Loading...
HomeMy WebLinkAbout01/09/2024COUNTY COMMISSIONERS Susan Adams, District 1, Chairman Joseph Flescher, District 2, Vice Chairman Joseph H. Earman, District 3 Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JANUARY 9, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov John A. Titkanich, Jr., County Administrator William K. DeBraal, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Christina Moore, Sr. Pastor, Rhema Apostolic International Deliverance Center 3. PLEDGE OF ALLEGIANCE Commissioner Joseph Flescher 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Proclamation Recognizing Human Trafficking Awareness in Indian River County Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of November 7, 2023 6.B. Regular Meeting of November 21, 2023 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION January 9, 2024 Page I of 8 7.A. Proclamation Honoring Mable Mills On Her Retirement From Indian River County Board of County Commissioners Solid Waste Disposal District Attachments: Proclamation 7.B. Proclamation Honoring Amy L. Cosner on her Retirement from Indian River County Board of County Commissioners, Department of Utility Services/Water Distribution Division Attachments: Proclamation 7.C. 2024 Committee Assignments by Commissioner Attachments: 2024 Committee Assignments by Commissioner 7.D. 2024 Treasure Coast Regional Planning Council (TCRPC) Appointments Attachments: Memo Ltr to TCRPC re: 2024 Assignments 7.E. City of Vero Beach, Notice of 'Voluntary Annexation: Ordinance No. 2023-24 for 4.07 acres of property located at 2301 43rd Avenue. Attachments: COVB Ordinance 2023-24 Voluntary Annxation 7.F. St. Johns River Water Management District (SJRWMD) 2024 Governing Board Meeting Schedule. Attachments: 2024 SJRWMD Governing Board Meeting Schedule 7.G. Indian River County Venue Event Calendar Review Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments November 10, 2023 to November 16, 2023 Attachments: Comptroller Division Staff Report 8.B. Checks and Electronic Payments November 17, 2023 to November 23, 2023 Attachments: Comptroller Division Staff Report 8.C. Checks and Electronic Payments November 24, 2023 to November 30, 2023 Attachments: Comptroller Division Staff Report 8.D. Checks and Electronic Payments December 1, 2023 to December 7, 2023 Attachments: Comptroller Division Staff Report 8.E. Quarterly Investment Report for Quarter Ending 09/30/2023 Attachments: Comptroller Division Staff Report 8.F. Quarterly OPEB Trust Report for Quarter Ending 09/30/2023 Attachments: Comptroller Division Staff Report January 9, 2024 Page 2 of 8 8.G. Updates to the Cash Surplus Funds Investment Policy Attachments: Comptroller Division Staff Report 8.H. Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) Attachments: Staff Report County Financing Interest Rate History 8.I. Updates to the Other Post -Employment Benefits Investment Policy Attachments: Comptroller Division Staff Report 8.J. Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 8, North County Water Plant Discharge Permit Renewal Attachments: Staff Report Invoice No 25802834 8.K. Fence Encroachment Agreement with Florida Power and Light Attachments: Staff Report Aerial Photo Fence Encroachment and Relocation Agmt 8.L. Approval of Continuing Geotechnical Engineering Consulting Services Agreements Attachments: Staff Report Agreement Exhibit 1 Rates 8.M. Approval of Continuing Architectural Consulting Services Agreements Attachments: Staff Report Agreement Exhibit 1 Standard Rates 8.N. Renewal of Annual Bid 2022027 for Natural Areas and Exotic Vegetation Management/ Mowing Attachments: Staff Report Second Extension - John Brown & Sons, Inc. 8.0. First Extension and Amendment to Agreement for Professional Roof Design, Evaluation, and Construction Oversight Services (RFQ 202003 1) Attachments: Staff Report First Extension and Amendment - A R C First Extension and Amendment - Jay Ammon First Extension and Amendment - REI January 9, 2024 Page 3 of 8 8.P. Award of Bid 2024012 - Annual Bid for County Parks Athletic Field Maintenance Attachments: Staff Report Haverland AG Innovations Bid Pricing 8.Q. Award of Bid 2024013 Demolition of Retail and Residential Structures Attachments: Staff Report Agreement 8.R. Second Extension to Agreements for Temporary Staffing Services (Bid 2022017) Attachments: Staff Report Temp Staffing Second Extension - Altrian Temp Staffing Second Extension - AUE Staffing Temp Staffing Second Extension - Blue Arbor Temp Staffing Second Extension - LF 8.S. Agreement with Carter Associates, Inc. for Design Services for Oslo Park Paving and Drainage Project (IRC -2308) Attachments: Staff Report Agreement with CAI 8.T. Pulte Home Company, LLC's Request for Final Plat Approval for Harbor Isle Phase I [SD -20-11-04 / 99070005-94300] Attachments: Staff Report Location Map.pdf Final Plat Layout.pdf 8.U. Sunburst/Encore, LP's Request for Final Plat Approval for the Sunshine Travel RV Resort Expansion [SD -21-06-02 / 2001010166-936241 Attachments: Staff Report Location Map.pdf Final Plat Layout.pdf 8.V. FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 2 and Resolution Authorizing the Chairman's Signature for CEI and Construction of 66th Avenue from 69th Street to CR-510/85th Street (IRC -1505B) FM No. 436379-2-54 Attachments: Staff Report Authorizing Resolution FDOT TRIP Supplemental Agreement No. 2 January 9, 2024 Page 4 of 8 8.W. Updated Guidebook for The Children's Services Advisory Committee Attachments: Staff Report CSAC Guidebook 01.04.24 AR 8.X. Amendment No. 2 - FDEP Grant Agreement No. 19IR3 (Vero Beach Restoration - Beach Management Sector 5) Attachments: Staff Report FDEP Grant Agreement 8.Y. Southeastern Fastpitch Inc. License Agreement dated January 9, 2024 Attachments: Staff Report LICENSE AGREEMENT Exhibit A Exhibit B Exhibit C 82. St. John's River Water Management District Cost Share Agreement Contract #38600 - Indian River County South Oslo Riverfront Conservation Area Floodplain Restoration Project Attachments: Staff Report Contract #38600 - SORCA 8.AA. Florida Department of Health EleGARD Grant Attachments: Staff Report Formal Scope of Work Fact Sheet Quote Workforce Training Program Costs Agency Training Plan 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.11.1. Request for Public Discussion by Barry Shapiro re: Annual Vero Beach Sock Drive Attachments: Request for Public Discussion B.Shapiro C. PUBLIC NOTICE ITEMS January 9, 2024 Page 5 of 8 10.C.1. Public Notice of Public Hearing for January 23, 2024, to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 1 Year with regard to Class B Biosolids Attachments: Staff Report 11. COUNTY ADMINISTRATOR MATTERS 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 12.G.1. Indian River County Shooting Range Standard Operating Procedure Guide Attachments: Staff Report Shooting Range SOP - UPDATED Draft Shooting Range LICENSE AGREEMENT Shooting Range Reservation Agreement 12.23 H. Planning and Development Services I. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Opioid Class Action Lawsuit Settlement Fund Allocation Attachments: Staff Report Resolution Approving Allocations re Opioid Staff Report from BCC Meeting of 12-12-23 Letter to Applicants re Opioid Opioid Settlement Planning- Presentation (002) January 9, 2024 Page 6 of 8 13.B. Sale/Donation of Former Gifford Gardens Apartments Property to Indian River County Habitat for Humanity, Inc. Attachments: Staff Report Agreement to Purchase and Sell Real Estate Indian River County American Rescue Plan Agreement Scope of Work 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 14.A. Proposed Resolution in Support of the Indian River County Strict Rainy Season Ban Urban Fertilizer Ordinance Attachments: Commissioners Memo Resolution 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 15.B.1. Approval of SWDD Meeting Minutes of November 7, 2023 15.11.2. Approval of SWDD Meeting Minutes of November 21, 2023 15.B.3. Work Order No. 5 to Geosyntec for Annual Permit, Compliance Monitoring, and Reporting for 2024 Attachments: Staff Report Work Order No 5 - Geosyntec 15.11.4. Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC Attachments: Staff Report Amendment No. 4 to Landfill Gas Agreement C. Environmental Control Board 16. ADJOURNMENT January 9, 2024 Page 7 of 8 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. 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 S: 00 p.m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. January 9, 2024 Page 8 of 8 Pro clamation RECOGNIZING HUMAN TRAFFICKING AWARENESS IN INDIAN RIVER COUNTY, FLORIDA -Whereas, Human Trafficking is the second largest criminal industry in the world and is a form of modern-day slavery in which human beings are controlled, abused and exploited for profit through labor and sex; and -Whereas, Human Trafficking is the fastest-growing crime in the world and children have become the primary target of traffickers and predators as reported by the Florida State Alliance to End Human Trafficking in 2022; and -Whereas, Florida ranks as #3 in the nation for human trafficking hotline calls while Human Trafficking. and Child Exploitation online is happening in our own backyards; and -Whereas, Local' agencies, organizations, business and faith leaders are connecting to bring an end to the enslavement and abuse of victims through awareness and tips to local law enforcement; and -Whereas, Florida Faith Alliance and Catch the Wave of Hope are working to alert Indian River County to the immediate crisis and the need for all to become educated and promote services and therapy for victims. Now,'Pherefore, be it Proclaimedby the Boardof County Commissioners oflndian River County, Florida, we recognize Florida Faith Alliance, Catch the Wave of Hope and other local organizations working to eliminate Human Trafficking. Together we can stop this travesty through awareness, education, restoration and legislation. Adopted this 9th 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 PYOC%LmatZOi2 HONORING MABLE MILLS ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS SOLID WASTE DISPOSAL DISTRICT Whereas, Mable Mills retired from Indian River County effective November 17, 2023; and W ereas, Mable Mills began her career with Indian River County on November 30,1998, as a Buildings and Grounds Custodian I, and then transferred to the Solid Waste Disposal District on April 11, 2003 in the recycling department; and then became a Scale House Operator on February 6, 2009 and remained in that position until her retirement; and "bVFiereas, Mable Mills has served this County and Public with distinction and selflessness, providing patrons with valuable information and help they were seeking during her almost 26 -year career at the Indian River County Solid Waste Disposal District; her work was appreciated by her employer, citizens, and co-workers alike; and Notiv, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board applauds Mable Mills' efforts on behalf of the County, and wishes to express their appreciation for the dedicated service she has given to Indian River County. Adopted this 9t" day of January, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman k a X+1 W 7c 2024 COMMITTEE ASSIGNMENTS BY COMMISSIONER SUSAN ADAMS — District 1 1. Treasure Coast Regional Planning Council (bi-monthly, 3rd Friday at 9:30 am) 2. Agriculture Advisory Committee (quarterly, 4th Thursday at 2:00 pm) 3. Affordable Housing Advisory Committee (4th Wednesday, even months, at 9:00 am) 4. Economic Development Council (odd months, 3rd Tuesday at 3:30 pm) 5. Metropolitan Planning Organization (monthly, 2nd Wednesday at 10:00 am) 6. Indian River Lagoon National Estuary Program, Board of Directors -- Alternate (bi-monthly, 2nd Friday at 9:30 am) 7. Florida Association of Counties — various committees (as needed) JOSEPH E. FLESCHER — District 2 1. Value Adjustment Board (2x per year) 2. Tourist Development Council (designated by BCC Chair; quarterly, 3rd Wednesday at 2:00 pm) 3. School Planning Elected Officials Oversight Committee (BCC Chairman or designee serves; once annually) 4. Public Safety Council for Criminal Justice, Mental Health and Substance Abuse (BCC Chairman or designee; as needed) 5. Audit Selection Committee (last meeting held in 2020; every 5 years) 6. Metropolitan Planning Organization (monthly, 2nd Wednesday at 10:00 am) JOSEPH EARMAN — District 3 1. Value Adjustment Board (2x a year) 2. Indian River Lagoon National Estuary Program Board of Directors (bi-monthly, 2nd Friday at 9:30 am) 3. Beach & Shore Preservation Advisory Committee (monthly, 3rd Monday at 3:00 pm) 4. Play Treasure Coast Sports Tourism Board of Directors 5. Metropolitan Planning Organization (MPO) (monthly, 2nd Wednesday at 10:00 am) 6. Treasure Coast Regional Planning Council - Alternate (bi-monthly, 3rd Friday at 9:30 am) 7. Environmental Land Acquisition Panel (ELAP) non-voting — (TBD) 8. Children's Services Advisory Committee (monthly, 1St Tuesday at 3:00 pm) 4 5 2024 COMMITTEE ASSIGNMENTS BY COMMISSIONER continued DERYL LOAR — District 4 1. Transportation Disadvantaged Local Coordinating Board (BCC member serves as chair; quarterly, 4th Thursday at 10:00 am) 2. Public Safety Coordinating Council (BCC Chairman or designee; as needed) 3. Juvenile Justice Circuit 19th Advisory Board (monthly, 3rd Wednesday at 8:45 am) 4. Board of Trustees of Law Library (as needed) 5. Metropolitan Planning Organization (monthly, 2nd Wednesday at 10:00 am) 6. Treasure Coast Regional Planning Council — Alternate (bi-monthly, 3rd Fri at 9:30 am) 7. State Housing Initiatives Partnership (SHIP) Loan Review Committee (as needed) LAURA MOSS — District 5 1. CDBG Citizens Advisory Task Force (BCC Chairman or designee; as needed) 2. Metropolitan Planning Organization (monthly, 2nd Wednesday at 10:00 am) 3. Treasure Coast Regional Planning Council (bi-monthly, 3rd Friday at 9:30 am) 4. Executive Roundtable Community Board (TBD) 5. Treasure Coast Council of Local Governments (monthly, 1 st Wednesday at 10am) 6. Indian River Lagoon National Scenic Byway Coalition (quarterly) 8. Workforce Development Consortium of the Treasure Coast (designated by BCC Chairman; one meeting in July and as needed) 9. Florida Association of Counties — various committees (as needed) January 9, 2024 INFORMATIONAL ITEM 7 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: December 18, 2023 SUBJECT: 2024 Treasure Coast Regional Planning Council (TCRPC) Appointments FROM: Kimberly K. Moirano, Commissioner Assistant The Indian River County Board of County Commissioners Chairman, Susan Adams has appointed members to the Treasure Coast Regional Planning Council (TCRPC) for 2024. The attached letter from the Chairman was sent to the Treasure Coast Regional Planning Council (TCRPC) to notify the TCRPC of the District appointments. Attachment BOARD OF COUNTY COMMISSIONERS Joseph H. Earman Susan Adams District 3 Chairman V Eit CO � District 1 Deryl Loar 4 District 4 Joseph E. Flescher Vice Chairman # * Laura Moss District 2 O District 5 December 12, 2023 Thomas J. Lanahan Executive Director Treasure Coast Regional Planning Council 421 SW Camden Avenue Stuart, FL 34994 Dear Tom: The assignments of 2024 TCRPC members from Indian River County were confirmed at various county commission and city/town council meetings in November and December of this year. These assignments are summarized below. Member: Commissioner Laura Moss, IRC Board of County Commissioners Alternate: Commissioner Deryl Loar, IRC Board of County Commissioners Member: Chairman Susan Adams, IRC Board of County Commissioners Alternate: Joseph H. Earman, IRC Board of County Commissioners Member: Councilmember John Carroll, City of Vero Beach Alternate: Councilmember Ed Dodd, City of Sebastian Member: Councilmember Robert Auwaerter, Town of Indian River Shores Alternate: Councilmember James Raphalian, Town of Orchid On the following page, you'll find contact information for all members. Please contact me at 772-226-1434 or my assistant, Kim Moirano should you have any questions. Y, Susan dams, Chairman Dis ' 1 SA/kkm 1801 27"' Street, Building A Vero Beach, FL 32960 (772) 226-1490 7 TREASURE COAST REGIONAL PLANNING COUNCIL MEMBERS AND ALTERNATES -- 2024 INDIAN RIVER COUNTY MEMBERS The Honorable Susan Adams Chairman, Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1441 sadams Dindianriver,gov The Honorable Laura Moss Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1434 Imoss(a.indianriver. gov The Honorable John Carroll Council Member, City of Vero Beach 1053 201h Place Vero Beach, FL 32960 (772) 978-4700 0carrolle-covb.orq The Honorable Robert Auwaerter Council Member, Town of Indian River Shores 6001 N. State Road Al Indian River Shores, FL 32963 (772) 231-1771 bauwaerter()-irshores. com ALTERNATES The Honorable Joseph H. Earman Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1493 iearmangindianriver.gov The Honorable Deryl Loar Commissioner, Indian River County 1801 27th Street Vero Beach, FL 32960 772-226-1492 dloar(a—indianriver. gov The Honorable Ed Dodd Mayor, City of Sebastian 1225 Main Street Sebastian, FL 32958 (772) 388-8214 edodd cityofsebastian.org The Honorable James Raphalian Council Member, Town of Orchid 7707 US Highway 1, Suite 1 Vero Beach, FL 32967 (772) 581-1770 iraphalian(a-),townoforchid.com 1801 276h Street, Building A Vero Beach, FL 32960 (772) 226-1490 E.3 9 ORDINANCE NO. 2023- -, 24 AN ORDINANCE OF THE CITY. OF VERO BEACH, FLORIDA; REQUESTED BY GLOBAL VIEW INVESTMENTS, LLC TO VOLUNTARILY ANNEX PROPERTY LOCATED AT 2301 43rd AVENUE, CONTAINING 4.07 ACRES MORE OR LESS, PURSUANT TO THE VOLUNTARY ANNEXATION PROVISIONS OF SECTION 171.044 FLORIDA STATUTES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, section 171.044 Florida Statutes, provides for voluntary annexation of property into a municipality, provided, among other things, that the property is contiguous to the municipality and is reasonably compact and does not create enclaves of unincorporated areas, and provided that all the owners of the property petition for such an annexation; and WHEREAS, the owner(s) of the property, as graphically depicted in the Exhibit attached and incorporated herein, Global View Investments, LLC have determined that annexing the property into the City limits would be in their interest; and WHEREAS, the City finds that the annexation of the properties satisfies the requirements of section 171.044 Florida Statutes and would be in the public interest; and WHEREAS, the City Clerk has advertised at least once each week for two (2) consecutive weeks in a newspaper, as required by section 171.044 (2) Florida Statutes; and WHEREAS, the City Clerk has provided notice to Indian River County of this annexation proceeding by certified mail at least ten (10) days before this ordinance was advertised per the requirements cited above , as required by section 171.044(6) Florida Statutes, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VERO BEACH, FLORIDA, THAT: Section 1. Adoption of "Whereas" clauses. The foregoing "WHEREAS" clauses are hereby adopted herein. Section 2. Adoption of Land Annexed. The subject property includes 4.07 acres more or less which is located at 230143 Avenue (Parcel I.D. #33390400001001000002.0) and which is more particularly described in the Exhibit attached and incorporated herein. Section 3. Redefine and Record Boundaries. The City Engineer is authorized to prepare a redefinition of the boundary lines of the municipality for inclusion in the City Charter. A copy of such revision is to be filed with the Department of State within thirty (30) days of the adoption, with a copy to the Office of Economic and Demographic Research, as required by section 171.091 Florida Statutes. Pagel of 3 Plus Exhibit(s) incorporated by reference 10 Section 4. Copies to State and County. The City Clerk is directed to file a copy of this annexing ordinance with the Clerk of the Circuit Court of Indian River County, the County Administrator of Indian River County, and the Department of the State of Florida within seven (7) days after its adoption, as required by section 171.044 (3) Florida Statutes. Section 5. Ordinance Effective Date. This ordinance shall become effective upon final adoption by the City Council. _ This Ordinance was read for the first time on the day of i D 12023 and was If advertised on the day of fU0 Veln,`2023, and one week later on the %qday of rUDVe rP7 Lj�1e 2023 as being scheduled for a public hearing to be held on the a S 7day of D V U 1,V' 23, at the conclusion of which hearing it was moved for adoption by Councilmember MOO rz_e , seconded by Councilmember n and adopted by the following vote: Mayor John E. Cotugno Vice Mayor Linda Moore _�� S Councilmember Rey Neville S Councilmember Tracey Zudans e 5 Councilmember John Carroll ATTEST: 6 Tammy K. B rs ck City Clerk (SEAL) CITY OF VERO BEACH, FLORIDA i Co gno Jo, tu Mayor Page 2 of 3 Plus Exhibit(s) incorporated by reference 11 ADMINISTRATIVE REVIEW (For Internal Use Only-Sec.2-77 COVB Code) Approved as to form and legal sufficiency: Joh S. Tume City Attorney Approved as to technical requirements: dk- Jason H. J e Director, Planning and Development Approved as conforming to municipal policy: L Mon4 K. Falls City Manager Approved as to technical requirements: Mathew Mitts Director, Public Works Page 3 of 3 Plus Exhibit(s) incorporated by reference 12 Property Description Annexation #2023 -AX -01 Portion of Section 04-33-39 June 9, 2023 EXHIBIT "A" PROPERTY DESCRIPTION VOLUNTARY ANNEXATION #2023 -AX -01 SECTION 04, TOWNSHIP 33 SOUTH, RANGE 39 EAST Parcel # 33-39-04-00001-0010-00002.0 Situated in the State of Florida, County of Indian River, and being a part of Tract1, Section 04, Township 33 South, Range 39 East, Indian River Farms Company Subdivision as recorded in Plat Book 2, Page 25 of the Public Records of St Lucie County, Florida, said- land now lying and being in Indian River County, Florida, and being more particularly described as follows: The south 660 feet of the east 10 acres of Tract 1, Section 04, Township 33 South, Range 39 East; Less and except: The east 43 feet thereof. Said annexation parcel containing 4.07 acres more or less. David Gay, PSM 0 C S S:Vroperty Des criptions1202312023-AX-01 2301 43rd Avenue_ExhibitA_Jun 9 2023.doc Sheet 1 of 2 13 9 BLOCK 1 LOT 8 24TH STREET IENLTHLAND S/0 PB 4, PG 39 LOT 1 BLOCK 4 2395 43RD AVENUE LOT 2 SUBJECT ANNEXATION LOT 3 2301 43RD AVENUE PARCELS 37 39-04-OOOOt-Wl0-0000 LOT 4 4J THE SOUTH 660 FEET O F EAST 10 ACR z Z OF TRACT 1, SECTION 4, TOWNSHIP 33 SOU LOT 5 RANGE 39 EAST, OF THE INDIAN RIVER FAR Q COMPANY SUBDIVISION. AS RECORDED IN A O BOOK 2, PAGE 25 OF THE PUBLIC RECORDS OF ST LUCIE COUNTY, FLORIDA; / LESS AND EXCEPT THE EAST 43 FEET THER LOT 6 /SAID PARCEL ONTAINING 4. 7 ACRES f LOT 7 LOT 8 22ND STREET (70' RW) GOLF JACRES S/D PB 7, PG 79 LOT 40 j I LOT 5 I LOT 4 LOT 3 I LOT 2 ALBRECHT GROVE4S/D l PS 3, PG 100 21ST LANE LOT MS LAT 93' 43' �'— SCALE 1'= 150' I Ld z W > �- M � I f - i ES al I m M. piz +� Mn ntoI +w o O EOF. 2 I Z J J z z w� + (A In �IEn G A V a�vN ......... . cc 0 C7 ^'..,•. .... .c.c 19.00'�2\ ADDITIONAL RIGHT OF WAY OR BK 2878, PG 480 LOT 39 DAVID GAY, PSM 973 PATE THIS SKETCH 1S NOT A SURVEY SHEET 2 OF 2 CITY OF VERO BEACH SKETCH OF PROPERTY DESCRIPTIONm" NQ wn�4Y EXHIBIT "A" DEPARTMENT OF PUBLIC WORKS VOLUNTARY ANNEXATION CITY PRDIECT No. DRWSY DATE PORTION OF TRACT 1 2023—AX-01 DATE DRNN BY I CHIMD BY DEsaapl'm ENGINEERING & SURVEY DIVISION SECTION 04-33-39 06/2023 DG MTM , Michael A. R e;M, Executive Rirectw . A 91 R �� ■IulY�rr1�11�1� ,.. _ . . , . I�r•E tWA_��IW I I If } I���. 4049 Reid Street • P.O.8 t> !I • Palatka, FL 32178-1429 • 386-329-4500 • www.sirwmd.com DATE: November 27, TO: Board of County Commissioners Attention: Recording Secretary FROM: Heather Barnes, Executive Assistant SUBJECT: 2024 Governing Board Meeting Schedule 2024 meeting schedule announced for the St. Johns River Water Management District's Governing Board Meetings of the Governing Board of the St. Johns River Water Management District are open to the public for input in the governance process. As required by Florida law (189.417 Florida Statutes), this notice is given so that the public has an opportunity to attend meetings that may be of interest. Governing Board meetings are held at District Headquarters, 4049 Reid Street (Hwy. 100 west), Palatka, Florida. Date, time and location are subject to change at the discretion of the Governing Board. For additional information about the District, its Board and meeting dates, visit www.sjrwmd.com. { 1 ! s Indian River County Venue Event Calendar — January 2024 For more www.indianriver.gov HOMESCHOOL DRAMA CLUB Tuesdays @ Brackett Library • 2:00pm-3:00pm. FREE! ➢ Ages 8-14. ➢ Join us for drama and improv games, readers theater and more. Registration is required, space is limited. ➢ To register contact Patti Fuchs at 772-400-6318 or pfuchs@indianriver.gov. ROLL WITH IT Beginning Friday, January 5 @ North Library • 10:30am-12:00pm. FREE! ➢ Ages 18 & older. ➢ Classic board games are back and we've got them! Visit us on the first Friday of every month to make new friends and re --live days gone by. No registration necessary. ➢ For more information contact 772-400-6308. LECTURE AND GUIDED BIRDING EXPERIENCE Wednesday, January 10 @ Captain Forster Hammock Preserve • 8:00am-11:00am. FREE! ➢ All ages are welcome. ➢ Join distinguished bird watcher David Simpson as we explore the wonderful world of Birding! Participants will enjoy the comprehensive birding experience offered when combining our lecture series with the guided experience! ➢ Space is limited. Register at conservation@indianriver.gov or contact Ashley at 772-365-1284 for more information. VERO BEACH GUN SHOW Saturday and Sunday, January 13 & 14 @ IRC Fairgrounds • Saturday, 9:00am-S:00pm. Cost $8. • Sunday, 10:00am-4:00pm. Cost $8. ➢ All ages are welcome. ➢ Join us for the Vero Beach Gun Show! This is a 2 -day buy, sell and trade event, open to all. Attend classes and seminars. ➢ Go to https://www.patriotshows.com/ for more information. 16 GOPHER TORTOISE TRAINING Wednesday, January 17 @ iG Center • 5:30pm-7:30pm. FREE! Thursday, January 18 @ Cypress Bend Preserve • 2:OOpm-4:OOpm. FREE! ➢ All ages are welcome. ➢ This two-day training event will provide the information and experience necessary to assist the County in locating Florida gopher tortoise burrows on conservation lands. ➢ Space is limited. Register at conservation@ indianriver.gov or contact Ashley at 772-365-1284 for more information. SWIFTIE PARTY Thursday, January 18 @ Main Library • 6:OOpm. FREE! ➢ Ages 6-12. ➢ Join us for games, crafts and more that celebrate Taylor Swift. Registration is required. ➢ For more information or to register contact Patti Fuchs pfuchs@indianriver.gov or 772-400-6318. ANIME FILM CLUB Friday, January 19 @ North Library • 3:30pm. FREE! ➢ Ages 12-18. ➢ Teens only! Join us on the 1st Wednesday of every month for Anime / Film / Club. Every month we'll be watching an episode from the collectively selected anime series and partaking in activities related to the show. No registration is required. ➢ For more information or to register contact Gi Lee glee@indianriver.gov or 772-400-6308. FLORIDA MATER NATURALIST: CONSERVATION SCIENCE Beginning January 19 @ Location varies by topic. • Times vary. Cost $250. ➢ Ages 18 & older. ➢ Participants will learn about biological diversity, ecosystem integrity, and conservation tools and strategies through lectures, field trips, guest speakers, and self -led projects. ➢ To register, go to https:Hconference.ifas.ufl.edu/fmnp/ BBQ, BACON AND BREWS FESTIVAL Saturday and Sunday, January 20 & 21 @ IRC Fairgrounds • Sunday, 10:OOam-5:OOpm. Cost $6. ➢ All ages are welcome. ➢ Family fun and festivities, fall off the bone BBQ and more! ➢ Go to All Events.in for more information. 17 DRAGON EGG PAINTING Tuesday, January 23 @ Brackett Library • 5:00pm. FREE! ➢ Ages 12-18. ➢ Teens only! What better way to celebrate the Year of the Dragon than by painting dragon eggs? The eggs symbolize prosperity and hope, and are pretty neat to look at too! Each teen will be givgn a 3-D printed egg to paint. ➢ For more information or to register contact Gi Lee glee@indianriver.gov or 772-400-6308. ANTIQUES FESTIVAL Friday, Saturday, and Sunday, January 26-28 @ IRC Fairgrounds • Friday, 12:00pm-5:00pm. Cost $10. • Saturday, 9:00am-5:00pm. Cost $10. • Sunday, 9:00am-4:00pm. Cost $10. ➢ All ages are welcome. ➢ Join us for the annual Antiques Festival. Unique gifts, household items, and more! ➢ Contact Bill Puchstein at puchs2@yahoo.com for more information. PETER D. O'BRYAN OPEN DISC GOLF CHAMPIONSHIP Saturday, January 27 @ Kiwanis Hobart Park • Saturday, 8:00am. Cost $40 per 4 -person team. ➢ Join us for the annual Peter D. O'Bryan Open Golf Disc Championship. Space is limited to 18 teams. There will be light refreshments served at check-in. Prizes, Raffle, and a free t -shirt. Register by 1/12 to guarantee your shirt size. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. HANDGUN 101 Sunday, January 28 @ IRC Public Shooting Range • 9:00am-2:00pm. Cost $100. ➢ A complete guide to understanding the basics of firearm ownership, safety, nomenclature and how it applies to self-defense. This course is taught by an NRA Certified Instructor. Upon successful completion participants will receive a certificate that may be submitted to the State of Florida as proof of training if applying for a CCWP. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-3096. FRICTION FARM: MODERN FOLK DUO Tuesday, January 30 @ Brackett Library • 6:00pm. FREE! ➢ All ages welcome. ➢ Modern - folk duo Friction Farm, is a husband and wife team of internationally traveling troubadours. Aidan Quinn and Christine Stay, combine storytelling, social commentary and humor to create songs of everyday life, local heroes, and quirky observations. 18 PUZZLE CHALLENGE Wednesday, January 31 @ Main Library • 11:30am. FREE! ➢ Ages 18 & older. Teams will race against the clock to see who can finish their jigsaw puzzle in the fastest time. The Puzzle Challenge is open to 10 teams of up to 4 members per team. Registration is required and open now! ➢ For more information or to register contact Karrie Cole kcole@indianriver.gov or 772-400-6310. SCRUB -JAY VOLUNTEER TRAINING EVENT Wednesday, January 31 @ iG Center • 1:OOpm-4:OOpm. FREE! Thursday, February 1 @ Wabasso Scrub Sanctuary • 8:OOam-3:OOpm. FREE! ➢ Ages 18 & older. ➢ Please join us for our annual two-day Florida Scrub -Jay Volunteer Training Event, and learn how you can become part of this exciting program. ➢ Space is limited. Register at conservation@indianriver.gov or contact Ashley at 772-365-1284 for more information. 100 MILE SWIMCLUB Daily @ North County and Gifford Aquatic Centers ➢ All ages are welcome. ➢ Get started by setting a personal goal, whether you want to swim 5 miles or 500. Sign up all year long by visiting our aquatics desk. Annual membership $10.00 for local tracking, (laps swam at North county or Gifford Aquatics pool) or 15.00 for Global tracking, (laps swam anywhere) valid January -December. ➢ All participants reaching the 100 miles will receive a yearly certificate indicating the total miles swam and be invited to the end of the year potluck and recognition ceremony. ➢ Swimmer who swim 100 miles at North County and Gifford Aquatic Centers, within the year, will receive an exclusive 100 Mile Swim Club T-shirt. ➢ Sign up at either facility today and just keep swimming! ADULT OPEN GYM BASKETBALL Tuesday and Thursday @ iG Center • 8:30am-11:30am. Cost $6. ➢ Adults 18 & older. ➢ Time where the gymnasium is available to adults to practice skills, shoot hoops, and play pick-up games. ➢ Call 772-226-1780 for more information. 19 AQUAFIT Tuesday, Wednesday, Thursday, Year -Round @ North County Aquatic Center • 9:30am-10:30am. Cost $4 (or 8 class pass $28). Friday, 10:30am-11:30am @ Gifford Aquatic Center ➢ All ages are welcome. ➢ Move along to music as you perform instructor -guided moves designed to improve cardiovascular function, increase core strength, develop better, and burn calories. Let's make the water work for you. Flotation belts and water barbells are available at no charge. ➢ For more information, contact the North County Aquatic Center (772) 226-1752. BOARD GAMES Thursday @ iG Center • 1:00pm-3:30pm. Cost $1. ➢ Ages 18 & older. ➢ Join us for a fun filled afternoon playing some of our favorite board games! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. BRIDGE CLASS Thursday @ iG Center • 4:00pm-6:00pm. Cost $3. ➢ Ages 15 & older. ➢ This informal Bridge Class is designed for beginner to intermediate players. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. COLORING & COFFEE Tuesday @ iG Center • 9:00am-10:00am. Cost $1. ➢ Ages 55 & older. ➢ Looking for a way to unwind and reduce stress? Join us for a morning of relaxation through coloring. Materials provided. ➢ For more information call 772-226-1780. COUNTRY LINE DANCING Tuesday @ iG Center • 6:30pm-7:30pm. Cost $3. ➢ All ages welcome! ➢ Join us for a fun evening of Country Line Dancing! Instruction and lessons provided. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. 20 GENTLE CHAIR YOGA Monday, Tuesday & Thursday @ iG Center • Monday, 10:30am-11:30am; Tuesday and Thursday, 12:00pm-1:00pm. Cost $5. ➢ All ages welcome! ➢ Designed to improve flexibility and strengthen muscles while using a chair for support. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. HEALTHIER YOU WEDNESDAYS Third Wednesday, @ iG Center • 11:00am-12:00pm. FREE! ➢ All ages welcome. ➢ Join Nutrition Educator Amanda Trott to learn the importance of healthy food choices and how to live a healthier more nutritious lifestyle. ➢ For more info call us at 772-226-1780. HOME GARDENING LECTURE SERIES Second Tuesday @ Brackett Library • 12:00pm-4:00pm. FREE! ➢ Ages 18 & older. ➢ Participants will learn about a variety of home gardening topics. They can register for one lecture or the entire series. ➢ To register, go to bit.ly/46BwpmO i Second Thursday @ North County Library • 10:00am-1:00pm. FREE! ➢ Ages 18 & older. ➢ Participants will learn about a variety of home gardening topics. They can register for one lecture ori the entire series. ➢ To register, go to bit.ly/46BwpmO HOMESCHOOL PE Tuesday @ iG Center • 3:00pm-4:00pm. Cost $3. ➢ Ages 4-10 years. Limited spots please register. ➢ A great chance for children to exercise and make new friends. Teaching children valuable life skills such as teamwork, fairness, and good sportsmanship. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. IRC STEEL CHALLENGE Last Friday of every month@ IRC Shooting Range • Begins at 9:00am. Cost $20.00 plus tax, includes standard pistol and rifle ranges. ➢ Allows shooters to test their abilities on steel targets and practice their magazine reloads in the process. No registration required. ➢ For more information call 772-226-3096. 21 MAHJONG Tuesday and Thursday @ iG Center • Tuesday 10:OOam-1:OOpm; Thursday 10:30am-1:OOpm. Cost $2. ➢ Ages 18 & older. ➢ Tile sets are provided as you play in groups of 3-4. Please bring your own Mahjong card. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. MAT PILATES Tuesday and Thursday @ iG Center • 9:15am-10:15am. Cost $12. ➢ All ages welcome. ➢ Exercises are structured using special equipment designed to improve strength, flexibility, posture and enhance mental awareness. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. OPEN PLAY PICKLEBALL Monday, Wednesday and Friday @ iG Center • 8:30am-11:30am and 12:OOpm-3:OOpm. Cost $3. Tuesday and Thursday @ iG Center • 12:OOpm-3:OOpm. Cost $3. Saturday @ iG Center • 9:OOam-12:OOpm. Cost $3. ➢ Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. ➢ Call 772-226-1780 for more information. PICKLEBALL CLASSES — WITH DEREK PRINCE Monday (twice monthly, dates vary) @ iG Recreation Center • 12:30pm-2:OOpm. $30 per class. ➢ Beginner Pickleball Levels I — III / Pickleball Doubles Strategy/ Intro to Pickleball ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. OPEN PLAY PING PONG Monday @ iG Center • 5:30pm-8:30pm. Cost $3. ➢ Whether you're a beginner or seasoned pro it's the perfect way to improve your skills, meet new people, and have a blast! Mark your calendar and get ready to unleash your ping pong skills! No registration required! ➢ For more info call us at 772-226-1780. PRE-SCHOOL TUMBLING Friday @ iG Center • 10:15am, 1:OOpm, and 4:OOpm. Cost $3 pre -registered; $5 at the door. ➢ Preschool tumbling is a great start for ages 4-5. Children are taught basic tumbling skills such as forwards/backwards rolls, handstands, and cartwheels. 22 ➢ Improve self-confidence, basic skills, strength, flexibility and balance. Spaces are limited! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. QI GONG Tuesday @ iG Center • 10:00am-11:00am. Cost $12. ➢ No special clothing or equipment required. Stand or Sit. Walk-ins welcome. ➢ Leave refreshed, relaxed and joyful. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. RIMFIRE CHALLENGE Last Saturday of every month @ IRC Shooting Range • 9:00am. Cost $12.60 standard range fee. ➢ Open to all levels of shooting enthusiasts. It can be for fun, personal improvement or in preparation for a competition. No registration required. ➢ For more information call 772-226-3096. SENIOR WALKING CLUB • Tuesday @ 8:30am @ MLK, Jr. Walking Trail & Park. FREE! ➢ Led by Certified Walk with Ease Instructor & Recreation Leader Sarah Eiswerth. ➢ For more information call 772-226-1780. SENIOR WELLNESS -AEROBICS AND WEIGHTS Monday, Wednesday and Friday @ iG Center • 8:45am-9:45am and 10:00am-11:00am. FREE! Tuesday @ Wabasso Community Center • 7:00am-8:00am. FREE! ➢ Special programming for our 55+ community to have social interaction and light exercise activity. Activities can be adapted to ability levels and interests. Walk-ins welcome. ➢ For more information call 772-226-1780. SENIOR WELLNESS — ROCK AND ROLL CARDIO Thursday @ Wabasso Community Center • 7:00am-8:00am. FREE! Thursday @ iG Center • 10:30am-11:30am. FREE! ➢ Similar to our regular Senior Wellness Program for 55 & older but with fun dancing music to spice it up a notch. Walk-ins welcome. ➢ For more information call 772-226-1780. SHINE LIGHT WITH CRYSTAL Saturday @ iG Center • 9:00am-10:00am. Cost $10. ➢ Full body cardio and toning workout based in traditional jazz, ballet and hip-hop. ➢ Get ready to sweat, smile, shimmy and shake your worries away. Walk-ins welcome. ➢ Gotowww.indianriver.gov/parksandrecreation_to register or call 772-226-1780. 23 STRETCH & FLEX Monday, Tuesday and Thursday @ iG Center • 9:30am-10:30am. Cost $5. ➢ Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. SWIM LESSONS Private swim lessons are available through the fall and winter. • Cost $80 per person; scholarships available for those who qualify. ➢ The cost includes four 25 -minute lessons. ➢ For information, call the North County Aquatic Center at772-226-1752 of the Gifford Aquatic Center at 772-226-1175. THURSDAY NIGHT LIGHTS Thursday @ IRC Shooting Range • 5:OOpm-9:OOpm. Cost $8 per round. ➢ We light up the fields for a fun skeet -trap night activity. No registration required. ➢ For more information call 772-226-3096. UP BEAT BOXING Tuesday and Thursday @ iG Center • 3:OOpm-4:OOpm. FREE! ➢ Boxing fitness class geared for ages 55 +. Held twice a week to get you out, active and UP -BEAT! Walk-ins welcome. ➢ For more information call 772-226-1780. VETERANS YOGA PROJECT — MINDFUL RESILIENCE Wednesday @ iG Center • 2:OOpm-3:OOpm. FREE! ➢ Led by Certified Yoga Alliance Trainer Danielle Martinez. ➢ Class open to active and retired military, first responders, their families, caregivers and anyone looking to support veterans. ➢ Call 772-226-1780 for more information. YOGA-LATES Tuesday and Thursday @ iG Center • 10:30am-11:30am. Cost $8. ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ Go towww.indianriver.gov/parksandrecreation to register or call 772-226-1780. 24 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: November 16, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 10, 2023 to November 16, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of November 10, 2023 to November 16, 2023. 25 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 443442 11/15/2023 FLORIDA ANIMAL CONTROL ASSOC INC 190.00 443443 11/15/2023 RICHARD MECKES 53.00 443444 11/15/2023 JAMES MANN 33.73 443445 11/15/2023 FLORIDA SECTION AMERICAN WATER WORKS ASSOC: 3,305.00 443446 11/15/2023 UTIL REFUNDS 42.01 443447 11/15/2023 UTIL REFUNDS 69.08 443448 11/15/2023 UTIL REFUNDS 30.45 443449 11/15/2023 UTIL REFUNDS 78.49 443450 11/15/2023 UTIL REFUNDS 24.54 443451 11/15/2023 UTIL REFUNDS 81.44 443452 11/15/2023 UTIL REFUNDS 26.14 443453 11/15/2023 UTIL REFUNDS 41.29 443454 11/15/2023 UTIL REFUNDS 62.20 443455 11/15/2023 UTIL REFUNDS 19.40 443456 11/15/2023 UTIL REFUNDS 15.75 443457 11/15/2023 UTIL REFUNDS 70.43 443458 11/15/2023 UTIL REFUNDS 137.43 443459 11/15/2023 UTIL REFUNDS 194.87 443460 11/15/2023 UTIL REFUNDS 37.97 443461 11/15/2023 UTIL REFUNDS 24.17 443462 11/15/2023 UTIL REFUNDS 6.22 443463 11/15/2023 UTIL REFUNDS 86.07 443464 11/15/2023 UTIL REFUNDS 68.38 443465 11/15/2023 UTIL REFUNDS 11.60 443466 11/15/2023 UTIL REFUNDS 27.91 443467 11/15/2023 UTIL REFUNDS 34.05 443468 11/15/2023 UTIL REFUNDS 32.21 443469 11/15/2023 UTIL REFUNDS 32.39 443470 11/15/2023 UTIL REFUNDS 27.27 443471 11/15/2023 UTIL REFUNDS 84.98 443472 11/15/2023 UTIL REFUNDS 78.98 443473 11/15/2023 UTIL REFUNDS 88.15 443474 11/15/2023 UTIL REFUNDS 68.10 443475 11/15/2023 UTIL REFUNDS 21.94 443476 11/15/2023 UTIL REFUNDS 13.65 443477 11/15/2023 UTIL REFUNDS 63.23 443478 11/15/2023 UTIL REFUNDS 109.27 443479 11/15/2023 UTIL REFUNDS 77.64 443480 11/15/2023 TEN -8 FIRE EQUIPMENT INC 85.11 443481 11/15/2023 VERO CHEMICAL DISTRIBUTORS INC 13.50 443482 11/15/2023 RICOH USA INC 4.76 443483 11/15/2023 SAFETY PRODUCTS INC 316.98 443484 11/15/2023 SUB AQUATICS INC 355.20 443485 11/15/2023 INDIAN RIVER BATTERY 1,098.70 443486 11/15/2023 GRAINGER 2,450.25 443487 11/15/2023 APPLE INDUSTRIAL SUPPLY CO 225.49 443488 11/15/2023 WILD LAND ENTERPRISES INC 5.50 443489 11/15/2023 HACH CO 2,631.00 443490 11/15/2023 CLIFF BERRY INC 374.80 443491 11/15/2023 PARKSON CORPORATION 595.24 443492 11/15/2023 MEEKS PLUMBING INC 215.00 443493 11/15/2023 BOUND TREE MEDICAL LLC 10,239.63 443494 11/15/2023 TIRESOLES OF BROWARD INC 25,253.90 443495 11/15/2023 DELL MARKETING LP 995.00 443496 11/15/2023 MIDWEST TAPE LLC 584.01 443497 11/15/2023 ODYSSEY MANUFACTURING CO 15,954.15 443498 11/15/2023 BAKER DISTRIBUTING CO LLC 94.56 443499 11/15/2023 JIMMYS AIR & REFRIGERATION INC 482.53 26 TRANS NBR DATE VENDOR AMOUNT 443500 11/15/2023 PC WEATHER PRODUCTS INC 2,288.00 443501 11/15/2023 CLERK OF CIRCUIT COURT 20.00 443502 11/15/2023 CLERK OF CIRCUIT COURT 423.50 443503 11/15/2023 CITY OF VERO BEACH 1,318.45 443504 11/15/2023 HOME DEPOT USA INC 337.73 443505 11/15/2023 EBSCO INDUSTRIES INC 2,079.30 443506 11/15/2023 TREASURE COAST HOMELESS SERVICES 806.00 443507 11/15/2023 PUBLIX SUPERMARKETS 56.50 443508 11/15/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 32.53 443509 11/15/2023 COMO OIL COMPANY OF FLORIDA 120.00 443510 11/15/2023 SOUTHEAST DESALTING ASSOCIATION 40.00 443511 11/15/2023 FLORIDA POWER AND LIGHT 72,016.97 443512 11/15/2023 PEACE RIVER ELECTRIC COOP INC 210.78 443513 11/15/2023 LANGUAGE LINE SERVICES INC 203.26 443514 11/15/2023 NATIONAL ASSOC OF COUNTY PARK 90.00 443515 11/15/2023 FLORIDA NOTARY ASSOCIATION INC 52.00 443516 11/15/2023 GREY HOUSE PUBLISHING 154.44 443517 11/15/2023 INSIGHT PUBLIC SECTOR 4,540.05 443518 11/15/2023 DAVCO ELECTRICAL CONTRACTORS CORP 747.00 443519 11/15/2023 BRIDGESTONE AMERICAS INC 5,825.06 443520 11/15/2023 FLORIDA ASSOC OF CODE ENFORCEMENT 75.00 443521 11/15/2023 MIDWEST MOTOR SUPPLY CO 991.78 443522 11/15/2023 THE AVANTI COMPANY INC 6,525.00 443523 11/15/2023 HULETT ENVIRONMENTAL SERVICES 263.50 443524 11/15/2023 POLYDYNE INC 7,866.00 443525 11/15/2023 SOUTHERN JANITOR SUPPLY INC 662.60 443526 11/15/2023 GLOVER OIL COMPANY INC 252,750.12 443527 11/15/2023 GERELCOM INC 1,295.00 443528 11/15/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 15.30 443529 11/15/2023 PETER J CASSARA 4,235.00 443530 11/15/2023 DANA SAFETY SUPPLY INC 626.74 443531 11/15/2023 MARINCO BIOASSAY LABORATORY INC 3,170.00 443532 11/15/2023 NICOLACE MARKETING INC 7,547.00 443533 11/15/2023 HELPING ANIMALS LIVE -OVERCOME 40.00 443534 11/15/2023 STAT MEDICAL DISPOSAL INC 70.00 443535 11/15/2023 MUNICIPAL EMERGENCY SERVICES INC 2,737.48 443536 11/15/2023 STS MAINTAIN SERVICES INC 14,193.72 443537 11/15/2023 CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 750.00 443538 11/15/2023 SYLVIA MILLER 1,581.00 443539 11/15/2023 CATHEDRAL CORPORATION 744.93 443540 11/15/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 108.29 443541 11/15/2023 GOTTA GO GREEN ENTERPISES INC 299.83 443542 11/15/2023 EASTERN PIPELINE CONSTRUCTION INC 10,650.00 443543 11/15/2023 CDW LLC 122.42 443544 11/15/2023 DEBBIE CARSON 125.00 443545 11/15/2023 MATHESON TRI -GAS INC 17,385.18 443546 11/15/2023 COLE AUTO SUPPLY INC 1,230.66 443547 11/15/2023 DAY DREAMS UNIFORMS INC 204.86 443548 11/15/2023 FLORIDA BULB & BALLAST INC 5,385.40 443549 11/15/2023 RELX INC 443.46 443550 11/15/2023 GLOBAL TRACKING COMMUNICATIONS LLC 1,439.40 443551 11/15/2023 WARREN W CATERSON 275.00 443552 11/15/2023 HATTERAS HAMMOCKS INC 2,845.09 443553 11/15/2023 DIRECTV GROUP INC 101.64 443554 11/15/2023 AMAZON CAPITAL SERVICES INC 2,702.83 443555 11/15/2023 AMERIGAS PROPANE LP 3,035.59 443556 11/15/2023 JORDAN POWER EQUIPMENT CORP 554.45 443557 11/15/2023 LIBERTY TIRE RECYCLING LLC 2,019.00 443558 11/15/2023 MULLINAX FORD OF VERO BEACH 30,935.00 443559 11/15/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 155.07 27 TRANS NBR DATE VENDOR AMOUNT 443560 11/15/2023 SUNBELT HYDRAULIC & EQUIPMENT INC 1,011.21 443561 11/15/2023 BLUE GOOSE CONSTRUCTION LLC 1,358.90 443562 11/15/2023 ORCHARD GROVE VENTURE LLC 515.00 443563 11/15/2023 LOWES COMPANIES INC 2,045.44 443564 11/15/2023 SMI TRADING LLC 13.87 443565 11/15/2023 JUNIPER LANDSCAPING OF FLORIDA LLC 7,298.00 443566 11/15/2023 HIREQUEST LLC 3,792.32 443567 11/15/2023 CLEAN SPACE INC 2,167.00 443568 11/15/2023 TROPIC OIL COMPANY LLC 3,710.77 443569 11/15/2023 GOMEZ BROTHERS CONTRACT SERVICES 936.00 443570 11/15/2023 SHRIEVE CHEMICAL CO LLC 3,829.86 443571 11/15/2023 BTAC HOLDING CORP 8,185.01 443572 11/15/2023 SEVEN ISLES CAPITAL 206.00 443573 11/15/2023 BLUETARP FINANCIAL INC 34.56 443574 11/15/2023 US ECOLOGY TAMPA INC 1,378.40 443575 11/15/2023 FLEETPRIDE INC 2,069.00 443576 11/15/2023 EMPIRE PIPE & SUPPLY COMPANY INC 27,074.95 443577 11/15/2023 G & W TRANSMISSION LLC 452.00 443578 11/15/2023 LF STAFFING SERVICES INC 155.18 443579 11/15/2023 LF STAFFING SERVICES INC 3,281.80 443580 11/15/2023 AVANTI MATERIAL SALES LTD 372.00 443581 11/15/2023 C&S CHEMICALS INC 4,405.84 443582 11/15/2023 WILLIAMS SCOTSMAN INC 6,392.62 443583 11/15/2023 VECELLIO GROUP INC 543.79 443584 11/15/2023 PALMDALE INTERMEDIATE LLC 3,696.17 443585 11/16/2023 REPUBLIC SERVICES INC 583,076.32 443586 11/16/2023 EDLUND DRITENBAS BINKLEY ARCHITECTS 7,350.00 443587 11/16/2023 CARTER ASSOCIATES INC 2,104.85 443588 11/16/2023 TREASURE COAST HOMELESS SERVICES 2,320.00 443589 11/16/2023 INTERNATIONAL GOLF MAINTENANCE INC 2,286.51 443590 11/16/2023 GEOSYNTEC CONSULTANTS INC 18,152.04 443591 11/16/2023 JOBEAR CONTRACTING INC 54,074.17 443592 11/16/2023 THE TRANSIT GROUP INC 5,329.43 443593 11/16/2023 IGM TECHNOLOGY CORP 10,612.00 443594 11/16/2023 RYAN INCORPORATED SOUTHERN 1,294,612.69 443595 11/16/2023 CLEAN SPACE INC 15,995.96 443596 11/16/2023 ALLEN CONCRETE & MASONRY INC 926.25 443597 11/16/2023 INDIAN RIVER SUSTAINABILITY CENTER LLC 114,661.22 443598 11/16/2023 SPIEZLE ARCHITECTURAL GROUP INC 1,380.00 443599 11/16/2023 SPIEZLE ARCHITECTURAL GROUP INC 1,030.00 443600 11/16/2023 BULK EXPRESS TRANSPORT INC 37,858.04 443601 11/16/2023 QUICK PAINTING GROUP 107,000.00 443602 11/16/2023 AT&T WIRELESS 882.56 443603 11/16/2023 AT&T WIRELESS 743.01 443604 11/16/2023 AT&T WIRELESS 296.58 443605 11/16/2023 AT&T WIRELESS 157.10 443606 11/16/2023 AT&T WIRELESS 896.60 443607 11/16/2023 CLERK OF CIRCUIT COURT 1,152.44 443608 11/16/2023 CITY OF SEBASTIAN 1,200.00 443609 11/16/2023 FLORIDA POWER AND LIGHT 8,299.87 443610 11/16/2023 HULETT ENVIRONMENTAL SERVICES 165.00 443611 11/16/2023 CELICO PARTNERSHIP 3,339.16 443612 11/16/2023 GABRIEL ROEDER SMITH & CO 4,000.00 443613 11/16/2023 ROSELAND UNITED METHODIST CHURCH 200.00 443614 11/16/2023 LOWES COMPANIES INC 210.83 443615 11/16/2023 XEROX CORPORATION 395.21 443616 11/16/2023 KENNETH LONGACRE 50.00 443617 11/16/2023 TRADEWINDS ENRICHMENT SOLUTIONS INC 135.00 443618 11/16/2023 BATES AIR & HEAT LLC 237.50 443619 11/16/2023 UTIL REFUNDS 79.22 28 TRANS NBR DATE VENDOR AMOUNT 443620 11/16/2023 UTIL REFUNDS 17.86 443621 11/16/2023 UTIL REFUNDS 82.54 443622 11/16/2023 UTIL REFUNDS 68.10 443623 11/16/2023 UTIL REFUNDS 71.68 443624 11/16/2023 UTIL REFUNDS 77.84 443625 11/16/2023 UTIL REFUNDS 68.84 443626 11/16/2023 UTIL REFUNDS 53.60 443627 11/16/2023 UTIL REFUNDS 96.37 443628 11/16/2023 UTIL REFUNDS 27.76 443629 11/16/2023 UTIL REFUNDS 35.23 443630 11/16/2023 UTIL REFUNDS 214.48 443631 11/16/2023 UTIL REFUNDS 73.01 443632 11/16/2023 UTIL REFUNDS 69.39 443633 11/16/2023 UTIL REFUNDS 1,111.16 443634 11/16/2023 UTIL REFUNDS 57.22 443635 11/16/2023 UTIL REFUNDS 71.64 443636 11/16/2023 UTIL REFUNDS 84.11 443637 11/16/2023 UTIL REFUNDS 40.96 443638 11/16/2023 UTIL REFUNDS 80.38 443639 11/16/2023 UTIL REFUNDS 76.66 443640 11/16/2023 UTIL REFUNDS 57.02 443641 11/16/2023 UTIL REFUNDS 47.26 443642 11/16/2023 UTIL REFUNDS 12.71 443643 11/16/2023 UTIL REFUNDS 1.69 443644 11/16/2023 UTIL REFUNDS 69.71 443645 11/16/2023 UTIL REFUNDS 15.14 443646 11/16/2023 UTIL REFUNDS 67.87 443647 11/16/2023 UTIL REFUNDS 15.56 443648 11/16/2023 UTIL REFUNDS 58.12 443649 11/16/2023 UTIL REFUNDS 57.52 443650 11/16/2023 UTIL REFUNDS 64.93 443651 11/16/2023 UTII. REFUNDS 58.49 443652 11/16/2023 UTIL REFUNDS 32.29 443653 11/16/2023 UTIL REFUNDS 62.01 443654 11/16/2023 UTIL REFUNDS 33.76 443655 11/16/2023 UTIL REFUNDS 33.66 443656 11/16/2023 UTIL REFUNDS 74.48 443657 11/16/2023 UTIL REFUNDS 58.70 443658 11/16/2023 UTIL REFUNDS 26.53 443659 11/16/2023 UTIL REFUNDS 58.84 443660 11/16/2023 UTIL REFUNDS 33.36 443661 11/16/2023 UTIL REFUNDS 11.54 443662 11/16/2023 UTIL REFUNDS 35.69 443663 11/16/2023 UTIL REFUNDS 885.61 443664 11/16/2023 UTIL REFUNDS 324.22 Grand Total: 2,915,775.44 4 29 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1021118 11/15/2023 AT&T CORP 971.00 1021119 11/15/2023 OFFICE DEPOT INC 1,435.53 1021120 11/15/2023 COMCAST 150.00 1021121 11/15/2023 WASTE MANAGEMENT INC OF FLORIDA 5,486.46 1021122 11/15/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 4,500.00 1021123 11/15/2023 MIKES GARAGE & WRECKER SERVICE INC 350.00 1021124 11/15/2023 FIRST HOSPITAL LABORATORIES INC 315.00 1021125 11/15/2023 INDIAN RIVER OXYGEN INC 315.75 1021126 11/15/2023 TEAM EQUIPMENT INC 26,345.70 1021127 11/15/2023 GALLS LLC 131.69 1021128 11/15/2023 IRRIGATION CONSULTANTS UNLIMITED INC 659.44 1021129 11/15/2023 GROVE WELDERS INC 107.84 1021130 11/15/2023 SOUTHERN COMPUTER WAREHOUSE INC 3,610.86 1021131 11/15/2023 AUTO PARTNERS LLC 2,196.92 1021132 11/15/2023 RADWELL INTERNATIONAL INC 154.85 1021133 11/15/2023 UNIFIRST CORPORATION 1,597.66 1021134 11/15/2023 ALLIED DIVERSIFIED OF VERO BEACH LLC 100.00 Grand Total: 48,428.70 30 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 10984 11/13/2023 WRIGHT EXPRESS FSC 36,756.95 10985 11/13/2023 P&AADMINIISTRATIVE SERVICES INC 1,009.47 10986 11/13/2023 P&AADMINIISTRATIVE SERVICES INC 1,507.56 10987 11/13/2023 P&A ADMINISTRATIVE SERVICES INC 730.22 10988 11/13/2023 P&A ADMINISTRATIVE SERVICES INC 89.22 10989 11/14/2023 P&AADMINISTRATIVE SERVICES INC 82.86 10990 11/15/2023 CLERK OF CIRCUIT COURT 3,345.98 10991 11/15/2023 FLORIDA DEPARTMENT OF REVENUE 22,093.90 10992 11/15/2023 FLORIDA DEPARTMENT OF REVENUE 3,811.13 10993 11/15/2023 FLORIDA DEPARTMENT OF REVENUE 1,584.10 10994 11/15/2023 FLORIDA DEPARTMENT OF REVENUE 3,741.84 10995 11/15/2023 AMERITAS 232.50 10996 11/15/2023 AMERITAS 258.75 10997 11/15/2023 AMERITAS 3,120.00 10998 11/15/2023 AMERITAS 37.50 10999 11/15/2023 AMERITAS 142.50 11000 11/15/2023 AMERITAS 26.25 11001 11/15/2023 AMERITAS 6,756.56 11002 11/15/2023 P&AADMINISTRATIVE SERVICES INC 604.16 11003 11/16/2023 KIMLEY HORN & ASSOC INC 2,272.44 11004 11/16/2023 IRS -PAYROLL TAXES 14,435.88 11005 11/16/2023 RX BENEFITS INC 2,310.76 11006 11/16/2023 P&AADMINISTRATIVE SERVICES INC 812.02 Grand Total: 105,762.55 31 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: November 23, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 17, 2023 to November 23, 2023 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of November 17, 2023 to November 23, 2023. 32 TRANS NBR DATE 443665 11/22/2023 443666 11/22/2023 443667 11/22/2023 Grand Total: CHECKS WRITTEN VENDOR UNITED WAY OF INDIAN RIVER COUNTY CALIFORNIA STATE DISBURSEMENT UNIT BLUE CROSS & BLUE SHIELD OF FLORIDA INC AMOUNT 729.00 305.19 7,653.06 8,687.25 33 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1021135 11/21/2023 AT&T CORP 6.93 1021136 11/21/2023 OFFICE DEPOT INC 2,947.91 1021137 11/21/2023 FLORIDA DEPT OF ENVIRONMENTAL PROTECTION 5,000.00 1021138 11/21/2023 WASTE MANAGEMENT INC OF FLORIDA 940.78 Grand Total: 8,895.62 34 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 11007 11/17/2023 EDH HOLDINGS LLC 1,466.01 11008 11/17/2023 SAVE ON SP LLC 15,722.64 11009 11/17/2023 AMERITAS 12,543.75 11010 11/17/2023 SCHOOL DISTRICT OF I R COUNTY 72,347.00 11011 11/17/2023 MUTUAL OF OMAHA 31,718.55 11012 11/17/2023 MUTUAL OF OMAHA 25,663.32 11013 11/17/2023 ALLSTATE 95.84 11014 11/17/2023 P&AADMINISTRATIVE SERVICES INC 1,775.55 11015 11/20/2023 KIMLEY HORN & ASSOC INC 6,010.00 11016 11/20/2023 INDIAN RIVER COUNTY SHERIFF 2,127.92 11017 11/20/2023 HUMANE SOCIETY 43,000.00 11018 11/20/2023 VETERANS COUNCIL OF I R C 2,559.70 11019 11/20/2023 MUTUAL OF OMAHA 2,437.50 11020 11/20/2023 P&A ADMINISTRATIVE SERVICES INC 369.33 11021 11/20/2023 P&AADMINISTRATIVE SERVICES INC 1,926.63 11022 11/20/2023 P&AADMINISTRATIVE SERVICES INC 1,829.48 11023 11/21/2023 P&AADMINISTRATIVE SERVICES INC 1,957.86 11024 11/21/2023 P&AADMINISTRATIVE SERVICES INC 110.00 ** 11026 11/22/2023 IRC FIRE FIGHTERS ASSOC 10,818.56 11027 11/22/2023 TEAMSTERS LOCAL UNION #769 5,530.50 11028 11/22/2023 INDIAN RIVER COUNTY SHERIFF 1,042,224.01 11029 11/22/2023 CER SIGNATURE CLEANING LLC 13,762.87 11030 11/22/2023 LINCOLN RETIREMENT 108,194.48 Grand Total: 1,404,191.50 ** 11025 skipped in error 35 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: November 30, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 24, 2023 to November 30, 2023 �+�ouNrr c 4J o� P n �''�rn.no•+r 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 November 24, 2023 to November 30, 2023. 36 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 443668 11/27/2023 ARCADIS U S INC 5,963.75 443669 11/27/2023 COASTAL TECHNOLOGY CORPORATION 38,680.00 443670 11/27/2023 SOUTHERN MANAGEMENT LLC 123.50 443671 11/27/2023 REI ENGINEERS INC 1,000.00 443672 11/27/2023 BOWMAN CONSULTING GROUP LTD 5,542.50 443673 11/27/2023 COASTAL WATERWAYS DESIGN & ENGINEERING LLC 2,800.00 443674 11/27/2023 TETRA TECH INC 3,040.50 443675 11/27/2023 CONSOR ENGINEERS LLC 174,656.23 443676 11/27/2023 ACP FACILITY SERVICES 11,736.91 443677 11/27/2023 DICKERSON INFRASTRUCTURE INC 214,265.38 443678 11/27/2023 JIM'S COMPLETE CONSTRUCTION LLC 71,911.20 443679 11/27/2023 NSI ALPHA CORPORATION 449.00 443680 11/27/2023 LAURAYONKERS 35.00 443681 11/27/2023 KENNETH LONGACRE 75.00 443682 11/27/2023 AT&T WIRELESS 299.70 443683 11/27/2023 AT&T WIRELESS 345.84 443684 11/27/2023 AT&T WIRELESS 147.92 443685 11/27/2023 AT&T WIRELESS 217.01 443686 11/27/2023 AT&T WIRELESS 217.37 443687 11/27/2023 AT&T WIRELESS 172.92 443688 11/27/2023 AT&T WIRELESS 127.69 443689 11/27/2023 AT&T CORP 690.00 443690 11/27/2023 AT&T CORP 198.00 443691 11/27/2023 AT&T CORP 843.26 443692 11/27/2023 AT&T CORP 396.51 443693 11/27/2023 STATE ATTORNEY 9,087.80 443694 11/27/2023 TREASURE COAST SPORTS COMMISSION INC 1,166.66 443695 11/27/2023 FLORIDA STATE GOLF ASSOCIATION 290.00 443696 11/27/2023 SPILMAN CO INC 805.22 443697 11/27/2023 STATE OF FLORIDA 19,899.15 443698 11/27/2023 MULLINAX FORD OF VERO BEACH 607.04 443699 11/27/2023 LOWES COMPANIES INC 209.75 443700 11/27/2023 PIVOTAL UTILITY HOLDINGS INC 22,398.95 443701 11/27/2023 CANDICE REEVES 500.00 443702 11/27/2023 UTIL REFUNDS 86.68 443703 11/27/2023 UTIL REFUNDS 60.31 443704 11/27/2023 UTIL REFUNDS 91.90 443705 11/27/2023 UTIL REFUNDS 49.16 443706 11/27/2023 UTIL REFUNDS 89.10 443707 11/27/2023 UTIL REFUNDS 17.87 443708 11/27/2023 UTIL REFUNDS 70.98 443709 11/27/2023 UTIL REFUNDS 37.89 443710 11/27/2023 UTIL REFUNDS 21.85 443711 11/27/2023 UTIL REFUNDS 88.19 443712 11/27/2023 UTIL REFUNDS 79.59 443713 11/27/2023 UTIL REFUNDS 57.99 443714 11/27/2023 UTIL REFUNDS 52.26 443715 11/27/2023 UTIL REFUNDS 77.63 443716 11/27/2023 UTIL REFUNDS 6.38 443717 11/27/2023 UTIL REFUNDS 55.55 443718 11/27/2023 UTIL REFUNDS 100.00 443719 11/27/2023 UTIL REFUNDS 45.34 443720 11/27/2023 UTIL REFUNDS 17.50 443721 11/27/2023 UTIL REFUNDS 78.61 443722 11/27/2023 UTIL REFUNDS 75.32 443723 11/27/2023 UTIL REFUNDS 78.98 443724 11/27/2023 UTIL REFUNDS 38.85 443725 11/27/2023 UTIL REFUNDS 56.62 37 TRANS NBR DATE VENDOR AMOUNT 443726 11/27/2023 UTIL REFUNDS 37.29 443727 11/27/2023 UTIL REFUNDS 23.92 443728 11/27/2023 UTIL REFUNDS 41.75 443729 11/27/2023 UTIL REFUNDS 32.93 443730 11/27/2023 UTIL REFUNDS 97.33 443731 11/27/2023 UTIL REFUNDS 23.29 443732 11/27/2023 UTIL REFUNDS 35.14 443733 11/27/2023 UTIL REFUNDS 46.88 443734 11/27/2023 PORT CONSOLIDATED INC 15,951.80 443735 11/27/2023 SSES INC 1,361.45 443736 11/27/2023 TEN -8 FIRE EQUIPMENT INC 720.58 443737 11/27/2023 VERO CHEMICAL DISTRIBUTORS INC 13.50 443738 11/27/2023 RICOH USA INC 32.35 443739 11/27/2023 PARALEE COMPANY INC 684.41 443740 11/27/2023 INDIAN RIVER BATTERY 1,201.30 443741 11/27/2023 GRAINGER 3,340.33 443742 11/27/2023 SAFETY KLEEN SYSTEMS INC 290.00 443743 11/27/2023 MCMASTER CARR SUPPLY CO 713.67 443744 11/27/2023 APPLE INDUSTRIAL SUPPLY CO 300.59 443745 11/27/2023 WILD LAND ENTERPRISES INC 84.00 443746 11/27/2023 HACH CO 4,688.00 443747 11/27/2023 PARKSON CORPORATION 481.85 443748 11/27/2023 BOUND TREE MEDICAL LLC 14,614.87 443749 11/27/2023 DIVE RESCUE INC 2,438.94 443750 11/27/2023 TIRESOLES OF BROWARD INC 9,082.16 443751 11/27/2023 ABCO GARAGE DOOR CO INC 7,210.50 443752 11/27/2023 DELL MARKETING LP 16,296.00 443753 11/27/2023 MIDWEST TAPE LLC 2,280.28 443754 11/27/2023 NORTHERN SAFETY CO INC 49.77 443755 11/27/2023 ODYSSEY MANUFACTURING CO 31,999.75 443756 11/27/2023 CLERK OF CIRCUIT COURT 10.00 443757 11/27/2023 CLERK OF CIRCUIT COURT 371.00 443758 11/27/2023 CITY OF VERO BEACH 4,078.35 443759 11/27/2023 CITY OF VERO BEACH 1,729.14 443760 11/27/2023 HOME DEPOT USA INC 193.19 443761 11/27/2023 FLORIDA DEPT OF TRANSPORTATION 12.86 443762 11/27/2023 JANITORIAL DEPOT OF AMERICA INC 399.90 443763 11/27/2023 HENRY FISCHER & SONS INC 1,180.00 443764 11/27/2023 PUBLIX SUPERMARKETS 175.00 443765 11/27/2023 PUBLIX SUPERMARKETS 10.78 443766 11/27/2023 WAL MART STORES EAST LP 300.00 443767 11/27/2023 FLORIDA ANIMAL CONTROL ASSOC INC 189.00 443768 11/27/2023 FLORIDA DEPT OF AGRICULTURE AND 0.00 443769 11/27/2023 FLORIDA DEPT OF AGRICULTURE AND 300.00 443770 11/27/2023 ACUSHNET COMPANY 262.80 443771 11/27/2023 WEST PUBLISHING CORPORATION 208.39 443772 11/27/2023 FEDERAL EXPRESS CORP 140.43 443773 11/27/2023 COMO OIL COMPANY OF FLORIDA 40.00 443774 11/27/2023 SIEMENS INDUSTRY INC 3,303.00 443775 11/27/2023 SOUTHEAST DESALTING ASSOCIATION 40.00 443776 11/27/2023 CALLAWAY GOLF SALES COMPANY 12,198.65 443777 11/27/2023 FLORIDA POWER AND LIGHT 41.09 443778 11/27/2023 FLORIDA POWER AND LIGHT 96,764.02 443779 11/27/2023 INDIAN RIVER COUNTY TAX COLLECTOR 184,570.86 443780 11/27/2023 FLORIDA BEACH PATROL CHIEFS ASSOC 125.00 443781 11/27/2023 TAYLOR MADE GOLF CO INC 268.68 443782 11/27/2023 TAYLOR MADE GOLF CO INC 1,122.93 443783 11/27/2023 GOLF VENTURES INC 3,505.28 443784 11/27/2023 HENRY SMITH 175.00 443785 11/27/2023 JOHN BROWN & SONS INC 8,220.00 38 TRANS NBR DATE VENDOR AMOUNT 443786 11/27/2023 FLORIDA DEPT OF FINANCIAL SERVICES 27,154.52 443787 11/27/2023 INTERNATIONAL CODE COUNCIL INC 493.79 443788 11/27/2023 FLORIDA ROOFING AND SHEET METAL 170.00 443789 11/27/2023 PRICEWATERHOUSECOOPERS LLP 22,500.00 443790 11/27/2023 FLORIDA SURVEYING & MAPPING 540.00 443791 11/27/2023 BRIDGESTONE AMERICAS INC 3,356.18 443792 11/27/2023 RECHTIEN INTERNATIONAL TRUCKS 445.50 443793 11/27/2023 HULETT ENVIRONMENTAL SERVICES 615.50 443794 11/27/2023 CINTAS CORPORATION NO 2 106.82 443795 11/27/2023 FLORIDA DEPT OF JUVENILE JUSTICE 45,172.77 443796 11/27/2023 SYNAGRO-WWT INC 75,289.19 443797 11/27/2023 FLORIDA FLOODPLAIN MANAGERS ASSOC 140.00 443798 11/27/2023 THE SHERWIN WILLIAMS CO 184.58 443799 11/27/2023 SOUTHERN JANITOR SUPPLY INC 1,673.46 443800 11/27/2023 GLOVER OIL COMPANY INC 71,508.83 443801 11/27/2023 SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 14,402.17 443802 11/27/2023 LARRY STEPHENS 50.00 443803 11/27/2023 ORCHID ISLAND PROPERTY MGMT II INC 19,460.00 443804 11/27/2023 AMERICAN WATER WORKS ASSOCIATION 10,795.00 443805 11/27/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 662.58 443806 11/27/2023 JOHNNY B SMITH 210.00 443807 11/27/2023 MENTAL HEALTH ASSOCIATION IRC INC 4,930.52 443808 11/27/2023 ASSOCIATION OF STATE FLOODPLAIN MANAGERS 180.00 443809 11/27/2023 SIMS CRANE & EQUIPMENT CO 3,379.75 443810 11/27/2023 PETER J CASSARA 4,185.00 443811 11/27/2023 GUARDIAN COMMUNITY RESOURCE MANAGEMENT 3,000.00 443812 11/27/2023 TREASURE COAST FOOD BANK INC 334.60 443813 11/27/2023 DANA SAFETY SUPPLY INC 193.92 443814 11/27/2023 F. J. NUGENT & ASSOCIATES INC 1,395.00 443815 11/27/2023 NICOLACE MARKETING INC 3,648.00 443816 11/27/2023 KEVIN S HAWKINS 660.00 443817 11/27/2023 BRENNTAG MID -SOUTH INC 8,822.49 443818 11/27/2023 STAT MEDICAL DISPOSAL INC 30.00 443819 11/27/2023 CHEMETRICS INC 1,080.00 443820 11/27/2023 XYLEM WATER SOLUTION USA INC 960.00 443821 11/27/2023 PROMATIC INC 1,325.25 443822 11/27/2023 CARDINAL HEALTH 110 INC 890.37 443823 11/27/2023 MUNICIPAL EMERGENCY SERVICES INC 480.25 443824 11/27/2023 BURNETT LIME CO INC 8,669.70 443825 11/27/2023 THE NEW YORK BLOWER CO 22,959.26 443826 11/27/2023 PENGUIN RANDOM HOUSE LLC 127.50 443827 11/27/2023 STS MAINTAIN SERVICES INC 14,419.70 443828 11/27/2023 COBRA GOLF INCORPORATED 1,778.82 443829 11/27/2023 SYLVIA MILLER 72.00 443830 11/27/2023 JOHN M ELLSWORTH CO INC 584.15 443831 11/27/2023 WILSON SPORTING GOODS CO 3,579.42 443832 11/27/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 153.60 443833 11/27/2023 BARSALOU VENTURES LLC 7,936.79 443834 11/27/2023 WURTH USA INC 417.32 443835 11/27/2023 EASTERN PIPELINE CONSTRUCTION INC 5,049.50 443836 11/27/2023 MATHESON TRI -GAS INC 9,999.84 443837 11/27/2023 COLE AUTO SUPPLY INC 5,050.70 443838 11/27/2023 KONICA MINOLTA BUSINESS SOLUTIONS 342.29 443839 11/27/2023 FLORIDA BULB & BALLAST INC 11,656.70 443840 11/27/2023 ENVIRONMENTAL OPERATING SOLUTION INC 40,124.40 443841 11/27/2023 CORE & MAIN LP 77,401.28 443842 11/27/2023 WOERNER AGRIBUSINESS LLC 420.00 443843 11/27/2023 REXEL USA INC 452.68 443844 11/27/2023 AMAZON CAPITAL SERVICES INC 6,417.32 443845 11/27/2023 PACE ANALYTICAL SERVICES LLC 472.48 39 TRANS NBR DATE VENDOR AMOUNT 443846 11/27/2023 PACE ANALYTICAL SERVICES LLC 488.25 443847 11/27/2023 AMERIGAS PROPANE LP 1,970.11 443848 11/27/2023 THE HOPE FOR FAMILIES CENTER INC 2,907.74 443849 11/27/2023 JORDAN POWER EQUIPMENT CORP 8,971.73 443850 11/27/2023 CK CONTRACTORS & DEVELOPMENT LLC 33,200.98 443851 11/27/2023 MULLINAX FORD OF VERO BEACH 4,741.62 443852 11/27/2023 GELCO SUPPLY INC 1,924.60 443853 11/27/2023 SOUTH CENTRAL PLANNING & DEVELOPMENT COMM 4,813.33 443854 11/27/2023 KRONOS SAASHR INC 196.56 443855 11/27/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 386.69 443856 11/27/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 84.63 443857 11/27/2023 SUNQUEST APARTMENTS LLC 840.00 443858 11/27/2023 EFLASH NEWSLETTERS LLC 150.00 443859 11/27/2023 SUNBELT HYDRAULIC & EQUIPMENT INC 1,221.95 443860 11/27/2023 MT CAUSLEY LLC 53,748.75 443861 11/27/2023 BLUE GOOSE CONSTRUCTION LLC 6,583.84 443862 11/27/2023 ORCHARD GROVE VENTURE LLC 1,880.00 443863 11/27/2023 STAPLES INC 100.10 443864 11/27/2023 LOWES COMPANIES INC 2,429.24 443865 11/27/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 225.00 443866 11/27/2023 MILLENNIUM CREMATORY LLC 750.00 443867 11/27/2023 TOTAL GOLF CART LLC 360.90 443868 11/27/2023 RARESTEP INC 9,240.00 443869 11/27/2023 ROBERT A HUDSON 150.00 443870 11/27/2023 THEODORE SEMI 265.00 443871 11/27/2023 QUADMED INC 2,544.72 443872 11/27/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 600.00 443873 11/27/2023 CONSTANT CONTACT INC 1,008.00 443874 11/27/2023 WITTENBACH BUSINESS SYSTEMS LLC 400.00 443875 11/27/2023 BRITTON INDUSTRIES INC 64.94 443876 11/27/2023 LAWRENCE F WALLIN 75.00 443877 11/27/2023 HIREQUEST LLC 5,146.72 443878 11/27/2023 NANCI ROBINSON 200.00 443879 11/27/2023 NEX-GEN PARTNERS LLC 750.00 443880 11/27/2023 CER SIGNATURE CLEANING LLC 5,900.00 443881 11/27/2023 AMERICAN BACKFLOW PRODUCTS COMPANY 283.98 443882 11/27/2023 RECOLLECT SYSTEMS 9,293.76 443883 11/27/2023 GOMEZ BROTHERS CONTRACT SERVICES 270.00 443884 11/27/2023 SHRIEVE CHEMICAL CO LLC 4,201.33 443885 11/27/2023 BTAC HOLDING CORP 1,960.61 443886 11/27/2023 TPH HOLDINGS LLC 233.46 443887 11/27/2023 VERO BEACH GOLF CARS LLC 129.70 443888 11/27/2023 RONALD MARASCO SR 265.00 443889 11/27/2023 TAYLOR NELSON AUXIER 125.00 443890 11/27/2023 STERLING CUT GLASS CO INC 774.28 443891 11/27/2023 XEROX CORPORATION 498.17 443892 11/27/2023 BLUETARP FINANCIAL INC 103.50 443893 11/27/2023 AIRVAC INC 503.73 443894 11/27/2023 JORDAN PARKER 125.00 443895 11/27/2023 DORMIE GOLF WORKSHOP INC 670.00 443896 11/27/2023 ARTHUR J MALTY 125.00 443897 11/27/2023 JOHN DIGIACOMO 125.00 443898 11/27/2023 BATES AIR & HEAT LLC 215.01 443899 11/27/2023 LF STAFFING SERVICES INC 1,308.96 443900 11/27/2023 LF STAFFING SERVICES INC 2,967.50 443901 11/27/2023 NICHOLAS BERGER 3,692.50 443902 11/27/2023 JUSTIN MCCLURE 2,990.00 443903 11/27/2023 WRIGHT NATIONAL FLOOD INSURANCE COMPANY 11,902.00 443904 11/27/2023 KEIYON MILLS 245.00 443905 11/27/2023 TYRELL MORGAN 125.00 40 4 TRANS NBR DATE VENDOR AMOUNT 443906 11/27/2023 UNIVAR SOLUTIONS USA INC 3,467.10 443907 11/27/2023 VECELLIO GROUP INC 262.55 443908 11/27/2023 WATERBLASTING LLC 20,502.40 443909 11/27/2023 PALMDALE INTERMEDIATE LLC 798.52 443910 11/27/2023 CYNTHIA WOLD 125.00 443911 11/30/2023 CLERK OF CIRCUIT COURT 481.50 443912 11/30/2023 INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 443913 11/30/2023 VICTIM ASSISTANCE PROGRAM 8,253.08 443914 11/30/2023 ROGER J NICOSIA 1,500.00 443915 11/30/2023 CITY OF VERO BEACH 2,230.27 443916 11/30/2023 CITY OF VERO BEACH 11,987.50 443917 11/30/2023 ST LUCIE COUNTY BOCC 66,715.16 443918 11/30/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 3,515.60 443919 11/30/2023 DIRECTV GROUP INC 94.24 443920 11/30/2023 HOWARD RICHARDS 100.00 443921 11/30/2023 CHANDLER HENRY 500.00 443922 11/30/2023 SOLOMON WANGOY 444.50 443923 11/30/2023 UTIL REFUNDS 548.36 443924 11/30/2023 UTIL REFUNDS 1,907.06 443925 11/30/2023 UTIL REFUNDS 100.00 443926 11/30/2023 UTIL REFUNDS 200.00 443927 11/30/2023 TLC DIVERSIFIED INC 70,965.00 443928 11/30/2023 SOUTHERN MANAGEMENT LLC 5,552.00 443929 11/30/2023 CENTERLINE UTILITIES INC 113,544.85 443930 11/30/2023 INDIAN RIVER DOCKS LLC 84,694.40 443931 11/30/2023 TETRA TECH INC 1,525.00 443932 11/30/2023 J-MAC CLEANING SERVICES INC 5,591.66 443933 11/30/2023 DON HINKLE CONSTRUCTION INC 38,934.34 443934 11/30/2023 MICHAEL ZITO 202.83 443935 11/30/2023 KARI CUNDIFF 25.00 443936 11/30/2023 SUSAN ADAMS 188.99 443937 11/30/2023 RACE TO SAFETY TRAINING LLC 250.00 443938 11/30/2023 KATHY COPELAND 188.72 443939 11/30/2023 JOHN TITKANICH 199.27 443940 11/30/2023 N HARRIS COMPUTER CORPORATION 2,100.00 443941 11/30/2023 PORT CONSOLIDATED INC 1,025.35 443942 11/30/2023 VERO CHEMICAL DISTRIBUTORS INC 913.10 443943 11/30/2023 RICOH USA INC 140.84 443944 11/30/2023 SAFETY PRODUCTS INC 2,640.14 443945 11/30/2023 DATA FLOW SYSTEMS INC 17,413.41 443946 11/30/2023 LINDEN-BEALS CORP 445.06 443947 11/30/2023 INDIAN RIVER BATTERY 432.25 443948 11/30/2023 GRAINGER 3,034.61 443949 11/30/2023 HACH CO 9,942.49 443950 11/30/2023 MEEKS PLUMBING INC 148.00 443951 11/30/2023 CARTER ASSOCIATES INC 552.94 443952 11/30/2023 DELL MARKETING LP 11,697.88 443953 11/30/2023 MYRON L COMPANY 748.50 443954 11/30/2023 COMPUTYPE INC 1,564.25 443955 11/30/2023 CENGAGE LEARNING INC 871.20 443956 11/30/2023 SOFTWARE HARDWARE INTEGRATION 335,361.20 443957 11/30/2023 WILLIE C REAGAN 850.00 443958 11/30/2023 CITY OF VERO BEACH 4,989.64 443959 11/30/2023 HOME DEPOT USA INC 742.88 443960 11/30/2023 JANITORIAL DEPOT OF AMERICA INC 2,742.80 443961 11/30/2023 TREASURE COAST HOMELESS SERVICES 6,594.00 443962 11/30/2023 BRACKETT FAMILY LIMITED PARTNERSHIP 1,174.00 443963 11/30/2023 ACUSHNET COMPANY 1,467.35 443964 11/30/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 45.97 443965 11/30/2023 COMO OIL COMPANY OF FLORIDA 80.00 41 TRANS NBR DATE VENDOR AMOUNT 443966 11/30/2023 FLORIDA POWER AND LIGHT 132,810.33 443967 11/30/2023 FLORIDA POWER AND LIGHT 5,236.52 443968 11/30/2023 NATIONAL GOLF FOUNDATION 295.00 443969 11/30/2023 GLOBAL GOLF SALES INC 164.71 443970 11/30/2023 GREY HOUSE PUBLISHING 154.44 443971 11/30/2023 DAVID SPARKS 1,601.00 443972 11/30/2023 FORT PIERCE HOUSING AUTHORITY 825.00 443973 11/30/2023 THE PALMS AT VERO BEACH 2,347.00 443974 11/30/2023 TRANE US INC 3,427.80 443975 11/30/2023 HULETT ENVIRONMENTAL SERVICES 354.00 443976 11/30/2023 ARTHUR PRUETT 791.00 443977 11/30/2023 ELECTRONIC ACCESS SPECIALIST 295.24 443978 11/30/2023 SOUTHERN JANITOR SUPPLY INC 643.46 443979 11/30/2023 MICHAEL JAHOLKOWSKI 551.00 443980 11/30/2023 ART KRAFT SIGN CO INC 743.00 443981 11/30/2023 RICHARD SCHLITT 841.00 443982 11/30/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 273.25 443983 11/30/2023 SUNCOAST REALTY & RENTAL MGMT LLC 872.00 443984 11/30/2023 PAK MAIL 128.87 443985 11/30/2023 PAMELA R CUMMINGS 1,186.00 443986 11/30/2023 GLOBALSTAR USA 226.34 443987 11/30/2023 KARI CUNDIFF 260.00 443988 11/30/2023 INDIAN RIVER RDA LP 508.00 443989 11/30/2023 AFFORDABLE WATER & COFFEE SVC 37.50 443990 11/30/2023 MARINCO BIOASSAY LABORATORY INC 6,660.00 443991 11/30/2023 OKEECHOBEE PARTNERS LLC 1,167.00 443992 11/30/2023 BRENNTAG MID-SOUTH INC 8,859.64 443993 11/30/2023 CHEMETRICS INC 110.36 443994 11/30/2023 TORRES ELECTRICAL SUPPLY COMPANY INC 120.15 443995 11/30/2023 MISS INC OF THE TREASURE COAST 941.00 443996 11/30/2023 ATLANTIC ROOFING II OF VERO BEACH INC 10,270.00 443997 11/30/2023 R J THOMAS MANUFACTURING CO INC 1,326.00 443998 11/30/2023 PENGUIN RANDOM HOUSE LLC 67.50 443999 11/30/2023 COBRA GOLF INCORPORATED 170.32 444000 11/30/2023 HAWKINS INC 4,488.00 444001 11/30/2023 AUGUSTUS B FORT JR 941.00 444002 11/30/2023 H&H SHADOWBROOK LLC 794.00 444003 11/30/2023 GOTTA GO GREEN ENTERPISES INC 68.80 444004 11/30/2023 WEDGEWOOD RENTALS LLC 858.00 444005 11/30/2023 CDW LLC 122.42 444006 11/30/2023 BIBLIOTHECA LLC 4,594.00 444007 11/30/2023 COLE AUTO SUPPLY INC 9,168.73 444008 11/30/2023 FLORIDA BULB & BALLAST INC 434.00 444009 11/30/2023 CORE & MAIN LP 13,897.58 444010 11/30/2023 BROWNELLS INC 22,302.60 444011 11/30/2023 INDIAN RIVER DOCKS LLC 42,000.00 444012 11/30/2023 WOERNER AGRIBUSINESS LLC 456.00 444013 11/30/2023 BOTTOMS UP BEVERAGE OF FLORIDA LLC 2,976.00 444014 11/30/2023 KARL POKRANDT 1,117.00 444015 11/30/2023 BRANDON ROUER 3,285.00 444016 11/30/2023 HUDSON CONSULTING & MANAGEMENT LLC 716.00 444017 11/30/2023 AMAZON CAPITAL SERVICES INC 3,611.81 444018 11/30/2023 JORDAN POWER EQUIPMENT CORP 398.81 444019 11/30/2023 SHARON P BRENNAN 689.00 444020 11/30/2023 KRONOS SAASHR INC 34,398.00 444021 11/30/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 910.26 444022 11/30/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 208.00 444023 11/30/2023 A PLUS PROPERTY MANAGEMENT INC 6,670.00 444024 11/30/2023 STAPLES INC 193.65 444025 11/30/2023 LOWES COMPANIES INC 2,094.71 42 TRANS NBR DATE VENDOR AMOUNT 444026 11/30/2023 SMI TRADING LLC 87.61 444027 11/30/2023 TOSHIBA AMERICA BUSINESS SOLUTIONS INC 77.28 444028 11/30/2023 TAGMARSHAL INTERNATIONAL LIMITED 2,019.20 444029 11/30/2023 TOTAL GOLF CART LLC 173.00 444030 11/30/2023 BREGO PROPERTIES LLC 861.00 444031 11/30/2023 PLAYCORE WISCONSIN INC 6,055.21 444032 11/30/2023 SREIT LEXINGTON CLUB LLC 4,377.00 444033 11/30/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 272.00 444034 11/30/2023 MARLBROS HOLDINGS LLC 1,341.00 444035 11/30/2023 J-MAC CLEANING SERVICES INC 433.33 444036 11/30/2023 BRITTON INDUSTRIES INC 698.25 444037 11/30/2023 SEUNG KIM 650.00 444038 11/30/2023 INTERNATIONAL BRONZE PLAQUE CO INC 318.00 444039 11/30/2023 NEX-GEN PARTNERS LLC 8,170.00 444040 11/30/2023 CLEAN SPACE INC 455.00 444041 11/30/2023 EZAS INVESTMENTS LLC 1,450.00 444042 11/30/2023 TOURNAMENT SOLUTIONS LLC 3,542.81 444043 11/30/2023 MICHAEL MILLER 1,600.00 444044 11/30/2023 RS REALTY ADVISORS LLC 2,201.00 444045 11/30/2023 DOBBS EQUIPMENT LLC 9,234.47 444046 11/30/2023 GOMEZ BROTHERS CONTRACT SERVICES 180.00 444047 11/30/2023 WILLIAM J LAHEY 996.00 444048 11/30/2023 SONIA SUSAN SOSA 1,383.00 444049 11/30/2023 ULTIMATE PROPERTIES & LOGISTICS LLC 1,037.00 444050 11/30/2023 BTAC HOLDING CORP 3,515.25 444051 11/30/2023 SEVEN ISLES CAPITAL 236.00 444052 11/30/2023 KAREN CHENNELL 2,027.00 444053 11/30/2023 JT VERO PROPERTIES LLC 2,574.00 444054 11/30/2023 JACOURT LLC 1,043.00 444055 11/30/2023 DE 2018 PLLC 3,167.07 444056 11/30/2023 SM REALTY PARTNERS LLC 2,207.00 444057 11/30/2023 XEROX CORPORATION 514.04 444058 11/30/2023 IXORIA RE LLC 1,141.00 444059 11/30/2023 HI LIFE PROPERTY MANAGEMENT LLC 1,791.00 444060 11/30/2023 JB JONES JR 877.00 444061 11/30/2023 UNA GRAHAM 1,400.00 444062 11/30/2023 HAR-RO PROPERTIES LLC 1,030.00 444063 11/30/2023 JOHN DAVID HAYES 2,434.00 444064 11/30/2023 GARY C ALERTE JR 1,500.00 444065 11/30/2023 BATES AIR & HEAT LLC 86.40 444066 11/30/2023 FIONNA SMITH 1,417.00 444067 11/30/2023 PINES VILLAGE LLC 2,144.00 444068 11/30/2023 TREASURE COAST MANAGEMENT SPECIALISTS LLC 1,351.00 444069 11/30/2023 EMS TECHNOLOGY SOLUTIONS LLC 1,170.00 444070 11/30/2023 DENA KAY MATTHEWS 2,079.00 444071 11/30/2023 MORSE COMMUNICATIONS INC 12,852.00 444072 11/30/2023 INDIO RIVER LLC 937.00 Grand Total: 3,125,118.81 43 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1021139 11/27/2023 PARKS RENTAL & SALES INC 2,561.74 1021140 11/27/2023 INDIAN RIVER OXYGEN INC 391.25 1021141 11/27/2023 MIKES GARAGE & WRECKER SERVICE INC 170.00 1021142 11/27/2023 GALLS LLC 1,084.43 1021143 11/27/2023 IRRIGATION CONSULTANTS UNLIMITED INC 188.77 1021144 11/27/2023 GROVE WELDERS INC 4,969.38 1021145 11/27/2023 TOTAL TRUCK PARTS INC 646.98 1021146 11/27/2023 PRIDE ENTERPRISES 597.27 1021147 11/27/2023 BARKER ELECTRIC, AIR CONDITIONING 1,350.00 1021148 11/27/2023 SPINNAKER VERO INC 1,574.12 1021149 11/27/2023 AUTO PARTNERS LLC 14,134.64 1021150 11/27/2023 UNIFIRST CORPORATION 1,336.47 1021151 11/27/2023 GUARDIAN ALARM OF FLORIDA LLC 569.85 1021152 11/27/2023 NEXAIR LLC 155.08 1021153 11/27/2023 EFE INC 2,461.32 1021154 11/27/2023 FIRST HOSPITAL LABORATORIES INC 248.00 1021155 11/27/2023 HD SUPPLY INC 312.34 1021156 11/30/2023 RING POWER CORPORATION 2,836.88 1021157 11/30/2023 DEMCOINC 1,457.94 1021158 11/30/2023 GALLS LLC 927.37 1021159 11/30/2023 IRRIGATION CONSULTANTS UNLIMITED INC 312.37 1021160 11/30/2023 COMPLETE RESTAURANT EQUIPMENT LLC 712.18 1021161 11/30/2023 WRIGHT FASTENER COMPANY LLC 108.00 1021162 11/30/2023 UNIFIRST CORPORATION 683.93 1021163 11/30/2023 GUARDIAN ALARM OF FLORIDA LLC 85.00 1021164 11/30/2023 NEXAIR LLC 21.51 1021165 11/30/2023 EFE INC 12,151.28 1021166 11/30/2023 CARLON INC 956.00 Grand Total: 53,004.10 44 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 11031 11/27/2023 IRS -PAYROLL TAXES 646,221.34 11032 11/27/2023 P&AADMIMSTRATIVE SERVICES INC 186.78 11033 11/27/2023 P&A ADMINISTRATIVE SERVICES INC 592.13 11034 11/27/2023 P&A ADMINISTRATIVE SERVICES INC 1,395.87 11035 11/27/2023 AMERICAN FAMILY LIFE ASSURANCE CO 2,728.61 11036 11/27/2023 P&A ADMINISTRATIVE SERVICES INC 1,143.43 11037 11/27/2023 P&A ADMINISTRATIVE SERVICES INC 330.10 11038 11/28/2023 KIMLEY HORN & ASSOC INC 19,992.90 11039 11/28/2023 IRC CHAMBER OF COMMERCE 32,322.21 11040 11/28/2023 IRC CHAMBER OF COMMERCE 122,697.06 11041 11/28/2023 EDH HOLDINGS LLC 299.04 11042 11/28/2023 P&AADMINISTRATIVE SERVICES INC 698.38 11043 11/28/2023 P&AADMINISTRATIVE SERVICES INC 275.94 11044 11/29/2023 IRS -PAYROLL TAXES 178.83 11045 11/29/2023 P&AADMINISTRATIVE SERVICES INC 192.82 11046 11/29/2023 P&AADMINISTRATIVE SERVICES INC 1,007.67 11047 11/30/2023 P&A ADMINISTRATIVE SERVICES INC 2,997.43 11048 11/30/2023 P&AADMINISTRATIVE SERVICES INC 580.00 Grand Total: 833,840.54 45 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 7, 2023 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS December 1, 2023 to December 7, 2023 l �ycOuwry 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 Division, for the time period of December 1, 2023 to December 7, 2023. 46 CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 444073 12/07/2023 FLORIDA EMERGENCY PREPAREDNESS 300.00 444074 12/07/2023 FLORIDA EMERGENCY PREPAREDNESS 300.00 444075 12/07/2023 FLORIDA EMERGENCY PREPAREDNESS 300.00 444076 12/07/2023 FLORIDA EMERGENCY PREPAREDNESS 300.00 444077 12/07/2023 INTERNATIONAL ASSOCIATION OF 580.00 444078 12/07/2023 QUINTIN BERGMAN 222.28 444079 12/07/2023 COMMUNICATIONS INTERNATIONAL 163,392.85 444080 12/07/2023 INTERNATIONAL GOLF MAINTENANCE INC 118,688.17 444081 12/07/2023 GEOSYNTEC CONSULTANTS INC 56,262.77 444082 12/07/2023 MBV ENGINEERING INC 8,450.00 444083 12/07/2023 MASTELLER & MOLER INC 14,247.50 444084 12/07/2023 REHMANN GROUP LLC 40,000.00 444085 12/07/2023 KRAUS ASSOCIATES INC 23,475.00 444086 12/07/2023 ANDERSEN ANDRE CONSULTING ENGINEERS INC 4,894.00 444087 12/07/2023 CATHEDRAL CORPORATION 17,700.00 444088 12/07/2023 CENTERLINE UTILITIES INC 179,389.71 444089 12/07/2023 COMMANDLINK LLC 3,460.80 444090 12/07/2023 WEX HEALTH INC 6,018.70 444091 12/07/2023 KATE PRIEST LCSW LLC 5,000.00 444092 12/07/2023 BULK EXPRESS TRANSPORT INC 300.90 444093 12/07/2023 TIGER NATURAL GAS, INC. 55,115.20 444094 12/07/2023 S&ME INC 29,916.62 444095 12/07/2023 QCR HOLDINGS INC & SUBSIDIARIES 2,514.20 444096 12/07/2023 RICOH USA INC 51.60 444097 12/07/2023 AT&T WIRELESS 127.69 444098 12/07/2023 CLERK OF CIRCUIT COURT 54.00 444099 12/07/2023 AT&T CORP 1,318.74 444100 12/07/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 157.43 444101 12/07/2023 CELICO PARTNERSHIP 112.57 444102 12/07/2023 FISHER & PHILLIPS LLP 3,263.50 444103 12/07/2023 LOWES COMPANIES INC 90.24 444104 12/07/2023 KIB CONSTRUCTION CORP 31,351.00 444105 12/07/2023 BRYAN T DEARING JR 12,000.00 444106 12/07/2023 CARL SOVINE 50.00 444107 12/07/2023 INDIO RIVER LLC 5,747.33 444108 12/07/2023 TECHSOUP GLOBAL 5,040.00 444109 12/07/2023 UTIL REFUNDS 35.89 444110 12/07/2023 UTIL REFUNDS 100.00 444111 12/07/2023 PORT CONSOLIDATED INC 908.73 444112 12/07/2023 COMMUNICATIONS INTERNATIONAL 387.20 444113 12/07/2023 VERO CHEMICAL DISTRIBUTORS INC 810.40 444114 12/07/2023 RICOH USA INC 103.00 444115 12/07/2023 DATA FLOW SYSTEMS INC 3,086.38 444116 12/07/2023 E -Z BREW COFFEE & BOTTLE WATER SVC 188.00 444117 12/07/2023 INDIAN RIVER BATTERY 5,598.80 444118 12/07/2023 GRAINGER 807.44 444119 12/07/2023 WILD LAND ENTERPRISES INC 205.00 444120 12/07/2023 HACH CO 198.00 444121 12/07/2023 CLIFF BERRY INC 272.65 444122 12/07/2023 PARKSON CORPORATION 3,882.48 444123 12/07/2023 MEEKS PLUMBING INC 31,609.03 444124 12/07/2023 BOUND TREE MEDICAL LLC 291.98 444125 12/07/2023 TIRESOLES OF BROWARD INC 1,815.34 444126 12/07/2023 MIDWEST TAPE LLC 3,155.91 444127 12/07/2023 ODYSSEY MANUFACTURING CO 8,718.75 444128 12/07/2023 K & M ELECTRIC SUPPLY INC 26.73 1 47 TRANS NBR DATE VENDOR AMOUNT 444129 12/07/2023 CENGAGE LEARNING INC 47.98 444130 12/07/2023 CITY OF VERO BEACH 271.93 444131 12/07/2023 HOME DEPOT USA INC 3,124.92 444132 12/07/2023 INDIAN RIVER COUNTY SHERIFF 30.00 444133 12/07/2023 FLORIDA DEPT OF TRANSPORTATION 17.40 444134 12/07/2023 LIVINGSTON PAGE 105.00 444135 12/07/2023 PUBLIX SUPERMARKETS 25.05 444136 12/07/2023 PUBLIX SUPERMARKETS 218.69 444137 12/07/2023 FEDERAL EXPRESS CORP 177.18 444138 12/07/2023 CENTRAL A/C & REFRIGERATION SUPPLY INC 14.38 444139 12/07/2023 COMO OIL COMPANY OF FLORIDA 387.20 444140 12/07/2023 CALLAWAY GOLF SALES COMPANY 233.05 444141 12/07/2023 FLORIDA RECREATION & PARK ASSOC INC 160.00 444142 12/07/2023 FLORIDA POWER AND LIGHT 4,788.04 444143 12/07/2023 FLORIDA POWER AND LIGHT 73,841.67 444144 12/07/2023 FLORIDA POWER AND LIGHT 44,633.96 444145 12/07/2023 TAYLOR MADE GOLF CO INC 1,228.11 444146 12/07/2023 EPSILON SIGMA PHI 75.00 444147 12/07/2023 FLORIDA EMERGENCY PREPAREDNESS 100.00 444148 12/07/2023 FLORIDA EMERGENCY PREPAREDNESS .100.00 444149 12/07/2023 FLORIDA EMERGENCY PREPAREDNESS 100.00 444150 12/07/2023 HENRY SMITH 155.00 444151 12/07/2023 TRANE US INC 919.60 444152 12/07/2023 HULETT ENVIRONMENTAL SERVICES 50.50 444153 12/07/2023 CINTAS CORPORATION NO 2 221.40 444154 12/07/2023 FL ASSOC OF COUNTY AGRICULTURAL AGENTS 200.00 444155 12/07/2023 THE SHERWIN WILLIAMS CO 179.75 444156 12/07/2023 SOUTHERN JANITOR SUPPLY INC 2,302.92 444157 12/07/2023 JACKS COMPLETE TREE SERVICE INC 250.00 444158 12/07/2023 ETR LLC 85.76 444159 12/07/2023 GLOVER OIL COMPANY INC 29,740.41 444160 12/07/2023 CONSOLIDATED ELECTRICAL DISTRIBUTORS INC 697.00 444161 12/07/2023 JOHNNY B SMITH 275.00 444162 12/07/2023 SIMS CRANE & EQUIPMENT CO 6,542.86 444163 12/07/2023 PETER J CASSARA 2,385.00 444164 12/07/2023 MARINCO BIOASSAY LABORATORY INC 1,465.00 444165 12/07/2023 NICOLACE MARKETING INC 3,155.00 444166 12/07/2023 RANGE SERVANT AMERICA INC 4,412.47 444167 12/07/2023 BRENNTAG MID-SOUTH INC 17,775.00 444168 12/07/2023 THOMPSONS REMODELING & HOME REPAIR INC 3,500.00 444169 12/07/2023 FLORIDA ARMATURE WORKS INC 9,202.01 444170 12/07/2023 FLORIDA COAST EQUIPMENT INC 1,228.10 444171 12/07/2023 FLORIDA COAST EQUIPMENT INC 9,324.77 444172 12/07/2023 OVERDRIVE INC 2,079.69 444173 12/07/2023 XYLEM WATER SOLUTION USA INC 29,115.80 444174 12/07/2023 MUNICIPAL EMERGENCY SERVICES INC 1,405.18 444175 12/07/2023 BURNETT LIME CO INC 8,665.90 444176 12/07/2023 STS MAINTAIN SERVICES INC 17,586.13 444177 12/07/2023 MASCHMEYER CONCRETE COMPANY OF FLORIDA 502.23 444178 12/07/2023 COBRA GOLF INCORPORATED 2,154.86 444179 12/07/2023 MICHAEL EDWARD HAMILTON 300.00 444180 12/07/2023 HAWKINS INC 748.00 444181 12/07/2023 CATHEDRAL CORPORATION 2,449.66 444182 12/07/2023 WILSON SPORTING GOODS CO 283.42 444183 12/07/2023 SITEONE LANDSCAPE SUPPLY HOLDINGS LLC 202.30 444184 12/07/2023 BARSALOU VENTURES LLC 2,203.81 444185 12/07/2023 DEBBIE CARSON 100.00 444186 12/07/2023 COLE AUTO SUPPLY INC 9,064.88 444187 12/07/2023 DAY DREAMS UNIFORMS INC 66.20 2 48 TRANS NBR DATE VENDOR AMOUNT 444188 12/07/2023 CORE & MAIN LP 40,696.24 444189 12/07/2023 DIRECTV GROUP INC 94.24 444190 12/07/2023 AMAZON CAPITAL SERVICES INC 369.68 444191 12/07/2023 AMAZON CAPITAL SERVICES INC 2,367.24 444192 12/07/2023 AMERIGAS PROPANE LP 4,012.38 444193 12/07/2023 JORDAN POWER EQUIPMENT CORP 409.88 444194 12/07/2023 CK CONTRACTORS & DEVELOPMENT LLC 184,443.52 444195 12/07/2023 LIBERTY TIRE RECYCLING LLC 5,837.20 444196 12/07/2023 DERECK R PRINCE 255.00 444197 12/07/2023 MULLINAX FORD OF VERO BEACH 2,666.72 444198 12/07/2023 JUDITH A BURLEY 582.00 444199 12/07/2023 KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 350.91 444200 12/07/2023 BLUE GOOSE CONSTRUCTION LLC 14,603.51 444201 12/07/2023 STAPLES INC 511.27 444202 12/07/2023 LOWES COMPANIES INC 3,938.34 444203 12/07/2023 SMI TRADING LLC 4.50 444204 12/07/2023 GOOD SPORTSMAN MARKETING LLC 1,566.16 444205 12/07/2023 SPORTS ENGINE INC 111.00 444206 12/07/2023 ROBERT A HUDSON 375.00 444207 12/07/2023 THEODORE SEMI 500.00 444208 12/07/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 1,200.00 444209 12/07/2023 WIPEOUT SERVICES LLC 175.00 444210 12/07/2023 VATLAND CDJR LLC 869.00 444211 12/07/2023 JUNIPER LANDSCAPING OF FLORIDA LLC 7,298.00 444212 12/07/2023 SCALESGEAR.COM LLC 1,310.56 444213 12/07/2023 LAWRENCE F WALLIN 150.00 444214 12/07/2023 ELECTRONIC SECURITY & TECHNOLOGY INC 119.94 444215 12/07/2023 HIREQUEST LLC 3,089.73 444216 12/07/2023 PETERBILT STORE SOUTH FLORIDA LLC 3,525.90 444217 12/07/2023 CER SIGNATURE CLEANING LLC 5,050.00 444218 12/07/2023 GOMEZ BROTHERS CONTRACT SERVICES 1,950.00 444219 12/07/2023 PIVOTAL UTILITY HOLDINGS INC 47.15 444220 12/07/2023 STRATEGIC GOVERNMENT RESOURCES INC 8,666.74 444221 12/07/2023 CAMP HAVEN INC 210.00 444222 12/07/2023 SHRIEVE CHEMICAL CO LLC 8,594.28 444223 12/07/2023 BTAC HOLDING CORP 7,381.40 444224 12/07/2023 TK ELEVATOR CORPORATION 2,165.21 444225 12/07/2023 CRYSTAL MCANELLY DIVERS 95.00 444226 12/07/2023 SEVEN ISLES CAPITAL 983.00 444227 12/07/2023 RONALD MARASCO SR 425.00 444228 12/07/2023 BRIGHTVIEW LANDSCAPE SERVICES INC 3,200.00 444229 12/07/2023 JEFFERY HOGUES 6,450.00 444230 12/07/2023 TAYLOR NELSON AUXIER 375.00 444231 12/07/2023 PREMIER NURSERIES LLC 7,310.00 444232 12/07/2023 XEROX CORPORATION 1,628.51 444233 12/07/2023 US ECOLOGY TAMPA INC 25,422.21 444234 12/07/2023 DONNA W ROBERTS 120.00 444235 12/07/2023 EMPIRE PIPE & SUPPLY COMPANY INC 1,085.52 444236 12/07/2023 JORDAN PARKER 125.00 444237 12/07/2023 ASSOCIATION OF NATURAL RESOURCES 110.00 444238 12/07/2023 EUROFINS ENVIRONMENT TESTING AMERICA HOLDI2 7,018.00 444239 12/07/2023 FL ASSOCIATION OF PUBLIC PROCUREMENT OFFICIA] 310.00 444240 12/07/2023 ARTHUR J MALTY 275.00 444241 12/07/2023 JOHN DIGIACOMO 375.00 444242 12/07/2023 BATES AIR & HEAT LLC 1,385.00 444243 12/07/2023 LF STAFFING SERVICES INC 3,294.34 444244 12/07/2023 GEARFACE LLC 6,203.73 444245 12/07/2023 CENTRAL FLORIDA EXPRESSWAY AUTHORITY 12.64 444246 12/07/2023 KATHERINE L NALL 84.00 3 49 TRANS NBR DATE VENDOR AMOUNT 444247 12/07/2023 C&S CHEMICALS INC 4,353.90 444248 12/07/2023 CYNTHIA A BRUTOSKY 15.00 444249 12/07/2023 KEIYON MILLS 50.00 444250 12/07/2023 MARY L TOMARO 300.00 444251 12/07/2023 VEGA AMERICAS INC 867.59 444252 12/07/2023 ENTERPRISE UAS LLC 20,107.95 444253 12/07/2023 VECELLIO GROUP INC 1,776.44 444254 12/07/2023 STEWART & STEVENSON LLC 26,147.00 444255 12/07/2023 STEWART & STEVENSON LLC 12,393.93 444256 12/07/2023 GANNETT MEDIA CORP 196.00 444257 12/07/2023 CYNTHIA WOLD 175.00 Grand Total: 1,601,237.14 4 50 RENTAL ASSISTANCE CHECKS WRITTEN TRANS NBR DATE VENDOR AMOUNT 903034 12/01/2023 GRACES LANDING LTD 647.00 903035 12/01/2023 CREATIVE CHOICE HOMES XVI LTD 777.00 903036 12/01/2023 FLORIDA POWER AND LIGHT 92.00 903037 12/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 320.00 903038 12/01/2023 PELICAN ISLES LP 661.00 903039 12/01/2023 LAZY J LLC 428.00 903040 12/01/2023 COALITION FOR ATTAINABLE HOMES INC 691.00 903041 12/01/2023 ORCHARD GROVE VENTURE LLC 6,025.00 903042 12/01/2023 SREIT LEXINGTON CLUB LLC 2,729.00 903043 12/01/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 298.00 903044 12/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 4,562.00 903045 12/01/2023 JACOURT LLC 3,781.00 903046 12/01/2023 GRACES LANDING LTD 12,947.00 903047 12/01/2023 BETTY DAVIS SCROGGS 665.00 903048 12/01/2023 CREATIVE CHOICE HOMES XVI LTD 9,477.00 903049 12/01/2023 DAVID YORK 710.00 903050 12/01/2023 ST FRANCIS MANOR OF VERO BEACH 1,679.00 903051 12/01/2023 TREASURE COAST HOMELESS SERVICES 2,472.00 903052 12/01/2023 FLORIDA POWER AND LIGHT 203.00 903053 12/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 4,450.00 903054 12/01/2023 INDIAN RIVER COUNTY HOUSING AUTHORITY 5,968.00 903055 12/01/2023 THE PALMS AT VERO BEACH 26,662.00 903056 12/01/2023 DAVID CONDON 980.00 903057 12/01/2023 HILARY MCIVOR 539.00 903058 12/01/2023 PELICAN ISLES LP 11,049.00 903059 12/01/2023 SUNCOAST REALTY & RENTAL MGMT LLC 621.00 903060 12/01/2023 PAMELA R CUMMINGS 600.00 903061 12/01/2023 ADINAGOLDMAN-WALKER 1,190.00 903062 12/01/2023 INDIAN RIVER RDA LP 2,848.00 903063 12/01/2023 LAZY J LLC 2,612.00 903064 12/01/2023 SAID S MOOBARK 2,298.00 903065 12/01/2023 OSCEOLA COUNTY SECTION 8 1,086.16 903066 12/01/2023 YVONNE KOUTSOFIOS 180.00 903067 12/01/2023 BRIAN E GALLAGHER 705.00 903068 12/01/2023 JOHN T STANLEY 1,534.00 903069 12/01/2023 WEDGEWOOD RENTALS LLC 1,267.00 903070 12/01/2023 COALITION FOR ATTAINABLE HOMES INC 1,115.00 903071 12/01/2023 MYRIAM MELENDEZ 743.00 903072 12/01/2023 WATSON REALTY GROUP 2,569.00 903073 12/01/2023 SHEJI LLC 801.00 903074 12/01/2023 ORCHARD GROVE VENTURE LLC 21,559.00 903075 12/01/2023 SREIT LEXINGTON CLUB LLC 32,202.00 903076 12/01/2023 VERO BEACH LEASED HOUSING ASSOC III LLLP 19,057.00 903077 12/01/2023 B4 TC PROPERTIES LLC 933.00 903078 12/01/2023 STREIT RIVER PARK PLACE LLC 17,673.00 903079 12/01/2023 EZAS INVESTMENTS LLC 949.00 903080 12/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 23,231.00 903081 12/01/2023 STARWOOD REIT OPERATING PARTNERSHIP LP 5,836.00 903082 12/01/2023 JACOURT LLC 4,680.00 903083 12/01/2023 CHRISTINE HARVEY LAWRENCE 719.00 903084 12/01/2023 CENTER LAKE PROPERTY MANAGEMENT LLC 2,211.00 903085 12/01/2023 AMELIA VILLAGE LP 633.00 903086 12/01/2023 AMAZON CAPITAL SERVICES INC 356.31 903087 12/01/2023 XEROX CORPORATION 271.00 Grand Total: 249,291.47 1 51 ELECTRONIC PAYMENT - VISA CARD TRANS. NBR DATE VENDOR AMOUNT 1021167 12/01/2023 AT&T CORP 5,469.94 1021168 12/01/2023 OFFICE DEPOT INC 940.52 1021169 12/01/2023 COMCAST 898.54 1021170 12/01/2023 WASTE MANAGEMENT INC OF FLORIDA 10,917.16 1021171 12/07/2023 PARKS RENTAL & SALES INC 355.00 1021172 12/07/2023 UNIVERSAL SIGNS & ACCESSORIES 7,235.00 1021173 12/07/2023 DEMCOINC 91.68 1021174 12/07/2023 AMERICAN CONCRETE INDUSTRIES INC 1,045.00 1021175 12/07/2023 MIKES GARAGE & WRECKER SERVICE INC 5,830.00 1021176 12/07/2023 GALLS LLC 1,364.72 1021177 12/07/2023 IRRIGATION CONSULTANTS UNLIMITED INC 2,542.84 1021178 12/07/2023 GROVE WELDERS INC 858.72 1021179 12/07/2023 WIGINTON CORPORATION 886.00 1021180 12/07/2023 DLT SOLUTIONS LLC 9,364.22 1021181 12/07/2023 PRIDE ENTERPRISES 3,535.28 1021182 12/07/2023 SPINNAKER VERO INC 190.00 1021183 12/07/2023 HYDRA SERVICE (S) INC 63,727.38 1021184 12/07/2023 UNIFIRST CORPORATION 2,288.40 1021185 12/07/2023 NEXAIR LLC 63.09 1021186 12/07/2023 EFE INC 882.71 1021187 12/07/2023 CARLON INC 372.00 1021188 12/07/2023 HD SUPPLY INC 381.64 Grand Total: 119,239.84 1 52 ELECTRONIC PAYMENTS - WIRE & ACH TRANS NBR DATE VENDOR AMOUNT 11049 12/01/2023 KIMLEY HORN & ASSOC INC 84,165.00 11050 12/01/2023 ST LUCIE BATTERY & TIRE CO 1,159.27 11051 12/01/2023 CLERK OF CIRCUIT COURT 121,968.91 11052 12/01/2023 INDIAN RIVER COUNTY SHERIFF 5,862,721.82 11053 12/01/2023 INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 148,350.34 11054 12/01/2023 P&AADMINISTRATIVE SERVICES INC 1,142.54 11055 12/01/2023 AMERITAS 9,734.41 11056 12/04/2023 P&A ADMINISTRATIVE SERVICES INC 679.30 11057 12/04/2023 P&A ADMINISTRATIVE SERVICES INC 505.44 11058 12/04/2023 P&AADMINISTRATIVE SERVICES INC 502.50 11059 12/05/2023 TIMOTHY ROSE CONTRACTING INC 331,426.11 11060 12/05/2023 FL RETIREMENT SYSTEM 1,274,831.60 11061 12/05/2023 TOWN OF INDIAN RIVER SHORES 15,158.71 11062 12/05/2023 TD BANK 8,629.79 11063 12/05/2023 APTIM CORP 29,071.39 11064 12/05/2023 P&AADMINIISTRATIVE SERVICES INC 219.40 11065 12/06/2023 P&AADMINISTRATIVE SERVICES INC 548.64 11066 12/07/2023 P&AADMINIISTRATIVE SERVICES INC 1,302.74 Grand Total: 7,892,117.91 1 53 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy Comptroller THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller DATE: December 8, 2023 SUBJECT: Quarterly Investment Report for Quarter Ending 9/30/2023 BACKGROUND Attached to this memorandum is the composition of the investment portfolio and investment earnings for the fourth quarter of fiscal year 2023. This report was reviewed by our investment advisory committee on December 7, 2023. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly Investment Report. 54 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 Indian River County Investment Advisory Committee Quarterly Investment Report July 1, 2023 through September 30, 2023 INVESTMENT POLICY In accordance with Section 218.415, Florida Statutes, the Board of County Commissioners adopted an Investment Policy to govern the investment of county funds by the Clerk of the Circuit Court & Comptroller. The Policy states the primary objectives of investment activities are to preserve capital and to provide sufficient liquidity to meet the cash flow needs of the county. Investment returns are secondary to the requirements for safety and liquidity. INVESTMENT ADVISORY COMMITTEE An Investment Advisory Committee meets quarterly to review the previous quarter's investment activities, evaluate current and future liquidity needs, and recommend investment strategies. The Committee consists of the County Administrator, or his designee, and a minimum of two qualified citizens with investment or financial management expertise. Kristin Daniels, Budget Director, is the County Administrator's designee. The individuals with investment expertise who have agreed to serve are: David W. Griffis, Founding Principal Vero Beach Global Advisors, Ted Libby, Senior Portfolio Manager with Cypress Capital Group; and Bill Penney, President & CEO of Marine Bank and Trust Company. Also present at the meetings are the Clerk of the Circuit Court & Comptroller, Chief Deputy Comptroller, Assistant Chief Deputy Comptroller, and Senior Accountant. AUTHORIZED INVESTMENTS As permitted by the Investment Policy, surplus funds were invested only in the following types of investments: Federal Farm Credit Banks bonds and discount notes (FFCB), Federal Home Loan Banks bonds and discount notes (FHLB), Federal Home Loan Mortgage Corporation bonds and discount notes (FHLMC), Federal National Mortgage Association bonds and discount notes (FNMA), Treasury Notes and Bills, Other intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in F.S. 163.01, Certificates of Deposit (CDs), Money Market Funds, and Repurchase Agreements. INVESTMENT ACTIVITY As of September 30, 2023, the investments portfolio book value was $488,414,350 with a market value of $484,535,353. Of the $488,414,350 portfolio total, $393,421,927 is restricted for the following purposes: $ 123,660,130 $ 639,081 $ 100,465,223 $ 166,966,917 $ 1,690,576 $ 393,421,927 31.43% Special revenue projects 0.16% Debt service 25.54% Capital projects 42.44% Business -type activities 0.43% Fiduciary funds 55 QUARTERLY AVERAGE YIELD The overall average yield for the quarter ended September 30, 2023 was 3.34%. The overall average yield for the quarter ended June 30, 2023 was 2.82%. The chart below shows the change in the quarterly average yield since December 31, 2021: 4 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date 3.5 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart 3 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month 2.5 _ w. 2 1.5 L 1 0.5 0 Quarter Ending Quarter Ending Quarter Ending Quarter Ending 12/31 .3/31 6/30 9/30 FY 2023 ---i- FY 2022 FY 2021 The weighted average maturity of the treasury and agency investments as of September 30, 2023 is 11 months. Coupon yields on the individual investments ranged from 0.125% to 5.75%. Information on investment activity, total cash flows, interest earnings, and charts providing additional information regarding the investment of surplus funds such as the portfolio composition and maturity distribution are attached. The attached schedules list the portfolio composition and activity for the quarter ending September 30, 2023: Schedule 1 Portfolio sorted by type of debt instrument Schedule 2 Portfolio sorted by maturity date Schedule 3 Portfolio by maturity date bar graph Schedule 4 Portfolio by type pie chart Schedule 5 Investment purchases, calls and maturities for the quarter Schedule 6 Summary of cash flows and balances by month Schedule 7 Interest earnings summary Schedule 8 Allocation of investments by fund types (unrestricted and restricted balances) 56 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2023 1 oft 57 09/30/23 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity Maturity Par Amount Book Value % FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 0.03 0.578% $ 3,000,000.00 $ 2,984,070.00 FFCB Callable 3133ENBN9 0.340% 10/20/21 10/20/23 0.05 0.340% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ENSX4 5.070% 01/11/23 01/11/24 0.28 5.070% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENN15 1.180% 02/09/22 02/09/24 0.36 1.180% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.250% 09/14/21 02/26/24 0.41 0.291% $ 3,000,000.00 $ 2,997,000.00 FFCB Callable 3133ENQX1 1.670% 03/08/22 03/08/24 0.44 1.670% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ENCVO 0.670% 11/02/21 05/02/24 0.59 0.670% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENWP1 2.625% 06/01/23 05/16/24 0.63 5.213% $ 3,000,000.00 $ 2,928,300.00 FFCB Callable 3133EPPJ8 5.570% 07/05/23 07/05/24 0.76 5.570% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133ENG20 3.300% 11/07/22 08/15/24 0.88 4.787% $ 3,000,000.00 $ 2,924,910.00 FFCB Bullet 3133ENJ84 3.375% 03/24/23 08/26/24 0.91 3.957% $ 3,000,000.00 $ 2,976,000.00 FFCB Callable 3133ENQC7 1.940% 03/03/22 09/03/24 0.93 1.940% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133ENS68 4.620% 10/17/22 10/17/24 1.05 4.620% $ 2,000,000.00 $ 2,000,000.00 FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 1.07 0.700% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EPFL4 4.000% 04/26/23 03/10/25 1.44 4.185% $ 3,000,000.00 $ 2,990,160.00 FFCB Callable 3133EPQP3 5.330% 07/24/23 07/24/25 1.82 5.330% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EPT07 5.370% 08/14/23 08/14/25 1.87 5.370% $ 3,000,000.00 $ 3,000,000.00 FFCB Bullet 3133EPW8 5.000% 09/15/23 09/15/25 1.96 5.021% $ 3,000,000.00 $ 2,998,800.00 FFCB Callable 3133EPTWS 5.100% 08/25/23 08/25/26 2.90 5.100% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3130EPWSO 5.200% 09/25/23 09/25/26 2.99 5.200% $ 3,000,000.00 $ 3,000,000.00 $ 59,000,000.00 $ 58,799,240.00 12.05% FHLB Callable 313OAQDWO 0.650% 12/29/21 12/29/23 0.25 0.650% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 313OAQ5T6 0.750% 12/29/21 12/29/23 0.25 0.750% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANFPO 0.350% 08/23/21 02/23/24 0.40 0.350% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APXNO 0.820% 12/14/21 03/14/24 0.45 0.820% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ARNK3 2.625% 04/29/22 04/26/24 0.57 2.625% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 0.58 0.300% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMMM3 0.375% 06/03/21 06/03/24 0.68 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 0.69 0.375% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 0.69 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMKZ4 0.400% 06/10/21 06/10/24 0.70 0.400% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APYDI 0.900% 12/14/21 06/14/24 0.71 0.900% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMSFO 0.400% 07/01/21 06/28/24 0.75 0.471% $ 3,000,000.00 $ 2,993,700.00 FHLB Callable 3130AMXQO 0.475% 07/12/21 07/12/24 0.78 0.475% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AMZ88 0.520% 07/12/21 07/12/24 0.78 0.520% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APQVO 1.000% 11/16/21 08/16/24 0.88 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130APBS2 1.000% 11/23/21 08/23/24 0.90 1.000% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANVA5 0.500% 09/10/21 09/10/24 0.95 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ANRP7 0.500% 09/13/21 09/13/24 0.96 0.500% $ 3,000,000.00 $ 3,000,000.00 FHLB Bullet 3130ATT31 4.500% 11/07/22 10/03/24 1.01 4.817% $ 3,000,000.00 $ 2,982,930.00 FHLB Callable 3130APAA3 0.555% 10/21/21 10/21/24 1.06 0.555% $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130ATME4 5.000% 10/27/22 01/27/25 1.33 5.000% $ 2,000,000.00 $ 2,000,000.00 FHLB Callable 3130AXSH7 5.500% 09/11/23 09/11/26 2.95 5.500% $ 3,000,000.00 $ 3,000,000.00 $ 65,000,000.00 $ 64,976,630.00 13.32% FHLMC Bullet 3137EAEY1 0.125% 11/18/21 10/16/23 0.04 0.505% $ 3,000,000.00 $ 2,978,340.00 FHLMC Callable 3134GW6E3 0.320% 07/06/21 11/02/23 0.09 0.320% $ 3,000,000.00 $ 3,000,000.00 FHLMC Bullet 3137EAE78 0.250% 11/24/21 11/06/23 0.10 0.579% $ 3,000,000.00 $ 2,980,890.00 FHLMC Bullet 3137EAEZ8 0.250% 10/08/21 11/06/23 0.10 0.286% $ 3,000,000.00 $ 2,997,750.00 FHLMC Callable 3134GXMM3 1.850% 03/22/22 03/22/24 0.48 1.850% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXPH3 2.020% 03/30/22 03/28/24 0.49 2.020% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXUHS 3.000% 05/27/22 05/24/24 0.65 3.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GY3X8 5.100% 11/30/22 08/30/24 0.92 5.104% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXT61 4.000% 09/13/22 09/13/24 0.96 4.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GYA69 5.000% 12/27/22 09/27/24 0.99 5.005% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GX304 4.500% 09/30/22 09/30/24 1.00 4.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134006 3.500% 06/30/22 09/30/24 1.00 3.500% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXB8 4.000% 07/18/22 10/18/24 1.05 4.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GXRCO 3.000% 05/05/22 11/05/24 1.10 3.000% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GXK86 4.000% 08/18/22 11/18/24 1.14 4.000% $ 2,000,000.00 $ 2,000,000.00 FHLMC Callable 3134GYJ29 5.150% 02/17/23 02/14/25 1.38 5.195% $ 3,000,000.00 $ 2,997,450.00 FHLMC Callable 3134GYLEO 5.350% 03/14/23 03/14/25 1.45 5.350% $ 3,000,000.00 $ 3,000,000.00 FHLMC Callable 3134GYUJ9 5.375% 06/28/23 03/28/25 1.49 5.380% $ 3,000,000.00 $ 3,000,000.00 $ 48,000,000.00 $ 47,954,430.00 9.83% FNMA Callable 3136G471.1 0.350% 09/28/21 04/26/24 0.57 0.434% $ 3,000,000.00 $ 2,993,520.00 FNMA Callable 3135GHP9 5.100% 05/15/23 11/15/24 1.13 5.100% $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 3135GOX24 1.625% 01/31/23 01/07/25 1.27 4.307% $ 3,000,000.00 $ 2,852,250.00 FNMACallable 3135GAIK8 5.750% 07/24/23 07/24/25 1.82 5.750% $ 3,000,000.00 $ 3,000,000.00 FNMA Callable 3135GACX7 3.850% 04/26/23 08/28/25 1.91 4.520% $ 3,000,000.00 $ 2,955,690.00 $ 15,000,000.00 $ 14,801,460.00 3.03% Treasury Note 912828T26 1.375% 02/15/22 09/30/23 - 1.482% $ 3,000,000.00 $ 2,994,843.75 Treasury Note 91282CDA6 0.250% 10/19/21 09/30/23 - 0.405% $ 3,000,000.00 $ 2,991,000.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 0.04 0.250% $ 3,000,000.00 $ 2,991,960.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 0.04 0.499% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CDDO 0.375% 11/01/21 10/31/23 0.08 0.501% $ 3,000,000.00 $ 2,992,500.00 Treasury Note 91282CAW1 0.250% 09/27/21 11/15/23 0.13 0.306% $ 4,000,000.00 $ 3,995,200.00 1 oft 57 Schedule 1 Indian River County, Florida Board of County Commissioners Investments By Type September 30, 2023 Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. $ 10,662,545.87 2.19% $ 487,954,911.89 100.00% $459,437.72 $488,414,349.61 2of2 58 09/30/23 Coupon/ Purchase Maturity Years To Yield To Original Portfolio Investment Type CUSIP Yield Date Date Maturity maturity Par Amount Book Value % Treasury Note 91282CBEO 0.125% 07/09/21 01/15/24 0.29 0.271% $ 3,000,000.00 $ 2,989,050.00 Treasury Note 91282CBEO 0.125% 11/16/21 01/15/24 0.29 0.596% $ 3,000,000.00 $ 2,969,700.00 Treasury Note 9128285Z9 2.500% 12/13/22 01/31/24 0.34 4.675% $ 3,000,000.00 $ 2,928,699.00 Treasury Note 91282CDVO 0.875% 05/19/22 01/31/24 0.34 2.588% $ 2,000,000.00 $ 1,943,320.00 Treasury Note 91282CDVO 0.875% 03/23/22 01/31/24 0.34 2.158% $ 3,000,000.00 $ 2,930,190.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 0.38 0.288% $ 3,000,000.00 $ 2,987,343.75 Treasury Note 912828W48 2.125% 03/03/23 02/29/24 0.42 5.194% $ 3,000,000.00 $ 2,912,100.00 Treasury Note 91282CEA5 1.500% 03/23/22 02/29/24 0.42 2.154% $ 3,000,000.00 $ 2,962,968.75 Treasury Note 91282CBRI 0.250% 08/23/21 03/15/24 0.46 0.327% $ 3,000,000.00 $ 2,994,090.00 Treasury Note 91282CBR1 0.250% 10/19/21 03/15/24 0.46 0.547% $ 3,000,000.00 $ 2,978,700.