/21/2023 CARLON INC 587.00 1021238 12/21/2023 FIRST HOSPITAL LABORATORIES INC 455.00 1021239 12/21/2023 DIRECTV GROUP INC 148.22 Grand Total: 109,433.15 31 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 11096 12/15/2023 WRIGHT EXPRESS FSC 30,111.71 11097 12/15/2023 AMERITAS 24,137.75 11098 12/15/2023 HALLEY ENGINEERING CONTRACTORS INC 809,738.37 11099 12/15/2023 P&AADMINISTRATIVE SERVICES INC 814.06 11100 12/18/2023 CITY OF SEBASTIAN 248,302.56 11101 12/18/2023 MUTUAL OF OMAHA 26,976.34 11102 12/18/2023 MUTUAL OF OMAHA 31,876.64 11103 12/18/2023 IRS -PAYROLL TAXES 7,558.36 11104 12/18/2023 AMERITAS 142.50 11105 12/18/2023 AMERITAS 247.50 11106 12/18/2023 AMERITAS 262.50 11107 12/18/2023 AMERITAS 37.50 11108 12/18/2023 AMERITAS 3,063.75 11109 12/18/2023 HEALTH ADVOCATE SOLUTIONS INC 3,761.99 11110 12/18/2023 P&AADMINISTRATIVE SERVICES INC 431.50 11111 12/18/2023 P&A ADMINISTRATIVE SERVICES INC 625.90 11112 12/18/2023 P&AADMINISTRATIVE SERVICES INC 660.16 11113 12/18/2023 P&A ADMINISTRATIVE SERVICES INC 1,115.00 11114 12/19/2023 P&AADMINISTRATIVE SERVICES INC 1,026.56 11115 12/19/2023 P&AADMINISTRATIVE SERVICES INC 334.00 11116 12/19/2023 P&AADMINISTRATIVE SERVICES INC 813.47 11117 12/20/2023 INDIAN RIVER COUNTY SHERIFF 5,001.91 11118 12/20/2023 HUMANE SOCIETY 43,000.00 11119 12/20/2023 FIRST AMERICAN TITLE INSURANCE CO 114,423.00 11120 12/20/2023 FIRST AMERICAN TITLE INSURANCE CO 69,423.00 11121 12/20/2023 P&AADMINISTRATIVE SERVICES INC 1,426.34 11122 12/20/2023 P&AADMINISTRATIVE SERVICES INC 30.00 11123 12/20/2023 P&AADMINISTRATIVE SERVICES INC 50.00 11124 12/20/2023 P&A ADMINISTRATIVE SERVICES INC 1,057.72 11125 12/21/2023 KIMLEY HORN & ASSOC INC 9,592.50 11126 12/21/2023 IRC FIRE FIGHTERS ASSOC 10,607.26 11127 12/21/2023 TEAMSTERS LOCAL UNION #769 5,230.00 11128 12/21/2023 FL SDU 2,929.96 ** 11129 12/21/2023 TIMOTHY ROSE CONTRACTING INC 351,932.69 11131 12/21/2023 AGENCY FOR HEALTH CARE ADMIN 2,830,304.00 11132 12/21/2023 TOWN OF INDIAN RIVER SHORES 7,584.04 11133 12/21/2023 SCHOOL DISTRICT OF I R COUNTY 72,200.00 11134 12/21/2023 MUTUAL OF OMAHA 2,565.00 11135 12/21/2023 IRS -PAYROLL TAXES 600,899.59 11136 12/21/2023 RX BENEFITS INC 301,033.26 11137 12/21/2023 CER SIGNATURE CLEANING LLC 13,762.87 11138 12/21/2023 EDH HOLDINGS LLC 257.23 11139 12/21/2023 P&A ADMINISTRATIVE SERVICES INC 859.08 11140 12/21/2023 LINCOLN RETIREMENT 94,334.96 11141 12/21/2023 EVERSIDE HEALTH LLC 6,322.96 11142 12/21/2023 EVERSIDE HEALTH LLC 10,893.75 11143 12/21/2023 EVERSIDE HEALTH LLC 23,901.15 Grand Total: 5,771,660.39 ** 11130 SKIPPED IN ERROR 32 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: December 28, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 22, 2023 to December 28, 2023 6, C� In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller's Division, for the time period of December 22, 2023 to December 28, 2023. 33 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 11144 12/26/2023 KIMLEY HORN & ASSOC INC 3,745.00 11145 12/26/2023 CITY OF FELLSMERE 37,150.81 11146 12/26/2023 SENIOR RESOURCE ASSOCIATION 576,197.52 11147 12/26/2023 P&AADMINISTRATIVE SERVICES INC 154.43 11148 12/26/2023 P&AADMINISTRATIVE SERVICES INC 1,582.43 11149 12/26/2023 P&AADMIrIISTRATIVE SERVICES INC 738.81 11150 12/26/2023 P&AADMINISTRATIVE SERVICES INC 191.94 11151 12/26/2023 P&AADMINISTRATIVE SERVICES INC 1,200.36 11152 12/26/2023 P&A ADMINISTRATIVE SERVICES INC 423.47 11153 12/27/2023 KIMLEY HORN & ASSOC INC 710.00 11154 12/27/2023 VEROTOWN LLC 90,294.76 11155 12/27/2023 EDH HOLDINGS LLC 2,721.36 11156 12/27/2023 EDH HOLDINGS LLC 6,995.50 11157 12/27/2023 EDH HOLDINGS LLC 6,953.00 11158 12/27/2023 P&AADMINISTRATIVE SERVICES INC 77.58 11159 12/28/2023 P&AADMINISTRATIVE SERVICES INC 475.21 11160 12/28/2023 P&A ADMINISTRATIVE SERVICES INC 1,010.00 Grand Total: 730,622.18 34 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: January 4, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 29, 2023 to January 4, 2024 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of December 29, 2023 to January 4, 2024. 35 Ms [OWIISMEW 1 M TRANS NBR DATE VENDOR AMOUNT 444956 12/29/2023 AT&T WIRELESS 147.92 444957 12/29/2023 AT&T WIRELESS 299.70 444958 12/29/2023 AT&T WIRELESS 157.40 444959 12/29/2023 AT&T WIRELESS 745.86 444960 12/29/2023 AT&T WIRELESS 345.84 444961 12/29/2023 AT&T WIRELESS 217.37 444962 12/29/2023 CLERK OF CIRCUIT COURT 170.50 444963 12/29/2023 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 444964 12/29/2023 VICTIM ASSISTANCE PROGRAM 8,253.08 444965 12/29/2023 ROGER J NICOSIA 1,500.00 444966 12/29/2023 CITY OF VERO BEACH 2,230.27 444967 12/29/2023 CITY OF VERO BEACH 11,987.50 444968 12/29/2023 HOME DEPOT USA INC 101.56 444969 12/29/2023 FLORIDA DEPT OF TRANSPORTATION 17.40 444970 12/29/2023 FLORIDA POWER AND LIGHT 107.84 444971 12/29/2023 STATE ATTORNEY 26,957.24 444972 12/29/2023 ST LUCIE COUNTY BOCC 66,715.16 444973 12/29/2023 PELLETIER, CLAUDETTE 1,500.00 444974 12/29/2023 PATRIOT PRODUCTIONS LLC 500.00 444975 12/29/2023 SUZANNE BOYLL 492.01 444976 12/29/2023 PIVOTAL UTILITY HOLDINGS INC 21,738.12 444977 12/29/2023 RA -BUS CORP 1,125.00 444978 12/29/2023 CERA SCHREMS 7,922.55 444979 12/29/2023 PARKS & REC REFUNDS 250.00 444980 12/29/2023 UTIL REFUNDS 68.10 444981 12/29/2023 UTIL REFUNDS 72.00 444982 12/29/2023 UTIL REFUNDS 383.78 444983 12/29/2023 UTIL REFUNDS 90.04 444984 12/29/2023 UTIL REFUNDS 100.00 444985 12/29/2023 UTIL REFUNDS 4.39 444986 12/29/2023 UTIL REFUNDS 229.23 444987 12/29/2023 UTIL REFUNDS 34.11 444988 12/29/2023 UTIL REFUNDS 82.66 444989 12/29/2023 UTIL REFUNDS 44.09 444990 12/29/2023 UTIL REFUNDS 22.68 444991 12/29/2023 FLORIDA FIRE CHIEFS ASSOCIATION 900.00 444992 12/29/2023 KARI CUNDIFF 75.00 444993 12/29/2023 SUSAN ADAMS 43.97 444994 12/29/2023 SHEILA O'SULLIVAN 16.20 444995 12/29/2023 ERIKA LUNDEEN 898.27 444996 12/29/2023 JORDAN MONTEROSSO 8.10 444997 12/29/2023 MASON KOZAC 95.00 444998 12/29/2023 CARRI HENRY 272.90 444999 12/29/2023 MICHELLE AUTON 272.90 445000 12/29/2023 CHEVY HILL 16.20 445001 12/29/2023 GEORGE SUMMERFIELD 5.47 445002 12/29/2023 UTIL REFUNDS 140.78 445003 12/29/2023 UTIL REFUNDS 95.57 445004 12/29/2023 UTIL REFUNDS 37.86 445005 12/29/2023 UTIL REFUNDS 69.38 445006 12/29/2023 UTIL REFUNDS 86.43 445007 12/29/2023 UTIL REFUNDS 101.71 445008 12/29/2023 UTIL REFUNDS 1.57 445009 12/29/2023 UTIL REFUNDS 36.82 445010 12/29/2023 UTIL REFUNDS 76.45 445011 12/29/2023 UTIL REFUNDS 34.92 36 TRANS NBR DATE VENDOR AMOUNT 445012 12/29/2023 UTIL REFUNDS 78.43 445013 12/29/2023 UTIL REFUNDS 47.90 445014 12/29/2023 UTIL REFUNDS 115.73 445015 12/29/2023 UTIL REFUNDS 94.13 445016 12/29/2023 UTIL REFUNDS 24.46 445017 12/29/2023 UTIL REFUNDS 8.24 445018 12/29/2023 UTIL REFUNDS 13.83 445019 12/29/2023 UTIL REFUNDS 86.85 445020 12/29/2023 UTIL REFUNDS 15.00 445021 12/29/2023 UTIL REFUNDS 10.79 445022 12/29/2023 UTIL REFUNDS 24.03 445023 12/29/2023 UTIL REFUNDS 67.22 445024 12/29/2023 UTIL REFUNDS 7.65 445025 12/29/2023 UTIL REFUNDS 21.48 445026 12/29/2023 UTIL REFUNDS 56.55 445027 12/29/2023 UTIL REFUNDS 65.57 445028 12/29/2023 UTIL REFUNDS 2.55 445029 12/29/2023 UTIL REFUNDS 38.13 445030 12/29/2023 UTIL REFUNDS 48.26 445031 12/29/2023 UTIL REFUNDS 62.47 445032 12/29/2023 UTIL REFUNDS 86.83 445033 12/29/2023 UTIL REFUNDS 65.91 445034 12/29/2023 UTIL REFUNDS 83.43 445035 12/29/2023 UTIL REFUNDS 14.11 445036 12/29/2023 UTIL REFUNDS 29.29 445037 12/29/2023 UTIL REFUNDS 188.82 445038 12/29/2023 UTIL REFUNDS 7.69 445039 12/29/2023 UTIL REFUNDS 102.22 445040 12/29/2023 UTIL REFUNDS 37.09 445041 12/29/2023 UTIL REFUNDS 133.38 445042 12/29/2023 UTIL REFUNDS 60.19 445043 12/29/2023 UTIL REFUNDS 22.72 445044 12/29/2023 MBV ENGINEERING INC 7,747.75 445045 12/29/2023 CATHEDRAL CORPORATION 17,700.00 445046 12/29/2023 DICKERSON INFRASTRUCTURE INC 184,895.61 445047 12/29/2023 ATKINS NORTH AMERICA INC 32,741.69 445048 12/29/2023 PRINCE LAND INC 178,583.66 445049 12/29/2023 JIM'S COMPLETE CONSTRUCTION LLC 108,931.56 445050 12/29/2023 PORT CONSOLIDATED INC 977.15 445051 12/29/2023 SSES INC 5,453.36 445052 12/29/2023 VERO CHEMICAL DISTRIBUTORS INC 930.00 445053 12/29/2023 SAFETY PRODUCTS INC 303.19 445054 12/29/2023 E-Z BREW COFFEE & BOTTLE WATER SVC 65.00 445055 12/29/2023 GRAINGER 319.70 445056 12/29/2023 APPLE INDUSTRIAL SUPPLY CO 849.76 445057 12/29/2023 HACH CO 6,298.84 445058 12/29/2023 AVERY DENNISON CORPORATION 3,795.00 445059 12/29/2023 MEEKS PLUMBING INC 10,240.00 445060 12/29/2023 BOUND TREE MEDICAL LLC 4,867.60 445061 12/29/2023 TIRESOLES OF BROWARD INC 2,300.00 445062 12/29/2023 BARNEYS PUMP INC 42,800.00 445063 12/29/2023 ODYSSEY MANUFACTURING CO 22,946.20 445064 12/29/2023 JIMMYS AIR & REFRIGERATION INC 825.00 445065 12/29/2023 CITY OF VERO BEACH 1,308.93 445066 12/29/2023 HOME DEPOT USA INC 318.48 445067 12/29/2023 PERCONTI DATA SYSTEMS INC 42,500.00 445068 12/29/2023 PUBLIX SUPERMARKETS 34.75 445069 12/29/2023 ROGER CLEVELAND GOLF INC 1,080.60 445070 12/29/2023 FEDERAL EXPRESS CORP 84.46 37 2 TRANS NBR DATE VENDOR AMOUNT 445071 12/29/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 32.53 445072 12/29/2023 FLORIDA RECREATION & PARK ASSOC INC 1,750.00 445073 12/29/2023 FLORIDA RECREATION & PARK ASSOC INC 160.00 445074 12/29/2023 FLORIDA POWER AND LIGHT 115,009.27 445075 12/29/2023 FLORIDA POWER AND LIGHT 5,309.59 445076 12/29/2023 EPSILON SIGMA PHI 75.00 445077 12/29/2023 GIFFORD YOUTH ACHIEVEMENT CENTER INC 15,122.89 445078 12/29/2023 GOVERNMENT FINANCE OFFICERS ASSOC 665.00 445079 12/29/2023 TREASURE COAST SPORTS COMMISSION INC 564.83 445080 12/29/2023 FLORIDA STATE GOLF ASSOCIATION 782.00 445081 12/29/2023 CHILDRENS HOME SOCIETY OF FL 500.00 445082 12/29/2023 ELXSI INC 2,944.51 445083 12/29/2023 THE PALMS AT VERO BEACH 600.00 445084 12/29/2023 TRANE US INC 68,477.00 445085 12/29/2023 HULETT ENVIRONMENTAL SERVICES 291.00 445086 12/29/2023 FLORIDA FARM BUREAU 50.00 445087 12/29/2023 FASTENAL COMPANY 142.96 445088 12/29/2023 THE SHERWIN WILLIAMS CO 182.60 445089 12/29/2023 SOUTHERN JANITOR SUPPLY INC 2,004.21 445090 12/29/2023 ORCHID ISLAND PROPERTY MGMT II INC 21,502.50 445091 12/29/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 755.91 445092 12/29/2023 JOHNNY B SMITH 175.00 445093 12/29/2023 INDIAN RIVER RDA LP 345.00 445094 12/29/2023 MARINCO BIOASSAY LABORATORY INC 1,465.00 445095 12/29/2023 PAULA THOMAS 1,000.00 445096 12/29/2023 TORRES ELECTRICAL SUPPLY COMPANY INC 21,366.00 445097 12/29/2023 GFA INTERNATIONAL INC 83,386.25 445098 12/29/2023 MUNICIPAL EMERGENCY SERVICES INC 3,457.28 445099 12/29/2023 BSN SPORTS INC 203.87 445100 12/29/2023 STS MAINTAIN SERVICES INC 29,506.12 445101 12/29/2023 MASCHMEYER CONCRETE COMPANY OF FLORIDA 947.80 445102 12/29/2023 COLE AUTO SUPPLY INC 4,478.21 445103 12/29/2023 BEST CHOICE PROFESSIONAL CLEANING LLC 975.00 445104 12/29/2023 HINTERLAND GROUP INC 36,534.12 445105 12/29/2023 AMAZON CAPITAL SERVICES INC 1,746.92 445106 12/29/2023 PACE ANALYTICAL SERVICES LLC 226.80 445107 12/29/2023 JORDAN POWER EQUIPMENT CORP 3,199.99 445108 12/29/2023 CK CONTRACTORS & DEVELOPMENT LLC 45,671.51 445109 12/29/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 251.99 445110 12/29/2023 SUNBELT HYDRAULIC & EQUIPMENT INC 479.33 445111 12/29/2023 FERGUSON US HOLDINGS INC 16,754.00 445112 12/29/2023 BLUE GOOSE CONSTRUCTION LLC 6,028.61 445113 12/29/2023 STAPLES INC 147.71 445114 12/29/2023 LOWES COMPANIES INC 1,782.79 445115 12/29/2023 SMI TRADING LLC 58.03 445116 12/29/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 54.90 445117 12/29/2023 MILLENNIUM CREMATORY LLC 1,500.00 445118 12/29/2023 GOOD SPORTSMAN MARKETING LLC 2,093.62 445119 12/29/2023 ROBERT A HUDSON 175.00 445120 12/29/2023 THEODORE SEMI 195.00 445121 12/29/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 598.00 445122 12/29/2023 SCALESGEAR.COM LLC 101.26 445123 12/29/2023 BREIT TH MHC JV LP 365.00 445124 12/29/2023 SAM 3ERG CONSTRUCTION & DEVELOPMENT LLC 7,340.52 445125 12/29/2023 LAWRENCE F WALLIN 75.00 445126 12/29/2023 VERO COLLISION II LLC 1,595.45 445127 12/29/2023 HIREQUEST LLC 9,616.24 445128 12/29/2023 CER SIGNATURE CLEANING LLC 4,900.00 445129 12/29/2023 TOURNAMENT SOLUTIONS LLC 571.30 38 TRANS NBR DATE VENDOR AMOUNT 445130 12/29/2023 A/C FILTER PROVIDER LLC 22,943.04 445131 12/29/2023 SHRIEVE CHEMICAL CO LLC 4,199.54 445132 12/29/2023 TK ELEVATOR CORPORATION 8,472.00 445133 12/29/2023 CONSOLIDATED WATER GROUP LLC 214.44 445134 12/29/2023 STUART STAMP & ENGRAVING LLC 61.20 445135 12/29/2023 RONALD MARASCO SR 275.00 445136 12/29/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 445137 12/29/2023 JEFFERY HOGUES 3,050.00 445138 12/29/2023 TAYLOR NELSON AUXIER 175.00 445139 12/29/2023 TREASURE COAST SWIMMING 1,500.00 445140 12/29/2023 XEROX CORPORATION 2,262.71 445141 12/29/2023 BLUETARP FINANCIAL INC 222.63 445142 12/29/2023 FLEETPRIDE INC 408.78 445143 12/29/2023 DONNA W ROBERTS 60.00 445144 12/29/2023 JORDAN PARKER 125.00 445145 12/29/2023 ARTHUR J MALTY 125.00 445146 12/29/2023 JOHN DIGIACOMO 50.00 445147 12/29/2023 LF STAFFING SERVICES INC 1,723.76 445148 12/29/2023 CENTRAL FLORIDA EXPRESSWAY AUTHORITY 5.54 445149 12/29/2023 C&S CHEMICALS INC 8,691.69 445150 12/29/2023 HASTYAWARDS 421.80 445151 12/29/2023 VECELLIO GROUP INC 356.00 445152 12/29/2023 LNI CUSTOM MANUFACTURING INC 800.00 445153 12/29/2023 FACILITY ARMOR LLC 198.67 445154 12/29/2023 RMMC WALKER CLUB LLC 920.00 445155 12/29/2023 CYNTHIA WOLD 125.00 Grand Total: 1,490,029.02 39 4 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 903090 01/02/2024 GRACES LANDING LTD 647.00 903091 01/02/2024 CREATIVE CHOICE HOMES XVI LTD 777.00 903092 01/02/2024 FLORIDA POWER AND LIGHT 92.00 903093 01/02/2024 INDIAN RIVER COUNTY HOUSING AUTHORITY 320.00 903094 01/02/2024 PELICAN ISLES LP 661.00 903095 01/02/2024 LAZY J LLC 428.00 903096 01/02/2024 COALITION FOR ATTAINABLE HOMES INC 691.00 903097 01/02/2024 ORCHARD GROVE VENTURE LLC 6,025.00 903098 01/02/2024 SREIT LEXINGTON CLUB LLC 2,729.00 903099 01/02/2024 VERO BEACH LEASED HOUSING ASSOC III LLLP 298.00 903100 01/02/2024 STARWOOD REIT OPERATING PARTNERSHIP LP 4,562.00 903101 01/02/2024 JACOURT LLC 3,781.00 903102 01/02/2024 GRACES LANDING LTD 12,711.00 903103 01/02/2024 BETTY DAVIS SCROGGS 665.00 903104 01/02/2024 CREATIVE CHOICE HOMES XVI LTD 9,458.00 903105 01/02/2024 DAVID YORK 710.00 903106 01/02/2024 ST FRANCIS MANOR OF VERO BEACH 1,679.00 903107 01/02/2024 TREASURE COAST HOMELESS SERVICES 2,472.00 903108 01/02/2024 FLORIDA POWER AND LIGHT 120.00 903109 01/02/2024 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,202.00 903110 01/02/2024 INDIAN RIVER COUNTY HOUSING AUTHORITY 6,408.00 903111 01/02/2024 THE PALMS AT VERO BEACH 27,050.00 903112 01/02/2024 DAVID CONDON 980.00 903113 01/02/2024 PELICAN ISLES LP 11,063.00 903114 01/02/2024 SUNCOAST REALTY & RENTAL MGMT LLC 621.00 903115 01/02/2024 PAMELA R CUMMINGS 1,819.00 903116 01/02/2024 ADINAGOLDMAN-WALKER 1,190.00 903117 01/02/2024 INDIAN RIVER RDA LP 3,370.00 903118 01/02/2024 LAZY J LLC 2,604.00 903119 01/02/2024 SAID S MOOBARK 2,298.00 903120 01/02/2024 OSCEOLA COUNTY SECTION 8 1,086.16 903121 01/02/2024 YVONNE KOUTSOFIOS 180.00 903122 01/02/2024 HOUSING AUTHORITY OF FULTON COUNTY 1,118.16 903123 01/02/2024 BRIAN E GALLAGHER 705.00 903124 01/02/2024 JOHN T STANLEY 1,534.00 903125 01/02/2024 WEDGEWOOD RENTALS LLC 1,267.00 903126 01/02/2024 COALITION FOR ATTAINABLE HOMES INC 1,115.00 903127 01/02/2024 MYRIAM MELENDEZ 743.00 903128 01/02/2024 WATSON REALTY GROUP 2,723.00 903129 01/02/2024 SHER LLC 801.00 903130 01/02/2024 ORCHARD GROVE VENTURE LLC 20,178.00 903131 01/02/2024 SREIT LEXINGTON CLUB LLC 32,337.00 903132 01/02/2024 VERO BEACH LEASED HOUSING ASSOC III LLLP 19,726.00 903133 01/02/2024 B4 TC PROPERTIES LLC 933.00 903134 01/02/2024 STREIT RIVER PARK PLACE LLC 17,807.00 903135 01/02/2024 EZAS INVESTMENTS LLC 949.00 903136 01/02/2024 STARWOOD REIT OPERATING PARTNERSHIP LP 24,589.00 903137 01/02/2024 STARWOOD REIT OPERATING PARTNERSHIP LP 5,836.00 903138 01/02/2024 JACOURT LLC 4,680.00 903139 01/02/2024 CHRISTINE HARVEY LAWRENCE 719.00 903140 01/02/2024 CENTER LAKE PROPERTY MANAGEMENT LLC 1,327.00 903141 01/02/2024 AMELIA VILLAGE LP 633.00 Grand Total: 251,417.32 40 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1021240 12/29/2023 NORTH SOUTH SUPPLY INC 198.24 1021241 12/29/2023 INDIAN RIVER OXYGEN INC 103.75 1021242 12/29/2023 GALLS LLC 659.08 1021243 12/29/2023 GROVE WELDERS INC 260.16 1021244 12/29/2023 SOUTHERN COMPUTER WAREHOUSE INC 25,643.84 1021245 12/29/2023 PRIDE ENTERPRISES 439.45 1021246 12/29/2023 SPINNAKER VERO INC 1,005.00 1021247 12/29/2023 WRIGHT FASTENER COMPANY LLC 165.00 1021248 12/29/2023 UNIFIRST CORPORATION 1,042.87 1021249 12/29/2023 GUARDIAN ALARM OF FLORIDA LLC 1,768.28 1021250 12/29/2023 NEXAIR LLC 20.81 1021251 12/29/2023 EFE INC 664.94 1021252 12/29/2023 AT&T CORP 5,465.66 1021253 12/29/2023 AT&T CORP 6.93 1021254 12/29/2023 OFFICE DEPOT INC 2,349.00 1021255 12/29/2023 COMCAST 835.86 Grand Total: 40,628.87 41 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 11161 12/29/2023 IRC CHAMBER OF COMMERCE 18,010.42 11162 12/29/2023 IRC CHAMBER OF COMMERCE 66,602.54 11163 12/29/2023 AMERICAN FAMILY LIFE ASSURANCE CO 12,287.46 11164 12/29/2023 ALLSTATE 95.84 11165 12/29/2023 P&AADMINISTRATIVE SERVICES INC 960.85 11166 01/02/2024 ST LUCIE BATTERY & TIRE CO 1,159.27 11167 01/02/2024 CLERK OF CIRCUIT COURT 121,968.91 11168 01/02/2024 INDIAN RIVER COUNTY PROPERTY APPRAISER 1,201,718.50 11169 01/02/2024 INDIAN RIVER COUNTY SHERIFF 5,862,721.82 11170 01/02/2024 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 148,350.34 11171 01/02/2024 AMERITAS 18,912.08 11172 01/02/2024 EDH HOLDINGS LLC 13.36 11173 01/02/2024 P&A ADMINISTRATIVE SERVICES INC 616.11 11174 01/02/2024 P&AADMINISTRATIVE SERVICES INC 271.97 11175 01/02/2024 P&AADMINISTRATIVE SERVICES INC 1,210.34 11176 01/02/2024 P&AADMINISTRATIVE SERVICES INC 693.18 11177 01/03/2024 VETERANS COUNCIL OF I R C 5,512.47 11178 01/03/2024 FL RETIREMENT SYSTEM 1,317,528.05 11179 01/03/2024 FIDELITY SECURITY LIFE INSURANCE COMPANY 6,760.04 11180 01/03/2024 P&AADMINISTRATTVE SERVICES INC 173.00 11181 01/03/2024 P&AADMINISTRATTVE SERVICES INC 51.99 11182 01/04/2024 CLERK OF CIRCUIT COURT 4,984.73 11183 01/04/2024 AMERITAS 240.00 11184 01/04/2024 AMERITAS 37.50 11185 01/04/2024 AMERITAS 142.50 11186 01/04/2024 AMERITAS 247.50 11187 01/04/2024 AMERITAS 22.50 11188 01/04/2024 AMERITAS 3,176.25 11189 01/04/2024 TD BANK 10,434.12 Grand Total: 8,804,903.64 42 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: January 11, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS January 5, 2024 to January 11, 2024 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of January 5, 2024 to January 11, 2024. 43 Cyaayyl/'doll l TRANS NBR DATE VENDOR AMOUNT 445156 01/05/2024 PORT CONSOLIDATED INC 812.19 445157 01/05/2024 TEN -8 FIRE EQUIPMENT INC 1,261.68 445158 01/05/2024 VERO CHEMICAL DISTRIBUTORS INC 605.75 445159 01/05/2024 PERERS ENTERPRISES INC 136.85 445160 01/05/2024 RICOH USA INC 140.84 445161 01/05/2024 GRAINGER 658.40 445162 01/05/2024 TEMPLE INC 982.00 445163 01/05/2024 WILD LAND ENTERPRISES INC 33.00 445164 01/05/2024 HACH CO 3,536.30 445165 01/05/2024 CLIFF BERRY INC 184.80 445166 01/05/2024 MEEKS PLUMBING INC 937.50 445167 01/05/2024 BOUND TREE MEDICAL LLC 577.95 445168 01/05/2024 EXPRESS REEL GRINDING INC 2,830.00 445169 01/05/2024 TIRESOLES OF BROWARD INC 1,356.00 445170 01/05/2024 ABCO GARAGE DOOR CO INC 704.00 445171 01/05/2024 CHILDCARE RESOURCES OF IRC INC 26,993.40 445172 01/05/2024 CHILDCARE RESOURCES OF IRC INC 11,155.76 445173 01/05/2024 BARNEYS PUMP INC 9,390.00 445174 01/05/2024 MIDWEST TAPE LLC 6,678.36 445175 01/05/2024 ODYSSEY MANUFACTURING CO 15,500.00 445176 01/05/2024 CENGAGE LEARNING INC 973.22 445177 01/05/2024 JIMMYS AIR & REFRIGERATION INC 653.25 445178 01/05/2024 SUNSHINE REHABILATION CENTER OF IRC INC 1,760.00 445179 01/05/2024 INDIAN RIVER COUNTY HEALTH DEPT 355.45 445180 01/05/2024 CITY OF VERO BEACH 102.66 445181 01/05/2024 FLORIDA DEPT OF TRANSPORTATION 2.50 445182 01/05/2024 FLORIDA FISH & WILDLIFE 3,393.00 445183 01/05/2024 PUBLIX SUPERMARKETS 44.04 445184 01/05/2024 WAL MART STORES EAST LP 60.03 445185 01/05/2024 ROGER CLEVELAND GOLF INC 6,309.60 445186 01/05/2024 FEDERAL EXPRESS CORP 106.05 445187 01/05/2024 LIBERTY FLAGS INC 588.80 445188 01/05/2024 FLORIDA POWER AND LIGHT 92,599.81 445189 01/05/2024 FLORIDA POWER AND LIGHT 2,374.74 445190 01/05/2024 CATHOLIC CHARITIES DIOCESE OF PALM BCH 5,378.30 445191 01/05/2024 HIBISCUS CHILDRENS CENTER INC 2,196.56 445192 01/05/2024 COMPLETE ELECTRIC INC 336.09 445193 01/05/2024 IRC HEALTHY START COALITION INC 7,499.98 445194 01/05/2024 IRC HEALTHY START COALITION INC 3,125.00 445195 01/05/2024 IRC HEALTHY START COALITION INC 14,060.50 445196 01/05/2024 IRC HEALTHY START COALITION INC 6,333.32 445197 01/05/2024 IRC HEALTHY START COALITION INC 10,441.66 445198 01/05/2024 IRC HEALTHY START COALITION INC 3,125.00 445199 01/05/2024 IRC HEALTHY START COALITION INC 2,500.00 445200 01/05/2024 JOHN BROWN & SONS INC 15,800.00 445201 01/05/2024 ELXSI INC 5,569.89 445202 01/05/2024 INDIAN RIVER COUNTY HOUSING AUTHORITY 300.00 445203 01/05/2024 BRIDGESTONE AMERICAS INC 712.98 445204 01/05/2024 HULETT ENVIRONMENTAL SERVICES 38.00 445205 01/05/2024 CINTAS CORPORATION NO 2 221.40 445206 01/05/2024 POLYDYNE INC 3,933.00 445207 01/05/2024 BIG BROTHERS AND BIG SISTERS 8,482.81 445208 01/05/2024 SOUTHERN JANITOR SUPPLY INC 1,343.85 445209 01/05/2024 J C RENTALS & INVESTMENTS INC 550.00 445210 01/05/2024 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 13,077.11 445211 01/05/2024 ORCHID ISLAND PROPERTY MGMT II INC 4,541.22 44 TRANS NBR DATE VENDOR AMOUNT 445212 01/05/2024 SCOTT F SMITH 780.00 445213 01/05/2024 FLORIDA CATTLEMENS ASSOCIATION 150.00 445214 01/05/2024 REDLANDS CHRISTIAN MIGRANT ASSOC 9,650.53 445215 01/05/2024 PETER J CASSARA 985.00 445216 01/05/2024 TREASURE COAST FOOD BANK INC 314.03 445217 01/05/2024 BRENNTAG MID -SOUTH INC 8,829.92 445218 01/05/2024 OVERDRIVE INC 2,065.69 445219 01/05/2024 ALAN JAY FORD LINCOLN MERCURY INC 85,573.00 445220 01/05/2024 CARDINAL HEALTH 110 INC 706.30 445221 01/05/2024 MUNICIPAL EMERGENCY SERVICES INC 1,770.98 445222 01/05/2024 KYLE ANDERSON 1,050.00 445223 01/05/2024 BURNETT LIME CO INC 12,946.60 445224 01/05/2024 LEARNING ALLIANCE 4,041.46 445225 01/05/2024 PENGUIN RANDOM HOUSE LLC 279.37 445226 01/05/2024 FLORIDA DESIGN DRILLING CORP 11,482.35 445227 01/05/2024 COBRA GOLF INCORPORATED 1,714.34 445228 01/05/2024 MICHAEL EDWARD HAMILTON 300.00 445229 01/05/2024 HAWKINS INC 1,734.00 445230 01/05/2024 CATHEDRAL CORPORATION 404.69 445231 01/05/2024 GOTTA GO GREEN ENTERPISES INC 190.83 445232 01/05/2024 THE GIFFORD FLORIDA YOUTH ORCHESTRA 3,750.00 445233 01/05/2024 EASTERN PIPELINE CONSTRUCTION INC 1,775.00 445234 01/05/2024 COLE AUTO SUPPLY INC 2,546.57 445235 01/05/2024 ENVIRONMENTAL OPERATING SOLUTION INC 13,351.60 445236 01/05/2024 CORE & MAIN LP 14,449.47 445237 01/05/2024 WOERNERAGRIBUSINESS LLC 140.00 445238 01/05/2024 VISTA OUTDOOR SALES LLC 80.10 445239 01/05/2024 AMAZON CAPITAL SERVICES INC 18,942.71 445240 01/05/2024 PACE ANALYTICAL SERVICES LLC 189.12 445241 01/05/2024 PACE ANALYTICAL SERVICES LLC 6,808.94 445242 01/05/2024 AMERIGAS PROPANE LP 1,714.61 445243 01/05/2024 CK CONTRACTORS & DEVELOPMENT LLC 23,283.18 445244 01/05/2024 MULLINAX FORD OF VERO BEACH 199.95 445245 01/05/2024 ORCHARD GROVE VENTURE LLC 490.00 445246 01/05/2024 LOWES COMPANIES INC 1,205.39 445247 01/05/2024 SMI TRADING LLC 112.51 445248 01/05/2024 SUTPHEN CORPORATION 598,449.25 445249 01/05/2024 SCP DISTRIBUTORS LLC 54,840.00 445250 01/05/2024 SCALESGEAR.COM LLC 66.88 445251 01/05/2024 HIREQUEST LLC 948.08 445252 01/05/2024 PETERBILT STORE SOUTH FLORIDA LLC 721.15 445253 01/05/2024 CER SIGNATURE CLEANING LLC 1,800.00 445254 01/05/2024 DOBBS EQUIPMENT LLC 603.86 445255 01/05/2024 VETERAN FIRE SERVICES INC 3,300.00 445256 01/05/2024 GOMEZ BROTHERS CONTRACT SERVICES 180.00 445257 01/05/2024 AVI-SPL LLC 82.00 445258 01/05/2024 EBERLE DESIGN INC 596.00 445259 01/05/2024 PIVOTAL UTILITY HOLDINGS INC 51.24 445260 01/05/2024 SHRIEVE CHEMICAL CO LLC 4,256.85 445261 01/05/2024 BTAC HOLDING CORP 10,160.57 445262 01/05/2024 POINT & PAY LLC 1,300.00 445263 01/05/2024 SEVEN ISLES CAPITAL 1,350.00 445264 01/05/2024 DE 2018 PLLC 286.50 445265 01/05/2024 JUSTFOIA INC 8,930.25 445266 01/05/2024 FLEETPRIDE INC 465.71 445267 01/05/2024 DREAMSEATS LLC 30,971.72 445268 01/05/2024 SUBSTANCE ABUSE COUNCIL OF IRC 17,011.48 445269 01/05/2024 SUBSTANCE ABUSE COUNCIL OF IRC 11,269.23 445270 01/05/2024 LF STAFFING SERVICES INC 2,241.64 45 TRANS NBR DATE VENDOR AMOUNT 445271 01/05/2024 LF STAFFING SERVICES INC 1,786.06 445272 01/05/2024 NICHOLAS BERGER 3,692.50 445273 01/05/2024 HELPING HANDS PROGRAM OF SOUTH COUNTY INC 3,096.89 445274 01/05/2024 VBHS CHORAL PARENTS ASSC 300.00 445275 01/05/2024 JOSE ROBERTO NOGUEIRA NETA 700.00 445276 01/05/2024 CAROLINA FLYINGS DISCS INC 7,230.00 445277 01/05/2024 CALIFORNIA STATE DISBURSEMENT UNIT 305.19 445278 01/05/2024 A THOMAS CONSTRUCTION INC 3,415.00 445279 01/05/2024 MILLENNIUM CREMATORY LLC 425.00 445280 01/05/2024 STRATEGIC GOVERNMENT RESOURCES INC 9,070.67 445281 01/05/2024 P&AADMINISTRATIVE SERVICES INC 573.00 445282 01/05/2024 SAVIAK CONSULTING LLC 7,500.00 445283 01/05/2024 PARKS & REC REFUNDS 2,730.47 445284 01/05/2024 BRIAN RIMES 60.00 445285 01/05/2024 ELIAB FAVELA 60.00 445286 01/05/2024 GEOSYNTEC CONSULTANTS INC 7,481.76 445287 01/05/2024 MBV ENGINEERING INC 150.00 445288 01/05/2024 REHMANN GROUP LLC 40,000.00 445289 01/05/2024 KESSLER CONSULTING INC 2,990.00 445290 01/05/2024 STEEPSTEEL LLC 1,296.75 445291 01/05/2024 COMMANDLINK LLC 3,460.80 445292 01/05/2024 WEX HEALTH INC 6,006.05 445293 01/05/2024 KATE PRIEST LCSW LLC 5,000.00 445294 01/05/2024 SOUTHEAST SERIES OF LOCKTON COMPANIES LLC 22,250.00 445295 01/05/2024 INTERTECH CONSTRUCTION CORPORATION OF AMER 63,073.45 445296 01/05/2024 TIGER NATURAL GAS, INC. 51,698.57 445297 01/11/2024 COMMUNICATIONS INTERNATIONAL 31,879.52 445298 01/11/2024 EDLUND DRITENBAS BINKLEY ARCHITECTS 2,671.25 445299 01/11/2024 INTERNATIONAL GOLF MAINTENANCE INC 118,688.17 445300 01/11/2024 ARCADIS U S INC 289.00 445301 01/11/2024 SOUTHERN MANAGEMENT LLC 4,089.50 445302 01/11/2024 ANFIELD CONSULTING GROUP INC 10,000.00 445303 01/11/2024 CLEAN SPACE INC 15,995.96 445304 01/11/2024 INDIAN RIVER SUSTAINABILITY CENTER LLC 189,119.16 445305 01/11/2024 SANDHILL ENVIRONMENTAL SERVICES LLC 20,337.73 445306 01/11/2024 SOUTHEAST SERIES OF LOCKTON COMPANIES LLC 25,000.00 445307 01/11/2024 ATKINS NORTH AMERICA INC 21,371.25 445308 01/11/2024 RICOH USA INC 51.57 445309 01/11/2024 AT&T WIRELESS 296.58 445310 01/11/2024 AT&T WIRELESS 127.69 445311 01/11/2024 BAKER DISTRIBUTING CO LLC 87.36 445312 01/11/2024 CLERK OF CIRCUIT COURT 54.00 445313 01/11/2024 AT&T CORP 198.00 445314 01/11/2024 AT&T CORP 690.00 445315 01/11/2024 FLORIDA POWER AND LIGHT 4,777.09 445316 01/11/2024 TOWN OF ORCHID 978,596.42 445317 01/11/2024 CELICO PARTNERSHIP 7,092.06 445318 01/11/2024 FRANK CAINE 24.09 445319 01/11/2024 NAPIER & ROLLIN PLLC 332.50 445320 01/11/2024 LOWES COMPANIES INC 18.80 445321 01/11/2024 PROSPORT BOOSTERS CORP 500.00 445322 01/11/2024 GOMEZ BROTHERS CONTRACT SERVICES 720.00 445323 01/11/2024 BLUETAR.P FINANCIAL INC 54.85 445324 01/11/2024 FOUNDATIONS WELLNESS CENTER LLC 8,050.00 445325 01/11/2024 TRANSGATE RECOVERY SOLUTIONS LLC 525.00 445326 01/11/2024 BULKAMANIA LLC 5,419.89 445327 01/11/2024 PARKS & REC REFUNDS 210.28 445328 01/11/2024 PARKS & REC REFUNDS 210.28 445329 01/11/2024 PARKS & REC REFUNDS 512.31 46 TRANS NBR DATE VENDOR AMOUNT 445330 01/11/2024 PARKS & REC REFUNDS 375.00 445331 01/11/2024 PARKS & REC REFUNDS 282.75 445332 01/11/2024 PARKS & REC REFUNDS 60.27 445333 01/11/2024 PARKS & REC REFUNDS 500.00 445334 01/11/2024 UTIL REFUNDS 62.40 445335 01/11/2024 UTIL REFUNDS 57.82 445336 01/11/2024 UTIL REFUNDS 51.24 445337 01/11/2024 UTIL REFUNDS 40.24 445338 01/11/2024 UTIL REFUNDS 105.68 445339 01/11/2024 UTIL REFUNDS 12.52 445340 01/11/2024 UTIL REFUNDS 18.40 445341 01/11/2024 UTIL REFUNDS 33.44 445342 01/11/2024 UTIL REFUNDS 33.09 445343 01/11/2024 UTIL REFUNDS 22.69 445344 01/11/2024 UTIL REFUNDS 26.80 445345 01/11/2024 UTIL REFUNDS 35.06 445346 01/11/2024 UTIL REFUNDS 13.58 445347 01/11/2024 UTIL REFUNDS 7.35 445348 01/11/2024 UTIL REFUNDS 64.00 445349 01/11/2024 UTIL REFUNDS 29.08 445350 01/11/2024 UTIL REFUNDS 177.36 445351 01/11/2024 UTIL REFUNDS 54.00 445352 01/11/2024 SOUTHEAST DESALTING ASSOCIATION 250.00 445353 01/11/2024 JEFF MATHIS 162.98 445354 01/11/2024 TRAVIS PARILLO 163.89 445355 01/11/2024 RACE TO SAFETY TRAINING LLC 225.00 445356 01/11/2024 JAMES MANN 86.64 445357 01/11/2024 FL PUBLIC EMPLOYER LABOR RELATIONS ASSOCIATI 375.00 445358 01/11/2024 MASON KOZAC 214.95 445359 01/11/2024 HOWARD RICHARDS 152.48 445360 01/11/2024 LEON LIBERUS 172.00 445361 01/11/2024 MARK VIETZE 161.10 445362 01/11/2024 PORT CONSOLIDATED INC 998.39 445363 01/11/2024 COMMUNICATIONS INTERNATIONAL 1,078.00 445364 01/11/2024 COMMUNICATIONS INTERNATIONAL 1,743.70 445365 01/11/2024 SSES INC 204.87 445366 01/11/2024 RICOH USA INC 103.00 445367 01/11/2024 HENRY SCHEIN INC 4,272.80 445368 01/11/2024 INDIAN RIVER BATTERY 942.00 445369 01/11/2024 GRAINGER 597.55 445370 01/11/2024 SAFETY KLEEN SYSTEMS INC 418.77 445371 01/11/2024 APPLE INDUSTRIAL SUPPLY CO 60.57 445372 01/11/2024 HACH CO 673.00 445373 01/11/2024 CLIFF BERRY INC 75.95 445374 01/11/2024 SWE INC 1,250.00 445375 01/11/2024 BOUND TREE MEDICAL LLC 21,103.74 445376 01/11/2024 TIRESOLES OF BROWARD INC 1,290.00 445377 01/11/2024 ABCO GARAGE DOOR CO INC 1,710.50 445378 01/11/2024 ODYSSEY MANUFACTURING CO 15,916.95 445379 01/11/2024 HOME DEPOT USA INC 381.97 445380 01/11/2024 FLORIDA GOVERNMENT FINANCE 36.00 445381 01/11/2024 FLORIDA DEPT OF TRANSPORTATION 36.12 445382 01/11/2024 ROGER CLEVELAND GOLF INC 466.97 445383 01/11/2024 ACUSHNET COMPANY 2,977.25 445384 01/11/2024 TYLER TECHNOLOGIES INC 46,583.00 445385 01/11/2024 CALLAWAY GOLF SALES COMPANY 6,888.23 445386 01/11/2024 FLORIDA POWER AND LIGHT 89,173.15 445387 01/11/2024 PEACE RIVER ELECTRIC COOP INC 213.47 445388 01/11/2024 NEW HORIZONS OF THE TREASURE COAST 29,379.50 47 4 TRANS NBR DATE VENDOR AMOUNT 445389 01/11/2024 TREASURE COAST SPORTS COMMISSION INC 6,500.10 445390 01/11/2024 PITNEY BOWES INC 201.00 445391 01/11/2024 CAROLINA SOFTWARE INC 500.00 445392 01/11/2024 BRIDGESTONE AMERICAS INC 3,172.86 445393 01/11/2024 INSTITUTE OF TRANSPORTATION 335.00 445394 01/11/2024 TRANE US INC 1,940.84 445395 01/11/2024 CINTAS CORPORATION NO 2 164.41 445396 01/11/2024 POLYDYNE INC 3,933.00 445397 01/11/2024 SOUTHERN JANITOR SUPPLY INC 1,624.44 445398 01/11/2024 JOHNS EASTERN COMPANY INC 62,688.00 445399 01/11/2024 GLOVER OIL COMPANY INC 69,827.66 445400 01/11/2024 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 16,539.24 445401 01/11/2024 KNOX ASSOCIATES INC 4,273.00 445402 01/11/2024 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 5.67 445403 01/11/2024 JOHNNY B SMITH 295.00 445404 01/11/2024 INDIAN RIVER RDA LP 315.00 445405 01/11/2024 SOUTHEAST SECURE SHREDDING 60.00 445406 01/11/2024 PAULA WHIDDON 420.00 445407 01/11/2024 NICOLACE MARKETING INC 8,619.80 445408 01/11/2024 FLORIDA ARMATURE WORKS INC 2,081.48 445409 01/11/2024 XYLEM WATER SOLUTION USA INC 15,908.70 445410 01/11/2024 CLEAR VILLAGE INC 32,062.00 445411 01/11/2024 CARDINAL HEALTH 110 INC 1,080.03 445412 01/11/2024 MUNICIPAL EMERGENCY SERVICES INC 6,751.22 445413 01/11/2024 STS MAINTAIN SERVICES INC 39,057.37 445414 01/11/2024 COBRA GOLF INCORPORATED 2,022.50 445415 01/11/2024 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 750.00 445416 01/11/2024 SYLVIA MILLER 1,425.00 445417 01/11/2024 ANDERSEN ANDRE CONSULTING ENGINEERS INC 1,914.00 445418 01/11/2024 CATHEDRAL CORPORATION 564.94 445419 01/11/2024 WILSON SPORTING GOODS CO 2,704.80 445420 01/11/2024 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 122.94 445421 01/11/2024 AC VETERINARY SPECIALTY SERVICES 45.00 445422 01/11/2024 CDW LLC 1,702.24 445423 01/11/2024 COLE AUTO SUPPLY INC 6,219.82 445424 01/11/2024 BETH NOLAN 78.00 445425 01/11/2024 RELX INC 443.46 445426 01/11/2024 ENVIRONMENTAL OPERATING SOLUTION INC 13,363.20 445427 01/11/2024 CORE & MAIN LP 22,653.30 445428 01/11/2024 WOERNER AGRIBUSINESS LLC 292.00 445429 01/11/2024 AMAZON CAPITAL SERVICES INC 1,035.95 445430 01/11/2024 PACE ANALYTICAL SERVICES LLC 16,702.58 445431 01/11/2024 JORDAN POWER EQUIPMENT CORP 609.32 445432 01/11/2024 OHD LLLP 1,135.00 445433 01/11/2024 DERECK R PRINCE 60.00 445434 01/11/2024 MULLINAX FORD OF VERO BEACH 12,814.94 445435 01/11/2024 JUDITH A BURLEY 302.50 445436 01/11/2024 SAFEWARE INC 69,000.00 445437 01/11/2024 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 245.00 445438 01/11/2024 FERGUSON US HOLDINGS INC 380.00 445439 01/11/2024 BLUE GOOSE CONSTRUCTION LLC 5,686.83 445440 01/11/2024 STAPLES INC 66.39 445441 01/11/2024 LOWES COMPANIES INC 3,048.92 445442 01/11/2024 SMI TRADING LLC 335.58 445443 01/11/2024 MILLENNIUM CREMATORY LLC 750.00 445444 01/11/2024 TOTAL GOLF CART LLC 294.49 445445 01/11/2024 ROBERT A HUDSON 175.00 445446 01/11/2024 THEODORE SEMI 220.00 445447 01/11/2024 QUADMED INC 5,714.80 48 TRANS NBR DATE VENDOR AMOUNT 445448 01/11/2024 JUNIPER LANDSCAPING OF FLORIDA LLC 3,649.00 445449 01/11/2024 SCALESGEAR.COM LLC 2,114.94 445450 01/11/2024 LAWRENCE F WALLIN 105.00 445451 01/11/2024 AMIHERST RESIDENTIAL LLC 1,000.00 445452 01/11/2024 HIREQUEST LLC 4,886.88 445453 01/11/2024 PETERBILT STORE SOUTH FLORIDA LLC 870.38 445454 01/11/2024 TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 445455 01/11/2024 CER SIGNATURE CLEANING LLC 2,000.00 445456 01/11/2024 CLEAN SPACE INC 2,167.00 445457 01/11/2024 AMERICAN BACKFLOW PRODUCTS COMPANY 45.55 445458 01/11/2024 GOMEZ BROTHERS CONTRACT SERVICES 1,584.00 445459 01/11/2024 SHRIEVE CHEMICAL CO LLC 8,522.65 445460 01/11/2024 CONSOLIDATED WATER GROUP LLC 62.51 445461 01/11/2024 SEVEN ISLES CAPITAL 784.00 445462 01/11/2024 RONALD MARASCO SR 335.00 445463 01/11/2024 JEFFERY HOGUES 350.00 445464 01/11/2024 KERNER LLC 13,035.00 445465 01/11/2024 TAYLOR NELSON AUXIER 255.00 445466 01/11/2024 ISO CLAIMS SERVICES INC 690.45 445467 01/11/2024 FLEETPRIDE INC 1,322.90 445468 01/11/2024 DONNA W ROBERTS 60.00 445469 01/11/2024 JORDAN PARKER 100.00 445470 01/11/2024 VETERINARY MEDICAL CENTER OF IRC INC 530.00 445471 01/11/2024 ARTHUR J GALLAGHER & CO 3,844.00 445472 01/11/2024 ARTHUR J MALTY 100.00 445473 01/11/2024 JOHN DIGIACOMO 125.00 445474 01/11/2024 LF STAFFING SERVICES INC 654.90 445475 01/11/2024 LF STAFFING SERVICES INC 1,303.20 445476 01/11/2024 CENTRAL FLORIDA EXPRESSWAY AUTHORITY 15.60 445477 01/11/2024 KATHERINE L NALL 36.00 445478 01/11/2024 C&S CHEMICALS INC 4,278.67 445479 01/11/2024 CYNTHIAABRUTOSKY 9.00 445480 01/11/2024 MARY L TOMARO 75.00 445481 01/11/2024 VECELLIO GROUP INC 1,124.96 445482 01/11/2024 IIA LIFTING SERVICES INC 4,759.80 445483 01/11/2024 STEWART & STEVENSON LLC 2,298.72 445484 01/11/2024 GANNETT MEDIA CORP 444.92 445485 01/11/2024 IVETTE QUILES CINTRON 1,800.00 445486 01/11/2024 CYNTHIA WOLD 100.00 Grand Total: 3,733,449.33 49 TRANS NBR 903142 903143 903144 903145 903146 Grand Total: RENTAL ASSISTANCE CHECKS WRITTEN DATE VENDOR 01/11/2024 PAMELA R CUMMINGS 01/11/2024 VERO BEACH LEASED HOUSING ASSOC III LLLP 01/11/2024 STREIT RIVER PARK PLACE LLC 01/11/2024 STARWOOD REIT OPERATING PARTNERSHIP LP 01/11/2024 XEROX CORPORATION AMOUNT 1,219.00 629.00 157.00 858.00 182.55 3,045.55 50 ELECTRONIC PAYMENT - VISA CARD TRANS NBR DATE VENDOR AMOUNT 1021256 01/05/2024 AMERICAN CONCRETE INDUSTRIES INC 1,180.00 1021257 01/05/2024 MIKES GARAGE & WRECKER SERVICE INC 373.00 1021258 01/05/2024 GALLS LLC 910.30 1021259 01/05/2024 IRRIGATION CONSULTANTS UNLIMITED INC 2,323.00 1021260 01/05/2024 GROVE WELDERS INC 4,955.70 1021261 01/05/2024 COMPLETE RESTAURANT EQUIPMENT LLC 125.00 1021262 01/05/2024 DLT SOLUTIONS LLC 1,418.20 1021263 01/05/2024 STRYKER SALES CORP 77,941.50 1021264 01/05/2024 AUTO PARTNERS LLC 263.47 1021265 01/05/2024 HYDRA SERVICE (S) INC 32,838.00 1021266 01/05/2024 UNIFIRST CORPORATION 1,278.73 1021267 01/05/2024 GUARDIAN ALARM OF FLORIDA LLC 630.51 1021268 01/05/2024 EFE INC 350.76 1021269 01/05/2024 CARLON INC 282.00 1021270 01/05/2024 AT&T CORP 5.29 1021271 01/05/2024 AT&T CORP 1,645.08 1021272 01/05/2024 OFFICE DEPOT INC 495.05 1021273 01/05/2024 COMCAST 342.60 1021274 01/05/2024 WASTE MANAGEMENT INC OF FLORIDA 14,435.33 1021275 01/11/2024 INDIAN RIVER OXYGEN INC 4,660.50 1021276 01/11/2024 GALLS LLC 806.76 1021277 01/11/2024 GROVE WELDERS INC 736.08 1021278 01/11/2024 SPINNAKER VERO INC 994.99 1021279 01/11/2024 AUTO PARTNERS LLC 4,284.95 1021280 01/11/2024 RADWELL INTERNATIONAL INC 198.85 1021281 01/11/2024 UNIFIRST CORPORATION 1,782.04 1021282 01/11/2024 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 1021283 01/11/2024 NEXAIR LLC 65.20 1021284 01/11/2024 EFE INC 3,465.02 Grand Total: 158,887.91 51 ELECTRONIC PAYMENTS - WIRES & ACH TRANS NBR DATE VENDOR AMOUNT 11190 01/05/2024 FL SDU 2,929.96 11191 01/05/2024 P&A ADMINISTRATIVE SERVICES INC 3,835.48 11192 01/05/2024 P&AADMITIISTRATIVE SERVICES INC 950.48 11193 01/05/2024 KIMLEY HORN & ASSOC INC 45,490.04 11194 01/05/2024 IRC FIRE FIGHTERS ASSOC 11,072.12 11195 01/05/2024 LINCOLN RETIREMENT 105,097.84 11196 01/05/2024 FLORIDA DEPT OF TRANSPORTATION 6,036.80 11197 01/08/2024 IRS -PAYROLL TAXES 677,388.54 11198 01/08/2024 P&AADMINISTRATIVE SERVICES INC 944.01 11199 01/08/2024 OPTUM[HEALTH FINANCIAL SERVICES 100,170.46 11200 01/09/2024 MUTUAL OF OMAHA 31,785.37 11201 01/09/2024 MUTUAL OF OMAHA 26,851.79 11202 01/09/2024 P&AADMINISTRATIVE SERVICES INC 437.11 11203 01/09/2024 P&A ADMINISTRATIVE SERVICES INC 304.79 11204 01/09/2024 P&A ADMINISTRATIVE SERVICES INC 561.28 11205 01/09/2024 P&A ADMINISTRATIVE SERVICES INC 168.40 11206 01/09/2024 P&AADMINISTRATIVE SERVICES INC 1,495.87 11207 01/09/2024 P&A ADMINISTRATIVE SERVICES INC 1,043.31 11208 01/09/2024 BENEFLEX INC 829.85 11209 01/10/2024 CLERK OF CIRCUIT COURT 450.00 11210 01/10/2024 IRS -PAYROLL TAXES 57.60 11211 01/10/2024 P&AADMINISTRATIVE SERVICES INC 1,573.05 11212 01/10/2024 P&A ADMINISTRATIVE SERVICES INC 4.29 11213 01/11/2024 CITY OF SEBASTIAN 34,437.50 11214 01/11/2024 TIMOTHY ROSE CONTRACTING INC 207,784.19 11215 01/11/2024 PUBLIC DEFENDER 4,594.29 11216 01/11/2024 HALLEY ENGINEERING CONTRACTORS INC 821,951.65 11217 01/11/2024 P&A ADMINISTRATIVE SERVICES INC 734.26 Grand Total: 2,088,980.33 52 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 271h Street Vero Beach, FL 32960 Telephone: (772) 226-3100 DATE: January 4, 2024 TO: Ryan L. Butler Clerk of the Circuit Court and Comptroller FROM: Edward Halsey, CPA, CGFO, CIA Internal Audit Director SUBJECT: Internal Audit Division Annual Report I respectfully present the fiscal year 2023 annual report of the Internal Audit Division which was created in the Clerk of the Circuit Court and Comptroller's (Clerk) office to carry out internal audit activities for the Clerk and the Board of County Commissioners (Board). The following are highlights of internal audit work completed through September 30, 2023: • Reviewed approximately 180 guardianship files at the Courthouse. • Sent tourist development tax letters of inquiry to owners resulting in 35 owners registering to pay the tax. • Performed three hotel tourist tax audits (one prior year) bringing in $15,517 in tourist tax collections. Desk audits of 28 residential/condo yielded $13,657 in tourist tax collections. • Conducted audits of the health insurance fund claims (including prescription claims) to ensure that the payments were on behalf of eligible participants. • Conducted surprise change fund and petty cash counts at all Board and Clerk locations. • Reviewed invoices for payments to the Board funded non -profits. • Reviewed invoices for payments pursuant to the CARES Act/the American Rescue Plan Act (ARPA). • Reviewed the quarterly investment reports and monthly investment statements prepared by the Finance Director. • Conducted a review of FPL's franchise fee remittances. • Completed onsite reviews of seven charity programs supported by the Board. • Performed an audit of the Dasie Bridgewater Hope Center Board supported charity for the fiscal year 2021/2022. • Performed onsite book audits of the Main, North County and Brackett Libraries. • Reviewed the Emergency Housing Voucher (EHV) client files. The EHV program is pursuant to the American Rescue Plan Act of 2021 and is treated administratively the same as Section 8. • Addressed the accuracy of the Fire Department payroll and met with the Fire Chiefs. • Reviewed fire rescue fleet operations invoicing and inventory control and reported the County Administrator. • Reviewed Shooting Range, Recreation and Parks revenue and reported to the County Administrator. • Reviewed Utilities Department account receivables and reported to the County Administrator. • Inquired with the Substance Awareness Center about the SAC — Alcohol Education Fund. • Made an onsite visit to the Shooting Range to address cash over and short accounts. • Performed an audit of the Utilities Department's SEMS program, which is a water and sewer utilities asset maintenance management system. • Assisted the Utilities Department Director in gathering materials about state and federal rules, regulations and reporting deadlines. • Performed monthly audits of MUNIS vendor changes. • Signed off on the Property Appraiser's Attestation Statement concerning controls over personal data of the Department of Highway Safety and Motor Vehicles. • Gathered materials about missing items and attractive items for the updated Asset and Inventory Policy. • Evaluate the profitability of the Clerk's Triedata (electronic certification) program. 53 • Completed an audit of PCI Compliance. • Monitored the Senior Resource Association's Meals on Wheels billings and supporting documentation. • Conducted risk assessments of grant subrecipients. • Conducted a search for fictitious vendors by matching vendor and employee addresses of both the Board and Clerk None found. • Sent letters of inquiry to local banks to determine if any unauthorized accounts were established in the name of the Clerk or the Board. None found. • Reviewed the Clerk monthly Title ND reimbursement submissions and other monthly/quarterly reports. • Reviewed the Clerk travel vouchers and spot checked the Board travel vouchers. • Spot checked the Emergency Services Fleet inventory. • Reviewed the Board's payroll changes for completeness on a random basis. • Reviewed the Clerk's payroll changes for completeness. • Reviewed annual reports and meeting agendas of Career Source. • Reviewed the Emergency Services fuel purchases. • Completed inventories of evidence items in the Clerk vaults. • Monitored indigent burial costs. • Monitored construction retainage account balances. • Assisted with the Statistical Section of the fiscal year 2021/2022 Annual Comprehensive Financial Report. • Reviewed the fiscal year 2021/2022 Annual Comprehensive Financial Report. • Scanned the Board's general ledger accounts across all funds to detect irregularities. None found. • Scanned the Clerk's general ledger accounts across all funds to detect irregularities. None found. • Reviewed the Board's purchasing card transactions. • Reviewed the Comptroller Division's internal control processes of the Board. • Reviewed third party vendors of the Clerk for going concern and performance. • Served as point person between Clerk and the consultant for the Clerk's cybersecurity assessment and penetration testing. • Developed an audit plan for the Board. As part of the routine Comptroller Division responsibilities, the internal audit activities performed include: • Monitored leases for compliance and to make sure payments are made (lessee) and payments are received (lessor). • Monitored grants for compliance and to make sure reimbursements are received. • Reviewed invoices to make sure discounts are taken. • Completed annual audits of the capital assets of each Board department; Clerk; Property Appraiser; Tax Collector; Supervisor of Elections; SRA; and Health Department Trainin¢/Certification: • Received training on internal audit provided by the Florida Court Clerks and Comptrollers. • Reviewed the financial reports of the Treasure Coast Chapter of the Florida Government Finance Officers Association covering from July 1, 2019 to June 30, 2022. 54 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 11, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Award of Bid 2024024 for Upper Floridian Aquifer South Well No. 1 Replacement BACKGROUND: On August 15, 2023, the Board rejected responses received for Bid 202303, and authorized staff to rebid, due to prices significantly higher than the engineer's opinion of probable construction cost ("OPCC"). The higher prices were suspected to be driven by a compressed project timeline to avoid conflict with Scrub Jay mating season (March through June), and overall saturation of ongoing construction work leading to limited availability. A new invitation to bid, number 2024024, was issued for the construction of a new well to a depth of approximately 835 feet below surface, and an additive alternate option to complete exploratory borehole drilling and testing to 1,500 feet below surface. BID RESULTS: Advertising Date: Bid Opening Date: DemandStar Broadcast to: Bid Documents Requested by: Replies: November 12, 2023 December 13, 2023 986 Subscribers 15 Firms 3 Firms Bidder Location Base Bid Alternate Layne Christensen Company* Fort Myers $1,769,788.89 $613,075.00 Florida Design Drilling, Inc. West Palm Beach $1,931,250.00 $510,875.00 A.C. Schultes of FL, Inc. Gibsonton $2,015,375.00 $613,075.00 *Bid non-responsive for submitting bid security for a different municipality and project (DQ) DISCUSSION: The Department's design consultant, Kimley-Horn and Associates, Inc. ("KHA"), reviewed the bids, and has recommended award of the base bid (excluding the alternate) to Florida Design Drilling, Inc., as the lowest, responsive, responsible bidder. The engineer's OPCC for the base bid, including contingency was $1,411,375. The previous lowest, responsive, responsible bid for the rejected bid 2023030 was $1,798,720, submitted by Layne Christensen, and price for the alternate $524,948. As noted in the table above, Layne Christensen was disqualified due to them submitting a bid bond for the wrong project and a different municipality. Staff concurs with KHA's recommendation of award to Florida Design Drilling, Inc., and to omit the alternate work from the project, as it is not cost effective, funds for the alternate are not available, and time to request and execute a budget amendment could delay the project. Florida Design Drilling, Inc. has completed several well investigation, maintenance, and rehabilitation projects for the County in the past few years, and was noted by KHA as having recent experience in the successful construction of Floridan aquifer well projects in Martin and Palm Beach Counties. FUNDING: Upon approval of the CIE, funding, in the amount of $1,931,250, will come from the Utilities/Work In Progress/South WTP Well S1 account, number 471-169000-22503. Operating funds are derived from water and sewer sales. Account Description GL Amount Utilities/ Work in Progress/ South WTP Well S1 471-169000-22503 $1,931,250.00 RECOMMENDATION: Staff recommends the Board award bid 2024024 to Florida Design Drilling, Inc., approve the sample agreement, and authorize the Chairman to execute it after review and approval of the agreement and required Public Construction Bond as to form and legal sufficiency by the Assistant County Attorney. ATTACHMENT: Sample Agreement W 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 Florida Design Drilling, 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 one (1) Upper Floridan Aquifer (UFA) production well S-11? for Indian River County Utilities Department (OWNER). The well site location is shown on the attached well location map drawing. The scope of work will include well construction permitting, drill site preparation, drilling, setting of steel and PVC casings, grouting, flow testing, wellhead assembly, acidizing (if necessary), well logging, pump testing, formation water disposal system (including temporary piping and pumps), well facility disinfection and restoration of well site, as described in the Invitation to Bid, and shown on the drawings. 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: Upper Floridan Aquifer South Well No. 1 Replacement (S1 R) - Rebid Bid Number: 2024024 Project Address: 1550 9th Street SW, Vero Beach, FL 32962 ARTICLE 3 - ENGINEER 3.01 Kimley-Horn and Associates 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. 57 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 300th 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 330th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,148.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,148.00 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: $1,931,250 Written Amount: one -million, nine -hundred thirty-one thousand, two hundred fifty 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. 58 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 and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 6.03 Pay Requests. 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. 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. 6.04 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. 59 A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto 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 4 60 Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, 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); 61 11. Technical Specifications and Attachments Provided with Invitation to Bid, prepared by Kimley-Horn and Associates 13. Addendum 1; 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written 0 62 consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a 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 7 63 electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(&-indianriver.gov Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 8 64 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: K. Keith Jackman, Assistant County Attorney 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 9 CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 65 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 18, 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: Second Extension to Agreement for Custodial Services for County Administration Complex (Bid 2022022) BACKGROUND: On February 28, 2022, the Board awarded Bid 2022022 for Custodial Services for County Administration Complex to ACP Facility Services, Inc. The term of the award was one year, with two additional one-year renewals available. The first extension was approved by the Board on January 17, 2023. The County is satisfied with the services provided by ACP Facility Services and would like to execute the second extension at current rates, which will extend the term of the agreement through February 27, 2025. FUNDING: There is no change in the bid pricing. Funding for the custodial services is available in the General Fund/ Facilities Management/Janitorial Services account, 00122019-033410. GL Account Amount Spent Last FY Monthly Rate Amount Budgeted Current FY 00122019-033410 $140,842.92 $11,736.91 $140,842.92 RECOMMENDATION: Staff recommends the Board approve the Second Extension, and authorize the Chairman to sign it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENT: Second Extension to Agreement 66 SECOND EXTENSION TO AGREEMENT FOR ANNUAL CUSTODIAL SERVICES FOR COUNTY ADMINISTRATION COMPLEX This Second Extension to that certain Agreement to provide Annual Custodial Services for County Administration Complex is entered into effective as of February 28, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and ACP Facility Services, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Custodial Services for County Administration Complex effective February 28, 2022; and WHEREAS, the first term commenced effective as of February 28, 2022 and ended on February 27, 2023; and WHEREAS, the first extension commenced effective February 28, 2023 and will end on February 27, 2024; and WHEREAS, Paragraph 4 of the Agreement contains the term and renewal provisions; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The second renewal term shall commence effective February 28, 2024 and shall end on February 27, 2025. This is the final extension available on this Agreement. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. GA IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. ACP Facility Services, Inc. INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Printed name: Title: (Corporate Seal) Date: Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: Keith Jackman Assistant County Attorney 68 Exhibit 2 — Contractor's Bid Pricing Facility Monthly Amount Annual Amount County Administration Buildings A & B $9,412.77 $112,953.27 Health Department $2,324.14 $27,889.70 Total Amount $11,736.91 $140,842.97 Facility Per square foot rate County Administration Buildings A & B $0.70 Health Department $0.70 15 69 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 27, 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 2024014 for Jones' Pier Conservation Area Design & Fabrication of Interpretive Center Exhibits and Authorization to Negotiate BACKGROUND: On behalf of the Parks, Recreation and Conservation Department, a Request for Proposals ("RFP") was issued seeking qualified firms to provide design and fabrication services for environmental exhibits planned for the Interpretive Center at the Jones' Pier Conservation Area. One firm, Ritacco & Chan Architecture, LLC submitted a proposal. DISCUSSION: A selection committee comprised of Wendy Swindell, Conservation Lands Manager, Beth Powell, Parks, Recreation and Conservation Director and Ashley Lingwood, Conservation Lands Program Coordinator, independently reviewed and verified the firm is both responsive and responsible. The committee then met with Ritacco & Chan to discuss designs and exhibit specifications. After the discussion, the committee declared its intent to move forward with the sole proposing firm. Staff is prepared to begin negotiations with Ritacco & Chan and bring the final agreement to the Board at a future meeting. FUNDING: Funding for work performed under the agreement will come from the Land Acquisition Series 2004 Referendum Fund/ Land Acquisition/ Construction in Progress/ Jones Pier Improvements account, number 14514639-066510-18010. RECOMMENDATION: Staff recommends the Board award the RFP to Ritacco & Chan Architecture, LLC, and authorize negotiations with the firm. 70 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 27, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Office of Management and Budget Director Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: First Extension to Agreement for North County and West Wabasso Water and Sewer Customer Side Connections (RFP 2023007) BACKGROUND: On December 20, 2022, the Board of County Commissioners awarded RFP 2023007 for North County Water and Sewer System Phase 2 Customer Side Connections to Meeks Plumbing, Inc. ("Meeks"). On January 31, 2023 the Board authorized the inclusion of 31 private sewer connections in the West Wabasso area into the agreement with Meeks. On October 9, 2023 the Board approved an amendment to the agreement with Meeks, which included new unit pricing. The original award was for one year, with three one-year renewals available. The current term will expire on January 30, 2024. FUNDING There is no additional funding required for this item. RECOMMENDATION Staff recommends the Board of County Commissioners approve the First Extension, and authorize the Chairman to execute it, after approval by the County attorney as to form and legal sufficiency, and after receipt and approval of required insurance by Risk Management. ATTACHMENTS North County Water & Sewer Phase 2 Connections — First Extension 71 FIRST EXTENSION TO AGREEMENT FOR NORTH COUNTY AND WEST WABASSO WATER AND SEWER CUSTOMER SIDE CONNECTIONS This First Extension to that certain Agreement to provide North County and West Wabasso Water and Sewer Customer Side Connections is entered into effective as of January 31, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and Meeks Plumbing, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for North County and West Wabasso Water and Sewer Customer Side Connections effective January 31, 2023; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of January 31, 2023 and shall end on January 30, 2024; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective January 31, 2024 and shall end on January 30, 2025. There are two additional one-year extensions available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 72 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. Meeks Plumbing, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: K. Keith Jackman Assistant County Attorney 73 eX, Consent Agenda INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: January 3, 2024 SUBJECT: 2024/2025 BUDGET WORKSHOP / HEARING SCHEDULE THROUGH: John A. Titkanich, Jr., County Administrator FROM: Kristin Daniels Director, Office of Management & Budget Description Presented below are selected dates for the 2024/2025 budget workshop and the tentative and final budget hearings. Budget Workshops: Budget Packet distributed to the Board of Commissioners Friday, July 5, 2024 Scheduled Budget Workshop Budget Hearings: Public Hearing on Tentative budget and proposed millage rates Final Budget Hearing to adopt budget and millage rates Wednesday, July 10, 2024 Thursday, July 11, 2024 (as needed) Wednesday, Sept. 11, 2024 at 5:01 p.m. Wednesday, Sept. 18, 2024 at 5:01 p.m. Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget hearings, we may need to change these dates to ensure that there is not a conflict. Recommendation Staff recommends that the Board of County Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2024/2025 budgets. 74 Consent Agenda INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: January 3, 2024 SUBJECT: 2024/2025 BUDGET WORKSHOP / HEARING SCHEDULE THROUGH: John A. Titkanich, Jr., County Administrator FROM: Kristin Daniels Director, Office of Management & Budget Description Presented below are selected dates for the 2024/2025 budget workshop and the tentative and final budget hearings. Budget Workshops: Budget Packet distributed to the Board of Commissioners Scheduled Budget Workshop Budget Hearings: Public Hearing on Tentative budget and proposed millage rates Final Budget Hearing to adopt budget and millage rates Friday, July 5, 2024 Wednesday, July 10, 2024 Thursday, July 11, 2024 (as needed) Wednesday, Sept. 11, 2024 at 5:01 P.M. Wednesday, Sept. 18, 2024 at 5:01 P.M. Note: The tentative and final budget hearing dates are preliminary in nature. Once the Indian River County School District sets the dates for their budget hearings, we may need to change these dates to ensure that there is not a conflict. Recommendation Staff recommends that the Board of County Commissioners approve the budget workshop dates and the dates for the budget hearings for the 2024/2025 budgets. SeElr INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 2, 2024 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 2024025 for an Urban Service Boundary Study BACKGROUND: On behalf of the Planning and Development Services Department, a Request for Proposals ("RFP") was issued to evaluate and analyze the Urban Service Boundary (USB) and determine whether any adjustments need to be made. The awarded Consultant will prepare and deliver and Urban Service Boundary Report that addresses objectives such as: obtaining an inventory of existing residential units outside the USB, identifying areas for expanding the USB and identifying areas for preserving agricultural/conservation/natural lands. This study will provide recommendations that can be incorporated into the County's Comprehensive Plan at a later stage. DISCUSSION: A selection committee comprised of Andrew Sobczak, Planning and Development Services Director, Patrick Murphy, Senior Planner and Sean Lieske, Utilities Director/Interim Public Works Director independently reviewed and scored the received proposals. The committee then met to compile an initial ranking of firms. After discussions, the committee determined no interviews were necessary, and declared the ranking final. Firm Total Proposed Cost 1. Inspire Placemaking Collective, Inc. $128,010 2. Kimley-Horn and Associates, Inc. $147,000 3. The Corradino Group, Inc. $185,100 FUNDING: On September 26, 2023 the Board of County Commissioners approved funding for this study to be provided by a budget amendment from MSTU/Cash Forward to MSTU Fund/ County Planning/ Other Professional Services account, number 00420515-033190. 75 Account NumberAccount Description Total Cost MSTU Fund/ County planning/ Other Professional 00420515-033190 $128,010 Services RECOMMENDATION: Staff recommends the Board approve the final ranking of firms, award the RFP to Inspire Placemaking Collective, Inc., and after the receipt and approval of the required insurance by the Risk Manager, approve the agreement, and authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency. FAN ffir..hiT9-kTii Agreement 76 Consulting Agreement THIS AGREEMENT, entered into this day of 2024, 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: The COUNTY selected CONSULTANT to perform and provide a Department of Utility Services Comprehensive Rate Study ("Services"), based on a proposal submitted in response to Request for Proposals 2024025. The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional consulting services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth in this Agreement. The CONSULTANT shall provide the COUNTY with consulting services and such other related services as defined in the scope of work, provided as Exhibit 1. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. COUNTY OBLIGATIONS The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available documents in the possession of the COUNTY pertinent to the Services. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUNTY. The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 2. RESPONSIBILITIES OF THE CONSULTANT The CONSULTANT agrees to perform all necessary Services in connection with the work set forth in Exhibit 1. The CONSULTANT agrees to complete the work within the time frame specified. The CONSULTANT will maintain an adequate staff of qualified personnel. 77 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request, and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. All documents, reports, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are, and shall remain, the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, and upon final payment, all of the above data shall be delivered to the County Project Manager. The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e- verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 3. TERM; DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of three years, after the date of execution thereof, or upon completion of all project phases as defined by the COUNTY, whichever occurs earlier, unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination". The agreement may be renewed for two one-year periods, upon mutual consent of the parties. 4. COMPENSATION The COUNTY shall pay to the CONSULTANT a mutually agreed upon maximum amount not -to -exceed professional fee for each completed task, on a deliverable basis, all as set forth in Exhibit 1. Invoices shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 2 78 No additional payment will be due to the CONSULTANT for administrative copies, printing, per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel. The COUNTY may at any time notify the CONSULTANT of requested changes to the Services, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amendment to this agreement. Should this amendment result in the reduction in services, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 5. ADDITIONAL WORK If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a written amendment to this Agreement. 6. OWNERSHIP AND REUSE OF DOCUMENTS Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse by others. 7. INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. 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. 3 79 Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. D. Professional Liability $1,000,000 per claim, $2,000,000 aggregate combined single limit. CONSULTANT's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured, with the exception of the Professional Liability, shall be occurrence forms, not claims made policies. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. The CONSULTANT shall ensure any subconsultants to maintain the insurance as detailed herein. The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract. Pursuant to Section 558.0035 Florida Statutes, the Consultant's Corporation is the responsible part for the professional services it agrees to provide under this agreement. No individual professional employee, director, officer, or principal shall be individually liable for negligence arising out of this contract. 8. TERMINATION This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized. Such payment shall be determined on the basis of the percentage of work complete, as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 4 80 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. In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents first prepared by the CONSULTANT for the COUNTY in connection with this Agreement. The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 9. MISCELLANEOUS PROVISIONS Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 5 81 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to referto the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10. Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records required by the County to perform the service. M 82 (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to 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@indianriver.gov Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 7 83 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. OWNER: INDIAN RIVER COUNTY CONSULTANT: By: By: Susan Adams, Chairman (CONSULTANT) By: (CORPORATE SEAL) John A. Titkanich, Jr., County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (If CONSULTANT is a corporation or a partnership, attach evidence of authority to sign.) By: K. Keith Jackman, Assistant County Attorney Designated Representative: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Chris Balter Long Range Planning Chief 180127 th Street, Vero Beach, FL 32960 772-226-1250 cbalter@indianriver.gov 84 Exhibit 1— Scope of Services and Not to Exceed Fee E'"R 07 1 Cost Proposal Our professional fee for the above-described services shall be a lump sum of $128,010 for Tasks 1 through 5, as outlined below per Task. Direct expenses (e.g., travel, printing, etc.) are included. Additional services requested by the County will be billed hourly based on the rate schedule below. Task I. Project Initiation Task 2. Existing Conditions & Peer Review Task 3. Public Engagement Task 4. Report Production & Recommendations Task S. BOCC Presentation/Final Report TOTAL COSTS $28,560 ; $43,775 $29,185 $14,890 $11,600 $128,010 Classification Hourly Rates Principal $200-$350 Project Manager $165-$225 Senior Planner $145-$210 Senior Graphic Designer $135-$185 Planner $100-$165 Indian River County, FL Exhibit 2 — Proposed Schedule 87 [C • U � (0 7 u1 a N c m 3 3 > o N N 0) 0 _ d U a c c p u a p c IDL a m •D u « a u m a � A A L O c O do c m N ° c � o m m c d m u N c -Y u° c Y 0 w i u ° v o a v c a rn ui fV N U � (0 7 u1 a N c m 3 3 > o N N 0) 0 _ d U a c c p u a p c eams INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 3, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024026 for Tracking Station Beach Park Dune Crossover BACKGROUND: On behalf of the Parks, Recreation and Conservation Department, sealed bids were solicited for the demolition and reconstruction of three dune crossovers at Tracking Station Beachfront Park, located at 800 46th Place. The damage to the crossovers was incurred during Hurricane Ian and Hurricane Nicole. Alternate per unit bid prices were solicited in the event there were additional replacements necessary on the Southern crossover, as this portion of the boardwalk was covered during initial inspection. ANALYSIS• Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by: Replies: December 1, 2023 December 27, 2023 791 Subscribers 3o Firms 3 Firms Contractor Location Total Bid Total Combined Alternates Total Island Harbor Custom Sebastian $181,000 $16,320 $197,320 Builders Southeastern Marine Group, Vero Beach $184310 $97,490 $281,800 Inc. So Cal Shaker Plates & Lake Elsinore, $288,820 $135,040 $423,86o Construction Site Services, CA LLC The bid submitted by So Cal Shaker Plates was disqualified for failure to provide a properly executed Disclosure of Relationships form. The remaining responsive bids were reviewed and the Department has determined Island Harbor Custom Builders, to be the lowest, responsive, responsible bidder, and has recommended award to them. 1-M Changes to dune conditions since original designs were completed in the fall of 2023 may require both additional design costs, and changes to material quantities for the north and middle dune crossovers. Additionally, the bid documents anticipated a notice to proceed on February 1, 2024, however, permits are not expected to be approved prior to the beginning of sea turtle nesting season, which runs from March 1, 2024 through October 31, 2024, and during which no construction may take place. The delay in the commencement of construction could lead to a potential increase in material costs. In order to ensure successful reconstruction of at least the southern, most -highly utilized boardwalk, staff suggests the Board authorize the Administrator to exclude one or both of the northern crossings from the current project, if necessary, after coordination with the contractor, Federal Emergency Management Agency (FEMA), and the Florida Department of Environmental Protection (FDEP). Staff anticipates the contractor will be able to complete the demolition portion of the southern crossing prior to, or during the early, less - active, turtle nesting period, and construction of the new southern crossing to commence November 1, 2024. If conditions and prices are stable through turtle nesting season, and the two northern crossings can be constructed as bid, staff would plan to move forward with them beginning November 1, 2024, as well. Base bid pricing submitted by Island Harbor Custom Builders was: Item Description Total 1a Mobilization and Demobilization $10,000 2 North Dune Crossover — Construction $55,600 3 Middle Dune Crossover — Construction $61,000 4a Segment of South Dune Crossover — Demolition $8,000 4b Segment of South Dune Crossover — Construction $26,400 5 Site Restoration $20,000 Total Bid $18i,000 Alternate Bid Items Unit Unit Quantity Toltal Remove, Dispose, Provide and Install Existing $15 LF 480 $x,200 Deck Boards with New 2"x6" Deck Board Remove, Dispose Provide and Install Existing $28 LF 210 $5,880 Stringer Boards with New 2"x10" Stringer Boards Remove, Dispose Provide and Install Existing $35 LF 24 $840 Pile Cap Boards with New 2"x12" Pile Cap Boards Replace Existing 20400t long 6 -inch Square Pile with New 6 -inch Square Pile including disposal $600 EA 4 $2,400 (Removal and Installation already paid under Items 4a and 4b, above) *'Sum of Alternates $16,320 * indicates mathematical errors made on the bid form in summary of total sum 90 FUNDING: Funding will be provided by a budget amendment from MSTU Fund/Cash Forward and expensed to MSTU Fund/Beach Parks/Other Contractual Services/Hurricane Nicole account, number 00411672-033490-23007 in the amount of $153,909.6o, and the MSTU Fund/Beach Parks/Other Contractual Services/Hurricane Ian account, number 0411672- 033490-226o1 for $43410.40, for a combined total of $197,320.00. MSTU Fund/Beach Parks/Other Contractual Services/Hurricane Nicole 00411672-033490-230071 $153,909.6o MSTU Fund/Beach Parks/Other Contractual Services/Hurricane Ian account I 00411672-033490-226o1 $43,410.40 Total 1 $197,320.00 RECOMMENDATION: Staff recommends the Board award Bid 2024026 to Island Harbor Custom Builders, approve the agreement, and authorize the Chairman to sign the agreement after receipt and approval of the agreement and the required public construction bond by the County Attorney as to form and legal sufficiency, after the Contractor has reactivated its status with the Building Division, and after receipt and approval of the required insurance by the Risk Manager. Staff also recommends the Board authorize the County Administrator to decrease the scope of work, as may be required, to prioritize completion of the southern crossing. So long as there are no changes in the dollar amount under the agreement, upon adequate completion of the work set forth in the agreement, staff is directed to make final payment and release any retainage to Island Harbor Custom Builders, after review and approval by the Purchasing Manager and the County Attorney's Office. ATTACHMENT Agreement 91 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 Island Harbor Custom Builders (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1- WORK CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Repairs to three dune crossovers at Tracking Station Beachfront Park, damaged during Hurricanes Ian and Nicole. ARTICLE 2 - THE PROJECT The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: Tracking Station Beachfront Park Dune Crossover Bid Number: 2024026 Project Address: 800 46`h PL, Vero Beach, FL 32963 ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence All time limits for Milestones, if any, Substantial Completion, and completion and readiness forfinal payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment Contract Times for boardwalk construction will commence November 1, 2024. Demolition of the southern crossing, and receipt of permits must be completed prior to this date. The CONTRACTOR shall achieve Substantial Completion on or before the 45`h day after the date the contract times commence to run. The Work will be completed and ready for final payment on or before the 75th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated 92 damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $566 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: $ 197,320 Written Amount: One hundred ninetv-seven thousand. three hundred twentv dollars and no cents ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until substantial completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 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. 5.02 Pay Requests. 93 A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the 94 means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. CONTRACTOR is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining 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. K. CONTRACTOR will comply with all the requirements as imposed by the Americans with Disabilities Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. L. CONTRACTOR is, and will remain during the term of this agreement, actively registered in SAM.gov. ARTICLE 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2024026; 95 (6) Technical Specifications (pages TP -1 through TP -12, inclusive) and Plans (Sheets 1 through 7 of 7), prepared by Coastal Waterways; (7) Addenda (numbers 1 to 1, inclusive); (8) CONTRACTOR'S Bid Form; (9) Bid Bond; (10)Qualifications Questionnaire; (11) Drug Free Workplace Form; (12) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (13) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (14) Certification Regarding Lobbying; (15) Application(s) for Payment (16) Certification of Substantial Completion (17) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 96 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 97 B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 9.07 Insurance A. CONTRACTOR shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the owner, nor shall the contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the Contractor's insurance. B. The Contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Contractor shall provide adequate coverage for the protection of such employees. C. The Contractor shall procure and maintain broad form commercial general liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The owner shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General (I Commercial General (Public) Liability, A. Premises / Operations # other than Automobile B. Independent Contractors i I C. Products / Completed Operations $1,000,000.00 Combined single limit D. Personal Injury ! E. Contractual Liability for Bodily Injury and Property Damage F. Explosion, Collapse, and Underground Property Damage Automobile A. Owner Leased Automobiles B. Non -Owned Automobiles $1,000,000.00 Combined single limit C. Hired Automobiles Bodily Injury and Damage Liability D. Owned Automobiles D. The Contractor shall furnish the owner a certificate of insurance in a form acceptable to the owner for the insurance required. Such certificate or an endorsement provided by the contractor must state that the owner will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming owner as Additional Insured must accompany the Certificate of Insurance. ARTICLE 10 — FEDERAL CLAUSES 10.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: M., (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: 99 Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. B. Compliance with the Contract Work Hours and Safety Standards Act: (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. C. Clean Air Act and Federal Water Pollution Control Act: (1) Clean Air Act. (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. 100 (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. (2) Federal Water Pollution Control Act (a) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (b) The contractor agrees to report each violation to the OWNER and understands and agrees that the OWNER will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (c) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. D. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. E. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. F. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. 101 (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. G. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other 102 source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. H. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. I. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. J. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The contractor shall include this provision in any subcontracts. K. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply 103 will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. L. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. M. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. N. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Article 11: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; 104 (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 105 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on January 23, 2023 (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: K. Keith Jackman, Assistant County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Joe Tilton, CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 106 Exhibit 1 to the Agreement — Pricing 107 Project Name Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number 2024026 Tracking Station Dune Crossqver FEDERAL Bid Form 2024026 December 27, 2023 2:00 P.M. Purchasing Division 1800 2711 Street Vero Beach, FL 32960 Date 1�-ar-aaa3 In errnrrinnra with nil tar— . r 4 r Item Description . ...... w, �a Unit Price ­l.l­ Unit UIICIJ IIIC Quantity IUIIUWIII�'j Total la Mobilization and Demobilization $ LS 2 North Dune Crossover—Construction $ LS 1 $S (p 0 D 3 Middle Dune Crossover—Construction $ LS 1 $ �� 0 D d 4a Segment of South Dune Crossover —Demolition $ LS 1 j $Y. 4b Segment of South Dune Crossover—Construction $ LS 1 $��/ yD0 5 Site Restoration $ LS 1 $�i d :: D Total Bid Price $ l8 Q 0 108 t 2024026 Tracking Station Dune Crossover FEDERAL Alternate Bid items Unit Price Unit Quantity Total Price Remove, Dispose, Provide and Install Existing Deck Boards with New 2"x6" Deck Board $ / :S LF 480 $ 7 zoo TT Remove, Dispose Provide and Install Existing Stringer Boards with New 2"x10" Stringer Boards $ gy LF 210 $ �� D Remove, Dispose Provide and Install Existing Pile Capu Boards with New 2"x12" Pile Cap Boards $ 35- LF 24 $ 1 Replace Existing 20 -foot long 6 -inch Square Pile with New 6 -inch Square Pile including disposal (Removal / O $ EA Aito ! and Installation already paid under Items 4a and 4b, (0 4 $ 6 above) C i Sum of Alternates $ a 3[%,6 d .n Er Owner may elect to award all alternate bid items, some of the alternate bid items, or no alternate bid item: sh $1 Attach the following documents to this bid form: (Proposed Schedule X W-9 Specimen Insurance Certificate The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, 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. Company Name: island 40tba %t, +uvx bualders Company Address: 7?6 O us 4" 1 , sw t -e .Z City, State Jtibay iaY1 F L Zip Code Telephone: 7101- 6(( $- tI(aI Fax: �J E-mail: ni. niIYI tv iW cons+• Cory, Business Tax Receipt Number: FEIN Number: g�'aasjg�s� Authorized Signature: — Date: Name: 13Y 1 Ax\ N L4- (Type / Printed) Title:y �%ii Page 14 of 58 lathematical .or. Total )uld be 6,320.00 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 3, 2024 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 2024021 for an Impact Fee Study Update (Non -Utility) BACKGROUND: On behalf of the Planning and Development Services Department, a Request for Proposals ("RFP") was issued to update rates of impact fees to account for changes to demand variables, credit characteristics, and land/construction costs. The awarded Consultant will prepare and deliver and Updated Impact Fee Study Report (Non -Utility) that addresses objectives such as; reviewing the Indian River County MPO 2024 Cost Feasible Plan to identify improvements, updating recent historic and projected capital improvement funding sources, and review current procedures and determining the annual costs for administering the impact fee program. DISCUSSION: A selection committee comprised of Chris Balter, Long Range Planning Chief, Cindy Thurman, Senior Planner, and Chris Mora, Interim County Engineer independently reviewed the submittal and met to discuss the received proposal. During discussions, the committee determined the proposal to be acceptable and the proposer qualified to complete the work. Firm Total Costs 1. Alfred Benesch & Company $218,490 Fi wnwr• Funding, in the amount of $218,490, for this study is budgeted and available in the County Impact Fees/Planning and Development-Admin/Other Professional Services account, number 10320415- 033190. Account Number Account Description Total Cost County Impact Fees/Planning and Development-Admin/Other 10320415-033190 $218,490 Professional Services 110 RECOMMENDATION: Staff recommends the Board award the RFP to Alfred Benesch & Company, approve the agreement, and authorize the Chairman to execute it, after review and approval by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required insurance by the Risk Manager. ATTACHMENT Agreement 111 Consulting Agreement THIS AGREEMENT, entered into this day of 2024, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "COUNTY", and Alfred Benesch & Company hereinafter referred to as the "CONSULTANT'. BACKGROUND RECITALS: The COUNTY selected CONSULTANT to perform and provide an Impact Fee Study Update ("Services"), based on a proposal submitted in response to Request for Proposals 2024021. The COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional consulting services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth in this Agreement. The CONSULTANT shall provide the COUNTY with consulting services and such other related services as defined in the scope of work, provided as Exhibit 1. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. COUNTY OBLIGATIONS The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available documents in the possession of the COUNTY pertinent to the Services. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUNTY. The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 2. RESPONSIBILITIES OF THE CONSULTANT The CONSULTANT agrees to perform all necessary Services in connection with the work set forth in Exhibit 1. The CONSULTANT agrees to complete the work within the time frame specified. The CONSULTANT will maintain an adequate staff of qualified personnel. 112 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. The CONSULTANT shall report the status of the Services under this Agreement to the County Project Manager upon request, and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. All documents, reports, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are, and shall remain, the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, and upon final payment, all of the above data shall be delivered to the County Project Manager. The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e- verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 3. TERM; DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of three years, after the date of execution thereof, or upon completion of all project phases as defined by the COUNTY, whichever occurs earlier, unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 8 "Termination". The agreement may be renewed for two one-year periods, upon mutual consent of the parties. 4. COMPENSATION The COUNTY shall pay to the CONSULTANT a mutually agreed upon maximum amount not -to -exceed professional fee for each completed task, on a deliverable basis, all as set forth in Exhibit 1. Invoices shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 2 113 No additional payment will be due to the CONSULTANT for administrative copies, printing, per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel. The COUNTY may at any time notify the CONSULTANT of requested changes to the Services, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amendment to this agreement. Should this amendment result in the reduction in services, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 5. ADDITIONAL WORK If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a written amendment to this Agreement. 6. OWNERSHIP AND REUSE OF DOCUMENTS Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse by others. 7. INSURANCE AND INDEMNIFICATION During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. 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. 3 114 Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $100,000 each accident, $500,000 disease policy limit, and $100,000 disease each employee. B. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be included as 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 $1,000,000 per occurrence, $2,000,000 aggregate combined single limit. CONSULTANT's insurance coverage shall be primary. All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be occurrence forms, not claims made policies. The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. The CONSULTANT shall ensure any subconsultants to maintain the insurance as detailed herein. The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract. 8. TERMINATION This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (30) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized. Such payment shall be determined on the basis of the percentage of work complete, as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 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. 4 115 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents first prepared by the CONSULTANT for the COUNTY in connection with this Agreement. The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 9. MISCELLANEOUS PROVISIONS Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or 5 116 in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10. Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records required by the County to perform the service. If the Consultant 3 117 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@indianriver.gov 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. 7 118 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. OWNER: CONSULTANT: INDIAN RIVER COUNTY f By: By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (CONSULTANT) (CORPORATE SEAL) Attest (If CONSULTANT is a corporation or a partnership, attach evidence of authority to sign.) By: K. Keith Jackman, Assistant County Attorney Designated Representative: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Chris Balter Long Range Planning Chief 180127 1h Street, Vero Beach, FL 32960 772-226-1250 cbalter@indianriver.gov 119 Exhibit 1— Scope of Services and Not to Exceed Fee 120 TAB GI COST PROPOSAL INDIAN RIVER COUNTY IMPACT FEE STUDY UPDATE - COST PROPOSAL The professional fees to develop the transportation impact fee technical study for Indian River County are estimated at $218,490. This is a lump sum budget that includes all labor, travel, printing and other costs. The County will be invoiced monthly for the portion of the work completed. Only the meetings that take place will be invoiced. For any additional services, Benesch will prepare a quote using the hourly rates indicated in the table below for the County's review and approval. Task # ManagerProject Per Task Manager Wanner ';IS Tech $295.00 $160.00 tt,, ,..� b.w .�_. r•.:, ..�+his. _.F .ti. �.,+� ,... ,: .ut'_^r .. ..- n.: s�tr ...- 2 �'a � ... R.... :. �., .r,..... ,. w.a .. - s. ��?:+ Send Data Request Memorandum 2.0 3.0 1.0 .6.0 $1,127 F Review Background Materials & Data 6.0 8.0 4.0 18.0 $3,450' Received r 213 Inventory/LOS 8.0 22.0 25.0 3.0 1.0. 56.0 $8,592 Cost Component 12.0 36.0 24.0 4.0 - -- - 76.0 $12,140 Credit Component 11.0 34.0 22.0 3.0 70.0 $11,220 Demand Component 9.0 32.0 23.0 _ 64.0 $10,145 r UPDATE IMPACT FEE - EDUCATIONAL 36.0 i Inventory/LOS 47.0 29.0 1.0 8.0" - $31,792 FACILITIES IMPACT FEE { I Cost Component Credit Component 6 0 _- 4.0 11 7.0 5.0 6.0 6.0 f Inventory 6.0k 8.0, XO 1.0. 1.0 23.0 $3,947 Cost Component 10.0 22.0 15.0 $.0 50.0 $8,295 Credit Component Component ` 9.0 _ 11.0 ! ;;Jill 23.0 32.0 14.0 11.0 25.0 46.0Deman 79.0 X7,760 -- 1;11790 ATE PARKS IMPACT __ 2C UP[ FEE /r.v v.v 3y.v s.0 W W1.10 $18,347 I Inventory/LOS Cost Component p 1 6.0110 10.0 J. 14.0 8.0' 18:0 3.0 { 10 26:0 45.0 _24 54,427 $7,385 Credit Component I ----- --- -� - I 8,0 8.0 - I 7.0 -- 9.0 - -r I -- - -- - .0 24. $4,435 Demand Component I 3.0 I 5.0 4.0 . ` 12.0 $2,100 UPDATE LIBRARY IMPACT FEE - i Inventory/LOS 5.0 6.0 7.0 1.0 19.0 $3,247 I Cost Component Credit Component 6 0 _- 4.0 11 7.0 5.0 6.0 6.0 2.0 21.0 15:0:$2,1515 $3,705 ' I I Demand Component 2.0 3.0 2.0 7.0 - $1;275 ?� benesch Indian River County /lImpact Fee:StudyLIAZI ?� 6 i TAB G/[ COST PROPOSAL Task # Task # 8.0 Senior Senior � 15.0 � 9.0 32.0 $5,675 Calculations I Task.-anager Project Engineer/ Engineer anner I Hours Per T -t k • 0• 1 r»� Fee Schedule 12.0 22.0 18.0 52.0: $8,930. Preparation Prepare Draft and Final 16.0 18.0 6.0 6.0 1.0 47.0 $8,812 Reports AND ,q,—,tmEETINGPRESENTS ., ATtC►NS . ..K - . Kick-off Meeting (Virtual) 3.0: 3.0 3.0 1.0 10.0 $1,752 l Draft Report Review 6.0 4.0 1 4.0. 1.0 . 15.0 $2,9021 Meeting (virtual) Three Additional Meet - 30.0 6.0 6.0 1.0 43.0 $10,512 Ings - j . , l 4 r i j j } i V V Administrative -Cost 8.0 � 15.0 � 9.0 32.0 $5,675 Calculations I ,,. b@fl@SCh Indian River County /I Impact Fee Study Up� 30 i Exhibit 2 — Proposed Schedule 124 1 1. . TAB E # PROJECT SCHEDULE The following table provides a preliminary study schedule that can be adjusted upon selection based on input from the ,- County. To keep the schedule on time, the Benesch Team conducts weekly internal project meetings to communicate on the progress of this project to ensure that we continue to meet the project schedule. In terms of communicating with the County staff, in addition to the periodic meetings outlined under the Scope of Services','' the Benesch Team will be in contact with the County staff on a regular basis through virtual meetings and e-mails regarding any z e. �i,,I. ,past,... consistently suc essful in keeping its d entns about the data, ps rogrinformed of their st dy progress. sss of the study, and other ate issues,_ n the Beneschhas been istentl I j Receipt of Notice to Proceed February 1, 2024 Submittal of the Data Needs Memo February 8, 2024 Kick-off Meeting (Virtual) Week of February 26, 2024 Receipt of All Requested Data March 8, 2024 Tasks 1 through 4 Analyses Submittal of Draft Technical Report March - September 2024 September 6, 2024 Draft Report Review Meeting (Virtual) Week of September 9, 2024 Submittal of Final Report September 30, 2024 Public Meetings September/October 2024 - Public Hearing - October 2024 Cost COMMITN Control. TO QUALII 1 -40 benesch 8,0. CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 12, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director Jennifer Hyde, Purchasing Manager PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 012324 Agenda as surplus and authorize their disposal. ATTACHMENT: Excess List for 012324 126 Excess List for 012324 Dept# Asset Fleet Description VIN/Serial Working y/n Disposal Method 106 25135 264 2009 Ford Escape 1FMCU02799KC24702 Y SELL 106 25896 Dell Poweredge T610 Server CNCQNMS N SELL 106 27078 Dell Citrix Xen Server GH9K5Y1 N SELL 120 19066 544 2000 Pierce Saber 4PICT02UOYA000291 Y SELL 120 23188 585 2006 Ford F250 Super Duty 1FTSW20566ED40246 Y SELL 214 17756 M/A Com Vehicle Radio N SELL 214 18963 391 2000 Dodge Ram 2500 3B7KC2666YM213566 N SELL 214 19313 649 2001 Chevy Silverado 1500 1GCEC14VSM88999 N SELL 214 20187 268 2002 Ford F250 4FTNW20L42EB83225 N SELL 214 21412 M/A Com Vehicle Radio N SELL 214 21413 Ericsson Vehicle Radio 418850 N SELL 214 21676 Peninsula Handpunch 3000 Timeclock 164034 N SELL 214 21839 Dell 4100 DLP Front Projector w/ Targa Screen & Lamp 300007335313.00 Y SELL 214 24461 Dell Optiplex 745 42096833245 N SELL 214 24478 Trimble Geo-XH Collector 473474247 N SELL 214 24804 Dell Optiplex 755 13565960929 N SELL 214 24821 Dell Optiplex 755 36913731445 N SELL 214 25163 Dell Optiplex 760 3510229189 N SELL 214 25214 Dell Opitplex 760 7774750081 N SELL 214 25230 lJohn Deere 72"Z -Trac Mower TC997SC031706 N SELL 214 25711 Lengemann LL400 Spectra Precision Laser N SELL 214 26054 2012 Kawasaki Brute Force 4 Wheeler RGSWM22ASCB102354 N SELL 214 26173 Manitowoc Ice Machine 110948094 N SELL 214 26228 Dell Optiplex 790 28979948989 N SELL 214 26488 Manitowoc Ice Machine 1101013636 N SELL 214 26550 Honda Rancher Wheeler N SELL 214 27703 2014 Suzuki Kingquad LT -599 4 Wheeler 5SAAK4CA9E7100710 N SELL 214 28278 2016 John Deere Z920M Mower 1TC920MCVGT041457 N SELL 214 31090 Harris XG-25 Handheld Radio A4014B002351 N SELL 214 31105 Harris XG-25 Handheld Radio A4014B002726 N SELL 214 31107 Harris XG-25 Handheld Radio A4014B002728 N SELL 214 162560 30 1996 Hydraulic Truck Conveyor Asphalt Shoulder Spreader IF0864001 N SELL 214 177480 M/A Com Vehicle Radio N SELL 214 177490 M/A Com Vehicle Radio N SELL 214 177640 M/A Com Vehicle Radio N SELL 214 177690 M/A Com Vehicle Radio N SELL 214 177710 M/A Com Vehicle Radio N SELL 214 187870 LPE-2000 Ericsson Handheld Radio 0005815 N SELL 241 27529 Dell Optiplex 7010 C2L3GZ1 N SELL 241 28998 Dell Optiplex 7040 7RLPXG2 N SELL 127 �.P INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 9, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Agreements for Software Purchase and Maintenance BACKGROUND: The Information Technology Department has identified software to enhance operational capabilities, and vetted it for both compatibility and price. The software is available to the County from a BCC -approved cooperative, and under a competitively -awarded cooperative agreement. Information relating to computer software and systems is exempt from public disclosure, under the State Cybersecurity Act, as described in section 282.318, Florida Statute. DISCUSSION: The cooperative agreement to be used to facilitate the purchase and maintenance requires execution of certain agreements by the Board. The agreements and the quote are available for the Board's review in the Purchasing Division. FUNDING• Funding for the software is available in the Informational Technology Fund/Information Systems/Computer Software Account 50524113-035120. GL Name FY23h4 Available 50524113-035120 Information Technology Fund/Information Systems/Computer Software $50,840 RECOMMENDATION: Staff recommends the Board authorize the Chairman to execute the necessary agreements, after review and approval by the County Attorney as to form and legal sufficiency. 128 r =t INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: January 10, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Approval of Continuing Architectural Consulting Services Rates BACKGROUND: On October 31, 2023, the Board approved the final ranking of consultants and authorized staff to enter negotiations with four professional architectural firms interested in providing services under a new continuing agreement. The sample agreement and rates for two of the firms were approved by the Board on January 9, 2024. DISCUSSION.: Staff has received acceptable hourly rates from the final two firms, which will be attached as Exhibit 1 of the appropriate firm's final agreement. FUNDING: Funding for work orders under the agreements will vary, based on project and department. Individual work orders over $35,000 will be brought before the Board for review and approval. Per Section 105.01, Indian River County Code, the County Administrator may approve work orders for Continuing Consulting Services up to $35,000. A monthly list of work orders approved by the Administrator will be presented to the Board as an informational item. RECOMMENDATION• Staff recommends the Board approve the hourly rates attached for the listed firms, and authorize the Chairman to execute agreements with those firms after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Exhibit 1 Rate Schedules for CPZ Architects, Inc. and CPH, Inc. 129 CPH Exhibit 1 RATE Architect V CATEGORY $ 315 Principal $ 262 Discipline Manager II $ 221 Discipline Manager 1 $ 236 Project Manager V $ 198 Project Manager IV $ 175 Project Manager III $ 147 Project Manager II $ 130 Project Manager 1 $ 173 Manager II $ 143 Manager I $ 242 Architect V $ 185 Architect IV $ 180 Architect III $ 165 Architect II $ 93 Architect 1 $ 103 Interior Designer $ 137 Designer V $ 120 Designer IV $ 113 Designer III $ 95 Designer II $ 89 Designer I $ 124 Coordinator III $ 104 Coordinator II $ 96 Coordinator I $ 237 Engineer V $ 184 Engineer IV $ 145 Engineer III $ 139 Engineer II $ 113 Engineer I 130 Hourly Rates CONSENT AGENDA BCC Meeting 01.23-2024 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Human Services Date: January 23, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Amie Rutherford, Human Services Manager Subject: Children's Services Advisory Committee's Annual Report, FY 2022-2023 BACKGROUND: Children's Services Advisory Committee (CSAC) met on January 9, 2024 and accepted the Annual Report for 2022-2023. The Annual Report encompasses the following information: • Names of members of CSAC, the Grant Review Subcommittee and the Needs Assessment Subcommittee An overview of the history, mission and goals of the advisory committee A summary of the funds awarded and expended for Children's Services Agency year-end reports for children's programs For each program funded, the year-end report includes: • Grant funds awarded and expended • Number of children served • Program outcomes for goals stated in the grant application FUNDING: There are no changes to the approved funding for the Children's Services Advisory Committee. RECOMMENDATION: Staff recommends the Board accept the Children's Services Advisory Committee's Annual Report for FY 2022-2023, as submitted. ATTACHMENTS: Children's Services Advisory Committee's FY23 Annual Report (available for viewing in the BCC office or at www.indianriver.gov) APPROVED AGENDA ITEM FOR JANUARY 23.2024 132 e. +,,,J, Isco meeting U1-ZJ-ZUZ4 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services/ Human Services Date: January 23, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Amie Rutherford, Human Services Manager Subject: Updated Guidebook for The Children's Services Advisory Committee BACKGROUND: On May 1, 1997, the Board of County Commissioners adopted Ordinance 97-7 which established the Children's Services Network as an advisory board to the Indian River County Board of County Commissioners. As part of the ordinance a guide was adopted by the Board of County Commissioners by resolution, which set out the operating procedures of the Children's Services Network. On May 17, 2022, the Board of County Commissioners adopted Ordinance 2022-007 which amended Part II of Chapter 103 (Commissions and Boards) to update various aspects of the Children's Services Advisory Committee (CSAC), including "The procedure handbook shall be adopted by the Board of County Commissioners by resolution, which sets out the operating procedures of the Children's Services Advisory Committee." DESCRIPTION AND CONDITIONS: After revisions, updates, and feedback from the Children's Services Advisory Committee, during the CSAC meeting on December 5, 2023, the Children's Services Advisory Committee Guidebook was approved by a majority vote. This is the first update to the procedure handbook since 1997. The language and operating procedures have been aligned to Ordinance 2022-007. FUNDING: There are no changes to the approved funding for the Children's Services Advisory Committee. RECOMMENDATION: Staff recommends the Board accept the Children's Services Advisory Committee's Guidebook, as submitted. ATTACHMENTS: Children's Services Advisory Committee Guidebook APPROVED AGENDA ITEM FOR JANUARY 23,202 133 RESOLUTION 2023- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY ADOPTING THE GUIDEBOOK FOR THE CHILDREN'S SERVICES ADVISORY COMMITTEE WHEREAS, the Children's Services Advisory Committee Guidebook, last updated in 1997, serves as a crucial document outlining the operating procedures of the Children's Services Advisory Committee; and WHEREAS, it is imperative to ensure that the procedures and guidelines governing the Children's Services Advisory Committee are reflective of current best practices, and ordinance requirements; and WHEREAS, the Board of County Commissioners acknowledges the importance of maintaining an up-to-date handbook to enhance the efficiency, effectiveness, and relevance of the Children's Services Advisory Committee in fulfilling its mission; NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. The Indian River County Board of County Commissioners hereby resolves to adopt the revised Children's Services Advisory Committee Guidebook, dated December 5, 2023, which shall supersede the previous version dated 1997. The updated handbook is reflective of contemporary best practices, and ordinance requirements. 2. The Indian River County Board of County Commissioners adopts this resolution pursuant to the authority vested in the Board of County Commissioners by Ordinance 2022-007, which mandates the adoption of the Children's Services Procedures Handbook by resolution. The purpose of this resolution is to ensure that the Children's Services Advisory Committee operates in accordance with current standards and practices. 3. The Indian River County Board of County Commissioners hereby adopts the updated Children's Services Guidebook, effective immediately. All relevant parties shall be notified of the changes, and the revised handbook shall be implemented promptly. 4. This resolution shall take effect immediately upon adoption by the Board of County Commissioners. 134 RESOLUTION 2023 - The resolution was moved to adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 23rd day of January, 2024. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Susan Adams, Chairman 135 CHILDREN'S SEP\/K`.""-ES ADVISO RY CO MMITTEE �.UIDE : �•_oK Ordinance 2022-007 Revised on December S, 2023 N� 6NWI •�I k.J TABLE OF CONTENTS Description General Overview Introduction, Maintenance of the Children's Services Advisory Committee; Including Responsibility, Amendment, and Updating Procedures Chapter I Purpose, Definitions, Objectives, and Policies Chapter Responsibilities and Relationships, Role of the Indian River County Board of the County Commissioners, and Children's Services Advisory Committee Chapter III Needs Assessment, Priorities, and Planning Chapter IV Funding/Financing, Ad Valorem Taxes, Grants, Gifts/Endowments Chapter V Application Process/ Procedures 2023-2024 Advisory Members Application Process/ Procedures 2023-2024 Funded Programs Link to Funded Programs Dashboard Sunshine Law Link to Sunshine Law Presentation Overview 11 Page 03 05 07 07 09 10 13 16 17 0 0 lm�nl 0 0 INTRODUCTION 00 The Children's Services Advisory Committee Guide is to be used as the primary document that contains the standards, policies, and procedures creating a unified system of planning and delivery within which children's needs can be identified, targeted, addressed and evaluated by the Children's Services Advisory Committee. With respect to the Guide, The Board of County Commissioners will have the approval authority on its adoption and revisions. The Children's Services Advisory Committee will maintain the Guide and act as an advisory committee to the Board of County Commissioners. The Children's Services Advisory Committee will also receive and review proposals for allocation of funds for targeted children's services and make recommendations regarding funding to the Board of County Commissioners. County staff will be made available at the direction of the County Administrator. Although the Children's Services Advisory Committee Guide will be the primary source for policy and procedural guidance, the Indian River County Comprehensive Plan, as well as the Comprehensive Plans of municipalities in the County, will be used where they contain goals, policies, and objectives relating to children's services. 1. Recommend providing and maintaining services for children as the Children's Services Advisory Committee determines the needs for the general well-being of the children in the county. 2. Collect information and statistical data, and conduct research that will be helpful to the Children's Services Advisory Committee and the county in deciding the needs of children in the county. 3. Consult, collaborate, and coordinate with other agencies dedicated to the well-being of children to end duplication of services. 4. Recommend the allocation of funds for programs that provide services for the benefit of children in the county. 5. Recommend standards for evidence -based, measurable outcomes within the Request for Proposal, and monitor the agencies for actual performance on agreed upon standards. The primary objective of the Guide is to outline procedures to meet these principles. Children should be given the opportunity to grow up as "Healthy Children in a Healthy Community." The term "healthy" encompasses socioeconomic, physical, mental, social, emotional, environmental, and educational health. Meeting this goal will require the cooperation, collaboration, and partnership of both public and private agencies. The secondary objective of the Guide is to recommend procedures for the application for and allocation of dollars. In making its recommendation, the Children's Services Advisory Committee follows the procedures set forth in this Guide. Designated county staff support the Children's Services Advisory Committee in monitoring programs receiving funds, grant writing, facilitating review of funding applications, preparing annual reports, taking minutes of the Children's Services Advisory Committee meetings, and maintaining complete official records. 0 To carry out the responsibilities of maintaining the Guide in a correct and up-to-date manner, the Children's Services Advisory Committee Human Services Manager shall identify a county staff member whose duties will include coordinating all Guide issuance and keeping the Guide up- to-date. The guidebook shall be adopted by the board of county commissioners by resolution. The Guide may be amended by a majority vote of the Board of County Commissioners. The Children's Services Advisory Committee shall work with staff and sub- committees to review and update the Guide and shall make recommendations to the Board of County Commissioners regarding the proposed Guide revisions every two years. F F. Endowment: The act of settling a fund, or permanent pecuniary provision, for the maintenance of a public institution, charity, college etc. G. Ex -Officio: From office; by virtue of the office; without any other Warrantor appOin[rnent than that rewiting from the holding of a particular office. H. Family: A group of individuals with children who are living together as—one ecOnotxnicunit ;except that residents of a homeless facility or an institution shall not all be considered as members cf_e single family. Health Services: Ongoing routine pediatric care for preventive and acute illnesses and referral for treatment I Homeless Children: Children who lack a fixed and regular nighttime residence or whose primary nighttime residence is a publicly or privately operated supervised shelter.....' 140 '11`+. arnended sivo toUrftryder ralu iar>r�l set1�, ctivties 1lll ei.` s, labor, or some oro gfithem in 16YOAOAiurtes wil l alt i lid i 1r lr, t shann olt#6nal: . � g of oroft mid losses.. trity of Needs: Cm's needs identified for potential' ng o of F i.rogra !gram services designed to meetyioirng -met need*111111, �dobjectives of the Childr 's Services AdvisoryC.carlr itlrl. 4 qRequest for Pro osal: A formal process to request agencies to submit pr " address identified 1 totunder-met needs. . R. standardliz d Outcomes: A'goal orb ark used to e' vaNs.ste the effectiveness oft 04WM..; i. $- ,' fey_: A topic -specific tool ttseo to verify the needs sof requested ser a 00 ', 'Indian County. T. Under -met Needs: Needs identified in a community that have been partiallymet, either in terms of a portionof services provided to the total community or total services peovidedt,*.*rt ' f the U.MbifiedSystem: A system of services that are offered incoordination, sometimes bw!h a variety of Indian RkW County Board of County Commissioners will consider recommendations presented bythe `ChlldhM'sSerVicesAdvisryCommittee for programs that have been -shown to be needed for the child '7' an ithrer County when these recommendations are consistent with the objectives as set forth by t Chi dlia. 's Saes Advisory Committee. i The. County's policy is to consider funding of programs after a needs assessment has been completed and the Children's Services J#dvioM Committee has reviewed and prioritized the programs that are needed by the children in Indian River County. This process should be done with the involvement of:agencies providing programs forthe Board of County Commissioners at least every three years with iinteriitri urv"m done as needed. All functions of the Children's Services Advisory Committee are done as recommendations to the Board of County Commissioners. It is the policy of the Board of County Commissioners to work in a cooperative vet trete ith such entities including, but not limited to, for-profit and not-for-profit organizations, rriurcipaiities within Indian River County, the Indian River County School Board, and public agenlSia., lj Department of Health, Children & Families, Juvenile Justice. etc.). P"e 6 eline: CIMILDREWS SERVICES ADVISORY T CIIII pRIJCEt IJl ` PHASE 1: Needs Assessment and Asset Mapping Timeline: July-December Annum Pmt + 8-Objective 11+s416w � Annual +Childrerl'sServicesAc a fCommiiteeC de Review . Discusam on non. taa tlalar fiittdirig sou rces PtvR 1"tto Board of #t*Conunissioners on needs assessMent, changes to,0*11drer s Services ryCommittee Cidde,Policyj'Objectives, Funding Sour es other than cdoll- PHASE 2: CompilationaffServices identified in Needs Assessment or Surveys Timeline: November-3anuary • Ranking of Services needed for the rmad funding s"" ' le 3 Product: Report to Board ofCountytar rnilssionmen identified needs anC'1 linking by the Children's Services AdvisoryCk4i riittes, and suggested prograrn aeras tabefunded. PHASE 3: Writing and Advertising of Request For Proposal Timeline: December - March • The Grant Sub-CtlmgAtae will co u.et:a review of *Warns ftnulledl.during the previous and current year. Ptd Repoft "to the Board of County Coin missioners on Request r P'raposal and on'10111ftperfi)rMance. "t'i� Jar#uaryJFebruaty a Present Annual Report tao.8oard of County Commissioners 146 The third phase of the Children's Services Advisory Committee planning process will be the writing and advertising of the Request For Proposal for each identified area the Children's Services Advisory Cotnrxtee has agreed:is in need of additional programs. 'I Chan# Review end Progfem 5ubcommi�t#eewlll the programs funded i the previous year ao see that each program is prrogressing in the manner that was agreed to in the application. The purpose ofthis review is to identify if the program should be funded again. The final draft of the Request For Proposal for each program shall be presented to the Children's Services Advisory Committee for approval. PHASE 4; EVA UADIM OFREQUM FM PROPOSAM RECOMMENDW FUN13N+iG.70 THE BOARD 'C10COUNW CtIMAMISSKNiERS The Grant Review and Program Subcommittee will review all completed Requests.FO[ Proposal and compile a priority listing with each program for the Children's Services Advisory Committee. In turn the Children's Services Advisory Committee will compile a priority listing to recd. nd funding by the Board of County Commissioners. 147 age'!2 CS RESPONSIBLITIES: The primary responsibilities of the Children's Services Advisory Committee are as follows: • Inventory current child welfare services available in Indian River County; • Conduct a needs assessment for children's services in Indian River County; • Recommend a plan for providing any additional, necessary child welfare services to the Board of County Commissioners; • Submit recommendations to the Board of County Commissioners on any matters affecting the health and well-being of children in Indian River County; • Through the County staff, consult, collaborate, and coordinate with other agencies dedicated to the well- being of children to prevent duplication of services; • Collect information and statistical data and conduct research that will be helpful to Indian River County in deciding the needs of children within the county; • Recommend the allocation of funds to agencies that provide services for the benefit of ch'ki-en in Indian River County to the Board of County Commissioners for funding based the approved budget by the Board of County Commissioners. Page 121 1 Miranda Swanson, Chair, Administrator 9 Michelle Morris, Appointee: District 2 Health Department: Ex -Officio 2 Laura Moss, Commissioner 10 Jeffrey Andros, Appointee: District 4 3 Frank Isele, Hospital District: Ex -Officio 11 Bob Schlitt, Member -at Large 4 Bob McPartlan, Vice Chair, Department 12 Amber Cerda, Member -at -Large of Children & Families: Ex -Officio Dr. David K. Moore, S Superintendent of Schools: Ex -Officio p 13 Katie Mieras, A i Appointee: District 3 Dr. Kyra Schafte, Designee s 6 Sherriff Eric Flowers, Law Enforcement: i 14 Hope Woodhouse A P Appointee: District 5 Ex -Officio Doug DeMuth, Accountant, certified 7 Judge Victoria Griffin, Judge: Ex -Officio 15 financial officer, certified financial planner or x has significant financial experience 8 Kerry Bartlett, Appointee: District 1 RESPONSIBLITIES: The primary responsibilities of the Children's Services Advisory Committee are as follows: • Inventory current child welfare services available in Indian River County; • Conduct a needs assessment for children's services in Indian River County; • Recommend a plan for providing any additional, necessary child welfare services to the Board of County Commissioners; • Submit recommendations to the Board of County Commissioners on any matters affecting the health and well-being of children in Indian River County; • Through the County staff, consult, collaborate, and coordinate with other agencies dedicated to the well- being of children to prevent duplication of services; • Collect information and statistical data and conduct research that will be helpful to Indian River County in deciding the needs of children within the county; • Recommend the allocation of funds to agencies that provide services for the benefit of ch'ki-en in Indian River County to the Board of County Commissioners for funding based the approved budget by the Board of County Commissioners. Page 121 C S PLANNING qOCO MEMBERS No 1 2 Name Hope Woodhouse, Chair Carrie Lester 3 Brian McMahon 4 Autumn Schneider 5 6 7 Karissa Bolden Michael Kint Chiaka Nwosu • CHILDREN'S SERVICES ADVISORY COMMITTEE NEEDS ASSESSMENT & PLANNING Identify and assess the needs of the children of Indian River County through a needs -assessment and asset mapping; submit to the Board of County Commissioners through the Children Services Advisory Committee a written description of those needs. Provide and update short term and long-term plan to the Children Services Advisory Committee including, but not limited to, programs, services, and activities that meet the objectives of the children's services advisory committee. CSACGRANTRE'v. ^i & PROGRAM SUBCO17"""-.------1.--VF MEMBERS CSAC Grant Review and Program In coordination with the Executive Office Director- review and revise requests for proposals (RFP) based on need determination and set priorities. Upon completion of review, submit to the Children Services Advisory Committee for approval. Review and recommend letters of intent submitted by agencies requesting funding. Review final RFPs and make recommendations for funding to Children Services Advisory Committee, who will then recommend to the Board of County Commissioners for funding. Receive, review, and present to Children Services Advisory Committee members quarterly (at a minimum) reports from funded agencies. Conduct program evaluations throughout the funding period, schedule and attend site visits to funded program. Robert (Bob) Schlitt, Jr., 1 Chair 9 Brooke Sauserman 2 Susan Blaxill-Deal 10 Deana Shatley 3 Anthony Brown 11 Caryn Toole 4 Tony Consalo 12 Wendy McDaniel S Michael Kint 13 Angela Jones i 6 Sherri Kolodziejczak 14 David Erickson 7 Susan Aguirre 1S Pilar Greto 8 Dr. Deborah Tay or -Long CSAC Grant Review and Program In coordination with the Executive Office Director- review and revise requests for proposals (RFP) based on need determination and set priorities. Upon completion of review, submit to the Children Services Advisory Committee for approval. Review and recommend letters of intent submitted by agencies requesting funding. Review final RFPs and make recommendations for funding to Children Services Advisory Committee, who will then recommend to the Board of County Commissioners for funding. Receive, review, and present to Children Services Advisory Committee members quarterly (at a minimum) reports from funded agencies. Conduct program evaluations throughout the funding period, schedule and attend site visits to funded program. 2023-2024 FUNDING DASHBOARD in Children SUNSHINE LAW Page 17 C'ENI AGENDA i INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Human Services Date: January 23, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Amie Rutherford, Human Services Manager Subject: Appointment of Chairman to Children's Services Advisory Committee BACKGROUND: On May 17, 2022, the Board of County Commissioners adopted Ordinance 2022-007 which amended Part II of Chapter 103 (Commissions and Boards) to update various aspects of the Children's Services Advisory Committee (CSAC). DESCRIPTION AND CONDITIONS: During the CSAC meeting on January 9, 2024, the vice chair and sub -committee chairs were elected by a majority vote of the advisory committee. Pursuant to Section 103.22 (7) of Ordinance 2022-007, the Board of County Commissioners is required to appoint a chair of the CSAC for a term of one year. Miranda Swanson, Administrator for the Indian River County Health Department, has served for many years as the Chairman. Ms. Swanson indicated at the January meeting that she is available to serve for an additional year as Chair of the CSAC. FUNDING: There are no changes to the approved funding for the Children's Services Advisory Committee for this appointment, as listed below. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners appoint Miranda Swanson as Chairman of the Children's Services Advisory Committee. APPROVED AGENDA ITEM FOR JANUARY 23.2024 153 I INDIAN RIVER COUNTY, FLORIDA l AGENDA ITEM Department of Community Services / Human Services Date: January 23, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Amie Rutherford, Human Services Manager Subject: 2024-2027 Children's Services Advisory Committee's Needs Assessment BACKGROUND: Children's Services Advisory Committee (CSAC) met on January 9, 2024 and accepted the Needs Assessment Subcommittee's Recommendation to change the funding priorities for children's services based on the outcomes of the 2024-2027 Needs Assessment. The 2024-2027 Needs Assessment encompasses the following information: • Names of members of CSAC Needs Assessment Subcommittee • An explanation of the role of the subcommittee and how their work supports the service of children in Indian River County • An overview of Indian River County and its demographics • A summary of the funding priorities as they were identified through the assessment and the framework through which community impact can be monitored • The data used to identify needs and drive the necessity for the priorities The CSAC Needs Assessment Subcommittee met on the following dates listed below and worked through the steps needed to complete the 2024-2027 CSAC Needs Assessment • August 22, 2023: Collect Data (1.5 HOURS) • September 11, 2023: Data Deep Dive (2 HOURS) • November 8, 2023: Analyze Ordinance, Outcomes, & Priorities (6 HOURS) • November 28, 2023: Identify NEW Priorities (4 HOURS) • December 18, 2023: Organize & Define the Priority Framework (2 HOURS) • January 5, 2024: Finalize Recommendation of Funding Priorities (1 HOUR) 154 PAGE 2 2024-2027 Children's Services Advisory Committee's Needs Assessment FUNDING: There is no funding associated with this item, as it is just approval of the Needs Assessment Report. Each year, the Board of County Commissioners approves a funding allocation for Children's Services which can be up to the maximum millage cap of 0.2500 mills. Currently, the Children's Services funding has not been established for fiscal year 2024-2025. RECOMMENDATION: Staff recommends the Board accept the Children's Services Advisory Committee's 2024-2027 Needs Assessment, as submitted. ATTACHMENTS: 2024-2027 Children's Services Advisory Committee's Needs Assessment (available for viewing in the BCC office or at www.indianriver.gov) APPROVED AGENDA ITEM FOR JANUARY 23, 2024 155 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Human Services r CONSENT AGENDA BCC Meeting 01-23-2024 Date: January 23, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Amie Rutherford, Human Services Manager Subject: Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2024-2025 By recommendation of the Children Services Advisory Committee, attached is the Request for Proposal (RFP), the Grant Application and the Agency Grant Contract as pertaining to the funding of children's programs in Indian River County for the fiscal year 2024-2025. DESCRIPTION AND CONDITIONS: Each year, in accordance with Section 103.24(2)(a) of the Indian River County Code, the Children Services Advisory Committee (CSAC) initiates the children's services grant process for the next fiscal year by identifying and assessing the needs of children in Indian River County. The CSAC Needs Assessment Subcommittee met over the course of the past year and conducted a countywide survey which resulted in three funding priorities: Health & Well -Being, Nurturing Families & Communities, and Success in School & Life. Focus areas and data indicators were established within each funding priority. On January 9, 2024, the CSAC approved the 2024-2027 CSAC Needs Assessment and the RFP for fiscal year 2024-2025. The RFP encompasses the new funding priorities, updated program evaluation criteria, administrative requirements, and details on the grant application process. FUNDING: There is no funding associated with this item, as it is just approval of the Request for Proposal (RFP), the Grant Application and the Agency Grant Contract for fiscal year 2024-2025. Each year, the Board of County Commissioners approves a funding allocation for Children's Services which can be up to the maximum millage cap of 0.2500 mills. Currently, the Children's Services funding has not been established for fiscal year 2024-2025 and will come to the Board for approval at a later meeting. RECOMMENDATION: Staff recommends that the Board accept the RFP, the Grant Application and the Agency Grant Contract for FY 2024-2025 as submitted, and authorize the County Administrator to execute the individual contracts after review and approval by the County Attorney. 156 PAGE 2 Children's Services Advisory Committee's Recommendation of Request for Proposal, Grant Application and Agency Grant Contract for FY 2024-2025 ATTACHMENTS (4): Request for Proposal Grant Application Evaluation Form Sample - Agency Grant Contract APPROVED AGENDA ITEM FOR JANUARY 23.2024 157 Children's Services Advisory Committee Grant Application - CSAC 2024-2025 Grant Application PROGRAM COVER PAGE Organization Name Executive Director Name Organization Address Executive Director Email Executive Director Phone Program Director Name Program Director Email Program Director Phone Website Brief description of your organization (100 -word limit): Name of Program Identify the Funding Priority your program will address: Health and Well-being _ Enhanced Access to Prenatal Care _ Advancements in Positive Behavioral Health Promotion of Physical Health Expansion and Identification of Programs for Students with Special Needs Nurturing Families and Communities Decrease in Childhood Aversity _ Reduction of Juvenile Delinquency Incidents Success in School and Life Increase of Kindergarten Readiness Improvement in Academics _ Boost in Student Attendance _ Expansion of Pathways for College and Career success ORGANIZATIONAL CAPACITY • Provide the mission statement and vision of your organization. • # of Full Time Employees 0 • # of Part Time Employees 0 • # of Volunteers 0 • Agency Fiscal Year: • Please briefly explain your policies and procedures on performing background checks on all staff and volunteers interacting with children? • Does the Agency have a Board -approved written, active, strategic plan? If yes, when was it last updated? • Does the Agency have a Board Attendance Policy? If yes, please explain the requirements, including the # of times the Board meets annually and the # of Board members. • Does the Board have any current vacancies? If yes, please list. • Date the Board By -Laws were last updated: • Total unrestricted cash on hand: • Describe briefly the Agency's current fundraising activities. • How would the program maintain services in absence of CSAC funding? • Has your Agency EVER had any county, state or federal investigations into its operations? If yes, please explain. • Provide a BRIEF summary of your organization including areas of expertise, accomplishments, and population served as it relates to this program application. 158 2024-2025 CSAC Funding Application - 1 PROPOSAL NARRATIVE • Program Abstract (100 -word limit): • Program Need Statement - What is the unacceptable condition requiring change that is addressed by your program? Who has the need? Where do they live? • Provide local, state, or national trend data, with reference source, that corroborates that this is an area of need in our community, and answer as directly as possible. • Briefly describe the program activities and how they address, and will reduce, the unacceptable condition (from Program Need Statement). • Describe the "best practices" followed and provide evidence that indicates proposed strategies are effective with target population. • Describe the frequency of the program activities. Please include bullet points for the average daily # of children in attendance, hours per day, days per week, and days per month. • List staffing needed for your program, including required experience and estimated hours per week in program for each staff member and/or volunteer. • Explain how the target population is made aware of the program. • Does the program provide transportation for children to access services? Y/N • Explain how clients access program services (i.e., location, transportation, hours of operation, etc.). • Does the program currently utilize a waiting list? If yes, how many clients are currently on the waitlist to enter the program? • Does the program charge clients any fees for program services? If yes, please explain. • Identify similar programs that are currently serving the needs of your target population and describe any efforts to minimize duplication. What differentiates your program from other similar programs? • Share your research -based strategies for building parent/guardian capacity around your outcome measures. • Does the program operate from, or provide services in, a school of the IRC School District? If yes, provide evidence of the partnership with the School District in the Supporting Documents section. • List below all collaborative agencies relevant to the delivery of the program and upload evidence to support the collaboration in the Supporting Documents section. COLLABORATIVE AGENCY .;. Agency Name . , Program Resources Provided DEMOGRAPHICS ,..10/2021- 09/2022 10/2022- 9/2023 10/2023 9/2024 Proiected 23- /2024 ii1- 9J 25 % of Total • Unduplicated Clients • Age • Ethnicity • Income • Geographic Location 159 2024-2025 CSAC Funding Application - 2 PROGRAM OUTCOMES & ACTIVITES If the program received CSAC funding in 2022-2023, were all outcomes measures met for the year, including numbers served? If not, what will you do differently to achieve expected outcomes? • Expected Outcome /Change (Funding Priority Area of Focus): o For this outcome, report current fiscal year results to date (10/01/23 —12/31/23): o ACTUAL outcome results for the previous fiscal year: • Indicator Measurements (Evidence): • Program Activities (What): • Frequency (How Often): • Responsible Parties (Who): • Data Source (Where): • Time of Measurement (When): PROGRAM FUNDING REQUEST • Amount Requested from CSAC for 2024/2025 0.00 • Total Proposed Program Budget for 2024/2025 0.00 • Percent of Total Program Budget 0.00% • Current Program Funding from CSAC (2023/2024) 0.00 • Dollar increase/(decrease) in request 0.00 • Percent increase/(decrease) in request 0.00% • Unduplicated Number of Children to be served Individually 0 • Unduplicated Number of Adults to be served Individually 0 • Of the total children and adults served individual, how many are served via group settings 0 • Total Program Cost per Client 0.00 • If applicable, please indicate reason for $ change in request. • If request increased by 5% or more over previous year's allocation, provide a detailed explanation as to why. • If the funding request is more than 25% of the Program Budget, provide a detailed explanation as to why. • If these funds are being used to match another source, name the source and the $ amount. PROGRAM BUDGET REVENUE/EXPENSES fY 22/23 FY 23/24 FY 24/25 % Change BUDGET ACTUAL TOTAL BUDGETED PROPOSED BUDGET + or (-) CSAC BUDGET REQUEST --TPROGRAM EXPENSES FY 24/25 FY 24/25 I % OF TOTAL VS. BUDGET FUNDER BUDGET FUNDERREQUEST f 160 2024-2025 CSAC Funding Application - 3 2024-2025 REQUEST FOR PROPOSAL CHILDREN'S SERVICES ADVISORY COMMITTEE The Children's Services Advisory Committee of Indian River County is an advisory board to the Indian River County Board of County Commissioners. Section 103.20. Purpose The purpose of the Children's Services Advisory Committee is to promote the health and well-being of children in a healthy community. The term "healthy" encompasses socioeconomic, physical, environmental, educational, and behavioral health. Section 103.21. Objective (1) The objective of the Children's Services Advisory Committee is to provide a unified system of planning and delivery, within which children's needs can be identified, targeted, evaluated, and addressed by the Children's Services Advisory Committee. (2) Definition of child. Any person who has not attained the age of eighteen (18) years; also, a minor. (3) This objective will be met by the Children's Services Advisory Committee through the powers and functions of the Board of County Commissions as follows: a) Recommend to provide and maintain in the county services for children as the Children's Services Advisory Committee determines are needed for the general well being of the county. b) Collect information and statistical data and conduct research helpful to the Children's Services Advisory Committee and the County in deciding the needs of children in the County. c) Consult, collaborate, and coordinate with other agencies dedicated to the well being of children to the end that duplication of services will be prevented. d) Recommend the allocation of funds to agencies that provide services for the benefit of children in Indian River County. e) Recommend standards for evidence based measurable outcomes within the request for proposal and monitor the agencies for actual performance on agreed upon standards. f) Recommend to employ, pay and provide benefits for any part-time or full-time position needed to execute the foregoing powers and functions. MISSION The mission of the Children's Services Advisory Committee is to facilitate and coordinate the planning and development of an effective and collaborative health and human services delivery system to meet the needs of the children and families of Indian River County. The Children's Services Advisory Committee strongly supports cultural diversity and encourages its funded programs to demonstrate the inclusion of all children and families in program development and implementation. 2024-2025 CSAC RFP - 1 161 VISION The efforts of the Children's Services Advisory Committee will ensure the development of a shared vision for the health and human services delivery system in Indian River County enabling funding sources and providers to define and perform their roles in a dynamically changing environment. OVER -ARCHING GOALS ■ Improve the capacity of children in Indian River County to succeed to adulthood in a safe, healthy and productive manner. ■ Support caregivers — a child's most important resource — to be and do what is needed to shepherd children into adulthood in a safe, healthy and productive manner. FUNDING CRITERIA The Children's Services Advisory Committee is seeking programs that provide services to children and families of Indian River County. Proposals will be reviewed and evaluated by the Grant Review subcommittee which consists of members of the Children's Services Advisory Committee and other citizens of Indian River County. Proposals are accepted from government agencies, for-profit and not- for-profit organizations, and from individuals. Evaluations of agencies submitting funding applications shall include, but not be limited to, site visits, interviews, and application review. Applications received will be assessed on the basis of specified criteria and will include, but not be limited to, the following items: a. Organization's capability. The qualifications and experience of the applicant in providing quality human services and the agency's financial capability. b. Evidence based outcomes from prior years. c. Need for service. Appropriate goals and objectives in response to the advertisement of funding availability. d. Soundness of methodology. The goal and objectives, description of services with timeline and documented coordination with other service providers. e. Evaluation. The program's process and outcome objectives, data collection system and evaluation design. f. Cost effectiveness. The proportion of budget applied to direct services, funds from other sources, funds requested, current and projected long-range efficiency. g. Children and families served. The extent to which the application addresses services to meet identified needs of the target population. h. Neighborhood -based initiatives. The extent and degree to which the application focuses on a local area or neighborhood. i. Response to a specified strategy. The applicant's identification of and appropriate response to a specified primary strategy. j. Application. The relative completeness, clarity and conciseness of the response to all required items in the funding announcement and application. 2024-2025 CSAC RFP - 2 162 PRIORITY OF FUNDING A comprehensive, community -wide needs assessment provides valuable information to help guide the Children Services Advisory Committee (CSAC) in identifying essential children's services and areas of focus to address both the unmet and under -met needs of children. The funding priorities are the result of the 2024-2027 Children's Needs Assessment. The assessment identified three primary priorities: Health and Well-being, Nurturing Families and Communities, and Success in School and Life Each priority is comprised of specific focus areas ranked in order of priority and associated data indicators, emphasizing prevention, early identification/intervention, and the pivotal role of building parent/guardian capacity in children's services. This proactive approach aims to address potential challenges before they escalate, recognizing the lifelong impact of early experiences on a child's development, and striving to positively shape their path. With a focus on cost-effectiveness, early interventions minimize societal and financial burdens linked with delayed support. Health and Well-being: Promoting the health and well-being of children is foundational to their overall development. Access to quality prenatal care ensures a healthy start for both mothers and infants, reducing the risk of complications and ensuring optimal birth outcomes. Positive behavioral health interventions are crucial for addressing mental health challenges among youth, fostering resilience, and preventing substance abuse issues. Promotion of physical health, including maintaining a healthy body weight, is essential for long-term well-being. Identifying and expanding programs for students with special needs ensures that every child receives the support necessary for their unique educational journey. Why? Early prevention and intervention strategies in health, combined with building parent/guardian capacity, contribute to long-term well-being, reducing the need for more extensive interventions later on. By prioritizing these cts, we proactively support children's health, addressing potential challenges at their inception. Focus Areas and Data Indica 1. Enhanced Access to Prena a , are: Monitoringthe initiation of prenatal care, birth outcomes, breastfeeding initiation, fetal and infant mortality, and repeat teen births. 2. Advancements in Positive Behavioral Health: Tracking youth risk profiles, depression rates, substance abuse among youth, and adult alcohol consumption. 3. Promotion of Physical Health: Observing body mass index (BMI) summaries and youth obesity rates. 4. Identification and Expansion of Programs for Students with Special Needs: Assessing student demographics based on primary exceptionality. 2024-2025 CSAC RFP — 3 163 Nurturing Families and Communities: Creating an environment that nurtures families and communities is vital for children's overall stability and well-being. Decreasing childhood adversity, including experiences of abuse and neglect, is essential for fostering safe and supportive family environments. The reduction of juvenile delinquency incidents contributes to a safer community and better opportunities for positive youth development. Why? Prioritizing prevention and early intervention in family and community dynamics, along with building parent/guardian capacity, we aim to create an environment where potential issues are identified and addressed promptly, fostering stability and resilience in children from the outset. Focus Areas and Data Indicators: 1. Decrease in Childhood Adversity: Analyzing adverse childhood experiences, child abuse incidents, Baker Act utilization, and instances of children in foster care or homelessness. 2. Reduction of Juvenile Delinquency Incidents:Examining trends in juvenile delinquency through metrics such as juvenile arrests. Success in School and Life: Ensuring success in school and life is fundamental for a child's future prospects. Increasing kindergarten readiness sets the stage for a strong 'educational foundation, impacting a child's academic journey positively. Improvement in academics, attendance, and the expansion of pathways for college and career success are critical for preeparing child&n to meet the challenges of an ever -evolving world. Why? By focusing parent/guardian cap barriers to success in education, coupled with building they need from the beginning, reducing ling and achievement. 1. Increase of Kindergarten` Rea : Evaluating early learning indicators and kindergarten readiness. 2. Improvement in Academics: Analyzing student performance and proficiency on statewide assessments in reading, math, science, and social studies. 3. Boost in Attendance: Monitoring average daily attendance and chronic absenteeism. 4. Expansion of Pathways for College and Career Success: Reviewing high school graduation rates, workforce data, and school discipline measures. Applicants seeking funding are encouraged to focus their programs on serving pockets of poverty, considering the geographical dispersion and transportation challenges in Indian River County. It is crucial that services are designed to be accessible, considering both the location and timing that align with the community's needs. To enhance program effectiveness, applicants should employ research/evidence-based strategies and best practices, ensuring that interventions are informed by proven approaches. Collaboration within the community is essential to optimize resources, eliminate redundancy, and initiate interventions as early as possible in a child's life, thereby maximizing the impact of support services. 2024-2025 CSAC RFP - 4 164 FUNDING PROCESS TBD Proposals are due by 5:00 PM ONLINE VIA e-CIMPACT. Late proposals will NOT be accepted. May 30 & June 5-7, 2024 The Grant Review subcommittee will evaluate funding proposals. Agencies will be contacted to schedule a date and time for their review. June 11, 2024 The Grant Review subcommittee will present funding recommendations to the Children's Services Advisory Committee for approval. July 16, 2024 Approved funding recommendations will be presented to the Board of County Commissioners, followed by formal notifications to all agencies regarding the funding of their proposal(s). September 20, 2024 Grant contracts will be electronically mailed following the County's final Budget Hearing. Contract dates will run October 1, 2024 through September 30, 2025. DISQUALIFICATION Any one, or a combination of the items listed below, will disqualify an applicant from further consideration as a qualified applicant. 1. Failure to include proof of, or ability to obtain, all required liability insurance listing Indian River County as an additional insured, as specified in the County contract attached to the proposal. 2. Failure to submit all portions of the proposal by the specified submission deadline to include supporting documents. 3. Failure to certify the Application for Funding by the Agency's duly authorized official attesting to the accurateness of the submission and the governing body's approval. REQUIREMENTS • All agencies, or individuals, receiving a grant will be are required to neRt+ee acknowledge the Children's Services Advisory Committee and Indian River County as a funder, or partial funder of the program, in all printed material and press releases. • All agencies, or individuals, receiving a $100,000 grant or more, will be are required to provide Indian River County with a financial audit within 180 days after the end of the agency's fiscal year. • For Profit Applicants must provide a copy of their most recent Federal Tax Return with the application. SPECIAL CONTRACT TERMS AND CONDITIONS Period of Performance • Grant contracts will run from October 1, 2024 through September 30, 2025. • Program monitoring, quarterly reports, and site visits schedules will be developed with grant recipients after the contract is finalized. 2024-2025 CSAC RFP - 5 165 Invoicing and Payment • All payments are based on reimbursement of pre -approved paid expenses per the County contract. • Request for payment should be submitted via mail or uploaded in E-Cimpact. • Request for payment must be submitted in a timely manner (monthly, if possible). • Reimbursements will be limited to 25% of the contracted program dollar amount during each calendar quarter unless pre -approved (Oct -Dec, Jan -Mar, Apr -Jun, Jul -Sept). • Each reimbursement request must have a Reimbursement Request Form detailing all expenses. For each expense listed, a backup invoice and/or receipt, and any other pertinent data must be attached. If the agency requests reimbursement for salaries, other related documentation (i.e., copies of payroll checks, payroll tax checks, invoices, checks for benefits) must be included. • Travel inside the county will be reimbursed according to Florida Statute 112.061. • Payment may be delayed for three reasons: o Improper filing of requests o Not filing quarterly reports with the Department of Human Services within 30 days after the end of each quarter o Not filing the agency's audit, as required by the County, in a timely manner The following items will NOT be reimburse' by the Indian River County Board of County Commissioners or by the Children's Services Advisory Committee: • Food and beverages Ilk 1041 • Paid Time Off such as sick or vacation payments for employees • Capital expenses greater than $5,000 • Cell phone charges • Costs incurred by applicants in responding to the RFP • Expenses other than those related to the curriculum or staffing of the program • Expenses incurred prior to the first date of the grant • Travel outside of Indian River County • Travel expenses not related to the delivery of the program • The payment of fines or assessed penalties • Services provided by other governmental entities or their employees • Any expense not approved in the agency's Funding Budget RFP - 6 166 SUPPORTING DOCUMENTS CHECKLIST List of current Officers and Directors (include addresses for each) Board minutes (past 12 months) Latest Financial Audit Report, Internal Control Letter, Communications & Governance Letter (must conform to the AICPA Audit Guide) Most recent IRS Form 990 (including all schedules) Most recent Internal Financial Statement (Profit & Loss or Balance Sheet) Agency Budget Staff Organizational Chart Most recent Annual Report (if available) 501(C)(3) IRS Exemption Letter Articles of Incorporation Agency's Bylaws Agency's written policy regarding Affirmative Action Evidence of Liability and Workers Compensation Insurance Board -approved Strategic Plan (if available) Sworn Statement Under Sec4W 105.08, Indian River County Code on Disclosure of Relationships Program Salaries Bu Survey Tools Program Outcom ort Evidence of School Dis ' ict Partnersfiip Evidence of Agency Collaboration Other , SV All materials and supporting documentation submitted in response to the RFP become public documents and the property of the Indian River Board of County Commissioners. THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND THE BOARD OF COUNTY COMMISSIONERS RESERVE THE RIGHT TO REJECT ANY OR ALL PROPOSALS, TO WAIVE ANY NON - SUBSTANTIVE DEFICIENCY OR IRREGULARITY, AND TO AWARD A CONTRACT IN WHAT THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND BOARD OF COUNTY COMMISSIONERS BELIEVE TO BE IN THE BEST INTEREST OF INDIAN RIVER COUNTY CHILDREN. RFP - 7 167 Evaluation Criteria Excellent Adequate Marginal Missing score 5 3 1 0 Organizational Capacity - 10 POINTS The agency has ample experience and qualifications, capable of delivering quality services. The agency is financially capable/stable and has demonstrated the ability to leverage grant dollars and deliver the program with contingencies in place. Program Description - 30 POINTS The program clearly aligns with a funding priority and there is strong rational and significant evidence to support the need for services. The program description is clear and well defined with goals and objectives that are realistically achievable. The target population is clearly identified with services having the greatest impact. There is a clear strategy to respond to the need of the target population that incorporates a system of awareness and accessibility. The program has research -based strategies for building parent capacity. The program is part of a coordinated effort of other service provides without duplicating services. Outcomes — 45 POINTS Outcome 1—the activities are well planned and provide a clear, reasonable timeline in order to track performance. Outcome 1— there is a clear system for data collection to measure achievement of goals. Outcome 1— the program includes evidence -based outcomes. Outcome 2—the activities are well planned and provide a clear, reasonable timeline in order to track performance. Outcome 2 — there is a clear system for data collection to measure achievement of goals. Outcome 2 —the program includes evidence -based outcomes. Outcome 3 — the activities are well planned and provide a clear, reasonable timeline in order to track performance. Outcome 3 - there is a clear system for data collection to measure achievement of goals. Outcome 3 — the program includes evidence -based outcomes. Program Budget - 15 POINTS The funding request is appropriate for the activities proposed and is providing for direct services. Cost estimates are realistic, justified and sustainable beyond the grant period. The budget is clearly explained and identifies other sources of funding. OVERALL SCORE /100 Impact Score — 3 POINTS The program is preventative, provides early intervention, and/or is addressing a need in an underserved area geographically and/or demographically. OVERALL SCORE /103 Reviewed by: 168 Comments (Strength/Weaknesses): 169 Indian River County Grant Contract This Grant Contract ("Contract") entered into effective this 1st day of October 2024 by and between Indian River County, a political subdivision of the State of Florida, 1800 27th Street, Vero Beach FL, 32960 ("County") and (Agency Name and Mailing Address) ("Recipient") for program(s) Background Recitals A. The County has determined that it is in the public interest to promote healthy children in a healthy community. B. The County adopted Ordinance 99-1 on January 19, 1999, and amended by Ordinance 2022-007 adopted on May 17, 2022, ("Ordinances") establishing the Children's Services Advisory Committee to promote healthy children in a healthy community and to provide a unified system of planning and delivery within which children's needs can be identified, targeted, evaluated and addressed. C. The Children's Services Advisory Committee has issued a Request For Proposals from individuals and entities that will assist the Children's Services Advisory Committee in fulfilling its purpose. D. The Proposals submitted to the Children's Services Advisory Committee and the recommendation of the Children's Services Advisory Committee have been reviewed by the County. E. The Recipient, by submitting a Proposal to the Children's Services Advisory Committee, has applied for a grant of money ("Grant") for the Grant Period defined as October 1, 2024 — September 30, 2025. F. The County has agreed to provide such Grant funds to the Recipient for the Grant Period on the terms and conditions set forth herein. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties agree as follows: 1. Background Recitals. The background recitals are true and correct and form a material part of this Contract. 2. Purpose of Grant. The Grant shall be used only for the purposes set forth in the complete Proposal submitted by the Recipient and is incorporated herein by reference as "Children's Services Advisory Committee Grant Application - CSAC 2024-25 Grant Application and all associated Supporting Documents" and attached hereto as "Exhibit A — Proposal Cover Page and Funder Budget". 3. Term. The Recipient acknowledges and agrees that the Grant is limited to the fiscal year 2024/25 ("Grant Period"). The Grant Period commences on October 1, 2024 and ends on September 30, 2025. 4. Grant Funds and Payment. The approved Grant amount for the Grant Period is ($ _). The County agrees to reimburse the Recipient from such Grant funds for actual documented costs incurred for Grant Purposes provided in accordance with this Contract. Reimbursement requests may be made no more frequently than monthly. Each reimbursement request shall contain the information, at a minimum, that is set forth in Exhibit "B" attached hereto and incorporated herein by this reference. All reimbursement requests shall conform with Indian River County Policy dated August 16, 2022, attached as Exhibit "C". All reimbursement requests are subject to audit by the County. In addition, the County may require additional documentation of expenditures, as it deems appropriate. 5. Additional Obligations of Recipient. i70 5.1 Records. The Recipient shall maintain adequate internal controls in order to safeguard the Grant. In addition, the Recipient shall maintain adequate records fully to document the use of the Grant funds for at least three (3) years after the expiration of the Grant Period. The County shall have access to all books, records, and documents as required in this Section for the purpose of inspection or audit during normal business hours at the County's expense, upon five (5) days prior written notice. 5.1.1 Cooperation. The Recipient, its directors, managers, employees, and volunteers shall cooperate with any requests for information relating to this Contract and the services and programs provided under this Contract by the County or the Clerk of Courts and Comptroller. Cooperation shall include, but is not limited to, providing records, bank statements, attendance rosters, answering questions, and participating in interviews by County or Clerk of Courts and Comptroller staff. The Recipient, its directors, managers, employees, and volunteers shall respond to requests for information within 5 business days, unless the County or Clerk of Courts and Comptroller agree to an alternative response time. 5.2 Compliance with Laws. The Recipient shall comply at all times with all applicable federal, state, and local laws, rules, and regulations. 5.3 Quarterly Performance Reports. The Recipient shall submit quarterly, cumulative, Performance Reports to the Human Services Department of the County within fifteen (15) business days following: December 31, March 31, June 30, and September 30. These reports should include but not limited to the number of unduplicated children served during the quarter, and the progress the agency has made toward meeting their goals and objectives as they stated in their RFP response. 5.3.1 Attendance Tracking. Funded programs are required to submit quarterly attendance reports to the County. These reports will detail participant numbers and demographic information, facilitating an accurate evaluation of program reach and impact. 5.4 Site Visits. In support of effective coaching, feedback, and assistance to agencies, site visits will be jointly conducted by CSAC staff and, when available, a committee -appointed representative from the Children's Services Advisory Committee. These visits will provide valuable insights into program implementation, alignment with stated objectives, and potential areas for improvement. This comprehensive assessment approach ensures the optimal development of the funded programs. 5.5 Audit Requirements. If Recipient receives $100,000 or more in the aggregate from all Indian River County government funding sources, the Recipient is required to have an audit completed by an independent certified public accountant at the end of the Recipient's fiscal year. Within 180 days of the end of the Recipient's fiscal year, the Recipient shall submit the audit to the Indian River County Office of Management and Budget. The fiscal year will be as reported on the application for funding, and the Recipient agrees to notify the County prior to any change in the fiscal period of Recipient. The Recipient acknowledges that the County may deny funding to any Recipient if an audit required by this Contract for a prior fiscal year is past due and has not been submitted by May 1. 5.5.1 The Recipient further acknowledges that, promptly upon receipt of a qualified opinion from their independent auditor, such qualified opinion shall immediately be provided to the Indian River County Office of Management and Budget. The qualified opinion shall thereupon be reported to the Children's Services Advisory Committee and, after consultation with the Indian River County Office of Management and Budget and the Clerk's Auditor, funding under this Contract may cease immediately. The foregoing termination right is in addition to any other right of the County to terminate this Contract. 5.5.2 The Indian River County Office of Management and Budget reserves the right at any time to send a letter to the Recipient requesting clarification if there are any questions regarding a part of the financial statements, audit comments, or notes. 5.6 Insurance Requirements. Recipient shall, no later than October 1, 2024, provide to the Indian River County Risk Management Division a certificate or certificates issued by an insurer or insurers authorized to conduct business in Florida that is rated not less than category A-: VII by A.M. Elat subject to approval by Indian River County's risk manager, of the following types and amounts of insurance: (i) Commercial General Liability Insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors; (ii) Business Auto Liability Insurance in an amount not less than $1,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos and other vehicles, hired autos and other vehicles, non -owned autos and other vehicles; and (iii) Workers' Compensation and Employer's Liability (current Florida statutory limit). (iv) In the event that children are supervised, Sexual Molestation Liability Insurance in an amount not less than $1,000,000 each occurrence/claim. 5.7 Insurance Administration. The insurance certificates, evidencing all required insurance coverages shall be fully acceptable to County in both form and content, and shall provide and specify that the related insurance coverage shall not be cancelled without at least thirty (30) calendar days prior written notice having been given to the County. In addition, the County may request such other proofs and assurances as it may reasonably require that the insurance is and at all times remains in full force and effect. Recipient agrees that it is the Recipient's sole responsibility to coordinate activities among itself, the County, and the Recipient's insurer(s) so that the insurance certificates are acceptable to and accepted by County within the time limits set forth in this Contract. The County shall be listed as an additional insured on all insurance coverage required by this Contract, except Workers' Compensation insurance. The Recipient shall, upon ten (10) days' prior written request from the County, deliver copies to the County, or make copies available for the County's inspection at Recipient's place of business, of any and all insurance policies that are required in this Contract. If the Recipient fails to deliver or make copies of the policies available to the County; fails to obtain replacement insurance or have previous insurance policies reinstated or renewed upon termination or cancellation of existing required coverages; or fails in any other regard to obtain coverages sufficient to meet the terms and conditions of this Contract, then the County may, at its sole option, terminate this Contract. 