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Home My WebLink About05/21/2024BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, MAY 21, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS Susan Adams, District 1, Chairman John A. Titkanich, Jr., County Administrator Joseph Flescher, District 2, Vice Chairman William K. DeBraal, County Attorney Joseph H. Earman, District 3 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Reverend Timothy Womack, First Presbyterian Church 3. PLEDGE OF ALLEGIANCE William K. DeBraal, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Marie Louise Ambrose Centennial Recognition Attachments: Proclamation 5.B. Presentation of Proclamation Indian River County Board Budget Attachments: Proclamation Honoring Carol Bergeron On Her Retirement From of County Commissioners Office of Management and J May 21, 2024 Page 1 of 6 5.C. Presentation of Proclamation Honoring James "Chip" Boyette On His Retirement From Indian River County Board of County Commissioners Public Works/Engineering Division Attachments: Proclamation 5.D. Presentation of Proclamation Designating May 18th Through May 24th As National Safe Boating Week In Indian River County Attachments: Proclamation 5.E. Proclamation Designating May 19-25, 2024 as National Travel and Tourism Week Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting of April 09, 2024 6.11. Regular Meeting of April 23, 2024 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA 8.A. Award of Bid No. 2024036, C.R. 512 & N. Broadway Street Drainage Restoration (IRC -2006) Attachments: Staff Report Sample Agreement 8.B. Amendment No. 1 to Work Order 22 with MBV Engineering, Inc., Trans -Florida Railway Trail from Fellsmere to W. of I-95 (IRC -2115) Attachments: Staff Report Amendment No. 1 to Work Order No. 22 8.C. Final Payment Including Release of Retainage for Bid No. 2022019 for Hallstrom Farmstead Parking Lot, Trail, and Restroom Construction Attachments: Staff Report JoBear, Inc. Pay Application #13 8.D. Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Section 5311 Grant Attachments: Staff Report PTGA Authorizing Resolution Grant Budget Form May 21, 2024 Page 2 of 6 8.E. Appointments to the Economic Opportunities Council of Indian River County, Inc. Attachments: Staff Report Ltr fm Angela Davis -Green to BCC, dated April 4, 2024 8.F. Approval to Submit an FWC Bulk Derelict Vessel Removal Grant Application Attachments: Staff Report FWC Bulk DV Grant 8.G. Environmental Health Fee Increase Attachments: Memorandum from Dept of Health Proposed EH Fees Revenue 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS 10.A.1. Local Option Gas Tax Distribution Percentages Attachments: Staff Report Code chapter 209.04 LOGT 2024 Chart Public Hearing Advertisement Sample Letter to Municipalities B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from K.Vanderbogart re: green space, planning Attachments: Request to Speak K. Vanderbogart 10.B.2. Request to Speak from Dr. Miles Conway, South Beach Property Owners Association, Inc. re: Public and BCC Provision of Pertinent Search Information, Candidate Profile, and Identification of Next County Attorney Attachments: Request to Speak M. Conway C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Information Technology Acceptable Use Policy Revision Attachments: Staff Report AM -1200.21 - Acceptable Use Final 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services May 21, 2024 Page 3 of 6 C. Human Resources D. Information Technology E. Natural Resources 12.E.1. Anchoring Limitation Area Update Attachments: Staff Report May 7, 2024 BCC Agenda Item 12. E.1 F. Office of Management and Budget G. Parks, Recreation, and Conservation H. Planning and Development Services 12.11.1. Waiver of Development Application and Inspection Fees for Affordable Housing Projects Attachments: Staff Report Fee Resolution I. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS 13.A. Service Agreement with Southeast Florida Behavioral Health Network for Administration of Opioid Class Action Lawsuit Settlement Fund Allocation Attachments: Staff Report SEFBHN Service Agreement 13.B. Approval of License to Occupy and Improve County Property located at 1235, 1239 and 1247 16th Street Attachments: Staff Report Aerial Photo Example of License 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 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 May 21, 2024 Page 4 of 6 A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of SWDD Special Call Meeting Minutes of March 20, 2024 15.B.2. Final Pay to Geosyntec for Work Order No. 2- Groundwater Monitoring/Reporting and RAPM No. 4 Pre -Injection Investigation and Design at the South Gifford Road Landfill Attachments: Staff Report Project Completion Report & Final Invoice 15.B.3. Renewal No. 4 with Tiger Inc for Sale and Purchase of Natural Gas Attachments: Staff Report Transaction Confirmation #4 with Tiger, Inc 15.B.4. Final Pay to Geosyntec for Work Order WO No. 3 - Title V Air Operation Permit Revision Application Attachments: Staff Report Project Completion Report & Final Invoice 15.B.5. Recommendation for Franchise Award for Solid Waste and Recyclables Collection Services (RFP#2024020) Attachments: Staff Report 15.B.6. Work Order No. 6 to Geosyntec for One Year of Groundwater Monitoring/Reporting at the Former South Gifford Road Landfill Attachments: Staff Report Geosyntec Work Order No 6 C. Environmental Control Board 16. ADJOURNMENT May 21, 2024 Page 5 of 6 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 5: 00 p.m., Thursday at 1: 00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. May 21, 2024 Page 6 of 6 ProcCamattm Marie Louise Ambrose Centennial Recognition Whereas, Marie Louise Doumar Ambrose was born May 27, 1924 in Brooklyn, New York and lived in both the Brooklyn Heights and Bay Ridge sections of Brooklyn; and Whereas, Louise decided to attend high school in Manhattan and upon graduation finished her education at Butler Business School. After graduation, Louise obtained a position in the payroll department of the General Electric Company and within a few years was promoted to a supervisory position; and Whereas, Louise married Stephen Ambrose, a musician travelling across the country playing saxophone and clarinet with the Big Bands in 1950. Shortly after, Louise and Steve settled down in Connecticut and spent 69 happy years together until Steve's passing a few years ago; and Whereas, Louise and Steve lived in Trumball, Connecticut and Venice, Florida. Louise was a stay-at-home Mom while their sons were young and had a successful second career in the accounting group at Fairfield University; and Whereas, When Steve passed away Louise moved to Vero Beach to be near her son Stephen and his wife Victoria. Louise feels blessed that this has allowed her to participate in family events with her five grandchildren and two great-grandchildren; and Whereas, Louise resides at Renaissance Senior Living in Vero Beach where she remains active in the arts, enjoys jewelry -making, painting, and participating in religious services held in the chapel. Louise also enjoys the numerous music concerts available to Renaissance residents, especially when they include some of the Big Band tunes Steve used to play. Now, IFierefore, be it Proclaimed by the Board of County Commissioners of Indian River County, FCorufa, that Mary Louise Ambrose is congratulated on reaching her 100th birthday, and the Board extends its sincere best wishes for many more happy years. Adopted this 21 st day of May 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss HONORING CAROL BERGERON ON HER RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS OFFICE OF MANAGEMENT AND BUDGET -Whereas, Carol Bergeron retires from Indian River County Office of Management and Budget effective June 28, 2024; and -Whereas, Carol began her career with the Indian River County Clerk of Circuit Court on April 18, 2005, as a Juvenile Court Specialist in the Felony Department until her promotion on August 17, 2005, to an Accounts Payable I Clerk in the Finance Department, and subsequent promotion on October 10, 2014, to an Accounts Payable II Clerk. On April 1, 2015, Carol began her position as Budget Support Specialist with the Indian River County Board of County Commissioners and remained in that position until her retirement, and -Whereas, Carol has served this County and Public with kindness, patience, diligence and selflessness, providing patrons and fellow coworkers with valuable information and help they were seeking during her 19 -year career in Indian River County; her work was appreciated by her employer, citizens, and co-workers alike; and wow, g erefore, be it Proclaimed by the Board of County Commissioners of Indian River County, FCoruda, that the Board applauds Carol's efforts on behalf of the County, and wishes to express their appreciation for the dedicated service she has given to Indian River County; and Be It Further Proclaimedthat the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 21St day of May, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Proc,CanzaMm HONORING JAMES "CHIP" BOYETTE ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS PUBLIC WORKS / ENGINEERING DIVISION -Whereas, James "Chip" Boyette retires from Indian River County Public Works/Engineering Division effective July 24, 2024; and ^W ereas, Chip began his career with Indian River County on April 12, 1993, as an Engineering Technician Il. Chip was promoted to a Project Specialist in 2001 and promoted again to an Engineering Inspection Supervisor in 2022, remaining in that position until his retirement after 31 years with the Engineering Division of Indian River County. He managed multiple small and large CEI projects, from building new roads and sidewalks to bridge construction. He has led a team of four inspectors through the developer site inspection permitting process with his experience and extensive knowledge as an Indian River County native. ^Whereas, over his tenure, Chip received many acknowledgements and commendations for his efforts, including the installation of the Round Island Park observation tower improvements, leading various hurricane debris removal teams, and the late 90's removal of the derelict vessel known as the "Genesee" from the former defense training site known in the 1940's as the US Naval Amphibious Training Base along south beach, whereby 227,580 pounds of various types of debris was removed from the beach area which included many different types of unexploded military ordinances; and -Whereas, Chip has served this County and Public with distinction and selflessness, providing patrons with valuable information and help they were seeking during his 31 -year career at the Indian River County Public Works/Engineering Division; his work was appreciated by his employer, citizens, and co-workers alike; and Now, ''Herefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board applauds James "Chip" Boyette efforts on behalf of the County, and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County; and Be It Further Proclaimed that the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this 21st day of May, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Proclamation DESIGNATING MAY 18TH THROUGH MAY 24TH AS NATIONAL SAFE BOATING WEEK IN INDIAN RIVER COUNTY -Whereas, for millions of Americans, including those in Indian River County, boating continues to be a popular recreational activity; and Whereas, during National Safe Boating Week, the U.S. Coast Guard and its federal, state, and local safe boating partners encourage all boaters to explore and enjoy America's beautiful waters safely and responsibly; and -Whereas, safe boating begins with preparation through basic Boating Safety Training, on procedures and equipment, as well as outing planning and preparation; and -Whereas, hundreds of people lose their life each year in boating -related accidents in the United States and it is estimated that the vast majority of all boating -related accidents are caused solely by human error or poor judgement and not by the boat, equipment, or environmental factors; and -Whereas, a significant number of boaters whose lives were lost by drowning would still be alive today if they had worn their life jackets. Now, Therefore, be it Proclaimeddy the Boardof County Commissioners of-Tv&An River County, Florida, do hereby proclaim the week of May 18th through May 24th, 2024 as "NATIONAL SAFE BOATING WEEK" with the renewal of a year-round effort to promote safe boating. We urge all those who are on the water to attend a Safe Boating Class, practice safe boating habits, and to wear a life jacket at all times while boating. Adopted this 21St day of May, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss ProcCamatio'm RECOGNIZING NATIONAL TRAVEL AND TOURISM WEEK MAY 19 - 25, 2024 Whereas, the Travel and Tourism Industry plays a critical role in Indian River County, the state of Florida, and the nation's economic prosperity; and Whereas, a robust Travel and Tourism Industry has provided significant economic benefit to the Nation, generating more than $2.8 trillion in economic impact, with $121.5 billion spent directly in Florida by out-of-state travelers; and -Whereas, the Travel and Tourism Industry provides over 2 million jobs within the State of Florida, and over 10 thousand in Indian River County, generating $16.3 billion in state and local taxes, with $655.5 million spent with our local businesses; and ' Whereas, approximately 80% of all travel and tourism -related businesses are small business owners who have depended on community support through visitors who contribute, on average, $333 million per day to Florida's economy; and -Whereas, the Travel and Tourism Industry in Indian River County powers major infrastructure improvements such as beach renourishment, Jackie Robinson Sports Training Complex, regional sports, ecotourism, and special events throughout the year; and -Whereas, the Indian River County Chamber of Commerce, who is the official Tourism arm for Indian River County, and the Indian River County Board of County Commissioners, have had a working relationship to promote tourism throughout the county for over thirty-five years; and -Whereas, the Indian River County Board of County Commission recognizes that the Travel and Tourism Industry is crucial to powering our community as an essential economic driver to spur growth for local business; and "-Whereas, the Travel and Tourism industry is a necessary and prominent component of everyday life and should be supported and protected. Wow, Therefore, be it ProcCaimed by the Board of County Commissioners of Indian River County, ,Florida, that the week of May 19 - 25, 2024, is recognized as National Travel and Tourism Week in Indian River County, Florida, and encourages all citizens of the county to join us in recognizing the critical role this industry plays in our county and throughout the state of Florida. Adopted this 21 st day of May 2024. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss Tourism in Indian River County *reporting is on 2022 final numbers/2023 wilt be available in late 2024 Presented by Ben Earman, VP of Tourism & Marketing May 21, 2024 -.N RIVER -HAMBER OF COMM: RCE EST. 1422 -- What is a Visitor? ,.. INDIAN RI11,,1 �!*1 S COUNTY, FL L�La54ERE • Someone who comes from over 50 miles from their common evening location. • Stayed for more than two hours • Visited of least one tool in the County. Ben Earmon, VP of Tourism & MarhetingI \�! ��" bearrnon@visitindionrivercounty.com —"+MD X N RIVER • .,4C0UNTY, F! .ocat Visitor Spending 0 Tn'visitor spending compared to 2021 Average visitor Spending $205 Ben Earman, VP of Tourism & Marketingi bearmon@visitindionrivercounty.com oca! Economic Impact :ording to Rockport Analytics, Bureau of Economic Analysis and Visit Florida $655.5M ID in visitor Spending "* INDIAN RIVER ,'COUNTY, FL N RIVER Ben Earman, VP of Tourism & Marketing v''� �1 bearman@visitindionrivercounty.com OUNTY, LocalTaxes *According to Visit Florida & State of Florida Governors Office $1 ?840 is how much Florida residents save in taxes each year due to Tourist Tax. Ben Earman, VP of Tourism & Morketingi bearman@visitindionrivercounty.com $0 is how much Fiorido residents pay in State Income Tax. *Florida is one of only nine states with no state income tax "INDIAN RIVER W ��risemen s ExploreFloritltis " Fl, `A 6e�t-kept secret 10 f of '.i;lt ind ow Rllvcll ad eampc;,rj I ot15e Book now _. I N b # s DIVER CUUNI Y •� 5EBASTIAN • rEEISMER£ �.R 1 f G ry R 26M U pwtl 6 A D 1 •�R (� r14 S Ke+49(rve a Ga-Cenf V i Atill �yww.Vsl nBanRiverCoi.nt; ;:gym _,`�`.dii �! Ben Earman, VP of Tourism & Morhetingl bearman@visitindionrivercounty.com (10iiIV0 CHILLS INSPIRE. I _.r`. 4opt.; ,�� T ams Thank You.' .j� CHAMBER I _.r`. 