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 0.54 0.418% $ 4,000,000.00 $ 3,995,640.00 Treasury Note 91282CBV2 0.375% 10/19/21 04/15/24 0.54 0.572% $ 3,000,000.00 $ 2,985,450.00 Treasury Note 91282CEK3 2.500% 12/09/22 04/30/24 0.58 4.596% $ 3,000,000.00 $ 2,916,045.00 Treasury Note 91282CCC3 0.250% 12/03/21 05/15/24 0.62 0.770% $ 3,000,000.00 $ 2,962,170.00 Treasury Note 912820CC3 0.250% 08/23/21 05/15/24 0.62 0.375% $ 3,000,000.00 $ 2,989,860.00 Treasury Note 912828%T2 2.000% 04/07/22 05/31/24 0.67 2.552% $ 3,000,000.00 $ 2,965,560.00 Treasury Note 91282CCL3 0.375% 10/08/21 07/15/24 0.79 0.500% $ 3,000,000.00 $ 2,989,710.00 Treasury Note 912828Y87 1.750% 12/13/22 07/31/24 0.84 4.529% $ 3,000,000.00 $ 2,870,100.00 Treasury Note 9128282N9 2.125% 11/30/22 07/31/24 0.84 4.642% $ 3,000,000.00 $ 2,880,000.00 Treasury Note 9128282N9 2.125% 07/19/22 07/31/24 0.84 3.157% $ 2,000,000.00 $ 1,959,660.00 Treasury Note 91282CCr6 0.375% 12/03/21 08/15/24 0.88 0.825% $ 3,000,000.00 $ 2,964,000.00 Treasury Note 9128282U3 1.875% 10/06/22 08/31/24 0.92 4.198% $ 2,000,000.00 $ 1,915,936.00 Treasury Note 9282CFQ9 4.375% 12/01/22 10/31/24 1.09 4.572% $ 3,000,000.00 $ 2,989,170.00 Treasury Note 9128283VO 2.500% 11/18/22 01/31/25 1.34 4.403% $ 3,000,000.00 $ 2,881,350.00 Treasury Note 91282CGGO 4.125% 03/03/23 01/31/25 1.34 4.954% $ 3,000,000.00 $ 2,955,000.00 Treasury Note 91282CDZ1 1.500% 11/18/22 02/15/25 1.38 4.413% $ 3,000,000.00 $ 2,815,320.00 Treasury Note 91282CDZI 1.500% 08/17/23 02/15/25 1.38 5.175% $ 3,000,000.00 $ 2,843,370.00 Treasury Note 912828ZC7 1.125% 11/30/22 02/28/25 1.42 4.398% $ 3,000,000.00 $ 2,791,875.00 Treasury Note 91282CED9 1.750% 12/01/22 03/15/25 1.46 4.446% $ 3,000,000.00 $ 2,825,859.38 Treasury Note 91282CEHO 2.625% 12/12/22 04/15/25 1.54 4.220% $ 3,000,000.00 $ 2,894,296.88 Treasury Note 9128284M9 2.875% 12/12/22 04/30/25 1.58 4.206% $ 3,000,000.00 $ 2,910,234.38 Treasury Note 91282CEQO 2.750% 01/31/23 05/15/25 1.62 4.149% $ 3,000,000.00 $ 2,909,220.00 Treasury Note 91282CEQC 2.750% 08/17/23 05/15/25 1.62 5.064% $ 3,000,000.00 $ 2,885,340.00 Treasury Note 912828488 2.875% 05/18/23 05/31/25 1.67 4.090% $ 3,000,000.00 $ 2,929,440.00 Treasury Note 91282CEUI 2.875% 02/17/23 06/15/25 1.71 4.500% $ 3,000,000.00 $ 2,893,425.00 Treasury Note 91282CEU1 2.875% 07/18/23 06/15/25 1.71 4.797% $ 3,000,000.00 $ 2,895,900.00 Treasury Note 912828XZB 2.750% 07/18/23 06/30/25 1.75 4.769% $ 3,000,000.00 $ 2,888,388.00 Treasury Note 912828KZ8 2.750% 03/24/23 06/30/25 1.75 3.825% 5 3,000,000.00 $ 2,930,390.63 Treasury Note 91282CEY3 3.000% 03/24/23 07/15/25 1.79 3.811% $ 3,000,000.00 $ 2,946,562.50 Treasury Note 91282BY79 2.875% 05/18/23 07/31/25 1.84 4.011% $ 3,000,000.00 $ 2,928,690.00 Treasury Note 91282CFEG 3.125% 09/12/23 08/15/25 1.88 5.005% $ 3,000,000.00 $ 2,897,695.31 Treasury Note 912828420 2.750% 05/26/23 08/31/25 1.92 4.331% $ 3,000,000.00 $ 2,898,690.00 Treasury Note 91282CHV6 5.000% 09/19/23 08/31/25 1.92 S.048% $ 3,000,000.00 $ 2,997,300.00 Treasury Note 91282CFK2 3.500% 05/26/23 09/15/25 1.96 4.326% $ 3,000,000.00 $ 2,946,093.75 $ 149,000,000.00 $ 145,788,107.08 29.88% Regions Bank Money Market $ 5,299,874.23 1.08% Regions Bank Lockbox Accounts $ 295,381.90 0.06% TD Bank Checking Account $ 16,192,651.91 3.32% BankUnited Money Market $ 22,122,100.47 4.53% Valley National Bank Government Interest Checking $ 19,904,370.88 4.08% Marine Bank Business Money Market $ 5,139,387.04 1.05% Florida Trust Day to Day Fund $ 27,507,524.00 5.64 FL STAR $ 21,111,288.82 4.33% FL CLASS - BOCC Funds $ 27,399,919.69 5.61% Total General Cash & Equivalents - Unrestricted $ 477,292,366.02 Restricted Cash - Landfill FL CLASS -Landfill Closure & Postclosure Reserves Total Pooled Cash & Equivalents Restricted Cash - Housing Account Total Portfolio Note: See separate investment report for OPEB funds. $ 10,662,545.87 2.19% $ 487,954,911.89 100.00% $459,437.72 $488,414,349.61 2of2 58 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2023 09/30/23 Book Value Mo Cash Flow Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Date Date Maturity Maturity $ 2,992,500.00 Par Amount Treasury Note 912828726 1.375% 02/15/22 09/30/23 - 1.482% $ 3,000,000.00 Treasury Note 91282CDA6 0.250% 10/19/21 09/30/23 - 0.405% $ 3,000,000.00 FFCB Bullet 3133ENAL4 0.290% 12/03/21 10/12/23 0.03 0.578% $ 3,000,000.00 Treasury Note 91282CAP6 0.125% 08/23/21 10/15/23 0.04 0.250% $ 3,000,000.00 Treasury Note 91282CAP6 0.125% 11/16/21 10/15/23 0.04 0.499% $ 3,000,000.00 FHLMC Bullet 3137EAEY1 0.125% 11/18/21 10/16/23 0.04 0.505% $ 3,000,000.00 FFCB Callable 3133ENBN9 0.340% 10/20/21 10/20/23 0.05 0.340% $ 3,000,000.00 Treasury Note 91282CDD0 0.375% 11/01/21 10/31/23 0.08 0.501% $ 3,000,000.00 FHLMC Callable 3134GWSE1 0.320% 07/06/21 11/02/23 0.09 0.320% $ 3,000,000.00 FHLMC Bullet 3137EAEZ8 0.250% 10/08/21 11/06/23 0.10 0.286% $ 3,000,000.00 FHLMC Bullet 3137EAEZB 0.250% 11/24/21 11/06/23 0.10 0.579% $ 3,000,000.00 Treasury Note 91282CAW1 0.250% 09/27/21 11/15/23 0.13 0.306% $ 4,0110,000.00 FHLBCallable 3130AQDW0 0.650% 12/29/21 12/29/23 0.25 0.650% $ 3,000,000.00 FHLBCallable 3130AQST6 0.750% 12/29/21 12/29/23 0.25 0.750% $ 3,000,000.00 FFCB Callable 3133ENSX4 5.070% 01/11/23 01/11/24 0.28 5.070% $ 3,000,000.00 Treasury Note 91282CBE0 0.125% 07/09/21 01/15/24 0.29 0.271% $ 3,000,000.00 Treasury Note 91282CBE0 0.125% 11/16/21 01/15/24 0.29 0.596% $ 3,000,000.00 Treasury Note 912828529 2.500% 12/13/22 01/31/24 0.34 4.675% $ 3,000,000.00 Treasury Note 91282CDV0 0.875% 05/19/22 01/31/24 0.34 2.588% $ 2,000,000.00 Treasury Note 91282CDV0 0.875% 03/23/22 01/31/24 0.34 2.158% $ 3,000,000.00 FFCB Bullet 3133ENNJ5 1.180% 02/09/22 02/09/24 0.36 1.180% $ 3,000,000.00 Treasury Note 91282CBM2 0.125% 07/09/21 02/15/24 0.38 0.288% $ 3,000,000.00 FHLB Callable 3130ANFP0 0.350% 08/23/21 02/23/24 0.40 0.350% $ 3,000,000.00 FFCB Bullet 3133EMRZ7 0.25096 09/14/21 02/26/24 0.41 0.291% $ 3,000,000.00 Treasury Note 912828%48 2.125% 03/03/23 02/29/24 0.42 5.194% $ 3,000,000.00 Treasury Note 91282CEA5 1.500% 03/23/22 02/29/24 0.42 2.154% $ 3,000,0110.00 FFCB Callable 3133ENQX1 1.670% 03/08/22 03/08/24 0.44 1.670% $ 3,000,000.00 FHLB Callable 3130APXN0 0.820% 12/14/21 03/14/24 0.45 0.820% $ 3,000,000.00 Treasury Note 91282CBR1 0.250% 10/19/21 03/15/24 0.46 0.547% $ 3,000,000.00 Treasury Note 91282CBR1 0.250% 08/23/21 03/15/24 0.46 0.327% $ 3,000,000.00 FHLMC Callable 3134GXMM3 1.850% 03/22/22 03/22/24 0.48 1.850% $ 3,000,000.00 FHLMC Callable 3134GXPH1 2.020% 03/30/22 03/28/24 0.49 2.020% $ 3,000,000.00 Treasury Note 91282CBV2 0.375% 09/27/21 04/15/24 0.54 0.418% $ 4,000,000.00 Treasury Note 91282CBV2 0.375% 10/19/21 04/15/24 0.54 0.572% $ 3,000,000.00 FNMA Callable 3136G471.3 0.350% 09/28/21 04/26/24 0.57 0.434% $ 3,000,000.00 FHLB Callable 3130ARNK3 2.625% 04/29/22 04/26/24 0.57 2.625% $ 3,000,000.00 FHLB Callable 3130AMV33 0.300% 06/29/21 04/29/24 0.58 0.300% $ 3,000,000.00 Treasury Note 91282CEK3 2.500% 12/09/22 04/30/24 0.58 4.596% $ 3,000,000.00 FFCB Callable 3133ENCV0 0.670% 11/02/21 05/02/24 0.59 0.670% $ 3,000,000.00 Treasury Note 91282CCC3 0.250% 12/03/21 05/15/24 0.62 0.770% $ 3,000,000.00 Treasury Note 91282CCC3 0.250% 08/23/21 05/15/24 0.62 0.375% $ 3,000,000.00 FFCB Bullet 3133ENWP1 2.625% 06/01/23 05/16/24 0.63 5.213% $ 3,000,000.00 FHLMC Callable 3134GXUH5 3.000% 05/27/22 05/24/24 0.65 3.000% $ 3,000,000.00 Treasury Note 912828X12 2.000% 04/07/22 05/31/24 0.67 2.552% $ 3,000,000.00 FHLB Callable 3130AMMM3 0.375% 06/03/21 06/03/24 0.68 0.375% $ 3,000,000.00 FHLB Callable 3130AMLM2 0.375% 06/07/21 06/07/24 0.69 0.375% $ 3,000,000.00 FHLB Callable 3130AMKX9 0.400% 06/07/21 06/07/24 0.69 0.400% $ 3,000,000.00 FHLBCallable 3130AMKZ4 0.400% 06/10/21 06/10/24 0.70 0.400% $ 3,000,000.00 FHLBCallable 3130APYD3 0.900% 12/14/21 06/14/24 0.71 0.900% $ 3,000,000.00 FHLB Callable 3130AMSF0 0.400% 07/01/21 06/28/24 0.75 0.471% $ 3,000,000.00 FFCB Callable 3133EPP18 5.570% 07/05/23 07/05/24 0.76 5.570% $ 3,000,000.00 FHLB Callable 3130AMXQ0 0.475% 07/12/21 07/12/24 0.78 0.475% $ 3,000,000.00 FHLB Callable 3130AMZ88 0.520% 07/12/21 07/12/24 0.78 0.520% $ 3,000,000.00 Treasury Note 91282CCL3 0.375% 10/08/21 07/15/24 0.79 0.500% $ 3,000,000.00 Treasury Note 912828Y87 1.750% 12/13/22 07/31/24 0.84 4.529% $ 3,000,000.00 Treasury Note 9128282N9 2.125% 11/30/22 07/31/24 0.84 4.642% $ 3,000,000.00 Treasury Note 9128282N9 2.125% 07/19/22 07/31/24 0.84 3.157% $ 2,000,000.00 Treasury Note 91282CCT6 0.375% 12/03/21 08/15/24 0.88 0.825% $ 3,000,000.00 FFCB Bullet 3133ENG20 3.300% 11/07/22 08/15/24 0.88 4.787% $ 3,000,000.00 FHLBCallable 3130APQV0 1.000% 11/16/21 08/16/24 0.88 1.000% $ 3,000,000.00 FHLB Callable 3130APBS2 1.000% 11/23/21 08/23/24 0.90 1.000% $ 3,000,000.00 FFCB Bullet 3133ENJ84 3.375% 03/24/23 08/26/24 0.91 3.95794 $ 3,000,000.00 FHLMC Callable 3134GY3X8 5.100% 11/30/22 08/30/24 0.92 5.104% $ 2,000,000.00 Treasury Note 9128282U3 1.875% 10/06/22 08/31/24 0.92 4.198% $ 2,000,000.00 FFCB Callable 3133ENQC7 1.940% 03/03/22 09/03/24 0.93 1.940% $ 3,000,000.00 FHLB Callable 3130ANVA5 0.500% 09/10/21 09/10/24 0.95 0.500% $ 3,000,000.00 FHLMC Callable 3134GXT61 4.000% 09/13/22 09/13/24 0.96 4.000% $ 2,000,000.00 FHLBCallable 3130ANRP7 0.500% 09/13/21 09/13/24 0.96 0.500% $ 3,0110,000.00 FHLMC Callable 3134GYA69 5.000% 12/27/22 09/27/24 0.99 5.005% $ 3,000,000.00 FHLMC Callable 3134GX3D4 4.500% 09/30/22 09/30/24 1.00 4.500% $ 2,000,000.00 FHLMC Callable 3134GX7J6 3.500% 06/30/22 09/30/24 1.00 3.500% $ 2,000,000.00 FHLB Bullet 3130ATT31 4.500% 11/07/22 10/03/24 1.01 4.817% $ 3,000,000.00 FFCB Callable 3133ENS68 4.620% 10/17/22 10/17/24 1.05 4.620% $ 2,000,000.00 FHLMC Callable 3134GXBS 4.000% 07/18/22 10/18/24 1.05 4.000% $ 2,000,000.00 FHLB Callable 3130APAA3 0.555% 10/21/21 10/21/24 1.06 0.555% $ 3,000,000.00 FFCB Bullet 3133ENCA6 0.700% 10/25/21 10/25/24 1.07 0.700% $ 3,000,000.00 Treasury Note 9282CFQ9 4.375% 12/01/22 10/31/24 1.09 4.572% $ 3,000,000.00 FHLMC Callable 3134GXRC0 3.000% 05/05/22 11/05/24 1.10 3.000% $ 3,000,000.00 FNMA Callable 3135GHP9 5.100% 05/15/23 11/15/24 1.13 5.100% $ 3,000,000.00 FHLMC Callable 3134GXK86 4.000% 08/18/22 11/18/24 1.14 4.000% $ 2,000,000.00 FNMA Bullet 3135GOX24 1.625% 01/31/23 01/07/25 1.27 4.307% $ 3,000,000.00 FHLB Callable 3130ATME4 5.000% 10/27/22 01/27/25 1.33 5.000% $ 2,000,000.00 Treasury Note 91282CGG0 4.125% 03/03/23 01/31/25 1.34 4.954% $ 3,000,000.00 Treasury Note 9128283V0 2.500% 11/18/22 01/31/25 1.34 4.403% $ 3,000,000.00 FHLMC Callable 3134GYJ29 5.150% 02/17/23 02/14/25 1.38 5.195% $ 3,000,000.00 1oft 09/30/23 Book Value Mo Cash Flow $ 2,994,843.75 $ 2,991,000.00 $ 6,000,000.00 $ 2,984,070.00 $ 2,991,960.00 $ 2,978,700.00 $ 2,978,340.00 $ 3,000,000.00 $ 2,992,500.00 $ 18,000,000.00 $ 3,000,000.00 $ 2,997,750.00 $ 2,980,890.00 $ 3,995,200.00 $ 13,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 $ 3,000,000.00 $ 2,989,050.00 $ 2,969,700.00 $ 2,928,699.00 $ 1,943,320.00 $ 2,930,190.00 $ 17,000,000.00 $ 3,000,000.00 $ 2,987,343.75 $ 3,000,000.00 $ 2,997,000.00 $ 2,912,100.00 $ 2,962,968.75 $ 18,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,978,700.00 $ 2,994,090.00 $ 3,000,000.00 $ 3,000,000.00 $ 18,000,000.00 $ 3,995,640.00 $ 2,985,450.00 $ 2,993,520.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,916,045.00 $ 19,000,000.00 $ 3,000,000.00 $ 2,962,170.00 $ 2,989,860.00 $ 2,928,300.00 $ 3,000,000.00 $ 2,965,560.00 $ 18,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,993,700.00 $ 18,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,989,710.00 $ 2,870,100.00 $ 2,880,000.00 $ 1,959,660.00 $ 20,000,000.00 $ 2,964,000.00 $ 2,924,910.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,976,000.00 $ 2,000,000.00 $ 1,915,936.00 $ 19,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,000,000.00 $ 2,000,000.00 $ 18,000,000.00 $ 2,982,930.00 $ 2,000,000.00 $ 2,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,989,170.00 $ 16,000,000.00 $ 3,000,000.00 $ 3,000,000.00 $ 2,000,000.00 $ 8,000,000.00 $ 2,852,250.00 $ 2,000,000.00 $ 2,955,000.00 $ 2,881,350.00 $ 11,000,000.00 $ 2,997,450.00 59 2 of 2 60 Schedule 2 Indian River County, Florida Board of County Commissioners Investment By Maturity Date September 30, 2023 09/30/23 Coupon/ Purchase Maturity Years To Yield To Original Investment Type CUSIP Yield Dale Date Maturity Maturity Par Amount Book Value Mo Cash Flow Treasury Note 91292CDZI 1.500% 08/17/23 02/15/25 1.38 5.175% $ 3,000,000.00 $ 2,843,370.00 Treasury Note 91282CDZI 1.500% 11/18/22 02/15/25 1.38 4.413% $ 3,000,000.00 $ 2,815,320.00 Treasury Note 912828ZC7 1.125% 11/30/22 02/28/25 1.42 4.398% $ 3,000,000.00 $ 2,791,875.00 $ 12,000,000.00 FFCB Bullet 3133EPFL4 4.000% 04/26/23 03/10/25 1.44 4.185% $ 3,000,000.00 $ 2,990,160.00 FHLMC Callable 3134GYLEO 5.350% 03/14/23 03/14/25 1.45 5.350% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CED9 1.750% 12/01/22 03/15/25 1.46 4.446% $ 3,000,000.00 $ 2,825,859.38 FHLMC Callable 3134GYU19 5.375% 06/28/23 03/28/25 1.49 5.380% $ 3,000,000.00 $ 3,000,000.00 $ 12,000,000.00 Treasury Note 91282CEHO 2.625% 12/12/22 04/15/25 1.54 4.220% $ 3,000,000.00 $ 2,894,296.88 Treasury Note 9128284M9 2.875% 12/12/22 04/30/25 1.58 4.206% $ 3,000,000.00 $ 2,910,234.38 $ 6,000,000.00 Treasury Note 91282CEQO 2.750% 01/31/23 05/15/25 1.62 4.149% $ 3,000,000.00 $ 2,909,220.00 Treasury Note 91282CEQO 2.750% 08/17/23 05/15/25 1.62 5.064% $ 3,000,000.00 $ 2,885,340.00 Treasury Note 9128284R8 2.875% 05/18/23 05/31/25 1.67 4.090% $ 3,000,000.00 $ 2,929,440.00 $ 9,000,000.00 Treasury Note 91292CEU1 2.875% 02/17/23 06/15/25 1.71 4.500% $ 3,000,000.00 $ 2,893,425.00 Treasury Note 91282CEU1 2.875% 07/18/23 06/15/25 1.71 4.797% $ 3,000,000.00 $ 2,895,900.00 Treasury Note 912928XZB 2.750% 07/18/23 06/30/25 1.75 4.769% $ 3,000,000.00 $ 2,888,388.00 Treasury Note 912828X78 2.750% 03/24/23 06/30/25 1.75 3.825% $ 3,000,000.00 $ 2,930,390.63 $ 12,000,000.00 Treasury Note 91282CEY3 3.000% 03/24/23 07/15/25 1.79 3.811% $ 3,000,000.00 $ 2,946,562.50 FNMACallable 3135GAJKB 5.750% 07/24/23 07/24/25 1.82 5.750% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3133EPQP3 5.330% 07/24/23 07/24/25 1.82 5.330% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 912828Y79 2.875% 05/18/23 07/31/25 1.84 4.011% $ 3,000,000.00 $ 2,928,690.00 $ 12,000,000.00 FFCB Callable 3133EPTD7 5.37096 08/14/23 08/14/25 1.87 5.370% $ 3,000,000.00 $ 3,000,000.00 Treasury Note 91282CFE6 3.125% 09/12/23 08/15/25 1.88 5.005% $ 3,000,000.00 $ 2,897,695.31 FNMA Callable 3135GACX7 3.850% 04/26/23 08/28/25 1.91 4.520% $ 3,000,000.00 $ 2,955,690.00 Treasury Note 91282CHV6 5.000% 09/19/23 08/31/25 1.92 5.048% $ 3,000,000.00 $ 2,997,300.00 Treasury Note 912828420 2.750% 05/26/23 08/31/25 1.92 4.331% $ 3,000,000.00 $ 2,898,690.00 $ 15,000,000.00 FFCB Bullet 3133EPVYS 5.000% 09/15/23 09/15/25 1.96 5.021% $ 3,000,000.00 $ 2,998,800.00 Treasury Note 91282CFK2 3.500% 05/26/23 09/15/25 1.96 4.326% $ 3,000,000.00 $ 2,946,093.75 $ 6,000,000.00 FFCB Callable 3133EPTW5 5.100% 08/25/23 08/25/26 2.90 5.100% $ 3,000,000.00 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 3130AX5H7 5.500% 09/11/23 09/11/26 2.95 5.500% $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 3130EPWSO 5.200% 09/25/23 09/25/26 2.99 5.200% $ 3,000,000.00 $ 3,000,000.00 $ 6,000,000.00 Sub Total- General Investments $ 336,000,000.00 $ 332,319,867.08 $ 336,000,000.00 Regions Bank Money Market $5,299,874.23 Regions Lockbox Accounts $295,381.90 TO Bank Checking Account $16,192,651.91 BankUnited Money Market $22,122,100.47 Valley National Bank Government Interest Checking $19,904,370.88 Marine Bank Business Money Market $5,139,387.04 Florida Trust Day to Day Fund $27,507,524.00 FL STAR $21,111,288.82 FL CLASS - BOCC Funds $27,399,919.69 Total General Cash & Equivalents - Unrestricted $ 477,292,366.02 Restricted Cash - Landfill FL CLASS -Landfill Closure 8 Postclosure Reserves $ 10,662,545.87 Total Pooled Cash $ Equivalents $ 487,954,911.89 Restricted Cash - Housing Account $459,437.72 Total Portfolio $ 488,414,349.61 Note: See separate investment report for OPEB funds. 2 of 2 60 Schedule 3 Indian River County Portfolio By Maturity Date September 30, 2023 j 3 Total Portfolio $488,414,350 61 FL Trus 5.64% Treasury Schedule 4 Indian River County Portfolio By Type September 30, 2023 FI r ASS 7 Rnc/ 3ank 4.08% ik Checking x.32% LB 13.32% 1.83% �i 62 I j Schedule 5 Indian River County Investment Purchases and Calls/Maturities Quarter Ending September 30, 2023 PURCHASES: Investment Description Yield to Maturity Purchase Date Call Date Maturity Date Par Amount Book Value FFCB Callable 5.570% 07/05/23 01/05/24 07/05/24 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 4.797% 07/18/23 06/15/25 $ 3,000,000.00 $ 2,895,900.00 Treasury Note 4.769% 07/18/23 06/30/25 $ 3,000,000.00 $ 2,888,388.00 FNMA Callable 5.750% 07/24/23 01/24/24 07/24/25 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 5.330% 07/24/23 07/24/24 07/24/25 $ 3,000,000.00 $ 3,000,000.00 FFCB Callable 5.370% 08/14/23 08/14/24 08/14/25 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 5.175% 08/17/23 02/15/25 $ 3,000,000.00 $ 2,843,370.00 Treasury Note 5.064% 08/17/23 05/15/26 $ 3,000,000.00 $ 2,885,340.00 FFCB Callable 5.100% 08/25/23 08/25/25 08/25/26 $ 3,000,000.00 $ 3,000,000.00 FHLB Callable 5.500% 09/11/23 09/11/24 09/11/26 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 5.005% 09/12/23 08/15/25 $ 3,000,000.00 $ 2,897,695.31 FFCB Bullet 5.021% 09/15/23 09/15/25 $ 3,000,000.00 $ 2,998,800.00 Treasury Note 5.048% 09/19/23 08/31/25 $ 3,000,000.00 $ 2,997,300.00 FFCB Callable 5.200% 09/25/23 09/25/25 09/25/26 $ 3,000,000.00 $ 3,000,000.00 14 $ 42,000,000.00 $ 41,406,793.31 MATURITIES: Investment Description Yield to MaturRy Purchase Date Early Call Date Maturity Date Par Amount Book Value FNMA Bullet 0.250% 09/29/21 07/10/23 $ 3,000,000.00 $ 3,000,000.00 FNMA Bullet 0.367% 11/22/21 07/10/23 $ 3,000,000.00 $ 2,994,300.00 FFCB Bullet 0.429% 11/16/21 07/14/23 $ 3,000,000.00 $ 2,984,940.00 Treasury Note 0.169% 05/17/21 07/15/23 $ 6,000,000.00 $ 5,994,360.00 Treasury Note 1.392% 02/15/22 07/31/23 $ 3,000,000.00 $ 2,993,850.00 Treasury Note 0.451% 11/16/21 07/31/23 $ 3,000,000.00 $ 2,983,380.00 FHLB Callable 0.220% 08/10/21 08/10/23 $ 3,000,000.00 $ 3,000,000.00 Treasury Note 0.175% 05/26/21 08/15/23 $ 6,000,000.00 $ 5,993,400.00 FNMA Callable 0.488% 11/18/21 08/18/23 $ 3,000,000.00 $ 2,992,770.00 FHLMC Bullet 0.433% 11/22/21 08/24/23 $ 3,000,000.00 $ 2,990,400.00 Treasury Note 0.262% 09/27/21 08/31/23 $ 4,000,000.00 $ 3,989,520.00 FFCB Callable 0.503% 12/03/21 09/01/23 $ 3,000,000.00 $ 2,989,440.00 FHLB Bullet 0.275% 09/28/21 09/08/23 $ 3,000,000.00 $ 2,991,300.00 FHLMC Bullet 0.276% 09/28/21 09/08/23 $ 3,000,000.00 $ 2,998,500.00 Treasury Note 0.181 % 05/20/21 09/15/23 $ 6 000 000.00 5 992 200.00 15 55:606 000.00 $ 54 888 360.00 Reconciliation of General Investments Only: Beginning portfolio (6/30/23) $ 345,801,433.77 Total purchased 14 securities $ 41,406,793.31 Total matured 15 securities $ 54 888 360.00 Ending portfolio for quarter 9/30/23 332 319 867.08 1 of 1 63 October November December January February March April May June July August September Net cash flow October November December January February March April May June July August September Net cash flow Schedule 6 Indian River County Change in Monthly Cash Flows For All Pooled Cash/Investment Accounts Comparison of Six Fiscal Years September 30, 2023 Fiscal Year 2017-2018 Net Chane Month End Bal* $ (7,971,324) $ 331,604,874 $ 33,131,597 $ 364,736,471 $ 41,846,074 $ 406,582,545 $ (5,758,898) $ 400,823,647 $ 5,191,358 $ 406,015,005 $ (4,784,411) $ 401,230,594 $ 1,577,951 $ 402,808,545 $ (6,945,787) $ 395,862,758 $ (9,710,169) $ 386,152,589 $ (2,464,004) $ 383,688,585 $ (8,022,779) $ 375,665,806 $ 6,810,637 $ 368,855,169 Fiscal Year 2018-2019 Net Chane Month End Bal* $ (6,577,674) $ 362,277,495 $ 48,128,205 $ 410,405,700 $ 31,350,078 $ 441,755,778 $ (9,877,034) $ 431,878,744 $ 2,964,540 $ 434,843,284 $ (2,750,051) $ 432,093,233 $ (3,802,746) $ 428,290,487 $ (8,379,243) $ 419,911,244 $ (9,758,699) $ 410,152,545 $ (13,728,763) $ 396,423,782 $ (11,767,333) $ 384,656,449 $ 5,342,336 $ 379,314,113 Fiscal Year 2019-2020 Net Chane Month End Bal* Month End Bal* $ (9,260,244) $ 370,053,869 $ 39,158,339 $ 409,212,208 $ 47,023,081 $ 456,235,289 $ (6,941,131) $ 449,294,158 $ (1,465,745) $ 447,828,413 $ (5,997,667) $ 441,830,746 $ (5,331,833) $ 436,498,913 $ (10,937,819) $ 425,561,094 $ (13,546,695) $ 412,014,399 $ (3,248,804) $ 408,765,595 $ (7,041,321) $ 401,724,274 $ 10,163,806 $ 391,560,468 $ 29,278,971 $ 10,458,944 $ 12,246,355 Fiscal Year 2020-2021 Net Chane Month End Bal* $ (8,561,737) $ 382,998,731 $ 39,238,741 $ 422,237,472 $ 57,117,548 $ 479,355,020 $ (6,119,043) $ 473,235,977 $ 12,395,392 $ 485,631,369 $ (12,127,894) $ 473,503,475 $ (9,006,651) $ 464,496,824 $ 295,126 $ 464,791,950 $ (5,748,174) $ 459,043,776 $ (11,764,390) $ 447,279,386 $ (11,517,721) $ 435,761,665 $ 7,438,252 $ 428,323,413 Fiscal Year 2021-2022 Net Change Month End Bal* $ 302,966 $ 428,626,379 $ 63,526,149 $ 492,152,528 $ 25,611,495 $ 517,764,023 $ 872,988 $ 518,637,011 $ (7,201,984) $ 511,435,027 $ (17,106,146) $ 494,328,881 $ (11,640,607) $ 482,688,274 $ (5,845,338) $ 476,842,936 $ (9,580,769) $ 467,262,167 $ 6,361,893 $ 473,624,060 $ (5,770,624) $ 467,853,436 $ (11,243,254) $ 456,610,182 $ 36, /62,945 $ 28,286,169 $ 27,475,469 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. Fiscal Year 2022-2023 Net Change Month End Bal* $ (11,358,975) $ 445,251,207 $ 81,589,406 $ 526,840,613 $ 23,718,570 $ 550,559,183 $ (3,315,030) $ 547,244,153 $ (5,588,003) $ 541,656,150 $ (8,973,954) $ 532,682,196 $ (5,667,237) $ 527,014,959 $ (4,896,353) $ 522,118,606 $ (13,714,014) $ 508,404,592 $ (8,047,244) $ 500,357,348 $ (8,246,160) $ 492,111,188 $ (8,025,537) $ 484,085,651 $ 36, /62,945 $ 28,286,169 $ 27,475,469 *Schedule represents total assets in 801 fund -including portfolio accounts, FMV adjustments, cash in bank and utilities debt reserve. Excludes health insurance bank accounts utilized by Florida Blue and the Section 8 HUD bank account. Source: Balance Sheet for fund 801 (run by month) Schedule does not include OPEB investments - see separate report. � �,_, Xa4XXX aYXXpXppp XXX ee X X1ppXXXX XX XE�X XmmXXXX m C«��00000000 mXm (X(pp 1(X10� pXp �mNN01+)mOmONO mXm mXm aXa Qt�mmO�mrO O1 N(r�l erfV 0 0 0 0 0 0 0 0 0 0 o O G G f V f V M M N v Q a Q a 0 0 v v i L6 N m m m XXX XXXXXXXX XXXXXXXXXXXX ae ee X e e e e eea a eyey NO1� m m yXy Ncq -? V MMl7NNNN 0 0 C 0 0 0 O C C 0 C NNNNeOIQvm� W �N C O C C 0 0 vmNOm'f M1QO 1N00°iO�Mm N N N M M M ¢� O ...... «« N N N N A�N pp aa aaaaaa ppppb� aa mmmm yqyq m m �m mm1� E 1Dm m e+ m0lO�NlOrf70 EDOMmN001 O1+1NNm NONi�uri umiN a00 tmDNNf�m �1yy NN� rQN�00EODN mm mm �1pp a END Omf ��Nm01NNN�a asaa hl�OOO��NN � N N N N � � � �« � N � � 1n EAia F ------------ H-NNNN-HNNN N N H H H N N H N N N N m N m m m 0 m m N N N N N N N N N N N N N N N N m 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O m m m m 0 � N ........... OOOOOG G 0 0 0 C m m m m m m m N N N N N N N N N N N N N N N N 9 7 s W N N N N N N N N N N N- --------- N N eeXmeeXXeeaXX XXEXEppXXXXXXpXXXaE XXeeXXaXXXXXX p ���00000000 000��14Or�S� AN0INNEDSO�MM 0 0 0 0 0 0 o o V 0 0 0 0 0. 0 0«« N N N N M V vNv v a m vi vi m E1 O m m m a m m Em0 0 N N N N r N 0 Ae)rme)m el«mrm m mpp� N t 7 m m m p � S'2 m O S N V N S S N vlmn e) m m mm O m m r• m Q m N W O W m M m In O> F m E m N N«««« �r-m0 NQr-t7 Q W m N 0 LL NNNNNNNNNNN .....NNNN ........HN XXXXXXXXXXXX eeeeeeeeeXXX eeXXXeXXeXXX E 00000000o$�0 000gq ci. .mN aumim Mvrimmo��ln omi F ......... 0 0 0 0 0 0 0 0-- N N N M M O O O O Yi N N Yl N J 0 Epj 1p m ONjv <10'lN�m�MtOS �nn�m4mD Y IR EmD iq CW ------------ Nm'mNNM NNNN N m":tav�yy pN pV�Et�pN�mENy mN10AAE0m 0ED$0�01 N N N ......... E mQ m ommrr ry{y 0000 mo rmr�m 0o........�� �2M NmQ NelA mNmrmm«NNQQ o O � Oti OO OOGGOOO.... 00 G G 0000 r �-iVO'l000001A IN ul N IN D] � N V 72 m.m-rNNEt�QTNmm m r m« Q O a E7 « m Q mOOmNmAr 0ND AmN Q O O m m O e) m N m A Q 00N9N A<N 0090 m« r m m r N m .0 U li m E C W mmui<Mei ei e)NNN� N N N N N N N N N ... «Nt7NN �mN V xm ............ AaDNMNMMVEri oW9 Yth NNNNNNNNNNN. X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X _ E QmelN�00mmAr N N«««««« 0 0 0 0 mmOO�AAmA.-maa O O«. ci N Q A O EO N '-q %qM qma m�nr m M m A m m. N N Q Q C O C 0 0 0 G O O O C C O G O O O G O G � � f V N N e l M O O a v 0 Y i O l Y) N Y l � m D 01N m m 0 Cn mm. -m a v «mmm m u1aaQN e�mmm tOr�r��dN yy amN«ONmOfO mf00 U LL m E W - - - �N V ELi 01" mm NNeNI�Nt7NNMNNM E ------------ XpXG XXpXpXXXXXXX NNNNNHHHNNNN XX ------------ NNNNNHNNNNHE XXXXXX XoXo 8mroml0 m m 100/00100 100 b pXpeeeeX pXp pXpeX 100 Iq mmmm c0000S m10Nmm0SSNN pXp pXp pXp pXp V V Q �00000000000 00 G 00 «aN m N t7 t7 tp7p tpo70'pQ� V _ «'m 2E mm mNmNA e)� r e)m m Qm m-mmo- .-�«««««««--------------N««« m000C EN NNOS'Om1 Em0 Oml EApOmN m«r «Ne)e) aa0000 W 100 aDmc S - O - NNN NNNNN�NEV {V LL' = W------------ ------------ -N N N N N N N N N N N XXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXeeee 'o '0000'00'0`0'000 000000000NNa on�E�i1u°�mmoo�Na m K N 1V M M M M M v v , NNeN110�1N N-- m'`".A-12100 mOmNNNQNNjO�r� M N N N N 0 N m cw H N N N N�pp N N N N M N N ............. NNNNNNNNNHHN 0 0 0 0 0 0 0 Elm �,D 'N Gi thOOa ��00 Va mm OmN �OloOmV NttOOOm me)E°oN-w 0 ood������ p c W ------------ NNNNNNNNNNN N N N N N N N N N M N N 9 E XXXXXXXXXXXXX mmS00000�� XXXXXXXXXXXX mXXXXXXXXXXQeX G O O O '00000000000 SSOOOOm1h11�:@q�1 000000000--N N�r�MNmSNN1�1 NMMvvvvm... ui � m � d� Z V m m p G m t+f Eyp Itri r t11 m0 h O o� 00iQ O V V C ONtO tO0aND 0INO_N N,�N O � A SS<N N m W m m E N N N N NNNNthM NNNNN.ED EDS NOEDN hm N C W ------------ N N N N N N N N N N N- --------- M M N m E X X X X X X X T' XXX X m el m m A X X� �' XXXXXXX a O m 0 X X X X X X X X X X X X m N O A m m« A b m Q O i m 0 0 0 0 m r 1'+1'+Nryry^!1'+1`i 1`!�«� " m m mmmEo m� v�Qmo�ln u�nmm � � 000000 ooc00000 ��N Nei wi vmmvvQvvvvm 7 $ m0000yy00 «OS W N�O�NRI !� m m m 0 « m m m O m ao m{N{pp ImOON AMHONmO A m r Q Q m N Oi m m« OrNaDN GOiNmr ren m m m m m N r r O o N m m �� _ W W mLA ED aDrmr m1t14PN ------------ I.Oir m m muia QYi�� Nt7Q ------------ _ AA NOi00 au"in mm mmmmmm g -NNNNNNNNNN N �NoeXXXXeeeX XXXXXXXXXXXX XXXXXXXXXXXX _ E 00000000 N N N N N N ry N N N N � 000000000moo N [y m m 10 m 00000mommmoo m N N A A m O N N N Q Q U Y r N N mm pp N m m m m O l N t O N l a mV N M mr el 0 Q N r m; m 0 N m N m m m r r« N O N N e1 N« m m m N O m NN O ro m m �9 lnmmmmNNm.I V V N NtV NN��NNM'NN 1hNmmmNNNOrl�I� o E yq --------------- N .... NNNNNNNNNHHH XXmXmXXXXmXmXXXmXXyXmXXXXmXeXNXXX XNXXXmXmXpXpXee$ a E � ��OOmSmIliN N0m9 C1 � � � � C C G C G G C G NN,i 66om 3m OA rN O O O O O O O O O O O O SSM a1n m1�010Na m m K ad «D O^ QQm S N N N r t7 m 1. Q.O!� InA«QNm W N W NNS W O m N mEp am r m N O N m m m m 10 ^EE 1'm�m�N�mmmmm mnwmFi'��i�n�mo N1�NI�n('nmgimmmuNi � C W N N N N N N N N N N N N N N N ........ N .. N-------- N ONNNNNNNNNN NN>Nt�NNNNNE�E�E� t�f�>FINNNNNNNNN W C 'JO O O W 47 -�j NT 1 to 4 � OZO-+LL�$�-°i ¢N OZO-+LL���� ¢m OZC'+LL�$2�'Qy Schedule 8 Indian River County Allocation of Pooled Cash and Investments By Fund Types Balance in Funds as of September 30, 2023 General Fund Special Revenue Funds Debt Service Funds Capital Project Fund Solid Waste Fund Golf Course Fund Building Fund Utilities Funds Fleet Fund Insurance Funds Information Technology Fund Fiduciary Fund Total Investments Pooled Investments $ 90,663,724 $ 123,660,130 $ 639,081 $ 100,465,223 $ 35,354,885 $ 3,372,150 $ 7,311,272 $ 78,537,435 $ 161,954 $ 39,375,648 $ 2,853,573 $ 1,690,576 $ 484,085,651 Schedule includes all pooled investments, FMV adjustments, and cash in bank. Excludes Section 8 HUD bank account. Schedule does not include OPEB investments - see separate report. 66 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 0 ,� J`S SCOUNr�c o� � r u o a TO: Board of County Commissioners (acting as Board of Trustees of OPEB Trust) FROM: Elissa Nagy, Chief Deputy Comptroller THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller DATE: December 8, 2023 SUBJECT: Quarterly OPEB Trust Report for Quarter Ending 9/30/2023 Attached please find a summary report consisting of the composition and investment return of the OPEB Trust for the fourth quarter of fiscal year 2023. These funds are held in trust by our custodian BNY/Mellon. This report was reviewed by our investment advisory committee on December 7, 2023. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the attached Quarterly OPEB Trust Report. 67 E 0 O F 0 �n 00 00 > a m X X ar 3` g a 0 2' x 0 o a m 0 1n OO -i 0 o f 0 0 � -O i_ 3 N 0 o > O Q O U o y y 0 0 U y V a w u u E E u ca O O o LL N 1/al O] m u = a L L L L L L « c c c c c co 0 0 0 0 0 L L L c«« 0 0` c0 L L L «« « o c0 0 EE E E E E m m m m m E E E m m m E m fE m io � oO a oO n n m n �0 m oo n ry m N N m m e �o ry N N ti M W vt t0 �p m M l0 �D r� V o n \ W W N V m C 0 O a V1 lD lD N O m n e v N� w OO v n n m m OO N n n m m O iC O OO p N N N V1 V1 N N N Vl 4A C Cr v m Oo a ui vi m m e m m m m W Vf Vl Vl V? N N N W a0 n n a0 n O O O O C ` 3 L 0 0 W [f J m .7 in aO a b lD cO V n f Oct W m °M° N lf1 00 N m 00 V tO e m ro in a 11 DD W 0q m a0 ll OR ` N m E n ,n ++ o c m vi N a+ w: O � a a OC O m m cn o M n .n ry m m n m C O. m N N p �p W n fv1 N W v N N W O d OO 0 oo 0 m C m r% e n n m 0 o C O m ¢ 'O W 0 o e vi Oo ni C W a a m t cr O v E= v c ro a Zo� cau_ J � E � � •� •a O O Vf -O A N d N J O N J E `m •- a v o -E •� a a y v N E o d vi wo % i a N 00Lq0Ja ` i z y 0 0 o a C' 0 � � ry m •� W r � r, Q a « v N u°Ci u d z u c e `o E 0 O F 0 �n 00 00 > a m X X ar c a � x v Y X o f v d � -O i_ 3 N o > O Q O U o y y L L U y V a w u u E E u ca O O o LL N 1/al O] m N L L L L L L « c c c c c co 0 0 0 0 0 L L L c«« 0 0` c0 L L L «« « o c0 0 EE E E E E m m m m m E E E m m m E m fE m E 0 O F 0 �n 00 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy Comptroller THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller DATE: December 8, 2023 SUBJECT: Updates to the Cash Surplus Funds Investment Policy J`S�couNTyc • 0 �Aa v a o `'yF/nanN 6�� BACKGROUND During the Investment Advisory Committee meeting on December 7, 2023, the committee recommended a few updates and additions to the Cash and Surplus Funds Investment Policy. These changes included updating title references and adding an "Investment Decisions" section to include the recommended language under House Bill 3. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the Cash and Surplus Funds Investment Policy changes. Attached is a complete policy with the recommended changes as well as a track changes version. 69 INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners CASH AND SURPLUS FUNDS INVESTMENT POLICY �ORI�i Prepared by the Clerk of the Circuit Court and Comptroller As amended by the Board of County Commissioners Revised January 9, 2024 70 INDIAN RIVER COUNTY, FLORIDA CASH AND SURPLUS FUNDS INVESTMENT POLICY TABLE OF CONTENTS I. OVERVIEW AND PURPOSE............................................................................. 1 II. OBJECTIVES....................................................................................................... 1 III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES.......... 2 IV. PRUDENCE......................................................................................................... 2 V. INVESTMENT DECISIONS............................................................................... 3 VI. PORTFOLIO INVESTMENTS........................................................................... 3 VII. MATURITY AND LIQUIDITY.......................................................................... 4 VIII. PERFORMANCE MEASURES.......................................................................... 4 IX. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION .................... 4 X. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ................. 5 XI. SAFEKEEPING AND CUSTODY...................................................................... 5 XII. AGREEMENTS................................................................................................... 5 XIII. BID REQUIREMENTS........................................................................................ 6 XIV. INTERNAL CONTROLS.................................................................................... 6 XV. REPORTING........................................................................................................7 XVI. CONTINUING EDUCATION............................................................................. 7 71 I. OVER VIEWAAD PURPOSE This policy applies to all cash and surplus funds of Indian River County except 1) debt proceeds and 2) monetary assets held by other entities on behalf of the County. Indian River County often has funds available in excess of those required to meet short- term expenses (surplus funds). It is in the best interest of the citizens of Indian River County that an investment policy be established to provide guidelines for the investment of those surplus funds in such a manner as to preserve the safety and liquidity of those funds and to provide a competitive return on investments consistent with proper safeguards for the handling of government funds. The investment policy must comply with all applicable State laws regarding investment of public monies. The purpose of this document is to provide the Clerk of the Circuit Court, who is responsible for the investment of County surplus funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third parry custodial agreements, master repurchase agreements, bid requirements, internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. II. OBJECTIVES The primary objectives of investment activities carried out by the Clerk shall be the following in order of importance: 1. To preserve capital in the overall portfolio and to maintain the safety of principal; 2. To remain sufficiently liquid to meet disbursement requirements that might be reasonably anticipated; and 3. To manage the investment portfolio to provide a competitive return consistent with objectives in Items 1 and 2 and other risk limitations described in this policy. The highest priority of all investment activities shall be the safety of principal and liquidity of funds. The optimization of investment returns shall be secondary to the requirements for safety and liquidity. 72 III. DELEGATION OF A UTHORITYAND OVERSIGHT PROCEDURES The responsibility for conducting investment transactions rests with the Clerk of the Circuit Court. The Clerk may delegate the responsibility for day-to-day investment decisions to deputy clerks. The Chief Deputy Comptroller will provide investment information to the Clerk concerning investment decisions made by deputy clerks managing the investments. 2. An Investment Advisory Committee consisting of the County Administrator or his designee and at least two citizens selected by the Clerk shall meet regularly (at least quarterly) to evaluate investment performance of the County's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to prepare reports for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the Clerk. The Committee will perform an annual review of those investment policies and procedures. The Clerk may use professional money management to assist in the investment of County surplus funds consistent with this policy. If such management is employed they shall act in a co -fiduciary relationship with the Clerk to insure that ample liquidity is maintained to meet County cash flow requirements. Money managers are required to provide investment strategy reviews to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. An outside consultant may be utilized to evaluate investment performance of outside money managers. Performance figures will be calculated net of all fees and commissions. The consultant will provide comparative performance analysis on money managers to the Investment Advisory Committee quarterly. Money managers' performance, calculated in accordance with the Chartered Financial Analysts (CFA) Institute's performance presentation standards, will be compared to standard benchmarks. IV. PRUDENCE The standard of prudence to be applied by the Clerk shall be the "Prudent Person Rule" which states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. The Clerk, in accordance with Section 218.415 of the Florida Statutes and County procedures, will exercise due diligence. The Clerk will follow these policies and procedures. He will work with the Chief Deputy Comptroller who will report to him any individual security's credit risk or market price change and recommend appropriate action be taken to control adverse developments. 2 73 V. INVESTMENT DECISIONS In accordance with Section 218.415 of the Florida Statutes, investment decisions will be made based solely on pecuniary factors and may not subordinate the interests of the people of this state to other objectives, including sacrificing investment return or undertaking additional investment risk, to promote any nonpecuniary factor. The weight given to any pecuniary factor must appropriately reflect a prudent assessment of its impact on risk or returns. "Pecuniary factor," is defined in Section 218.415 as follows: a factor that the governing body of the unit of local government, or in the absence of the existence of a governing body, the respective principal officer of the unit of local government, prudently determines is expected to have a material effect on the risk or returns of an investment based on appropriate investment horizons consistent with applicable investment objectives and funding policy. The term does not include the consideration of the furtherance of any social, political, or ideological interests. VI. PORTFOLIO INVESTMENTS AUTHORIZED INVESTMENTS Authorized surplus funds shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes). Funds will only be invested in the following securities: 1. Direct obligations of the United States Treasury; 2. Any intergovernmental investment pool, with the exception of SBA pools, authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01. 3. Florida Local Government Investment Trust Fund (FLGIT); 4. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 5. Federal agencies and instrumentalities; 6. Securities of, or other interests in, any open-end or closed-end management -type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; or 3 74 Repurchase agreements with a term of one (1) year of less collateralized by direct obligations of the United States Government which have maturities of three (3) years or less and a market value of 103% or more of the repurchase amount; PROHIBITED INVESTMENTS 9. Derivatives (defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values), reverse repurchase agreements, or similar forms of leverage are prohibited; Cryptocurrency purchases of any kind are prohibited; 10. Premiums will not be paid for any investments. All investments will be purchased at par or at a discount. VII. MATURITYAND LIQUIDITY County investments shall be managed to maintain liquidity for meeting the County's need for cash and to limit potential market risks. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. VIII. PERFORMANCE MEASURES The yield of the one-year Treasury at a constant, fixed maturity is established as the benchmark for investment of County funds. The actual performance of the portfolio may vary depending on changes in interest rates. Ix PORTFOLIO COMPOSITION, RIS%AND DIVERSIFICATION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the County. The Investment Advisory Committee shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested in any one federal agency. No more than 10% of the portfolio may be placed in any one Qualified Public Depository (and collateralized in accordance with State requirements). In addition, no more than $6.5 million of the portfolio, including accrued interest, may be placed in certificates of deposit with any one financial institution. The 10% requirement per QPD includes all accounts held and certificates of deposit. No more than 10% of the portfolio may be placed in any one money market fund, mutual fund, or intergovernmental investment pool. All investments must have stated maturities of ten (10) years or less and no more than 25% of the portfolio shall be invested in instruments with stated final maturities greater than five (5) years. The portfolio shall have securities with varying maturities and at least 10% of the portfolio shall be invested in readily available funds. X AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS 4 75 Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission Rule 15C3 (Uniform Net Capital Rule). The Investment Advisory Committee must approve all brokers and dealers who desire to transact trades with the County. All brokers and dealers who desire to transact trades with the County must provide the Chief Deputy Comptroller with the following: A. Audited financial statements, B. Proof of Financial Industry Regulatory Authority certification, unless the broker falls under the classification of a "bank dealer", and then must provide a company letter stating such, C. Proof of state registration, when required, and D. Certification of having read the County Investment Policy. Brokers and dealers who have been approved by the Investment Advisory Committee must provide annual audited financial statements to the Chief Deputy Comptroller. The Investment Advisory Committee will annually review the list of approved institutions and brokers. XI. SAFEKEEPING AND CUSTODY All securities purchased by the Clerk shall be properly designated as an asset of the County and held in safekeeping by a third party custodial bank, chartered by the United States Government or the State of Florida, and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the Chief Deputy Comptroller or his designee. The Clerk will execute third party custodial agreements with banks. Such agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. XII. AGREEMENTS The Clerk will execute bank and investment agreements. Such agreements will include details as to the responsibilities of each party, costs to be borne by each party, notification of wire transfers, and transaction costs. XIII. BID REQUIREMENTS 76 After the Chief Deputy Comptroller has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The Chief Deputy Comptroller will choose the appropriate brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. A broker's response that they are unable to bid on the investment can be counted as one of the required bids. 1. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. XIV. INTERNAL CONTROLS The Clerk shall adopt a written set of internal controls and operational procedures to be implemented by the Chief Deputy Comptroller, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following: 1. All securities purchased or sold will be transferred only under the "delivery versus payment" (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met; 2. The Clerk is authorized to accept, on behalf of and in the name of Indian River County, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds; and 3. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County. 4. The written system of internal controls and operational procedures shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. XV. REPORTING 6 77 Quarterly reports will be prepared disclosing current investments, the book value of all investments, earnings for the quarter, market values for all investments, purchases, sales, and maturities of investments and such other information as may be requested. Quarterly and annual reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the consent agenda of the Board of County Commissioners. XVI. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, deputy clerks responsible for making investment decisions must annually complete sufficient continuing education as required by State law in subjects or courses of study related to investment practices and products. 78 INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners CASH AND S URPL US FUNDS INVESTMENT POLICY Prepared by the Clerk of the Circuit Court and Comptroller As amended by the Board of County Commissioners Revised Deeem'..er ' -, ZOX=January 9, 2024 79 INDIAN RIVER COUNTY, FLORIDA CASH AND SURPLUS FUNDS INVESTMENT POLICY TABLE OF CONTENTS I. OVERVIEW AND PURPOSE............................................................................. 1 II. OBJECTIVES....................................................................................................... 1 III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES.......... 2 IV. PRUDENCE......................................................................................................... 2 V. INVESTMENT DECISIONS............................................................................... 3 VI. PORTFOLIO INVESTMENTS........................................................................... 3 VII. MATURITY AND LIQUIDITY.......................................................................... 4-3 VIII. PERFORMANCE MEASURES.......................................................................... 4 IXV41I. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION .................... 4 ix. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ................. 54 XI. SAFEKEEPING AND CUSTODY...................................................................... 5 XII. AGREEMENTS................................................................................................... 5 XIII. BID REQUIREMENTS........................................................................................ 63 XIV& INTERNAL CONTROLS.................................................................................... 6 XVIV. REPORTING........................................................................................................76 XVI. CONTINUING EDUCATION............................................................................. 76 80 I. OVERVIEW AND PURPOSE This policy applies to all cash and surplus funds of Indian River County except 1) debt proceeds and 2) monetary assets held by other entities on behalf of the County. Indian River County often has funds available in excess of those required to meet short- term expenses (surplus funds). It is in the best interest of the citizens of Indian River County that an investment policy be established to provide guidelines for the investment of those surplus funds in such a manner as to preserve the safety and liquidity of those funds and to provide a competitive return on investments consistent with proper safeguards for the handling of government funds. The investment policy must comply with all applicable State laws regarding investment of public monies. The purpose of this document is to provide the Clerk of the Circuit Court, who is responsible for the investment of County surplus funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third party custodial agreements, master repurchase agreements, bid requirements, internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. II. OBJECTIVES The primary objectives of investment activities carried out by the Clerk shall be the following in order of importance: 1. To preserve capital in the overall portfolio and to maintain the safety of principal; 2. To remain sufficiently liquid to meet disbursement requirements that might be reasonably anticipated; and 3. To manage the investment portfolio to provide a competitive return consistent with objectives in Items 1 and 2 and other risk limitations described in this policy. The highest priority of all investment activities shall be the safety of principal and liquidity of funds. The optimization of investment returns shall be secondary to the requirements for safety and liquidity. 81 III. DELEGATION OFA UTHORITYAND OVERSIGHT PROCEDURES 1. The responsibility for conducting investment transactions rests with the Clerk of the Circuit Court. The Clerk may delegate the responsibility for day-to-day investment decisions to deputy clerks. The Finanee DkeeteFChief Deputy Comptroller will provide investment information to the Clerk concerning investment decisions made by deputy clerks managing the investments. 2. An Investment Advisory Committee consisting of the County Administrator or his designee and at least two citizens selected by the Clerk shall meet regularly (at least quarterly) to evaluate investment performance of the County's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to prepare reports for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the Clerk. The Committee will perform an annual review of those investment policies and procedures. 3. The Clerk may use professional money management to assist in the investment of County surplus funds consistent with this policy. If such management is employed they shall act in a co -fiduciary relationship with the Clerk to insure that ample liquidity is maintained to meet County cash flow requirements. Money managers are required to provide investment strategy reviews to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. An outside consultant may be utilized to evaluate investment performance of outside money managers. Performance figures will be calculated net of all fees and commissions. The consultant will provide comparative performance analysis on money managers to the Investment Advisory Committee quarterly. Money managers' performance, calculated in accordance with the Chartered Financial Analysts (CFA) Institute's performance presentation standards, will be compared to standard benchmarks. W. PRUDENCE The standard of prudence to be applied by the Clerk shall be the "Prudent Person Rule" which states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. The Clerk, in accordance with Section 218.415 of the Florida Statutes and County procedures, will exercise due diligence. The Clerk will follow these policies and procedures. He will work with the Finamee Dir-ee+erChief Deputy Comptroller who will report to him any individual security's credit risk or market price change and recommend appropriate action be taken to control adverse developments. 2 82 V. INVESTMENT DECISIONS In accordance with Section 218.415 of the Florida Statutes investment decisions will be made based solely n pecuniary factors and may not subordinate the interests of the people of this state to other objectives, including sacrificing investment return or undertaking additional investment risk, to promote any nonpecuniary factor. The weight given to M pecuniary factor must appropriately reflect a prudent assessment of its impact on risk or returns. "Pecuniary factor," ises defined in Section 218.415 as follows: —'4neap-,a factor that theovg_ erning body of the unit of local government, or in the absence of the existence of aovg erning body, the respective principal officer of the unit of local government, prudently determines is expected to have a material effect on the risk or returns of an investment based on appropriate investment horizons consistent with applicable investment objectives and funding policy. The term does not include the consideration of the furtherance of any social, political, or ideological interests.2 VI. PORTFOLIO INVESTMENTS AUTHORIZED INVESTMENTS Authorized surplus funds shall be subject to restrictions as may be imposed by law (Section 218.415 of Florida Statutes). Funds will only be invested in the following securities: 1. Direct obligations of the United States Treasury; 2. Any intergovernmental investment pool, with the exception of SBA pools, authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01. 3. Florida Local Government Investment Trust Fund (FLGIT); 4. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 5. Federal agencies and instrumentalities; 6. Securities of, or other interests in, any open-end or closed-end management -type investment company or investment trust registered under the Investment Company Act of 1940, 15 U.S.C. ss. 80a-1 et seq., as amended from time to time, provided that the portfolio of such investment company or investment trust is limited to obligations of the United States Government or any agency or instrumentality thereof and to repurchase agreements fully collateralized by such United States Government obligations, and provided that such investment company or investment trust takes delivery of such collateral either directly or through an authorized custodian; 7. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; or 3 83 8. Repurchase agreements with a term of one (1) year of less collateralized by direct obligations of the United States Government which have maturities of three (3) years or less and a market value of 103% or more of the repurchase amount; PROHIBITED INVESTMENTS 9. Derivatives (defined as a financial instrument the value of which depends on, or is derived from, the value of one or more underlying assets or index or asset values), reverse repurchase agreements, or similar forms of leverage are prohibited; Cryptocurrency purchases of any kind are prohibited; 10. Premiums will not be paid for any investments. All investments will be purchased at par or at a discount. VII. MATURITYAND LIQUIDITY County investments shall be managed to maintain liquidity for meeting the County's need for cash and to limit potential market risks. To the extent possible, an attempt will be made to match investment maturities with known cash needs and anticipated cash flow requirements. VIII. PERFORMANCE MEASURES The yield of the one-year Treasury at a constant, fixed maturity is established as the benchmark for investment of County funds. The actual performance of the portfolio may vary depending on changes in interest rates. VTW IX. PORTFOLIO COMPOSITION, RISKAND DIVERSIFICATION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the County. The Investment Advisory Committee shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Purchases of investments based on bond covenant requirements shall not be included in the portfolio composition calculation. With the exception of United States Treasury Obligations, no more than 20% of the entire portfolio shall be invested in any one federal agency. No more than 10% of the portfolio may be placed in any one Qualified Public Depository (and collateralized in accordance with State requirements). In addition, no more than $6.5 million of the portfolio, including accrued interest, may be placed in certificates of deposit with any one financial institution. The 10% requirement per QPD includes all accounts held and certificates of deposit. No more than 10% of the portfolio may be placed in any one money market fund, mutual fund, or intergovernmental investment pool. All investments must have stated maturities of ten (10) years or less and no more than 25% of the portfolio shall be invested in instruments with stated final maturities greater than five (5) years. The portfolio shall have securities with varying maturities and at least 10% of the portfolio shall be invested in readily available funds. 4 84 LV. x AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission Rule 150 (Uniform Net Capital Rule). The Investment Advisory Committee must approve all brokers and dealers who desire to transact trades with the County. All brokers and dealers who desire to transact trades with the County must provide the FixencDireetorChief Deputy Comptroller with the following: A. Audited financial statements, B. Proof of Financial Industry Regulatory Authority certification, unless the broker falls under the classification of a "bank dealer", and then must provide a company letter stating such, C. Proof of state registration, when required, and D. Certification of having read the County Investment Policy. Brokers and dealers who have been approved by the Investment Advisory Committee must provide annual audited financial statements to the Finanee Di=eet^ Chief Deputy Comptroller. The Investment Advisory Committee will annually review the list of approved institutions and brokers. XI. SAFEKEEPING AND CUSTODY All securities purchased by the Clerk shall be properly designated as an asset of the County and held in safekeeping by a third party custodial bank, chartered by the United States Government or the State of Florida, and no withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the wee-Dir-eeteChief Deputy Comptroller or his designee. The Clerk will execute third party custodial agreements with banks. Such agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. XII. AGREEMENTS The Clerk will execute bank and investment agreements. Such agreements will include details as to the responsibilities of each party, costs to be borne by each party, notification of wire transfers, and transaction costs. 85 XIII. BID REQUIREMENTS After the nee Dir-eeterChief Deputy Comptroller has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The Finanee Dir-eetefChief Deputy Comptroller will choose the appropriate brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. A broker's response that they are unable to bid on the investment can be counted as one of the required bids. 1. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. XIV14. INTERNAL CONTROLS The Clerk shall adopt a written set of internal controls and operational procedures to be implemented by the hief Deputy Comptroller, which said controls are designed to protect the County's funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following: 1. All securities purchased or sold will be transferred only under the "delivery versus payment" (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met; 2. The Clerk is authorized to accept, on behalf of and in the name of Indian River County, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds; and 3. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County. 4. The written system of internal controls and operational procedures shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. 6 86 XIV. REPORTING Quarterly reports will be prepared disclosing current investments, the book value of all investments, earnings for the quarter, market values for all investments, purchases, sales, and maturities of investments and such other information as may be requested. Quarterly and annual reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the consent agenda of the Board of County Commissioners. XVI. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, deputy clerks responsible for making investment decisions must annually complete sufficient continuing education as required by State law in subjects or courses of study related to investment practices and products. 7 87 CONSENT AGENDA Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners THROUGH: John A. Titkanich, Jr. County Administrator FROM: Kristin Daniels Director, Office of Management & Budget DATE: December 20, 2023 SUBJECT: Interest Rate Change on All County Financing (Petition Paving, Utility Assessment Projects, Utility Impact Fees, etc.) DESCRIPTIONS AND CONDITIONS Each year the Board of County Commissioners adjusts the fixed interest rates charged by the County for financing utility assessments, utility impact fees, petition paving assessments and any other financing. County policy has been to set this rate equivalent to the prime interest rate. The prime interest rate listed on Bloomberg on December 20, 2023 is 8.5%. Staff recommends increasing the current interest rate being charged of 7.5%, to 8.5% to reflect the interest rate that will be charged by the County during the 2024 calendar year. The only exception to this interest rate would be for projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the fixed interest rate of 8.5%. Staff further recommends that this rate remain in effect for calendar year 2024 for all County financing with the exception of projects directly affiliated with a bond issue for which the bond covenants dictate a different interest rate. ATTACHMENT County Financing Interest Rate History 88 ■■ c`6 cl) E W v H c am rel res Nuel _O H � W a) N � r�r � r�� • W U) LC) N N I,- Lf) O O O fl- I- r-- r-- fl- Il- tl- L C >1 Op f-_ Cl) Cl) 4 Lf) Lo Lo U-) Lo Lo Lo Lo Lo Lo Lo Z � c ) o U Z � rrrt evert uttu O a QU m � Z FL 0 uur t� � r■ee tttrerr o Z O �ON d M N C) M M fl- CD M"t M N C) M D N N N N N N � . . . . . . . . . O U O N N N N = U N N N N N N N N N N N I� rte uur r� rr� / ltri rr� rr� rrri rrrl / rr� tri ®rr■� rove rt•rt rr� u� rrrl � rr■t etrrt uru rrer rrs rare rr� rri rr� rrr1 am _O H � W a) N � 0 0 0 0 0 0 0 0 0 0 0 � 0 8-01 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I.L LO O O LO LC) LO O O O O m m In LO U") LO Ln W U) LC) N N I,- Lf) O O O fl- I- r-- r-- fl- Il- tl- L C >1 Op f-_ Cl) Cl) 4 Lf) Lo Lo U-) Lo Lo Lo Lo Lo Lo Lo Z � c ) o U Z � V E O a QU m � Z FL 0 E E cu Q o Z O �ON d M N C) M M fl- CD M"t M N C) M D N N N N N N � . . . . . . . . . O U O N N N N = U N N N N N N N N N N N U QU 4 - cu ° � o t o 0 o• *O Q) w C z O (� N m z O p C O Q) U to co a) •a.Qam � C) a) M m c a) Q) Q) .c ° o a) tQ� Q) Q- C, a) m LO o LO z i +� ° O QQ)i 0 v� L U Q) L � Q O � Co G 3 O N � Q) p y .G - O •� U Q) p O c,3 mo�U Ln 0 Q) Q) a) @ ti cB O m v, Q) 0) a) o o c No S �L U � Q) o c o � aQ) Q0 > o y o o ui a N •� Q o .S m U- •a p) .o c m 4 ou C � Q) Z a U 0 iO IN i_ �U) V� it N co N O N L6 C (D y E a) m a C m rn m a) Is a m LL Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27+h Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy Comptroller THRU: Ryan L. Butler, Clerk of the Circuit Court and Comptroller DATE: December 8, 2023 SUBJECT: Updates to the Other Post -Employment Benefits Investment Policy BACKGROUND During the Investment Advisory Committee meeting on December 7, 2023, the committee recommended a few updates and additions to the County's Other Post -Employment Benefits Trust Investment Policy. These changes included updating title references, adding an "Investment Decisions" section to include the recommended language under House Bill 3, and some minor grammatical changes. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the Other Post -Employment Benefits Trust Policy changes. Attached is a complete policy with the recommended changes as well as a track changes version. 90 INDIAN RIVER COUNTY, FLORIDA INVESTMENT POLICY For Other Post Employment Benefits Trust (OPEB) Prepared by the Clerk of the Circuit Court And Comptroller Updated January 9, 2024 91 INDIAN RIVER COUNTY, FLORIDA OPEB INVESTMENT POLICY TABLE OF CONTENTS I. OVERVIEW AND PURPOSE............................................................................. 1 II. OBJECTIVES....................................................................................................... 1 III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES .......... 1 IV. PRUDENCE......................................................................................................... 2 V. INVESTMENT DECISIONS............................................................................... 3 VI. AUTHORIZED INVESTMENTS........................................................................ 3 VII. MATURITY AND LIQUIDITY.......................................................................... 4 VIII. PERFORMANCE MEASURES.......................................................................... 4 IX. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION .................... 4 X. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ................. 5 XI. SAFEKEEPING AND CUSTODY...................................................................... 5 XII. BID REQUIREMENTS........................................................................................ 6 XIII. INTERNAL CONTROLS.................................................................................... 6 XIV. REPORTING........................................................................................................7 XV. CONTINUING EDUCATION............................................................................. 7 92 OVER VIEWAND PURPOSE This investment policy applies to all accumulated assets for the Indian River County Other Post -Employment Benefits Trust (OPEB Trust) created by the Indian River County Board of County Commissioners by resolution. The purpose of this document is to provide the OPEB Trust Board, who is responsible for the investment of County OPEB funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third party custodial agreements, bid requirements, internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. This policy is applicable to all OPEB Trust assets and to all consultants, agents, money managers, advisory boards, OPEB Trust Board and staff responsible for the OPEB Trust. II. OBJECTIVES The primary obligations of the plan's governing body in investing assets are to do so for the exclusive benefit of the plan's beneficiaries. The objectives of investment activities carried out by the OPEB Trust Board shall be the following in order of importance: 1. Short-term objective: a. The short-term portfolio shall maintain sufficient liquidity to meet near term disbursement needs. b. The portfolio should be managed to achieve returns consistent with appropriate benchmarks and income consistent with an appropriate level of risk. 2. Long-term objective: a. To seek long-term growth of capital and income to meet future obligations consistent with an appropriate level of risk. b. The portfolio should be managed to achieve returns consistent with appropriate benchmarks. III. DELEGATION OFAUTHORITYAND OVERSIGHTPROCEDURES The Board of County Commissioners serves as the trustees of the OPEB Trust and has delegated the responsibility for conducting investment transactions with the OPEB Trust Board. The OPEB Trust Board consists of the Clerk of Circuit Court, County Administrator or Deputy/Assistant County Administrator, Chief Deputy Comptroller, Budget Director, and Human Resource Director. The Chief Deputy Comptroller will provide investment information to the OPEB Trust Board concerning investment decisions, including rebalancing asset allocation and portfolio performance decisions made during the prior quarter. 93 III. DELEGATION OF A UTHORITYAND OVERSIGHT PROCEDURES Continued 2. An Investment Advisory Committee consisting of the County Administrator or his designee and at least two citizens (who must be financial professionals) selected by the Clerk of the Circuit Court shall meet regularly (at least quarterly) to evaluate investment performance of the OPEB trust fund's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to review reports prepared for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the OPEB Trust Board. The Committee will perform an annual review of those investment policies and procedures. 3. The OPEB Trust Board may use professional money management to assist in the investment of these funds consistent with this policy. If such management is employed, the managers shall act as a fiduciary to the OPEB Trust Board. Money managers are required to provide investment strategy reviews and performance summaries to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. All assets will be held by a third party custodial as selected by the OPEB Trust Board. An outside consultant may be utilized to evaluate the investment performance of outside money managers. The consultant will provide performance analysis that will include, but not be limited to, a strategic analysis including a report on asset allocation, risk analysis, and appropriate, if any, changes to the percentages therein. This study will be used to assist the OPEB Trust Board in the determination of the appropriate investment allocation to maximize the return and minimize the risk to the assets of the OPEB trust funds. This study may include a recommendation to add or delete asset classes as is warranted by the risk/reward analysis and is subject to OPEB Trust Board approval. The OPEB Trust Board is not bound by acceptance or denial of recommendations presented by the consultant. If no consultant is hired, then the individual mangers are responsible to provide the same information. IV. PRUDENCE/fiduciary standards The standard of prudence to be applied by all parties with investment responsibilities for the OPEB trust shall be the "Prudent Person Rule", as detailed by FS 218.415(4), which may be updated or amended from time to time. The Prudent Person Rule states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. 2 94 V. INVESTMENT DECISIONS In accordance with Section 218.415 of the Florida Statutes, investment decisions will be made based solely on pecuniary factors and may not subordinate the interests of the people of this state to other objectives, including sacrificing investment return or undertaking additional investment risk, to promote any nonpecuniary factor. The weight given to any pecuniary factor must appropriately reflect a prudent assessment of its impact on risk or returns. "Pecuniary factor," is defined in Section 218.415 as follows: a factor that the governing body of the unit of local government, or in the absence of the existence of a governing body, the respective principal officer of the unit of local government, prudently determines is expected to have a material effect on the risk or returns of an investment based on appropriate investment horizons consistent with applicable investment objectives and funding policy. The term does not include the consideration of the furtherance of any social, political, or ideological interests. VI. AUTHORIZED INVESTMENTS Authorized investments will be limited to the following securities: 1. Direct obligations of the United States Treasury; 2. Intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01; 3. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 4. Federal agencies and instrumentalities, including but not limited to, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Federal Home Loan Banks, Federal Farm Credit Banks; Shares in, any open-end or closed-end mutual fund or Exchange Traded Funds (ETF); 6. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; 7. Repurchase agreements with a term of 180 days, collateralized by direct obligations of the United States Government; 8. Corporate fixed income securities issued by any corporation in the United States with any A rating or better; 9. Asset back securities issued by the United States; 10. Guaranteed investment contract (GIC) with insurance companies rated "A" or better by two of the nationally recognized rating agencies or a comparable nationally recognized statistical rating organization. 95 11. Equity assets, including common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock. VIL MATURITYAND LIQUIDITY The OPEB trust assets shall provide sufficient liquidity to meet the annual funding payment. VIII. PERFORMANCE MEASURES The expected long-term annual rate of return for the portfolio is targeted to be 6%, which is an actuarial assumption, until amended by the OPEB Trust Board. The portfolio will be split into two categories for investment and performance measurement purposes. The first category will include an amount equal to the expected pay-as-you-go payment for the upcoming 12-24 months (short-term portion) and the remainder will be included in the long-term category. The benchmark for investment of these OPEB funds will be based upon a blended, pro - rata portion of the appropriate indices of the funds. Ix PORTFOLIO COMPOSITION, RIS%AND DIVERSIFICATION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the OPEB Trust Board. The Investment Advisory Committee, as confirmed by the OPEB Trust Board, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Assets of the OPEB trust fund shall be invested in a broadly diversified portfolio consisting of equity, debt, and cash equivalents securities. The portfolio shall also be structured in a manner to provide broad diversification within each asset class. Additional contributions may be needed to pay near-term obligations of the OPEB Trust Fund. From time to time, the OPEB Trust Board will adopt asset allocation strategies within the ranges specified below: Short Term Investment Portion up to 100% of the portfolio: Cash and Cash Equivalents, with maturities of 180 days or less Long Term Investment Portion: Equities 0%-60%, consisting of a diversified portfolio of domestic small, mid and large cap equity funds and international equity funds Fixed Income 0%-60% Cash and Cash Equivalents 0%-100% The OPEB Trust Board is authorized by this policy to make asset allocation decisions to reallocate or redirect either contributions or investments held by the OPEB Trust Fund in order to take advantage of changing market conditions. Any move that will cause the allocation of the investment classes to vary from the above allocation percentages of any asset class requires approval by the OPEB Trust Board. 4 96 The following are prohibited purchases: 1. More than 5% of the total equity allocation invested in individual equity securities of any one company at market value 2. More than 5% of the total debt allocation invested in debt instruments in any single issuer with the exception of US Treasuries and agencies 3. Short sales 4. Margin or leveraged purchases 5. Commodities 6. Real estate 7. Art objects or collectables 8. Options 9. Warrants X AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission, or by direct purchases of an approved open-ended mutual fund family. The Investment Advisory Committee must approve all brokers and dealers who transact trades with the County. All brokers and dealers who transact trades with the OPEB Trust Fund must provide the Finance Director with the following: 1. Audited financial statements, 2. Proof of National Association of Security Dealers certification, 3. Proof of state registration, when required, and 4. Certification of having read and will comply with the OPEB Investment Policy. The Investment Advisory Committee will annually review the list of approved qualified depositories, primary dealers, brokers/dealers, and should conditions warrant, more frequently. XI. SAFEKEEPING AND CUSTODY All securities purchased by the OPEB Trust Board designee shall be properly designated as an asset of the OPEB Trust Fund and held in safekeeping by a third party custodial bank, chartered by the United States Government or the State of Florida, and/or a financial institution approved by the National Association of Security Dealers. No withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the OPEB Trust Board designee, Clerk of the Circuit Court or Finance Director. The Clerk of the Circuit Court, on behalf of the OPEB Trustees, will execute third party custodial agreements with banks or financial institutions. Such agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. 5 97 XII. BID REQUIREMENTS FOR DEBT INSTRUMENTS After the investment manager, which may be the Chief Deputy Comptroller or her designee, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The investment manager will choose the appropriate brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. A broker's response that they are unable to bid on the investment can be counted as one of the required bids. 1. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. XIII. INTERNAL CONTROLS The OPEB Trust Board shall adopt a written set of internal controls to be implemented by the Clerk of the Circuit Court or his designee, which said controls are designed to protect the OPEB funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following: 1. All securities purchased or sold will be transferred only under the "delivery versus payment" (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met, 2. The Clerk of the Circuit Court or his designee is authorized to accept, on behalf of and in the name of Indian River County OPEB Trust Fund, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds, 6 98 3. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County OPEB Trust, and 4. The written system of internal controls shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. XIV. REPORTING Quarterly reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the agenda of the Board of County Commissioners. Other information may include recent market conditions, economic developments, and anticipated investment conditions. XV. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, OPEB Trust Fund staff responsible for making investment decisions must annually complete sufficient continuing education as specified in Florida Statue Section 218.415(14). 7 99 INDIAN RIVER COUNTY, FLORIDA INVESTMENT POLICY For Other Post Employment Benefits Trust (OPEB) E] r �ORW- Prepared by the Clerk of the Circuit Court And Comptroller Updated Deeembel - 4, 20"January 9, 2024 100 INDIAN RIVER COUNTY, FLORIDA OPER INVESTMENT POLICY TABLE OF CONTENTS I. OVERVIEW AND PURPOSE............................................................................. 1 II. OBJECTIVES....................................................................................................... 1 III. DELEGATION OF AUTHORITY AND OVERSIGHT PROCEDURES.......... 1 IV. PRUDENCE......................................................................................................... 2 V. INVESTMENT DECISIONS............................................................................... 3 VI. AUTHORIZED INVESTMENTS........................................................................ 3 VII. MATURITY AND LIQUIDITY.......................................................................... 4-3 VIII. PERFORMANCE MEASURES.......................................................................... 4-3 IXV41-I. PORTFOLIO COMPOSITION, RISK AND DIVERSIFICATION .................... 4 IX. AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS ................. 5 XI. SAFEKEEPING AND CUSTODY...................................................................... 5 XII. BID REQUIREMENTS........................................................................................ 6 XIII. INTERNAL CONTROLS.................................................................................... 6 XIV14. REPORTING........................................................................................................ 76 XIV. CONTINUING EDUCATION............................................................................. 7 101 I. OVER VIEWAND PURPOSE This investment policy applies to all accumulated assets for the Indian River County Other Post -Employment Benefits Trust (OPEB Trust) created by the Indian River County Board of County Commissioners by resolution. The purpose of this document is to provide the OPEB Trust Board, who is responsible for the investment of County OPEB funds, a set of procedures and guidelines for investment selection and monitoring of invested funds. Investment objectives, performance measurement, prudence and ethical standards, authorized investments, maturity and liquidity requirements, portfolio composition, risk and diversification, authorized investment institutions and dealers, third party custodial agreements, bid requirements, internal controls, reporting and continuing education will be established by this investment policy and serve as the framework for all investment activities. This policy is applicable to all OPEB Trust assets and to all consultants, agents, money managers, advisory boards, OPEB Trust Board and staff responsible for the OPEB Trust. II. OBJECTIVES The primary obligations of the plan's governing body in investing assets are to do so for the exclusive benefit of the plan's beneficiaries. The objectives of investment activities carried out by the OPEB Trust Board shall be the following in order of importance: Short-term objective: a. The short-term portfolio shall maintain sufficient liquidity to meet near term disbursement needs. b. The portfolio should be managed to achieve returns consistent with appropriate benchmarks and income consistent with an appropriate level of risk. 2. Long-term objective: a. To seek long-term growth of capital and income to meet future obligations consistent with an appropriate level of risk. b. The portfolio should be managed to achieve returns consistent with appropriate benchmarks. III. DELEGATION OFA UTHORITYAND OVERSIGHT PROCEDURES The Board of County Commissioners serves as the trustees of the OPEB Trust and has delegated the responsibility for conducting investment transactions with the OPEB Trust Board. The OPEB Trust Board consists of the Clerk of Circuit Court, County Administrator or De u /Assistant County Administrator, lee DiFeeterChief Deputy Comptroller, Budget Director, and Human Resource Director. The Finanee Di -eetefChief Deputy Comptroller will provide investment information to the OPEB Trust Board concerning investment decisions, including rebalancing asset allocation and portfolio performance decisions made during the prior quarter. 102 III. DELEGATION OF A UTHORITYAND OVERSIGHT PROCEDURES Continued 2. An Investment Advisory Committee consisting of the County Administrator or his designee and at least two citizens (who must be financial professionals) selected by the Clerk of the Circuit Court shall meet regularly (at least quarterly) to evaluate investment performance of the OPEB trust fund's investment portfolio, to evaluate current and future liquidity needs and investment strategy, and to review reports prepared for the Board of County Commissioners. The Committee will recommend appropriate investment policies and procedures for all investment activities carried out by the OPEB Trust Board. The Committee will perform an annual review of those investment policies and procedures. 3. The OPEB Trust Board may use professional money management to assist in the investment of these funds consistent with this policy. If such management is employed, the managers shall act as a fiduciary to the OPEB Trust Board. Money managers are required to provide investment strategy reviews and performance summaries to the Investment Advisory Committee quarterly or more frequently if requested. Money managers shall provide portfolio valuations monthly or more frequently if requested. All assets will be held by a third party custodial as selected by the OPEB Trust Board. An outside consultant may be utilized to evaluate the investment performance of outside money managers. The consultant will provide performance analysis that will include, but not be limited to, a strategic analysis including a report on asset allocation, risk analysis, and appropriate, if any, changes to the percentages therein. This study will be used to assist the OPEB Trust Board in the determination of the appropriate investment allocation to maximize the return and minimize the risk to the assets of the OPEB trust funds. This study may include a recommendation to add or delete asset classes as is warranted by the risk/reward analysis and is subject to OPEB Trust Board approval. The OPEB Trust Board is not bound by acceptance or denial of recommendations presented by the consultant. If no consultant is hired, then the individual mangers are responsible to provide the same information. IV. PRUDENCE/fiduciary standards The standard of prudence to be applied by all parties with investment responsibilities for the OPEB trust shall be the "Prudent Person Rule", as detailed by FS 218.415(4), which may be updated or amended from time to time. The Prudent Person Rule states, "Investments should be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived from the investment." The Prudent Person Rule shall be applied in the context of managing the overall portfolio. 2 103 V. INVESTMENT DECISIONS In accordance with Section 218.415 of the Florida Statutes, investment decisions will be made based solely on pecuniary factors and may not subordinate the interests of the people of this state to other objectives, including sacrificing investment return or undertaking additional investment risk, to promote any nonpecuniary factor. The weight given to 4py pecuniary factor must appropriately reflect a prudent assessment of its impact on risk or returns. "Pecuniary factor," is defined in Section 218.415 as follows: a factor that theovg erning body of the unit of local government, or in the absence of the existence of a governing body, the respective principal officer of the unit of local government, prudently determines is expected to have a material effect on the risk or returns of an investment based on appropriate investment horizons consistent with applicable investment objectives and funding policy. The term does not include the consideration of the furtherance of any social, political, or ideological interests. VI. AUTHORIZED INVESTMENTS Authorized investments will be limited to the following securities: 1. Direct obligations of the United States Treasury; 2. Intergovernmental investment pool authorized pursuant to the Florida Interlocal Cooperation Act as provided in FS 163.01; 3. Interest-bearing time deposits or savings accounts in qualified public depositories as defined in Section 280.02, Florida Statutes; 4. Federal agencies and instrumentalities, including but not limited to, Federal Home Loan Mortgage Corporation, Federal National Mortgage Association, Federal Home Loan Banks, Federal Farm Credit Banks; Shares in, any open-end or closed-end mutual fund or Exchange Traded Funds (ETF); 6. Securities and Exchange Commission registered money market funds with the highest credit quality rating from a nationally recognized rating agency; 7. Repurchase agreements with a term of 180 days, collateralized by direct obligations of the United States Government; 8. Corporate fixed income securities issued by any corporation in the United States with any A rating or better; 9. Asset back securities issued by the United States; 3 104 10. Guaranteed investment contract (GIC) with insurance companies rated "A" or better by two of the nationally recognized rating agencies or a comparable nationally recognized statistical rating organization. 11. Equity assets, including common stock, preferred stock, and interest-bearing obligations having an option to convert into common stock. VII. MATURITYAND LIQUIDITY The OPEB trust assets shall provide sufficient liquidity to meet the annual funding payment. VIII. PERFORMANCE MEASURES The expected long-term annual rate of return for the portfolio is targeted to be 6%, which is an actuarial assumption, until amended by the OPEB Trust Board. The portfolio will be split into two categories for investment and performance measurement purposes. The first category will include an amount equal to the expected pay-as-you-go payment for the upcoming 12-24 months (short-term portion) and the remainder will be included in the long-term category. The benchmark for investment of these OPEB funds will be based upon a blended, pro - rata portion of the appropriate indices of the funds. VH -L Ix PORTFOLIO COMPOSITION, RIS%AND DIVERSIFICATION The following are the guidelines for investments and limits on security issues, issuers and maturities as established by the OPEB Trust Board. The Investment Advisory Committee, as confirmed by the OPEB Trust Board, shall have the option to further restrict or increase investment percentages from time to time based on market conditions. Assets of the OPEB trust fund shall be invested in a broadly diversified portfolio consisting of equity, debt, and cash equivalents securities. The portfolio shall also be structured in a manner to provide broad diversification within each asset class. Additional contributions may be needed to pay near-term obligations of the OPEB Trust Fund. From time to time, the OPEB Trust Board will adopt asset allocation strategies within the ranges specified below: Short Term Investment Portion up to 100% of the portfolio: Cash and Cash Equivalents, with maturities of 180 days or less Long Term Investment Portion: Equities 0%-60%, consisting of a diversified portfolio of domestic small, mid and large cap equity funds and international equity funds Fixed Income 0%-60% Cash and Cash Equivalents 0%-100% 4 105 The OPEB Trust Board is authorized by this policy to make asset allocation decisions to reallocate or redirect either contributions or investments held by the OPEB Trust Fund in order to take advantage of changing market conditions. Any move that will cause the allocation of the investment classes to vary from the above allocation percentages of any asset class requires approval by the OPEB Trust Board. The following are prohibited purchases: 1. More than 5% of the total equity allocation invested in individual equity securities of any one company at market value 2. More than 5% of the total debt allocation invested in debt instruments in any single issuer with the exception of US Treasuries and agencies 3. Short sales 4. Margin or leveraged purchases 5. Commodities 6. Real estate 7. Art objects or collectables 8. Options 9. Warrants I -X-. X AUTHORIZED INVESTMENT INSTITUTIONS AND DEALERS Purchases and sales of authorized investments will only be made through financial institutions that are qualified as public depositories by the Chief Financial Officer of the State of Florida or are "primary dealers" as designated by the Federal Reserve Bank of New York or are broker/dealers that qualify under Securities and Exchange Commission, or by direct purchases of an approved open-ended mutual fund family. The Investment Advisory Committee must approve all brokers and dealers who transact trades with the County. All brokers and dealers who transact trades with the OPEB Trust Fund must provide the Finance Director with the following: 1. Audited financial statements, 2. Proof of National Association of Security Dealers certification, 3. Proof of state registration, when required, and 4. Certification of having read and will comply with the OPEB Investment Policy. The Investment Advisory Committee will annually review the list of approved qualified depositories, primary dealers, brokers/dealers, and should conditions warrant, more frequently. XI. SAFEKEEPING AND CUSTODY All securities purchased by the OPEB Trust Board designee shall be properly designated as an asset of the OPEB Trust Fund and held in safekeeping by a third party custodial bank, chartered by the United States Government or the State of Florida, and/or a financial institution approved by the National Association of Security Dealers. No withdrawal of such securities, in whole or in part, shall be made from safekeeping except by the OPEB Trust Board designee, Clerk of the Circuit Court or Finance Director. 5 106 The Clerk of the Circuit Court, on behalf of the OPEB Trustees, will execute third party custodial agreements with banks or financial institutions. Such agreements will include details as to the responsibilities of each party, the costs to be borne by each party, notification of security purchases, sales, delivery, repurchase agreements and wire transfers, safekeeping and transaction costs, and procedures in case of unforeseen mishaps. XII. BID REQUIREMENTS FOR DEBT INSTRUMENTS After the investment manager, which may be the ince Dir-ee4er- "hief Deputy Comptroller or her designee, has determined the approximate maturity date based on the cash flow needs and market conditions and has analyzed and selected one or more optimal types of investments, a minimum of three qualified brokers and/or dealers will be contacted and asked to provide bids on the securities in question. In most situations the competitive bid process shall be utilized, except when securities are purchased as an initial offering. The investment manager will choose the appropriate brokers or dealers from among those on the approved broker/dealer list based on expertise, competitiveness and the ability to execute the transaction and deliver the securities on a timely basis. A minimum of three (3) bids will be obtained. A broker's response that they are unable to bid on the investment can be counted as one of the required bids. 1. Bids will be held in confidence until the best bid is determined and awarded, 2. Documentation will be retained for all bids, with the winning bid clearly identified, 3. If for any reason the highest bid (on sales of investments) or the lowest bid (on purchases of investments) is not selected, then the reasons leading to that decision will be clearly documented, 4. If the maturing investment is a certificate of deposit, the present holder of the funds will be one of the contacts made, subject to the portfolio diversification requirements in this policy and the institutions' ability to maintain collateral. XIIII. INTERNAL CONTROLS The OPEB Trust Board shall adopt a written set of internal controls and eper-atienal pr-eeedu es to be implemented by the Clerk of the Circuit Court or his designee, which said controls are designed to protect the OPEB funds and ensure proper accounting and reporting of securities transactions. Such internal controls shall consist, at a minimum, of the following: 6 107 1. All securities purchased or sold will be transferred only under the "delivery versus payment' (DVP) method to ensure that funds or securities are not released until all criteria relating to the specific transaction are met, 2. The Clerk of the Circuit Court or his designee is authorized to accept, on behalf of and in the name of Indian River County OPEB Trust Fund, bank trust receipts or confirmations as evidence of actual delivery of the obligations or securities in return for investment of funds, 3. Trust receipts or confirmations shall fully describe the various obligations or securities held. The receipt or confirmation shall state that the investment is held in the name of Indian River County OPEB Trust, and 4. The written system of internal controls shall be approved by the Investment Advisory Committee and shall be subject to review by the external auditors as part of the annual financial audit. XIVIII. REPORTING Quarterly reports concerning the investment activities, investment portfolio and performance will be submitted to the Investment Advisory Committee and placed on the agenda of the Board of County Commissioners. Other information may include recent market conditions, economic developments, and anticipated investment conditions. XIV. CONTINUING EDUCATION Given the often complex and diverse nature of investments, and the importance of balancing the safety and liquidity of investments against the desire to maximize interest earnings, OPEB Trust Fund staff responsible for making investment decisions must annually complete sufficient continuing education as specified in Florida Statue Section 218.415(14). 7 108 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: December 21, 2023 To: Board of County Commissioners From: John A. Titkanich, County Administrator Sean C. Lieske, Director of Utility Services Through: Howard G. Richards, PE, Manager - Capital Projects, Utility Services Prepared by: Harrison Youngblood, PE, Utilities Engineer, Utility Services Subject: Final Pay to Kimley-Horn and Associates, Inc. for Work Order No. 8, North County Water Plant Discharge Permit Renewal Descriptions and Conditions: On May 3, 2022, the Board of County Commissioners (BCC) approved Work Order No. 8 to Kimley-Horn & Associates, Inc. (KHA), for $68,910.00, to perform the discharge permit renewal for the North County Water Treatment Plant. The renewal of this discharge permit is required in order for the continued operation of the water treatment plant. Analysis: Kimley-Horn & Associates, Inc. (KHA) has submitted Invoice No. 25802834, which is the final payment for services related to Work Order No. 8. The Indian River County Department of Utility Services (IRCDUS) has recommended approval of the payment. Funding: Funds, in the amount of $12,187.00, are available in Utilities/Spoonbill/Other Professional Services/Spoonbill Permit Renew & Uprating account, number 47129236-033190-23542 in the Utilities operating fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/Spoonbill/Other Professional 47129236-033190-23542 $12,187.00 Services/Spoonbill Permit Renew & Uprating Recommendation: Staff recommends that the Board of County Commissioners approve the payment in the amount of $12,187.00, which represents final payment of Work Order No. 8 to Kimley-Horn & Associates, Inc. Attachment: F:\Utilities\00_UTILITY -AGE NDATEMPLATE & GUIDELI NES\2024 Agenda Items\010924 BCC Agenda Items\Final Pay KHA WO #8 109 1. Invoice No. 25802834 Page 2 of 2 110 Kimley)))Horn 4.acetvsde Invoice for Professional Services Please remit payment electronically to: If paying by check, please remit to: Account Name: KIMLEY-HORN AND ASSOCIATES, INC. KIMLEY-HORN AND ASSOCIATES, INC. Bank Name and Address: WELLS FARGO BANK, N.A., SAN FRANCISCO, CA 94163 P.O. BOX 932520 Account Number: 2073089159554 ATLANTA, GA 31193-2520 ABA#: 121000248 INDIAN RIVER COUNTY ATTN: HARRISON YOUNGBLOOD 1801 27TH STREET FINAL VERO BEACH, FL 32960 Federal Tax Id: 56-0885615 For Services Rendered through Aug 31, 2023 LUMP SUM Invoice No: 25802834 Invoice Date: Aug 31, 2023 Invoice Amount: $12,187.00 Project No: 044572108.1 Project Name: North County Water Plant 2023 TASK 02 MEETINGS Discharge Permit Renewal Project Manager: GRIMALDI, JILL Client Reference: PID#12.23.542 WO# 8 Description Contract Value % Complete Amount Earned Previous Amount to Date Billed Current Amount Due TASK 01 COLLECT & REVIEW DATA 7,903.00 100.00% 7,903.00 7,903.00 0.00 TASK 02 MEETINGS 6,934.00 100.00% 6,934.00 3,467.00 3,467.00 TASK 03 REVIEW & EVALUATE RESULTS 9,462.00 100.00% 9,462.00 9,462.00 0.00 TASK 04 PREPARE APPLICATION 7,763.00 100.00% 7,763.00 7,763.00 0.00 TASK 05 PREPARE SUPPORTING INFORMATION 9,742.00 100.00% 9,742.00 9,742.00 0.00 TASK 06 SUBMIT PERMIT PACKAGE & COORDINATION 5,306.00 100.00% 5,306.00 5,306.00 0.00 TASK 07 RESPOND TO RAPS 21,800.00 50.00% 10,900.00 2,180.00 8,720.00 Subtotal 68,910.00 84.18% 58,010.00 45,823.00 12,187.00 Total LUMP SUM 12,187.00 DESCRIPTION OF SERVICES PERFORMED: FINAL DRAFT PERMIT REVIEW AND ADVERTISEMENT COORDINATION. PROJECT COMPLETE. FINAL INVOICE. Total Invoice: $12,187.00 P.O. i0: ACC -l-, ACCT- -A:------ DIVISION SUPERVISOR. UTIL. FINANCE: DEPT. HEi AD: _ S y 111 rf vnn havo Anv n..aefinne n/..—.,...a-...a r -a__.1 n___ -u _1 — n.n nnen -- — .. n- -1-1 _ .. ._ - Charlene Scherf From: Ehlers, Joshua <Joshua.Ehlers@kimley-horn.com> Sent: Thursday, October 19, 2023 10:19 AM To: Charlene Scherf Subject: RE: 044572108.1 -Ki mley-Horn Invoice for SPOONBILL PERMIT RENEWAL -2023-08 Attachments: 0445 72108. 1 _SPOON 8ILL-PERM IT -RE NEWA L_2023-08.pdf CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Good morning, I just wanted to touch base and inquire about the status of your August invoice. Can you please provide an update? Please let me know if you have any questions/concerns or are needing anything additional in order to process. Thank you, Josh Ehlers Kimley-Horn 12619 Centennial Blvd STE 200, Tallahassee, FL 32308 Direct: (850) 553 - 3518 Proud to be one of FORTUNE magazine's 100 Best Companies to Work For From: Charlene Scherf <cscherf@ircgov.com> Sent: Monday, September 11, 2023 3:34 PM To: Vanegas, Melizza <Melizza.Vanegas@kimley-horn.com> Subject: RE: 044572108.1_Kimley-Horn Invoice for SPOONBILL PERMIT RENEWAL -2023-08 Received, thank you. Charlene Sclierf Staff Assistant II Indian River County Department of Utility Services 1801 271h Street Vero Beach, FL 32960 772-226-1836 cscherf@irczov.com Please note my email will be changing to cscherfC@-indianriver.pov please add to your contacts and through your spam filter "Doing what is necessary today to provide abetter Utility for tomorrow" Indian River County Board of County Commissioners r rcgov. c o m allow this new domain 112 w 5 K a v O C c O vC f c O a Q a C � y n n O 0 ^ C ,E pZf O 0 9 C y y � O 0 a c ° 'Cl 0 0 C Q1 ti U ^ M a a m c c Q O 14 a o En c o e v Cl o ° 0 0 ` N Y L N Q O n C C a O c -Oa .- 1 m m 0 0 m Q Q 0 rn 0 m � � C c E t -n m w v > m a m w � n C Gp C w C V " G1 � a ° 0 � V w 5 K a v O Q p gJ S 0 0 � O 1° Vl N uti O O m 0 O O O o n u< r+ Vf O O O O V1 n V1 0 0 0 0 0 0 0 0 C Q1 ti M M m Q O n 0 0 0 0 0 G N Q O n 0 O�C, o -Oa .- 1 m m 0 0 m 0 a, 0 rn 0 m 0 m E t -n m w n v w " 0 0 0 0 0 10 tD 0 0 Ul Q Q N N N N N N a. to Vl H N V1 N N VY N Vf w N N d V C t0 f0 m O O O O v) m N Vt O O O 7 O m n m m M O M T tD Q m V1 N pi N M M n f� EO � v� M m m m .o m 00 Q ti Q m M Q �+'1 m V1 �Njy H ti _u O C O O ^ Y 00 0 0 0 0 H N FN N N m W O O n m 0 Q Y wQ 0 m 0 0 ONC5 ON FQ- m N u, O O O O O O O O O Y � O O V1 ^ �-� C3 n Q Y OQ OO O O O O O H q Q cr a0 t° l° � O Q m O N O N M o Q O 0 o M n n o O 0 O � 01 m N (O O O VI V) V) (n Vl O O m n O N m N 1O Q p Q p n Y Q N M m O Q Lo Vl N V) IA V) ul o Q n m v o 0 0 Ln ui o ori ^ ai O O O N V) N V1 VI N V) V) V1 `u a E n m vmi uni � rn mom-+ m" N Vt GO O NN N N N N N N N N C) 0 N n M N - N -- N N c N N N N N N N M M m m N N N N N D N N N �o ON N N N N N N c O N O O M m C^1 M M f`7 M M m in !O n w rn o N t`° n w O Q p gJ S 0 0 � O 1° Vl N uti O O m 0 O O O o n u< r+ Vf William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney Of C2 Of Consent Agenda 01/09/2024 INDIAN RIVER COUNTY MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: December 27, 2023 SUBJECT: Fence Encroachment Agreement with Florida Power and Light ATTORNEY Florida Power and Light (FPL) owns a substation bordered by 27th Avenue to the west, 15th Street SW to the south and 26th Court SW to the east, located in the south part of the County in the Oslo Park subdivision. An aerial photo of the site is attached to this memorandum. The substation is surrounded by an 8 -foot high chain link fence topped with barbed wire. This type of fencing is required to be installed around substations. Recent surveying done in the area shows that FPL's fence encroaches approximately 4 feet into the County's right-of-way along 26th Court SW. In its current state, 26th Court SW is a two-lane unimproved dirt road with 60 feet of right-of-way. After discovering the encroachment, staff met with FPL representatives about resolving the encroachment. After researching the issue, FPL determined that moving the fence out of the County right-of-way and on to FPL property would cause the fence to be too close to several pieces of fixed equipment inside the fence. The fixed equipment would then be nonconforming with the applicable codes for electrical substations. FPL estimated that the cost of moving the fence would not be significant but the cost of moving the equipment could exceed $1,000,000. Rather than move the fence and the equipment, the parties agreed to enter into Fence Encroachment Agreement (Agreement) whereby the County would allow the existing fence encroachment to remain on County right-of-way until such time as the property is needed for construction of 26th Court SW. If the cost of constructing 26' Court SW is increased by the fence encroachment, FPL has agreed to pay for any additional right-of-way acquisition and/or construction costs brought about by the encroachment. Funding: there is no impact to County funding from this Agreement Recommendation: Staff recommends the Board approve the Fence Encroachment Agreement and authorize the Chairman to sign the Agreement on behalf of the Board. Attachments: Aerial Photo Fence Encroachment and Relocation Agreement Copies to: Rachel Falcone, FPL Contract Siting Project Manager, Rachel. Falcone(a_FPL.com Kirstin Leiendecker, Assistant Public Works Director Chris Mora, Acting County Engineer 114 Indian River County, FL Overview Parcels Street Centerlines Subdivisions i _� Municipal Boundaries 2 IRC Private_ Schools Government Facilities ty FEDERAL GOVERNMENT COUNTY GOVERNMENT E LOCAL GOVERNMENT t SCHOOL C.l HOSPITAL �lE FIRESTATION LAW ENFORCEMENT STATE PARK COUNTY PARK CITY PARK ® BOAT RAMP • CANOELAUNCH • CANOE LANDING Golf Courses Water Parcel ID 33392600006000200009.0 Prop ID 87875 Owner FLORIDA POWER & LIGHT Last 2 Sales Sec/Twp/Rng 26-33-39 Class 0700 - Misc Address COMPANY Date Price Instr Qual Property 148027TH AV SW Residential ATT:?ROPERTYTAX-PSWJB700 Type Address VERO BEACH Acreage 0.74 UNIVERSE BLVD n/a 0 n/a n/a JUNO BEACH, FL 33408 n/a 0 n/a n/a Plat Book Link District 7W- COUNTY- OSLO PARK ST LIGHT DISTRICT Brief Tax Description OSLO PARK SUB NO 7 BLK B LOTS 9,10,11,12&jllII W 1:W NOTE: 1" 1 O 10 BE U Sib� � I Date created: 12/28/2023 Last Data Uploaded: 12/28/2023 5:52:07 AM Developed by`►., Schneider G£OSPATIAL 1�5 Prepared by and after recording return to: Seth S. Sheitelman, Esq. Florida Power & Light Company 700 Universe Boulevard Juno Beach, Florida 33408 FENCE ENCROACHMENT AGREEMENT THIS FENCE ENCROACHMENT AGREEMENT ("Agreement') is made this _ day of January, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County"), whose address is 1801 27th Street, Vero Beach, Florida 32960, and Florida Power & Light Company, a Florida corporation ("FPL"), whose address is 700 Universe Boulevard, Juno Beach, Florida 33408, Attn: Corporate Real Estate Department. The County and FPL are sometimes individually referred to herein as a "Party" and collectively as the "Parties." Recitals WHEREAS, FPL owns that certain real property located at 1480 27th Avenue SW, Vero Beach, Indian River County, Florida having Indian River County Parcel Identification Number 33392600006000200009.0 ("FPL Property"); WHEREAS, the County owns that certain real property located adjacent to and contiguous with the FPL Property ("County Property"); WHEREAS, FPL's existing fence encroaches onto the County Property ("Encroachment") as reflected on the drawing attached hereto as Exhibit A and by this reference made a part hereof ("Encroachment Area"); and WHEREAS, FPL has requested consent from the County to keep, maintain, repair, replace and enjoy the Encroachment upon the County Property within the Encroachment Area, and the County is willing to grant such consent upon the terms and conditions hereafter set forth. NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions set forth in this Agreement, FPL and the County hereby agree as follows: 1. Recitals. The Parties agree that the foregoing recitals are true and correct and are incorporated herein by this reference. 2. Encroachment. The County hereby consents for FPL to maintain, use, operate, repair, replace and enjoy the Encroachment on the County Property within the Encroachment Area, subject to compliance with the following terms and conditions: a. FPL shall keep the Encroachment Area free of any trash or debris caused solely and directly by FPL, or its contractors, employees or agents. FPL shall not allow the Encroachment Area to be used for any unlawful purpose. FPL shall comply with all 116 applicable governmental laws, ordinances, rules and regulations while using the Encroachment Area for the purposes granted herein. b. FPL will repair any damage to the Encroachment Area if the Encroachment area is damaged during the term of this Agreement,, unless such damage is caused by the County's negligence or misconduct. C. Except as to the Encroachment, FPL shall not construct any additional improvements of any kind within the confines of the Encroachment Area. d, Notwithstanding the forgoing, in the event the Encroachment is destroyed or damaged or in need of replacement, now or in the future at any time, the replacement Encroachment may only be installed or constructed in the same location as the current Encroachment. 3. Future Countmprovements.. The Parties hereby acknowledge and agree that, in the future, the County may need to pave, expand awlAw improve the Encroachment Area in connection with a County public right-of-way project ("Future improvement"), and that the County's construction of such Future Improvement may conflict with, and in the ordinary course would require the relocation of the Encroachment. However, both Parties recognize that relocation of the Encroachment may not be practicable given the nature of the Encroachment. Should the County's need for improvement or construction of any Future Improvement occur which presents a conflict with FPL's Encroachment, and FPL is not able or willing to relocate or alter its Encroachment to resolve the conflict, then FPI, agrees to pay the County the incremental actual and reasonable costs incurred by the County to design and construct its Future Improvement so as to avoid the conflict with FPL's Encroachment that otherwise would not have been incurred, whereupon FPL shall pay the County within sixty (60) days after receipt from the County of an invoice for those incremental costs; provided, however, in no event shall incremental cost exceed $50,000.00 without the prior written consent of FPL. . 4. No Ownership. FPL acknowledges and agrees that it shall not have any ownership interest in and to the Encroachment Area or the County Property by virtue of this Agreement. 5. Termination. The County may terminate this Agreement at any time upon at least one (I) year's prior written notice to FPL. FPL may terminate this Agreement at any time upon at least thirty (30) days' prior written notice to the County. 6. Removal, Restoration. Upon the termination offts Agreement, upon the County's written request, FPL shall remove the Encroachment and restore the Encroachment Area, normal wear and tear excepted. 7. Liability and Indemnification. The County shall in no way, be liable or responsible for any accident or damage that may occur in conjunction with any of the activities described in this Agreement, unless caused by the County's negligence or misconduct. FPL shall defend, hold harmless and indemnify the County with respect to any and all actions, causes of action, liabilities, losses, damages or expenses (including reasonable attorneys' fees) arising out of or relating to any negligence, intentional misconduct, breach of this Agreement or breach of applicable law by FPL Page 2 117 in conjunction with any of the activities described in Agreement, Wm caused by the County's negligence or misconduct; provided, however, in no event shall FPL be liable for any consequential, special, exemplary, punitive, indirect or incidental losses or damages. This section shall survive the termination of this Agreement with respect to any acts or omissions occurring prior to the date of termination. 8. Insurance BRadrements. FPL shall procure, maintain and provide evidence. of Commercial General Liability Insurance covering liability arising out of premises, operations, bodily injury, property damage, products and completed operation and liability under an insured contract (contractual liability), with limits of One Mission Dollars ($1,000,4(10) per occurrence and Two Million Dollars ($2,000;004) aggregate. The policy shall list the County as an additional insured and shall provide the County with at least 30 days written notice prior to cancellation or material change in coverage. FPL may meet the above insurance requirements by any combination of primary, excess or self-insurance. 9. Complete Agreement. This Agreement represents the complete and integrated agreement of the Parties with respect to the subject matter herein and supersedes all prior oral or written agreements. 10. Choice of Law. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Florida. The Parties agree to first attempt to settle any dispute arising out of or in connection with this Agreement by good faith negotiation. If the Parties are unable to resolve amicably any dispute arising out of or in connection with this Agreement, each shall have all remedies available at law or in equity. 11. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and assigns. 12. Counterparts. This Encroachment Agreement may be executed in counterparts, each of which when conformed shall be an original and all of which together shall constitute a single document. [Remainder ofpage intentionally left Nat* SV&m m pages and Acknowledgements follow] Page 3 118 IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date and year first above written. ATTEST: RYAN L. BUTLER CLERK & COMPTROLLER By: Deputy Clerk Signed and delivered in the presence of Witness Signature Print Witness Name Witness Signature Print Witness Name APPROVED AS TO FORM AND OF CI Mj By: William K. DeBraal,"County Attorney Page 4 INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: Its: Print Name: APPROVED AS TO TERMS AND DO CONDITIONS Department Director 119 WITNESSES: Sign: j0z -"IA-c,� Print: chef fa/cone Sign: G Alu fes. Print: M 14445 STATE OF FLORIDA COUNTY OF PALM BEACH FPL: Florida Power & Light Company, a Florida corporation Name: G c Title:All- ACKNOWLEDGMENT The foregoing instrument was acknowledged before me by means of �ysical presence or El online notarization, this 1' day of til ovj,,,b, i , 20„x, by ", j�, as die, ,,,t,,�,,a., , i of Florida Power &Light Company, a Florid corporation, on behalf of the corporation. [NOTARIAL SEAL] Notary: 61t� Print Naa,�.,; -'.0 e C-6 r r%t 1 r�:#HH Notary Public, State of Florida. 1* JENNIFENELI My commission expires: �U ,n 4. � 2s ' Notary Public of Florida Commission13!034©1Fersonally Known OR ❑Produced Identification ,:My Comm. Expun 4, 2025 T e of Identification Produced Bcrded through Natiotary Assn, Type Page 5 120 Exhibit A Encroachment Area Page 6 121 LEGAL DESCRIPTION: A PORTION OF 26TH COURT SOUTHWEST ALSO KNOWN AS TENNESSEE AVENUE (A 70.00 FOOT WIDE PUBLIC RIGHT-OF-WAY PER OSLO PARK UNIT NUMBER 7 AS RECORDED IN PLAT BOOK 4, PAGE 28 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA), BEING WITHIN THE SOUTHWEST 1/4 OF SEC77ON 26, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PAR77CULARLY DESCRIBED AS FOLLOWS. - COMMENCE AT THE NORTHEAST CORNER OF LOT 1, BLOCK B, OSLO PARK UNIT NUMBER 7, ACCORDING TO SAID PLAT BOOK 4, PAGE 28, THENCE RUN ALONG THE EAST LINE OF SAID BLOCK B, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF SAID 26TH COURT SOUTHWEST (TENNESSEE AVENUE) S00 03'11 "W FOR 427.33 FEET TO THE POINT OF BEGINNING; THENCE COIV77NUE ALONG SAID RIGHT OF WAY LINE S0003'11"W FOR 172.67 FEET TO THE SOUTHEAST CORNER OF LOT 13, BLOCK B, BEING A POINT ON THE NORTH RIGHT-OF-WAY LINE OF 15TH STREET SOUTHWEST ALSO KNOWN AS SHAMROCK LANE (A 35.00 FOOT WIDE PUBLIC RIGHT-OF-WAY PER SAID PLAT BOOK 4, PAGE 28); THENCE DEPARTING SAID WEST RIGHT-OF-WAY LINE RUN 589 4856"E FOR 4.39 FEET; THENCE RUN ALONG A LINE PARALLEL TO AND 4.39 FEET EASTERLY OF SAID WEST RIGHT-OF-WAY LINE NO0103'11'E FOR 172.67 FEET,• THENCE RUN N89 4856 "W FOR 4.39 FEET TO THE POINT OF BEGINNING. CONTAINING 758 SQUARE FEET (0.017 ACRES) MORE OR LESS LEGEND. �, — LINE BREAK PC POINT OF CURVATURE PRC POINT OF REVERSE CURB PCC POINT OF COMPOUND CU PNT POINT OF NON-TANGENC PT POINT OF TANGENCY R/W RIGHT OF WAY B OFFICIAL RECORDS BOOK SHEET INDEX SHEET 1: VICINITY MAP, NOTES, LEGAL DESCRIPTION SHEET 2: SKETCH OF DESCRIP77ON SKETCH NOTES.