5.8 Indemnification. The Recipient shall indemnify and save harmless the County, its agents, officials, and employees from and against any and all claims, liabilities, losses, damage, or causes of action which may arise from any misconduct, negligent act, or omissions of the Recipient, its agents, officers, or employees in connection with the performance of this Contract. 5.9 Public Records. The Recipient agrees to comply with the provisions of Chapter 119, Florida Statutes (Public Records Law). The Recipient shall comply with Florida's Public Records Law. Specifically, the Recipient shall: (1) Keep and maintain public records that ordinarily and necessarily would be required by the County in order to perform the service. 172 (2) Provide the public with access to public records on the same terms and conditions that the County would provide the records and at a cost that does not exceed the cost provided in chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the County all public records in possession of the Recipient upon termination of the Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the County in a format that is compatible with the information technology systems of the County. Failure of the Recipient to comply with these requirements shall be a material breach of this Agreement. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 PUBLICRECORDS(-IRCGOV.COM Indian River County of the County Afton, 1801 27"' Street Vero Beach, FL 32960 6. Termination. This Contract may be terminated by either party, without cause, upon thirty (30) days prior written notice to the other party. In addition, the County may terminate this Contract for convenience upon ten (10) days prior written notice to the Recipient if the County determines that such termination is in the public interest. 7. Availability of Funds. The obligations of the County under this Contract are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 8. Standard Terms. This Contract is subject to the standard terms attached hereto as Exhibit D and incorporated herein in its entirety by this reference. 9. Sovereign Immunity. Nothing herein shall constitute a waiver of the County's sovereign immunity. 10. Notification. Recipient shall notify County of all changes in Recipient's senior management and of any litigation filed against or by Recipient. 173 IN WITNESS WHEREOF, County and Recipient have entered into this Contract on the date first above written. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Approved as to form and legal sufficiency: Approved: John A. Titkanich, Jr., ICMA-CM, AICP Bill DeBraal, County Attorney County Administrator RECIPIENT: By: Nai 0 174 EXHIBIT A [Copy of Proposal Cover Page and Funder Budget] 0 175 EXHIBIT B v INDIAN RIVER COUNTY CHILDREN'S SERVICES ADVISORY COMMITTEE ' REIMBURSEMENT REQUEST - 2023/24 INQUER # t t 6raM Award Amount Prior Disbursamonts Ramabt Current ilaimbursement . - � �" <;±.� 5" st t xa.x x } `� ';` S ., `khyS;ki ♦ ,, +Ac t � � + g%„y a�, `�zx t� uw�y �. , X.:, d., id •. i Payment Total Date Payee/Vendor Expense Explanation Expense Type Proof of Payment* (e.g., salary, benefits, supplies) (e.g., invoice, paystub) ) 7 77 4 I i i e A �".r, .� � � ✓ � a Via., � �r : �, "�€� - � .+ - - T - *Expenses must include itemized origin voice and receipt or canceled check as proof of payment. *Salaries must show a breakdown the hours paid by type (e.g., regular, sick, vacation). i 1 hereby certify that the above costs are true and valid costs, incurred in accordance with the program funding agreement. I further attest that the above costs were not nor will be, reimbursed through other funding sources. s { Name and Title Signature Date { j ( i 3 E S 176 i EXHIBIT C [From policy adopted by Indian River County Board of County Commissioners on August 16, 2022.] "D. Nonprofit Agency Responsibilities After Award of Funding 1. Indian River County provides funding to all nonprofit agencies on a reimbursement basis only. 2. All reimbursable expenses must be documented by an invoice and/or a copy of the canceled check. Any expense not documented properly to the satisfaction of the Office of Management & Budget and/or the County Administrator may not be reimbursed. 3. If an agency repeatedly fails to provide adequate documentation, this may be reported to the Board of County Commissioners. In the event an agency provides inadequate documentation on a consistent basis, funding may be discontinued immediately. Additionally, this may adversely affect future funding requests. 4. Expenditures may only be reimbursed from the fiscal year for which funding was awarded. For example, no expenditures prior to October 1St may be reimbursed with funds from the following year. Additionally, if any funds are unexpended at the end of a fiscal year, these funds are not carried over to the next year unless expressly authorized by the Board of Commissioners. 5. All requests for reimbursement at fiscal year-end (September 30th) must be submitted on a timely basis. Each year, the Office of Management & Budget will send a letter to all nonprofit agencies advising of the deadline for reimbursement requests for the fiscal year. This deadline is typically early to mid-October, since the Finance Department does not process checks for the prior fiscal year beyond that point. 6. Each reimbursement request must include a summary of expenses by type. These summaries should be broken down into salaries, benefits, supplies, contractual services, etc. If Indian River County is reimbursing an agency for only a portion of an expense (e.g. salary of an employee), then the method for this portion should be disclosed on the summary. The Office of Management & Budget has summary forms available. 7. Indian River County will not reimburse certain types of expenditures. These expenditure types are listed below. a. Travel expenses for travel outside the County including but not limited to; mileage reimbursement, hotel rooms, meals, meal allowances, per diem, and tolls. Mileage reimbursement for local travel (within Indian River County) is allowable. b. Sick or Vacation payments for employees. Since agencies may have various sick and vacation pay policies, these must be provided from other sources. c. Any expenses not associated with the provision of the program for which the County has awarded funding. d. Any expense not outlined in the agency's funding application. 8. The County reserves the right to decline reimbursement for any expense as deemed necessary." 177 EXHIBIT D STANDARD TERMS FOR GRANT CONTRACT 1. Notices: Any notice, request, demand, consent, approval or other communication required or permitted by this Contract shall be given or made in writing, by any of the following methods: facsimile transmission; hand delivery to the other party; delivery by commercial overnight courier service; or mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: County: Human Services Division Indian River County 1800 27TH Street Vero Beach, Florida 32960-3365 Recipient: 2. Venue; Choice of Law: The validity, interpretation, construction, and effect of this Contract shall be in accordance with and governed by the laws of the State of Florida, only. The location for settlement of any and all claims, controversies, or disputes, arising out of or relating to any part of this Contract, or any breach hereof, as well as any litigation between the parties, shall be Indian River County, Florida for claims brought in state court, and the Southern District of Florida for those claims justifiable in federal court. 3. Entirety of Aqreement: This Contract incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings concerning the subject matter of this Contract that are not contained herein. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representations or agreements, whether oral or written. It is further agreed that no modification, amendment or alteration in the terms and conditions contained herein shall be effective unless contained in a written document signed by both parties. 4. Severability: In the event any provision of this Contract is determined to be unenforceable or invalid, such unenforceability or invalidity shall not affect the remaining provisions of this Contract, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. To that extent, this Contract is deemed severable. 5. Captions and Interpretations: Captions in this Contract are included for convenience only and are not to be considered in any construction or interpretation of this Contract or any of its provisions. Unless the context indicates otherwise, words importing the singular number include the plural number, and vice versa. Words of any gender include the correlative words of the other genders, unless the sense indicates otherwise. 6. Independent Contractor: The Recipient is and shall be an independent contractor for all purposes under this Contract. The Recipient is not an agent or employee of the County, and any and all persons engaged in any of the services or activities funded in whole or in part performed pursuant to this Contract shall at all times and in all places be subject to the Recipient's sole direction, supervision, and control. 7. Assignment: This Contract may not be assigned by the Recipient without the prior written consent of the County. 178 R,.W. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr. County Administrator FROM: Eric Charest, Interim Natural Resources Director SUBJECT: Amendment No. 1— FDEP Grant Agreement No. 211R1 (Vero Beach Restoration— Beach Management Sector 5) DATE: January 3, 2024 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2020/2021 funding to assist eligible governmental entities for beach erosion control activities underthe Florida Beach Management Funding Assistance Program. On May 19, 2021, FDEP entered into Local Government Funding Request (LGFR) Grant Agreement No. 211111 with Indian River County, committing up to $326,329 at a 46.65% State/53.35% County cost share ratio for construction and post -construction required monitoring costs associated with a Sector 5 Beach and Dune Restoration Project. Indian River County's Sector 5 Beach and Dune Restoration Project completed construction in March of 2020 but requires on-going post - construction monitoring to take place over the next 4 years. On October 27, 2023, County staff requested the FDEP issue an extension to the terms of Grant 211111. Construction of the Sector 5 Beach and Dune Restoration project was completed in March of 2020, but due to on-going discussions with Federal Emergency Management Agency (FEMA) and Florida Division of Emergency Management (FDEM) representatives, the final non -Federal costs associated with the project have not yet been determined. FDEP Grant 211R1 identifies a cost share between the State and County for non -Federally reimbursed expenses. The Federal reimbursement strategy must first be finalized before cost share eligible expenses under this grant can be submitted for reimbursement. Amendment No.1 maintains the same funding total in Grant 21IR1 and also extends the Deliverable Due Dates through to September 30, 2024, reflecting a twelve (12) month extension to the deadlines for the Grant. The FDEP granted extension is anticipated to allow time for all agencies making funds available for the County's Sector 5 Beach and Dune Project to agree on their respective allocations, thus allowing for the County to cost -share the non-federal costs under this grant. The attached amendment maintains FDEP's commitment of up to $326,329.00 in cost -share funding to the County's local cost share of up to $373,196.00 for construction and post construction related monitoring expenses forthe County's Sector 5 Beach and Dune Restoration Project in which construction was completed in March 2020. FUNDING No additional costs will be incurred to accept this grant extension. 179 FDEP Grant 211R1 Amendment #1 January 23, 2024 BCC Meeting RECOMMENDATION Staff recommends the Board approve FDEP Amendment No.1 to FDEP LGFR Grant Agreement No. 211R1 and authorize the Chairman to sign the Amendment on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment to the State forfinal signatures. Upon receipt of the fully executed FDEP Grant Agreement 211111 Amendment No.1 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. ATTACHMENTS 1. FDEP Grant Agreement 21IR1_A1 APPROVED AGENDA ITEM FOR: JANUARY 23, 2024 180 AMENDMENT NO.1 TO AGREEMENT NO.21IR1 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. 21IR1 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801 27th Street, Building A, Vero Beach, Florida 32960 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for the Vero Beach Restoration Project — Sector 5 effective May 19, 2021; and WHEREAS, the Grantee has requested an extension to the Agreement and the Department has agreed; and WHEREAS, the parties wish to amend the Agreement as set forth herein; NOW THEREFORE, the parties agree as follows: 1) The Agreement is extended for a twelve (12) month period to begin January 1, 2024, and remain in effect until December 31, 2024. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2) Attachment 1, Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-A, Revised Standard Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 1 shall hereinafter refer to Attachment 1-A, Revised Standard Terms and Conditions. 3) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A, Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms and Conditions. 4) Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-A, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-A, Revised Grant Work Plan. 5) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Indian River County LIN Date: Agreement No.: 21IR1 Florida Department of Environmental Protection LIM Secretary or Designee Date: 1 of 2 Amendment No.: 1 Rev. 7/18/2023 181 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 1-A Revised Standard Terms and Conditions (13 pages) Attachment 2-A Revised Special Terms and Conditions (3 pages) Attachment 3-A Revised Grant Work Plan (4 pages) Agreement No.: 21IRI - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - 2 of 2 Amendment No.: 1 Rev. 7/18/2023 182 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1-A 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-A 1 of 13 Rev. 9/15/2023 183 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-A 2of13 Rev. 9/15/2023 184 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.mvfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments (i.e., cost reimbursement) under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if- i. fi. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridaiobs.org/communiiy-planning-and-development/rural-communi"- rograms/rural-areas-of- opportunity. f. 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. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1-A 3of13 Rev. 9/15/2023 185 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. 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. i. 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. j. 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. k. 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: hMs://www.myfloridacfo. com/division/aa/local-govemments/j udgement-interest-rates. 1. 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 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: 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 69I-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 Attachment 1-A 4of13 Rev. 9/15/2023 186 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 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. Attachment 1-A 5of13 Rev. 9/15/2023 187 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. 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. Attachment 1-A 6of13 Rev. 9/15/2023 188 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 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 Attachment 1-A 7of13 Rev. 9/15/2023 189 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. 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 Attachment 1-A 8of13 Rev. 9/15/2023 190 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. 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 Attachment 1-A 9of13 Rev. 9/15/2023 191 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. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: fts://www.epa.jzov/invest/investing-aTnerica-signae. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. 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. 27. 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 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. 28. 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 Attachment 1-A 10 of 13 Rev. 9/15/2023 192 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 of. (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: hqp://dos.Myflorida. com/librM-archives/records-management/general-records-schedules/). 29. 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: http s:\\apps. fl dfs. 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 subrecipient's, 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. 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 Attachment 1-A 11 of 13 Rev. 9/15/2023 193 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. 30. 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. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. 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 firms 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. 33. 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. 34. 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. 35. 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 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. 36. 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. Attachment 1-A 12 of 13 Rev. 9/15/2023 194 37. 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. 38. 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. 39. 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. 40. 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-A 13 of 13 Rev. 9/15/2023 195 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO.211RI ATTACHMENT 2-A 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 Vero Beach Restoration — Sector 5. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on January 1, 2019 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 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. N ❑ 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 See Attachment 3, Grant Work Plan. Attachment 2-A 1 of 3 Rev. 8/8/2023 196 8. Insurance Requirements 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. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. 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. Attachment 2-A 2of3 Rev. 8/8/2023 197 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. None. Attachment 2-A 3 of 3 Rev. 8/8/2023 198 ATTACHMENT 3-A REVISED GRANT WORK PLAN PROJECT TITLE: Vero Beach Restoration — Sector 5 PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R70 and R86 along the Atlantic Ocean in Indian River County, Florida. PROJECT BACKGROUND: The Vero Beach Restoration Project consists of a restoration of 3.1 miles of shoreline between DEP reference monuments R70 and R86 in Indian River County. The County conducted a feasibility study in 2017 and the final design was completed in 2018. The restoration will have a federal cost share from FEMA to address damages from Hurricanes Irma and Matthew. PROJECT DESCRIPTION: The Project consists of construction and monitoring. PROJECT ELIGIBILITY: The Department has determined that 93.3 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $326,329.00 for this Project or up to 46.45 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in section 112.061, Florida Statute (F.S.). Pursuant to sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: hgps:Hfloridadep. gov/sites/default/files/PhysicalMonitoringStandards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. DEP Agreement No. 21181, Amendment 1, Attachment 3-A, Page 1 of 4 199 Acronyms: DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. — Florida Statutes FEMA — Federal Emergency Management Agency FWC — Florida Fish and Wildlife Conservation Commission TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 2: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with section 287.057(19)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with section 287.057(19)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction DEP Agreement No. 21IR1, Amendment 1, Attachment 3-A, Page 2 of 4 200 environmental monitoring services, or when the Project engineering consultant firm subcontracts for post - construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit -required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost DEP Agreement No. 21IR1, Amendment 1, Attachment 3-A, Page 3 of 4 201 State Federal Task # Eligible Project Tasks Cost EstimatedShare DEP Local Total Project (%) Costs 1.1 Construction (Federal) 46.65% $111,876.00 $17,397.00 $19,895.00 $149,168.00 1.2 Construction (Non -Federal) 46.65% $208,634.00 $238,599.00 $447,233.00 2 Monitoring 46.65% $100,298.00 $114,702.00 $215,000.00 TOTAL PROJECT COSTS $111,876.00 $326,329.00,$373,196.00, $811,401.00 DEP Agreement No. 21IR1, Amendment 1, Attachment 3-A, Page 3 of 4 201 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task No. Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date 1 Construction Contractual Services $226,031.00 1/1/2019 9/30/2024 2 Monitoring Contractual Services $100,298.00 1/1/2019 9/30/2024 Total: 1 $326,329.00 Note that, per paragraph 8.h. of the agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Local Sponsor with this and future requests for extension. DEP Agreement No. 21IR1, Amendment 1, Attachment 3-A, Page 4 of 4 202 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM X. TO: Board of County Commissioners THROUGH: John Titkanich, Jr. County Administrator FROM: Eric Charest, Interim Natural Resources Director SUBJECT: Amendment No. 4 — FDEP Grant Agreement No. 171R2 (Wabasso (Indian River Sector 3) Beach Restoration) DATE: January 9, 2024 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2016/2017 funding to assist eligible governmental entities for beach erosion control activities underthe Florida Beach Management Funding Assistance Program. On February 26, 2018, FDEP entered into Local Government Funding Request (LGFR) Grant Agreement No. 171R2 with Indian River County; committing up to $250,000, at a cost share ratio of 50% State - 50% Local, for permit -required construction related monitoring of the Sector 3 Beach and Dune Restoration Project. On June 22, 2018, Grant Agreement 171R2 was amended by the FDEP to increase amount of funding by $643,102.60 (at a cost share ratio of 50% State - 50% Local) as a result of unused funds from a prior LGFR grant issued to the County for Sector 3 Beach and Dune repairs (LGFR 141R2). Amendment No. 1 increased the total eligible grant project costs under LGFR 171R2 to $893,102.60 at a cost share ratio of 50% State — 50% Local. On May 4, 2021, in response to a request from the County to FDEP for an extension to the Task End Dates identified in the original agreement and Amendment No. 1, FDEP issued Amendment No. 2 to Grant 171R2. Amendment No. 2 maintained the same funding levels, but extended the Task End Dates through to September 30, 2022, reflecting a twenty (20) month extension. In granting this initial extension amendment, the FDEP considered the size and complexity of the Sector 3 project as well as the need to split up construction over two (2) construction seasons in order to grant the extension. On July 29, 2022, County staff requested the FDEP issue Amendment No. 3 to further extend the terms of Grant 171112. Amendment No. 3 was executed on December 29, 2022, extending the Task End Dates through to June 30, 2023, reflecting a nine (9) month extension to the deadlines for the completion of all tasks and submittal of deliverables. Although construction of the Sector 3 Beach and Dune Restoration project was completed in March of 2022, the non -Federal costs associated with the project have not yet been finalized. Discussions with Federal Emergency Management Agency (FEMA) and Florida Division of Emergency Management (FDEM) representatives continue to take place, but due to these on-going talks, the County on October 23, 2023 had once again requested an extension be made to the timelines identified in FDEP Grant 171R2. Amendment No. 4 offered bythe FDEP maintains the same fundingtotal in Grant 171R2 and also extends the Deliverable Due Dates through to September 30, 2024, reflecting a twelve (12) month extension to the deadlines for the grant. The FDEP granted extension is anticipated to allow time for all agencies making funds available for the County's Sector 3 Beach and Dune Project to agree on their respective allocations, thus allowing for the County to cost -share the non-federal costs under this grant. 203 FDEP Grant 171R2 Amendment #4 January 23, 2024 BCC Meeting The attached amendment maintains FDEP's commitment of up to $446,551.30 in cost -share funding to the County's local cost share of up to $446,551.30, totaling up to $893,102.60 for monitoring and design related expenses for the County's Sector 3 Beach and Dune Restoration Project. FUNDING No additional costs will be incurred to accept this grant extension. RECOMMENDATION Staff recommends the Board approve FDEP Amendment No. 4 to FDEP LGFR Grant Agreement No. 171R2 and authorize the Chairman to sign the Amendment on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment to the State for final signatures. Uponreceipt of the fully executed FDEP Grant Agreement 171R2 Amendment No. 4 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. ATTACHMENTS 1. FDEP Grant Agreement 171R2—A4 APPROVED AGENDA ITEM FOR: JANUARY 23, 2024 204 AMENDMENT NO.4 TO AGREEMENT NO. 171112 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. 17IR2, as previously amended, (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801 27th Street, Vero Beach, Florida 32960 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Wabasso (Indian River Sector 3) Beach Restoration effective February 26, 2018; and WHEREAS, the Grantee has requested an extension to the Agreement and the Department has agreed; and WHEREAS, the parties wish to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1) The Agreement is extended for a twelve (12) month period to begin January 1, 2024, and remain in effect until December 31, 2024. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. 2) Attachment 1, Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-A, Revised Standard Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 1 shall hereinafter refer to Attachment 1-A, Revised Standard Terms and Conditions. 3) Attachment 2, Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-A, Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2 shall hereinafter refer to Attachment 2-A, Revised Special Terms and Conditions. 4) Attachment 3-C, Third Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-D, Fourth Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-C shall hereinafter refer to Attachment 3-D, Fourth Revised Grant Work Plan. 5) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Indian River County By: Title: Date: Agreement No.: 17IR2 Rev. 3/1/2022 Florida Department of Environmental Protection LN Secretary or Designee Date: 1 of 2 Amendment No.: 4 205 LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Type Letter/Number Description Attachment 1-A Revised Standard Terms and Conditions (13 pages) Attachment 2-A Revised Special Terms and Conditions (3 pages) Attachment 3-13 Fourth Revised Grant Workplan (4 Pages) - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Agreement No.: 17M Amendment No.: 4 2 of 2 Rev. 3/1/2022 206 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACIMIENT 1-A 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 parties. 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 terns 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-A 1 of 13 Rev. 9/15/2023 207 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-A 2of13 Rev. 9/15/2023 208 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.mvfloridacfo.com/docs-sVaccounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments (i.e., cost reimbursement) under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: haps://floridaj obs.org/community-planniniz-and-development/rural-community-programs/rural-areas-of- opportunity. f. 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. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the defmition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1-A 3of13 Rev. 9/15/2023 209 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. 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. i. 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. j. 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. k. 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.myfloridacfo. com/division/aa/local-governments/j udgement-interest-rates. 1. 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 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: 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 69I-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 Attachment 1-A 4of13 Rev. 9/15/2023 210 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 renta]/]ease 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 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. Attachment 1-A 5of13 Rev. 9/15/2023 211 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. 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. Attachment 1-A 6of13 Rev. 9/15/2023 212 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 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 Attachment 1-A 7of13 Rev. 9/15/2023 213 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. 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 Attachment 1-A 8of13 Rev. 9/15/2023 214 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. 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 Attachment 1-A 9of13 Rev. 9/15/2023 215 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. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: https://www.er)a.gov/invest/investiniz-aTnerica-siggage. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. 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. 27. 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 287.058(6), F.S., during the tern 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. 28. 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 Attachment 1-A 10 of 13 Rev. 9/15/2023 216 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 of. (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: http://dos.myflorida.com/libraa-archives/records-mana eg ment/tzeneral-records-schedules. 29. 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: haps:\\apps. 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 subrecipient's, 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. 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 Attachment 1-A 11 of 13 Rev. 9/15/2023 217 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. 30. 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. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. 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. 33. 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. 34. 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. 35. 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 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. 36. 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. Attachment 1-A 12 of 13 Rev. 9/15/2023 218 37. 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. 38. 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. 39. 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. 40. 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-A 13 of 13 Rev. 9/15/2023 219 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO. 17IR2 ATTACHMENT 2-A 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 the Wabasso (Indian River Sector 3) Beach Restoration. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on January 1, 2018 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 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 See Attachment 3, Grant Work Plan. Attachment 2-A 1 of 3 Rev. 8/8/2023 220 8. Insurance Requirements 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. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. 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. Attachment 2-A 2 of 3 Rev. 8/8/2023 221 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. None. ment 2-A of 3 222 ATTACHMENT 3-D FOURTH REVISED GRANT WORK PLAN PROJECT TITLE: Wabasso (Indian River Sector 3) Beach Restoration PROJECT LOCATION: The Project is located between Department of Environmental Protection (DEP) reference monuments R20 and R51.3 along the Atlantic Ocean in Indian River County. PROJECT BACKGROUND: The Wabasso (Indian River Sector 3) Beach Restoration project consists of restoration of approximately 6.1 miles of shoreline between DEP Monuments R20 and R51 .3 in Indian River County. Phase I of the construction was completed in 2010 and Phase II was completed in 2012. Due to damages sustained during Hurricane Sandy, minor emergency repairs were constructed in 2012 and a full storm repair project was constructed in the winter of 2014/2015. Sector 3 was impacted from Hurricanes Matthew (2016) and Irma (2017) necessitating additional design and permitting for the repair of the entire project area. PROJECT DESCRIPTION: The project consists of permit required monitoring and design. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $446,551.30 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in section 112.061, Florida Statute (F. S.). Pursuant to sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: htMs://floridadep. gov/sites/default/files/PhysicalMonitoringStandards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. DEP Agreement No. 17IR2, Amendment 4, Attachment 3-D, Page 1 of 4 223 Acronyms: DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. — Florida Statutes FEMA — Federal Emergency Management Agency FWC — Florida Fish and Wildlife Conservation Commission TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Monitoring State and federal monitoring required by permit is eligible for reimbursement pursuant to program statute and rule. In order to comply with Florida Auditor General report 2014-064 regarding conflicts of interest and to be consistent with section 287.057(19)(a)(1), F.S., all monitoring data and statistical analysis must be provided directly and concurrently from the monitoring contractor to the Department/Local Sponsor permittee/engineering consultant. The Local Sponsor's engineering consultant must provide an adequate mitigation plan, consistent with section 287.057(19)(a)(1), F.S., including a description of organizational, physical, and electronic barriers to be used by the Local Sponsor's engineering consultant, that addresses conflicts of interest when contracting multi -disciplinary firms for Project engineering and post -construction environmental monitoring services, or when the Project engineering consultant firm subcontracts for post - construction environmental monitoring. Environmental monitoring includes hardbottom, seagrass, and mangrove resources. Department approval of the consultant's mitigation plan will be required prior to execution of this Agreement. If at any time the Local Sponsor and/or its engineering consultant fails to comply with this provision, the Local Sponsor agrees to reimburse the Department all funds provided by the Department associated with environmental monitoring for the Project listed. Task Description: This task includes activities associated with permit -required monitoring conducted in accordance with the conditions specified by state or federal regulatory agencies. All monitoring tasks must be located within or adjacent to the Project area and follow the Department's Regional Coastal Monitoring Program and FWC's marine turtle and shorebird monitoring programs. Guidance for monitoring of nearshore resources is available in the Department's Standard Operation Procedures For Nearshore Hardbottom Monitoring Of Beach Nourishment Projects. The Local Sponsor must submit work products directly to the appropriate state or federal regulatory agencies in accordance with permit conditions to be eligible for reimbursement under this task, unless otherwise directed. Deliverable: For each interim or final payment, the Local Sponsor will provide a Task Summary Report signed by Local Sponsor containing; 1) An itemized listing of all monitoring activities completed or in progress during the payment request period and, 2) Documentation of submittal to state and federal regulatory agencies of completed monitoring data, surveys and final reports for permit -required work under this task description. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. DEP Agreement No. 17M, Amendment 4, Attachment 3-D, Page 2 of 4 224 Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Task 2: Design Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost Task # Eligible Project Tasks State Federal Cost Estimated Share Project (%) Costs DEP Local Total 1 Monitoring 50.00% $0.00 $120,461.90 $120,461.90 $240,923.80 2 Design 50.00010 $0.00 $326,089.40 $326,089.40 $652,178.80 TOTAL PROJECT COSTS 1 1 $0.001 $446,551.301$446,551.301$893,102.60 DEP Agreement No. 17HU, Amendment 4, Attachment 3-1), Page 3 of 4 225 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task No Task Title Budget Category Budget Amount Task Start Date Deliverable Due Date 1 Monitoring Contractual Services $120,461.90 01/01/2018 09/30/2024 2 Design Contractual Services $326,089.40 01/01/2018 09/30/2024 Total: $446,551.30 Note that, per paragraph 8.h of the agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Local Sponsor with this and future requests for extension. DEP Agreement No. 17M, Amendment 4, Attachment 3-D, Page 4 of 4 226 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Date: December 21, 2023 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator From: Beth Powell, Parks, Recreation & Conservation Director Subject: United Way Pickleball Tournament License Agreement BACKGROUND: United Way of Indian River County "UWIRC" is a non-profit organization that has been serving Indian River County since 1961. UWIRC partners with health and human service agencies, businesses, community leaders, and public and private sector entities across the community to create action plans that address and work toward solving the critical needs affecting Indian River County's population. DESCRIPTION AND CONDITIONS: On August 11, 2023, the UWIRC contacted Recreation staff about the possibility of hosting a fundraising pickleball tournament at the new pickleball complex at Dick Bird (South County) Regional Park in March of 2024. Fees for reserving the new facility have been drafted and will be brought to the Board for approval in 2024. The attached License Agreement and fee schedule contemplates the proposed non-profit rate which will be formally approved by the Board under a separate item. FUNDING: No funding is required for the subject task. The resulting approval will provide revenue to the South County Rentals Account shown in the table below. Atmmt Dacription Aocov*Xombw Amoant MSTU/Svc Charges/South County Rentals (Revenue Account) 004034-347219 $2,130.00 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the License Agreement with United Way of Indian River County Inc. and authorize the Chairman to execute the agreement after review and approval for legal sufficiency by the County Attorney. ATTACHMENTS: Indian River County Parks Recreation and Conservation License Agreement for United Way of Indian River County, Inc. (dated 12/15/2023) APPROVED AGENDA ITEM FOR JANUARY 23,202 227 INDIAN RIVER COUNTY PARKS RECREATION & CONSERVATION LICENSE AGREEMENT License Preparation Date: December 15, 2023 License Duration: March 15-16,2024 Organization: United Way of Indian River Contact Name: Jessica Schmitt County Inc. Address: 183614th Avenue Phone: 772-567-8900 City/State/Zip Code: Vero Beach, FL 32960 E -Mail: Jessica.schmitt@unitedwayirc.org Name of Event: St. Paddles Day Pickleball Expected 200 Tournament Attendance: Event Time: 3/15 5-9p.m. & 3/16 8a.m: 8p.m. Load -Out Load -In Daterrime: 4:00 p.m. Datefrime: 3/16/24 9:00 p.m. WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Dick Bird (South County) Regional Park, and subsequent twelve (12) court pickleball complex within the Park, located in Indian River County, Florida, (the "Courts"); and WHEREAS, the County has the authority to issue and/or execute, and United Way of Indian River County, Inc., (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the Courts, which Applicant has inspected and hereby acknowledges to be sufficient for its intended purpose and/or use contemplated hereunder; and WHEREAS, Applicant warrants to the County that it is qualified and authorized to do business in the State of Florida and Indian River County, Florida and has or will obtain and maintain the proper certification, licensure, insurance, permits and all other requirements pursuant to federal, state and local laws, statutes, ordinances, rules and regulations necessary to conduct any and all activities contemplated herein, and to satisfactorily perform its obligations as herein required; and WHEREAS, the Applicant acknowledges that the use of the Courts is subject to and expressly conditioned by section 205.04 (Permits) of the Indian River County Code of Ordinances, if applicable at the time of the License Duration, which are hereby incorporated by reference when applicable; NOW, THEREFORE, for and in consideration of the use of the Courts and other valuable consideration, the legal sufficiency of which is hereby acknowledged by both parties, and of the mutual covenants herein contained, the parties, as indicated by their authorized representatives' signatures below, hereby agree to the terms and conditions set forth herein: A. PARK, PRENUSES & EVENT SCHEDULE: This Indian River County Parks, Recreation & Conservation License Agreement ("License Agreement") applies to all events for the use of the Courts. The areas, personnel and facilities of the Courts which Applicant may apply for a permit, license, or use hereunder are more particularly described as Indian River County Parks, Recreation & Conservation License Agreement PagJJg'11 Initials I. Facilities & II. Amenities (Reference Exhibit A & Exhibit B) (the "Premises"), which Applicant acknowledges to be sufficient, as is, for its intended purpose and/or use contemplated hereunder. 2. Applicant may use and have access to the Premises for a period, commencing on the dates outlined in Exhibit B at 4:OOpm on March 15, 2024, and ending at 9:OOpm on March 16, 2024, ("License Duration"), which License Duration shall include set-up, removal and clean-up of Applicants property. Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to Parks Staff hourly rates and any overage fees as set forth in the Parks Fee Schedule attached as Exhibit B ("Fee Schedule"). B. AUTHORIZED USE, TERMS & CONDITIONS: The Premises are to be used by Applicant for the St. Paddles Day Pickleball Tournament (the "Event"). (a) The Event may include the following activities: Pickleball tournament, concession sales as permitted by Cogply Code (b) The hours of the Event shall be: 4:00 p.m. on Friday March 15, 2024 with tournaments ending by 9:00 p.m. on Saturday March 16, 2024, with load out to follow by 10:00 p.m. (c) The Event shall be used for no other purpose whatsoever, unless prior written approval is requested in writing by Applicant and given by the County which approval shall be subject to availability but not be unreasonably withheld, conditioned, or delayed so long as such request is submitted at least 15 days prior to the beginning of the tournament for the entirety of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 15. 2. Applicant agrees to pay to the County as rent, costs, expenses and taxes for the use of the Premises the following sums: (a) Rental fee for the sum of all events will be $2,130.00 plus any additional charges imposed at the request of the Applicant to be reconciled at the end of License Duration, based on the calculations on the attached Fee Schedule. A Placeholder Deposit of $415.00 ("Event Deposit"), was collected from the applicant in order to secure the Courts for the Event. The balance of the rental fee and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due thirty (30) days prior to the scheduled date of the tournament. Any incidental charges or fees not included in this Agreement at the time of execution shall be due within five (5) business days of the conclusion of the Event as described in B. Lb. (b) The Event Deposit shall be applied against the fees, costs, expenses, charges and/or delinquent payments described herein, and against any costs of repair or replacement of damages to the Courts that directly or indirectly result from the Event, whether caused by Applicant or Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors or performers, or others on the Premises at Applicant's direction or invitation. Indian River County Parks, Recreation & Conservation License Agreement PagnW it Initials The County's use of the Placeholder Deposit or any other sum described herein shall in no way constitute a waiver of any other right the County may have at law or equity. The Placeholder Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the tournament. 3. The County reserves the right to cap ticket sales depending on the capacity of the Premises because of law enforcement, sanitation, traffic control or due to other public safety issues. 4. Applicant shall be financially responsible for all charges for all materials, personnel, services and equipment that the county furnishes for the Event. This License Agreement is not a permit. As set forth in sections 205.04 (Permits), of the Indian River County Code of Ordinances, the Applicant must obtain the necessary County use permits, which require the Applicant to timely obtain approvals of plans, including but not limited to, adequate sanitation facilities and sewage disposal, parking facilities, transportation of patrons, adequate medical facilities, adequate security and traffic control. Applicant shall be responsible for all costs associated with such facilities and services. 6. The County shall have the right, after coordination with the Applicant's authorized representative, to determine in its sole discretion the level of County staff necessary to service the facilities during the License Duration. Applicant shall be responsible for all additional costs for County staff and Applicant may request additional staff as needed. 7. Payment for the tournament, as described in Exhibit B, shall be paid in full thirty (30) days prior to the start day of the tournament. Applicant's failure to make any of the payments required hereunder in a timely manner shall constitute a material breach and shall result in the immediate termination of this License Agreement. All fees, costs and expenses, including, without limitation, attorney's fees, incurred by the County in the collection of any payment due hereunder shall be reimbursed by Applicant. Applicant (including all artists, performers, entertainers, sound technicians, employees, and subcontractors of Applicant, and any other participating in the production of the Event) shall comply and ensure compliance with the following during the Event: (a) The starting hours listed above may be adjusted to begin earlier upon approval of the County. (b) The end hours as listed above may be adjusted to end later upon approval from the County. (c) Applicant must discuss the possibility of starting or ending outside of the hours listed above on the Friday before the event date. 9. Undisclosed or unpermitted activities or hours shall be cause for this License Agreement to be voidable by the County at any time during the License Duration. Undisclosed and unpermitted activities shall be subject to cancellation of the Event, and Applicant shall be subject to damages, penalties and other legal and equitable remedies including, but not limited to full payment under this License Agreement. 10. Applicant shall not assign this License Agreement or any rights hereunder or sublet the Premises without the express prior written consent of the Assistant County Administrator or his/her designee. Indian River County Parks, Recreation & Conservation License Agreement PageSo'll Initials 11. In the event that the Premises or any other portion of the Courts are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Premises, at the expense of Applicant, all goods, wares, merchandise and property of any and all kinds and descriptions placed or permitted therein by Applicant and which may be then occupying the same, and County shall not be liable for any damage or loss to such goods, wares, merchandise or other property which may be sustained either by reason of such removal or of the place to which it may be removed. Applicant hereby expressly releases County from any and all such claims for damages of whatsoever kind or nature and agrees to defend, indemnify and hold County harmless at Applicant's expense as to any claims for damages by third parties having interests in such goods, wares, merchandise and property, including costs and attorney's fees. 12. Applicant shall: (i) use and occupy the Premises in a safe and careful manner, including but not limited to properly covering any and all power cords; (ii) comply with all federal, state and local laws, statutes, rules, regulations and ordinances; (iii) use the Premises solely for the purposes provided above; (iv) not permit the Premises, or any part thereof, to be used for any unlawful purpose or in any manner that may result in or cause harm and/or damage to persons or property; (v) not post or exhibit or allow to be posted or exhibited signs, advertisements, show -bills, lithographs, posters or cards of any description inside or in front of, or on any part of the Premises, except with the prior written consent of County, which consent shall not be unreasonably withheld, conditioned, or delayed; and (vi) deliver to the County the Premises in as good a condition and repair, including all necessary trash or waste removal, as the same shall be found at the beginning of the License Duration. Additionally, Applicant: (a) assumes all costs arising from the use of patented, trademarked or copyrighted materials, equipment, devices, processes, or dramatic rights used on or incorporated in the conduct of the Event. Applicant shall defend, indemnify and hold County harmless at Applicant's expense from all suits, actions, proceedings, damages, costs and expenses in law or equity, including attorney's fees, for or on account of any patented, trademarked or copyrighted materials, equipment, devices, processes or dramatic rights furnished or used by Applicant or its employees, invitees, licensees, contractors, assignees, performers, contestants and exhibitors, in connection herewith. (b) shall not alter landscaping, fencing or any permanent structure nor shall there be any obstruction to ingress and egress to and from the Premises without the express written consent by the County. (c) acknowledges that the County shall have the sole right to collect and have the custody of articles left at the Premises by persons attending any Event given or held on the Premises, and Applicant or any person in Applicant's employ shall not collect or interfere with the collection or custody of such articles. (d) acknowledges that the County reserves the right to eject any persons reasonably deemed violent or otherwise dangerous to health, safety and welfare. Indian River County Parks, Recreation & Conservation License Agreement Pag?,94f 11 Initials (e) acknowledges that in the event that the park's Thorguard lightning detention system sounds an alarm warning the public about the proximity of lightning in the area, the applicant will stop play and clear the Courts until the all clear sound is made by the system. (f) acknowledges that the County may immediately terminate the Event if the National Weather Service issues a severe weather warning, or imminent severe weather conditions develop in the area indicating a risk to public safety, or a state of emergency has been declared. Applicant hereby waives any rights and all claims for damages against the County that may result from the exercise of the rights reserved herein. i. In the event any part of the Courts are damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the applicant. (f) represents and warrants to the County that Applicant's employees, invitees, licensees, contractors, assignees, contestants, exhibitors and performers by their speech, song, music, conduct or manner will not violate or incite others to violate any statute, law, ordinance, rule, regulation or order of any federal, state, municipal or other governmental authority. 13. The County and its officers, agents and employees engaged in the operation and maintenance of the Premises reserve the right to enter upon and to have free access to the Premises at any and all times, which reservation is hereby acknowledged and agreed to by Applicant. 14. Applicant releases and forfeits any right of action against the County or its members, officials, employees and agents from any liabilities, claims for damages, losses, and costs which arise out of or in connection with the Events and to the fullest extent permitted by law, indemnifies, defends and saves the County and County's members, officials, officers, employees and agents harmless (1) against all liability, claims for damages, and suits for or by reason of any injury to any person, including death, and damage to any property for every cause in any way connected with the Event irrespective of negligence, actual or claimed, upon the part of the County, its agents and employees, except where caused by the willful and wanton acts of County officials, officers, employees and agents, and (2) from all expenses incurred by the County for police protection, fire protection and emergency medical services, restoration and clean up, sanitation and maintenance costs and expenses that are required to preserve public order and protect public health, welfare and safety on the Premises of the Event. 15. At least 30 days prior to the License Duration, the Applicant shall, without limiting Applicant's liability submit certificates of insurance naming "Indian River County, FL" as additional insured and shall: Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: Schedule Limits Commercial General Liability — No more restrictive than J$ 1,000,000 Each Occurrence Combined ISO Form CG0001 (including property damage, Single Limit Indian River County Parks, Recreation & Conservation License Agreement Pagf.&T 11 Initials personal injury, products / comp. ops. agg., premises, operations, and blanket contractual liability, and host liquor liability) (The County and County's members, officials, officers, employees and agents, shall be named as ,additional insureds under all of the above Commercial General Liability coverage). In the event the use of motor vehicles is an integral part of the Event (unless a separate ordinance is specifically applicable to the automobiles): Automobile Liability (all automobiles -owned, hired or $500,000 Combined Single Limit non -owned) In the event the Applicant hires employees for the Event or is otherwise required to carry workers' compensation insurance, the Applicant will provide evidence of workers' compensation insurance or exemption as required by Florida Workers Compensation Law as defined in Chapter 440, Florida Statutes. Applicant will assume responsibility for Applicant's discretion in confirming that all of the Applicant's contractors or subcontractors engaged in work for the Event have the appropriate workers' compensation coverage. Such evidence will include evidence of workers' compensation benefits and employer's liability insurance for the following minimum limits of coverage: Workers Compensation Including coverage for any appropriate Federal Acts (e.g. Longshore and Harbor Workers Compensation Act, 33 USC §§ 901-952, and the Jones Act, 46 USC §§ 688 et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. Florida Statutory Coverage Employer's Liability $100,000 Each Accident 1$500,000 Disease Policy Limit 1$100,000 Each Employee/Disease (b) Participants — Except as set forth below, the Applicant shall assume all responsibility for Applicant's discretion in obtaining, if any, insurance from the Event's contributing participants and subcontractors (such as caterers, vendors, production companies, entertainers, sponsors) in the types and amounts necessary to adequately protect the County and the County's members, officials, officers, employees and agents. (c) Primary and Non -Contributory — The Applicant's insurance will apply on a primary basis and will not require contribution from any insurance or self-insurance maintained by the County. (d) Deductibles — The deductibles of the insurance policies applicable to the Event shall be deemed customary and the responsibility of the Applicant and any named insureds. Indian River County Parks, Recreation & Conservation License Agreement PagI&VII Initials (e) Additional Insured — The Applicant's insurance, except workers' compensation and any additional coverages where it is unavailable, will name the Board of County Commissioners of Indian River County and County's members, officials, officers, employees and agents, as additional insureds under all insurance coverages required for the Event. (f) Reporting Provision — The Applicant's insurance shall be provided on an occurrence form. In the event that coverage is only available on a claims made form, the Applicant shall agree to maintain an extended reporting coverage for a minimum of two years past the expiration of the annual policy term. (g) Duration — Notwithstanding anything to the contrary, the Applicant's liabilities intended to be covered by the insurance coverage(s) required under this section shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of particular policies for insurance coverages. (h) Sovereign Entities — State and federal agencies eligible for sovereign immunity may submit a statement of self-insurance for liability as allowed by the applicable state or federal statute. Such statement will be acceptable in place of insurance requirements defined herein. (i) Financial Responsibility — Applicant shall obtain insurance by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes, or a company that is declared as an approved Surplus Lines carrier under Chapter 626, Florida Statutes. Such insurance shall be written by an insurer with an A.M. Best Rating of A -VII or better. Applicant must maintain continuation of the required insurance throughout the Event, which includes load -in, setup, tear down, and load -out. (j) Evidence of Financial Responsibility — Applicant must provide a certificate of insurance to the County's Risk Manager, demonstrating the maintenance of the required insurance including the additional insured endorsement thirty (30) days prior to the Event Date. Upon written request, the Applicant shall make its insurance policies and endorsements available to the County's Risk Manager. The County's Risk Manager shall approve the Applicant's insurance if it complies with this License Agreement's requirements, including, if any, additional insurance coverages deemed necessary by the Risk Manager. No material alteration or cancellation, including expiration and non -renewal of Applicant's insurance, shall be effective until 30 days after receipt of written notice by the County from the Applicant or the Applicant's insurance company. (k) Discretionary Authority — Depending upon the nature of any aspect of any event and its accompanying exposures and liabilities, the County may, at its sole option, require additional insurance coverages not listed above, in amounts responsive to those liabilities, which may or may not require that the County also be named as an additional insured. (1) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. Indian River County Parks, Recreation & Conservation License Agreement Pag2$4i'll Initials 16. If default occurs on the part of the Applicant in fulfillment of any of the terms, covenants or conditions, including the timely submittal of all documents set forth in Section B, of this License Agreement, the County may terminate this License Agreement and decline to issue any and all permits necessary for the Event. In such case, the rent, taxes, fees, deposits and any other charges hereunder, whether accruing before or after such termination, shall be considered part of and inclusive of the County's damages resulting from Applicant's default. Applicant's default hereunder shall be considered a default of any and all agreements by and between Applicant and the County, and any amounts due Applicant under its other agreements with the County may be used by the County to remedy Applicant's defaults hereunder. Any remedy granted in this License Agreement to County shall be in addition to all other remedies available to County in law or equity, and not exclusive of such remedies. 17. In the event that the Applicant cancels all or any time or portion of the Premises reserved for the Event, the County must receive written notice. Applicants may be entitled to a refund according to the following schedule: (a) Cancellation prior to fourteen (14) days from the tournament of the will receive a refund equal to 100% of the payment collected under Exhibit B. (b) Cancellation prior to Five (5) business days from the date of each tournament of the License Agreement Duration will warrant a cancellation fee of $250, the remainder of the balance paid for the tournament will be refunded. (c) Cancellation due to inclement weather or acts of god will infer no cancellation fee and the paid amount will be refunded or applied to another tournament as requested by the Applicant. 18. In the event that the Premises or any part thereof, or adjacent premises required for access thereto, should be so damaged or destroyed by fire or other cause, without the fault of Applicant, as to prevent the use of the Premises for the Events, then this License Agreement shall terminate. In such event, the County shall be paid for all items of expense incurred by it under this License Agreement and any rental accrued prior to such destruction or damages, but Applicant shall be relieved of paying rent accruing thereafter. For purposes of this paragraph, causes or events not within Applicant's control shall include, without limitation, acts of God, floods, earthquakes, hurricanes, fires and other natural disasters, acts of public enemies, riots or civil disturbances, sabotage, strikes and restraints imposed by order of a governmental agency or court. Causes or events within Applicant's control, and thus not falling within this Section 12, shall include, without limitation, Applicant's financial inability to perform or comply with the terms and conditions hereof, economic hardship, a featured act's failure or refusal to perform or appear, and misfeasance, malfeasance or nonfeasance by any of Applicant's directors, officers, employees, contractors, or agents. (a) In the event any part of the Courts are damaged or unsafe for use to due to a hurricane, fire, water, or any other cause, or if any other casualty or unforeseen occurrence shall render the fulfillment of the Agreement by the County impossible for the event, the County shall refund all fees to the Applicant. 19. Applicant acknowledges receipt of and agrees to comply with the Parks' Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. Indian River County Parks, Recreation & Conservation License Agreement Pag&S&H Initials 20. Applicant assumes all risks of damages to and loss by theft or otherwise of the furniture, appliances or other property of Applicant or Applicant's employees, invitees, licensees, contractors, assignees, performers, exhibitors, contestants and those otherwise contracting with Applicant, and Applicant hereby expressly releases and discharges County from any and all liability for any such loss and agrees to defend, indemnify and hold County harmless from all claims and actions for damages as to such losses, including attorney's fees. 21. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Premises, provided such is permitted within the Artist Contract. County will coordinate such recordings with Applicant's marketing representative. In the event of artist recording restrictions, Applicant shall request the right to allow the County to take generic production and still photographs of the Event. 22. Unless excused by impracticability or impossibility of performance or other lawful contractual defense, any attraction, act, or person contracted to appear during the Event as an entertainer shall appear at the published time or within one hour thereafter. Applicant shall not advertise or permit any advertising that a particular performer will appear for the Event until after a contract for the performer's appearance has been executed and a copy thereof has been provided to the County; otherwise, the County may terminate this License Agreement and cancel the Event. 23. No exception or waiver of any provision of this License Agreement shall be effective unless in writing signed by the Deputy County Administrator. No such waiver shall be held to waive the same provision on a subsequent occasion or be construed to constitute a waiver of any other provision of this License Agreement. This License Agreement contains the entire agreement between the parties, unless modified or amended by a subsequent written agreement executed by the parties. This License Agreement shall be governed by the laws of the State of Florida, and venue for the resolution of disputes hereunder shall be in a court of law in Indian River County, Florida. 24. When applicable, at least 14 days prior to each Event Date, Applicant shall submit proof of application for a "Special Events & Tent Sales Inspection Permit" from the Indian River County Fire Prevention Bureau pursuant to Florida Fire Prevention Code: NFPA 1, Chapter 25, NFPA 101 & 102 and IRC Ordinance Section 208.11. 25. All of the Applicant's subcontractors shall have all of the necessary local, state and federal licenses for the services provided at the Event. 26. All deadlines falling on a weekend or holiday shall be accelerated to the prior business day. 27. Animals will not be permitted onto the Courts during an event unless they are considered a Service Animal. The Americans with Disabilities Act (ADA) 2010 Regulations define a service animal as "any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Other species of animals, whether wild or domestic, trained or untrained, are not service animals for the purposes of this definition." C.F.R. § 35.104 and § 36.104 (2010). Indian River County Code of Ordinances also states: "Dogs prohibited. No dogs are allowed in any park or recreational facility unless specifically posted as allowable by the department. (205.3 Indian River County Parks, Recreation & Conservation License Agreement Paga$d ll Initials paragraph 22). 28. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this License Agreement shall be in writing and shall be given in writing and delivered by email or US Mail, Certified — Return Receipt Requested, to the following: Indian River County Parks, Recreation and Conservation Department 1590 9t' Street SW Vero Beach, FL 32962 Applicant: United Way of Indian River County, Inc. Name: Attn: Jessica Schmitt Address: 1836 14th Avenue, Vero Beach, FL 32960 Email: Jessica.schmitt@unitedwayirc.org 29. Applicant acknowledges that the County makes no guarantees to Applicant, express or implied, as to any pecuniary gain that Applicant may have intended to result from the Event. 30. The recitals and WHEREAS clauses are true, accurate and correct and are hereby incorporated herein by this reference. 31. Services Provided by the County: (a) County reserves the right to determine the adequacy of outside services procured by the Application under Section B as a condition of the Permit. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this day of APPLICANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA IM United Way of IRC, Inc. Susan Adams, Chairman Approved by BCC: , 2024. ATTEST: By: Ryan L. Butler Clerk of Court and Comptroller Indian River County Parks, Recreation & Conservation License Agreement Page 2ff ll Initials Approved as to form and legal sufficiency: William K. DeBraal, County Attorney Indian River County Parks, Recreation & Conservation License Agreement Page 28W 11 Initials n ry p Y a y�; r Exhibit B United Way of Indian River County Tournament Cost Fee Schedule DATE # COURTS TIME I COST / COURT TOTAL 3/15/2024 8 4 HOURS $ 20.00 $ 640.00 3/16/2024 12 DAY $ 175.00 $ 2,100.00 SPECIAL EVENT FEE $ 100.00 SUBTOTAL $ 2,840.00 Non Profit Discount of 25% $ 2,130.00 Event total $ 2,130.00 Place Holder Deposit $ 415.00 Balance Due Upon License Agreement Approval: $ 1,715.00 a wz T INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Conservation Lands Division Date: January 8, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Wendy Swindell, Conservation Lands Manager Subject: Modification of Contract #H0259 between Indian River County and the Florida Division of Emergency Management BACKGROUND: On February 8, 2017, the Florida Division of Emergency Management (FDEM) announced the availability of Hazard Mitigation Grant Program (HMGP) funds resulting from the Presidential Disaster Declaration for Hurricane Matthew (FEMA 4283 -DR -FL). The purpose of the Hazard Mitigation Grant Program (HMGP) is to assist communities in implementing hazard mitigation measures following a major federal disaster declaration. The HMGP is a federally funded program that is allocated and distributed by the State. HMGP is a cost -reimbursement grant program and will fund up to 75% for eligible projects. The 25% match may be a combination of cash and in-kind sources. Hazard mitigation is any action taken to reduce or eliminate long term risk to people and property from natural hazards. Indian River County is an eligible applicant as it has a FEMA - approved local mitigation plan and has a formally adopted Local Mitigation Strategy (LMS). On June 6, 2017, staff presented two Hazard Mitigation Grant Program Grant funding applications and received authorization from the Board to submit both the Oslo Riverfront Conservation Area Wildfire Mitigation application, and the Countywide Wildfire Mitigation application. Both projects were awarded grant funding from FDEM. The Oslo Riverfront Conservation Area grant included a project cost of $65,000 (with a reimbursement to the County of $48,750.00). This grant was completed successfully and closed out in early 2022. On January 23, 2018, the Board further authorized staff to complete a Pre -Award Cost Request that included hiring Environmental Science Associates, Inc. to complete the Indian River County Countywide Wildfire Management Plan: 2018 Fuel Management Plan, dated March 2018 (Wildfire Plan), a copy of which is available on file at the Indian River County Clerk's office. This Wildfire Plan was necessary to complete the required National Environmental Policy Act (NEPA) review in order to award the Hazard Mitigation Grant. The Countywide Wildfire Mitigation grant included a project cost of $280,754.00 (with a reimbursement to the County of $210,565.50). On June 27, 2019, staff was notified that Indian River County was awarded the final FEMA approval for the Countrywide Wildfire Mitigation, application number 4283-95-R. The scope of work included providing wildfire mitigation activities on 10 241 conservation areas throughout the County. Work completed to reduce wildfire threat included mechanical treatment, installation of firebreaks and prescribed burns as described in the Wildfire Plan. Although the work was to be completed using a combination of private contractors and the Florida Forest Service (FFS), due to scheduling conflicts and unavailability of FFS staff, the grant was completed using private contractors. DESCRIPTION AND CONDITIONS: In order to allow for sufficient time to complete required inspections, forms, and other paperwork required to close-out this grant, FDEM has provided a modification to Paragraph 8 of the original subgrant agreement. The modification extends the duration of the grant to July 31, 2024. A copy of the Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County, Contract Number H0259, is included with this agenda item for consideration by the Board. FUNDING: No additional funding is required for the Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County, Contract Number H0259. RECOMMENDATION: Staff respectfully request that the Board of County Commissioners accept the Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County, Contract Number H0259, and authorize the Chairman to execute the Modified Subgrant Agreement, Contract Number H0259, after review and approval by the County Attorney. ATTACHMENTS: Attachment 1 — Modification to Subgrant Agreement Between the Division of Emergency Management and Indian River County, Contract Number H0259. APPROVED AGENDA ITEM FOR January 23, 2024 242 SUB -RECIPIENT AGREEMENT CHECKLIST DIVISION OF EMERGENCY MANAGEMENT MITIGATION BUREAU FISCAL OPERATIONS UNIT j l SUB -RECIPIENT REPRESENTATIVE POINT OF CONTACT) Wendy Swindell I I Conservation Lands Manager i 1590 9th St SW r Vero Beach, Florida 32962 Enclosed is your copy of the proposed contract/modification between Indian River County and the Florida Division of Emergency Management (FDEM). COMPLETE This form is required to be induded with all Reviews, Approvals, and Submittals Reviewed and Approved Signed S Dated Electronic C.+opy by Official Representative Copy of the organizatbn's resolution or Charter that specificsily Identifies the person or position that is authorized to sign, Knot Chairman, Ma or,. or Chief ❑ Attachment I - Federal Funding Accountability and Transparency Act (FFATA) - completed, signed, and dated N/A for Modficatlons or Stall Funded Agreements T._ Attachment K — Certification Regarding Lobbying - completed, signed, and dated N/A for Modifications or State Funded Agreements Attachment L — Contracts with Non -Profit Organizations - completed,: signed, and dated 1 ® N/A for sub -recipients other than Non -Profits ❑ Electronic Submittal to the Grant Specialist Samardha Chaganis on If you have any questions regarding this contract, or who is authorized to sign it, please contact your Project Manager at (850) 359-9349 or email me at Liliana.Hernandez@em.myflorida.com. i 243 I Contract Number: H0259 Project Number: 4283-95-R MODIFICATION TO SUBGRANT AGREEMENT BETWEEN THE DIVISION OF EMERGENCY MANAGEMENT AND INDIAN RIVER COUNTY This Modification Number Two made and entered into by and between the State of Florida, Division of Emergency Management ("the Division"), and Indian River County ("the Sub -Recipient') to modify Contract Number H0259, dated, October 10, 2019 ("the Agreement'). WHEREAS, the Division and the Sub -Recipient have entered into the Agreement, pursuant to which the Division has provided a subgrant to the Sub -Recipient under the Hazard Mitigation Grant Program of $210,565.50, in Federal Funds; and WHEREAS, the Division and the Sub -Recipient intend to modify the Agreement; and WHEREAS, the Agreement expired on June 30, 2022; and WHEREAS, the Division and the Sub -Recipient intend to reinstate and extend the terms of the Agreement. NOW, THEREFORE, in consideration of the mutual promises of the parties contained herein, the parties agree as follows: 1. The Agreement is hereby reinstated and extended as though it had never expired. 2. Paragraph 8 of the Agreement is hereby amended to read as follows: (8) PERIOD OF AGREEMENT This Agreement shall begin October 10, 2019 and shall end July 31, 2024, unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. 3. The Budget and Scope of Work, Attachment A to the Agreement, are hereby modified as set forth in 2nd Revision Attachment A to this Modification, a copy of which is attached hereto and incorporated herein by reference. 4. All provisions of the Agreement being modified and any attachments in conflict with this Modification shall be and are hereby changed to conform with this Modification, effective on the date of execution of this Modification by both parties. 5. All provisions not in conflict with this Modification remain in full force and effect, and are to be performed at the level specified in the Agreement. 6. Quarterly Reports are due to the Division no later than 15 days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30 and December 31. 244 IN WITNESS WHEREOF, the parties hereto have executed this Modification as of the dates set out below. SUB -RECIPIENT: INDIAN RIVER COUNTY By: Name and Title: Date: STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Name and Title: Kevin Guthrie, Director Date: 245 Attachment A (2"d Revision) Budget and Scope of Work STATEMENT OF PURPOSE: The purpose of this Scope of Work (SOW) is to mitigate at -risk areas and decrease the risk of damage or loss of life from wildfires in Indian River County, Florida, funded through the Hazard Mitigation Grant Program (HMGP) DR -4283-095-R, as approved by the Florida Division of Emergency Management (Division) and the Federal Emergency Management Agency (FEMA). The Sub -Recipient, Indian River County, agrees to administer and complete the project as submitted by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall complete the work in accordance with all applicable Federal, State and Local Laws, Regulations and Codes. PROJECT OVERVIEW: As a Hazard Mitigation Grant Program project, the Sub -Recipient proposes to mitigate the threat of future wildfires through Defensible space measures, implementing a countywide program for wildfire management located in Indian River County, Florida. The scope of work proposes to create defensible space by creating a perimeter around residential or non-residential structures by removing or reducing the volume of flammable vegetation, including clearing tree branches, vertically and horizontally. The volume of vegetation is minimized, flammable vegetation is replaced with less flammable species, and combustibles are cleared in accordance with all applicable codes and best practices. A description of the proposed defensible space activities shall be provided for each property, with recommendation that ingress and egress to the properties be maintained. The scope shall involve pruning, chipping and mowing within the designated work areas and in general, removal or mulching of vegetative material. All activities shall be implemented using current codes and best practices, and shall be completed in strict compliance with Federal, State and Local applicable Rules and Regulations. Project Locations: ID SITE ADDRESS COORDINATES 1) Sebastian Scrub Conservation 1258 Schumann Drive 27.76868, -80.46608 Area Sebastian, Florida 32958 581h Avenue Conservation Bounded by 58th Ave. (East); Existing 27.67963, -80.4467 Area residential development (South & West); Existing horse farm (North) 3) South Oslo Riverfront 185 9th Street SE, Vero Beach, Florida 27.58634, -80.37311 Conservation Area 32960 Oslo Riverfront Conservation 150 9th Street SE, Vero Beach, Florida 27.59494, -80.36953 rea 32960 5) Hallstrom Farmstead 1601 Old Dixie Highway, Vero Beach, 27.57188, -80.37504 Conservation Area Florida 32962 North Sebastian Conservation 1295 Main Street 27.81632, -80.47907 Area Sebastian, Florida 32958 Sebastian Harbor Preserve 184 Englar Drive 27.77797, -80.47395 Sebastian, Florida 32958 246 8) South County Park 800 20th Avenue SW, Vero Beach, Florida 27.59135, -80.40533 32962 9) Ansin Riverfront Conservation 9700 Water Vliet Avenue, Sebastian, 27.78873, -80.50287 Area Florida 32958 10) Wabasso Scrub Conservation 5900 85th Street 27.75569, -80.45356 rea Sebastian, Florida 32958 TASKS $ DELIVERABLES: A) Tasks: 1) The Sub -Recipient shall procure the services of a qualified and licensed Florida contractor and execute a contract with the selected bidder to complete the scope of work as approved by the Division and FEMA. The Sub -Recipient shall select the qualified, licensed Florida contractor in accordance with the Sub -Recipient's procurement policy as well as all federal and state laws and regulations. All procurement activities shall contain sufficient source documentation and be in accordance with all applicable regulations. The Sub -Recipient shall be responsible for furnishing or contracting all labor, materials, equipment, tools, transportation and supervision and for performing all work per plans presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient and contractor shall be responsible for maintaining a safe and secure worksite for the duration of the work. The contractor shall maintain all work staging areas in a neat and presentable condition. The Sub -Recipient shall ensure that no contractors or subcontractors are debarred or suspended from participating in federally funded projects. The selected contractor shall have a current and valid occupational license/business tax receipt issued for the type of services being performed. The Sub -Recipient shall provide documentation demonstrating the results of the procurement process. This shall include a rationale for the method of procurement and selection of contract type, contractor selection and/or rejection and bid tabulation and listing, and the basis of contract price. The Sub -Recipient shall provide an executed "Debarment, Suspension, Ineligibility, Voluntary Exclusion Form" for each contractor and/or subcontractor performing services under this agreement. Executed contracts with contractors and/or subcontractors shall be provided to the Division by the Sub -Recipient. The Sub -Recipient shall provide copies of professional licenses for contractors selected to perform services. The Sub -Recipient shall provide a copy of a current and valid occupational license or business tax receipt issued for the type of services to be performed by the selected contractor. 