4opt.; ,�� T ams Thank You.' .j� CHAMBER • INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kirstin Leiendecker, P.E., Acting Public Works Director Mark Winslow, P.E., Project Engineer FROM: Jill Williams, Contract Support Specialist SUBJECT: Award of Bid No. 2024036 C.R. 512 & N. Broadway Street Drainage Restoration (IRC -2006) DATE: April 29, 2024 DESCRIPTION AND CONDITIONS The drainage pipe and structures located within the C.R. 512 and N. Broadway Street right-of-way in the City of Fellsmere have been constructed in the 1950's and require restoration due to age, debris, storm events, etc. The project will include surveying, dewatering, cleaning, and performing closed circuit television (CCTV) inspection of 8,834 linear feet of drainage pipe and associated drainage structures. A bid opening for the project was held on April 24, 2024. As summarized below, four (4) responsive bids were received and opened during a public meeting. A detailed bid tabulation is on file and available for viewing in the Public Works Engineering Division. Bid totals are as follows: COMPANY BID AMOUNT Southeast Services of the Treasure Coast, Inc. $215,234.70 Vero Beach, FL Shenandoah General Construction, LLC $395,947.00 Pompano Beach, FL Environmental Land Development, Inc. $431,011.00 Fort Pierce, FL Hinterland Group, Inc. $485,653.00 Riviera Beach, FL Southeast Services of the Treasure Coast, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $215,234.70, which is $147,007.30 or 59.42%, below the Cost Estimate of $362,242.00. Southeast Services of the Treasure Coast, Inc. has completed various projects for the County in the past. 6 Award of Bid No. 2024036 C.R. 512 & N. Broadway Street Drainage Restoration (IRC -2006) For May 21, 2024 BCC Meeting FUNDING Funding for this project, in the amount of $215,234.70, is budgeted and available from the following account: Account Description Account Number Amount Optional Sales Tax/CR512 & N Broadway Pipe Replacement 31521441-066510-24002 $215,234.70 COMMENDATION Staff recommends the project be awarded to Southeast Services of the Treasure Coast, Inc. in the amount of $215,234.70. Staff further recommends the Board approve the sample agreement and authorize the Chairman to execute said agreement after review and approval of both the agreement and required Public Construction Bond by the County Attorney as to form and legal sufficiency, and the receipt and approval of required insurance by the Risk Manager. ATTACHMENTS Sample Agreement AGENDA ITEM FOR MAY 21, 2024 CAGr=icu \L.egistar5\L5\Temp\9cc 12c82-e50746e2-a58f-e6fe5d1827b9.dmx 7 65a9c8e7-74f8-4119-a06b-e147d55af14f Sample Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK AND PROJECT CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The work includes, but is not limited to, providing all labor, supervision, equipment, materials, transportation, fuel, pollution prevention and maintenance of traffic, to dewater, clean, and perform closed circuit television (CCTV) inspection for 8,834 Lineal Feet of drainage pipe, and associated drainage structures located within the County Road 512 and N. Broadway St. right-of-way in the City of Fellsmere. 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: C.R.512 Drainage Restoration — Fellsmere (IRC -2006) Bid Number: 2024036 Project Address: City of Fellsmere on C.R. 512 and N. Broadway St. ARTICLE 2 — TERM The term of this agreement is... ARTICLE 3 - CONTRACT TIMES 3.01 Time of the Essence 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. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment The Work will be completed and readyforfinal payment on or before the 180th day after the date when the Contract Times commence to run. 3.03 Liquidated Damages CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the 65a9c8e7-74f8-4119-a06b-e 147d 55af14f actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,685.00 for each calendar day that expires after the time specified in paragraph 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 4.01.A and summarized in paragraph 4.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as Exhibit 1. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract Documents: Numerical Amount: Written Amount: ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until substantial completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $10 million, at the time the Owner is in receipt of the Certificate of Substantial Completion, the Owner shall have 30 calendar days to provide a list to the Contractor of items to be completed and the estimated cost to complete each item on the list. Owner and Contractor agree that the Contractor's itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, owner shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide contractor with said list. C. Within 20 business days following the creation of the list, Owner shall pay Contractor the remaining contract balance including all retainage previously withheld by Owner except for an amount equal to 150% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list, the Contractor may submit a payment request for the amount of the 150% retainage held by the Owner. If a good faith dispute exists as to whether one or more of the items have been finished, the owner may continue to withhold the 150% of the total cost to complete such items. The owner shall provide Contractor written reasons for disputing completion of the list. 5.02 Pay Requests. 9 65a9c8e7-74f8-4119-a06b-e 147d 55af14f A. Each request for a progress payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 5.03 Paragraphs 5.01 and 5.02 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 5.04 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the 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 10 65a9c8e7-74f8-4119-a06b-e 147d 55af14f 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. 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 8 - CONTRACT DOCUMENTS 8.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Public Construction Bond; (4) Certificate(s) of Liability Insurance; (5) Invitation to Bid 2024036; (6) Addenda (numbers to , 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; 11 65a9c8e7-74f8-4119-a06b-e 147d 55af14f (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 9 - MISCELLANEOUS 9.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 12 65a9c8e7-74f8-4119-a06b-e147d55af14f (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 Countyall public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 180127 1h Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article 10: 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; 13 65a9c8e7-74f8-4119-a06b-e 147d 55af14f (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION FOR CONVENIENCE: OWNER may at any time and for any reason terminate CONTRACTOR's services and work for OWNER's convenience. Upon receipt of notice of such termination CONTRACTOR shall, unless the notice directs otherwise, immediately discontinue the work and immediately cease ordering of any materials, labor, equipment, facilities, or supplies in connection with the performance of this Contract. Upon such termination Contractor shall be entitled to payment only as follows: (1) the actual cost of the work completed in conformity with this Contract and the specifications; plus, (2) such other costs actually incurred by CONTRACTOR as are permitted by the prime contract and approved by the OWNER. Contractor shall not be entitled to any other claim for compensation or damages against the County in the event of such termination. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector 14 65a9c8e7-74f8-4119-a06b-e 147d 55af14f 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. 15 65a9c8e7-74f8-4119-a06b-e 147d 55af14f IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on , 20_ (the date the Agreement is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Bv: William K. DeBraal, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Kirstin Leiendecker, P.E. Title: Acting Public Works Director Address: 180127 1h St., Bldg. A, Vero Beach, FL 32960 Phone: (772) 226-1384 Email: kleiendecker@indianriver.gov By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 16 �10 TO: INDIAN RIVER COUNTY, FLORIDA MEMORANDUM Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kirstin Leiendecker, P.E., Acting Public Works Director Mark Winslow, P.E., Project Engineer FROM: Jill Williams, Contract Support Specialist SUBJECT: Amendment No. 1 to Work Order 22 with MBV Engineering, Inc. Trans -Florida Railway Trail from Fellsmere to W. of 1-95 (IRC -2115) DATE: May 2, 2024 DESCRIPTION AND CONDITIONS On August 7, 2021, the Board of County Commissioners approved Work Order No. 22 to MBV Engineering, Inc. This work order tasked them with preparing civil design plans for a 1.4 -mile segment of the Trans -Florida Railway Trail extending from the trail overpass west of 1-95. The Plan entailed the construction of an asphalt paved trail, similar in design to the existing trail built in 2018. The approved amount for Work Order No. 22 totaled $84,750.00. Following bid and award, construction commenced on January 8, 2024, and as the project progressed into construction, unforeseen field conditions, not evident during the design process, required design revisions by the Engineer of Record. These conditions included areas of muck that required back fill and drainage adjustments. Additionally, staff requested modifications to extend the trail westward to facilitate integration with another section of the trail, the City of Fellsmere will be constructing. Amendment No. 1 to Work Order No. 22 in the amount of $5,500.00 is for the re -design and extension of the trail. The new total of Work Order No. 22 will be $90,250.00. FUNDING Funding is budgeted and available from Account No. 31521441-066510-21035/Optional Sales Tax/Trans Florida Railway Trail in a not -to -exceed amount of $5,500.00. RECOMMENDATION Staff recommends the Board of County Commissioners approve Amendment No. 1 to Work Order No. 22 in a not -to -exceed amount total of $5,500.00 with MBV Engineering, Inc. and authorize the Chairman to execute the same. ATTACHMENTS Amendment No. 1 to Work Order No. 22 APPROVED AGENDA ITEM FOR MAY 21, 2024 C:\Granicus\Legistar5\L5\Temp\bffdfc54-ffOd-4bf1-967c-Oa 71c745a353.docx 17 t t i AMENDMENT 1 TO WORK ORDER 22 IRC -2115 RAILS TO TRAILS 1.4 MILE EXTENSION OF THE HISTORIC TRANS -FLORIDA RAIL TRAIL This Amendment 1 to Work Order Number 22 is entered into as of this _ day of , 2024, pursuant to that certain Continuing Contract Agreement, dated April 17, 2018, renewed and amended as of May 18, 2021 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and MBV ENGINEERING, INC. ("Consultant"). 1. The COUNTY has selected the Consultant to perform the professional services set forth in existing Work Order Number 22, Effective Date August 17, 2021. 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Scope of Work) attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant for the fee schedule set forth in Exhibit B (Fee Schedule), and within the timeframe more particularly set forth in Exhibit C (Time Schedule), all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is amended as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment 1 to Work Order 22 as of the date first written above. CONSULTANT: MBV ENGINEERING, INC. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Title: By: Susan Adams, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 18 EXHIBIT A — SCOPE OF WORK County staff has requested revisions be made to approved plans based on field conditions that were not evident from the design information provided to the consultant. These include areas of muck that required back fill and sections of the trail that were sloped in the opposite direction to provide better drainage. In addition, it is our understanding that the COUNTY intends to extend the portion of the trail approximately 20; feet west, to tie in with the end of another section of trail being designed for the City of Fellsmere under another consultant. It is also understood that this extension is within the limits of the project as detailed on'� the FDOT LAP grant and shall require no further permitting with any other than coordination with the County, FDOT, SJRWMD and the City of Fellsmere. Therefore, MBV proposes to revise the construction plans to provide for these revisions and provide both one (1) hard and pdf sets to the COUNTY for distribution. EXHIBIT B — SCHEDULE Upon authorization to proceed by the COUNTY, the above described services will be provided based on the following schedule: • Revised Construction Plans 10 working days from the issuance of Notice to Proceed or receipt of additional survey EXHIBIT C — DELIVERABLES The CONSULTANT shall provide the COUNTY with the following at the designated milestones: • Initial set of construction plans for review with County. • Final construction drawings - one (1) set in 24"x36" format and one (1) set in pdf format. EXHIBIT D — FEE SCHEDULE The COUNTY agrees to pay, and the CONSULTANT agrees to accept for services rendered, pursuant to this Agreement, the fee of $5,500, inclusive of expenses. ADDITIONAL SERVICES When required by the COUNTY or the Contract Documents, where circumstances exist beyond the Consultant's control, Consultant shall provide or obtain from others, as circumstances required, those additional services not listed as part of the Work Order, the Consultant shall notify the COUNTY promptly prior to commencing said Additional Services, and if agreed upon, will be paid for by COUNTY in accordance with the Master Agreement, Professionals and vendor intended to provide additional services shall first be approved by the COUNTY, in writing, by the COUNTY's Project Manager. The COUNTY has selected the Consultant to perform the professional services set forth on this Work Order. The professional services will be performed by the Consultant for the fee schedule set forth in this Work Order. The Consultant will perform the professional services within the timeframe more particularly set forth in this Work Order 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. 19 IWI E10M 1 I D 43%, BCC Meeting 05-21-2024 � r INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Conservation Lands Division Date: May 1, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Beth Powell, Parks, Recreation & Conservation Director From: Wendy Swindell, Conservation Lands Manager Subject: Final Payment Including Release of Retainage for Bid No. 2022019 for Hallstrom Farmstead Parking Lot, Trail, and Restroom Construction BACKGROUND: The Hallstrom Farmstead Conservation Area was purchased in 2002 with cost -share assistance from the Florida Communities Trust (FCT). The 93 -acre site is located on Old Dixie Highway, approximately one mile south of the intersection at Olso Road. Among the site-specific conditions within the cost -share Agreement between FCT and the County are development of outdoor recreation facilities, strategic location of a parking area, and completion of a survey to assess for cultural The County received a Florida Department of Environmental Protection Land and Water Conservation Fund (LWCF) grant in the amount of $148,500 towards the construction of trails, pavilions, parking, and a wetland boardwalk on the site. The LWCF grant (LW695) was executed on February 21, 2019. The construction of the boardwalk was awarded by the Board of County Commissioners (BCC) on January 11, 2022, and construction was completed by Underwater Engineering Services, Inc. in August 2022 (Bid No. 2022013). The cultural resource assessment was completed by Advanced Archaeology in February 2022 to provide assurance that the construction of amenities would not adversely affect any archaeological resources. The report did not identify any issues affecting proposed construction on the Hallstrom Farmstead site. DESCRIPTION AND CONDITIONS: On March 2, 2022, the BCC awarded Bid No. 2022019 for the construction of parking lot, trails, and restroom facilities to JoBear Contracting, Inc. The original contract price for this work was $912,614.90. Following an approved change order, in the amount of -$8,785.73, the final contract price for this work was $903,829.17. The project has been completed and approved by the County Building Department. JoBear Contracting, Inc. is requesting payment in the amount of $64,978.33 (Pay Application No. 13) which includes final payment, as well as the release of retainage. 20 FUNDING: Funding, in the amount of $20,828.29, will come from the Optional Sales Tax/Parks/Hallstrom Farmstead Conservation Area account, number 31521072-066510-19027, along with the release of retainage, in the amount of $44,150.04 from the Optional Sales Tax/Retainage/Hallstrom Farmstead — JoBear Contracting account, number 315-206000-19027, for a total amount of $64,978.33. Account Description Account Number Amount Optional Sales Tax/Parks/Hallstrom Farmstead Conservation Area 31521072-066510-19027 $20,828.29 Optional Sales Tax/Retainage/Hallstrom Farmstead — JoBear Contracting 315-206000-19027 $44,150.04 Total Payment $64,978.33 RECOMMENDATION: Staff respectfully requests approval of Payment Application No. 13, in the amount of $64,978.33, to JoBear, Inc., which will release any further obligations of the County from the Contractor. ATTACHMENTS: JoBear, Inc. Payment Application No. 13 APPROVED AGENDA ITEM FOR MAY 21, 2024 21 M o N � v � U 4 Y Q O o u z O� d = 8 O •o p� 0 O F Lt u O U0 'L P C A a � � � PH V5 � H H ❑ C U m U 4 Y � O o T � am 8 •o p� 0 F P P 'L P C a � � PH V5 � H H ❑ H H o H H H H H OMO H H N H H H H i i i i i i = i O i t s e i o E a = s opo 03•=9 m` ¢eu pp o � N 'v U C �,7 O■ F z pC C .m M z° Q G ¢ C U m U 4 N � O o u O m T •o p� 0 0 P P P u p a � PH V5 � H H ❑ H H o H H H H H OMO H H N H H H H i i i i i i = i O i t s e i o E a = s opo 03•=9 m` ¢eu pp G U C U O■ pC C .m V F w•i7¢ o m ate" z �T W J r o z z z u= G i F ? 