• 1. BEARINGS SHOWN HEREON ARE BASED PLANE COORDINA TE SYSTEM, EAST ADJUSTMENT), DERIVING A BEARING OF EAST LINE OF BLOCK B, OSLO PARK BOOK 4, PAGE 28. 13TH ST SW N 3 0 F, C N N N N N SITE 15TH ST SW VICINITY MAP (NOT TO SCALE) ON THE FLORIDA STA 7E ZONE, NAD 83 (2011 500 03'11 "W ALONG THE UNIT NO. 7 PER PLAT 0 � *SE N114' o�:" 7151 F� = a " STATE OF FLORIDA as °407Surveyot u� "I,, ....Il0`` 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR t, RIGHTS-OF-WAY, EASEMENTS, OWNERSHIP, ADJOINERS OR Timothy A. Digitally signed by Timothy A. Terranova OTHER INSTRUMENTS OF RECORD. Terranova Date: 2023.120815:04:47-05'W 12/08/23 J. THIS SKETCH MEETS THE APPLICABLE "STANDARDS OF TIMOTHY A. TERRA NOVA DATE PRACTICE" AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYOR &MAPPER LICENSE NUMBER LS 7151 PROFESSIONAL SURVEYORS AND MAPPERS IN RULE NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A 5J17.050-.052, FLORIDA ADMINISTRATIVE CODE. FLCRIDA LICENSED SURVEYOR AND MAPPER 4. THIS IS NOT A BOUNDARY SURVEY. (SEE SHEET 2 FOR SKETCH OF DESCRIPTION) SKETCH OF DESCRIPTION ONLY. THIS IS NOT A SURVEY. SHEET 1 OF 2 SKETCH OF DESCRIPTION OF SGC ENGINEERING, LLC FENCE ENCROACHMENT SURVEY AND MAPPING AGREEMENT 1001 TOWN PLAZA COURT, SUITE 1032 LOCATED IN WINTER SPRINGS, FLORIDA 32708 SECDON 26, 70GC WNSW J3 SOUTH, RANG£ 39 EAST INDIAN RIVER COUNTY, FLORIDA PHONE: (800) 581-4031 PREPARED FOR: WWW.SGCSURVEY.COM FLORIDA POWER & LIGHT COMPANYLB 7979 DATE: 12/08/23 SCALE: 1" - 40 DRAWN: SAS CHECK: TAT 122 POINT OF LINE COMMENCEMENT LENGTH NE CORNER OF LOT 1, BLOCK B S89 4856 E PER PLAT BOOK 4, PAGE 28 L2 NOR THING.- 1179670.14' 4.39' FASTING: 846106.21' Q v PARCEL ID - 33392600006000200008.0 N Z N LOT 8 3 m POINT OF BEGING INN BEGINNING--,_4 NORTHING: 1179242.81' I LOT 9 EASTING.• 84610781' i E LINE OF BLOCK B AND — - - - - - - -WEST R/W LINE OF 26TH COURT SW LOT 10 OSLO PARK UNIT NO. 7 W a W PB 4, PG 28 w BLOCK B W a PARCEL ID - 33392600006000200009.0 N i r N LOT 11 i LOT 12 i LOT 13 GC 1 i NORTH R/W LINE OF I( 15TH STREET SW 0 20 40 15TH STREET SW SHAMROCK LANE (P) (35.00' WOE R/W PER I INCH = 40 FEET P8 4, PG 28) SKETCH OF DESCRIPTION ONLY. SKETCH OF DESCRIPTION OF FENCE ENCROACHMENT AGREEMENT LOCATED IN SECTION 26, TOKNSWIP 33 SOUTH, RANGE 39 EAST INDIAN RIVER COUNTY, FLORIDA PREPARED FOR: FLORIDA POWER & LIGHT COMPANY 4.39' C' O O LINE TABLE LINE BEARING LENGTH Ll S89 4856 E 4.39' L2 N89'48'56"W 4.39' FENCE ENCROACHMENT AGREEMENT AREA (±0.017 AC OR 758 SF) — '-Ll SE CORNER OF LOT 13, BLOCK B, PB 4, PG 28 (SEE SHEET 1 FOR LEGAL DESCRIPTION) THIS IS NOT A SURVEY. SHEET 2 OF 2 SGC ENGINEERING, LLC SURVEY AND MAPPING 1001 TOWN PLAZA COURT, SUITE 1032 WINTER SPRINGS, FLORIDA 32708 SGC PHONE: (800) 581-4031 WWW.SGCSURVEY.COM LB 7979 DATE: 12/08/23 SCALE: 1" = 40' DRAWN: SAS CHECK: TAT 123 _ Q v Q Woa Z N FENCE ENCROACHMENT AGREEMENT AREA (±0.017 AC OR 758 SF) — '-Ll SE CORNER OF LOT 13, BLOCK B, PB 4, PG 28 (SEE SHEET 1 FOR LEGAL DESCRIPTION) THIS IS NOT A SURVEY. SHEET 2 OF 2 SGC ENGINEERING, LLC SURVEY AND MAPPING 1001 TOWN PLAZA COURT, SUITE 1032 WINTER SPRINGS, FLORIDA 32708 SGC PHONE: (800) 581-4031 WWW.SGCSURVEY.COM LB 7979 DATE: 12/08/23 SCALE: 1" = 40' DRAWN: SAS CHECK: TAT 123 'L INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 16, 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: Approval of Continuing Geotechnical Engineering Consulting Services Agreements BACKGROUND: On October 31, 2023, the Board approved the final ranking of consultants in response to RFQ 2023o61, and authorized staff to enter negotiations with six professional geotechnical engineering firms to enter into continuing agreements. DISCUSSION: Individual work orders will be issued under the agreement, most often with a lump sum, not to exceed cost. In order to establish foundational pricing for the agreement, Staff requested standard hourly rates from each firm, which will be effective for the initial two-year term of award. Staff has received acceptable hourly rates from three firms, which will be attached as Exhibit 1 of the appropriate firm's final agreement. Negotiations with the remaining three firms are ongoing. 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. Staff recommends the Board approve the sample agreement and the hourly rates attached for the listed firms, and authorize the Chairman to execute the agreements after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Sample Agreement Exhibit 1 Rate Schedules for Andersen Andre Consulting Engineers, Inc., Ardaman & Associates, Inc., and GFA International, Inc. dba Universal Engineering Sciences. 124 CONTRACT AGREEMENT FOR CONTINUING GEOTECHNICAL ENGINEERING CONSULTING SERVICES 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: In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY selected CONSULTANT to provide professional geotechnical engineering consulting services ("Services"), based on statement of qualifications received in response to Request for Qualifications 2023o6i. That the COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional consulting engineering services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The CONSULTANT shall provide the COUNTY with geotechnical consulting services and such other related services as defined in specific Work Orders. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: �. GENERAL 1.1 Professional services shall be identified in individual Work Orders prepared by the COUNTY. Work Orders will be executed by the Board of County Commissioners, County Administrator, or the Purchasing Manager, as authorized. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Work Order which would increase or decrease cost, or which are otherwise outside the scope of Services or level of effort contemplated by the Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY, as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A 2023o6i Agreement -1 125 separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1, attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the term of the Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2023o6i Agreement - 2 126 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub -consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub -consultants to comply by contract with the provisions of this section. 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, and 2023o6i Agreement - 3 127 communication. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of the work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement or Work Order to the County Project Manager upon request, and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, are and shall remain the property of the COUNTY. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, and upon final payment all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the CONSULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. 2023061 Agreement - 4 128 Reuse of any document or drawing shall be at the COUNTY's own risk. 3.17 CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants, as instructed in Section 448.095 F.S., as amended. 3.18 The CONSULTANT shall not be held liable for any modifications made to the documents by others. 3.19 Where services hereunder include preparation of drawings and other contract documents by CONSULTANT and where, notwithstanding acceptance and approval by the COUNTY thereof, in the opinion of the COUNTY, drawings and other contract documents so prepared are found during the course of construction to require modification due to the oversight, inadvertence or negligent omissions of, errors by, or lack of detail provided by CONSULTANT, such modifications must be made by CONSULTANT without additional compensation. Where such contract documents are used in letting a contract for construction, CONSULTANT will assume responsibility for any direct or actual damages suffered or incurred by the COUNTY, including, but not limited to, any increase in compensation due to a construction contractor, which increase is directly attributable to the required changes in the Drawings or other contract documents to the extent caused by CONSULTANT's negligent acts, omissions, or errors. 4. TERM; DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof, or until completion of all project phases as defined by the COUNTY, whichever occurs later, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 9 "Termination", This Agreement may be extended for two additional two (2) year term, at the discretion of the County. 5. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Invoices, phased per work order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.o61, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 2023o6i Agreement - 5 129 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The CONSULTANT shall resume its Services upon the date specified, or upon such other date as the COUNTY may thereafter specify in writing. Where the COUNTY has suspended the Services under this Agreement for a period in excess of six (6) months, the compensation of CONSULTANT for such suspended Services may be subject to modification. The period during which the Services are stopped by the COUNTY shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 7. OWNERSHIP AND REUSE OF DOCUMENTS 7.1 Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. 7.2 Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse by others. 8. INSURANCE AND INDEMNIFICATION 8.1 During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. 8.2 CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. The cost of such insurance shall be included in the CONSULTANT's fees. 2023o6i Agreement - 6 130 8.3 Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $1oo,000 each accident, $5oo,000 disease policy limit, and $1oo,000 disease each employee. B. General Liability $1,000,000 combined single limit per accident for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a $500,000 per claim/annual aggregate. This insurance shall extend coverage to loss of interest, earning, profit, use and business interruption, cost of replacement power, and other special, indirect, and consequential damages. 8.4 CONSULTANT's insurance coverage shall be primary. 8.5 All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be licensed to do business in Florida. 8.6 The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 8.7 The insurance companies chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 8.8 CONSULTANT shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 3o days notice to the Risk Management Department, of cancellation and/or nonrenewal. 8.9 The CONSULTANT shall ensure all subconsultants to maintain the insurance as detailed herein. 8.10 Any deductibles or self-insured retentions greater than $1oo,000 must be approved by the Risk Manager for Indian River County, with the ultimate responsibility for same going to the CONSULTANT. 8.11 The Consultant shall indemnify and hold harmless the County and its commissioners, officers, employees and agents, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract. 9. TERMINATION 9.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (30) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (3o) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 9.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the 2023o6i Agreement - 7 131 CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 9.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 9.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 9.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents first prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 9.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 9.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9.8 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9.9 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. io. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES 10.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT's other customers, for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The COUNTY shall exercise its rights under this "Certificate" within one (1) year following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 2023o6i Agreement - 8 132 10.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ii. MISCELLANEOUS PROVISIONS 11.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 11.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 11.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 11.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either 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. 11.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 11.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners 2023o6i Agreement - 9 133 of Indian River County. 11.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 11.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 11.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 11.10 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 11.11 Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTAN'T'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecordsMrcgov.com 2023o6i Agreement -10 134 Indian River County Office of the County Attorney 18ol 27th Street Vero Beach, FL 3296o C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 11.12 FLORIDA STATUTE 558 PURSUANT TO FLORIDA STATUTE § 558.035 AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 12. FEDERAL CLAUSES For any work requested that will be paid for in part or whole by federal funds, the following terms will apply: A. Contract Work Hours and Safety Standards: (1) The CONSULTANT or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the CONSULTANT or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the CONSULTANT or subcontractor will permit such representatives to interview employees during working hours on the job. B. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 18o and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935)• (2) The CONSULTANT must comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the CONSULTANT did not comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms who apply or bid for an award of $1oo,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 2023o6i Agreement - ii 135 with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired—(i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg- program. (3) The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit CONSULTANTS from providing— (i) A service that connects to the facilities of a third -parry, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.(2) The CONSULTANT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; 2023o6i Agreement - 12 136 the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the CONSULTANT shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. G. Access to Records: The following access to records requirements apply to this contract: (i) The CONSULTANT agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to documents pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the CONSULTANT acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H.DHS Seal, Logo, and Flags: The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The CONSULTANT shall include this provision in any subcontracts. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The CONSULTANT will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. Affirmative Steps: If subcontracts are to be let, the prime CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority 2023o6i Agreement -13 137 businesses, women's business enterprises, and labor surplus area firms are used when possible. M. License and Delivery of Works Subject to Copyright and Data Rights: The CONSULTANT grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONSULTANT will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the CONSULTANT will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: INDIAN RIVER COUNTY By its Board of County Commissioners By Name Title Date Witness: By Printed Name By Susan Adams, Chairman Date Approved by BCC: Attest: Ryan L. Butler, Clerk of Court And Comptroller By Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney 2023o6i Agreement -14 138 Exhibit 1 — Rate Schedule 2023o6i Agreement -15 139 WORK ORDER TEMPLATE (BCC Approved) This Work Order Number _ is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on the Scope of Work, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit 1 (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in the Scope of Work, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney 2023o6i Agreement - 16 140 WORK ORDER TEMPLATE (BCC APPROVAL NOT REQUIRED) This Work Order Number _ is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated , ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on the Scope of Work, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit 1 (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in the Scope of Work, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney Purchasing Approval: Department Head Approval: For work under $35,000 only GL# 2023o6i Agreement -17 141 EXHIBIT 1 - RATE SCHEDULE ANOMEN AI M E CioNSULTING ENGREERS, INC. Constwljgn Matedals Testing Pm. (M 807-9191 Contact: DaM'Andre,.P4 dandre@aaceinc.com ANDERSEN ANDRE CONSUL'TTNG ENGINEERS, INC, FEE SCHEDULE (EFFECTIVE 2023-2025) 0 CONSTRUCTION MATERIALS TESTING SERVICE e SOIL TESTING — FIELD Field Density Tests - minimum of four per trip (Nuclear Method — ASTM D-2922) ........ , . , , ...... . . - $27.00/test Engineering Technician Tune Penetrometer Tests Standby Time ... ................. ,. .. $68.00/hr, Inspection and Monitoring Fill Placement... • ... $68.00/hr. Monitoring Muck Excavation & Backfill, , , , • • , , , - $68.001'1,u.......... $68.00/hr. SOIL TESTING — LAB 0 FIAT p RY Modified Proctor — ASTM D 1557 , ......... . Standard Proctor — ASTM D.,69S , .. • . , .. • • $95:00/ea. Florida Bearing Value (FBV) — FM -5-5J7. • X95.00/ea. T:imerock Bearing Ratio (LBR) — FM -5-515. ... a • MOO/ea. Proctor/LBR/FBV Sample Pickup ... P P Not Sc1d 9�ith Other Work) $68:00/hr Moisture Content — ASTM D-2216 .. , ..... ........ $22.00/ea. Organic Content — ASTM D-2974. ..... , , $40:00/ea. Carbonate Content — FM -5-5:14 .. • • • . Atterberg Limits - ASTM D-4318 ........ ....... $70,00/ea. . . $98.00/ea. Corrosion Series Testing - (pH, sulfate, chloride, resistivity)................... .... $210.00/ea. Soil Particle Size Analysis (ASTM D-422) Dry Sieve Analysis —1 inch to No. 200............................. Washed Sieve Analysis —1 inch to No. 200 ............ , . Washed Sieve Analysis — No. 200 only . i ... Hydrometer Analysis — Passing No, 200.. ... ... ....... .$60;�/ea. .00/ea. Road Base Particle Size Analysis Sample Preparation ......................... ..... $45.00/ea. Washed sieve analysis ................................................ $105:00/ea. Laboratory Permeability Testing of Soil (ASTM D-2434) Constant Head or Falling Head ....................................... $205.00/#est Specific Gravity of Rock/Cores (ASTM D: 854) ................................ $135.00/test L.A. Abrasion of Rock/Aggregate (ASTM C535) ............................... $325 001test ersen dre Consulting Englneers, nc. 83 wan venue, ort t. ucie, L 34983 • Ph (772) 807-9191 • www.aaceinc.com *Contact: David Andre, PX. dandre(a'aaceinc.com Page 1 of 5 142.: AACE 2023.2025 FaSchedule CONCRETE SAWPLINGAND TBS77NG-(Ia ias Rive rCaxx Compressive Strength Samples of normal weight concrete (ASTM C-31) .... , ..:.. $100.00/set Indudes: sampling (ASTM C-172), S1 'UM(ASTM C-1.43) Temperature (ASTM C-1064), Molding (ASTM C-31) Curing & Testing (ASTM C-39) for 1 Set of Four Test Cis Additional cylinders (more than 4 per set) .. ... ..00/cyl. Additional slump tests (more than 1 per set) ...... ......... x.00/ea. Compressive strength of CMU grout Samples (ASTM C-1019):. ...... $100.00/set Includes, Slump if requested, Temperature and Mom 1 Set of Four prisms Technician Standby time clue to construction delays in excess of 1.0 hour per set of cylinders/prisms . .................... $68.00/hr. Sample pick-up if'not scheduled with other work ................................. $68:00/set Curing and strength testing of concrete samples ROX.our laboratory (ASTM :C-39):... $25.00/cyl. Continuous monitoring of concrete placement .......... ....................... $6800/Im Air Content by Volumetric Method (ASTM C-173)........................ , ...... $406W/test Air Content by pressure Method (A C-231) ........ ........ . $50M, /test Unit Weight and Yield (ASTM C-138) ........... .............................. $50.00/ea. Fineness Mod .. .................. ......... , . ..................... $6500/ea. Concrete blocks (ASTM C-140) Strength tests (gross area basis) ....... , .:................. , . ......... $53 /block Strength tests (net area basis) . .......... $85.,00/block Absorption .............. ....... $50.00/block Masonry Mortar — 2" x 2" cubes molded at site (3 per: set) ........ .... ........ $100.00/set SAMPUNG AND TESTING OF'IN-PLACE CONCRETE Core samples Mobilization ......................... ............. ..... $120,00/day Technician time (2 man nevi►) ........ 4 .... .. .. .. . 568,00/man-ht. Core machine,........ ..... ............... . .... ... $175.00/day Generator (if required) .......... Diamond bit wear - per inch diameter per inch length SO+ . /jn/isi Sample preparation (Measuring, Trimming & Cappings ........ WA/cove Compressive Strength tests .. ....... . .. . .. . .......... .. ..USM/Com Andersen Andre Consulting Engineers, Inc. • 834 SW Swan Avenue, Pon St. Lucie, FL 34983 0 Ph. (772) 807-9191 • www.aaceinc.com *Contact: David Andre, P.E. dandre(uaaceinc.com Page 2 or 5 143 AACE 2023-21125 gee Schedule Swiss Hammer Equipment Fee..... ... U&00/day Seniot Technician time.... ..... ....... .. , .. $75.00/hr, Windsor probe Equipment Fee...... .. . $150.00/day Charges per set of 3 shoats .. . . s , ......... .... $75.00/set Staff Engineer/ Senior Technician Field t ................................ $85.,00/hr, Rebar Location R -Meter ..................... ....................... $85.00/day Technician time ........ • .......... . .. ..... . . ............ $75;00/hr. ASPHALT FIELD INSPECTION, SAMI UNG AND LAB 0R.47`0 RY TESTING Pavement Cores for thickness verifica0cm, base thickness & subbasedescription iption Mobilization ...................... .. .......... .................. $123.00/day Core Machine .................... .. ........... .. , . ....... X175.1)0/day Generator ............ .. .. ... $75.00/day Technician time (2 man crew) ................... : .......... . /than -hr. Diamond bit wear - per inch diameter per inch of &-jkh....................... .40/a a/ Flag men and barricades if needed for safety and hCO. T.... Laboratory Testing Services Unit weight of cores ...... . .. .. ... ...... . ........... $40.00/cote Marshall Stability & Flow.......... . ............ $210.00 Extraction and gradation tests ....... ................................ $225.00 Field and Plant Inspection Services Senior Engineering Technician (CTAP Cettifted Plant Inspecam) ............... $90.00/hr. Senior Engineering Technician (CTAP Certified Paving Inspector) ............... $80.00/hr. STRUCTURAL STEEL Bolted connections Torque Drench. .............................. ....................... $100.09/dad' Pxoject Engineer .....................................................$105.00/hr. Sr. Engineering Technician ..... .......... $86.00/hr. Field inspection of steel reinforcement placement Senior Projecteer (PIL) ... ..... 1135.00/lar. Project Et, CrE.� . .... ...... Staff Engineer.......: ...... , . i3/hr. "U Senior Engineering Technician ..... .. ... ............... WAAL Engineering Technician ....................... . ................ , .. W-00/ht TRAVEL CHARGES Charges to be determined per job - mast jobs are billed portal to portal SUBCONTRACTING SER14C;ES Cost plus 150/0 Andersen Andre Consulting Engineers, Inc. • 834 SW Swan Avenue, Port St. Lucie, FL 34983 • Ph. (772) 807-9191 • www.aaceinc.com *Contact: David Andre, P.E. dandreAaaceinc.com Page 3 of 5 144 RACE 202M025 Fee Schedule ©VERTIME ANIS HOUDAY Overtime rates will apply to all work scheduled or completed on weekends and holidays and prior to 7:00 AM and after 5:00 PM on weekdays. Weekdays prior to or after normal working hours ..................... 1.11':x. normal rate Weekends ..................................................... 1.$0 * normal rate Holidays...................................................... 2-M x. normal rate SUBSURFACE EXPLORATION SERVICES 0 Mobilization & demobilization of drilling crew and equip ............................. $350.00 Layout of boring locations, and coordination of underground utility locating........... $85.00./hr Standard Penetration' Test (SPT) borings (ASTM D -15M m soil N=values less than 50): • From surface to depths of 25 feet—; ........... ::. .X16,00/foot • From 26 to 50 feet ............ .... .. 4,17.00/foot • From 51 to 75 feet .... .......... I ........ , . $20.00000t • From 76 to 100 feet ........ , ............................ ..... , . $24.00/foot Additional charge for SPT in high resistance sail/rock (N -values greater than 50) ............................................ $6.00/foot Continuous SPT testing and sampling ...................................... $28.00/sample Other subsurface sampling and testing methods: Auger borings (ASTM D-1452) .. .. ............................... .. $12.00/foot Muck probings .................... ......................... WO00/technician/day Wash borims(c1u im only), Soil....... ............................... ............................... $11.00/'foot Rock ...................... ............. .....................$14.0(1/foot Undisturbed sa=liw Shelby tube. ... .......................... ......... $15.00/sample Fixed piston .................................... ..... ...... $150.00/sample Dutch Cone Soundings .................. ................. ......... . ... varies Piezocone Soundings .... .............. _ ... ........... ....... varies Other Charges: Standby time (per crew hour) ...................................... I ....... $145.00/hour Borehole grouting and sealing ...... .............. ...... $145.00/hour plus materials Furnish, install and remove casing ........ $12.00/foot Lodging and per diem (crew-man/clay)...... . , .. $200.00/day Mates................................................................. cost + 20%0 Andersen Andre Consulting Engineers, Inc. 0 SSW Swan Avenue, Pon St. Lucie, FL 34983 • Ph. (772) 807-9191 • www.aaceinc.corn *Contact; David Andre, P.E. dandre(a,aaceinc.eom Page 4 of 5 145 AACE 2023-2025 Fee Schedule Special D:rltitr� Barge drilling ........ , .................. . varies NQ wireline coring ...... ........ ... .....varies Drilling at depths in excess of 104 feet, : ............ ............. varies Large diameter boreholes ............. .. . , , ...... varies Groundwater Deg-th Measurements: Shallow Piezometers_ (Non-Enviroriment 0 to 10 feet ..... ............... ......... ; ......... 10 to 20 feet ...... . ... ......... . ............ , ., . ..')$?.00/foot Subsurface Permeabi]Zi Tem: SFWMD Exfiltration teat,........... 1 . . ........ . .. . ......... S425.00AW Borehole Permeability test. ...... .. .... .......... . .. . , 4425:00/test Double Ding ln£lttometer test .... ............ IM,00/test • ShTG lNi"V10ES • Inspection of construction procedures, data evaluation, engineering analyses, and report preparation Principal Engineer (PR) ........... ............ . $150.00/lm.. Senior Project Engineer (P.E.) .... ..... ...... . . ... $135.00/br. Project Engineer ................ ... . X105 00/hri Staff Engineer ...... . .. ...... ........ . , .. ..... Senior Transportation/Roadway Techniaiat► ............. ............. 0.g01b�t: Senior Et*neering Technician .... .. ... ....... ....... $68,00/bt. CAD Draftsman / Technical Secretary...... ........ ...... , ............ $55.00/hr. David P. Andre, P.E. Principal Engineer Andersen Andre Consulting Engineers, Inc. • 8 4 SW Swan Avenue, Port St. Lucie, FL 34983 • Ph. (772) 807-9191 a www.aaceinc.com *Contact: David Andre, P.E. dandrepaaceinc.com 146 Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultants EXHIBIT "'I ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY 460 NW Concourse Place, Unit 1 Port St. Lucie, Florida 34986 772-878-0072 (office) 772-878-0097 (fax) www.ardaman.com GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (Effective 12/3/23 through 12/2/25) COMPACTION TESTS In -Place Density Testing (ASTM D-6983 or D-2937, minimum 4 tests/trip)........................ ....... ::......................... $24.00/test Standard (ASTM D-698) or Modified Proctor (ASTM D-1557).........................:................................................... $103.00/test Limerock Bearing Ratio (minimum 3 points) .................. ..................................................................................... $318.00/test CONCRETE SAMPLING AND TESTING Cylinder samples (up to 4 cylinders per set): molding curing, and strength testing (ASTM C-31 and C-39). Cylinders shall be left in a place provided by the Contractor, covered with plastic caps and attempts made to provide shade thereon. If temperature of the air is critical to first 24 hours (during field curing), equipment to maintain such controls shall be provided byothers............................................................. .......... .......................................... :............................................. $100.001set Additional cylinders .................................... ...... ..................................................................:::.::..:.:................$17.00/cylinder Engineering technician standby time and transporting cylinders from site to office ...................:....:....::....:...hourly tech rate Curing and strength testing samples delivered to our laboratory (ASTM C-39).............................................$17.00/cylinder Slump tests (ASTM C-143) ............. ................................................................................. ,,....................... ....:::.... $18.00/test Air Entrainment (ASTM C-173).......:....:.....:.:......:.....:..:.........::.................:...................................:.......I ............ $33.00/test Unit weight..........................................................::......................::.::...................................::.............................. $38.00/test Grout Prisms 31set (blocks supplied by others) ... :.................... ,........... ........................................... ::..:......,...... ... $100.00/set Marsh Funnel Viscosity...........:....................................:.......................................... .......a...... . ............................... $98.00/test Swiss Hammer Mobilization of equipment............................................................ ....... ....................................... ......................... $98.00/trip Technician lime .................................. ..... ............................................................................... .:.:............. hourly tech rate Corina and testing of cored samples: Engineering technician time (two technicians may be required)........................::.................................... hourly tech rate Mobilization of coring equipment (with power supplied) ............................................. .................................... $170.00/trip Mobilization of coring equipment (without power supplied) .................. :.... .......................... ,..:;........... ........... $115.00/trip Trimming, capping and strength test (ASTM C-42)...................::........................:...........::.::..:....:.:................ $51.00/core Depth Measurement..............................................................................::.......................................::............. $17.00/core ASPHALT: FIELD INSPECTION, SAMPLING AND LABORATORY TESTING Fieldsampling of asphalt.............................................................................................................................. hourly tech rate Corina: Mobilization of coring equipment (with power supplied).......................::............:...............:...:..::.:.:.:........::.. $170.00/trip Mobilization of coring equipment (without power supplied)...................................................................:....... $115.00/trip Marshall Stability and Flow Test (Includes pill densities).........:..................................:..............................:....... $120.00/test Extraction and gradation tests (sampled hot) ..... .................................. ..:.:......................................................... $149.00/test Extraction and gradation tests (sampled from pavement) ....... ......... .................................................................... $185.00/test Densitytests ................................ .............................................................................. ................................ :........ ... $29.00/test Depth measurements...................:...........................:....:....:.::.............................:....................................I............ $18.00/test CLASSIFICATION TESTS Moisture Content (ASTM D-2216) ................................................. ...................................................... ................. $18.00/test Organic Content...............::................................................................................::.......................................;:......:. $34.00/test Unit Weight/Classification (Undisturbed Sample) .................................................... ........................................ :.:... $53.00/test Sieve Analysis (ASTM D-421, D-422) ....................................... ... ..: .. - ....: ....... ..... ................ ........... ....................... $72.00/test Percent Fines (ASTM D -1140) ........................................................ ......................................... .......................... $39.00/test Hydrometer Analysis (ASTM D-422) ....................:......................:.:....::...:...:........................................................ $98.00/test 460 NW Concourse Place, Unit 1 Port St. Lucie, Florida 34986 772-878-0072 (office) 772-878-0097 (fax) Pa944675 Ardaman & Associates, Inc. 460 NW Concourse Place, Unit 1 Geotechnical, Environmental and Port St. Lucie, Florida 34986 Materials Consultants 772-878-0072 (office) 772.878-0097 (fax) EXHIBIT "'I" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (Effective 12/3/23 through 12/2/25) CLASSIFICATION TESTS (continued) Atterberg Limits (ASTM D-4318) $14.00/test Plasticity Index Less than 150%..................................................................................................................... $119.00/test Plasticity Index Greater than 150%.........................................................................:........................................ $91.00/1est CONSOLIDATION TESTS $57.00/test Incremental Consolidation Test (ASTM D-2435) Up to Ten Load -Unload Increments.........................................................................:...................................... $504.00/test More than Ten Load -Unload Increments.. .....................................................I.........................................,.$57.00/increment $207.00/test Constant Rate of Strain Consolidation Test (ASTM D-4186) ................. ............................................. .................. $615.00/test PERMEABILITY TESTS Consolidated -Undrained (with pore pressure measurement).......................................................................... Permeability Test on Sand.................................................................................................................................$170.00/test Consolidated -Drained on Sands ............................................. ....... ................ "...... .....:....................................$355.00/test Permeability Test on Fine Grained Soil Consolidated -Drained on Fine Grained Soils..........:...........::....................................................................:..... k>l o-scm/sec............................................................................................:........................::....:;.................... $250.00/test k <l o•8cm/sec...................................................................................................................................:............ $388.00/test Test Duration Greater than 7 days............................................................................................................. $22.00/increment STRENGTH TESTS Strength Index Tests (Torvane, Penetrometer, etc.) .......................... I.................................................................. $14.00/test Vane Shear Test................................................:.............................:.....................................:....::.......................$25.00/test Unconfined Compression Test (ASTM 0-2166) StrengthOnly.................................................................................................................................................... $57.00/test With Stress -Strain Curve...................................................................................................................................$98.00/test Triaxial Tests: Unconsolidated -Undrained (ASTM 0-2850)............................................................................:........................ $207.00/test Unconsolidated -Undrained (with pore pressure response) ...... :......................................................................... $472.00/test Consolidated -Undrained (with pore pressure measurement).......................................................................... $472.00/test Consolidated -Drained on Sands ............................................. ....... ................ "...... .....:....................................$355.00/test Consolidated -Drained on Fine Grained Soils..........:...........::....................................................................:..... $530.00/test Direct Shear Tests (Coarse Grained Soils) Conventional 2.3" Box Shear.......................................................................................................................... $255.00/test With Stress Reversals.........................................................................................................................:..........$377.00/test CHEMICAL TESTS pH..............................:...................................................................................................................:..:..:.........:..... $17.00/test Specific Conductance.:........................................................................................................................................ $14.00/test . Fluoride .............. ....................... ................................................................................................................:........ $25.00/test Sulfate ..., . ....................... ..............................................:....................: .. ... $48.00/test Chloride..............................................................................................................................................:................$48.00/test Soil pH .....................................................................................I.I. . .: ....... $29.00/test ..................... ....... .............. Soil Specific Conductance ............................... .................................................................................................... $48.00/test SoilResistivity (ASTM G-57) ................................... ::................................................................................. ............. $48.00/test Carbonate Content ...........................................................................:.................................. ............... $77.00/test Corrosion Series (pH, sulfate, chloride and resistivity).................,.;...:.:..................................:....::.:................ $175.00/test CHEMICAL LABORATORY SUBCONSULTANT SERVICES Laboratory Analytical Testing Cost+ 15% 460 NW Concourse Place, Unit 1 Port St. Lucie, Florida 34986 772-878-0072 (office) 772-878-0097 (fax) PaggW Ardaman & Associates, Inc. 460 NW Concourse Place, Unit 1 Geotechnical, Environmental and Port St. Lucie, Florida 34986 Materials Consultants 772-878-0072 (office) 772-878-0097 (fax) ,wpppp .ardaman.com EXHIBIT "1" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (Effective 12/3/23 through 12/2/25) DRILL RIG MOBILIZATION AND DEMOBILIZATION Menand Equipment......................................................................::................................................................ $425.00/trip Portable Barge..............:...............................................................................................................$6,000.00 Minimum/trip STANDARD DRILLING from 26 feet to 50 feet . ................................... :............................ ;...................................... AugerBorings (4-inch)...........................................................................::..:.............................:...........................$1 1,50/foot Wash Borings - Cuttings Only (up to 3 inch) Soil drilling........................................................................................ $10.35/foot Rockdrilling.......................................................................................................:..:.......................................... $17.00/foot Standard Penetration Test (SPT) Borings Undisturbed Samples: (ASTM D-1586) in soil (N -values <50): Shelby Tube from surface to 25 feet.......................::...........::.................................................................::............................ $16.50/foot from 25 feet to 50 feet................................................................ ......................................................... ............. $17.75/foot from 50 feet to 100 feet................................................................................................................................... $18.60/foot from 100 feet to 125 feet.................................................................................................................................. $22.80/foot from 125 feet to 150 feet ....................... ........ ......... ......... ....:........ .....:... ..........:... ............... .... ............ ....... """ $28.70/foot Standard Penetration Test (SPT) Borings in high resistance soil/rock (N -values >50, in addition to SPT drilling rate) ....................................... :..::.... ............ $6.10/foot Furnish, Install, and Remove Casing (up to 4 -inch): from surface to 50 feet........................................................................................:............................................ $11.70/foot from50 feet to 100 feet............................................................................................................::..:................... $14.40/foot from 100 feet to 150 feet.............................................................. ............................................ ........................ $17.50/Foot Drilling (Time Basis)/2 man-crew...................................................................................................................... $286.00hour Drilling (Time Basis)/3 man-crew................................................................................................................:..... $395.00/hour Support Water Truck (Time Basis) ......................................... ::......................................................................... $286.000/day Rock Coring (Nor H size) from surface to 50 feet.....................................................................................................................................$33.00/foot from 50 feet to 100 feet..................................................................................................................................... $39.30/foot from 100 feet to 150 feet.................................................................................................................................. $45.60/foot FieldPermeability..................................................................::.......................................................................... $393.00/test Double Ring Infiltrometer Test (ASTM D-3385-75)............................................................................................. $557.00/test DRILL RIG SAMPLING Additional SPT Sampling: from 10 feet to 25 feet........................................................... ..$25.00/sample from 26 feet to 50 feet . ................................... :............................ ;...................................... $28.00/sample from 51 feet to 100 feet..................................................................:.:.................................:....:.....:..::.........$32.00/sample from 101 feet to 125 feet.............................................................................................................................$37.00/sample from 126 feet to 150 feet...........................................:......................................I......................................... $43.00/sample Undisturbed Samples: Shelby Tube $250.00/sample Fixed -Piston Shelby, Osterberg, Pitcher _ $393.00/sample DRILL RIG SOUNDINGS Piezocone Soundings ......... ........................ :...................................... ..: ............................................. ..................... $15.40/foot Muck Probing/Clay Sampling....................................................................:::................................................ hourly tech rate Cone/Piezoprobe Soundings (Time Basis)............................................................................................. ...........$286.00/hour Piezoprobe Dissipation Monitoring ...... .............................. ......... ..................... ....,................................... ::;..... $286.00/hour 460 NW Concourse Place, Unit 1 Port St. Lucie, Flodda 34986 772-878-0072 (office) 772-878-0097 (fax) Pag4495 Ardaman & Associates, Inc. 460 NW Concourse Place, Unit 1 Port St. Lucie, Florida 34986 Geotechnical, Environmental and 772-878-0072 (office) Materials Consultants 772-878-0097 (fax) www.ardaman.com ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (Effective 12/3/23 through 12/2/25) SPECIAL DRILLING/SOUNDING Prices for special drilling (barge drilling; air boat sampling; amphibious drilling: NQ wire line wring: large diameter borings; drilling in corrosive, contaminated or hazardous materials: drilling at great depths; installing large diameter temporary casing; etc.) field vane testing, and other specialized sampling or field tests will be determined per project. OTHER DRILL RIG CHARGES Disposable Teflon Bailer .......... ................................................................................................. Clearing Difficult Access, Hole Location and Set-Up.......................::.:.......................................:...................... $286.00/hour Standby Time (drillers)...................................................................................................................................... $286.00/hour Piezometer and Well Installation (plus materials).........................................................:................................... $286.00/hour Bore Hole Grouting and Sealing (plus materials) ........................... ... ..... $286.00/hour ................................... ........................ Materials.........................................................:................................................................................................... Cost+ 15% Barge Borings........................................................................................................................ Normal drilling rates times 1.5 ATVBorings... ............................................................................................................. i .......... Normal drilling rates times 1.5 INSTRUMENTATION Prices for installation of monitor wells, inclinometers and settlement devices and prices for performing field permeability and packer tests will be determined per project. ENVIRONMENTAL SITE ASSESSMENTS GENERAL FIELD EQUIPMENT: Phase I Environmental Site Assessments Generator.............................................................................:.......................:.................................................... $111.00/day .. Steam Cleaner..................................................................................................................................... .............. $111.00/day Surveying Equipment (Water Table Elevations) ......................................... :......................................................... $74.00/day PeristalticPurging Pump.....................................................................................................................,............... $56.00/day pH/Conductivity Meter......................................................................................................................................... $38.00/day TurbidityMeter .... ................................................................................................................................................. $62.00/day Water Level Indicator........................................................................................................................................... $28.00/day EXPENDABLE SUPPLIES: High Capacity (0.45 micron) Filter...................................................................... ...... $28.00/each ......................................... Disposable Teflon Bailer .......... ................................................................................................. ...::.,................. $23.00/each Disposable Polyethylene Bailer......................................................................................................................... $17.00/each Isopropyl Alcohol (decontamination).......................................................: ....................................................... .. $17.00/gallon Deionized Water (decontamination)................................................................................................................. $6.00/gallon 16 oz. Soil Jars (soil headspace analysis)............................................................................................................ $17.001box TygonTubing ..................................... ......................................:............................................................. $4.00/foot PolyethyleneTubing.............................................................................................................................. ..............$1.00/foot 55 -gallon Drum............................................................................................................................................-...$85.00/drum HEAVY EQUIPMENT: Vacuum Truck, Dump Truck, Crane, Excavator, Trackhoe, Backhoe, etc .......................................................... Cost + 15% ENVIRONMENTAL SITE ASSESSMENTS Phase I Environmental Site Assessments Tracts 50 acres or less (contiguous properties or per individual tract) ...............:.:..................................$2,100.00 Minimum Tracts between 51 and 500 acres (contiguous properties)............................................................:.......$2,500.00 Minimum Tracts greater than 500 acres...............................................................................................:..................... varies by project Phase II Environmental Site Assessments varies by project Analytical Laboratory testing for hazardous or petroleum contamination (soil, sediment and groundwater) ................................................. ................. :........................... cost + 15% 460 NW Concourse Place, Unit 1 Port St. Lucie, Florida 34986 772-878-0072 (office) 772-878-0097 (fax) Pagfm Ardaman & Associates, Inc. Geotechnical, Environmental and Materials Consultants EXHIBIT "'I" ARDAMAN & ASSOCIATES, INC. FEE SCHEDULE INDIAN RIVER COUNTY 460 NW Concourse Place, Unit 1 Port St. Lucie, Florida 34986 772-878-0072 (office) 772-878-0097 (fax) www.ardaman.com GEOTECHNICAL AND ENVIRONMENTAL ENGINEERING AND CONSTRUCTION MATERIALS TESTING SERVICES (Effective 12/3123 through 1212/25) REMEDIATION EQUIPMENT: Cost is based on type of equipment and duration of project. Cost to be determined on project by project basis. MONITORING WELL INSTALLATION Temporary 2 -inch PVC Wellpoint (Piezometer))............................................................ :..................................... $21.00/foot 2 -inch PVC.......................................................................................................................................................... $39.50/foot VAULT/PAD INTALLATION - MONITORING WELLS Well Size 2 -inch PVC...................................................................................................................................................... $313.00/well 4 -inch PVC...................................................................................................................................................... $425.00/well Above ground riser w/pad................................................................................................................................. $313.00/well DIRECT PUSH GROUNDWATER SAMPLING Direct Push Sampler (minimum 1 day) $1,700.00/day ENGINEERING (HOURLY RATES) Data Evaluation, Engineering Analysis, Design, Inspections, Field Monitoring, etc. Principal Engineer.......................................................................:.................................................................... $160.00/hour Senior Project Engineer (P.E. / Branch Manager)............................................................................................. $135.00/hour Project Engineer.:..........................................::............................:......................................................s............ $110.00/hour StaffEngineer....................................................... :.:................................................. ............................................... $98.00/hour CONSTRUCTION MONITORING AND FIELD TESTING (HOURLY RATES) Senior Field Technician $65.00/hour Field Technician ................................I ....... I ....... I ............... ............. ........ ......... ,.................. $58.001hour Senior Asphalt Plant Inspector .. ............... .. "............. ...,..,,........................................ ....$104.00/hour Certified Weld Inspector $110.00/hour Senior Steel Inspector .... .............................. ................... :..:.... ............................ .... $110.00/hour SUPPORT PERSONNEL (HOURLY RATES) Senior Technical Draftsman...............................:................................................................................... ............ $70.00/hour TechnicalDraftsman 1 ............................................................ ............................................................................... $60.00/hour Technical Secretary .........................:......................:........................................................................................... $58.00/hour OVERTIME AND HOLIDAY Charges will be increased 50% for work performed during weekends and official holidays. SUB -CONTRACTING SERVICES Cost Plus 15% Please call if you have any questions or require additional information. Sincerely, ARDAMAN & ASSOCIATES, INC. Jason P. Manning, P.E. Branch Manager 460 NW Concourse Place, Unit 1 Port St. Lucie, Florida 34986 772-878-0072 (office) 772-878-0097 (fax) PagE19M5 EXHIBIT 1 A Universal Engineering Sciences Company Geotechnical Engineering I Construction Materials Testing and Inspections Building Code Compliance I Environmental. Health & Safety I Facilities Consulting SCHEDULE OF FEES AND SERVICES Geotechnical Engineering and Construction Materials Testing December 3r1, 2023 - December 2nd, 2025 Note: The intent of the contract is to include all labor, materials, transportation, set-up, fuel, equipment, and other items necessary to complete the item of work. All items incidental to or necessary for the completion of the item shall be included in the price. I. SOIL TESTING 1. Field Density Test (Minimum of 5 per trip) $25.00test 2. Proctors (Modified and Standard) $100.00/test 3. Florida Bearing Value Test $50.00/test 4. Limerock Bearing Ratio Test $325.00/test 5. Atterberg Limit $80.00/test 6. Carbonate Content Test $80.00/test 7. Organic Content Test $50.00/test 8. Soil Observation (On Site) $70.00/hr 9. Natural Sample Moisture Content $40.00/test 10. Unit Weight and Moisture Content (Undisturbed Sample) . $40.00/test 11. D.O.T. Corrosivity $200.00/test 12. Mixer Uniformity Testing $550.00/test 13. Intellirock Hand Held Reader $550.00/project 14. Intellirock Thermistors $100.00/test 15. Soil -Classification Tests for Embankment/Select Fill $150.00/test 16. Relative Density Test (ASTM D4253, D4254) $500.00/test 17. Carbonates $65.00/test II. CONCRETE & MASONRY MATERIALS 1. Concrete Compression test (Min four [4] cylinders per trip); -Prepare cylinders & slump test on site, $125.00/set 2. Additional Concrete cylinders $20.00/cyl. 3. Concrete Compression test only [delivered to lab] $20.00/cyl_ 4. Slump test $20.00/test 5. Air Content Test $25.00/test 6. Stand-by and Onsite Technician Time $70.00/hr. 7. Grout Prism (Six [4] per set) - Includes preparation of Prism on site $125.00/set 8. 2" x 2" Mortar Cubes (Six [6] per set) -Includes preparation of Cubes on site $125.00/set 9. Additional Mortar cubes $20.00/each 10. Masonry Units A. Compressive Strength $50.00/unit B. Absorption $25.00/unit 11. Concrete Cores (Min. 3 ); - Secure, trim & test $150.00/core - Testing of core [delivered to lab (Incl. Trim)] $50.00/core - Mobilization $200.00/each 12. Swiss Hammer Testing $75.00/hour (2 hr. minimum) 13. Windsor Probe Test (Min. 3 shots $250.00/test 152 14. Additional Windsor Probe Tests $100.00/test III. AGGREGATE TESTING -Mobilization 1. Grain size determination: Asphalt Extraction & Gradation $250.00/test A. Full grain size (8 sieves) $100.00/test $25.00/test B. Wash through (#200) $60.00/test 2. Sieve Analysis - Coarse Aggregate $100.00/test 3. Specific Gravity & Absorption of Fine or Coarse Aggregate $95.00/test 4. LA Abrasion $350.00/test 5. Sulfate Soundness $225.00/test 6. Freeze/Thaw Testing $350.00/test 7. Petrography $2,500.00/test 8. Concrete Inspection (on job -site or plant) $70.00/hour IV. ASPHALT TESTING 1. Asphalt Cores (obtaining core samples) $75.00/each -Mobilization $200.00/each 2. Asphalt Extraction & Gradation $250.00/test 3. Asphalt Density and Thickness $25.00/test 4. Marshall Stability (Incl. density, flow and stability of 3 specimens) (50 blows) $150.00/test 5. Asphalt density testing using nuclear gauge backscatter mode $23.00/each 6. Superpave Resolution Testing A. Gyratory Compaction, bulk specific gravity $250.00/test B. Rice Testing $150.00/test V. INSPECTION SERVICES 1. Concrete Inspection (on job -site or plant) $70.00/hour 2. Floor Flatness $500.00/trip 3. Vibration Monitoring Monthly $2500.00/month 4. Turbidity Monitoring $70.00/hour 5. NPDES Inspections $175.00/trip 6. Vibration Monitoring Daily 70.00/hour 7. Vibration monitoring Daily Rental $2000.00/day 8. Fireproofing Thickness and Density $95.00/hour 9. Fireproofing Density Testing $25.00/test 10. Paint/Intumescent Thickness Determination $95.001hour 11. Pile Driving Inspection $95.00/hour 12. Pre -Stress Yard Inspection $95.00/hour 13. Steel Inspection $95.00/hour 14. Threshold Inspection $95.00/hour 15. Asphalt Plant Inspections $85.00/hour 16. PDA (Pile Dynamic Testing Services) Monitoring $95.00/hour 17. Helical Pile Monitoring (staff engineer) $95.00/hour 18. Drill Shaft Logging / Inspection Services $85.00/hour 19. ACI Concrete Special Inspector $95.00/hour VI. FIELD EXPLORATIONS 1. Auger Borings $18.00/LF 2. Hand Augers $18.00/LF 3. Standard Penetration Tests - Truck Rig (0'- 50') $18.00/LF (min. $450.00/job) (51' - 100') $22.00/LF (min. $450.00/job) 153 4. Grout bore holes - A. (0' - 50') B. (61' -1W) 5. Static Cone Penetration Test (0'-100') 6. Casing A. 0'-50' B. 50'-100' 7. Muck Probing (4 hr min.) 8. Mobilization of drilling equipment to project (Min. Charge): 1. 50 mile travel 2. 100 mile travel 9. Foundation Analysis and Recommendation 10. Percolation test 11. Install Groundwater Monitoring Well 25' (Per PBCWUD Standards) 12. Plug and Abandon Monitoring Well, 25' $4.50/LF $5.50/LF $18.00/LF $8.00/ft $10.00/ft $95.00/hour $350.00/trip $400.00/trip $150.00/hour $4000.00/test $35.00/ft $150.00/hr VII. OVERTIME; 150% of rate OT would apply only if the County requests Services on Weekends, Holidays, or specifically requests field services to occur before or after normal work hours (e.g. 7:00 AM to 5:00 PM M -F) or requires services exceeding 8 hours in a given day). IX ANY ADDITIONAL TESTING OR SERVICES AS AUTHORIZED AND APPROVED BY THE OWNER, INDIAN RIVER COUNTY Quote provided upon request for additional services. X. ENGINEERING AND PROFESSIONAL SERVICES 1. Principal Engineer 2. Senior Geotechnical Engineer 3. Engineer, P.E. 4. Staff Engineer 5. Senior Engineering Technician 6. Engineering Technician 7. Drafter / CADD 8. Office Administrator $150.00/hour $150.00/hour $135.00/hour $95.00/hour. $75.00/hour $70.00/hour $85.00/hour $70.00/hour 154 Schedule of Services and Fees Environmental Services I. PROFESSIONAL SERVICES 1. Professional Geologist $140.00/hour 2. Principal Geologist $150.00/hour 3. Field Technician $85.00/hour 4. Asbestos Testing Call for Pricing 5. Phase 1 Environmental Site Assessment Call for Pricing 6. Phase 2 Environmental Site Assessment Call for Pricing Schedule of Services and Fees Infiltration & Duct Leakage Testing I. PROFESSIONAL SERVICES Blower Door Testing (500-3,500 sqft) $250.00/home Blower Door Testing (3,500-5,000 sgft) $300.00/home Blower Door Testing Above 5,OOOsgft Call for pricing Duct Leakage Tes -$75 in addition to the Blower Door Test for each A/C Unit ($50 non cancellation fee applicable to any service listed) Schedule of Services and Fees Environmental Health and Safety Services I. PERSONNEL Principal $175.00/hour Certified Industrial Hygienist (CIH) $150.00/hour Senior Associate / Department Manager $150.00/hour Senior Project Manager $140.00/hour Professional Engineer (PE) $150.00/hour Professional Geologist (PG) $140.00/hour Florida Licensed Asbestos Consultant $175.00/hour Florida Licensed Mold Inspector $ 85.00/hour Licensed Asbestos Inspector/Mgmt. Planner/Designer/Supervisor $ 95.00/hour Florida Licensed Radon Measurement Specialist $150.00/hour Project Scientist/Staff Professional $ 95.00/hour Geologist/ Engineer/ Scientist $ 95.00/hour Sr. Environmental Technician/Air Monitor $ 85.00/hour Environmental Technician $ 85.00/hour Draftsman / Cad Operator $ 85.00/hour Administrative/ Clerical $ 70.00/hour An overtime premium of 1.5 times the hourly rate will apply for services provided Monday through Friday that are in excess of 8 hours per day and for services provided before 7:00 AM and after 6:00 PM, as well as for services provided on Saturday, Sunday and GFA International, Inc. recognized Holidays. Deposition or court testimony at 1.5 times regular rate - minimum of $150.00/hour. 155 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 20, 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: Approval of Continuing Architectural Consulting Services Agreements 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. DISCUSSION.: Individual work orders will be issued under the agreement, most often with a lump sum, not to exceed cost. In order to establish foundational pricing for the agreement, Staff requested standard hourly rates from each firm, which will be effective for the initial two-year term of award. Staff has received acceptable hourly rates from 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 sample agreement, and the hourly rates attached for the listed firms, and authorize the Chairman to execute the agreements after review and approval by the County Attorney as to form and legal sufficiency. Attachments: Sample Agreement Exhibit 1 Rate Schedules Architectural Group, Inc. Edlund, Dritenbas, Binkley Architects & Associates, Inc. and Spiezle 156 CONTRACT AGREEMENT FOR CONTINUING ARCHITECTURAL. CONSULTING SERVICES 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: In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the COUNTY selected CONSULTANT to provide professional architectural consulting services ("Services"), based on statement of qualifications received in response to Request for Qualifications 2023o62. That the COUNTY and the CONSULTANT, in consideration of their mutual covenants, herein agree with respect to the performance of professional consulting engineering services by the CONSULTANT, and the payment for those services by the COUNTY, as set forth below and in individual Work Orders. This agreement shall be referred to as the "MASTER AGREEMENT" under which future Work Orders will apply. The CONSULTANT shall provide the COUNTY with architectural consulting services and such other related services as defined in specific Work Orders. NOW THEREFORE, in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL 1.1 Professional services shall be identified in individual Work Orders prepared by the COUNTY. Work Orders will be executed by the Board of County Commissioners, County Administrator, or the Purchasing Manager, as authorized. Work Orders shall include a description of services to be performed; a statement of fees; a schedule of deliverables; proposed schedule for compensation and whether compensation is lump sum, maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 1.2 Whenever the term "Work Order" is used herein, it is intended to mean that formal document that is dated; serially numbered; and executed by both the COUNTY and the CONSULTANT by which the COUNTY accepts CONSULTANT's proposal for specific services and CONSULTANT indicates a willingness to perform such specific services for the terms and under the conditions specified in this Agreement. Each Work Order must be fully executed by the COUNTY prior to issuance of the related Notice -to -Proceed. 1.3 Services related to any individual Work Order which would increase or decrease cost, or which are otherwise outside the scope of Services or level of effort contemplated by the Work Order shall be Services for which the CONSULTANT must obtain the prior written approval of the COUNTY, as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of a Work Order; and when properly authorized and executed by both the CONSULTANT and the COUNTY, shall become an amendment to the Work Order or a new Work Order, at the sole option of the COUNTY. A 2023o62 Agreement -1 157 separate Notice -to -Proceed may, at the sole option of the COUNTY, be given for each phase of the services contained in any Work Order hereunder. 1.4 A Work Order shall not give rise to any contractual rights until it meets the foregoing requirements. Each written Notice -to -Proceed and specific Work Order, as approved by the COUNTY, shall be an addendum to this Agreement. Nothing contained in any Work Order shall conflict with the terms of this Agreement, and the terms of this Agreement shall be deemed to be incorporated into each individual Work Order as if fully set forth therein. 1.5 A schedule of current hourly billing rates is set forth in Exhibit 1, attached to this Agreement and made a part hereof by this reference. These hourly billing rates will remain effective for the term of the Agreement. 1.6 No representation or guarantee is made by Indian River County as to the minimum or maximum dollar value, volume of work, or type of work, if any, that CONSULTANT will receive during the term of this Agreement. 1.7 The Background Recitals are true and correct and form a material part of this Agreement. 2. COUNTY OBLIGATIONS 2.1 The COUNTY will provide the CONSULTANT with a copy of any preliminary data or reports available as required in connection with the work to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the COUNTY pertinent to a Project. The CONSULTANT shall satisfy itself as to accuracy of any data provided. The CONSULTANT is responsible for bringing to the COUNTY's attention, for the County's resolution, material inconsistencies or errors in such data that come to the CONSULTANT'S attention. 2.2 The COUNTY shall arrange for access to, and make provisions for the CONSULTANT to enter upon, public and private property (where required) as necessary for the CONSULTANT to perform its Services, upon timely written request of CONSULTANT to COUNTY. 2.3 The COUNTY shall promptly execute all permit applications necessary to the Project. 2.4 The COUNTY shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the CONSULTANT, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the COUNTY of any of the CONSULTANT's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of the work unless the approval expressly relieves Consultant of such responsibility. Neither the COUNTY's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The CONSULTANT shall be and remain liable in accordance with all applicable laws for all damages to the COUNTY to the extent caused by the negligent performance by the CONSULTANT of any of the Services furnished under this Agreement. 2.6 The COUNTY reserves the right to appoint one or more Project Managers for the specific Services in connection with any Work Order. The Project Manager shall: (a) act as the COUNTY's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the CONSULTANT; (c) communicate the COUNTY's policies and decisions to the CONSULTANT regarding the Services; and (d) determine, initially, whether the CONSULTANT is fulfilling its duties, responsibilities, and obligations hereunder. 2023o62 Agreement - 2 158 2.7 The COUNTY shall give prompt written notice to the CONSULTANT whenever the COUNTY observes or otherwise becomes aware of any development that affects the timing or delivery of the CONSULTANT's Services. If the CONSULTANT has been delayed in completing its Services through no fault or negligence of either the CONSULTANT or any sub -consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the CONSULTANT shall promptly notify the Project Manager. In the COUNTY's sole discretion, and upon the submission to the COUNTY of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, subject to the COUNTY'S rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The CONSULTANT shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the CONSULTANT's control and through no fault or negligence of the CONSULTANT. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature such as epidemic or pandemic, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the COUNTY and CONSULTANT shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT 3.1 The CONSULTANT agrees to perform all necessary Services in connection with the assigned Project(s) as set forth in the Work Orders and in this Agreement. 3.2 The CONSULTANT will endeavor not to duplicate any previous work done on any Project. Before execution of a Work Order, the CONSULTANT shall consult with the COUNTY to clarify and define the COUNTY's requirements for the Project. 3.3 The CONSULTANT agrees to complete the Project within the time frame specified in the Work Order. 3.4 The CONSULTANT will maintain an adequate staff of qualified personnel. 3.5 The CONSULTANT will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.6 The CONSULTANT, as a part of the consideration hereof, does hereby covenant and agree that: (i) in connection with the furnishing of Services to the COUNTY hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by CONSULTANT under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age, or sex; and (2) the CONSULTANT shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines; as such rules, regulations, or guidelines may be from time to time amended. 3.7 The CONSULTANT shall during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the CONSULTANT to render its Services as described in this Agreement. The CONSULTANT shall also require all sub - consultants to comply by contract with the provisions of this section. 3.8 The CONSULTANT will prepare all necessary sketches and completed application forms to accompany the COUNTY's applications for any required federal, state, or local permits. The 2023o62 Agreement - 3 159 CONSULTANT will reply, in writing, to all regulatory agencies' requests for additional information related to a permit application. The CONSULTANT will document all meetings, conversations, and communication. with permitting agencies. The CONSULTANT will provide the COUNTY with copies of all permit applications, including attachments, and all related correspondence. The CONSULTANT acknowledges that preparation of all applicable permits for the COUNTY's submittal to regulatory agencies, and the CONSULTANT's written responses to all regulatory agencies' questions until the permit is issued or denied, are included within the scope of basic compensation in each particular Work Order. No additional service work related to permitting will be approved for any reason, except in the case where new permitting requirements become effective after the effective date of a Work Order. 3.9 The CONSULTANT will cooperate fully with the COUNTY in order that all phases of its work may be properly scheduled and coordinated. 3.10 The CONSULTANT will cooperate and coordinate with other COUNTY CONSULTANTS, as directed by the COUNTY. 3.11 The CONSULTANT shall report the status of the Services under this Agreement or Work Order to the County Project Manager upon request, and hold all drawings, calculations and related work open to the inspection of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.12 All documents, reports, tracings, plans, specifications, field books, survey notes and information, maps, contract documents, and other data developed by the CONSULTANT for the purpose of this Agreement, shall become the property of the COUNTY upon payment for the work product. The foregoing items will be created, maintained, updated, and provided in the format specified by the COUNTY. When all work contemplated under this Agreement is complete, and upon final payment all of the above data shall be delivered to the County Project Manager. 3.13 The CONSULTANT will confer with the COUNTY during the further development of improvements for which the CONSULTANT has provided design or other services, and the CONSULTANT will interpret plans and other documents; correct errors and omissions; and prepare any necessary plan revisions not involving a change in the scope of the work required, at no additional cost to the COUNTY when due to the fault of CONSULTANT, within thirty (30) calendar days of notice by the COUNTY, or upon a determination of the CONSULTANT of the existence of such errors or omissions, whichever event shall first occur. The foregoing is not intended to include construction management services provided by the CONSULTANT. 3.14 The CONSULTANT agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The COUNTY shall have the right at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The CONSULTANT shall retain the Books, and make them available to the COUNTY as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.15 The CONSULTANT shall not assign or transfer any work under this Agreement without the prior written consent of the COUNTY. When applicable and upon receipt of such consent from the COUNTY, the CONSULTANT shall cause the names of the engineering and surveying firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.16 All documents, including but not limited to drawings and specifications, prepared by the 2023o62 Agreement - 4 160 CONSULTANT pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the COUNTY or others on any other project. Reuse of any document or drawing shall be at the COUNTY's own risk. 3.17 CONSULTANT is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONSULTANT is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants, as instructed in Section 448.095 F.S., as amended. 3.18 The CONSULTANT shall not be held liable for any modifications made to the documents by others. 3.19 Where services hereunder include preparation of drawings and other contract documents by CONSULTANT and where, notwithstanding acceptance and approval by the COUNTY thereof, in the opinion of the COUNTY, drawings and other contract documents so prepared are found during the course of construction to require modification due to the oversight, inadvertence or negligent omissions of, errors by, or lack of detail provided by CONSULTANT, such modifications must be made by CONSULTANT without additional compensation to the extent due to the fault of Consultant. Where such contract documents are used in letting a contract for construction, CONSULTANT will assume responsibility for any direct or actual damages suffered or incurred by the COUNTY, including, but not limited to, any increase in compensation due to a construction contractor, which increase is directly attributable to the required changes in the Drawings or other contract documents, but only to the actual and proportionate extent caused by CONSULTANT's negligent acts, omissions, or errors. 4. TERM; DURATION OF AGREEMENT This Agreement shall remain in full force and effect for a period of two (2) years after the date of execution thereof, or until completion of all project phases as defined by the COUNTY, whichever occurs later, or unless otherwise terminated by mutual consent of the parties hereto, or terminated pursuant to Section 9 "Termination", This Agreement may be extended for two additional two (2) year term, at the discretion of the County. o. COMPENSATION 5.1 The COUNTY shall pay to the CONSULTANT a mutually agreed upon lump sum or maximum amount not -to -exceed professional fee for each task in the Work Order, to be paid in monthly installments or on a deliverable basis, all as set forth in a Work Order. Invoices, phased per work order, shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONSULTANT by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The CONSULTANT shall include on the invoices any identifiable per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONSULTANT's personnel subject to the limitations of F. S. section 112.o61, as may be amended from time to time. Travel expenses, if any, shall not be on a direct pay basis by the COUNTY. Notwithstanding the foregoing, the CONSULTANT acknowledges and agrees that it will not be reimbursed for any travel within Indian River County, both after a CONSULTANT arrives from outside of Indian River County, and where a CONSULTANT maintains an office in Indian River County. 5.1.2 The COUNTY shall make direct payment of all permit fees paid to regulatory agencies for 2023o62 Agreement - 5 161 approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The COUNTY may at any time notify the CONSULTANT of requested changes to the Services under an existing Work Order, and thereupon the COUNTY and the CONSULTANT shall execute a mutually agreeable amended Work Order or a new Work Order. 5.3 The COUNTY shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under any Work Order at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. In such event, the CONSULTANT shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The COUNTY may, at any time and for any reason, direct the CONSULTANT to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall 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. 1. ADDITIONAL WORK 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the COUNTY may, at the sole option of the COUNTY: separately obtain same outside of this Agreement; or request the CONSULTANT to provide, either directly by the CONSULTANT or by a sub consultant, such additional services by a new Work Order or by a written amendment to a specific Work Order. 2. OWNERSHIP AND REUSE OF DOCUMENTS 7.1 Ownership and Copyright: Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY upon payment for the work product. 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, and upon final payment, all of the above materials shall be delivered to the County Project Manager. 7.2 Reuse of Documents: All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNi'Y's reuse of any document or drawing shall be at the COUNi'Y's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse by others. 3. INSURANCE AND INDEMNIFICATION 8.1 During the performance of the work covered by this Agreement, the CONSULTANT shall provide the COUNTY with evidence that the CONSULTANT has obtained and maintains the insurance listed in the Agreement. 2023o62 Agreement - 6 162 8.2 CONSULTANT shall maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its representatives, or employees. The cost of such insurance shall be included in the CONSULTANT's fees. 8.3 Minimum Scope of Insurance A. Worker's Compensation as required by the State of Florida. Employers Liability of $1oo,000 each accident, $500,000 disease policy limit, and $1oo,000 disease each employee. B. General Liability $1,000,000 per occurrence and $2,000,000 in the aggregate for bodily injury and property damage. Coverage shall include premises/operations, products/completed operations, contractual liability, and independent contractors. COUNTY shall be named an "Additional Insured" on the certificate of insurance. C. Auto Liability $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. D. Professional Liability Insurance providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a $500,000 per claim/annual aggregate. 8.4 CONSULTANT's insurance coverage shall be primary. 8.5 All above insurance policies shall be placed with insurers with a Best's rating of no less that A -VII. The insurer chosen shall also be authorized to do business in Florida. 8.6 The insurance policies procured, other than professional liability, shall be occurrence forms, not claims made policies. Professional liability shall be on a claims -made basis. 8.7 The insurance companies (or their authorized representative) chosen shall provide certificates of insurance prior to signing of contracts, to the Indian River County Risk Management Department. 8.8 CONSULTANT shall provide the Indian River County Risk Management Department with a certificate of insurance that states that the insurance company will provide 3o days' notice to the Risk Management Department, of cancellation and/or nonrenewal. 8.9 The CONSULTANT shall ensure all subconsultants to maintain the insurance as detailed herein. 8.io Any deductibles or self-insured retentions greater than $ioo,000 must be approved by the Risk Manager for Indian River County, with the ultimate responsibility for same going to the CONSULTANT. 8.11 The Consultant shall indemnify and hold harmless the County and its commissioners, officers, and employees from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees (where recoverable under law), to the actual and proportionate extent caused by the negligence, recklessness, or intentionally wrongful conduct of the CONSULTANT and other persons employed or utilized by the CONSULTANT in the performance of the contract. 9. TERMINATION 9.1 This Agreement may be terminated: (a) by the COUNTY, for any reason, upon thirty (3o) days' prior written notice to the CONSULTANT; or (b) by the CONSULTANT, for any reason, upon thirty (3o) days' prior written notice to the COUNTY; or (c) by the mutual Agreement of the parties; or d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 2023o62 Agreement - 7 163 9.2 In the event of termination by the COUNTY, the COUNTY's sole obligation to the CONSULTANT shall be payment for those portions of satisfactorily completed work previously authorized by approved Work Order. Such payment shall be determined on the basis of the hours of work performed by the CONSULTANT, or the percentage of work complete as estimated by the CONSULTANT and agreed upon by the COUNTY up to the time of termination. In the event of such termination, the COUNTY may, without penalty or other obligation to the CONSULTANT, elect to employ other persons to perform the same or similar services. 9.3 The obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 9.4 In the event that the CONSULTANT merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the COUNTY reserves the right to terminate this Agreement in accordance with its terms. 9.5 In the event of termination of this Agreement, the CONSULTANT agrees to surrender any and all documents first prepared by the CONSULTANT for the COUNTY in connection with this Agreement. 9.6 The COUNTY may terminate this Agreement for refusal by the CONSULTANT to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the CONSULTANT in conjunction with this Agreement. 9.7 The COUNTY may terminate this Agreement in whole or in part if the CONSULTANT submits a false invoice to the COUNTY. 9.8 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. OWNER may terminate this Contract if CONSULTANT, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9.9 CONSULTANT certifies that it and those related entities of CONSULTANT as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, create pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. COUNTY may terminate this agreement if CONSULTANT is found to have submitted a false certification as provided under section 287.135(5) Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. io. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES 10.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth- in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement and no higher than those charged the CONSULTANT's other customers, for the same or substantially similar service. The wage rates and costs shall be adjusted to exclude any significant sums should the COUNTY determine that the wage rates and costs were increased due to inaccurate, incomplete or noncurrent wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The COUNTY shall exercise its rights under this "Certificate" within one (1) year 2023o62 Agreement - 8 164 following final payment. COUNTY has the authority and right to audit CONSULTANT's records under this provision. The COUNTY does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time -to -time amended. 10.2 Pursuant to the CONSULTANTS' Competitive Negotiation Act, Section 287.055, Florida Statutes, the CONSULTANT warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. ii. MISCELLANEOUS PROVISIONS 11.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the CONSULTANT or employees or sub -consultants of the CONSULTANT are in no way to be considered employees of the COUNTY, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 11.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the CONSULTANT and the COUNTY. 11.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 11.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either 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. 11.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by 2023o62 Agreement - 9 165 law. 11.6 Availability of Funds. The obligations of the COUNTY under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 11.7 No Pledge of Credit. The CONSULTANT shall not pledge the COUNTY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. 11.8 Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by CONSULTANT shall survive the termination or expiration of this Agreement. 11.9 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the parties or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement. 11.10 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 11.11 Public Records Compliance Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to 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 2023o62 Agreement - io 166 RECORDS AT: (772) 226-1424 publicrecordsRindianriver.gov Indian River County Office of the County Attorney iL801 27th Street Vero Beach, FL 3296o C. Failure of the Consultant to comply with these requirements shall be a material breach of this Agreement. 11.12 FLORIDA STATUTE 558 PURSUANT TO FLORIDA STATUTE § 558•035� AN INDIVIDUAL EMPLOYEE OR AGENT OF CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. 12. FEDERAL CLAUSES For any work requested that will be paid for in part or whole by federal funds, the following terms will apply: A. Contract Work Hours and Safety Standards: (1) The CONSULTANT or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the CONSULTANT or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the CONSULTANT or subcontractor will permit such representatives to interview employees during working hours on the job. B. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 18o and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935)• (2) The CONSULTANT must comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If it is later determined that the CONSULTANT did not comply with 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 18o, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms who apply or bid for an award of $1oo,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 2023o62 Agreement -11 167 member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired—(i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https:l/www.epa.gov/smm/comprehensive-procurement guideline -cog- program. (4) The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a)Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions: (1) Section 889(6) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit CONSULTANTs from providing— (i) A service that connects to the facilities of a third -parry, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. () Reporting requirement. (1) In the event the CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless 2023062 Agreement - 12 168 elsewhere in this contract are established procedures for reporting the information.(2) The CONSULTANT shall report the following information pursuant to paragraph (d)(i) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the CONSULTANT shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. G. Access to Records: The following access to records requirements apply to this contract: (i) The CONSULTANT agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to documents pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the CONSULTANT acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H. DHS Seal, Logo, and Flags: The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The CONSULTANT shall include this provision in any subcontracts. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The CONSULTANT will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. K Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. 2023062 Agreement -13 169 L. Affirmative Steps: If subcontracts are to be let, the prime CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(i)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Consultant: By Name Title Date Witness: By Printed Name INDIAN RIVER COUNTY By its Board of County Commissioners By Susan Adams, Chairman Date Approved by BCC: Attest: Ryan L. Butler, Clerk of Court And Comptroller By Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney 2023062 Agreement -14 170 Exhibit 1 — Rate Schedule (DO NOT SUBMIT RATES AS PART OF YOUR SOQ!) 2023o62 Agreement - 15 171 WORK ORDER TEMPLATE (BCC Approved) This Work Order Number _ is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on the Scope of Work, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit 1 (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in the Scope of Work, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney 2023o62 Agreement - 16 172 WORK ORDER TEMPLATE (BCC APPROVAL NOT REQUIRED) This Work Order Number _ is entered into as of this _ day of I , pursuant to that certain Continuing Contract Agreement, dated , ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on the Scope of Work, attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit 1 (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in the Scope of Work, attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: Print Name: Title: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney Purchasing Approval: Department Head Approval: For work under $35,000 only GL# 2023o62 Agreement -17 173 Exhibit 1 Standard Rates EDLUND - DRITENBAS - BINKLEY A€iCHfRCTS AND ASSOCIATES, P,A, 65 Royal Palm Pointe, Ste D Vero Beach, FL 32960 Ph: (772) 569-4320 Fax (772) 569-9208 EDLUND, DRITENBAS, BM LEY ARCH T'EM & ASSOCIATES, INC. Hourly Rate Schedule November 14, 2023 REGISTERED PRINCIPAL ARCHITECT REGIS"T"ERED PROJECT ARCHITECTS INTERN ARCHITECTS TECHNICAL LEVEL I - SENIOR CADD MANAGER TECHNICAL LEVET. II - CADD DESIGNER/TECH TECHNICAL LEVEL IIT - CADD DESIGNER/TECH CLERICAL AND ACCOUNTING S 175.00 PER HOUR $135.00 PER HOUR $115.00 PER HOUR $9:5,00 PER HOUR $$5.00 PER HOUR $75.00 PER HOUR $60,00 PER HOUR 174 Exhibit 1 Standard Rates spiez e ATTACHMENT 1: Standard Hourly Rates and Compensation 2023 to 2025 HOURLY RATE SCHEDULE: Title: Rate: Principal $200 Associate Architect $190 Senior Project Manager $180 Project Manager $155 Construction Administrator $155 Senior Interior Designer $140 Senior Project Architect $140 Project Architect $130 Senior Project Coordinator $120 Project Coordinator $115 Interior Designer $105 Architectural Designer $105 Executive Administrator $85 Administrative Assistant $85 SPIEZLE 2001 9th Avenue, Suite 308 1 Vero Beach, FL 32960 ( 866.974.7666 1 www.spiezle.com DE I FL I MD I NJ I NY I PA 175 qN CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 8, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Management and Budget Director Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Renewal of Annual Bid 2022027 for Natural Areas and Exotic Vegetation Management/ Mowing BACKGROUND: On February 1, 2022, the Board of County Commissioners awarded Bid 2022027 for Natural Areas and Exotic Vegetation Management/Mowing to John Brown & Sons, Inc. The first extension of this Agreement was approved by the Board on January 17, 2023 and will expire on January 31, 2024. The Parks & Recreation and Conservation Lands Divisions have been satisfied with the services provided by John Brown & Sons, and have requested execution of the second extension to the agreement at current rates. FUNDING The funding for work performed under this extension is included in the General Fund/Parks- Conservation Lands/ Other Contractual Services account 00121572-033490. Account Name Account Number Amount General Fund/Parks-Conservation Lands/ Other Contractual Services 00121572-033490 $124,687.00 RECOMMENDATION Staff requests the Board of County Commissioners approve the Second Extension, and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency, and upon receipt and approval of required insurance by Risk Management. ATTACHMENTS Second Extension — John Brown & Sons, Inc. 176 SECOND EXTENSION TO AGREEMENT FOR NATURAL AREAS AND EXOTIC VEGETATION MANAGEMENT/MOWING This Second Extension to that certain Agreement to provide Natural Areas and Exotic Vegetation Management/Mowing is entered into effective as of February 1, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and John Brown & Sons, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Natural Areas and Exotic Vegetation Management/Mowing effective February 1, 2022; and WHEREAS, the first term commenced effective as of February 1, 2022 and ended on January 31, 2023; and WHEREAS, the first extension commenced effective February 1, 2023 and will end on January 31, 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 Second Extension. 2. The Second extension term shall commence effective February 1, 2024 and shall end on January 31, 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. 177 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. John Brown and Sons, Inc. INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Susan Adams, Chairman Title: (Corporate Seal) Date: Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: K. Keith Jackman Assistant County Attorney 178 �` INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 7, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director Jennifer Hyde, Purchasing Manager PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: First Extension and Amendment to Agreement for Professional Roof Design, Evaluation, and Construction Oversight Services (RFQ 2020031) BACKGROUND: The Board of County Commissioners awarded RFQ 2020031 to the REI Engineers, Inc., Jay Ammon Architect, Inc., and A/R/C Associates, Inc. effective January 5, 2021 for continuing professional roof design, evaluation, and construction oversight services. The Public Works Department has been pleased with services rendered thus far and requested to execute the First Extension and Amendment to the agreement. Staff initially contacted the firms on November 8, 2023 to request execution of the First Extension and Amendment. Due to lengthy review timelines, the First Extension and Amendment was not received by staff until December 6, 2023. All three firms have agreed to renew with no change in rates. 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 quarterly list of work orders approved by the Administrator will be presented to the Board as an informational item. The effective date of the Extension and Amendment is January 5, 2024, to coincide with the expiration date of the original agreement. RECOMMENDATION: Staff recommends the Board approve the first extension and amendment to the agreement with REI Engineers, Inc., Jay Ammon Architect, Inc., and A/R/C Associates, Inc and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. 179 ATTACHMENTS: First Extension and Amendment —A/R/C First Extension and Amendment —Jay Ammon First Extension and Amendment - REI 180 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR CONTINUING PROFESSIONAL ROOF DESIGN, EVALUATION, AND CONSTRUCTION OVERSIGHT SERVICES This First Extension and Amendment to that certain Agreement to provide Continuing Professional Roof Design, Evaluation, and Construction Oversight Services is entered into effective as of January 5, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and A/R/C Associates, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Continuing Professional Roof Design, Evaluation, and Construction Oversight Services effective January 5, 2021; and WHEREAS, Paragraph 4.1 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of January 5, 2021 and will end on January 4,2024; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional two years; and WHEREAS, the parties desire to amend Paragraph 1.1 - General to include updated Work Order processes; and WHEREAS, the parties desire to amend Paragraph 3 — Responsibilities of the Consultant to include updated errors and omissions language for drawing/document preparation, and; WHEREAS, the parties desire to amend Paragraph 7 — Insurance and Indemnification to update minimum insurance limit requirements, and; WHEREAS, the parties desire to amend the agreement to include Ownership and Reuse of Documents language, and; WHEREAS, the parties desire to amend the agreement to include Federal Clauses. 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 and Amendment. 2. The second renewal term shall commence effective January 5, 2024 and shall end on January 4, 2026. There are no additional extensions available on the contract. 181 3. Paragraph 1.1 is amended to read as follows: 1.1 Professional services shall be identified in individual Work Orders prepared by the County. Work Orders will be executed by the Board of County Commissioners, County Administration or the Purchasing Manager, as authorized. Work Orders shall include description of services to be performed; a statement of fees; a schedule of deliverable; proposed schedule for compensation and whether compensation is lump sum. Maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 4. Paragraph 3 — Responsibilities of the Consultant is amended as follows: 3.18 Where services hereunder include preparation of drawings and other contract documents by CONSULTANT and where, notwithstanding acceptance and approval by the COUNTY thereof, in the opinion of the COUNTY, drawings and other contract documents so prepared are found during the course of construction to require modification due to the oversight, inadvertence or negligent omissions of errors by, or lack of detail provided by CONSULTAN, such modifications must be made by CONSULTANT without additional compensation. Where such contract documents are used in letting a contract for construction, CONSULTANT will assume responsibility for any direct or actual damages suffered or incurred by the COUNTY, including, but not limited to, any increase in compensation due to a construction contractor, which increase is directly attributable to the required changed in the Drawings or other contract documents to the extent caused by the CONTULTANT's negligent acts, omissions, or errors. 5. Paragraph 7 — Insurance and Indemnification is amended as follows: 7.2.2 General Liability: a ge fa liab l ffelu ing I -i -ab lity and $1,000,000 combined single limit per accident for bodily injury and t)rgpeqy 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. 7.2.3 Auto Liability: owned, hiFed, $300,000 per- . $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. 7.2.4 Professional Liability: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of x;000,000 $500,000 per claim/annual aggregate. 6. The Agreement is Amended to include the following: 182 11. OWNERSHP AND REUSE OF DOCUMENTS 11.1 Ownership and Copyright. Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. 11.2 Reuse of Documents. All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse of others. 7. The Agreement is amended to include the following Federal Clauses: 12. FEDERAL CLAUSES For any work requested that will be paid for in part or whole by federal funds, the following terms will apply: A. Contract Work Hours and Safety Standards: (1) The CONSULTANT or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the CONSULTANT or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the CONSULTANT or subcontractor will permit such representatives to interview employees during working hours on the job. B. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The CONSULTANT must comply with 2 C.F.R. pt. 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 CONSULTANT 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 183 comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired—(i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any 184 equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit CONSULTANTS from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.(2) The CONSULTANT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the CONSULTANT shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. G. Access to Records: The following access to records requirements apply to this contract: (1) The CONSULTANT agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts 185 and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to documents pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the CONSULTANT acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H. DHS Seal, Logo, and Flags: The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The CONSULTANT shall include this provision in any subcontracts. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The CONSULTANT will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. Affirmative Steps: If subcontracts are to be let, the prime CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. M. License and Delivery of Works Subject to Copyright and Data Rights: The CONSULTANT grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONSULTANT will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the CONSULTANT will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. 8. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 186 IN WITNESS WHEREOF, the parties have caused this First Extension and Amendment to be executed effective the day and year first set forth above. A/R/C Associates, 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 187 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR CONTINUING PROFESSIONAL ROOF DESIGN, EVALUATION, AND CONSTRUCTION OVERSIGHT SERVICES This First Extension and Amendment to that certain Agreement to provide Continuing Professional Roof Design, Evaluation, and Construction Oversight Services is entered into effective as of January 5, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and Jay Ammon Architect, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Continuing Professional Roof Design, Evaluation, and Construction Oversight Services effective January 5, 2021; and WHEREAS, Paragraph 4.1 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of January 5, 2021 and will end on January 4,2024; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional two years; and WHEREAS, the parties desire to amend Paragraph 1.1 - General to include updated Work Order processes; and WHEREAS, the parties desire to amend Paragraph 3 — Responsibilities of the Consultant to include updated errors and omissions language for drawing/document preparation, and; WHEREAS, the parties desire to amend Paragraph 7 — Insurance and Indemnification to update minimum insurance limit requirements, and; WHEREAS, the parties desire to amend the agreement to include Ownership and Reuse of Documents language, and; WHEREAS, the parties desire to amend the agreement to include Federal Clauses. 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 and Amendment. 2. The second renewal term shall commence effective January 5, 2024 and shall end on January 4, 2026. There are no additional extensions available on the contract. 188 3. Paragraph 1.1 is amended to read as follows: 1.1 Professional services shall be identified in individual Work Orders prepared by the County. Work Orders will be executed by the Board of County Commissioners, County Administration or the Purchasing Manager, as authorized. Work Orders shall include description of services to be performed; a statement of fees; a schedule of deliverable; proposed schedule for compensation and whether compensation is lump sum. Maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 4. Paragraph 3 — Responsibilities of the Consultant is amended as follows: 3.18 Where services hereunder include preparation of drawings and other contract documents by CONSULTANT and where, notwithstanding acceptance and approval by the COUNTY thereof, in the opinion of the COUNTY, drawings and other contract documents so prepared are found during the course of construction to require modification due to the oversight, inadvertence or negligent omissions of errors by, or lack of detail provided by CONSULTAN, such modifications must be made by CONSULTANT without additional compensation. Where such contract documents are used in letting a contract for construction, CONSULTANT will assume responsibility for any direct or actual damages suffered or incurred by the COUNTY, including, but not limited to, any increase in compensation due to a construction contractor, which increase is directly attributable to the required changed in the Drawings or other contract documents to the extent caused by the CONTULTANT's negligent acts, omissions, or errors. 5. Paragraph 7 — Insurance and Indemnification is amended as follows: 7.2.2 General Liability: , ineluding een#aetual liability and independefft eefftfae4er-, with a miniffmm eembined single lim4t ef $300,00 per- . $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. 