2) The Sub -Recipient shall monitor and manage the installation to provide wildfire protection. The project shall be implemented in accordance with plans previously presented to the Division by the Sub -Recipient and subsequently approved by the Division and FEMA. The Sub -Recipient shall ensure that all applicable state, local and federal laws and regulations are followed and documented, as appropriate. The project consists of the general construction and furnishing of all materials, equipment, labor and fees to minimize wildfire and reduce vegetative fuels to at -risk structures that, if ignited, pose a significant threat to human life and property. The Sub -Recipient shall fully perform the approved project, as described in the submitted documents, in accordance with the approved scope of work, budget line item, allocation of funds and applicable terms and conditions indicated herein. The Sub -Recipient shall not deviate from the approved project terms and conditions. Construction activities shall be completed by a qualified and licensed Florida contractor. All construction activities shall be monitored by the professional of record. The Sub -Recipient shall 247 complete the project in accordance with all required permits. All work shall be completed in accordance with applicable codes and standards. Upon completion of the work, the Sub -Recipient shall schedule and participate in a final inspection of the completed project by the local municipal or county official, or other approving official, as applicable. The official shall inspect and certify that all installation was in accordance with the manufacturer's specifications. Any deficiencies found during this final inspection shall be corrected by the Sub -Recipient prior to Sub -Recipient's submittal of the final inspection request to the Division. Upon completion of Task 2, the Sub -Recipient shall submit the following documents with sufficient supporting documentation and provide a summary of all contract scope of work and scope of work changes, if any. Additional documentation for closeout shall include: a) A copy of the O&M plan (operations and maintenance plan). b) A certification stating that the plan is consistent with the guidance, meets or exceeds local codes, and is in conformance with appropriate fire -related codes. c) A certification stating the SOW compliance and the completion of the project following rules and regulations in conformance with the Department of Forestry for rural areas and the Local Fire Department for urban areas. d) Letter verifying compliance with the National Historic Preservation Act, to include whether archaeological materials or human remains were encountered during project activities and, if so, how they were handled in accordance with Florida Statutes, Section 872.05. e) Letter and/or documentation verifying compliance with conditions #1 through # 42 as stated on the Environmental section of this document. f) Proof of compliance with Project Conditions and Requirements contained herein. 3) During the course of this agreement, the Sub -Recipient shall submit requests for reimbursement. Adequate and complete source documentation shall be submitted to support all costs (federal share and local share) related to the project. In some cases, all project activities may not be fully complete prior to requesting reimbursement of costs incurred in completion of this scope of work; however, a partial reimbursement may be requested. The Sub -Recipient shall submit an Affidavit signed by the Sub -Recipient's project personnel with each reimbursement request attesting to the completion of the work, that disbursements or payments were made in accordance with all agreement and regulatory conditions, and that reimbursement is due and has not been previously requested. The Sub -Recipient shall maintain accurate time records. The Sub -Recipient shall ensure invoices are accurate and any contracted services were rendered within the terms and timelines of this agreement. All supporting documentation shall agree with the requested billing period. All costs submitted for reimbursement shall contain adequate source documentation which may include but not be limited to: cancelled checks, bank statements, Electronic Funds Transfer, paid bills and invoices, payrolls, time and attendance records, contract and subcontract award documents. Construction Expense: The Sub -Recipient shall pre -audit bills, invoices, and/or charges submitted by the contractors and subcontractors and pay the contractors and subcontractors for approved bills, invoices, and/or charges. Sub -Recipient shall ensure that all contractor/subcontractor bills, invoices, and/or charges are legitimate and clearly identify the activities being performed and associated costs. Project Management Expenses (only applies to disasters prior to August 1, 2017, all others adhere to FEMA Policy #104-11-1 for SRMC): The Sub -Recipient shall pre -audit source documentation such as payroll records, project time sheets, attendance logs, etc. Documentation shall be detailed information describing tasks performed, hours devoted to each task, and the hourly rate charged for each hour including enough information to calculate the hourly rates based on payroll records. Employee benefits shall be clearly shown. The Division shall review all submitted requests for reimbursement for basic accuracy of information. Further, the Division shall ensure that no unauthorized work was completed prior to the approved project start date by verifying vendor and contractor invoices. The Division shall verify that reported costs were incurred in the performance of eligible work, that the approved work was completed, and 248 that the mitigation measures are in compliance with the approved scope of work prior to processing any requests for reimbursement. Review and approval of any third -party in-kind services, if applicable, shall be conducted by the Division in coordination with the Sub -Recipient. Quarterly reports shall be submitted by the Sub - Recipient and received by the Division at the times provided in this agreement prior to the processing of any reimbursement. The Sub -Recipient shall submit to the Division requests for reimbursement of actual construction and managerial costs related to the project as identified in the project application, sealed engineering designs, and construction plans. The requests for reimbursement shall include: a) Contractor, subcontractor, and/or vendor invoices which clearly display dates of services performed, description of services performed, location of services performed, cost of services performed, name of service provider and any other pertinent information; b) Proof of payment from the Sub -Recipient to the contractor, subcontractor, and/or vendor for invoiced services; c) Clear identification of amount of costs being requested for reimbursement as well as costs being applied against the local match amount. The Sub -Recipient's final request for reimbursement shall include the final construction project cost. Supporting documentation shall show that all contractors and subcontractors have been paid. B) Deliverables: Mitigation Activities consist of mitigating the threat of future wildfires through defensible space measures to include chipping and mowing within the designated work areas and in general, removal or mulching of vegetative material to provide protection to residents and businesses in Indian River County, Florida. Provided the Sub -Recipient performs in accordance with the Scope of Work outlined in this Agreement, the Division shall reimburse the Sub -Recipient based on the percentage of overall project completion. PROJECT CONDITIONS AND REQUIREMENTS: C) Engineering: 1) The Sub -Recipient shall submit to the Division an official letter stating that the project is 100% complete and ready for the Division's Final Inspection of the project. 2) The Sub -Recipient shall provide a copy of the O&M Plan (Operations and Maintenance Plan). 3) The Sub -Recipient shall provide a copy of a certification stating the plan is consistent with guidance, meets or exceeds local codes, and is in conformance with appropriate fire -related codes. 4) The Sub -Recipient shall submit a certification stating the SOW compliance and the completion of the project following the rules and regulations in conformance with the Department of Forestry for rural areas and the Local Fire Department for urban areas. 5) The Sub -Recipient shall follow all applicable State, Local and Federal Laws, Regulations and requirements, and comply with all required permits and approvals. Failure to obtain all appropriate Federal, State, and Local permits and clearances may jeopardize federal funding. D) Environmental: 1) Sub -Recipient shall follow all applicable state, local and federal laws, regulations and requirements, and obtain (before starting project work) and comply with all required permits and approvals. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If project work is delayed for a year or more after the date of the categorical exclusion (CATEX), then coordination with and project review by regulatory agencies shall be redone. 249 2) Any change, addition or supplement to the approved Scope of Work that alters the project (including other work not funded by FEMA, but done substantially at the same time), regardless of the budget implications, shall require re -submission of the application to FEMA through the Division for National Environmental Policy Act (NEPA) re-evaluation before starting project work. 3) The Sub -Recipient shall monitor ground disturbing activities during construction, and if any potential archeological resources are discovered, shall immediately cease construction in that area and notify the Division and FEMA. If human remains or intact archaeological deposits are uncovered, work in the vicinity of the discovery shall stop immediately and all reasonable measures to avoid or minimize harm to the finds shall be taken. The Sub -Recipient shall ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub -Recipient's contractor shall provide immediate notice of such discoveries to the Sub - Recipient. The Sub -Recipient shall notify the Florida Division of Historic Resources, the Division's State Environmental Liaison Officer and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA and the Division have completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately, and the proper authorities notified in accordance with Florida Statutes, Section 872.05. 4) Project activities shall not occur within 200 feet of a water or wetland without consultation with the USACE and the appropriate Water Management District. 5) Appropriate BMPs (provided in Appendix A of PEA) associated with wetlands shall be implemented. 6) If a project location contains wetlands or surface waters a permit from the U.S. Army Corps of Engineers may be required. If permit is required, copy of permit must be provided at closeout. 7) If a project will impact state waters a permit from the appropriate Water Management District may be required. If permit is required, copy of permit must be provided at closeout. 8) If a project will result in dischargers, a National Pollutant Discharge Elimination System permit from FDEP will be required. If permit is required, copy or permit must be provided at closeout. 9) Work shall only occur in the uplands when water levels are below surface. 10) To mitigate for fugitive dust during project activities, periodic watering of active construction areas, particularly in areas close to sensitive receptors (e.g., hospitals, senior citizen homes, and schools), shall be implemented. 11) If pesticides will be used for vegetation management. Best Management Practices (BMP) shall be utilized to limit impact to water quality. 12) If discharges into U. S. waters are expected, the subrecipient would be required to obtain a National Pollutant Discharge Elimination System (NPDES) stormwater construction permit from the FDEP. An associated SWPPP, which would identify the BMPs and engineering controls to prevent and minimize indirect erosion, sedimentation, and pollution impacts to the water quality, would be required to be prepared and implemented. If permit is required, copy of permit must be provided at closeout. 13) The project sponsor must obtain and comply with all applicable permit and approvals required by Federal, State, Tribal, and local regulatory agencies. 14) The Sub -Recipient shall ensure that all debris staging sites are pre -authorized by FDEP. The Sub - Recipient shall ensure that all debris is separated and disposed of in a manner consistent with FDEP solid waste facility disposal at permitted facilities guidelines or at a disposal site or landfill authorized by FDEP. The Sub -Recipient is responsible for ensuring contracted staging and disposal of debris also follows these guidelines. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance is required at project closeout. 250 15) Establish designated areas for equipment staging and parking to minimize the area of ground disturbance. 16) Use low ground pressure equipment when practicable, particularly on equipment traveling over large portions of units with sensitive soils or site conditions. 17) Suspend skidding or yarding operations when soil moisture levels could result in unacceptable soil damage. 18) Perform skidding or yarding operations when soil conditions are such that soil compaction, displacement, and erosion would be minimized. 19) Avoid ground equipment operations on unstable, wet, or easily compacted soils and on steep slopes unless operation can be conducted without causing excessive rutting, soil puddling, or runoff of sediments directly into waterbodies. 20) Develop an erosion control and sediment plan that covers all disturbed areas including skid trails and roads, landings, cable corridors, temporary road fills, water source sites, borrow sites, or other areas disturbed during mechanical vegetation treatments. 21) Work with the contractor to locate landings, skid trails, and slash piles in suitable sites to avoid, minimize, or mitigate potential for erosion and sediment delivery to nearby waterbodies. 22) When skidding in wetlands with organic soils, concentrate skid trails to as small an area as possible, and minimize the number of trails on a given site. 23) To the greatest extent possible: forestry operations in wetlands which exhibit seasonal inundation or saturation should be limited to dry conditions only, and forestry operations in wetlands which are continually saturated or inundated should be limited to low-water conditions. 24) Minimize skidder and other heavy equipment operation in wetlands during wet conditions to avoid widespread excessive soil rutting. 25) Implement mechanical treatments on the contour of sloping ground to avoid or minimize water concentration and subsequent accelerated erosion. 26) Routinely inspect disturbed areas to verify that erosion and stormwater controls are implemented and functioning as designed and are suitably maintained. 27) Install suitable stormwater and erosion control measures to stabilize disturbed areas and waterways on incomplete projects before seasonal shutdown of operations or when severe storm or cumulative precipitation events that could result in sediment mobilization to waterbodies are expected. 28) Schedule all vegetation removal, trimming, and grading of vegetated areas outside of the peak bird breeding season to the maximum extent practicable. Use available resources, such as internet-based tools (e.g., the FWS's Information, Planning and Conservation System, Avian Knowledge Network, or the county's existing biological profiles) to identify peak breeding months for local bird species; or contact local Service Migratory Bird Program Office for breeding bird information. When project activities cannot occur outside the bird nesting season, conduct surveys prior to scheduled activity to determine if active nests are present within the area of impact and buffer any nesting locations found during surveys. 29) Avoid prolonged heavy equipment operation (generally in excess of one day), except for prescribed burning and related activities, within 490 feet of active, known and visibly apparent kestrel nests from March through June. 30) For southeast American kestrels, leave standing snags where they do not pose a safety issue, as per the Silviculture BMP Manual as incorporated in Rule 51-6.002 F.A.C., and avoid damaging or felling known nest trees. 31) Avoid heavy equipment operation (except for prescribed burning and related activities) within 400 feet of active, known and visibly apparent Florida sandhill crane nests from February through May 9. 251 32) Avoid heavy equipment operation (except for prescribed burning and related activities) within 330 feet of active, known and visibly apparent Little Blue and Tricolored Heron rookeries (two or more nests) from February through May. 33) Locate concentrated heavy equipment operations (e.g. log decks, landings, main skid trails, ramps, etc.) away from known and visibly apparent active burrows, and especially known concentrations of active burrows. If concentrated heavy equipment operations must be located in such areas: a) identify and mark burrows, b) avoid damage to the burrow opening, and c) avoid damage to the gopher tortoise burrow apron during the nesting season (May through September). Advise heavy equipment operators to avoid direct contact year-round with all known and visibly apparent gopher tortoises and burrowing owls, as well as known and visibly apparent burrow aprons for tortoises during the period between May and September. When practical, minimize the use of heavy equipment during September and October when gopher tortoise hatchlings are more numerous and less visible due to their size during this time. 34) Maintain habitat features by carrying out activity on forest lands, such as harvesting (including thinning), site preparation, burning, etc. 35) Utilities should be located before construction and coordination with local utility companies may need to occur. If planned outages are necessary, utility customers should be given advanced notice. 36) Construction noise levels shall be minimized by ensuring that construction equipment is equipped with a recommended muffler in good working order. Impact to noise levels would be minimized by limiting construction activities that occur to between 7 a.m. and 5 p.m. 37) No open burning would occur. All vegetative debris associated with the project must be disposed of properly and not placed in identified floodway or wetland areas. 38) Prepare a vegetation maintenance plan that outlines vegetation maintenance activities and schedules so that direct bird impacts do not occur. 39) Standard construction traffic control measures should be used to protect workers, residents, and the travelling public. 40) Work areas should be clearly marked with appropriate signage and secured against unauthorized entry. 41) Workers should use appropriate Personal Protective Equipment (PPE) and follow applicable Occupational Safety and Health Administration (OSHA) standards and procedures. 42) Construction vehicles and equipment used for this project shall be maintained in good working order to minimize pollutant emissions. E) Programmatic: 1) A change in the scope of work must be approved by the Division and FEMA in advance regardless of the budget implications. 2) The Sub -Recipient must notify the Division as soon as significant developments become known, such as delays or adverse conditions that might raise costs or delay completion, or favorable conditions allowing lower costs or earlier completion. 3) The Sub -Recipient must `obtain prior written approval for any budget revision which would result in a need for additional funds" [44 CFR 13(c)], from the Division and FEMA. 4) Project is approved with the condition that the enclosed list of deliverables shall be submitted 30 days prior to the Period of Performance date, for review and approval by the Division, for submittal to FEMA for closeout. 5) Any extension of the Period of Performance shall be submitted to FEMA 60 days prior to the expiration date. Therefore, any request for a Period of Performance Extension shall be in writing and submitted, 252 along with substantiation of new expiration date and a new schedule of work, to the Division a minimum of seventy (70) days prior to the expiration date, for Division processing to FEMA. 6) The Sub -Recipient must avoid duplication of benefits between the HMGP and any other form of assistance, as required by Section 312 of the Stafford Act, and further clarification in 44 CFR 206.191. 7) A copy of the executed subcontract agreement must be forwarded to the Division within 10 days of execution. 8) Documentation that demonstrates that no Duplication of Programs (DOP) shall or did occur, that other Federal programs have been investigated, and that the Sub -Recipient has coordinated with other appropriate Federal Agencies, upon project closeout. 9) A statement acknowledging that a final Operations and Maintenance (O&M) Plan shall be submitted to FEMA before project closeout. In addition, provide the O&M Plan for each site, which must include all of the following information: a) Information demonstrating that the requested wildfire project shall be maintained to achieve the proposed hazard mitigation. b) A description of the maintenance activities in the mitigation project (e.g., defensible space, hazardous fuels reduction, ignition -resistant construction). c) The period of time the community is committing to maintain the area and/or project site, which must be consistent with the project useful life in the Benefit -Cost Analysis. d) A discussion of the post -closeout activities that shall be undertaken to maintain the area and/or project site for the duration of the project useful life. e) The schedule for implementation of the maintenance activities. 10) Verification of compliance with current codes and Best Practices at closeout. 11) Special Conditions required on implementation of project: a. Work will only occur in the uplands when water levels are below surface. Source of condition: Executive Order 11988 — Floodplains, Monitoring Required: No b. Project activities shall not occur within 200 feet of a water body or wetland without consultation with the USACE and the appropriate Water Management District. Source of condition: Executive Order 11990- Wetlands, Monitoring Required: No c. If a project location contains wetlands or surface waters a permit from the U.S. Army Corps of Engineers may be required. If permit is required, copy of permit must be provided at closeout. Source of condition: Executive Order 11990- Wetlands, Monitoring Required: No d. If a project will impact state waters a permit from the appropriate Water Management District may be required. If permit is required, copy of permit must be provided at closeout. Source of condition: Executive Order 11990 - Wetlands, Monitoring Required: No e. If a project will result in discharges, a National Pollutant Discharge Elimination System permit from FDEP will be required. If permit is required, copy of permit must be provided at closeout. Source of condition: Executive Order 11990- Wetlands, Monitoring Required: No f. To mitigate for fugitive dust during construction, periodic watering of active construction areas, particularly in areas close to sensitive receptors (e.g., hospitals, senior citizen homes, and schools), would be implemented. Source of condition: Clean Air Act (CAA), Monitoring Required: No g. If pesticides will be used for vegetation management, BMPs can be utilized to limit impact to water quality. Source of condition: Clean Water Act (CWA), Monitoring Required: No h. If prehistoric or historic artifacts such as pottery or ceramics, projectile points, dugout canoes, metal implements, historic building materials, or any other physical remains that could be associated with early Native American, European, or American settlement are encountered at any time within the project site area, the permitted project shall cease all activities involving subsurface disturbance in the immediate vicinity of such discoveries. The Sub -Recipient shall contact the Florida Department 253 of State, Division of Historical Resources, Review and Compliance Section at (850) 245-6333. Project activities shall not resume without verbal and written authorization. In the event that unmarked human remains are encountered, during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section 872.05. Source of condition: National Historic Preservation Act (NHPA), Monitoring Required: No i. If human remains or intact archaeological deposits are uncovered, work in the vicinity of the discovery will stop immediately and all reasonable measures to avoid or minimize harm to the finds will be taken. The Sub -Recipient will ensure that archaeological discoveries are secured in place, that access to the sensitive area is restricted, and that all reasonable measures are taken to avoid further disturbance of the discoveries. The Sub -Recipient contractor will provide immediate notice of such discoveries to the Sub -Recipient. The Sub -Recipient shall contact the Florida Division of Historic Resources and FEMA within 24 hours of the discovery. Work in the vicinity of the discovery may not resume until FEMA has completed consultation with SHPO, Tribes, and other consulting parties as necessary. In the event that unmarked human remains are encountered during permitted activities, all work shall stop immediately and the proper authorities notified in accordance with Florida Statutes, Section 872.05. Source of condition: National Historic Preservation Act (NHPA), Monitoring Required: No j. The subrecipient shall ensure that all debris staging sites are pre -authorized by FDEP. The subrecipient shall ensure that all debris is separated and disposed of in a manner consistent with FDEP solid waste facility disposal at permitted facilities guidelines or at a disposal site or landfill authorized by FDEP. The subrecipient is responsible for ensuring contracted staging and disposal of debris also follows these guidelines. Failure to comply with these conditions may jeopardize FEMA funding; verification of compliance will be required at project closeout. Source of condition: Resource Conservation and Recovery Act, aka Solid Waste Disposal Act (RCRA), Monitoring Required: No k. The project sponsor must obtain and comply with all applicable permit and approvals required by Federal, State, Tribal, and local regulatory agencies. Source of condition: NEPA Determination, Monitoring Required: No I. FEMA would consult with the State/Tribal Historic Preservation Office (SHPO/THPO) on project specific activities for any project that has the potential to affect previously undisturbed areas or historic properties. If during the course of any ground disturbance related to this project, cultural materials are inadvertently discovered, the project would be immediately stopped and the SHPO/THPO and FEMA notified. Source of condition: NEPA Determination, Monitoring Required: No m. FEMA would consult with the U.S. Fish and Wildlife Service on a project specific basis for any actions that have the potential to affect biological resources, including threatened and endangered species. Source of condition: NEPA Determination, Monitoring Required: No n. Perform skidding or yarding operations when soil conditions are such that soil compaction, displacement, and erosion would be minimized. Source of condition: NEPA Determination, Monitoring Required: No o. Suspend skidding or yarding operations when soil moisture levels could result in unacceptable soil damage. Source of condition: NEPA Determination, Monitoring Required: No p. Use low ground pressure equipment when practicable, particularly on equipment traveling over large portions of units with sensitive soils or site conditions. Source of condition: NEPA Determination, Monitoring Required: No q. Establish designated areas for equipment staging and parking to minimize the area of ground disturbance. Source of condition: NEPA Determination, Monitoring Required: No r. Work with the contractor to locate landings, skid trails, and slash piles in suitable sites to avoid, minimize, or mitigate potential for erosion and sediment delivery to nearby waterbodies. Source of condition: NEPA Determination, Monitoring Required: No 254 s. Work with the contractor to locate landings, skid trails, and slash piles in suitable sites to avoid, minimize, or mitigate potential for erosion and sediment delivery to nearby waterbodies. Source of condition: NEPA Determination, Monitoring Required: No t. Develop an erosion control and sediment plan that covers all disturbed areas including skid trails and roads, landings, cable corridors, temporary road fills, water source sites, borrow sites, or other areas disturbed during mechanical vegetation treatments. Source of condition: NEPA Determination, Monitoring Required: No u. Avoid ground equipment operations on unstable, wet, or easily compacted soils and on steep slopes unless operation can be conducted without causing excessive rutting, soil puddling, or runoff of sediments directly into waterbodies. Source of condition: NEPA Determination, Monitoring Required: No v. Install suitable stormwater and erosion control measures to stabilize disturbed areas and waterways on incomplete projects before seasonal shutdown of operations or when severe storm or cumulative precipitation events that could result in sediment mobilization to waterbodies are expected. Source of condition: NEPA Determination, Monitoring Required: No w. Routinely inspect disturbed areas to verify that erosion and stormwater controls are implemented and functioning as designed and are suitably maintained. Source of condition: NEPA Determination, Monitoring Required: No x. Implement mechanical treatments on the contour of sloping ground to avoid or minimize water concentration and subsequent accelerated erosion. Source of condition: NEPA Determination, Monitoring Required: No y. Minimize skidder and other heavy equipment operation in wetlands during wet conditions to avoid widespread excessive soil rutting. Source of condition: NEPA Determination, Monitoring Required: No z. To the greatest extent possible: forestry operations in wetlands which exhibit seasonal inundation or saturation should be limited to dry conditions only, and forestry operations in wetlands which are continually saturated or inundated should be limited to low-water conditions. Source of condition: NEPA Determination, Monitoring Required: No aa. When skidding in wetlands with organic soils, concentrate skid trails to as small an area as possible, and minimize the number of trails on a given site. Source of condition: NEPA Determination, Monitoring Required: No bb. Maintain habitat features by carrying out activity on forest lands, such as harvesting (including thinning), site preparation, burning, etc. Source of condition: NEPA Determination, Monitoring Required: No cc. Locate concentrated heavy equipment operations (e.g. log decks, landings, main skid trails, ramps, etc.) away from known and visibly apparent active burrows, and especially known concentrations of active burrows. If concentrated heavy equipment operations must be located in such areas: a) identify and mark burrows, b) avoid damage to the burrow opening, and c) avoid damage to the gopher tortoise burrow apron during the nesting season (May through September). Source of condition: NEPA Determination, Monitoring Required: No dd. Advise heavy equipment operators to avoid direct contact year-round with all known and visibly apparent gopher tortoises and burrowing owls, as well as known and visibly apparent burrow aprons for tortoises during the period between May and September. Source of condition: NEPA Determination, Monitoring Required: No ee. When practical, minimize the use of heavy equipment during September and Octoberwhen gopher tortoise hatchlings are more numerous and less visible due to their size during this time. Source of condition: NEPA Determination, Monitoring Required: No ff. Avoid heavy equipment operation (except for prescribed burning and related activities) within 330 feet of active, known and visibly apparent Little Blue and Tricolored Heron rookeries (two or more nests) from February through May. Source of condition: NEPA Determination, Monitoring Required: No 255 gg. Avoid heavy equipment operation (except for prescribed burning and related activities) within 400 feet of active, known and visibly apparent Florida sandhill crane nests from February through May. 9. Source of condition: NEPA Determination, Monitoring Required: No hh. For southeast American kestrels, leave standing snags where they do not pose a safety issue, as per the Silviculture BMP Manual as incorporated in Rule 51-6.002 F.A.C., and avoid damaging or felling known nest trees. Source of condition: NEPA Determination, Monitoring Required: No ii. Avoid prolonged heavy equipment operation (generally in excess of one day), except for prescribed burning and related activities, within 490 feet of active, known and visibly apparent kestrel nests from March through June. Source of condition: NEPA Determination, Monitoring Required: No jj. Schedule all vegetation removal, trimming, and grading of vegetated areas outside of the peak bird breeding season to the maximum extent practicable. Use available resources, such as internet- based tools (e.g., the FWS�s Information, Planning and Conservation System, Avian Knowledge Network, or the county's existing biological profiles) to identify peak breeding months for local bird species; or, contact local Service Migratory Bird Program Office for breeding bird information. Source of condition: NEPA Determination, Monitoring Required: No kk. When project activities cannot occur outside the bird nesting season, conduct surveys prior to scheduled activity to determine if active nests are present within the area of impact and buffer any nesting locations found during surveys. Source of condition: NEPA Determination, Monitoring Required: No II. Prepare a vegetation maintenance plan that outlines vegetation maintenance activities and schedules so that direct bird impacts do not occur. Source of condition: NEPA Determination, Monitoring Required: No mm. No open burning would occur. All vegetative debris associated with the project must be disposed of properly and not placed in identified floodway or wetland areas. Source of condition: NEPA Determination, Monitoring Required: No nn. Construction noise levels would be minimized by ensuring that construction equipment is equipped with a recommended muffler in good working order. Source of condition: NEPA Determination, Monitoring Required: No oo. Impact to noise levels would be minimized by limiting construction activities that occur to between 7 a.m. and 5 p.m. Source of condition: NEPA Determination, Monitoring Required: No pp. Utilities should be located before construction and coordination with local utility companies may need to occur. If planned outages are necessary, utility customers should be given advanced notice. Source of condition: NEPA Determination, Monitoring Required: No qq. Workers should use appropriate Personal Protective Equipment (PPE) and follow applicable Occupational Safety and Health Administration (OSHA) standards and procedures. Source of condition: NEPA Determination, Monitoring Required: No rr. Work areas should be clearly marked with appropriate signage and secured against unauthorized entry. Source of condition: NEPA Determination, Monitoring Required: No ss. Standard construction traffic control measures should be used to protect workers, residents, and the travelling public. Source of condition: NEPA Determination, Monitoring Required: No This is FEMA project number 4283-095-R. It is funded under HMGP, FEMA -4283 -DR -FL and must adhere to all program guidelines established for the HMGP in accordance with the PAS Operational Agreement for Disaster 4283. FEMA awarded this project on June 17, 2019; with a Pre -Award date of January 30, 2018; this Agreement was executed on October 10, 2019, and the Period of Performance for this project shall end on July 31, 2024. F) FINANCIAL CONSEQUENCES: If the Sub -Recipient fails to comply with any term of the award, the Division shall take one or more of the 256 following actions, as appropriate in the circumstances: 1) Temporarily withhold cash payments pending correction of the deficiency by the Sub -Recipient; 2) Disallow all or part of the cost of the activity or action not in compliance; 3) Wholly or partly suspend or terminate the current award for the Sub -Recipient's program; 4) Withhold further awards for the program; or 5) Take other remedies that may be legally available. SCHEDULE OF WORK State Contracting: Construction Plan/Technical Specifications: Bidding / Local Procurement: Permitting: Construction / Installation: Local Inspections / Compliance: State Final Inspection / Compliance: Closeout Compliance: Total Period of Performance: BUDGET Line Item Budget* 3 Months 3 Months 3 Months 3 Months 30 Months 6 Months 6 Months 7 Months 61 Months ect Cost Federal Cost Non -Federal Cost Materials: $0.00 $0.00 $0.00 Labor: $230,754.00 $173,065.50 $57,688.50 Fees: $11,850.00 $8,887.50 $2,962.50 "Pre -Award: $38,150.00 $28,612.50 $9,537.50 Initial Agreement Amount: $280,754.00 $210,565.50 $70,188.50 ***Contingency Funds: $0.00 $0.00 $0.00 Project Total: $280,754.00 $210,565.50 $70,188.50 *Any line item amount in this Budget may be increased or decreased 10% or less, with the Division's approval, without an amendment to this Agreement being required, so long as the overall amount of the funds obligated under this Agreement is not increased. **This project has a Pre -Award, approved by FEMA in the amount of $38,150.00 project costs with a start date of January 30, 2018. ***This project has an estimated $0.00 in contingency funds. Per FEMA Hazard Mitigation Assistance Guidance Part VI, D. 3.4 — Contingency funds are not automatically available for use. Prior to their release, contingency funds must be re -budgeted to another direct cost category and identified. Post -award changes to the budget require prior written approval from the Division (FDEM). The written request should demonstrate what unforeseen condition related to the project arose that required the use of contingency funds. Project Management costs are included for this project in the amount of $11,850.00. 257 Funding Summary Totals Federal Share: Non -Federal Share: $210,565.50 (75.00%) $70,188.50 (25.00%) Total Project Cost: $280,754.00 (100.00%) 258 L/w ` - " `. INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Public Shooting Range Date: January 11, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Jerry Seldes, Manager Shooting Range Subject: State of Florida, Florida Fish and Wildlife Conservation Commission — FWC Agreement - Triple N Ranch and Indian River County Expansion Project Grant Agreement BACKGROUND: On March 13, 2001, Indian River County entered into a Contract with the Florida Fish & Wildlife Conservation Commission (FWC) for the operation of the Indian River County Public Shooting Range (Range). Subsequent to the original contract, the Board approved Amendment 1 (February 2, 2016) renewing the Agreement for a period of 10 years and Amendment 2 (February 6, 2018) for supply and use of ten golf carts. On August 15, 2023, the Board approved Amendment #3 which included a commitment to provide funding for Paving, Sporting Clays and Rifle and Pistol Range Improvements in the amount of $200,000 for enhancing ADA compliance for the sporting clays stations, sound abatement and electronic targets on the rifle and handgun ranges. DESCRIPTION AND CONDITIONS: FWC staff have provided a draft FWC Agreement for the funding outlined in Amendment Number 3. This funding is provided through the U.S. Fish and Wildlife Service and the County is a sub - recipient through the FWC for the funds. The funding will provide financial assistance for the Scope of Work outlined in Attachment A. The Agreement period is effective upon execution by the last party to sign and effective through December 31, 2024. This grant is a reimbursement grant to be paid upon successful completion of the Scope of Work. All reimbursements made will be based on actual costs incurred by the County for the development of the Sporting Clays Course (awarded by the Board of County Commissioners on December 5, 2023, Bid Number 2024016, in the amount of $399,120). Partnering with FWC, the sporting clay course will be expanded, by improving cart paths, adding drainage and repaving the entry road. FUNDING: Funding for this project will be budgeted and available in the Optional Sales Tax/Parks/Shooting Range Clays Trail Elevation account, number 31521072-066510-21011, upon approval of the Fiscal Year 2023/2024 Capital Improvement Element. The grant will provide $200,000 towards this project, with the County share of $199,120, for a total project cost of $399,120. Account Description Account NumberAmount Optional Sales Tax/Parks/ShootingRange Clays Trail Elevation 31521072-066510-21011 $399,120 259 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners review and approve the Draft FWC Recipient/Subrecipient Agreement and authorize the Chairman to execute the Triple N Ranch and Indian River County Expansion Project Recipient/Subrecipient Agreement after non - substantive data (including the grant award number) is added and with the final review and approval by the County Attorney. Staff also requests authorization for the Deputy County Administrator or his designee to execute non -substantive grant documentation, reimbursements, and amendments as needed under the grant agreement. ATTACHMENTS: • Draft State of Florida, Florida Fish and Wildlife Conservation Commission — FWC Agreement - Triple N Ranch and Indian River County Expansion Project Grant Agreement • Indian River County Grant Form APPROVED AGENDA ITEM FOR 01.23.24 260 Recipient/Subrecipient Agreement STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Agreement #DRAFT Federal Grant Information CFDA Title(s): Wildlife Restoration and Basic Hunter Education CFDA No(s).: Enter CFDA Number(s) Name of Federal Agency(s): U.S. Fish and Wildlife Service Federal Award No(s): Enter Federal Award Number(s) Federal Award Year(s): 2024 Federal Award Name(s): Triple N Ranch Shooting Range and Indian River County Shooting Range Expansion Project State Grant Information CSFA Title(s).: N/A CSFA No(s). N/A: State Award No(s).: N/A State Award Year(s): N/A State Award Name(s): N/A This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission" or "FWC," and Indian River County, FEID #59-6000674, whose address is 1801 27th Street, Building A, Vero Beach, FL 32960, the Recipient/Subrecipient, hereinafter "Recipient", collectively, "Parties". 261 FWC Agreement No. Enter CFDA Number(s) INTRODUCTORY CLAUSES WHEREAS, Commission and Recipient intend to partner together to expand the public usage of the sporting clays course by improving the cart paths and drainage and repaving the entry road to the facility; WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. TERMS OF THE AGREEMENT The Commission and the Recipient, for the considerations stated in this Agreement, agree as follows: Section 1. PROJECT DESCRIPTION. The Recipient shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A, which specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this Agreement is the result of Recipient responses to the Commission's request for competitive or other grant proposals, the Recipient's response is hereby incorporated by reference. Section 2. PERFORMANCE. The Recipient shall perform the activities described in Attachment A in a proper and satisfactory manner. Unless otherwise provided for in Attachment A, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Recipient. The Recipient shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Recipient shall be licensed as necessary to perform under this Agreement as may be required by law, rule, or regulation; the Recipient shall provide evidence of such compliance to the Commission upon request. The Recipient shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Recipient warrants that it has the capability in all respects to fully perform the requirements Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 2 of 45 262 FWC Agreement No. Enter CFDA Number(s) and the integrity and reliability that will assure good -faith performance as a responsible Recipient. The Recipient shall immediately notify the Commission's Contract Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement, in the event the Recipient's ability to perform under this Agreement becomes compromised. Section 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. The Agreement shall be effective upon execution by the last Party to sign and shall remain in effect through 12/31/2024. However, if this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this Agreement, the retroactive start date was approved. The Commission's Contract Manager shall confirm the specific start date of the Agreement by written notice to the Recipient. The Recipient shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this Agreement, preaward costs may be eligible for reimbursement. Details of allowable expenses are included in Attachment A. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. B. Extension, The Commission may extend this Agreement upon agreement of both Parties through an Amendment, provided the funding source permits additional time prior to expiration of funding. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 3 of 45 263 FWC Agreement No. Enter CFDA Number(s) Section 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Recipient under the terms of this Agreement, the Commission shall pay the Recipient on a cost reimbursement basis in an amount not to exceed $200,000. B. Payments. The Commission shall pay the Recipient for satisfactory performance of the tasks identified in Attachment A as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Contract Manager. Unless otherwise specified in Attachment A, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in Attachment A, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period. C. Invoices. Each invoice shall include the Commission Agreement Number and the Recipient's Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Contract Manager. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Recipient acknowledges that the Commission's Contract Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match If this Agreement is made pursuant to a grant award as authorized by Rule 68- 1.003, F.A.C., the Recipient is required to contribute non-federal match towards Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 4 of 45 264 FWC Agreement No. Enter CFDA Number(s) this Agreement. If applicable, details regarding specific match requirements are included in Attachment A. E. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Contract Manager shall notify the Recipient in writing at the earliest possible time if funds are not appropriated or available. F. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Recipient may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Recipient warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. G. Cost Reimbursement If the Compensation section indicates this is a cost reimbursement Agreement, the Recipient shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in Attachment A. To be eligible for reimbursement, costs must follow the requirements of Section 215.971, F.S. and must also be in compliance with other Laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. Invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the approved Agreement budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the Recipient met the minimum performance Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 5 of 45 265 FWC Agreement No. Enter CFDA Number(s) standards established in the Agreement. The Commission is required to maintain detailed supporting documentation and to make it available for audit purposes. By submission of the payment request, the Commission is certifying that the detailed documentation to support each item on the itemized invoice is on file at the agency and is available for audit. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for the categories in the approved Agreement budget may be reimbursed. These expenditures must be allowable (pursuant to Law) and directly related to the services being provided. The Commission may require more detailed documentation as deemed appropriate to satisfy that the terms of the Agreement have been met. Listed below are types and examples of their supporting documentation: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register or similar documentation should be submitted and maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. ii. Tuition: If the Commission determines tuition, stipends, and/or waivers are allowable costs, the payments must result from obligations incurred during the specified Agreement period. Documentation must be provided to show compliance with 215.971, F.S. Examples include but are not limited to keeping timesheets/time and effort reports/logs that support the hours worked on the project or activity. If an individual for whom tuition, stipends and/or waivers are being claimed are paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. iii. Fringe Benefits: Supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 6 of 45 266 FWC Agreement No. Enter CFDA Number(s) a. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. iv. Travel: To the extent the Commission determines travel is an allowable cost, reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher along with supporting receipts and invoices. v. Other Direct Costs: To the extent the Commission determines other direct costs are allowable, reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). vi. In -House Charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. vii. Indirect Costs: To the extent the Commission determines that indirect costs are allowable, and the Agreement specifies that indirect costs will be paid based on a specified rate, then the calculation should be provided in the Agreement's budget breakdown. Indirect costs must be in the approved; Agreement budget and the Recipient must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. For cost reimbursement Agreements with another State agency (including State universities): In lieu of the detailed documentation described above, alternative documentation may be submitted to substantiate the costs requested to be reimbursed. This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless Attachment A specifies otherwise. If payment is not available within forty Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 7 of 45 267 FWC Agreement No. Enter CFDA Number(s) (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Recipient 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 has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: https://www.mvfLoridacfo.com/division/aa/vendors. Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. J. Vendor Ombudsman, A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762. Section 5. RETURN OR RECOUPMENT OF FUNDS A. Unobligated Funds. Pursuant to Section 215.971(1)(d) -(e), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period, and any balance of unobligated funds that has been advanced or paid must be refunded to the Commission. Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission as well. B. Overpayments to Recipient. Pursuant to Section 215.971(1)(f), F.S., any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission. In the event the Recipient or its Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 8 of 45 268 FWC Agreement No. Enter CFDA Number(s) independent auditor discovers that overpayment has been made, the Recipient shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Recipient in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds should be sent to the Commission's Contract Manager and made payable to the "Florida Fish and Wildlife Conservation Commission." C. Additional Costs or Monetary Loss Resulting from Recipient Non -Compliance. If the Recipient's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Recipient under this Agreement or any other agreement between Recipient and the Commission. In the event the discovery of this cost or Loss arises when no monies are available under this Agreement or any other agreement between the Recipient and the Commission, the Recipient will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Recipient is unable to repay any cost or loss to the Commission, the Commission shall utilize remedies available by law and may notify the State of Florida, Department of Financial Services, pursuant to Section 17.0415, F.S. Section 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Recipient recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. The Recipient is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission's Contract Manager. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 9 of 45 269 FWC Agreement No. Enter CFDA Number(s) B. Property Exempt from Lien. If the Agreement involves the improvement of real property titled to the State of Florida, then the following paragraph applies: The Recipient acknowledges that Property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Recipient shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. Section 7. MONITORING. The Commission's Contract Manager shall actively monitor the Recipient's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in the Requirements of the Federal and Florida Single Audit Acts, Attachment B. Monitoring terms, conditions, and schedules may be included in Attachment A. Section 8. TERMINATION. A. Commission Unilateral Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Recipient with thirty (30) calendar days of written notice of its intent to terminate. The Recipient shall not be entitled to recover any cancellation charges or lost profits. The Recipient may request termination of the Agreement for convenience. B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Recipient with written notice of termination. C. Termination — Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Recipient. Said notice shall be delivered by Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 10 of 45 270 FWC Agreement No. Enter CFDA Number(s) certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Recipient will be compensated for any work satisfactorily completed and any non -cancellable obligations properly incurred prior to notification of termination. D. Termination — Other. The Commission may terminate this Contract if the Recipient fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. The Commission shall give written notice to the Recipient of its intent to terminate the Agreement for cause. In the notice, the Commission shall provide an opportunity for the Recipient to correct the deficiency or provide a corrective action plan to correct the deficiency for the Commission, in its sole determination, to approve or disapprove. If no corrective action plan is submitted and approved, the Recipient shall cure the deficiencies cited by the Commission in its notice within fifteen (15) calendar days of receipt of such notice. If the Recipient does not cure the deficiencies to the Commission's satisfaction within the fifteen (15) calendar days, or within the time proscribed in an approved corrective action plan if one was provided, the Agreement will be terminated for cause. At that time, the Commission will send a second notice to the Recipient noting that this Agreement is being terminated for cause upon receipt of the notice and documenting the reasons this Agreement is being terminated. The Commission reserves the right in its sole discretion, to determine if the Recipient's deficiencies are legally excusable, or to extend the time to cure the deficiencies in writing. The Recipient's damages for termination for cause shall be limited to the cost of work actually performed and approved by the Commission. Section 287.1351, F.S., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. Recipient shall not be entitled to recover any cancellation charges. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 11 of 45 271 FWC Agreement No. Enter CFDA Number(s) E. Recipient Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Recipient shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Recipient shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be Limited to, all books and records kept on behalf of the Commission. Section 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a) & (b), F.S., Attachment A contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Recipient fails to produce each deliverable within the time frame specified by Attachment A, the budget amount allocated for that deliverable will be reduced by ten percent (10%) from the Recipient's payment, unless otherwise modified by Attachment A. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences as listed below or as identified in Attachment A. Temporarily withhold payments pending correction of the deficiency by the Contractor. ii. Reduction of payment if correction of deficiency is not made by the Contractor. iii. Disallow all or part of the cost of the activity or action not in compliance. iv. Wholly or partly suspend or terminate this agreement. v. Withhold future awards for the FWC projects. vi. Take other remedies that may be legally available. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 12 of 45 272 FWC Agreement No. Enter CFDA Number(s) B. Cumulative Remedies. The rights and remedies of the Commission during the Agreement period are in addition to any other rights and remedies provided by law or under the Contract. Section 10. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Contract Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone, and email address of the newest Contract Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Contract Manager has been named. Designating a new Contract Manager shall not require a formal Amendment to the Agreement. COMMISSION CONTRACT MANAGER CONTACT RECIPIENT GRANT MANAGER CONTACT INFORMATION: INFORMATION: William R. Cline, Section Leader Hunter Safety and Public Shooting Ranges Jerrold Seldes, Range Manager Indian River Florida Fish and Wildlife Conservation County Public Shooting Range Commission 620 S. Meridian Street Tallahassee, FL 32399 (850) 528-1761 (cell) Section 11. AMENDMENT. A. Waiver or Modification. 10455 102nd Terrace Sebastian, FL 32958 (585) 764-6623 (cell) No waiver or modification of this Agreement or of any covenant, condition, or Limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Recipient's cost or time shall require an Amendment. Minor changes, such as Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 13 of 45 273 FWC Agreement No. Enter CFDA Number(s) those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulations. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. Section 12. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200), and any Language addressing Federal rights, apply. A. Intellectual and Other Intangible Property. i. Recipient's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in Attachment A, intellectual and other intangible property rights to the Recipient's preexisting property will remain with the Recipient. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, Licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Recipient under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by Federal funds, the Federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 14 of 45 274 FWC Agreement No. Enter CFDA Number(s)li i B. Purchase or Improvement of Real Property. j This Agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. ii. Title. If this Agreement is supported by state funds, the Recipient shall comply with Section 287.05805, F.S. This section requires the Recipient to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A. Title to state-owned real property remains vested in the state. Title to federally owned real property remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. iii. Use. Federally owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A. C. Non -Expendable Property. i. Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non -expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non -consumable and non -expendable nature, with a value or cost of $5,000.00 or more, and a normal expected life of one (1) year or more; hardback -covered bound books that are circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback -covered bound books, with a value or cost of $250.00 or more). ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 15 of 45 275 FWC Agreement No. Enter CFDA Number(s) writing by the Commission or unless otherwise specifically provided for in Attachment A. D. Equipment and Supplies Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title - Supplies. Title to supplies will vest in the non -Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use - Equipment. Equipment must be used by the non -Federal entity in the program or project for which it was acquired as long as needed. Section 13. RELATIONSHIP OFTHE PARTIES. A. Conflict of Interest. The Recipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient and the Commission. B. Recipient Training Qualifications. The Recipient agrees that all Recipient employees, subrecipients, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Recipient shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subrecipients, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Recipient shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Recipient. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 16 of 45 276 FWC Agreement No. Enter CFDA Number(s) technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Recipient of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Recipient, may reject and bar from any facility for cause any of Recipient's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Recipient agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. E. Commission Rights to Undertake or Award Supplemental Contracts. The Recipient agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Recipient and its subcontractors shall cooperate with such other Recipients and the Commission in all such cases. Section 14. SUBCONTRACTS. The Recipient is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. A. Authority. The Recipient shall ensure, and provide assurances to the Commission upon request, that any subrecipient or subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Recipient must provide the Commission with the names of any subrecipient or subcontractor considered for work under this Agreement; the Commission reserves the right to reject any subrecipient or subcontractor. The Recipient agrees to be responsible for all work performed and all expenses incurred with the project. Any subrecipient or subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Recipient further agrees that the Commission shall not be liable to any subrecipient or subcontractor for any expenses or liabilities incurred under the subrecipient agreement or subcontract. The Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 17 of 45 277 FWC Agreement No. Enter CFDA Number(s) Recipient, at its expense, will defend the Commission against such claims. The following provisions apply in addition to any terms and conditions included in Attachment A. B. Recipient Payments to Subcontractor or Subrecipient. If subcontracting is permitted pursuant to Paragraph A, above, Recipient agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the Commission in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the Recipient and subcontractor. Recipient's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against the Recipient and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due. If entering a subrecipient agreement is permitted pursuant to Paragraph A above, Recipient agrees to make payments to the subrecipient for satisfactory performance of the tasks/deliverables identified in the subrecipient agreement. Recipient shall pay subrecipient following the same procedures described in paragraph 4 of this Agreement upon submission of invoices for allowable expenses, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Recipient. C. Commission Right to Reject Subrecipient or Subcontractor Employees. The Commission shall retain the right to reject any of the Recipient's, subrecipient's or subcontractor's employees working or anticipated to work on this project, whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor and Subrecipient Conflict of Interest. If subcontracting or entering a subrecipient agreement is permitted pursuant to Paragraph A above, the Recipient agrees to take such actions as may be necessary to ensure that each subcontractor or subrecipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 18 of 45 278 FWC Agreement No. Enter CFDA Number(s) hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient, as applicable subrecipient or subcontractor, and the Commission. Section 15. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Recipient shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Recipient must disclose, in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. B. Convicted Vendors. The Recipient hereby certifies that neither it, nor any person or affiliate of Recipient, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Recipient shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, subrecipient, contractor, or subcontractor, are on the convicted vendors List maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d), F.S. i. convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Recipient, 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 thirty-six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 19 of 45 279 FWC Agreement No. Enter CFDA Number(s) suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: https://www.dms.myfLorida.com/business_operations/state_purchasi g/sta te_agency resources/vendor_ registration_ and vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. iii. Vendors on Scrutinized Companies List. The Recipient certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, the Recipient agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Commission may immediately terminate this Agreement for cause if the Recipient, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Recipient, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. C. Discriminatory Vendors. The Recipient shall disclose to the Commission, in writing, if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "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." Section Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 20 of 45 280 FWC Agreement No Enter CFDA Numbe 287.134(2)(a), F.S. Recipient has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. D. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Recipient has a continuing duty to promptly disclose to the Commission's Contract Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Recipient's ability to perform under this Agreement. If the existence of such Proceeding causes the Commission concern that the Recipient's ability or willingness to perform the Agreement is jeopardized, the Recipient may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Recipient will be able to perform the Agreement in accordance with its terms and conditions; and, b.) Recipient and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. E. Certain Violations of Federal Criminal Law. If this Agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Recipient must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Section 16. INSURANCE. If the Recipient is a state or federal agency with self-insurance, Recipient warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state or federal law and that such insurance or self-insurance offers protection applicable to the Recipient's officers, employees, servants and agents while acting within the scope of their employment with the Recipient. If the Recipient is not a state or federal agency with self-insurance, then the following applies: A. Reasonably Associated Insurance. During the term of the Agreement, the Recipient, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 21 of 45 281 i i FWC Agreement No. Enter CFDA Number(O i be reasonably associated with the Agreement. Providing and maintaining adequate insurance coverage is a material obligation of the Recipient, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Recipient shall not be interpreted as limiting the Recipient's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida. B. Workers Compensation. To the extent required by Chapter 440, F.S., the Recipient will either be self- insured for Worker's Compensation claims or will secure and maintain during the Life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project, with minimum employers' liability limits of $100,000.00 per accident, $100,000.00 per person, and $500,000.00 policy aggregate. Such policy shall cover all employees engaged in any contract work. If any work is subcontracted, the Recipient shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the tatter's employees unless such employees are covered by the protection afforded by the Recipient. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law (Chapter 440, F.S.). In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Recipient shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Recipient, for the protection of its employees not otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. C. General Liability Insurance. By execution of this Agreement, unless Recipient is a state agency or subdivision as defined by Subsection 768.28(2), F.S. or unless otherwise provided for in Attachment A, the Recipient shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 22 of 45 282 FWC Agreement No. Enter CFDA Number(s) D. Insurance Required for Performance. During the Agreement term, the Recipient shall maintain any other types and forms of insurance required for the performance of this Agreement as required in Attachment A. E. Written Verification of Insurance. Upon execution of this Agreement, the Recipient shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage. Within thirty (30) days of the effective date of the Agreement, Recipient shall furnish proof of applicable insurance coverage to the Commission's Contract Manager by standard Association for Cooperative Operations Research and Development (ACORD) form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, Recipient shall immediately notify the Commission's Contract Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15) business days after the cancellation of coverage. F. Commission Not Responsible for Insurance Deductible. The Commission 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 Recipient providing such insurance. Section 17. SPONSORSHIP. As required by Section 286.25, F.S., if the Recipient is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Recipient's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Recipient's organization. Additional sponsorship requirements may be specified in Attachment A. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 23 of 45 283 FWC Agreement No. Enter CFDA Number(s) Section 18. PUBLIC RECORDS. A. All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Agreement may be unilaterally canceled by the Commission for refusal by the Recipient to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Recipient in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. C. If the Recipient meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Recipient shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850-488-6553, RecordsCustodian(3DMyfwC.c0m, and 620 South Meridian Street, Tallahassee FL 32399 ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission's custodian of public records, provide the Commission 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, F.S. or as otherwise provided by Law. iv. 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 Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 24 of 45 284 FWC Agreement No. Enter CFDA Number(s) public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission 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 Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. Section 19. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Recipient, and any subcontractor to the Recipient, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Recipient shall provide any type of information the Inspector General deems relevant to the Recipient's integrity or responsibility. Such information may include, but shall not be limited to, the Recipient's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Recipient agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Recipient's compliance with the terms of this or any other agreement between the Recipient and the State which results in the suspension or debarment of the Recipient. Such costs shall include but not be Limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. Section 20. SECURITYAND CONFIDENTIALITY. The Recipient shall maintain the security of any information created under this Agreement that is identified or defined as "confidential" in Attachment A. The Recipient shall not divulge to third Parties any confidential information obtained by the Recipient or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Agreement work. To ensure confidentiality, the Recipient shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 25 of 45 285 FWC Agreement No. Enter CFDA Number(s) Section 21. RECORD KEEPING REQUIREMENTS. A. Recipient Responsibilities. The Recipient shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Contractor Books, Documents, Papers, and Records. The Recipient shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Recipient's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions.. C. Recipient Records Retention. Unless otherwise specified in Attachment A, these records shall be maintained for five (5) fiscal years following the close of this Contract, or the period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State (https://dos.myflo rida.com/library archives/records-management/general-records-schedules/), whichever is longer. Recipient shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Recipient Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Recipient shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 26 of 45 286 FWC Agreement No. Enter CFDA Numbers) awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.g_ov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010, are subject to the FFATA. The Recipient agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. Section 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT (FSAA)REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Recipient has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Recipient may be subject to the audit requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Recipient shall comply with the audit requirements outlined in Attachment B, attached; hereto and made a part of the Agreement, as applicable. Section 23. FEDERAL COMPLIANCE. As applicable, Recipient shall comply with all federal laws, rules, and regulations, including but not limited to: A. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act (33 U.S.C. 1251-1387 as amended). B. Lacey Act, 16 U.S.0 3371-3378. i This Act prohibits trade in wildlife, fish and plants have been illegally taken, possessed, transported or sold. C. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. D. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 27 of 45 287 FWC Agreement No. Enter CFDA Number(s) transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. E. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a "taking" of any listed species of endangered fish or wildlife. Also, generally prohibited are the import, export, interstate, and foreign commerce of listed species. Section 24. FEDERAL FUNDS. This Agreement relies on federal funds, therefore, the following terms and conditions apply: A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Recipient is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60-1.4). 41 CFR Part 60-1.4 is hereby incorporated by reference. C. Davis -Bacon Act. Unless exempt, the Davis -Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5, is applicable to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the Agreement no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. Davis -Bacon Act does not Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 28 of 45 288 FWC Agreement No. Enter CFDA Number(s) apply if federal funding is solely provided by the American Rescue Plan Act (AR PA). D. Copeland "Anti -Kickback Act". i. Recipient. The Recipient shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement. ii. Subcontracts. The Recipient or subrecipient/subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subrecipients/subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subrecipient/subcontractor or lower tier subrecipient/subcontractor with all these contract clauses. iii. Breach. A breach of the Agreement clauses above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12. E. Contract Work Hours and Safety Standards Act 29 CFR 5.5(b) Contract Work Hours and Safety Standards Act is hereby incorporated by reference. F. Rights to Inventions If this Agreement is supported by federal funds and meets the definition of "funding agreement" under 37 CFR Part 401.2(a) then the Recipient must comply with all requirements of 37 CFR Part 401. G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) applies. H. Debarment and Suspension Recipient Federal Certification i. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the Recipient is required to verify that none of the Recipient's principals (defined at 2 CFR § 180.995) or its affiliates (defined Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 29 of 45 289 FWC Agreement No. Enter CFDA Nu at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). ii. The Recipient must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by Recipient/Subrecipient. If it is later determined that the Recipient did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to Recipient/Subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The Recipient agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any Agreement that may arise from this offer. The Recipient further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. Byrd Anti -Lobbying Amendment Recipients awarded $100,000 or more in Federal funds shall file the required certification. Recipients shall file the required certification with the Commission's Contract Manager five (5) business days after Agreement execution. 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 USC Part; 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 Commission. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 30 of 45 290 FWC Agreement No. Enter CFDA Number(s) J. Procurement of Recovered Materials i. In the performance of this Agreement, the Recipient shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the Agreement performance schedule; b. Meeting Agreement performance requirements; or c. At a reasonable price. ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines. iii. The Recipient also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. K. Domestic Preference for Procurements As appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all contracts for work or products under this Agreement. ii. For purposes of this section: a. "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. b. "Manufactured products" means 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. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 31 of 45 291 FWC Agreement No. Enter CFDA Number(s) L. Compliance with Office of Management and Budget Circulars. As applicable, Recipient shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). M. Drug Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, the Recipient attests and certifies that the Recipient will provide a drug-free workplace compliant with 41 U.S.C. 81. N. American Rescue Plan Act (ARPA) of 2021. If this Agreement relies on ARPA federal funds, then the following shall apply: i. Recipients shall provide their Unique Entity Identifier (UEI) and any other financial information requested in the sam._g_ov_ financial registration process to the Commission prior to Agreement execution. ii. Public Law 117-2, American Rescue Plan Act of 2021, Title XI -Committee of Finance Subtitle M; Section 9901. iii. Coronavirus State Fiscal Recovery Fund (SFRF) (31 CFR Part 35). iv. Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). V. US Department of Treasury, Compliance and Reporting Guidance State and Local Recovery Funds, as amended. 0. Build America, Buy America (BABA) provision of the Infrastructure Investment and Jobs Act (IIJA) of 2021. (117 P.L. 58). If federal funds are awarded to be used in this Agreement for any project involving construction, alteration, maintenance, or repair of infrastructure in the United States, and if the project involves infrastructure as defined by §70912(5) of BABA, which includes, but is not limited to roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; then: Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 32 of 45 292 FWC Agreement No. Enter CFDA Number(s) i. All iron and steel, manufactured products, and construction materials used in the project must be produced in the United States. ii. The BABA provision applies to all articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project for federal awards on or after May 14, 2022. iii. All subcontractors, successors, or assignees to this Agreement will be held to the same requirements as the original Parties to this Agreement. iv. The BABA provision does not apply to tools, equipment, and supplies brought to the construction site and removed at or before completion of the infrastructure project. Nor does the BABA provision apply to equipment and furnishings used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. P. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure, obtain, extend or renew an agreement that utilizes telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 33 of 45 293 FWC Agreement No. Enter CFDA Number(s) Section 25. AGREEMENT -RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by' Law. Additional information about PRIDE and the products it offers is available at http://www.Dride-enterprises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 34 of 45 294 FWC Agreement No. Enter CFDA Number(s� C. Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. Section 26. INDEMNIFICATION. If the Recipient is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., or as a governmental entity as defined in Subsection 287.012(14), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. Recipient is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees, volunteers and agents. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, F.S., as amended. If Recipient is not a state agency or subdivision as defined above, Recipient shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Recipient, its agents, employees, partners, or subcontractors, provided, however, that Recipient shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. The Commission reserves the right to select its counsel. Section 27. NON-DISCRIMINATION. i No person, on the grounds of race, color, religion, gender, pregnancy, national origin, age, handicap, or marital status, shall be excluded from participation in, be denied thel proceeds or benefits of, or be otherwise subjected to discrimination in performance of l this Agreement. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 35 of 45 295 FWC Agreement No. Enter CFDA Number(s) the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Recipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE THE RECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. Recipient shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission 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, Recipient shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Recipient, provided that Recipient grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Recipient 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 the Agreement in whole or in part. Section 35. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Recipient's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in Attachment A. Section 36. REPORTING REQUIREMENTS CONCERNING EXECUTIVE ORDER 20-44. This term does not apply to governmental entities. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 41 of 45 301 FWC Agreement No. Enter CFDA Number(s) If this Agreement is a sole -source, public-private agreement or if the Recipient, through this Agreement with the State, annually receives 50% or more of their budget from the State or from a combination of State and Federal funds, the Recipient shall provide an annual report (Executive Order 20-44 Attestation Form, Attachment C), 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 Recipient must also inform the Commission's Contract Manager 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 Recipient. Section 37. MEDIA REQUESTS. Recipients shall refer all requests by the media or public relations personnel to the Commission's Contract Manager. Recipients must submit a written request for permission before consulting with the media and the Commission will provide consultation and talking points. Recipients will not issue news releases, respond to questions, or make statements on behalf of the Commission or its partners without prior direction and the Commission's written approval. Production and filming requests related to this Agreement shall be processed through the Commission only. Section 38. USE OF SMALL UNMANNED AIRCRAFT SYSTEMS Unless superseded or otherwise further described in Attachments A, if the Recipient intends to use a small unmanned aircraft system (sUAS) at any time throughout the duration of the Agreement, the Recipient shall request approval from the Commission, in writing, prior to use. Upon request by the Commission, the Recipient shall provide all required documentation, such as license or certification, flight plans, and registrations. The Commission will notify the Recipient in writing of the approval or rejection of the request. If approved, the Recipient will be provided with the Commission's policies, and is responsible and liable for adhering to any and all rules and regulations, including the Commissions policies, applicable to operating sUAS. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 42 of 45 302 FWC Agreement No. Enter CFDA Number(s) Section 39. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail: this Agreement and its attachments, the terms of the solicitation and the Recipient's response to the solicitation. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 43 of 45 303 FWC Agreement No. Enter CFDA Number(s) 419101_lt1114lcl0 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. RECIPIENT EXECUTION SIGNATURE COMMISSION EXECUTION SIGNATURE Indian River County Board of County Commissioners Florida Fish and Wildlife Conservation Commission Recipient Signature Executive Director (or Designee) Signature Susan Adams Morgan Richardson Chairman Director, Division of Hunting and Game Management Date Date ATTACHMENTS Attachments in this Agreement include the following: • Attachment A, Scope of Work Attachment B, Requirements of the Federal and Florida Single Audit Acts Attachment C, Executive Order 20-44 Attestation Form • Attachment D, Audit Requirements for Awards of State and Federal Assistance, • Attachment E, Cost Reimbursement Contract Payment Requirements Attachment F, Invoice Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 44 of 45 304 FWC Agreement No. Enter CFDA Number(s) Attachment G, Sub Recipient vs. Vender Determination for Contractual Services Funded (wholly or in part) by Federal Awards to FWC. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 45 of 45 305 ATTACHMENT A SCOPE OF WORK FWC Contract No. #IRC DRAFT Section 1. PURPOSE OR PROJECT WORKPLAN Indian River County Shooting Range Expansion Project — Sporting Clays Facility Improvements. Make improvements for Indian River County Public Shooting Range as outlined in County Project #1847 as described in the attached Sporting Clays Facility Improvements plan. A. Background Indian River County Shooting Range is a public shooting sports facility offering supervised rifle and handgun ranges. It also features sporting clays, 5 -stand, trap, skeet, an air rifle range, and archery ranges. It was developed through funding from WSFR and Indian River County. Continued improvements are necessary to improve drainage and improve public access to the sporting clays course. B. Support of Commission Mission / Return on Investment Expanding the sporting clays course trail to improve public access and drainage will increase usage and provide an accessible sporting clays course. Section 2. TERMINOLOGY/ACRONYMS Commission — Florida Fish and Wildlife Conservation Commission County — Indian River County Section 3. DELIVERABLES 1. DELIVERABLE #1 1.1. Completed Sporting Clays Facility Improvements as outlined in the Attached Signed and Sealed Drawings listed as County Project #1847 1.2. Copies of all appropriate competitively procured bid documents for this project. 1.3. Documentation showing all contractor invoices paid) 1.4. Timeline for Completion: 360 days after date of contract execution. Section 4. CONTRACT MONITORING A. Programmatic - Final Project Inspection report completed by FWC Contract Manager indicating that all punch list items (construction deficiencies) have been addressed. B. Fiscal — The County shall be reimbursed only for budgeted expenses incurred during the term of the Agreement that are directly related to the project. 306 Insert Project Title Section 5. COMPENSATION AND PAYMENT A. Fee Schedule FWC Contract No. # For satisfactory completion of the tasks described in this Scope of Work by the County under the terms of this Agreement, the Commission shall pay the County on a cost reimbursement basis in an amount not to exceed $200,000. The County shall be reimbursed only for budgeted expenses incurred during the term of the Agreement that are directly related to the project. B. Invoice Schedule The County will submit one request for reimbursement within 30 days after completion of the Project, as described herein, and acceptance of deliverables in writing by the Commission's Contract Manager. The Commission shall have 10 working days to inspect and approve goods and services. C. Travel Expenses No travel expenses are authorized under the terms of this agreement. D. Forms and Documentation The County shall be reimbursed on a cost reimbursement basis in accordance with Cost Reimbursement Contract Payment Requirements, attached hereto and made a part of hereof as Attachment D. The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, which shall include the FWC Contract Number, the Grantee's Federal Employer Identification (FEID) Number, and indicate the dates of service. The invoice shall be accompanied by photographs to document project completion, an itemized list of all project expenditures, and copies of invoices and cancelled checks or check numbers to document payment for all project expenditures. Section 6. FINANCIAL CONSEQUENCES Payment will not be made if not processed in accordance to this agreement. Section 7. FIGURES/IMAGES/MAPS/TABLES, ETC. Sporting Clays Facility Improvements Signed and Sealed plan set for County Project #1847: Attachment A: Scope of Work Last Revised: 3.23.2023 Page 2 of 2 307 LLJ (D VLJ/ Z r (1) z WW L Z W O O Z/� O VJ ti co U�—vim O�J� 4' U J m W ~ Q a a z LL OU � Z Z J O U QODaf U z> O�� m0Q Wo z �i CO15 0 LL o � W LLJ (D VLJ/ Z r (1) z WW L Z W O O Z/� O VJ ti co U�—vim O�J� 4' U J m W ~ Q a a z LL OU � Z Z J O U QODaf U z> O�� m0Q Wo z �i CO15 0 LL 341t a O K � 0 W ¢ w O LU 2 Z o y o� Q Q N O_QpiO� p y Ty G y:ZD a �32LL��ZW�Z 3 oUoo< OVZw00Os_m tt ! 0 J i� C7 LLI Q>_W-W � S i m wjVRQwww.0 N Y W�3w' w°wJ�ZOO��y 3 (�y aQa -xw MORWoWWWR < m o �QNIaE ?aw= N Q¢w��Mwad2 ��cg a o cozo o W W a L) LLQ W a 0 341t a 341t t ax �' ad8` R48ran a ME s � 4 88 wawwgw w LL°u:LLx Sa Hit F g � s i � a s o m 'Rail g3 €ka k ii k P p�6 gF sSaaam ¢Y$s%co g `k a `< a �e am mms6s� �a S� �a 8H.M.°3d ash g€N�oo� o u p 5Had .-Ah Ari0agge \ \ \ . . . . .. . . .. . . . . .., . �_f_,_v�,� «� � w� _w_.� o� �!� «_c_,�+�z�r_._»_.���t_ _: _� t�;� � � :. .. . 2:� . .. . . ,.: y ..z. , . ,| , � � \ �� a. ) ` . . . | r§ § , \� � �� \ �� | )� �\ �). ;| • §� |),§§ §; �/\| �%` )� � � �) )| �(| �§� @ / �� \�|)� ` £/ )§q §�|§) \)]r§§�|` )� §���)( 4 l------------------ -------- i a ; P rid $ - ---- - i .M ! f:.:M _711..1 M' A& i .:W!' Sit .. �� t' t._# :: +*!`t'e_IK ie.?..._� .t`'� t'_. ` 'rte. -s'. itr'. sq p, F 8 g ppQQ n a LU 00 j a o { ; OFFICE OF RXRCUTIVtORDERNIJ.3.MRR2044 WHER1" the Flee & Coalition Against Dorney Violence alifth) submitted t 111Mts to dw Executive Date of the Governor and Florida House oflepresentativ sen Fcbrunry 12, 2020, revealing that the Coaliti—on used funds *om the Deft Al i emd Fasruil es to subsidize Stant executive leadership team composWon payouts; and WHEREAS, in t nation indicis t ttumber+ofmuvf`vm twrne d : . -morin domestic violence shelters around the State grew as *e Coalition increasingly directed State -allocated funds to executive ve team compensation; and WHEREAS, upon receiving evidence of'ke Coalition's fiscal irresponsibility, I Ordered the0f&eof the Cbiefluspector.0eneral to s thoro* =vie r. - witiaws compensation practices and to refer the matter for i l f avNtigatiion, if necessary; and WHEREAS, several- provisioizs-of l various R=Udwesveaw to. ontw sdlo- source contracts or t1dW agreements vft venain private a0ft on Ana npetft a basis; and WHEREAS, section 39.903, FLLSUC, pmvides owemVile by' requiring the DqwMewof Children and FWaili+ts O MOUTO wi* dw Conlitim forthe-delivery and ment-Of services fiw do State's domestic violen.cepworawand WHEREAS, significant State funds are direetail to pdvworg asuzationsArough wry, non-competitive State contracts and other public-private agreements; and WHEREAS, Florida law requires that eachagency include. in QOuUSM ' nppwprfW audit and OVftigltta M* and agency access ted a psipers, leers, of other material made or receivvd'by do contmW in:' _:ctioo W*t*tel said 315 WHEREAS, public-private parmetstil" Affeadwly sem to People of Florida only when good stewards of SUft ft= s lead the partneri ad uphold the uses of transparency and accountability. Nt) V, THRREMM I, Rf31 VZOANTM as Oavwio of F1*,1 =Vkft*,o€*e author4 vested in to by Article IV, Section 1(a) of#lte, or* Cv , :MW sll odd applicable laws, promu4pftthe folkriving Executive Order, to tale immediate effect: &"o 1,. I herby direct all Executive agencies to sit to *q E. uOvaOfikv of the Governor, with 45 ars of Ortkz,.a DO of (a) #R ties named in statute with the a y mug form a sole�-source, publkI rivate agreement; and (b) all entities that, dnlmgh contract or other agreemeat with the State, annually r M've. $We ortwo of tl .iOiget from the State .or from a comet of-State and Federal. funds. Sectim 2. I further direct that, wMi t,45 days j*f=Wssion off list, each agency obtain and review Copies of the IRS Form 990 and other documentation for each listed entity showing total compensation—, include salary, bonuses, cashed4n leave, cash eqtdivalents6 severance pay, retu=U0 benefits, deferred compensation, real-property gift and-ow payout—for all members of the listed carnalmrs, execu i -leadership team-for'the past yew; if the compensation totals excel limits set forth in fedaial or sure law and regulations, the agency shall refer the'tnatter to the Office of the C,hief Inx0coW d jor,iUVCSUS46ft abd appropriate action. SM—d-M-:3 In addition, within 45 Jays of submission of te4istfrom SM604 s , Order., each Executive..agency must. veW+comepINi NW v tW Florida M"k Audit Act and develop, for a tnissiOn to the t�ce of am chiekvacwr C#mmal, nn>apptopriM"W" 316 action plan for non-ompliawo (w my iat mad, and it ftdw Aw.pWoiC corrective action plans. SIGAM - EWA Eve "q ShAll heacdwth require, fi=n entities that meet-lbe critetia fisted in Section l of this Ordw, an numW Mort, including the most recent M,S Forxn 990. detailing.the total compenodoo Im the entWW MWOW"lesda3bip teat& TO compensation shall ire sem, bogies, cashes" I=M cob 0OV40ift apwme pay, retirement benefits, deferred compensation, "-psoper1y Sft awl any odtdf In addition, contracted entities must agree tugs contract urgo t agreement amendtt`tt► i rm the agency of any changes in total exeo*vo componsation betw=een the annual All compensation reports must indicate what perms of compensation comes dkoody ltoln the :SUft or Federal allocations to the contracted entity. IN TESTSIONY WHERE . -1< have hereunto set my hand and caused the Great Seal of the aflUflda to be affixed, at Tallahassee, this of bruar,�, Department of Financial Services D''f d' A t' d A t' B — r r d'ti tvasion' o ccoun tng an u t ing u eau o u i ng ' AUDIT REQUIREMENTS FOR AWARDS OF STATE AND FEDERAL FINANCIAL ASSISTANCE te: Rule Chapi , Florida Administrative Code (F.A. C), State Financial Assistance, incorporates this form as the regulations cited therein by reference in Rule 691-5.006, F.A.C. Rule 691-5.001, F.A.C., incorporates 2 CFR Part 20 niform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, including Subpart F - udit Requirements, 2018 Edition, and its related Appendix W,, Compliance Supplement, April 2017 and April 2018. The nrm and regulations can be accessed via the Department of Financial Services' website at ht1ps:11apps. ldfs.com/fsaa/. , The administration of resources awarded by the Department of ABC (replace "Department of ABC" with the appropriate reference to the contracting state awarding agency) to the recipient (or other appropriate reference to the recipient) may be subject to audits and/or monitoring by the Department of ABC, as described in this section. +DNITO 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 of ABC 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 of ABC. In the event the Department of ABC determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Department of ABC 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 of ABC 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 ABC. 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, DFS -A2 -CL Page -1- Rev. 11/18 Rule 69I-5.006, F.A.C. 318 AND FEDERAL FINANCIAL 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). The state aw ming agency should address other miscellaneous matters affecting audits offederal n that would facilitate the recipient's complianggiijigNMijiiW""ik6iklib 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 69I-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. EDIT 1 to this form lists the state financial assistance awarded through the Department of ABC 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 ABC, 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 II, 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). Note: The state awarding agency should address other miscellaneous matters affecting audits of state financial assistance, such as identifying websites with information that would facilitate the recipient's compliance. Part III: Other Audit Requirements Note: This Part should be used to specify 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), F.S., state agencies may conduct or arra n or audits of state financial assistance that are in addition to audits conducted in accordance with section 215.9 h an event, the state awarding agency must arrange for funding the full cost of such additional audits.';:: 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. DFS -A2 -CL Page -2- Rev. 11/18 Rule 69I-5.006, F.A.C. 319 AND FEDERAL FINANCIAL 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 H of this form shall be submitted by or on behalf of the recipient directly to each of the following: a. The Department of ABC at each of the following addresses: Department address(es) (i.e., office(s) responsible for program oversight) 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 (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. (The state awarding agency should use the following language, if applicable) Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the recipient directly to: The Department of ABC at each of the following addresses: Department address(es) (i.e., office(s) responsible for program oversight) 4. Any reports, management letters, or other information required to be submitted to the Department of ABC 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. 5. Recipients, when submitting financial reporting packages to the Department of ABC 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 years (specify appropriate number of years, should be at least five years) from the date the audit report is issued, and shall allow the Department of ABC, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of ABC, or its designee, the CFO, or Auditor General upon request for a period of (specify appropriate number ofyears, should be at least three years) years from the date the audit report is issued, unless extended in writing by the Department of ABC. Note: Records need to be retained for at least five years to comply with record retention requirements related to, original vouchers as prescribed by the Department of State, Division of Library and Information Services, Bureau'F Archives and Records Mana—vement DFS -A2 -CL Page -3- Rev. 11/18 Rule 69I-5.006, F.A.C. 320 111jilliffilo I N ' AUDIT REQt1IREMENTS FOR AWARDS OF . fill TATE AND FEDERAL FINANCIAL ASSISTANC ` EXHIBIT 1 Federal Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded. 1. Federal Program A: List federal agency, Catalog of Federal Domestic Assistance title and number, and $ (amount). 2. Federal Program B: List federal agency, Catalog of Federal Domestic Assistance title and number, and $ (amount). Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Note: If the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below. 1. Federal Program A: List applicable compliance requirements as follows: a. First applicable compliance requirement (e.g., what services or purposes resources must be used for). b. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). c. Etc. 2. Federal Program B: List applicable compliance requirements as follows: a. First applicable compliance requirement (e.g., what services or purposes resources must be used for). b. Second applicable compliance requirement (e.g., eligibility requirements for recipients of the resources). c. Etc. Note: Instead of listing the specific compliance requirements as shown above, the state awarding agency may elect to use language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules, regulations, etc. For example, for Federal Program A, the language may state that the recipient must comply with specific laws, rules, regulations, etc., that pertains to how the awarded resources must be used or how eligibility determinations are to be made. The state awarding agency, if practical, may want to attach a copy of the specific w r DFS-A2-CL Page -4- Rev. 11/18 Rule 69I-5.006, F.A.C. 321 U—TATE AND FEDERAL FINANCIAL ASSISTANCIi State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following: Matching Resources for Federal Programs: Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching. 1. Federal Program A: List federal agency, Catalog of Federal Domestic Assistance title and number, and $ (amount). 2. Federal Program B: List federal agency, Catalog of Federal Domestic Assistance title and number, and $ (amount). Subject to Section 215.97, F.S.: Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is subject to section 215.97, F.S. 1. State Project A: List state awarding agency, Catalog of State Financial Assistance title and number, and $ (amount). 2. State Project B: List state awarding agency, Catalog of State Financial Assistance title and number, and $ (amount). Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement Are as Follows: Note: List applicable compliance requirements in the same manner as illustrated above for federal resources. For matching resources provided by the Department of ABC for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amounts of the non-federal resources, there may be more than one grouping (i.e., 1, 2, 3, etc) listed under Ail For questions regarding Form DFS -A2 -CL, contact your FSAA state agency liaison or the Department of Financial Services, Bureau of Auditing, at FSAA@MyFloridaCFO.com or (850) 413-3060. DFS -A2 -CL Page -5- Rev. 11/18 Rule 69I-5.006, F.A.C. 322 FWC Contract No. 15120 Attachment D COST REEWBURSEMENT CONTRACT PAYMENT REQUIREMENTS Pursuant to the February, 2011 Reference Guide for State Expenditures published by the Department of Financial Services, invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). In addition, supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of types of supporting documentation: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A- 1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. Additionally, the invoice or submitted documentation must evidence the completion of all tasks required to be performed for the deliverable and must show that the provider met the minimum performance standards established in the agreement. August 2013 Page 1AJ FWC Contract No. 15120 Billed to: Florida Fish and Wildlife Conservation Commission Hunter Safety and Public Ranges Section 620 S. Meridian Street Tallahassee; FL 32399-1600 Remit Payment to: Grantee: FEID#: Address: Attachment lE INVOICE Invoice No. Invoice Date: FWC Contract No. - Amount of Grant Award $ Billing Period / Dates of Service: Y From: i To: PROJECT COSTS: In -Kind Services — Non-cash expenses: Amount In-kind service: Administration $ In-kind service: Project Management $ In-kind service: Other $ Deliverables/Services Provided (Scope of Work) —Cash expenditures Amount Total Project Cost: $ Grantee Share (,%): - $ Amount for Reimbursement: $ I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Date: Project Manager Page 1 of 1 324 SUB -RECIPIENT vs. VENDOR DETERMINATION FOR CONTRACTUAL SERVICES FUNDED (wholly or in part) BY FEDERAL AWARDS TO FWC Contractor/Grantee: FWC Project Title: Federal Agency/Program: Federal Agency Award Number: CFDA No.: FLAIR Grant Number: Based on Federal guidelines in The Code of Federal Regulations, 2 CFR 200 (a) General Federal funds expended as a sub -recipient would be subject to audit under the requirements of Code of Federal Regulations 2 CFR 200 Subpart F. Payment received by a vendor for goods and services provided would not be considered Federal awards and would not be subject to audit. The guidance in sections (b) and (c) below should be considered in determining whether payments constitute a Federal award to a sub -recipient or constitute payment to a vendor for goods and services. (b) Characteristics of a sub -recipient are when the organization receiving the contract (check all that apply): ❑ (1) determines who is eligible to receive specific Federal financial assistance; ❑ (2) has its performance measured against whether the objectives of the Federal program funding the services are met; ❑ (3) has responsibility for programmatic decision-making; ❑ (4) has responsibility for adherence to applicable Federal program compliance requirements; ❑ (5) uses the Federal funds to carry out a program of the organization instead of providing goods or services for a program of the pass-through entity. Some additional characteristics (in reference to research projects) of a sub -recipient relationship include, but are not limited to, when: ❑ (6) substantive, programmatic work or an important or significant portion of a research program or project is being undertaken by the other entity; ❑ (7) the other entity participates in a creative way in designing and/or conducting the research; ❑ (8) a principal investigator has been identified at the entity and functions as a "Co -Investigator"; ❑ (9) there is an expectation that the entity will retain ownership rights in potentially patentable or copyrightable technology or product that it produces in the course of fulfilling its scope of work; ❑ (10) publications may be created or co-authored at the entity; ❑ (11) the entity provides cost sharing or matching funds for which it is not reimbursed by pass- through entity. (c) Characteristics of a vendor are when the organization receiving the contract (check all that apply): ❑ (1) provides the goods and services within normal business operations; ❑ (2) provides similar goods and services to many different purchasers; ❑ (3) operates in a competitive environment; 325 ❑ (4) provides goods or services that are ancillary to the operation of the Federal program; ❑ (5) is not subject to compliance requirements of the Federal program funding the services. Some additional characteristics (in reference to research projects) of a vendor relationship include, but are not limited to, when: ❑ (6) the entity has provided little or no independent decision-making in the design and conduct of the research being completed; ❑ (7) the entity commits to deliverable goods or services, which if not satisfactorily completed will result in no payment; ❑ (8) the entity does not expect to have its employees credited as co-authors on papers or publications that result from the research; and ❑ (9) the work will not result in any potential patentable or copyrightable products. (d) Use of judgment in making the determination. There may be unusual circumstances or exceptions to the characteristics listed above. In making the determination of whether a sub -recipient or vendor relationship exists, the substance of the relationship is more important than the form of the agreement. It is not expected that all of the characteristics will be present, and judgment should be used in determining whether the entity is a sub -recipient or a vendor. (e) For-profit sub -recipient. FWC is responsible for establishing any necessary requirements to ensure compliance by for-profit sub -recipients. The contract with the for-profit sub -recipient should describe applicable compliance requirements and the sub -recipient's responsibilities. Methods to ensure compliance for Federal pass -though awards to for-profit sub -recipients may include pre -award audits, monitoring during the period of performance, and post -award audits. (f) Compliance responsibility for vendors. In most cases, FWC's compliance responsibility for vendors is to ensure that the procurement, receipt, and payment for services comply with the laws, regulations, and provisions of the agreement. Program compliance requirements do not normally pass through to vendors. rsriet uescription or work to ne vertormea: Determining characteristics: ❑ Recipient ❑ Vendor Contract manager consulted with the Project Investigator when making determination: ❑ Yes ❑ No Name of Project Investigator Contract Manager Signature Date FWC Federal Checklist 43612021 Consideration of Revised IRC Local Housing Assistance Plan (CHAP) for Fiscal Years 2024-2025, 2025-20261 & 2026-2027 January 23, 2024 Past County LHAPs • Section 420.907, F.S., and Rule 67-37.005, Florida Administrative Code (FAC), the BCC approved the County's first LHAP (Ordinance #93-13) on April 6, 1993. Subsequently, the Florida Housing Finance Corporation (FHFC) approved the county's plan and authorized the disbursement of State Housing Initiatives Partnership (SHIP) Program funds. • Rule 67-37.005(2), Florida Administrative Code, every 3 years each local government receiving SHIP funds must submit a new Local Housing Assistance Plan (LHAP) to the FHFC. • County's plan was submitted in 1994, 1997, 2000, 2003, 2006, 2009, 2012, 2015, 2018 and 2021. 2023.County LHAP • BCC approved the County's current 3 -year plan. • The FHFC approved the county's plan and authorized the disbursement of SHIP funds until June 30, 2024. • By May 2024, the County must submit to FHFC a new 3 -year plan for FY 2024-2025, FY 2025-2026, and FY 2026-2027. Program Results •Applicants helped: 71 •Total fund 3.7 million dollars • Program income made 1.9 million Proposed 2024 County LHAP • LHAP has been successful in directing assistance to eligible households within the county for activities including home acquisition, minor and major rehab, and emergency rehab. • SHIP is a state funded program (State FY July 1 to June 30). • SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. • For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income includes SHIP loan repayments and interest earned. • For FY 23-24, full funding at approximately $1.8 million Proposed 2024 County LHAP Maintain the Following Maximum Awards • Purchase Assistance • $50,000 VLI (Below 50% AMI) • $35,000 (LI — 80% AMI) • $20,000 (MI — 120% AMI) • Impact Fees - $20,000 • Disaster - $30,000 Proposed 2024 County LHAP Increase the Following Maximum Awards • Emergency Repair Loans from $25,000 to $35,000 • Increase Maximum Purchase Price from $294,601 to $300,000 • ADA language added to the Emergency Repair Strategy Proposed 2024 County LHAP Foreclosure Prevention -To assist income -eligible applicants to prevent foreclosure. This is a one-time assistance only. Applicants requesting assistance must be able to prove that their financial situation is temporary and is due to a change in the family status, including but not limited to serious medical illness, divorce or separation, death in the family, unforeseen home repair bills, a reduction in the number of scheduled work hours, or a job loss that was not the fault of the recipient. • Maximum award -$8,000 • Interest Rate- 0% • Loan Term- 2 years • Forgiveness: the entire loan amount will be forgiven after 2 years of occupancy Summary As drafted, the proposed plan meets all state and local requirements. Once adopted by the BCC and approved by the state, the LHAP will provide the basic framework and operating procedures for the SHIP program for the next 3 fiscal years. Once adopted and approved, the new plan will also make the county eligible to receive SHIP funds until June 2027. Recommendation Staff and AHAC recommends that the BCC: 1. Recommend the approval of the new Indian River County LHAP with any proposed modifications. GRANT NAME: Triple N Ranch and Indian River County Expansion Project GRANT # AMOUNT OF GRANT: $200,000.00 DEPARTMENT RECEIVING GRANT: CONTACT PERSON: Jerry/ Seldes Parks, Recreation and Conservation - Shooting Range TELEPHONE: 772-226-3091 1. How long is the grant for? E Xp 12/31/24 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant N/A % 5. Grant match amount required I N/A Starting Date: Upon final signature Yes XX No XX Yes No Yes No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Though a match is not required, County funding in the amount of $199,120 is provided through Optional Sales Tax/Parks/Shooting Range Clays Trail Elevation 7. Does the grant cover capital costs or start-up costs? XX Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes XX No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement — Contributions 012.13 Insurance — Life & Health $ Worker's Compensation E012.14 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? $ N/A Signature ofPreparer: Elizabeth Powell DW.1.4— W El — pawl PH:M-E 6ppwlani=bp. e�C•U O=.w..RMr Date: arl: zou.al.)z izrxle aevv 327 Grant Amount Other Match Costs Not Covered Match Total First Year $ 200,000 $ $ 0 $ 200,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature ofPreparer: Elizabeth Powell DW.1.4— W El — pawl PH:M-E 6ppwlani=bp. e�C•U O=.w..RMr Date: arl: zou.al.)z izrxle aevv 327 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A Titkanich, Jr., County Administrator PREPARED BY: Chris Baiter, Chief, Long Range Planning DATE: January 3, 2024 SUBJECT: Consideration of the revised Indian River County Local Housing Assistance Plan for the Fiscal Years 2024-2025, 2025-2026, and 2026-2027 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting on January 23, 2024. DESCRIPTION AND CONDITIONS Pursuant to the requirements of Section 420.907, F.S., and Rule 67-37.005, Florida Administrative Code (FAC), the Board of County Commissioners approved the County's first Local Housing Assistance Plan (Ordinance #93-13) on April 6, 1993. Subsequently, the Florida Housing Finance Corporation approved the County's plan and authorized the disbursement of State Housing Initiatives Partnership (SHIP) Program funds. According to Rule 67-37.005(2), Florida Administrative Code, every three years, each local government receiving SHIP funds must submit a new Local Housing Assistance Plan (LHAP) to the Florida Housing Finance Corporation. Accordingly, the County's plan was submitted in 1994, 1997, 2000, 2003, 2006, 2009, 2012, 2015, 2018, and 2021. In 2018, the Board of County Commissioners approved the County's current 3 -year plan. The Florida Housing Finance Corporation (FHFC) then approved the County's plan and authorized the disbursement of SHIP funds until June 30, 2024. By May 2024, the County must submit to FHFC a new 3 -year plan for FY 2024-2025, FY 2025-2026, and FY 2026-2027. This agenda item reviews the proposed new LHAP. • SHIP Program Activity Since its initial adoption in 1993, the County's LHAP has been successful in directing assistance to eligible households within the county. The attached table (attachment #1) identifies the County's SHIP allocations and the number of loans given to eligible applicants by fiscal year and by income category. Since SHIP is a state -funded program, the SHIP program fiscal year (FY) is concurrent with the 328 state fiscal year and runs from July 1 to June 30. Because SHIP funds provided in one fiscal year can be spent over a three fiscal year period, the county often has two or more years of SHIP funding active. For each fiscal year (FY), SHIP funds consist of state allocations and program income. Program income includes SHIP loan repayments and interest earned. For FY 2023-24, full funding estimated at approximately $1.8 million was approved by the Legislature. ANALYSIS To meet the Florida Housing Finance Corporation's local housing assistance plan submittal requirements and to recognize changed conditions, staff, in conjunction with the County's Affordable Housing Advisory Committee (AHAC), prepared a revised LHAP (Attachment 2). The revised plan is a continuation of the county's existing plan with the following changes: • Increases Emergency Rehabilitation Loan cap from $25,000 to $35,000. • Increases the maximum purchase price from $294,601 to $300,000. • Edits to clarify the County's existing types of strategies available through the SHIP program and to make the strategy categories more consistent with categories specified by the state. • Creation of a new strategy for Foreclosure Prevention. The proposed revisions are intended to increase the loan amount to adjust to the rising prices of labor, materials, and general contractor services. Additionally, the revisions reflect the current surge in housing market prices by increasing the purchase price. The Foreclosure Prevention strategy was created to combat the mounting cost of homeowner insurance, property taxes, and homeowner association fees. Affordable Housing Advisory Committee Review The LHAP was reviewed by the Affordable Housing Advisory Committee (AHAC) of the county on January 3, 2024. The AHAC reviewed the proposed revisions and expressed their overall agreement with them. The proposed plan meets all state and local requirements, and the proposed revisions address changed conditions. Once it is adopted and approved by the state, the LHAP will provide the basic framework and operating procedures for the SHIP program for the next 3 fiscal years. The new plan will also make the county eligible to receive SHIP funds until June 2027. FUNDING All SHIP loans are funded from state SHIP allocations and program income. Therefore, no local funds are involved. 2 329 RECOMMENDATION Staff and the AHAC recommend that the BCC approve the new Indian River County Local Housing Assistance Plan by adopting the attached resolution, authorizing the Chairman to sign the certification page, and authorizing staff to make any changes to the LHAP as may be required after review by the state. ATTACHMENTS 1. SHIP Program Funds & Applicant Income Information 2. Indian River County Local Housing Assistance Plan for FY 2024-2027 with exhibits 3. Resolution Approving the New Plan 4. 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N N N N N J N Nm th a H t0 r a0 N O N m V 1 to 1` a0 m O r N M Q N f0 tq m O N M Q ~ to m m m m m m m m m m m m m o 9 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 N 0 N 0 N 0 0 0) m N N N N N N N N N N N N N N N N N N N N N N N N H SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 Indian River County SHIP LOCAL HOUSING ASSISTANCE PLAN (LHAP) 2024-2025,2025-2026, 2026-2027 Adopted by BCC: January 23, 2024 (Resolution 2024-***) Approved by FHFC: Effective: July 1, 2024 Florida Housing A Equal Housing Opportunity -1- 332 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 Table of Contents Description Page # Section I, Program Details 3 Section II, Housing Strategies 7 A. Owner Occupied Rehabilitation Loans 7 B. Purchase Assistance with Rehabilitation Loans 9 C. Purchase Assistance without Rehabilitation Loans 11 D. Emergency Repair Loans 12 E. Disaster Mitigation Loans 14 F. Impact Fee / Capacity Charge Loans 15 G. New Construction (Federal or State Programs Matching Loans) 16 H. Foreclosure Prevention 18 Section III, Incentive Strategies 19 A. Expedited Permitting 19 B. Ongoing Review Process 20 C. Other Incentive Strategies Adopted 21 Section IV, Exhibits 22 A. B. C. D. E. F. G. H. I. Administrative Budget for 2024-2025, 2025-2026, and 2026-2027 Timeline for Estimated Encumbrance and Expenditure Housing Delivery Goals Charts (HDGC) For 2024-2025, 2025-2026, and 2026-2027 Signed LHAP Certification Signed, Dated, Witnessed or Attested Adopting Resolution Ordinance: No Change to the Original Ordinance Interlocal Agreement: No Interlocal Agreement State Housing Initiatives Partnership (SHIP) Program Information Sheet Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan 2 333 SHIP LHAP Template 2016-001 Jeff. Date 7/1/2024] FI using I. Program Details: A. LG(s) Name of Local Government Indian River County Does this LHAP contain an interlocal agreement? No If yes, name of other local government(s) N/A B. Purpose of the program: • To meet the housing needs of the very low, low, and moderate -income households; • To expand production of and preserve affordable housing; and • To further the housing element of the local government's comprehensive plan specific to affordable housing C. Fiscal years covered by the Plan: 2024-2025, 2025-2026, 2026-2027 D. Governance: The SHIP Program is established in accordance with Section 420.907-9079, Florida Statutes and Chapter 67-37, Florida Administrative Code. Cities and Counties must be in compliance with these applicable statutes, rules, and any additional requirements as established through the Legislative process. E. Local Housing Partnership: The SHIP Program encourages building active partnerships between government, lending institutions, builders and developers, not-for-profit and community-based housing providers and service organizations, providers of professional services related to affordable housing, advocates for low- income persons, real estate professionals, persons or entities that can provide housing or support services, and lead agencies of the local continuums of care. F. Leveraging: The Plan is intended to increase the availability of affordable residential units by combining local resources and cost-saving measures into a local housing partnership and using public and private funds to reduce the cost of housing. SHIP funds may be leveraged with or used to supplement other Florida Housing Finance Corporation programs and to provide local matches to obtain federal housing grants or programs. G. Public Input: Public input was solicited through face-to-face meetings with housing providers, social service providers, local lenders, and neighborhood associations. Public input was solicited through the local newspaper in the advertising of the Local Housing Assistance Plan and the Notice of Funding Availability. H. Advertising and Outreach: SHIP funding availability shall be advertised in a newspaper of general circulation and periodicals serving ethnic and diverse neighborhoods at least 30 days before the beginning of the application period. If no funding is available due to a waiting list, no notice of funding availability is required. I. Queue List/Priorities: A queue list will be established when applicants apply to the county SHIP program. Those households on the queue list will be contacted by staff when their queue number is reached. The queue list will be maintained with applicants listed in an order that is consistent with the time that their preliminary intake forms were submitted. Queue numbers will be assigned based on that order. Adjustments to the queue order will be made to achieve any established funding priorities as described in this plan. Priorities for funding described herein apply to all strategies unless otherwise stated in the strategy. The county will accept preliminary intake forms during the advertised "Application Period". All applicants must complete the -3 334 SHIP LHAP Template 2016-001 (eff. Date 7/1/20241 . ON- . k SHIP preliminary intake information sheet and submit it to the SHIP office to obtain their queue list number. Once there is a list of eligible applicants, they will be ranked based on the priorities provided below. Ranking Priority: 1. Emergency Loans for home repair related to a dire situation that needs to be mitigated immediately to prevent damage to the home or to resolve an immediate health hazard to the occupants. 2. Special Needs Households (until the program's required percentage has been met) 3. Very low-income and low-income applicants from local Non-profit Affordable Housing Organizations such as Habitat for Humanity and Every Dream Has a Price 4. Other applicants a. Very low income (until the program's required percentage has been met) b. Low income (until the program's required percentage has been met) C. Moderate income J. Discrimination: In accordance with the provisions of ss.760.20-760.37, it is unlawful to discriminate on the basis of race, color, religion, sex, national origin, age, handicap, or marital status in the award application process for eligible housing. K. Support Services and Counseling: Support services are available from various sources. Available support services may include but are not limited to: Homeownership Counseling (Pre and Post), Credit Counseling, Tenant Counseling, Foreclosure Counseling, and Transportation. L. Purchase Price Limits: The sales price or value of new or existing eligible housing may not exceed 90% of the average area purchase price in the statistical area in which the eligible housing is located. Such average area purchase price may be calculated for any 12 -month period beginning not earlier than the fourth calendar year prior to the year in which the award occurs. The sales price of new and existing units can be lower but may not exceed 90% of the average area purchase price established by the U.S. Treasury Department or as described above. The methodology used is: U.S. Treasury Department X Local HFA Numbers M. Income Limits, Rent Limits, and Affordability: The Income and Rent Limits used in the SHIP Program are updated annually by the Department of Housing and Urban Development and posted a, www.floridahousing.org. "Affordable" means that monthly rents or mortgage payments, including taxes and insurance, do not exceed 30 percent of that amount, which represents the percentage of the median annual gross income for the households as indicated in Sections 420.9071, F.S. However, it is not the intent to limit an individual household's ability to devote more than 30% of its income to housing, and housing for which a household devotes more than 30% of its income shall be deemed Affordable if the first institutional mortgage lender is _4 335 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 F19nd Qi ins satisfied that the household can afford mortgage payments in excess of the 30% benchmark and in the case of rental housing does not exceed those rental limits adjusted for bedroom size. N. Welfare Transition Program: Should an eligible sponsor be used, a qualification system and selection criteria for applications for Awards to eligible sponsors shall be developed, which includes a description that demonstrates how eligible sponsors that employ personnel from the Welfare Transition Program will be given preference in the selection process. O. Monitoring and First Right of Refusal: In the case of rental housing, the staff and any entity that has administrative authority for implementing the local housing assistance plan assisting rental developments shall annually monitor and determine tenant eligibility or, to the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. However, any loan or grant in the original amount of $10,000 or less shall not be subject to these annual monitoring and determination of tenant eligibility requirements. Tenant eligibility will be monitored annually for no less than 15 years or the term of assistance whichever is longer unless as specified above. Eligible sponsors that offer rental housing for sale before 15 years or that have remaining mortgages funded under this program must give a first right of refusal to eligible nonprofit organizations for purchase at the current market value for continued occupancy by eligible persons. P. Administrative Budget: A line -item budget is attached as Exhibit A. The city/county finds that the money deposited in the local housing assistance trust fund is necessary to administer and implement the local housing assistance plan. Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, states: "A county or an eligible municipality may not exceed the 5 percent limitation on administrative costs, unless its governing body finds, by resolution, that 5 percent of the local housing distribution plus 5 percent of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan." Section 420.9075 Florida Statute and Chapter 67-37, Florida Administrative Code, further states: "The cost of administering the program may not exceed 10 percent of the local housing distribution plus 5 percent of program income deposited into the trust fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 percent of program income for administrative costs." The applicable local jurisdiction has adopted the above findings in the resolution attached as Exhibit E. Q. Program Administration: Administration of the local housing assistance plan will be performed by: Entity Duties Admin. Fee Percentage Indian River County Administer the program 10% R. First-time Homebuyer Definition: For any strategies designed for first-time homebuyers, the following definition will apply: An individual who has had no ownership in a principal residence during the 3 -year period ending on the date of purchase of the property. This includes a spouse (if either meets the above test, they are considered first-time homebuyers). A single parent who has only owned a home with a former spouse while married. An individual who is a displaced homemaker and has only owned with a spouse. An individual who 5 336 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 has only owned a principal residence not permanently affixed to a permanent foundation in accordance with applicable regulations. An individual who has only owned a property that was not in compliance with state, local, or model building codes and which cannot be brought into compliance for less than the cost of constructing a permanent structure. S. Project Delivery Costs: In addition to the administrative costs listed above, the county will charge a reasonable project delivery cost associated with Owner Occupied Rehabilitation Loans, Emergency Repair Loans, and Disaster Mitigation loans not to exceed $2,750.00 (flat fee) to cover inspection services, preparation of work write-ups, and construction inspections performed by non -salaried employees and non - county employees for eligible properties. For all loans, housing delivery costs will also include but not be limited to recording fees, documentary stamp tax fees, credit report fees, title search fees, partial satisfaction of mortgage recording fees, and counseling fees. These fees will be included in the amount of the recorded mortgage and note. T. Essential Service Personnel Definition (ESP): ESP includes teachers and educators, other school districts, community college and university employees, police and fire personnel, health care personnel, and skilled building trades personnel. U. Green Building: The county will, when economically feasible as determined by cost comparison by the assigned housing inspector, employ the following Green Building requirements on rehabilitation repairs, emergency repairs, and new construction: 1. Low or No-VOC paint for all interior walls (Low-VOC means 50 grams per liter or less for flat paint; 150 grams per liter or less for non -flat paint); 2. Low -flow water fixtures in bath rooms—WaterSense labeled products or the following specifications: a. Toilets: 1.6 gallons/flush or less; b. Faucets: 1.5 gallons/minute or less; and c. Showerheads: 2.2 gallons/minute or less. 3. Energy Star -qualified refrigerator (for new construction); 4. Energy Star -qualified dishwasher (for new construction); 5. Energy Star -qualified washing machine (for new construction) if provided in units; 6. Energy Star -qualified exhaust fans in all bathrooms; and 7. Air conditioning: Minimum SEER of 14 (or higher if required by code). V. Special Needs: The county will inform social service agencies serving the designated special needs populations of available SHIP assistance to achieve the 20% goal of the special needs set-aside. The goals will be met through all loan assistance strategies. _6_ 337 SHIP LHAP Template 2016-001 ieff. Date 7/1/20241 Florid ng W. Describe efforts to reduce homelessness: The Treasure Cost Homeless Services Council (TCHSC) provides a continuum of care to the homeless population within Indian River County. County staff works with the TCHSC staff to apply for grants, exchange information, and provide assistance as needed. TCHSC administers the Homeless Management Information System (HMIS). TCHSC provides shelters, rental and utility assistance, supportive services for veteran families, and manages affordable rental properties. X. Total assets (cash or non-cash items that can be converted to cash), not including IRA, Keogh, similar retirement savings accounts, and dedicated college savings accounts of an eligible household applying for SHIP assistance, shall not exceed twenty thousand dollars ($20,000.00). Y. The maximum active SHIP loans on any property shall not exceed $80,000, except when utilization of disaster and/or emergency funds is necessary. Section II. LHAP Strategies (Please read LHAP Strategy Quick Guide before developing strategies): A. Owner Occupied Rehabilitation Loans Code 3 a. Summary of Strategy: SHIP funds will be awarded to owner -occupied households in need of repairs to correct health and safety issues and code violations related to electrical, plumbing, roofing, windows, and other structural items, as well as hurricane hardening activities. A detailed list of rehabilitation work activities allowed or not allowed is included in the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, and low d. Maximum award: $ 80,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in Loan term: 10 years (5 years if used in conjunction with CDBG funding). 4. Forgiveness: The entire loan amount will be forgiven after 10 years of occupancy (only rehabilitation loans in conjunction with CDBG funding will be forgiven in 5 years or upon the death of the homeowner, whichever comes first). 5. Repayment: Not required as long as the loan is inlood standing. 6. Default: The loan will be determined to be in default if any of the following occurs 338 SHIP LHAP Template 2016-001 Jeff. Date 7/l/20241 ,&V-- Ift,W)HPusing during the 10 or 5 -year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as a primary residence, or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term (for loans that are not used in conjunction with CDBG funds), the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a repayment. 7. Property shall not be eligible to re -apply until after the expiration of a 10 -year rehab loan, except when utilization of disaster and/or emergency rehabilitation funds is necessary. f. Recipient/Tenant Selection Criteria: Applicants will be ranked for assistance based on the timing that preliminary intake information is received with the priorities as described in section I of this plan. g. Sponsor Selection Criteria: N/A h. Additional Information: All work must be performed by licensed and insured contractors. Applicants applying for rehabilitation assistance loans must also provide a copy of the deed to their home. A complete application and all required documents must be submitted to the SHIP office when an applicant's queue number is reached and contacted by SHIP staff. Provided funding is available, more than one applicant will be pulled from the que list at the same time so that multiple applications can be processed and assistance provided at the same time. Residential Constriction Mitigation (RCMP): The county will match SHIP funds with My Safe Florida Home Funds for hurricane -resistant retrofit improvements to owner -occupied site -built homes to reduce potential future hurricane damage. When available, the county shall advertise the availability of My Safe Florida Home funds and accept applications from very low, low, and moderate -income homeowners with homestead exemptions for homes that have insured values not exceeding $300,000. Applications will be reviewed on a first -qualified, first-served basis. Eligible retrofit improvement work activities include the following: 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the roof framing 8 339 SHIP LHAP Template 2016-001 (eff. Date 7/1/20241 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors B. Purchase Assistance with Rehabilitation Loans Code 1 a. Summary of Strategy: SHIP funds will be awarded for down payment and closing costs as well as principal reduction to households to purchase an existing home. An existing home must be in need of rehabilitation. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate d. Maximum award: Income Category Purchase Assistance Portion Rehab Portion Max. Total Very Low $50,000 $15,000 $65,000 Low $35,000 $15,000 $50,000 Moderate $20,000 $15,000 $35,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in Loan term: 20 years for the Purchase Assistance Portion and 10 Years for the Rehabilitation Portion. 4. Forgiveness: The entire loan amount will be forgiven after 20 years of occupancy for the Purchase Assistance Portion and 10 years of occupancy for the Rehabilitation Portion. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term (20 years for Purchase Assistance Portion and 10 years for Rehabilitation Assistance Portion): sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP - 9 340 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 W H eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Applicants for purchase assistance loans must provide a 1" mortgage pre - qualification letter from a lender in order to participate in the County program. Applicants must secure a first mortgage from an approved lender. i. For additional information, please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. j. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Mortgage Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years It must be a fixed-rate Not to exceed the original first For purchase assistance loan, and the interest rate mortgage amount. Any available loans, up to 1 point allowed must be lower than the equity up to the original existing first mortgage mortgage amount may be used For other loans, up to 2 interest rate. for closing costs associated with points allowed the refinancing. No cash out to an applicant _10- 341 SHIP LHAP Template 2016-001 [eff. Date 7/1/2024] C. Purchase Assistance without Rehabilitation Loans I Code 2 1 a. Summary of Strategy: SHIP funds will be awarded for down payment and closing costs as well as principal reduction to households to purchase a newly constructed home. A newly constructed home must have received a certificate of occupancy within the last twelve months. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate d. Maximum award: Very Low: $50,000 Low: $35,000 Moderate: $20,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in Loan term: 20 years. 4. Forgiveness: The entire loan amount will be forgiven after 20 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 20 - year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be ranked for assistance based on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. g. Sponsor/Developer Selection Criteria: N/A -11- 342 SHIP LHAP Template 2016-001 Leff. Date 7/1/20241 '"®r, h. Additional Information: Applicants must secure a first mortgage from a lender. Applicants for purchase assistance loans must also provide a pre -qualification letter from a lender. i. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: Requirements for a Refinanced First Mortgage Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years It must be a fixed-rate Not to exceed the original first For purchase assistance loan, and the interest rate mortgage amount. Any available loans, up to 1 point allowed must be lower than the equity up to the original existing first mortgage mortgage amount may be used For other loans, up to 2 interest rate. for closing costs associated with points allowed the refinancing. No cash out to an applicant D. Emergency Repair Loans I Code 6 a. Summary of Strategy: Funds will be awarded to applicants in need of rehabilitation of their home related to a dire situation that needs to be mitigated immediately. This includes replacement HVAC systems, damaged roofing when there is a recently active leak, the insurance company is requesting roof replacement to maintain insurance, damaged windows causing exposure to the elements, or electrical or plumbing, including septic tank problems, that could cause damage (fire) to the home or is an immediate health hazard to the occupants. As well as retrofitting bathrooms, walkways, and ramps for ADA compliance for applicants with disabilities. This strategy may be used in cases where the health department, a jurisdiction's building official, or the SHIP administrator determines that a home is in such a condition that it jeopardizes the occupant's health and safety. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate d. Maximum award: $ 35,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. -12 343 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 3. Years in Loan term: 10 years. 4. Forgiveness: The entire loan amount will be forgiven after 10 years of occupancy, or upon the death of the homeowner, whichever comes first. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; or failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the 10 -year loan term the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be selected on a first -qualified, first-served basis with the priorities as described in Section I of this plan. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: An applicant requesting an emergency repair will be required to: 1. Allow the health department inspector, building department inspector, or rehabilitation specialist to access the home for an inspection to determine the need for the repair. 2. Provide proof of homeowner's insurance policy if it is available, any proof of whether or not the insurance will cover any part of the repair, and if applicable, insurance award to be completed prior to SHIP award. 3. When an applicant is assisted with emergency repairs, they will not lose their place on the queue list. However, the amount of funds expended for the emergency repairs will be counted towards the maximum award if the applicant receives subsequent assistance through the rehabilitation strategy. Funds may also be awarded to pay insurance deductibles for any emergency repairs covered by the homeowner's policy. For additional information, please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. - 13 - 344 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 E. Disaster Mitigation Loans I Code 5 1 a. Summary of Strategy: Funds will be awarded to applicants in need of home repairs directly caused by a disaster that is declared by an Executive Order of the President or Governor. Repairs will be prioritized as follows: 1. Immediate threats to health and life safety (such as sewage, damaged windows, roofing) in cases where the home is still habitable. 2. Imminent residual damage to the home (such as damage caused by a leaking roof) in cases where the home is still habitable. 3. Repairs necessary to make the home habitable. 4. Repairs to mitigate dangerous situations (such as exposed wires). b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate d. Maximum award: $ 30,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0% 3. Years in loan term: 10 years. 4. Forgiveness: The entire loan amount will be forgiven after 10 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the 10 - year loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the loan term, the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 7. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to - 14 - 345 SHIP LHAP Template 2016-001 Jeff. Date 7/l/2024] Ousino recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in section I of this plan. 1. Proof of homeowner's insurance if available. 2. Must file for and use proceeds from insurance as the first option. 3. Must file for FEMA, SBA, and other assistance available prior to applying to SHIP. g. Sponsor/Developer Selection Criteria: N/A h. Additional Information: Funds for disaster mitigation will only be allocated from unencumbered funds or additional funds awarded through Florida Housing Finance Corporation for the disaster. i. For additional information, please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. F. Impact Fee / Capacity Charge Loans I Code 8 a. Summary of the Strategy: To assist income -eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner -occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate (in conjunction with PA loan only) d. Maximum award: $ 20,000 e. Terms : 1. Deferred Payment Loan (DPL); Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in loan term: 10 years. 4. Forgiveness: The entire loan amount will be forgiven after 10 years of occupancy or upon the death of the homeowner, whichever comes first. _15- 346 SHIP LHAP Template 2016-001 (eff. Date 7/1/20241 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term, sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. 7. In cases where the qualifying homeowner(s) die(s) during the loan term (for loans not used in conjunction with CDBG funds), the loan may be assumed by a SHIP -eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. 8. If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient Selection Criteria: Applicants will be assisted on a first -qualified, first-served basis with the priorities for Special Needs income groups as described in Section I. g. Additional Information: Impact Fee Capacity Charge loans will be based on the actual amount of impact fees/capacity charges charged by the county. h. For additional information, please see the Indian River County Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan. G. New Construction (Federal or State Programs Matching Loans) I Code 21 a. Summary of the Strategy: To assist non-profit organizations, and for-profit developers with matching funds needed to obtain federal or state housing programs funding for development of rental affordable housing projects. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low, and moderate d. Maximum award: $ 25,000 per unit, and $100,000 per project e. Terms: 1.Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate 3% 3.Term 10 years - 16 - 347 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 F-001ousing 4.Forgiveness: the entire loan amount and interest accumulated will be forgiven after 10 years of compliance with federal and state housing program requirements. 5.Repayment: Not required as long as the project is constructed and meets the federal or state housing program requirements for occupancy by very low, low, and/or moderate -income households. 6. Default: When the assisted housing has changed to a market rate prior to 10 years. In that case, the entire original loan and accumulated interest amount is due and payable. 7.Developer Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a federal or state housing funding application to the appropriate agency to qualify. Assistance will be provided to projects which receive an award of funds from a federal or state housing programs. Factors that may be considered in selecting the sponsor/developer may include, but are not limited to: a. Capacity and Capability to Carry out Project b. Scale of Project/Utilization of Density Bonuses C. Experience in Completing Similar Projects d. Use of Personnel from Wages and Workforce Development Programs e. Leveraging f. Site Control g. Neighborhood Compatibility with Area Redevelopment Plan h. Creation of Mixed -Income Communities i. Recapture Provisions j. Incorporation of Partnerships with Local Employers, Institutions, Hospitals and Schools k. Incorporation of Transit -Oriented Design I. Attractiveness of Design m. Multistory Buildings Must Have Elevators and be ADA Compliant n. Use of Green Building Techniques f. Tenant Selection: Management of the development will select potential renters for the SHIP -assisted units on a first -qualified, first-served basis. All applicants for residence in a SHIP -assisted unit must meet the income qualifications of the program as determined and reported by the developers' management company for the development. g. Additional Information: The compliance period for developments receiving SHIP funds as a match for any federal and/or state funds will be consistent with applicable federal and state fund requirements. Monitoring of these developments will be done through the appropriate federal or state programs. Developers receiving assistance from both SHIP and from the Low -Income Housing Tax Credit (LIHTC) program shall be required to comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from SHIP and other federal, state, or local programs shall be required to comply with any requirements - 17 - 348 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 specified by the other program in addition to SHIP program requirements. In the event that both programs have restrictions on the same issue, the more restrictive regulation shall take precedence. If one program is silent on an issue, the program with a regulation on the issue shall apply. 67-37.007(12) F.A.C. h. For additional information please see the Indian River County Guidelines and Procedures for Implementing Strategies of Local Housing Assistance Plan document. H. Foreclosure Prevention I Code 7 a. Summary of the Strategy: To assist income -eligible applicants to prevent foreclosure. This is a one-time assistance only. Applicants requesting assistance must be able to prove that their financial situation is temporary and is due to a change in the family status, including but not limited to serious medical illness, divorce or separation, death in the family, unforeseen home repair bills, a reduction in the number of scheduled work hours, or a job loss that was not the fault of the recipient. b. Fiscal Years Covered: 2024-2025, 2025-2026, 2026-2027 C. Income Categories to be served: Very low, low d. Maximum award: $ 8,000 e. Terms: 1. Deferred Payment Loan (DPL): Funds will be awarded as a deferred payment loan secured by a recorded subordinate mortgage and note. 2. Interest Rate: 0%. 3. Years in Loan term: 2 years 4. Forgiveness: The entire loan amount will be forgiven after 2 years of occupancy. 5. Repayment: Not required as long as the loan is in good standing. 6. Default: The loan will be determined to be in default if any of the following occurs during the loan term: sale, transfer, or conveyance of property; conversion to a rental property; loss of homestead exemption status; or failure to occupy the home as a primary residence or refinancing with cash out. If any of these occur, the outstanding balance will be due and payable. In cases where the qualifying homeowner(s) die(s) during the 2 -year loan term (for loans not used in conjunction with CDBG funds), the loan may be assumed by a SHIP - eligible heir who will occupy the home as a primary residence. If the legal heir is not SHIP eligible or chooses not to occupy the home, the outstanding balance of the loan will be due and payable. _ 18 349 SHIP LHAP Template 2016-001 Jeff. Date 7/1/20241 If the home is foreclosed on by a superior mortgage holder, the county will make an effort to recapture funds through the legal process if it is determined that adequate funds may be available to justify pursuing a recapture. f. Recipient/Tenant Selection Criteria: Selection Criteria: Applicants will be selected on a first -qualified, first- served basis with the priorities as described in Section I of this plan. g. Sponsor Selection Criteria: N/A h. Additional Information: 1. Property taxes and homeowner's insurance must be paid current unless these amounts were being escrowed as part of the mortgage payment. 2. The property shall have no other liens other than the first mortgage or previous SHIP, CDBG, or NSP liens. 3. No assistance will be provided to any property owner whose home is in the process of foreclosure or who has delinquent tax liens or other liens, with the exception of a previous SHIP, CDBG, or NSP lien against it. III. LHAP Incentive Strategies In addition to the required Incentive Strategy A and Strategy B, include all adopted incentives with the policies and procedures used for implementation as provided in Section 420.9076, F.S.: A. Name of the Strategy: Expedited Permitting Permits as defined in s. 163.3177 (6) (f) (3) for affordable housing projects are expedited to a greater degree than other projects. (Housing Element policies 1.5 & 1.6) - Housine Element Policv 1.5 POLICY 1.5: By 2000, the county shall assess its existing permit processing procedure and, if warranted, establish a full one-stop permitting process. - Housing Element Policy 1.6 POLICY 1.6: The County shall take all necessary steps to eliminate delays in the review of affordable housing development projects. In order to define delay, the county hereby establishes the following maximum timeframes for approval of projects when an applicant provides needed information in a timely manner: - Administrative approval - 5 days; - Minor site plan - 5 weeks; - Major site plan - 6 weeks; and - Special exception approval - 13 weeks. Whenever these review times increase by 150% or more due to the workload of the review staff, the county will - 19 - 350 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 begin prioritizing the review of affordable housing development project applications. In prioritizing affordable housing development project applications, staff will schedule affordable housing project applications for review before other types of project applications to ensure that maximum review timeframes are not exceeded for affordable housing projects. In 2019, after a recommendation from the Affordable Housing Advisory Committee (AHAC), the County revised the permit expediting process to make identification of affordable housing permits more identifiable. For hardcopy permit application submissions, the new process uses a bright neon green affordable housing permit expediting form and a similarly colored permit review folder to designate the permit as a permit that must be expedited. More recently, in 2020, in response to the COVID-19 health crisis, the Community Development Department implemented an electronic permit e-mail application process for all building permits. The process is currently being changed over to a permanent process. While not specific to affordable housing, the electronic permit application process will eliminate the time it takes to produce paper copies and have them delivered. With this process, applicants may request that the permit be expedited in the subject line of the e-mail and provide a copy of the neon green permit expediting form. B. Name of the Strategy: Ongoing Review Process An ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost of housing prior to their adoption (Housing Element Policy 1.7). - Housine Element Policv 1.7 POLICY 1.7: As part of the adoption process for any county regulations that could affect housing development, county planning staff shall prepare a Financial Impact Statement to assess the anticipated impact of the proposed regulation on the cost of housing. When proposed regulatory activities are anticipated to increase the estimated cost per unit projection. The financial impact statement then will be reviewed by the Professional Services Advisory Committee, the Planning and Zoning Commission, and, if possible, the Affordable Housing Advisory Committee. Those groups shall consider the regulation's effect on housing costs in making their recommendation to the Board of County Commissioners. The Board of County Commissioners will consider the financial impact statement in making its final decision on the adoption of any proposed regulations. C. Other Incentive Strategies Adopted: 1. Regulations providing up to a 20% density bonus for affordable housing development projects (housing element policy 2.5, Land Development Regulations Section 911.14(4)(a)). 