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Titkanich, Jr., County Administrator PREPARED BY: Mark Vietze, MPO GIS Planner DATE: May 8, 2024 SUBJECT: Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Section 5311 Grant It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of May 21 St, 2024. DESCRIPTION & CONDITIONS Each year, Indian River County receives transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine) and demand -response service (Community Coach). At this time, FDOT has allocated $180,000 in leftover FY 2022/23 Section 5311 funds to the county. In this case, the grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $90,000 from the state Public Transportation Block Grant and $90,000 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. In order to receive these funds, the BCC must enter into a Public Transportation Grant Agreement (PTGA) with FDOT, a copy of which is attached to this staff report (Attachment 1). ANALYSIS The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also eligible to receive transit funding through the Section 5311 (Rural Area) grant program. C:\Granicus\Legistar5\L5\Temp\cabb5bdf-8ecb-42ef-a7c5-c9f95417flc5.docx 26 The attached resolution (Attachment 2) authorizes the Chairman of the Board of County Commissioners to execute the PTGA for Formula Grants for Rural Areas funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, County staff will transmit the PTGA to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service to rural areas of the county. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. FUNDING Funding in the amount of $90,000 will be budgeted and available for FY 23/24 the General Fund /Community Transportation Coordinator/SRA, Acct# 0011041-088230-54001. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. FDOT Public Transportation Grant Agreement 2. Authorizing Resolution 3. Grant Budget Form C:\Granicus\Legistar5\L5\Temp\cabb5bdf-8ecb-42ef-a7c5-c9f95417flc5.docx 2 27 Financial Project Number(s): (Rem -segment -phase -sequence) 454672-1-84-23 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Forth 725-000-01 STRATEGIC DEVELOPMENT OGC 07/22 DU, LF FLAIR Category: 088774 Work Activity Code/Function: 215 Object Code: Federal Number/Federal Award 1001 - Identification Number (FAIN) — Transit only: 2023-4 Federal Award Date: 20.509 Agency SAM/UEI Number: Section 5311 Formula Grants for Rural Areas N/A N/A 780000 Org. Code: 55301000943 Vendor Number: 1`59600067402 4/ZOIZUY4 FB3SLJJZ38K9 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and the Indian River County Board of County Commissioners, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.000, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in operating assistance to continue the fixed route service to Fellsmere, FL via Goline Route 10, as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions X *Exhibit B2: Advance Payment Financial Provisions *Exhibit B3: Alternative Advanced Pay (Transit Bus Program) _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit F: Contract Payment Requirements 28 Page 1 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc07/22 _ *Exhibit G: Audit Requirements for Awards of State Financial Assistance X *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through April 30, 2026. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. 29 Page 2 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 07/22 e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: a. The estimated total cost of the Project is $360,000. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $180,000 and, the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project, and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's 30 Page 3 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07/22 Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. L Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. 31 Page 4 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07122 j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. 1. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. n. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project 32 Page 5 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGc 07/22 Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. —Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms 33 Page 6 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ 07/22 and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors 34 Page 7 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07/22 and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. iii. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. i. The terms shall remain in full force and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by 35 Page 8 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07122 Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F - Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F - Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a)dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F - Audit Requirements. 36 Page 9 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 07122 v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTS ingleAudit@dot.stateftus State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: 37 Page 10 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 07/22 In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a)_dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTS ingleAud it(abdot.state.fl. us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(@aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as 38 Page 11 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT EVELOPMENT GRANT AGREEMENT OGc 07/22 applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 39 Page 12 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT occ 07/22 c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall L Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Executive Order 20-44. Pursuant to Governor's Executive Order 20-44, if the Agency is required by the Internal Revenue Code to file IRS Form 990 and is named in statute with which the Department must form a sole -source, public-private agreement; or through contract or other agreement with the State, annually receives 50% or more of its budget from the State or from a combination of State and Federal funds, Recipient shall submit an Annual Report to the Department, including the most recent IRS Form 990, detailing the total compensation for each member of the Agency executive leadership team. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Agency shall inform the Department of any changes in total executive compensation during the period between the filing of Annual Reports within 60 days of any change taking effect. All compensation reports shall detail the percentage of executive leadership compensation received directly from all State and/or Federal allocations to the Agency. Annual Reports shall be in the form approved by the Department and shall be submitted to the Department at fdotsingleaudit@dot.state.fl.us within 180 days following the end of each tax year of the Agency receiving Department funding. L Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: 40 Page 13 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 07122 a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of 41 Page 14 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 07122 the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. 42 Page 15 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 07/22 e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above. AGENCY the Indian River County Board of STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION County Commissioners By: By: Name: John P. Krane, P. E. Name: Title: Director of Transportation Development Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 43 Page 16 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT EXHIBITS OGC 07122 EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Continuity of fixed route service to Fellsmere, FL via GoLine Route 10. B. Project Location (limits, city, county, map): Indian River County C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): GoLine Route 10 will continue to provides service to the rural community of Fellsmere, FL. Service hours for GoLine will remain the same from 6:00 AM to 7:00 PM for weekdays. Saturday service hours will remain from 8:00 AM to 5:OOPM. D. Deliverable(s): Number of Trips Provided. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 44 Page 17 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Fonn 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 07/22 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFA/CFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number $180,000 $180,000 Year Travel Number $0 $0 454672-1-84-23 DU 088774 2024 78000 20.509 Section 531 Formula Grants For the Rural $180,000.00 $0 $0 $0 Totals $0 $180,000 Area $360,000 LF General Fund $180,000.00 Total Financial Assistance $360,000.00 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $0 $180,000 $180,000 $360,000 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $0 $180,000 $180,000 $360,000 " Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. Scope Code and/or Activity 300901 Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Marie Dorismond Department Grant Manager Name Signature Date 45 Page 18 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 07122 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 46 Page 19 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC ! DEVELOPMENT f GRANT AGREEMENT EXHIBITS Occ 07/22 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Section 5311: Formula Grants for Rural Areas) This exhibit forms an integral part of the Agreement between the Department and the Agency. The Agency, as the "sub recipient", shall comply with the following requirements: 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. 5311) and Section 341.051(1)(a), F.S. 2. Prevention Programs. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40. 3. Adherence to Certifications and Assurances. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. 4. FTA Compliance. The Section 5311 subrecipient shall at all times comply with all applicable Federal Transit Administration ("FTA") regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Department and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute a material breach of this contract. 5. Charter Operation. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d), (r) and 49 CFR 604, which provide that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 6. Exclusive Operation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR 605, the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. 7. Buy America. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR 661, if using the funds granted under this Agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. 8. Water Pollution Control. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq., as amended, if the agreement exceeds $100,000. 9. Anti -Lobbying. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352(b)(5). 10. Bonding Requirements. If this Agreement is for a construction Project over $150,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. 11. Clean Air Act. The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq., as amended, if this Agreement exceeds 47 Page 20 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 07122 $150,000. 12. Resource Conservation and Recovery Act (RCRA). The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), 49 U.S.C. 6962, as amended, including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. 13. Davis -Bacon and Copeland Anti -kickback. The 5311 subrecipient agrees to comply with the Davis -Bacon and Copeland Anti -kickback Acts as codified at 40 U.S.C. 3141 et seq. and 18 U.S.C. 874 for any agreement exceeding $2,000. 14. Contract Work Hours and Safety Standards. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq. 15. Transit Employee Protective Agreements. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 49 U.S.C. 5333 and 29 CFR 215. 16. Compliance with FTA Terms and Conditions. The 5311 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any Department requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. 17. Annual Safety Certification. In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification stating that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan, and has performed annual safety inspections of all buses operated. 18. Budget/cost analysis. The Agency will assist the Department by providing accurate information for the Department to create a budget/cost analysis in accordance with Section 216.3475, F.S. 19. Non -urbanized area. The Agency will provide the methodology for determining the non -urbanized area portion of their service prior to submitting the first invoice. The Agency will submit an updated methodology once per year. 20. Attorney certification. The Agency will submit an attorney certification prior to submitting the first invoice and once yearly thereafter for goods or services procured under this Agreement in accordance with Chapter 287, F.S. 21. Public Body Non -CTC Recipients. An Agency may receive 5311 funds when the Community Transportation Coordinator in the county is a private -for-profit entity. When the Agency accepts the 5311 funding, enters into a contract/PTGA with the Department, and the contracts with the Community Transportation Coordinator to provide rural general public transportation in the same service area in which the Community Transportation Coordinator is providing non -sponsored trips for the Commission for the Transportation Disadvantaged, then the non -sponsored human service transportation grant funds will be considered as eligible match for the 5311 funds. The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all the requirements associated with the federal funds. The Agency will be responsible for ensuring that all dollars provided as match were for public transportation eligible trips. The Agency must keep financial records that substantiate the eligibility for the match being provided and make that documentation available to the Department on request. 22. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. 48 Page 21 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 07/22 This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Department programs. -- End of Exhibit E -- 49 Page 22 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 07/22 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/ManuaIs/documents/ReferenceGuideforStateExpenditures.pdf. 50 Page 23 of 24 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occ07/22 EXHIBIT H AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.509 CFDA Title: Formula Grants for Rural Areas *Award Amount: $180,000 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for R&D: No *The federal award amount may change with amendments **Research and Development as defined at 2 CFR §200.87 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.ecfr.gov FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code hftp://uscode.house.gov/browse.xhtmI Title 49 — Transportation, United States Code hftp://uscode.house.gov/browse.xhtmI Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the "Bipartisan Infrastructure Law") https://www.congress.gov/117/bills/hr3684/B ILLS-117hr3684enr. pdf Federal Highway Administration — Florida Division www.fhwa.dot.gov/fldiv Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) www.fsrs.gov 51 Page 24 of 24 RESOLUTION NO. 2024 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County has the authority to apply for and accept grants and make purchases and/or expend funds pursuant to grant awards made by the Florida Department of Transportation as authorized by Chapter 341, Florida Statutes and/or the Federal Transit Administration Act of 1964, as amended; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $180,00 in FY 2022/23 Formula Grants for Rural Areas (Section 5311) funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Indian River County Planning and Development Services Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Rural Area Formula Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , 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 Page 1 of 2 52 RESOLUTION NO. 2024 - The Chairman thereupon declared the Resolution duly passed and adopted this 21" day of May, 2024. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: William K. DeBraal County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Susan Adams, Chairman Page 2 of 2 53 GRANT NAME: 49 USC Ch. 53, Section 5311 (Formula Grants for Rural Areas) GRANT #: NA AMOUNT OF GRANT: $180,000 DEPARTMENT RECEIVING GRANT: Community Development (pass through to Senior Resource Association) CONTACT PERSON: Mark Vietze PHONE #: (772,,) 226-1222 1. How long is the grant for? One Year Starting Date: October 1. 2024 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % 5. Grant match amount required: $ 180.000.00 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Match consists of $90.000.00 in County funds already budgeted for public transportation and $90.000.00 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages (PT) 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $90.000.00 54 Grant Amount Other Matching Costs Match Total First Year $180,000.00 $ $90,000.00 in local funds & $90,000.00 in FDOT grants $360,000.