7.2.3 Auto Liability: ewned, hired, $300,000per- ,,,.,.uffenee $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. 7.2.4 Professional Liability: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $1,000,000 $500,000 per claim/annual aggregate. 6. The Agreement is Amended to include the following: 189 11. OWNERSHP AND REUSE OF DOCUMENTS 11.1 Ownership and Copyright. Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. 11.2 Reuse of Documents. All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this proj ect 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 of others. 7. The Agreement is amended to include the following Federal Clauses: 12. FEDERAL CLAUSES For any work requested that will be paid for in part or whole by federal funds, the following terms will apply: A. Contract Work Hours and Safety Standards: (1) The CONSULTANT or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the CONSULTANT or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the CONSULTANT or subcontractor will permit such representatives to interview employees during working hours on the job. B. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The CONSULTANT must comply with 2 C.F.R. pt. 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 CONSULTANT 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 190 comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired—(i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any 191 equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit CONSULTANTs from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.(2) The CONSULTANT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the CONSULTANT shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. G. Access to Records: The following access to records requirements apply to this contract: (1) The CONSULTANT agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts 192 and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to documents pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the CONSULTANT acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H. DHS Seal, Logo, and Flags: The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The CONSULTANT shall include this provision in any subcontracts. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The CONSULTANT will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. Affirmative Steps: If subcontracts are to be let, the prime CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. M. License and Delivery of Works Subject to Copyright and Data Rights: The CONSULTANT grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONSULTANT will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the CONSULTANT will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. 8. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 193 IN WITNESS WHEREOF, the parties have caused this First Extension and Amendment to be executed effective the day and year first set forth above. Jay Ammon Architect, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: 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 194 FIRST EXTENSION AND AMENDMENT TO AGREEMENT FOR CONTINUING PROFESSIONAL ROOF DESIGN, EVALUATION, AND CONSTRUCTION OVERSIGHT SERVICES This First Extension and Amendment to that certain Agreement to provide Continuing Professional Roof Design, Evaluation, and Construction Oversight Services is entered into effective as of January 5, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and REI Engineers, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Continuing Professional Roof Design, Evaluation, and Construction Oversight Services effective January 5, 2021; and WHEREAS, Paragraph 4.1 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of January 5, 2021 and will end on January 4,2024; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional two years; and WHEREAS, the parties desire to amend Paragraph 1.1 - General to include updated Work Order processes; and WHEREAS, the parties desire to amend Paragraph 3 — Responsibilities of the Consultant to include updated errors and omissions language for drawing/document preparation, and; WHEREAS, the parties desire to amend Paragraph 7 — Insurance and Indemnification to update minimum insurance limit requirements, and; WHEREAS, the parties desire to amend the agreement to include Ownership and Reuse of Documents language, and; WHEREAS, the parties desire to amend the agreement to include Federal Clauses. 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 and Amendment. 2. The second renewal term shall commence effective January 5, 2024 and shall end on January 4, 2026. There are no additional extensions available on the contract. 195 3. Paragraph 1.1 is amended to read as follows: 1.1 Professional services shall be identified in individual Work Orders prepared by the County. Work Orders will be executed by the Board of County Commissioners, County Administration or the Purchasing Manager, as authorized. Work Orders shall include description of services to be performed; a statement of fees; a schedule of deliverable; proposed schedule for compensation and whether compensation is lump sum. Maximum amount not -to -exceed, task based, or any combination of the foregoing; a budget establishing the amount of compensation to be paid with sufficient detail so as to identify all of the various elements of costs; a projected schedule for completion of the work to be performed by the CONSULTANT; and any other additional instructions or provisions relating to the specific Services authorized pursuant to each Work Order that does not conflict with the terms of this Agreement. 4. Paragraph 3 — Responsibilities of the Consultant is amended as follows: 3.18 Where services hereunder include preparation of drawings and other contract documents by CONSULTANT and where, notwithstanding acceptance and approval by the COUNTY thereof, in the opinion of the COUNTY, drawings and other contract documents so prepared are found during the course of construction to require modification due to the oversight, inadvertence or negligent omissions of errors by, or lack of detail provided by CONSULTAN, such modifications must be made by CONSULTANT without additional compensation. Where such contract documents are used in letting a contract for construction, CONSULTANT will assume responsibility for any direct or actual damages suffered or incurred by the COUNTY, including, but not limited to, any increase in compensation due to a construction contractor, which increase is directly attributable to the required changed in the Drawings or other contract documents to the extent caused by the CONTULTANT's negligent acts, omissions, or errors. 5. Paragraph 7 — Insurance and Indemnification is amended as follows: 7.2.2 General Liability: , ineluding raen#aratual liability and independent eentfcete with ,...........um eembined single limit e f $300,00 pe eeettffenee. $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. 7.2.3 Auto Liability: , $300,000 per ,,,.,.,,,.,.epee $500,000 combined single limit per accident for bodily injury and property damage. Coverage shall include owned vehicles, hired vehicles, and non -owned vehicles. 7.2.4 Professional Liability: providing coverage for negligent acts, errors, or omissions committed by CONSULTANT with a limit of $;000,000 $500,000 per claim/annual aggregate. 6. The Agreement is Amended to include the following: 196 11.OWNERSHP AND REUSE OF DOCUMENTS 11.1 Ownership and Copyright. Ownership and copyright of all reports, tracings, plans, electronic files, specifications, field books, survey information, maps, contract documents, and other data first developed by the CONSULTANT pursuant to this Agreement, shall be vested in the COUNTY. Said materials shall be made available to the COUNTY by the CONSULTANT at any time during normal business hours upon reasonable request of the COUNTY. On or before the tenth day after all work contemplated under this Agreement or individual Work Order is complete, all of the above materials shall be delivered to the County Project Manager. 11.2 Reuse of Documents. All documents, including but not limited to reports, drawings and specifications, prepared or performed by the CONSULTANT pursuant to this Agreement, are related exclusively to the services described herein. They are not intended or represented to be suitable for reuse by the COUNTY or others on extensions of this project or on any other project. The COUNTY's reuse of any document or drawing shall be at the COUNTY's own risk. The COUNTY shall not hold the CONSULTANT liable for any misuse of others. 7. The Agreement is amended to include the following Federal Clauses: 12. FEDERAL CLAUSES For any work requested that will be paid for in part or whole by federal funds, the following terms will apply: A. Contract Work Hours and Safety Standards: (1) The CONSULTANT or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the CONSULTANT or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the CONSULTANT or subcontractor will permit such representatives to interview employees during working hours on the job. B. Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the CONSULTANT is required to verify that none of the CONSULTANT, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The CONSULTANT must comply with 2 C.F.R. pt. 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 CONSULTANT 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 197 comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended): Contractors and Firms who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the CONSULTANT shall make maximum use of products containing recovered materials that are EPA - designated items unless the product cannot be acquired—(i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The CONSULTANT also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions: (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the CONSULTANT and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any 198 equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit CONSULTANTs from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the CONSULTANT identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the CONSULTANT shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information.(2) The CONSULTANT shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the CONSULTANT shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The CONSULTANT shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements: As appropriate, and to the extent consistent with law, the CONSULTANT should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. G. Access to Records: The following access to records requirements apply to this contract: (1) The CONSULTANT agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONSULTANT which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONSULTANT agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts 199 and transcriptions as reasonably needed. (3) The CONSULTANT agrees to provide the FEMA Administrator or his authorized representatives access to documents pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the CONSULTANT acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H. DHS Seal, Logo, and Flags: The CONSULTANT shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The CONSULTANT shall include this provision in any subcontracts. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The CONSULTANT will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, CONSULTANT, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The CONSULTANT acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. Affirmative Steps: If subcontracts are to be let, the prime CONSULTANT is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. M. License and Delivery of Works Subject to Copyright and Data Rights: The CONSULTANT grants to the Owner a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the CONSULTANT will identify such data and grant to the Owner or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the CONSULTANT will deliver to the Owner data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the Owner. 8. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 200 IN WITNESS WHEREOF, the parties have caused this First Extension and Amendment to be executed effective the day and year first set forth above. REI Engineers, Inc. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By: By: Printed name: Susan Adams, Chairman Title: (Corporate Seal) Date: Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: K. Keith Jackman Assistant County Attorney 201 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 15, 2023 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management & Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024012 — Annual Bid for County Parks Athletic Field Maintenance BACKGROUND: On behalf of the Parks, Recreation and Conservation Department, annual bids were requested to establish fixed pricing for field maintenance services at Fran B. Adams Park, Victor Hart Park and Dick Bird Park on an as needed basis. Services include aeration, topdressing, fertilizing and pest management. The initial term of the contract will be for two (2) years, with options to renew for two (2) additional one (1) year terms. BID RESULTS: Advertising Date: Bid Opening Date: Broadcast to: Bid Documents Obtained by: Replies: September 20, 2023 October 17, 2023 419 Subscribers 13 Vendors 1 Vendor Firm Location Florida ULS Operations, LLC dba Haverland AG Innovations West Palm Beach ANALYSIS: Haverland AG Innovations has been determined by the Department to be the lowest, responsive, responsible bidder. FUNDING: Funding for services performed under this agreement will come from the General Fund/Parks/Other Contractual Services account number 00121072-033490. Expenditures for field maintenance in FY22/23 was $72,450.00. This agreement proposes additional services including fungus/disease control, increased fertilization (liquid and granular), verticutting/vacuuming, additional aerification, 202 overseeding, and soil testing. Per the scope of services outlined in the bid, all or a portion of these services may be requested/contracted through this agreement on the per acre basis as funding is available through operational budgeting. The services under this agreement, if approved, will begin February 1, 2024, with funding provided through the General Fund/Parks/Other Contractual Services account in the amount of $63,227.00. Account Name Account Number Services for Dick Bird Park Feb 1- Sept. remainder of $20,609 � $21,286 FY23/24 General Fund/Parks/Other Contractual Services 00121072-033490 $63,227 The anticipated cost per park for the remainder of the current fiscal year is shown below. A detailed breakout of the services and frequency planned per park is available for review in the Purchasing Division. Year Fran B. Adams Park Victor Hart Park Dick Bird Park Feb 1- Sept. $21,332 $20,609 � $21,286 30, 2024 RECOMMENDATION: Staff recommends the Board award Bid 2024012 to Florida ULS Operations, LLC, dba Haverland AG Innovations, and authorize the Purchasing Division to issue blanket purchase orders. Staff also recommends the Board authorize the Purchasing Manager to renew this agreement, under the same terms and conditions for two additional one-year periods subject to satisfactory performance, vendor acceptance, and determination by the Parks, Recreation and Conservation Department that renewal of this agreement is in the best interest of Indian River County. Attachment: Haverland AG Innovations Bid Pricing 203 Indian River County Parks Athletic I ield Maintenance Bid Form Indian River County Parks Athletic Field Maintenance Bid #: 2024012 Bid Opening Date and Time: October 17, 2023 Bid Opening Location: Purchasing Division 1800 27th Street Vero Beach, FL 32960 The following addenda are hereby acknowledged: Addendum Number Date None 2:00 P.M. f In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the fol owing: Item 01 Cost Per Unit �... AM; c 418M p' 1. Herbicide Application - Liquid 2. Herbicide Application - Granular $ 173.00 Acre 3. Insecticide Application - Liquid $ 326.00 Acre 4. Insecticide Application - Granular $ 239.00 Acre 5. Fertilizer Application - Liquid $ 201.00 Acre 6. Fertilizer Application - Granular $ 469.00 Acre 7. Fungus/Disease Control - Liquid $ 565.00 Acre 8. Fungus/Disease Control - Liquid $ 257.00 Acre 9. Aeration $ 390.00 Acre 10. Verticutting $ 960.00 Acre 11. Roto Tilling $ 352.00 Acre 12. Laser Leveling $ Price TBD Acre NO BID - Excluded from Award 5 a- 13. Top Dressing 14. Mowing Athletic Turf 15. Seed spreading 16. Soil Testing 17. Sod Removal 18. Sod Installation 19. Sod (Bermuda) Indian River County Parks Athletic F eld Maintenance 7 $ 166.00 T'N'' Unit $ 1,220.00 Acre Per Load F $ 172.00 Per Fie d $ .71 SF $ $ .66 SF $ .62 SF $ 1,800.00 Acre Other recommended/Optional/As-Needed items (not , considered in base bid total) T 1. Bermuda Spot Spray Herbicide $ 246.00 $ 166.00 Acre $ 625.00 Per Infield $ 1,220.00 Acre Per Load 4. Clay Grooming - Scarify Clay, dragging, and hand raking $ 172.00 Per Fie d $ .71 SF $ $ .66 SF $ .62 SF Other recommended/Optional/As-Needed items (not , considered in base bid total) T 1. Bermuda Spot Spray Herbicide $ 246.00 Acre 2. Base Alignment $ 625.00 Per Infield 3. Clay Delivered $ 1,350.00 Per Load 4. Clay Grooming - Scarify Clay, dragging, and hand raking $ 1,188.00 Per Infield 6. $ Will your company extend these prices to other governmental agencies Yes El No within the State of Florida? Page 15 of 25 Indian River County Athletic Fiell Maintenance The undersigned hereby certifies that they have read and understand the contents of thins solicitation and agree to furnish at the prices shown any or all of the items above, subject to all linstructions, 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 compei nsation. Florida ULS Operating LLC dba Haverland Ag Innovations Company Name: Company Address: 12276 San Jose Blvd Suite 747 I City, State Jacksonville FL Zip Code 32223 Telephone: 561-305-0169 Fax: i E-mail: keely@haveag.com j Business Tax Receipt Number: State license attached FEIN Number: 85-249795 Authorized Signature: Date: 10/17/201#3- 1 Name: Keely Haverland Title: Business Development Manager (Type / Printed) US INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 19, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024013 Demolition of Retail and Residential Structures BACKGROUND: On behalf of the Public Works Department, sealed bids were solicited for the demolition and removal of all structures located at 3136-3146 US Highway 1 and 1375-1385 32nd St, properties formerly known as Mike's Cut Rate Furniture. ANALYSIS• Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by: Replies: September 18, 2023 October 17, 2023 626 Subscribers 22 Firms 5 Firms Bremar Construction Jensen Beach $149,500-00 So. Cal Shaker Plates & Construction Site Services LLC Lake Elsinore, California $154,250.00 Universal Contracting & Construction, Inc. Melbourne $186,030.00 Cross Environmental Services, Inc Crystal Springs $293,936.00 Nair Contracting Group LLC Delray Beach DQ Nair Contracting Group's bid was disqualified for not having required licensure at the time of bid submittal. The Public Works Department reviewed the responsive bids, and determined Bremar Construction to be the lowest, responsive, responsible bidder, and has recommended award to them. 207 FUNDING: Expenses, in the amount of $149,500, for this project will come from the Traffic Impact Fees Fund/ District 2 Road Improvements/ Construction in Progress/ Aviation EXT-US1 to 37th & 41St/11th Dr. account, account number 10215241-o66510-22010. Account Name Account Number Amount Traffic Impact Fees Fund/ District 2 Road Improvements/ Construction in Progress/ 10215241-o66510-22010 $149,500 Aviation EXT-US1 to 37th & 1St 11th Dr. RECOMMENDATION: Staff recommends the Board award Bid 2024013 to Bremar Construction, approve the agreement, and authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency, receipt and approval of the required public construction bond by the County Attorney, and after receipt and approval of the required insurance by the Risk Manager. 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 Bremar Construction, after review and approval by the Purchasing Manager and the County Attorney's Office. ATTACHMENT Agreement 208 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 Bremar Construction, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK AND PROJECT CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnishing all the necessary equipment, materials and labor for the demolitions and removal of all structures located on the referenced properties. 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: Demolition of Retail and Residential Structures Bid Number: 2024013 Project Address: 3136 US Highway 1, 3146 US Highway 1, 1375 32nd Street, and 1385 32nd Street CLE 2 - CONTRACT TIMES 2.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 2.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run. ARTICLE 3 - CONTRACT PRICE 3.01 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 4.01.6, 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: $149,500.00 209 Written Amount: One hundred, forty-nine thousand, five hundred dollars and zero cents. ARTICLE 4 - PAYMENT PROCEDURES 4.01 Method of Payment The OWNER shall make one progress payment to the CONTRACTOR on the basis of the approved partial payment request as recommended by Assistant Public Works Director. A payment request for 25% of the contract amount may be submitted along with a copy of the disposal manifest for all asbestos containing materials. OWNER will confirm removal with Florida Department of Health. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payments to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 4.02 Acceptance of Final Payment as Release 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 5 - INDEMNIFICATION 5.01 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 6 - CONTRACTOR'S REPRESENTATIONS 6.01 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. 210 D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. 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. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 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; 211 (5) Invitation to Bid 2024013; (6) Addenda (numbers 1 to 1, inclusive); (7) CONTRACTOR'S Bid Form; (8) Bid Bond; (9) Qualifications Questionnaire; (10) Drug Free Workplace Form; (11) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (12) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (13) Certification Regarding Lobbying; (14) 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 8 - MISCELLANEOUS 8.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 8.02 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. 8.03 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. 8.04 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. 8.05 Venue 212 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. 8.06 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 180127th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 213 will permit such representatives to interview employees during working hours on the job. Article 9: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION 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. 214 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. 215 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest K. Keith Jackman, Assistant County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Title: Address: Phone Email License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 216 Exhibit 1 to the Agreement — Pricing 217 2024013 Demolition of Retail and Residential Structures Bid Form Demolition of Retail and Residential Structures Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number 2024013 October 17, 2023 Purchasing Division 180027 th Street Vero Beach, FL 32960 2:00 P.M. In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following: Total Bid Price $ ( IS a Project completion time after receipt of "Notice to Proceed" or PO: 1 S D DAYS Page 18 of 28 218 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 15, 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: Second Extension to Agreements for Temporary Staffing Services (Bid 2022017) BACKGROUND: On February 15, 2022, the Board of County Commissioners awarded Bid 2022017 for Temporary Staffing Services to Blue Arbor, Inc., AUE Staffing, Inc., LFI Fort Pierce, Inc., Altrian, Inc., Spherion Staffing & Recruiting, and Secure Technologies, LLC. The first extension was approved by the Board on February 15, 2023 for all firms except Spherion Staffing, who requested a rate increase and Secure Technologies, who was unresponsive to the extension. The current term will expire on February 14, 2024. Staff is proposing to extend the Blue Arbor, AUE Staffing, LF Staffing Services (flca LFI Fort Pierce), and Altrian agreements, with no change in rates. FUNDING The funding for work performed under this extension will vary by using department and funding source. There is no change to any of the bid pricing associated with the extensions. Below are the departments with their Contracted Labor Services remaining budgets that may utilize these contracts: Acemint Name GL Aecouift Amount General Fund/Conservation Lands/Contracted Labor Services 00121572-033470 $4,000 Transportation Fund/Stormwater/Contracted Labor Services 11128138-033470 $15,000 SHIP/SHIP Program/Contracted Labor Services 12322869-033470 $20,000 Total $39,000 RECOMMENDATION 219 Staff recommends the Board of County Commissioners approve the Second Extensions, and authorize the Chairman to execute them, after approval by the County Attorney as to form and legal sufficiency, and after receipt and approval of required insurance by Risk Management. ATTACHMENTS Second Extension — Altrian Second Extension — AUE Staffing Second Extension — Blue Arbor Second Extension — LF 220 SECOND EXTENSION TO AGREEMENT FOR TEMPORARY STAFFING SERVICES This Second Extension to that certain Agreement to provide Temporary Staffing Services is entered into effective as of February 15, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and Altrian, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Staffing Services effective February 15, 2022; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 15, 2022 and ended on February 14, 2023; and WHEREAS, the first extension commenced effective as of February 15, 2023 and will end on February 14, 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 Second Extension. 2. The second renewal term shall commence effective February 15, 2024 and shall end on February 14, 2025. This is the final renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 221 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. Altrian, 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 222 ,� 2022017 Annual Bid for Temporary Staffing Services Bid Form Annual Bid for Temporary Staffing Services Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number A. 2022017 January 7, 2022 Purchasing Division. 1800 27t' Street Vero Beach, FL 32960 2:00 P.M. Bidders are not required to provide pricing on every category. Please mark N/A for personnel categories you do not wish to provide. in accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following rates: Workforce Category Markup in % " 1. Office/ Clerical Support % 2. Administrative/ Professional Support % 3. General Labor Support % 4. Mechanic Support Will your company extend these prices to other governmental agencies within the State of Florida? ®W-9 is attached QSpecimen Insurance Certificate is attached Page 14 of 33 Yes ® No ❑ 223 SECOND EXTENSION TO AGREEMENT FOR TEMPORARY STAFFING SERVICES This Second Extension to that certain Agreement to provide Temporary Staffing Services is entered into effective as of February 15, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and AUE Staffing, Inc. ("Contractor"). BACKGROUND RECIT WHEREAS, the County and the Contractor entered into an Agreement for Temporary Staffing Services effective February 15, 2022; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 15, 2022 and ended on February 14, 2023; and WHEREAS, the first extension commenced effective as of February 15, 2023 and will end on February 14, 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 Second Extension. 2. The second renewal term shall commence effective February 15, 2024 and shall end on February 14, 2025. This is the final renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 224 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. AUE Staffing, 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 225 Bid Form Annual Bid for Temporary Staffing Services Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number 1 2 2022017 January 7, 2022 2:00 P.M. Purchasing Division 1800 27'h Street Vero Beach, FL 32960 Date 12/20/2021 12/28/2021 Bidders are not required to provide pricing on every category. Please mark N/A for personnel categories you do not wish to provide. In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the followinE rates: Workforce Category Markup in % I. Office/ Clerical Support 26.99 2. Administrative/ Professional Support 26.99 % 3. General Labor Support 29.25 /o 4. Mechanic Support 29.50 % Will your company extend these prices to other governmental agencies within the State of Florida? 0 W-9 is attached 7 Specimen Insurance Certificate is attached Yes ® No 0 226 SECOND EXTENSION TO AGREEMENT FOR TEMPORARY STAFFING SERVICES This Second Extension to that certain Agreement to provide Temporary Staffing Services is entered into effective as of FebnLaM 15, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and Blue Arbor, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Staffing Services effective February 15, 2022; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 15, 2022 and ended on February 14, 2023; and WHEREAS, the first extension commenced effective as of February 15, 2023 and will end on February 14, 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 Second Extension. 2. The second renewal term shall commence effective February 15, 2024 and shall end on February 14, 2025. This is the final renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 227 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. Blue Arbor, 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 228 2022017 Annual Bid for Temporary Staffing Services Bid Form Annual Bid for Temporary Staffing Services Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number ADDENDUM NO. 1 ADDENDUM NO. 2 2022017 January 7, 2022 Purchasing Division 1800 27th Street Vero Beach, FL 32960 Date 12/20/2021 12/28/2021 Bidders are not required to provide pricing on every category. Please mark N/A for personnel categories you do not wish to provide. In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the followine rates - Workforce Category Markup in 22% 1. Office/ Clerical Support 2. Administrative/ Professional Support 22 3. General Labor Support 24 4. Mechanic Support 24% Will your company extend these prices to other governmental agencies within the State of Florida? xx W-9 is attached Specimen Insurance Certificate is attached Page 14 of 33 Yes © No ❑ 229 SECOND EXTENSION TO AGREEMENT FOR TEMPORARY STAFFING SERVICES This Second Extension to that certain Agreement to provide Temporary Staffing Services is entered into effective as of February 15, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and LF Staffing Services, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Temporary Staffing Services effective February 15, 2022; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of February 15, 2022 and ended on February 14, 2023; and WHEREAS, the first extension commenced effective as of February 15, 2023 and will end on February 14, 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 Second Extension. 2. The second renewal term shall commence effective February 15, 2024 and shall end on February 14, 2025. This is the final renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 230 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. LF Staffing Services, 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 231 I Yl 2022017 Annual Bid for Temporary Staffing Services Bid Form Annual Bid for Temporary Staffing Services Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number 'P-- l A0 2022017 January 7, 2022 Purchasing Division 1800 27th Street Vero Beach, FL 32960 Date / d v. 2:00 P.M. Bidders are not required to provide pricing on every category. Please mark N/A for personnel categories you do not wish to provide. In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following rates: Workfgnce Category. ' Markup.in % 1. Office/ Clerical Support ,,� % 2. Administrative/ Professional Support 3. General Labor Support 4. Mechanic Support -A e) . `% % -)9,5 % CA 9 . S % Will your company extend these prices to other governmental agencies within the State of Florida? ® W-9 is attached Specimen Insurance Certificate is attached Page 14 of 33 Yes ❑ NOX 232 DS INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: December 8, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Agreement with Carter Associates, Inc. for Design Services for Oslo Park Paving and Drainage Project (IRC -23o8) BACKGROUND: On May 16, 2023, the Board denied approval for non -Ad Valorem Assessments for street paving in the Oslo Park area, and directed staff to pursue design, engineering, and cost estimation for the project. The Board approved the final ranking of firms established for Request for Qualifications (RFQ) and authorized negotiations with the top ranked consultant, Carter Associates, Inc. (CAI) at its October 3, 2023 meeting. The agreement is now ready for the Board's consideration. The agreement represents the initial phase of the work, which will include survey, geotechnical investigation, permitting investigation, conceptual design, and public outreach. After the county approves the conceptual design, an amendment to the agreement will be brought before the Board to cover additional services and costs included in final design development, permitting, and utility coordination and adjustments. FUNDING• The project will be initially funded by Gas Tax with a cash budget amendment to the Secondary Roads/Road & Bridge/Construction in Progress/Oslo Park Paving account. Once the cost of the project is determined, and the assessments begin to be collected, the Gas Tax fund will be reimbursed for expenses over 25% of the project costs. RECOMMENDATION: Staff recommends the Board approve the agreement, and authorize the Chairman to execute it after review and approval by the county attorney as to form and legal sufficiency. Attachment: Agreement with CAI 233 CONSULTING ENGINEERING SERVICES AGREEMENT FOR OSLO PARK PAVING AND DRAINAGE PROJECT (IRC -23o8) THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this 9th day of January, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County"), and Carter Associates, Inc., ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the County solicited, evaluated and developed ranking of firms to provide Design Services for Oslo Park Paving and Drainage ("Project"), based on statement of qualifications received in response to Request for Qualifications 2023057. B. As a result of its response, the County has selected Consultant to provide certain professional services relating to Oslo Park Paving and Drainage Services ("Services") as more fully set forth in the Phase 1 Scope of Work, attached as "Exhibit A" to this Agreement and made a part hereof by reference. C. The Consultant is willing and able to perform the Services for the County on the terms and conditions set forth below; and D. The County and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in recognition and consideration of the above Recitals, which are not merely prefatory, but are incorporated by reference as though fully set forth herein and form part of the consideration, terms and conditions of this Agreement, and in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 Professional services provided by the Consultant for the County will include survey, geotechnical investigation, permitting investigation, conceptual design, and public outreach, as identified in Exhibit A. The parties agree that the not to exceed services rates in Exhibit A are the basis to be used for billing purposes and that method of Consultant's compensation is set forth in section 5. Consultant's services will be performed in a timely, efficient, cost effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities ("standard of care"). The Consultant will use due care in performing its services and will have due regard for acceptable engineering design standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. 1.3 Additional services which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibit(s) shall be Services for which the Consultant must obtain the prior written approval of the County as provided by 234 this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the County shall become an amendment to the Agreement. 1.4 An amendment to this Agreement is anticipated to define expectations and compensation for Phase 2 services, to include final design plan development, permitting, and utility coordination/adjustments. 2. COUNTY OBLIGATIONS. 2.1 The County will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the services to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the County pertinent to the Project and as otherwise provided in Exhibit A. The Consultant is responsible for bringing to the County's attention, for the County's resolution, material inconsistencies or errors in such data that are made known to the Consultant, but Consultant is not responsible for discovering errors, omissions, or inconsistencies in the drawings or data provided. 2.2 The County shall provide all criteria and full information as to the requirements for the Project, attend Project -related meeting, provide interim reviews on an agreed-upon schedule, make decisions on Project alternatives, and participate in the Project to the extent necessary to allow Consultant to perform the services. 2.3 The County shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon timely written request of Consultant to County. 2.4 The County shall promptly execute all permit applications necessary to the Project. 2.5 The County shall examine any and all studies, reports, sketches, drawings, specifications, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.6 The County will appoint a Project Manager who shall (a) act as the County's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the County's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The County shall give prompt written notice to the Consultant whenever the County observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub -consultant, and, as a result will be unable to perform fully and satisfactorily under the provisions of this 2 235 Agreement, then the Consultant shall promptly notify the Project Manager. In the County's sole discretion, and upon the submission to the County of evidence of the causes of the delay, the Work Order shall be modified in writing as set forth in this Agreement, at no additional cost to the County, subject to the County's rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that performance of Consultant's subconsultants and subcontractors is with Consultant's reasonable control. The parties also 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. 2.9 The County shall be responsible for acquiring all rights-of-way, easements, and other rights in land, as necessary to complete the project. 2.10 The County shall be responsible for notifying residences in the Project area of the work, and informing them that Consultant will be encroaching on their properties for the purposes of conducting surveys and investigations. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A, in connection with the assigned Project as set forth in this Agreement. 3.2 The Consultant agrees to complete the Project in a timely manner and within a mutually agreed upon schedule, as may be modified from time to time. 3.3 The Consultant will maintain an adequate staff of qualified personnel and assign them to work on the project as necessary to complete the agreed upon scope of services. 3.4 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.5 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the County hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.6 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, 3 236 permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all subconsultants to comply by contract with the provisions of this section. 3.7 The Consultant will cooperate fully with the County in order that all phases of the Services may be properly scheduled and coordinated. 3.8 The Consultant will cooperate and coordinate with other County consultants, as directed by the County. 3.9 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all related work open to the review of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.io All documents, reports, field books, survey notes and information, and other data developed by the Consultant for the purpose of this Agreement, shall become the property of the County upon payment for the Services. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all Services contemplated under this Agreement is complete and payment in full is made, all of the above data shall be delivered to the County Project Manager. 3.11 The Consultant will confer with the County during the project(s) for which the Consultant has provided Services, and the Consultant will make corrections to the Consultant's Work Product due to the fault of Consultant, based on the Scope of Services Defined in Exhibit A, at no additional cost to the County, within thirty (30) calendar days of notice by the County, or upon a determination of the Consultant that corrections are needed, whichever event shall first occur. 3.12 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The County shall have the right, at any reasonable time during normal business hours upon five (5) business days' notice to Consultant and through any of its designated agents or representatives, to inspect and audit the Books in conformance with generally accepted auditing standards for the purpose of verifying the accuracy of any invoice. The Consultant shall retain the Books, and make them available to the County as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.13 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the County. However, the Consultant is permitted to retain subconsultants to perform work under this Agreement. When applicable and upon receipt of such consent from the County, the Consultant shall cause the names of the professional subconsultant firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.14 All documents, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the County or others on any other project. Reuse of any documents 4 237 prepared by the Consultant is prohibited and shall be at the County's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 3.15 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. 3.16 The Consultant shall not be held liable for any modifications made to the documents by others. 3.17 Where services hereunder include preparation of drawings and other contract documents by Consultant and where, notwithstanding acceptance and approval by the County thereof, in the opinion of the County, drawings and other contract documents so prepared are found during the course of construction to require modification due to the oversight, inadvertence or negligent omissions of, errors by, or lack of detail provided by Consultant, such modifications must be made by Consultant without additional compensation. Where such contract documents are used in letting a contract for construction, Consultant will assume responsibility for any direct or actual damages suffered or incurred by the County, including, but not limited to, any increase in compensation due to a construction contractor, which increase is directly attributable to the required changes in the Drawings or other contract documents to the extent caused by Consultant's negligent acts, omissions, or errors. 3.18 Approval by the County of any of the Consultant's work, including but not limited to drawings, design specifications, written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the work. Neither the County's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the County caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 4. TERM: TIME FOR COMPLETION. 4.1 The time for completion of the Services shall be defined in Exhibit A. 5. COMPENSATION. 5.1 The County shall pay to the Consultant a mutually agreed professional fee, to be paid in monthly installments or on a deliverable basis, all as set forth in Exhibit A. 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 N7 238 to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for travel within the State of Florida. 5.1.2 The County shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The County may at any time notify the Consultant of requested changes to the Services, and thereupon the County and the Consultant shall execute a mutually agreeable amendment to this Agreement. 5.3 The County shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under Exhibit A at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The County may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the County may thereafter specify in writing. Where the County has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the County shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the County may, at the sole option of the County: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a subconsultant, such additional services by a written amendment to this Agreement. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work on this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. R 239 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (1o) days prior to commencement of any work under this Agreement. The County shall be named as an additional insured (or such insurance should have a blanket additional insured endorsement) on commercial general liability policy. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 3o days prior written notice to the County Risk Manager of its intent to cancel any required policies of insurance. 7.7 Consultant shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein. 7.8 Consultant agrees that it now carries and will continue to carry during the performance of this Agreement, at its own expense, the applicable insurance policies indicated below, with limits not less than those specified. Any insurance on a "claims made" basis shall be maintained for at least 3 years after completion of the Services. A. Worker's Compensation — Statutory B. Employer's Liability - $i,000,000 per occurrence C. Commercial General and Contractual Liability — $1,000,000 per occurrence D. Automobile Liability - $500,000 per occurrence E. Umbrella Liability - $2,000,000 aggregate (in excess of B., C. and D. above) F. Professional Liability - $1,000,000 per claim/aggregate. 7.9 The Consultant shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees (where recoverable under law), 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 this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the County, for any reason, upon thirty (3o) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (3o) days' prior written notice to the County; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one parry 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. 8.2 In the event of termination by the County, the County shall be obligated to pay the Consultant for those portions of completed work previously authorized under this Agreement. Such payment shall be determined on the basis of the percentage of work performed by the Consultant, 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. 8.3 In addition to the termination rights set forth in 8.1, the obligation to provide services under this Agreement may be terminated by either parry upon seven (7) days prior PI 240 written notice in the event of substantial failure by the other parry to perform in accordance with the terms of this Agreement through no fault of the terminating parry. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the County reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the County in connection with this Agreement. 8.6 The County may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The County may terminate this Agreement in whole or in part if the Consultant submits an intended false invoice to the County. 8.8 TERMINATION IN REGARDS TO F.S. 287.135: 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. In addition, if this agreement is for goods or services of one million dollars or more, 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, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 8.8.1 County may terminate this Contract 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. 8.8.2 County may terminate this Contract if Consultant, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the County determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. County has the authority and right to audit Consultant's records under this provision. The County does 241 not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time- to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or, making of this contract. For breach of violation of this provision, the County shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. io.i Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the County, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the County. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either parry 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. Notwithstanding any provision of this Agreement to the contrary, in no event shall either party be liable to the other for consequential, incidental, punitive, special, or exemplary damages, including lost revenues, profits, delays, or other economic loss arising from any cause including breach of warranty, breach of contract, tort, strict liability or any other cause whatsoever. To the extent permitted by law, any statutory remedies that are inconsistent with this provision of the Agreement are waived. 10.4 Remedies: No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either parry, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other parry with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A parry's waver 0 242 of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each parry shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 1o.6 Availability of Funds. The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the County's creditor make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. io.8 Public Records. County is a public agency subject to Chapter lig, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: io.8.i Keep and maintain public records required by the County to perform the service. io.8.2 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. io.8.3 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 Consultant does not transfer the records to the County. io.8.4 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 Consultant 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. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS io 243 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 18o127 1 Street Vero Beach, FL 32960 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: Coun Kirstin Leiendecker, Assistant Public Works Director Indian River County, 1801 27th Street, Vero Beach, FL 3296o kleiendecker 0 indianriver. gov Consultant: Patrick Walther, Vice President Carter Associates, Inc., 1708 21st Street. Vero Beach, FL 3296o pwalther 0 carteras s o c. com 10.10 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. Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either parry may change its address, for the purposes of this section, by written notice to the other parry given in accordance with the provisions of this section. 10.11 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 party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 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. 10.13 PURSUANT TO FLA. STAT. § 558.0035, AN INDIVIDUAL 11 244 EMPLOYEE OR AGENT OF THE CONSULTANT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. COUNTY agrees that, to the fullest extent permitted by law, Consultant's total liability to County for any and all injuries, claims, losses, expenses, or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, Consultant's negligence, errors, omissions, strict liability, or breach of contract and whether claimed directly or by way of contribution shall not exceed the total compensation received by Consultant under this Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Carter Associates, Inc., An LJA Company By Patrick S. Walther, P.E., Vice President Indian River County Board of County Commissioners By Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: 12 K. Keith Jackman, Assistant County Attorney 245 Exhibit A — Phase i Scope of Work 13 246 December 11, 2023 Kirstin Leiendecker Assistant Public Works Director Indian Diver County Engineering Division 180127" Street Vera Beach, Florida 32960 Re: Oslo Park Paving & Drainage Project (Phase 1) IRC Project No. 2308 CAI Project No. 23468E; Proposal Number: 23-25201 Dear Kirstin It is our pleasure to present for your acceptance, this proposed Agreement for engineering services for the above referenced project. The project consists of converting approximately 4.5 miles of unwed residential: roadways into paved roadways. The project includes analyzing and designing improvements to the current drainage system including re-establishment of approximately 3 miles of rear lot swales. The project design process will.nclude a full survey of the project area. The following describes our proposed scope of work and terms of agreement between Indian River County (COUNTY) and Carter Associates, Inc. (CAI): SECTION I — PROJECT LIMITS The COUNTY desires to pave the following unpaved roadways between 11th Street SW and 13th Street SW. • 171h Avenue SW • 1611 Avenue SW • 150'Avenue SW • 14th Avenue SW • 13th Avenue SW • 121h Court SW • 121h Avenue SW • 11th Terrace SW • 11 1h Court SW • l Ph Avenue 'SW • 10th Court SW • 10* Avenue SW • 9 Court SW 17021st.Street, Vero Beach, Florida 32960 • t rR"1 a carterassoc.com Page 1 af6 .247 Also, the COUNTY desires to pave 12th Street SW and 131` Street SW between 9th Court SW and 17" Avenue SW. The total length of unpaved roadways to be paved is approximately 4.5 miles. The Oslo Park drainage area to be analyzed consists of approximately 0.1 6 square miles confined between 9h Court SW to the east and 17th Avenue SW to the west, and between 111h Street SW to the north and IRFWCD Sub -Lateral Canal B-8 to the south. The existing Oslo Park drainage system utilizes approximately 4.5 miles of roadside swales and approximately 3 miles of rear lot swales to drain the subdivision from north to south and thence discharge via culverts under 13th Street SW to IRFWCD Sub -Lateral Canal B-8. CAI will require access to all areas within Oslo Park to conduct our investigation. We anticipate additional drainage connections to IRFWCD Sub -Lateral Canal B-8 will be necessary to accommodate the increase in stormwater runoff resulting from an increase in impervious area due to the proposed paving. SECTION II — SCOPE OF SERVICES CAI agrees to perform professional engineering and related services in connection with the project as required and as set forth in the following: Phase One: Fallowing issuance of a Notice to Proceed (NTP), CAI will coordinate a kick-off meeting with COUNTY staff to discuss specific issues relative to the project and to verify scope and design parameters. A. Survey: CAI will provide a full topographic and boundary survey of the existing right- of-way, including roadways, driveways, mailboxes, trees, vegetation, drainage system and all above ground obstacles. The survey will also include the rear lot swale system, IRFWCD Sub -Lateral B-8 Canal, and aboveground/underground utility locations. CAI will coordinate directly with utility providers to obtain information relative to the location of underground utilities. The survey drawings will be utilized as base drawings for engineering design. Field Survey Crew Tasks • Review survey objective and scope of project with field crew. • Research subdivision control, plats, surveys, county provided survey information, benchmarks, etc. Prepare field crew field file, work sheets and maps for survey observations, • Establish horizontal site control for project control and boundary reconnaissance. • Establish vertical control for ground control points/aerial targets and site-specific topographic survey. • Reconnoiter and locate subdivision PRM's, PCP's, block corners and lot corners, as necessary. • Perform site specific topography as required by the project engineer to include visually obstructed areas from LiDAR, as built of all drainage str ebbs, IRFWCD and subdivision culverts, driveway culverts. • Locate all trees and vegetation within the Oslo Park Subdivision road right of ways only and rear lot line easement plus 5 feet outside of the easement. • Perform cross sections of IRFWCD drainage canals. • Coordinate with and observe underground utility locations by others. Office Tasks: • Calculations, boundary determination, differential level adjustments, coordination with field and office staff • Prepare survey base map of Oslo Park Subdivision geometry based on platted and observed information. • Prepare topographic survey of project site utilizing 3D LiDar surface prepared by LJA as base map and field observed topography to create 'overall model and contour map. Topographic survey to also include locations all improvements, above ground (visible) utilities, vegetation, driveways (to garage apron), culverts, mailboxes, etc. in the right of way. • Prepare control sheets with 100 feet stationing for engineering design plans. • Prepare sheets, title blocks and drawing sets for engineering design (approx. 85 sheets at 40 scale —11 "x17"). • Prepare cover sheet, plan and profile sheets of right of ways and plea view rear lot swale/easement. • Input owner provided utility locations into survey base map. • Quality Assurance and Quality Control LiDAR • LJA Surveying will perform UDAR topographic survey with the required check shots as specified by state regulations. LJA will produce a topographic survey with 1 foot contours and mapping of all planimetric's within the project limits. • CAI will coordinate and assist LJA Surveying with placement of Ground Control Points/Aerial Targets for performance of LDar of project site. • Establish horizontal and vertical control of Ground Control Points/Aerial Targets. • Perform ground truthing shots for verification of LiDAR created 3D surface. B. Geotechnical Investigation: CAI will coordinate sub -soil testing of the existing roadways through our sub -consultant RSM. Paving section recommendations will be provided by KSM. (Reference attached KSM Engineering and Testing scope of work and fee proposal dated 10/20/2023). C. Investigate Permitting Requirements: CAI will conduct formal pre -application meetings with St. Johns River Water Management Distrix (SJRWMD) and Indian River Farms ftV iAQf'4 Water Control District (IRFWCD) to confirm the project's permitting requirements. It is anticipated the project will be eligible for permit exemption from the the SJRWMD water quality treatment and attenuation of runoff requirements based on a plan to utilize a roadway swale and rear lot swale system. CAI will request documentation from the SJRWMD confirming the roadway and drainage improvements are eligible for permit exemption. In the event it is determined that treatment and attenuation are required for this project, CAI will address the requirement as an additional service. We anticipate new drainage connections to IRFWCD Sub -Lateral Canal B-8 will be necessary therefore drainage Connection Permit(s) from IRFWCD will be required and are included in this scope. D. Conceptual Design (30%): CAI will meet with and coordinate with COUNTY staff throughout the design process. CAI will prepare up to eight (8) conceptual typical cross- sections for the paved roadways including but not limited to,; • 22' wide pavement centered in right-of-way with swales 24' wide pavement centered in right-of-way with swales • 22' pavement offset from centerline with future sidewalk and swales • 22' pavement centered in right-of-way with Miami curb and exfiltration trench system without swales Based on a COUNTY chosen typical section and input from permitting agencies, CAI will prepare conceptual design drawings of the roadway and drainage system improvements for the first four streets and rear lot swales from west end of Oslo Park (i.e. 171' Ave SW, 16'h Ave SW, 15'h Ave SW, 1411 Ave SW, and 121i St SW and 131' St SW between 17`h Ave SW and 1411 Ave SW — approximately 1.3 miles of roadway and 0.74 miles of rear lot swales). Conceptual plans to include cover sheet, typical sections, project layout/control, plan/ profile w/ soil boring info and pavement marking & signage, Plans will generally be drawn at a scale of 1" = 40' prepared on 11" x 17" sheets. E. Public Outreach: The COUNTY willorganize a public meeting and notify home owners of the meeting. CAI will assist the COUNTY by attending and presenting exhibits at the meeting and answering questions that the public may have. Exhibits will typically consist of conceptual plans, typical sections and aerials.. D. Miscellaneous: Following completion of Ow above described Phase 1 services CAI will prepare a proposed amendment to this Agreement for Phase 2 services which will include final design plan development, permitting and utility coordination/adjustments. The Phase 2 work will be based on the Phase 1 COUNTY approved conceptual design. SECTION M COMPENSATION CAI will generally bill the COUNTY monthly for the previous month's charges. All tasks will be invoiced on a percent complete basis plus expenses which will be invoiced in accordance with the attached rate schedule. Reimbursable expenses are estimated to not exceed $3,000.00. CAI's fees are summarized as fellows: Phase I Services: A. Survey ......................................... ,..,,........... .-........ , .........$188,750.00 B. Geotechnical Investigation (PLUS 1090). ........., .....All,610.00 C. Investigate Permitting Requirements ............... . . : ........... . ,:..:...... $5,480.00 D. Conceptual Design ..................... ............ . . .... ... ..$71,520.00 E. Public Outreach..... . ........... .., :..... ..., .,........$4,$80.00 Sum = $282,240.00 Reimbursable penses = $3,000.00 Total = $285,240.00 If additional services are desired above and beyond the scope of work described herein, then fees for additional services will be negotiated based on the attached rate schedule and shall be approved by separate written authorization in the form of an amendment to this Agreement. CAI looks forward to furnishing the services described herein. Our Man-hour/Fee estimate is attached as Exhibit "A" for your use. Should you have any questions regarding our proposed scope of work or terms of agreement, please feel free to call me at your convenience. Sincerely, CARTER ASSOCIATES, INC. ej. Patrick S. Walther, P.E. Vice President Attachments I CARTER ASSOCIATES, INC. NOVEMBER 2023 RATE SCHEDULE StaffTvve: Hourly Rates Engineer (Principal) $195.00 Engineer I $175.00 Engineer II $160.00 Engineer III $140.00 Engineer IV $130.00 Engineer V $115.00 Surveyor (Principal}. $185.00 Surveyor (Sr. Consulant) $160.00 Surveyorl $160.00 SurveyorIl $140A0 Surveyor III $125.00 CAD/CO Tech I $130.00 CA3 YGIS Tech Il $125.00 CAI3lQIS Tech III. $12&00 CADUS Tech IV $110.00 CAD/GIB Tech V $100.00 Administrative Staff $ 75.00 Expert Witness $350.00 4 Man Survey Crew $200.00 3 -Man Survey Crew $175.00 2 -Man Survey Crew $150.00 1 -Man Survey Crew $120.-00 Inspector $ 90.00 It Systems Administrator $100.00 SPECIALIZED EQUIPMENT: Leica HD P40 Scanner $175.00/Hour Aluminum Boat $500.00/Day All -Terrain Vehicle (ATV)/Trailer $250.00/Day REIMBURSABLE EXPENSES: $1,000.00/Week Postage, Express Mail, etc. Cost Blueprints/Blackline (24" x 36") $2.20/Each Color Prints (24"x36) $5.50/Each Mileage IRS Standard Rate Mylar $7.00/Each Photocopies: 8.5" it 11" 16¢/Each 8.5" x 14" 27¢/Each I1" x 17" 380/Each Concrete Monuments $20.00/Each Rebar $ 2.50/Each Laths $ 0.75/Each Hubs $ 1.00/Each Sub-Consulfiants Cost + 10% Note: These hourly billing rates will remain effective up to (1) one year from contract date. 1fi INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Patrick J. Murphy; Senior Planner, Current Development DATE: December 21, 2023 SUBJECT: Pulte Home Company, LLC's Request for Final Plat Approval for Harbor Isle Phase I [SD -20-11-04 / 99070005-94300] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 9, 2024. DESCRIPTION & CONDITIONS: Masteller, Moler & Taylor, Inc., on behalf of Pulte Home Company, LLC, is requesting final plat approval for the first phase of a residential development project to be known as Harbor Isle. The project site is located south of SR 510 and east of U.S. Highway 1 (see attachment 1). The subject site is zoned RM -6, Residential Multiple -Family (up to 6 units per acre); OCR, Office, Commercial, Residential; and CON -2, Estuarine Wetlands Conservation District. The property has M-1, Medium -Density Residential -1 (up to 8 units per acre); C/I, Commercial/Industrial; and C-2, Conservation -2 (up to 1 unit per 40 acres) future land use designations, respectively. The density for Phase I of Harbor Isle is 0.88 units per acre. The final plat application is on file with the Planning Division. Harbor Isle, overall, is a 270 -unit "plat -over" site plan project consisting of detached single-family units, whereby an individual lot will be established over each residential unit. Thus, each unit will be conveyed to a future owner on a fee -simple lot basis. On October 28, 2021, the Planning & Zoning Commission (PZC) granted major site plan and preliminary plat approval for Harbor Isle to develop upon 101.26 acres, at an overall density of 2.67 units per acre. Phase I of this project consists of 90 detached single-family units. The remaining 180 units will be brought forward in a future phase and is currently represented by Tract ZZ (Future Development) on the attached plat layout. As of this time, the developer has constructed 95% of the required project improvements. The applicant has coordinated with staff to provide the following: 1. A Phase 1 final plat in conformance with the approved preliminary plat (see attachment 2); 2. An approved Engineer's Certified Cost Estimate for the Phase 1 remaining required improvements; and Page 1 of 2 253 3. An executed Contract for Construction of Phase 1 remaining required improvements, with a Cash Deposit and Escrow Agreement for 125% of the cost for the remaining required improvements. The Board is now to consider granting final plat approval for Harbor Isle Phase 1. ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided for under the LDR's applicable to this final plat application, the applicant will be "bonding -out" the remaining 5% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved the Contract for Construction of Required Improvements and an acceptable cash deposit and escrow agreement in the amount of 125% of the cost of construction for the remaining required improvements. All improvements within Harbor Isle Phase 1 will be private, with the exception of certain utility facilities. Those utility facilities will be dedicated and guaranteed to Indian River County, as required by the Utility Services Department. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Harbor Isle Phase I. ATTACHMENTS: 1. Location Map 2. Final Plat Layout Page 2 of 2 254 N r N f+ a N � 0 O �� LL o m ,4) 3f1m)a ^m V a PJw cn OJ00 ¢ L Q0 O ~ Q J aLm /0 P�jY i �� zV-IOINVdSIH Q a AN Rol ¢ Hl v °° ; _ MPSSE 00 o cn = adAVM ao -1 OC O f - r= z V co m 0 G� P oo C4U' �j/11 a V O yS AV H19b 0} � � �`G`r�p�l lO = O �p �b0 J5 Ab H1917 Hl9b kVM a3MOI-AAVW f- *0 _Qti" a. nd M:M w C7 � AV HlLb F-0 = HlLb OD� co 00� ��N O J Cn AV 00 0\10 c a HlLb �(Jj a- °o o En�o °° a° AV U') V co Hl8b o B m AV H109 W N V o v j GO Go N •L Z E o+ 1 CO A A IL = x= J 2 O E AV H1SS of = c� U z V V Z O F- a. U U) w J Q W J 0 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Patrick J. Murphy; Senior Planner, Current Development DATE: December 20, 2023 SUBJECT: Sunburst/Encore, LP's Request for Final Plat Approval for the Sunshine Travel RV Resort Expansion [SD -21-06-02 / 2001010166-93624] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of January 9, 2024. DESCRIPTION & CONDITIONS: Carter Associates, Inc., on behalf of Sunburst/Encore, LP, is requesting final plat approval for a 24 - lot expansion of the existing Sunshine Travel RV Resort. The project site is located south of County Road (CR) 512 and east of Interstate 95 (see attachment 1). The subject site is zoned CRVP, Commercial Recreational Vehicle Park and has a C/I, Commercial/Industrial future land use designation. The final plat application is on file with the Planning Division. The overall Sunshine Travel RV Resort was originally approved in the mid 1980's. The project has received a number of prior approvals over the years to add additional RV lots/spaces, and amenities/support buildings. On September 8, 2021, Planning & Development Services staff granted major site plan and preliminary plat approval to add 24 additional lots and associated site improvements at the northern end of the overall project site. The applicant has submitted a final plat in general conformance with the approved major site plan and preliminary plat, and now requests that the Board of County Commissioners grant final plat approval for the Sunshine Travel RV Resort expansion project. ANALYSIS: All of the required improvements for the Sunshine Travel RV Resort expansion project have been completed and inspected, and a Certificate of Completion was issued by Public Works staff on August 29, 2023 (App #94857). All improvements (stormwater tracts, landscape tracts, roadways) will be private, with the exception of certain utility facilities which will be dedicated to and guaranteed to Indian River County after plat recordation, as required by the Utility Services Department. All requirements of final plat approval have been satisfied. C:\Granicus\Legistar5\L5\Temp\74f85110-d5a0-4a8a-bdca-86cObl908682.doex 262 Page 1 0 RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for the Sunshine Travel RV Resort expansion project. ATTACHMENTS: 1. Location Map 2. Final Plat Layout C:\Granicus\Legistar5\L5\Temp\74f85110-d5a0-a8a-bdca-860b1908682.docx 263 Page 2 c 0 c N O Q O Z D O U 0 0 N 0 0 w W cc W 2 J W r 0AVH150L zc N J a, a V r ■ Q 0 d O E z� N N N LL it 0 H O 0 nd Hlso � M Oi 0 AVH180L 0 2JCI WlVd IVAON 0 IL 0 Nl NVO 3Ail 0 o d 0 Nl 0 MI3NId 4NdS a a d 'O w 33N -L NOW3l ILU o J_ •." d > 0 o a O: w a V z0 � Z °vO Q d �SJy��� 0 Qa ("HOaO U 3.tIHM01 d 0 UO w7bd LL ONIk it z O Fn z Q a. X LU LL O/^ vJ LLJ L.L LL J W Q F - w z_ z Z) CO z a z N N U Q O w irw f N J LU LL Z O COv Z Q a x w F- W O U) w J w w Z_ 2 Z Z) U) ( Od'9ed)ewa.os 3nN3AV HIOM 31 OU";VlVdAUS3'yry 8 ON abOL 3l yl S13 HS ,Copt a Ol a31ba 6 ObOa 3dM j. y S 88 b Sll -G M 37gy�ay,A M'9d'9 9d) Moa ,M 3nN3AV HIM N N V 0 a 0 w LU LU U3 U3 w LL 37o2110 W l bd A LSarvn 313 ND Wlbd lsan9ry •ol (99612o/ll ONb 6 ON ��a 31 1SS133HS 'EO la0l -too431bQ 6oboa3 kv b SS631b1 a3HOIM378bI21bA 313N13 Wltld A1S3fHW INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kirstin Leiendecker, P.E., Assistant Public Works Director FROM: Jill Williams, Contract Support Specialist MA SUBJECT: FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 2 and Resolution Authorizing the Chairman's Signature for CEI and Construction of 66th Avenue from 691h Street to CR-510/85th Street (IRC -15058) FM No. 436379-2-54-01 DATE: December 4, 2023 DESCRIPTION AND CONDITIONS On June 14, 2022 the Board of County Commissioners approved a Transportation Regional Incentive Program (TRIP) Agreement with the Florida Department of Transportation (FDOT) for the CEI and Construction of 66th Avenue from 69th Street to CR-510/85th Street in the amount of $7,000,000.00. The improvements include widening and reconstruction of the existing roadway to a 4 -lane divided roadway section within the project limits. Curb and gutter and a raised median will be provided. An 8' wide concrete sidewalk will be provided on the west side of the roadway. Also included will be stormwater drainage improvements, pavement markings, traffic signals and landscape and irrigation improvements. The project was awarded on June 20, 2023 in the amount of $19,478,967.53. Supplemental Agreement No. 1 with FDOT was approved by the Board of County Commissioners on May 16, 2023 updating deliverables and CEI classifications. FDOT has requested Indian River County to execute and deliverthe FDOT Supplemental Agreement No. 2. Agreement No.2 consists of updated and finalized project deliverables and to extend the contract time from June 30, 2024 to December 31, 2025 to align the FDOTAgreement with the revised construction schedule. Further, a Resolution authorizing the Board of County Commissioners to execute the FDOT Supplemental Agreement No. 2 is requested. FUNDING There is no additional funding required for Supplemental Agreement No. 2. Per the TRIP grant agreement, the County must fund the project and then request reimbursement of the grant share from FDOT to a maximum amount of $7,000,000.00 of the total cost for the project. Account Name Account Number Amount Traffic Impact Fees/District 1 Roads/Construction Progress/66th Ave/69th St— 10215141-066510-16009 $1,065,270 85" St Traffic Impact Fee 2020/District I/ Construction 10415141-066510-16009 $690,000 in Progress/66th Ave /69th St — 85th St Optional Sales Tax/66th Ave/69th St — 85th St 31521441-066510-16009 $17,723,698 269 Page Two FDOT TRIP SA No. 2 for 66th Ave (IRC -15056) For BCC Meeting January 9, 2024 RECOMMENDATION Staff recommends the Board of County Commissioners approve FDOT Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 2 and Authorizing Resolution and authorize the Chairman to execute the same. ATTACHMENTS Authorizing Resolution FDOT TRIP Supplemental Agreement No. 2 FM No. 436379-1-S4-01 & 436379-1-S4-02 APPROVED AGENDA ITEM FOR JANUARY 9, 2024 C:\Granicus\Legistar5\L5\Temp\9591fe07-04b8-4b47-903c-b7e377b25d88.doc 270 RESOLUTION NO. 2024 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE CHAIRMAN'S EXECUTION OF TRANSPORTATION REGIONAL INCENTIVE PROGRAM SUPPLEMENTAL AGREEMENT NO. 2 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR CEI AND CONSTRUCTION OF 66TH AVENUE ROADWAY WIDENING FROM 691h STREET TO CR-510/85TH STREET WHEREAS, the widening of 66th Avenue from 69th Street to CR-510/85th Street is an Indian River County priority project; and WHEREAS, the Florida Department of Transportation (FDOT) is prepared to provide funds to pay a portion of the cost for the CEI and construction of the widening of 66th Avenue from 69th Street to CR- 510/85th Street under the Transportation Regional Incentive Program (TRIP); and WHEREAS, the State of Florida, Department of Transportation, has requested Indian River County execute and deliver to the State of Florida, Department of Transportation, TRIP Supplemental Agreement No. 1 to update deliverables and extend the contract time from June 30, 2024 to December 31, 2025; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman of the Board is hereby authorized to make, execute, and deliver to the State of Florida, Department of Transportation, a Transportation Regional Incentive Program (TRIP) Supplemental Agreement No. 1 for the aforementioned project. The foregoing resolution was offered by Commissioner motion was seconded by Commissioner follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Laura Moss Commissioner Joseph H. Earman Commissioner Deryl Loar who moved its adoption. The and, upon being put to a vote, the vote was as The Chairman thereupon declared the resolution passed and adopted this day of 2024. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to Form and Legal Sufficiency William K. DeBraal, County Attorney 271 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION STATE -FUNDED GRANT SUPPLEMENTAL AGREEMENT SUPPLEMENTAL NO. CONTRACT NO. G2A86 FPN 436379-2-54-01 Recipient: Indian River County This Supplemental Agreement ("Supplemental'), dated 525-010-60 PROGRAM MANAGEMENT 12/18 Page 1 of 1 arises from the desire to supplement the State -Funded Grant Agreement ("Agreement') entered into and executed on June 17,2022 as identified above. All provisions in the Agreement and supplements, if any, remain in effect except as expressly modified by this Supplemental. The parties agree that the Agreement is to be amended and supplemented as follows: The first sentence of Paragraph 3 is amended to read as follows: This Agreement shall commence upon full execution by both Parties and the Recipient shall complete the Project on or before December 31St, 2025. The deliverables stated in Exhibit A in the Supplemental Agreement #1 dated, May 22, 2023 are hereby deleted and replaced with Exhibit A deliverables in this agreement SA#2. Reason for this Supplemental and supporting engineering and/or cost analysis: The County experienced delays in the procurement of materials which resulted in a revised project schedule. This Supplement Agreement extends the terms of the executed agreement from June 30, 2024 to December 31,2025 in order to align with the revised construction schedule and to avoid agreement expiration prior to project completion. As a result of approved addendums, Exhibit A must be updated to include additioanl pay items approved during the bidding and award of the project. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. RECIPIENT: Indian River County By: Name: Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Name: John P. Krane , RE, Title: Director of Transportation Development Legal Review: 272 Alt Form 525-010-6OeA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 525 -011 -OA STATE -FUNDED GRANT AGREEMENT PROGRAM MANAGEMENT 05/21 EXHIBIT A PROJECT DESCRIPTION AND RESPONSIBILITIES FPN: 436379-2-54-01 This exhibit forms an integral part of the Agreement between the State of Florida, Department of Transportation and Indian River County (the Recipient) PROJECT LOCATION: ❑ The project is on the National Highway System ❑ The project is on the State Highway System. PROJECT LENGTH AND MILE POST LIMITS: 66TH AVE FROM 69TH ST TO CR-510/85TH ST 88530000 COMPOSITE 2 5.526 / 6.918 1.392 88530000 LEFT RDWY 1 6.918 / 7.128 0.210 88530000 RIGHT RDWY 1 6.918 / 7.128 0.210 88530000 COMPOSITE 2 7.128 / 7.463 0.335 88530000 LEFT RDWY 1 7.463 / 7.546 0.083 88530000 RIGHT RDWY 1 7.463 / 7.546 0.083 PROJECT DESCRIPTION: CEI and Construction of the proposed improvements to 66th Avenue from north of 69th Street to 85th Street (CR510) consisting of the widening and reconstruction of the existing roadway to a 4 -lane divided roadway section within the project limits. Curb and gutter and a raised median will be provided. An 8' wide concrete sidewalk will be provided on the west side of the roadway. Also included will be stormwater drainage improvement, pavement markings, traffic signals and landscape and irrigation improvements. SPECIAL CONSIDERATIONS BY RECIPIENT: The Recipient is required to provide a copy of the design plans for the Department's review and approval to coordinate permitting with the Department, and notify the Department prior to commencement of any right-of-way activities. The Recipient shall commence the project's activities subsequent to the execution of this Agreement and shall perform in accordance with the following schedule: a) Study to be completed by N/A. b) Design to be completed by N/A. c) Right -of -Way requirements identified and provided to the Department by N/A. d) Right -of -Way to be certified by N/A. e) Construction contract to be let by N/A. f) Construction to be completed by June 30, 2025 If this schedule cannot be met, the Recipient will notify the Department in writing with a revised schedule or the project is subject to the withdrawal of funding. SPECIAL CONSIDERATIONS BY DEPARTMENT: 273 EXHIBIT A DELIVERABLES 66th Avenue from 69th Street to SR -510 /85th Street FM# 436379-2-54-01 ITEM NO. DESCRIPTION Unit Quantity ROADWAY 101-1 MOBILIZATION/ DEMOBILIZATION LS 1 102-1 MAINTENANCE OF TRAFFIC LS 1 *'102-14 TRAFFIC CONTROL OFFICER (OFF DUTY LAW ENFORCEMENT) PH 500 104-2 PREVENTION, CONTROL & ABATEMENT OF EROSION AND WATER POLLUTION LS 1 110-1-1 CLEARING & GRUBBING LS 1 **110-1-2 DEMOLITION OF EXISTING BUILDINGS EA 3 ** 110-5 PLUGGING WATER WELL -ARTESIAN EA 6 110-7-1 MAILBOX F & I EA 27 120-1 REGULAR EXCAVATION CY 318,808 120-4 SUBSOIL EXCAVATION CY 1,027 120-5 CHANNEL EXCAVATION CY 1,915 120-6 EMBANKMENT CY 59,799 160-4 TYPE "B" STABILIZATION SY 100,633 285-709 OPTIONAL BASE GROUP 9 SY 71,787 286-1 TURNOUT CONSTRUCTION SY 920 334-1-13 SUPERPAVE ASPHALT CONCRETE (SP -12.5) (TRAFFIC C) (2.0") TN 8,242 337-7-82 ASPHALTIC CONCRETE FRICTION COURSE (FC -9.5) (TRAFFIC C) (1.0') TN 4,121 400-1-2 CLASS I CONCRETE (ENDWALL) CY 14.97 400-2-2 CLASS 11 CONCRETE (ENDWALL) CY 22.60 415-1-1 REINFORCING STEEL (ROADWAY) LB 1,390 425-1-11 MODIFY EXIST, DRAINAGE STRUCTURE EA 1 425-1-351 INLETS (CURB) (TYPE P-5) (<10') EA 8 425-1-355 INLETS (CURB) (TYPE P-5) (PARTIAL) EA 1 425-1-361 INLETS (CURB) (TYPE P-6) (<10') EA 17 425-1-451 INLETS (CURB) (TYPE 1-5) (<10') EA 3 425-1-4518 INLETS (CURB) (TYPE 1-5) (<10') (CONTROL STRUCTURE) EA 1 425-1-452 INLETS (CURB) (TYPE J-5) (>10') EA 3 425-1-461 INLETS (CURB) (TYPE J-6) (<10') EA 7 425-1-462 INLETS (CURB) (TYPE J-6) (>10') EA 2 425-1-521 INLETS (DT BOT) (TYPE C) (<10') EA 11 425-1-541 INLETS (DT BOT) (TYPE D) (<10') EA 1 425-1-559 INLETS (DT BOT) (TYPE E) (>10') (CONTROL STRUCTURE) EA 1 425-1-582 INLETS (DT BOT) (TYPE H, 4 -GRATE) (>10') (CONTROL STRUCTURE) EA 1 425-2-41 MANHOLES (P-7) (<10') EA 6 425-2-63 MANHOLE (P-8) (PARTIAL) (TOP ONLY) EA 3 425-2-71 MANHOLES (J-7) (<10') EA 9 430-175-118 PIPE CULVERT (RCP) (ROUND) (18" SS) LF 2,339 430-175-118B PIPE CULVERT (P.P.) (ROUND) (18" SS) LF 310 430-175-124 PIPE CULVERT (RCP) (ROUND) (24" SS) LF 1,412 430-175-124B PIPE CULVERT (P.P.) (ROUND) (24" SS) LF 467 430-175-130 PIPE CULVERT (RCP) (ROUND) (30" SS) LF 1,244 430-175-130B PIPE CULVERT (P.P.) (ROUND) (30" SS) LF 118 430-175-136 PIPE CULVERT (RCP) (ROUND) (36" SS) LF 1,818 430-175-142 PIPE CULVERT (RCP) (ROUND) (42" SS) LF 394 430-175-142B PIPE CULVERT (P.P.) (ROUND) (42" SS) LF 136 430-175-148 PIPE CULVERT (RCP) (ROUND) (48" SS) LF 314 430-175-148B PIPE CULVERT (P.P.) (ROUND) (48" SS) LF 104 430-175-154 PIPE CULVERT (RCP) (ROUND) (54" SS) LF 27 430-175-160 PIPE CULVERT (RCP) (ROUND) (60" SS) LF 2,032 430-175-160A PIPE CULVERT (C.A.P.) (ROUND) (60" SS) LF 160 430-175-166 PIPE CULVERT (RCP) (ROUND) (66" SS) LF 123 274 EXHIBIT A DELIVERABLES 66th Avenue from 69th Street to SR -510 /85th Street FM# 436379-2-54-01 ITEM NO. DESCRIPTION Unit Quantity 430-175-172 PIPE CULVERT (RCP) (ROUND) (72" SS) LF 522 430-175-184 PIPE CULVERT (RCP) (ROUND) (84" SS) LF 40 430-175-215 PIPE CULVERT (ERCP) (12" X 18" SS) LF 147 430-175-236 PIPE CULVERT (ERCP) (29" X 45" SS) LF 192 430-175-260 PIPE CULVERT (ERCP) (48" X 76" SS) LF 145 430-964-8 PIPE CULVERT (SCH. 80 PVC) (8") LF 1,341 430-982-125 MITERED END SECTION (CONC.) (18" CD) (4:1) EA 1 430-982-129 MITERED END SECTION (CONC.) (24" CD) (4:1) EA 2 440-1-20 UNDERDRAIN (TYPE 11) LF 1,917 520-1-10 CONCRETE CURB & GUTTER (TYPE F) LF 16,420 520-1-11 CONCRETE CURB & GUTTER (TYPE F) (MOD.) LF 13,918 522-2 CONCRETE SIDEWALK & DRIVEWAY, 6" THICK, 3000 PSI, FIBER REINFORCED SY 10,072 527-2 DETECTABLE WARNINGS SF 190 530-3-4 RIPRAP, RUBBLE (F&I) (DITCH LINING) TN 789 550-10-222 FENCING (TYPE B) (6.0') (WITH VINYL COATING) LF 3,519 550-60-225 FENCE GATE (TYPE B) (DOUBLE) (24.0' OPENING) EA 3 570-1-2A PERFORMANCE TURF (SOD) (BAHIA) SY 203,104 630-2-11A CONDUIT (OPEN TRENCH) (F&1) (2") LF 7,735 633-1-124 FIBER OPTIC CABLE (F&I) (UNDERGROUND) (144 STRAND) LF 8,635 633-2-31 FIBER OPTIC CONNECTION (INSTALL) (SPLICE) EA 108 633-2-32 FIBER OPTIC CONNECTION (INSTALL) (TERMINATION) EA 192 633-3-11 SPLICE ENCLOSURE (F&I) (SPLICE ENCLOSURE) EA 3 635-2-12 PULL AND SPLICE BOX (F&I) (17"X30") (PULL BOX) EA 9 635-2-13 PULL AND SPLICE BOX (F&I) (30"X48") (SLACK BOX) EA 9 SIGNS AND MARKINGS 700-1-11 SINGLE POST SIGN (FURNISH & INSTALL) (LESS THAN 12 SF) AS 70 700-1-12 SINGLE POST SIGN (FURNISH & INSTALL) (12-20 SF) AS 3 700-1-60 SINGLE POST SIGN (REMOVE) (DELIVER TO IRC PUBLIC WORKS) AS 2 700-2-12 MULTI -POST SIGN (FUNISHED & INSTALLED) (12-20 SF) AS 2 706-3 RETRO -REFLECTIVE PAVEMENT MARKERS EA 1,039 711-11-121 THERMOPLASTIC, STD, WHITE, SOLID, 6" LF 20,010 711-11-122 THERMOPLASTIC, STD, WHITE, SOLID, 8" LF 5,193 711-11-123 THERMOPLASTIC, STD, WHITE, SOLID, 12" LF 1,149 711-11-124 THERMOPLASTIC, STD, WHITE, SOLID, 18" LF 1,518 711-11-125 THERMOPLASTIC, STD, WHITE, SOLID, 24" LF 981 711-11-131 THERMOPLASTIC, STD, WHITE, SKIP (10'-30'), 6" LF 14,163 711-11-141 THERMOPLASTIC, STD, WHITE, SKIP (2'-4' / 6-10'), 6" LF 2,270 711-11-160 THERMOPLASTIC, STD, WHITE, MESSAGE EA 28 711-11-170 THERMOPLASTIC, STD, WHITE, ARROW EA 77 711-11-221 THERMOPLASTIC, STD, YELLOW, SOLID 6" LF 21,256 711-11-224 THERMOPLASTIC, STD, YELLOW, SOLID 18" LF 1,356 711-11-241 THERMOPLASTIC, STD, YELLOW, SKIP (2'-4' / 6'-10'), 6" LF 1,036 711-17-1 THERMOPLASTIC, REMOVE (HYDROBLAST) SF 264 SIGNALIZATION 630-2-11 CONDUIT (SIGNAL) (F & 1) (OPEN TRENCH) LF 235 630-2-12 CONDUIT (SIGNAL) (F & 1) (DIRECTIONAL BORE) LF 390 632-7-1 CABLE (SIGNAL) (F & 1) PI 1 632-7-6 SIGNAL CABLE (REMOVE - INTERSECTION) PI 1 635-2-11 PULL BOX & SPLICE BOX (F & 1) (13"x24") EA 13 639-1-610 ELECTRICAL POWER SERVICE (REMOVE - OVERHEAD) AS 1 639-1-122 ELECTRICAL POWER SERVICE (SIGNAL) (UNDERGROUND) (METER PURCHASED BY AS 1 639-2-1 ELECTRICAL SERVICE WIRE (F & 1) LF 20 275 EXHIBIT A DELIVERABLES 66th Avenue from 69th Street to SR -510 /85th Street FM# 436379-2-54-01 ITEM NO. DESCRIPTION Unit Quantity 639-3-11 ELECTRICAL SERVICE DISCONNECT (F & 1) (POLE MOUNTED) EA 1 641-2-12 PRESTRESSED CONC. POLE STANDARD PLANS 641-010 (F & I ) (TYPE P-11 SERVICE POLE) EA 1 641-2-80 PRESTRESSED CONC. POLE STANDARD PLANS 641-010 (COMPLETE/ DEEP REMOVAL POLES 30' AND GREATER) EA 2 646-1-11 ALUMINUM SIGNALS POLE PEDESTAL AND PEDESTRIAN DETECTOR POST (F&I) (PEDESTAL) EA 6 646-1-60 ALUMINUM SIGNALS POLE (PEDESTAL AND PEDESTRIAN DETECTOR POST) (REMOVE) EA 2 649-31-107 MAST ARM (F & 1) (WIND SPEED 150 W/O BACKPLATES) (W/ LUMINAIRE) (ARM LENGTH 46,) EA 1 649-31-108 MAST ARM (F & 1) (WIND SPEED 150 W/O BACKPLATES) (W/ LUMINAIRE) (ARM LENGTH 60, EA 1 649-31-109 MAST ARM (F & 1) (WIND SPEED 150 W/O BACKPLATES) (W/ LUMINAIRE) (ARM LENGTH 70.5') EA 2 650-1-14 VEHICULAR TRAFFIC SIGNAL (F & 1) (ALUMINUM) (3 -SECTION) (1 -WAY) AS 8 650-1-18 VEHICULAR TRAFFIC SIGNAL (F & 1) (ALUMINUM) (5 -SECTION) (1 -WAY) (STRAIGHT) AS 2 653-1-11 PEDESTRIAN SIGNAL (F & 1) (LED -COUNTDOWN) (1 -WAY) AS 8 660-4-11 VEHICLE DETECTION SYSTEM (F & 1) (VIDEO) (CABINET EQUIPMENT) EA 1 660-4-12 VEHICLE DETECTION SYSTEM (F & 1) (VIDEO) (ABOVE GROUND EQUIPMENT) EA 4 665-1-11 PEDESTRIAN DETECTOR (F & 1) (STANDARD) AS 8 670-5-111 TRAFFIC CONTROLLER ASSEMBLY (F & 1) (NEMA) (TYPE 5) (ONE PREEMPTION PLAN) AS 1 670-5-600 TRAFFIC CONTROLLER ASSEMBLY (REMOVE CONTROLLER AND CABINET) AS 1 682-1-133 ITS CCTV (F &I) (DOME ENCLOSURE - NON -PRESSURIZED) (IP) (HD) EA 1 684-1-1 MANAGED FIELD ETHERNET SWITCH (F & 1) EA 1 685-1-14 UNINTERRUPTIBLE POWER SUPPLY (F & 1) (LINE INTERACTIVE) EA 1 700-5-22 INTERNALLY ILLUMINATED SIGN (F & 1) (OVERHEAD MOUNT, <12 SF) EA 4 715-1-11 LIGHTING CONDUCTORS (F & I) (INSULATED, No. 10 OR <) LF 1,914 715-5-31 LUMINAIRE & BRACKET ARM (F&I) (ALUMINUM) EA 4 LANDSCAPE & IRRIGATION **570-1-2B PERFORMANCE TURF (SOD) (ST AUGUSTINE 'FLORATAM') SY 16,606 **580-1-1 LANDSCAPE (SMALL PLANTS) LS 1 **580-1-2 LANDSCAPE (LARGE PLANTS) LS 1 **580-12-10 FLORA -MULCH (3" DEPTH) CY 700 **162-1-3 PREPARED SOIL LAYER (SPECIAL DEPTH) CY 950 **590-70 IRRIGATION COMPLETE LS 1 UTILITIES *999-113 RECORD/ AS -BUILT DRAWINGS (IRC UTILITY) LS 1 **1050-31-204 UTILITY PIPE - PVC (4" FM) (F & 1) LF 591 **1050-31-206 UTILITY PIPE - PVC (6" WM) (F & 1) LF 209 **1050-31-212 UTILITY PIPE - PVC (12" WM) (F & 1) LF 147 **1050-31-216 UTILITY PIPE - PVC (16" WM) (F & 1) LF 200 **1055-51-116 UTILITY FITTING - 16" 45 DEGREE DI BEND (FM) EA 16 **1055-51-512 UTILITY FITTING - 12" BLIND FLANGE (WM) EA 2 **1080-11-403 UTILITY FIXTURE - 12"x16" TAPPING SADDLE & SLEEVE (WM) EA 2 **1080-24-106 UTILITY FIXTURE - 6" GATE VALVE (WM) EA 3 **1080-24-112 UTILITY FIXTURE - 12" GATE VALVE (WM) EA 2 **1080-11-415 UTILITY FIXTURE - 2" TEMPORARY JUMPER VALVE ASSEMBLY EA 4 276 EXHIBIT A DELIVERABLES 66th Avenue from 69th Street to SR -510 /85th Street FM# 436379-2-54-01 ITEM NO. DESCRIPTION Unit Quantity **1080-27116 UTILITY FIXTURE - 16" LINE STOP (WM) EA 8 **1080-26-102 UTILITY FIXTURE - AIR RELEASE VALVE EA 2 **1644-113-08 FIRE HYDRANT ASSEMBLY (F&I) EA 3 **1644-700 FIRE HYDRANT ASSEMBLY (ADJUST & MODIFY) EA 1 **999-25A FORCE ACCOUNT - UTILITIES LS 1 **999-1 1CONSTRUCTION LAYOUT/ RECORD DRAWINGS LS 1 **999-25 1 FORCE ACCOUNT/CONTINGENCY LS 1 ** non participating items CEI CLASSIFICATIONS Sr. Project Engineer (SPE) Project Administrator (PA) Assistant ProjectAdministrator (APA) Sr. Inspector Inspector Inspector's Aide Contract Support Specialist (CSS) 277 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services/ Human Services Date: January 09, 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: aW 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. 278 ATTACHMENTS: Children's Services Advisory Committee Guidebook APPROVED AGENDA ITEM FOR JANUARY 9, 2024 279 CHILDREN'S SERVICES ADVISORY COMMITTEE n[o mg@l Ordinance 2022-007 Revised and Adopted on December 5, 2023 ,0. x'11 r - r 119 I J TABLE OF CONTENT,$ 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 C7 C 0 ln�nl 0 is Page )K �IR lT( 13 W ori 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. I 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. S. Recommend standards for evidence -based, measurable outcomes within the Request for Proposal, and monitor the agencies for actual performance on agreed upon standards. r 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. E 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. JAENDMENT A6DD U'1tfF[DD&UUHG(� FL 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. 0 I CI I I MWIN] PURPOSE, DEFINITIONS, OBJECTIVES & POLICIES PURPOSE This guide is to assist the Children's Services Advisory Committee through the planning process and procedures that lead to decisions on development of programs funded by the Board of County Commissioners to promote the health and well-being of children in the community. A formal needs assessment process will identify gaps in children's services. The Children's Services Advisory Committee will recommend program planning and funding to the Board of County Commissioners. DEFINITIONS The following terms and definitions are to aid in interpreting this manual. A. Advisory Committee: Any group by whatever name created by a specific act of the Board of County Commissioners as an adjunct to the Board to provide advice or recommendations and policy alternatives. B. Asset Mapping: Identification of services provided within the community by agencies. Includes locations, number served, unmet and under -met needs. C. Children: Any person who has not attained the age of 18 years, also minor. D. Children's Services Plan: Plan of program operation' and administration that `detcribesth4 manner in which the Children's Services Advisory Committee intends to implement and operate all aspects of program administration within its jurisdiction in accordance with Ordinance No. 2022-007. E. Collaboration: Working together for a stronger, more effective program. F. Endowment: The act of settling a fund, or permanent pecuniary provision, for the maintenance of a public institution, charity, college etc. C. Ex -Officio: From office; by virtue of the office; without any other warrant or appointment than that resulting from the holding of a particular office. H. Family: A group of individuals with children who are living together as one economic unit, except that residents of a homeless facility or an institution shall not all be considered as members of a single family. I. Health Services: Ongoing routine pediatric care for preventive and acute illnesses and referral for treatment. J. Homeless Children: Children who lack a fixed and regular nighttime residence or whose primary nighttime residence is a publicly or privately operated supervised shelter. image 5 , l .:.Measurable Outcomes: outcomes that can be quantified from the services delivered. L Need Assessmen A comprehensive county -wide evaluati6h 0children's needs, which includes a qualitative summary of programs, services, and activities serving children, �r M•Hon- Agency: A private agency that.is exempt '1" inCfllrl@ t$7c undue theinterrml RevefrueCode , 00 954. as amended, . k P,artne{ship& A voluntary contract between woor mom competent persons.to place their money, effecM labor, orsome.orallofthem in lawful buslnesswft, the understancft-ttthereshalI be proportional sharing of profits and losses. O. Priority of Needs: Children s needs identified. for Amding d in descending order of priority. M P. bran. Program tOrAces designed tovhOet uruvwt and -met needs in 8 rdance with tie goads and objectives"ofthe Children's Services AdvbdryC wtrtfftffi . I@St,fiof' Rr sa1:,AfbrMa1lprocessto request agencies to submit programs to address identified unmet or under met needs. R. Standardized Outcomes: A goal or benchrnb.rk used to*VWate the effectllv4iness of a program.: S. survey_:►topilc=specific tool used to"veriidy the Reeds of requested sahOlcestarchilldrenih Indian Rivet County. T. Under -met Needs: bleedsIdentified in a eof a j -that have beenpartiallIn term of a portion of services provided to the total tufa or total services � of telae , ty pr �;a. corrrf»unity. U.JJpJW S : A system of services that are offered ht"000sorrf list a variety of encs .: p+Dums indian'RIVer County $oar+d"ofCAuntyCornn*Woners vvfflconsldwrecommendatlons presented by the Children's Services Advisory Co i€ kw pr'ograrywt'hathave been -shown to be needed for the children of -Indian River County when: recommendations awe consistent with the objectives as set forth by the Children's Services Advisory Comrntttee. Ttw "County's policy is .to consider ftmdingcrf programs- a rte+adt a :, nt has heart" completed and the Children's Services Advisiocy ComWdfto has reviewed, and priorkizedtho:programs Chet are needed by the children in Indian River C y+.. This pfncess VXdd be dote 'with -the hwalve m e n t of agencies pfvAding programs -for the Board of County Captmissioners at least ahree years with interim surveys done as. needed: All functions of th* Chi's Services :Adam Committee are done as recommendations .to the Board of"CountyCor Missioners. It is the policy the Boardof County Commissioners to work irt:a cooperad>re venture with such entities including. but not limited to, ot-profit and. not-ftp it organizations, nkink, ipalities within Indian RiverCounty, the Indian Rim Count iSd)ool 9owd: and "public agencies e,. Department, of Health,. Children & Famfflow Juvenile 3ust a *t.c.1.410-se Officials listed below are responsible.ft.0te functionsindicated: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION„EQ,S: 1.Approves policies, procedures, and priorities based upon 'recommendat orfs Morn the Childre#Vs Services Advisory Committee. 2. Approves in writing mythose children's programs or agencies pr6posed.by the ChlldrerVs.. Services Advisory; Committee and may approve or delete any program:' & Authorizes:aril financial measures ind"nggrant applications and receipt Oft for.carrAV Ott funding of services. : +4�, des final approval of all Children's Services AdvisoryComlmittee recommended contracts and documents. S. Appro0es the annual budget for Children's $des Advisory Committee programs, as wel I as +expenses necessary to staff the Exec uthe Of ice a Appoints members to the Children's Services AdviiSmy Committee. Cl jUMEN'SSERViCES AMEORYCOMMITTEE Membership. shall consist of fifteen )15) members appointed by the andian River: County, of County Commissioners, in accordance with the provisions ofCourdyO nanciet4la2022-007. -.-,.AP T-ER.:H IEbS ASSESSMENT, PfRITIES & PLANNING =" NEEL3►S ASSESSMEN? ....:' Th e Needs Assement sl tail indhe a +c^npie +ctrntyde evaluation of chrin's services to produce a qual"rtativesumrmary of existing teems, services, activities, asset mapping, and identification of unmet and under -gnat needs. A Needs Assessment shat a every three (3). years with annual updates. This docurnernt may !"dude resultsof assessments an$ l veys done by bther.agencies, n Indian RiverCornty. The fprrmatof#reaury shall include all ar *f services to lnd River County children and will utilizea systeMadc approach to Medi anti understand the unmet and undermet needs of children. Asset Mapping shall beconducted for the identification Of -programs, servicft.O l activities currently in place in the county. This process identifies the location, qumber of individuals served, and potential waking lists for unmet needs. Targeted surveys mayberequested peri odicatiy Nthey are too -specific and needed to veri fy a service priority for Indian River Cou pri ry my children: The request should be written and - presented to the Children's Services Advisory Committee. If approvedi'tl a survey wiI l be develo pod and completed. The results of the sunne7r wiU then be used to v**the gleed and will be incorporated into the overall vision for future funding recomrraer e1-- to the ward of Coun ' CAN, lrlriissioners. 286 age CHAP -TER: IFUNDING/FINANCING, AD VALOREM TAXES, GRANTS, GIFTS/ENDOWMENTS FUNDING 1 FINANCING An important component of Children's Services;Adeisory Committee is its dation of allocation of !funds for programs to provide services based.upon identified:.; non In light oftheir goals and objectives. the Children's Services Advisory Cornmittee has the: resporiisiiafl..V mate the agencies applying for funding; The Children's Services Advisory C©runittee ►wai#t#y to apply for grants and serve as a resource'forotheragencies applying for grantLThe Chit "s Services Advisory Committee has the abiility, through the Board of Counly-Commissio04r%toaccept9ft and endowments from individuals to fund program tirlaet are v Athin the tof itsplarand. Needs Assessment. In this chapter. funding and i andng-alternatives am �t zed. IIIA VVALORI M TABS Ad valorem taxes are based on the appraised value of real property. Suchaaxi.t are general ly assessed An mills; thousandths of a dollar of waste. The state mandated middage cap i$ #Orriifls per local government, excluding voted millage. The of CountyCerir missionem allow ad valorem tax revenues to be used for bath operating and capital. expenditures. The trp $ m i I I a g e in the third year program funding has been set for chAldren'e ces by the,Board of County emission ars. fiRAl�i'fS: _ : '.'Through the:approval of the Sowt! of County,C*mmlssioners. the ildren't r s Advisory Committee may ap y.forgrants. The Children's Services Advisory C rhmitto ay apply forgrants when there As more than one agency. involved in the del iveryof the s " funding frodm.a non - taxing source, arh r .OrpUbi c. The second possibility that might bouse0ld he the Children's Services Ad Committee to a for the funds to a for ? PPIY pay spa > r sand then ; request prop sals fry agencies fbir thl funiding. The Human Services Mang would have the responsibilkyof monitoring those agencies receiving grants where theChildren's Services Advisory Committee had any involvement in funding grants. The Children's Services Ail"lyiscrryCommittee shall not be a provider of services. With approval of the Children's Services AdvisollyComrnittee, the Human SerwasManageir may provide technical assistance to agencies when they are applying for grants, osis though are not applying for grants funded through the Board of County Commission. GIFTS OR ENDOWMENTS If at anytime the citizens of Indian River County choose to+give gifts or end�en s°to the:Childrows Services Advisory Committee ;through the Board. .ofC:ounWCommissioners, then the Children's Services Advisory Committee could accept gifts or endrrvt to enhance the funding' by the Board of: County Commissioners through ad valorem takes. The Children's Services.Advisory Committee was established to provide services through the arc! valorem taxes and.other sou roes VAll be used to enhance those tax dollars. age 9 PHASE 1: Needs Assessment and Asset Mapping Timeline: July -December • Annual Policy & Objective Review ol Annual Children's Services Advisory Committee Gude Review Discussion on non tax dollar funding sources Product: Report to Board of County Commissioners on needs assessment, changes to Children's Services Advisory Committee Guide, Policy/Objectives, Funding Sources other than'takdollars. PHASE 2: Compilation of Services Identified in Needs Assessment or Surveys Timeline: November - January • Ranking of Services needed for the next funding cycle Product: Report to Board of County Commissionemon identified needs and ranking by the Children's Services Advisory Committee and suggested program areas to ended. PHASE 3: Writing and Advertising of Request For Proposal Timeline: December - March • The Grant Sub -Committee will conduct a review of programs funded dung the previous and current year. Product: Report to the Board of County Commissioners on completed Request P6rftoposai and on grant performance. Timeline: January/February • Present Annual Report to Board of County tornm ssioners Timeline:3une Product: Grant Review and Program Subcommittee creation of list of selected progts and notification to agencies not selected Product: Short list of applications selected by the Children's Services Advisory Corntrifttei. PHASE 4: Evaluation of the completed Requests For Proposal Timeline: July • Make final list of programs to be recommended for funding to the Board ofCou.nty-: Commissioners Product: Report to Board of County Commissioners on programs recommended for -funding. 290 PHASE 1i NE90S ASSESSMENT The first phase of the Children's Seririces:AdvNory Committee planning prowl wlii be t'he development of a tool, which A. give a comprehensive overviewof aii ohildrsn.aEeiruices.one methodology that can be used is the PATCH prop ram. Methodology chosen by the Children's Services Advisory Committee Needs Assessment Subcommittee must include a I I service,areaswithassot mapping to assess socioeconomic, physical, mentali. social, emotional, environm t : and educational health. This prai6 will determine what. tis we ava i l a b l e and In'What quality, and' quantify if they are being provided to the children of Indian 1Riiver Cou nty. This review shall occur in allme frame to meet recommendati6n deasdi to the Bowd ;ount Commissioners for rliscal year budgeting, as suggested in Chart M.'An update tothe Needs Assessment shall be doge every three years with surveys conducted asneeded. :The Cfdldrm',s Services AdvisoryCommitteeGuide shall be reviewed by the.Children's Services Advisory. Committee arad staff arm y, 'Merrabersi changes and Soardimunbw terms shall be reviewed along with purpose, .,Mies, Ccrrrurtif es,'Meedng t1rnes,a;*r1l0ces, funding, and agreements as needed, i PHASE Z: COMPILATI N1 OF SERVICE$ AN D RANKING TId3 second phase of the. Children's Services Ad csfm ttee I a n nin ­ .. pts wilt be tl u� cornpilation of the Needs meat and, #morn that in trument, will come t lra ation to .prime the ranking of needed services. This phase will be done by the Needs rtsent. Subcommittee. The'Su omrrdax*vWfl present results of the Needs Assessmentto #hieCh ldren's SeMces Advisory Committee who will then prepare a report to. the Board of r ►mmissioners for presentation in.December. The report will include program areas:reC r m. ed for funding. I PHASE 3; WRITING ANDADVEiRTISING FOR REQUESTS FOR PAOPOWW & A R"T*0Ii'V lOGRAMS FUNDED FOR PRIOR YEAR The third phase of the Children's Services AdvistayC tnaittee plan mss wiI l be the writing and advertising of the Request For Proposal for each identified arm dwCi dren's Services Advisory Committee has agreed is in need of additional programs. TheC"ht:R ewand Program'Subcornmittee will reviewthe programs fiar idinathe"pre vious to see that each program it progressing in the manner thatwas agreed.to-In aipp kation. The purpose of this review is to identify if the program should be funded again. The final draft of the,Request Foir Proposal for each program shah be presented to the Children's Services Advisory Corn mi littoe for approval:' PHASE 4; EVALUATION OF REQUEST FOR PROPOSALS; RECOMMENDED FUND1111011101HE BOARD OF COUNTY COMMISSIONERS The Grant Review and Program; Subcommittee wiI l review all comfeted Requests far. oraposal acrd ale a priority listing witheach. program for the Children's Services Advisory Commftt+ .in:turn the Children's Services Advisory Committee will ale a priority listing to vqvitwinkrInend funding by. the Board of CountyCorr missioners cle 1 CSAC ADVISORY COMMITTEE MEMBERS 0 � 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 children in Indian River County to the Board of County Commissioners for funding based the approved budge: !)y the Board of County Commissioners. Page 13 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, 5 Superintendent of Schools: Ex -Officio 13 Katie Mieras, Appointee: District 3 Dr. Kyra Schafte, Designee 6 Sherriff Eric Flowers, Law Enforcement: 14 Hope Woodhouse, Appointee: District 5 Ex -Officio Doug DeMuth, Accountant, certified 7 Judge Victoria Griffin, Judge: Ex -Officio 15 1 financial officer, certified financial planner or 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 children in Indian River County to the Board of County Commissioners for funding based the approved budge: !)y the Board of County Commissioners. Page 13 CSAC NEEDS ASSESSMENT & PLANNING SUBCOMMITTEE MEMBERS a Name Hope Woodhouse, Chair Carrie Lester Brian McMahon Autumn Schneider 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. CSAC GRANT REVIEW & PROGRAM S MEMBEKZ' 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 5 Michael Kint 13 Angela Jones 6 Sherri Kolodziejczak 14 David Erickson 7 Susan Aguirre 15 Pilar Greto 8 Dr. Deborah Taylor-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 Children County Services Advisory Committee SUNSHINE LAW M �� X 8 INDIAN RIVER COUNTY, FLORIDA fif, Mr, [01IT_L`U111►IF, l TO: Board of County Commissioners THROUGH: John Titkanich, Jr. County Administrator FROM: Eric Charest, Interim Natural Resources Director SUBJECT: Amendment No. 2— FDEP Grant Agreement No. 191R3 (Vero Beach Restoration— Beach Management Sector 5) DATE: December 13, 2023 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2019/2020 funding to assist eligible governmental entities with beach erosion control activities under the Florida Beach Management Funding Assistance Program. On September 26, 2019, FDEP entered into Local Government Funding Request (LGFR) Grant Agreement No. 191R3 with Indian River County; committing up to $821,833, at a variable cost share ratio, for feasibility, design and construction phase costs associated with a Sector 5 Beach and Dune Restoration Project. On April 29, 2020, Grant Agreement 191R3 was amended by the FDEP to increase amount of funding by $926,918.00. Amendment No. 1 increased the total eligible grant project costs under LGFR 191R3 to $1,748,751 at a task identified cost share ratio ranging from 46.65% to 50% State and 50% to 53.35% Local. On July 29, 2022, County staff requested the FDEP issue an extension to the terms of Grant 191R3. 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 191R3 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. 2 maintains the same funding total in Grant 191R3 and also extends the Task End Dates through to June 30, 2025, reflecting a nineteen (19) month extension to the deadlines for the completion of all tasks and submittal of deliverables. The FDEP granted extension is anticipated to allowtime 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 $1,748,751.00 in cost -share funding to the County's local cost share of up to $1,997,595.61 for feasibility study, design/permitting, and construction related expenses for the 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. 