2. Regulations allowing for small lot subdivisions with reduced setbacks, lot size, and lot width requirements for Workforce or Affordable Housing subdivision projects (Land Development Regulations, Chapter 911 and section 971.41(9)). 3. Regulations allowing for accessory single-family dwelling units in all agricultural and residential zoning districts (Land Development Regulations, Chapter 911 and Section 971.41(10)). -20- 351 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 Floridousing 4. Regulations allowing multi -family dwelling units in conjunction with commercial development, such as apartments over commercial buildings (Land Development Regulations Section 911.10 and Section 971.41(6)). 5. Policies for expedited permit processing (Housing Element policies 1.5 and 1.6). 6. Policy for review of proposed local policies or regulations, which may increase the cost of housing (Housing Element policy 1.7). 7. Inventory of all surplus county owned land (Housing Element policy 2.4). 8. Policy for financing impact fees or payment of impact fees (Housing Element policy 4.3 and policy 4.4). 9. New single-family housing impact fee reduction/waiver categories added to County impact fee schedule; reducing or eliminating impact fees for certain sized housing units occupied by households with household incomes below 80% of the Area Median Income. 10. Policy for expediting permits for housing projects utilizing new construction technology (green building, Energy Star Program) (Housing Element policy 1.8). 11. Policy for support of development near transportation hubs or major employment centers (Housing Element policy 1.9). 12. Policy for assistance to non-profit housing organizations to establish CLTs (Housing Element policy 4.10). 13. Policy for assistance to non-profit organizations to establish CDCs (Housing Element policy 4.11). 14. Policy for assistance to employers for establishing employer assisted housing programs (Housing Element policy 4.12). 15. Policy for establishing a private/public housing trust fund (Housing Element policy 4.13). 16. Regulations allowing zero lot line subdivisions (Land Development Regulations Section 915.15). 17. Establishment of a Local Housing Assistance Program, allowing the county to utilize State Housing Initiatives Partnership (SHIP) program funds for the provision of affordable housing (Local Housing Assistance program, Local Housing Assistance plan, Housing Element policies 2.7, 3.6, 4.4, 4.6, 4.7, 4.9, and 9.1). - 21- 352 SHIP LHAP Template 2016-001 [eff. Date 7/1/20241 Florida Housing IV. EXHIBITS: Required A. Administrative Budget for each fiscal year covered in the Plan. B. Timeline for Estimated Encumbrance and Expenditure. C. Housing Delivery Goals Chart (HDGC) For Each Fiscal Year Covered in the plan. D. Signed LHAP Certification. E. Signed, dated, witnessed or attested adopting resolution. Optional F. Ordinance: (If changed from the original creating ordinance). G. Interlocal Agreement (Required if applicable). H. Other Documents Incorporated by Reference. I. Guidelines and Procedures for Implementing Strategies of the Local Housing Assistance Plan -22- 353 ADMINISTRATIVE BUDGET FOR EACH FISCAL YEAR Exhibit A Indian River Cou Exhibit A Fiscal Year: 2024-2025 Estimated SHIP Funds for Fiscal Year: $ 1,892,707.00 Salaries and Benefits $ 174,270.70 Office Supplies and Equipment $3,000.00 Travel Per diem Workshops, etc. $1,000.00 Advertising $1,000.00 Other* $ 10,000.00 Total $ 189,270.70 Admin % 10.00% OK Fiscal Year 2025-2026 Estimated SHIP Funds for Fiscal Year: $ 1,892,707.00 Salaries and Benefits $174,270.70 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $1,000.00 Advertising $1,000.00 Other* $ 10,000.00 Total $ 189,270.70 Admin % 10.00% OK Fiscal Year 2026-2027 Estimated SHIP Funds for Fiscal Year: $ 1,892,707.00 Salaries and Benefits $ 174,270.70 Office Supplies and Equipment $ 3,000.00 Travel Per diem Workshops, etc. $ 1,000.00 Advertising $ 1,000.00 Other* $ 10,000.00 Total $ 189,270.70 Admin % 10.00% OK *All 'other" items need to be detailed here and are subject to review and approval by the SHIP review committee. Project Delivery Costs that are outside of administrative costs are not to be included here, but must be detailed in the LHAP main document. Details: Other = Professional Services. There will also be additional administrative income from SHIP program loan repayments and interest earned (not included in the above number.) 354 2024 Exhibit B Timeline for SHIP Expenditures Exhibit B Indian River County affirms that funds allocated for these fiscal years will meet the following deadlines: Fiscal Year Encumbered Expended Interim Closeout Report Report 2024-2025 6/30/2026 6/30/2027 9/15/2026 9/15/2027 2025-2026 6/30/2027 6/30/2028 9/15/2027 9/15/2028 2026-2027 6/30/2028 6/30/2029 9/15/2028 9/15/2029 If funds allocated for these fiscal years is not anticipated to meet expenditure deadlines, Florida Housing Finance Corporation will be notified according to the following chart: Fiscal Year Funds Not Expended Closeout AR Not Submitted 2024-2025 3/30/2027 6/15/2027 2025-2026 3/30/2028 6/15/2028 2026-2027 3/30/2029 6/15/2029 Requests for Expenditure Extensions (close-out year ONLY) must be received by FHFC by June 15 of the year in which funds are required to be expended. The extension request shall be emailed to robert.dearduff@floridahousing.org and cameka.gardner@floridahousing.org and include: 1. A statement that "(city/county) requests an extension to the expenditure deadline for fiscal year 2. The amount of funds that is not expended. 3. The amount of funds that is not encumbered or has been recaptured. 4. A detailed plan of how/when the money will be expended. Note: an extension to the expenditure deadline (June 30) does not relieve the requirement to submit (September 15) the annual report online detailing all funds that have been expended. Please email cameka.gardner@floridahousing.org when you are ready to "submit" the AR. Other Key Deadlines: AHAC reports are now due annually by December 31. 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O O O O O O O O O A V N N H O O � r C N ti N V d Z a o 1I1 R x 3 Q O O j O a_ o a N R N R 3 N q Q f � 0 0 c 7 O 6 O N N C Q C 7 N VY d w 9 Y �n A d � is y J d ^ d 'o u - u = � � c J C o v V LL a H Y c m c 3 LL _ m « E E « Q S Z H F d .p 0 N 00 M Exhibit D 67-37.005(1), F.A.C. 2023 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: Indian River County, Florida Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will ensure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a 359 Exhibit D 67-37.005(1), F.A.C. 2023 hyperlink shall be provided to Florida Housing by June 30 of the applicable year. (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low -Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Witness Date OR Attest: Chief Elected Official or Designee Susan Adams, BCC Chairman Type Name and Title (Seal) 360 Exhibit E 67-37.005(1), F.A.C. 2023 RESOLUTION #:2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND RULE CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR RO EXECUTE ANY NECESSARY DOCUMENTS AND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BYTHE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S., It is found that 5 % of the local housing distribution plus 5 % of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 % of the local housing distribution plus 5% of program income deposited into the trust 361 Exhibit E 67-37.005(1), F.A.C. 2023 fund, except that small counties, as defined in s. 120.52(19), and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 % of program income for administrative costs. WHEREAS, the Planning and Development Services Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County Commissioners made a determination that it is in the best interest of the Indian River County citizens to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution #2020-107, which was approved by the Board on December 1, 2020. NOW THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2023-2024, 2024-2025, 2025-2026. Section 2: The Planning and Development Services Director is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan and to do all things necessary and proper to carry out the terms and conditions of said program. 362 Exhibit E 67-37.005(1), F.A.C. 2023 Section 3: The County shall utilize up to 10% of the local housing distribution plus 5% of the program income deposited into the trust fund to administer the program. Section 4: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner and seconded by Commissioner and being put to a vote, the vote was as follows: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of January 2024. ATTEST: BY: BY: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Susan Adams, Chairman Clerk Ryan L. Butler, Clerk of Circuit Court and Comptroller APPROVED AS TO FORM AND LEGAL SUFFICIENCY M3 William K. DeBraal, County Attorney 363 -1- 364 EXHIBIT H STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM INFORMATION SHEET LOCAL GOVERNMENT: Indian River County, Florida CHIEF ELECTED OFFICIAL: Susan Adams, Chairman, Board of County Commissioners ADDRESS: 180127 1h Street, Vero Beach, FL 32960 SHIP ADMINISTRATOR: Christopher Balter, Chief, Long Range Planning ADDRESS: 180127 th Street, Vero Beach, FL 32960 TELEPHONE: (772) 226-1250 FAX: (772) 226-1922 EMAIL ADDRESS: cbalter@indianriver.gov ADDITIONAL SHIP CONTACTS: Briana Lambert ADDRESS: 180127 th Street, Vero Beach, FL 32960 EMAIL ADDRESS: blambert@indianriver.gov INTERLOCAL AGREEMENT: NO (IF yes, list other participants in the inter -local agreement): The following information must be furnished to the Corporation before any funds can be disbursed. LOCAL GOVERNMENT EMPLOYER FEDERAL ID NUMBER: 59-6000674 MAIL DISBURSEMENT TO: Board of County Commissioners, Indian River ADDRESS: 180127 th Street, Vero Beach, FL 32960 OR: IF YOUR FUNDS ARE ELECTRONICALLY TRANSFERRED PLEASE COMPLETE THE ATTACHED FORM: C_ NO CHANGE FROM PREVIOUS ELECTRONIC FORM SUBMITTED. Provide any additional updates the Corporation should be aware of in the space below: Please return this form to: SHIP PROGRAM MANAGER, FHFC 227 N. BRONOUGH ST, STE 5000 TALLAHASSEE, FL 32301 Fax: (850) 922-7253 - 1 - 365 Indian River County GUIDELINES AND PROCEDURES FOR IMPLEMENTING STRATEGIES OF LOCAL HOUSING ASSISTANCE PLAN (LHAP) STATE HOUSING INITIATIVES PARTNERSHIP (SHIP) PROGRAM FY 2024-2025 FY 2025-2026 FY 2026-2027 Effective: July 1, 2024 Equal Housing Opportunity 366 TABLE OF CONTENTS PURPOSE AND INTENT I. PROGRAM DETAILS Exhibit I Page 1 1 • General Loan Application Process 1 • Local Loan/Applicant Requirements 2 H. LHAP ASSISTANCE STRATEGY DESCRIPTIONS, 4 IMPLEMENTATION GUIDELINES, AND OPERATING PROCEDURES A. Owner Occupied Rehabilitation Loans (Code #3) 4 B. Purchase Assistance with Rehabilitation Loans (Code #1) 8 C. Purchase Assistance without Rehabilitation Loans (Code #2) 12 D. Owner Occupied Emergency Rehabilitation Loans (Code #6) 16 E. Disaster Mitigation Loans (Code #5) 19 F. Impact Fee/Capacity Charge Loans (Code #8) 22 G. New Construction Federal or State Programs Matching Loans 24 (Code #21) H. Foreclosure Prevention (Code #7) 26 367 Exhibit I PURPOSE AND INTENT This document outlines and provides the guidelines and operating procedures for implementing assistance strategies of the Indian River County Local Housing Assistance Plan as established by the Indian River County Board of County Commissioners via Ordinance 93-13; pursuant to the requirements of the State of Florida State Housing Initiatives Partnership (SHIP) Program statute 420.907-420.9079 and Rule Chapter 67-37, Florida Administrative Code (FAC). The purpose and intent of this document is to provide consistent and clear guidelines and operating procedures for implementing assistance strategies identified in the Indian River County Local Housing Assistance Plan. SECTION I: PROGRAM DETAILS Program details are provided in the Local Housing Assistance Plan. However, a more detailed implementation guideline and operating procedure are provided in this document. • General Loan Application Process During the application acceptance period, each applicant receives an application (queue) number after submission of a preliminary intake form, which is given to them by the County's SHIP Program staff in consecutive order. At the end of the application acceptance period, staff will conduct reviews based on the priorities identified in the Local Housing Assistance Plan and this document. When an applicant's queue number is reached, it may be adjusted to achieve any established funding priorities established in the LHAP; staff will send the applicant a letter, email, or call the applicant, letting him or her know what is needed to complete the application. A complete application and all required documents must be submitted to the SHIP office within 4 weeks. For complete applications, staff will verify the household's income and assets and then send a conditional award (eligibility) letter to the applicant, indicating the household's information and informing the applicant that a specific amount of the funds is reserved for him for 90 days. The conditional award letter identifies what is needed for an application to be ready for the Loan Review Committee review. The Loan Review Committee consists of three members: the Indian River County Community Development Director or his designee, a financial institution representative or his or her alternates, a member of the Indian River County Board of County Commissioners or his or her designee, who shall serve as chairman of the Loan Review Committee. The completed applications will then be submitted to the County's SHIP Program Loan Review Committee (LRC). After the Loan Review Committee approval, staff will send a Loan Review Committee approval letter to the applicant and notify them that the loan must be closed within 90 days. The Loan Review Committee approval letter specifies steps and documents needed prior to scheduling a loan closing. Mortgage documents and promissory notes are then prepared, and a closing is scheduled. At the closing, the applicant signs all appropriate documents that will be recorded, and then funds are expended according to each strategy. -1- 368 Exhibit I For rehabilitation loans, staff sends a notice to proceed to the contractor after the recorded documents are returned from the county courthouse. The contractor then pulls building permits and completes the work. The appropriate jurisdiction's building department inspector inspects the completed work. The contractor sends the county or the housing inspector, if a major rehabilitation project, the final invoice, final contractor affidavit, contractor final waiver of lien, sub -contractor final waiver of lien (if applicable), approved final inspection(s), and a final satisfaction from the owner. Staff will prepare and record a Satisfaction of Mortgage for loans that are paid back and for loans that terminate after the affordability timeframe. • Local Loan/Applicant Requirements Eligible persons or sponsors applying for participation in the County's SHIP Program, in addition to State requirements, shall comply with the following local requirements: a. Asset Verification Total household assets (cash or non-cash items that can be converted to cash), not including IRA, Keogh, and similar retirement savings accounts of an eligible household applying for SHIP assistance, shall not exceed twenty thousand dollars ($20,000.00). b. Income Verification / Banking Documents All applicants will be required to provide 2 months of the most current consecutive paystubs and 3 months of the most current consecutive banking statements. Credit Verification 1. Credit Requirement for Purchase Assistance Loans For applicants applying for both a SHIP purchase assistance loan and a loan from a financial institution, the applicable financial institution shall determine whether each applicant's credit is satisfactory based on the applicable financial institution's credit standards. Applicants who received a purchase assistance loan but foreclosed on the first mortgage are not eligible to re -apply for another SHIP purchase assistance loan. 2. Credit Requirement for Rehabilitation and Impact Fee Loans Applicants for rehabilitation and impact fee loans will be deemed to have satisfactory credit if the applicable title search report shows that there is no active lien, judgment, or foreclosure action against the applicant or the applicant's property. No credit requirements shall apply for rehabilitation loans to very low and low- income households using SHIP funds as a match for CDBG funds, Residential - 2 - 369 Exhibit I Construction Mitigation Program (RCMP) funds, or other state and federal housing funding. All applicants must be current on their mortgage loans and property taxes. c. Home Inspection The applicable financial institution shall determine what type of home inspection is needed for applicants applying for SHIP funds and a loan from a financial institution. The financial institution shall arrange for the inspections through their established procedures and shall be responsible for all approval contingencies. For Purchase Assistance loans, the following inspections for all existing housing units five years or older are recommended: i. Termite Inspection ii. Roof iii. Plumbing system iv. Electrical system V. Heating and air conditioning system All inspections must be performed by public service licensed inspectors, registered or certified residential, building, general contractors, or licensed trade contractors as appropriate. The county's staff shall review home inspection reports requested by the county to determine the condition of the home. Based on the results of the home inspection reviewed by the bank or the county, one of the following three actions will be taken: i. If the home is in good condition, the purchase assistance loan application will be submitted to the loan review committee for approval; or ii. If the home needs some rehabilitation work, the applicant may receive a combination of purchase assistance and a rehabilitation loan. A combined purchase assistance and rehabilitation loan application will be submitted to the loan review committee for approval; or iii. If the home is in excessive disrepair and cannot be fixed, the loan application will not be approved. Home inspection charges are considered to be eligible closing cost expenses and payable through SHIP funds. In cases where the county requests a home inspection, but due to the home's condition, a purchase assistance loan cannot be approved, the home inspection cost will be paid through the administration portion of SHIP funds. �m 370 Exhibit I SECTION H: LHAP ASSISTANCE STRATEGY DESCRIPTIONS, IMPLEMENTATION GUIDELINES, AND OPERATING PROCEDURES A. Owner Occupied Rehabilitation Loans (Code #3) a. Summary of the Strategy: To fund all or a portion of the cost encountered in rehabilitating existing owner -occupied housing units or rehabilitation of acquired owner -occupied housing units in conjunction with purchase assistance loans. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income) Low-income persons (between 50-80% of median income) d. Maximum Award: Maximum award: Very Low and Low $80,000 e. Terms, Recapture, Default: Rehabilitation loans are deferred payment 10 -year loans secured by a mortgage and note. The repayment of funds awarded as a rehabilitation loan is not required, except in cases where the assisted housing unit is sold, refinanced with cash -out prior to termination of the unit's affordable classification timeframe, or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash -out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be a 0% simple interest rate for rehabilitation loans. The entire loan amount and interest accumulated will be forgiven after 10 years of occupancy for very low and low-income households. Program income funds will be deposited in the county's affordable housing trust fund. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property (rehabilitation loans in conjunction with CDBG funding will be forgiven upon the death of the homeowner). f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first -qualified, first-served basis subject to funding availability as may be adjusted per the LHAP based on ranking priorities. The following information for applicants will be checked/verified to confirm eligibility and for record management and reporting: i. Income -a- 371 Exhibit I ii. Employment iii. Assets iv. Credit for moderate -income households only V. Disability Status vi. Other information as deemed necessary to meet program requirements First-time applicants will be given priority over previously assisted persons. g. Other Rehabilitation Loan requirements: The County's SHIP Program anticipates providing low-interest loans to eligible households to fund all or a portion of the cost encountered in rehabilitating existing or rehabilitating acquired housing units eligible for occupancy by eligible persons. Rehabilitation loans shall be provided consistent with the requirements of the county's minimum standards for the rehabilitation of residential properties document. Rehabilitation loans will not be awarded for work completed before the county loan approval. Licensed contractors must perform all rehabilitation work. Rehabilitation loans may be awarded only for rehabilitation work activities that are identified in the county's designated inspector work write-up and include only items that are in poor condition and cannot be repaired. Rehabilitation loans may be awarded for the following rehabilitation work activities: 1. Roof (shingle or 5V metal), including replacement of all rotten wood 2. Plumbing work as needed 3. Electrical work as needed 4. Heating and air conditioning, including insulation and ceiling fans 5. Replacement of doors, garage doors, and windows, if in poor condition 6. Replacement of kitchen cabinets and countertops, if in poor condition, with plastic laminate type 7. Patching or replacement of drywall as needed 8. Painting, only as part of more significant rehabilitation work 9. Replacement of rotted siding 10. Replacement of bathroom tubs, lavatories, and sinks, as needed to bring the units to a safe and sanitary standard 11. Replacement of kitchen sinks as needed 12. Pressure wash, only to prepare for any allowed painting or repair 13. Driveway/culvert (only if no driveway exists) 14. Repairs to make a house accessible for a disabled member of a household 15. Repair or replacement of septic tank, lift station, drain field, or private well as required by the public health department 16. Termite repairs and treatment 17. Installation of Aluminum storm window shutters 18. Installation of gutters 19. Hurricane Mitigation work activities 20. Replacement of water heater as needed (including solar panels for a water heater) 21. Other repairs as required by the building department to bring the house up to the current minimum housing code 22. Replacement of stairs as needed - 5 - 372 Exhibit I 23. Application of green building standards to increase the energy efficiency of the unit 24. Repair of a permitted porch to make it safe 25. Replacement of range hood if existing one is not working; installation if no existing 26. Repair or replacement of existing smoke alarm and/or carbon monoxide alarm; installation if none existing 27. Plastic screen, metal screen, or metal mesh for soffit vents 28. Other needed rehabilitation work approved by the SHIP administrator 29. Replacement of flooring with the same existing flooring type (tile floor in a wet area such as kitchen and bathrooms only) 30. Mold and mildew remediation that is not covered by the homeowner's insurance. 31. Payment of an applicant's homeowners insurance deductible in conjunction with a SHIP rehabilitation job when an applicant can get insurance funds for some of the needed work and it is determined by the SHIP administrator that it is in the best interest of the SHIP program and the applicant to pay for the insurance deductible Following rehabilitation work activities are NOT eligible for SHIP funding: 1. Appliances 2. Wood flooring 3. Sauna or Hot Tub 4. Tile floor or wall (except in wet areas such as kitchen and bathrooms) 5. Patio and porch addition 6. Painting which is not part of larger rehabilitation work 7. Building a garage or any house addition 8. Landscaping, sodding, and similar work 9. Any kind of cosmetic work 10. Swimming pool and similar facilities 11. Tile or slate roofing 12. Hardi plank siding unless replacing existing portions 13. Fence Rehabilitation loan amounts shall be based upon a minimum of two written licensed contractor estimates for the exact same scope of work, identifying all necessary rehabilitation work and the expected costs of the rehabilitation work. One bid may be allowed at the discretion of the LHAP Administrator. Contractors' estimates for major rehabilitation work must be based on a work write-up prepared by the county -designated inspector. The applicant shall choose one of the contractors to complete the identified rehabilitation work provided that the contractor cost estimate does not exceed 110% of the estimate provided by the county -designated inspector. When there is no work write-up applicant must receive two comparable bids for the exact same job from two licensed contractors. In this case, the applicant shall choose one of the acceptable bids provided that the contractor's cost estimate does not exceed 5% of the average of all bids received. Where the proposed rehabilitation is minimal or involves specific activities such as replacement of a septic tank, replacement of A/C, roof, window shutters, and other similar work, there may be no work write-up. In such cases, the applicant must contact licensed contractors, obtain at least two comparable bids for the exact same job, and submit the bids to the county. - 6 - 373 Exhibit I Once the contractor estimate is selected and the rehabilitation loan amount including contingencies established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the rehabilitation work. Change orders must be approved by the county designated inspector and/or local housing assistance program staff. The county will order a title search for each rehabilitation property. The county will use the title search results to ensure that all property taxes are current and that there are no delinquent liens or judgments against the property or the property owner(s). Any liens/mortgages identified on the county title search requires proof/documentation that the lien/mortgage is current. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional building department for all rehabilitation work activities. The fixnds for rehabilitation loans of less than $5,000 shall be delivered upon completion of all rehabilitation work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector or local housing assistance program staff that all required rehabilitation activities for the eligible housing unit are completed. Funds for rehabilitation loans of $5,000.00 or more may be delivered in individual draws, not to exceed five draws total, based upon the completion of individual components of the rehabilitation work and inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff. Each partial draw of funds shall not be less than $5,000 and it shall be delivered upon completion of all rehabilitation work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff that all required rehabilitation activities for the eligible housing unit are completed. The contractor must submit an invoice, a copy of the final inspection report, signed and notarized contractor's final affidavit, contractor final waiver of lien, and sub -contractor's final waiver of lien (if any). Staff will make sure that the final draw is not less than $5,000 by keeping track of all draw requests. No SHIP funds will be paid for any work completed prior to the county's notice to proceed. Rehabilitation loans can be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, and other state and federal programs as appropriate. h. Additional Information: i. Geographic Area Rehabilitation loans may be made anywhere in the county, including all municipalities located within the county; ii. Housing Unit Classification Eligible housing units receiving rehabilitation loans must be owner - occupied single-family, or condominium residences. Mobile homes are not eligible; and - 7 - 374 Exhibit I i. Residential Hurricane Miti a tion: The county will match SHIP funds with My Safe Florida Home Funds for hurricane - resistant retrofit improvements to owner -occupied site -built homes to reduce potential future hurricane damage. If applicable, the county shall advertise the availability of My Safe Florida Home funds, accept applications from very low, low, and moderate income homeowners with homestead exemptions for homes that have insured values not exceeding $300,000. Applications will be reviewed on a first qualified, first-served basis. Applications, however, will be approved based on first application completed, first application to receive funding. Eligible retrofit improvements work activities include the following: 1. Improving the strength of the roof deck attachment 2. Creating a secondary water barrier to prevent water intrusion 3. Improving the survivability of the roof covering 4. Bracing gable -ends in the roof framing 5. Reinforcing roof -to -wall connections 6. Upgrading exterior wall opening protections 7. Upgrading exterior doors B. Purchase Assistance with Rehabilitation Loans (Code #1) a. Summary of the Strategy: To assist eligible persons with down payment and closing costs principal reduction associated with the purchase of a home. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 51-80% of median income) Moderate -Income Persons (between 81-120% of median income) d. Maximum Award: - 8 - 375 Exhibit I e. Terms, Recapture, Default: Purchase assistance with rehabilitation loans is deferred payment 20 -year loans for the purchase assistance portion and deferred payment 10 -year loans for the rehabilitation portion, both secured by a mortgage and note whereby repayment of the entire loan amount and accumulated interest occurs at the time that the eligible housing unit is sold, refinanced with cash out, or occupied by someone other than the original loan recipient. There will be a 0% simple annual interest rate for Purchase Assistance with Rehabilitation loans. After 20 years for purchase assistance and after 10 years for rehabilitation assistance; the original loan amount and accumulated interest will be forgiven. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis as may be adjusted per the LHAP based on ranking priorities, subject to funding availability. Applicants will have the following verified to confirm eligibility and for record management and reporting: i. Income; ii. Employment; iii. Assets; iv. First time Homebuyer Status; V. Credit Verification and/or approval from the financial institution that is granting the first mortgage; vi. Approval of first mortgage from a financial institution; vii. Attendance and completion of County's Homebuyer's Educational Workshop (receiving the Homebuyer's Educational Workshop Certificate); and viii. Disability Status. g. Sponsor Selection Criteria: N/A h. Additional Information: i. Geographic Area Purchase assistance with rehabilitation loans may be made anywhere in the county, including all municipalities located within the county; - 9 - 376 Exhibit I ii. Housing Unit Classification All housing units shall be owner -occupied single-family or condominium residences; iii. Purchase assistance loans can be given in combination with a rehabilitation or impact fee loan, for the purchase of existing homes or in combination with an impact fee/capacity charge loan for the construction of a new unit; iv. As structured, the program does not require an applicant to provide a minimum monetary contribution towards the down payment or closing costs. This program policy, however, does not exempt an applicant from a financial institution's minimum monetary contribution requirement, if applicable; V. No owner financing is allowed. All purchase assistance applicants must receive their first mortgage from a financial institution; vi. Except as otherwise provided for herein, SHIP purchase assistance with rehabilitation funds shall not be provided to any household where for the household's first mortgage projected monthly housing cost, including mortgage principal, interest, taxes, and insurance, will exceed 30% of the household's gross income, or where the household's total debt will exceed 45% of the household's gross income. It is not, however, the intent of this plan to limit an individual household's ability to direct more than 30% of its income for housing if the first institutional mortgage lender is satisfied that the applicant household can afford mortgage payments in excess of the 30% benchmark. For that reason, the monthly housing cost to gross income ratio (front-end ratio) may be up to 35% as long as the back -end ratio does not exceed 45%. In such cases, the first mortgage lender must inform the county in writing of its determination. This determination must be based on specific characteristics applicable to the applicant, such as the applicant's short-term debts, the applicant having a good history of debt management, or other pertinent reasons. These requirements apply to all income categories. With the exception of very low and low-income Habitat for Humanity applicants, a household's monthly housing cost -to -income ratio (front-end ratio) shall not fall below 20%. Because Habitat for Humanity mortgages carry a 0% interest rate, Habitat for Humanity clients may have a monthly housing cost less than 20% of gross income. In the case of Habitat for Humanity clients, the front- end ratio may be as low as 17%. Housing units constructed as new units, within one calendar year, substantially rehabilitated within one (1) calendar year prior to purchase, or units to be rehabilitated in conjunction with the purchase assistance loans shall be classified as constructed, rehabilitated, or repaired units; Indian River County has a lending consortium consisting of local banks and financial institutions. Pursuant to the consortium's rules, consortium members waive certain fees and charge interest rates close to the Federal National - 10 - 377 Exhibit I Mortgage Association or Federal Home Loan Mortgage Corporation 30 to 60 day rate for principal mortgages provided to SHIP purchase assistance loan recipients. The maximum term of a first mortgage shall not exceed 30 years. For SHIP purchase assistance with rehabilitation loans, the number of points, which may be charged by the financial institution providing the first mortgage, shall be as follows: For conventional loans, up to one (1) point may be paid from SHIP funds. If a lender does not charge any points on a principal mortgage associated with a SHIP purchase assistance loan, the lender may increase the interest rate on the first mortgage up to a maximum of 1 percentage point above the maximum interest rate referenced above For FHA loans, a maximum of one (1) point may be paid from SHIP funds • For "bond program" loans only, more than one (1) point may be paid from SHIP funds; For applicants to be eligible to receive SHIP funds for a purchase assistance with rehabilitation loan the first mortgage loan must be a fixed rate loan. No loan requiring a balloon payment is acceptable for any income group; For all purchase assistance with rehabilitation loans a copy of the first mortgage title insurance must be provided to SHIP office; and Purchase assistance loans may be leveraged with loans from financial institutions, USDA Rural Development, Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Community Workforce Housing Innovation Pilot Program (CWHIP), and other applicable State or Federal Programs. vii. Maximum purchase price shall not exceed 90% of the average area purchase price as established by the U.S. Treasury Department and published by Florida Housing Finance Corporation. • Maximum purchase price for new and existing single-family homes and condos is $300,000. viii. Subordination of SHIP mortgages associated with first mortgage refinancing shall be subject to the following requirements. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: 378 Exhibit I Requirements for a Refinanced First MoAnn Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate Not to exceed the original first For purchase assistance loan, and interest rate mortgage amount. Any loans up to 1 point allowed must be lower than the available equity up to the existing first mortgage original mortgage amount may For other loans up to 2 interest rate. be used for closing costs points allowed associated with the refinancing. No cash out to applicant ix. Partial Loan Payment The county's Loan Review Committee (LRC) will review all requests for partial loan payments on a case-by-case basis. However, the county will not accept any partial loan payment less than 35% of the original loan, unless it is proven that it is in the best interest of the county to accept a partial loan payment of less than 35%. C. Purchase Assistance without Rehabilitation Loans (Code #2) a. Summary of the Strategy: To assist eligible persons with down payment and closing costs principal reduction associated with the purchase of a home. Purchase assistance loans without rehabilitation are intended to be used by applicants who find new homes that do not need any rehabilitation. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income) Low -Income Persons (between 51-80% of median income) Moderate -Income Persons (between 81-120% of median income) d. Maximum Award: Very Low -Income Person $50,000 Low -Income Person $35,000 Moderate -Income Person $20,000 e. Terms, Recapture, Default: - 12 - 379 Exhibit I Purchase assistance loans are deferred payment 20 -year loans secured by a mortgage and note whereby repayment of the entire loan amount and accumulated interest occurs at the time that the eligible housing unit is sold, refinanced with cash out, or occupied by someone other than the original loan recipient. There will be a 0% simple annual interest rate for Purchase Assistance loans. After 20 years the original loan amount and accumulated interest will be forgiven. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first -qualified, first-served basis as may be adjusted per the LHAP based on ranking priorities, subject to funding availability. Applicants will have the following verified to confirm eligibility and for record management and reporting: ix. Income; X. Employment; xi. Assets; xii. First-time Homebuyer Status; xiii. Credit Verification and/or approval from the financial institution that is granting the first mortgage; xiv. Approval of the first mortgage from a financial institution; xv. Attendance and completion of County's Homebuyer's Educational Workshop (receiving the Homebuyer's Educational Workshop Certificate); and xvi. Disability Status. g. Sponsor Selection Criteria: N/A h. Additional Information: i. Geographic Area Purchase assistance loans may be made anywhere in the county, including all municipalities located within the county; ii. Housing Unit Classification - 13 - 380 Exhibit I All housing units shall be owner -occupied single-family or condominium residences; iii. Purchase assistance loans can be given in combination with an impact fee/capacity charge loan for the construction of a new unit; iv. As structured, the program does not require an applicant to provide a minimum monetary contribution towards the down payment or closing costs. This program policy, however, does not exempt an applicant from a financial institution's minimum monetary contribution requirement, if applicable; V. No owner financing is allowed. All purchase assistance applicants must receive their first mortgage from a financial institution; vi. Except as otherwise provided for herein, SHIP purchase assistance funds shall not be provided to any household where for the household's first mortgage projected monthly housing cost, including mortgage principal, interest, taxes, and insurance, will exceed 30% of the household's gross income, or where the household's total debt will exceed 45% of the household's gross income. It is not, however, the intent of this plan to limit an individual household's ability to direct more than 30% of its income for housing if the first institutional mortgage lender is satisfied that the applicant household can afford mortgage payments in excess of the 30% benchmark. For that reason, the monthly housing cost to gross income ratio (front-end ratio) may be up to 35% as long as the back -end ratio does not exceed 45%. In such cases, the first mortgage lender must inform the county in writing of its determination. This determination must be based on specific characteristics applicable to the applicant such as the applicant's debts being short term, the applicant having a good history of debt management, or other pertinent reasons. These requirements apply to all income categories. With the exception of very low and low-income Habitat for Humanity applicants, a household's monthly housing cost -to -income ratio (front-end ratio) shall not fall below 20%. Because Habitat for Humanity mortgages carry a 0% interest rate, Habitat for Humanity clients may have a monthly housing cost less than 20% of gross income. In the case of Habitat for Humanity clients, the front-end ratio may be as low as 17%; Housing units constructed as new units, within one calendar year, and substantially rehabilitated within one (1) calendar year prior to purchase shall be classified as new units; Indian River County has a lending consortium, consisting of local banks and financial institutions. Pursuant to the consortium's rules, consortium members waive certain fees and charge interest rates close to the Federal National Mortgage Association or Federal Home Loan Mortgage Corporation's 30- to 60 -day rate for principal mortgages provided to SHIP purchase assistance loan recipients. The maximum term of a first mortgage shall not exceed 30 years. For SHIP purchase assistance loans, the number of points, which may be - 14 - 381 Exhibit I charged by the financial institution providing the first mortgage, shall be as follows: • For conventional loans, up to one (1) point may be paid from SHIP funds. If a lender does not charge any points on a principal mortgage associated with a SHIP purchase assistance loan, the lender may increase the interest rate on the first mortgage up to a maximum of 1 percentage point above the maximum interest rate referenced above For FHA loans, a maximum of one (1) point may be paid from SHIP funds • For "bond program" loans only, more than one (1) point may be paid from SHIP funds; For applicants to be eligible to receive SHIP funds for a purchase assistance loan the first mortgage loan must be a fixed rate loan. No loan requiring a balloon payment is acceptable for any income group; For all purchase assistance loans a copy of the first mortgage title insurance must be provided to SHIP office; and Purchase assistance loans may be leveraged with loans from financial institutions, USDA Rural Development, Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), Community Workforce Housing Innovation Pilot Program (CWH1P), and other applicable State or Federal Programs. viii. Maximum purchase price shall not exceed 90% of the average area purchase price as established by the U.S. Treasury Department and published by Florida Housing Finance Corporation. • Maximum purchase price for new and existing single-family homes and condos is $300,000. viii. Subordination of SHIP mortgages associated with first mortgage refinancing shall be subject to the following requirements. No existing SHIP mortgage will be subordinated to a refinanced first mortgage unless the following requirements are met: - 15 - 382 Exhibit I Requirements for a Refinanced First Morta e Maximum Maximum Interest Rate Maximum First Mortgage Maximum Points Allowed Term Allowed Amount Allowed Allowed 30 Years Must be a fixed rate Not to exceed the original first For purchase assistance loan, and interest rate mortgage amount. Any loans up to 1 point allowed must be lower than the available equity up to the existing first mortgage original mortgage amount may For other loans up to 2 interest rate. be used for closing costs points allowed associated with the refinancing. No cash out to applicant X. Partial Loan Payment The county's Loan Review Committee (LRC) will review all requests for partial loan payments on a case-by-case basis. However, the county will not accept any partial loan payment less than 35% of the original loan, unless it is proven that it is in the best interest of the county to accept a partial loan payment of less than 35%. D. Owner Occupied Emergency Rehabilitation Loans (Code #6) a. Summary of the Strategy: To fund all or a portion of the cost encountered for emergency repair of existing owner - occupied housing units to prevent further damage to the unit or to make it habitable with temporary repairs. This strategy shall be used in cases where the health department, a jurisdiction's building official, SHIP administrator, or designee determines that a structure or other items, such as a septic tank, is in such condition that it threatens the occupant's health or safety. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81-120% of median income) d. Maximum Award: The maximum monetary award for an emergency repair loan shall not exceed: Up to $35,000 per single family or a condominium -housing unit. - 16 - 383 Exhibit I e. Terms, Recapture, Default: Emergency rehabilitation loans are deferred payment 10 -year loans secured by a mortgage and note. The repayment of funds awarded as an emergency rehabilitation loan is not required, except in cases where the assisted housing unit is sold, refinanced with cash -out prior to termination of the unit's affordable classification timeframe, or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash -out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be a 0% simple interest rate for emergency rehabilitation loans. After 10 years, the original loan amount and accumulated interest will be forgiven. Program income funds will be deposited in the county's affordable housing trust fund. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property (rehabilitation loans in conjunction with CDBG funding will be forgiven upon the death of the homeowner). f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis as may be adjusted per the LHAP based on ranking priorities, subject to funding availability. Applicants will have the following verified to confirm eligibility and for record management and reporting: i. Emergency needs identified by a building official, health department, or SHIP administrator ii. Income First-time applicants will be given priority over previously assisted persons. Exceptions may be made for eligible property owners in cases where living conditions threaten the personal health and safety of the household. Property taxes must be current, and the property must not be in a foreclosure process. g. Other Emergency Rehabilitation Loan Requirements: The county's SHIP Program anticipates providing emergency rehabilitation loans to eligible, very low-income, low-income, and moderate -income households to fund all or a portion of the cost of emergency repair for existing single-family or condominium owner - occupied housing units. Emergency repair loans will not be awarded for repair work previously completed. All emergency repair work must be performed by licensed contractors. Applicants must first apply to their own home insurance for needed repairs. Emergency rehabilitation loans may be awarded, if needed, for repair work activities that are essential to make a house safe for habitation and/or to prevent further damage to the house. Emergency repair loans may not be awarded in combination with purchase assistance loan assistance. Emergency rehabilitations eligible for SHIP funding are limited to weatherization - 17 - 384 Exhibit I activities and repair activities to prevent further damage to the house. Weatherization refers to materials or measures and their installation, which are used to improve the thermal efficiency of a residence. SHIP funds may be provided for emergency repairs with at least two written licensed contractor estimates and an expedited approval process. The contractor with the lowest bid will be awarded the job. Emergency rehabilitation loans may be awarded for the following rehabilitation work activities. i. Roof repair/replacement when there is a recently active leak; the insurance company is requesting roof replacement to maintain insurance; and shoring activities to protect and stabilize the housing unit ii. Plumbing work found to be unsafe by a jurisdiction's building official or his designee iii. Electrical work found unsafe by a jurisdiction's building official or his designee iv. Repair/replacement of septic tank, lift station, drain field, or private well as required by the public health department, SHIP Administrator, or designee v. Demolition of unsafe structures as determined by the jurisdiction's building official vi. Mold and mildew remediation that is not covered by the homeowner's insurance vii. Payment of an applicant's homeowners insurance deductible in conjunction with a SHIP rehabilitation job when an applicant can get insurance funds for some of the needed work and it is determined by the SHIP administrator that it is in the best interest of the SHIP program and the applicant to pay for the insurance deductible For any other rehabilitation needs, the applicant may apply under regular rehabilitation loan assistance strategies. Emergency rehabilitation loan amounts shall be based upon the lowest written licensed contractor estimate for the scope of work, identifying all necessary repair work and the expected costs of the repair work. Once the contractor estimate is selected and the emergency repair loan amount, including contingencies, is established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the repair work. Change orders must be approved by the county. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional Department of Health or Building Department for all repair activities. The funds for emergency rehabilitation loans of less than $5,000.00 shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department that all required repair activities for the eligible housing unit are completed. Funds for emergency rehabilitation loans of $5,000.00 or more may be delivered in individual draws, not to exceed three draws total, based upon the completion of individual components of the repair work and inspection by the corresponding jurisdictional Building Department or the local housing assistance program staff. Each partial draw, including the final draw of funds, shall not be less than $5,000, - 18 - 385 Exhibit I and it shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county - designated inspector that all required repair activities for the eligible housing unit are completed. No SHIP funds will be paid for any work completed prior to issuance of the county notice to proceed. Emergency rehabilitation loans may be leveraged with private funds, Community Development Block Grant (CDBG) funds, weatherization funds, HUD transitional housing funds, or other state and federal programs as appropriate. h. Additional Information: i. Geographic Area Emergency rehabilitation loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Eligible housing units receiving emergency rehabilitation loans must be owner -occupied single-family or condominium residences. Mobile homes are not eligible. E. Disaster Mitigation Loans (Code #5) a. Summary of the Strategy: To fund all or a portion of the cost encountered for disaster -related repair of existing owner -occupied housing units to prevent further damage to the unit or to make it habitable with temporary repairs. This strategy shall be used in the event of a disaster declared by state or federal executive order. This strategy will be implemented only in the event of a disaster using any funds that have not yet been encumbered and/or additional disaster funds issued by the Florida Housing Finance Corporation. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81 to 120% of median income) d. Maximum Award: The maximum monetary award for a disaster mitigation repair loan shall not exceed: Up to $30,000 per single family or a condominium -housing unit. - 19 - 386 Exhibit I e. Terms, Recapture, Default: Disaster mitigation repair loans are deferred payment 10 year loan secured by a mortgage and note. The repayment of funds awarded as a disaster mitigation repair loan is not required, except in cases where the assisted housing unit is sold, refinanced with a cash out prior to termination of the unit's affordable classification timeframe (10 years) or occupied by someone other than the original loan recipient. In cases where the unit is sold, refinanced with a cash out, or occupied by someone else, the entire original loan amount and accumulated interest must be paid back. There will be a 0% simple interest rate for disaster mitigation repair 10 year loans. After 10 years the entire loan amount and accumulated interest is forgiven. Eligible persons may repay the entire amount of the loan at any time. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified, first served basis subject to funding availability. Applicants will be chosen per the following criteria: i. Disaster -related rehabilitation needs ii. Income Eligibility iii. Disability Status To expedite approval process, a Disaster Self Certification of Income Form may be utilized. g. Other Disaster Mitigation Repair Loan Requirements: The county's SHIP program anticipates providing disaster repair 10 year loans to eligible, very low income, low-income, and moderate income households to fund all or a portion of the cost of disaster repair for existing single-family or condominium owner occupied housing units. Disaster repair loans will not be awarded for repair work previously completed. All disaster repair work must be performed by licensed contractors. Disaster loans may not duplicate repairs that may be done by the resident's homeowners insurance, FEMA, and similar assistances. Disaster repair loans may be awarded if needed for repair work activities which are essential to make a house safe for habitation and/or to prevent further damage to the house. Disaster repair loans may not be awarded in combination with a purchase assistance loan. Disaster repair loans will be used in the event of a natural, state, or federally declared disaster. SHIP funds may be provided for disaster associated repairs with only one written licensed contractor estimate and expedited approval process. Disaster repair loans may be awarded only for rehabilitation work activities related to a declared emergency or disaster. Disaster repair loans may be awarded for the following rehabilitation work activities. -20- 387 Exhibit I i. Purchase of emergency supplies for eligible households to weatherproof damaged homes; ii. Interim repairs to avoid further damage; tree and debris removal required to make the individual housing habitable; iii. Construction of wells or repair of existing wells where public water is not available; iv. Payment of insurance deductibles for rehabilitation of homes covered under homeowner insurance and homeowner association policies; v. Repair or replacement of septic tanks damaged through a disaster; or vi. Other activities as proposed by the county and approved by Florida Housing Finance Corporation. For any other rehabilitation needs, the applicant may apply under regular rehabilitation loan assistance strategies. Disaster repair loan amounts shall be based upon a written licensed contractor estimate for the scope of work, identifying all necessary repair work and the expected costs of the repair work. The applicant shall choose a licensed contractor to complete the identified repair work. Once the contractor estimate is selected and the disaster repair loan amount including contingencies is established, no additional funds may be awarded. The contractor estimate must identify all potential costs (including building permit fees) to be encountered in completing the repair work. Change orders must be approved by the county. The applicant or his contractor must obtain a building permit from the corresponding jurisdictional Building Department for all repair activities. The funds for disaster repair 10 year loans of less than $5,000.00 shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. Funds for disaster repair 10 year loans of $5,000 or more may be delivered in individual draws, not to exceed three draws total, based upon the completion of individual components of the repair work and inspection by the corresponding jurisdictional Building Department and the county designated inspector or the local housing assistance program staff. Each partial draw including the final draw of funds shall not be less than $5,000.00 and it shall be delivered upon completion of all repair work and a satisfactory final inspection by the corresponding jurisdictional Building Department and the county designated inspector that all required repair activities for the eligible housing unit are completed. No SHIP funds will be paid for any work completed prior to issuance of the county notice to proceed. Disaster repair loans may be leveraged with private funds, small city Community Development Block Grant (CDBG) funds, weatherization funds, HUD transitional - 21 - 388 Exhibit I housing funds, FEMA funds, or other state and federal programs as appropriate. h. Additional Information: i. Geographic Area Disaster repair loans may be made anywhere in the county, including all municipalities located within the county. ii. Housing Unit Classification Eligible housing units receiving disaster repair 10 year loans must be owner -occupied single-family, or condominium residences. Mobile homes are not eligible. r. m, A[wr nurm- i. i izgw -. g a. Summary of the Strategy: To assist income eligible persons with the cost of impact fees and/or water and sewer capacity charges for owner occupied housing units anywhere in Indian River County. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income). Low -Income Persons (between 51-80% of median income). Moderate -Income Persons (between 81-120% of median income) in conjunction with down payment/closing cost loans only. d. Maximum Award: The county provides loans for the actual amount of impact fees and capacity charges, not to exceed $20,000 per unit for the cost of impact fees and/or capacity charges. e. Terms, Recapture, Default: Impact fee/capacity charge loans are deferred payment 10 -year loans secured by a mortgage and note whereby repayment of the entire loan and accumulated interest will be forgiven after 10 years of occupancy. There will be 0% simple annual interest rate for impact fee/capacity charge loans. The repayment of funds awarded as an impact fee/capacity charges loan is not required, except in cases whereby the eligible housing unit is sold, occupied by someone other than the original loan recipient prior to termination of the unit's affordable classification timeframe, or refinanced with cash out prior to termination of the affordability timeframe. - 22 - 389 Exhibit I In these cases, repayment of the entire original loan amount and accumulated interest is required. Program income funds will be deposited in the county's affordable housing trust fund. In the event of the death of the homeowner, an income eligible heir may assume the county SHIP loan as long as the home is utilized as household's homesteaded property (rehabilitation loans in conjunction with CDBG funding will be forgiven upon death of homeowner). SHIP Deferred Payment Loans (DPL), in conjunction with CDBG funded projects, will be forgiven in 5 years or upon death of the homeowner, whichever comes first. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis subject to funding availability. Applicants will be chosen per the following criteria: i. Income Eligibility ii. Employment Verification iii. Asset Verification iv. Homebuyer Status V. Disability Status As needed, applicants may apply for a capacity charge loans when water or sewer service becomes available. First time applicants will be given priority over previously assisted persons. Exceptions may be made for eligible property owners in cases where living conditions threaten the personal health and safety of the household. Property taxes must be current and property must be free of code enforcement liens. g. Sponsor Selection Criteria: Non-profit organizations or for-profit developers may utilize this strategy only when the impact fee/capacity charge loan is a match for another housing program, such as the CDBG Program, Home Investments Partnership (HOME), Low Income Housing Tax Credit Program (LIHTC), State Apartment Incentive Loan Program (SAIL), Multi -Family Mortgage Revenue Bond Program, or other state and federal housing programs. Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program shall be selected according to the following criteria: i. Ability to proceed with the construction or rehabilitation activities and receive a certificate of occupancy within one year of the closing transaction date; ii. Number of units provided per year; iii. Ability to provide maximum leverage against SHIP funds; iv. The length of time the organization has been in Indian River County; - 23 - 390 Exhibit I v. Experience in the development of affordable housing; vi. The non-profit organization must be an entity with current 501(c)(3) tax-exempt status. h. Additional Information: i. Geographic Area Impact fee/capacity charge loans may be made anywhere in the county, including all municipalities located within the county; ii. Housing Unit Classification; All housing units shall be owner -occupied; and iii. Impact fee/capacity charge loans may be given in combination with purchase assistance or rehabilitation loans. G. New Construction Federal or State Programs Matching Loans (Code #21) a. Summary of the Strategy: To assist non-profit organizations, and for-profit developers with matching funds needed to obtain federal or state housing programs funding for development of rental affordable housing projects. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 C. Income Categories to be Served: Very Low -Income Persons (not to exceed 50% of median income) Low -Income Persons (51 to 80% of the county's median income) Moderate -Income Persons (81 to 120% of median income) d. Maximum Award: The maximum monetary award will be up to $100,000 for each LIHTC project or it is capped at a maximum of $25,000 per unit. These amounts may be administratively lowered by SHIP staff with Loan Review Committee approval if limited SHIP funds are available (due to a larger waiting/que list than funds available) and/or if a lower award amount will achieve the same point outcome for federal or state housing programs funding for development of rental affordable housing projects. e. Terms, Recapture, Default: - 24 - 391 Exhibit I The federal and state programs matching loans are Deferred Payment Loans (DPL). The county will sign agreements with developers for performance of the loan. This DPL is secured by a recorded subordinate mortgage and note. The entire loan amount and interest accumulated will be forgiven after 10 years of compliance with federal and State housing program requirements. The compliance period for developments receiving SHIP funds as a match for any state and/or federal funds will be consistent with applicable state and federal fund requirements for 10 years of affordability. Monitoring of these developments will be done through the appropriate state or federal programs. The repayment of funds awarded as a matching loan is not required as long as the project is constructed and meets the federal or state housing program requirements, except in cases where the assisted housing has changed to a market rate prior to expiration of the affordability period. In that case, the entire original loan amount is due and payable. There will be a 3% interest rate for matching loans. Recaptured funds will be deposited in the county's affordable housing trust fund. f. Sponsor Selection Criteria: Non-profit organizations or for-profit developers eligible to participate in the local housing assistance program must submit a federal or state application to the appropriate agencies to qualify. Assistance will be provided to projects which receive an award of funds from a federal or state housing programs. Factors that may be considered in selecting the sponsor/developer may include, but is not limited to: 1. Capacity and Capability to Carry -out Project 2. Scale of Project/Utilization of Density Bonuses 3. Experience in Completing Similar Projects 4. Use of Personnel from Wages and Workforce Development Programs 5. Leveraging 6. Site Control 7. Neighborhood Compatibility with Area Redevelopment Plan 8. Creation of Mixed Income Communities 9. Recapture Provisions 10. Incorporation of Partnerships with Local Employers, Institutions, Hospitals and Schools 11. Incorporation of Transit -Oriented Design 12. Attractiveness of Design 13. Multistory Buildings Must Have Elevators and be ADA Compliant 14. Use of Green Building Techniques g. Additional Information: i. Developers receiving assistance from both SHIP and the Housing Tax Credit (LIHTC) program shall be required to comply with the income, affordability and other LIHTC requirements. Similarly, any units receiving assistance from SHIP and other federal, State or local programs shall be required to comply with any requirements specified by the other program in addition to SHIP - 25 - 392 Exhibit I program requirements. In the event both programs have restrictions on the same issue, the more restrictive regulation shall take precedence. If one program is silent on an issue, the program with a regulation on the issue shall apply. 67-37.007(12) F.A.C.; ii. Geographic Area Matching loans may be made anywhere in the county, including all municipalities located within the county. iii. Housing Unit Classification Eligible housing units provided by federal or state housing funds may be rented or owner -occupied. H. Foreclosure Prevention (Code #7) a. Summary of the Strategy: To assist income -eligible applicants to prevent foreclosure. This is a one-time assistance only. Applicants requesting assistance must be able to prove that their financial situation is temporary and is due to a change in the family status, including but not limited to serious medical illness, divorce or separation, death in the family, unforeseen home repair bills, a reduction in the number of scheduled work hours, increased insurance premiums, increased homeowner's association fees or a job loss that was not the fault of the recipient. b. Fiscal Years Covered: FY 2024-2025, FY 2025-2026, and FY 2026-2027 c. Income Categories to be Served: Very Low -Income Persons (Not to exceed 50% of median income). Low -Income Persons (between 51-80% of median income). d. Maximum Award: The maximum award amount shall not exceed $8,000. e. Terms, Recapture, Default: Foreclosure Prevention loans are a deferred payment of 2 -year loans secured by a mortgage and note whereby repayment of the entire loan and accumulated interest will be forgiven after 2 years of occupancy. There will be a 0% simple annual interest rate for impact fee/capacity charge loans. The repayment of funds awarded as a foreclosure prevention loan is not required, except in cases whereby the eligible housing unit is sold, occupied by someone other than the original loan recipient prior to termination of the unit's affordable classification timeframe, or refinanced with cash out prior to termination of the affordability timeframe. In these - 26 - 393 Exhibit I cases, repayment of the entire original loan amount and accumulated interest is required. Program income funds will be deposited in the county's affordable housing trust fund. In the event of the death of the homeowner, an income -eligible heir may assume the county SHIP loan as long as the home is utilized as the household's homesteaded property. f. Recipient Selection Criteria: Eligible applicants will be approved for assistance on a first qualified first served basis subject to funding availability. Applicants will be chosen per the following criteria: vi. Income Eligibility vii. Employment Verification viii. Asset Verification ix. Disability Status First-time applicants will be given priority over previously assisted persons. Property taxes must be current, and property must be free of code enforcement liens. g. Additional Information: 1. Property taxes and homeowner's insurance must be paid current unless these amounts were being escrowed as part of the mortgage payment. 2. The property shall have no other liens other than the first mortgage or previous SHIP, CDBG, or NSP liens. 3. No assistance will be provided to any property owner whose home is in the process of foreclosure or who has delinquent tax liens or other liens, with the exception of a previous SHIP, CDBG, or NSP lien against it. FACommunity Development\SHIP\LHAP\2021-2024 LHAP\Submission to State 3-26-21\Guidelines, Procedures, and Strategies 2021-2022,2022- 2023,2023-2024 -Bill Collins.docx - 27 - 394 Exhibit E 67-37.005(1), F.A.C. 2023 RESOLUTION #:2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING THE LOCAL HOUSING ASSISTANCE PLAN AS REQUIRED BY THE STATE HOUSING INITIATIVES PARTNERSHIP PROGRAM ACT, SUBSECTIONS 420.907-420.9079, FLORIDA STATUTES; AND CHAPTER 67-37, FLORIDA ADMINISTRATIVE CODE; AUTHORIZING AND DIRECTING THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR TO EXECUTE ANY NECESSARY DOCUMENTSAND CERTIFICATIONS NEEDED BY THE STATE; AUTHORIZING THE SUBMISSION OF THE LOCAL HOUSING ASSISTANCE PLAN FOR REVIEW AND APPROVAL BYTHE FLORIDA HOUSING FINANCE CORPORATION; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida enacted the William E. Sadowski Affordable Housing Act, Chapter 92-317 of Florida Sessions Laws, allocating a portion of documentary stamp taxes on deeds to local governments for the development and maintenance of affordable housing; and WHEREAS, the State Housing Initiatives Partnership (SHIP) Act, ss. 420.907-420.9079, Florida Statutes (1992), and Rule Chapter 67-37, Florida Administrative Code, requires local governments to develop a one- to three-year Local Housing Assistance Plan outlining how funds will be used; and WHEREAS, the SHIP Act requires local governments to establish the maximum SHIP funds allowable for each strategy; and WHEREAS, the SHIP Act further requires local governments to establish an average area purchase price for new and existing housing benefiting from awards made pursuant to the Act; The methodology and purchase prices used are defined in the attached Local Housing Assistance Plan; and WHEREAS, as required by section 420.9075, F.S., it is found that 5 % of the local housing distribution plus 5 % of program income is insufficient to adequately pay the necessary costs of administering the local housing assistance plan. The cost of administering the program may not exceed 10 % of the local housing distribution plus 5% of program income deposited into the trust 395 Exhibit E 67-37.005(1), F.A.C. 2023 fund, except that small counties, as defined in s. 120.52(19) Florida Statutes, and eligible municipalities receiving a local housing distribution of up to $350,000 may use up to 10 % of program income for administrative costs. WHEREAS, the Planning and Development Services Department has prepared a three-year Local Housing Assistance Plan for submission to the Florida Housing Finance Corporation; and WHEREAS, the Board of County Commissioners made a determination that it is in the best interest of Indian River County citizens to submit the Local Housing Assistance Plan for review and approval so as to qualify for said documentary stamp tax funds; and WHEREAS, this resolution replaces and supersedes resolution #2020-107, which was approved by the Board on December 1, 2020. NOW THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: Section 1: The Board of County Commissioners of Indian River County hereby approves the Local Housing Assistance Plan, as attached and incorporated hereto for submission to the Florida Housing Finance Corporation as required by ss. 420.907-420-9079, Florida Statutes, for fiscal years 2023-2024, 2024-2025, 2025-2026. Section 2: The Planning and Development Services Director is hereby designated and authorized to execute any documents and certifications required by the Florida Housing Finance Corporation as related to the Local Housing Assistance Plan and to do all things necessary and proper to carry out the terms and conditions of said program. 396 Exhibit E 67-37.005(1), F.A.C. 2023 Section 3: The County shall utilize up to 10% of the local housing distribution plus 5% of the program income deposited into the trust fund to administer the program. Section 4: This resolution shall take effect immediately upon its adoption. The foregoing resolution was offered by Commissioner and seconded by Commissioner and being put to a vote, the vote was as follows: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared the resolution duly passed and adopted this day of January 2024. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Ryan L. Butler, Deputy Clerk of Circuit Court and Comptroller ATTEST: BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, County Attorney Susan Adams, Chairman 397 Exhibit D 67-37.005(1), F.A.C. 2023 CERTIFICATION TO FLORIDA HOUSING FINANCE CORPORATION Local Government or Interlocal Entity: Indian River County, Florida Certifies that: (1) The availability of SHIP funds will be advertised pursuant to program requirements in 420.907- 420.9079, Florida Statutes. (2) All SHIP funds will be expended in a manner which will ensure that there will be no discrimination on the basis of race, color, national origin, sex, handicap, familial status, or religion. (3) A process to determine eligibility and for selection of recipients for funds has been developed. (4) Recipients of funds will be required to contractually commit to program guidelines and loan terms. (5) Florida Housing will be notified promptly if the local government /interlocal entity will be unable to comply with any provision of the local housing assistance plan (LHAP). (6) The LHAP provides a plan for the encumbrance of funds within twelve months of the end of the State fiscal year in which they are received and a plan for the expenditure of SHIP funds including allocation, program income and recaptured funds within 24 months following the end of the State fiscal year in which they are received. (7) The LHAP conforms to the Local Government Comprehensive Plan, or that an amendment to the Local Government Comprehensive Plan will be initiated at the next available opportunity to insure conformance with the LHAP. (8) Amendments to the approved LHAP shall be provided to the Florida Housing for review and/or approval within 21 days after adoption. (9) The trust fund exists with a qualified depository for all SHIP funds as well as program income or recaptured funds. (10) Amounts on deposit in the local housing assistance trust fund shall be invested as permitted by law. (11) The local housing assistance trust fund shall be separately stated as a special revenue fund in the local governments audited financial statements (CAFR). An electronic copy of the CAFR or a 398 Exhibit D 67-37.005(1), F.A.C. 2023 hyperlink shall be provided to Florida Housing by June 30 of the applicable year. (12) Evidence of compliance with the Florida Single Audit Act, as referenced in Section 215.97, F.S. shall be provided to Florida Housing by June 30 of the applicable year. (13) SHIP funds will not be pledged for debt service on bonds. (14) Developers receiving assistance from both SHIP and the Low -Income Housing Tax Credit (LIHTC) Program shall comply with the income, affordability and other LIHTC requirements, similarly, any units receiving assistance from other federal programs shall comply with all Federal and SHIP program requirements. (15) Loans shall be provided for periods not exceeding 30 years, except for deferred payment loans or loans that extend beyond 30 years which continue to serve eligible persons. (16) Rental Units constructed or rehabilitated with SHIP funds shall be monitored for compliance with tenant income requirements and affordability requirements or as required in Section 420.9075 (3)(e). To the extent another governmental entity provides periodic monitoring and determination, a municipality, county or local housing financing authority may rely on such monitoring and determination of tenant eligibility. (17) The LHAP meets the requirements of Section 420.907-9079 FS, and Rule Chapter 67-37 FAC. (18) The provisions of Chapter 83-220, Laws of Florida have not been implemented (except for Miami -Dade County). Witness Witness Date OR Attest: Chief Elected Official or Designee Susan Adams, BCC Chairman Type Name and Title 2 (Seal) 399 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Mark Vietze, MPO GIS Planner DATE: January 5, 2024 SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 23, 2024. DESCRIPTION & CONDITIONS Each year, Indian River County receives public transportation operating assistance through the Florida Department of Transportation (FDOT) Public Transportation Block Grant program. The FDOT Block Grant funds are combined with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant program). These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed -route) and the Community Coach (demand response) transit services. For FY 2023/24, $729,905 has been allocated through the state Block Grant program to the county. Because the Block Grant has a 50% match requirement, the county is required to provide a local match of $729,905. As was the case in previous years, matching funds will come from the County's normal transit allocation. Together, the Block Grant funds and local funds ($1,459,810) will be applied as a local/state match towards federal operating assistance through the Section 5307 program. ANALYSTS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Block Grant funds pursuant to state regulations. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans. In this case, the provision of transit service is consistent with the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. To receive the Block Grant funds, C:\Users\ufc-prod\AppDataV-ocal\Temp\BCL Technologies\easyPDF 8\@BCL@4C145DOF\@BCL@4C145DOF.docx 406 the County must enter into a Public Transportation Grant Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the PTGA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, County staff will transmit the grant agreement to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider. The grant agreement covers a three-year period and includes funding for the first year (FY 2023/24). Any unexpended funds in the first year will carry over to the remaining two years of the agreement. FUNDING Funding, in the amount of $729,905, will be budgeted and available in the General Fund/Community Transportation Coordinator account (Account Number 00111041-088230) once the rollover budget amendment has been approved by the Board and posted. These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement 2. MOT Public Transportation Grant Agreement 3. Grant Budget Form C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@4C145DOF\@BCL@4C 145DOF.docx 401 Financial Project Number(s): (Rem -segment -phase -sequence) 407189-5-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: N/A N/A 55.010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/11/2022 DDR, DPTO, LF FLAIR Category: 088774 Work Activity Code/Function: 215 Federal Number/Federal Award Identification Number (FAIN) — Transit only: Federal Award Date: Agency SAM/UEI Number: Public Transit Block Grant Proqram Object Code: 751000 Org. Code: 55042010429 Vendor Number: f596000674006 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.052, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Block Grant funding for ooeratina assistance to Indian River Countv BOCC for its urbanized area of Indian River, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit 63: Alternative Advanced Pay (Transit Bus Program) _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance 402 Page 1 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/1112022 "Exhibit H: Audit Requirements for Awards of Federal Financial Assistance "Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor "Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through June 30, 2027. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 403 Page 2 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ7/11/2022 9. Project Cost: a. The estimated total cost of the Project is $1,459,810. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $729,905 and, the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, 404 Page 3 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC7/11/2022 Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. f. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department 405 Page 4 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGC7/11/2022 may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for 406 Page 5 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 7/11/2022 not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. —If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. _Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. 407 Page 6 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 7/11/2022 g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 408 Page 7 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 7/11/2022 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided 409 Page 8 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 711112022 through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F — Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F — Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F — Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, will meet the requirements of this part. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a-)dot.state. fl. us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census..qov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F —Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTS ingleAudit(Mot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F — Audit Requirements. v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and 410 Page 9 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGC 7/11/2022 management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTS ingleAud it@dot.state.fl. us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and 411 Page 10 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 7/1112022 Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(c-)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAud it(c)dot.state.fl. us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. A. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 412 Page 11 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc711112022 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. 413 Page 12 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 7111/2022 d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: i. Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. h. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any Page 13 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ7/11/2022 subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, 415 Page 14 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 7111/2022 coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in 416 Page 15 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc7/11/2022 contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY Indian River County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: Name: Title: By: Name: John P. Krane, P.E. Title: Director of Transportation Development STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 417 Page 16 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 711+12022 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): This agreement provides for the department's participation in the agency's operational expenses using the State Block Grant funds for costs associated with the fixed route transit system. This funding provides fifty percent (50%) of the net operating cost of the public transportation services in the urbanized area of Vero Beach. B. Project Location (limits, city, county, map): Indian River County BOCC/Vero Beach, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Provide public bus transit services to people in the urbanized area within Martin County in accordance with the requirement of the state public transit block grant program procedure 725.030.020 and the provisions of this agreement D. Deliverable(s): 1) Submit a copy of the National Transit Data base (Section 5335) report, or FTA acknowledgement letter as soon as available. 2) Submit the performance measure report for approval as identified in Table A-1 (Required Performance Measure for Newspaper Publication) of FDOT Procedure 725-030-030 by September 15th of each year. 3) Submit the publisher's affidavit from the newspaper covering the transit service area. The affidavit must show that the performance measures as identified in Table A-1 (Required Performance Measure for Newspaper Publication) of FDOT Procedure 725-030-030 were published each year after the Department written approval. 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year. 5) Submit quarterly progress reports including ridership, goals, and milestones via TransCIP by logging into http://www2.transcip.com 6) Submit an invoice on the project at least every quarter. The agency shall upload a copy of the invoice in the format provided by the Department to TransCIP and email the original to D40MDID@dot.state.fl.us for processing. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 418 Page 17 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 7/11/2022 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $729,905 $0 Year Travel Number $0 $0 NA NA NA NA NA NA NA NA $0 $0 Total Financial Assistance Totals B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) * State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $729,905 $729,905 $0 $1,459,810 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $729,905 $729,905 $0 $1,459,810 * Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. Scope Code and/or Activity Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Marie Dorismond Department Grant Manager Name Signature Date 419 Page 18 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 7/11/2022 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 420 Page 19 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 7/11/2022 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 341.052, F.S. 2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreement. Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement. 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. 6. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. 7. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. 421 Page 20 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 711112022 b) A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl.us/faconline/chapterl4.pdf. 9. Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable: Bus Transit System — In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System (established) — In accordance with Section 341.061, F.S., the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System — This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Not Applicable. 10. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-0251), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316 and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Departmental programs. 11. Formula Information. As authorized in Section 341.052, F.S., the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into three equal portions. Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided; and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. -- End of Exhibit E -- 422 Page 21 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ 711112022 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. 423 Page 22 of 23 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc7Ntn022 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:— Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Block Grant Program CSFA Number: 55.010 *Award Amount: $1,459,810 *The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: haps://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https:Happs.fldfs.com/fsaa/compliance.aspx provided at: 424 Page 23 of 23 GRANT NAME: Florida Public Transportation Block Grant GRANT #: NA AMOUNT OF GRANT: $729,905 DEPARTMENT RECEIVING GRANT: Planning and Development Services (pass through to Senior Resource Association) CONTACT PERSON: Mark Vietze PHONE #: (772) 226-1222 1. How long is the grant for? Three Years Starting Date: June 30, 2027 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % Retirement Contributions 5. Grant match amount required: $ 729,905 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Worker's Compensation N/A Soc. Sec. Medicare Matching 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) 1 $ 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over three years? $729,905 First Year Grant Amount $729,905 Other Matching Costs $ Match $729,905 (County Match) Total $1,459,810 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year 1 $ $ $ $ 425 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 2023/24 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2023/24 Florida Public Transportation Block Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Public Transportation Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain FY 2023/24 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2023/24 Section 5307 grant application. 2. That the Indian River County Planning and Development Services Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2023/24 Public Transportation Block Grant. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss FACommunity Development\Users\MPO\Transit\Grants\Block\2024\bcc resolution.docx Page 14fA RESOLUTION NO. 2024 - The Chairman thereupon declared the Resolution duly passed and adopted this 23"d day of January, 2023. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Susan Adams, Chairman FACommunity Development\Users\MPO\Transit\Grants\Block\2024\bcc resolution.docx Page 2 411 8'A_D_ INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Acting Public Works Director Kirstin Leiendecker, P.E., Asst. Public Works Director FROM: Rob Skok, Infrastructure Project Manager SUBJECT: Amendment No. 2 to the Agreement for Professional Services for Emergency Operations Center Expansion, RFQ No. 2022062 (IRC -2302) DATE: January 5, 2024 DESCRIPTION AND CONDITIONS On January 17, 2023, the Board of County Commissioners entered into an Agreement with Donadio and Associates Architects, PA, A Spiezle Group Inc. (Spiezle), for a lump sum amount of $66,500.00, for the architectural design services for the expansion of current Emergency Operations Center (EOC). The expansion is contemplated to be a two-story (10,000 SF per floor, 20,000 SF Total) building located on the north side of the existing EOC. Amendment No. 1 to the agreement, approved by the Board on May 16, 2023, was to compensate Spiezle for updating the original survey and providing field exploration to provide subsurface data in the amount of $3,600.00, for a total agreement price of $70,100.00. The purpose of Amendment No. 2 is to compensate Spiezle for additional work needed to revise the Emergency Operations Center Expansion from the original 20,000 SF, 2 -story structure to a 10,000 SF, 1 - story structure. The current completed design plans will require additional time to revise the floor plans and elevations, structural and MEP/FP Narratives and project cost estimate. Spiezle has provided a lump sum quote of $14,375.00 to revise the architectural design. This will bring the total agreement to $84,475.00. FUNDING Funding, in the amount of $14,375, is budgeted and available in Impact Fees/Fire Services/Emergency Operations Center Expansion account (10312022-066510-20037). Account Name Account Number Amount Impact Fees/Fire Services/Emergency Operations Center Expansion 1 10312022-066510-20037 $14,375.00 RECOMMENDATION Staff recommends approving Amendment No. 2 to Agreement for Professional Services for Emergency Operations Center Expansion with Spiezle and requests the Board authorize the Chairman to execute Amendment No. 2 to the Agreement on their behalf for a lump sum amount of $14,375.00. The new total agreement price will be $84,475.00. 428 Page 2 43rd Avenue from 18th Street to 26th Street, IRC-2302—Amendment No.2 January 23, 2024 Meeting ATTACHMENT Amendment No. 2 with Donadio and Associates Architects, PA, A Spiezle Group Inc. AGENDA ITEM FOR JANUARY 23, 2024 429 C:\G rani cus\Leg istar5\L5\Temp\e 144dff2-Of6e-4040-bae9-bb47ab943d2e.docx INDIAN RIVER COUNTY DESIGN SERVICES FOR EMERGENCY OPERATIONS CENTER EXPANSION MASTER PLAN STUDY PHASE Project Number: IRC -2302 RFQ 2022062 AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT BETWEEN DONADIO AND ASSOCIATES ARCHITECTS, PA, A SPIEZLE GROUP INC. COMPANY AND INDIAN RIVER COUNTY, FLORIDA. This is an amendment to the existing Professional Services Agreement (AGREEMENT) dated January 17, 2023 between Donadio and Associates Architects, PA, A Spiezle Group Inc. Company (CONSULTANT) and Indian River County (COUNTY). This amendment addresses changes in "Section 5 — Compensation" of the AGREEMENT. Amendment Description This Amendment includes the following to revise the scope of work from original 20,000 sq. ft 2 -story structure to a 10,000 sq. ft. 1 -story structure: "SECTION 5 — COMPENSATION" is being modified to incorporate the following: Exhibit A: • Floor Plans and Elevations - $4,500.00 • Structure Narrative - $3,000.00 • MEP/FP Narrative - $2,500.00 • Cost Consultant - $4,375.00 Total Amendment No. 2 • $14,375.00 for total Agreement $84,475.00 (THE REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK) 1 of 2 F:\Public Works\ENGINEERING DIVISION PROJECTS\2302 EOC ExpansionA-Admin\Agenda Items\RFQ\Amendment 2\Revision 1\IRC- 2302_STFRPT_AMEND2_20240123_REV. docx 430 The AGREEMENT is hereby amended as specifically set forth herein. All other sections of the AGREEMENT shall remain in .full force and effect and are incorporated herein. This Amendment No. 2 to the AGREEMENT regardless of where executed, shall be governed by and construed by the laws of the State of Florida. In witness whereof the parties have executed this Amendment No. 2 this , 2024. CONSULTANT: DONADIO AND ASSOCIATES ARCHITECTS, PA, A SPIEZLE GROUP INC. COMPANY By: By: Print Name: Title: day of BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY Susan Adams, 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 2of2 jPage FAPublic Works\ENGINEERING DIVISION PROJECTS\2302 EOC Expansion\l-Admin\Agenda ItemsMQ\Amendment 2\Revision 1\IRC- 2302_STFRPT_AMEND2_20240123_REV.docx 431 DONADIO & ASSOCIATES ARCHITECTS PA A Spiezle Group Inc. Company December 21, 2023 TO: Indian River County Public Works Department Attn: Robert S. Skok - Infrastructure Project Manager -IRC Engineering RE: Amendment No. 2 to Agreement for Professional Services for Emergency Operations Center Expansion, RFQ No. 2022062 (IRC -2302) Dear Mr. Skok: The below additional service fees are based upon the request of Indian River County to revise the Emergency Operations Center Expansion Completed Master Plan Study from the original 20,000 sq. ft. 2- story structure scope of work to a 10,000 sq. ft. 1 - story structure. The revised scope of work for a 10,000 sq. ft. 1 — story structure will require additional time to revise the completed Floor Plans and Elevations, Structural and MEP/FP Narratives and Cost Estimate as follows: Floor Plans and Elevations — $ 4,500.00 Structure Narrative - $ 3,000.00 MEP/FP Narrative - $ 2,500.00 Cost Consultant - $ 4,375.00 Total Additional Service Fee $14,375.00 All other terms and conditions remain per the above referenced Agreement for Professional Services for the Emergency Operations Center Expansion. If you have any questions regarding this Amendment 2, please feel free to contact our Office. Once this Amendment 2 is approved, please return one copy to authorize commencement of this additional work. Sincerely, '40rlw" P, ve"4&0 Anthony J. Donadio AIA, NCARB Principal 20019th Avenue, Suite 308 1 Vero Beach FL 32960 1 Phone: 772.794.2929 1 Fax: 772.562.8600 Ucensa$MAR99546 6.A -F, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Acting Public Works Director Kirstin Leiendecker, P.E., Asst. Public Works Director FROM: Rob Skok, Infrastructure Project Manager SUBJECT: Change Order No. 1 11th Drive & 37th Street Roadway and Intersection Improvements IRC -2001 DATE: January 5, 2024 DESCRIPTION AND CONDITIONS On December 20, 2022 the Board of County Commissioners awarded Bid No. 2023009 to Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. (Dickerson Infrastructure, Inc.) in the amount of $3,478,155.50 to realign a portion of existing 11th Drive immediately south of 37th Street and through the 36th Court 4 -way stop. The project also includes construction of a new public road segment of 11th Drive north of 37th Street and improving the existing intersection of 11th Drive and 37th Street by installing a new mast arm traffic signal. A notice to proceed was issued on June 1, 2023 with a contract time of 270 days to final completion. Change Order No. 1 is to provide funding for street lighting poles and associated power supply that was not included as part of the original bid items. The plans showed light poles were to be installed and the Engineer of Record, MBV Engineering, Inc. (MBV) believed Florida Power & Light (FPL) would supply completed poles ready for installation. FPL does not own the poles that are within the road right-of-way of the Hospital District area. Work Order No. 1 with MBV, approved by the Board on August 29, 2023, provided for the lighting plan revisions. Dickerson Infrastructure, Inc., submitted a cost of $133,142.94 to furnish and install the complete lighting package per the revised plans. In addition, during excavation, a County owned 8" water main was unearthed that is in conflict with the proposed road design typical section and must be relocated. The relocation is further impacted by several existing valves that cannot be turned off and therefore a 6" line stop and isolation valve need to be installed to provide a shut off/by-pass point so the watermain can be relocated. Dickerson Infrastructure, Inc. submitted costs of $47,868.00 and $21,825.34 respectively for watermain relocation and line stop with isolation valve installation. A total of 120 days for Change Order No. 1 is being added to the contract time. Change Order No. 1 is an increase of $202,836.28 to the contract with Dickerson, resulting in a total contract price of $3,680,991.78. C:\G ra n icus\Legistar5\L5\Temp\bf9e991a-8d 76-40e3-964a-1944cde2a 9b4433 Page 2 11" Drivee & 37" Street Roadway and Intersection Improvements IRC -2001— Change Order No. 1 January 23, 2024 Meeting FUNDING Funding, in the amount of $202,836.28, forthis work is programmed into the 2023-2024 Capital Improvement Element to be presented to the Board of County Commissioners, and will be budgeted in Traffic Impact Fees 2020/District 2 Roads/Aviation Extension-US1 to 37th & 411t Streets account, number 10415241-066510-22010. Account Name Account Number Amount Traffic Impact Fees 2020/District 2 10415241-066510-22010 $202,836.28 Roads/Aviation Extension-US1 to 37th & 41St Streets RECOMMENDATION Staff recommends approving Change Order No. 1 authorizing the $202,836.28 increase to the contract with Dickerson Infrastructure, Inc. The new total contract price will be $3,680,991.78. ATTACHMENTS Change Order No. 1 AGENDA ITEM FOR JANUARY 23, 2024 434 C:\Gra nicus\Legistar5\L5\Tem p\bf9e991a-8d76-40e3-964a-1944cd e2a9b4.doc IRC -2001 SECTION 00942 — Change Order Form No. 1 DATE OF ISSUANCE: 1/23/2024 EFFECTIVE DATE: 1/23/2024 OWNER: Indian River County CONTRACTOR Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. Project: 11TH DRIVE & 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS OWNER's Project No. IRC -2001 OWNER'S Bid No. 2023009 You are directed to make the following changes in the Contract Documents: Description: Furnish and Install light poles and all associated items per lighting plans dated 11/6/23, install a 6" line stop with an isolation valve, remove segment of existing 8" water main in conflict by elevation with new proposed road, reconstruct a new 8" watermain at a depth to satisfy proper cover requirements of Utility Department minimum standards. Reason for Change Order: This change order provides full compensation and time to the Contractor for all work, materials, and labor as detailed above. Attachments: Lighting Plans signed dated 11/6/23 Contractor Quote No. 5 dated 10/26/2023 - 8" County watermain relocation $47,868.00 Contractor Quote No. 1 dated 12/21/2023 — lighting $133,142.94 Contractor Quote No. 6 dated 12/19/2023 - line stop and isolation valve $21,825.34 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $3,478,155.50 Net increase of this Change Order: $202,836.28 Contract Price with all approved Change Orders: $3,680,991.78 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 240 Final Completion: 270 Net increase this Change Order: (days) Substantial Completion: 120 days Final Completion: 120 days Contract Time with all approved Change Orders: (days) Substantial Completion: 360 Final Completion: 390 RECOMMENDED: By: PROJECT MANAGER (Signature) Date: APPROVED: By:I OWNER (Signature) Date: Change Order Form — 00942 FAPublic Works\ENGINEERING DIVISION PROJECTS0001 11th or and 37th St Intersection Improvements\7-Admin\Agenda Items\Change Orders\CO1\IRC-2001_C01_2 A !i.docx December 21, 2023 Mr. Robert S. Skok Infrastructure Project Manager, IRC Engineering IRC Engineering 1801 27th Street Vero Beach. FL. 32960-3388 RE: 11th Drive & 37th Street Roadway and Intersection Improvements Project No. IRC -2001 Vero Beach, Florida Change Order Proposal #1 revised Subject: Proposal for revised lighting plans per WCD #1. DIFRSr FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP, INC. PO Box 910 Fort Pierce, FL 34954-0910 phone 772-429-4444 fax 772-429-4445 Note: Subcontractor proposal attached. Lead time on light pole procurement is 18 weeks. Sincerely, Dickerson FL, Inc. Jci-*v L V Lvov c k,, John L. Pluswick 436 ITEM NO. DESCRIPTION QTY UNIT I UNIT PRICE TOTAL Delete Contract Items: 0715450 Li ht pole complete, install 8 EA $5,000.00 ($40,000.00) Add Contract Items: 0630211 Conduit, F&I, open trench 110 LF $17.00 $1,870.00 0630212 Lighting Conduit, F&I, directional bore 735 LF $15.86 $11,657.10 0635 2 11 ILighting pull & splice box, F&I, 13" x 24" cover size 9 EA $2,035.95 $18,323.55 06391 122 Electrical power service, F&I, underground, meter purchase by contractor 1 AMBY $5,429.55 $5,429.55 0715 1 12 Lighting conductors, F&I, insulated, no. 8 - 6 5367 LF $2.52 $13,524.84 0715413 Light pole complete, F&I, standard pole, standard foundation, 40' mounting height 8 EA $11,610.90 $92,887.20 0715 500 1 Pole cable distribution system, conventional 8 EA $828.45 $6,627.60 0715711 Load center, F&I, secondary voltage 1 EA $16,823.10 $16,823.10 101-1 Added prime contractor supervision w/pickup 10 DAYS $600.00 $6,000.00 Total $133,142.94 Note: Subcontractor proposal attached. Lead time on light pole procurement is 18 weeks. Sincerely, Dickerson FL, Inc. Jci-*v L V Lvov c k,, John L. Pluswick 436 To: Dickerson Florida, Inc. Contact: Rick Forlifer Address: 3340 Southeast Dixie Highway Phone: (772) 429-4444 $1,939.00 Stuart, FL 34995 Fax: 1(772) 429-4445 Project Name: 23015000-03 Indian River Co. 11th Drive And 37th St - Lighting Bid Number: 2023009 Project Location: 11th Drive And 37th Street, Gifford, FL Bid Date: 12/18/2023 Item # Item Description Estimated Quantity Unit Unit Price Total Price 1. Overrun/Underrun Contract Items 0630 211 CONDUIT, F&I, OPEN TRENCH 110.00 LF $15.00 $1,650.00 0715 450 LIGHT POLE COMPLETE, INSTALL -8.00 EACH $4,607.00 ($36,856.00) Total Price for above 1. Overrun/Underrun Contract Items Items: ($35,206.00) 2. New Items 0630 2 12 CONDUIT, F&I, DIRECTIONAL BORE 735.00 LF $15.10 $11,098.50 0635 2 11 PULL & SPLICE BOX, F&I, 13" X 24" COVER SIZE 9.00 EACH $1,939.00 $17,451.00 0639 1 122 ELECTRICAL POWER SERVICE, F&I, UNDERGROUND, 1.00 AMBY $5,171.00 $5,171.00 METER PURCHASED BY CONTRACTOR 0715 1 12 LIGHTING CONDUCTORS, F&I, INSULATED, NO.8 - 6 5,367.00 LF $2.40 $12,880.80 0715 413 LIGHT POLE COMPLETE, F&I STANDARD POLE STANDARD 8.00 EACH $11,058.00 $88,464.00 FOUNDATION, 40' MOUNTING HEIGHT 0715 500 1 POLE CABLE DISTRIBUTION SYSTEM, CONVENTIONAL 8.00 EACH $789.00 $6,312.00 0715 7 11 LOAD CENTER, F&I, SECONDARY VOLTAGE 1.00 EACH $16,022.00 $16,022.00 Total Price for above 2. New Items Items: $157,399.30 Total Bid Price: $122,193.30 Notes: This proposal is a unit price proposal. The total sum is an approximate sum based on the estimated quantities on the attached proposal (which is an integral part of this proposal) at the unit prices depicted thereon. The final contract amount of any contract resulting from this proposal shall be based on the quantities actually installed and field verified by the Owner's architect/engineer at these unit prices. Our price includes Insurance. All work is guaranteed to be installed in accordance with the latest applicable Code regulations, and to be free from mechanical and electrical defects for one year from the date of acceptance. All Maintenance of Traffic shall be provided by others. No items quoted herein may be "broken out" without prior approval in writing. • All survey & layout work is to be performed by others. This proposal is valid for thirty (30) days from bid date. All QC managers, plans or testing (if required) shall be provided by others and is not included in this proposal. • Asphalt, Concrete Sidewalk and Sodding removal and placement shall be provided by others. • Electrical permit fees included in this proposal for electrical services associated with TCD work only. All other permits or fees shall be provided by others. • Per Section 611-2.3 (As -Built Drawings) of the FOOT Standard Specifications for Road and Bridge Construction, we have included the cost of providing the as -built plans for the signalization portion of the work. However, we are excluding the cost to sign & seal these as -built drawings. The cost to sign & seal the as -built drawings, as well as all required survey, shall be the responsibility of the General Contractor. • This proposal is based on TCD be allowed to perform all drilled shaft installations during the daytime hours. We have not included any concrete plant opening fees. If drilled shafts need to be installed after hours, there will be an additional charge for the concrete plant opening fees. • TCD reserves the right to negotiate mutually agreeable terms and conditions before entering in to an agreement. 12/18/2023 9:11:15 AM 43 Rage 1 of 2 Based upon a review of the bid documents, TCD provides notice that some of the materials required to perform the Work are subject to extraordinary industry -wide delays, up to one year for delivery in some cases, which may impact the scheduled completion date for the Work. TCD will therefore not accept liability for delay or cost escalation arising from the untimely delivery of materials for the project. Payment Terms: Payments are to be made to us by the tenth day of the month for all work installed and materials placed on the job site during the preceding month. Final Payment including retainage, if any, will be due not more than thirty (30) days after completion and acceptance of the work. Any contract resulting from this proposal shall be on the terms and conditions mutually acceptable to the Purchaser and Traffic Control Devices, LLC ACCEPTED: CONFIRMED: The above prices, specifications and conditions are satisfactory Traffic Control Devices, LLC and hereby accepted. Buyer: Signature: Authorized Signature: Date of Acceptance: Estimator: Doug Burch (407) 869-5300 d.burch@tcd-usa.com 12/18/2023 9:11:15 AM 43 gage 2 of 2 December 19, 2023 Mr. Robert S. Skok Infrastructure Project Manager, IRC Engineering IRC Engineering 1801 27th Street Vero Beach, FL. 32960-3388 RE: 11th Drive & 37th Street Roadway and Intersection Improvements Project No. IRC -2001 Vero Beach. Florida DICKERSON FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP, INC. PO Box 910 Fort Pierce, FL 34954-0910 phone 772-429-4444 fax 772-429-4445 Change Order Proposal #6 Subject: Proposal for providing and installing 6" line stop and 6" isolation valve. Note: Subcontractor proposal attached. Request 5 working days of contract time. Sincerely, Dickerson FL, Inc. John L. Pluswick 439 ITEM NO. I DESCRIPTION QTY I UNIT I UNIT PRICE TOTAL 1 Prime contractor supervision superintendent w/ pickup 2 Da s $600.00 $1,200.00 2 6" Line stope and isolation valve 1 LS $20,625.34 $20,625.34 Total 1 LS $21,825.34 Note: Subcontractor proposal attached. Request 5 working days of contract time. Sincerely, Dickerson FL, Inc. John L. Pluswick 439 Sheltra & Sons Contracting, LLC � 6655 49TH St. Vero Beach, FL 32967 I Name /Address I Dickerson of Florida PO Box 910 Ft. Pierce, Florida 34954 Proposal Date Estimate # 12/19/2023 23 -435 -ES Project 11th and 37th Street Improvements Item Description Qty I U/M Rate Total Scope: Furnish material, labor and equipment for installation of a 6" line stop and 6" isolation valve North of the 34"x 53" RCP culvert as shown on sheet No 29 IRCD from Stanton PE. dated 10/03/2022 Please note that there will be additional charges or a change order if any conflicts are found in the field. 1 16" Line Stop I 1 I EA 2 6" Isolation Valve 1 EA Notes: Survey layout and as-builts by others All testing by others All permits by others Contractor not responsible for placement or disposal of un -suitable material Grand Total Accepted By: 5,743.181 15,743.18 3,900.00 3,900.00 $19,643.18 October 26, 2023 Mr. Robert S. Skok Infrastructure Project Manager, IRC Engineering IRC Engineering 1801 27th Street Vero Beach, FL. 32960-3388 RE: 11 th Drive & 37th Street Roadway and Intersection Improvements Project No. IRC -2001 Vero Beach, Florida DICKERSON FLORIDA, INC. A COMPANY OF THE DICKERSON GROUP, INC. PO Box 910 Fort Pierce, FL 34954-0910 phone 772-429-4444 fax 772-429-4445 Change Order Proposal #5 Subject: Proposal for deflecting watermain for drainage and subgrade conflicts. Note: Subcontractor proposal attached. Requires 6 working days of contract time. Sincerely, Dickerson FL, Inc. 441 ITEM NO. DESCRIPTION QTY UNIT UNIT PRICE TOTAL 1 Waterline relocation with testing see attached 1 LS $44,268.00 $44,268.00 2 Prime contractor supervision (superintendent w/ pickup 6 Days $600.00 $3,600.00 Total 7 LS $47,868.00 Note: Subcontractor proposal attached. Requires 6 working days of contract time. Sincerely, Dickerson FL, Inc. 441 sFi u.'RA&SONS CONTRACTOR: CHANGE ORDER 5 Date 10/26/2023 Sheltra & Sons Contracting 6655 49th St Vero Beach, Florida 32967 Dickerson Florida, INC P.O. Box 910 Fort Pierce FL 34946 Scope: Do to unforseen existing conflicts in the field. CONTRACT CONTRACT Item DESCRIPTION CITY UNIT RATE AMOUNT CO.CONTRACT . AMOUNT DIFFERENCE Tie into existing 8" watermain 1 LS $ 3,225.00 $ 3,225.00 8" C-900 PVC 263 LF $ 86.35 $ 22,710.05 8" MJ G/V 3 EA $ 3,175.00 $ 9,525.00 8" MJ 45 degree bends 2 EA $ 890.00 $ 1,780.00 2" Jumper 1 EA $ 3,500.00 $ 3,500.00 8" MJ Megalugs 1 LS $ 970.00 $ 970.00 Pressure Testing 1 LS $ 450.00 $ 450.00 CH Line Contract Item Total $ Change Order Total 1 $ 42,160.05 Note: This Change Order becomes part of and in conformance with the existing contract. Change Order Item Total $ 42,160.05 Your Name, Title Date Contract Item Total $ - WE AGREE hereby to make the change(s) specified above at this price $ 42,160.05 Accepted - The above prices and specifications of this change order Signature Date of Acceptance 442 MOM IvardLim +. ® auu L,)atoxa Iz! � s a�� a -HaS 3 Egggm.ar s z�@ �aasam W a=�F�g ;offs; YmF IN � �3•..1eaff >gmo a ; H 9gsI E a'e sj a Wim a W Pia` mks b b« &°tea mua €� OR �f a, 4 ��:W` � e �� � � �� ix• � m"J Ws< a PHI: P 3!1 kugg PH NAM M a m o€ x2ail � �f€ ea F gRme ;dam O FAS i ,- a a � a smg a��e�@s <�"4€"� €`a age g� tY3c k ff� g�� :� s� gig jTs�a�€a�=�� a= =saeta =zea ffa��W nark �s �� gym: €-o �W gp xl�ba=gym" R mu£ mC�iSm�iCa�i48� 5og,�9'3�5� =H -F BE. 115 thu 5.16 R it 6� Y w wr ® $7.II.I.,L73[011d J � � f NY'IdOnLIHWQLOHd •s+ 3 f r1 9--A- F. Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: January 10, 2024 To: 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: Michael Loveday, Wastewater Superintendent Subject: Final Pay to Atlantic Roofing II of Vero Beach, Inc., for the Central Wastewater Treatment Facility Roof Replacement Project Descriptions and Conditions: In May of 2018, Indian River County Department of Public Works contracted REI Engineers, Inc. (REI) to provide professional engineering services for the Central Wastewater Treatment Facility (CWWTF) Roof Replacement Project on behalf of Indian River County Department of Utility Services. REI was issued Work Order (WO) No. 7 to provide design, bid and construction phase services for the project. On June 4, 2019 the Indian River County (IRC) Board of County Commissioners (BCC) approved WO No. 7. With REI's assistance, the project was put out for bid (Bid # 2022041). Of the responsive bids received, Atlantic Roofing II of Vero Beach Inc., (Atlantic) provided the lowest cost responsive bid in the amount $527,672.00. Bid #2022041 was awarded to Atlantic at the November 8, 2022, IRC BCC meeting. Once work commenced on the project additional damages not originally assessed in the project were discovered. Atlantic completed a quotation for the additional work and REI agreed with the proposal for a change directive in the amount of $47,301.00. Change Directive No. 1 to WO No. 7 was approved at the May 2, 2023, IRC BCC meeting. An accounting error was also discovered in Atlantic's original proposal where line item number 7, "replace deteriorated wood blocking', in the amount of $1,950.00 was left out of the total. Change Order No. 1 to in the amount of $1,950.00 was approved by County Administrator, John Titkanich on December 8, 2023 to adjust for the accounting error. Analysis: REI has recommended approval for the final payment. Atlantic has received $548,076.85 for the project to date. Payment Application No. 9, in the amount of $28,846.15, will complete IRCDUS' obligation to Atlantic for the Central WWTF Roof Replacement Project and all change orders and directives to the project in the amount of $576,923.00. 447 Consent Item Funding: Expenses, in the amount of $28,846.15, for the final payment will be derived from the Utilities/Retainage/Central WWTF Roof Replacement/Retainage — Atlantic Roofing II account, number 471-206000-18519. Utilities operating funds are generated from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Utilities/Retainage/Central WWTF Roof 471-206000-18519 $28,846.15 Replacement/Retainage—Atlantic Roofing II Recommendation: Staff recommends that the Board of County Commissioners approve the final to Atlantic Roofing II of Vero Beach, Inc., for a total of $28,846.15. Attachments: Pay Application No. 9 —Atlantic Roofing II of Vero Beach, Inc. — WIP 18519 448 H N rn CL aD ID F O c O m Cl) m a. 0 U r c+J m � ami � o c c a LU U C2 G N N co J cn LL U L = � rn m v a) m Q O LoQ c+) > 1 Z W IL w 0 W a U. V � CD W 4-- CMJ U o M ULL Q > L = U LC N N Z c CO Qm o 0 F— c aD > V J a a Q F a U m O a) m O Q' o U > n o rn J -�;a. a o � LL Q o== N � � m =C) 0 O Q v > V 1— Z o O LL U 0 0 0 0CQ Z 0 0 co m qM cm C � to ONE ai a co co cp 6e &I, W3. ca N c 10 VI U Lu E co ui c m a 0 0 • O p E w a0 D 00 SCD w Q0 z CD c�) + O Q F- to (� U. Q W w Q O Z ir O^ Y p- O to N Z ~ O Cy Q W W O Ci O O a) c a C U a N C Q f g p e6 O w l O v 0 !n N �o p a N LL N a U Or W QC 'D C a U W N W m Z in Z m= J E 2 U O C c W aI 2 J LL N C f o cii o c o m m z c O as p C c Q a Q O U a o U o U H w V w Z W y U 0 w 0 0 w H w a D co O Z U /- d' p a r fV 1•'S V to 1p t` W 01 Z O U Q W Q 00 0 0 0 0 z C. oM O Cl) ti H � Q Q Q O N C. 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L a ^a o d:mcdCidc3dddCidO R L C O r� w3 � AU.; PIK C a C4 7 i a It a oe p =A4 :2s •r G1 '9 0 tn et 0,It\-Ci Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: December 27, 2023 To: John A. Titkanich, Jr., County Administrator From: Sean C. Lieske, Director of Utility Services Through: Howard G. Richards, PE, Capital Projects Manager, Utility Services Prepared by: Harrison D. Youngblood, PE, Utilities Engineer, Utility Services Subject: Amendment No.1 to Work Order No.8 to Bowman Consulting Group, LTD for Revisions to the Department of Utility Services Water, Wastewater & Reuse Utility Construction Standards Background: On September 13, 2022, the Indian River County Board of County Commissioners (BCC) approved Work Order No. 8 to Bowman Consulting Group, LTD (Bowman), to update and incorporate new utility standard construction details for Indian River County Department of Utility Services (IRCDUS), Water, Wastewater & Reuse Utility Construction Standards (Standards). Analysis: During the course of revising the Standards, it was deemed necessary by IRCDUS staff to update certain portions of the Standards related to lift stations including bonding ring grounding and as-built/record drawing submittals. The proposed lift station revisions will include above -ground and pump -out piping, grounding revisions, control panel configuration, overhead lighting, and changes to other appurtenances. Bowman will provide for the review of the proposed bonding ring by an electrical subconsultant, C&W Engineering. The subconsultant will compare the proposed bonding ring to NEC Article 250 grounding requirements and provide recommendations with respect to personnel safety and surge, dip, and spike protection for incorporation into the Standards. IRCDUS wishes to streamline the process of incorporating as -built data, received in hard copy format from developers and contractors, into its Geographic Information System (GIS). Bowman will query other utilities in the Central Florida area to determine their submittal requirements. Bowman's GIS staff will recommend data format requirements, and the findings will be presented in a technical memorandum with a draft revised copy of the As -Built Record Drawing sheet (M-16) for the Standards. Bowman submitted Amendment No. 1 to Work Order No. 8 for the above-described additional revisions to the Standards for $26,956.92. PageA c 1 Funding: Funds in the amount of $26,956.92 for this project are budgeted in Fiscal Year 2023/2024 in the Utilities/General & Engineering/Other Professional Services account, number 47123536-033190, in the Utilities Operating Fund. Utilities operating funds are derived from water and sewer sales. Description I Account Number Amount Utilities/General & Engineering/Other Professional Services 47123536-033190 $26,956.92 Recommendation: Staff recommends that the Board of County Commissioners authorize Amendment No. 1 to Work Order No. 8 to Bowman Consulting Group, LTD, for additional revisions for the Department of Utility Services Water, Wastewater & Reuse Utility Construction Standards for $26,956.92 and authorize the Chairman to execute the same. So long as there are no changes in the dollar amount under the Work Order as amended, upon adequate completion of the work set forth in the Work Order, staff is directed to make final payment and release any retainage to Bowman Consulting Group, LTD, after review and approval by the Purchasing Manager and the County Attorney's Office. Attachment: Bowman Amendment No. 1 Work Order No. 8 Page 2 of 2 452 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR Construction Standards (Project Name) This Amendment t to Work Order Number s 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 ("COUNTY") and Bowman Consulting Group, LTD. ("Consultant'). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number s , with an Effective Date of September 13. 2022 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 By: Pri Name: John M./7�46oyer, P.E. Title: Senior Project Manager By: Susan Adams, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: Approved as to form and legal sufficiency: Scope, thresholds and amendment number confirmed by: John A. Titkanich, Jr., County Administrator K. Keith Jackman, Assistant County Attorney Purchasing 453 CCNA2021 WORK ORDER 8 Addendum 1 Bowman Consulting Group, LTD. EXHIBIT A - SCOPE OF WORK Bowman Consulting Group Ltd. (Bowman) is pleased to submit this amended scope of professional engineering services to Indian River County Department of Utility Services (IRCDUS) for additional revisions to their Standard Construction Details and Specifications. The requested additional revisions to the lift station details not included under Work Order 8 of the April 2018 Agreement. IRCDUS has also requested recommendations on as -built submittals. SCOPE OF SERVICES The following services are proposed: Task A — Lift Station Details & Specifications Revise the lift station details in accordance with discussion with IRCDUS Staff. The proposed revisions will include above -ground valve piping, pump -out piping, bonding ring, control panel configuration, overhead light, and other appurtenances. The revised drawings will be re -numbered with reference to the replaced drawing number. As part of this task a summary of the lift station revisions will be provided to include anticipated costs. Task B — Bonding Ring Review Bowman will provide for the review of the proposed bonding ring by an Electrical Engineer (C&W Engineering). The Electrical Engineer will compare the proposed bonding ring to NEC Article 250 grounding requirements and make recommendations with respect to personnel safety and surge, dip, and spike protection. The Electrical Engineer's review and recommendations will be in the form of a brief report including a 90% draft and 100% final submittal. Task C — As -Built Submittal Recommendation IRCDUS wishes to streamline the process of incorporating as -built data received in hard copy format from developers and contractors into its Geographic Information System (GIS). Bowman will query other utilities in the Central Florida area to determine their submittal requirements. Bowman GIS staff will recommend data format requirements. Our findings and recommendations will be presented in a memorandum -style report with a draft revised copy of Standard Drawing M-16. SERVICES NOT INCLUDED This work order is limited to the above Scope of Services, but additional services may be provided at the request of IRCDUS and within the services provided by Bowman. Additional services shall require written mutual authorization prior to initiation. 454 CCNA2021 WORK ORDER 8 Addendum 1 Bowman Consulting Group, LTD. EXHIBIT B — FEE SCHEDULE COMPENSATION All services described in the Scope of Work shall be billed Lump Sum according to the breakdown below. Invoices will be submitted monthly commensurate with progress for each task. IRCDUS Standard Construction Details & Specifications Update Task A —Lift Station Details & Specifications: $ 13,568.54 Task B — Bonding Ring Review: $ 1,760.00 sk C — As -Built Submittal Recommendations: Total Work Order: $ 26,956.92 EXHIBIT C — TIME SCHEDULE The services described in this Work Order shall commence upon Notice to Proceed (NTP). Bowman anticipates completing both tasks within 90 days of NTP. 455 IDA -I. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A Titkanich, Jr., County Administrator PREPARED BY: Chris Balter, Chief, Long Range Planning DATE: January 17, 2024 SUBJECT: County Initiated Request to Amend the 5 -Year Capital Improvements Program and the Capital Improvements Element of the Comprehensive Plan for the Period of FY 2023/24-2027/28 BACKGROUND: Staff has prepared the necessary notices and newspaper advertisements for the public hearing for the County Initiated Request to Amend the 5 -Year Capital Improvements Program and the Capital Improvements Element (CIE) of the Comprehensive Plan for the Period of FY 2023/24-2027/28. The Public Hearing was advertised in the Indian River County Press Journal on January 07, 2024, setting the date for the public hearing on the CIE for January 23, 2024. Additional time is needed to complete the CIE, and staff is requesting the Board to take up the matter at its next regularly scheduled meeting on February 6, 2024. FUNDING: Due to the recent change in Florida Statutes, re -advertisement of the notice of public hearing is not necessary so there is no impact to County funds by continuing this matter. RECOMMENDATION: It is requested that the Board of County Commissioners, at its regular meeting on January 23, 2024, open the public hearing, receive public comments, if any, and continue the public hearing until February 6, 2024. 1 456 STAYS OF 'WISCONSIN, COUNTY OF SROWN Before the undersigned authority personally appears ,tV*00 on oath says that -del ,say" she is the t"al Advertising RepresentatIftO Oe Ind46AviffIress JownOM Uic*, News.Tpbut:New, published,10 India n - River* We/Martin Counties, fk#Wk- that the attached .copy of. advertisement, being a LeggAd in the matter of Bids & Proposals, was published oruslie publicly accessible *Mbsites of Indian River/St lacie/A01ortin,Coopift ,Florida, — win anmpapet bypoint!in Ow Issuesofow Affient Nrther saysVia tbowebsft or ft%Vaper:cmplies with all legal requiremenIts for pubilicadon in chapter SO, Fwft Stamm, Sobscribed an4 swan to balm ov, by the too dot*, who b person* krowin to mer on 01/0712 024 KAITLYN FELTY N*t*r,y Pubtfio, of wiscorm, -t C - 1,23.24 10. A,1. hearinV to of o county I the text of the i. at its requIor i3y, January 23, 1„ or as Soon ffu~ may be my Cornmisslon y Adminkiratilorl Do at IIII1011 Mh florida, matters ;ted acted J'Os ore invited to �' . i -once OV INDIAN FLORIDA. XrT OF THE PLAN'S IMEMENTS , 0, Z. AND ed In Ilk �2 . an at the Public t*orf". 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 15 MADE. WHICH INCLUDES THE TESTIMONY AND EVIOE14CE UPON WHICH THE APPEAL IS BASE 0 ANYONE WHO NEEDS A SPECIAL kTOR AT Qn) 2246-1223 ,ST 4 HOURS JN OF THE MEETING, IVER COUNTY Of couxtyl ONFIn- - I 00w, I of 1 William K DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K Keith Jackman, Assistant County Attorney (Or A, 2. Of Ce Of Public Hearings January 23, 2024 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, County Attorney DATE: January 12, 2024 SUBJECT: Biosolids Moratorium Extension Ordinance - LEGISLATIVE BACKGROUND. Class B biosolids are solid, semi-solid, or liquid materials resulting from the partial and incomplete treatment of domestic sewage sludge from sewage treatment facilities. Prior to the Board of County Commissioners (Board) outlawing the practice, Class B biosolids were being land applied in western Indian River County on properties near waterbodies such as Blue Cypress Lake. Class B biosolids contain phosphorus and nitrogen, which promote algae blooms in surrounding estuaries and watersheds. There is evidence of significant increases in phosphorus and nitrogen and incidences of harmful and potentially toxic algae blooms in Blue Cypress Lake. Blue Cypress is the first lake along the St. Johns River and is classified by the Florida Department of Environmental Protection as a Class I surface water and is designated for use for potable water supplies. There appears to be a correlation between the increases of nutrients in Blue Cypress Lake and the land application of biosolids. It is important to note that per Florida Statute, the land application of Class B biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as a cheap alternative for the disposal and land application of Class B biosolids generated in South Florida. On July 17, 2018, the Indian River County Board of County Commissioners (the "Board") approved an ordinance establishing a 180 -day temporary moratorium on all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, except where determined to be inconsistent with or preempted by state law or regulation. Additionally, the moratorium is imposed upon the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. The moratorium on transportation does not apply to currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill. Finally, under the ordinance, the County Administrator is directed to coordinate with the Florida Department of Environmental Protection and study in depth and report his findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect. 457 Biosolids Moratorium Ordinance January 12, 2024 Page 2 On January 8, on the land application of Class B biosolids 2019, the Board approved an ordinance extending the moratorium for an additional 180 -day period. The moratorium was again extended by the Board on June 18, 2019, December 10, 2019, June 16, 2020, November 10, 2020, December 14, 2021, December 13, 2022, and will expire on January 1, 2024. During the 2019 legislative session, the Florida Legislature passed HB 829, which contained language that protected the ability of a county to continue to enforce or extend an ordinance, regulation, resolution, rule, moratorium, or policy adopted before February 1, 2019, relating to the land application of Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed or until the effective date of the rules adopted by FDEP, whichever occurs first. In the 2020 legislative session, the Florida Legislature passed SB 712, which states that "[a] municipality or county may enforce or extend a local ordinance, regulation, resolution, rule, moratorium, or policy, any of which was adopted before November 1, 2019, relating to the land application of Class A or Class B biosolids until the ordinance, regulation, resolution, rule, moratorium, or policy is repealed by the municipality or county." Thus, the County Attorney's Office is presenting to the Board another moratorium ordinance consistent with SB 712, which will extend the moratorium to January 1, 2025. FUNDING. The cost of publication of the required public notice for the public hearing was $159.03. The cost was funded from the County Attorney's Office budget within the General Fund (account number 00 1102140349 10). RECOMMENDATION. The County Attorney's Office recommends that after the public hearing the Board vote to approve the proposed ordinance. ATTACHMENT(S). Proposed Biosolids Moratorium Ordinance 458 ORDINANCE NO. 2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII, Section 1 of the Florida Constitution and Chapter 125, Florida Statutes, counties have broad home rule powers to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county; and WHEREAS, the Indian River County Board of County Commissioners ("Board") specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County; and WHEREAS, Class B biosolids (Biosolids) are solid, semi-solid, or liquid materials resulting from the incomplete treatment of domestic wastewater sludge from wastewater treatment facilities that contain excessive amounts of nutrients such as phosphorus and nitrogen; and WHEREAS, repeated application of Biosolids cause phosphorus and nitrogen pollution to surrounding estuaries and watersheds, as phosphorus and nitrogen promote algal blooms, fuel growth of noxious vegetation, and replace the unique natural ecosystem with one which is undesirable to humans and native wildlife; and WHEREAS, the Board finds that the proper regulation of the land application of Biosolids is necessary and appropriate to guide the future use, development, and protection of the land and natural resources in the unincorporated areas of Indian River County and within drainage areas potentially affecting conservation lands and the Indian River Lagoon; and WHEREAS, the land application activities of Biosolids were being conducted on property in Indian River County, in areas near waterbodies such as Blue Cypress Lake; and WHEREAS, Blue Cypress Lake, the first lake along the St. Johns River, is classified by the Florida Department of Environmental Protection as a Class I surface water with a designated use for potable water supplies; and 459 ORDINANCE NO. 2024 - WHEREAS, in 2018 there were blue green algae blooms (Mycrosystis) at Blue Cypress Lake; and WHEREAS, Jones Edmunds Associates, after analyzing historic St. Johns River Water Management District data, identified a relationship between the increase in land applied Biosolids in the Blue Cypress Lake watershed and an increase in phosphorus levels in Blue Cypress Lake; and WHEREAS, on November 29, 2018 at the Florida Department of Environmental Protection Biosolids Technical Advisory Committee, the St. Johns River Water Management District staff presented information that showed a clear correlation of increased phosphorus levels where land applied Biosolids were spread at FDEP permitted sites within the Upper St. Johns River basin; and WHEREAS, the land application of Biosolids has been restricted in neighboring counties and ecosystems to the south, such as the St. Lucie River watershed and the Lake Okeechobee watershed, leaving Blue Cypress Lake and the St. Johns River watershed as the cheapest alternative for the disposal and land application of Biosolids generated in South Florida; and WHEREAS, in 2017, 73% of all the land applied Biosolids were spread in Indian River, Osceola and Brevard Counties; and WHEREAS, adding to the present nutrient loading in the St. Johns River Basin may further inflict damage to the health, safety, and welfare of humans and wildlife in Indian River County and the State of Florida; and WHEREAS, Indian River County has existing zoning regulations pertaining to the practice of "sludge spreading" as provided in Chapter 971.08(10) of the Indian River County Code with codified criteria for sludge spreading such as designated setbacks, reporting requirements, and the need for obtaining approvals; and WHEREAS, however, the existing Indian River County requirements do not provide for regulatory setbacks or for mandatory distances of Biosolids from waterbodies; and WHEREAS, on July 17, 2018, the Board determined that a temporary moratorium of 180 days was needed to study the effects that the disposal and land application of Biosolids has on the water resources of Indian River County and to protect water quality in the St. Johns River watershed, Blue Cypress Lake, and surrounding water bodies, from adverse impacts potentially caused by the land application of Biosolids; and WHEREAS, County staff had met with owners of properties currently permitted through the Florida Department of Environmental Protection to land apply Biosolids and such owners indicated a good faith willingness to voluntarily cease Biosolids land application activities for the duration of the 180 -day moratorium; and 460 ORDINANCE NO. 2024 - WHEREAS, the Board has approved ordinances extending the temporary moratorium on land application of Biosolids activities, which moratorium will expire on January 1, 2024; and WHEREAS, per section 403.0855, Florida Statutes, Indian River County is authorized to enforce and extend such moratorium; and WHEREAS, the purpose of this ordinance is to extend the temporary moratorium on land application of Biosolids activities, as defined herein, for an additional 1 year, beginning January 1, 2024, except where such regulation of such activities is determined to be preempted to the state, for a period of time reasonably necessary for Indian River County to coordinate with the Florida Department of Environmental Protection and investigate the impacts of land application activities upon the public health, safety, and welfare, to promulgate reasonable regulations relating to such activities if deemed advisable by the Board, and to assess their impact to Indian River County; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Recitals Adopted Each of the recitals set forth above is hereby adopted, re -adopted and incorporated herein. Section 2. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Board specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 3. Temporary Moratorium. Beginning on the effective date of this ordinance and continuing for a period of 1 year, or less if provided by an ordinance by the Indian River County Board of County Commissioners, a moratorium is hereby imposed and extended upon all properties within the unincorporated areas of Indian River County involved in land application of Class B biosolids, beginning January 1, 2024, except where determined to be inconsistent with or preempted by state law or regulation or for testing per section 5 below as approved by the Florida Department of Environmental Protection. In addition, the moratorium is hereby imposed and extended upon all transportation activities by any person or entity that is engaged in the transportation of Class B biosolids for land application within Indian River County, except where determined to be inconsistent with or preempted by state law or regulation. All currently approved septage/grease haulers as well as Indian River County contracted haulers of domestic wastewater sludge for treatment at the Indian River County Residual Dewatering Facility and disposal at the Indian River County landfill are not transporting Class B biosolids for land application purposes and thus are not affected by this ordinance or moratorium. 461 ORDINANCE NO. 2024 - Section 4. Expiration of Temnorary Moratorium. The temporary moratorium imposed by Section 3 of this ordinance expires 1 year from the moratorium effective date set forth in this ordinance, January 1, 2025. The moratorium may be extended or terminated early by adoption of an ordinance or resolution of the Indian River County Board of County Commissioners. Section 5. Study of Class B Biosolids. The Indian River County Board of County Commissioners directs the County Administrator to continue to coordinate with the Florida Department of Environmental Protection and the St. Johns River Water Management District and to continue to study in depth and report findings of and any recommendations concerning Class B biosolids land application activities and its potential adverse effect within 1 year after the effective date as set forth in this ordinance. Section 6. Exhaustion of Administrative Remedies. A property owner claiming that this ordinance, as applied, constitutes or would constitute a temporary or permanent taking of private property or an abrogation of vested rights shall not pursue such claim in court unless he or she has first exhausted administrative remedies. Section 7. Severability. If any part of this ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall remain in full force and effect. Section 8. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 9. Effective Date. This ordinance shall become effective upon adoption by the Board of County Commissioners and filing with the Department of State. This ordinance was advertised in the Indian River Press Journal on the day of January, 2024, for a public hearing to be held on the 23rd day of January, 2024, at which time it was moved for adoption by Commissioner , seconded by Commissioner and adopted. The vote on this ordinance was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss 462 ORDINANCE NO. 2024 - The Chairman thereupon declared the ordinance duly passed and adopted this 231d day of January, 2024. ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: By John A. Titkanich. Jr. County Administrator BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Approved as to form and legal sufficiency William K. DeBraal County Attorney Susan Adams, Chairman EFFECTIVE DATE: This Ordinance was filed with the Department of State on the day of January, 2024. 463 *-Lo'call Fkirkl folwOlA404VO4 -404,MOW G PROOF OF PUB !g&lff t � hxii�tt 4 t r7deD�tr (Ia Punt opt ion bA"in Ordinance inti tied: ;AN ORDINANCE OF THE BOARD aF COUNTY COMMISSIONERS. y�F ,.• 33 v .. P} : bINDIAN RIVER COUNTY FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPDX -RARY MORATORI'M FOR AN ADDITIONAL Y Y '.OR iJNTt(, E� EN i,p+�.�� �++�y ♦� Cyt 4TATEOF%"W"`, 01-i �8W** OF.COHEK COUNTY'S ' COMPLET ya i *AF. Aftyip fj Of- a�1i .# -* V** , awn WOg,.r f Lod PW*4**:c"t tow TM IS MANO � I I IAtT�k" Noll itc_ ' State cif 'Wl'!L0rv$ n Io, Ata, INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A Titkanich, Jr., County Administrator PREPARED BY: Cindy Thurman; Senior Planner, Long Range Planning DATE: January 2, 2024 SUBJECT: Consideration of an Ordinance of Indian River County, Florida, Amending the Zoning Ordinance and the Accompanying Zoning Map for +2.0 Acres from RS -6, Single -Family Residential District to RMH-8, Residential Mobile Home District (RZON96050010-95727) [Quasi -Judicial] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 23, 2024. DESCRIPTION AND CONDITIONS The applicant requests to rezone +2.0 acres located at the terminus of 54`h Drive, approximately 760 feet north of 45' Street, and approximately a quarter of a mile east of 58th Avenue, from RS - 6, Single -Family Residential District to RMH-8, Residential Mobile Home District (see Attachment 1). The purpose of this request is to secure the zoning necessary to develop the site with uses permitted in the RMH-8 zoning district. Existing Land Use Pattern This portion of the county consists of a mixture of single-family subdivisions, large lot mobile home developments, and some industrial uses to the south. The subject property is currently zoned RS -6, Residential Single -Family. To the north of the subject property is a vacant single-family zoned property, to the south is developed industrial land, to the east and west is RMH-8, occupied residential mobile home properties. Zoning District Differences In the terms of permitted uses, there are both similarities and differences between the existing RS - 6, Single -Family Residential District and the proposed RMH-8 district. The respective zoning district's purpose statements best illustrate the similarities between the zoning districts. These purpose statements, found in the County's Land Development Regulations (LDRs), are as follows: RS -6: The single-family districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential uses, providing single- FACommunity Development\Long Range\Songbird\ PZC Staff Report 1 464 family housing opportunities, and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunities for a varied and diverse housing supply. RMH-8: The mobile home districts are established to implement the policies of the Indian River County Comprehensive Plan for managing land designated for residential use, providing opportunities for developing mobile home subdivisions and ensuring adequate public facilities to meet the needs of residents. These districts are also intended to implement the county's housing policies by providing opportunity for a varied and diverse housing supply. Analysis The following analysis is per Chapter 902: Amendments to the Official Zoning Atlas, Section 902.12(3) which states that all proposed amendments shall be submitted to the Planning and Zoning Commission which shall consider such proposals in accordance with items (A) through (K) of Section 902.12(3). Item A — Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations. Staff cannot identify any conflicts with the proposed rezoning or any of the land development regulations. Item B — Whether or not the proposed amendment is consistent with all the elements of the Indian River County Comprehensive Plan. The Elements of the Comprehensive Plan contain goals, objectives, and policies that direct the community's development. Policies are statements in the plan that identify courses of action and provide the basis for all County land decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are the following objectives and policies: Future Land Use Element Objective 1 Future Land Use Element Objective 1 states that the county will have a compact land use pattern, which reduces urban sprawl. By allowing the site to be developed in a manner that is consistent with the site's land use designation, the request allows a more compact land use pattern with the urban service area and reduces the chances that urban sprawl will occur. For these reasons the request is consistent with Objective 1. Future Land Use Element Policy 1.13 FACommunity Development\Long Range\Songbird\ PZC Staff Report 2 465 Future Land Use Element Policy 1.13 states that the M-2, Medium -Density Residential -2 land use designation is intended for residential uses with densities up to 10 units/acre. In addition, Future Land Use Element Policy 1.13 states that these residential land uses must be located within the urban service area. Since the subject property is located within an area designated as M-2 on the county's Future Land Use Map, is located within the county's urban service area, and the proposed zoning district would permit residential uses no greater than 8 units/acre, the proposed request is consistent with Policy 1.13. Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Policy 1.43 (10) The general criteria regarding location of residential zoning districts states that: "10. Where medium density residential lands abut low density residential land, the medium density land may be zoned an intermediate density." Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The subject property is designated as M-2, Medium -Density Residential -2 on the Future Land Use Map. The proposed RMH-8 zoning is consistent with the Future Land Use Map designation and no future land use amendment is being proposed as part of this request. The surrounding properties are also within the existing M-2 Future Land Use designation (see Attachment 2). Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The subject property lies at the terminus of 54th Drive. The main access for the overall site is from 45th Street, east of 581 Avenue. Item E — Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. The proposed rezoning request's Traffic Impact Analysis (TIA) was reviewed and approved by Traffic Engineering Division staff. That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service within the most intense use of the property under the proposed zoning district. Item F — Whether or not there have been changed conditions which would warrant an amendment. FACommunity Development\Long Range\Songbird\ PZC Staff Report 3 466 The applicant states that the site is bordered on the east, west, and south by RMH-8 zoning, and on the north by RS -6 zoning. The applicant owns approximately 14.5 acres directly adjacent to the subject property zoned RMH-8 and would like to add this parcel to the overall site for redevelopment. Item G — Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. Based upon the analysis conducted by staff it has been determined that all concurrency -mandated facilities, including stormwater management, solid waste, water, wastewater, and recreation have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per the County LDRs, the applicant may be required to pay connection and other customary fees, and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development review process. Per Section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not development projects, County regulations call for the concurrency review to be based upon the most intense use of the subject property allowed within the requested zoning district. For residential rezoning requests, the most intense use (according to the Count's LDRs) the maximum number of units that could be built on the site, given the size of the property, and the maximum density under the proposed zoning the site information used for the concurrency analysis is as follows: 1. Size of Area to be rezoned: x-2.0 acres 2. Existing Zoning District: RS -6, Residential Single -Family, up to 6 units per acre 3. Proposed Zoning District: RMH-8, Residential Mobile Home, up to 8 units per acre 4. Most Intense Use of Subject Property: 12 Single -Family Units Under Existing Zoning District 5. Most Intense Use of Subject Property: 16 Mobile Home Units Under Proposed Zoning District Item H — Whether or not the proposed amendment would result in the significant adverse impacts on the natural environment. Currently, the property is abutting RMH-8 zoning on the east, west, and south, and RS -6 zoning to the north. Since the subject two -acre property contains no land designated by the state of Florida FACommunity Development\Long R=ge\Songbird\ PZC Staff Report 4 467 or the U.S. Federal Government as environmentally sensitive or protected land, such as wetlands or sensitive uplands, rezoning the site is anticipated to have no adverse impacts on the natural environment. Item I — Whether or not the proposed amendment would result in the orderly and logical development pattern, specifically identifying any negative effects on such pattern. The proposed amendment is consistent with the comprehensive plan and the surrounding land use, and will provide for a logical and orderly development pattern. Item J — Whether or not the proposed amendment would be in conflict with the public interest, and is in harmony with the purpose and interest of the land development regulations. The request is in harmony with the purpose and intent of the land development regulations. No detrimental effect to the public welfare has been identified. Item K — Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment such as police protection, fire protection, and emergency medical services. Based upon analysis conducted by staff, it has been determined that all concurrency — mandated facilities, including police protection, fire protection, and emergency medical services have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. CONCLUSION The requested RMH-8 zoning district is compatible with the surrounding area, is consistent with the goals, objectives, and policies of the Comprehensive Plan and is consistent with the County LDRs. Located in an area deemed suitable for residential mobile home uses, the subject property meets all applicable criteria to be rezoned to RMH-8. For those reasons, Staff supports the request. RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve the proposed change to rezone the subject property from RS - 6, Single -Family Residential to RMH-8, Residential Mobile Home. ATTACHMENTS 1. Existing Zoning Map 2. Future Land Use Map 3. Rezoning Application 4. Rezoning Ordinance FACommunity DevelopmentTong Range\Songbird\ PZC Staff Report 5 468 FACommunity Development\Long Range\Songbird\ PZC Staff Report 6 469 FACommunity Development\L )ng RMW\Son0ud\ PZC Staff Report % 470 soon Iff et N � . d' APPLICATION FORM REZONING REQUEST (RZON) ATTACHMENT 3 INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. Assigned Project Number: RZON - Current Owner Applicant (Contract Purchaser) Agent Name: School Street Apartments, LLC Channel FL 1, LLC Schulke, Bittle & Stoddard, LLC Complete Mailing Address: 456054th DrLot#5Veto Beach. FL329679MCAMMMOlaweC111-WaMPWft"FtUW 1717W=i%VWBlvd SM201VeroBewhFL92980 Phone(including area code) 607_692-3703 772-770-9622 Fax #: ( including area code) E -Mail: joshk9channelcos.com ischulke@sbsengineers.com Contact Person: Josh Kroll Joseph W Schulke .n Si attire of Owner or nt: Property Information Site Address: 4830 54th Dr Vero Beach, FL 32967 Site Tax Parcel I.D. #s: Subdivision Name, Unit Number, Block and Lot Number (if applicable) Existing Zoning, District: RS -6 tssttd. Use Desi nation: M- Requested Zoning District: RMH-8 'rota)(gross) Acreage of Parcel: 2 lAcreage (net) to be Rezoned: 2 Existing Use on Site: Proposed Use on Site: Manufactured home community THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. 473 1 REZONING APPLICATION CHECKLIST Please attach the following items to this application. Do not ignore any of the items. Indicate "N/A" if an item is not a livable. ITEMS Applicant's Checklist Staff Checklist 1. Fee: $3,000.00 x 2. Completed Rezoning Application Form front page) x 3. Letter of Authorization from Current Owner(s) X OR Current Owner is Applicant 4. Verified statement (separate letter) naming every X individual or entity having legal or equitable ownership in the property. 5. One 1 Copy of the current Owner's Deed x 6. A Current Owner's Title Policy X OR A Certificate of Title from a Title Company OR An attorney's written opinion evidencing fee ownership of the property. 7. A justification of change statement and detailed X intended use 8. One (1) SEALED boundary survey of the area to be X rezoned. The boundary survey shall include, but not be limited to the following: ❑ a legal description of the land to be rezoned ❑ the size of the land to be rezoned ❑ the public road right-of-way width of adjacent roads; and ❑ a north arrow 9. Electronic version (MS Word is preferable) of the x legal description 10. Provide a digital map file of the boundary Survey X provided in Item 8 above in either AutoCAD (.dwg) or Esri Shape file (.shp) format. 11. Copy of Approved Concurrency Certificate X OR Copy of filed application for Concurrency Traffic Study - N/a Certificate, including traffic study, if applicable NOTE: ITEMS 2-6 MUST INDICATE THE SAME OWNERSHIP OF THE SUBJECT PROPERTY. Revised: September 19, 2022 F_\Community DevelopmenAAPPLICATIONS1(m3p. Plan and Rezoning applicationslrezoningrequestform - Updated 2021.docx 474 Indian River County Future Land Use Map Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 1801 2r Street Vero Beach, FL 32960 FROM: School Street Apartments, LLQ (property Owner) 566 South Sixth Street . Lindenhurst, NY 11757 Property Taxl.D. #: 32-39-21-00001-0140-MI/0 and 32-39-21-00001-0140-00001/1 Property Address: 4520 and 4630 54th Drive, Vero Beach, Florida 32967 The undersigned is hereby authorized Schugm, Bittle and Stoddard and channel FL 1, LLc to act as agent and/or make application to Indian River County for the above referenced property for the following applications (please mark the appropriate box): ❑ Future Land Use Amendment )L Rezoning John Gerrato Owners (print) A4 Signature STATE OF FLORIDA COUNTY OF INDIAN RIVER fiber /40,P a0 as Dab The foregoing instrument was acknowledged before me by means of 15I physical presence or ❑ online notarization, this/'o� day of _____,20 Q-1_ by- k�.f;I�yr�'-E d Personally know ❑ OR produced identification (SEAL) NOTAR ✓" ;t LISA M. BERRYMAN Printed Name: i< MY COMMISSION P HH 146479 EXPIRES: June 28, 2025 Eonded Thru Notary Public Underwdlere Commission Number: Commission Expiration:____ 475 Attachment 4 ORDINANCE NO. 2024 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR +2.0 ACRES LOCATED AT THE TERMINUS OF 54TH DRIVE, APPROXIMATELY 760 FEET NORTH OF 45TH STREET AND APPROXIMATELY ONE QUARTER OF A MILE EAST OF 58TH AVENUE; FROM RS -6, RESIDENTIAL SINGLE FAMILY TO RMH-8, RESIDENTIAL MOBILE HOME; AND PROVIDING CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, has held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners has determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County; and WHEREAS, the Board of County Commissioners has held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: THE WEST 10.01 ACRES OF THE EAST 15.01 ACRES OF TRACT 13, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, AT PAGE 25; SAID LANDS NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT LANDS CONVEYED FOR RIGHT-OF-WAY PURPOSES, AS DESCRIBED IN O.R. BOOK 61, AT PAGE 137; AND IN O. R. BOOK 61, AT PAGE 486, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, COMMITMENT NO.: 1371480, HAVING AN EFFECTIVE DATE OF FEBRUARY 6, 2023. THE NORTH 2 ACRES Page 1 of 3 476 ORDINANCE NO. 2024 - OF THE EAST 5 ACRES OF THE EAST 20.01 ACRES OF TRACT 13, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS OF ST. LUCIE (NOW INDIAN RIVER) COUNTY, FLORIDA. TOGETHER WITH CHICAGO TITLE INSURANCE COMPANY, COMMITMENT NO.: VB082212006, HAVING AN EFFECTIVE DATE OF NOVEMBER 30, 2022. PARCEL 1: THE NORTH 2 ACRES OF THE WEST 5 ACRES OF TRACT 14, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 25 FEET OF: THE WEST 5 ACRES OF TRACT 14 SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LANDS SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. TOGETHER WITH AN EASEMENT FOR INGRESS AND EGRESS OVER THE EAST 25 FEET OF: THE WEST 5 ACRES OF TRACT 14 SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS THE NORTH 2 ACRES THEREOF. PARCEL 2: THE WEST 5 ACRES OF TRACT 14, SECTION 21, TOWNSHIP 32 SOUTH, RANGE 39 EAST, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY, FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF ST. LUCIE COUNTY, FLORIDA, IN PLAT BOOK 2, PAGE 25, SAID LAND SITUATE, LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA, LESS RIGHTS OF WAY FOR ROADS AND CANALS AND LESS AND EXCEPT THE NORTH 2 ACRES THEREOF. SUBJECT TO ALL EASEMENTS, RIGHTS OF WAY, RESERVATIONS AND RESTRICTIONS, IF ANY. is changed from RS -6, Residential Single -Family, to RMH-8, Residential Mobile Home District. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Page 2 of 3 477 ORDINANCE NO. 2024 - Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this day of January, 2024. This ordinance was advertised in the Press -Journal on the 70' day of January, 2024 for a public hearing to be held on the 23rd day of January, 2024, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: Susan Adams, Chairman ATTEST : Ryan L. Butler, Clerk of Circuit Court and Comptroller :• Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY William K. DeBraal, County Attorney APPROVED AS TO PLANNING MATTERS Andrew Sobczak, Planning and Development Services Director Page 3 of 3 478 Item 10.A.3. 01/23/2024 Indian River County Board of County Commissioners January 23, 2024 School Street Apartments LLC. Rezoning Request j RS -6 ° to RM H-8 Description' onditions • The subject 2 acre property is located in the Gifford area, on the north side of 45th street just east of 58th Avenue. I H -PH • This area of the County consists of a mixture of single-family subdivisions, large lot mobile home development and some industrial uses to the south. rty • The purpose of this request is to secure the zoning necessary to develop the site with uses permitted in the RMH-8 Zoning District. The applicant owns approximately 14.5 acres adjacent to the property and would like to add the subject property to the overall site for redevelopment. 998 , Future Land Use Map Item 10.A.3. 01/23/2024 RS -6 District Existing Zoning • Single -Family District • Uses are designated for Residential • Provides for single-family housing opportunities • Ensures adequate public facilities to meet the needs of residents RMH-8 Proposed Zoning • Mobile Home District • Uses are designated for Residential • Provide opportunities for developing Mobile Home subdivisions • Ensures adequate public facilities to meet the needs of residents Item 10.A.3. 01/23/2024 Rezoning Request is consistent with M-2 Future Land Use Designation • The M-2 Future Land Use Designation is intended to provide areas for the development of residential uses with densities up to 10 units per acre. • The existing M-2 Future Land Use Designation is consistent with the requested RMH-8 Zoning District. • The requested RMH-8 Zoning classification will limit the density to 8 units per acre even though the M-2 future land Use Designation allows the density up to 10 units per acre. Analysis:per Cha ,:90112 t3) B. Consistent with all the elements of the Comprehensive 'Meets Criteria Future Land Element Objective 1, Policy 1.13 and Policy 1.43 Meets Criteria Proposed RMH-8 Zoning is consistent with the existing M-2, Medium Density FLU. (No Future Land Use Amendment change is £% proposed as part of this request). D. In compliance with adopted County thoroughfare plan.. Meets Criteria Main access for site is from 45t' Stre@ E. Generate traffic which would decrease levels of service as Meets Criteria All roadway segments within the area of adopted? influence would operate at am acceptable LOS under the proposed RMH-8 Zoning. Item 10A.3. 