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ 1 $ $ 54 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney Ofce of INDIAN MEMORANDUM �C Consent Agenda 05/21/2024 RIVER COUNTY TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: William K. DeBraal, County Attorney DATE: May 9, 2024 ATTORNEY SUBJECT: Appointments to the Economic Opportunities Council of Indian River County, Inc. The Economic Opportunities Council of Indian River County, Inc. ("EOC") is a non-profit corporation in Indian River County. Since the EOC receives Community Services Block Grant funds, pursuant to 42 USC §9910, the EOC must have 1/3 of the members of its board who are elected officials or their representatives. The Board of County Commissioners satisfies the statutory requirement by appointing representatives to serve on the EOC board. On April 4, 2024, the Board received a letter from EOC requesting the reappointment of Teddy Floyd, Jeanette Anderson and Leonard Frankel to the EOC. The EOC has also requested the appointment of Valia Rich. Please be advised that all of the appointments will renew annually at the same time. RECOMMENDATION. The County Attorney recommends that the Board reappoint Teddy Floyd, Jeanette Anderson, Leonard Frankel and appoint Valia Rich to the Economic Opportunities Council of Indian River County, Inc. ATTACHMENT. Letter from Angela Davis -Green to Board of County Commissioners, dated April 4, 2024 55 April 4, 2024 -"- utifftEs COUNCIL Inspiring & Empowering Families Board of County Commissioners 180127th Street Vero Beach, FL 32960 Dear Commissioners, 2455 St. Lucie Avenue Vero Beach, FL 32960 772-562-4177 VAvw.eocofirc.net The Economic Opportunities Council of Indian River County, Inc. (EOC) is the federally designated Community Action Agency for Indian River County. Chartered in 1965, EOC has provided services to low-income, county resident for over 50 years. As the Commission may know, Community Action Agencies are the local grantees for the Community Services Block Grant, and operate under the Community Services Block Grant Act 1998 Reauthorization, P. L. 105-285. Required by legislation is a tripartite board structure; one- third elected officials, or their designees, one-third low-income representatives, and one-third members of the private/business community. EOC is required to document commission's appointments to its board. In past years, Commissioners schedule have not allowed for direct participation and have appointed designees to serve in their place. EOC respectfully request consideration of the following individual to appointment for a one-year term: Teddy Floyd Jeanette Anderson Leonard Frankel Valia Rich EOC appreciates your support, looks forward to working together and helping those within our community who live in poverty, and moves towards self-sufficiency. Sincerely, y�kr_�D lv4'' Angela Davis -Green Executive Director LIVE UNITED United Way of Indian Rivcr Countv FLORIDA DEPARTMENT) ECONOMIC OPPORTUNrrY - 56 7 Consent INDIAN RIVER COUNTY, FLORIDA IIAMto] :Z1►Ibill til TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Eric Charest, Interim Natural Resources Director FROM: Melissa Meisenburg, Senior Lagoon Environmental Specialist SUBJECT: Approval to Submit an FWC Bulk Derelict Vessel Removal Grant Application DATE: May 10, 2024 DESCRIPTIONS AND CONDITIONS The Florida Fish and Wildlife Conservation Commission (FWC) has authorized the removal of five (5) derelict vessels from the Indian River Lagoon within the jurisdiction of Indian River County. Officers from FWC have investigated the vessels and determined the vessels as derelict in accordance with sections 705.101(3) and 823.11, Florida Statutes. The derelict designation from FWC allows for the vessels to be removed and properly disposed of, improving boating safety and removing these hazards to navigation and the environment. Outlaw Maritime, LLC has provided a cost proposal to the County of $33,600.00 to remove and dispose of the five (5) authorized derelict vessels following FWC best management practices. Staff has prepared an FWC Bulk Derelict Vessel Grant application providing detailed information on the proposed removal tasks. The FWC Bulk Derelict Vessel Removal Grant is a reimbursement grant for 100% of the costs associated with the cost of derelict vessel removal. FUNDING The cost to remove and dispose of the five (5) derelict vessels totals $33,600.00. If awarded, the FWC Bulk Derelict Vessel Removal Grant will provide the County with 100% reimbursement of the associated costs not to exceed $33,600.00. This task is budgeted for in the Florida Boating Improvement Program — Other Contractual Service Account #13321072-033490. Account Name Account No. Amount Florida Boating Improvement Program 13321072-033490 $33,600.00 RECOMMENDATION Staff recommends the Board of County Commissioners authorize the Chair to sign the FWC Bulk Derelict Vessel Removal Grant Application. ATTACHMENTS 1. FWC Bulk DV Grant Summer 2024 APPROVED AGENDA ITEM FOR May 21, 2024 57 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Derelict Vessel Removal Grant Application FOR OFFICE USE ONLY Derelict Vessel Removal Grant Application Number: Date Received: II. PROJECT SUMMARY I. APPLICANT INFORMATION Summer 2024 Indian River County Derelict Vessel Removal Applicant: Indian River County- Coastal Engineering Division a) Federal Employer ID No.: 59-60000674 b) Project Manager Name: Melissa Meisenburg c) Project Manager Title: Lagoon Environmental Specialist d) Mailing Address 1801 27th Street, Bldg A e) City/State/ZIP Vero Beach, FL 32960 f) Shipping Address 1801 27th Street, Bldg A g) City/State ZIP Vero Beach, FL 32960 h) Telephone 772-226-1651 i) FAX 772-778-9391 j) Email mmeisenburg@ircgov.com k) District Numbers: 1) State House g m) State Senate 117 II. PROJECT SUMMARY a) Project Title Summer 2024 Indian River County Derelict Vessel Removal b) Project Goal(s): Efficiently and safely remove five (5) authorized derelict vessels from the Indian River Lagoon water body within Indian River County, Florida. c) Project Cost (Total): 58 d) Grant Amount Requested: e) Project Type(s): ✓❑ Bulk Derelict Vessel Grant (See Section V of guidelines for eligibility and restrictions. Rapid Removal Derelict Vessel Grant (See Section VI of guidelines for eligibility and restrictions). Brief Project Summary (including the total number of derelict vessels that you are requesting be removed as part of this project). (Note that a detailed Project Summary/Scope of Work is required as an attachment to this application. As of May 21, 2024 five (5) derelict vessels have been authorized for removal from the waters of the Indian River Lagoon within the boundaries of Indian River County. Using a contractor (Outlaw Maritime LLC) the County will efficiently and safely remove all five (5) derelict vessels following the FWC Derelict Vessel Removal Guidelines. A detailed Scope of Work is attached to this document for review. III. JUSTIFICATION FOR RAPID REMOVAL GRANT REQUEST VS. BULK DERELICT VESSEL GRANT REQUEST Describe how the vessel to be removed meets the rapid removal criteria listed in Section VI of the Derelict Vessel Removal Grant guidelines using specific conditions which demonstrate it is in danger of imminent sinking, breaking apart, or is a critical danger to public safety or the environment. Not applicable, the application is for a Bulk Derelict Vessel Removal Grant. 59 IV. PROJECTED OUTCOMES How many total derelict vessels are there in the project's jurisdiction? What percentage of the total derelict vessels located within the project's jurisdiction will be removed by this project? (Limited to those listed in the Statewide Derelict Vessel Database). There are currently ten (10) open derelict vessel cases in Indian River County. There are currently five (5) derelict vessels authorized for removal. Indian River County intends to remove 50% of the open vessels cases, 100% of the authorized derelict vessels within the County. b. Describe the system to be used in demonstrating complete removal and destruction of the removed vessel(s). Include the procedure to verify contractor's completeness in removal of the vessel(s). A marine barge and crane will be used to lift and remove derelict vessels from the waters of the Indian River Lagoon. FWC Removal Guidelines will be followed to prevent impacts to the waters and surrounding area. The barge will transport removed vessels to the boat ramp for removal where they will be disposed of at an authorized landfill. Coastal Engineering staff will observe the removal process, documenting removal and disposal, including the inclusion of photos and landfill tickets in the final report. Upon completion of the removal, Coastal Engineering staff will inspect the location to insure all debris has been removed. FWC Law Enforcement will be notified prior to removal and upon removal completion with documentation. V. BUDGET Has a detailed cost estimate/proposal been developed for this derelict vessel removal project? If yes, attach a copy of application. ✓❑ YES ❑ NO VI. OTHER SOURCE OF FUNDS (STATUS) a. ❑ Federal ❑ State/Local ❑ Loan b. Grant Name: c. Approval Status: ❑ Approved ❑ Pending Agency: Amount: Intend to Apply, Date: 60 VII. LAW ENFORCEMENT CASE DATE (Include a line for each derelict vessel that you are requesting be removed as a part of this project) VESSEL AGENCY CASE VESSEL VESSEL REMOVAL; AGENCY NUMBER REGISTRATION VESSEL MAKE LENGTH QUOTE FWC FWC21ON0006601 FL4188CB Wayfarer 32 $ 4,800.06 1 FWC FWC230N0060348 FL9599DC Walkins Yacht 27 $ 4,100.00 2 FWC FWC220N0088129 Unknown Unknown 30' $ 8,000.00 3 FWC FWC220N0100409 Unknown Unknown 34 $ 6,800.00 4 FWC FWC230N0105066 D0550986 Gulfstar 41 $ 9,900.00 5 6 7 8 9 10 11 12 13 TOTAL $ 33,600.00 VIII. APPLICATION ATTACHMENTS CHECKLIST For mailed applications, include a copy on electronic media with paper copy or you may email entire application to: DVGrant@MyFWC.com Inc. Required Attachments ✓ a. Cover Letter: A brief letter explaining overview of project and responsible parties involved. ✓ b. Application: One (1) application with original signature from authorized individual. ✓ c. Project Proposal: a detailed description of the project as described in the application instructions. d. Delegation of Authority: Formal documentation to show that the person signing the application has the EJ authority to apply for, administer and commit the governing body or not-for-profit organization to the grant project on behalf of the applicant. ❑ e. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor or a detailed cost estimate for the project elements. One (1) tabbed section for each vessel removal requested to include the Derelict Vessel Data Sheet (Attachment "A). 61 APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority (see grant guidelines Section IV, 4.4) to sign on behalf of the Applicant and that the Applicant has the ability to undertake the proposed activities in compliance with the FWC Derelict Vessel Removal Grant Program Guidelines. I also certify that the applicant's governing body is aware of and has authorized the project manager as the official representative of the applicant to act in connection with this application and subsequent project, as well as to provide additional information as may be required. By my signature below, the applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and the resulting project if approved. Print/Type Name: Signature: STATE OF FLORIDA, COUNTY OF SELECT ONE Title: Date: personally, appeared before me this day of 20_ who subscribed and swore to the above instrument in my presence. Notary Public Name: My commission expires: NOTE: Instruction and further information regarding this application and the FWC Derelict Vessel Removal Grant Program can be found in the Program's Guidelines document or by contacting the Program Administrator at: Florida Fish and Wildlife Conservation Commission, Boating and Waterways Section, Derelict Vessel Program, 620 South Meridian Street, Tallahassee, FL 32399-1600 or call (850) 488-5600 62 Mission: Ron Desantis To protect, promote & improve the health, Governor of all people in Florida through integrated state, county & community efforts. Joseph A. Ladapo, MD, PhD q. State Surgeon General Vb1m: TO be tln'" NII et ftb b ti Ndm MEMONAN[)UIIA DATE: May 15, 2024 TO: Indian River Board of County Commissioners THROUGH: Miranda Swanson, MPH 17/4 ------- FROM: Julianne, Price, RS SUBJECT: Environmental Health Fee Increase Environmental Health Services exist and operate to protect the health of the general public by monitoring and regulating activities that may contribute to the occurrence or transmission of diseases. These services are supported in part by local fees targeted to the consumer of those specific services through the permitting process. Fees are also assessed as a mechanism to encourage compliance with permit requirement conditions. Environmental Health is currently operating at a loss and borrows funds to operate from general revenue. The previous established Environmental Health Services fee schedule was last adjusted in 2018. The costs for services, such as salaries and materials, necessary to operate continues to increase requiring periodic adjustments to balance or minimize general budget impacts. The proposed increase in local service fees will allow Indian River County FDOH Environmental Health Services to operate in more sustainable by ensuring fees that are charged cover applicable operation costs. An analysis of fees charged by the surrounding counties was conducted and Indian River was initially in the lower quadrant of the fee scale. With the adoption of the fee increase, the quadrant will change to just above the moderate range. This fee increase would take effect on July 1, 2024. DOH- Indian River recommends the BCC accept the proposed fee increase to ensure the financial stability of future Environmental Health programs and services. 63 H8HSS8H.....8888H8888888888888 8 88 G O of Cd P N G N N C 0 N N g 0 0 N 8 0 O N 0 N YI 8 N 0 0 N N 66 N p G of N P G O O o Yi O T N G O N N 0 0 N N 0 0 N N O N N O y d C N AI N N N N N N N .y N t0 N N 1a� N N O^0 O �M-I 3 N N N N N 2 v �8 88 a4 LpN N S N8N N8n NA NN NN Nn Nn Nn NP N N N N N8 Ur U OO6 N NHN NNN NI�Nfl NHN NS N NNNN N N N N O 2 � 8888888p88888p8p8888p8pO8O888p8p88888888 8 N M OO�� N OODD N N N N N N N p8 Yf M {D N O� O OI N O V 0 x 0 0 0 0 0 O N 0 0 0 N 0 0 8 b N 01 Q 0 f 0 0 0 0 0 N w 88p88 N p8pp8pp8p88p8888 N n H N p88 n N p8p88880S8pSHdHHHOSd YOf N N N n n H N n N T� N� N N� N N N N N If1 eOi /4)f INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy Bunt, Assistant County Administrator FROM: Kirstin Leiendecker, P.E., Acting Public Works Director SUBJECT: Local Option Gas Tax Distribution Percentages DATE: May 10, 2024 As required by Chapter 209 of the Indian River County Code, the Board of County Commissioners shall conduct a Public Hearing every two years in May to approve a revenue distribution formula for the 6¢ Local Option Gas Tax. This tax revenue is currently shared with the five municipalities based upon a formula as follows: "The percentage of total revenue allocated to each eligible entity equals one- third of the entity's percentage of total equivalent lane miles of road plus one- third of the entity's percentage of transportation expenditures over the previous five years plus one-third of the entity's total percentage of population residing in the area based upon the most recent estimate from the Florida Bureau of Economic and Business Research." This formula has been used over the past 37 years. Attached is the 2024 updated table for computation of the Local Option Gas Tax Distribution Percentages. The new percentages will be sent to the Florida Department of Revenue for implementation by September 1, 2024. RECOMMENDATIONS Staff recommends approval of the 2024/2025 revenue distribution percentages. ATTACHMENT Chapter 209 LOGT Chart/Spreadsheet Public Hearing Advertisement April 2024 Sample Letter to Municipalities APPROVED AGENDA ITEM FOR MAY 21, 2024 C:\Granicus\Legistar5\L5\Temp\80b17c03-bcf4-41 b6-bc9b-9e04c4c2743d.doc 65 LOCAL OP'T'ION GAS TAX CHAPTER 209. LOCAL OPTION GAS TAX Sec. 209.01. Short title. Sec. 209.02. Levy of tax. Sec. 209.03. Effective date. Sec: 209.04. Disposition of proceeds. Sec. 209.05. Utilization of proceeds. Section 209.01. Short title. This article shall be known and may be cites as the "Indian River County Local Option Gas Tax Ordinance." (Ord. No. 92-26, § 4, 7-14-92) Section 209.02. Levy of tax. There is hereby imposed a six cent ($0.06) local option gas tax upon every gallon of motor fuel and special fuel sold in Indian River County and taxed under the provisions of F.S. Ch. 206. (Ord. No. 92-26, § 4, 7-14-92) Section 209.03. Effective date. The tax imposition hereby made shall be effec- tive from September 1, 1996 to August 31, 2026, both inclusive. (Ord. No. 92-26, § 4, 7-14-92; Ord. No. 96-11, § 1, 4-23-96) Section 209.04. Disposition of proceeds. (a) The disposition of proceeds shall be pursu- ant to interlocal agreement with one or more of the municipalities located therein, representing a majority of the population of the incorporated area within the county. Said agreement shall provide a distribution formula for dividing the entire proceeds of the local option gas tax among the county government and all eligible municipal- ities within the county. Said formula is set forth in paragraph (b) of this section. The method of distribution of the