297 FDEP Grant 191R3 Amendment #2 January 9, 2024 BCC Meeting RECOMMENDATION Staff recommends the Board approve FDEP Amendment No. 2 to FDEP LGFR Grant Agreement No. 191R3 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. Upon receipt of the fully executed FDEP Grant Agreement 191R3 Amendment No. 2 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. ATTACHMENTS 1. FDEP Grant Agreement 191R3—A2 APPROVED AGENDA ITEM FOR: JANUARY 9, 2024 298 AMENDMENT NO.2 TO AGREEMENT NO. 191R3 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment, to Agreement No. 19183 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 27' 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 feasibility, design and construction effective September 26, 2019; and WHEREAS, the parties agree that project funds currently listed in Exhibit 1 to Attachment 5-A of this Agreement have, in part, been shifted to a new trust fund, which will be utilized after full execution of this Amendment to fund all remaining project activities; 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 nineteen (19) month period to begin December 1, 2023, and remain in effect until June 30, 2025. 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-A, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-B, Second 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-B, Second Revised Grant Work Plan. 5) Attachment 5-A, Revised Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment 5-B, Second Revised Special Audit Requirements, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 5 shall hereinafter refer to Attachment 5-B, Second Revised Special Audit Requirements. 6) 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 Florida Department of Environmental Protection 0 Title: LI -A Secretary or Designee 299 Date: Date: 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 Secorid Revised Grant Work Plan (4 pages) Attachment 5-13 Second Revised Special Audit Requirements (7 Pages) 300 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 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 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 301 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 I% 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 302 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: hqs://www.myfloridacfo.com/docs-sf/accountine-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: hgps:Hfloridaj obs. org/community-planning-and-development/rural-communiiy_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 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 303 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/judgement-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 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 304 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 305 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 306 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 307 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 308 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 309 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: hqps://www.ppa.gov/invest/invesfing-america-signage. 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 310 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: httt):Hdos.myflorida.com/libLW-archives/records-mana eg ment/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: 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 311 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 312 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 313 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Terms and Conditions AGREEMENT NO. 19123 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 Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods 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. 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 Attachment 2-A 1 of 3 Rev. 8/8/2023 314 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 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. 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 Attachment 2-A 2of3 Rev. 8/8/2023 315 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 316 ATTACHMENT 3-B SECOND REVISED GRANT WORK PLAN PROJECT TITLE: Vero Beach Restoration 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 3.07 miles of critically eroded shoreline between DEP reference monuments R-70 and R-86 in Indian River County. The County conducted a feasibility study and recently received federal and state permits for the restoration project. PROJECT DESCRIPTION: The Project consists of feasibility, design and construction. 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 $1,748,751.00 for this Project or up to 46.65 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: https://floridadep. gov/sites/default/files/PhysicalMonitoringStandards.]2 One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Acronyms: DEM — Department of Emergency Management DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code DEP Agreement No. 19IR3 Amendment 2, Attachment 3-B, Page 1 of 4 317 FEMA — Federal Emergency Management Agency F.S. — Florida Statutes 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: Feasibility Study Task Description: The Local Sponsor will acquire professional services for activities necessary to determine the feasibility of the proposed Project or Project -related improvements necessary to accomplish Department -approved goals and strategies. Deliverable: Certification of Completion including documentation of submittal affirming that the final feasibility report 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. Task 2: Design and Permitting 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. DEP Agreement No. 191R3 Amendment 2, Attachment 3-13, Page 2 of 4 318 Task 3: 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. Estimated Eligible Project Cost Task # Eligible Project Tasks State Cost har Share Federal Estimated Project Costs DEP Local Total 1 Feasibility Study 50.00% $0.00 $16,124.00 $16,124.00 $32,248.00 2 Design and Permitting 46.65% $0.00 $109,029.33 $124,688.42 $233,717.75 3 Construction 46.65% 1 $1,030,156.13 $1,623,597.67 $1,856,783.19 $4,510,536.99 TOTAL PROJECT COSTS $1,030,156.13 $1,748,751.00 $1,997,595.61 $4,776,502.74 Note: The federal share includes FEMA and DEM. DEP Agreement No. 19183 Amendment 2, Attachment 3-B, Page 3 of 4 319 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 Feasibility Study Contractual Services $16,124.00 1/1/2016 3/1/2025 2 Design and Permitting Contractual Services $109,029.33 1/1/2016 3/1/2025 3 1 Construction Contractual Services $1,623,597.67 1 1/1/2016 3/1/2025 Total: $1,748.751.00 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 fixture. This should be a consideration for the Local Sponsor with this and fixture requests for extension. DEP Agreement No. 191R3 Amendment 2, Attachment 3-B, Page 4 of 4 320 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Second Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment 5-B The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department", 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the 'Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 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 Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hgps://sam.gov/content/assistance-listings. Attachment 5-11 1 of 7 BGS -DEP 55-215 revised 11/8/2022 321 PART IL• STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at haps://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hgp://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at hgp://www.myflorida.com/, Department of Financial Services' Website at hgp://www.fldfs.com/and the Auditor General's Website at http://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIItEMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBNIISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient dir• ectly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5-B 2 of 7 BGS -DEP 55-215 revised 11/8/2022 322 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(adep.state. fl.us 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 (http://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(&dep.state. fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5-B 3 of 7 BGS -DEP 55-215 revised 11/8/2022 323 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5-B 4 of 7 BGS -DEP 55-215 revised 11/8/2022 324 0 vim.. w • O O W � p3 t O w N U4y P O a a o a ss, o 7 � P w ¢U ¢U � o b a W •� O a W rr O y N w O w U h U O O N N H H � A A o h U U .n O U � d h U U O w a w v�ww •o e d d � c oa wa: wa a O Q b d _d � w w d L H rd w � Fly a d w • d tn N M W � O w N U4y P a a 7 � P w a a W •� O a W rr O y N O U h U � U U w v�ww w v�ww •o e d � c oa wa: wa d tn N M a t3 a a ai N M O O O �0 O .O+ O N N O N N N N � � �U QU 8 L � a Q Q w Q ¢ ami C O O � V7 GTi b N ¢ b ' N ooc� Q p 00 00 00 69 00 64 .. 00 G b � w u w p 0 0 a tw u � H H w A a p 4. O h ani °; ani ani Cd ¢ p Q O U bc �o �o CP �' tti ed cd eC Gq ed O d ti Q Q ¢ ¢ Qo Q b A O U U iy. O en en a en as d 6> a a M M � ami b w b o, w 00 a N N N d N �" b co 00 M a 00 cC W O N iV. O N O N O N rn w p a ��od wa. o O 4. o ObC �oaa wa 41 0 4.. o ai N M O O .O+ O N N N N N N O w ON O O 00 00 V7 C N ¢ OMO, ' N ooc� Q p 00 00 00 69 00 64 .. 00 G b � w 669 w 0 aui rA p Q p ani °; ani ani Cd ¢ p bc �o �o �' tti ed cd eC Gq ed O v, ti Q Q ¢ ¢ Qo Q b O en en en en as M M M M U z d o, 00 a N N N N N �" b co 00 M 00 cC W O N O N O N O N O N rn w p a ii o O 4. o ObC 4. 0 41 0 4.. o gi. 3 A api A api A api A api A api � Y•p .w. .p ..�'•. y�,� •p 35 •p ..ia' •O .� Y d co .y ai N M ai t - eq M � A w � '� �N 5 ,, 00 N Y �1 00 O y� ;s Aw,'arx 69 Q U Y b tvj CN to 04 [0;Z o �U y O 10 Y3 U � U O w o m Cd N �d 3U Ob is ?� Cd a ° a'b w c. o Cs vWr 0 w n 04 1.4 •`.S '� N •� cC O•Obi O � � � 'b m cv > 0E yam a"�'o\a�n of � 0 y. ai t - eq M INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Date: December 8, 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: License Agreement dated January 9, 2024 — Southeastern Fastpitch Inc. BACKGROUND: Southeastern Fastpitch Inc. is a for profit corporation in Florida that provides affordable, competitive, and accessible travel softball tournaments to all levels of players in the Southeast. In October of 2022, they approached the County about the possibility of hosting tournaments at Dick Bird (South County) Regional Park. Russell Pierce, the president and CEO, met with staff as well as representatives from Play Treasure Coast about the feasibility of hosting girls competitive fast pitch softball tournaments at this facility. Following the tour of the facility, Mr. Pierce agreed that the Park would be an ideal location for his softball tournaments because of its central location. After discussion and consideration, Play Treasure Coast chose to work with Mr. Pierce and provided grants to Southeastern Fast Pitch for tournaments held on January 28-29, March 3-4, April 15-16, May 13-14, July 1-2, September 9-10, September 30 — October 1 of 2023. As the fiscal year was ending, Play Treasure Coast informed Mr. Pierce that they could not fully fund his tournaments and that he would have to work directly with staff to reserve the facility for his tournaments. Mr. Pierce coordinated directly with the Parks, Recreation and Conservation Department to receive a quote for the upcoming 2024 softball tournament series. DESCRIPTION AND CONDITIONS: County staff have met and discussed the 2024 tournament schedule and can accommodate the requested dates and services requested shown in the attached draft License Agreement and Fee Schedule. This License Agreement proposes a "bulk rental" discount reducing the total amount of field rental costs by 25%. All other services including lights, field prep, fencing, and staff are at the regular rate. The ballfield cost of each tournament weekend with the 25% bulk discount would be $900.00 for two days as shown in the attached Fee Schedule. Total weekend fees vary as shown. The License Agreement outlines the terms and conditions of the use of the fields and allows for concession sales onsite at no additional charge provided a Special Event Permit has been obtained. The tournament schedule requested is as follows: January 27-28, 2024 February 10-11,2024 February 24-25, 2024 328 March 2-3, 2024 March 30-31, 2024 April 6-7, 2024 April 27-28, 2024 May 25-26, 2024 June 1-2, 2024 June 29-30, 2024 July 20-21, 2024 August 3-4, 2024 September 28-29, 2024 December 7-8, 2024 FUNDING: Projected revenue from the approval of this License Agreement is anticipated to generate $59,040 and will deposited into the MSTU Fund/Service Charges/South County Rentals account as shown below. Accoent Descrl ti�a ,e ... Avoinkt Number int South County Rentals 004034-347219 $59,040.00 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the Parks Recreation & Conservation License Agreement with Southeastern Fast Pitch Inc. and authorize the Chairman to execute the agreement after review and approval by the County Attorney. ATTACHMENTS: Indian River County Parks Recreation & Conservation License Agreement dated January 9, 2024 — Southeastern Fastpitch Inc. with Attachments APPROVED AGENDA ITEM FOR JANUARY, 9,202 329 INDIAN RIVER COUNTY PARKS RECREATION & CONSERVATION LICENSE AGREEMENT Effective Date: January 9, 2024 Organization: Southeastern Fastpitch Inc. Address: 450 Dancing Water Drive City/State/Zip code: Winter Springs, FL 32708 Name of Event: Southeastern Fast Pitch Softball Tournaments Event Time: All Day Load -In Date/time: 5:00 a.m. License Duration: Various dates see attached Fee Schedule Contact Name: Russell Pierce Phone: 407-575-9752 E -Mail: russell@southeasternfastpitch.com Expected Varied Attendance: Load -Out 11:00 P.M. Date/Time: WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Dick Bird (South County) Regional Park, and subsequent four (4) field softball complex within the Park, located in Indian River County, Florida, (the `Ballfields"); and WHEREAS, the County has the authority to issue and/or execute, and Southeastern Fastpitch Inc., (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the Ballfields, 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 Ballfields 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 Ballfields 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: Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 1 of 11 Initials 330 A. PARK, PREMISES & EVENT SCHEDULE: 1. This Indian River County Parks, Recreation & Conservation License Agreement ("License Agreement") applies to the use of the Dick Bird (South County) Regional Park Ballfields (`Ballfields"). The areas, personnel and facilities of the Ballfields which Applicant may apply for a permit, license, or use hereunder are more particularly described as the "Premises" shown in Exhibit B 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 5:00 am on the first day of each tournament, and ending at 11:59 pm on the Sunday day of each tournament weekend ("License Duration"), which License Duration shall include set- up, removal and clean-up of Applicant's 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 2024 Southeastern Fastpitch Softball Tournament Season (the "Events"). (a) The Events may include the following activities: Girls softball tournaments and concession sales as permitted through a Parks Special Event Permit (per weekend) (b) Hours covered under the License Agreement/License Duration are from 5:OOam to 11:59pm. Tournament play must be finished no later than 11:OOpm each day. All property owned by the Applicant or his subcontractors must be removed from the property no later than 11:59pm otherwise additional fees may be assessed. (c) The Events 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 each 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 $59,040.00, 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. An Event Deposit of $1,000 ("Event Deposit"), will be or has been collected from the Applicant in order to secure the Ballfields for the Events. The balance of the rental fee for each tournament and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due fourteen (14) days prior to the scheduled date of each tournament weekend. Any Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 2 of 11 Initials 331 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.1.b. (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 Ballfields that directly or indirectly result from the Events, 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. The County's use of the Event 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. An Event Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the last tournament held December 7 and 8, 2024. 3. The Applicant shall provide to the County information as to the total number of teams registered and the start and anticipated end times of games seven (7) business days prior to the start of each tournament. 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 Events. 5. 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 each tournament, as described in Exhibit B, shall be paid in full fourteen (14) days prior to the start of each 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. 8. 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 each tournament date. Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 3 of 11 Initials 332 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 Deputy County Administrator or his/her designee. 11. In the event that the Premises or any other portion of the Ballfields 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. Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 4 of 11 Initials 333 (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. (e) acknowledges that in the event that the Premises' Thorguard lightning detection system sounds an alarm warning the public about the proximity of lightning in the area, the Applicant will stop play and clear the fields 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 Ballfields 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: Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page S of 11 Initials 334 Procure and maintain at Applicant's sole expense, insurance of the types, coverages and amounts not less than stated below: r Schedule I Limits I Commercial General Liability — No more restrictive than J$ 1,000,000 Each Occurrence Combined ISO Form CG0001 (including property damage, 3 Single Limit 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 1$500,000 Combined Single Limit 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 Florida Statutory Coverage, 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. 'Employer's Liability $100,000 Each Accident $500,000 Disease Policy Limit 1$100,000 Each Employee/Disease In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 6 of 11 Initials 335 Professional Liability (Errors and Omissions) 1$1,000,000 Each Occurrence/Claim ] In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: Sexual Molestation Liability $1,000,000 Each Occurrence/Claim (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. (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. Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 7 of 11 Initials 336 (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 fifteen (15) 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. 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 date of each tournament of the License Agreement Duration 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 or applied to the next tournament date. (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 the next 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, Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 8 of 11 Initials 337 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 Ballfields 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. 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. Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 9 of 11 Initials 338 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 Ballfields 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 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 Attn: Gustavo Vergara, Assistant Director 1590 9b Street SW Vero Beach, FL 32962 Applicant: Name: Address: Email: 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. Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 10 of 11 Initials 339 IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this License Agreement on this 9t' day of January, 2024. APPLICANT: LIM Person, Affiliation/Position ATTEST: M. Ryan L. Butler Clerk of Court and Comptroller Approved as to form and legal sufficiency: William K. DeBraal, County Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA M. Susan Adams, Chairman Approved by BCC: Indian River County Parks, Recreation & Conservation License Agreement Southeastern Fastpitch Inc. Page 11 of 11 2024. Initials 340 "�, --z 021w mr- ifft, "t"AlL - - **-, - . - -11 -- - - �- , - - - . 1. - - I I 1 -90 N M N 4! X O 0. L ai Q fII E w L Q Q < dv N U- 4J E O _ N -o U N X Tm m 'X N0 Y 0J = V O aj j O v ro N > V x CL N > 0) QJ O U 0J00 C 0J N 00 U- N N L.L Q C Y U N N �-- Q Q N 010J C OJ u- t� CC Q < C U iJ -Q N LJ E c9 cn �_ cu , m�- O LJ O L N Q N �o aJ 4! > L u Y W N E W L u ql.v C Qx Q L N V 0)f L x L1 M U 01 00 W U m J W f— Ln V O m W 0J 01 0D O O CL 0N W W W O L N I— O \ \ \ \ \ \ \ >` O j} C U >� O j} 0 u O 0 u O j} 'mO y @) t/} CaJ C O t @) tot�j} CJ O Ud CaJ O �J \ V1 VI N !n \ W \\ zT \ O \ v O t\ v O \ v p Ln i!} ? t0 -0 C to A f0 -0 O to L "O c th a .� ,v m .� (D N N Itt N 'CT N vi Ln Ln E E E E N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 0 0 0 lD O O O 0 0 0 LD 0 0 0 0 0 0 LD C O O Cc m 00 lD -e M lD .--I 4e 41 00 w d• m w r R m 00 w -e m w c -I -* m 00 to to -Ln -tn to to to to V -j- a to to ih to to to to (n to O O o 0 0 0 0 0 0 o O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O C O lD O O O 0 0 KT 0 I.D O O O 0 0 le 0 tD 0 0 0 O O N 00 w d• m w a -i N N 00 w -e cn w r n N 00 w It M w -- n N 00 r -i to t!} to to to to r -i to to to to to to r -i to to v1 to N in to N M N 4! X O 0. L ai Q fII E w L Q Q < dv N U- 4J E O _ N -o f0 N X Tm m 'X N0 Y 0J = N D O aj j O v ro N > x CL N > 0) QJ O O 0J00 +� 0J N 00 U- N N L.L Q Q Y U N N �-- Q Q N 010J OJ u- t� CC Q < Y U ++ -Q N f0 E c9 cn �_ C , m�- O f0 O N N Q N �o aJ 4! > Y W N E W ++ ql.v C Qx Q N 0)f L x L1 M E 01 00 W W m J W f— Ln m W 0J 01 0D O O CL 0N W W W J W N I— N M N 01 X O 0. L ai Q fII E w L Q Q < 0J V YU N U- 4J O _ N -o f0 X Tm m N0 p (D 0J = N D o N aj j O v ro N > x CL Q > 0) QJ W 01 0J00 +� 0J N N U- N N L.L Li -J Q Y U ++ N �-- L CC !6 C O v CL L c9 cn O f0 N Q aJ 4! > x E W ql.v �+ L aj M 0J 01 00 W W J W f— Ln N M 01 X O 0. L ai Q Y L j > w Q Q < 0J V YU N U- 4J _ N -o f0 Tm m Ln p (D 0J = N D o N n. O v ro N > x v E c W 01 0J00 +� uM L.L Li -J W N �-- N M M M U U U C C C 7 7 7 U U U U U U L L L L O u O Ln O C14 u O O V O Lr) O C4 u O @j @j O @j @J O @) @i O "O \ "O \ 'O L N L a) a) N L a) v L aJ bD L \ a/ L fD L� L Mw aJ L fp u m L \ O0 '} N L \ Ln U T \ \ \ h U 2 0O \ U \ U ? - C O "O C trF V) "O C t/? in _O O Q, O Ln > N E +� N O N v E 41 N O cu N E 4� N al O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O t0 O O O Como LD O O .�t O O w O LO 0 0 q* CONO LD lD Ol lD rl m w lt:r d m LD c -I N m w RT-* m 110 e- N m w M -It Cl) t/� t/} t/} tri- th t/? to V t/1 t/} i/} t/} t/} t/} t!F '; -cn t/} t/? t/} th O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O w O O O O O w O w 0 0:1- O O w O lD 0 0 4* O O N O LD lD m LD -- N N x -zt -It M LO —1 Ln N w I�t zT m LD - l to N W m 11-P Ol t/) 'i to to -(n t/} t/} t/} d; i --I i/). t/} to t/} ih V/ i to t/} t/} t/) - a! a1 a1 aJ fII Y Y N X O L Q L O ,• Q :N X O L a L N N X O- Q L O X L a CL a1 N �d1 Q a1 v a1 fl_ aJ a1 a) = fl_ a1 O_ aJ a1 L. s CL v a1 U- Q aJ a! U- N Q Y U Q Y Lnr U ++ V)E U C -0 4L o °: a w >, ° o °' co ° o a m Ln co +� V` Ln �\ m LA ++ C7 °' N Ln .- N i C g N i C fD \ N C CL E W X CU W X cu E W '< X a1 ' E Ln bn c d D ra _ r� � c m L v C v QJ io a+ In o a n •v u m N a+ Ln v u a) iQ ++ a a+ L u O O a1 O Q O ,aJ a1 OA a1 O O_ O N .� Gp aJ O O a1 aJ dD a1 O J LL H LL LL J LL N LL LL J LL L/1 j— Ll LL J LL M M m H co 2 X w ai u c aJ L L u U U O L O O oA O N u v t4 v` c L @1 O T \ O \ rro al NV \ Ln T O V) -0 C Ln T v O -i r0 to -O N a1 E N O 0 0 0 0 0 CD 0 0 O O O O O O O O O O O O O O O O O N O LD O O 00 m 00 m -zt a 00 a, CT Ln m lD rl O ❑- Q a) Y aj U LL 41 :^ N tn t/? 'i O' v u c aJ L L u u U O L O O 00O N U v t/} c L (z3j O ro T \ OLO m a1 \ u O -O c Ln > a1 0 r -i r0 4-r� - N � al E N O O O O O O O O O O O O O O N O m m �t O O O O O O O O O O O N O LD O O 0 00 N 00 M Ol lD c -I m th to '; vi- 0 0 0 0 0 CD 0 0 i. N O O 0 L Qj Y ON O X O 0 O O O L 0 000 N w N O O a a 00 a, CT Ln m lD rl O ❑- Q a) Y aj U LL 41 :^ N tn t/? 'i O' v u c aJ L L u u U O L O O 00O N U v t/} c L (z3j O ro T \ OLO m a1 \ u O -O c Ln > a1 0 r -i r0 4-r� - N � al E N O O O O O O O O O O O O O O N O m m �t O O O O O O O O O O O N O LD O O 0 00 N 00 M Ol lD c -I m th to '; vi- cu i. N O O O ++ r0 E L Qj Y O �': C� N O " O O x o L L o O N w w O O a a 00 a, CT Ln m lD rl O ❑- Q a) Y aj U LL 41 :^ N tn t/? 'i O' U*) W E '. Cti T 0 0 ate+al Ca u N '; Ln N m -o 0 0 0 Ln v a u_ 0 ° Ln N O_ O O c Y U a1 > , 't3 x w O 1 0 O 2 w N 00 m -It u, .c c c M t0 t/} to v v_ in t/} L O +J u ai r0 tD LL LL J LL i t7 .c Ln �— v u c aJ L L u u U O L O O 00O N U v t/} c L (z3j O ro T \ OLO m a1 \ u O -O c Ln > a1 0 r -i r0 4-r� - N � al E N O O O O O O O O O O O O O O N O m m �t O O O O O O O O O O O N O LD O O 0 00 N 00 M Ol lD c -I m th to '; vi- v V c v L L u U U O ' O O � U-) N u L @) @j O Ln a0 N s al \ u O� -O c Ln T 0 N v E N al O O O O O ro r0 O L O O O O " O O O O O O N O w O O 00 Ol 00 m CT m lD rl O X Q o to N tn t/? 'i O' a, W W v LL '. \ to 0 0 a Ca u v '; N \ O 0 0 0 p v a u_ 0 0 O O O O Q Y U 4: , 't3 O N O 1 w O 2 00 N 00 m -It -- m w c M i t/} to Lf T in t/} rD7 +, O +J al a tD ro O_ N t7 .c 4 :. x c r0 c Q c CU . x ai L U E > w R a+ a1 D 00 .c c LL LL +J LL Lm L/) �— al v b0 O O_ O LL LL J LL � N v V c v L L u U U O ' O O � U-) N u L @) @j O Ln a0 N s al \ u O� -O c Ln T 0 N v E N 0 N n 'IT M v O O O O O O O O O O O O " O O O O O O N O w O O 00 Ol 00 m CT m lD rl O n i!} to to th tn t/? 'i O' a, W W v LL '. \ to 0 0 0 0 u O O O O 0 0 0 0 n II 0 0 0 0 O O O O O O O O O O N O 1 w O O 00 N 00 m -It -- m w .-1 M t/} to t/} in t/} t/). � tJ} tD O_ t/f 0 N n 'IT M v r0 � L aj N L Y L N o Q 0 n a, m O' a, W W v LL '. \ to Y u n II c r0 M n to 7 N al m N m 'O ++ tD O_ > :. x c w D c . -0 "O L U L U v R a+ a1 aJ 00 CCU: LL LL J LL f— L/) �— 0 N n 'IT M O u O O O o O O O O O u O O 00 0 O O O O u O O O O O O O O O O O O O O O O O O O O O O O O O O c O O O O O O O O O c O O O O O O O O C O O O v L O O O O O O O O O v L O O O O O N O tD aJ L O m O L u N O tD O O m COC cV -40 L u tD O O 00 CO O -:TC N L u a0 m � u w ri O m m m � m tD u O m w m � m tD ri u M W tD O L � tn AA-tn m � � m � O L N t4 � tn R � tn O t/) -v> fLp \ \ � IA- V)- � Q f0 \ \ a0 � i/'F t/} i/} Q m \ \ 4A.in C0 OO N U Q i/} ih V} R ma O O N U h0 O O N U wr./? V} C V). V�}1 C aJ {/} Al)- C \0 \ v \ 'O v `� OD _0 > 00-0 +, O +� a . 0 �_ `� W aJ L m v .� a n > aJ t m a`J -O N L m aJ N U 41u ^: aJ N u M aJ N U o c00 C O v= T -p C O c O u1 in TO -O c: O Ln v= T -O c:Ln O ri M ,v N O_ aJ ri qn m -0 .� N O_ Q) 1-1m ,� -:� N Q N LU -. L1 E N d LU cu E N .zT�1 Ln aJ m en aJ d4 Ln a E N O_ Ln C C Lp E Vf D_ In _C C fp.: E to VI ++ N C v7 N -6 _O '� L U L U N -O O O O O O o O O O O O O O O 00 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N O tD O O m O O N O tD O O m COC cV -40 tD O O 00 CO O -:TC N m a0 m � m w ri O m m m � m tD ri O m w m � m tD ri O M W tD v M � tn AA-tn m � � m � tn V) -t4 N t4 � tn R � tn � t/) -v> in vn a; � IA- V)- � Q ++ P a0 � i/'F t/} i/} Q to tn in 4A.in r -I -(n V)- in Q i/} ih V} R � i/} 0 0 0 0 aJ 0 0 o O 0 0 0 0 aJ 0 0 o O o 0 0 0 aJ 0 o O O o 0 o O 0 0 0 o +1 (O 0 0 0 O 0 0 0 0 +� (6 0000 L 0 0 0 0 f0 0000 L 0000 O o O O X o 0 o C N o 0 0 6 X 0 6 o C o 6 0 0 X 0 0 o C GS o 0 0 0 O O cV 0 O tD O O 00 N O O N O O to O O 00 O O N O O tD O O w N O O d' O N 00 m't CL m tD ri M , N 00 m -It a m tD -q m N 00 m �t a m tD ri M N a0 to -It Q ++ P a0 ri i/'F t/} i/} Q to tn in p r -I -(n V)- in Q i/} ih V} R � i/} tn? i.� aJ aJ aJ +1 (O L +� (6 L f0 L X L L N X L L -3"'C. X L L GS O Q O N O Q O O Q O N CL v v Li .r;4 , a cU Q) aJ Li �'� a QQ'i v LL.,� Q ++ • 'e a0 Q ++ Q +_ v > +, O +� a . > o O v .� a n > o O a`J m Ln (D 41u ^: 4 M o c00 C c _ V4 O_ N CDwN N O_ aJ N O_ Q) ,� -:� N Q LU -. L1 E LU cu E N .zT�1 m �t d4 b0 N O_ Ln C C Lp Vf D_ In _C C fp.: to VI C v7 -6 _O '� L U L U t0 -O -O U L O U f0 Mizi-- a, m v o aJ a - 0 v a, ti4 CoaJ v o 0 4+ o v aJ do C aJ o aJ O_ 4+ o 0) tv dL.L LL J Ll N � L.L L.LJ L.L to F- llLl J Ll Ln � LL z 0 Q w N H z LU Q Z D 0 H CO N CD O N 2 = X U H d H to Q w z crw H v1 Q w M F- D D 0 V) Y m a c 3 O u s 0 z c � 0 c o ` r .a v -0 0 0 u Ln N N m m Q O z Y m CL O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O0 O O O O O O O O tD O O O O O O O 00 00 00 00 00 00 00 O ICT m tD -I q* KT ZT -zt C1' N N 0 0 0 0 0 0 0 It O ZF --::' ct -tz� CF -,:: - C? IZF -zi -C::' ZFQ1 t/1- to t/1 t/} t/} t/} t/} to t/} t/} to V). t/? to N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O to O O O O O O O 1*-zt w w w w w w w O T' 01 tD ri 1� I� n n 1\ m m M m M M M M m 1- N V? t/} t/} VT tJ� t/} to t/} t/} to to t/} t/? In t0 ` K5; �[ N N N C' N N 4t N N [T N N N u X O O O N O N O O N O O N 0 0 0 a+ O v N N N O N O N N O N N O N N N c Q v >O > N 00 '-I 111 N ri N 00 tG N O rl N C1 tD 00 M_ v aj w N e-1 N M M N N N N M N of N\\ v QY u }' \-- \ \ \. \ \ \ -! \ \ \ \ O N c e-1 N N M M Itr to w w I, 00 m rl -4 c c c c c c c c f9 m v v m m m m m m m m m m m m m m m .r N O C h O �! N O t0 n to e -i G1 O M 00 N h c c m \ \ \ M \ C7' \ \ tC \ \ 00 \ O N OC Q1 > ri N N M to tD N M e-1 ri H 'C w Ql m C 7m -m m E u i 7 u Q1 C C am+ Y O 0- O 7 O 7 1— to F N H I Ical Exhibit C Indian River County Parks Division Rules & Regulations General Rules 1. Scheduling is conducted on a first come, first serve basis for open dates. Reservation dates may only be secured and guaranteed with a minimum 25% Deposit Fee and fully executed Agreement. Staff reserves the option to issue a placeholder deposit Agreement ("Placeholder Agreement") in lieu of a fully executed Agreement which will secure the date pending a due diligence review. Placeholder Agreements shall automatically expire 6 months prior to the scheduled event date and the reservation forfeited unless the Applicant enters into an Agreement. 2. Permits for groups composed of minors will be issued only to adults who accept responsibility for supervising them throughout the period of the permit. 3. Security Plan: a. Festival events shall present a security plan to the Indian River County Sheriff's Office Division of Law Enforcement. Approval and sign off by the Division shall be a condition precedent of the issuance of the Permit/License Agreement. b. Assigned law enforcement officials must have arresting authority in Indian River County, i.e. IRCSO, FHP etc. c. The County will determine in its sole discretion the level of security of sworn law enforcement and emergency services personnel. 4. All indoor cooking is strictly prohibited. Outdoor cooking, grilling, etc. shall be approved in advance through the event permit and fire permit process. 5. Any signage visible from the road in any county right of way requires a permit from the Code Enforcement Division prior to placement. 6. No animals are allowed unless assisting the handicapped or the event is an animal related event. 7. Alcohol is strictly prohibited except through the issuance of an Alcohol permit issued by the Parks Division. 8. Smoking on park property is strictly prohibited. 9. Under no circumstances shall any person remove any equipment or other items from the premises. 10. Facilities shall be restored to their original condition and all activities ceased by at the time referenced in the Agreement. 11. Control of all lights, thermostats and other equipment, and the locking and unlocking of doors is the responsibility of the Parks Division Staff. Staff should be notified of any special needs of the Applicant. 12. Applicant agrees to hold Indian River County, FL harmless from any and all claims for damages to persons or property resulting from their use of any facility. 13. Applicant agrees to accept facilities "as is." Applicant acknowledges responsibility for conduct of each member / guest attending event. Applicant conducts all events at their own risk. All attendees must abide by County policies. 14. Insurance requirements shall be determined at the sole discretion of the County Risk Manager. Certificates of insurance designating "Indian River County, FL" Southeastern Fastpitch License Agreement Initials Page 1 of 2 rev. 12/28/2023 347 Exhibit C as additional insured shall be presented to the County no less than 30 days prior to the event. 15. All activities shall be subject to inspection by Indian River County Offices of Fire Prevention, Health Department, Sheriff's Office, Risk Management, Traffic Control, Solid Waste Disposal District and Florida Department of Business and Professional Regulation. Southeastern Fastpitch License Agreement Initials Page 2of2 rev. 12/28/2023 348 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Conservation Lands Division Date: December 18, 2023 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: St. John's River Water Management District Cost Share Agreement Contract #38600 — Indian River County South Oslo Riverfront Conservation Area Floodplain Restoration Project BACKGROUND: The South Oslo Riverfront Conservation Area (SORCA) was acquired through cost -share funding with Florida Communities Trust. SORCA consists of three parcels: (1) the 66 -acre Salama & Emerson Tract that was acquired in 2000; (2) the 6.69 -acre "South Link" which was acquired in 2004, and serves to connect the Audubon house to SORCA; and (3) the 70 -acre Diamond Tract which was acquired in 2005. The property is located on the south side of Oslo Road directly across from the 298 -acre Oslo Riverfront Conservation Area (ORCA). Similar to ORCA, the site contains pedestrian trails and a wetland overlook. Dominant plant communities on the site include mesic pine flatwoods, coastal hammock, and estuarine wetlands. Over the past 10 years, hydrologic conditions within several of the plant communities abutting the coastline along the Indian River Lagoon (IRL) have been negatively affected by increased inundation from storms and king tides, as well as the duration of this inundation. Shifting hydroperiods have resulted in fringing coastal upland hammock communities transitioning into wetlands, with a complete loss of mature oaks and other hardwoods. The Indian River Lagoon National Estuary Program (IRLNEP) and other scientific research organizations have reported that this trend is occurring throughout the IRL. Coastal hammocks and maritime hammocks provide habitat for a wide variety of wildlife species, and many protected plants are found in these vegetative associations. The Florida Department of Environmental Protection (FDEP) has allocated extensive funding, including funding through the St. John's River Water Management District (SJRWMD), to encourage development and implementation of projects that will further resiliency and sustainability efforts along the IRL. In January 2021, staff was contacted by the SJRWMD Estuaries Section to solicit potential projects to meet these resiliency goals for the stretch of the IRL in Indian River County, specifically on conservation lands. Staff proposed a restoration project that includes the removal of the County -owned portion of the dike that separates the IRL from the impounded mangroves within SORCA. Staff have worked with SJRWMD to develop a plan to remove the dike (to the extent feasible), and re -connect wetlands west of the dike directly to the IRL. Improved exchange of waters between the open water portion of the IRL and mangroves to the west will be a great benefit to wildlife habitat, especially fisheries, in this 349 portion of the Lagoon. In addition, restoring a natural connection between the IRL and the uplands along the eastern portion of SORCA is anticipated to provide increased resiliency to uplands in the conservation area by reducing the potential for long-term inundation after storm events. One of the long-term goals for the project will be for the westernmost portions of the mangroves to transition into a high marsh habitat (which is a rare resource in this portion of the IRL). DESCRIPTION AND CONDITIONS: Throughout 2022 staff worked with the SJRWMD to provide a grant proposal to the FDEP to fund the removal of the SORCA dike and the re -connection of the impoundment. The FDEP awarded the grant to the SJRWMD in January 2023. In December 2023, the SJRWMD sent a Cost -Share Agreement to Indian River County to jointly fund the project (Contract #38600 — included as Attachment 1). Should the Board approve and execute Contract #38600, staff plan to engage Carter Associates, Inc. (CAI) under the continuing consulting engineering services contract (#2023015) to work with Ducks Unlimited (DU) on the design and engineering of the project. DU has extensive experience in habitat restoration work, and has recent experience on similar impoundment work in Brevard County. County staff, with the assistance from the project engineer, will prepare and submit any necessary permit authorizations required. FUNDING: Funding for this grant, in the amount of $50,000.00, is provided in the Capital Improvement Element of the Comprehensive Plan (CIE) that will be presented to the Board at a later date, through the Tree Ordinance/Parks/South Oslo Riverfront CA Impoundment Restoration, account number 11721072- 066510-22002. Account Description Account Number Amount Tree Ordinance/Parks/South Oslo Riverfront CA Impoundment Restoration 11721072-066510-22002 $50,000.00 RECOMMENDATION: Staff respectfully request that the Board of County Commissioners accept the South Oslo Riverfront Conservation Area Floodplain Restoration Project Cost -Share Grant and authorize the Chairman to execute the Agreement between the St. John's River Water Management District and Indian River County, Contract #38600 after review and approval by the County Attorney. ATTACHMENTS: 80Attachment 1 — Agreement between the St. John's River Water Management District and Indian River County, Contract #38600. APPROVED AGENDA ITEM FOR JANUARY 9, 20240 350 Contract #38600 COST -SHARE AGREEMENT BETWEEN THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND INDIAN RIVER COUNTY THIS AGREEMENT ("Agreement") is entered into by and between the GOVERNING BOARD of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (the "District"), whose address is 4049 Reid Street, Palatka, Florida 32177, and INDIAN RIVER COUNTY ("Recipient"), whose address is 1801 27th Street, Vero Beach, Florida 32860. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. RECITALS The waters of the state of Florida are among its basic resources, and it has been declared to be the policy of the Legislature to promote the conservation, development, and proper utilization of surface and ground water. Pursuant to chapter 373, Fla. Stat., the District is responsible for the management of the water resources within its geographical area. The District has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the water resources and one or more of the District's missions and initiatives. At its April 11, 2023, meeting, the Governing Board selected Recipient's proposal for cost - share funding. The parties have agreed to jointly fund the following project in accordance with the Statement of Work, Attachment A (hereafter the "Project"): Indian River County South Oslo River&ont Conservation Area Floodplain Restoration In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all of the following documents: (1) Agreement, (2) Attachment A — Statement of Work; and (3) all other attachments, if any. The parties hereby agree to the following terms and conditions. -1- 351 Contract #38600 1. TERM; WITHDRAWAL OF OFFER The term of this Agreement is from the date upon which the last party has dated and executed the Agreement or April 11, 2023, whichever is later ("Effective Date") until March 31, 2025 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Time is of the essence for every aspect of this Agreement, including any time extensions. Any request for an extension of time beyond the Completion Date must be made before December 31, 2024. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Completion Date survive termination or expiration hereof (e.g., delivery of a final report, will remain in full force and effect after the Completion Date as necessary to effect performance). (a) This Agreement constitutes an offer until authorized, signed and returned to the District by Recipient. This offer terminates 90 days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the District's Project Manager, stating the reason(s) therefor. Request for extension of time after the 90 days will be denied. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. (b) If the project, which is eligible for District reimbursement, does not begin before June 30, 2024, the cost -share agreement will be subject to termination and the funds subject to reallocation. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The District's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the District will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the District arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the District does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT AND SOURCE OF COST -SHARE FUNDING (a) Cost -share Funding Amount. For satisfactory completion of the Project, the District shall reimburse Recipient in an amount not to exceed approximately 75% of total Project Cost ($200,000) or $150,000, whichever is less. (b) The Cost -share Funding Amount is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the District's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (c) "Construction Cost" is defined to include actual costs of constructing Project facilities, including construction management. Land acquisition, engineering design, permitting, and solicitation costs are excluded. Construction cost does not include any costs incurred prior to the Effective Date, unless expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward Recipient's cost -share. (d) "Project Cost" is defined to include Construction Cost as well as actual costs of design and permitting. Project cost does not include any costs incurred prior to the Effective Date, unless -2- 352 Contract #38600 expressly authorized by the Statement of Work. Costs that are excluded will not be credited toward Recipient's cost -share. (e) Work performed or expenses incurred after the Completion Date are not eligible for Cost -share reimbursement. (f) The anticipated source of the project Cost -share Funding Amount is: 25% $50,000 District sources 50% $100,000 State sources 0% $0.00 Federal sources 5. PAYMENT OF INVOICES (a) Recipient shall submit itemized invoices as per the Statement of Work, Attachment A, for reimbursable expenses by one of the following two methods: (1) by email to acctpayna,sirwmd.com (preferred) or (2) by mail to the St. Johns River Water Management District, Finance Director, 4049 Reid Street, Palatka, Florida 32177-2571. The invoices shall be submitted in detail sufficient for proper pre -audit and post -audit review. Invoices shall include a copy of contractor and supplier invoices to Recipient and proof of payment. Recipient shall be reimbursed for the amount of Cost - share funding specified in paragraph 4 (a). The District shall not withhold any retainage from this reimbursement. District reimbursement is subject to annual budgetary limitation, if applicable, as provided in subsection (g). If necessary for audit purposes, Recipient shall provide additional supporting information as required to document invoices. (b) End of District Fiscal Year Reporting. The District's fiscal year ends on September 30. Irrespective of the invoicing frequency, the District is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice for Work completed as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice for Work completed as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description of the work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the District's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of ten percent of the invoice. This penalty may be waived by the District, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten days prior to the due date and state the basis for the delay. (d) All invoices shall include the following information: (1) District contract number; (2) Recipient's name, address, and authorization to directly deposit payment into Recipient's account (if Recipient has not yet provided the District with a completed Direct Deposit Authorization form); (3) Recipient's invoice number and date of invoice; (4) District Project Manager; (5) Recipient's Project Manager; (6) supporting documentation as to cost and/or Project completion (as per the cost -3- 353 Contract #38600 schedule and other requirements of the Statement of Work), in addition, see Attachment D, "FDEP Revenue Agreement,"; (7) Progress Report (if required). Invoices that do not correspond with this paragraph shall be returned without action within 20 business days of receipt, stating the basis for rejection. Payments shall be made within 45 days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost of providing the service that is borne by Recipient and are only compensable when specifically approved by the District as an authorized District traveler. In such instance, travel expenses must be submitted on District or State of Florida travel forms and shall be paid pursuant to District Administrative Directive 391. (f) Payments withheld. The District may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the District from loss as a result of (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi -fiscal year agreements, the District must budget the amount of funds that will be expended during each fiscal year as accurately as possible. The Statement of Work, Attachment A, includes the parties' current schedule for completion of the Work and projection of expenditures on a fiscal year basis (October 1— September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the District's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the District to receive this request is August 1 of the then -current fiscal year. The District may in its sole discretion prepare a District Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then -current fiscal year or subsequent fiscal year(s). 6. LIABILITY AND INSURANCE. Each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees, and agents. Recipient accepts all risks arising from construction or operation of the Project. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in §768.28, Fla. Stat., as amended. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations. If Florida Department of Environmental Protection ("FDEP") funds will be used to fund all of a portion of the Agreement, additional FDEP insurance requirements applicable to the Recipient are included in the insurance attachment, Attachment F, to the Agreement. 7. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) ad valorem tax revenues appropriated by the District's Governing Board; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the District's Governing Board for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the District shall so notify Recipient and this Agreement shall be deemed terminated for convenience five days after receipt of such notice, or within such additional time as the District may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. -4- 354 Contract #38600 8. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three business days' prior written notice to the other party. Written notice of change of address shall be provided within five business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; or (4) email. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one business day after having been deposited with the courier. Notices via e-mail are deemed delivered on the date transmitted and received. DISTRICT Ron Brockmeyer, Project Manager St. Johns River Water Management District 4049 Reid Street Palatka, Florida 32177 Phone: 386-329-4495 Email: rbrockmeyer@sjrwmd.com RECIPIENT Wendy Swindell, Project Manager Indian River County 1801 27th Street Vero Beach, Florida 32860 Phone: 772-226-1781 Email: wswindell@indianriver.gov (b) The District's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating District policies and decisions regarding all matters pertinent to performance of the Project. The District's Project Manager may issue a District Supplemental Instruction (DSI) form, Attachment C, to authorize minor adjustments to the Project that are consistent with the purpose of the Project. Both parties must sign the DSI. A DSI may not be used to change the District cost -share or percentage, quantity, quality, or the Completion Date of the Project, or to change or modify the Agreement. 9. PROGRESS REPORTS AND PERFORMANCE MONITORING. (a) Progress Reports. Recipient shall provide to the District quarterly Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Recipient shall use the District's Project Progress Report form, Attachment B. Recipient shall submit the Project Progress Reports to the District's Project Manager and District's Budget Director within 15 days after the closing date of each calendar quarter (March 31, June 30, September 30, and December 31). (b) Performance Monitoring. For as long as the Project is operational, the District shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the District any data that is requested pertaining to performance of the Project. 10. WAIVER. The delay or failure by the District to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the District'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. 11. FAILURE TO COMPLETE PROJECT (a) Should Recipient fail to complete the Project, Recipient shall refund to the District all of the fimds provided to Recipient pursuant to this Agreement. However, the District, in its sole judgment and discretion, may determine that Recipient has failed to complete the Project due to circumstances that are beyond Recipient's control, or due to a good faith determination that the Project is no longer environmentally or economically feasible. In such event, the District may excuse Recipient from the obligation to return fimds provided hereunder. If the Project has not been completed within 30 days after the Completion Date, Recipient shall provide the District with notice regarding its intention as -5- 355 Contract #38600 to completion of the Project. The parties shall discuss the status of the Project and may mutually agree to revise the time for Project completion or the scope of the Project. Failure to complete the Project within 90 days after the Completion Date shall be deemed to constitute failure to complete the Project for the purposes of this provision. (b) In the event the Project constitutes a portion of the total functional project, this paragraph shall apply in the event the total functional project is not completed. In such event, the 90 -day timeframe provided herein shall commence upon the date scheduled for completion of the total functional project at the time of execution of this Agreement, unless extended by mutual agreement of the parties. Paragraphs (a) above and this paragraph shall survive the termination or expiration of this Agreement. 12. TERMINATION. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the District may provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have 30 days following receipt of the notice to cure the breach. If Recipient fails to cure the breach within the 30 -day period, the District shall issue a Termination for Default Notice terminating this Agreement without further notice. In such event, Recipient shall refund to the District all funds provided to Recipient pursuant to this Agreement within 30 days of such termination. The District may also terminate this Agreement upon ten days' written notice in the event of any material misrepresentations in the Project Proposal. Delay or failure by the District to enforce any right, remedy or deadline hereunder shall not impair, or be deemed a waiver of, any such right, remedy or deadline, or impair the District's rights or remedies for any subsequent breach or continued breach of this Agreement. ADDITIONAL PROVISIONS 13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the District's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the District and any of Recipient's contractors or subcontractors. 14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the District, and copies of all invoices and supporting documentation for at least five years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards, the District shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. District funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the District finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein, including but not limited to construction materials not used in the Project; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the District for the same purpose; (4) Recipient has been advanced or paid unobligated funds; (5) Recipient has been paid funds in -6- 356 Contract #38600 excess of the amount Recipient is entitled to receive under the Agreement; and/or (6) Recipient has received more than 100% contributions through cumulative public agency cost -share funding. 15. CIVIL RIGHTS. Pursuant to chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 16. COOPERATION WITH THE INSPECTOR GENERAL, PURSUANT TO §20.055(5) FLA. STAT. Recipient and any subcontractors understand and will comply with their duty, pursuant to §20.055(5), Fla. Stat., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. 17. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the District's Project Manager no later than ten business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the District's Office of General Counsel, which shall issue a written decision within ten business days of receipt. This determination shall constitute final action of the District and shall then be subject to judicial review upon completion of the Project. 18. DIVERSITY OPPORTUNITIES. The District is committed to the opportunity for diversity in the performance of all cost-sharing agreements and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The District will assist Recipient by sharing information on W/MBEs. 19. FLORIDA SINGLE AUDIT ACT (a) Applicability. The Florida Single Audit Act (FSAA), §215.97, Fla. Stat., applies to all sub -recipients of state financial assistance, as defined in §215.97(1)(q), Fla. Stat., awarded by the District through a project or program that is funded, in whole or in part, through state financial assistance to the District. In the event Recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Recipient, Recipient must have a state single or project - specific audit for such fiscal year in accordance with §215.97, Fla. Stat.; applicable rules of the Department of Financial Services; and chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. In determining the state financial assistance expended in its fiscal year, Recipient shall consider all sources of state financial assistance, including state financial assistance received from the District, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. Recipient is solely responsible for complying with the FSAA. If Recipient expends less than $750,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of §215.97, Fla. Stat., is not required. In such event, should Recipient elect to have an audit conducted in accordance with §215.97, Fla. Stat., the cost of the audit must be paid from the non -state entity's resources (i.e., Recipient's resources obtained from other than State entities). (b) Program Information. This Agreement involves the disbursement of state funding by the Florida Department of Environmental Protection (FDEP). Funding is provided under the State of Florida, Resilient Florida Programs, in the amount of $100,000. The Florida Catalog of State Financial Assistance (CSFA) number for this program is CSFA No. 37.098. The District is providing funding in the amount of $50,000. -7- 357 Contract #38600 (c) Additional Information. For information regarding the state program under the above CSFA number, Recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa/catalog.aspx for assistance. The following websites may be accessed for additional information: Legislature's Website at http://www.leg.state.fl.us/, State of Florida's website at http://myflorida.com, District of Financial Services' website at http://www.fldfs.com/ and the Auditor General's Website at http://www.myflorida.com/audgen/. (d) Allowable Costs. Recipient may only charge allowable costs to this Agreement, as otherwise provided herein. Any balance of unobligated cash that have been advanced or paid that is not authorized to be retained for direct program costs in a subsequent period must be returned to the District. (e) Audit Requirements. Recipient shall ensure that the audit complies with the requirements of §215.97(7), Fla. Stat. This includes submission of a financial reporting package as defined by §215.97(2), Fla. Stat., and chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Recipient shall comply with the program requirements described in the Florida Catalog of State Financial Assistance (CSFA) [https:Happs.fldfs.com/fsaa/catalog.aspx]. The services/purposes for which the funds are to be used are included in the Statement of Work. (f) Financial Reporting. Recipient shall provide the District with a copy of any reports, management letters, or other information required to be submitted in accordance with chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable, no more than 20 days after its preparation. Recipient shall indicate the date the reporting package was delivered to Recipient in correspondence accompanying the reporting package. This information shall be directed to: St. Johns River Water Management District, Finance Director, Office of Financial Services, 4049 Reid Street, Palatka, FL 32177. A copy of the report shall also be provided to the Auditor General's Office at the following address: State of Florida Auditor General, Room 401, Claude Pepper Building, 111 West Madison Street, Tallahassee, Florida 32399-1450. (g) Monitoring. In addition to reviews of audits conducted in accordance with §215.97, Fla. Stat., as revised, monitoring procedures may include, but not be limited to, on-site visits by District staff, limited scope audits, and/or other procedures. Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the District. In the event the District determines that a limited scope audit of Recipient is appropriate, Recipient agrees to comply with any additional instructions provided by the District to Recipient regarding such audit. Recipient agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the District's Inspector General or the state Chief Financial Officer or Auditor General. (h) Examination of Records. In addition to the District's audit rights otherwise provided for herein, Recipient shall permit the District or its designated agent, the state awarding agency, the Department of Financial Services, the state's Chief Financial Officer and the state's Auditor General to examine Recipient's financial and non-financial records to the extent necessary to monitor Recipient's use of state financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations, which may include onsite visits and limited scope audits. (i) Records Retention. Notwithstanding any other provision of this Agreement to the contrary, Recipient 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 District, or its designee, state Chief Financial Officer, or Auditor General access to such records upon request. Recipient shall ensure that audit working papers are made available for such access for a period of three years from the date the audit report is issued, unless extended in writing by the District. -8- 358 Contract #38600 20. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state legal proceeding is Putnam County and federal legal proceedings shall be in Orange County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and waive the right to jury trial. 21. INDEPENDENCE OF PARTIES. The parties are independent entities and do not serve as agents or representatives of one another. This Agreement does not create a joint venture relationship between the parties. Recipient is not a contractor of the District. The District is providing cost -share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is solely responsible for compliance with all labor, health care, and tax laws pertaining to Recipient, its officers, agents, and employees. 22. CONFLICTING INTEREST IN RECIPIENT. Recipient certifies that no officer, agent, or employee of the District has any material interest, as defined in §112.312, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 23. NON -LOBBYING. Pursuant to §216.347, Fla. Stat., as amended, Recipient agrees that funds received from the District under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 24. PERMITS. Recipient shall comply with all applicable federal, state, and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost -share funding. 25. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in §287.017, Fla. Stat., for CATEGORY TWO ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 26. SCRUTINIZED COMPANIES. (a) Recipient certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to §287.135, Fla. Stat., the District may terminate this Agreement at its sole option if the Contractor is found to have submitted a false certification; or if the Recipient 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 Recipient certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Secto 1 List, or engaged with business operations in Cuba or Syria as identified in -9- 359 Contract #38600 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 Recipient is found to have submitted a false certification; or if the Recipient is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, 01 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. PUBLIC RECORDS. Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the District's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other materials related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. 28. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the District harmless from loss to the extent allowed by Florida law. -10- 360 Contract #38600 IN WITNESS WHEREOF, the St. Johns River Water Management District has caused this Agreement to be executed on the day and year written below in its name by its Executive Director, or duly authorized designee, and Recipient has caused this Agreement to be executed on the day and year written below in its name by its duly authorized representatives, and, if appropriate, has caused the seal of the corporation to be attached. This Agreement may be executed in separate counterparts, which shall not affect its validity. Upon execution, this Agreement constitutes the entire agreement of the parties, notwithstanding any stipulations, representations, agreements, or promises, oral or otherwise, not printed or inserted herein. This Agreement cannot be changed by any means other than written amendments referencing this Agreement and signed by all parties. ST. JOHNS RIVER WATER INDIAN RIVER COUNTY MANAGEMENT DISTRICT LIM Mary Ellen Winkler, J.D., Assistant Executive Director Date: Date: Attest: Enter Reviewer's Name, SJRWMD QC Reviewer Typed Name and Title Typed Name and Title Attachments: Attachment A — Statement of Work Attachment B — Project Progress Report Form Attachment C — District Supplemental Instructions Form Attachment D — Contract Payment Requirements for State -Funded Cost Reimbursement Contracts Attachment E — FDEP Revenue Agreement Attachment F — Insurance Requirements Contract #38600 ATTACHMENT A —STATEMENT OF WORK INDIAN RIVER COUNTY SOUTH OSLO RIVERFRONT CONSERVATION AREA FLOODPLAIN RESTORATION I. INTRODUCTIONBACKGROUND The Fiscal Year (FY) 2021-22 Resilience Plan is to develop and implement resource and water supply development projects and promote conservation. On April 11, 2023, the District's Governing Board approved funding for cooperative cost -share projects. Each project selected for funding will have a positive benefit to one or more of the District's core missions; including water supply, water quality, natural systems, or flood mitigation. Indian River County (Recipient) has been awarded funding for their Indian River County South Oslo Riverfront Conservation Area Floodplain Restoration (Project) for the not to exceed amount as set forth in paragraph 4(a) of the Agreement. The Recipient is located in Indian River County. II. OBJECTIVES The objective of this contract is to provide cost -share dollars that will enable the Recipient to remove approximately 1,100 feet of perimeter dike and improve exchange between impounded mangroves and the Indian River Lagoon (IRL). Restoration of a more natural hydroperiod in the impoundment will be a significant benefit to wildlife species using the mangroves, and the reconnection is anticipated to provide additional fisheries habitat. III. SCOPE OF WORK The Project is located within the 143 -acre South Oslo Riverfront Conservation Area (SORCA) abuts the 298 - acre Oslo Riverfront Conservation Area. SORCA's eastern impoundment is no longer part of a Rotational Impoundment Management network. Removal of approximately 1,100 feet of perimeter dike to improve exchange between impounded mangroves and the IRL. IV. PROJECT ADMINISTRATION AND DELIVERABLES The Recipient shall be responsible for the following: • Complete and obtain final project design, construction plans, and specifications; • Obtain all required permits, including right of access to the project sites, related to project construction and subsequent operation and maintenance of the completed work; • Assure compliance with all permits and permit conditions; • Provide procurement for project construction; • Perform supervision and inspection of construction; • Perform construction contract administration; • Assure compliance with cost accounting practices and procedures required for reimbursement of cost -share funds expended. The Recipient shall provide the following to the District's Project Manager: • Timely invoices for actual project costs in accordance with this cost -share agreement to enable proper review by the District's Project Manager prior to payment authorization. Deliverables to be submitted with invoices include (as applicable): o Interim progress status summaries including inspections, meeting minutes and field notes and dated color photographs of the construction completed to include on-going work that represents the time -period being invoiced; -12- 362 Contract #38600 o Final invoice submittals for completed construction including inspections and dated color photographs of the construction site prior to, during and immediately following completion of the construction task; o Construction plans, specifications, and contract documents for the site work must be made available upon request; o Written verification that the record drawings and any required final inspection reports for the project are received; Quarterly progress reports identifying project progress to date, key milestones reached, overall project schedule versus time for project completion, an updated spend -down plan, key issues to be resolved, project construction photos with dates. Quarterly reports shall also be emailed to the District's Budget Director at hnbarber( sjrwmd.com. The Recipient shall submit a final project report within 15 days of final completion and acceptance detailing the Project's accomplishments and any issues resolved during the course of the work. Certification of construction completion by a Professional Engineer registered in the state of Florida. The Recipient shall ensure the tasks in the Task Identification section below are completed. IV. TASK IDENTIFICATION AND TIME FRAMES The expiration date of this cost -share agreement is March 31, 2025. The projected schedule is as follows: VI. BUDGET/COST SCHEDULE For satisfactory completion of the Project, the District shall reimburse the Cost -share Funding Amount as set forth in paragraph 4(a) of the Agreement. Recipient shall invoice the District quarterly with appropriate documentation. The District's Project Manager shall provide an invoice template that will be used. Invoices shall include a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other required supporting documentation for reimbursement up to match amount. For in-house expenses, Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff time or other proof of staff time expenses for the Project. The final invoice shall be submitted with the final project report. If the total actual cost of this project is less than originally estimated, the District's cost -share amount shall be reduced accordingly. Recipient may invoice more frequently submitting all required documentation and include general status information. Recipient may invoice the District for construction -related costs after April 11, 2023, costs incurred prior to April 11, 2023, will not be eligible for reimbursement. -13- 363 Anticipated Anticipated Task Description Start Date Completion Date Design and Permitting October 31 2023 Aril 30 2024 Construction 3 -months after March 31, 2025 contractor is selected VI. BUDGET/COST SCHEDULE For satisfactory completion of the Project, the District shall reimburse the Cost -share Funding Amount as set forth in paragraph 4(a) of the Agreement. Recipient shall invoice the District quarterly with appropriate documentation. The District's Project Manager shall provide an invoice template that will be used. Invoices shall include a copy of the contractor's invoices submitted to the Recipient, proof of payment by Recipient, and other required supporting documentation for reimbursement up to match amount. For in-house expenses, Recipient shall provide copies of all receipts for materials and a system report showing documentation of staff time or other proof of staff time expenses for the Project. The final invoice shall be submitted with the final project report. If the total actual cost of this project is less than originally estimated, the District's cost -share amount shall be reduced accordingly. Recipient may invoice more frequently submitting all required documentation and include general status information. Recipient may invoice the District for construction -related costs after April 11, 2023, costs incurred prior to April 11, 2023, will not be eligible for reimbursement. -13- 363 St. Johns River Water Management District Project Progress Report Contract #38600 ATTACHMENT B PROJECT PROGRESS REPORT Contract #: 38600 Date: Report Number: Project Name: Indian River County South Oslo Riverfront Conservation Area Floodplain Restoration Reci ient: Indian River Coun SJRWMD Contract Number: 38600 SJRWMD Project Manager: Ron Brockme er Recipient's Project Manager: Wendy Swindell Construction Schedule Reporting Period Construction Start Date: Beginning Date: Construction Completion Date: Ending Date: Contract Expiration Date: Total Cost -share Budget: Cost -share Amount Expended This Period: Cost -share Amount Expended To -date: Percent Cost -share Budge Expended: Spend -Down Plan Ficral Voar t M-1 Vw 2 Reimbursement # Anticipated Amount Anticipated Date 1 Completion Date Shown in Application Current Start Date 2 Notes: Explain anticipated deviations from schedule Planning 3 4 Prnirrt Rradinnsa and Crhrdnla Trarlrina Reimbursement # Anticipated Amount Anticipated Date 1 Completion Date Shown in Application Current Start Date 2 Notes: Explain anticipated deviations from schedule Planning 3 4 Project Phase Complete Shown in Application % Complete Currently Start Date Shown in Application Completion Date Shown in Application Current Start Date Current Completion Date Notes: Explain anticipated deviations from schedule Planning Design Permitting Biddin & Award RnW rnnstrurtinn TAshs/Milrstnnas/l)rlivnrahlns Task Number Tasks/Milestones/Deliverables Total Construction % Complete Start Date Shown in SOW Completion Date Shown in SOW Current Start Date Current Completion Date 1 Project update including problems, issues, and solutions. Explain in detail. Include digital photographs of work accomplished during reporting period. Attach an additional page of notes if necessary to explain reasons for lateness or unusual events or circumstances. -14- 364 Contract #38600 ATTACHMENT C — DISTRICT'S SUPPLEMENTAL INSTRUCTIONS (sample) DISTRICT SUPPLEMENTAL INSTRUCTIONS # DATE: TO: Wendy Swindell, Project Manager Indian River County 180127th Street Vero Beach, Florida 32860 FROM: Ron Brockmeyer Frick, Project Manager CONTRACT NUMBER: 38600 CONTRACT TITLE: Indian River County South Oslo el Floodplain Restoration The Work shall be carried out in accordance with the following su with the Contract Documents without change in the Contract Sum or accordance with these instructions, indicate your acceptance of these work as consistent with the Contract Documents and return t e 1. RECIPIENT'S SUPPLEMENTAL INSTRUC 2. DESCRIPTION OF WORK TO B 3. DESCR'ION OF SUPPL TI Approved: (It is agreed thNthes Approved: (Recipient agrees to accordance with the Approved: ( the Conservation Area issued in accordance r to proceeding in x adjustments to the Date: &4e Total Compensati a Completion Date.) Date: lemen 1 Instructions as requested but reserves the right to seek a Change Order in Agreement.) Date: Ron Brockmeyer, District Project Manager Acknowledged: Breanna Pierce, District Procurement Specialist c: Contract file Financial Services Date: -15- 365 Contract #38600 ATTACHMENT D — CONTRACT PAYMENT REQUIREMENTS FOR STATE -FUNDED COST REIMBURSEMENT CONTRACTS Invoices for state -funded cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). 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 shall clearly reflect the dates of service. Only expenditures for categories in the approved contract budget will be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements by cost category: Salaries: Submit a payroll register or similar documentation showing gross salary charges, fringe benefits, other deductions, and net pay. If an individual is paid by the hour, a document reflecting the hours worked times the rate of pay is acceptable. 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. Travel: Reimbursement for travel must be in accordance with § 112.061, Fla. Stat., which includes submission of the claim on the approved State of Florida (State) or District travel voucher. Other direct costs: Reimbursement is based upon 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, F.A.C., regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in §273.02, Fla. Stat., for subsequent transfer to the State. 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. Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. The "Reference Guide for State Expenditures" prepared by the Florida Department of Financial Services can be found at this web address: https://www.myfloridacfo.com/docs-sf/accountinji-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. -16- 366 Contract #38600 ATTACHMENT E — FDEP REVENUE AGREEMENT (Starts on the following page.) -17- 367 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to Section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: South Oslo Riverfront Conservation Area Floodplain Restoration 22SRP09 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: St. Johns River Water Management District Entity Type: Water Management District Grantee Address: 4049 Reid Street, Palatka, Florida 32177 FEID: 59-1519123 (Grantee) 3. Agreement Begin Date: Date of Expiration: 7/1/2022 6/30/2025 4. Project Number: Project Location(s): Iridian River County (If differentfrom Agreement Number) Project Description: The project will remove a 1,100' perimeter dike and restore the land to improve exchange between impounded mangroves and Indian River Lagoon. 5. Total Amount of Funding: Funding Source? $100,000.00 0 State []Federal ❑ State [--]Federal 0 Grantee Match Award #s or Line Item Appropriations: Amount per Source(s): FY 2022/2023 GAA Line Item #1775A $ 100,000.00 $ $ 100,000.00 Total Amount of Funding + Grantee Match, if any: $ 200,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Lisa Widener Name: Christopher Williams or successor or successor Address: Resilient Florida Program Address: St. Johns River Water Management District 2600 Blair Stone Road, MS235 P.O. Box 1429 Tallahassee, Florida 32399 Palatka, Florida 32178 Phone: 850-245-8323 Phone: 386-643-1195 Email: Lisa.Widener@FloridaDEP.gov Email: cwilliam@sjrwmd.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: R Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements F Attachment 2: Special Terms and Conditions lil Attachment 3: Grant Work Plan 9 Attachment 4: Public Records Requirements E Attachment 5: Special Audit Requirements El Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at haps://facts.fldfs.com, in accordance with §215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): El Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit J: Common Carrier or Contracted Carrier Attestation Form PUR1808 0 Additional Exhibits (if necessary): Exhibit F: Final Report Form, Exhibit G: Photographer Release Form, and Exhibit H: Contractual Services Certification DEP Agreement No. 22SRP09 3Rev.10/18/22 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Numbers (FAIN): Federal Award Date to Department: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ON/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date above or the last date signed below, whichever is later. St. Johns River Water Management District QI R2 GRANTEE 1/18/23 Signature) Date Signed Michael A. Register, P.E., Executive Director or designee Print Name and Title of Person Signing State of Florida Departmec By 6 Secretary or Designee of Environmental Protection Alex Reed, Director of the Office of Resilience and Coastal Protection Print Name and Title of Person Signing 0 Additional signatures attached on separate page. DEPARTMENT 1/21/2023 Date Signed DEP Agreement No. 22SRP09 3�9 10/18/22 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both 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 terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 12 Rev. 10/3/2022 371 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 with reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1 2of12 Rev. 10/3/2022 372 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with Section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C. Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/Divi sion/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. e. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. £ Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. g. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. i. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: www.myfloridacfo.com/Division/AA/Vendors/default.htm. j. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government. the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: Attachment 1 3of12 Rev. 10/3/2022 373 a. Salg /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 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 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 EgWpment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Attachment 1 4of12 Rev. 10/3/2022 374 Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work, or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. Attachment 1 5of12 Rev. 10/3/2022 KR 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 AUeement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or Attachment 1 6of12 Rev. 10/3/2022 376 iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. Attachment 1 7of12 Rev. 10/3/2022 377 d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to Sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. Attachment 1 8of12 Rev. 10/3/2022 378 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). Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. 26. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to Section 216.347, F.S., except that pursuant to the requirements of Section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with Sections 11.062 and 216.347, F.S. 27. Record Keeping. Attachment 1 9of12 Rev. 10/3/2022 379 The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer 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: hgp:Hdos.myflorida.com/library-archives/records-mana eg ment/general-records-schedules/). 28. Audits. a. Inspector General. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Ins ep ction. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\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 Attachment 1 10 of 12 Rev. 10/3/2022 380 money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 29. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 30. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 31. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned 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. 32. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 33. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 34. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 35. Severability. Attachment 1 11 of 12 Rev. 10/3/2022 381 If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 36. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 37. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 38. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 39. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 12 of 12 Rev. 10/3/2022 382 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO.22SRP09 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is South Oslo Riverfront Conservation Area Floodplain 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 is the same as the term of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods may be added in accordance with 2.a above and are contingent upon proper and satisfactory technical and administrative performance by the Grantee and the availability of funding. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicin¢. 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 Cateeory ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® M 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 The Agreement requires at least a 50% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $100,000.00 through cash or third party in-kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made on July 1, 2021 or after for purposes of meeting its match requirement as identified above. Attachment 2 1 of 3 Rev. 10/3/2022 383 Each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 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 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 5% 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 work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people of 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 Attachment 2 2 of 3 Rev. 10/3/2022 384 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808 15. Additional Terms. Documentary Evidence Requirement for Subcontractor(s). If any work associated with this Agreement is completed by a subcontractor(s), the Grantee shall require that such subcontractor(s) submit documentary evidence (e.g., workshop agendas; meeting recordings) to Grantee demonstrating that the subcontractor(s) has fully performed its Project obligation(s). The Grantee shall forward copies of all such documentary evidence to the Department with the Grantee's relevant deliverable(s), using the approved Project Timeline set forth in Attachment 3 to this Agreement (Grant Work Plan). Sea Level Impact Projection Study Requirement. If the project is within the designated area, pursuant to Section 161.551, F.S. and Chapter 62S-7, Florida Administrative Code, the Grantee is responsible for performing a Sea Level Impact Projection (SLIP) study and submitting the resulting report to the Department. The SLIP study report must be received by the Department, approved by the Department, and be published on the Department's website for at least thirty (30) days before construction can commence. This rule went into effect July 1, 2021, and applies to certain state -funded construction projects located in the coastal building zone as defined in the rule. Attachment 2 3 of 3 Rev. 10/3/2022 385 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO.22SRP09 ATTACHMENT PROJECT TITLE: South Oslo Riverfront Conservation Area Floodplain Restoration PROJECT LOCATION: The Project is located within Indian River County, Florida; Lat/Long (27.58298, -80.36500). PROJECT DESCRIPTION: The St. Johns River Water Management District (Grantee) will conduct the South Oslo Riverfront Conservation Area Floodplain Restoration Project (Project) to remove an existing 1,100' perimeter dike to improve exchange between impounded mangroves and the Indian River Lagoon (IRL). The Project will restore the area to a more natural hydroperiod in the impoundment that will benefit wildlife that use the mangroves, coastal hammock, and surrounding fisheries habitat. The Project includes design, permitting, and construction. TASKS AND DELIVERABLES: Task 1: Design and Permittin Description: The Grantee will acquire professional services for the engineering and design of the removal of an existing 1,100' perimeter dike and the restoration of the land similar to adjacent habitat and shoreline vegetation. The Grantee will obtain all necessary permits for construction of the Project. Design and permitting activities may include coastal or civil engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, environmental analyses, orthophotography, plan formulations and other necessary studies for obtaining environmental permits, and other Project -related authorizations. Deliverables: The Grantee's will submit all final design documents as signed by a Florida -registered Professional Engineer. The Grantee will also submit final permit documents from all appropriate state and federal regulatory agencies. Task 2: Construction Description: The Grantee will remove an existing 1,100' perimeter dike and restore the land similar to the adjacent habitat and shoreline vegetation. The Grantee will complete all Construction activities in accordance with the construction contract documents. Project costs associated with the Construction task include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible activities may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, and mitigation projects. Construction shall be conducted in accordance with all state or federal permits. Deliverables: The Grantee will submit: 1) a copy of the final design and record (as -built) drawings; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; 3) a signed Engineer's Certification of Payment Request; and 4) when construction is complete, a Certificate of Occupancy (if applicable) and a Certificate of Completion signed by a Florida -registered Professional Engineer. DEP Agreement No.: 22SRP09 Page 1 of 2 Rev. 2.11.22 386 PERFORMANCE MEASURES: The Grantee will submit all deliverables for each task to the Department's Grant Manager on or before the Task Due Date listed in the Project Timeline. The Grantee must also submit Exhibit A, Progress Report Form, to the Department's Grant Manager, with every deliverable and payment request. For interim payment requests, Exhibit A may serve as the deliverable for a task. The Department's Grant Manager will review the deliverable(s) to verify that they meet the specifications in the Grant Work Plan and the task description, to include any work being performed by any subcontractor(s). Upon review and written acceptance by the Department's Grant Manager of deliverables under the task, the Grantee may proceed with payment request submittal. CONSEQUENCES FOR NON-PERFORMANCE: For each task deliverable not received by the Department at one hundred percent (100%) completion and by the specified due date listed in the Agreement's most recent Project Timeline, the Department will reduce the relevant Task Funding Amount(s) paid to Grantee in proportion to the percentage of the deliverable(s) not fully completed and/or submitted to the Department in a timely manner. PAYMENT REQUEST SCHEDULE: Following the Grantee's completion of a task, the Grantee may submit a payment request for cost reimbursement using both Exhibit A, Progress Report Form, and Exhibit C, Payment Request Summary Form. Interim payment requests cannot be made more frequently than monthly and must be made using Exhibit A, detailing all work progress made during that payment request period, and Exhibit C. Upon the Department's receipt of Exhibit A and C, along with all supporting fiscal documentation and deliverables, the Department's Grant Manager will have ten (10) working days to review and approve or deny the payment request. PROJECT TIMELINE AND BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Requests are to be sent via email to the Department's Grant Manager, with the details of the request and the reason for the request made clear. Task Task Title Budget DEP Match Total Task Start Task Due No. Category Amount Amount Amount Date Date 1 Design and Contractual $30,000 $30,000 $60,000 7/1/2022 3/31/2025 Permitting Services 2 Construction Contractual $70,000 $70,000 $140,000 7/1/2022 3/31/2025 Services Total: $100,000 $100,000 $200,000 DEP Agreement No.: 22SRP09 Page 2 of 2 Rev. 2.11.22 387 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 11 9.07(l), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. servicesAfloridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 loft Rev. 4/27/2018 388 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department'; 'DEP" "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the 'Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 C.F.R. Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 C.F.R. § 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART L• FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 C.F.R. § 200.330 A recipient that expends $750,000 or more in federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 C.F.R. Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 C.F.R. §§ 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 C.F.R. Part 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 C.F.R. §§ 200.508-512. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 C.F.R. Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 C.F.R. 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 recipient resources obtained from other federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the intemet at www.cfda.eov Attachment 5 1 of 6 BGS -DEP 55-215 revised 12/14/2020 389 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hiips:HVps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hgp://www.lea.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at hgp://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.9 7(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 C.F.R. § 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 C.F.R. §§ 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 C.F.R. § 200.501(a) (the number of copies required by 2 C.F.R. § 200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of6 BGS -DEP 55-215 revised 12/14/2020 kill] By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hgp://harvester.census.goy/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditAdep.state. flus B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (httn://flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit0,den.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 C.F.R. § 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS -DEP 55-215 revised 12/14/2020 391 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 C.F.R. Part 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 revised 12/14/2020 392 § \ � k % k .§ .§ ufo »fo $ a ko2 2 \02 ƒ i a ) § § § �a § *� I i c o \ \ ! ! I / / � 4 4 o \ \ k .§ Q .\ e � ■ a § a k v 7 l� v 0 § U � ■ U Z ¢/ � ¢/ S \ / @ @ a / / 2 $ $ k � � 4 § k § ■ ®� /�� k % k / en ON en $ a 2 ƒ i a ) § § § I i \ § $ ! ! .§ .\ e a v 7 v 0 � § � ■ ¢/ ¢/ / en ON en 0 4 0 00 �0 aU+ r.y O Z 0 aU+ O CIO O O QU '" QU w o a 0 0 � Q O O E N � 00 tA fsl s. Q 64 b u d � w w a 0 d O U O U H o o � o w U � U u Lno E•H E-+ Gro Q � 0 +r U U O .yr W O U 00 s, UrA ti M z d d N N apa U N N U y L w CIO —Cd it N a SS a a � wvI w N U bo � d bc� Q � b ,dol b w w w W cn ci u w u d an w 00 iso yam, Z L L .� and Cd an 04 U Awa, y O b y O ww On 0 4 U p 3 U b°o .,° � .�„ •Y U A" a) O F, w O U N y O K -G 00 u Q C iY 0-0 ..U. y Yew w � 60 Oi '++ p x :b b "' to V .a CS � id U d Y g O Q b 0+ c Y ,c o 13 In O t7 b v qj a) U o� e tn 5 W o Q � 01 a O ❑� W 01 Uo p F Q � U v Cd U ,Op •�" y 0� A O b U �. blo0 19b R,y s,1 �pa u O 1y W Y cd w�rA O O ci d' CIN M 0 0 y O Z 0 0 •� O p aU+p Cd ¢U ¢U '" w 0 0 O O E N Q 00 Q 64 tcQ E u d � w w a O U O U H o o � o w U � U u Lno 0 � 0 w O h .O 00 UrA ti M z d N N p U N N U �. L w CIO —Cd N SS a a 6> � 4) U bo tc V. as Q ,dol Q v w W cn u 0 u d an w 00 iso yam, Z L L a Cd a U p 3 U b°o .,° � .�„ •Y U A" a) O F, w O U N y O K -G 00 u Q C iY 0-0 ..U. y Yew w � 60 Oi '++ p x :b b "' to V .a CS � id U d Y g O Q b 0+ c Y ,c o 13 In O t7 b v qj a) U o� e tn 5 W o Q � 01 a O ❑� W 01 Uo p F Q � U v Cd U ,Op •�" y 0� A O b U �. blo0 19b R,y s,1 �pa u O 1y W Y cd w�rA O O ci d' CIN M STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS RESILIENT FLORIDA PROGRAM ATTACHMENT 6 1. Permits. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state, or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state, or local laws. Further, the Grantee shall abide by all terms and conditions of each applicable permit for any grant -funded activity. Upon request, the Grantee must provide a copy of all acquired and approved permits for the project. 2. Ineligibility. If the Grantee fails to perform in accordance with the terms and conditions set forth in this Agreement; Attachment 3 (Grant Work Plan), and all other applicable attachments and exhibits, the Grantee shall be ineligible to be considered for funding under the Resilient Florida Program for two (2) consecutive funding cycles. The Department shall make its determination of ineligibility within thirty (30) days of this Agreement's end date and notify the Grantee in writing if determined ineligible. If the failure to perform in accordance with the terms and conditions set forth in this Agreement is due to the Grantee's contractor or subcontractor(s), then the Grantee should submit that documentation in writing to the Department's Grant Manager. 3. Additional Documentation for Contractual Costs. In addition to the documentation requirements in paragraph 11 of Attachment 2 (Subcontracting), and in paragraph 9.c. of Attachment 1 (Contractual Costs (Subcontractors)), Grantee shall provide the following for all subcontractual agreements that the Grantee executes for this project: a. A valid link or documentation that outlines their entity's procurement processes as required in Attachment 1, paragraph 9.c; and b. A certification statement signed by the Grantee's designated grant manager indicating the procurement process that was utilized per their entities' policies and procedures for all subcontractors. The certification must include a listing of all subcontractor quotes/bids amounts, along with the company name, address, and the details of how and why they made their determinations for those subcontractors that were selected and utilized for this Agreement. 4. Attachment 3, Grant Work Plan, Performance Measures. All deliverables and reports submitted to the Department should be submitted electronically and must be compliant with the Americans with Disabilities Act, also known as "508 Compliant," in all formats provided. 5. CCo yright, Patent and Trademark. The Department reserves a royalty -free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for state government purposes: a. The copyright in any work developed under this Agreement; and b. Any rights or copyright to which the Grantee or subcontractor purchases ownership with grant support. 6. Grant funds may not be used to support ongoing efforts to comply with legal requirements, including permit conditions, mitigation, and settlement agreements. 7. Funding Source. With the exception of audiovisuals not intended for presentation to the general public that are produced either as research instruments or for documenting experimentation or findings (unless otherwise required under the special terms of this Agreement), Grantee agrees to include the Department's logo (which Rev. 2.11.22 Attachment 6 Page 1 of 2 395 can be found on the Department's website at: hgps://floridadgp.Qov or by contacting the Grant Manager for a copy) on all publications, printed reports, maps, audiovisuals (including videos, slides, and websites), and similar materials, as well as the following language: "This work was funded in part through a grant agreement from the Florida Department of Environmental Protection's Office of Resilience and Coastal Protection Resilient Florida Program. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies." The next printed line must identify the month and year of the publication. 8. Final Project Report. The Grantee shall submit Exhibit F, Final Project Report Form, prior to requesting final payment. The Final Project Report may be submitted in lieu of the final quarterly status report, only in instances where the next quarterly report falls after the project's completion date. Rev. 2.11.22 Attachment 6 Page 2 of 2 396 DEPARTMENT OF ENVIRONMENTAL PROTECTION Resilient Florida Program Progress Report Form Exhibit A DEP Agreement No.: 22SRP09 Project Title: South Oslo Riverfront Conservation Area Floodplain Restoration Grantee Name: St. Johns River Water Management District Grantee Address: Grantee's Grant Manager: Telephone No.: Reporting Period: MM/DD/YYYY — MM/DD/YYYY INSTRUCTIONS: Provide the following information for all tasks and deliverables identified in Attachment 3, Grant Work Plan: Description of the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, proposed work for the next reporting period, and percentage of the work that has been completed to date. NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 2: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 3: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: Task 4: Progress for this reporting period: Identify any delays or problems encountered: Percentage of task completed: of the above DEP ect. Date 397 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM EXHIBIT C PAYMENT REQUEST SUMMARY FORM The current Exhibit C, Payment Request Summary Form for the Resilient Florida Program grant agreements can be found on the Department's website at the link below. Each payment request must be submitted on the current form. The Department will notify grantees of any substantial changes to Exhibit C that occur during the grant agreement period. https://floridadep.gov/Resilient-Florida-Program/Grants Exhibit C, Page 1 of 1 Rev. 12/02/19 W-11 EXHIBIT F DEP AGREEMENT NO.22SRP09 SOUTH OSLO RIVERFRONT CONSERVATION AREA FLOODPLAIN RESTORATION St. Johns River Water Management District Final Project Report This report is funded in part through a grant agreement from the Florida Department of Environmental Protection. The views, statements, findings, conclusions, and recommendations expressed herein are those of the author(s) and do not necessarily reflect the views of the State of Florida or any of its subagencies. Exhibit F, DEP Agreement # 22SRP09 Page 1 5/12/2022 399 Part I. Executive Summary Part II. Methodology Part III. Outcome Include evaluation ofproject's ability to meet goals and expected performance measures and provide explanation for why goals were not met, if applicable. Identify successful outcomes, areas for improvement, and quantifiable metrics as a result of the project. Part IV. Further Recommendations Instructions for completing Attachment F Final Project Report Form: DEP AGREEMENT NO.: This is the number on your grant agreement. GRANTEE NAME: Enter the name of the grantee's agency. PROJECT TITLE: Enter the title shown on the first page of the grant agreement. MONTH & YEAR: Enter month and year of publication The final Project Report must contain the following sections: Executive Summary, Methodology, Outcome, and Further Recommendations. The Final Project Report must comply with the publication requirements in the grant agreement. Please limit the final project report to no more than five (5) pages. One electronic copy shall be submitted to the Department's Grant Manager for approval. Final payment will be held until receipt and approval of the Final Project Report. Questions regarding completion of the Final Project Report should be directed to the Department's Grant Manager, identified in paragraph 18 of this agreement. Exhibit F, DEP Agreement # 22SRP09 Page 2 5/12/2022 400 oP,E.,a,MF Florida Department of Environmental Protection EXHIBIT G S? S `.° PHOTOGRAPHER RELEASE FORM "MENTAL r°° FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS DEP AGREEMENT NO: 22SRP09 RELEASE FORM FOR PHOTOGRAPHS, VIDEOS, AUDIO RECORDINGS AND ARTWORKS Owner/Submitter's Name: Address: City: State: Phone Number: ( ) Email: License and Indemnification Zip: I certify that I am the owner of the photograph(s), video(s), audio recording(s) and/or artwork(s) being submitted and am eighteen (18) years of age or older. I hereby grant to the Florida Department of Environmental Protection the royalty -free and non-exclusive right to distribute, publish and use the photograph(s), video(s), audio recording(s) and art work(s) submitted herewith (the "Work") to promote the Florida Department of Environmental Protection. Uses may include, but are not limited to: 1. Promotion of FDEP (including, but limited to publications, websites, social media venues, advertisements, etc.); and 2. Distribution to the media; and 3. Use in commercial products. The Florida Department of Environmental Protection reserves the right to use/not use any Work as deemed appropriate by the Florida Department of Environmental Protection. No Work will be returned once submitted. I hereby acknowledge that the Florida Department of Environmental Protection shall bear no responsibility whatsoever for protecting the Work against third -party infringement of my copyright interest or other intellectual property rights or other rights I may hold in such Work, and in no way shall be responsible for any losses I may suffer as a result of any such infringement; and I hereby represent and warrant that the Work does not infringe the rights of any other individual or entity. I hereby unconditionally release, hold harmless and indemnify the Florida Department of Environmental Protection, its employees, volunteers, and representatives of and from all claims, liabilities and losses arising out of or in connection with the Florida Department of Environmental Protection's use of the Work. This release and indemnification shall be binding upon me, and my heirs, executors, administrators and assigns. I have read and understand the terms of this release. Owner signature: Photo/video/audio/artwork/recording file name(s): Location of photo/video/audio recording/artwork: Name of person accepting Work submission 11/19/2021 Exhibit G, DEP Agreement M 22SRP09 Page 1 of 1 Date: 401 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION RESILIENT FLORIDA GRANT PROGRAM CONTRACTUAL SERVICES CERTIFICATION Exhibit H Required for all grant agreements that include Contractual Services as an expenditure category. DEP Agreement Number: 22SRP09 Project Title: South Oslo Riverfront Conservation Area Floodplain Restoration Grantee: St. Johns River Water Management District Prior to making a request for payment of contractual services, the Grantee must provide the following to the Department Grant Manager then responsible for the Grantee's Resilient Florida Grant Program grant agreement: 1. Documentation of the Grantee's procurement process, as consistent with Attachment 1, Paragraph 9(c) and Attachment 2, Paragraph 11; 2. A list of all subcontractor quote and/or bid amounts (as applicable), including the company name and address for each subcontractor; 3. An explanation of how and why the Grantee made their determination(s) for the subcontractor(s) selected to perform certain task(s) under the Grantee's relevant grant agreement; and 4. This Exhibit H, signed and dated by the Grantee's own (non -Departmental) grant manager. By signing below, I certify that, on behalf of the Grantee, I have provided all the information required by items 1. through 3. of this exhibit, as stated above, to the Department Grant Manager currently responsible for the Grantee's Resilient Florida Grant Program grant agreement. I also certify that the procurement process the Grantee utilized follows all of said Grantee's non - Departmental policies and procedures for subcontractors. Grantee's Grant Manager Signature Print Name Date 402 Contract #38600 ATTACHMENT F — INSURANCE REQUIREMENTS Including Florida Department of Environmental Protection Insurance Requirements Recipient shall acquire and maintain, and ensure that any sub -recipients, contractors, and subcontractors, similarly acquire and maintain, until completion of the Work the insurance coverage listed below, which constitutes primary coverage. Recipient shall not commence the Work until the District receives and approves Certificates of Insurance documenting Recipient's required coverage. Recipient's General Liability policy shall include Endorsement CG 20101185, or equivalent, naming the St. Johns River Water Management District ("District") as Additional Insured. All required policies shall include: (1) endorsement that waives any right of subrogation against the District for any policy of insurance provided under this requirement or under any state or federal worker's compensation or employer's liability act; (2) endorsement to give the District no less than thirty (30) days written notice (with the exception of non-payment of premium which requires a 10 -calendar -day notice) in the event of cancellation or material change. Certificates of Insurance must be accompanied by copies of the requested endorsements. In addition, Recipient's General Liability insurance and Automobile Liability insurance shall include the State of Florida, the Florida Department of Environmental Protection, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. If the Recipient is self-funded for any category of insurance, then the Recipient shall provide documentation that warrants and represents that it is self-funded for said insurance, appropriate and allowable under Florida law, and that such 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 for the entire length of the Agreement. Any deductibles or self-insured retentions above $100,000 must be declared to and approved by the District. Approval will not be unreasonably withheld. Recipient is responsible for any deductible or self-insured retention. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida and having an A.M. Best rating of A-V or greater. If any work proceeds over or adjacent to water, the Recipient shall secure and maintain, as applicable, any other type of required insurance, including but not limited to, Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits not less than $300,000 each. District receipt of insurance certificates providing less than the required coverage does not waive these insurance requirements. (a) Workers' Compensation Insurance. Workers' compensation and employer's liability coverage, including maritime workers compensation, if applicable, in not less than the minimum limits required by Florida law. Such policies shall cover all employees engaged in any contract Work. If Recipient claims an exemption from workers' compensation coverage, Recipient must provide a copy of the Certificate of Exemption from the Florida Division of Workers' Compensation for all officers or members of an LLC claiming exemption who will be participating in the Work. In addition, Recipient must provide a completed District "Affidavit (Non -Construction)" for non -construction contracts. Recipient is solely responsible for compliance with any Federal workers' compensation laws such as Jones Act and USL&H Act including any benefits available to any workers performing work on this project In case any class of employees engaged in hazardous work under this Agreement is not protected under Worker's Compensation statutes, the Recipient shall provide, and cause each sub -recipient, contractor, or subcontractor, to provide, adequate insurance satisfactory to the District and the Florida Department of Environmental Protection, for the protection of its employees not otherwise protected. (b) General Liability. Commercial General Liability Insurance on an "Occurrence Basis," with limits of liability not less than $1,000,000/$2,000,000, for personal injury, bodily injury, and property damage. Coverage shall include: (1) contractual liability, (2) products and completed operations, (3) independent contractors, and (4) property in the care, control, or custody of the Contractor. Extensions shall be added, or exclusions deleted to provide the necessary coverage. -18- 403 Contract #38600 (c) Automobile Liability. Minimum limits of liability shall be as follows: 1. $300,000 — Automobile Liability Combined Single Limit for Company -Owned Vehicles, if applicable 2. $300,000 — Hired and Non -owned Automobile Liability Coverage -19- 404 AA DISTRICT INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: David Johnson, Director of Emergency Services David Rattray, Fire Chief PREPARED BY: Steve Greer, Assistant Fire Chief of EMS David Kiernan, Deputy Fire Chief, Jennifer Pridgeon, Fire Rescue Support Specialist DATE: December 18, 2023 SUBJECT: Florida Department of Health EleGARD Grant It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. BACKGROUND In 2021, Indian River County Fire Rescue added EleGARD equipment to apparatus to provide performance device assisted head up CPR. This equipment incorporates raising the head, heart, and thorax in a multi- level elevation, in a timed sequence, providing improved outcomes during cardiac arrest. Studies provide significant data that prove when incorporating the EleGARD with advanced post resuscitation therapies survival outcomes increase to 40% translating to 240,000 lives saved annually. DESCRIPTIONS AND CONDITIONS The Florida Department of Health is promoting a grant program aimed at providing first responder high performance resuscitation training utilizing the EleGARD. The grant awards funds, in the amount of $31,200, to pay for EleGARD training and equipment from AdvancedCPR Solutions, LLC. The four (4) EleGARD systems are $7,800 each, for a total cost of $31,200. The four (4) units will be assigned to each of the three operations (3) Battalion Command Vehicles and one (1) unit on Tech 1. FUNDING: Upon approval and acceptance of the grant, funding, in the amount of $31,200, for the four (4) EleGARD units will be allocated via budget amendment to the Emergency Services District/Fire Rescue/Other Machinery & Equipment account, number 11412022-066490. Account Name IAccount Number Amount Emergency Services District/Fire Rescue/Other Machinery & Equipment 11412022-066490 $ 31,200 RECOMMENDATION: 405 Staff recommends that the Board authorize the submission of application for the Florida Department of Health Grant opportunity to procure the four (4) EleGARD units for $31,200, along with authorize the Chairman to execute the agreement after review and approval by the County Attorney. ATTACHMENTS: Florida Department of Health Formal Scope of Work AdvancedCPR Solutions, LLC Fact Sheet AdvancedCPR Solutions, LLC Quote Indian River County Fire Rescue workforce training program costs Indian River County Fire Rescue Training Plan 406 Florida Department of Health FINAL DIVISION OF EMERGENCY PREPAREDNESS AND COMMUNITY SUPPORT 12/18/2023 Formal Scope of Work 2:57 PM High Performance Resuscitation Training DKB Indian River County Fire Rescue SOW23-347 Payment BUDGET AMOUNT: $31,200.00 1. PURPOSE: This scope of work is for providing first responder high performance resuscitation (HP -RT) workforce training in Indian River County, Florida. Contractor will provide these services to the Florida Department of Health (Department). 2. TERM: This scope of work will begin on 2/26/2024 or the date on which the purchase order is issued, whichever is later. It will end at midnight, Eastern Time on 6/30/2024 The State of Florida's performance and obligation to pay under this purchase order and any subsequent renewal is contingent upon annual appropriation by the Legislature and satisfactory performance of the Contractor. 3. LOCATION OF WORK: The worksite for this scope of work is the following location(s): Indian River County Fire Rescue 4225 43rd Ave Vero Beach, FL 32967 4. CONTRACTOR QUALIFICATIONS AND EXPERIENCE: Contractor staff assigned to this agreement must possess the following minimum qualifications and experience: 4.1. Must be a licensed EMS Agency in good standing pursuant to Chapter 401, Part III, Florida Statutes with jurisdictional authority to provide Emergency Medical Services within Indian River County, Florida. 4.2. If outsourced to a vendor, provide the Department with proof that the peer reviewed medical literature provided aligns with the curriculum that the vendor plans to use during first responder high performance resuscitation instruction. S. CONTRACTOR RESPONSIBILITIES: 5.1. SERVICE TASKS: Contractor will perform the following tasks in the time and manner specified: 5.1.1. Submit a first responder high performance resuscitation Training Plan to the Department Contract Manager for review and approval within 30 days of the issuance of the Purchase Order. The Training Plan shall include the following minimum components: 5.1.1.1. Name of EMS Agency. 5.1.1.2. Description of the HP -RT training to be conducted including any models or interactive items that may be used. 5.1.1.3. Confirmation from the EMS Medical Director that they have read and reviewed the training and will assist in implementing the training. 5.1.1.4. Name of third -party training vendor, if applicable. 1 U p d aiedd:10/22/2018 Florida Department of Health FINAL DIVISION OF EMERGENCY PREPAREDNESS AND COMMUNITY SUPPORT 12/18/2023 Formal Scope of Work 2:57 PM High Performance Resuscitation Training DKB Indian River County Fire Rescue SOW23-347 5.1.1.5. Maximum number of staff to be trained at each location. 5.1.1.6. Timeline for the delivery of the training and anticipated training dates. 5.1.1.7. Description of how training completion will be documented. This can include attendance sheets, certificates, or attestations from the EMS training officer or agency designee. 5.1.2. Conduct HP -RT workforce training(s) in accordance with the approved Training Plan as follows: 5.1.2.1. Ensure each training is conducted in-person for all training participants. This must include hands on and interactive elements for each training session. 5.1.2.2. Document the date of each training, the location of each training, the length of each training, and the number of staff members that successfully complete the training. Submit the documentation with the corresponding invoice. 5.1.2.3. All trainings must be completed by June 30, 2024. 5.1.3. Document HP -RT workforce training(s) in accordance with the approved Training Plan as follows: 5.1.3.1. Create an attendance sheet for each day of the training and ensure each trainee signs the attendance sheet at the beginning and end of each day of the training. 5.1.3.2. Ensure each completed attendance sheet is signed by an EMS training officer or agency designee attesting to its accuracy. Submit the completed attendance sheets and any other documentation certifying training completion as approved in the Training Plan, with the invoice. 5.1.3.3. All training documentation must be submitted by June 30, 2024. 5.1.4. Attend any meetings, conference calls and respond to requests for information, as directed by the Department. 5.1.4.1. The Department will schedule all meetings and conference calls at least one week prior to the meeting. 5.1.4.2. Responses for information requests should be received within three days of the Department's request. 5.2. DELIVERABLES: Contractor will complete and submit the following deliverables to the Department in the time and manner specified: 5.2.1. Upon Completion: Provision of HP -RT workforce training with submission of supporting documentation in the time and manner specified in Tasks 5.1.1. through 5.1.4. 6. METHOD OF PAYMENT: 6.1. A purchase order will be issued to the Contractor. 6.2. The method of payment for this purchase order is unit rate. 6.2. The Contractor will be paid a unit rate for each trainee that successfully completes the training program. Proof of completion, as specified in the approved Training Plan, is required as evidence of completion. 6.3. The Contractor will not receive payment in advance for goods or services described in this scope of work. 2 08 U pdatedd: 10/22/2018 Florida Department of Health FINAL DIVISION OF EMERGENCY PREPAREDNESS AND COMMUNITY SUPPORT 12/18/2023 Formal Scope of Work 2:57 PM High Performance Resuscitation Training DKB Indian River County Fire Rescue SOW23-347 6.4. The Contractor must submit an invoice upon completion of all deliverables that provides a detailed accounting of the deliverables performed during the invoice period for which payment is being requested. 6.5. The Contractor is responsible for the performance of all tasks and deliverables contained in this scope of work. 7. PERFORMANCE MEASURES AND FINANCIAL CONSEQUENCES: All deliverables and related tasks must be completed 100% as specified. Failure to satisfactorily complete or submit a deliverable in the time and manner specified will result in a financial consequence as indicated below: 7.1. Failure to complete and submit Deliverables in 5.2. in the time and manner specified will result in 5 percent reduction of invoiced amount. 8. CONTRACTOR TRAVEL REIMBURSEMENT: The Contractor will not be reimbursed for any travel expenses under this agreement. 9. DEPARTMENT CONTRACT MANAGER: The Department Contract Manager for this scope of work is: Theresa Mathew Florida Department of Health BEMO Grants Department of Emergency Preparedness and (850) 245-4440 Community Support EMS@flhealth.gov Bureau of Emergency Medical Oversight 4052 Bald Cypress Way, BIN A-22 Tallahassee, FL 32399-1722 10. CONTROLLING TERMS AND CONDITIONS: 10.1. Department Request for Quote; 10.2. METHOD OF PROCUREMENT: Governmental Agency; 10.3. Department Purchase Order Terms and Conditions; 10.4. Contractor's Response to the Department's Request for Quote; and 10.5. Department Scope of Work SOW23-347. 3 Upda0910/22/2018 ADVANCEDCPR S 0 L U T 1 O N S ADVANCEDCPR SOLUTIONS LLC FACT SHEET RE: NCPR WORKFORCE TRAINING Indian River County Fire Rescue ACS Fulfillment and Invoicing Partner: (The transaction for the Seats Trained will be Sold to each participating agency through Med Alliance Group, Inc., a trusted supplier To over 3000 health care customers in the US) Purchase Orders are to be issued to: MAGI Sunbiz.Org -State of Florida Registration MAGI e -Verify Registration # ACS Florida Turn -Key Workforce Training SKU Turn -Key NCPR Workforce Training Package as Described Below: NP -CPR workforce training for 16 participants, 4 NP CPR Training Kits (Each NP CPR Training Kit) = I EIeGARD 2.0, 1 Box of 10 EIeGARD Disposable Covers, 3 ZOLL Medical ResQPOD 1617D's), Type of Purchase (Proprietary NCPR Training Systems, Broadly Patented Training supplies & Methods of delivering NCPR) www.ElevatedCPR.com 5201 Eden Avenue I Suite 300 Edina, MN 55436 office: 763.259.3722 Med Alliance Group, Inc. (MAGI) Med Alliance Group Inc. 2175 Oakland Drive Sycamore IL 60178 F19000004434 1657405 FLG-WFT-002 $31,200 Sole Source AdvancedCPR Solutions LLC 410 u t Allia 2175 Oakland Drive Sycamore, IL 60178 Phone: (888) 891-1200 Fax: (630) 599-1327 E-mail: orders@medalliancegroup.com Bill to Name Indian River County Fire Rescue Street Address --- City, State, Zip 4225 43rd Ave Vero Beach, FL. 32967 NP -CPR Workforce Training: Number of Participants 12 Quote Quote Date: 12/7/2023 PO Number: Ship To Name ` ' Indian River County Fire Rescue Street Address 4225 43rd Ave City, State, Zip 4225 43rd Ave NP -CPR # of Training Kits ITEM NO DESCRIPTION Shipped by MED Qty All Inclusive Price SYS-ELG-002 Florida Turn -Key Workforce Training Package as Alliance Group, 4 Included FLG-WFT-002 Carrying Case, 2 Smart Lithium Rechargeable Batteries, I Single Inc 1 $ 31,200.00 described below: 12-0822-000 EIeGARD System Version 2.0 (includes EIeGARD 2.0 Patient Shipped by MED 12 Included SYS-ELG-002 Positioning System, LUCAS Series 3 Backplate. 1 EIeGARD 2.0 Alliance Group, 4 Included Carrying Case, 2 Smart Lithium Rechargeable Batteries, I Single Inc Bay Battery Charger, Instructions for Use Shipped by MED SYS -COV -001 EIeGARD Series 2.0 Disposable Cover (Box of 10) Alliance Group, 4 Included Inc 12-0822-000 ResQPOD 16 Impedance Threshold devices (Each) (ZOLL Shipped by ZOLL 12 Included Medical Product) Medical, Inc Shipping Cost Quote Total Notes/Special Instructions payment Terms: Net 30 days Training and deployment support will be provided to you by ACS. Order will be shipped and invoiced by Med Alliance Group. Included 31,200.00 Customer Contact Info: ACS Florida Program Director Contact Info: Name Chief Steve Greer Name Melissa M. Bahr, RN, BSN, EMT -P, MHA Phone 772-226-3951 Phone 850-428-9551 Email sgreer(a)ircgov.com Email melissabahr(delevatedcpr.com )rdering Instructions: Please place order with MED Alliance Group, Inc. MED Alliance Group, Inc 2175 Oakland Drive Sycamore, IL 60178 888-891-1200 phone - 630-599-1327 fax orders@medalliancegroup.com - EIN 36-4260634 e -Verify Registration #: 1657405 (as Required by Florida Law) 411 12/06/2023 Steve McCoy Bureau Chief Florida Department of Health Bureau of Emergency Medical Oversight 4042 Bald Cypress Way, Bin A-22 Tallahassee, FL 32399 Re: quote for workforce training providing first responder high performance resuscitation (HP -RT) workforce training. Mr. McCoy, Indian River County Fire Rescue has reviewed the Department of Health's proposed Statement of Work (SOW23-347) and can confirm that a quote of $31,200.00 will be required to provide the services and deliverables outlined. Below is an estimated cost analysis outlying the actual cost to provide the services outlined in the Statement of Work. Workforce Training program costs Line Items Cost Provision of HP -RT workforce training with submission of supporting documentation in the time and manner specified in Tasks 5.1.1. through 5.1.4. in SOW23-347. $31,200.00 TOTAL: $31,200.00 .Steve , 4"a4ggr �7cw 6�kq 4 MS Indian River County Fire Rescue 4225 43rd Ave Vero Beach, FL 32967 412 Indian River County Fire Rescue 4225 43rd Avenue Vero Beach, FL 32967 (772) 226-3951 (office) (772) 360-6700 (cell) Email sgreer(ai_indianriver.gov High Performance Resuscitation Agency Training Plan FDOH SOW 23-347 Agency Indian River County Fire Rescue Name: Contact Steve Greer Name: Contact sgreer@indianriver.gov Email: Contact Office (772) 226-3951 or Cell (772) 360-6700 Phone: 5.1.1.2. Description of the HP -RT training to be conducted including any models or interactive items that may be used. Neuroprotective Head Up CPR requires a paradigm shift in your approach to sudden cardiac arrest involving a comprehensive education and training program along with the tools you need to deploy this technologically advanced bundle of care. It includes high quality mechanical suction -cup based CPR, a circulatory adjunct to decrease intrathoracic pressure, and a slow, controlled sequential elevation of the head and thorax. This course focuses on the physiology of Neuroprotective CPR (NP -CPR), hands- on skills training, and the improvements agencies have achieved using NP -CPR. Learning NP -CPR will require the providers to undergo a significant `paradigm shift' in his and her thinking regarding the treatment of a patient in cardiac arrest. NP- CPR starts with delivering conventional CPR as soon as possible, and then rapidly transitions to an essentially new and different approach to augment blood flow through the brain and heart during CPR. Providers will learn new skills fundamental to NP -CPR and the training session will be the foundation for on- going learning and practice of the skills introduced in this initial workforce training session. 413 Objectives: • Review physiology of conventional resuscitation • Introduce physiology of neuroprotective resuscitation • Explain necessary mechanical components of NP -CPR • Comprehend the rationale for the NP -CPR • Stimulate the desire to change from the current resuscitation paradigm to NP -CPR • Define Pit Crew roles & responsibilities for NP -CPR • Demonstrate practical use and application of all mechanical components of NP -CPR 5.1.1.3. Confirmation from the EMS Medical Director that they have read and reviewed the training and will assist in implementing the training. Medical Director Name: Dr. Roger Nicosia Medical Director_ Signature/Date: ' Roger fNic6sia, D.O., Medical Director 5.1.1.4. Name of third -party training vendor: Advanced CPR Solutions 5.1.1.5. Maximum number of staff to be trained: 1201 5.1.1.6. Timeline for the delivery of the training and anticipated training dates: February/2024. 5.1.1.7. Description of how training completion will be documented. This can include attendance sheets, certificates, or attestations from the EMS training officer or agency designee. 5.1.3.1. Create an attendance sheet for each day of the training and ensure each trainee signs the attendance sheet at the beginning and end of each day of the 5.1.3.2. Ensure each completed attendance sheet is signed by an EMS training officer or agency designee attesting to its accuracy. Submit the completed attendance sheets and any other documentation certifying training completion as approved in the Training Plan, with the invoice. See Attached Training Attendance Sheet 414 /o6) 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 rale, 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: V C�flo D E -_-A c k4 SDr K -D[ZU {= ADDRESS: �/�7 A +2=� ` 1 S P t �c PHONE: 91-7 22 5 1 7_3 SUBJECT MATTER FOR DISCUSSION: I j\!/u U rj, Sd C K—, [�No IS A DTGTTAL/ELECTRONIC PRESENTATION PLANNED? E] YES WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? -� ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? E YES Z NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS 0_ REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered Phone INTERIM COUNTY ADMINISTRATOR: Michael Zito MEETING DATE: 415 Office Of Public Notice 01/09/2024 INDIAN RIVER COUNTY ATrORNEY 'ORI William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: December 28, 2023 SUBJECT: Public Notice of Public Hearing for January 23, 2024, to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 1 Year with regard to Class B Biosolids The Board of County Commissioners will hold a Public Hearing on Tuesday, January 23, 2024, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA 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. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. 416 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department IRC Public Shooting Range DEPARTMENTAL BCC Meeting January 09, 2024 Date: December 28, 2023 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Director of Parks, Recreation and Conservation From: Jerry Seldes, Manager, Indian River County Public Shooting Range Subject: Indian River County Shooting Range Standard Operating Procedure Guide BACKGROUND: Staff is proposing approval of a revised Indian River County Shooting Range Standard Operating Procedure Guide (Guide) which will govern the use of the facility, as well as outline the range rules and procedures for both guests and staff. This Guide will provide Board approved structure and standardization of commonly held business/operational practices. The opportunity for public and Board comment is sought for this approved Guide. The Guide's operational and business approach includes: • Updated Range Rules for guests and staff • Facility use, reservations, staffing, and fees • New Employee Orientation/Training Program DESCRIPTION AND CONDITIONS: The goal of this Board approved Guide is to provide staff with levels of service standards, parameters for the operations and training in the safe and responsible operation of the facility, guest services expectations, guest rules and expectations of proper facility usage, staffing expectations and protocols, and the overall standardization of business practices. The development of policy, procedures and training material is an ongoing process, with the goal of staff to operate a safe, friendly, clean and well-maintained shooting sports facility. Staff is requesting authorization to make minor modifications to the Guide with Board approval for substantive changes. The Guide has been reviewed by the County Attorney's Office, Human Resources Department, and the County's Risk Manager for compliance and consistency within the County's Code of Ordinances and Administrative Policy Manual. Where any errors or omissions are discovered, the County's Code of Ordinances, local, state or Federal laws, or the County's Administrative Policy Manual shall prevail. 417 FUNDING: There are no operational or expense funding impacts requested or associated with this item. STAFF RECOMMENDATION: Staff respectfully requests that the Board approve the Indian River County Shooting Range Standard Operating Procedure Guide and authorize the Parks, Recreation and Conservation Director to approve any minor modifications to the Guide as needed reflecting appropriate guest services, general updates, and after discovered errors and omissions that do not substantially alter the intent of the Guide. ATTACHMENT: Draft Indian River County Shooting Range Standard Operating Procedure Guide dated 12/15/23 Draft Shooting Range Reservation Agreement, dated 12/23/23 Draft Shooting Range License Agreement DISTRIBUTION: William R. Cline, FFWCC, Tallahassee, FL APPROVED AGENDA ITEM FOR January 09, 2024 418 INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE The Mission of the Indian River County Public Shooting Range is "to provide a helpful, professional, and safe environment to everyone interested in shooting sports. Whether a new or experienced shooter we are committed to making your visit with us one you will want to repeat." STANDARD OPERATING PROCEDURE GUIDE COPY LOCATION: UPDATED 419 c G • — saoo RANGE >-oRO':" 1.0 Introduction: Purpose Indian River County operates a complete public shooting range under a concession lease with the Florida Fish & Wildlife Conservation Commission (FWC #00252). The Indian River County Public Shooting Range was constructed on State owned land and developed by Indian River County through funds made available frorn the U.S. Fish and Wildlife Service (FWS). The Range is structured to provide esa%, supervised facility for residents and visitors of the Treasure Coast. Location - The Range is located one mile east of 1-95 at 10455 102nd Terrace, Sebastian, Florida. The sport shooting campus was created in partnership with the FWS, FWC, and the Board of County Commissioners of Indian River County, Florida. Amenities: The shooting sport campus has a separate rifle and pistol range with 35 covered outdoor pistol stations and 29 covered outdoor rifle stations. The pistol range provides 7,15, and 25 -yard distance targets and the rifle range provides 50, 100 and two 200 -yard firing positions. A full selection of shotgun sports is available on the property including skeet and trap fields, a 15 station walk through sporting clay course, and a five -stand clay range. Located on the property is an archery field, a 14 -station archery walk through course, an air gun range, an action field and a classroom building available for special events and approved activities. An onsite office and restroom facilities are also available. Hours of Operation: Hours of public operation are 9:OOam — 5:OOpm Thursday through Monday and closed Tuesdays and Wednesdays. Gates open at 8:30am with the first shot starting at 9:OOam. The Range may close due to inclement weather (lightening). Closures and weather delays are posted on social media (Facebook at www.facebook.com/goshooting[RC) and the County's webpage at www.Indianriver.gov/range. Last shot for Rifle/Pistol/Skeet/Trap is 4:45PM (excluding skeet/trap night shooting events — last shot is 8:45pm) 420 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 1.O Introduction 1.0 01/09/24 SOP SUBJECT Introduction Indian River County operates a complete public shooting range under a concession lease with the Florida Fish & Wildlife Conservation Commission (FWC #00252). The Indian River County Public Shooting Range was constructed on State owned land and developed by Indian River County through funds made available frorn the U.S. Fish and Wildlife Service (FWS). The Range is structured to provide esa%, supervised facility for residents and visitors of the Treasure Coast. Location - The Range is located one mile east of 1-95 at 10455 102nd Terrace, Sebastian, Florida. The sport shooting campus was created in partnership with the FWS, FWC, and the Board of County Commissioners of Indian River County, Florida. Amenities: The shooting sport campus has a separate rifle and pistol range with 35 covered outdoor pistol stations and 29 covered outdoor rifle stations. The pistol range provides 7,15, and 25 -yard distance targets and the rifle range provides 50, 100 and two 200 -yard firing positions. A full selection of shotgun sports is available on the property including skeet and trap fields, a 15 station walk through sporting clay course, and a five -stand clay range. Located on the property is an archery field, a 14 -station archery walk through course, an air gun range, an action field and a classroom building available for special events and approved activities. An onsite office and restroom facilities are also available. Hours of Operation: Hours of public operation are 9:OOam — 5:OOpm Thursday through Monday and closed Tuesdays and Wednesdays. Gates open at 8:30am with the first shot starting at 9:OOam. The Range may close due to inclement weather (lightening). Closures and weather delays are posted on social media (Facebook at www.facebook.com/goshooting[RC) and the County's webpage at www.Indianriver.gov/range. Last shot for Rifle/Pistol/Skeet/Trap is 4:45PM (excluding skeet/trap night shooting events — last shot is 8:45pm) 420 Standard Operating Procedures: The goal of the Standard Operating Procedure Guide is to provide staff guidance and training in the safe and responsible operation of the facility. The development of policy, procedures and training material is an ongoing process, with the goal of staff to operate a safe, friendly, clean and well-maintained shooting sports facility. These standards will be provided to current Indian River County Public Shooting Range staff to provide them the County's expectations, and serve as guidelines in the completion of work related to maintaining a public shooting range within the County's parks system. It is the responsibility of all Indian River County Public Shooting Range staff to review this document and become familiar with its content. 421 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 1.O Introduction 1.0 01/09/24 SOP SUBJECT Introduction Standard Operating Procedures: The goal of the Standard Operating Procedure Guide is to provide staff guidance and training in the safe and responsible operation of the facility. The development of policy, procedures and training material is an ongoing process, with the goal of staff to operate a safe, friendly, clean and well-maintained shooting sports facility. These standards will be provided to current Indian River County Public Shooting Range staff to provide them the County's expectations, and serve as guidelines in the completion of work related to maintaining a public shooting range within the County's parks system. It is the responsibility of all Indian River County Public Shooting Range staff to review this document and become familiar with its content. 421 a sauorrnG RANGE OR19" 2.1 General — Range Safety Safety is the top priority. ALWAYS TREAT EVERY FIREARM AS IF IT IS LOADED. Guests may not carry concealed or holstered firearms on the property (except active Law Enforcement Officers). Guests may not bring loaded firearms into the Ranges. All firearms must be unloaded (magazines removed) before shooters may enter any of the range areas. Shoes must be closed toe (sandals, flip flops, etc. not permitted), Shirts must have sleeves. Sleeveless shirts/tank tops are not permitted. All guests on the property must be registered with the range or have a signed waiver on file. Guests may register online at www.indianriver.gov/range. Junior shooters (ages 10 — 17) must be under the direct supervision (with the child in the lane) of a parent/guardian at all times. Destruction of Range property is prohibited and will result in immediate removal from Range property. Tracer rounds, or any type of incendiary ammunition is not permitted on the property. Hearing and eye protection are required on all range areas (primary and secondary protection is recommended — ear plugs plus ear muffs) Flora and Fauna are not to be disturbed or molested in any manner. Guests may not feed, harm, interfere or try to pet any wild animal on the property. Dogs must be controlled with a maximum 6' leash at all times (County Code 205.02(12). Guests must follow the commands of the Range Officers. Range officers are authorized to request removal of any individual who does not comply with Range rules (County Code 205.02(7). Any form of harassment, using abusive language, assault or failure to comply with a Range Officer may lead to expulsion from the range. Targets with facial features, exploding targets, or bleeding targets are not permitted for use at the Range. 422 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 2.0 Range Safety 2.1 01/09/24 SOP SUBJECT General Range Safety Rules 2.1 General — Range Safety Safety is the top priority. ALWAYS TREAT EVERY FIREARM AS IF IT IS LOADED. Guests may not carry concealed or holstered firearms on the property (except active Law Enforcement Officers). Guests may not bring loaded firearms into the Ranges. All firearms must be unloaded (magazines removed) before shooters may enter any of the range areas. Shoes must be closed toe (sandals, flip flops, etc. not permitted), Shirts must have sleeves. Sleeveless shirts/tank tops are not permitted. All guests on the property must be registered with the range or have a signed waiver on file. Guests may register online at www.indianriver.gov/range. Junior shooters (ages 10 — 17) must be under the direct supervision (with the child in the lane) of a parent/guardian at all times. Destruction of Range property is prohibited and will result in immediate removal from Range property. Tracer rounds, or any type of incendiary ammunition is not permitted on the property. Hearing and eye protection are required on all range areas (primary and secondary protection is recommended — ear plugs plus ear muffs) Flora and Fauna are not to be disturbed or molested in any manner. Guests may not feed, harm, interfere or try to pet any wild animal on the property. Dogs must be controlled with a maximum 6' leash at all times (County Code 205.02(12). Guests must follow the commands of the Range Officers. Range officers are authorized to request removal of any individual who does not comply with Range rules (County Code 205.02(7). Any form of harassment, using abusive language, assault or failure to comply with a Range Officer may lead to expulsion from the range. Targets with facial features, exploding targets, or bleeding targets are not permitted for use at the Range. 422 The use of alcoholic beverages or controlled substances are strictly prohibited on the Range property (County Code 205.02(26). Should a Range Officer suspect a guest is under the influence of alcohol or drugs, the guest will not be allowed to participate in any shooting activity and may be asked to leave the Range. Should behavior become an issue, law enforcement will be contacted and the guest will be escorted off the property. Security cameras are in use with recording capabilities and may be used to ensure the safe operation and management of the Range. on range property Guests should immediately notify staff of any problems, disturbances and safety issues, including unsafe firearms handling 423 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 2.0 Range Safety 2.1 01/09/24 SUBJECT SOP General Range Safety Rules The use of alcoholic beverages or controlled substances are strictly prohibited on the Range property (County Code 205.02(26). Should a Range Officer suspect a guest is under the influence of alcohol or drugs, the guest will not be allowed to participate in any shooting activity and may be asked to leave the Range. Should behavior become an issue, law enforcement will be contacted and the guest will be escorted off the property. Security cameras are in use with recording capabilities and may be used to ensure the safe operation and management of the Range. on range property Guests should immediately notify staff of any problems, disturbances and safety issues, including unsafe firearms handling 423 2.2 Rifle/Pistol Range Safety Treat all firearms as if they are loaded! Firearms should be in a case, if a case is not available, firearms need to be carried unloaded, actions locked open, with magazines removed., muzzle up. Always point the muzzle in a safe direction (muzzle up). Always keep your finger off the trigger until ready to shoot. Pistols may not be carried in a holster on the firing line (except Law Enforcement). All firearms must have sights and a stock (no pistol grip only shotguns). Rapid fire is prohibited (safe rate is one shot at least every 2 seconds). Range officers will bring guests through waiting area, assign a shooting lane, check firearms for obstructions and make a visual inspection of the firearms. Guests may handle firearms, go downrange to work with their targets, or begin firing only at the command of the Range Officers. Firearms may only be loaded only on the firing line and only at the command of the Range Officer. The muzzles of loaded firearms must always point down range. All muzzles must extend beyond the yellow line on the bench when firing. Fully automatic firearms, firearms with binary or forced reset triggers or firearms that have modified to produce rapid fire are not permitted on the Rifle/Pistol Ranges. Rifles chambered in .50 BMG are only permitted at the discretion of the Range staff and only at designated lanes (this is not permitted on Saturdays and Sundays). Guests must qualify at 100 yards before they can shoot on 200 -yard line rifle lanes. Range areas are considered "HOT' after the Range Officer has announced "going Hot" and when guests are preparing to shoot and shooting. Guests may not walk down range while the firing line is "HOT'. Cross firing (firing from one lane into another) is not permitted. Guests may only shoot the target in their own assigned lane. DE SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 2.0 Range Safety 2.2 'I 01 /09/24 SUBJECT SOP Pistol Rifle Range Safety Rules 2.2 Rifle/Pistol Range Safety Treat all firearms as if they are loaded! Firearms should be in a case, if a case is not available, firearms need to be carried unloaded, actions locked open, with magazines removed., muzzle up. Always point the muzzle in a safe direction (muzzle up). Always keep your finger off the trigger until ready to shoot. Pistols may not be carried in a holster on the firing line (except Law Enforcement). All firearms must have sights and a stock (no pistol grip only shotguns). Rapid fire is prohibited (safe rate is one shot at least every 2 seconds). Range officers will bring guests through waiting area, assign a shooting lane, check firearms for obstructions and make a visual inspection of the firearms. Guests may handle firearms, go downrange to work with their targets, or begin firing only at the command of the Range Officers. Firearms may only be loaded only on the firing line and only at the command of the Range Officer. The muzzles of loaded firearms must always point down range. All muzzles must extend beyond the yellow line on the bench when firing. Fully automatic firearms, firearms with binary or forced reset triggers or firearms that have modified to produce rapid fire are not permitted on the Rifle/Pistol Ranges. Rifles chambered in .50 BMG are only permitted at the discretion of the Range staff and only at designated lanes (this is not permitted on Saturdays and Sundays). Guests must qualify at 100 yards before they can shoot on 200 -yard line rifle lanes. Range areas are considered "HOT' after the Range Officer has announced "going Hot" and when guests are preparing to shoot and shooting. Guests may not walk down range while the firing line is "HOT'. Cross firing (firing from one lane into another) is not permitted. Guests may only shoot the target in their own assigned lane. DE Guests may share a lane as long as only one guest is shooting at a time. A person possessing an NFA firearm registered as required by law must have proof of registration with them, that is, the document showing that the person's firearm is registered. Range staff may ask if you have this but will not ask to see it. Guests are asked to help pick up their empty brass and place it in the brass buckets provided on the ranges. (Brooms and dust pans are provided). Unless your own, all ammo casings are property of the range and may not be removed. 425 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 2.0 Range Safety 2.2 01/09/24 SOP SUBJECT Pistol Rifle Range Safety Rules Guests may share a lane as long as only one guest is shooting at a time. A person possessing an NFA firearm registered as required by law must have proof of registration with them, that is, the document showing that the person's firearm is registered. Range staff may ask if you have this but will not ask to see it. Guests are asked to help pick up their empty brass and place it in the brass buckets provided on the ranges. (Brooms and dust pans are provided). Unless your own, all ammo casings are property of the range and may not be removed. 425 2.3 Shotgun Sports (Skeet/Trap, Sporting Clays, 5 Stand) Be a responsible shooter by following the safety rules. Never load more than two (2) shells when shooting sporting clays, 5- stand or skeet/ trap. On Skeet/Trap, Sporting Clays and 5 -Stand, only #7.5, #8 and #9 lead shot are allowed. Steel shot is not permitted. Do not attempt to fill, fix or adjust any clay target machine. Notify the Range Staff of any machine malfunction. Shooting games other than Skeet/Trap, such as "Pick a Piece," Annie Oakley, "Buddy," or "Knock -Out" or other similar games are not permitted on the fields. Always keep your firearm unloaded and your action open until you are in the shooting position (Feet moving, Action Open!). Stay on designated walkways and trails. Never walk off the Sporting Clays trail or off sidewalks going to and from 5 -Stand and Trap fields. Never walk in front of any shooting position or clay target machine. Unload your shotgun — keep action open — before leaving the shooting position. If your feet are moving, your action should be open, and your gun pointed in a safe direction. No practice swings are allowed except while in the shooting position or in a designated practice area. All Sporting Clay shots must be taken from the shooting position in the station your target card is controlling. Shooting anywhere else — including next to or in front of another station — is strictly prohibited. Never handle another shooter's firearm without their permission. No golf cart/ATV speeding — speeding is considered driving faster than a person jogging. Use of Firearm racks that hold a firearm in a horizontal position, as with those on some ATV's of golf carts is prohibited. Shooting of items other then clay targets, including wildlife is strictly prohibited. 426 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 2.0 Range Safety 2.3 01/09/24 SOP SUBJECT Shotgun Sports Safety Rules (Skeet/Trap, 5 Stand, Sporting Clays) 2.3 Shotgun Sports (Skeet/Trap, Sporting Clays, 5 Stand) Be a responsible shooter by following the safety rules. Never load more than two (2) shells when shooting sporting clays, 5- stand or skeet/ trap. On Skeet/Trap, Sporting Clays and 5 -Stand, only #7.5, #8 and #9 lead shot are allowed. Steel shot is not permitted. Do not attempt to fill, fix or adjust any clay target machine. Notify the Range Staff of any machine malfunction. Shooting games other than Skeet/Trap, such as "Pick a Piece," Annie Oakley, "Buddy," or "Knock -Out" or other similar games are not permitted on the fields. Always keep your firearm unloaded and your action open until you are in the shooting position (Feet moving, Action Open!). Stay on designated walkways and trails. Never walk off the Sporting Clays trail or off sidewalks going to and from 5 -Stand and Trap fields. Never walk in front of any shooting position or clay target machine. Unload your shotgun — keep action open — before leaving the shooting position. If your feet are moving, your action should be open, and your gun pointed in a safe direction. No practice swings are allowed except while in the shooting position or in a designated practice area. All Sporting Clay shots must be taken from the shooting position in the station your target card is controlling. Shooting anywhere else — including next to or in front of another station — is strictly prohibited. Never handle another shooter's firearm without their permission. No golf cart/ATV speeding — speeding is considered driving faster than a person jogging. Use of Firearm racks that hold a firearm in a horizontal position, as with those on some ATV's of golf carts is prohibited. Shooting of items other then clay targets, including wildlife is strictly prohibited. 426 5�N, ER CG 7 • ssoouNG �1-0o RANGE s ORI Please place all trash and spent shotgun shells, in designated waste receptacles. 427 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 2.0 Range Safety 2.3 01/09/24 SOP SUBJECT Shotgun Sports Safety Rules (Skeet/Trap, 5 Stand, Sporting Clays) Please place all trash and spent shotgun shells, in designated waste receptacles. 427 r� •i SHOOTING M "� HANGS 2.4 Archery/Air gun All guests must be registered and pay first at the main office. Guests are reminded not to leave valuables in the vehicles and to make sure their vehicles are locked/secured. Verify that the ranges are clear before shooting archery/air gun. Only shoot at designated targets. Guests under 18 must be accompanied by parent/guardian. Always be aware of your target and what is beyond it. Report any safety issues, problems or damage to the range office. Archery Range/Course Number of arrows in = number of arrows out. Search for lost arrows with extreme caution. While searching for lost arrows behind targets, have someone watch for other shooters on the Archery Range. Always keep nocked arrow pointed towards target. Always draw bow with arrow parallel to the ground. Only nock arrows when at the shooting line. Broadhead arrow shooting is prohibited — use only field points. When finished shooting, place bow on rack or set it down and wait behind the shooting line until all archers are finished shooting. Air Gun Range Only Air guns with a muzzle velocity of 650 FPS or less are allowed. Over 650 FPS must use the Rifle/Pistol Range. All applicable Range Rules apply. 428 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 2.0 Range Safety 2.4 01/0924 SOP SUBJECT Archery/Air gun Range Safety Rules All guests must be registered and pay first at the main office. Guests are reminded not to leave valuables in the vehicles and to make sure their vehicles are locked/secured. Verify that the ranges are clear before shooting archery/air gun. Only shoot at designated targets. Guests under 18 must be accompanied by parent/guardian. Always be aware of your target and what is beyond it. Report any safety issues, problems or damage to the range office. Archery Range/Course Number of arrows in = number of arrows out. Search for lost arrows with extreme caution. While searching for lost arrows behind targets, have someone watch for other shooters on the Archery Range. Always keep nocked arrow pointed towards target. Always draw bow with arrow parallel to the ground. Only nock arrows when at the shooting line. Broadhead arrow shooting is prohibited — use only field points. When finished shooting, place bow on rack or set it down and wait behind the shooting line until all archers are finished shooting. Air Gun Range Only Air guns with a muzzle velocity of 650 FPS or less are allowed. Over 650 FPS must use the Rifle/Pistol Range. All applicable Range Rules apply. 428 3.1 Guest Check -In Procedures A. Guest presents Range Safety Card. 1. Check in guest using CivicRec by scanning card 2. Process transaction using the Point of Sale system, based on their needs 3. Provide a copy of their register receipt to show the range officers. 4. For cash transactions ensure correct change is given. 5. Provide verbal confirmation of the cash denomination provided..." $12.60 out of $20.00" by the guest. 6. Provide verbal confirmation of the cash (change) given back to the guest. 7. Ask each guest if they have any questions. B. Unregistered Guest 1. Assist in registering the guest, either on their phones or manually (indianriver.gov/range) 2. Explain that they must acknowledge the waiver/safety release form and range rules before they shoot 3. Go over range safety rules with each new guest before they leave the Admin Building. 4. Take a photo of the guest and print out card for them. 5. There are paper safety waiver/range rules forms available to fill out if system is unavailable or the guests has no email. (check the "limited uses' box during registration. 6. Remember to ask each guest if they have any questions. 7. Give each guest a copy of their register receipt to show the range officers C. Guest Registration 1. Make sure that we have a current and correct email. 2. Minors need to be on a parents account. 3. Each adult needs their own separate account. 4.Make sure that the safety waiver/release is emailed to the guest and signed before they leave the register area (there are paper copies in case of down time/issues) 429 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.1 Operations 01/0924 SOP SUBJECT Guest Check -In 3.1 Guest Check -In Procedures A. Guest presents Range Safety Card. 1. Check in guest using CivicRec by scanning card 2. Process transaction using the Point of Sale system, based on their needs 3. Provide a copy of their register receipt to show the range officers. 4. For cash transactions ensure correct change is given. 5. Provide verbal confirmation of the cash denomination provided..." $12.60 out of $20.00" by the guest. 6. Provide verbal confirmation of the cash (change) given back to the guest. 7. Ask each guest if they have any questions. B. Unregistered Guest 1. Assist in registering the guest, either on their phones or manually (indianriver.gov/range) 2. Explain that they must acknowledge the waiver/safety release form and range rules before they shoot 3. Go over range safety rules with each new guest before they leave the Admin Building. 4. Take a photo of the guest and print out card for them. 5. There are paper safety waiver/range rules forms available to fill out if system is unavailable or the guests has no email. (check the "limited uses' box during registration. 6. Remember to ask each guest if they have any questions. 7. Give each guest a copy of their register receipt to show the range officers C. Guest Registration 1. Make sure that we have a current and correct email. 2. Minors need to be on a parents account. 3. Each adult needs their own separate account. 4.Make sure that the safety waiver/release is emailed to the guest and signed before they leave the register area (there are paper copies in case of down time/issues) 429 5. Clay shooters can either purchase a silver Clays Card or acquire a House Card for use at the sporting clays, five -stand, skeet or trap ranges. House card requires the guest to leave a Driver's License. Targets left on a house card are not refunded. 6. There is a replacement fee if the registration card is lost or damaged. D. POS Items A. Shotgun guests can either purchase a pre -paid Clays Card (Silver Card) or acquire a House Card for use at the sporting clays, five -stand, skeet or trap ranges. Pre -Paid Clay Cards (Silver Cards): Prepaid Clays Cards can be used for any of the shotgun shooting sports activities. These cards can be purchased in the administrative building for a one-time fee. Any amount of money (whole $ amounts only) can be loaded onto the card for use on the guest's visit and return visits. The card is for them to keep and use without having to stop at office. 2. House Cards: House Cards can be loaded with a whole dollar amount for guests to use while at the facility. Guests using a House Card must leave a copy of their driver's license with staff in the main/clay sales building. House Cards are used while the guest is at the facility. Guests return the house card to the main/clay sales building before staff returns their driver's license. Guests should be reminded that there is no refund for unused clays. 430 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.1 Operations 01/0924 SOP SUBJECT Guest Check -In 5. Clay shooters can either purchase a silver Clays Card or acquire a House Card for use at the sporting clays, five -stand, skeet or trap ranges. House card requires the guest to leave a Driver's License. Targets left on a house card are not refunded. 6. There is a replacement fee if the registration card is lost or damaged. D. POS Items A. Shotgun guests can either purchase a pre -paid Clays Card (Silver Card) or acquire a House Card for use at the sporting clays, five -stand, skeet or trap ranges. Pre -Paid Clay Cards (Silver Cards): Prepaid Clays Cards can be used for any of the shotgun shooting sports activities. These cards can be purchased in the administrative building for a one-time fee. Any amount of money (whole $ amounts only) can be loaded onto the card for use on the guest's visit and return visits. The card is for them to keep and use without having to stop at office. 2. House Cards: House Cards can be loaded with a whole dollar amount for guests to use while at the facility. Guests using a House Card must leave a copy of their driver's license with staff in the main/clay sales building. House Cards are used while the guest is at the facility. Guests return the house card to the main/clay sales building before staff returns their driver's license. Guests should be reminded that there is no refund for unused clays. 430 coo •!I SHOOTING • '� RANGE Ar III 3.2 AMMO ALLOWED ON RIFLE/PISTOL RANGE/SHOTGUN Pistol Range For firearms, .22 caliber and up This includes black powder pistols as well as all shotgun rounds except for "exotics". Any incendiary rounds are not permitted. Minimum distance to shoot a shotgun is 15yards. Shotguns are not permitted on the 7 - yard line 25 rounds of shotgun allowed at one time. Air rifles with a feet per second (fps) of 650 or more are allowed. Self-defense "rubber ball" pistols are allowed even though their fps Is less than 650 feet per second. Rifle Range All calibers from .22 and higher are allowed. All air rifles with a feet per second of more than 650 are allowed. All black powder firearms are allowed. Shotgunsshooting slugs are allowed; however, shot loads are prohibited "Exotics" and tracer rounds are prohibited. .50 BMG is allowed only on weekdays. ..338 Lapula Magnum, 50 BMG and higher are not permitted on 200 yard steel targets While a .50 BMG is being shot — two lanes on either side of the shooter must be kept vacant. In the event that someone is shooting a .50bmg, two lanes on either side of the shooter need to be kept vacant. 431 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.2 Operations 01/09/24 SOP SUBJECT Ammunition Allowed on Rifle/Pistol/Shotgun Ranges 3.2 AMMO ALLOWED ON RIFLE/PISTOL RANGE/SHOTGUN Pistol Range For firearms, .22 caliber and up This includes black powder pistols as well as all shotgun rounds except for "exotics". Any incendiary rounds are not permitted. Minimum distance to shoot a shotgun is 15yards. Shotguns are not permitted on the 7 - yard line 25 rounds of shotgun allowed at one time. Air rifles with a feet per second (fps) of 650 or more are allowed. Self-defense "rubber ball" pistols are allowed even though their fps Is less than 650 feet per second. Rifle Range All calibers from .22 and higher are allowed. All air rifles with a feet per second of more than 650 are allowed. All black powder firearms are allowed. Shotgunsshooting slugs are allowed; however, shot loads are prohibited "Exotics" and tracer rounds are prohibited. .50 BMG is allowed only on weekdays. ..338 Lapula Magnum, 50 BMG and higher are not permitted on 200 yard steel targets While a .50 BMG is being shot — two lanes on either side of the shooter must be kept vacant. In the event that someone is shooting a .50bmg, two lanes on either side of the shooter need to be kept vacant. 431 «�N! Ek CU y Sloanns [ RANGE ORI� ALLOWED ON RIFLE RANGE SECTION NUMBER EFFECTIVE SHOOTING 650 fps and higher. SHOTGUNS -SLUGS ONLY DATE RANGE 3.0 Range 3.2 Pistol caliber carbines (regardless of barrel This includes pistols, pistol caliber carbines Operations rifles and shotguns. 01/09/24 SOP SUBJECT All shot and slugs can be used (up to 25 Ammunition Allowed on shots). .50 BMG firearms are allowed on weekdays Rifle/Pistol/Shotgun Ranges only. ALLOWED ON RIFLE RANGE ALLOWED ON PISTOL RANGE Air pistols or rifles with a muzzle velocity of Air pistols or rifles with a muzzle velocity of 650 fps and higher. 650 fps and higher. SHOTGUNS -SLUGS ONLY Pistols in any configuration, regardless of (No birdshot, buckshot, etc). caliber (ex: AK -47 pistol shooting 7.62x39). Any firearm that has at least a 6 inch barrel. Pistol caliber carbines (regardless of barrel This includes pistols, pistol caliber carbines length). rifles and shotguns. Black powder firearms and muzzle loaders. SHOTGUNS All shot and slugs can be used (up to 25 shots). .50 BMG firearms are allowed on weekdays Pistol caliber rifles (regardless of barrel only. length). SHOTGUN RANGES (SKEET/TRAP/SPORTING CLAYS/FIVE STAND) Bird shot/target loads only. (#7, #71/2, #8 and #9 only) No slugs, buckshot, or steel shot allowed Shotgun Fields/Course Only 7 1/2, 8 or 9 lead shot allowed No more than 2 rounds loaded in each shotgun All shotguns must have a stock. 432 CG /( SHOOTING ILAXUANG RH 3.3 TARGET PLACEMENT RIFLE/PISTOL Targets are placed in the center of the cardboard backer. The cardboard backer is mounted approximately 12" from the top of the wooden frame, using a staple gun, available on the ranges. Improperly placed targets can cause damages to the frames/safety baffles and can cause rounds to escape the range. Targets should be placed in the center of the frame as shown in the example below: Nuka&rQl acast 1,21 qC60% cc irk E- 4ff-- * E 10 JgadKer P1x N"-- G 433 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.3 Operations 01/09/24 SOP SUBJECT Target Placement Rifle/Pistol Ranges 3.3 TARGET PLACEMENT RIFLE/PISTOL Targets are placed in the center of the cardboard backer. The cardboard backer is mounted approximately 12" from the top of the wooden frame, using a staple gun, available on the ranges. Improperly placed targets can cause damages to the frames/safety baffles and can cause rounds to escape the range. Targets should be placed in the center of the frame as shown in the example below: Nuka&rQl acast 1,21 qC60% cc irk E- 4ff-- * E 10 JgadKer P1x N"-- G 433 1\ �• .�.,I SHOOTING J )once .ORW' 3.4 Calling the line atthe Indian River County Public Shooting Range CALLING THE LINE "COLD" (Range Officers Calling a cease fire and making the line safe.) "ATTENTION SHOOTERS! At this time fire what you have left in your firearm but, DO NOT RELOAD. After you've finished firing what's left in your firearm, make your firearm SAFE by removing all magazines and locking all actions to the rear. Once you've made your firearm SAFE please step and remain behind the red line". PAUSE UNTIL GUESTS ARE ALL STANDING BEHIND THE RED LINE. "At this time, anyone wishing to leave for the day may move their firearm(s) to the rear bench. Remember to point your muzzles UP when moving your firearms". PAUSE UNTIL ALL GUESTS WHO ARE LEAVING HAVE MOVED THEIR FIREARMS TO THE REAR BENCH AND ALL GUESTS ARE AGAIN SAFELY STANDING BEHIND THE RED LINE. "Alright shooters, the line is now COLD. At this time, you may go downrange and work with your targets. There will be absolutely no handling of firearms while we have people downrange. If you're not going downrange to work on your target please STAY BEHIND THE RED LINE. The line is now COLD". CALLING THE LINE HOT As a team, all range officers should be observing the shooter's activity downrange. This includes watching for the 200yrd line shooters (if any) returning on the golf cart. All range officers should be communicating with each other BEFORE the line is called HOT again. It is EVERYONE'S responsibility to watch downrange and to give the all clear sign to the Range Officer operating the microphone BEFORE allowing shooters to begin firing. "ATTENTION SHOOTERS! Eye and ear protection are mandatory at this time. You may go forward and resume firing at your targets. There will be no rapid fire. One shot every 2 seconds. The line is now HOT!" 434 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.4 Operations 01/09/24 SOP SUBJECT Calling the Line Hot/Cold 3.4 Calling the line atthe Indian River County Public Shooting Range CALLING THE LINE "COLD" (Range Officers Calling a cease fire and making the line safe.) "ATTENTION SHOOTERS! At this time fire what you have left in your firearm but, DO NOT RELOAD. After you've finished firing what's left in your firearm, make your firearm SAFE by removing all magazines and locking all actions to the rear. Once you've made your firearm SAFE please step and remain behind the red line". PAUSE UNTIL GUESTS ARE ALL STANDING BEHIND THE RED LINE. "At this time, anyone wishing to leave for the day may move their firearm(s) to the rear bench. Remember to point your muzzles UP when moving your firearms". PAUSE UNTIL ALL GUESTS WHO ARE LEAVING HAVE MOVED THEIR FIREARMS TO THE REAR BENCH AND ALL GUESTS ARE AGAIN SAFELY STANDING BEHIND THE RED LINE. "Alright shooters, the line is now COLD. At this time, you may go downrange and work with your targets. There will be absolutely no handling of firearms while we have people downrange. If you're not going downrange to work on your target please STAY BEHIND THE RED LINE. The line is now COLD". CALLING THE LINE HOT As a team, all range officers should be observing the shooter's activity downrange. This includes watching for the 200yrd line shooters (if any) returning on the golf cart. All range officers should be communicating with each other BEFORE the line is called HOT again. It is EVERYONE'S responsibility to watch downrange and to give the all clear sign to the Range Officer operating the microphone BEFORE allowing shooters to begin firing. "ATTENTION SHOOTERS! Eye and ear protection are mandatory at this time. You may go forward and resume firing at your targets. There will be no rapid fire. One shot every 2 seconds. The line is now HOT!" 434 Range Officers should, periodically remind shooters to sweep up their brass (if they don't intend to keep it) and place it in the orange buckets behind them. 435 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.4 Operations 01/09/24 SOP SUBJECT Calling the Line Hot/Cold Range Officers should, periodically remind shooters to sweep up their brass (if they don't intend to keep it) and place it in the orange buckets behind them. 435 3.5 Staff/Law Enforcement Use of Firearms Carrying/Use of Firearms A. Shooting range staff are not sworn officers; therefore, they are not authorized to possess a firearm while on duty. This requirement does not prohibit staff from carrying a firearm in the normal performance of their duties or with the approval of Range Management in accordance with state law. For safety reasons Range Officers are not permitted to carry concealed firearms on the rifle/pistol/shotgun ranges during business hours. B. Guests are not permitted to enter the archery/air gun ranges or courses, rifle/pistol ranges, shotgun fields/sporting clay course with a loaded weapon and/or a concealed weapon. Violation of this rule may lead to expulsion of the guest (issued a range pass for another day). Law Enforcement Officers (LEO) Off duty sworn Law Enforcement Officers (LEO) must identify themselves to range staff and then may carry concealed/loaded. Only on duty uniformed LEO's may draw from holster. The Action Pistol range may be used by a LEO in need of specialized practice with permission of Range management. Shooting while on Duty Staff will not recreationally shoot while on duty. Staff may shoot while working; during their 15 -minute breaks/lunch for recreation, and staff may shoot for training, education, function testing/set up and/or sanctioned events. 436 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.5 Operations 01/09/24 SOP SUBJECT Staff/Law Enforcement Use of Firearms 3.5 Staff/Law Enforcement Use of Firearms Carrying/Use of Firearms A. Shooting range staff are not sworn officers; therefore, they are not authorized to possess a firearm while on duty. This requirement does not prohibit staff from carrying a firearm in the normal performance of their duties or with the approval of Range Management in accordance with state law. For safety reasons Range Officers are not permitted to carry concealed firearms on the rifle/pistol/shotgun ranges during business hours. B. Guests are not permitted to enter the archery/air gun ranges or courses, rifle/pistol ranges, shotgun fields/sporting clay course with a loaded weapon and/or a concealed weapon. Violation of this rule may lead to expulsion of the guest (issued a range pass for another day). Law Enforcement Officers (LEO) Off duty sworn Law Enforcement Officers (LEO) must identify themselves to range staff and then may carry concealed/loaded. Only on duty uniformed LEO's may draw from holster. The Action Pistol range may be used by a LEO in need of specialized practice with permission of Range management. Shooting while on Duty Staff will not recreationally shoot while on duty. Staff may shoot while working; during their 15 -minute breaks/lunch for recreation, and staff may shoot for training, education, function testing/set up and/or sanctioned events. 436 ,Q, o a • SR00nNG "C RANGE s �OR10� Purpose: To establish clear guidelines for the utilization of independent contract instructors at the Indian River County Public Shooting Range. Independent contractors are not employees of the County and not entitled to benefits of employees of the County. Policy: A. Staff currently employed at the Range may not act as instructors (or independent contractors) while employed by the County. Staff may offer guidance to guests while enforcing the range rules. B. The use of independent contractors is encouraged at the Range and must meet the following conditions and submit appropriate documentation to range management.: 1. Completed Instructor Agreement for Services 2. Completed indemnification form 3. Completed W9 4. Completed background screening form 5. Proof of insurance as specified in section III (8) of the Instructor Agreement for Service 6. Proof of instructor certification 7. Course description, to include: Title and description of class What can participants expect or gain by attending the class (goals & objectives)? Proposed days / times. Number of weeks (On going/sessions)? Date of first class? Target Population? Minimum / maximum number of students required to host the class. Any supplies needed for class? Cost of the class? Instructor Biography to be included marketing and any graphics (logo, pictures). 437 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.6 Operations 01/09/24 SUBJECT SOP Independent Contractor Instructors Policy To establish clear guidelines for the utilization of independent contract instructors at the Indian River County Public Shooting Range. Independent contractors are not employees of the County and not entitled to benefits of employees of the County. Policy: A. Staff currently employed at the Range may not act as instructors (or independent contractors) while employed by the County. Staff may offer guidance to guests while enforcing the range rules. B. The use of independent contractors is encouraged at the Range and must meet the following conditions and submit appropriate documentation to range management.: 1. Completed Instructor Agreement for Services 2. Completed indemnification form 3. Completed W9 4. Completed background screening form 5. Proof of insurance as specified in section III (8) of the Instructor Agreement for Service 6. Proof of instructor certification 7. Course description, to include: Title and description of class What can participants expect or gain by attending the class (goals & objectives)? Proposed days / times. Number of weeks (On going/sessions)? Date of first class? Target Population? Minimum / maximum number of students required to host the class. Any supplies needed for class? Cost of the class? Instructor Biography to be included marketing and any graphics (logo, pictures). 437 Lit — saoonns r f K.NGE 00)� ' C. Upon receiving completed documentation Range Management will review the information and if acceptable, will forward to Parks and Recreation for final approval. D. Classes will be scheduled/managed using Civic Rec. E. Payment to instructors will be processed through a Pay Request and should not be confused with "payroll". Contract instructors are paid as a vendor and will receive payment mailed to the address on file within 30 days of the date of service. 438 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.6 Operations 01/09/24 SOP SUBJECT Independent Contractor Instructors Policy C. Upon receiving completed documentation Range Management will review the information and if acceptable, will forward to Parks and Recreation for final approval. D. Classes will be scheduled/managed using Civic Rec. E. Payment to instructors will be processed through a Pay Request and should not be confused with "payroll". Contract instructors are paid as a vendor and will receive payment mailed to the address on file within 30 days of the date of service. 438 ��1�'Flt Cr J • 8M00'EfNB RANGE .v* 'ORW Purpose: To give Range Employees a guide on how to open and close daily point of sale transactions in the online reservation and Point of Sale (POS) system Civic Rec. These procedures will be used at each of the Range POS facilities that utilize CivicRec for POS transactions. These procedures should be followed even when there are no transactions taken for the day. A. Opening/Closing (Main Sales Office) 1. Register will open at 0830 each day. Shooting starts at 0900. 2. There are no refunds given at register and all sales are final. Rain checks (Range Pass) are provided at the register. 3. The Indian River County Cash Collection Policy is followed. 4. Register closes at 4:30PM 5. All tax-exempt purchases must be accompanied with a valid tax-exempt certificate B. Opening/Closing (Hunters Education) 1. Register hours will be Thursdays (1230 PM — 8:30PM as needed), Saturday and Sunday 0830 — 4:30PM. 2. Sporting clay sales end at 4pm and guests need to be off course by 4:30PM (except Thursdays — night shooting). 3. Other times as needed. 4. There are no refunds given at register and all sales are final. Rain checks are provided. 5. All appropriate cash handling procedures are followed. 6. All tax-exempt purchases must be accompanied with a valid Florida Consumer's Certificate of Exemption. Tax-Exemat certificate showina 501c3 status (Exemption Status). See Section 3.4 C. Close Out 1. Cash will be secured each night according to the Indian River County Cash Collection Policy. 2. Last day of the week or if Range will be closed for any length of time preventing next day courier, any cash deposits will be brought to the pool (or other approved location) and secured. 3. Cash tally sheet will be completed and close out paperwork will be forwarded to Finance at the end of each day but no later than end of the next day. 439 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.7 Operations 01/09/24 SOP SUBJECT POS Opening — Closing and Cash Handling Purpose: To give Range Employees a guide on how to open and close daily point of sale transactions in the online reservation and Point of Sale (POS) system Civic Rec. These procedures will be used at each of the Range POS facilities that utilize CivicRec for POS transactions. These procedures should be followed even when there are no transactions taken for the day. A. Opening/Closing (Main Sales Office) 1. Register will open at 0830 each day. Shooting starts at 0900. 2. There are no refunds given at register and all sales are final. Rain checks (Range Pass) are provided at the register. 3. The Indian River County Cash Collection Policy is followed. 4. Register closes at 4:30PM 5. All tax-exempt purchases must be accompanied with a valid tax-exempt certificate B. Opening/Closing (Hunters Education) 1. Register hours will be Thursdays (1230 PM — 8:30PM as needed), Saturday and Sunday 0830 — 4:30PM. 2. Sporting clay sales end at 4pm and guests need to be off course by 4:30PM (except Thursdays — night shooting). 3. Other times as needed. 4. There are no refunds given at register and all sales are final. Rain checks are provided. 5. All appropriate cash handling procedures are followed. 6. All tax-exempt purchases must be accompanied with a valid Florida Consumer's Certificate of Exemption. Tax-Exemat certificate showina 501c3 status (Exemption Status). See Section 3.4 C. Close Out 1. Cash will be secured each night according to the Indian River County Cash Collection Policy. 2. Last day of the week or if Range will be closed for any length of time preventing next day courier, any cash deposits will be brought to the pool (or other approved location) and secured. 3. Cash tally sheet will be completed and close out paperwork will be forwarded to Finance at the end of each day but no later than end of the next day. 439 4. Over/Under reports will be completed with appropriate reason. Every effort will be made to ascertain the reason for the over/under. 5. A copy of the IRS Tax Exempt certificate will be included in the daily close out documents. D. Daily Close Out Reports: Close out reports should be sent to Finance and must include the following: CivicRec Close Summary (for each POS and combined) CivicRec Shooting Range Daily Closeout Report CivicRec Shooting Range Transactions CivicRec Shooting Range POS Summary by Item CivicRec Short/Over Report (if appropriate) Copy of any checks (Account # blocked out) Copy of any Tax -Exempt Certificates 1. The Manager of the Facility, or his/her designee, who counts the cash and credit receipts and also does the cash deposit bag will legibly sign the Closeout Summary report when he/she has finished verifying amounts. If this staff member notices anything wrong with the amounts of cash or credit card receipts, he/she will immediately notify the Facility Manager. The Manager of the Facility or designee will also legibly sign the Daily Close Summary Report after reviewing all of the information contained in the above listed reports and before sending to the Finance Department. 2. As stated in the Indian River County Cash Collection Policy, any overages or shortages of $5.00 or more must have an explanation and signed off on by the Facility Manager. 440 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.7 Operations 01/09/24 SOP SUBJECT POS Opening — Closing and Cash Handling 4. Over/Under reports will be completed with appropriate reason. Every effort will be made to ascertain the reason for the over/under. 5. A copy of the IRS Tax Exempt certificate will be included in the daily close out documents. D. Daily Close Out Reports: Close out reports should be sent to Finance and must include the following: CivicRec Close Summary (for each POS and combined) CivicRec Shooting Range Daily Closeout Report CivicRec Shooting Range Transactions CivicRec Shooting Range POS Summary by Item CivicRec Short/Over Report (if appropriate) Copy of any checks (Account # blocked out) Copy of any Tax -Exempt Certificates 1. The Manager of the Facility, or his/her designee, who counts the cash and credit receipts and also does the cash deposit bag will legibly sign the Closeout Summary report when he/she has finished verifying amounts. If this staff member notices anything wrong with the amounts of cash or credit card receipts, he/she will immediately notify the Facility Manager. The Manager of the Facility or designee will also legibly sign the Daily Close Summary Report after reviewing all of the information contained in the above listed reports and before sending to the Finance Department. 2. As stated in the Indian River County Cash Collection Policy, any overages or shortages of $5.00 or more must have an explanation and signed off on by the Facility Manager. 440 Cash Handling When the guest hands you cash, make sure it is not counterfeit. a. Feel the money. Does each bill feel like currency paper? b. Use a detection pen (available at cash register), if available. Use the counterfeit bill pen to detect any questionable currency. The counterfeit bill pen shall be used on all $50's and $100's. c. Place the large denomination of cash received in the register and leave the clip up for that bill as a reference or leave the bill on the shelf of the register during the transaction. This gives you a reference as to what denomination the guest gave you. d. Count back the change; i.e., for a sale of $7.68, when the guest gives you a $20, count from $7.68 (2 cents) to $7.70 (nickel) to $7.75 (quarter) to $8.00 (two dollars) to $10 and (ten dollars) to $20. e. If a guest disputes their change, and they say you gave them too much change back, thank them for being so honest. f. If a guest disputes their change, and they say you did not give them enough change back (i.e., guest says he gave you a $20 and you returned change back for a $10). Look at your reference, if there is a twenty lying on top of the drawer, or the clip for the $20 section of the drawer is still up, you know they are probably correct. To verify this, count down the drawer. REFUNDS or VOIDS If, during the day, the Range Manager approves a refund, void of a transaction or any manual adjustment, there must be a receipt of that transaction printed out. That receipt shall be signed by the Range Manager with a note of explanation of why the refund, void or manual adjustment was made. MANAGERS - For credit/debit payments, only prior -day transactions may be refunded. Please use void for credit/debit transactions done during the same day. 441 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.7 Operations 01/09/24 SUBJECT SOP POS Opening — Closing and Cash Handling When the guest hands you cash, make sure it is not counterfeit. a. Feel the money. Does each bill feel like currency paper? b. Use a detection pen (available at cash register), if available. Use the counterfeit bill pen to detect any questionable currency. The counterfeit bill pen shall be used on all $50's and $100's. c. Place the large denomination of cash received in the register and leave the clip up for that bill as a reference or leave the bill on the shelf of the register during the transaction. This gives you a reference as to what denomination the guest gave you. d. Count back the change; i.e., for a sale of $7.68, when the guest gives you a $20, count from $7.68 (2 cents) to $7.70 (nickel) to $7.75 (quarter) to $8.00 (two dollars) to $10 and (ten dollars) to $20. e. If a guest disputes their change, and they say you gave them too much change back, thank them for being so honest. f. If a guest disputes their change, and they say you did not give them enough change back (i.e., guest says he gave you a $20 and you returned change back for a $10). Look at your reference, if there is a twenty lying on top of the drawer, or the clip for the $20 section of the drawer is still up, you know they are probably correct. To verify this, count down the drawer. REFUNDS or VOIDS If, during the day, the Range Manager approves a refund, void of a transaction or any manual adjustment, there must be a receipt of that transaction printed out. That receipt shall be signed by the Range Manager with a note of explanation of why the refund, void or manual adjustment was made. MANAGERS - For credit/debit payments, only prior -day transactions may be refunded. Please use void for credit/debit transactions done during the same day. 441 N�VERcG a snoeinriG �1. z RANGE sem?* Sample of Florida Consumer's Certificate of Exemption coamnow • ( = i. YY� 85-80126220340-3 06/30/2020 CenK�ate Number Effective Data . Triis certifies that INDIAN RIVER COUNTY 80CC 1801 27TH ST BLDG A - - VERO BEACH FL 329603388 t` is exempt from the payment of Florida sales and use tax on real property rented, transient rmi4l property, rented, tangible personal property purchasers or rented, or services purchasedf • Important IMi W *1Bmpt Organizatior*s — - — %Own FtodON 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FA.O.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3, Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible Personal property. sleeping accommodations. or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real properly (Rule 12A-1.070, F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax_ Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for Payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. i_. 442 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.7 Operations 01/09/24 SOP SUBJECT POS Opening — Closing and Cash Handling Sample of Florida Consumer's Certificate of Exemption coamnow • ( = i. YY� 85-80126220340-3 06/30/2020 CenK�ate Number Effective Data . Triis certifies that INDIAN RIVER COUNTY 80CC 1801 27TH ST BLDG A - - VERO BEACH FL 329603388 t` is exempt from the payment of Florida sales and use tax on real property rented, transient rmi4l property, rented, tangible personal property purchasers or rented, or services purchasedf • Important IMi W *1Bmpt Organizatior*s — - — %Own FtodON 1. You must provide all vendors and suppliers with an exemption certificate before making tax-exempt purchases. See Rule 12A-1.038, Florida Administrative Code (FA.O.). 2. Your Consumer's Certificate of Exemption is to be used solely by your organization for your organization's customary nonprofit activities. 3, Purchases made by an individual on behalf of the organization are taxable, even if the individual will be reimbursed by the organization. 4. This exemption applies only to purchases your organization makes. The sale or lease to others of tangible Personal property. sleeping accommodations. or other real property is taxable. Your organization must register, and collect and remit sales and use tax on such taxable transactions. Note: Churches are exempt from this requirement except when they are the lessor of real properly (Rule 12A-1.070, F.A.C.). 5. It is a criminal offense to fraudulently present this certificate to evade the payment of sales tax_ Under no circumstances should this certificate be used for the personal benefit of any individual. Violators will be liable for Payment of the sales tax plus a penalty of 200% of the tax, and may be subject to conviction of a third-degree felony. Any violation will require the revocation of this certificate. 6. If you have questions about your exemption certificate, please call Taxpayer Services at 850-488-6800. The mailing address is PO Box 6480, Tallahassee, FL 32314-6480. i_. 442 N' Fk c At — saoonns r � RANGx -ORIX) 3.8 POS Troubleshooting Receipt Printer not printing/Credit Card not processing: 1. Reboot the entire computer 2. Make sure that the printer shows under the configure tab on left and under settings for QZ tray that all settings are correct. 3. Set up printer and QZ tray as shown in the following diagrams: 4. Remember to save settings and change under Local. % Configuration — ❑ x A 40 thwize_Net ENV AuthonzeNetConnectionMode USB AuthonzeNet Logging Enabled False ?Uhonze Net Payment Deviceld shootingrange r Clover ENV Clover,Applicationld 8GDB4XQNEQQYW.SBJGSZENT89 CloverPosName t7opi QoverSenal Number SgtY 11116er i4► j1 AiowLogging FSM ?y Heartland Secure Submit ENV, Heartland Secure Submit IpAddress HeadlandSecureSutxntPsxt 10009 1152011 COMP Ds 8 hol 0 QZ Tray Printer Setting 443 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.8 Operations 01/09/24 SOP SUBJECT POS Trouble Shooting 3.8 POS Troubleshooting Receipt Printer not printing/Credit Card not processing: 1. Reboot the entire computer 2. Make sure that the printer shows under the configure tab on left and under settings for QZ tray that all settings are correct. 3. Set up printer and QZ tray as shown in the following diagrams: 4. Remember to save settings and change under Local. % Configuration — ❑ x A 40 thwize_Net ENV AuthonzeNetConnectionMode USB AuthonzeNet Logging Enabled False ?Uhonze Net Payment Deviceld shootingrange r Clover ENV Clover,Applicationld 8GDB4XQNEQQYW.SBJGSZENT89 CloverPosName t7opi QoverSenal Number SgtY 11116er i4► j1 AiowLogging FSM ?y Heartland Secure Submit ENV, Heartland Secure Submit IpAddress HeadlandSecureSutxntPsxt 10009 1152011 COMP Ds 8 hol 0 QZ Tray Printer Setting 443 1! \ III SHOOTING RANGE 3.9 Staff/Guest Interaction Staff members are to treat the public and fellow team members the way that they would want to be treated, with courtesy and professionalism. • All incoming telephone calls should be answered promptly. • Before answering the telephone, smile. Your voice is the first impression the caller gets. Be warm, enthusiastic and professional. • Personnel answering telephones shall identify the range site and their name. For instance: "Hello, [insert name of facility], [insert staff name] speaking, how may help you?" • Speak distinctly and pleasantly, properly respond to messages and requests, and present, through your manner and tone, the image of an efficient and willing staff member. • Listen effectively to our guests and take necessary actions to assist them. Let the guest know if there will be a delay. Make them feel appreciated.3.8 • Be friendly. Callers and people who visit our facility are our guests, and a large part of why we are here. Treat them as you would want to be treated. • As staff working for Indian River County, you are the face of Indian River County. Smile when you talk to people; give them a positive experience. • Offensive/abusive language is prohibited. • Comply with standards for employee conduct as outlined in County policies. 444 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.9 Operations 01/09/24 SOP SUBJECT Staff/Guest Interactions 3.9 Staff/Guest Interaction Staff members are to treat the public and fellow team members the way that they would want to be treated, with courtesy and professionalism. • All incoming telephone calls should be answered promptly. • Before answering the telephone, smile. Your voice is the first impression the caller gets. Be warm, enthusiastic and professional. • Personnel answering telephones shall identify the range site and their name. For instance: "Hello, [insert name of facility], [insert staff name] speaking, how may help you?" • Speak distinctly and pleasantly, properly respond to messages and requests, and present, through your manner and tone, the image of an efficient and willing staff member. • Listen effectively to our guests and take necessary actions to assist them. Let the guest know if there will be a delay. Make them feel appreciated.3.8 • Be friendly. Callers and people who visit our facility are our guests, and a large part of why we are here. Treat them as you would want to be treated. • As staff working for Indian River County, you are the face of Indian River County. Smile when you talk to people; give them a positive experience. • Offensive/abusive language is prohibited. • Comply with standards for employee conduct as outlined in County policies. 444 ,r SHOOTING i• RANCH Purpose: It is the intent of the Indian River County Public Shooting Range to make the hunter safety classroom and facilities available to individuals and groups for the purpose of promoting fish and wildlife conservation, hunting, fishing and shooting sports. Classroom and shooting range facilities may be utilized by organizations and private individuals under the following conditions of use: Conditions of Use: • The guest/organization must provide a copy of their general liability insurance policy in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate, naming Indian River County, FL as an additional insured. • All use fees, including any additional labor fees, must be paid by the event date • Any request for reservation must be pre -approved (Reservation Agreement), in writing by the Shooting Range Manager. Any use that is in conflict mission of the FWC/Indian River County Public Shooting Range will be rejected at the discretion of the Range Manager or his designee. Any denial can be appealed to the Director of Parks, Recreation and Conservation by making a written request with notice of appeal. • All range rules/rules apply for and throughout the duration of the reservation. • All guests must be registered and/or have a signed event waiver on file. • Guests and/or applicants must comply with all Range Rules and upon Range Officers enforcement of such rules. Failure to comply may result in removal from the property. • All advertisements for any stakeholder or private training/events must clearly list the sponsor as hosting/sponsoring the training/event and shall not, in any way, imply an endorsement by Indian River County. All materials distributed for a reservation promoting or marketing the reservations purpose must first have a valid reservation, and may not be distributed or posted on County property. Print or digital materials may not include the County's logo, the Shooting Range logo, the County website, or the County's phone number without the express written consent of the Range Manager. • Requests for skeet/trap field use, Classroom use and Action Field use should be received a minimum of 48 hours in advance. • Requests will be prioritized on a "first come, first served basis" and recorded on the range calendar, if accepted. • Tax exempt entities must provide a copy of their valid Florida Tax -Exempt certificate and valid General Liability Insurance certificate form for the date/times 445 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.10 Operations 01/09/24 SOP SUBJECT Facility Use (Skeet/Trap Fields, Classroom, Action Field) Purpose: It is the intent of the Indian River County Public Shooting Range to make the hunter safety classroom and facilities available to individuals and groups for the purpose of promoting fish and wildlife conservation, hunting, fishing and shooting sports. Classroom and shooting range facilities may be utilized by organizations and private individuals under the following conditions of use: Conditions of Use: • The guest/organization must provide a copy of their general liability insurance policy in the amount of one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate, naming Indian River County, FL as an additional insured. • All use fees, including any additional labor fees, must be paid by the event date • Any request for reservation must be pre -approved (Reservation Agreement), in writing by the Shooting Range Manager. Any use that is in conflict mission of the FWC/Indian River County Public Shooting Range will be rejected at the discretion of the Range Manager or his designee. Any denial can be appealed to the Director of Parks, Recreation and Conservation by making a written request with notice of appeal. • All range rules/rules apply for and throughout the duration of the reservation. • All guests must be registered and/or have a signed event waiver on file. • Guests and/or applicants must comply with all Range Rules and upon Range Officers enforcement of such rules. Failure to comply may result in removal from the property. • All advertisements for any stakeholder or private training/events must clearly list the sponsor as hosting/sponsoring the training/event and shall not, in any way, imply an endorsement by Indian River County. All materials distributed for a reservation promoting or marketing the reservations purpose must first have a valid reservation, and may not be distributed or posted on County property. Print or digital materials may not include the County's logo, the Shooting Range logo, the County website, or the County's phone number without the express written consent of the Range Manager. • Requests for skeet/trap field use, Classroom use and Action Field use should be received a minimum of 48 hours in advance. • Requests will be prioritized on a "first come, first served basis" and recorded on the range calendar, if accepted. • Tax exempt entities must provide a copy of their valid Florida Tax -Exempt certificate and valid General Liability Insurance certificate form for the date/times 445 f' •�{ S@IMi1NC f• '� R.•OE 7011 requested prior to the date requested. • The organization/guest host is responsible for collecting all guest fees charged prior to use. • Fees associated with the reservation/organization may not be collected on County property per County Ordinance 205.03 (14). • The organization/guest must ensure completion and approval of all permits, if required from Indian River County Fire Prevention Bureau including, necessary special events permits. • The Indian River County public Shooting Range does not endorse any stakeholder or private training/event using the classroom or facilities. • It is considered a conflict of interest for range staff to act as event hosts or instructors. • The Deputy County Administrator, Director of Parks, Recreation and Conservation, and the Range Manager shall have discretion to address any special conditions not covered in this procedure manual. Any special conditions may, to the extent that they exceed the authority granted here, be brought before the Indian River County Board of County Commissioners (the "Board") for approval. The County reserves the right to negotiate individual agreements with events in order to promote the Shooting Range and to generate quality events in the best interest of the public welfare. • Guest/Organization must complete and submit a Shooting Range Reservation Agreement to ensure use of the facility (Action Field, Classroom, Skeet/Trap Field) Facilities: Hunters Education Classroom All FWC hunter safety training and events have priority use of the classroom. FWC shooting range sponsored training, and FWC shooting sports partners, such as 4-H shooting sports and Florida Youth Conservation Centers Network (FYCCN) programs, have second priority use of the classroom. Other FWC divisions using the classroom for official business have third level priority. Other FWC partners using the classroom for hunting and shooting sports activities have fourth level priority. All other use of the classroom is fifth level priority. EMS SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.10 Operations 01/09/24 SOP SUBJECT Facility Use (Skeet/Trap Fields, Classroom, Action Field) requested prior to the date requested. • The organization/guest host is responsible for collecting all guest fees charged prior to use. • Fees associated with the reservation/organization may not be collected on County property per County Ordinance 205.03 (14). • The organization/guest must ensure completion and approval of all permits, if required from Indian River County Fire Prevention Bureau including, necessary special events permits. • The Indian River County public Shooting Range does not endorse any stakeholder or private training/event using the classroom or facilities. • It is considered a conflict of interest for range staff to act as event hosts or instructors. • The Deputy County Administrator, Director of Parks, Recreation and Conservation, and the Range Manager shall have discretion to address any special conditions not covered in this procedure manual. Any special conditions may, to the extent that they exceed the authority granted here, be brought before the Indian River County Board of County Commissioners (the "Board") for approval. The County reserves the right to negotiate individual agreements with events in order to promote the Shooting Range and to generate quality events in the best interest of the public welfare. • Guest/Organization must complete and submit a Shooting Range Reservation Agreement to ensure use of the facility (Action Field, Classroom, Skeet/Trap Field) Facilities: Hunters Education Classroom All FWC hunter safety training and events have priority use of the classroom. FWC shooting range sponsored training, and FWC shooting sports partners, such as 4-H shooting sports and Florida Youth Conservation Centers Network (FYCCN) programs, have second priority use of the classroom. Other FWC divisions using the classroom for official business have third level priority. Other FWC partners using the classroom for hunting and shooting sports activities have fourth level priority. All other use of the classroom is fifth level priority. EMS co •!1 SHOOTING i• RANGE When multiple requests are received for use of the classroom on the same date: • FWC mission critical activities take precedence over all other requests; • For non -mission critical activities: hunting/shooting sports activities take priority over other user groups. • Youth activities take priority over other user groups. • All requests (Excluding FWC) must submit Facility Reservation Agreement Skeet/Trap Fields • Each field is available for use at an hourly fee rate (9:00am X 1:00pm and 1:00pm X 5:00pm, Thursday 5:00pm X 9:00pm). • Only one field may be reserved at a time • Use is subject to range management approval and field designation. • Submit Facility Reservation Agreement Action Field Action field is available for use at a per hour fee. An additional one time set up/take down fee may be assessed, if additional preparation is required by Range Team members. This would include target/course set up and take down, room preparation, etc. Use will be at the discretion of the range management. One (1) Range Officer per 6 guests if a certified or approved Safety Officer is not provided by the organization/individual. Submit Facility Reservation Agreement Use of License Agreements: If the usage involves entire facility and/or multiple areas impacting the public use of the facility then a License Agreement would be required. This would be submitted for approval according to Parks, Recreation and Conservation current policy. 447 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.10 Operations 01/09/24 SUBJECT SOP Facility Use (Skeet/Trap Fields, Classroom, Action Field) When multiple requests are received for use of the classroom on the same date: • FWC mission critical activities take precedence over all other requests; • For non -mission critical activities: hunting/shooting sports activities take priority over other user groups. • Youth activities take priority over other user groups. • All requests (Excluding FWC) must submit Facility Reservation Agreement Skeet/Trap Fields • Each field is available for use at an hourly fee rate (9:00am X 1:00pm and 1:00pm X 5:00pm, Thursday 5:00pm X 9:00pm). • Only one field may be reserved at a time • Use is subject to range management approval and field designation. • Submit Facility Reservation Agreement Action Field Action field is available for use at a per hour fee. An additional one time set up/take down fee may be assessed, if additional preparation is required by Range Team members. This would include target/course set up and take down, room preparation, etc. Use will be at the discretion of the range management. One (1) Range Officer per 6 guests if a certified or approved Safety Officer is not provided by the organization/individual. Submit Facility Reservation Agreement Use of License Agreements: If the usage involves entire facility and/or multiple areas impacting the public use of the facility then a License Agreement would be required. This would be submitted for approval according to Parks, Recreation and Conservation current policy. 447 XVEI? o cam. SHOOTING RANGEILANGE Nuisance Wildlife Nuisance wildlife refers to an animal or animals exhibiting behavior that (Florida Administrative Code 68A-9.210): • causes (or is about to cause) property damage, • presents a threat to public safety, or • causes an annoyance within, under or upon a building. Only range staff are permitted to address nuisance wildlife on Range Property, in accordance with state law. Nuisance wildlife may not be harvested and/or taken off the property and must be humanly (rifle/pistol) eliminated. • Hunting of nuisance wildlife will take place when the range is not accessible to the public if at all possible. • Only approved staff may engage in this activity. • Dates/times will be coordinated with Range Management • Two staff members will be required to be present during this activity. • Flora and Fauna are not to be disturbed or molested in any manner. Staff are cautioned not to feed, harm, harass, annoy, or try to pet any wild animal. 448 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 3.0 Range 3.11 Operations 01/09/24 SOP SUBJECT Nuisance Wildlife Nuisance wildlife refers to an animal or animals exhibiting behavior that (Florida Administrative Code 68A-9.210): • causes (or is about to cause) property damage, • presents a threat to public safety, or • causes an annoyance within, under or upon a building. Only range staff are permitted to address nuisance wildlife on Range Property, in accordance with state law. Nuisance wildlife may not be harvested and/or taken off the property and must be humanly (rifle/pistol) eliminated. • Hunting of nuisance wildlife will take place when the range is not accessible to the public if at all possible. • Only approved staff may engage in this activity. • Dates/times will be coordinated with Range Management • Two staff members will be required to be present during this activity. • Flora and Fauna are not to be disturbed or molested in any manner. Staff are cautioned not to feed, harm, harass, annoy, or try to pet any wild animal. 448 4.1 Archery/Air gun Introduction On property there is an Air Gun Range and an Archery Field, with targets out to 65yards and an archery course that goes through the woods (across from the field). The Archery area and air gun range are not staffed but range officers should check each area periodically during the day. If using the air gun range and/or the archery field/course guests must first pay at the main building before using the air gun range and/or archery course/field. Everyone using the Archery Course/Field and/or Air Gun Range must have a current release and waiver of claims on file. ■ Guests should be reminded not to leave valuables in the vehicles and to make sure their vehicles are locked and secured. ■ Broadhead arrow shooting is prohibited — field points only. 449 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 4.0. Archery/Air Gun 4.1 01/09/24 SOP SUBJECT Archery/Air Gun Ranges Introduction 4.1 Archery/Air gun Introduction On property there is an Air Gun Range and an Archery Field, with targets out to 65yards and an archery course that goes through the woods (across from the field). The Archery area and air gun range are not staffed but range officers should check each area periodically during the day. If using the air gun range and/or the archery field/course guests must first pay at the main building before using the air gun range and/or archery course/field. Everyone using the Archery Course/Field and/or Air Gun Range must have a current release and waiver of claims on file. ■ Guests should be reminded not to leave valuables in the vehicles and to make sure their vehicles are locked and secured. ■ Broadhead arrow shooting is prohibited — field points only. 449 4.2 Archery Field/Course Safety is everyone's responsibility: ■ Number of arrows in = number of arrows out. ■ Only shoot at designated targets. ■ Verify that the range is clear of people before shooting. ■ Search for lost arrows with extreme caution. While searching for lost arrows behind targets, have someone watch for other shooters on the range. ■ Always be aware of the target and what is beyond it. ■ Always keep nocked arrow pointed towards target. ■ Always draw bow with arrow parallel to the ground. ■ Only nock arrows when at the shooting line. ■ Always have an arrow nocked when drawing back your bow to eliminate the possibility of a dry fire. A dry fire may cause damage to the bow. ■ Anyone under the age of 18 must be under adult supervision. ■ Open containers of alcoholic beverages, or shooting under the influence of alcohol, chemical substances or controlled substances is strictly prohibited. ■ When finished shooting, place bow on rack or set it down and wait behind the shooting line until all archers are finished shooting. ■ Guests should report any issues to the range office. 450 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 4.0 Archery/Air gun 4.2 01/09/24 SOP SUBJECT Archery/Air Gun Ranges Introduction 4.2 Archery Field/Course Safety is everyone's responsibility: ■ Number of arrows in = number of arrows out. ■ Only shoot at designated targets. ■ Verify that the range is clear of people before shooting. ■ Search for lost arrows with extreme caution. While searching for lost arrows behind targets, have someone watch for other shooters on the range. ■ Always be aware of the target and what is beyond it. ■ Always keep nocked arrow pointed towards target. ■ Always draw bow with arrow parallel to the ground. ■ Only nock arrows when at the shooting line. ■ Always have an arrow nocked when drawing back your bow to eliminate the possibility of a dry fire. A dry fire may cause damage to the bow. ■ Anyone under the age of 18 must be under adult supervision. ■ Open containers of alcoholic beverages, or shooting under the influence of alcohol, chemical substances or controlled substances is strictly prohibited. ■ When finished shooting, place bow on rack or set it down and wait behind the shooting line until all archers are finished shooting. ■ Guests should report any issues to the range office. 450 4.3 Air Gun Range • Only Air guns with a muzzle velocity of 650 feet per second (FPS) or less are allowed. Over 650 FPS must use the rifle/pistol ranges. • Verify that the Range is clear of people before shooting. • Guests under 18 must be accompanied by parent/guardian. • All guests must be registered and pay first at the main office. • Any Issues should be brought to the attention of range staff Range staff will periodically check the air gun range during the course of the day Guests should be reminded not to leave valuables in the vehicles and to make sure their vehicles are locked and secured. 451 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 4.0 Archery/Air gun 4.3 01/09/24 SOP SUBJECT Air gun Range • Only Air guns with a muzzle velocity of 650 feet per second (FPS) or less are allowed. Over 650 FPS must use the rifle/pistol ranges. • Verify that the Range is clear of people before shooting. • Guests under 18 must be accompanied by parent/guardian. • All guests must be registered and pay first at the main office. • Any Issues should be brought to the attention of range staff Range staff will periodically check the air gun range during the course of the day Guests should be reminded not to leave valuables in the vehicles and to make sure their vehicles are locked and secured. 451 cam. smmirtNs RANGE ORIn* This Page Left Blank Intentionally (Reserved for Future Use) 452 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 5.0 01/09/24 SUBJECT SOP This Page Left Blank Intentionally (Reserved for Future Use) 452 � f SH00nNG RANGE Emergency Action Plan Even though shooting activities on a supervised range are managed to reduce risk and prevent emergencies from happening, there are factors that are beyond Range Officers control. A guest's health, sudden weather changes and the inevitable incident of user misconduct resulting in an injury to themselves or bystander's mandates having an Emergency Action Plan in place. Having an Emergency Action Plan in place minimizes confusion during an emergency, and saves time responding to an emergency. Towards this end, all Range staff shall be trained in AED use within the first 6 months of employment. This training will be conducted by video. AED's are located in Main Office and Clay Sales Office. • In the event an emergency arises the Range staff need to take charge of the situation. • If the emergency happens during a "HOT" range, the Range Officers need to declare a "COLD" range by following the Cadence of Commands to call a "Cease Firing." The line needs to be called "COLD" so the RSO can focus attention to the injury and not a "HOT" range. • Range staff will clear skeet/trap/shotgun sports fields of guests. • The Main office should be contacted to alert them of the incident. • The Range Manager/designee should respond to the incident to evaluate and confirm the seriousness of the situation. • All incidents need to be documented on the appropriate Incident Report form (Ref: Administrative Policy Manual under Risk Management). • Staff is reminded that they may contact 911 if they feel it is necessary. 453 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6.0 6.1 01/09/24 SOP SUBJECT Emergency Action Plan Emergency Action Plan Even though shooting activities on a supervised range are managed to reduce risk and prevent emergencies from happening, there are factors that are beyond Range Officers control. A guest's health, sudden weather changes and the inevitable incident of user misconduct resulting in an injury to themselves or bystander's mandates having an Emergency Action Plan in place. Having an Emergency Action Plan in place minimizes confusion during an emergency, and saves time responding to an emergency. Towards this end, all Range staff shall be trained in AED use within the first 6 months of employment. This training will be conducted by video. AED's are located in Main Office and Clay Sales Office. • In the event an emergency arises the Range staff need to take charge of the situation. • If the emergency happens during a "HOT" range, the Range Officers need to declare a "COLD" range by following the Cadence of Commands to call a "Cease Firing." The line needs to be called "COLD" so the RSO can focus attention to the injury and not a "HOT" range. • Range staff will clear skeet/trap/shotgun sports fields of guests. • The Main office should be contacted to alert them of the incident. • The Range Manager/designee should respond to the incident to evaluate and confirm the seriousness of the situation. • All incidents need to be documented on the appropriate Incident Report form (Ref: Administrative Policy Manual under Risk Management). • Staff is reminded that they may contact 911 if they feel it is necessary. 453 Critical Security Incident: Any incident that has the potential, or has already caused an emergency response. This will include; Active shooter, medical emergency, disruptive guest/staff. All relevant Administrative Policies Manual (APM)will be followed in addition to the following range specific procedures. Disruptive Guest: Dealing with difficult guests can be challenging, but it doesn't have to be. With the right attitude and action steps, you can effectively navigate these guest situations and end in a positive experience. Dealing with difficult guests: Tips for dealing with difficult guests: 1. Take a few seconds to breathe and put yourself in the right mindset before dealing with the guest. Remind yourself that the guest isn't necessarily mad at you, but rather, they're upset about the situation. 2. Along with having the right mental attitude, developing a thick skin and training yourself to not shrink from difficult situations is in your best interest. 3. People who are upset need to be heard, so let your guests talk, and don't interrupt them. At this stage, it's important to engage in active listening, which is the practice of consciously assimilating what the other party has to say, instead of just standing silently in front of them. This will help make a good impression and it'll allow you to really take in what the guest is saying, so you can (if possible) resolve their issue efficiently. 