01/23/2024 Am ilysis per Chapter 902.12431 continuer enwironmen the rezoninof:thesatp- yy� L'3Result in the orderly and logical development pattern, = Meets Criteria Consistent with Comprehensive Plan and specifically the surrounding land uses and will provide F w X �� for a logical and orderly development va s pattern. ............ a J. In conflict with thepublic interest and is in harmony with the Meets Criteria The request is in harmony with the purpose and interest of the land development regulations. / purpose and intent of the land Vdevelopment regulations. K. Any other matters that may be deemed appropriate in review Meets Criteria All concurrency including mandated and consideration of the proposed amendment such as police facilities, have adequate capacity to protection, fire protection, and emergencymedical services. accommodate the most intense use under the proposed zoning. maw 41�"5 Item 10.A.3. 01/23/2024 Conclusion The requested RMH-8 zoning district is: • Compatible with the surrounding area • Consistent with the goals, objectives, and policies of the County's adopted Comprehensive Plan • Is consistent with the County's Land Development Regulations • Deemed suitable for RMH-8 zoning to further meet the needs of residents with a diverse and varied housing supply. • Supported by Staff 1/ • The PZC recommended unanimous approval at their December 14, 2023 Meeting. Recommendation The Planning and Zoning Commission recommends that the Board of County Commissioners approve this request to rezone the subject property from RS -6, Residential Single -Family to RMH-8, Residential Mobile Home. 1-2-3,24 1003 *LocatiQ Florida PO Box 631244 Cincinnati, OH 45263-1244 GANNETT` 4=21 P911LIS �'1 Indian River county Planning Kathy Chairest Indian River County Planning 180127 Th Street Vero Beach FL 32960 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on cath says that he or she is the Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published In Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad In the matter of Classified Legal CLEGL, was published on the publicly accessible websites of Indian River/St Lucie/Martin REC IV ECounties, Florida, or in' a newspaper by print in the issues of, on: .SAW 01/07/2024 Intan R►uertyui'{ affiant further says that the website or newspaper complies Planning & D"JoLo rent SWAM with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who Is personally known to me, on 01/07/2024 Notary, State o Bro My commision exp>Ires Publication Cost: $470.40 Order No: 9643926 # of Copies: Customer No: 1125971 1 Po #: THIS IS NOT AN INVOICE! please do not we Au form for paXmew remiaK we. KAITLYM FELTY Notary Public State of Wisconsin Page 1 of 2 415 The Board of County Commissioners of Indian River County, Florida, will consider the adoption of a County Ordinance rezoning land within the unincorporated portion of Indian River County. A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held on Tuesday, January 23 at 9:00 a.m. in the County Commission Chambers of the County Administration Building located at 1801 27"' Street, Vero Beach, Florida. The proposed ordinance is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR +2.0 ACRES LOCATED AT THE TERMINUS OF 541" DRIVE, APPROXIMATELY 760 FEET NORTH OF 451" STREET AND APPROXIMATELY ONE QUARTER OF A MILE EAST OF 581" AVENUE; FROM RS -6, SINGLE FAMILY RESIDENTIAL TO RMH-8, RESIDENTIAL MOBILE HOME; AND PROVIDING CODIFICATION; SEVERABILITY; AND EFFECTIVE DATE. The applications may be inspected by the public at the Planning and Development Services Department of the CourdyAdministration Building A, located at 1801 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact Cindy Thurman at {772) 226-1243. The Board of County Commissioners may adopt another zoning district, other than the district requested, provided that the adopted zoning district is consistent with the county's comprehensive plan. Anyone who may wish to appeal any decision that 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 is based. Anyone who needs a special accommodation for this meeting must contact the county's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Board of County Commissioners By: -s- Susan Adams, Chairman I - 23,24 1(o, A% S. tl. SaNNi.i1' -ild your yaNnd AYsa a-l.ta w M N S.N X rLw nrorben IaF aMlw fon ,ilNlls�c�i•owolu Dim job �� .Ipwr ! Mn Ibll. HEItEt d �cn 4 N34 between 300 er MNr I®wear vena Owmk•r 3,, W» �n,1 Xerew+orn p i M FL Lab. TM 3fd •"elaA+e rM nbnm pdaen I by n O,.c�l Cedw 1 IIm3. of a Y* o e dw W tf:v3 FM mtMeMvv 4 1x34 e+ wnlcn IlOat ,M • (� �•ut MYaaW'n1NFlerkbe wTa to lmt NQW, t�ta ITUAN DCRTLi LEM1a6M/U�.COM OR ULLCOIn -]'I. Y�OV CI'N IIMIL oF 31j_rT antro -1 IN RE: 10RIEIT.. OF CE9e3 POWs -03, bImM4DNfMant. t{L v'FRl MSORERlITIESNAVINGORCLAIMINOTnEXAYIFOAMYMIfILle1 TITI. OR INTER.IT IN — PROICRYY HEREIN DlaCRlalD: t$tt•UKt int tiUAttu Ur COUNTY COMMISSIONERS INDIAN RIVER COUNTY NOTICE OF REZONING - PUBUG, HEARING The Board of County Commhsloners of Indian RNer County, ITnHde wig consider the adoption of a County Ordinance rannbV tared within the unincorporated porton of Indian River County. A Public hearing, at which partbs In Interest am calf" shall Mare an Opportunity to be heard, will be held on Tuesday, January 23 K 8:00 an. to the County Commission Chamoers of the C—ly Administration Bultling located at 1601 2A Street Vero Beach, Radda The proposed ordinance is enOeed; AN ORDINANCE OF INDIAN RMFA COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYINO ZOMN6 MAP FOR .2.0 ACRES LOCATED AT THE TERMINUS OF 54s' DRNE, APPROXWATELY 760 FEET NORTH OF 45- STREET AND APPROXIMATELY ONE QUARTER OF A MILE EAST OF 58' ANEAM FROM RS -S, SINGLE FAMILY RESIDENTIAL TO RMH-B, RESIDENTIAL MOBILE HONE; AND PROVIDING CODIFICATION; SEVERABILIi1`, AND 3 Fm c`,wl,M INNnwrl, aM 3Wnn Mvnln R..IRxI MIIIY It ver ane ,anon wRn a mweln+r wINaINm env eteernmNlM h ' hip or back aches — and dozens of other ailments and worries. Those m. malMd N tNwNN+M Mbbl• cols 'yn•v3N«. Tn. uumr wal.r w.n mor M,m. .•M a �m„>mt s«xana. rW s..nNnN, .l ro tW, , n .Plwr. eenlwwwn mmaL)-030. muo-,ax Nw The applica0ore may be Inspeued by the public at the Plan leg er MNr I®wear vena Owmk•r 3,, W» FL IAa Cemlry Clv! Dire, Wlh ] 1• Psrl fM1 WCN Oh) II vW .. n.3rina or rola M„Nr.d ten n,, and Development Services Departmwd DI the CounyAdministration cam Mn a Mrmr,n b raw Me1m; new•r,r. int Building A. located at 1801 27th Sheet vela Beach. Rerida, u •MPW wn•ult YoirPnnitlan Nr ,xcal e u roe nor. .aNcal n.n or Wwnt lr; L3A0.vEalml between Me nears of 8:30 am, and 5:00 p.m. on weekdays. For of n; ; e°itO,el c;:,tin;�a+ni"waive a.e heat and massage settings, for hours of soothing relaxation. Reading more Information. contact Cindy Thurman it (772) 226-1243. „m. coria mar coax IM water I.mvav eco xlPal p erf The Dowd of Cowry Commisunnam may adopt a cmxw.n Iu• II ! ) �WyEtyl ' + * iiYii� another zoning Ilshkt other than the district squealed, provided vW mw •m•Nanw OwIM %--n. l; N Me• — le —1. 1 -woo for - .. that the adopted zoning Ilstrict is consistent with the county's Drive smarter Iocaf'marketing with insights and solutions from theMTODAY NETWORK. The power of knowing you are iia,19 things rights, IN 0.e: FORFEIT—OF CITY OF FORT PaRCE lO3KUAuxrr. eidm:,ron:IPxRv. N OF 1110N OR FORF.1-111 PROCl.OIN43 'O LL I TLE OR �RTER[SIiN TXeI FROPRRTV NEAETM CESCRi0EOx—, YOU AREd Por4Rwv AO IM aM.n IMd bl Plamlll, CIH al FM P- , bAeN N Ih• Fere IMm. Ivliw pWnm•m. On Du.mMr d, ldnl. In len PNn•. Sr, lnMa Cv,mly, FbrUe tn.lyere PN,M P•IIx Dadn,Mnt goon pled In lnai ClraAi CWrl I3"lt O'�rC'a Fonda is MIIw,Yau gne Few o.derN fenelrom w roil"'.:mrw.wlbta.ret.m dnewnF dw vrnf IMI cam. wa, uW In vie.11en N Fb,ide run M wym <mRananl, Wraunnl Ie,M FNrldv C.nlrOland farNlNn M. renlwu t n.lel-3Nn. FIer103 3MV1.1 Ilene Anyone who may wish to appeal any decision mat may be made at 3119 meearlg will need t0 ensure that a verbalm record of the proceedings is made, which Includes the testimony and evidence upon which the appeal is owed, Anyone who relxN a special accommodation to this mrelin0 meat contact the county's Americans with. Disabilities Act Coordinator at (772) 226-1223, A least 48 nous in advance of the .Z— "To you, it's the perfect lift chair. To me, it's the best sleep chair I've ever ha&' — J. Fitzgerald, VA iliipflt our S Comfort Zone chair. You can't always [it down in bed and sleep. 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Choose your preferred look, or plush MlcroLux microfiber, all handcrafted in a variety of colons heat and massage settings, for hours of soothing relaxation. Reading to fit any decor. Call nowt Journey or watching TVI Our chairs recline technology allows you to pause And it features p erf the chair in an infinite number of settings. best of all, forward, making it sleepC : it a powerful lift mechanism that tilts the entire chair easy to stand. You'll love the other benef'us, too. It helps with correct spinal alignment and promotes back pressure relief, to prevent back 888x71eJ.819 and muscle pain. The overstuffed, oversized biscuit style back and Pb•x m.ntbn cRd. stow tdisref1lo4 unique seat design will cradle you in comfort Generously filled, wide CM3.:. L;3ti1 Bray Gamin! ItaNan MlraluxrN Loather luny ons a Nst'np .. classic beauty a style � T, Lang tasting Du-LtsxT" stain a Rq d npeMnt mi—L be•tMin,a Micron .! Nsw avdabfa In a Yariaty Of colon, fabric. and .i— ., ... _.. .. .... ._ .. ,.. "i mobility I d. v I romlert I uLry anJDytr,q Tufa nay.r pan Ixtau><sacn P•d•n SN., thmkbamad•-+on.dar b•ddina PradactkanwtM '—d”'if'da damr9ad ar d.f•tBY.,M•woption vn writ r.P•IrkwplpA3eF 2022 burbly...kh cod uf-,ry IWC 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: 713 Layport Dr. Sebastian ADDRESS: SUBJECT MATTER FOR DISCUSSION: Damian Gilliams PHONE: 772-713-5071 Funding for septic to sewer utilities at 490 US Hwy 1, Sebastian 32958 IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? 71 YES Z NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? Funding consideration ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? D YES D 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 Phone INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: 1/23/24 479 10.6' 1, Sewer Availability - 490 US 1 Sebastian 2 messages John Boyer <jboyer@ircgov.com> Mon, Sep 13, 2021 at 2:39 Piv To:'damio@comcast.net' <damio@comcast.net> Cc: Robert Tobar <rtobar@Ircgov.com>, Kevin Osthus <kosthus@ircgov.com>, Jesse Roland <jroland@ircgov com>, Matt Jordan <mjordan@ircgov.com> Mr. Gilliam, In response to your request regarding the connection of the commercial property at 490 US 1 in Sebastian to the IRC sanitary sewer system: • Connection to the IRC sanitary sewer system will the installation of a private, duplex (two pump) lift station connecting via forcemain to an existing IRC forcemain In the Harrison Street R/W east of the subject property. The design, permitting, and construction of the lift station and related force main will require the services of a Professional -Engineer and licensed contractor, and will require payment of all impact and other connection fees. The cost will be borne solely by you, the owner. • The subject property is not part of the North County S2S Phase 1 project. There are no grant funds available through IRC to support connection of the property to sewer. A map of the North County S2S Phase 1 project area is located here: hLtps:,'/vvvvtw.ir'cgov.u,:DT/ utilities/S2S/Static-Map.pdf • City of Sebastian may have grant funds available for connection to sanitary sewer - contact the Citi to determine whether your property Is eligible to receive funds. Feel free to contact me if you have further questions. John M. Boyer, P.E. - utilities Engineer IRC Depw&n" of UIf7riy Services 7 801 27th Street - Building A, Vero Beach, FL 32960 Phone: 772-226-1823 jboyer@ircgov.com <damio@com cast. net> To: damosdesigns@gmail.com (Quoted text hiddeni Mon, Sep 13, 2021 at 3:40 PM Indian River County Community Development Department ���� NOTICE OF CODE VIOLATION �' RESPONDENT(S): Case No. 2023110027 'v Property Owner(s): GILLIAMS, DAMIEN H & BONNIE FEY 1623 N US HIGHWAY 1 #A-5 SEBASTIAN, FL 32958 Other Respondent(s) (as applicable): NO NAME SPORTS BAR NIGHT CLUB 490 US HWY 1 SEBASTIAN, FL 32958 SUBJECT PROPERTY DESCRIPTION: Location: 490 U S HIGHWAY 1 Tax Parcel ID No.: 31-39-06-00020-0090-00001.0 Zoning: CR Legal Description: EDGEWATER PARK SUB PBI 1-23 LOT 1, LESS HWY R/W & LOTS 2 TO 5 INC, LESS E 5 FT OF LOT 5 BLK 9 DESCRIPTION OF CONDITIONS: 1. On 11/3/2023 staff received information from the INDIAN RIVER COUNTY UTILITIES DEPARTMENT_that the. following conditions are present on the property - CONNECTION WITH SEWER SYSTEM REQUIRED [failure to connect to County sewer system] - WATER AND WASTEWATER CONNECTION REQUIEMENTS FOR NEW DEVELOPMENT [failure to connect to County sewer system] 2. The conditions described above have been determined by staff to be in violation of the following section(s) of the Code of Laws and Ordinances of Indian River County. Code Chapter/ Section - CHP 201 / 201.03 -CHP 918/918.05 3. Additional comments (if applicable): The County has the ability to enforce its utility requirements on the subject property pursuant to the September 20, 1995 Inter Local Agreement for the provision of water and sewer between the City of Sebastian and the County. CONNECTION WITH SEWER SYSTEM REQUIRED - to achieve compliance, connect to the Indian River County Utilities Sewer System. All such connections shall be made in accordance with the rules and regulations as required by the County Utilities Department. WATER AND WASTEWATER CONNECTION REQUIREMENTS - to achieve compliance, connect to the Indian River County Sewer System as required by the Indian River County Utilities Department and the Indian River County Health Department. 41q '2 VIOLATION CORRECTION: To ensure compliance with the County Code of Laws and Ordinances, you are hereby advised to correct the cited violation(s) on or before 12/31/2023. CONTACT INFORMATION: IF THE CITED CODE VIOLATION HAS BEEN CORRECTED, OR FOR SPECIFIC INFORMATION OF THIS VIOLATION AND ACTIONS NECESSARY TO CORRECT IT, PLEASE CONTACT SEAN LIESKE, Indian River County Utilities Director, 1801 27th Street, Vero Beach, FL 32960, between 8:30 a.m. and 5:00 p.m., Monday through Friday. Telephone number: (772) 226-1835. Email address: slieske@indianriver.gov. FAILURE TO CORRECT THE VIOLATION: IF THE IDENTIFIED CODE VIOLATION IS NOT CORRECTED by the staff -advised date noted herein, the County Code Enforcement Section may schedule this matter before the Indian River County Code Enforcement Board for consideration. THIS IDENTIFIED VIOLATION MAY BE PRESENTED TO THE BOARD, EVEN IF CORRECTED, IF IT APPEARS TO STAFF THAT THE TYPE OF VIOLATION IS ONE THAT MAY BE OF A RECURRING NATURE. The Code Enforcement Board, established by Indian River County Ordinance 90-20, as amended, was created to enforce the various codes of Indian River County. In this capacity, if finding after an evidentiary hearing that a violation has in fact occurred, the Board has the authority to levy a fine of up to a maximum of $250.00 for each day the violation continues to exist beyond a Board -established date of compliance (said date determined at the evidentiary hearing). If the violation is of a recurring nature, the Board has the authority to levy a fine up to a maximum of $500.00 per day. The Board also has the authority to record a lien against the land on which the violation exists or, if you do not own said land, against any other real or personal property you do own to ensure payment of the fine. Approved on November 29, 2023 KELLY BUCK for Rebeca A. Guerra, AICP, LEED-AP, CPD Chief, Environmental Planning & Code Enforcement Section Action Order No. 158808 CEB Case No. 2023110027 SEBASTIAN CRA - WASTEWATER HOOK-UP GRANT PROGRAM SEBASTIAN CRA - WASTEWATER HOOK-UP GRANT PROGRAM GRANT REIMBURSEMENT REQUEST FORM 1. APPLICANT INFORMATION Name of Applicant: " A� -P_o nn I -e- C-, t LL -1 w's Address of Property: 23 V t �cI--'>la-STfWN 1-L-3Z°tS� Phone Number: S b -?I Cell Number. Sv�t E-mail Address: 2. PROJECT LOCATION C Address of Property: l0 ,5C,6V-V Parcel Number(s): 3, GRANT REIMBURSEMENT AMOUNT A. Grant Award Amount $ B. Final Cost $ TOTAL AMOUNT REQUESTED $ This Section for City Use Only Date Grant Awarded by CRA: Date Improvements Passed Inspection: AmountAwarded : Amount to be Reimbursed: Date of Payment: Approved by CRA Board — TDB Page_s S-HV.Laa C[MV xoY7cv.Ls Ssuz B U o I I d �as�rni I �PT�2i uvza asss x�g �.m off ® RMT Ag F TM H _— v slip. RIF 815: I � I , � 1 � � 1 II 1 y4 I� C r I 1 'a s ` t Vill 11 V i ;r f l 1 1 1 P sliilr,' t� II € 3 — °soar► _ 3-S.SWILE � Q s � � `�I b I N rr g e g p@@ dg� �1 ii F a 8 Y $ bi i Ld in —J---- —•''tel 'S P1I.VMH31H --�ag� (sat A3L`(r 1 � 1 - »:. ,. .a g4;P��61 arb"� 4¢tl iv;g Ba P r a; . It I dt 1t Itlr4tt°p� i' grsiit x I � L Imo/ • C ,P wg p` g 9•� s,5� �pE I o t y4 I� C r I 1 'a s ` t Vill 11 V i ;r f l 1 1 1 P sliilr,' t� II € 3 — °soar► _ 3-S.SWILE � Q s � � `�I b I N rr g e g p@@ dg� �1 ii F a 8 Y $ bi i Ld in —J---- —•''tel 'S P1I.VMH31H --�ag� (sat A3L`(r 1 � 1 - »:. ,. .a g4;P��61 arb"� 4¢tl iv;g Ba i � i,tj,gvre �C Imo/ j 31Fc gyyrtPrly' Itt wg p` g 9•� s,5� �pE ' $���1 �fioai g� y4 I� C r I 1 'a s ` t Vill 11 V i ;r f l 1 1 1 P sliilr,' t� II € 3 — °soar► _ 3-S.SWILE � Q s � � `�I b I N rr g e g p@@ dg� �1 ii F a 8 Y $ bi i Ld in —J---- —•''tel 'S P1I.VMH31H --�ag� (sat A3L`(r 1 � 1 - »:. 6 ya1 � i,tj,gvre �C Imo/ j 31Fc gyyrtPrly' Itt wg p` g 9•� s,5� �pE ' $���1 �fioai g� y4 I� C r I 1 'a s ` t Vill 11 V i ;r f l 1 1 1 P sliilr,' t� II € 3 — °soar► _ 3-S.SWILE � Q s � � `�I b I N rr g e g p@@ dg� �1 ii F a 8 Y $ bi i Ld in —J---- —•''tel 'S P1I.VMH31H --�ag� (sat A3L`(r 1 � 1 - »:. Dear MID FLORIDA RENTALS, Invoice 133278 is ready to view. Subtotal $116.83 7%(71%) $8.18 Payments ($0.00) Due by Nov 20, 2023 B1111ing Address Job Site Address MID FLORIDA RENTALS 490 US -1, NO NAME BAR 1623 US -1, STE Al Sebastian, FL 32958 4�a-b ,% a E10A1E Oi fE1.N:M MAW 1225 Main Street, Sebastian, Florida 32958 Tel (772) 589-5537 STORMWATER UTILITY DEPARTMENT—APPLICANT INFORMATION SHEET APPLICATION FOR PERMIT TO WORK IN A CITY RIGHT-OF-WAY / EASEMENT This sheet is part of an application for permission to perforin work In a City right-of-way and/or easement in accordance with terms and conditions as set forth by the City Stormwater Utility Department. Permit fee is $250.00 Please attach a sketch of the proposed work with a written address / description of the location. All pages of the sketch document must clearly identify the applicant must also be dated and initialed by the applicant. Also attached should be a brief but clear description of the work to be performed and its general purpose. Must also provide sketch of how surface stormwater is being treated. Name of Applicant: Address Name of Contractor Address: Contact Person: Contact Numbers: Applicable License(s): office PA Location of Worm: © V :�" j L This work is to be done in a City right-of-way e no) This work is being done in and/or affects a: 5 e 1/4- ; , / r -t and/or easement (ye / no) Front Swale Side Ditch Rear Ditch/ Channel Culvert Canal Seawall other Description of Work Involved:Minimum coverage 1, from tap of pipe and edge of road) Will work require Estimated Dates of Applicant set / checked? YesI-"No 0`! y Date: City of Sebastian use nlya &cheduled inspections to go through the Building Dept. Pre -construction Inspection: Date: Date: Final Inspection: 41q INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES 1801 27TH STREET VERO BEACH, FLORIDA Tel. (772) 567-8000 Fax(772)770-5143 MBV Engineering, Inc. 1250 W. Eau Gallie Blvd., Suite H Melbourne, FL 32935 Ph: 321-253-1510 Attn: Bruce Moia, P.E. WE ARE SENDING YOU: ❑ Shop drawings ❑ ❑ Copy of letter ❑ Date: January 17, 2024 UCP # 3700 Re: No Name Bar Attached ❑; Specifications ❑ Under separate cover the following items via: Prints ® Plans ® Utility Construction Permit Change Order ❑ Samples ❑ Other: COPIES DESCRIPTION 1 —Approved Construction Plans 1 IRC Utility Construction Permit # 3700 1 Impact & Connection Fee Estimate THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For approval ❑ Approved as submitted ❑ Resubmit Copies for approval ® For your use ❑ Approved as noted ❑ Submit Copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return Corrected prints ❑ For review & comment ❑ For Bids Due Other: REMARKS: Be advised that an FDEP WASTEWATER PERMIT will be required prior to commencing construction. Impact and Connection Fees are due prior to commencing construction. Please schedule a pre -construction meeting and all utility construction activities with Utilities Inspector: Scott Eddinger, seddinger@indianriver.gov Signed: eL J/ Jesse R. Roland, Sr. Plans Reviewer Cc: Scott Eddinger, Utilities Inspector (via email) Utility Project File UCP # 3700 (If enclosures are not as noted, kindly notify us at once) Page 1 of I \\6leserver2.admin.com\public\Utilities\UTILITY-CAPITAL IMPROVEMENT PROGRAM\02Developer Projects (UCP)\NoName Bar -UCP#3700\UCP#3700-No Name Bar-LOTI MBV-01-17-2024.doc ME INDIAN RIVER COUNTY DEPARTMENT OF UTILITY SERVICES 180127th Street, Vero Beach, Florida 32960 UTILITY CONSTRUCTION PERMIT Permit Issuance Date: January 17, 2024 UCP #. 3700 IRC Project #: NIA Project Name: No Name Bar Project Location: 490 US Hwy 1 Owner/Developer: Damien H. Gilliams & Bonnie Fev Engineer -of -Record: MBV Engineering - Bruce Moia, P.E. IRCUD Inspector: Scott Eddinaer, seddinaer indianriver.aov Project Description: 2'r County FM Extension & Private Lift Station Installation Services: ❑ County Water ❑ County Gravity Sewer R County Force Main ❑ County Lift Station R Private Lift Station ❑ Private Force Main General: This Utility construction permit authorizes the above-named Owner/Developer to construct a Wastewater Collection System for the project as shown on the construction plans prepared by MBV Engineering and signed & sealed on January 10, 2024 . Permit Issuance is contingent upon construction being performed by personnel currently licensed in the State of Florida to perform such work. All work shall be performed in accordance with Indian River County Utilities Standards, latest edition and applicable regulatory agency. Utility work shall not commence until all necessary easements and/or permits are acquired, including an Indian River County R -o -W Permit if working within its limits. The limits of construction are delineated by these plans. This permit is valid for a period of twelve consecutive months from the date of issuance and is subject to the special provisions and completion of associated checklist items as provided in Attachment A; this permit does not constitute a permit for operation. Special Conditions: Not Applicable. If you have any questions, please do not hesitate to contact me at (772) 567-8000, ext. 1636. Sinc y, GrZ� Jess R. Roland, Plans Reviewer Enclosure: Attachment A + 1 set of Construction Plans cc: Sean Lieske — I.R.C. Director of Utility Services (via email) Howard Richards, P.E., IRCDUS Capital Projects Manager (via email) Dorri Bosworth — C.O.S. Senior Planner (via email) Lisa Frazier, AICP - C.O.S. Director of Community Development (via email) Scott Eddinger - I.R.C. Senior Utilities Inspector (w/ Enclosure) Utility Project File UCP # 3700 (w/ Enclosure) \\fileserver2.admin.wm\public\Utilities\UTILITY-CAPRAL IMPROVEMENT PROGRAM\02 Developer Projects(UCPANo Name Bar -UCP#3700\UCP#3700-No_Name Bar-01-17-2024.doc �� 1 INDIAN RIVER COUNTY—WATER AND SEWER CONNECTION FEES 490_US_HwylConnectionCostSheet-FIN Property Owner: Gilliams, Damien H. & Bonnier Project/Subdivision Name: No Name Bar - UCP# 3700 Requestor: Same as owner Phone #: 772-713-5071 Location/Street Address: 490 US Highway 1, Sebastian, FL 32958 a -Mail: damio@comcast.net Property Use Code 3300 Parcel ID ('s) #: 31390600020009000001.0 CONNECTING TO: TYPE: r- WATER V* SEWER F_ FIRE SPRINKLERS F Single Family F Multi -Family R Commercial WATER: Water Impact Fee: ERU(s) _ $ F_ Water Servi onnection Fee: - r- Water Co ectio V n n e c t e d Acct# 026168 Water Deposit: ERU(s) $50.00 per ERU = $ Inspection Fee = # of meters Meter Installation 5/g" 1 _ $ If Master Planned Line LF $ SEWER: Sewer Impact Fee: 3 ERU(s) $2,796.00 per ERU (Can be financed for 5 years @ 8.50%) _ $ F Financed Sewer Service Connection Fee: = $ - r Sewer Connection Sewer Deposit: 3 ERU(s) Deposit @ $50.00 per ERU = $ 150.00 Inspection Fee 1 = $ 85.23 If Master Planned Line LF = $ - MISCELLANEOUS: New Account Charge = Recording Fee APPLY Recording Fee = $ 35.50 Doc Stamp APPLY Doc Stamp = $ 9.79 Remarks: Sewer -only estimate for an existing bar/restaurant. In order ---- Official Use by IRCUD Staff Only ---- to connect, a commercial private lift station, designed and permitted Prepared By Date Prepared Expiration Date by a licensed FL Professional Engineer, will be required. Jesse Roland 7/15/2024 1/17/2024 mer Signature: ereby acknowledge that I have been informed that a IRC Service App Provided? rmit is required by the Building Department for the — �tallation of the service line from the meter. IRCDUS Total Balance Due *** _ $ 280.52 :ommends pressure testing your existing plumbing fore transitioning from your private well system to the ***Charges and fees are estimates only. unty's water service. Pressure testing will allow you to old any potential leaks or breaks that may occur due Actual charges are subject to review and the pressure change with your new County water confirmation at time of payment. Service rvice. IRCDUS is not responsible for leaks or breaks at may occur due to connection to the County water Availability Fees will accrue at the time stem. connection fees have been paid. Date Printed: 1/17!2024 Florida Department of Environmental Protection Notification/Application for Constructing a Domestic Wastewater Collection/Transmissions System Part I - General Subpart A: Permit Application Type (Check only one)* Individual permit for a domestic wastewater collection/transmission system serving 10 or greater equivalent dwelling units (EDU). An EDU is equal to 3.5 persons. Criteria for an individual permit are contained in Rule 62-604.600(7), F.A.C. Application fee: $500 ❑ Individual permit for a domestic wastewater collection/transmission system serving less than 10 equivalent dwelling units (EDU). An EDU is equal to 3.5 persons. Criteria for an individual permit are contained in Rule 62-604.600(7), F.A.C. Application fee: $300 ❑ Minor revision to an individual permit for a domestic wastewater collection/transmission system. Application fee: $250 Notice of Intent to use the general permit for a domestic wastewater collection/transmission system. Criteria for a general permit are contained in Rule 62-604.600(6), F.A.C. Projects not meeting the criteria in Rule 62-604.600(6), F.A.C., must apply for an individual permit. Application fee: $250 * Note: Each non-contiguous project (i.e., projects that are not interconnected or are not located on adjacent streets or in the same neighborhood) requires a separate application and fee. Subpart B: Instructions (1) This form shall be completed for all public and private domestic wastewater collectionAransmission system construction projects as follows: • If this is a Notice of Intent to use the general permit, this notification shall be submitted to the Department at least 30 days prior to initiating construction. • If this is an application for an individual permit, the permit must be obtained prior to initiating construction. (2) One copy of the completed form shall be submitted to the appropriate DEP district office or delegated local program along with the appropriate fee, and one copy of the following supporting documents. Checks should be made payable to the Florida Department of Environmental Protection, or the name of the appropriate delegated local program. Forms and documents may be submitted electronically in accordance with the Wastewater Electronic Document Submission instructions available from DEP's website. • If this is a Notice of Intent to use the general permit, attach a site plan or sketch showing the size and approximate location of new or altered gravity sewers, pump stations and force mains; showing the approximate location of manholes and isolation valves; and showing how the proposed project ties into the existing or proposed wastewater facilities. The site plan or sketch shall be signed and sealed by a professional engineer registered in Florida. • If this is an application for an individual permit, one set of plans and specifications shall be submitted with this application. The plans and specifications shall include lift station design calculations if a lift station is proposed. Chapters 10 and 20 of Recommended Standards for Wastewater Facilities, 2014, provide helpful guidance on the proper preparation of plans and specifications. The plans and specifications shall be signed and sealed by a Professional Engineer registered in Florida. (3) All information shall be typed or printed in ink if submitting paper forms. Where attached sheets (or other technical documentation) are utilized in lieu of the blank spaces provided, indicate appropriate cross-references on the form. For Items (1) through (4) of Part II of this application form, if an item is not applicableto your project, indicate "NA" in the appropriate spaceprovided. DEP Form 62-604.300(3)(a), Notification/Application for Constructing a Domestic Wastewater Collection/Transmission Page 1 System Incorporated by reference In subsection 62-604.300(3), F.A.C., (October 4, 2D21) 41q -1 PART III - Certifications (1) Collection/Transmission System Permittee I, the undersigned owner or authorized representative* of Damien Gilliams as owner am fully aware that the statements made in this application for a construction permit are true, correct and complete to the best of my knowledge and belief. I agree to retain the design engineer or another professional engineer registered in Florida, to conduct on-site observation of construction, to prepare a certification of completion of construction, and to review record drawings for adequacy. Further, I agree to provide an appropriate operation and maintenance manual forthe facilities pursuant to Rule 62-604.500(4), F.A.C., and to retain a professional engineer registered in Florida to examine (orto prepare if desired) the manual. I am fully aware that Department approval must be obtained before this project is placed into servi"r-any.purpose other than testing for leaks and testing equipment operation. Signed ! Date 01-10-2024 Name Damren GIIII'oms Title Owner *Attach a letter of authorization. (2) Owner of Collection/Transmission System I, the undersigned owner or authorized representative* of Damien Gilliams as owner certify that we will be the Owner of this.project after it is placed into service. I agree that we will operate and maintain this project* * in a mannerthat will comply with applicable Department rules. Also, I agree that we will promptly notify the Department if we sell or legally transfer ownership of this project. Signed' `� ' _ Date 01-10-2024 Name Damienx9illiams Title Owner Company Name Address 1623 N US Hwy 1 # A-5 City Sebastian State FL Zip 32958 Telephone 772-713-5071 Cell Fax Email damio@comcast.net * Attach a letter of authorization **Description of the owner's portion if split Second Owner of Collection/Transmission System (if system is divided with different owners I, the undersigned owner or authorized representative* of certify that we will be the Owner of this project after it is placed into service. I agree that we will operate and maintain this project in a mannerthat will comply with applicable Department rules. Also, I agree that we will promptly notify the Department if we sell or legally transfer ownership of this project. Signed Date Name Title Company Name Address City State Zip Telephone Cell Fax Email * Attach a letter of authorization **Description of the second owner portion if split (3) Wastewater Facility Serving Collection/Transmission System** If this is a Notice of Intent to use a general permit, check here: ❑The undersigned owner or authorized representative* of the DEP Form 62-604.300(3)(a), Notification/Application for Constructing a Domestic wastewater Collection/Transmission System Incorporated by reference in subsection 62-604.30013), F.A.C., (October4, 2021) facility � 1q V ( 2, Page 13 (4) Professional Engineer Registered in Florida I, the undersigned professional engineer registered in Florida, certify that I am in responsible charge of the preparation and production of engineering documents for this project; that plans and specifications for this project have been completed; that I have expertise in the design of wastewater collection/transmission systems; and that, to the best of my knowledge and belief, the engineering design for this project complies with the requirements of Chapter 62-604, F.A.C. A. A#0/ ti��ENS44 - No. 47528 o'• STATE OF ; 90' "10RO Name Bruce A. Moia, P.E. Company Name MBV Engineering, Inc. Address 1250 W. Eau Gallie Blvd, Ste H City Melbourne Telephone 321-253-1510 Cell _ Email brucem@mbveng.com Portion of the project for which responsible: 100% Second Engineer (if applicable) Name Company Name Address City Telephone Email Portion of the Project for Which Responsible: Cell (Affix Sea[) a x Signed"—� Date 01-10-2024 Florida Registration No. 47529 State FL (Affix Seal) Signed Date Zip 32935 Fax 321-253-0911 Florida Registration No. State DEP Form 62-604.300(3)(a), Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System Incorporated by reference in subsection 62.604.300(3), F.A.C., (October4, 2021) Fax Zip 411' -[.� Page 15 hereby certifies that the above referenced facility has the capacity to receive the wastewater generated by the proposed collection system; is in compliance with the capacity analysis report requirements of Rule 62-600.405, F.A.C.; is not under a Department order associated with effluent violations orthe ability to treat wastewater adequately; and will provide the necessary treatment and disposal as required by Chapter403, F.S., and applicable Department rules. If this is an application for an individual permit, check one: (f NTle A L ❑M The undersigned owner or authorized representative* of the Indian River County WesONWTF wastewater facility hereby certifies that the above referenced facility has and will have adequate reserve capacity to accept the flow from this project and will provide the necessary treatment and disposal as required by Chapter403, F.S., and applicable Department rules. ❑The undersigned owner or authorized representative* of the wastewater facility hereby certifies that the above referenced facility currently does not have, but will have prior to placing the proposed project into operation, adequate reserve capacity to accept the flow from this project and will provide the necessary treatment and disposal as required by Chapter403, F.S., and applicable Department rules. _ L Name of Treatment Plant Serving Project LICI I" 1 I,- r% Indian River CountyaW4"WWTF. County Indian River//�� city 6e� DEP Facility ID: FL'7 V I 0 431 71//Zz- &/;dlZ3 Maximum monthly average daily flow over the last 12 month period MGD Month(s) used X1/�9=4202-1. Maximum three-month average daily flow over the last 12 month period+ Z'S& MGD Month(s) used /73 Current permitted capacity' L4 1 0 MGD ❑� AADF ❑MADF ❑TMADF Curre;Jee anding flow commit nts (including is project) against treatment plant capacity ' d �Z�3 MGD Signed Date A 0 I Zd 2--� Name Roland Title Senior Plans Reviewer Company Name Indian River County Department of Utility Services Address 1801 27th. Street City Vero Beach State FL Telephone 772-226-1636 Cell F Email jroland@indianriver.gov 32960 * Attach a letter of authorization "If there is an intermediate satellite collection system between the project and the final receiving facility collection system, a letter shall be attached certifying that the intermediate downstream satellite collection system has adequate reserve capacity to accept the flow from this project. DEP Form 62-604.300(3)(a), Notification/Application for Constructing a Domestic Wastewater Collection/Transmission System Incorporated by reference in subsection 62-604.300(3), F.A.C., (October 4, 2021) 4%q- �4 Page 14 I 411-(5 -!I N ow > -ml -.3'- 13 oo U > o o 0 a 3 --j A 0 m cn z m o I 411-(5 I W[ A CL 0 ...4 CL :4 cl, A Cr ac 100 Eo� 'D -0 -0 Di D o 4, 3A Q it 3 .0 as i v wil I " r v S o (5 c-, 0) cg, ix 0 12 Lo CL (A 0 g NO MAZYM RAR 9111 1 LxFr sTATmoN PR it NO MAZYM RAR 9111 1 LxFr sTATmoN PR E TA SITS MAN I Randy J...Mosby,P.E. LUC ANJDv D!OWAJT.S SEBASTIAN CRA CRA -yVAs rEWATER HooK•UP GRANT PROGRAM as-aoay i S. ESTIMATED COST Please provide information or the following items A. Estimate of Current Septic System Closure B. Estimate of Connection to Public Treatment Facilities $ I C. Permitting $ t zsro.° D. Design Costs S -2- Too TOTAL ESTIMATED PROJECT COSTS $ Has the applicant applied for other regulatory grant funding to remove the targeted septic system? (Please check appropriate answer) YES , N0 If Yes, please answer the following questions: Who was the grant award from? How much was the total award? $ 6. ESTIMATED TIME TO ACHIEVE PROJECT MILESTONES Please provide information on the following items: Project Permitting Construction Final Inspection Application for Reimbursement This Section for City Use Only Date Application Received: Date Application Reviewed: Recommendation to CRA: Action by CRA.- Approved RA: Approved by CRA Board — TDB � Page 5 � SEBAST7AN CRA - WAsrEwATER Hoox-Up GRA,vT PROGRAM STIAN CRA — GRANTF MIN .t. .'O _f; & W;Eel :0- 1. APPLICANT INFORMATION Name of Applicant: D, 1amt-eo +- Address of Property: I VZ 3 Phone Number. _Z.�. 'i t Cell Number. i t Se -t Email Address: 1 rh t o & 2. PROJECT LOCATION .Address of Property: `"I C0 U5 1+Wi- I ,5C.ev'r 57-1 PI, n,i J`' -L 3 L'i S Parcel Number(s): 3. GRANT REIMBURSEMENT AMOUNT A. Grant Award Amount B. Final Cost _ _ ..... TOTAL AMOUNT REQUESTED This Seodon for City Use Only Date Gan t A warded by CRA: Date improvements Passed Inspection: AmountAwarded : Amount to be Reimbursed: Date of Payment: Approved by CRA Board - TDB Page 6 z Sewer Availability - 490 US 1 Sebastian John Boyer <jboyer@ircgov.com> Mon, Sep 13, 2021 at 2:39 PM To: 'damio@comcast. net' <damlo@comcast. net> Cc: Robert Tobar <rtobar@ircgov.com>, Kevin Osthus <kosthus@ircgov.com>, Jesse Roland <jroland@ircgov,com>, Matt Jordan <mjordan@ircgov.com> Mr Gilliam, In response to your request regarding the connection of the commercial property at 490 US 1 in Sebastian to the IRC sanitary sewer system: Connection to the IRC sanitary sewer system will the installation of a private, duplex (two pump) lift station connecting via forcemain to an existing IRC forcemain in the Harrison Street R/W east of the subject property. The design, permitting, and construction of the lift station and related force main will require the services of a Professional Engineer and licensed contractor, and will require payment of all impact and other connection fees. The cost will be borne solely by you, the owner. The subject property is not part of the North County S2S Phase I project. There are no grant funds available through IRC to support connection of the property to sewer. A map of the North County S2S Phase 1 project area is located City of Sebastian may have grant funds available for connection to sarnitary-sewer - contact the City to determine whether your property ineligible to receive funds. Feel free to contact me If you have further questions. John M. Boyer PE, - Utilities Engineer W Department of utility Services 7801 27th Street - Building A Vero Beach, FL 32960 Phone: 772-226-7823 <damio@comcast.ne1> Fo, damosdesigns@grnail.com Mon, Sep 13, 2021 at 3:40 PM 4A 112V HARRISON STREET (80' R/W) PORTION LOT I O O f O01 1 � M7 1 1 PROPOSED 2' YIPPWO 1 AND VALVE �, a '.. POIiT10�oiN1 T / LOT • HARRISON STREET (80' R/W) PORTION LOT I O O f O01 1 � M7 1 1 PROPOSED 2' YIPPWO 1 AND VALVE �, a '.. SITE PLAN STPTC TANK ABANDON" r ^ 1. THE CONTRACTOR 6 RE5POHSSLE FOR UTILITY XOONWCTS. THIS INCLUDES, BUT IS NOT UNITED TO, CAPPING OF WI -L5 410 A3WWNMENT OF SEPTIC TMW ALL UNDERGROUND PLUU814G IN RELATION TO THE SEr% TANKS MUST BE RENOYED, 2. SEPTIC TANKS MUST BE CRUSHED AND FLSED, THE CONTRACTOR SHALL SUBMIT A COPY OF THEIR SEPTIC SYSTEM ABANDONMENT PERMT ANC THE COUPLE" PORN THAT IS SMTRED Br A HEALTH OEFAEnIXt OFFICIAL AS INSTRUCTED ON THE CNECKLST WITH THIER CLOSURE PAOAGE. CHAPTER 84E. -6.01I AND TAE -8,019 OF THE FLORIDA ADINLSTRARVE CODE SETS 11HE RUM FOR THE PROPER PROCEDURE Of ABANOOHMETR OF SEPTIC TANKS GENERIC U'' m SPECWiCAas: 1, ALL FILL MATERIAL 5 TO BE N PLACE. AND COMPACTD BEFORE TWA LAITON OF PROPOSED UTILITIES. 2. CONTRACTOR SPILT. NM THE UTILITY M1114OR IITIES INSPECTORS 72 HOURS BEFORE CONNECTING TO ANY DOSONG UNE: I SANITARY MIR PIPE STILL MEET IRC STANDARDS. 4. MkIMUM TRENCH WIDTH SHAT BE 2 FEET. 5. ANL 1RRJDES SHALL FOLLOW FOE' 1NNMLM SEPARATION REQUIREMENT' B. WITR/COOR SHALL MWQN A WXNUM OF OWER OF 36 10 -ES r'UR P?E DIAMETERS LIP N 00 iNCWpNC. 12 LACHES. 7. IN THE EVENT OF A NEROCAL CONFUCT BETWEEN MATER UNES, SANITARY LINES, STONY EINES AND OAS LINES (E%5TUIC AND PROPOSED), THE SANITARY UNE SHALL BE DUCTILE IRON PIPE WITH MECHANrAL Mn AT LEAST 10 FEET ON BOTH SIDES OF CROSSING, THE WATER LINE SMALL HAVE MECHMNM JONTS WITH APPROPUTE THRUST SLOWNG AS REQUIRED TO PROAOE A VIN UM OF I8' 0DRAMM wEEnNG REDUIREYENTS OF ANSI A21.10 OR ANSI 21.11 IAMWA C-151; (CIASS 50) 8. LINES UN)LROROUND SHILL BE NS &M. INSPECTED AND APPROVED BEFORE 81,001.1.1W. 9. ALL CONCRETE FOR E CASEMENTS SHALL NODE A YRIMUM 28 DAY COMPRESSIVE STRENGTH AT 3000 PUJ. t0. DGMM b'RUDES SHAH. BE VERIFIED 9I FIELD PRIOR TO 'INSTALLATION OF ANY NEW LINES. I1, OOHNTRACTOR S RESPONSIBLE FOR COMPLYING 'MRN THE MOST CURRENT SPECIFICATIONS OF NDIANN RIVER COUNTY 411114 REGARDS M 12. THE CONiPACiDR IS SPECIF-OLLY CAUTIWw^7 TMT THE LOCAP.0 AND/OR MATO OF E)MNG UTILITIES AS -SHOWN ON THESE PUNS B BASED ON RECORDS Of THE VARIOUS UWTY ATUES, AND WiNY'RE FOSSSLE, )SUR ANTS TA10 1N THE RELD. THE XFORMSO(Ti'S NOT TO BE RELiiD ON AS BEING EYALT OR COMPLETE. THE CONTRACTOR MUST CAL THE APPROPRIATE UI7UT! COMPANIES AT LEAST72 HOURS BEFORE ANY E(CAVATTON TO REOLVEST EVICT F#)D LOCATION OF UITUT)a IT SIWL BE THE RE5?ONABB.ITY OF THE CWIRACTOR TO RELOCATE ALL E?OSITiNG UILLDES WITCH CONFUCT WITH THE PROPOSED HIPROVEWIENTS TrsM ON THE PLANS. 13. CONTRACTOR SHALL COORORLATE WITH ALL UTillY COMPANIES FOR INSTALLATION EEOUIRINERIS AHD SPECRICATKAS. 14. CONTRACTOR SHALL PROCURE ALL AS --WILT M NGS FKEwl NOMI RIVER COUNTY UTILITIES KWRB04M 15, WATER PIPE SHALL. MELT INDIAN MYE2 COUNTY SPEOR)ICAtiIONS. GENERAL CONSTRUCTION NOTES i. THE C NTRACROR SMALL BE R SP*68LE TO FtMM AL AVEMiA. AND LABOR TO CONSTRUCT THE FACILITY AS SHOWN MHO C£RCRBED N THE CONSTRICTION DOCUMENTS IN ACCORDANCE WITH THE APPROPRIATE APPROVING .A NAVIES, SPECIF011DNS MIO RFOUIFiE'MMENTS HE SHALL `ASH THE SITE PRIOR TO SOOIW TO DETERMINE am ml COMMONS. HE SHALL CLEAR U AND GRUB ALL AREAS UNLESS OTHERWISE INDICATED, RE)LCANG TITLES. S11.:PS, ROOTS,. MUCK. NO ALL OTHER DEL-7ERNOUS MATERIAL I AL COSTING UnUrgES SHOWN ARE LOCATED ACCOROING TO THE NFORMOCN AVMME TO THE ENGINEER AT THE 1W/E THE ORRAWINCS WERE PRBPAREB. THE ACIUN. _0070 OF ANY EXi K URUTIES S THE CONTRAIL-IOR'S RESPONSIBILITY AND SMALL BE DONE SUM HE C06MDKES AMY *M IN THE VICNTY. fLlITHER 10R£. INE CONTRACTOR SMALL BE FULLY RESPQMM-c FOR ANY AND ALL DAMAGES DUE TO THE CCf11RACTWI FALURE TO E7LACTLY LOCATE AND PTE'E£RVE ANY AND ALL VNCERCROUND UTILTRM THE OWNER OR ENONEER WILL ASSUME NO LIABILITY FOR ANY DAMA.ES WiAINED OR COST INCURRED BECAUSE OF IHE OPERATIONS IN THE Yom OF £ASiNG UT'eM OR 57RUCTiiRES, NOR FOR TEMPORARY SPACING AND SHORING OF SAME 'F T IS HECESSA , TO SHOM BRACE, SWING OR RELOCATE A UTILITY. THE UTILITY COMPANY OR OFJ'ARTMENT AFFECTED SHALL DE CONTAtti;) AND THEN PERMISSION 09AU48 RECARDNG THE METHOD TO USE FOR SUCH M. LOT 5 f s EX."S11NG SEMEN 111]1 CKI:0lG I+ATE vAL i �i '1 1 .APPROXIM. ANC 1 IT S THE COMPACTORS RESPONS1RRiTY TU CONTACT IHR: YA1iCUS JRUTY COMPANIES WITCH MAY HAVE BURIED OR AERIAL UPUM 9THN OR NEW THE CONSMCTiON AREA BEFORE DOMVUN.;NG WCOK THE CONTRACTOR SHALL PRONCE 48 HOURS 41NiMJ1f NOTICE TO ALL UTTUtY COMPANIES PRIOR TO BEGINNING COISrKOON. LT OF THE ULLQY COMPANIES WHICH THE MNIRA" TOR MUST CALL BEFORE COMMENCING WORK 5 PROVM ON THE 000 SHEET Of THESE CONSDIUCTON PIANS THIS LIST SERVES 95 A GUIDE ONLY AND 15 HOT INTENDED TO UNIT THE UTILITY +;[MPAIES WHICH THE CONTRACTOR WAY WISH TO MORAY. T. THE CORTRACTOR WALL BE RESPONSIBLE TO OBTAIN ALL REDLIRED CONSTRUCTION PERMITS AND BONDS PRIOR To COtSi"t1CnoN. s. THE COMTP,K;TOR '' 4NVE AVAILABLE AT me J08 SITE AT ALL WEES ONE ROPY OF THE CONTRACT DOCUNI 15 NO.UDW. COPIES =:F MAY REWIRED M—TRUCPON PERMITS. g, ANY DSCREPANCIES ON THE CONSTRL IOW ORAWINGS SHALL BE MUCOATELY BROUGHT TO THE ATM" OF THE OWNER BEFORE •ALOLFNGNG WORK NO FIELD ONNCFS OR DEVIATIONS FROM DESIGN ARE TO BE MADE WITHOUT PRIOR APPROVAL OF THE CWHEP, AND NOWA",1ON TD TK ERGNE'ER. R. AL COPIES OF COMPACTION, CONCRETE AND OTHER REQUIRED 'FST RESULTS ARE TO BE SEM TO THE OWNER AND TO THE ENGINEER OF RECORD ORRECTLY FROM THE TESTING ACENCY WTDiIN ,)HE (1) WEEK OF TESTS BENTPERFORMED. 4. THE CONTRACTOR SHIN 11 BE RESPONSBL. FOR SUBMITTING TO THE LiiYWM A CMM RECORD SURVEY WAED MPO S.AH.ED BY A PROFESSIONAL LAND SURVEYOR REGISTERED N THE STATE OF FUMBA OVICTNG THE ACTUAL FIELD LOCATION OF ALL CONSTRUCTED NPROVEIAE4TS ATILT ARE REOUFRED BY THE JURISCILTWMAL AGENCIES :00 THE CEwR' OPO ION PROCESS. ALL CERTIFIED RECORD SUR& -1 SHALL BE PROVIDED TO THE ENGINEER AT LEAST 70 DAIS PRIOR TO =XMIRWYED COMPLETION DATE it. ALL NECESSARY LIMECIfONS ANO/OR CWTIF1CATIONS REOUitED 9Y ::ODES, .Ax415GlCTiGNK 'ES AND/OR UTILITY SiAYiCE COMPANIES SHALL. DE PERFORMED PRIOR TO THE FINAL COHNECTAN OF SfiNF. i0. THESE PLANS ARE NRENOED TO AND SHILL. COWPLY WITH THE AMERICANS WITH DISABILITIES ACT AND THE FVADA ACCFSSEIL?i CODE V APPLICABLE). -1. ALL WGETAICIN FROM CL 4INO / GRUBBING WILL BE L16KGE Jf OFF-SITE. ` � n ' /2 POIiT10�oiN1 LOT 2 i LOT 3 LOT • ccvEr+Esa cancR' -- — �., ,..,� ® _ •'"•.• "`"'"' �r , 2' oPOSE➢ 2051 LF OF—[ 2' o PLC FORCEMN w DUSTING ONE STORY ' SEFRC 7AJAK 1 e 01 EBS BUILDING1 ETO 9H CONED PER Nps) N 1 E I ISTING ORAINFiELD ARCA fT0_'BE ASANDONEfl PCR 1NkSa (f) `j Ot1kPS I,R SITE PLAN STPTC TANK ABANDON" r ^ 1. THE CONTRACTOR 6 RE5POHSSLE FOR UTILITY XOONWCTS. THIS INCLUDES, BUT IS NOT UNITED TO, CAPPING OF WI -L5 410 A3WWNMENT OF SEPTIC TMW ALL UNDERGROUND PLUU814G IN RELATION TO THE SEr% TANKS MUST BE RENOYED, 2. SEPTIC TANKS MUST BE CRUSHED AND FLSED, THE CONTRACTOR SHALL SUBMIT A COPY OF THEIR SEPTIC SYSTEM ABANDONMENT PERMT ANC THE COUPLE" PORN THAT IS SMTRED Br A HEALTH OEFAEnIXt OFFICIAL AS INSTRUCTED ON THE CNECKLST WITH THIER CLOSURE PAOAGE. CHAPTER 84E. -6.01I AND TAE -8,019 OF THE FLORIDA ADINLSTRARVE CODE SETS 11HE RUM FOR THE PROPER PROCEDURE Of ABANOOHMETR OF SEPTIC TANKS GENERIC U'' m SPECWiCAas: 1, ALL FILL MATERIAL 5 TO BE N PLACE. AND COMPACTD BEFORE TWA LAITON OF PROPOSED UTILITIES. 2. CONTRACTOR SPILT. NM THE UTILITY M1114OR IITIES INSPECTORS 72 HOURS BEFORE CONNECTING TO ANY DOSONG UNE: I SANITARY MIR PIPE STILL MEET IRC STANDARDS. 4. MkIMUM TRENCH WIDTH SHAT BE 2 FEET. 5. ANL 1RRJDES SHALL FOLLOW FOE' 1NNMLM SEPARATION REQUIREMENT' B. WITR/COOR SHALL MWQN A WXNUM OF OWER OF 36 10 -ES r'UR P?E DIAMETERS LIP N 00 iNCWpNC. 12 LACHES. 7. IN THE EVENT OF A NEROCAL CONFUCT BETWEEN MATER UNES, SANITARY LINES, STONY EINES AND OAS LINES (E%5TUIC AND PROPOSED), THE SANITARY UNE SHALL BE DUCTILE IRON PIPE WITH MECHANrAL Mn AT LEAST 10 FEET ON BOTH SIDES OF CROSSING, THE WATER LINE SMALL HAVE MECHMNM JONTS WITH APPROPUTE THRUST SLOWNG AS REQUIRED TO PROAOE A VIN UM OF I8' 0DRAMM wEEnNG REDUIREYENTS OF ANSI A21.10 OR ANSI 21.11 IAMWA C-151; (CIASS 50) 8. LINES UN)LROROUND SHILL BE NS &M. INSPECTED AND APPROVED BEFORE 81,001.1.1W. 9. ALL CONCRETE FOR E CASEMENTS SHALL NODE A YRIMUM 28 DAY COMPRESSIVE STRENGTH AT 3000 PUJ. t0. DGMM b'RUDES SHAH. BE VERIFIED 9I FIELD PRIOR TO 'INSTALLATION OF ANY NEW LINES. I1, OOHNTRACTOR S RESPONSIBLE FOR COMPLYING 'MRN THE MOST CURRENT SPECIFICATIONS OF NDIANN RIVER COUNTY 411114 REGARDS M 12. THE CONiPACiDR IS SPECIF-OLLY CAUTIWw^7 TMT THE LOCAP.0 AND/OR MATO OF E)MNG UTILITIES AS -SHOWN ON THESE PUNS B BASED ON RECORDS Of THE VARIOUS UWTY ATUES, AND WiNY'RE FOSSSLE, )SUR ANTS TA10 1N THE RELD. THE XFORMSO(Ti'S NOT TO BE RELiiD ON AS BEING EYALT OR COMPLETE. THE CONTRACTOR MUST CAL THE APPROPRIATE UI7UT! COMPANIES AT LEAST72 HOURS BEFORE ANY E(CAVATTON TO REOLVEST EVICT F#)D LOCATION OF UITUT)a IT SIWL BE THE RE5?ONABB.ITY OF THE CWIRACTOR TO RELOCATE ALL E?OSITiNG UILLDES WITCH CONFUCT WITH THE PROPOSED HIPROVEWIENTS TrsM ON THE PLANS. 13. CONTRACTOR SHALL COORORLATE WITH ALL UTillY COMPANIES FOR INSTALLATION EEOUIRINERIS AHD SPECRICATKAS. 14. CONTRACTOR SHALL PROCURE ALL AS --WILT M NGS FKEwl NOMI RIVER COUNTY UTILITIES KWRB04M 15, WATER PIPE SHALL. MELT INDIAN MYE2 COUNTY SPEOR)ICAtiIONS. GENERAL CONSTRUCTION NOTES i. THE C NTRACROR SMALL BE R SP*68LE TO FtMM AL AVEMiA. AND LABOR TO CONSTRUCT THE FACILITY AS SHOWN MHO C£RCRBED N THE CONSTRICTION DOCUMENTS IN ACCORDANCE WITH THE APPROPRIATE APPROVING .A NAVIES, SPECIF011DNS MIO RFOUIFiE'MMENTS HE SHALL `ASH THE SITE PRIOR TO SOOIW TO DETERMINE am ml COMMONS. HE SHALL CLEAR U AND GRUB ALL AREAS UNLESS OTHERWISE INDICATED, RE)LCANG TITLES. S11.:PS, ROOTS,. MUCK. NO ALL OTHER DEL-7ERNOUS MATERIAL I AL COSTING UnUrgES SHOWN ARE LOCATED ACCOROING TO THE NFORMOCN AVMME TO THE ENGINEER AT THE 1W/E THE ORRAWINCS WERE PRBPAREB. THE ACIUN. _0070 OF ANY EXi K URUTIES S THE CONTRAIL-IOR'S RESPONSIBILITY AND SMALL BE DONE SUM HE C06MDKES AMY *M IN THE VICNTY. fLlITHER 10R£. INE CONTRACTOR SMALL BE FULLY RESPQMM-c FOR ANY AND ALL DAMAGES DUE TO THE CCf11RACTWI FALURE TO E7LACTLY LOCATE AND PTE'E£RVE ANY AND ALL VNCERCROUND UTILTRM THE OWNER OR ENONEER WILL ASSUME NO LIABILITY FOR ANY DAMA.ES WiAINED OR COST INCURRED BECAUSE OF IHE OPERATIONS IN THE Yom OF £ASiNG UT'eM OR 57RUCTiiRES, NOR FOR TEMPORARY SPACING AND SHORING OF SAME 'F T IS HECESSA , TO SHOM BRACE, SWING OR RELOCATE A UTILITY. THE UTILITY COMPANY OR OFJ'ARTMENT AFFECTED SHALL DE CONTAtti;) AND THEN PERMISSION 09AU48 RECARDNG THE METHOD TO USE FOR SUCH M. LOT 5 f s EX."S11NG SEMEN 111]1 CKI:0lG I+ATE vAL i �i '1 1 .APPROXIM. ANC 1 IT S THE COMPACTORS RESPONS1RRiTY TU CONTACT IHR: YA1iCUS JRUTY COMPANIES WITCH MAY HAVE BURIED OR AERIAL UPUM 9THN OR NEW THE CONSMCTiON AREA BEFORE DOMVUN.;NG WCOK THE CONTRACTOR SHALL PRONCE 48 HOURS 41NiMJ1f NOTICE TO ALL UTTUtY COMPANIES PRIOR TO BEGINNING COISrKOON. LT OF THE ULLQY COMPANIES WHICH THE MNIRA" TOR MUST CALL BEFORE COMMENCING WORK 5 PROVM ON THE 000 SHEET Of THESE CONSDIUCTON PIANS THIS LIST SERVES 95 A GUIDE ONLY AND 15 HOT INTENDED TO UNIT THE UTILITY +;[MPAIES WHICH THE CONTRACTOR WAY WISH TO MORAY. T. THE CORTRACTOR WALL BE RESPONSIBLE TO OBTAIN ALL REDLIRED CONSTRUCTION PERMITS AND BONDS PRIOR To COtSi"t1CnoN. s. THE COMTP,K;TOR '' 4NVE AVAILABLE AT me J08 SITE AT ALL WEES ONE ROPY OF THE CONTRACT DOCUNI 15 NO.UDW. COPIES =:F MAY REWIRED M—TRUCPON PERMITS. g, ANY DSCREPANCIES ON THE CONSTRL IOW ORAWINGS SHALL BE MUCOATELY BROUGHT TO THE ATM" OF THE OWNER BEFORE •ALOLFNGNG WORK NO FIELD ONNCFS OR DEVIATIONS FROM DESIGN ARE TO BE MADE WITHOUT PRIOR APPROVAL OF THE CWHEP, AND NOWA",1ON TD TK ERGNE'ER. R. AL COPIES OF COMPACTION, CONCRETE AND OTHER REQUIRED 'FST RESULTS ARE TO BE SEM TO THE OWNER AND TO THE ENGINEER OF RECORD ORRECTLY FROM THE TESTING ACENCY WTDiIN ,)HE (1) WEEK OF TESTS BENTPERFORMED. 4. THE CONTRACTOR SHIN 11 BE RESPONSBL. FOR SUBMITTING TO THE LiiYWM A CMM RECORD SURVEY WAED MPO S.AH.ED BY A PROFESSIONAL LAND SURVEYOR REGISTERED N THE STATE OF FUMBA OVICTNG THE ACTUAL FIELD LOCATION OF ALL CONSTRUCTED NPROVEIAE4TS ATILT ARE REOUFRED BY THE JURISCILTWMAL AGENCIES :00 THE CEwR' OPO ION PROCESS. ALL CERTIFIED RECORD SUR& -1 SHALL BE PROVIDED TO THE ENGINEER AT LEAST 70 DAIS PRIOR TO =XMIRWYED COMPLETION DATE it. ALL NECESSARY LIMECIfONS ANO/OR CWTIF1CATIONS REOUitED 9Y ::ODES, .Ax415GlCTiGNK 'ES AND/OR UTILITY SiAYiCE COMPANIES SHALL. DE PERFORMED PRIOR TO THE FINAL COHNECTAN OF SfiNF. i0. THESE PLANS ARE NRENOED TO AND SHILL. COWPLY WITH THE AMERICANS WITH DISABILITIES ACT AND THE FVADA ACCFSSEIL?i CODE V APPLICABLE). -1. ALL WGETAICIN FROM CL 4INO / GRUBBING WILL BE L16KGE Jf OFF-SITE. ` � n ' /2 [{ A10 County Administrator's Matters Jan 23, 2024 El? Office of the ,- INDIAN RIVER COUNTY ADMINISTRATOR nut�� 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: Jan 10, 2024 SUBJECT: Joint Meeting — City of Fellsmere and Indian River County Background & Discussion Former Chairman Earman met individually with the mayors of our cities and towns of the county and presented to the Indian River Board of County Commissioners (BOCC) on July 11, 2023, the request to hold a series of joint city -county meetings. The Board supported the Chairman's request. Staff coordinated with the Treasure Coast Regional Planning Council as well as the cities of Sebastian and Vero Beach. Staff will follow up and coordinate with the remaining other city and towns. The first Joint Meeting between the City of Sebastian City Council and the BOCC was held on Thursday, September 21s' at the IRC North Library in Sebastian. The meeting was positive, and a commitment was made to continue these meetings on at least a twice per year basis. The second Joint Meeting was held with the City of Vero Beach City Council and the BOCC on Tuesday, October 24, 2023, and all agreed to meet twice per year moving forward. 480 County Administrator's Matters Jan 23, 2024 Below represents a list of topics proposed by the City of Fellsmere and IRC staff: Transportation CR512 Cross -Sections and Access Management (Consultant Presentation) Myrtle/(CR507) Broadway and Other Road Transfers Fellsmere Development and Use of Transportation Impact Fees 4;tnrmwntPr FWCD Maintenance Utilities Brief Overview - IRC Utilities Update (Sean Lieske) East of 1-95/Corrigan Ranch West of 1-95/Tropical Village Estate Staff Recommendation Discuss and provide consensus on the agenda items listed. i e i i 481 January 23, 2024 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: January 10, 2024 SUBJECT: County Attorney Recruitment Process FROM: Susan Adams Commissioner, District 1 I would appreciate a discussion with my fellow commissioners regarding the County Attorney recruitment process. 482 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: January 19, 2024 To: Solid Waste Disposal District Board of Commissioners Prepared By: John A. Titkanich, Jr., ICMA-CM, AICP, County Administrator Subject: Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC Descriptions and Conditions: On February 5, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board directed staff to enter negotiations with the Indian River Eco District, LLC (IRED) for their purchase of landfill gas (LFG) created at the County's landfill. The SWDD Board agreed that the landfill -generated gas, which is currently being flared off, posed a potential health and safety risk and that it could be better used for other purposes rather than flaring. On July 16, 2019, the SWDD Board approved the Landfill Gas Agreement with IRED wherein they purchase the LFG for the production of electricity and/or conversion to Renewable Natural Gas (RNG). On July 14, 2020, the Board approved Amendment No. 1 to the Landfill Gas Agreement confirming IRED's desire to pursue an RNG project and extend the LFG commencement date to September 30, 2021, as well as to increase the landfill gas for a potential leachate project and to reduce the cure period from six months to three months for any further delay in the commencement date. On May 18, 2021, the Board approved Amendment No. 2 to he Landfill Gas Agreement further clarifying the LFG commencement date and amended additional terms of the LFG agreement to include mutual targets to optimize the quantity and quality of the landfill gas to the financial benefit of both parties. On October 12, 2021, a presentation was made to the Board by IRED to introduce Nopetro RNG, LLC, with whom they have formed a joint venture in order to form Nopetro Eco District, LLC, which will design, finance, build and operate the RNG facility on the IRED property. On December 7, 2021, the SWDD Board approved the Consent to Assisgnment of the Landfill Gas Agreement from the Indian River Eco District, LLC, to Nopetro Eco District, LLC (NED). On December 20, 2022, the Board approved Amendment No. 3 to the LFG Agreement to grant 12 months to LFG Commencement Date from June 30, 2023 to June 30, 2024. The final LFG Termination Date was also extended from September 30, 2023 to September 30, 2024. This request was made by NED due to several factors which included the landfill producing minimum Acceptable Landfill Gas to allow them to proceed with the financing of their project as well as some change in the design of their equipment to process LFG to RNG. In Amendment No. 3, NED had certain milestones to meet to ensure that the project was proceeding in a proactive manner. These milestones included providing evidence of certain contracts for purchase of b2809f82-7f2c-4f56-93ac-213cfea4fa57 Page 1 of 3 485 SWDD Item their major equipment and the timely submittal of their air permit, site plan permit and building permit. NED has successfully met these milestones. However, NED has requested a contract extension based on the requirement of their project financing entity, Pathwork Bank Credit, to ensure that the termination of this agreement is beyond the project schedule for completion. There were other additional changes tha were requested by NED; however, both parties have agreed to extend the agreement with a compensation of $60,000 to SWDD and to continue discussion on the other items for a future amendment. At the Regular Meeting on January 9, 2024, the item was tabled and staff was directed to continue working with Nopetro Eco District, LLC to address concerns regarding certain definitions and clarification of expenses and responsibility for the same. Staff met with representatives of NED on Wednesday, January 10th, and subsequently met with the staff of the County Attorney's office that day. Staff and the County Attorney's Office met with NED representatives and their attorney on Friday, January 12tH General agreement resulted on the provisions for the Amendment to the Agreement subject to the language being drafted by both parties attorneys. The final revisions on Amendment No. 4 to the Agreement was finalized late Thursday, January 181h. Both parties have negotiated in good faith to present the attached Amendment No. 4 to the Landfill Gas Agreement for approval by the SWDD Board. Analysis: The request by NED for an extension of the LFG commencement date is supported by staff. The Parties have agreed to the change of the LFG Commencement !Date from June 30, 2024 to February 28, 2025, with NED paying the SWDD a pre -start-up fee of $60,000 upon 30 days of the Effective Date of this Amendment. The Parties have also agreed to the change of the LFG Termination Date from March 31, 2025 to May 31, 2025. *- a%f Utoq CCO ® "7%, The Parties have also agreed that if the project is substantially complete, i.e., there is physical evidence showing that the plant is built and that NED is taking active steps to get the plant started, then we would allow them additional time beyond May 31, 2025 to achieve the LFG Commencement Date. However, in the event that the plant is not substantially complete by May 31, 2025, then NED has agreed to pay a $20,000 per month fee for liquidated damages until the LFG Commencement Date is reached. The Parties agreed to identify and clarify the associated expenses of the project subject to the agreement, see Exhibit E. The Board will note that expenses such as taxes were limited to General Fund Ad Valorem & Tangible Personal Property Taxes; the Management Fee is capped to not exceed $700,000 per annum; Miscellaneous expenses are capped to not exceed $25,000 per annum; and the only expense related to debt service is the interest expense. The principal debt service payment will not be deducted as part of the calculation for the County Royalty. Additionally, the parties agreed that the expenses will be limited to this project, and that can found in the appropriate definitions for Itemized Expense and Interest Expense, as well as in Net Proceeds, which specifically refers to the Facility. NED agreed to assume responsibility of the operating expenses of the Gas Booster Pump. Finally, the Parties agreed to a provision to reconvene to further define, clarify, and finalize the division of responsibilities and operating procedures under Sections 3.1 and 3.2, and this should shortly occur after groundbreaking and no later than June 30, 2024. b2809f82-7f2c-056-93ac-213cfea4fa57 Page 2 of 3 4A SWDD Item Funding: No funding is requested in this agenda item, this is an amendment to an existing agreement. Recommendation: Staff recommends the SWDD Board approve Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC. Attachment: 1) Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC 2) Exhibit E to Agreement b2809f82-7f2c-4f56-93ac-213cfea4fa57 Page 3 of 3 * AMENDMENT NO. 4 TO LANDFILL This Amendment No. 4 ("Amendment No. 4") Agreement, (as amended and modified prior hereto, the "Agi Indian River County Solid Waste Disposal District, a dept River County, Florida (the "District") and Nopetro Eco I Liability Company (the "Company" or "NED"), successor b Eco District, LLC (the "IRED"), is made and entered iv ("Effective Date"). The District and the Company are each "Parties". WHEREAS, the District and IRED entered into the 2019 (the "Original Agreement") pursuant to which the Di would accept, landfill gas from the District, which Origina three times by the Parties: on July 14, 2020 ("Amends ("Amendment No. 2") and December 20, 2022 ("Amendm WHEREAS, both Parties agree to extend the LFG Termination Date by eight (8) months in consi $60,000.00 as defined below; WHEREAS, both Parties agree to commit to Sections 3.1 and 3.2 by June 30, 2024, as both responsibilities are not clearly defined under those c AGREEMENT to that, certain Landfill Gas tment"), by and between the Ldent special- district of Indian strict, LLC, a `Florida Limited assignment from Indian River `;o as of , 2024 "Party" and collectively the kgreement dated as of July 16 trct would deliver and IRED Agreement has been amended ent No. 111), May. 18, 2021 at No. Y); and Commencement Date and the on of an additional payment of d operating procedures under agree that the division of and WHEREAS, the Company and IRED entered in o that certain Assignment and Assumption Agreement (the "Assignment") dated as ofT lovember 29, 2021 pursuant to which IRED assigned to the Company and the Compan I assumed all of IRED's rights and obligations under the Agreement. NOW, THEREFORE, in consideration of the remises, any prior claims for Force Majeure having been resolved, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto agree to amend and modify the Agreement and all prior amendments as follows: 1. The above recitals are true, correct and describe the intent of the Parties concerning Amendment No. 4. 2. The Parties agree to reconvene shortly after gro ndbrealang to further define, clarify, and finalize the division of respo ibilities and operating procedures under Sections 3.1 and 3.2, no later t an June 30, 2024. ARTICLE 1— DEFINITIONS Section 1.1 is amended to strike "Gross Receipts" as a defined term from the Agreement (and subsequent) and replaced or substituted with "Net Proceeds" as follows Amendments (other clauses or definitions not referenced below will staj as written): Page 1 of 5 4 E/f Interest Expense — means the monthly cost of interest on di construction of the Facility and not to include subsidiaries. Itemized Expense — means the cost accrued per month, li accompanying annual cap under the Cost of Goods Sold, Administrative Expenses (SG&A), and Other Costs, whip RNG Facility and not to include subsidiaries as reflected financed for the ted to the listed items and any ,fling General and are directly related to the Exhibit E. Net Proceeds - means the gross receipts received by the Company per month (as reflected in the Monthly LFG Statement) from the sale of RNG fro he Facility, including any and all Environmental Attributes minus the Itemized Exile e. ARTICLE 2 - TERM, RENEWAL AND MILESTONES Section 2.1 is amended to read as follows (other clauses not referenced below will stay as written): 2.1. This Agreement shall take effect on the Effective Date and continue for a period of twenty (20) years following the LFG Commencement Date (the "Initial Term"), unless terminated earlie� or extended in the manner as provided herein. j The Parties herein agreed to change the June 30, 2024 to February 28, 2025, ur (the "LFG Commencement Date").'f the Company paying the District a pre days of the Effective Date of this Am with this extension, all claims of Foi G Commencement Date from s extended as provided herein agreement is contingent upon rt -up fee of $60,000 upon 30 lment. The Parties agree that Majeure arising prior to the execution of this Amendment 4 to the Agr�ement have been resolved and released, and further agree that no such p or claim of Force Majeure can be raised as an excuse for future nonpNko ance. The Parties herein also agreed to change the LFG Termination D to from September 30, 2024 to May 31, 2025, unless extended as �rovided herein (the "LFG Termination Date"). If the LFG Commepcement Date has not occurred by May 31, 2025 (subject to extension b� Force Majeure), Section 13.1 shall apply. Company shall meet the following mi progress toward achieving the LFG the obligations of this Agreement: a) Groundbreaking shall occur by The above milestones shall be extended fo District, acknowledged in writing by the ] Majeure, but only to the extent of and for ARTICLE 3 -THE PARTIES' LFG FACILITIES as a demonstration of their Date and meeting 30, 2024. any delays caused solely by the listrict, or by an event of Force he duration of any,such delay. Section 3.1 is amended by the insert of Sections 3.lK to read as follows (other clauses not Page 2 of 5 461 referenced below will stay as written): 3.1. District Responsibilities and Obligations.. K. The District has purchased and fabricated a High -Pressure Skid System with chiller to provide pressurized dry gas to the Company at 4 PSIG (pounds per square inch gauge) asdesigned and shown in the attached drawings. The District will install the High -Pressure Skid. System prior to the commissioning of the RNG Plant. In addition, the District will be responsible for measuring and recording the quantity and quality of LFG that is delivered to Company at the Delivery Point, which is on the District's property, and this information will be used to correlate Acceptable Landfill Gas with the Company. The District will, at a minimum, factory calibrate the flow and quality metering equipment at least twice per year and provide copies of those calibrations to the Company. The District makes no guarantee ofdelivered gas quality, quantity, pressure temperature, or any other measure. ARTICLE 13 -TERMINATION AND REMEDIES Section 13.1 is amended to read as follows (other clauses not referenced below will stay as written): 13.1 Delay in Achieving LFG Commencement Date. If the Company has not met the LFG Commencement Date as set forth in Section 2. 1, the Company will pay the District $15,000 a month as liquidated damages and not as `a penalty for each month until the LFG Commencement Date has occurred or untie the Agreement has terminated. If the LFG Commencement Date has not occurred by May 31, 2025 (subject to extension due to Force Majeure), then this Agreement shall terminate and neither Party shall have any further rights, obligations, or liabilities hereunder, provided, however, that the District shall not have the right to terminate this Agreement pursuant to this paragraph if on or prior to May 31, 2025 (or such other date as may be extended due to Force Majeure), the Company provides reasonable evidence to the District that (i) the RNG Plant has been substantially built, as evidenced by site visits and/or photographic evidence, showing that the plant is visible and substantially built, and (ii) the Company is taking active steps to cure and overcome any circumstances or issues causing the delay of the LFG Commencement Date and the Company is using its commercially reasonable efforts to expedite the LFG Commencement Date; and (iii) the Company pays $20,000 per month as liquidated damages and not as a penalty for each month until the LFG Commencement Date has occurred. A. Delay in Meeting Milestones. If the milestones listed in Section 2.1 are not met by Company, then Company shall pay District as follows: iii. $15,000 per month for the 3rd milestone not achieved (prorated for a partial month) until milestone is achieved. Milestone Payments. The total amount of the liquidated damages is payable from Company to District within thirty (30) days of invoice from.District to Company. No liquidated damages payable or payment pursuanttt� Section 13.1 may be deducted from the gross receipts received by the Company for the sale of RNG from the Facility in the calculation of Net Proceeds. Page 3 of 5 46 V ARTICLE 16 -GENERAL TERMS Section 16.14 Notices is amended to update the contact information of the Parties as follows (other clauses not referenced below will stay as written): As to District: John A. Titkanich, Jr., County Administrator Indian River County Administration Building 1801 27th St. Vero Beach, FL 32960 Phone: (772) 226-1408 Email: jtitkanich@indianriver.gov and a copy to the Assistant County Attorney at the same address K. Keith Jackman Phone: (772) 226-1422 Email: kjackman@indianriver.gov As to Company: Jorge Herrera, Chief Executive Officer 150 SE 2nd Avenue, PHI Miami, Florida, 33131 Phone: (305) 441-9059 Fax: (305) 441-9085 Email: jherrera@nopetro.com and a copy to the Company Attorney at: Emilio Alvarez Greenberg Traurig 333 SE 2nd Ave, Suite 4400 Miami, Florida 33131 Phone: (305) 579-0703 Fax: (305) 579-0717 Email: alvarezem@gtlaw.com Mike Whitney, Senior Vice President 150 SE 2nd Avenue, PHI Miami, Florida, 33131 Phone: (517) 712-4996 Fax: (305) 441-9085 Email: mwhitney@nopetro.com Peter J. Sweeney Block & Scarpa 601 21St Street, Suite 401 Vero Beach, FL 32960 Phone: (772) 794-1918 Email: psweeney@blockscarpa.com All other sections and contents of the Agreement shall remain the same. [Remainder of Page Intentionally Left Blank] Page 4 of 5 AM IN WITNESS WHEREOF, District and Company hereto have executed this Amendment No. 4 as of the date first written above. Attest: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk Date Approved by SWDD: By Owner: Solid Waste Disposal District Indian Rive4 County, Florida Susan Chairman Approved By: By Company: NOPETRO kCO DISTRICT, LLC John A. Titkanich, Jr., County Administrator Print Name: Print Title: Approved as to Form and Legal Sufficiency By: Print Date: K. Keith Jackman, Assistant County Attorney LIZ FWC Agreement No. Enter CFDA Number(s) Section 28. MEDIATION. In the event of any claim or dispute arising by or between the Commission and the Recipient, each party shall continue to perform as required under the Agreement, notwithstanding the existence of such claim or dispute, it being acknowledged that time is of the essence. This provision includes, but is not limited to, the obligation to continue to perform under the Agreement notwithstanding disputes as to amounts due for payment hereunder. Except for any claim, dispute, or matter in question that has been waived by the acceptance of final payment, or that is otherwise barred by the applicable statute of Limitations or other provision of law, any claim, dispute, or other matter in question arising out of, or relating to, the Work or the Agreement or the breach thereof, shall be first submitted to non-binding mediation by a single mediator in Tallahassee, Florida The party making a claim or dispute shall notify the other in writing of its claim or dispute within ten working days of the event giving rise to the claim or dispute. Such notice shall give the other party ten working days from receipt of the notice to respond in writing. ii. If the party initiating such notice is not satisfied with the response, then it shall invoke this clause initiating non-binding mediation by sending a demand for mediation in writing to the other party within seven (7) days. iii. The Parties have two weeks after notice to agree in writing upon a mediator. iv. If the Parties cannot agree upon a Florida Supreme Court certified mediator, then the Parties shall request the Chief Judge of the Second Judicial Circuit in Leon County, Florida, to appoint a Florida Supreme Court certified mediator. a. The mediator's fees shall be born equally by the Parties involved in the mediation and shall pay all of its own attorneys' fees and expenses related to the mediation unless otherwise agreed. b. Unless otherwise agreed by the Parties in writing, such mediation shall take place within forty-five (45) days of the appointment of, or agreement to, the mediator if the mediator's schedule so allows. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 36 of 45 296 FWC Agreement No. Enter CFDA Number(s) c. The terms of this Agreement and any dispute relating thereto will be governed by the laws of the State of Florida, any litigation will be brought in the state or federal court in and for Tallahassee, Florida, and you agree to submit to the exclusive jurisdiction of the state and federal courts located in and for the Leon County, State of Florida. d. All Parties agree to negotiate in good faith in an effort to settle any dispute. All Parties shall have a representative present at mediation with the authority to settle the case. v. Any resolution achieved at mediation shall be set forth in a written settlement agreement. vi. The Recipient shall require all the dispute resolution provisions and requirements set out in this Section in each contract it makes with any Subcontractor, material supplier, equipment supplier, or fabricator. vii. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of Limitations, or otherwise. Unless otherwise agreed in writing, the Recipient shall carry on the Work and maintain its performance of this Agreement during any claim, dispute, or mediation. If any matter sought to be mediated by the Commission or the Recipient involves a claim or other matter by or against the Consultant, any Subcontractor, any Separate Contractor, or any other third party, or any such entity is reasonably necessary to be joined in the mediation to permit a full and complete disposition of the dispute submitted hereunder, then the Consultant, Subcontractor, Separate Contractor or third party shall be joined by personal service of the notice demanding mediation. Such termination of the mediation shall not preclude any party from commencing any judicial proceeding in a court of competent jurisdiction in Leon County, Florida, providing the claims sought to be decided are not otherwise barred. Any demand for mediation and any answer to such demand must contain a written statement of each claim alleged and the dollar amount in controversy sought in each claim. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 37 of 45 297 FWC Agreement No. Enter CFDA Number(s) Should mediation fail to resolve the claim submitted, the Parties may then proceed to seek applicable remedies at law. The agreement to mediate set forth in this Section shall apply to, and become part of, any Subcontract, any contract into which these General Conditions are incorporated by reference or otherwise, and the Parties to such contract shall mediate all disputes arising out of, or in any way relating to, that contract or the Project in accordance with the provisions of this Section. Section 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a dispute that arises out of or relates to this Agreement. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If a court or other tribunal finds any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and the remaining provisions of this Agreement. The Parties have selected the Second Judicial Circuit in Leon County, Florida, as the mandatory and exclusive forum for resolving any dispute, in law or equity, that arises out of or relates to the Parties' transactions. By signing this Agreement, Recipient affirms that Recipient considers the Second Judicial Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind designed to resolve such a dispute. The Recipient will not initiate in any other forum a legal action or other proceeding to which this provision applies. Section 30. J U RY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Recipient of quantum meruit. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 38 of 45 298 1 FWC Agreement No. Enter CFDA Numbers Section 31. NO THIRD -PARTY RIGHTS. The Parties hereto do not intend, nor shall this Agreement be construed, to grant any rights, privileges or interest to any person not a party to this Agreement. Section 32. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Recipient of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Recipient knowingly employs unauthorized aliens. Section 33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term; and 2.) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E -Verify system can be found online at https://www.e-ye-cLfy.q-ov. C. Enrollment in E -Verify. As a condition precedent to entering a Contract with the Commission, Contractors and Subcontractors shall register with and use the E -Verify system. Failure to do so shall result in the Contract not being issued, or if discovered after issuance, termination of the Contract. Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 39 of 45 299 FWC Agreement No. Enter CFDA Number(s) D. E -Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E -Verify Program. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. E. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Contract and the Commission may treat a failure to comply as a material breach of the Agreement. If the Commission terminates the Contract pursuant to Section 448.095(2)(c) Florida Statute, the contractor may not be awarded a public contract for at least 1 year after the date on which the contract was terminated and the Contractor is liable for any additional costs incurred by The Commission as a result of the termination of this Contract. Section 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Recipient believes is excusable under this paragraph, Recipient shall notify the Commission's Contract Manager in writing of the delay or potential delay and describe Recipient/Subrecipient AgreementLast Revised: 3.20.2023 Page 40 of 45 300 t z z o e W YF w� J M43htl WBS t �< ~ m W a cv w o p a m z 0 0 Z a $ p c7 n antl wze j Z W N P W U F b QZ.N W > z OFNao -1-6 V6q mWN w�< J Fm 1 J� x z 8 w w Q Q �tl WYL MY �tl WYL M i z 0 W(D Z li V/ ";oai 80 8O OW N v 6' O J � M z„ >_ o U.Q p=er iz m o� - 0 vUwi W Q n Bn Q Cl) LU U W Z 0 a U Z iWo w nm Q J Ozp Z < r i _ W S2 O LL a U W z N LU LL o V'^ T^ O z a K Cl) 3 to aw W N Z o N o7 F i O az O W r U w LU W J a J_ w aW �CN w0 Z —M-� O 444 Q W > H _ W z b aQg 'w n o r �' jig Qy _ 11yy > ''� <oaN � M Z h�a �i Z U C G a Z ca o� aH Z F W m Q i is d zw n M W« K ; jzmow Q O w u a rcw< F << x x Z < Q Q W ���N W ♦-Lu t iLd u� iW z n Q' zw i a. 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