local option gas tax revenues shall be reviewed and a public hearing held in May at least every two (2) years by the parties to the agreement. (b) Each year, during the term of the imposi- tion of this tax, the division and distribution of tax proceeds under this article shall be evaluated and recalculated based upon the following for- mula: The percentage of total revenue allocated to each eligible entity equals one-third ('/a) of the Section 209.05. Utilization of proceeds. Proceeds of the tax imposed herein shall be utilized only for transportation expenditures in accordance with the provisions and requirements of F.S. § 336.025. (Ord. No. 92-26, § 4, 7-14-92) § 209.04 entity's percentage of total equivalent lane miles of road plus one-third (1!3) of the entity's percentage of transportation expenditures over the previous five (5) years plus one-third M) of the entity's total percentage of population re- siding in the area based upon the most recent estimate from the Florida Bureau of Economic and Business Research. Each eligible entity (municipality) shall report the above information to the Indian River County Public, Works Director by April 30th of each year. Should the above information not be reported to the public works director by April 30th of each year, the public works director shall recalculate the distribution of proceeds based upon the pre- vious year's information, or other reliable infor- mation, whichever is more recent, for each non - reporting eligible entity (municipality). By June 15 of each year, the county shall provide the Florida State Department of Revenue a certified copy of the distribution proportions established by interlocal agreement under this section. The revised distribution of tax proceeds shall become effective on September 1 of the same year. (c) If, during the term of the imposition of this tax, the county or any of the municipalities be- come ineligible to receive a share of the local option gas tax for any reason, any funds other- wise undistributed because of ineligibility shall be distributed by the department of revenue to eligible governments within Indian River County in proportion to other monies distributed pursu- ant to this section. (d) The distribution formula established herein shall also govern the division and distribution of proceeds of the local option gas tax imposed through August 31, but not collected otherwise available for distribution until after August 31, of the year this levy terminates. (Ord. No. 92-26, § 4, 7-14-92; Ord. No. 96-11, § 1, 4-23-96; Ord. No. 2001-012, § 1, 3-20-01) 66 w o 0 o LO CY W 0 Q 0 cY (v N ❑ N O Z O Fa - O Ln N O 0 0 ~ N O (C o J D] O w o w = w o LO CY W c O � co Q 0 cY (v N ❑ N O Z O Z 0 Q 00 LrlM U) P- Ln N CD m M M O w L6 N LLJ o ❑ M C = U M M (D r p n N CC Lr) LO (D O N 4) O Z 0 Q 00 LrlM U) P- Ln N CD m M M O w L6 N LLJ o w 2n O 00 (n J J Ln LO N (D LL N Ln 0 tD o LO O 0 v � O O M O w r y O) M U W o 0 co W w H N w 4) (U C CD O Ln N O N N N r - (r J (D (C o J D] C) > w � 69 N ER N H N_ E9 69 Z (+) (si (D LO D M M O d9 64 0 U 61:yC4 rn C� o N O O n V (D N O m a) CY) N Z pN N Q N N N - M Z NN N Ln 0 tD o LO O 0 v � O O M O w r y O) M m W o N co W w H N OO (D 4) (U C J w Q II L y N C N � _j c> J OMo LQ (C o J D] 7 *k *k w w Ln 0 tD o LO O 0 v � O O M O w r (D N� O M LO W o Or- n co W U')r- Lci OO (D OO C W W W d Ln 0 a m (D M Op OMo LQ (C o O 00 N cm_' 00 � 69 N ER N E9 b9 N_ E9 69 EA (+) (si (D N� O M LO W o N CD � LO V O-0 p N O 0w0 O (p r m (D M Op OMo LQ (C o O 00 N cm_' C ffl ER O N ER co N b9 O CN EH (A N_ E9 69 69 0 (D N� O M LO W o _ O M co co N O O O 0w0 O 0 C 0 co OMo LQ (C o O 00 N cm_' M O M V V co m CN EH (A N_ E9 69 69 tq N (D LO V M M O d9 64 fA fA 61:yC4 � O) M O M o 't 00 O M co Cl) N In O O n O) n O) 0 C 0 OMo LQ (C o O 00 N cm_' N M M h 0) CN EH (A N_ E9 69 69 tq N O) M 0 M o O (D O Cl) O M r, W O n O 0 0 0 O O O O 00 N CN N N M h In E9 V! 69 69 � � W O) M 0 fD o o 7 m M LLr N W N 0 00 (csj v 0 0 0 V 00 r- r- (DM O) N M h N CL N N Ln (D LO V M M O d9 ER 69 64 ff) N yN � N 0 0 o 7 0 O O O n o 0 0 0 0 0 C? q p O) O O O r O r CL N 0 X w a� C: CC 0 0 o w m W O n V (D N O m CY) C14 M pN N N N N - M CL NN N N pN 0 16 C N O m w (p N N CD N C ON ON F- (VO N N Cl)CD (n 0 0 0 o 0 0 O O O n o 0 0 0 0 0 C? q p O O O O r O r � N 0 a� CC 0 0 o w m W O N N n V (D N O m y ` co (D M V 7 N m CL V) X y dc C N O 7 0 0 0 -O 00 LO O C c7 V to (O 0c O w U Cl)CD NO N ` EO 0 0 0`0 c O U p) W �0 Q c 7 co 0 o O U U) m n M Cl)TCa (D (p M N n LO W r- W C O LO CY) Cl) O LL t.. o o N MIt r O O O N C c rn O v 00 a LONI, O rn Oo 00 - a E N N M -0O` O - O N _ @ M E o .N N 0 0 o E (0 Cl) O) N V v C C U N 0 L C v;W of 0)Ci m E o C W 7 O 7 � d Q N 7 O o a o ° m N � (O O � p 0 0 0 DO LL co O co CO p oN, o o (0 05 n � O M O m M M M n a - 00 O N y O C r L C N ` O C L U (1) N N a- OLl_ (0 N N L N _ C 0) T N G 7 L27 N r, O '- m O C w O N w 0) M. Q N (D Q Q - U H C) 0) O E CO N Z N W C- Z w N-2 C p 0 0 m O L 0 E w OO LL Ow d -- Li �° W N 7 m Q Q Z O U Z N o a > > wa O �C-) C/)N �mm `y LL LL O O > w O a) N T a a a a of 9:, w N w ...- oLn. �O 5/z1 { 24- ae tokl * LocaliQ Florida PO Box 631244 Cincinnati, OH 452634244 GANNETT AFFIDAVIT OF PUBLICATION PUBLIC HEARING The Board of County Commissioners Luanne Clark of Indian River County, Florida, 1801 27th Street hereby provides notice that a public Public Works Department hearing will be held on Tuesday:,, 1801 27th Street MQY 1 2024, at 9:05 a.rrt, or as soon Vero Beach FL 32960 thereafter as possible at the County Commission Chambers in the County Administration Building, STATE OF WISCONSIN, COUNTY OF BROWN 1801 27th Street, Vero Beach, FL 32960, to discuss the following: CONSIDERATION OF SIX CENT Before the undersigned authority personally appeared,who (6¢) LOCAL OPTION GAS TAX on oath says that he or she is the Legal Advertising (LOGT) Representative of the Indian River Press Journal/St Lucie REVENUE DISTRIBUTION News Tribune/Stuart News, newspapers published in Indian FORMULA FOR FISCAL YEAR 2024//2025 River/St Lucie/Martin Counties, Florida;that the attached Interested parties may appear at copy of advertisement, being a Legal Ad in the matter of the meeting and be heard with Public Notices,was published on the publicly accessible respect to the proposed application. websites of Indian River/St Lucie/Martin Counties, Florida, Anyone who wants to inspect any or in a newspaper by print in the issues of,on: proposed documents may do so at the Public Works Department in the County Administration Building, 05/05/2024 1801 27th Street, Vero Beach, FL. Anyone who may wish to appeal any Affiant further says that the website or newspaper complies decision which may be made at this meeting will need to ensure that a with all legal requirements for publication in chapter 50, verbatim record of the proceedings Florida Statutes. is made, which includes testimony Subscribed and sworn to before me, by the legal clerk,who and evidence upon which the appeal is personally known to me, on 05/05/2024 is based. Anyone who needs a special accom- l .,v,04."..„ modation for this meeting may contact the County's Americans with Legal Clerk Disabilities Act Coordinator at 772- 00?". 226-1223 at least 48 hours in advance Notary,,tate,of WI,County of Brown of the meeting. Pub: May 5, 2024 g,.... 2 TC N 10148860 My commission expires 7 Publication Cost: $80.40 Order No: 10148860 #of Copies: Customer No: 1125968 1 PO#: THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. ,k KAITLYN FELTY Notary Public State of Wisconsin Page 1 of 1 PUBLIC HEARING The Board of County Commissioners of Indian River County, Florida, hereby provides notice that a public hearing will be held on Tuesday, May 21 2024, at 9:05 a.m. or as soon thereafter as possible at the County Commission Chambers in the County Administration Building, 180127' Street, Vero Beach, FL 32960, to discuss the following: CONSIDERATION OF SIX CENT (6¢) LOCAL OPTION GAS TAX (LOGT) REVENUE DISTRIBUTION FORMULA FOR FISCAL YEAR 2024//2025 Interested parties may appear at the meeting and be heard with respect to the proposed application. Anyone who wants to inspect any proposed documents may do so at the Public Works Department in the County Administration Building, 1801 271 Street, Vero Beach, FL. 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 testimony and evidence upon which the appeal is based. A-.,,..... -k- .,--,4- 4:-. ..,.......,t the County's in advance of 68 April 11, 2024 Board of County Commissioners Public Works Department 180127th Street, Building A Vero Beach, Florida 32960-3388 Telephone: (772) 226-1379 XXXXXXXXXX Subject: Local Option Gas Tax Distribution Formula for 2024/2025 The County has downloaded the total transportation expenditures for your city, $XXXXXX) for the fiscal year 2022/2023 from the Local Highway Finance Report. To complete the tax distribution formula, we need to obtain the number of lane -miles of roads, as well as the number of bridges, under your jurisdiction. For your use, I have attached a copy of the Local Option Gas Tax Distribution Formula table for 2023, with the lane-mile/bridge information received from 2021/2022. 1 have highlighted your agency totals in yellow. Please transmit the 2022/2023 lane -mile and bridge information to my attention at the Indian River County Public Works Department as soon as possible. Preferably, you can email the information to: Iclark@indianriver.gov. A new table, which shows the gas tax distribution percentages based upon the formula, to be effective FY 2024/2025, will be sent to you. The County expects to schedule a public hearing in May on this issue. Please contact me at (772) 226-1379, if you have any questions. Sincerely, Kirstin Leiendecker, P.E. Acting Public Works Director KL/1c Attachment: 2023 LOGT Chart cc: John A. Titkanich, Jr., County Administrator Nancy Bunt, Assistant County Administrator 69 Request to Speak at a Board of County Commission Meeting Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION • Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action • Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission * First Name Katherine * Last Name Vanderbogart Request has been sucessfully updated Request to Speak at BCC Meeting Print Submitted by: Dr. Miles Conway Submitted On: 2024-05-15 10:15:34 Submission IP: (12.217.16.90) proxy -IP (raw -IP) Status: Accepted Priority: Normal Assigned To: Tina Cournoyer Due Date: Open IBB.z Request to Speak at a Board of County Commission Meeting Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION • Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action • Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission * First Name * Last Name Dr. Miles Conway * Sbvet Address PO Box 6430393 'city *Sh" !zip Vero Beach FL 32963 Organization (If applicable) South Beach Property Owners Association, Inc. ' Email Phone mconway@fcast.com 772-231-2810 Subject Matter for Discussion Public and BCC Provision of Pertinent Search Information, Candidate Profile and Identification of NEXT COUNTY ATTORNEY - Information and Candidate Part 1 of 3. * Is a digital presentation planned? 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Z z c c _n Ul 0 (U w 0 u 00 rs r% k1 C (u N v r mC r. 4aq 4-1 W m r-wwr=$W:O:tT 0 E tii �v 2 - W M co . < ia 0 0 0 Ln 0 0 in 0 0 0 0 0 0 0 �O %D w w w 0 w -I A *-4 "4 1-4 *-4 "4 Y4 vq vq v-4 � v4 "4 v" *,I N N N N N N N N N N N N N N N N N N N N r O� O� .:r Z� C�� '8� O� ;�'f *a O� C7 'T4 Z� C7� .:r r:r 4r1 1;9 c tU 'CT U*) '-0 r- M GV4 *-I rH N M 'Id' 0 .,1 .1 10 4. r OA+ pv R r b ai i3A 3 O +cr 4+ .. r 10410811 EMPLOYMENT HISTORY County Attorney Private Law Practice specializing in growth management, local government law, _ ublic finance, environmental law, utility law, and historic preservation law, 1999 County Attorney . 1990- and Interim County Attorney and Special Counsel, Special Counsel to the 1988 - Executive Directc Associate' M rights litigation, 1 ate, labor and civil Staff Director, Center of Government Responsibility, MLaw Center, 1973- 0 Research Associate, M 1972 EDUCATION University ofB.A., Economics, 1971, Dean's List, Award, President of AWaauOmega Fraternity, Chairman of Inter&aternity Presidents Council University of �Administrative Juris Doctor with honors, 1974; Editorial Board, oo AwLaw Review; Bor Law and Business Organizations Admitted to State Law Bar October 1974 AWARDS/RECOGNITIONS Moundation Public Interest Law Research Award, 1974 Conservation Planning Public Interest Law Award, 1984 Presidents' Award of Merit, 1988 Acquisition, 1993 Legal Elite, Government Attorneys, the PUBLICATIONS PRESENTATIONS AND SEMINARS Speaker Speaker, P Speaker, October 1979) Speaker, Speaker, Practicing Law Institute National (Atlanta, Georgia, March 1980) Speaker Speakej Speaker Speaker, �j C-1 N c�h l� N M PROFESSIONAL ASSOCIATIONS Special Counsel Disabiliti 1987-88 General Board of I Board of Directors, Board of Directors, N r4*� Member, Mar Committee on 1980-88 10 EXHIBIT 19 DYLAN REINGOLD 2716 Oak Street #5 Jacksonville, FL 32205 (904)607-9107 dylanr@coj.net Relevant City of Jacksonville, Office of General Counsel, Jacksonville, FL Experience Chief, Land Use Division April 2010 -Present Assistant General Counsel March 2005 -April 2010 • Assist departments and officials with land use, zoning, concurrency and mobility issues • Serve as counsel to the Jacksonville City Council, Planning Commission, Industrial Technical Advisory Committee and Library Board • Handle appeals before the Division of Administrative Hearings and in circuit court, the First District Court of Appcals and federal court • Represent the Duval County Tax Collector in Chapter 11 and Chapter 13 cases • 2007 and 2012 Florida Trend's Florida Legal Elite Lawyer — Government & Mediation Brian Sumberg Baena Price & Axelrod LLP, Miami, FL Land Use and Environmental Associate March 2002 -March 2005 Sumner Associate Sumn • Assisted clients in the environmental permitting processes at local, state and federal levels • Obtained environmental and land use variances at the city and county levels • Worked with governmental staff to obtain various forms of land use and environmental relief University of Florida College of Law, Gainesville, FL Conservation Clinic Student Intern Fall 2001 • Drafted corporate governance manual for non-profit entities affiliated with Florida State Parks • Conducted workshops and made presentations regarding corporate governance issues for the Florida Department of Environmental Protection and its affiliated non-profit organizations Florida Institute of Technology, Melbourne, FL Graduate Research Assistant September 1996 --August 1998 • Monitored fish communities on artificial reef for Indian River County • Wrote and presented first amoral artificial reef biological status report for Indian River County Education University of Florida College of Law, J.D., December 2001 GPA: 3.48 Rank: 12 of 194 Honors: Florida Law Review Gertrude Brick Outstanding Law Review Board Member Award, Fall 2001 Book Award, Conservation Clinic, Fall 2001 Appellate Advocacy, Fall 1999 Legal Research and Writing, Spring 1999 Activities: Conservation Clinic, Fall 2001 Teaching Assistant, Appellate Advocacy, Fall 2000 Teaching Assistant, Legal Research and Writing, Spring 2000, Environmental Law Program, San Jose, Costa Rica, Summer 2000 Florida Institute of Technology, M.S., Biological Oceanography, December 1998 George Washington University, B.S. Environmental Science, B.A. Biology, May 1995 Honors: Dean's List, Fall 1991, Spring 1995 Activities: Work Study Program: Department of Hematology, Fall 1991 -Spring 1993 Department of Biochemistry, Fall 1993 -Spring 1995 Certification Board Certified by the Florida Bar in City, County & Local Government Law If � - :%� � \ :4z? ./\\» .� / � � . # � r t� f`n Lh Chi M 4-J 0 Qj Qj WI V) Ja m 4-j U) Ln < t2 >1 n cu aj Q 4-J 0 Qj m 4-j E M m Lip p m k E E 0 0 6m m vi 0 qu 4*j LY u my a 4-A, u am It wow -4--J 4-j iib ui r TU '45 r 0 m -0 Nell cu EFM , z n c p to m pvI Iw E (v Q) > +j ma r 0 c: o Gi a (13 Q) W C13 MT u I- 4-1 W M M Z) 0 w LA Ln m CL D C t FIT, C � a r 4M I ll� i cu 0 d� F— �U OL C V) Q �. }E2 4! 