4. Show the guest that you're taking their concerns seriously. This can be done by maintaining eye contact and exhibiting the right non-verbal behaviors 5. Avoid responding with anger or getting defensive. 6. The things you say — and don't say — can significantly affect the outcome of any guest experience. Signs of boredom, impatience, or aggression will only escalate the situation. Be very mindful of your words and the body language you project. 7. Use "phrases of courtesy." (use... "I apologize", "will you" instead of "you will", "yes" instead of "yeah", "sir/ma'am", "thanks for waiting", etc.) 454 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.2 Plan 01/09/24 SOP SUBJECT Emergency Action Plan – Critical Security Incident Critical Security Incident: Any incident that has the potential, or has already caused an emergency response. This will include; Active shooter, medical emergency, disruptive guest/staff. All relevant Administrative Policies Manual (APM)will be followed in addition to the following range specific procedures. Disruptive Guest: Dealing with difficult guests can be challenging, but it doesn't have to be. With the right attitude and action steps, you can effectively navigate these guest situations and end in a positive experience. Dealing with difficult guests: Tips for dealing with difficult guests: 1. Take a few seconds to breathe and put yourself in the right mindset before dealing with the guest. Remind yourself that the guest isn't necessarily mad at you, but rather, they're upset about the situation. 2. Along with having the right mental attitude, developing a thick skin and training yourself to not shrink from difficult situations is in your best interest. 3. People who are upset need to be heard, so let your guests talk, and don't interrupt them. At this stage, it's important to engage in active listening, which is the practice of consciously assimilating what the other party has to say, instead of just standing silently in front of them. This will help make a good impression and it'll allow you to really take in what the guest is saying, so you can (if possible) resolve their issue efficiently. 4. Show the guest that you're taking their concerns seriously. This can be done by maintaining eye contact and exhibiting the right non-verbal behaviors 5. Avoid responding with anger or getting defensive. 6. The things you say — and don't say — can significantly affect the outcome of any guest experience. Signs of boredom, impatience, or aggression will only escalate the situation. Be very mindful of your words and the body language you project. 7. Use "phrases of courtesy." (use... "I apologize", "will you" instead of "you will", "yes" instead of "yeah", "sir/ma'am", "thanks for waiting", etc.) 454 'ER seoa A"CE ORI S 8. You should also avoid defensive or hostile gestures such as closed fists or folded arms as they could aggravate the guest. 9. Once you've heard what the customer has to say, you'll need to talk to them about what you can and can't do. 10. If you can resolve the guest's problem immediately, then, by all means, do so. 11. If possible have another team member present when interacting with difficult guests. 12. Reach out to the range manager for assistance. If the situation escalates: If the situation reaches a point where the guest "crosses the line" and becomes rude, unsafe, and/or threatening: a. Ensure that you are safe b. First is to give them a chance to calm down. Tell them in a calm but firm voice that they need to tone down the foul language or actions and that you won't be able to help them if their behavior persists. c. If they refuse to calm down, politely ask them to leave. d. If they refuse to leave or If the situation escalates, call 911 e. Consult with Range Management if considering a formal Trespass Warning. f. Range Management will review and contact County Risk Management and FWC. g. Document the incident on General Liability Incident Form (APM Risk Management Section) Active Shooter DEFINITION: Active shooter can be defined as an individual actively engaging in killing or attempting to kill people in a confined and populated area; in most cases, active shooters use firearms and there is no pattern or method to their selection of victims. POTENTIAL RESPONSE: In response to an active shooter event at the IRC Public Shooting Range, there are three potential courses of action: 1) Run, 2) Hide, 3) Fight (self-defense) The following guidelines identify these courses of action: 455 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.2 Plan 01/09/24 SOP SUBJECT Emergency Action Plan — Critical Security Incident 8. You should also avoid defensive or hostile gestures such as closed fists or folded arms as they could aggravate the guest. 9. Once you've heard what the customer has to say, you'll need to talk to them about what you can and can't do. 10. If you can resolve the guest's problem immediately, then, by all means, do so. 11. If possible have another team member present when interacting with difficult guests. 12. Reach out to the range manager for assistance. If the situation escalates: If the situation reaches a point where the guest "crosses the line" and becomes rude, unsafe, and/or threatening: a. Ensure that you are safe b. First is to give them a chance to calm down. Tell them in a calm but firm voice that they need to tone down the foul language or actions and that you won't be able to help them if their behavior persists. c. If they refuse to calm down, politely ask them to leave. d. If they refuse to leave or If the situation escalates, call 911 e. Consult with Range Management if considering a formal Trespass Warning. f. Range Management will review and contact County Risk Management and FWC. g. Document the incident on General Liability Incident Form (APM Risk Management Section) Active Shooter DEFINITION: Active shooter can be defined as an individual actively engaging in killing or attempting to kill people in a confined and populated area; in most cases, active shooters use firearms and there is no pattern or method to their selection of victims. POTENTIAL RESPONSE: In response to an active shooter event at the IRC Public Shooting Range, there are three potential courses of action: 1) Run, 2) Hide, 3) Fight (self-defense) The following guidelines identify these courses of action: 455 • i 890enric RANGE s ORIn RUN If there is an accessible escape path, attempt to evacuate the premises, following these recommendations: • Have an escape route and plan in mind • Evacuate regardless of whether others agree to follow • Leave your belongings behind • Help others escape, if possible • Prevent individuals from entering an area where the active shooter may be • Keep your hands visible • Follow the instructions of any police officers • Do not attempt to move wounded people • Call 911 when you are safe HIDE If evacuation is not possible, find a place to hide where the active shooter is less likely to find you, with these recommendations: The hiding place should: • Be inconspicuous. • Be out of the active shooter's view. • Provide physical protection if shots are fired in your direction (e.g., relocating into a bathroom and locking the door, staying as low to the floor as possible, remaining quiet and motionless). • Not trap you or restrict your options for movement. To prevent an active shooter from entering the hiding place: • Lock the door. • Blockade the door with heavy furniture. If the active shooter is nearby: • Lock the door • Silence cell phones and/or pagers • Turn off any source of noise (i.e., radios, televisions) • Hide behind large items (i.e., cabinets, desks) • Remain quiet and motionless 456 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.2 Plan 01 /09/24 SOP SUBJECT Emergency Action Plan — Critical Security Incident RUN If there is an accessible escape path, attempt to evacuate the premises, following these recommendations: • Have an escape route and plan in mind • Evacuate regardless of whether others agree to follow • Leave your belongings behind • Help others escape, if possible • Prevent individuals from entering an area where the active shooter may be • Keep your hands visible • Follow the instructions of any police officers • Do not attempt to move wounded people • Call 911 when you are safe HIDE If evacuation is not possible, find a place to hide where the active shooter is less likely to find you, with these recommendations: The hiding place should: • Be inconspicuous. • Be out of the active shooter's view. • Provide physical protection if shots are fired in your direction (e.g., relocating into a bathroom and locking the door, staying as low to the floor as possible, remaining quiet and motionless). • Not trap you or restrict your options for movement. To prevent an active shooter from entering the hiding place: • Lock the door. • Blockade the door with heavy furniture. If the active shooter is nearby: • Lock the door • Silence cell phones and/or pagers • Turn off any source of noise (i.e., radios, televisions) • Hide behind large items (i.e., cabinets, desks) • Remain quiet and motionless 456 ` saaonNG RANGE �OR10* FIGHT (SELF-DEFENSE) Act against the active shooter only when you believe your life is in imminent danger, attempt to disrupt and/or incapacitate the active shooter as follows: • Dial 911, if possible, to alert police to the active shooter's location • If you cannot speak, leave the line open and allow the 911 dispatcher to listen • Act as aggressively as possible against him/her, using available resources. • Throw items and use improvised weapons • Yell loudly • Commit yourself to defensive physical actions *It may be necessary to do all three options at various times during the event. 457 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.2 Plan 01/09/24 SOP SUBJECT Emergency Action Plan — Critical Security Incident FIGHT (SELF-DEFENSE) Act against the active shooter only when you believe your life is in imminent danger, attempt to disrupt and/or incapacitate the active shooter as follows: • Dial 911, if possible, to alert police to the active shooter's location • If you cannot speak, leave the line open and allow the 911 dispatcher to listen • Act as aggressively as possible against him/her, using available resources. • Throw items and use improvised weapons • Yell loudly • Commit yourself to defensive physical actions *It may be necessary to do all three options at various times during the event. 457 Medical Emergency: If a serious injury or other medical emergency occurs, immediately call 911. Be sure that the following information is provided to the dispatcher: The approximate age and gender of the patient, accurate location with address (10455 102 Terrace), nature of injury. Remain calm and stay with the injured person If you are trained in first aid, you may provide care per your scope of practice until first responders arrive. First aid kits are located on each Range, the Main Office, the Clay Sales Office and Clays barn. There is an AED located in the main office • Make sure the scene is safe. • Call for the line to go cold. Clear the line/field of guests and make the range safe if the incident occurred on the range. • Notify Range Manager. • Render first aid to the injured. • Gather information including date/time of incident, location, victims name address, DOB, and cell phone number, sex of victim. • Nature of injury. • Get a good understanding of what occurred. • Names, addresses, phone numbers of any witnesses. • Get pictures if you are able to. • Offer the guest an ambulance/EMS and if they refuse complete a Refusal of Medical Treatment Form. • Prepare a General Liability Incident Form (APM Risk Management Section) Suicide Prevention Suicide most often occurs when several stressors and health issues converge to create an experience of hopelessness and despair. Depression is the most common health condition associated with suicide, and is often undiagnosed or untreated. Most people who actively manage their mental health conditions lead fulfilling lives. Conditions like depression, anxiety and substance use problems, especially when unaddressed, increase risk for suicide. (NSSF.org/Safety/Suicide-Prevention). Notify Range Management if situation is concerning. 458 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.2 Plan 01/09/24 SOP SUBJECT Emergency Action Plan — Critical Security Incident Medical Emergency: If a serious injury or other medical emergency occurs, immediately call 911. Be sure that the following information is provided to the dispatcher: The approximate age and gender of the patient, accurate location with address (10455 102 Terrace), nature of injury. Remain calm and stay with the injured person If you are trained in first aid, you may provide care per your scope of practice until first responders arrive. First aid kits are located on each Range, the Main Office, the Clay Sales Office and Clays barn. There is an AED located in the main office • Make sure the scene is safe. • Call for the line to go cold. Clear the line/field of guests and make the range safe if the incident occurred on the range. • Notify Range Manager. • Render first aid to the injured. • Gather information including date/time of incident, location, victims name address, DOB, and cell phone number, sex of victim. • Nature of injury. • Get a good understanding of what occurred. • Names, addresses, phone numbers of any witnesses. • Get pictures if you are able to. • Offer the guest an ambulance/EMS and if they refuse complete a Refusal of Medical Treatment Form. • Prepare a General Liability Incident Form (APM Risk Management Section) Suicide Prevention Suicide most often occurs when several stressors and health issues converge to create an experience of hopelessness and despair. Depression is the most common health condition associated with suicide, and is often undiagnosed or untreated. Most people who actively manage their mental health conditions lead fulfilling lives. Conditions like depression, anxiety and substance use problems, especially when unaddressed, increase risk for suicide. (NSSF.org/Safety/Suicide-Prevention). Notify Range Management if situation is concerning. 458 Introduction: Wildfire is defined by the Florida Forest Service (FFS) as any fire that does not meet management objectives or is out of control. Wildfires occur in Florida every year and are part of the natural cycle of Florida's fire -adapted ecosystems. Florida's wildfire season is twelve months long. Indian River County has wildfires throughout the year. The most active part of the year is typically December through the beginning of June. Generally, Indian River County experiences the greatest number of wildfires during April, May, and June. On average, Indian River County has 23 wildfires a year. These fires are often triggered by lightning and spread quickly, igniting everything in their path. The State Park sits between approximately Micco Rd (north), Rt 512 (South), Babcock Rd (West) and the South Fork of the St. Sebastian River. The range sits on a portion of this State Preserve. Definition: For the purpose of this SOP a Wildland Fire event will be defined as a wildland fire (uncontrolled) anywhere on the St. Sebastian River Preserve State Park exhibiting a threat, or at the direction of an Authority Having Jurisdiction (AHJ) Policy: The Indian River County Public Shooting range will comply with any/all Authorities Having Jurisdiction (AHJ) concerning the management of Wildland Fire, mitigation, suppression and prevention of fire. The safety of all team members and guests will remain the primary goal. During a Wildland fire event, every effort will be made to safeguard range/County property as long as it is safe to do so. 459 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.3 Plan 1 01/09/24 SOP SUBJECT Emergency Action Plan - Wildfires Wildfire is defined by the Florida Forest Service (FFS) as any fire that does not meet management objectives or is out of control. Wildfires occur in Florida every year and are part of the natural cycle of Florida's fire -adapted ecosystems. Florida's wildfire season is twelve months long. Indian River County has wildfires throughout the year. The most active part of the year is typically December through the beginning of June. Generally, Indian River County experiences the greatest number of wildfires during April, May, and June. On average, Indian River County has 23 wildfires a year. These fires are often triggered by lightning and spread quickly, igniting everything in their path. The State Park sits between approximately Micco Rd (north), Rt 512 (South), Babcock Rd (West) and the South Fork of the St. Sebastian River. The range sits on a portion of this State Preserve. Definition: For the purpose of this SOP a Wildland Fire event will be defined as a wildland fire (uncontrolled) anywhere on the St. Sebastian River Preserve State Park exhibiting a threat, or at the direction of an Authority Having Jurisdiction (AHJ) Policy: The Indian River County Public Shooting range will comply with any/all Authorities Having Jurisdiction (AHJ) concerning the management of Wildland Fire, mitigation, suppression and prevention of fire. The safety of all team members and guests will remain the primary goal. During a Wildland fire event, every effort will be made to safeguard range/County property as long as it is safe to do so. 459 J i s90071Ns �r- RANGE v Procedure: A. Initial Notification of Uncontrolled Wildland Fire on the St. Sebastian River State Preserve: 1. Due to the speed at which a wildland fire can spread, close off Rifle/Pistol, Arch e ry/ai rsoft, sporting clays, Skeet/Trap fields and Five Stand area. All guests should be instructed to exit the range. 2. Based on the threat, every effort should be made to safely safeguard County property. Teams should be established to remove property from sporting clay course/five stand. Items removed can be secured in the shotgun sports parking lot. 3. Range manager/designee will maintain communications with Fire Dept Incident Command. 4. Staffing levels will be adjusted based on conditions and needs. 5. The range entrance located on 102nd Terr will be secured to allow entry of all emergency vehicles and egress of guests/team members. The main entrance is secured with a Knoxbox padlock for fire dept entry. 6. Notify IRC Communications for social media updates. 460 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.3 Plan 01/09/24 SOP SUBJECT Emergency Action Plan — Wildfires Procedure: A. Initial Notification of Uncontrolled Wildland Fire on the St. Sebastian River State Preserve: 1. Due to the speed at which a wildland fire can spread, close off Rifle/Pistol, Arch e ry/ai rsoft, sporting clays, Skeet/Trap fields and Five Stand area. All guests should be instructed to exit the range. 2. Based on the threat, every effort should be made to safely safeguard County property. Teams should be established to remove property from sporting clay course/five stand. Items removed can be secured in the shotgun sports parking lot. 3. Range manager/designee will maintain communications with Fire Dept Incident Command. 4. Staffing levels will be adjusted based on conditions and needs. 5. The range entrance located on 102nd Terr will be secured to allow entry of all emergency vehicles and egress of guests/team members. The main entrance is secured with a Knoxbox padlock for fire dept entry. 6. Notify IRC Communications for social media updates. 460 V ER rG RANGE �OR1D� Notification of "all clear" by AHJ: 1. Range manager/designee will conduct damage assessment on the property and coordinate with IRC Risk Management. 2. Pictures should be taken of all damaged property. 3. Gather information for completion of an Incident Report, which is to be submitted to Risk Management (Per APM 1000.12) 4. Notify IRC communications of status of the range for social media updates. 461 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.3 Plan 01/09/24 SOP SUBJECT Emergency Action Plan — Wildfires Notification of "all clear" by AHJ: 1. Range manager/designee will conduct damage assessment on the property and coordinate with IRC Risk Management. 2. Pictures should be taken of all damaged property. 3. Gather information for completion of an Incident Report, which is to be submitted to Risk Management (Per APM 1000.12) 4. Notify IRC communications of status of the range for social media updates. 461 • seoonNG AGF k�0Rio�. It is the standard operating procedure for the Indian River County Public Shooting Range to remain open during most periods of inclement weather; however, where extraordinary circumstances warrant (i.e. hurricane), the Range reserves the right to close/clear the facility. Team members are encouraged to pay attention to radio/TV broadcasts, weather apps, and use the Lightning Prediction System (ThorGuard) currently installed at the Shooting Range and the North County Pool during periods of adverse weather to find out if the facility should remain open or closed. Definition: For the purpose of this SOP, inclement weather is defined as any severe or harsh weather condition that makes it unsafe or impractical to travel, commute, or engage in outdoor activities. This will include lightning within 10 miles of the range property. Procedures: Based on current conditions a decision whether the facilities will be open or closed during periods of inclement weather will be made. This could include stopping all activities on the ranges and instructing staff and guests to seek shelter under the range roof or indoors in the main building, as well as leaving the property, depending on Regardless of whether the facility is open or closed, it is each employee's decision as to whether it is safe to continue activities during such weather. Employees must advise the range manager, or their designee conditions as soon as possible if they feel that conditions are hazardous and they have halted activities. 462 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.4 Plan 01/09/24 SOP SUBJECT Emergency Action Plan — Weather It is the standard operating procedure for the Indian River County Public Shooting Range to remain open during most periods of inclement weather; however, where extraordinary circumstances warrant (i.e. hurricane), the Range reserves the right to close/clear the facility. Team members are encouraged to pay attention to radio/TV broadcasts, weather apps, and use the Lightning Prediction System (ThorGuard) currently installed at the Shooting Range and the North County Pool during periods of adverse weather to find out if the facility should remain open or closed. Definition: For the purpose of this SOP, inclement weather is defined as any severe or harsh weather condition that makes it unsafe or impractical to travel, commute, or engage in outdoor activities. This will include lightning within 10 miles of the range property. Procedures: Based on current conditions a decision whether the facilities will be open or closed during periods of inclement weather will be made. This could include stopping all activities on the ranges and instructing staff and guests to seek shelter under the range roof or indoors in the main building, as well as leaving the property, depending on Regardless of whether the facility is open or closed, it is each employee's decision as to whether it is safe to continue activities during such weather. Employees must advise the range manager, or their designee conditions as soon as possible if they feel that conditions are hazardous and they have halted activities. 462 Initial Notification of inclement weather (Shotgun/Rifle/Pistol) • Call the line cold and have the guests seek shelter (personnel vehicles/Range Office). • Based on the conditions, activities may stop until the weather passes or if prolonged hazardous conditions persist then the guests may be asked to leave property, if it is safe to do so. • Staffing levels will be adjusted based on conditions and needs. • Ensure that the Sporting Clay Course, skeet/trap, Archery and Airsoft ranges are cleared during inclement weather. • Notification of lightning strikes within 10 miles; range activities will cease until the threat has passed. • During a thunder/lightning storm; seek shelter and remain indoors, stay away from windows and doors. Stay away from items that conduct electricity. Initial Notification of Hurricane (or significant Storm) • Before every extreme weather event, the staff should meet as early as possible and establish a series of meetings over the days leading up to the storm. ■ Range Manager will utilize the Hurricane Checklist. ■ Completed Hurricane Checklist will be included in the Incident Report. Activation of ThorGuard System 1. Three (3) load horn bursts from the ThorGuard tower indicates high chance of lightening. Upon activation of the horns/yellow strobe the procedures for closing the facility (as described in "A" above) will be followed. 2. One (1) long horn burst indicates the threat has passed and activities may resume (as described in "B" above). Notification of "all clear' 1. Once the weather has passed and it is safe to continue, activities may resume 2. Team members will continue to monitor weather conditions. 3. Ensure all staff is accounted for. 463 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.4 Plan 01 /09/24 SOP SUBJECT Emergency Action Plan — Weather Initial Notification of inclement weather (Shotgun/Rifle/Pistol) • Call the line cold and have the guests seek shelter (personnel vehicles/Range Office). • Based on the conditions, activities may stop until the weather passes or if prolonged hazardous conditions persist then the guests may be asked to leave property, if it is safe to do so. • Staffing levels will be adjusted based on conditions and needs. • Ensure that the Sporting Clay Course, skeet/trap, Archery and Airsoft ranges are cleared during inclement weather. • Notification of lightning strikes within 10 miles; range activities will cease until the threat has passed. • During a thunder/lightning storm; seek shelter and remain indoors, stay away from windows and doors. Stay away from items that conduct electricity. Initial Notification of Hurricane (or significant Storm) • Before every extreme weather event, the staff should meet as early as possible and establish a series of meetings over the days leading up to the storm. ■ Range Manager will utilize the Hurricane Checklist. ■ Completed Hurricane Checklist will be included in the Incident Report. Activation of ThorGuard System 1. Three (3) load horn bursts from the ThorGuard tower indicates high chance of lightening. Upon activation of the horns/yellow strobe the procedures for closing the facility (as described in "A" above) will be followed. 2. One (1) long horn burst indicates the threat has passed and activities may resume (as described in "B" above). Notification of "all clear' 1. Once the weather has passed and it is safe to continue, activities may resume 2. Team members will continue to monitor weather conditions. 3. Ensure all staff is accounted for. 463 C` r — • B.00„Ka ruNae ORIn � HURRICANE CHECKLIST Storm Name: Date: Phase 1 (96 Hours) - before storm CHECK -OFF 1. Monitor news sources/County Resources 2. Notify all staff — update contact info and check availability. 3. Review with team the procedures to secure outside loose equipment at assigned areas. 4. Prepare Hurricane schedule 5. Store all loose items (trash cans, chairs, bench rests, stands, Target holders, brooms, buckets, Flags, etc.) 6. Fill vehicles with gas. 7. Range manager will coordinate with Incident Command 8. Secure Cash/High value property Phase 11 (72 Hours) before storm 9. Unplug all electrical equipment (Skeet/trap machines), secure & cover. 10. Shutter all windows. 11. Shut off main electric breakers (IF REQUIRED). 12. Ensure items are off the floor in case of flooding 13. Lock all doors, including field houses. 14. Lock range gates. 15. Property drive thru — final pass before securing campus Phase III (48 Hours) before storm: 16. Reassign staff as needed 17. Range Manager will coordinate with Incident Command 18. Media messaging Recovery Phase (24 hours) Post Storm 1. Assemble damage assessment teams 2. Survey range for damages/dangers and notify range manager 3. Request additional resources, as needed 4. Prepare to reopen range based on conditions 5. Media messaging 464 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.4 Plan 01/09/24 SOP SUBJECT Emergency Action Plan — Weather HURRICANE CHECKLIST Storm Name: Date: Phase 1 (96 Hours) - before storm CHECK -OFF 1. Monitor news sources/County Resources 2. Notify all staff — update contact info and check availability. 3. Review with team the procedures to secure outside loose equipment at assigned areas. 4. Prepare Hurricane schedule 5. Store all loose items (trash cans, chairs, bench rests, stands, Target holders, brooms, buckets, Flags, etc.) 6. Fill vehicles with gas. 7. Range manager will coordinate with Incident Command 8. Secure Cash/High value property Phase 11 (72 Hours) before storm 9. Unplug all electrical equipment (Skeet/trap machines), secure & cover. 10. Shutter all windows. 11. Shut off main electric breakers (IF REQUIRED). 12. Ensure items are off the floor in case of flooding 13. Lock all doors, including field houses. 14. Lock range gates. 15. Property drive thru — final pass before securing campus Phase III (48 Hours) before storm: 16. Reassign staff as needed 17. Range Manager will coordinate with Incident Command 18. Media messaging Recovery Phase (24 hours) Post Storm 1. Assemble damage assessment teams 2. Survey range for damages/dangers and notify range manager 3. Request additional resources, as needed 4. Prepare to reopen range based on conditions 5. Media messaging 464 Fire Emergency Team members should know where fire extinguishers are located and how to use them (PASS) Fire extinguisher access should be clear and unobstructed. Fire extinguishers are located: Inside the classroom building 5 Stand Structure Shotgun/clay Barn Main Building Rifle Range Pistol Range Archery/Airgun Range Storage Building How to use a fire extinauisher: Pull the pin Aim the nozzle at the base of the fire Squeeze the trigger Sweep side to side Anytime there is a fire in or around the Range the Range Officers will: • Call a "CEASE FIRING' and make all ranges/fields "COLD." • Extinguish any small fire, if safe to do so and ensure that the fire is completely out. • Notify Range Management • Complete a Property Damage Form (APM 1000.10) Property Damage Form (should include): • Immediately assess how the fire got started? • Was it an illegal tracer round fired by a guest? If so, get guest information. • Were there any other guests involved? • Who are the witnesses? • How was fire extinguished? 465 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.5 Plan 01/09/24 SOP SUBJECT Emergency Action Plan — Fire Emergencies Fire Emergency Team members should know where fire extinguishers are located and how to use them (PASS) Fire extinguisher access should be clear and unobstructed. Fire extinguishers are located: Inside the classroom building 5 Stand Structure Shotgun/clay Barn Main Building Rifle Range Pistol Range Archery/Airgun Range Storage Building How to use a fire extinauisher: Pull the pin Aim the nozzle at the base of the fire Squeeze the trigger Sweep side to side Anytime there is a fire in or around the Range the Range Officers will: • Call a "CEASE FIRING' and make all ranges/fields "COLD." • Extinguish any small fire, if safe to do so and ensure that the fire is completely out. • Notify Range Management • Complete a Property Damage Form (APM 1000.10) Property Damage Form (should include): • Immediately assess how the fire got started? • Was it an illegal tracer round fired by a guest? If so, get guest information. • Were there any other guests involved? • Who are the witnesses? • How was fire extinguished? 465 • ( 89o•771Y6 l RANGE C)Rin� Large Fires: • Contact 911 — Fire Department, give location of fire • Close ALL RANGES and ensure that the patrons are safe from any fire movement and ensure that it is safe for responding officials to enter the facility. • Assist authorities by being sure access in and out of Range is clear of any obstructions. • Range Manager will ensure all staff are accounted for and safe. "All Clear": • Once the fire has been confirmed and out, and the area deemed safe by authorities, Range Management will give an all clear. • Only after the all clear is given, shooting may resume. 466 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 6 Emergency Action 6.5 Plan 01/09/24 SOP SUBJECT Emergency Action Plan — Fire Emergencies Large Fires: • Contact 911 — Fire Department, give location of fire • Close ALL RANGES and ensure that the patrons are safe from any fire movement and ensure that it is safe for responding officials to enter the facility. • Assist authorities by being sure access in and out of Range is clear of any obstructions. • Range Manager will ensure all staff are accounted for and safe. "All Clear": • Once the fire has been confirmed and out, and the area deemed safe by authorities, Range Management will give an all clear. • Only after the all clear is given, shooting may resume. 466 Team Members Range Officers shall be present on the ranges during operating hours. The Range Officers shall provide constant and direct supervision on the firing line to ensure that shooters follow range rules designed to prevent possible injury and property damage. The Range Officers need to be mobile and vigilant on the firing line in a location that allows the best control of the firing line. Range Officers are safety officers, not instructors. Even though, for the sake of safety, at times basic instruction must be given, the Range Officers' focus must be on enforcing safety on the ranges and not instructing shooters. Staff Assistants perform a wide range of clerical and administrative duties including customer service, and point of sale operation. The Facility Supervisor is a safety focused supervisory position overseeing all day to day operations. Team members are not to handle guest's firearms unnecessarily. Staff should not attempt to repair a guest's firearm. If a serious repair is needed have the guest make the firearm safe and refer them to a qualified gunsmith of their choice. The Range Manager is a safety focused supervisory and business development position overseeing the operations of the Range Uniforms, Personal Appearance: The Range Officers' uniform consists of: Pants —jeans, rough duty pants, or rough duty shorts Black or brown belt Shirts (issued 3 shirts and as needed) Red polo range shirt with staff name embroidered on the shirt (preferred), or Red -shirt — short sleeve or long sleeve with staff name tag Issued ball caps or hats (no offensive logos/sayings, etc) Shoes Shoes or boots shall be brown or black. Open toed shoes such as sandals or flip flops are not permitted. 467 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 7.0 Team 7.1 Orientation/NEO 01/09/24 SOP SUBJECT Team Members Team Members Range Officers shall be present on the ranges during operating hours. The Range Officers shall provide constant and direct supervision on the firing line to ensure that shooters follow range rules designed to prevent possible injury and property damage. The Range Officers need to be mobile and vigilant on the firing line in a location that allows the best control of the firing line. Range Officers are safety officers, not instructors. Even though, for the sake of safety, at times basic instruction must be given, the Range Officers' focus must be on enforcing safety on the ranges and not instructing shooters. Staff Assistants perform a wide range of clerical and administrative duties including customer service, and point of sale operation. The Facility Supervisor is a safety focused supervisory position overseeing all day to day operations. Team members are not to handle guest's firearms unnecessarily. Staff should not attempt to repair a guest's firearm. If a serious repair is needed have the guest make the firearm safe and refer them to a qualified gunsmith of their choice. The Range Manager is a safety focused supervisory and business development position overseeing the operations of the Range Uniforms, Personal Appearance: The Range Officers' uniform consists of: Pants —jeans, rough duty pants, or rough duty shorts Black or brown belt Shirts (issued 3 shirts and as needed) Red polo range shirt with staff name embroidered on the shirt (preferred), or Red -shirt — short sleeve or long sleeve with staff name tag Issued ball caps or hats (no offensive logos/sayings, etc) Shoes Shoes or boots shall be brown or black. Open toed shoes such as sandals or flip flops are not permitted. 467 Hearing and eye protection will be provided upon hiring and replaced as requested. Appearance: Attire, dress standards and personal appearance are important in making a good first impression. Team members shall always display a neat, professional appearance while on duty or while representing the shooting range before the public. Refer to the County's Administrative Policy Manual regarding appropriate attire and personal appearance. Staff shall be expected to maintain an appearance which reflects a professional image by proper grooming and personal cleanliness. Some duties may require staff members to wear certain types of clothing or gear for health, safety or security reasons. Staff should dress appropriately for the work setting and type of work performed. Requests for attire replacement shall be sent through range management for approval. 468 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 7.0 Team 7.1 Orientation/NEO 01/09/24 SUBJECT SOP Team Members Hearing and eye protection will be provided upon hiring and replaced as requested. Appearance: Attire, dress standards and personal appearance are important in making a good first impression. Team members shall always display a neat, professional appearance while on duty or while representing the shooting range before the public. Refer to the County's Administrative Policy Manual regarding appropriate attire and personal appearance. Staff shall be expected to maintain an appearance which reflects a professional image by proper grooming and personal cleanliness. Some duties may require staff members to wear certain types of clothing or gear for health, safety or security reasons. Staff should dress appropriately for the work setting and type of work performed. Requests for attire replacement shall be sent through range management for approval. 468 Range Officer Responsibilities - Rifle and Pistol Ranges • Watch for safety. Remain alert and keep personal cell phone use to a minimum. Correct any problems and emphasize safety to our guests. Monitor and guide the guests in the use and procedures of shooting on the range. • Range officers should interact with the guests throughout the day. Range officers must walk the firing lines, directly observing the guests firearms handling, loading/unloading, and shooting practices. • Be on time and ready at assigned work area at the start of their shift. • Treat each other with professionalism, courtesy and respect. • If a guest enters with a loaded or concealed firearm they may be asked to leave. Range Officer Wil offers Range Pass and complete an incident report. Contact a senior range officer or a manager if needed. • Greet the guests at the gate. Brief the guest on the procedures and assign a lane. Ask the guests if they have any concealed or loaded firearms. If they say yes, have them return to their car and address the issue before allowing entry to the ranges. • During a "COLD" line the empty cases need to be swept from the sidewalks. • ALL Range Officers are to help with set up/clean u p and trash removal. Range officers assigned to rifle/pistol need to be on the range at assigned start time. • Du ring a "HOT" line watch the shooters for safety and assist guests with any problems they may have. Help with malfunctions of firearms. If you are not sure - ask for assistance from another range officer or management. • Guests may be brought onto the firing line during a HOT (cold) operating line. Guests must use only authorized and official entrances and have a valid range pass/ten pass/valid rain check (receipt). 469 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 7.0 Team 7.2 Orientation/NEO 01/09/24 SUBJECT SOP Range Officer Responsibilities Rifle/Pistol Range Officer Responsibilities - Rifle and Pistol Ranges • Watch for safety. Remain alert and keep personal cell phone use to a minimum. Correct any problems and emphasize safety to our guests. Monitor and guide the guests in the use and procedures of shooting on the range. • Range officers should interact with the guests throughout the day. Range officers must walk the firing lines, directly observing the guests firearms handling, loading/unloading, and shooting practices. • Be on time and ready at assigned work area at the start of their shift. • Treat each other with professionalism, courtesy and respect. • If a guest enters with a loaded or concealed firearm they may be asked to leave. Range Officer Wil offers Range Pass and complete an incident report. Contact a senior range officer or a manager if needed. • Greet the guests at the gate. Brief the guest on the procedures and assign a lane. Ask the guests if they have any concealed or loaded firearms. If they say yes, have them return to their car and address the issue before allowing entry to the ranges. • During a "COLD" line the empty cases need to be swept from the sidewalks. • ALL Range Officers are to help with set up/clean u p and trash removal. Range officers assigned to rifle/pistol need to be on the range at assigned start time. • Du ring a "HOT" line watch the shooters for safety and assist guests with any problems they may have. Help with malfunctions of firearms. If you are not sure - ask for assistance from another range officer or management. • Guests may be brought onto the firing line during a HOT (cold) operating line. Guests must use only authorized and official entrances and have a valid range pass/ten pass/valid rain check (receipt). 469 • Make sure you explain all rules and regulations to guests before they move their guns to the firing line. • Instruct that all guns be placed on the back bench, muzzle pointed away from the firing line and that all actions be opened for bore inspection. • Do not allow guests to clear their own firearms. The range officer dears the firearms. • Check ALL bores for obstructions. If the bore is plugged it must be cleared and checked before firing. This inspection is to be done to ALL guns brought onto the range. (To check a bore for obstruction, open the action make sure the gun Is UNLOADED). Visually check chamber to be sure it is clear. Only after this is done look down the bore. • Pistol range frames for shotgun will not be placed closer than the 15 -yard line. • Shotguns must have a stock. Shotguns with only a pistol grip will not be allowed on the ranges. • Rapid fire is not allowed. One shot every two seconds. • No tracer rounds, and no incendiary rounds are allowed. • Targets will be placed in the center of the cardboard. • Monitor weather and range conditions. Be aware of lightening and be prepared to call the line cold in the event of lightening/inclement weather. • Remind guests to shoot from the "other side" of the red box. • Target frames move in and out only. They do not move side to side. • Guests using the 200 -yard rifle range must be approved by range staff • Provides outstanding customer service to guests. • Informs guests of range/safety rules and ensures compliance 470 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 7.0 Team 7.2 Orientation/NEO 01/09/24 SOP SUBJECT Range Officer Responsibilities Rifle/Pistol • Make sure you explain all rules and regulations to guests before they move their guns to the firing line. • Instruct that all guns be placed on the back bench, muzzle pointed away from the firing line and that all actions be opened for bore inspection. • Do not allow guests to clear their own firearms. The range officer dears the firearms. • Check ALL bores for obstructions. If the bore is plugged it must be cleared and checked before firing. This inspection is to be done to ALL guns brought onto the range. (To check a bore for obstruction, open the action make sure the gun Is UNLOADED). Visually check chamber to be sure it is clear. Only after this is done look down the bore. • Pistol range frames for shotgun will not be placed closer than the 15 -yard line. • Shotguns must have a stock. Shotguns with only a pistol grip will not be allowed on the ranges. • Rapid fire is not allowed. One shot every two seconds. • No tracer rounds, and no incendiary rounds are allowed. • Targets will be placed in the center of the cardboard. • Monitor weather and range conditions. Be aware of lightening and be prepared to call the line cold in the event of lightening/inclement weather. • Remind guests to shoot from the "other side" of the red box. • Target frames move in and out only. They do not move side to side. • Guests using the 200 -yard rifle range must be approved by range staff • Provides outstanding customer service to guests. • Informs guests of range/safety rules and ensures compliance 470 G - eBOMMOnNG MNCB • Maintain Range shacks in a safe and clean condition • Assist with building of frames and perform light maintenance and grounds work • Communicate with range staff Assist with tournaments and sanctioned events. Safety Is a Top Priority: Commands issued by any Range Officer must be followed immediately. Range Officers are authorized to remove any shooter whose behavior is detrimental to the safe operations of any of the ranges. 471 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 7.0 Team 7.2 Orientation/NEO 01/09/24 SOP SUBJECT Range Officer Responsibilities Rifle/Pistol • Maintain Range shacks in a safe and clean condition • Assist with building of frames and perform light maintenance and grounds work • Communicate with range staff Assist with tournaments and sanctioned events. Safety Is a Top Priority: Commands issued by any Range Officer must be followed immediately. Range Officers are authorized to remove any shooter whose behavior is detrimental to the safe operations of any of the ranges. 471 Range Officers Responsibilities Shotgun Sports SAFETY IS #1!! The entire time at the range, it is the Range Officer's job to be observant of safety procedures and ensure guests compliance. Watch for safety. Remain alert and keep personal cell phone use to a minimum. Correct any problems and emphasize safety to our guests. Monitor and guide the guests in the use and procedures of shooting on the range. Range officers should interact with the guests throughout the day. Range officers must pay close attention to what their guests are doing and ammunition they are using. Be on time and ready at assigned work area at the start of assigned shift. Treat each other with professionalism, courtesy and respect Be aware of range staff on and around the fields. Follows and implements all procedures and policies as described in the Range Standard Operating Procedures. Only 7 Y2, 8 or 9 LEAD shot allowed on all shotgun venues All uncased guns are to have the action open at all times. They must be in the shotgun box on the skeet/trap/5 stand field prior to loading or shooting. On the sporting clays course, they must be in the shooting stand before loading or firing a shot. If the gun uses a detachable magazine the magazine must be removed from the gun. SHOTG U NS IN G U N RACKS - Semi -au to's and pump guns must have the actions open. Over and under guns may be closed. • All firearms are to be pointed in a safe direction at all times. • Pay attention and give good PROMPT pulls. 472 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 7.0 Team 7.3 Orientation/NEO 01/09/24 SOP SUBJECT Range Officer Responsibilities Shotgun Sports Range Officers Responsibilities Shotgun Sports SAFETY IS #1!! The entire time at the range, it is the Range Officer's job to be observant of safety procedures and ensure guests compliance. Watch for safety. Remain alert and keep personal cell phone use to a minimum. Correct any problems and emphasize safety to our guests. Monitor and guide the guests in the use and procedures of shooting on the range. Range officers should interact with the guests throughout the day. Range officers must pay close attention to what their guests are doing and ammunition they are using. Be on time and ready at assigned work area at the start of assigned shift. Treat each other with professionalism, courtesy and respect Be aware of range staff on and around the fields. Follows and implements all procedures and policies as described in the Range Standard Operating Procedures. Only 7 Y2, 8 or 9 LEAD shot allowed on all shotgun venues All uncased guns are to have the action open at all times. They must be in the shotgun box on the skeet/trap/5 stand field prior to loading or shooting. On the sporting clays course, they must be in the shooting stand before loading or firing a shot. If the gun uses a detachable magazine the magazine must be removed from the gun. SHOTG U NS IN G U N RACKS - Semi -au to's and pump guns must have the actions open. Over and under guns may be closed. • All firearms are to be pointed in a safe direction at all times. • Pay attention and give good PROMPT pulls. 472 SEMOnNG RANGE T -OR • Keep skeet and trap fields neat and clean. • Fill houses and machines with targets as necessary. • Sweep out the houses, pick up shotgun hulls and dispose, tie up garbage bags and remove from the can, sweep up field and top off trap houses, at the end of every shift. • Break down clay target boxes completely and dispose of at the end of your shift. Place cardboard Boxes in the correct recycling bin. • Keep maintenance tools / control panel cords on the proper fields. DON'T allow equipment to wander off to another field. • Keep golf carts and push carts neat and clean. • Periodically check sporting clay course/5 Stand/skeet and trap fields and clean up hulls TO SHUT DOWN A SKEET/TRAP FIELD • Roll up pull control panel cords neatly and store in Clay house. • Pick up shotgun hulls and dispose of in trash • Sweep sidewalks and top of trap house. • Sweep out high/ low/ trap house. • Completely Break down and stack clay target boxes *Tie and remove full garbage bags (replace with clean bag), and put in appropriate dumpster. • Close window and door to filed houses 473 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 7.0 Team 7.3 Orientation/NEO 01/09/24 SUBJECT SOP Range Officer Responsibilities Shotgun Sports • Keep skeet and trap fields neat and clean. • Fill houses and machines with targets as necessary. • Sweep out the houses, pick up shotgun hulls and dispose, tie up garbage bags and remove from the can, sweep up field and top off trap houses, at the end of every shift. • Break down clay target boxes completely and dispose of at the end of your shift. Place cardboard Boxes in the correct recycling bin. • Keep maintenance tools / control panel cords on the proper fields. DON'T allow equipment to wander off to another field. • Keep golf carts and push carts neat and clean. • Periodically check sporting clay course/5 Stand/skeet and trap fields and clean up hulls TO SHUT DOWN A SKEET/TRAP FIELD • Roll up pull control panel cords neatly and store in Clay house. • Pick up shotgun hulls and dispose of in trash • Sweep sidewalks and top of trap house. • Sweep out high/ low/ trap house. • Completely Break down and stack clay target boxes *Tie and remove full garbage bags (replace with clean bag), and put in appropriate dumpster. • Close window and door to filed houses 473 sesonns RANGE �I ORW Niaht Shootin • All night shooting staff should begin lunches no later than 4pm and conclude by 4:45pm. • Day shooting staff need to be relieved by 4:45 or at the very least offered relief. • Sales window will shut down at 8:30pm. • Range staff will stop throwing new games at 8:30pm. Guests in the middle of a game that has already started will be allowed to complete the game. • Machine failures will be noted on the "shift notes" board in the Clay Barn. • Machines should be topped off and made ready for play. • Ensure guests are off the sporting clay course no later than dusk. Additional Responsibilities for team members assigned to shotgun sports: • Provides outstanding customer service to guests. • Informs guests of range/safety rules and ensures compliance • Performs light maintenance on grounds, golf carts and clay machines • Fills machines as needed • Sets up sporting clay course for tournaments and monitors play • Keeps the course and fields clean. • Assists with inventory 474 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 7.0 Team 7.3 Orientation/NEO 01/09/24 SOP SUBJECT Range Officer Responsibilities Shotgun Sports • All night shooting staff should begin lunches no later than 4pm and conclude by 4:45pm. • Day shooting staff need to be relieved by 4:45 or at the very least offered relief. • Sales window will shut down at 8:30pm. • Range staff will stop throwing new games at 8:30pm. Guests in the middle of a game that has already started will be allowed to complete the game. • Machine failures will be noted on the "shift notes" board in the Clay Barn. • Machines should be topped off and made ready for play. • Ensure guests are off the sporting clay course no later than dusk. Additional Responsibilities for team members assigned to shotgun sports: • Provides outstanding customer service to guests. • Informs guests of range/safety rules and ensures compliance • Performs light maintenance on grounds, golf carts and clay machines • Fills machines as needed • Sets up sporting clay course for tournaments and monitors play • Keeps the course and fields clean. • Assists with inventory 474 •�1 BROOME •/ RANGE �f)Rln* New employees upon starting at the range will be given a "New Employee Training Form". This form will help guide them in the training process. Training will be under the guidance of experienced range officers and consist of (at a minimum): 8 Hours on the Pistol Range 8 Hours on the Rifle Range 16 Hours on Shotgun Sports 8 Hours Office/Admin New employees may have the training extended depending on skill/comfort level. New Range Officers will be trained to work in all areas of the range and may be called to do so based on operational need. 475 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 7.0 Team 7.4 Orientation/NEO 01/09/24 SOP SUBJECT New Employee Orientation (NEO) New employees upon starting at the range will be given a "New Employee Training Form". This form will help guide them in the training process. Training will be under the guidance of experienced range officers and consist of (at a minimum): 8 Hours on the Pistol Range 8 Hours on the Rifle Range 16 Hours on Shotgun Sports 8 Hours Office/Admin New employees may have the training extended depending on skill/comfort level. New Range Officers will be trained to work in all areas of the range and may be called to do so based on operational need. 475 Employee Name: Start Date: fF} INT Pistol Range: 8 hours Time: Date: SECTION NUMBER EFFECTIVE SHOOTING Punchln/out Range Set u DATE RANGE 7.0 Team 7.4 Range Officer Responsibilities (Review/sign form Afternoon Session Orientation/NEO FacilitV Tour 01/09/24 SOP SUBJECT New Employee Orientation (NEO) Employee Name: Start Date: fF} INT Pistol Range: 8 hours Time: Date: Topic Completed (Range Officer Initials Moming Session Punch In/out Punchln/out Range Set u Calling Line Hot/Cold Walking the Line Range Safety Cleaning/Maintenance Range Officer Responsibilities (Review/sign form Afternoon Session Calling the Line FacilitV Tour Rifle Range: 8 hours Time: Date: Topic Completed (Range Officer Initials Morning Session Punch In/out Range Set u Calling Line Hot/Cold Walking the Line Range Safety Cleaning/Maintenance Incident Reporting Afternoon Session Calling the Line 476 Shotgun Ranges: 8 hours (16 hours Total) Time: Date: SECTION NUMBER EFFECTIVE SHOOTING Set u Set u DATE RANGE 7.0 Team 7.4 Pulling Targets Explanation of Games (S Stand, Skeet, Trap, Sporting Clays) Orientation/NEO Birds 01/09/24 SOP SUBJECT New Employee Orientation (NEO) Pullin birds Shotgun Ranges: 8 hours (16 hours Total) Time: Date: Topic Completed (Range Officer Initials Morning Session Punchln/out Set u Set u Pulling Birds -Range Promatic machines/Cards Tour each field ( 5 stand, Skeet, Trap, Sporting Clay Pulling Targets Explanation of Games (S Stand, Skeet, Trap, Sporting Clays) Birds -Pulling Loading/UnloadingLoading/Unloading Promatic Machines -Cleaning/Maintenance Afternoon Session Pullin birds Golf Carts/Push Carts Shotgun Ranges: 8 hours { 16 hours Total) Time: Date: Topic Completed (Range Officer Initials Morning Session Punch In/Punch out Set u -Range Trouble Shooting/Loading/Unloading Pulling Birds Range Safety -Cleaning/Maintenance Afternoon Session Pulling Targets 477 • S900UNG '! RANGE '00) `- Office/Admin: 8 hours (S hours Total) Time: Date- SECTION NUMBER EFFECTIVE SHOOTING Office Set u Phone Courtesy/Customer Service DATE RANGE 7.0 Team 7.4 Promatic Cards Rentals Orientation/NEO Hunters Education Sales Office 01/09/24 SUBJECT Range Officer Responsibilities SOP Customer Service New Employee Orientation (NEO) Office/Admin: 8 hours (S hours Total) Time: Date- Topic Completed (Range Officer Initials Moming Session Punch In/Punch Out Office Set u Phone Courtesy/Customer Service Point of Sale System Range Safety (briefing) New shooter Registration Guest Check in/Sales Promatic Cards Rentals Cleaning/Maintenance Hunters Education Sales Office Afternoon Session CRR/AED, EMRGENCY PROCEDURES Range Officer Responsibilities Review Administrative Policies Customer Service Cleaning/ Maintenance When complete please return to Range Manager Date Submitted: Employee Signature: 478 Indian River County Public Shooting Range Table of Organization 479 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 8.0 Job 8.1 Descriptions/ Table 01/09/24 SOP of Organization SUBJECT Table of Organization Indian River County Public Shooting Range Table of Organization 479 1ti — r{ SMWTINe RANGE 'ORIX)` Indian River County Public Shooting Range Job Descriptions 480 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 8.0 Job 8.2 Descriptions/ Table 1/12/24 SOP of Organization SUBJECT Job Descriptions — Manager Shooting Range Indian River County Public Shooting Range Job Descriptions 480 •Ii SHOOTING RANG! Work assignments • Facility Supervisor shall establish a schedule of work assignments for personnel assigned to the Shooting Range. Interaction with the public • Shooting Range staff routinely interacts the public; provides information on Range rules and regulations, safe handling and shooting of firearms; coordinates activities with law enforcement officials, and groups; prepares and maintains reports, and correspondence. Social Media Communications made with respect to social media shall be made in compliance with all applicable County policies. Email and Electronic Communication • Users of County email shall follow County Policy regarding Acceptable Use. County Cell Phone • User of County cell phones shall follow County policy Cellular Device and Stipend and County Policy Acceptable Use. Timekeeping • Indian River County complies with the Fair Labor Standards Act (FLSA) and has established policies and procedures regarding Timekeeping, Attendance and Punctuality, Hours of Work, Overtime, On Call/Standby Assignment -Holidays, Vacation, and Sick leave, Family and Medical Leave, Short Term Absences, and Leave of Absence. • Employees of the County are expected to accurately report time worked and request time off from work in accordance with applicable policies and procedures. • Range employees are expected to work the established work schedule or be on approved leave. 481 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 9.0 Administration 9.1 1/09/24 SUBJECT SOP Administrative Policies and Procedures • Facility Supervisor shall establish a schedule of work assignments for personnel assigned to the Shooting Range. Interaction with the public • Shooting Range staff routinely interacts the public; provides information on Range rules and regulations, safe handling and shooting of firearms; coordinates activities with law enforcement officials, and groups; prepares and maintains reports, and correspondence. Social Media Communications made with respect to social media shall be made in compliance with all applicable County policies. Email and Electronic Communication • Users of County email shall follow County Policy regarding Acceptable Use. County Cell Phone • User of County cell phones shall follow County policy Cellular Device and Stipend and County Policy Acceptable Use. Timekeeping • Indian River County complies with the Fair Labor Standards Act (FLSA) and has established policies and procedures regarding Timekeeping, Attendance and Punctuality, Hours of Work, Overtime, On Call/Standby Assignment -Holidays, Vacation, and Sick leave, Family and Medical Leave, Short Term Absences, and Leave of Absence. • Employees of the County are expected to accurately report time worked and request time off from work in accordance with applicable policies and procedures. • Range employees are expected to work the established work schedule or be on approved leave. 481 SHOOTING ,• RANGE Range Staff are responsible for: • Working the assigned shift and complying with established County policies and procedures. • Requesting time off in accordance with established policies and procedures using the electronic approval process (if applicable). • Clocking in to work at either an assigned computer workstation, time clock using a County issued proximity badge, using a mobile application, or other method established by the County. • Reviewing the timesheet to ensure it accurately reflects all hours worked and reporting errors or missed punches to the supervisor or division timekeeper. • Taking the assigned meal period or requesting supervisory approval to "cancel" the meal period for the day if the employee was not permitted to take a lunch break. • Maintaining issued proximity badges and reporting lost or damaged badges to Human Resources for replacement. Repeated loss or damage may result in the employee being responsible for the cost of replacement. Sick and Vacation Policies & Procedures Sick Leave It is the policy of the County to permit employees to be absent from work due to non - work -related sickness or injury. In order to help regular employees, maintain their income during these absences, the County will provide compensation according to County policy regarding Sick Leave. • Employees calling out sick must notify their immediate supervisor (by call or text) before the start of their scheduled shift. • If calling out sick and returning to work without a doctor's note the day will be counted as an unexcused sick day. • Pre -approved sick day scheduled twenty-four hours in advance will be counted as an excused sick day • Sick Leave should be requested by the employee through the Kronos system. • Three unexcused sick days in a 90 -day period will result in disciplinary action in accordance with County policy, Attendance and Punctually and County policy, Group Two Offenses. 482 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 9.0 Administration 9.1 1/09/24 SOP SUBJECT Administrative Policies and Procedures Range Staff are responsible for: • Working the assigned shift and complying with established County policies and procedures. • Requesting time off in accordance with established policies and procedures using the electronic approval process (if applicable). • Clocking in to work at either an assigned computer workstation, time clock using a County issued proximity badge, using a mobile application, or other method established by the County. • Reviewing the timesheet to ensure it accurately reflects all hours worked and reporting errors or missed punches to the supervisor or division timekeeper. • Taking the assigned meal period or requesting supervisory approval to "cancel" the meal period for the day if the employee was not permitted to take a lunch break. • Maintaining issued proximity badges and reporting lost or damaged badges to Human Resources for replacement. Repeated loss or damage may result in the employee being responsible for the cost of replacement. Sick and Vacation Policies & Procedures Sick Leave It is the policy of the County to permit employees to be absent from work due to non - work -related sickness or injury. In order to help regular employees, maintain their income during these absences, the County will provide compensation according to County policy regarding Sick Leave. • Employees calling out sick must notify their immediate supervisor (by call or text) before the start of their scheduled shift. • If calling out sick and returning to work without a doctor's note the day will be counted as an unexcused sick day. • Pre -approved sick day scheduled twenty-four hours in advance will be counted as an excused sick day • Sick Leave should be requested by the employee through the Kronos system. • Three unexcused sick days in a 90 -day period will result in disciplinary action in accordance with County policy, Attendance and Punctually and County policy, Group Two Offenses. 482 NN'Ep cG ■ uaO°nce c r FC(iRl�� Vacation ■ It is the policy of the County to provide vacation leave with pay to employees in regularly established positions in accordance with the guidelines established in County Vacation Leave policy. ■ Vacation should be requested by the employee through the Kronos system. ■ Vacation leave should be requested at least twenty-four hours in advance. ■ Days requested will be approved based on operational needs of the Range. Personal Day ■ The Personal Day must be used in accordance with County vacation policies and must be scheduled and used by the employee within each fiscal year. Record Keeping ■ Purchase of materials — purchasing guidelines ■ All purchases must be authorized by the Range Manager and be made in accordance with the County's Purchasing Policy. ■ All packing lists must have a legible signature and the date received. ■ All receipts and purchase forms must be turned in to the Staff Assistant in a timely manner. Emergency Response Incident/Accident Reporting • Range staff must follow the County's Risk Management policy, Incident/Accident Reporting • An incident/accident is any event that results in or has the potential to result in an injury to County personnel or damage to County property. Public liability is an incident/accident for which the County may be responsible due to a condition created by the County or by the action of a County employee. When an incident/accident involving County employees, property, or public liability does occur, the employee is required to report the event to a lead person, their supervisor, or the Department Director or designee immediately after occurrence of the incident. This is to include minor injury and property damage as well as public liability incidents. The importance of reporting each and every incident in a timely manner cannot be over emphasized. Even if an injury seems minor at the time of occurrence, it can develop into something more serious at a later date. Additionally, lost, damaged, vandalized or stolen County property must be 483 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 9.0 Administration 9.1 1/09/24 SOP SUBJECT Administrative Policies and Procedures ■ It is the policy of the County to provide vacation leave with pay to employees in regularly established positions in accordance with the guidelines established in County Vacation Leave policy. ■ Vacation should be requested by the employee through the Kronos system. ■ Vacation leave should be requested at least twenty-four hours in advance. ■ Days requested will be approved based on operational needs of the Range. Personal Day ■ The Personal Day must be used in accordance with County vacation policies and must be scheduled and used by the employee within each fiscal year. Record Keeping ■ Purchase of materials — purchasing guidelines ■ All purchases must be authorized by the Range Manager and be made in accordance with the County's Purchasing Policy. ■ All packing lists must have a legible signature and the date received. ■ All receipts and purchase forms must be turned in to the Staff Assistant in a timely manner. Emergency Response Incident/Accident Reporting • Range staff must follow the County's Risk Management policy, Incident/Accident Reporting • An incident/accident is any event that results in or has the potential to result in an injury to County personnel or damage to County property. Public liability is an incident/accident for which the County may be responsible due to a condition created by the County or by the action of a County employee. When an incident/accident involving County employees, property, or public liability does occur, the employee is required to report the event to a lead person, their supervisor, or the Department Director or designee immediately after occurrence of the incident. This is to include minor injury and property damage as well as public liability incidents. The importance of reporting each and every incident in a timely manner cannot be over emphasized. Even if an injury seems minor at the time of occurrence, it can develop into something more serious at a later date. Additionally, lost, damaged, vandalized or stolen County property must be 483 Safetv reported immediately. All such incidents/accidents must be documented with an Indian River County Workers' Comp First Report of Injury, Property Damage, Auto Accident and/or General Liability form. (located in "Forms" section). Range staff must be familiar with Emergency Action Plan, Section 6 of this manual. Range Staff are expected to: • Follow the County's Risk Management policy regarding Accident Prevention • Not to engage in any activity that would compromise the safety of the other employees or the public • Operate County vehicles and equipment in a safe and responsible manner. • Report perceived unsafe conditions or actions within the Shooting Range to their supervisor. • Complete accident/incident reports and submit them in a timely manner. • Wear protective safety equipment as required. ■ Open toed shoes are not permitted ■ Eye protection ■ Hearing Protection Lightning Safety ■ If you hear thunder, even a distant rumble. Get to a safe place immediately. Thunderstorms always include lightning. Any thunder that you hear is caused by lightning. ■ Remain in a safe building structure or vehicle at least 30 minutes after hearing the last sound of thunder. Protecting Workers from the Heat ■ When the heat index reaches 105° F, or higher, conditions can become dangerous, especially those working outside. When high temperatures combine with high humidity levels, our bodies feel hotter than the actual temperature. This is called the heat index and is due to the increased moisture in the air limiting the body's ability to cool off through sweating. 484 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 9.0 Administration 9.1 1/09/24 SOP SUBJECT Administrative Policies and Procedures reported immediately. All such incidents/accidents must be documented with an Indian River County Workers' Comp First Report of Injury, Property Damage, Auto Accident and/or General Liability form. (located in "Forms" section). Range staff must be familiar with Emergency Action Plan, Section 6 of this manual. Range Staff are expected to: • Follow the County's Risk Management policy regarding Accident Prevention • Not to engage in any activity that would compromise the safety of the other employees or the public • Operate County vehicles and equipment in a safe and responsible manner. • Report perceived unsafe conditions or actions within the Shooting Range to their supervisor. • Complete accident/incident reports and submit them in a timely manner. • Wear protective safety equipment as required. ■ Open toed shoes are not permitted ■ Eye protection ■ Hearing Protection Lightning Safety ■ If you hear thunder, even a distant rumble. Get to a safe place immediately. Thunderstorms always include lightning. Any thunder that you hear is caused by lightning. ■ Remain in a safe building structure or vehicle at least 30 minutes after hearing the last sound of thunder. Protecting Workers from the Heat ■ When the heat index reaches 105° F, or higher, conditions can become dangerous, especially those working outside. When high temperatures combine with high humidity levels, our bodies feel hotter than the actual temperature. This is called the heat index and is due to the increased moisture in the air limiting the body's ability to cool off through sweating. 484 vFkc e •� 7., • i SHOOTING ^� RANGE ORIP To prevent outside workers from suffering heat related illnesses, OSHA recommends employers take the following precautions: • Allow 15 -minute breaks every hour for workers to cool -down and rehydrate. • Provide workers will plenty of water at the job site. • Allow workers to move to a shaded or air-conditioned area when needed. • Recognize and discuss the signs and symptoms of heat related illnesses. • Frequently check-in with team members working in extreme heat. • Call 911 when necessary. Vehicle Maintenance and Operations Procedures • All vehicles are to be operated in accordance with County Vehicle Guidelines policy • To operate a County vehicle an employee must attend Risk Management's defensive driving class within 90 of employment and retake the class every three years. • A pre -trip inspection is required before operating a County vehicle. The inspection should be logged on the vehicle checklist (located in "Forms" section) • County vehicles are to be used for County business only. • All vehicle should have the registration, insurance documents, Risk Management pamphlet, a fire extinguisher and a first aid kit. • In the event of an accident the employee should follow the instructions and outlined on the Risk Management pamphlet located in the glovebox. • The service due sticker is located on the dashboard. It is the responsibility of the vehicle operator to inform their supervisor when vehicles are due for service. The supervisor is to schedule needed services or repairs with Fleet Management. Fleet Management maintains County cars, trucks, and equipment and provides a fuel dispensing station for the County. Fleet Management maintains the County's parts inventory and vehicle history records. Fuel and repair costs are charged to the various County departments. • Vehicle keys should be returned to their proper storage site at the end of the day. 485 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 9.0 Administration 9.1 1/09/24 SOP SUBJECT Administrative Policies and Procedures To prevent outside workers from suffering heat related illnesses, OSHA recommends employers take the following precautions: • Allow 15 -minute breaks every hour for workers to cool -down and rehydrate. • Provide workers will plenty of water at the job site. • Allow workers to move to a shaded or air-conditioned area when needed. • Recognize and discuss the signs and symptoms of heat related illnesses. • Frequently check-in with team members working in extreme heat. • Call 911 when necessary. Vehicle Maintenance and Operations Procedures • All vehicles are to be operated in accordance with County Vehicle Guidelines policy • To operate a County vehicle an employee must attend Risk Management's defensive driving class within 90 of employment and retake the class every three years. • A pre -trip inspection is required before operating a County vehicle. The inspection should be logged on the vehicle checklist (located in "Forms" section) • County vehicles are to be used for County business only. • All vehicle should have the registration, insurance documents, Risk Management pamphlet, a fire extinguisher and a first aid kit. • In the event of an accident the employee should follow the instructions and outlined on the Risk Management pamphlet located in the glovebox. • The service due sticker is located on the dashboard. It is the responsibility of the vehicle operator to inform their supervisor when vehicles are due for service. The supervisor is to schedule needed services or repairs with Fleet Management. Fleet Management maintains County cars, trucks, and equipment and provides a fuel dispensing station for the County. Fleet Management maintains the County's parts inventory and vehicle history records. Fuel and repair costs are charged to the various County departments. • Vehicle keys should be returned to their proper storage site at the end of the day. 485 Behavior of Employees/Disciplinary Procedure Certain rules and regulations regarding employee behavior are necessary for the efficient operation of the County and for the benefit and safety of all employees. Conduct that interferes with operations, discredits the County, or is offensive to fellow employees, business associates or the public will not be tolerated. (APM Behavior of Employees Section) It is the policy of the County that all employees are expected to comply with the County's standards of behavior and performance and that any noncompliance with these standards must be remedied. (APM Disciplinary Procedure and Offenses/Disciplinary Pattern Sections). It is the policy of the County to recognize degrees of severity of unacceptable performance and to provide guidance for management to assist in consistent, effective use of discipline as a teaching tool (APM Offenses/Disciplinary Pattern).). 486 SECTION NUMBER EFFECTIVE SHOOTING DATE RANGE 9.0 Administration 9.1 1/09/24 SOP SUBJECT Administrative Policies and Procedures Behavior of Employees/Disciplinary Procedure Certain rules and regulations regarding employee behavior are necessary for the efficient operation of the County and for the benefit and safety of all employees. Conduct that interferes with operations, discredits the County, or is offensive to fellow employees, business associates or the public will not be tolerated. (APM Behavior of Employees Section) It is the policy of the County that all employees are expected to comply with the County's standards of behavior and performance and that any noncompliance with these standards must be remedied. (APM Disciplinary Procedure and Offenses/Disciplinary Pattern Sections). It is the policy of the County to recognize degrees of severity of unacceptable performance and to provide guidance for management to assist in consistent, effective use of discipline as a teaching tool (APM Offenses/Disciplinary Pattern).). 486 INDIAN RIVER COUNTY SHOOTING RANGE LICENSE AGREEMENT License Preparation Date: License Duration: Organization: Contact Name: Address: Phone: City/State/Zip Code: E -Mail: Name of Event: Expected Attendance: Event Time: Load -Out Load -In Date/Time: Date/Time: WITNESSETH: WHEREAS, Indian River County (the "County") is the owner of certain property known as the Indian River County Public Shooting Range (the "Range"), located in Indian River County, Florida, (the "Shooting Range"); and WHEREAS, the range is comprised of a riffle range, a pistol range, an archery range, an archery course, an air gun range, a classroom building, three (3) skeet / trap fields, a five stand field and a sporting clays course (the "Facilities"). WHEREAS, the County has the authority to issue and/or execute, and (the "Applicant") desires the issuance and/or execution of, a permit/agreement for the utilization of the Range, 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 Range 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 Range 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: Indian River County Public Shooting Range License Agreement Page 1 of 11 Initials 487 A. PARK, PREMISES & EVENT SCHEDULE: This Indian River County Public Shooting Range License Agreement ("License Agreement") applies to all events that impact more than one Facility within the Range and precludes the general public's access to those Facilities for the exclusive use of the event. The areas, personnel and Facilities of the Shooting Range which Applicant may apply for a permit, license, or use hereunder are more particularly described as 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. Indian River County Public Shooting Range License Agreement Page 2 of 11 Initials 488 III. Personnel ❑ Event Staff 2. Applicant may use and have access to the Facilitieses for a period, commencing at on the day of , and ending at on the day of , ("License Duration"), which License Duration shall include Event set-up, removal and clean-up. Where the Applicant requires usage after the stipulated time, Applicant is required to pay additional charges including, but not limited to standard hourly/daily rates and any overage fees as set forth in the Shooting Range Fee Schedule attached as Exhibit B ("Fee Schedule"). B. AUTHORIZED USE, TERMS & CONDITIONS: 1. The Premises are to be used by Applicant for the (the "Event"). (a) The Event may include the following activities: (b) The hours of the Event shall be: (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 90 days prior to the beginning of the License Duration. Such change may result in a modification of the insurance requirements set forth in B. 17. 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 will be $####, 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 minimum of Twenty Five Percent (25%) of the entire rental fee, $#### ("Event Deposit"), is due upon execution of this License Agreement. The balance of the rental fee set forth above and any remaining payments, including any expenses, charges or other fees described in this License Agreement shall be due forty-five (30) days prior to the Event. 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) A Damage Deposit of $500.00 is due upon execution of this License Agreement. The Damage 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 Shooting Range 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. The County's use of the Damage 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 Damage Deposit, to the extent unused, shall be returned to Applicant within thirty (30) business days following the Event. Indian River County Public Shooting Range License Agreement Page 3 of 11 Initials 489 When applicable, the Applicant shall provide to the County information as to the total ticket sales at 30, 15, 7 and 3 days prior to the Event. The County reserves the right to cap ticket sales depending on the capacity of the Range or 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. Applicant shall also be financially responsible for all charges for all materials, personnel, services and equipment that are provided by non -county agencies associated with this Event (i.e., stagehands, sound/light companies, ushers). 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 Range use permit , which collectively 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 when deemed necessary by the County for the safe execution of the event. 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. 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. Where applicable, 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 hours of event production and sound checks utilizing amplified sound in the Shooting Range are restricted to: i. Sunday thru Thursdays from 10:00am-6:00pm with a minimum of one thirty (30) minute intermission. ii. Fridays and Saturdays from 10am-10:59pm with a minimum of one thirty (30) minute intermission. (b) The starting hours listed above may be adjusted to begin earlier upon approval of the County. (c) The location and arrangement of the stages and sounds systems shall be in accordance with the Stage Configuration Map as detailed by Applicant and approved by the County. The preliminary Stage Configuration Map and a Site Plan shall be provided to the County thirty (30) days prior to the Event and a final Stage Configuration Map and Site Plan no less than fifteen (15) days prior to the Event. (d) Sound attenuation blankets or sound walls may be required to be erected at the rear of any temporary stages. Such temporary stage installations shall be installed in such a manner so as to minimize the noise impact on surrounding residential properties. (e) Applicant shall obtain stage inspection, documentation and certification in accordance with industry standard. Applicant shall provide copies of documentation reflecting certification Indian River County Public Shooting Range License Agreement Page 4 of 11 Initials 490 within 24 hours of Event. Applicant shall also allow the County to inspect the stage construction. Such inspection shall occur no later than 24 hours prior to the Event. Any cost associated by the County's inspection shall be at the sole cost of the County. The County shall make inspector(s) available at a mutually agreeable time. Failure to timely inspect the Stage by the County shall not preclude Applicant from proceeding with the Event. 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. 11. In the event that the Facilities or any other portion of the Range are not vacated and cleaned by Applicant at the end of the License Duration, the County is hereby authorized to remove from the Facilities or any other portion of the Range, 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 Facilities 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 Facilities, 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 Facilities, 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 Facilities 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 Indian River County Public Shooting Range License Agreement Page 5 of 11 Initials 491 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 Facilities by persons attending any Event given or held on the Range, 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. (e) 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 Range is 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 Facilities reserve the right to enter upon and to have free access to the Facilities 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 Event 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. Indian River County Public Shooting Range License Agreement Page 6 of 11 Initials 492 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 1 Limits I Commercial General Liability — No more restrictive than 1$ 1,000,000 Each Occurrence Combined ISO Form CG0001 (including property damage, Single Limit 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 Florida Statutory Coverage 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 f et seq.) where activities include liability exposures for events or occurrences covered by Federal statutes. I Liability Indian River County Public Shooting Range License Agreement Initials $100,000 Each Accident $500,000 Disease Policy Limit $100,000 Each Employee/Disease Page 7 of 11 493 In the event that any services or activities of a professional nature are provided, and Risk Management determines the coverage is necessary, pursuant to (k) below: Professional Liability (Errors and Omissions) $1,000,000 Each Occurrence/Claim In the event that children will be supervised in connection with the Event and Risk Management determines the coverage is necessary, pursuant to (k) below: Sexual Molestation Liability 1$1,000,000 Each Occurrence/Claim (b) 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. (c) 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. (d) 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 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. (e) 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. (f) Applicant is required to immediately notify the County of any incident, accident, occurrences and/or claims made in connection with the Event. 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 Indian River County Public Shooting Range License Agreement Page 8 of 11 Initials 494 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 Facilities 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 180 days from the first date of License Duration will receive a refund equal to 85% of the Event Deposit collected under Section BA(a). (b) Cancellation between 90-180 days of the first date of License Duration will receive a refund equal to 50% of the Event Deposit collected under Section BA(a). (c) Cancellation less than 90 days of the first date of License Duration will forfeit the Event Deposit collected under Section BA(a). 18. In the event that the Facilities 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 Facilities for the Event, 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 Range is 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 Ranges' Rules and Regulations which are attached hereto as Exhibit C and incorporated by reference. 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. Indian River County Public Shooting Range License Agreement Page 9 of 11 Initials 495 21. County and Applicant retain all television, film, recording and licensing rights as to any Event that takes place in or on the Facilities, 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. At least 30 days prior to the 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 Shooting Range property 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). This paragraph does not apply to organizations hosting animal events (dog shows/horse shows). 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 paragraph 22). The Promoter/Organization/Renter is wholly responsible for any incidents/waste removal that occur during the event that involve non -service animals that were allowed on the property during their event. Indian River County Public Shooting Range License Agreement Page 10 of 11 Initials 496 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 Public Shooting Range Parks, Recreation and Conservation Department 1590 9t` Street SW Vero Beach, FL 32962 Applicant: Name: Address: Email: 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: By SIGNATURE Print Name Title INDIAN RIVER COUNTY: By SIGNATURE Print Name Title Indian River County Public Shooting Range License Agreement Page 11 of 11 Initials 497 L z IRC PUBLIC SHOOTING RANGE * 10455 102' Terrace, Sebastian FL 32958 ORI (772) (772) 226-3091 FACILITY RESERVATION AGREEMENT Name of Group: Contract Person(s): Email: Mailing Address: Phone Number: Date(s) of Event Time: Reservation: Load In Load Out Date/Time: Date/'1'ime: Rental Area(s): Estimated # of Brief Description of Event: Participants: Staff Use Only VER saoo MANGO - �OR19'. FACILITY / PROPERTY RESERVATION FEE: Reservation of-. RANGE/OTHER FEE: Reservation of - SET UPTAKE DOWN 6.5% SALES TAX: - Rental Agreement Sub -Total: *RESERVATION DEPOSIT (25%): *Required to Reserve Room/Area and due upon Agreement signing. *DAMAGE DEPOSIT: *Fully refundable with no additional charges and no damage. TOTAL DUE: Month, Day, Year Reservation Agreement GRAND TOTAL: Applicant Initials Public Shooting Range Reservation Agreement Page '449 AVER�0 NvERr 0 `G a� say I a ►� * RESERVATION AGREEMENT s �GOR►94' �r ORA IRC PUBLIC SHOOTING RANGE DAMAGE DEPOSIT To ensure that your Damage Deposit is returned, the following requirements must be met; ❖ Removal of ALL personal property from the facility at the end of the event. ❖ Place trash/debris in trash bins provided by staff. ❖ No damages to room, furnishings or equipment. Please note that failure to comply with the policies will result in the loss of the Damage Deposit. Occupying the facilities in excess of the times stated on the reservation agreement will result in a charge of the hourly rate for the additional time or the loss or your deposit, whichever is greater. *The Damage Deposit is refunded and mailed to the Applicant within thirty (30) business days following the Event. Refunds paid by check will be issued to the account holder. * RESERVATION AGREEMENT TERMS 1. No room/area shall be considered "reserved" until a signed Agreement and 25% deposit are received. 2. Reservations are finalized upon receipt of the event permit which allows the activities outlined in the Reservation Agreement. 3. A Damage Deposit will be required for some reservations. Final payment, along with the damage deposit (if required) is due at signing. Reservations made less than thirty (30) days will require full payment of all fees. 4. No Agreement shall be valid unless it is signed by the designated Indian River County Parks, Recreation and Conservation Department approved staff member. 5. Agreements for groups composed of minors will be issued only to an adult. All events with minors require adult supervision throughout the reservation period. 6. No tickets, for any event, shall be sold at the door and no admission charges shall be made except as authorized by the Agreement. The Applicant shall provide to the County information as to the total attendance at 30, 15, 7 and 3 days prior to the Event. The County reserves the right to cap attendance depending on the capacity of the Premises and the Shooting Range or because of law enforcement, sanitation, traffic control or due to other public safety issues. 7. Applicant shall maintain the reserved area in a safe, clean and attractive condition. At the end of the event, the area shall be in a substantially same condition as it was at the beginning of the event. 8. Applicant shall not exceed the posted occupancy of the reserved area. 9. Cooking indoors is strictly prohibited. 10. Applicant shall not make any alterations or improvements to the reserved area or any portion of the Shooting Range. This includes moving or removing, chairs, tables and any other equipment to any other area of the Shooting Range without approval from County staff. 11. Applicant shall remove any decorations and/or equipment at the end of the event. 12. Applicant agrees to accept premises in an "as is" condition. 13. Applicant acknowledges responsibility for the conduct of participants and guests attending the group's activity. Applicant Initials Public Shooting Range Reservation Agreement Page 2440 �vER c0 ��V ER ,0 sroorE t RAxse : RESERVATION AGREEMENT s s �0R104' � ORNA 14. Applicant conducts all events at their own risk. 15. Agreements are non-transferrable. 16. A 15 -day notice must be given to reschedule or cancel, in order to receive a refund on the reservation deposit. If cancellation notice is not provided prior to the 15 -day period, the reservation deposit will be forfeited. 17. Rescheduling will only be allowed once and must be rescheduled a minimum of 15 days in advance. More than one rescheduled reservation requires cancellation of the exiting Agreement. The Applicant will only be reimbursed if the cancellation occurs before the time frame listed above. 18. Indian River County accepts cash, check, VISA, MasterCard and Discover as forms of payment. 19. The serving and consumption of alcoholic beverages is strictly prohibited under this Reservation Agreement/Contract and grounds for dismissal of the event including the loss of the Damage Deposit. 20. All Range Rules and County Code 205 apply to this reservation agreement unless otherwise specified in the Reservation Agreement. 21. Undisclosed or unpermitted activities or hours shall void this Agreement. 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 90 days prior to the beginning of the License Duration. 22. The Damage Deposit will be refunded upon staff's review of the condition of the reserved area. The Damage Deposit refund will be issued to the Applicant in the form of a check. The check will be issued and mailed to the person who issued the check. The check will be mailed within thirty (30) business days. 23. 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 Reservation 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. 24. Applicant 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. 25. 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. 26. Any notice, request, instruction, demand, consent or other communication required or permitted to be given under this Reservation Agreement shall be in writing and shall be given in writing and delivered by email to: jseldes _,indianriver.gov 27. Applicant acknowledges receipt of and agrees to comply with the Shooting Ranges' Rules and Regulations which are attached hereto as Exhibit B and incorporated by reference. 28. Animals are permitted onto the Shooting Range property during an event with prior approval of Range Manager, unless they are considered a Service Animal (no prior approval needed). 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 Applicant Initials Public Shooting Range Reservation Agreement Page �§66 G s norms RANGE * * RESERVATION AGREEMENT s s ORIDA _C0 RIOQ' 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). This paragraph does not apply to organizations hosting animal events. 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 paragraph 22). The Promoter/Organization/Renter is wholly responsible for any incidents and waste removal that occur during the event that involve non -service animals that were allowed on the property during their event. 29. 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. 30. At least 15 days prior to the use of the Shooting Range, 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, General Liability insurance with a limit of $1,000,000 per occurrence and $1,000,000 aggregate. The County Risk Manager reserves the right to amend coverage limits based on reservation activities. 31. Applicant is responsible to submit proof of tax-exempt status, and 501(C)3 (Not for Profit) status, if claiming, with this application. 32. All guests must be registered and/or have a signed safety waiver on file at the time of the reservation. Applicant Initials Public Shooting Range Reservation Agreement Page �W NA1V/:B s * RESERVATION AGREEMENT% TO INDIAN RIVER COUNTY: In consideration of the opportunity afforded to me and/or my group, I, the undersigned participant, freely agree to and make the following contractual representations and agreements. I, the undersigned participant, do hereby knowingly, freely, and voluntarily assume all risk and liability for any damage or injury that may occur as a result of my and/or my group's use of the Indian River County Shooting Range identified herein during the time period I and/or my group are using same and further agree to release, waive, discharge, and covenant not to sue Indian River County, its officers, agents, employees, and volunteers (all for the purposes herein referred to as "Releases") from any and all liability or claims that may be sustained by me or a third party directly or indirectly in connection with, or arising out of, the use of the Indian River County Shooting Range as described herein, whether caused in whole or in part by the negligence of Indian River County or the Releases. I further agree to indemnify and hold harmless the Releases with respect to any and all fees, costs, expenses, and attorney's fees arising out of or in connection with my and/or my group's use of the Indian River County Shooting Range as described herein. I agree that I have read this form, fully understand its terms, and understand that I, or anyone who may claim to have rights on my behalf, have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of any and all liability to the greatest extent allowed by law and agree that, if any portion of this contract is held to be invalid, the balance notwithstanding shall continue in full legal force and effect. This acceptance is on behalf of all persons in the group with me. If the rules are violated this permit may be revoked and future permission may be refused. Permit holder is responsible for the conduct of all persons in the group. I agree that I am 21 years of age and will be present during the period stated on this permit. IN WITNESS WHEREOF, the parties, by and through their authorized representatives' signatures below, do hereby execute this Reservation Agreement. Applicant Printed Name: Applicant Signature: Date: Jerrold Seldes, Range Manager Applicant Initials Public Shooting Range Reservation Agreement Date Page �§61i 2/16/2024 Standard Operating Procedure Guide -- -; ... a G 2/16/2024 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney Of GB Of Attorney's Matters 01/09/2024 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: December 26, 2023 SUBJECT: Opioid Class Action Lawsuit Settlement Fund Allocation At its meeting on December 12, 2023, the Indian River County Board of County Commissioners (Board) considered recommendations made by the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse ("Council") for allocations from opioid class action law suit settlement funds to local entities for opioid related abatement and treatment. After discussing the Council's recommendations, the Board decided to table the matter until its meeting on January 9, 2024 and invite the five local entities who were recommended for funding allocations to the meeting to make a brief presentation to the Board, answer any questions and provide backup material to the Board concerning their plans for spending the funds. The five entities are: Indian River County Sheriff, Substance Awareness Center, IRC Mental Health Collaborative, 19th Judicial Circuit Drug Court and Treasure Coast Homeless Council. The attached letter was sent to all of the five entities. The staff report from the December 12, 2023 Board meeting is also attached to this memorandum. FUNDING. Upon the Board of County Commissioners approving a spending plan, a budget amendment will be submitted allocating the funds. RECOMMENDATION. The County Attorney's Office recommends that the Indian River County Board of County Commissioners discuss the recommended allotments made by the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse and adopt the authorizing Resolution and authorize the Chairman to execute the Resolution on behalf of the Board. Attachments: Resolution Approving Allocations Staff Report from Board Meeting of 12/12/2023 Letter to Applicants Copies sent by email to: Jill S. Amos jamos@sacirc.org Miranda Swanson miranda.swanson@flhealth.gov Angela Rosado Jones ajones@iresheriff.org Rayme Nuckles rayme@tchelpspot.org Wes Samons wsamons@mhcollaborative.net Hon. Charles A. Schwab schwabc@circuit19.org Amanda Busbin amanda.busbin@sefbhn.org Carrie Maynard -Lester cmaynard@sacirc.org 503 RESOLUTION 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS O F INDIAN RIVER COUNTY, FLORIDA APPROVING THE ALLOCATION OF OPIOID CLASS ACTION LAWSUIT SETTLEMENT FUNDS WHEREAS, on June 15, 2021, the Indian River County Board of County Commissioners (Board) approved a Memorandum of Understanding ("MOU") with the State of Florida Attorney General's Office that serves as the allocation agreement between the State of Florida and the local governments on the settlement of various opioid class action cases; and WHEREAS, the County will receive approximately $1.2 million for FY 2023-24 in settlement proceeds from the larger Defendants in the lawsuit that will be paid out over 17 years; and WHEREAS, under the terms of the settlement, these funds are to be used only for opioid related abatement of opioid use disorder (OUD) and mental health issues related to OUD as listed in Schedules A and B in the MOU; and WHEREAS, the Board created the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse ("Council") to make recommendation as to the allocation of the settlement funds from the larger defendants. The Council met several times this year and at their November 17, 2023 meeting heard presentations from groups requesting funds; and WHEREAS, at its meeting of December 12, 2023, and again on January 9, 2024, the Board reviewed the recommendation of the Council and heard input on the matter from the applicants and the public. NOW, THEREFORE BE IT RESOLVED by the Indian River County Board of County Commissioners that: 1. The Indian River County Board of County Commissioners allocates funding from opioid class action settlement proceeds as follows: Organization Award Purpose Amount Indian River County Sheriff $350,000 for improvements to the treatment win Substance Awareness Center $200,000 consisting of $150,000 for jail treatment program and $50,000 for a needs assessment stud IRC Mental Health $40,000 for education, training and public Collaborative awareness 191h Judicial Circuit Drug Court $305,000 for in and out patient treatment Treasure Coast Homeless $282,000 for housing out-patient and jail release Council housing Total $1,177,000 2. The Clerk is directed to send a copy of this Resolution to the Southeast Florida Behavioral Health Network. 504 RESOLUTION 2024 - 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 The Chairman thereupon declared the Resolution duly passed and adopted this 91' day of January, 2024. Attest: Ryan L. Butler, Clerk of Court and Comptroller A Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS L - Susan Adams, Chairman 505 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney Ofce of INDIAN MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: November 30, 2023 SUBJECT: Approval of Opioid Settlement Proceeds Attorney's Matters 12/12/2023 RIVER COUNTY ATTORNEY On June 15, 2021, the Indian River County Board of County Commissioners approved a proposed Memorandum of Understanding ("MOU") with the State of Florida Attorney General's Office that serves as the allocation agreement between the State of Florida and the local governments on the settlement of various opioid cases. As part of the MOU, money would go into a City/County Fund, a Regional Fund and a State Fund. In December 2022, Indian River County received $139,604.16 from the State of Florida for its portion of the City/County Fund. The County should expect to receive year 2 funds in the amount of roughly $140,000 later this month. These funds have been earmarked for treatment of Indian River County residents who have entered into the Drug Court program operated by the 19th Judicial Circuit Court. These settlements have come from some of the smaller opioid manufacturers and retailers in the class action suit. The larger manufacturers and retailers (Purdue and Walgreens, for example) have recently settled their portions of the class action suit and submitted the first payment of funds to be distributed via the MOU with the Attorney General. The funds from the larger Defendants will be paid out over 17 years and are to be used only for opioid use disorder (OUD) treatment and mental health issues related to OUD. The County will receive approximately $1.2 million for FY 2023-24. Because the County is small in population, under 300,000 residents, the terms of the settlement call for a third party, approved by the Florida Department of Children and Family Services, to receive the funds from the settlement and distribute those funds as directed by the government entity. For our County, the Southeast Florida Behavioral Health Network (Southeast) was selected to be the recipient of funds from the larger settlement. Southeast has their office in Okeechobee. They will distribute the funds as approved by the Board of County Commissioners and submit the required reports of how the funds were spent. The Board created the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse ("Council") to make recommendation as to the distribution of the large settlement funds. The Council met several times this year and at their November 17, 2023 meeting heard presentations from groups requesting funds. Those groups and a brief overview of their requests are as follows: UIL Public Safety Council November 30, 2023 Page 2 Indian River County Sheriff's Office The Sheriff seeks to convert a wing at the jail that is currently vacant to house people with opioid use disorder (OUD) that have been arrested on drug crimes or drug related offenses. Those jail inmates who suffer from OUD are in need of more intense medical treatment due to withdrawal and detox symptoms that cannot be provided in the regular medical section of the jail. The request was for $350,000 for construction plans. Substance Awareness Center (SAC) The SAC conducts a multi -faceted approach to those with OUD, including a treatment program at the County Jail, training and outreach programs. Included in their request was a van for mobile outreach to homeless camps and high use areas. In the future, the van could dispense Medication Assisted Treatment or MAT. The request was for $1.1 million. Indian River County Mental Health Collaborative The Collaborative offers education, training and awareness for OUD patients who have a mental health related condition. In the presentation to the Council, they offered to do a needs assessment study for the County. Their request was for $40,000. 