9 t FIT, C � a r 4M I ll� i /in INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners VIA: John A. Titkanich, Jr., County Administrator FROM: Racheal Miller, Cyber Security Technician SUBJECT: Information Technology Acceptable Use Policy Revision DATE: May 21, 2024 BACKGROUND: The recent enactment of Florida Statue 282.3185 (Local Government Cybersecurity) requires local governments to adopt cybersecurity standards that safeguard their data, information technology, and resources to ensure availability, confidentiality, and integrity. Cybersecurity standards must be consistent with generally accepted best practices including the National Institute of Standards and Technology (NIST) Cybersecurity Framework (CSF). Each county with a population of 75,000 or more must adopt the cybersecurity standards required by this subsection by January 1, 2024. Furthermore, each local government shall notify the Florida Digital Service of its compliance with this subsection as soon as possible. The Indian River County Information Technology Department has been pursing alignment with the best practices outlined in the NIST CSF. Due to new capabilities within the Indian River County information technology environment, the Acceptable Use Policy has been revised to reflect those changes. FUNDING There is no funding requirement associated with the revision of this policy. However, proper implementation and sustainment of this policy may result in future requests for additional funding. RECOMMENDATION Staff recommends that the Board approve the revisions to the Acceptable Use Policy (AM -1200.21) and replace the existing Acceptable Use Policy in the APM. ATTACHMENTS AM -1200.21 — Acceptable Use Policy DISTRIBUTION William Debraal — County Attorney John Titkanich — County Administrator 74 I. Purpose The purpose of the Indian River County Acceptable Use Policy is to establish acceptable practices regarding the use of Indian River County information technology resources to protect the confidentiality, integrity, and availability of information created, collected, and maintained. II. Scope This policy applies to all personnel which are defined as staff, contractors, and consultants that are employed or contracted with the divisions of the Indian River Board of County Commissioners, including its officers, Departments, Divisions, and special dependent districts. III. Definitions Credentials — Pieces of information (i.e. username, pin, password) used to verify the identity of an individual or entity accessing a system, application, or network. Content— Any type of digital information, files, or documents that users upload, create, store, or share. Data Incident— Any potential loss, theft, or compromise of County information. Door Propping — Intentionally keep a door open or partially opening by using an object to prevent the door from fully closing. Facility Security Incident — Any damage or potentially unauthorized access to a County owned, leased, or managed facility. Identity and Access Management Information — Data and tools that assist in controlling access within a network. Information Technology Resources — Any electronic equipment, hardware, software, or services that are assigned and available for employees to use in the course of their employment. These resources include, but are not limited to, the following: computer workstations and servers, laptops, printers, copy machines, scanners, cellular phones, tablets, fax machines, software applications, internet access, voicemail, and e-mail. Piggybacking/Tailgating — Unauthorized act of gaining access to a restricted area, system, or network by following closely behind an authorized individual without their knowledge or consent. Page 1 1 75 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 1 of 17 I. Purpose The purpose of the Indian River County Acceptable Use Policy is to establish acceptable practices regarding the use of Indian River County information technology resources to protect the confidentiality, integrity, and availability of information created, collected, and maintained. II. Scope This policy applies to all personnel which are defined as staff, contractors, and consultants that are employed or contracted with the divisions of the Indian River Board of County Commissioners, including its officers, Departments, Divisions, and special dependent districts. III. Definitions Credentials — Pieces of information (i.e. username, pin, password) used to verify the identity of an individual or entity accessing a system, application, or network. Content— Any type of digital information, files, or documents that users upload, create, store, or share. Data Incident— Any potential loss, theft, or compromise of County information. Door Propping — Intentionally keep a door open or partially opening by using an object to prevent the door from fully closing. Facility Security Incident — Any damage or potentially unauthorized access to a County owned, leased, or managed facility. Identity and Access Management Information — Data and tools that assist in controlling access within a network. Information Technology Resources — Any electronic equipment, hardware, software, or services that are assigned and available for employees to use in the course of their employment. These resources include, but are not limited to, the following: computer workstations and servers, laptops, printers, copy machines, scanners, cellular phones, tablets, fax machines, software applications, internet access, voicemail, and e-mail. Piggybacking/Tailgating — Unauthorized act of gaining access to a restricted area, system, or network by following closely behind an authorized individual without their knowledge or consent. Page 1 1 75 Policy Violation — Any potential violation of this or other County policies, standards, or procedures. Removable Media — Any type of storage device that can be easily removed from an information technology resource, typically for the purpose of storing, transferring, or accessing data (e.g., USB drives or CDs). Site Moderator— Individuals responsible for managing and maintaining the commenting community for a given social media site or blog. Technology Incident — Any potentially harmful event that may cause a failure, interruption, or loss in availability to County information technology resources. Unauthorized Access Incident— Any potential unauthorized access to a County information technology resource. IV. Policy 1. Acceptable Use a. Personnel are responsible for complying with County policies when using County information technology resources. If requirements or responsibilities are unclear, please seek assistance from the Information Technology Department. b. Personnel must promptly report harmful events or policy violations involving County information technology resources or information to their manager or a member of the Incident Response Team (CIRT@indianriver.gov). Events include, but are not limited to, the following: i. Technology incident ii. Data incident iii. Unauthorized access incident iv. Facility security incident V. Policy violation c. Personnel shall not purposely engage in activities that may: Page 12 76 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 2 of 17 Policy Violation — Any potential violation of this or other County policies, standards, or procedures. Removable Media — Any type of storage device that can be easily removed from an information technology resource, typically for the purpose of storing, transferring, or accessing data (e.g., USB drives or CDs). Site Moderator— Individuals responsible for managing and maintaining the commenting community for a given social media site or blog. Technology Incident — Any potentially harmful event that may cause a failure, interruption, or loss in availability to County information technology resources. Unauthorized Access Incident— Any potential unauthorized access to a County information technology resource. IV. Policy 1. Acceptable Use a. Personnel are responsible for complying with County policies when using County information technology resources. If requirements or responsibilities are unclear, please seek assistance from the Information Technology Department. b. Personnel must promptly report harmful events or policy violations involving County information technology resources or information to their manager or a member of the Incident Response Team (CIRT@indianriver.gov). Events include, but are not limited to, the following: i. Technology incident ii. Data incident iii. Unauthorized access incident iv. Facility security incident V. Policy violation c. Personnel shall not purposely engage in activities that may: Page 12 76 Harass, threaten, impersonate, or abuse others; or ii. Degrade the performance of County information technology resources; or iii. Deprive authorized County personnel access to a County information technology resource; or iv. Obtain additional information technology resources beyond those which have been allocated; or Circumvent County computer security measures. d. Personnel shall not download, install, or run applications or utilities that reveal or exploit weakness in the security of a County information technology resource. For example, County personnel shall not run password cracking programs, packet sniffers, port scanners, or any other non -approved programs on any County information technology resource. e. Personnel are expected to respect and comply with all legal protections provided by patents, copyrights, trademarks, and intellectual property rights for any software and/or materials viewed, used, or obtained using County information technology resources. Software products that are not appropriately licensed for use by the County shall not be installed on County information technology resources. f. All work products, intellectual property, and proprietary information, including reports, drawings, blueprints, software codes, computer programs, data, writings, and technical information, created or developed using County information technology resources are the property of the County. g. Use of encryption shall be managed in a manner that allows designated County personnel to promptly access all data. h. County information technology resources are provided to facilitate County business and shall not be used for personal financial gain. Personnel are expected to cooperate with incident investigations, including any federal or state investigations. j. Personnel should not intentionally access, create, store, or transmit material which County may deem to be offensive, indecent, or obscene. Page 13 77 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 3 of 17 Harass, threaten, impersonate, or abuse others; or ii. Degrade the performance of County information technology resources; or iii. Deprive authorized County personnel access to a County information technology resource; or iv. Obtain additional information technology resources beyond those which have been allocated; or Circumvent County computer security measures. d. Personnel shall not download, install, or run applications or utilities that reveal or exploit weakness in the security of a County information technology resource. For example, County personnel shall not run password cracking programs, packet sniffers, port scanners, or any other non -approved programs on any County information technology resource. e. Personnel are expected to respect and comply with all legal protections provided by patents, copyrights, trademarks, and intellectual property rights for any software and/or materials viewed, used, or obtained using County information technology resources. Software products that are not appropriately licensed for use by the County shall not be installed on County information technology resources. f. All work products, intellectual property, and proprietary information, including reports, drawings, blueprints, software codes, computer programs, data, writings, and technical information, created or developed using County information technology resources are the property of the County. g. Use of encryption shall be managed in a manner that allows designated County personnel to promptly access all data. h. County information technology resources are provided to facilitate County business and shall not be used for personal financial gain. Personnel are expected to cooperate with incident investigations, including any federal or state investigations. j. Personnel should not intentionally access, create, store, or transmit material which County may deem to be offensive, indecent, or obscene. Page 13 77 2. Access Management a. Access to County information technology resources and information is based on the principle of least privilege, which limits users' access rights to only what is strictly required to perform their job functions. b. Personnel are permitted to use only those information technology resources issued to them by the County's Information Technology Department and shall not attempt to access any data or application programs contained within County information technology resources for which they do not have authorization or explicit consent. c. All remote access connections made to internal County networks and/or environments must be made through approved, and County -provided, virtual private networks (VPNs). d. Personnel shall not divulge any identity and access management information to anyone not specifically authorized to receive such information, including Information Technology support personnel. e. Personnel must not share their identity and access management information, including: Account passwords; or ii. Personal Identification Numbers (PINS); or iii. Security Tokens (i.e. Smartcard); or iv. Multi -factor authentication information; or V. Access cards and/or keys; or vi. Digital certificates; or vii. Similar information or devices used for identification and authentication purposes. f. Access cards and/or keys that are no longer required must be returned to a supervisor or the Human Resources Department. g. Lost or stolen access cards, security tokens, and/or keys must be reported to a supervisor and the Information Technology Department as soon as possible. Page 14 78 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 4 of 17 2. Access Management a. Access to County information technology resources and information is based on the principle of least privilege, which limits users' access rights to only what is strictly required to perform their job functions. b. Personnel are permitted to use only those information technology resources issued to them by the County's Information Technology Department and shall not attempt to access any data or application programs contained within County information technology resources for which they do not have authorization or explicit consent. c. All remote access connections made to internal County networks and/or environments must be made through approved, and County -provided, virtual private networks (VPNs). d. Personnel shall not divulge any identity and access management information to anyone not specifically authorized to receive such information, including Information Technology support personnel. e. Personnel must not share their identity and access management information, including: Account passwords; or ii. Personal Identification Numbers (PINS); or iii. Security Tokens (i.e. Smartcard); or iv. Multi -factor authentication information; or V. Access cards and/or keys; or vi. Digital certificates; or vii. Similar information or devices used for identification and authentication purposes. f. Access cards and/or keys that are no longer required must be returned to a supervisor or the Human Resources Department. g. Lost or stolen access cards, security tokens, and/or keys must be reported to a supervisor and the Information Technology Department as soon as possible. Page 14 78 3. Authentication/Passwords a. All personnel are required to maintain the confidentiality of identity and access management information. b. If authorized by the Information Technology Department, any group/shared identity and access management information must be maintained solely among the authorized members of the group. c. All identity and access management information, including initial and/or temporary credentials, must be constructed, and implemented according to the Identification and Authentication policy (AM 1200.11): Must meet all requirements including minimum length, complexity, and reuse history. Must not be easily tied back to the account owner by using things like username, social security number, nickname, relative's names, birth date, etc. iii. Must not be the same passwords used for non -business purposes. d. Unique passwords should be used for each system whenever possible. e. User account passwords must not be divulged to anyone. County support personnel and/or contractors should never ask for user account passwords. f. If the security of a password is in doubt, the password shall be changed immediately. g. Personnel shall not circumvent password entry with application remembering, embedded scripts, or hard coded passwords in client software. h. Security tokens (i.e. Smartcards) must be returned on demand or upon termination of the relationship with County, if issued. 4. Clear Desk/Clear Screen a. Personnel shall log off from applications or network services when they are no longer needed. At a minimum, personnel shall log off at the end of each business day. Page 15 79 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 5 of 17 3. Authentication/Passwords a. All personnel are required to maintain the confidentiality of identity and access management information. b. If authorized by the Information Technology Department, any group/shared identity and access management information must be maintained solely among the authorized members of the group. c. All identity and access management information, including initial and/or temporary credentials, must be constructed, and implemented according to the Identification and Authentication policy (AM 1200.11): Must meet all requirements including minimum length, complexity, and reuse history. Must not be easily tied back to the account owner by using things like username, social security number, nickname, relative's names, birth date, etc. iii. Must not be the same passwords used for non -business purposes. d. Unique passwords should be used for each system whenever possible. e. User account passwords must not be divulged to anyone. County support personnel and/or contractors should never ask for user account passwords. f. If the security of a password is in doubt, the password shall be changed immediately. g. Personnel shall not circumvent password entry with application remembering, embedded scripts, or hard coded passwords in client software. h. Security tokens (i.e. Smartcards) must be returned on demand or upon termination of the relationship with County, if issued. 4. Clear Desk/Clear Screen a. Personnel shall log off from applications or network services when they are no longer needed. At a minimum, personnel shall log off at the end of each business day. Page 15 79 Workstations shall be left in a powered -on state so that administration tasks may be performed on the workstation. b. Personnel shall log off or lock their workstations and laptops when their workspace is unattended. c. Confidential or internal information shall be removed or placed in a locked drawer or file cabinet when the workstation is unattended and at the end of the workday if physical access to the workspace cannot be secured by other means. d. File cabinets containing confidential information shall be locked when not in use or when unattended. e. Physical and/or electronic keys used to access confidential information shall not be left on an unattended desk or in an unattended workspace if the workspace itself is not physically secured. Laptops shall not be left unattended when in use away from the office. Laptops shall remain in the possession of the person that they are issued to or stored in a locked drawer or cabinet when not in use (e.g. end of the workday). g. Passwords must not be stored on or under a computer or in any other physically accessible location. Copies of documents containing confidential information should be immediately removed from printers and fax machines. 5. Data Security a. Personnel shall use approved encrypted communication methods when sending confidential information over public computer networks (Internet). b. Only authorized cloud computing applications maybe used for sharing, storing, and transferring confidential or internal information. c. Information must be appropriately shared, handled, transferred, saved, and destroyed, based on the information sensitivity and consistent with Public Records Law and retention requirements. d. All electronic media containing confidential information must be disposed of securely and consistent with Public Records Law and retention requirements. Please contact the Information Technology Department for guidance or assistance. Page 16 80 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 6 of 17 Workstations shall be left in a powered -on state so that administration tasks may be performed on the workstation. b. Personnel shall log off or lock their workstations and laptops when their workspace is unattended. c. Confidential or internal information shall be removed or placed in a locked drawer or file cabinet when the workstation is unattended and at the end of the workday if physical access to the workspace cannot be secured by other means. d. File cabinets containing confidential information shall be locked when not in use or when unattended. e. Physical and/or electronic keys used to access confidential information shall not be left on an unattended desk or in an unattended workspace if the workspace itself is not physically secured. Laptops shall not be left unattended when in use away from the office. Laptops shall remain in the possession of the person that they are issued to or stored in a locked drawer or cabinet when not in use (e.g. end of the workday). g. Passwords must not be stored on or under a computer or in any other physically accessible location. Copies of documents containing confidential information should be immediately removed from printers and fax machines. 5. Data Security a. Personnel shall use approved encrypted communication methods when sending confidential information over public computer networks (Internet). b. Only authorized cloud computing applications maybe used for sharing, storing, and transferring confidential or internal information. c. Information must be appropriately shared, handled, transferred, saved, and destroyed, based on the information sensitivity and consistent with Public Records Law and retention requirements. d. All electronic media containing confidential information must be disposed of securely and consistent with Public Records Law and retention requirements. Please contact the Information Technology Department for guidance or assistance. Page 16 80 6. Email and Electronic Communication a. Auto -forwarding electronic messages outside the County internal systems is prohibited. b. Electronic communications shall not misrepresent the originator or the County. c. Personnel are responsible for the accounts assigned to them and for the actions taken with their accounts. d. Accounts must not be shared without prior authorization from the Information Technology Department, with the exception of calendars and related calendaring functions. e. Personnel shall not use personal email accounts to send or receive County information. f. Any personal use of County provided email shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Forward chain emails; or V. Contain or promote threatening or unethical behavior; or vi. Violate local, state, federal, or international laws or regulations; or vii. Result in unauthorized disclosure of County information; or viii. Or otherwise violate any other County policies. g. Personnel shall send confidential information using only County approved secure electronic messaging solutions. h. Personnel must use caution when responding to, clicking on links within, or opening attachments included in electronic communications. i. Personnel should use discretion in disclosing confidential or internal information in Out of Office or other automated responses, such as employment data, internal telephone numbers, location information or other sensitive data. Page 17 81 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 7 of 17 6. Email and Electronic Communication a. Auto -forwarding electronic messages outside the County internal systems is prohibited. b. Electronic communications shall not misrepresent the originator or the County. c. Personnel are responsible for the accounts assigned to them and for the actions taken with their accounts. d. Accounts must not be shared without prior authorization from the Information Technology Department, with the exception of calendars and related calendaring functions. e. Personnel shall not use personal email accounts to send or receive County information. f. Any personal use of County provided email shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Forward chain emails; or V. Contain or promote threatening or unethical behavior; or vi. Violate local, state, federal, or international laws or regulations; or vii. Result in unauthorized disclosure of County information; or viii. Or otherwise violate any other County policies. g. Personnel shall send confidential information using only County approved secure electronic messaging solutions. h. Personnel must use caution when responding to, clicking on links within, or opening attachments included in electronic communications. i. Personnel should use discretion in disclosing confidential or internal information in Out of Office or other automated responses, such as employment data, internal telephone numbers, location information or other sensitive data. Page 17 81 j. Personnel email signatures shall be limited to only the following items: i. Name ii. Professional Designations or Certifications iii. Job Title iv. Department or Division V. County Work Address vi. Office Phone Number vii. Mobile Phone Number viii. County issued email address ix. County approved logos X. County approved public records declaration or statement k. Electronic mail (e-mail) messages made or received by County employees in connection with the transaction of official business are public records. 7. Microsoft Teams Messaging a. Teams functionality should primarily be used for work-related communication. b. Use of County provided Teams messaging shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Contain or promote threatening or unethical behavior; or V. Violate local, state, federal, or international laws or regulations; or vi. Result in unauthorized disclosure of County information; or Page 18 82 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 8 of 17 j. Personnel email signatures shall be limited to only the following items: i. Name ii. Professional Designations or Certifications iii. Job Title iv. Department or Division V. County Work Address vi. Office Phone Number vii. Mobile Phone Number viii. County issued email address ix. County approved logos X. County approved public records declaration or statement k. Electronic mail (e-mail) messages made or received by County employees in connection with the transaction of official business are public records. 7. Microsoft Teams Messaging a. Teams functionality should primarily be used for work-related communication. b. Use of County provided Teams messaging shall not: i. Involve solicitation; or ii. Be associated with any religious or political cause or entity; or iii. Have the potential to harm the reputation of County; or iv. Contain or promote threatening or unethical behavior; or V. Violate local, state, federal, or international laws or regulations; or vi. Result in unauthorized disclosure of County information; or Page 18 82 vii. Or otherwise violate any other County policies. c. Sensitive information must not be shared via Teams messages. d. Personnel must use caution when clicking on links within or opening attachments included in Teams messages. e. Teams messages made or received by County employees in connection with the transaction of official business are public records. 8. Microsoft OneDrive a. OneDrive may be used to share content or collaborate with either internal or external parties. When sharing content, the following policies apply: i. Users shall use one of the following OneDrive sharing options: 1. People in Indian River County BoCC; or 2. People with existing access; or 3. People you choose. a. Users shall specify with whom content is being shared using the intended recipient's email address. ii. Users shall not use the 'Anyone' sharing option. iii. Users shall share content as view -only unless there is a need for collaboration. 1. Users shall consider whether or not the recipient requires the ability to download the shared content. a. If not, the user shall share the content as 'Can't download' which is a more restrictive option of view -only. iv. Users shall periodically review shared content and remove shares which are no longer necessary. b. Users shall adhere to State of Florida and Indian River County retention policies for all content stored in their OneDrive account. Page 19 E.1Cj SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 9 of 17 vii. Or otherwise violate any other County policies. c. Sensitive information must not be shared via Teams messages. d. Personnel must use caution when clicking on links within or opening attachments included in Teams messages. e. Teams messages made or received by County employees in connection with the transaction of official business are public records. 8. Microsoft OneDrive a. OneDrive may be used to share content or collaborate with either internal or external parties. When sharing content, the following policies apply: i. Users shall use one of the following OneDrive sharing options: 1. People in Indian River County BoCC; or 2. People with existing access; or 3. People you choose. a. Users shall specify with whom content is being shared using the intended recipient's email address. ii. Users shall not use the 'Anyone' sharing option. iii. Users shall share content as view -only unless there is a need for collaboration. 1. Users shall consider whether or not the recipient requires the ability to download the shared content. a. If not, the user shall share the content as 'Can't download' which is a more restrictive option of view -only. iv. Users shall periodically review shared content and remove shares which are no longer necessary. b. Users shall adhere to State of Florida and Indian River County retention policies for all content stored in their OneDrive account. Page 19 E.1Cj c. Upon termination of a County employee, the employee's OneDrive account will be made available to the employee's immediate supervisor. i. Supervisors shall review all content contained within the OneDrive account to determine if any of the content stored within the account must be retained in accordance with State of Florida or Indian River County retention policies. d. All content contained within a user's OneDrive account is subject to Florida public records law. 9. Hardware and Software a. All information technology hardware must be formally approved by the Information Technology Department before being connected to County networks. b. Software installed on County information technology resources must be approved by the Information Technology Department and installed by County Information Technology personnel. c. All County information technology resources taken off-site must be physically secured at all times. d. Personnel shall not allow family members or other non -employees to access County information technology resources. 10. Internet a. The Internet must not be used to communicate County confidential or internal information, unless the confidentiality and integrity of the information is ensured, and the identity of the recipient(s) is established. Only County approved electronic distribution methods may be used for this purpose. b. Use of the Internet with County networking or computing resources must only be used for business-related activities. Unapproved activities include, but are not limited to: Recreational games; and ii. Streaming media; and Page 1 10 84 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 10 of 17 c. Upon termination of a County employee, the employee's OneDrive account will be made available to the employee's immediate supervisor. i. Supervisors shall review all content contained within the OneDrive account to determine if any of the content stored within the account must be retained in accordance with State of Florida or Indian River County retention policies. d. All content contained within a user's OneDrive account is subject to Florida public records law. 9. Hardware and Software a. All information technology hardware must be formally approved by the Information Technology Department before being connected to County networks. b. Software installed on County information technology resources must be approved by the Information Technology Department and installed by County Information Technology personnel. c. All County information technology resources taken off-site must be physically secured at all times. d. Personnel shall not allow family members or other non -employees to access County information technology resources. 10. Internet a. The Internet must not be used to communicate County confidential or internal information, unless the confidentiality and integrity of the information is ensured, and the identity of the recipient(s) is established. Only County approved electronic distribution methods may be used for this purpose. b. Use of the Internet with County networking or computing resources must only be used for business-related activities. Unapproved activities include, but are not limited to: Recreational games; and ii. Streaming media; and Page 1 10 84 iii. Personal social media; and iv. Accessing or distributing pornographic or sexually oriented materials; and V. Attempting or making unauthorized entry to any network or computer accessible from the Internet; and vi. Any activity that would violate any other County policy. c. Access to the Internet from outside the County network using a County owned computer must adhere to all the same policies that apply to use from within County facilities. 11. Mobile Devices a. County does not allow personally owned mobile devices to connect to the County enterprise internal network. b. Mobile devices that access County email servers must have a PIN or other authentication mechanism enabled. c. Confidential information should only be stored on devices that are encrypted in compliance with the County Encryption Standard. d. County confidential information should not be stored on any personally owned mobile device. e. Theft or loss of any mobile device that has been used to create, store, or access confidential or internal information must be reported to the County Information Technology Department immediately. f. All mobile devices must maintain up-to-date versions of all software and applications. g. All personnel are expected to use mobile devices in an ethical manner. h. In the event there is a suspected incident or breach associated with a mobile device, it may be necessary to remove the device from the employee's possession as part of a formal investigation. Page 1 11 85 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 11 of 17 iii. Personal social media; and iv. Accessing or distributing pornographic or sexually oriented materials; and V. Attempting or making unauthorized entry to any network or computer accessible from the Internet; and vi. Any activity that would violate any other County policy. c. Access to the Internet from outside the County network using a County owned computer must adhere to all the same policies that apply to use from within County facilities. 