19th Judicial Circuit Court Drug Court Chief Judge Schwab attended on behalf of the drug court program. Qualifying candidates in the program can be sent for inpatient treatment, often up to 90 days with intensive follow up care, usually at out-patient facilities. There are current candidates that want to enter an inpatient program, but funds are unavailable. He asked for $205,000 in funding for treatment for the waiting candidates. Indian River County/Florida Department of Health Miranda Swanson from FDOH proposed a planning and monitoring program that would study the results of the various groups receiving opioid funds, the success/failure of the programs and to set goals and priorities for training and recruitment of needed employees. FDOH's request was for $224,500. Treasure Coast Homeless Services Council Treasure Coast offered to provide housing for opioid use disorder patients after they have completed inpatient rehab or have been released from incarceration after participating in jail treatment programs. Treasure Coast claimed they could provide up to 10 units housing two people each for a year in a very short time span. They requested $455,040 as a base but $758,400 if more housing were to come available. Attached to this memorandum are two exhibits from the MOU entered into with the Attorney General. Schedule A describes the Core Strategies to abate opioid addiction. Schedule B is the extensive list of Approved Uses for the funds disbursed from the lawsuit settlement. After hearing the presentation made by the six groups, the Council made the following recommendations for fund distribution: Organization Award Purpose Amount Indian River County Sheriff $350,000 for improvements to the treatment win Substance Awareness Center $200,000 consisting of $150,000 for jail treatment program and $50,000 for a needs assessment stud IRC Mental Health Collaborative $40,000 for education, training and public awareness 19th Judicial Circuit Drug Court $305,000 for in and out patient treatment Treasure Coast Homeless Council $282,000 for housing out-patient and jail release housing Total $1,177,000 507 Public Safety Council November 30, 2023 Page 3 It should be made clear to the Board and all applicants for the settlement funds that these funds shall be used solely for opioid related abatement and for no other purposes. Schedules A and B attached provide great detail and guidance for proper fund expenditures. FUNDING: Upon the Board of County Commissioners approving a spending plan, a budget amendment will be submitted allocating the funds. RECOMMENDATION: The County Attorney's Office recommends that the Indian River County Board of County Commissioners discuss the recommended allotments made by the Public Safety Council for Criminal Justice, Mental Health and Substance Abuse and adopt the authorizing Resolution and authorize the Chairman to execute the Resolution on behalf of the Board. ATTACHMENTS: Resolution and Schedules A and B from the Memorandum of Understanding with the Attorney General Copies to: Indian River County Sheriff Captain Angela Rosado-Jones 4055 41 st Avenue Vero Beach, FL 32960 Substance Awareness Center Carrie Maynard -Lester 1507 20th St, 1507 20th Street Vero Beach, FL 32960 IRC Mental Health Collaborative Wes Samons 2345 14th Avenue, Suite 5 Vero Beach, Florida 32960 19th Judicial Circuit Drug Court Chief Judge Charles A. Schwab 218 South Second Street Fort Pierce, FL 34950 Treasure Coast Homeless Council Rayme Knuckles 2525 St. Lucie Avenue Vero Beach, FL 32960 Southeast Florida Behavioral Health Network Amanda Busbin 1070 East Indiantown Road, Suite 408 Jupiter, FL 33477 508 Schedule A Core Strategies States and Qualifying Block Grantees shall choose from among the abatement strategies listed in Schedule B. However, priority shall be given to the following core abatement strategies ("Core Strategies")[, such that a minimum of_% of the [aggregate] state -level abatement distributions shall be spent on [one or more ofJ them annually]) A. Naloxone or other FDA -approved drug to reverse opioid overdoses 1. Expand training for first responders, schools, community support groups and families; and 2. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. B. Medication -Assisted Treatment ("MAT") Distribution and other opioid -related treatment 1. Increase distribution of MAT to non -Medicaid eligible or uninsured individuals; 2. Provide education to school-based and youth -focused programs that discourage or prevent misuse; 3. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and 4. Treatment and Recovery Support Services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication with other support services. C. Pregnant & Postpartum Women 1. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non - Medicaid eligible or uninsured pregnant women; 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for women with co-occurring Opioid Use Disorder ("OUD'� and other Substance Use Disorder ("SUD")/Mental Health disorders for uninsured individuals for up to 12 months postpartum; and 3. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. D. Expanding Treatment for Neonatal Abstinence Syndrome 1. Expand comprehensive evidence -based and recovery support for NAS babies; 2. Expand services for better continuum of care with infant -need dyad; and 3. Expand long-term treatment and services for medical monitoring of NAS babies and their -families. I As used in this Schedule A, words like "expand," "fund," `provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Term Sheet, 1 509 E. Expansion of Warm Hand-off Programs and Recovery Services 1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; 2. Expand warm hand-off services to transition to recovery services; 3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. ; 4. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and 5. hire additional social workers or other behavioral health workers to facilitate expansions above. F. Treatment for Incarcerated Population 1. Provide evidence -based treatment and recovery support including MAT for persons with OLID and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and 2. Increase funding for jails to provide treatment to inmates with OUD. G. Prevention Programs 1. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco); 2. Funding for evidence -based prevention programs in schools.; 3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with the 2016 CDC guidelines, including providers at hospitals (academic detailing); 4. Funding for community drug disposal programs; and 5. Funding and training for first responders to participate in pre-arrestdiversion programs, post - overdose response teams, or similar strategies that connect at -risk individuals to behavioral health services and supports. H. Expanding Syringe Service Programs 1. Provide comprehensive syringe services programs with more wrap-around services including linkage to OUD treatment, access to sterile syringes, and linkage to care and treatment of infectious diseases. I. Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. 2 510 Schedule B Approved Uses PART ONE: TREATMENT A. TREAT OPIOID USE DISORDER (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUDIMH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following:2 1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication -Assisted Treatment (MAT) approved by the U.S. Food and Drug Administration 2. Support and reimburse evidence -based services that adhere to the American Society of Addiction Medicine (ASAM) continuum of care for OUD and any co-occurring SUD/MH conditions 3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services. 4. Improve oversight of Opioid Treatment Programs (DTPs) to assure evidence -based or evidence - informed practices such as adequate methadone dosing and low threshold approaches to treatment. 5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and serviceproviders; such as .peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose. b. Treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma. 7. Support evidence -based withdrawal management services for people with OUD and any co- occurring mental health conditions. 8. Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas. 9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. 10. Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. 11. Scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD or mental health conditions, including but not limited to training, z As used in this Schedule B, words like "expand." "fund," "provide" or the like shall not indicate a preference for new or existing programs. Priorities will be established through the mechanisms described in the Terni Sheet. 3 511 scholarships, fellowships, loan repayment programs; or other incentives for providers to work in rural or underserved areas. 12. [Intentionally Blank — to be cleaned up later for numbering] 13. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (DATA 2000) to prescribe MAT for OTD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. 14. Dissemination of web -based training curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service -Opioids web -based training curriculum and motivational interviewing. 15. Development and dissemination of new curricula, such as the American Academy of Addidtim Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidenee-based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Provide comprehensive wrap-around services to individuals with OUD and any co-occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare. 2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services. 3. Provide counseling, peer -support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions. 4. Provide access to housing for people with OUD and•any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA -approved medication with other support services. 5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. 6. Support or expand peer -recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co-occurring SUD/NJI-I conditions. 7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions. 8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. 4 512 9. ldentify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery. 0. Engage non -profits, faith -based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family. 11. Training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma. 12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. 13. Create or support culturally appropriate services and programs for persons with OUD and any co- occurring SUD/MH conditions, including new Americans. 14. Create and/or support recovery high schools. 15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above. C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED (CONNECTIONS TO CARE) Provide connections to care for people who have — or at risk of developing — OUD and any co- occurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment. 2- Fund Screening, Brief Intervention and Referral to Treatment (SBIRT) programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid. 3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition.from misuse to opioid disorder is common. 4. Purchase automated versions of SBIRT and support ongoing costs of the technology. 5_ Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments. `b. Training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. 7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinjcally-appropriate follow-up care through a bridge clinic or similar approach. 5 513 8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MN conditions or persons that have experienced an opioid overdose. 9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid - related adverse event. 10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co-occurring SUD/iv1H conditions or to persons who have experienced an opioid overdose. 11. Expand warm hand-off services to transition to recovery services. 12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. 13. Develop and support best practices on addressing OUD in the workplace. 14. Support assistance programs for health care providers with OUD. 15. Engage non -profits and the faith community as a system to support outreach for treatment. 16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/NM conditions. D. ADDRESS THE NEEDS OF CRIMINAL -JUSTICE -INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/NM conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OLD and any co-occurring SUD/M l conditions, including established strategies such as: a. Self -referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (PAARI); b. Active outreach strategies such as the Drug Abuse Response Team (DART) model; c. "Naloxone Plus" strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services; d. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (UMD) model; e. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or 6 514 f. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise 2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MN conditions to evidence -informed treatment, including MAT, and related services. 3. Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SIjD/MH conditions 4. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are incarcerated in jail or prison. 5. Provide evidence -informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co-occurring SUD/MH conditions who are leaving jail or prison have recently left jail or prison, are on probation or parole, are under community corrections supervision, or -are in re-entry programs or facilities. 6_ Support critical time interventions (CTI), particularly for individuals living with dual -diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings. 7. Provide training on best practices for addressing the needs of criminal -justice -involved persons with OUD and any co-occurring SVD/M14 conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section. E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE SYNDROME Address the needs ofpregnant or parenting women with OLD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: ' 1. Support evidence -based or evidence -informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women — or women who could become pregnant — who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome. 2. Expand comprehensive evidence -based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum. 3. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/M 4 conditions. 4. Expand comprehensive evidence -based treatment and recovery support for NAS babies; expand services for better continuum of care with infant -need dyad; expand long-term treatment and services for medical monitoring of NAS babies and their families. 7 515 5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan of safe care. 6. Child and family supports for parenting women vn'&OM and any co-occurring SUD/MH conditions. 7. Enhanced family supports and child care services for parents with OUD and any co-occurring SUD/MH conditions. 8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma -informed behavioral health treatment for adverse childhood events. 9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including but not limited to parent skills training. 10. Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use. PART TWO: PREVENTION F. PREVENT OVER -PRESCRIBING AND ENSURE APPROPRIATE PRESCRIBING AND DISPENSING OF OPIOIDS Support efforts to prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Fund medical provider education and outreach regarding best prescribing practices for opioids consistent with Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing). 2. Training for health care providers regarding safe and responsible opioid prescribing, dosing; and tapering patients off opioids. 3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 4. Support for non -opioid pain treatment alternatives, including training providers to offer or refer to multi -modal, evidence -informed treatment of pain. 5. Support enhancements or improvements to Prescription Drug Monitoring Programs (PDMPs), including but not limited to improvements that: a. Increase the number of prescribers using PDMPs; b. Improve point -of -care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or - 516 c. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules. 6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation's Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules. 7. Increase electronic prescribing to prevent diversion or forgery. 8. Educate Dispensers on appropriate opioid dispensing. G. PREVENT IVUSUSE OF OPIOIDS Support efforts to discourage or prevent misuse of opioids through evidence -based or evidence - informed programs or strategies that may include, but are not limited to, the following: 1. Fund media campaigns to prevent opioid misuse. 2. Corrective advertising or affirmative public education campaigns based on evidence. 3. Public education relating to drug disposal. 4. Drug take -back disposal or destruction programs. 5. Fund community anti-drug coalitions that engage in drug prevention efforts. 6. Support community coalitions in implementing evidence -informed prevention, such as reduced social access and physical access, stigma reduction — including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence -informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). 7. Engage non -profits and faith -based communities as systems to support prevention. 8. Fund evidence -based prevention programs in schools or evidence -informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent -teacher and student associations, and others. 9. School-based or youth -focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. 10. Create of support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions. 11. Support evidence -informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills. 12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address 9 517 menta! health needs in young people that (whin not prop addressed) increase the risk ofoid or. other drug misuse. H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid -related harms through evidence - based or evidence -informed programs or strategies that may include, but are not limited to, the following: 1. Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, individuals at high risk of overdose, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public. 2. Public health entities provide free naloxone to anyone in the comtnunity 3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public. 4. Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. 5. Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. 6. Public education relating to emergency responses to overdoses. 7. Public education relating to immunity and Good Samaritan laws. 8. Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. 9. Syringe service programs and other evidence -informed programs to reduce harms` associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs. 10. Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. 11. Support mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions. 12. Provide training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD)NUI conditions. 13. Support screening for fentanyl in routine clinical toxicology testing. 10 518 PART THREE: OTHER STRATEGIES I. FIRST RESPONDERS In addition to items in sections C, D, and H relating to first responders, support the following: 1. Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. 2. Provision of wellness and support services for first responders and others who experience secondary trauma associated -with opioid -related emergency events. J..LEADERSHIP, PLANNING AND COORDINATION Support efforts to provide leadership, planning, coordination, facilitation, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Statewide, regional, local, or community regional planning to identify'root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services; to support training and technical assistance; or to support other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 2. A dashboard to share reports, recommendations, or plans to spend. opioid settlement funds; to show how opioid settlement funds have been spent; to report program or strategy outcomes; or to track, share, or visualize key opioid -related or health-related indicators and supports as identified through collaborative statewide, regional, local, or community processes. 3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross -system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUDIMH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list. 4. Provide resources to staff government oversight and management of opioid abatement programs. K. TRAINING In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following: 1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis. 2. Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-occurring SUDJMH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.). L. RESEARCH 11 519 Support opioid abatement research that may include,%but is not limited to, the following: 1. Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. 2. Research non -opioid treatment of chronic pain. 3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. 4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. 5. Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. b. Expanded research on swift/certaintfair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g. "Hawaii HOPE and Dakota 24/7). 7. Epidemiological surveillance of OUD-related behaviors in critical populations including individuals entering the criminal justice system, including but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (ADAM) system. S. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids. 9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. 12 520 BOARD OF COUNTY COMMISSIONERS OFFICE OF CO UNTY A TTORNE Y William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney December 15, 2023 Indian River County Sheriff Captain Angela Rosado-Jones 4055 41 st Avenue Vero Beach, FL 32960 Substance Awareness Center Carrie Maynard -Lester 1507 20th St, 1507 20th Street Vero Beach, FL 32960 IRC Mental Health Collaborative Wes Samons 2345 14th Avenue, Suite 5 Vero Beach, Florida 32960 V ER O� 19th Judicial Circuit Drug Court Chief Judge Charles A. Schwab 218 South Second Street Fort Pierce, FL 34950 Treasure Coast Homeless Council Rayme Knuckles 2525 St. Lucie Avenue Vero Beach, FL 32960 Southeast Florida Behavioral Health Network Amanda Busbin 1070 East Indiantown Road, Suite 408 Jupiter, FL 33477 RE: Indian River County Opioid Class Action Settlement Allocations Dear Applicants: Each of you made a presentation to the Indian River County Public Safety Council for Criminal Justice, Mental Health and Substance Abuse (Council) on November 17, 2023. At that time, the Council recommended the following allocations of opioid class action settlement funds: Organization Award Purpose Amount Indian River County Sheriff $350,000 for improvements to the treatment wing Substance Awareness Center $200,000 consisting of $150,000 for jail treatment program and $50,000 for a needs assessment study IRC Mental Health Collaborative $40,000 for education, training and public awareness 19th Judicial Circuit Drug Court $305,000 for in and out patient treatment Treasure Coast Homeless $282,000 for housing out-patient and jail Council release housing Total $1,177,000. 18012711 Street, Vero Beach, Florida 32960-3365- (772) 226-1414- Fax (772).226-2853 www.IndianRiver.gov 521 Opioid Allocations December 19, 2023 Page 12 The Council's recommendation is contingent on final approval by the Indian River County Board of County Commissioners (Board). On December 12, 2023, the Board took up the matter of the Council's recommended allocations. After a lengthy discussion on the matter, the Board decided to invite the five applicants recommended for receipt of opioid funds to its regularly scheduled Board meeting on January 9, 2024. The meeting will be held at: Indian River County Administration Building County Commission Chambers Building "A" 1801 27'h Street Vero Beach, FL 32960 The meeting will begin at 9:00 am. The Board has requested the following from each of you: A brief presentation (5 minutes or less) on how your organization plans to spend any allocation of funds To be prepared for a question and answer session following your presentation To provide any back up material on your proposal in advance so it may be included in the Board's agenda package. Please submit this material to me no later than January 2, 2024. If you plan on making a Powerpoint presentation, please contact me a few days in advance of the meeting so the presentation can be loaded into the computer in the BCC Chambers prior to the meeting. I will provide you with a copy of the Agenda for the January 9, 2024 meeting the Friday before the meeting. As always, if any of you have any questions, please do not hesitate to call me at (772) 226-1426 or by email at bdebral(a)_indianriver.gov Sincerely, r William K. DeBraal County Attorney Sent by email to: Jill S. Amos iamos(a-)-sacirc.org Miranda Swanson miranda.swansona-flhealth. gov Angela Rosado Jones aionescW-iresheriff.org Rayme Nuckles rayme(a7tchelpspot.org Wes Samons wsamonsCc�mhcollaborative.net Hon. Charles A. Schwab schwabc ar ,circuit19.org Amanda Busbin amanda.busbin(ZDsefbhn.orq Carrie Maynard -Lester cmaynard _sacirc.orq 522 0 _Cf U-rr . Q ; _. ,V Z ` d QoK co L ,V L � cn E E od L i = 0 > L Q� L a_ V V L cn E Q Q' Z I- W e� N M m' LO o N A� O O -4W AWO CDvsm 72 m o ca a� > a .r o -C •� 4 c = •E c C cu : © o cu CD CD c cu L �--+ � O U p4-0 U' Co CM CU V Z3 � •� c =3C � C •� � Gam? U N L O o o M O Z Z Z S C) O L CL m >14 /O V L a� OC O U) 4� C .Cr i 13 i •m m O m El (-X O E O'Lu O O U O O � w E c O o a d o 0 O N U YI W (-X c o O N U cn E� O a) N �. V> O > C O O N .� Q ,0 L Q C N �- mc m a�U CIO C-) C 0 LL s p O O ._ +r N ,U O U O ,� � COc U �e :DD to cn (-X U- Q cu L +-r CD cr CD cn N U) Q� U 00 U_ O O O N � � N .� c O C to � O Q. O. cu 0) X O N O Cl) L Q N N N O cp = C CL U O U 0 11,111M N CO � c — U) �� O N RS cu ani O CM CL a)C a). �E C L cn O cu O O_ O E O �y c O ch N cn O N � O O LO o� -1-- U cu _0 N a) 2 (U U L }, W '� c Q p N E N --.,e 4-- cn4-0 VO3 N fj cn WU) :3 O J— N O L A L U- Q L cn O Q� U_ O c C to � O. N cn X O N O L Q N N cp = C ^ U O U 0 CO N -� O N cu ani O CM cn �E Oo cu O O_ O E Q c N (0 = O CUcn E o� U Co .� La—) W '� c Q " C O U) 4-- cn4-0 VO3 N fj O t6 0 ^a` N O L A L U 0 O Q O m O N U co C 0 cn Co ■a) 0 v > O U) U- Q Z U) c O cu cu U C O'E N cn (u cn O -0 O cn -C-a O U C -�- O cu O U N >�N � O E cu p z a N N N 0 L Nto z c U O 'O Q O c� U O- cn O � O c C:cn O L O � L Cn O `.� �'' O U O N C CU O � `� O cu j =3> C o L O .� N O U 0 C: U U CU C- O CL N .. C O O N U N � ��, .� � .� 0 cy)� O 0 O o o a v Cl)a O> U N o CU > 4-0 c D -E cu 0 a) Lcn cu a)-> cn tis o 0 �; Im _C: CU cn U) c / ♦J +� w cn -�O �� -� �_ L- _0Q a) CL O O to �. CU O - > O to CZ 4- O U U CU -E co Cll 4-4 'V c:N � C: cu � CU cu N -0 U C U E O i 0 tC _ ) OCU O U CU C;)-0 L C: C: CM N E .. O E c6 4" a) cn M0 COj -� CL C= CU cu M Lo CL- O N C: Ca Ca 0 cn CU c i U U U E cu O U o o c:0 cu o tY v Li U • 0� OC Lr) ., (IVIK cn Q �.. (n UN L- Lij >1 �[ C: (D 4-jL N > , Oca LO L v a QOK W Q ._ .> > v C: CU O U O to C: v� � Cl) •� U U) C/)(c Q :t> C:V O CL M O • U C U O 6P.4- � -0 4— m 0 COL ,W O >, O O N Vi C/y i= O o LL U U O co� N > O 4-0 4— O >E N cOn c:cn cU Co V Q t6 O a) U t� 0 u� . � E �.' C Q O E co ca -w 7o c — V C� C:'� m O o N C: CO Q :3O L- m cnE co E cuQ .>U .> O i C: — O O 0 ca U QUU 0 W cn cn .E U� 'C O O cn U cncn 4- N � U c CU N _N C cn O O d � > cn C .cp cnN a M cn C cm .O � U H > v cn Q aCo . a) c� ca KU W .C: uA C L L U cu c -p N 4� L O C 0 c co cn Q cn E cn N CD 'Q c U cn U 000%N Q cu cu _ •V D U)(6 CD 70 R�CD Ecu mC L O U N � W .; .c a+ c J N O Ocu Q U - (u 0 � c o L � �_ 0 m = o c > v a > F v E - .> d O ... Q Lm � CU o U u 0 >, O z -, .� co U. r N M d' W cn cn .E U� 'C O O cn U cncn 4- N � U c CU N _N C cn O O d � > cn C .cp cnN a M cn C cm .O � U H > v cn Q aCo . a) c� ca KU W .C: uA 2/16/2024 2/16/2024 >' - 3 2/16/2024 138 Office Of Attorney's Matters 01/09/2024 INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney K. Keith Jackman, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, Deputy County Attorney DATE: December 29, 2023 SUBJECT: Sale/Donation of Former Gifford Gardens Apartments Property to Indian River County Habitat for Humanity, Inc. The Gifford Gardens property consisted of 55 individual apartments spread over six single -story and two-story buildings located at 4730 40' Avenue, Vero Beach, on 3.3 acres of property zoned RM -10, residential, multi -family, up to 10 units per acre. This is the highest density that currently exists in the unincorporated County. The development was built in 1970 and operated as a rental complex successfully for approximately 30 to 35 years until the buildings became rundown and uninhabitable. In 2009, neighboring property owners filed numerous complaints about the garbage, odors, and rodents seen in the abandoned buildings. In 2010, Health Department Inspectors, Building Inspectors, Fire Inspectors, and the Sheriff's Office conducted an in-depth inspection of the site due to numerous complaints of vandalism, drug use, and prostitution activity. The complex was in foreclosure at the time of the inspection. The inspection revealed the deteriorated condition of the units — no plumbing fixtures, exposed wiring with the electricity shut off to some buildings, missing air conditioners and wall unit heaters, and numerous broken windows and missing doors. Following the inspection, the Building Official declared the buildings unsafe and ordered them to be repaired or demolished. The then -owners conceded the cost of repairs would be more than the value of the buildings and did not contest the Building Official's demolition order. The Board ordered the buildings to be demolished in November 2010, and after public bids were received, all buildings were demolished in June 2011 at a cost of $85,996.74, which was reduced to a lien that was attached to the property. The vacant property acquired tax liens and utility liens until MACWCP II Corp. purchased it at a Tax Deed Sale in 2012 for the amount of unpaid taxes of $84,900. As governmental liens such as utility and demolition liens survive a tax deed sale, those liens continue to be valid liens against the property. In September 2017, MACWCP sold the property to Leonard Green via a Quit Claim Deed for $5,900. In 2019, the former Gifford Gardens parcel was considered a possible site for affordable housing. The site had several important advantages. The Board considered that some impact fees had been "grandfathered in" and would not have to be paid by a developer, thus reducing the cost to build a project. The Board also considered the advantages of purchasing the 532 Gifford Gardens Update January 4, 2024 12 property at an arm's length transaction rather than foreclosing on the existing Utility Liens. While purchasing the property obligated the County to pay the outstanding taxes and redeem the tax certificates, the County would have clear, fee -simple title to the property. The County, as owner, could place deed restrictions on the property to make sure its use is reserved for affordable housing. These restrictions would be binding on future owners. Accordingly, in 2020, the Board authorized the purchase of the property from Leonard Green for $10,000.00 and paid the outstanding property taxes in the amount of $9,632.27. Since purchasing the property, the Board entertained two proposals for developing the property. In 2022, a firm experienced in affordable housing made a presentation to the Board and proposed the construction of single-family homes on the site at a cost of approximately $350,000 per home. This price did not align with the Board's definition of affordable housing. In 2023, Indian River County Habitat for Humanity, Inc. (HFH) made a presentation proposing a subdivision consisting of single-family homes on the property using their homeownership program. The proposal included the donation of the property from the County to HFH. The Board accepted HFH's proposal, and HFH began the necessary planning, permitting, and engineering for the subdivision. The project is getting close to entering the land development stage, and HFH has requested the Board to donate the property at this time. Both the deed and the plat for the subdivision will contain language restricting the use of the property for the construction of affordable housing. In 2021, the County received federal funds from the American Recovery Plan Act (ARPA) and earmarked $500,000 for planning and construction of affordable housing. Following HFH presentation, the Board agreed to make the $500,000 available to HFH for this project. Upon receipt of qualifying invoices from HFH, the County will reimburse HFH in accordance with the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions. HFH acknowledges that completion of the project must occur before December 31, 2026 to satisfy ARPA funding requirements. A copy of the Agreement to Purchase and Sell Real Estate and the Indian River County American Rescue Plan Agreement between HFH and the County are attached to this memorandum. If approved by the Board, the matter will proceed to closing within 45 days. Funding: The County will pay some of the closing costs and title insurance, which are expected to be less than $1,000. Funding is budgeted and available in General Fund/County Attorney/Legal Services, Account #00110214-033110. Recommendation: Staff recommends that the Board approve the Agreement to Purchase and Sell Real Estate and the Indian River County American Rescue Plan Agreement with Indian River Habitat for Humanity and authorize the Chairman to execute the Agreement and the deed on behalf of the Board. Attachments: Agreement to Purchase and Sell Real Estate Indian River County American Rescue Plan Agreement Scope of Work Copies to: Doug Vitunac, Esq. Trevor Loomis, President, Indian River County Habitat for Humanity, Inc. Chris Balter, Chief, Long Range Planning 533 AGREEMENT TO PURCHASE AND SELL REAL ESTATE THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of January 9, 2024, by and between the Seller, Indian River County, ("County"), a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, FL 32960; and the Buyer, Indian River County Habitat for Humanity, Inc., a Florida not for profit corporation, ("HFH"), whose address is 4568 North US Highway 1, Vero Beach, FL 32967. WHEREAS, the County is the owner of real property located at 4730 40th Avenue, Vero Beach, FL 32967, commonly known as the Gifford Gardens parcel; and WHEREAS, HFH is a not for profit corporation organized for the purposes of providing affordable housing to working families of Indian River County and thereby promotes community interest and welfare for the citizens of Indian River County; and WHEREAS, in February 2020, the County's Affordable Housing Advisory Committee (AHAC) recommended that the County purchase the Gifford Gardens parcel to be used for construction of affordable housing. The County purchased the 3.3 acre, RM 10 zoned property for $10,000 on February 25, 2020; and WHEREAS, HFH is in the final stages of planning construction of an affordable housing subdivision on the Gifford Gardens parcel, and has approached the County with an offer to purchase the entire property; and WHEREAS, the Gifford Gardens parcel is not needed for County purposes and HFH desires to use the parcel to continue to promote community interest and welfare; and WHEREAS, the Board of County Commissioners of Indian River County has adopted a resolution approving this sale of county owned property pursuant to Section 125.38, Florida Statutes (2023), NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter recited, the County and HFH agree as follows: 1. Agreement to Purchase and Sell. The County hereby agrees to sell to HFH, and HFH hereby agrees to purchase from County, upon the terms and conditions set forth in this Agreement, that certain parcel of real property located at 4730 40th Avenue, Vero Beach, FL 32967 and more specifically described on Exhibit "A" attached hereto and incorporated by reference, containing approximately 3.3 acres, and all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Property"). 2. Purchase Price, Effective Date. The purchase price ("Purchase Price") for the 534 Property shall be ten dollars 10.00. The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which the County approves the execution of this Agreement, either by approval by the Indian River County Board of County Commissioners at a formal meeting of such Board or by the County Administrator pursuant to his delegated authority. 3. Title. County shall convey marketable title to the Property by County Deed free of claims, liens, easements and encumbrances of record or known to County; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents Buyer's intended use and development of the Property ("Permitted Exceptions"). HFH shall have 28 days from the date of this agreement as its due diligence period during which time habitat may go onto the property to inspect, test, survey or perform any other act which they deem appropriate in order to determine the property's suitability for the intended use. HFH shall advise the County of any issues that might affect suitability the parties shall make a good -faith effort to resolve the issue prior to closing, termination, or agreement to extend the closing in order to resolve the issue. 4. Representations of the County. 4.1 County is indefeasibly seized of marketable, fee simple title to the Property, and is the sole owner of and has good right, title, and authority to convey and transfer the Property which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 4.2 From and after the Effective Date of this Agreement, County shall take no action which would impair or otherwise affect title to any portion of the Property, and shall record no documents in the Public Records which would affect title to the Property, without the prior written consent of HFH. 4.3 There are no existing or pending special assessments affecting the Property, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 5. Default. 5.1 In the event HFH shall fail to perform any of its obligations hereunder, the County shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to HFH at or prior to the Closing Date; or (ii) waive the Buyer's default and proceed to Closing. Neither the County nor any other person or party shall have any claim for specific performance, damages, or otherwise against HFH. 5.2 In the event the County shall fail to perform any of its obligations hereunder, HFH shall, at its sole option, be entitled to terminate this Agreement by written notice delivered z- 535 to the County at or prior to the Closing Date or (ii) waive the County's default and proceed to Closing. Thereupon neither HFH nor any other person or party shall have any claim for specific performance, damages or otherwise against the County. 6. Closing. 6.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within 30 days following the Effective Date of this Agreement. The parties agree that the Closing shall be as follows: (a) The County shall execute and deliver to HFH a County Deed conveying marketable title to the Property, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) The County shall have removed all of its personal property and equipment from the Property and the County shall deliver possession of the Property to HFH vacant and in the same or better condition that existed at the Effective Date hereof. (c) If County is obligated to discharge any encumbrances at or prior to Closing and fails to do so, HFH may use a portion of Purchase Price funds to satisfy the encumbrances. (d) The County and HFH shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 6.2 Taxes. All taxes upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the County. 7. Closing Costs; Expenses. HFH shall be responsible for preparation of all Closing documents. 7.0 All costs and premiums for the title insurance and policy shall be shared equally by the parties. 7.1 HFH shall pay the following expenses at Closing: 7.1.1 The cost of recording the County Deed and any release or satisfaction obtained by County pursuant to this Agreement. 7.1.2 Documentary Stamps required to be affixed to the County Deed. 7.1.3 Current taxes which are not yet due and payable. 7.2 County shall pay the following expenses at or prior to Closing: 3- 536 7.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the permitted exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Property. 8. Miscellaneous. 8.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 8.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the County and HFH relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 8.3 Assignment and Binding Effect. Neither HFH nor County may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 8.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: If to HFH: Indian River County Habitat for Humanity, Inc. Attention Trevor J. Loomis 4568 North US Highway 1 Vero Beach, FI 32967 If to County: Indian River County Attorney's Office 1801 27' Street Vero Beach, FL. 32960 Phone: 772-226-1426 Fax: 772-569-4317 bdebraal@ircgov.com Either party may change the information above by giving written notice of such change as provided in this paragraph. 8.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made a- 537 solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 8.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 8.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 8.8. County Approval Required. This Agreement is subject to approval by the Indian River County Board of County Commissioners as set forth in paragraph 2. 8.9 Affordable Housing Requirement. HFH (or successor developer) may not use the property for any purpose other than for the construction of affordable housing for homebuyers who meet the requirements of HFH's homeownership program. The restriction shall only apply to the first sale by of each lot by HFH or successor developer. This provision shall survive closing. 8.10 American Rescue Plan Act (ARPA) Funds. The County is currently holding $500,000 (five hundred thousand dollars) in ARPA funds earmarked for assistance in construction of this project. Within a reasonable time after closing, HFH shall comply with the Indian River County American Rescue Plan Agreement attached to this Agreement as Exhibit "B" and incorporated by reference herein. Upon receipt of qualifying invoices from HFH, the County will reimburse HFH in accordance with the ARPA as described in the attached U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions. HFH acknowledges that completion of the project must occur before December 31, 2026 to satisfy ARPA funding requirements. HFH shall follow all ARPA requirements in the expenditure of the ARPA funds. This paragraph shall survive closing of the transaction. SIGNATURE PAGE TO FOLLOW s- 538 IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. INDIAN RIVER COUNTY HABITAT FOR HUMANITY, INC. in Trevor J. Loomis, President Date Signed by Buyer: Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Ir'll INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Date BCC Approved: Approved as to form and legal sufficiency. William K. DeBraal, County Attorney 539 EXHIBIT "A" 4730 40th Avenue, Vero Beach, FL 32967 Full Legal Description: Legal Description: IN TOWNSHIP 32, RANGE 39E, FROM SW COR OF SEC 22, RUN S 89 DEG 59 M - IN 30 SEC E, 935.5 FT, N 00 DEG 43 MIN 35 SEC W, 1585.12 FT; TH N 89 DEG 58 MIN, 31 SEC E, 60.0 FT TO POB, TH N 00 DEG 43 - MIN 35 SEC W, 210.0 FT; TH E 630.0 FT, TH S 00 DEG 43 MIN 35 SEC E, 210.0 FT; TH, W 630.0 FT TO POB. Parcel ID: 32392200000500000018.0 540 INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT THIS INDIAN RIVER COUNTY AMERICAN RESCUE PLAN AGREEMENT ("Agreement") is entered into as of the _ day of , 2024 by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27"' Street, Vero Beach, Florida, 32960 ("Recipient"), and Indian River County Habitat for Humanity, Inc., a non-profit organization, whose address is 4568 US Highway 1, Vero Beach, FL, 32967 (the "Subrecipient"). RECITALS WHEREAS, Recipient has received funds as part of the American Rescue Plan; and WHEREAS, Recipient is required to comply with the requirements set forth in the attached U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions (the "Conditions"); and WHEREAS, Recipient is proposing to provide $500,000 to Subrecipient to be used for the development of Gifford Gardens; and WHEREAS, Subrecipient as part of the acceptance of this assistance agrees to comply with the Conditions. NOW THEREFORE, in consideration of the mutual undertakings herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree, as follows: 1. Recitals. The above recitals are true and correct and are incorporated herein. 2. Payments. The Recipient will make a total disbursement to Subrecipient of up to $500,000 upon submittal of proof of invoices and payment to Recipient. 3. Compliance Requirements. Subrecipient agrees to comply with the U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions attached as Exhibit "A". In addition, Subrecipient must provide Recipient all invoices, proof of payment, proof of System for Award Management registration for all vendors, and any other executed required Federal disclosures according to the schedule below: Expense Period Report Deadline October 1, 2023 through September 30, 2024 October 15, 2024 October 1, 2024 through December 31, 2024 January 15, 2024 4. Scope of Work. Subrecipient shall perform the tasks as identified and set forth in the Scope of Work, which is attached as Exhibit `B". Page I of 2 541 IN WITNESS WHEREOF, RGci} ent and SubiWpicm have executed:Ws h*uma t ft DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Attachment A Expiration Date: November 30, 2021 U.S. DEPARTMENT OF THE TREASURY CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS Recipient name and address: DUNS Number: 079208989 Indian River County Taxpayer Identification Number: 596000674 1801 27th st Assistance Listing Number: 21.019 Vero Beach, Florida, 32960 Sections 602(b) and 603(b) of the Social Security Act (the Act) as added by section 9901 of the American Rescue Plan Act, Pub. L. No. 117-2 (March 11, 2021) authorize the Department of the Treasury (Treasury) to make payments to certain recipients from the Coronavirus State Fiscal Recovery Fund and the Coronavirus Local Fiscal Recovery Fund. Recipient hereby agrees, as a condition to receiving such payment from Treasury, to the terms attached hereto. DocuSigned by: Recipient: 1 - �-�IS�iVi. Authorized Representative: Kristin Daniels Title: Budget Director Date signed: 5/13/2021 U.S. Department of the Treasury: Authorized Representative: Title: Date: PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 15 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury, 1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 543 DocuSign Envelope ID: 927D0328-CA93.46FB-A33E-35E863E9820E U.S. DEPARTMENT OF THE TREASURY "CORONAVIRUS LOCAL FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS 1. Use of Funds. a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with section 603(c) of the Social Security Act (the Act), Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. Recipient.will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project. 2. Period of Performance. The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury's implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 3, 2021, and ends on December 31, 2024. 3. Reporting. Recipient agrees to comply with any reporting obligations established by Treasury as they relate to this award. 4. Maintenance of and Access to Records a. Recipient shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury's regulations implementing that section, and guidance issued by Treasury regarding the foregoing. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations. c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended -or returned to Treasury, whichever is later. 5. Pre -award Costs. Pre -award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding from this award. 6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs. 7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient. 8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112. 544 DocuSign Envelope ID: 927D032"A93-46FB-A33E-35E863E9820E 9. Compliance with Applicable Law and Regulations. a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award. b. Federal regulations applicable to this award include, without limitation, the following: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F — Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury's implementing regulation at 31 C.F.R. Part 19. V. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug -Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 31 C.F.R. Part 21. viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations. ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award include, without limitation, the following: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury's implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance; 3 545 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability; iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury's implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and V. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto. 10. Remedial Actions. In the event of Recipient's noncompliance with section 603 of the Act, other applicable laws, Treasury's implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in section 603(e) of the Act. 11, Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§ 1501-1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance. 12. False Statements. Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal; civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law. 13. Publications. Any publications produced with funds from this award must display the following language: "'Phis project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury." 14. Debts Owed the Federal Government. a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government. b. Any debts determined to be owed the federal government must be paid promptly by 4 546 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury's initial written demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt. 15. Disclaimer. a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient. 16. Protections for Whistleblowers. a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant. b. The list of persons and entities referenced in the paragraph above includes the following: i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General; iii. The Government Accountability Office; iv. A Treasury employee responsible for contract or grant oversight or management; V. An authorized official of the Department of Justice or other law enforcement agency; vi: A court or grand jury; or vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce. 17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the- job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles. 18. Reducing Text Messagin;; While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers. 547 DocuSign Envelope ID: 927Do328-CA93-46FB-A33E-35E863E9620E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 ASSURANCES OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS ASSURANCES OF COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 As a condition of receipt of federal financial assistance from the Department of the Treasury, the recipient named below (hereinafter referred to as the "Recipient") provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the Recipient's beneficiaries, the use or rent of Federal land or property at below market value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the.Federal government at market value, or programs that provide direct benefits. The assurances apply to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future. The Civil Rights Restoration Act of 1987 provides that the provisions of the assurances apply to all of the operations of the Recipient's program(s) and activity(ies), so long as any portion of the Recipient's program(s) or activity(ies) is federally assisted in the manner prescribed above. I . Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal financial assistance, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166, directives, circulars, policies, memoranda, and/or guidance documents. 2. Recipient acknowledges that Executive Order 13166, "improving Access to Services for Persons with Limited English Proficiency," seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury's implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury's directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient's programs, services, and activities. 3. Recipient agrees to consider the need for language services for LEP persons when Recipient develops applicable budgets and conducts programs, services, and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on taking reasonable steps to provide meaningful access for LEP persons, please visit http://www.lo.gov. 548 Wcuftn Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 4. Recipient acknowledges and agrees that compliance with the assurances constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient's successors, transferees, and assignees for the period in which such assistance is provided. 5. Recipient acknowledges and agrees that it must require any sub -grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances 14 above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient's sub -grantees, contractors, subcontractors, successors, transferees, and assignees: The sub -grantee, contractor, subcontractor, successor, transferee, and assignee shall comply with Title YI of the Civil Rights Act of 1964, which prohibits recipients offederal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title YI also includes protection to persons with "Limited English Proficiency" in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference and made apart of this contract or agreement. 6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property. 7. Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. The Recipient shall comply with information requests, on-site compliance reviews and reporting requirements. 8. Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome.. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI. 9. Recipient must provide documentation of an administrative agency's or court's findings of non-compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other 2 549 DocuSign Envelope ID: 927D0328-CA93-46FB-A33E-35E863E9820E OMB Approved No. 1505-0271 Expiration Date: November 30, 2021 agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state. 10. If the Recipient makes sub -awards to other agencies or other entities, the Recipient is responsible for ensuring that sub -recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub -awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub - recipients. The United States of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law. Under penalty of perjury, the undersigned official(s) certifies that official(s) has read and understood the Recipient's obligations as herein described, that any information submitted in conjunction with this assurances document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements. Indian River County 5/13/2021 Recipient Date [oowsrmd br. �'tS�tA, iatnic.�S Signature of Authorized Official PAPERWORK REDUCTION ACT NOTICE The information collected will be used for the U.S. Government to process requests for support. The estimated burden associated with this collection of information is 30 minutes per response. Comments concerning the accuracy of this burden estimate and suggestions for reducing this burden should be directed to the Office of Privacy, Transparency and Records, Department of the Treasury,1500 Pennsylvania Ave., N.W., Washington, D.C. 20220. DO NOT send the form to this address. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by OMB. 3 550 ' Bill Debraal Subject: FW: Gifford Gardens Funding From: Trevor Loomis <tloom is 0 irchabitat.or > Sent: Thursday, January 4, 202411:54 AM To: Chris Balter <cbalter@indianriver.gov> Subject: Gifford Gardens Funding CAUiIQN: This'rn eska from an external source. Please usecaution when opening attachments or clicking Links d Funds will be utilized for the development of a single-family subdivision of up to 14 homes on the property located at 4730 401' Ave. Use of funds will include all predevelopment work, survey, environmental, engineering, permitting, sitework, and infrastructure construction. This will also include the purchase of materials for installation of infrastructure, including fill dirt, concrete, sewer, road, utilities, signage, and recreation spaces. Trevor Loomis President and Chief Executive Officer Indian River Habitat for Humanity 4568 N. U5 Hwy 1 • Vero Beach, FL 32967 Office: 772-562-9860 ext. 208 • Cell: 931-249-4942 @ircHabitat • www.ircHabitat.org �\ Indian River W Habitat for Humanity° 551 January 9, 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 2, 2024 SUBJECT: Proposed Resolution in Support of the Indian River County Strict Rainy Season Ban Urban Fertilizer Ordinance FROM: Susan Adams Commissioner, District 1 would appreciate a discussion with my fellow commissioners regarding the attached Proposed Resolution in Support of the Indian River County Strict Rainy Season Ban Urban Fertilizer Ordinance. Attachment 552 RESOLUTION 2024- A RESOLUTION IN SUPPORT OF THE INDIAN RIVER COUNTY STRICT RAINY SEASON BAN URBAN FERTILIZER ORDINANCE WHEREAS, Nutrient pollution - excess nitrogen and phosphorous - originates from many sources, including urban stormwater; WHEREAS, Nitrogen and phosphorus fertilizer applied on lawns and landscapes can leach and contribute to nutrients entering waterways through run off from yards, potentially negatively impacting the health of waterbodies; WHEREAS, Nitrogen and phosphorous pollution -fueled algae blooms can produce toxins and deplete oxygen in the water, killing fish, submerged aquatic vegetation and seagrass meadows, other aquatic organisms, waterfowl, pets, and livestock; WHEREAS, several critical bodies of water in Indian River County are designated by Florida's Department of Environmental Protection as impaired, including but not limited to, the Indian River Lagoon, which are of critical environmental, economic, and recreational importance to our community; WHEREAS, Harmful algae blooms, fish kills, and the degradation of our natural resources has negative economic impacts on our local tourism economy and the property values and quality of life of our residents; WHEREAS, the County's ordinance and education program to manage the timing, quantity, and content of fertilizers applied to urban landscapes are the most cost-effective steps taken by Indian River County to better manage stormwater and protect water quality and the quality of life of residents; WHEREAS, Indian River County is one of eighteen counties and over one hundred municipalities that have adopted "strong" urban fertilizer ordinances that include strict, no exemption, rainy season application bans and a number of other protective provisions related to the content and rate of fertilizer application; WHEREAS, Section 85 of Chapter 2023-240, the Implementing Bill for the General Appropriations Act for fiscal year 2023-24 provides "in order to implement Specific 1 553 RESOLUTION 2024 - Appropriation 146 of the 2023-2024 General Appropriations Act, a county or municipal government may not adopt or amend a fertilizer management ordinance, pursuant to s. 403.9337, Florida Statutes, which provides for a prohibited application period not in existence on June 30, 2023; WHEREAS, the proviso language of Specific Appropriation 146 of the 2023-24 General Appropriations Act provides in part that 1250,000 in nonrecurring state funds shall be used by the University of Florida Institute of Food and Agricultural Sciences (IFAS) to evaluate the effectiveness of the timing of seasonal fertilizer restrictions on urban landscapes toward achieving nutrient target objectives for waterbodies statewide"; WHEREAS, the science behind the many strong local fertilizer ordinances is voluminous; every local government that has adopted a strong ordinance since 2007, and especially since 2009, has a public record of all of the science used to determine the viability of a strong ordinance in the respective watershed. In 2009, Florida Statute (403.9337) mandated that each ordinance stronger than the Florida Department of Environmental Protection (FDEP) Model ordinance be "science - based, and economically and technically feasible". Since that date ordinances covering 16 counties, and in most cases all of their respective municipalities, have been adopted and implemented; WHEREAS, the Florida Department of Agriculture and Consumer Services (FDACS) has never challenged the legality or the science behind any of the existing ordinances. In December 2014, the Florida Department of Agriculture and Consumer Services (FDACS) updated the labeling requirements for DIY bags of turf fertilizer in the state to include the following language: "Check with your county or city government to determine if there are local regulations for fertilizer use"; and WHEREAS, the fertilizer industry's response has been positive. In 2015 Scotts® announced a new summer -safe, no N -no P, turf product, an example of how many fertilizer manufacturers have embraced these ordinances and provided products that are compliant with local regulations; now, therefore, be it NOW, THEREFORE, BE IT RESOLVED, that the Indian River County Commissioners reaffirms its resolute support of and steadfast commitment to, the current strong urban fertilizer ordinance that is more stringent than the state model baseline to manage 2 554 RESOLUTION 2024- stormwater better and help curb nutrient pollution in our waterways to protect our community's natural resources, quality of life, property values, and local tourism economy. The Clerk will transmit a copy of this Resolution to the Governor, the President of the Florida Senate, the Speaker of the Florida House of Representatives, the respective Chairs and membership of the Senate and House Appropriations Committees, the Secretary of the Florida Department of Environmental Protection, and the Commissioner of the Florida Department of Agriculture and Consumer Services. This Resolution shall take effect immediately upon its approval by the Indian River Board of County Commissioners. 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 The Chairman thereupon declared the Resolution duly passed and adopted this day of , 2024. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISIONERS LIM Susan Adams, Chairman Approved as to form and legal sufficiency William K. DeBraal County Attorney 555 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: December 20, 2023 To: Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 5 to Geosyntec for Annual Permit, Compliance Monitoring, and Reporting for 2024 Descriptions and Conditions: The Solid Waste Disposal District (SWDD) landfill operation is a highly regulated activity, which requires environmental compliance documentation in accordance with several different permits. Many of the compliance reports are prepared and certified by a third -party professional engineer. This agenda item requests authorization to engage the engineering firm of Geosyntec Consultants (Geosyntec) to perform the following tasks related to both permitting and reporting: 1. Semi-annual and annual reports to assess the characteristics of ground and surface water at the site generated by the Class I landfill in accordance with the site's landfill permits. 2. Quarterly Assessment monitoring and reporting for the Class I landfill, and Construction and Demolition (C&D) Debris Disposal Facility. 3. Annual reports required by the site's Title V air quality permit, including the annual statement of compliance, the annual operating report, semi-annual monitoring report, and the annual landfill gas sulfur content test. 4. Storage Tank Monitoring, Well Installation, and Reporting. 5. Landfill Gas Migration Monitoring. 6. Multi -Sector General Permit. In addition, a general technical assistance and permit compliance phase is included, as SWDD often requires engineering, technical, and construction services assistance in connection with annual facility upgrade, compliance, and operations. H65b766-c4eb-4508-9fc5-c271f56c418e Page 1 of 2 556 SWDD Item Analysis: Geosyntec has prepared Work Order No. 5, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the Continuing Contract Agreement for Professional Services (CCNA), dated May 2, 2023. The phases are listed below, showing the expected completion dates and their estimated fees. PHASE DESCRIPTION DUE DATE AMOUNT Phase 1 Project Management/Meetings December 31, 2024 $33,475.20 Phase 2 Semi -Annual Water Quality Sampling & Reporting March 2024 & $58,006.11 September 2024 March 2024, June 2024, Phase 3 Quarterly Assessment Monitoring & Reporting September 2024, and $84,443.10 December 2024 Phase 4 Storage Tank Monitoring, Wells Installation, and December 31, 2024 $51,283.17 Reporting Phase 5 Title V Permit Compliance Monitoring March — December 2024 $26,311.50 Phase 6 General Technical Assistance January 1, 2024— $42,786.60 December 31, 2024 TOTAL = $ 296,305.68 Funding: Funding for the SWDD Annual Permit Compliance Monitoring and Reporting is budgeted and available in the SWDD/Landfill/Engineering Services account, number 41121734-033130, for a total amount of $296,305.68, which is funded from SWDD assessments and user fees. Description I Account Number Amount SWDD/Landfill/Engineering Services 1 41121734-033130 $296,305.68 Recommendation: Solid Waste Disposal District (SWDD) staff recommends that its Board approve Work Order No. 5 with Geosyntec Consultants for $296,305.68 to provide engineering services related to the SWDD Annual Permit, Compliance Monitoring, and Reporting; and authorize the Chairman to execute the same, as presented. Attachment: Work Order No. 5 — Geosyntec b365b766-c4eb-4508-9fc5-c271f56c418e Page 557 WORK ORDER 5 This Work Order Number 5 is entered into as of this 20 day of December / 2023 pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Todd Kafaka Title: Vice President Susan Adams, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: K. Keith Jackman, Assistant County Attorney 558 1200 Riverplace Boulevard Geosyntec c' Suite710 Jacksonville, FL 32207 PH 904-858-1818 consultants www.geosyntec.com 20 December 2023 Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74d' Avenue SW Vero Beach, Florida 32968 Subject: Proposal to Provide 2024 Compliance Monitoring, Reporting and Other Technical Support Services Class I Landfill and C&D Debris Disposal Facility Indian River County Landfill Facility Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services supporting the operation of the Class I landfill and Construction and Demolition (C&D) debris disposal facility at the IRC Landfill (IRCL) site located in Vero Beach, Indian River County, Florida. The proposal presents the scope of work, schedule, and budget estimate for the compliance monitoring, reporting and other technical support services related to the operation of the solid waste disposal facilities in 2024. Geosyntec has prepared this proposal for professional services as Exhibit A of Work Order Number 5, 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 Geosyntec ("Consultant"). The remainder of this proposal presents: (i) project background; (ii) proposed scope of services; (iii) schedule; and (iv) budget estimate. PROJECT BACKGROUND The IRCL site is located south of Oslo Road, west of Range Line Road (74th Avenue) and east of Interstate 95 in Section 25, Township 33 South, Range 38 East in Indian River County, Florida. The IRCL site occupies 276 acres, with approximately 141.5 acres permitted for Class I disposal, 19 acres is comprised of Cell 1 C&D debris disposal facility, and 2.5 acres consists of a C&D debris recycling facility. NCP2323548UL23073 2024 Compliance Monitoring Proposal_F engineers I scientists I innovators 560 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 2 The Class I landfill currently accepts both Class I waste and C&D debris for disposal under the Florida Department of Environmental Protection (FDEP) Construct and Operate Permit Modification Nos. 0128769 -026 -SC -IM and 0128769 -033 -SO -MM, dated November 30, 2022 (Class I Permit). The C&D debris disposal facility operates under FDEP Permit No. 0128769- 032 -SO -24, dated June 1, 2022 (C&D Permit). Semi -Annual Water Oualitv Compliance MonitorinLy and Reuortin The Water Quality Monitoring Plan (WQMP) for each of the IRCL facilities permits (which is listed as Appendix 3 of each permit) indicates that groundwater and surface water quality monitoring are required. Semi-annual sampling of the Class I landfill and C&D debris disposal facility groundwater monitoring wells shall be conducted in January and July 2024. The samples collected from the Class I landfill and C&D debris disposal facility monitoring wells shall be analyzed for the routine monitoring parameters listed in Section II.3 (Class I Permit) and Paragraph 8 (C&D Permit) of the WQMP, respectively, as required by paragraphs 62- 701.510(5)(c) & (7)(a) and 62-701.730(8)(d), Florida Administrative Code (F.A.C.). Samples from one surface water monitoring site (SW -2) shall be collected semi-annually in January and July, if water is discharging from the stormwater pond. The samples, if collected, shall be analyzed for the list of parameters listed in Section HI.2 of the Class I Landfill WQMP, as required by paragraphs 62-701.510 (5)(d) and (7)(b), F.A.C. Geosyntec will perform the field sampling activities, and the analytical testing will be conducted by Eurofins Scientific Laboratory (Eurofins), the analytical laboratory contracted with, and direct bill to, SWDD. The results of the semi-annual water -quality monitoring events are to be reported to the FDEP within 60 days of receipt of analysis from the laboratory. Ouarterly Assessment Monitorinz for the C&D Debris Disposal Facility Geosyntec understands that results of routine sampling of C&D debris disposal facility groundwater monitoring well (MW -21 S) in January 2017 indicated exceedances of benzene and sodium groundwater cleanup target levels (GCTLs). As a result, the SWDD was requested by the FDEP to initiate evaluation monitoring in accordance with subsection 62-701.510(6), F.A.C. Pursuant to this request the SWDD installed one groundwater monitoring well (MW -49S) in July 2017. These and other wells (MW -21S, MW -33S, MW -35S, MW -40S, MW -49S, MW -50S, MW -51S, and MW -52S) and seven surface water (SW) Lateral Canal (LC) sample sites (SW- LC1, SW-LC2, SW-LC3, LC-SW4, LC-SW5, LC-SW6, and LC-SW8) have been sampled quarterly from July 2017 to October 2020 under an evaluation monitoring program with the FDEP. However, in correspondence dated 14 October 2019 from the FDEP to the SWDD, the FDEP approved the SWDD's request to replace the evaluation monitoring of the eight NCP2323548/JL23073 2024 Compliance Monitoring Proposal engineers I scientists I innovators 561 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 3 groundwater wells and surface water sample sites with quarterly assessment monitoring and with the addition of other parameters (arsenic, benzene, naphthalene, and other semi -volatile organic compounds [VOCs]) to the suite of parameters to be analyzed for at these wells. The FDEP also requested sampling of additional surface water sites in the Lateral C Canal for the purpose of establishing background water -quality conditions. Therefore, in 2020 Geosyntec working on behalf of the SWDD sampled all seven surface water sites except for April 2020 where the FDEP agreed to a reduction to three locations. The reduction to three surface water sampling locations was approved for sampling events and the total number of surface water sampling locations is assumed to be seven for the 2024 sampling events. In 2021, Geosyntec working on behalf of the SWDD eliminated six surface water sampling locations (SW-LC2, LC-SW5, LC-SW7, LC-SW8, LC-SW9 and LC -SW 10) and discontinued the sampling of MW -33S and MW -35S. Additionally, Geosyntec working on behalf of the SWDD in 2021 reduced the collection frequency of arsenic, benzene, naphthalene, 1 -methylnaphthalene, 2 -methylnaphthalene, acenaphthene, and anthracene at MW -21S and MW -49S from quarterly to semi-annual. Geosyntec will continue working with the FDEP to further reduced the surface and groundwater quarterly sampling scope at the C&D debris disposal facility in 2024 in order to provide overall cost savings to the County. Therefore, in addition to the semi-annual sampling of the C&D debris disposal facility monitoring wells in January and July 2024, six wells and four surface water sample sites will also be sampled in April and October 2024 as part of the 2024 compliance monitoring and reporting program. Quarterly Assessment Monitoring for the Class I Landfill A comment letter from the FDEP dated 6 May 2020 provided comments regarding the results of the January 2020 Semi -Annual Water Quality Monitoring Report for the Class I landfill. The FDEP provided notification to the SWDD to initiate evaluation monitoring at all monitoring wells with detected exceedances above applicable (GCTLs for pH, ammonia, chloride, sodium, total dissolved solids (TDS) and arsenic. Geosyntec provided a response to comments (RTC) letter to the FDEP comment letter on 28 May 2020 which focused on the long-term trends with the dataset available from the FDEP Water Assurance Compliance System (WACS) database and requested a reduction of evaluation monitoring locations from 25 locations (as originally requested by the FDEP in the 8 May 2020 letter) to four (4) locations (specifically downgradient of MW -3S, MW -14S, MW -44S and MW -44I). The FDEP approved this request in a letter dated 14 August 2020 and the 90 -day evaluation monitoring period was initiated on 17 September 2020 through a second RTC letter provided to the FDEP. Geosyntec installed the three (3) groundwater evaluation monitoring wells in November 2020 (evaluation monitoring well not installed downgradient of MW -14S since MW -14S was already located at the edge of the Class I landfill zone of discharge), sampled the four (4) quarterly wells and collected field parameters NCP2323548/JL23073 2024 Compliance Monitoring Proposal engineers I scientists I innovators 562 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 4 from two staff gauges (C5-SW1 and C5-SW3) for Total Ammonia Nitrogen [TAN] calculation in November 2020. During the 2021 quarterly sampling, Geosyntec working on behalf of the SWDD reduced the quarterly parameters analyzed and negotiated the use of a site-specific ammonia GCTL based on TAN calculations thus adding a surface water screening location north of MW -53S. Therefore, sampling of the four Class I landfill groundwater evaluation monitoring wells and four surface water field parameter screening locations will be included in the 2024 quarterly monitoring and reporting program. Storage Tank Groundwater Monitoring Wells Sampling and Reporting Permit Modification No. 0128769 -033 -SO -MM and Approval of Request for Alternate Procedure — SWAP 22-1 (i.e., Order), effective July 22, 2022, authorized the SWDD to use an existing 500,000 -gallon tank as a leachate storage tank for the leachate evaporator system for the Class I Landfill. Conditions of this approval required the SWDD to install four new groundwater monitoring wells (MW -49 to MW -52) around the periphery of the leachate storage tank, which were installed in February 2023. Upon well installations, the SWDD was also required to conduct an initial and three additional sampling events (on a weekly basis), and conduct two quarterly sampling events after the initial filling of the tank with leachate. Based on the timeline of when the tank was initially filled with leachate on 30 August 2023, the well installations, initial sampling event, and three weekly sampling events were documented to the FDEP in 2023. Although the first quarter of sampling (after the tank has been filled) was conducted in October 2023, a second quarter of groundwater sampling is planned to be conducted in January 2024 and subsequent quarterly monitoring thereafter. Upon conducting the second quarter of sampling, the SWDD is required to provide FDEP with first semi-annual groundwater monitoring report with results of the first two quarterly sampling events, and the first annual summary report. The first semi-annual and annual summary reports are due 240 days and 400 days, respectively, from initial filling of the tank with leachate from the Class I Landfill for the leachate evaporator. This proposal presents the scope of work and budget estimate for the: (i) semi-annual water - quality compliance monitoring and reporting for the Class I landfill and C&D debris disposal facility; (ii) quarterly assessment monitoring of the eight groundwater wells and three surface water sample sites for the C&D debris disposal facility; (iii) quarterly evaluation monitoring of the ..wells and .. surface water sample sites for the Class I landfill; (iv) storage tank monitoring well sampling and reporting as required by the Order; (v) compliance with Title V permit NCP2323548/JL23073_2024 Compliance Monitoring Proposal engineers 1 scientists I innovators 563 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 5 requirements; (iv) compliance with MSGP permit requirements; and (v) other technical and miscellaneous permit compliance support services that may be required by the SWDD in 2024. Title V Air Operation Permit Compliance The SWDD was issued a Title V Air Operation renewal permit (Permit No. 0610015 -008 -AV), proposed on 7 December 2022. The permit requires that the SWDD prepare and submit to the FDEP and the U.S. Environmental Protection Agency (USEPA), Region 4 the following: • Annual statement of compliance (within 60 days after the end of the calendar year); • Electronic Annual Operating Report (AOR) and Title V Emissions Fee (on or before April 1 of each year, for the previous calendar year); • Semi -Annual Monitoring Report (scheduled for March 1 and August 29); and • Results of an annual landfill gas (LFG) sulfur content test (Annual Emissions Report for Sulfur Dioxide letter report and included in the Electronic Annual Operating Report). The annual emissions fee is automatically calculated based on emissions reported for marked pollutants on the FDEP's electronic Annual Operating Report (EAOR). Upon submission of the EAOR, the Annual Title V Emissions Fee invoice is generated, and this must be paid by April 1, 2024 for the 2023 reporting period. Landfill Gas Migration Monitoring The Class I Landfill solid waste permit also requires quarterly monitoring of LFG migration around the perimeter of the site and within enclosed structures. Multi Sector General Permit The SWDD authorization to discharge the overflow of stormwater from the sedimentation pond into the C-6 canal is governed by a five-year Multi Sector General Permit (MSGP) issued by the FDEP on .... The permit requires that the outfall be sampled quarterly during the first and fourth year of the permit for a list of parameters and the results reported to the FDEP by the first quarter of the fifth year of the permit. PROPOSED SCOPE OF SERVICES The proposed scope of services includes activities to be performed on behalf of the SWDD for the compliance monitoring reporting and other technical support services for the Class I landfill and C&D debris disposal facility. For the purpose of budgeting, the scope of work has been divided into the following six (7) main phases: NCP2323548/JL23073_2024 Compliance Monitoring Proposal engineers I scientists I inno%%tors 564 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 6 • Phase 1 — General Consulting/Meeting Support/Project Management; • Phase 2 — Semi -Annual Sampling and Reporting; • Phase 3 — Quarterly Assessment Monitoring and Reporting; • Phase 4 — Storage Tank Groundwater Monitoring Well Sampling and Reporting; • Phase 5— Title V Permit Compliance and Reporting; and • Phase 6 — Technical and Miscellaneous Permit Compliance Support and Reporting. The above scope of services is based on current regulations and reporting requirements for the IRCL facility as previously discussed above. An amendment to this scope of services may be needed should there be any regulatory changes that result in additional work. The remainder of this section presents a general description of the activities to be performed in each phase. Phase 1— General Consulting/Meetin Support/Proiect Management Under this phase, Geosyntec will perform project planning and management responsibilities, such as correspondence with the SWDD and FDEP, invoice review, project coordination, and project administration. Geosyntec has also included budget for preparation and attendance (by two Geosyntec personnel) at one meeting with the SWDD and/or FDEP, as needed. Phase 2 — Semi -Annual Sampling and Reporting Geosyntec will assist the SWDD to perform the semi-annual sampling and prepare the water - quality monitoring reports as required by the WQMP. Geosyntec will assist the SWDD with conducting all field sampling preparation activities, including scheduling, staffing, subcontracting, and field equipment preparation. Prior to collecting the groundwater samples in January and July 2024, Geosyntec will perform water -level measurements from the Site monitoring well network and installed staff gauges adjacent to the Site. Geosyntec will then perform semi-annual sampling of the Class I landfill and C&D debris disposal facility groundwater monitoring wells in January (34 wells) and July (25 wells) of 2024. We will also perform semi-annual (January and July) sampling of the surface water site (SW -2) if it is discharging from the stormwater pond. It is estimated that data collection and sampling will take five (5) full days in January and four (4) full days in July for the semi-annual monitoring and reporting for the Class I landfill and C&D debris disposal facility. Geosyntec will deliver the samples to Eurofins laboratory for analytical testing under the SWDD's contract (i.e., Eurofins laboratory will directly invoice the SWDD). NCP2323548/JL23073 2024 Compliance Monitoring Proposal engineers I scientists I innovators 565 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 7 The laboratory analytical testing will be conducted by Eurofins testing laboratory. The samples collected from the Class I landfill monitoring wells will be analyzed for the routine monitoring parameters listed in paragraph 7 of the WQMP and in accordance with paragraph 62- 701.510(5)(c) & (7)(a), F.A.C. The samples collected from the C&D debris disposal facility monitoring wells, with the exception of the quarterly assessment wells, will be analyzed for the routine monitoring parameters listed in paragraph 8 of the WQMP and in accordance with 62- 701.739(8)(d), F.A.C. The samples from the surface water site (SW -2) will be analyzed for the list of parameters listed in Section IH.2 of the Class I Landfill WQMP, as required by paragraphs 62-701.510 (5)(d) and (7)(b), F.A.C. Geosyntec will assist the SWDD in coordinating the analytical testing activities with Eurofins, notify the FDEP prior to sampling as required by the WQMP, review and evaluate the analytical test results, and prepare the semi-annual reports. The results of water -quality sampling under the WQMP will be presented in a report supported by attachments containing chain -of -custody sheets, field notes and observations, water sampling logs, maps, analytical results, and any other applicable materials. The reports will include groundwater completion report form and groundwater elevation contour map, both signed and sealed by a Florida registered professional engineer. These reports will be submitted to the SWDD for review prior to submittal to the FDEP. The reports (in Adobe format) and analytical data Electronic Data Deliverable (EDD) will be submitted electronically to the FDEP using the ADaPT software in accordance with Section V.E of the WQMP. According to the WQMP, monitoring test results shall be submitted to the FDEP within 60 days from completion of laboratory analyses. Phase 3 — Ouarterly Assessment Monitoring and Reporting (Both C&D Debris Disposal Facility and Class I Landfill) Geosyntec will perform quarterly sampling events for Calendar Year 2024 (January, April, July, and October) of five (5) groundwater wells (MW -21S, MW -49S, MW -50S, MW -51S, and MW - 52S) and four (4) surface water sample sites (SW -LCI, SW-LC3, LC-SW4, and LC-SW6) for the C&D debris disposal facility and at seven (7) groundwater monitoring wells (MW -3S, MW - 14S, MW44S, MW -44I, MW -53S, MW -54S, and MW -54I) and four (4) surface water samples (C5 -SW 1, SW -MW -14S, SW -MW -53 S, and SW -MW -54S) for the Class I landfill. The January and July sampling will be performed as part of the semi-annual sampling program under Phase 2 for the C&D debris disposal facility and assumed to take three (3) additional days to complete. The April and October data collection and sampling will each take four (4) days to complete. Geosyntec will deliver the samples to Eurofins laboratory for analytical testing under the SWDD's contract (i.e., Eurofins will directly invoice the SWDD for laboratory charges). NCP2323548/JL23073 2024 Compliance Monitoring Proposal engineers I scientists I innovators 566 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 8 For the C&D debris disposal facility, the quarterly assessment monitoring samples (including those collected in January and July) will be analyzed for the routine monitoring parameters listed in Paragraph 8 of the WQMP (C&D Permit) plus arsenic and benzene. For the Class I landfill, the quarterly assessment groundwater monitoring samples will be sampled for parameters as required by subparagraph 62-701.510(6)(a)3, F.A.C. The surface water samples will be screened for field parameters. Geosyntec will assist the SWDD in coordinating the analytical testing activities with Eurofins, notify the FDEP prior to sampling as required by the WQMP, review and evaluate the analytical test results, and prepare a letter report for each quarterly assessment monitoring event. The letter reports will be submitted in draft forms to the SWDD for review and comment and will be finalized, with the SWDD's comments implemented, for submittal to the FDEP. Any changes to the monitoring and reporting requirements that might be requested by the FDEP based on the results of the quarterly assessment monitoring will be performed under Phase 5 below. Phase 4 — Storage Tank Monitoring Well Sampling and Reporting In accordance with Table 2 of the Order, Geosyntec will assist the SWDD with quarterly monitoring of well associated with the leachate storage tank, analytical testing by Eurofns under direct contract to the SWDD, and preparation of the first semi-annual and annual summary report for submittal to the FDEP. Phase 5 — Title V Permit Compliance and Reporting Geosyntec will assist the SWDD in complying with the operation, monitoring, and reporting requirements for of the active landfill gas collection and control system (GCCS) under the current Title V Air Operation Permit No. 0610015 -008 -AV. The following permit compliance support services will be provided: • Statement of Compliance: Geosyntec will prepare and submit the annual Statement of Compliance for the Class I Landfill. This compliance document must be submitted to the FDEP within 60 days after the end of the calendar year, as required by subparagraph 62-213.440(3)(a)(2), F.A.C. • Electronic Annual Operating Report (EAOR): Geosyntec will prepare and submit to the FDEP the EAOR for the Class I landfill for the calendar year 2023. This report be submitted on or before April 1 of each calendar year, as required by subsection 62- NCP2323548/JL23073_2024 Compliance Monitoring Proposal engineers I scientists I innovators 567 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 9 210.370(3), F.A.C. As part of this task, Geosyntec will perform calculations to estimate the annual emission rates of non -methane organic compounds (NMOCs) and VOCs from the LFG to determine if the facility designation has changed from voluntary to mandatory with regard to operation and reporting requirements of the active GCCS under the New Source Performance Standards (NSPS) requirements. The results of the annual LFG sulfur content test will be used in the EAOR calculations. In the event of a status change, Geosyntec will advise the SWDD of its implications. • Semi -Annual Monitoring Report: Geosyntec will prepare and submit two semi-annual monitoring reports to demonstrate compliance with the federal requirements of the Title V permit. The reports will address the following permit conditions or compliance requirements: o Submittal of reports of any required monitoring at least every 6 months. All instances of deviations from permit requirements must be clearly identified in such reports. o Reporting, in accordance with requirements of subsection 62-210.700(6) and Rule 62- 4.130, F.A.C., of deviations from permit requirements, including those attributable to upset conditions defined in the permit. Reports shall include the probable cause of such deviations, and any corrective actions or preventative measures taken. o Reports shall be accompanied by a responsible official, pursuant to subsection 62- 213.420(4), F.A.C. The reports will only address deviations from the Title V permit conditions. Landfill and LFG operation and maintenance (O&M) data are not required to be reviewed and submitted to the FDEP per the Title V permit. • Annual Title V Emissions Fee: The EAOR application used for reporting to the FDEP will automatically calculate the annual emission fee for the facility. Geosyntec will notify the SWDD of the fee amount and will submit the check for payment of the fee on behalf of the SWDD prior to the April 1 deadline. • Annual LFG Sulfur Content Test: Geosyntec will collect three samples of LFG annually to determine the sulfur content in accordance with ASTM Method D5504-12 or D7493. The samples will be tested by a certified air testing laboratory. The laboratory test results will be used to calculate sulfur emissions and a report prepared for submittal to the FDEP. The LFG sulfur content testing will be completed no later than 31 December 2024, and the corresponding reporting will be completed no later than 45 days after testing. NCP2323548/JL23073 2024 Compliance Monitoring Proposal engineers I scientists I inno,.ators 568 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 10 Phase 6 — Technical and Miscellaneous Permit Compliance Support and Reporting Under this phase, Geosyntec will provide the SWDD with technical support and miscellaneous permit compliance support services related to the Class I landfill and C&D disposal facility on an as -needed basis. These services may include: • reporting required by the Multi -Sector Generic Permit for stormwater discharge; • assist the SWDD in finalizing the draft SWPPP that was completed and submitted to the SWDD in January 2016; • quarterly monitoring and reporting of the LFG monitoring wells located at the perimeter of the site and also in enclosed structures; • miscellaneous permit and compliance support services; • assistance with preparing annual budgets for the SWDD; • preparing agenda items for and attending the SWDD Board of County Commissioners meetings upon request; • quarterly methane readings as required by the Class I landfill permit; • sampling and reporting for additional monitoring wells and surface water for the C&D debris disposal facility depending on the results of the semi-annual and quarterly sampling and analytical testing; and • other services as needed. As part of these services, Geosyntec proposes to assist the SWDD with the evaluation and resolution of issues pertaining to the exceedances in select analytes of the C&D debris disposal facility and Class I landfill monitoring wells and surface sample sites should these issues arise. NCP2323548/JL23073 2024 Compliance Monitoring Proposal engineers I scientists I innovators 569 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 11 SCHEDULE Geosyntec will initiate work immediately upon receipt of Notice to Proceed (NTP) from the SWDD. The compliance reports required by each permit will be completed and submitted to the FDEP before the deadlines discussed above. Other technical and miscellaneous permit compliance support services will be provided on an as -needed basis. BUDGET ESTIMATE Geosyntec proposes to perform the above -referenced work on a lump sum basis for $296,305.68. A budget estimate for the scope of work outlined in Phases 1 through 6 of this proposal is summarized in the following table, and a detailed budget estimate is provided as Attachment 1. The budget estimate presented in this proposal is based on Geosyntec's understanding of the project requirements, our experience gained from executing similar tasks for the SWDD during 2007 and 2008 as well as 2020 through 2023, and experience with compliance monitoring, and reporting at similar facilities. Phase 1 — Project Management/Meetings $33,475.20 Phase 2 — Semi -Annual Sampling and Reporting $58,006.11 Phase 3 — Quarterly Assessment Monitoring and Reporting $84,443.10 Phase 4 — Storage Tank Monitoring Well Sampling and Reporting $51,283.17 Phase 5 — Title V Permit Compliance and Reporting $26,311.50 Phase 6— Technical and Miscellaneous Permit Compliance Support $42,786.60 TOTAL $296,305.68 Geosyntec will invoice the SWDD each month of the project on a lump sum, percent complete basis in accordance with our Agreement. Additional services or any significant change in the scope of work will be performed using the Rate Schedule included in our Agreement. Geosyntec will not exceed the budget estimate without prior approval and written authorization from the SWDD. NCP2323548/JL23073 2024 Compliance Monitoring Proposal engineers I scientists I innovators 570 Mr. Himanshu H. Mehta, P.E. 20 December 2023 Page 12 CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Badu-Tweneboah's attention. Please call either of the undersigned with questions you may have as you review this proposal. Sincerely, 4�� Cristina Graver, P.E. Senior Engineer Copies — Josh Udvardy, P.E. — Geosyntec Tim Copeland, Ph.D., P.E. — Geosyntec Ron T. Jones, BCEE — SWDD Attachment 1— Detailed Budget Estimate Kwasi Badu-Tweneboah, Ph.D., P.E. Senior Principal Engineer NCP2323548/JL23073_2024 Compliance Monitoring Proposal engineers I scientists I innovators 571 ATTACHMENT I BUDGET ESTIMATE 572 Table 2 BUDGET ESTIMATE 2024 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND CSD DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 02: SEMI-ANNUAL SAMPLING AND REPORTING ITEM BASIS RATE I QUANTITY ESTIMATED COST 11 A. Professional Services a. Senior Principal Hr $310 10 $3,100.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 24 $6,360.00 d. Project Professional Hr $235 35 $8,225.00 e. Professional Hr $207 16 $3,312.00 f. Senior Staff Professional Hr $184 130 $23,920.00 g. Staff Professional Hr $160 0 $0.00 h. CADD Computer System Subtotal Professional Services $44,917.0011 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $150 20 $3,000.00 c. Project Administrator Hr $90 8 $720.00 d. Clerical Hr $68 0 $0.00 Subtotal Technical/Administrative Services $3,720.0011 C. Reimbursables a. Field Vehicle Day $150 10 $1,500.00 b. Miscellaneous Supplies Day $50 10 $500.00 c. Communications Fee 3% Labor $0.03 $48,637 $1,459.11 d. Lodging Day $164 10 $1,640.00 e. Groundwater Sampling Kit (per sampler) Day $300 10 $3,000.00 f. Water Level Measurement Kit ( per sampler) Day $30 10 $300.00 g. Per Diem Da $55 10 $550.00 h. CADD Computer System Hr 1 $15 1 20 $300.00 i. 8"x11" Photocopies Each $0.12 500 $60.00 j. CADD Drawings Each $3 20 $60.00 Subtotal Reimbursables $9,369.11 TOTAL ESTIMATED BUDGET: PHASE 02 $58,006.11 JL22076/JL23073_2024 Compliance Monitoring Costing_F Geosyntec Consultants 573 Table 3 BUDGET ESTIMATE 2024 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 03: QUARTERLY ASSESSMENT MONITORING AND REPORTING ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $310 10 $3,100.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 40 $10,600.00 d. Project Professional Hr $235 70 $16,450.00 e. Professional Hr $207 20 $4,140.00 f. Senior Staff Professional Hr $184 204 $37,536.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $71,826.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $150 20 $3,000.00 c. Project Administrator Hr $90 0 $0.00 d. Clerical Hr 1 $68 1 8 $544.00 Subtotal Technical/Administrative Services $3,544.00 C. Reimbursables a. Field Vehicle Day $150 10 $1,500.00 b. Miscellaneous Supplies Day $50 10 $500.00 c. Communications Fee 3% Labor $0.03 $75,370 $2,261.10 d. Lodging Day 1 $164 8 $1,312.00 e. Groundwater Sampling Kit (per sampler) Day $300 8 $2,400.00 f. Water Level Measurement Kit ( per sampler) Day $30 8 $240.00 g. Per Diem Day $55 8 $440.00 h. CADD Computer System Hr $15 20 $300.00 i. 8"x11" Photocopies Each $0.12 1 500 $60.00 j. CADD Drawings Each 1 $3 1 20 $60.00 Subtotal Reimbursables $9,073.10 TOTAL ESTIMATED BUDGET: PHASE 03 $84,443.10 JL22076/JL23073_2024 Compliance Monitoring Costing_F Geosyntec Consultants 574 Table 4 BUDGET ESTIMATE 2024 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND CSD DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 04: STORAGE TANK MONITORING WELLS SAMPLING & REPORTING ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $310 15 $4,650.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 45 $11,925.00 d. Project Professional Hr $235 1 0 $0.00 e. Professional Hr $207 60 $12,420.00 f. Senior Staff Professional Hr $184 86 $15,824.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $44,819.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $150 12 $1,800.00 c. Project Administrator Hr $90 8 $720.00 d. Clerical Hr 1 $68 1 0 $0.00 Subtotal Technical/Administrative Services $2,520.00 C. Reimbursables a. Lodging Day $150 4 $600.00 b. Per Diem Day $55 4 $220.00 c. Communications Fee 3% Labor $0.03 $47,339 $1,420.17 d. CADD Computer System Hr $15 12 $180.00 e. Vehicle Rental & Fuel Day $150 10 $1,500.00 f. 8"x11" Photocopies Each $0.12 0 $0.00 g. CADD Drawings Each $3 8 $24.00 Subtotal Reimbursables $3,944.17 TOTAL ESTIMATED BUDGET: PHASE 06 $51,283.17 JL22076/JL23073_2024 Compliance Monitoring Costing_F Geosyntec Consultants 575 Table 5 BUDGET ESTIMATE 2024 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND CSD DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 05: TITLE V PERMIT COMPLIANCE AND REPORTING ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $310 6 $1,860.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 24 $6,360.00 d. Project Professional Hr $235 0 $0.00 e. Professional Hr $207 30 $6,210.00 f. Senior Staff Professional Hr $184 40 $7,360.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $21,790.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/Senior CADD Operator Hr $150 6 $900.00 c. Project Administrator Hr $90 4 $360.00 d. Clerical Hr $68 0 $0.00 Subtotal Technical/Administrative Services $1,260.00 C. Reimbursables a. Lodging Day $150 2 $300.00 b. Per Diem Day $55 2 $110.00 c. Communications Fee 3% Labor $0.03 $23,050 $691.50 d. CADD Computer System Hr $15 6 $90.00 e. Vehicle Rental & Fuel Day $150 2 $300.00 f. 8"x11" Photocopies Each $0.12 500 $60.00 g. CADD Drawings Each $3 20 $60.00 h. Subcontractor LS $1,500 1.1 $1,650.00 Subtotal Reimbursables $3,261.50 TOTAL ESTIMATED BUDGET: PHASE 04 $26,311.50 JL22076/JL23073_2024 Compliance Monitoring Costing_F Geosyntec Consultants 576 Table 6 BUDGET ESTIMATE 2024 COMPLIANCE MONITORING, REPORTING AND OTHER TECHNICAL SUPPORT SERVICES CLASS I LANDFILL AND C&D DEBRIS DISPOSAL FACILITY INDIAN RIVER COUNTY, FLORIDA PHASE 06: TECHNICAL MISCELLANEOUS COMPLIANCE SUPPORT SERVICES ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $310 30 $9,300.00 b. Principal Hr $287 0 $0.00 c. Senior Professional Hr $265 40 $10,600.00 d. Project Professional Hr $235 40 $9,400.00 e. Professional Hr 1 $207 0 $0.00 f. Senior Staff Professional Hr $184 50 $9,200.00 g. Staff Professional Hr $160 0 $0.00 Subtotal Professional Services $38,500.00 B. Technical/Administrative Services a. Designer Hr $165 0 $0.00 b. Senior Drafter/CADD Operator Hr $150 8 $1,200.00 c. Project Administrator Hr $90 8 $720.00 d. Clerical Hr 1 $68 1 0 $0.00 Subtotal Technical/Administrative Services $1,920.00 C. Reimbursables a. Lodging Day $150 2 $300.00 b. Per Diem Day $55 2 $110.00 c. Communications Fee 3% Labor $0.03 $40,420 $1,212.60 d. CADD Computer System Hr $15 8 $120.00 e. Vehicle Rental & Fuel Day $150 2 $300.00 f. 8"x11" Photocopies Each $0.12 200 $24.00 g. CADD Drawings Each $3 100 $300.00 Subtotal Reimbursables $2,366.60 TOTAL ESTIMATED BUDGET: PHASE 05 $42,786.60 JL22076/JL23073_2024 Compliance Monitoring Costing_F Geosyntec Consultants 577 ISBY SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: December 28, 2023 To: Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Amendment No. 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 the 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. @BCL@54143BA2 Page 1 of 2 578 SWDD Item 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 their major equipment and the timely submittal of their air permit, site plan permit and building permit. NED has successfully met these milestones in part. NED is now requesting 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. Other were requested by NED as well as the County; however, both parties have agreed to extend the agreement with a compensation of $60,000 to SWDD and to continue discussions in good faith to address Sections 3.1 and 3.2 of the agreement as they relate to the respective responsibilities of both parties. 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 with the understanding that further discussions and agreement is necessary to address respective responsibilities. 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. 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 NED has not achieved the LFG Commencement Date 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. Funding: No funding is requested in this agenda item, as this is a potential revenue project. Recommendation: Staff recommends that its Board approve Amendment No. 4 to Landfill Gas Agreement with Nopetro Eco District, LLC (NED) and; authorize the Chairman to execute the agreement after review and approval by the County Attorney as to form and legal sufficiency. Attachment: 1) Amendment No. 4 to Landfill Gas Agreement with NED, LLC @BCL@54143BA2 Page 2 of 2 579 AMENDMENT NO. 4 TO LANDFILL GAS AGREEMENT This Amendment No. 4 ("Amendment No. 4") to that certain Landfill Gas Agreement, (as amended and modified prior hereto, the "Agreement"), by and between the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida (the "District") and Nopetro Eco District, LLC, a Florida Limited Liability Company (the "Company" or "NED"), successor by assignment from Indian River Eco District, LLC (the "IRED"), is made and entered into as of , 2024 ("Effective Date"). The District and the Company are each a "Party" and collectively the "Parties". WHEREAS, the District and IRED entered into the Agreement dated as of July 16 2019 (the "Original Agreement") pursuant to which the District would deliver and IRED would accept, landfill gas from the District, which Original Agreement has been amended three times by the Parties: on July 14, 2020 ("Amendment No. 1"), May 18, 2021 ("Amendment No. 2") and December 20, 2022 ("Amendment No. Y); and WHEREAS, the Company and IRED entered into that certain Assignment and Assumption Agreement (the "Assignment") dated as of November 29, 2021 pursuant to which IRED assigned to the Company and the Company assumed all of IRED's rights and obligations under the Agreement; and WHEREAS, both Parties agree to extend the LFG Commencement Date and the LFG Termination Date by eight (8) months in consideration of an additional payment of $60,000.00. NOW, THEREFORE, in consideration of the promises, 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 add, amend and modify the Agreement and all prior amendments as follows: The above recitals are true, correct and describe the intent of the Parties concerning Amendment No. 4. The Parties agree that with this extension all prior claims of Force Majeure have been resolved and released, and further agree that no prior claim of Force Majeure can be raised as an excuse for future nonperformance. Company agrees to pay $60,000, due and payable within 30 days of the last signature of this Amendment No. 4, in exchange for the extension of time. Both Parties further agree that a matrix of responsibilities will be prepared and agreed upon in good faith with respect to sections 3.1 and 3.2. ARTICLE 2 - TERM, RENEWAL AND MILESTONES Section 2.1 is amended to read as follows (other clauses not referenced below will stay as written): Page 1 of580 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 earlier or extended in the manner as provided herein. The Parties herein agreed to the change of the LFG Commencement Date from June 30, 2024 to February 28, 2025, unless extended as provided herein (the "LFG Commencement Date"). This agreement is contingent upon the Company paying the District a pre -start-up fee of $60,000 upon 30 days of the Effective Date of this Amendment. The Parties herein also agreed to the change of the LFG Termination Date from September 30, 2024 to May 31, 2025, unless extended as provided herein (the "LFG Termination Date"). If the LFG Commencement Date has not occurred by May 31, 2025 (subject to extension by Force Majeure), Section 13.1 shall apply. Company shall meet the following milestones as a demonstrate n of their progress toward achieving the LFG Commencement Date an meeting the obligations of this Agreement: a) Groundbreaking shall occur by March 30, 2024. The above milestones shall be extended for any delays caused so ely by the District, acknowledged in writing by the District, or by an even L of Force Majeure, but only to the extent of and for the duration of any st ch delay. 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 ot met the LFG Commencement Date as set forth in Section 2. 1, the Company w ll pay the District $15,000 a month as liquidated damages and not as a penal for each month until the LFG Commencement Date has occurred or until the Agreement has terminated. If the LFG Commencement Date has not occurred by May 31, 2025 (ubject to extension due to Force Majeure), then this Agreement shall terminate and neither Party shall have any further rights, obligations, or liabilities h reunder, 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 uch other date as maybe extended due to Force Majeure), the Company provides r asonable evidence to the District that (i) the RNG Plant has been substantially built, as evidenced by site visits and/or photographic evidence, showing that d a plant is visible and substantially built, and (ii) the Company is taking active ste s 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 ea h month until the LFG Commencement Date has occurred. A. Delgy in Meeting Milestone. If the milestone listed in Section 2.1 is not met by P ge 2 U581 Company, then Company shall pay District as follows: i. $15,000 per month for not achieving the groundbreaking by March 30, 2024 (prorated for a partial month) until milestone is achie ed. Milestone Payments. The total amount of remedies is payable from Company to District within thirty (30) days of invoice from District to Comp ny. ARTICLE 16 -GENERAL TERMS Section 16.14 Notices is amended to update the contact information of the 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 Phone: (772) 226-1424 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 President 150 SE 2nd Avenue, PH1 Miami, Florida, 33131 Phone: (517) 712-4996 Fax: (305) 441-9085 Email: mwhitnevanonetrc Peter J. Sweeney Block & Scarpa 601 21St Street, Suite 401 Vero Beach, FL 32960 Phone: (772) 794-1918 Email: All other sections and contents of the Agreement shall remain the [Remainder of Page Intentionally Left Blank] as Vice 3 0582 IN WITNESS WHEREOF, District and Company hereto have executed this Amendment No. 4 as of the date first written above. Attest: By Owner: Ryan L. Butler, Clerk of Court and Comptroller Solid Waste Disposal District Indian River County, Florida By: Deputy Clerk Susan Adams, Chairman Date Approved by SWDD: Approved By: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency By: K. Keith Jackman, Assistant County Attorney By Company: NOPETRO ECO DISTRICT, LLC Print Name: Print Title: Print Date: Page 4 of583