11. Mobile Devices a. County does not allow personally owned mobile devices to connect to the County enterprise internal network. b. Mobile devices that access County email servers must have a PIN or other authentication mechanism enabled. c. Confidential information should only be stored on devices that are encrypted in compliance with the County Encryption Standard. d. County confidential information should not be stored on any personally owned mobile device. e. Theft or loss of any mobile device that has been used to create, store, or access confidential or internal information must be reported to the County Information Technology Department immediately. f. All mobile devices must maintain up-to-date versions of all software and applications. g. All personnel are expected to use mobile devices in an ethical manner. h. In the event there is a suspected incident or breach associated with a mobile device, it may be necessary to remove the device from the employee's possession as part of a formal investigation. Page 1 11 85 L All mobile device usage in relation to County information technology resources may be monitored at the discretion of County. j. County Information Technology support for personally owned mobile devices is limited to assistance in complying with this policy. i. County Information Technology support may not assist in troubleshooting device usability issues. k. Texting or emailing while driving is not permitted while working or using County vehicles. Only hands-free talking while driving is permitted when using County resources. 12. Physical Security a. Personnel must badge in and out of access -controlled areas. Piggybacking, tailgating, door propping and any other activity to circumvent door access controls are prohibited. b. Visitors accessing card -controlled areas of facilities must be accompanied by authorized personnel at all times. c. Eating and/or drinking is prohibited in data centers. d. Caution must be used when eating or drinking near workstations or information processing facilities. 13. Privacy a. Information created, sent, received, or stored on County information technology resources are not private and may be accessed by County Information Technology employees at any time, under the direction of County executive management and/or Human Resources, without knowledge of the user or resource owner. b. The County may log, review, and otherwise utilize any information stored on or passing through its information technology resources. c. County Information Technology staff and other authorized County personnel may have privileges that extend beyond those granted to standard business personnel. Personnel with extended privileges shall not access files and/or other information that is not specifically required to carry out employment-related tasks. Page 112 86 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 12 of 17 L All mobile device usage in relation to County information technology resources may be monitored at the discretion of County. j. County Information Technology support for personally owned mobile devices is limited to assistance in complying with this policy. i. County Information Technology support may not assist in troubleshooting device usability issues. k. Texting or emailing while driving is not permitted while working or using County vehicles. Only hands-free talking while driving is permitted when using County resources. 12. Physical Security a. Personnel must badge in and out of access -controlled areas. Piggybacking, tailgating, door propping and any other activity to circumvent door access controls are prohibited. b. Visitors accessing card -controlled areas of facilities must be accompanied by authorized personnel at all times. c. Eating and/or drinking is prohibited in data centers. d. Caution must be used when eating or drinking near workstations or information processing facilities. 13. Privacy a. Information created, sent, received, or stored on County information technology resources are not private and may be accessed by County Information Technology employees at any time, under the direction of County executive management and/or Human Resources, without knowledge of the user or resource owner. b. The County may log, review, and otherwise utilize any information stored on or passing through its information technology resources. c. County Information Technology staff and other authorized County personnel may have privileges that extend beyond those granted to standard business personnel. Personnel with extended privileges shall not access files and/or other information that is not specifically required to carry out employment-related tasks. Page 112 86 14. Removable Media a. The use of removable media for storage of County information must be supported by a reasonable business case. b. All removable media use must be approved by the County Information Technology Department prior to use. c. Personally owned removable media use is not permitted for storage of County information and shall not be interfaced with County information technology resources. d. Personnel are not permitted to connect removable media from an unknown origin without prior approval from the County Information Technology Department. e. Confidential and internal County information should not be stored on removable media without the use of encryption. f. All removable media must be stored in a safe and secure environment. g. The loss or theft of a removable media device that may have contained any County information must be reported to the County Information Technology Department immediately. 15. Security Training and Awareness a. All new personnel must complete an approved cybersecurity awareness training prior to, or within 30 days of, being granted access to any County Information technology resources. b. All personnel must be provided with and acknowledge they have received and agree to adhere to the County Information Security Policies before they are granted access to County Information technology resources. c. All personnel must complete the annual security awareness training and any assigned remedial training. 16. Social Media a. Communications made with respect to social media shall be made in compliance with all applicable County policies. Page 1 13 87 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 13 of 17 14. Removable Media a. The use of removable media for storage of County information must be supported by a reasonable business case. b. All removable media use must be approved by the County Information Technology Department prior to use. c. Personally owned removable media use is not permitted for storage of County information and shall not be interfaced with County information technology resources. d. Personnel are not permitted to connect removable media from an unknown origin without prior approval from the County Information Technology Department. e. Confidential and internal County information should not be stored on removable media without the use of encryption. f. All removable media must be stored in a safe and secure environment. g. The loss or theft of a removable media device that may have contained any County information must be reported to the County Information Technology Department immediately. 15. Security Training and Awareness a. All new personnel must complete an approved cybersecurity awareness training prior to, or within 30 days of, being granted access to any County Information technology resources. b. All personnel must be provided with and acknowledge they have received and agree to adhere to the County Information Security Policies before they are granted access to County Information technology resources. c. All personnel must complete the annual security awareness training and any assigned remedial training. 16. Social Media a. Communications made with respect to social media shall be made in compliance with all applicable County policies. Page 1 13 87 b. Personnel are personally responsible for the content they publish online. c. Creating any public social media account intended to represent the County, including accounts that could reasonably be assumed to be an official County account, requires approval in writing by the County Administrator. d. When discussing the County or County related matters, you must: Identify yourself by name; and Identify yourself as a County representative; and iii. Make it clear that you are speaking for yourself and not on behalf of the County unless you have been explicitly approved to do so. e. Personnel shall not misrepresent their role at County. f. When publishing County -relevant content online in a personal capacity, a disclaimer must accompany the content. Example disclaimer: "The opinions and content are my own and do not necessarily represent County's position or opinion." Content posted online should not violate any applicable laws (i.e. copyright, fair use, financial disclosure, or privacy laws). h. Discrimination (including age, sex, race, color, creed, religion, ethnicity, sexual orientation, gender, gender expression, national origin, citizenship, disability, or marital status or any other legally recognized protected basis under federal, state, or local laws, regulations, or ordinances) in published content that is affiliated with County will not be tolerated. i. Confidential information, internal communications and non-public financial or operational information may not be published online in any form. j. Personal information belonging to County residents may not be published online. k. Indian River County reserves the right to remove or hide inappropriate content, including, but not limited to: Page 1 14 88 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 14 of 17 b. Personnel are personally responsible for the content they publish online. c. Creating any public social media account intended to represent the County, including accounts that could reasonably be assumed to be an official County account, requires approval in writing by the County Administrator. d. When discussing the County or County related matters, you must: Identify yourself by name; and Identify yourself as a County representative; and iii. Make it clear that you are speaking for yourself and not on behalf of the County unless you have been explicitly approved to do so. e. Personnel shall not misrepresent their role at County. f. When publishing County -relevant content online in a personal capacity, a disclaimer must accompany the content. Example disclaimer: "The opinions and content are my own and do not necessarily represent County's position or opinion." Content posted online should not violate any applicable laws (i.e. copyright, fair use, financial disclosure, or privacy laws). h. Discrimination (including age, sex, race, color, creed, religion, ethnicity, sexual orientation, gender, gender expression, national origin, citizenship, disability, or marital status or any other legally recognized protected basis under federal, state, or local laws, regulations, or ordinances) in published content that is affiliated with County will not be tolerated. i. Confidential information, internal communications and non-public financial or operational information may not be published online in any form. j. Personal information belonging to County residents may not be published online. k. Indian River County reserves the right to remove or hide inappropriate content, including, but not limited to: Page 1 14 88 L Profane language or content; or ii. Personal attacks; or iii. Sexual content or links to sexual content; or iv. Content that includes unlawful conduct; or V. Comments that are clearly off topic from the posted topics; or vi. Advertising services, entities, products or solicitations of commerce; or vii. Spam or links to other websites, pages, or accounts; or viii. Information that may compromise the safety or security of the public or public systems; or ix. Content that defames any person, group, or organization. 17. Voicemail a. Personnel should use discretion in disclosing confidential or internal information in voicemail greetings, such as employment data, internal telephone numbers, location information or other sensitive data. b. Personnel shall not access another user's voicemail account unless it has been explicitly authorized. c. Personnel must not disclose confidential information in voicemail messages. 18. Incidental Use a. As a convenience to County personnel, incidental use of information technology resources is permitted. The following restrictions apply: i. Incidental personal use of electronic communications, internet access, fax machines, printers, copiers, and so on, is restricted to County approved personnel; it does not extend to family members or other acquaintances. ii. Incidental use should not result in direct costs to the County. iii. Incidental use should not interfere with the normal performance of an employee's work duties. iv. No files or documents may be sent or received that may cause legal action against, or embarrassment to, the County or its residents. Page 115 -M SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 15 of 17 L Profane language or content; or ii. Personal attacks; or iii. Sexual content or links to sexual content; or iv. Content that includes unlawful conduct; or V. Comments that are clearly off topic from the posted topics; or vi. Advertising services, entities, products or solicitations of commerce; or vii. Spam or links to other websites, pages, or accounts; or viii. Information that may compromise the safety or security of the public or public systems; or ix. Content that defames any person, group, or organization. 17. Voicemail a. Personnel should use discretion in disclosing confidential or internal information in voicemail greetings, such as employment data, internal telephone numbers, location information or other sensitive data. b. Personnel shall not access another user's voicemail account unless it has been explicitly authorized. c. Personnel must not disclose confidential information in voicemail messages. 18. Incidental Use a. As a convenience to County personnel, incidental use of information technology resources is permitted. The following restrictions apply: i. Incidental personal use of electronic communications, internet access, fax machines, printers, copiers, and so on, is restricted to County approved personnel; it does not extend to family members or other acquaintances. ii. Incidental use should not result in direct costs to the County. iii. Incidental use should not interfere with the normal performance of an employee's work duties. iv. No files or documents may be sent or received that may cause legal action against, or embarrassment to, the County or its residents. Page 115 -M b. Storage of personal email messages, voice messages, files, and documents within County information technology resources must be kept to a minimum. c. All information located on County information technology resources is owned by County may be subject to public records requests and may be accessed in accordance with this policy. V. Disciplinary Action All employees found to have violated any of the policy statements defined within this policy will be subject to discipline up to and including dismissal in accordance with County policy. VI. Procedures, Guidelines, Forms and Other Related Resources VII. References APM 1200.3 Awareness and Training APM 1200.5 Planning APM 1200.6 Identification and Authentication APM 1200.7 System and Communication Protection APM 1200.9 Access Control APM 1200.11 Assessment, Authorization, and Monitoring APM 1200.14 Media Protection APM 1200.15 Physical and Environmental Protection APM 1200.16 Personnel Security APM 1200.20 Personally Identifiable Information Processing and Transparency VII. Responsibility Information Technology Department Page 1 16 90 SECTION NUMBER EFFECTIVE DATE Information ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL SUBJECT PAGE Acceptable Use Page 16 of 17 b. Storage of personal email messages, voice messages, files, and documents within County information technology resources must be kept to a minimum. c. All information located on County information technology resources is owned by County may be subject to public records requests and may be accessed in accordance with this policy. V. Disciplinary Action All employees found to have violated any of the policy statements defined within this policy will be subject to discipline up to and including dismissal in accordance with County policy. VI. Procedures, Guidelines, Forms and Other Related Resources VII. References APM 1200.3 Awareness and Training APM 1200.5 Planning APM 1200.6 Identification and Authentication APM 1200.7 System and Communication Protection APM 1200.9 Access Control APM 1200.11 Assessment, Authorization, and Monitoring APM 1200.14 Media Protection APM 1200.15 Physical and Environmental Protection APM 1200.16 Personnel Security APM 1200.20 Personally Identifiable Information Processing and Transparency VII. Responsibility Information Technology Department Page 1 16 90 VIII. Authority Approval and Signature Approved: John Titkanich County Administrator VIII. History VERSION SECTION CHANGES DEPT/INDIVIDUAL 1.1 04.25.24 NUMBER EFFECTIVE DATE Information updated organization structure. ADMINISTRATIVE Technology AM -1200.21 5/21/2024 POLICY MANUAL Messaging" to Policy Statement. SUBJECT PAGE - Added section 8 "Microsoft OneDrive" to Acceptable Use Page 17 of 17 VIII. Authority Approval and Signature Approved: John Titkanich County Administrator VIII. History VERSION DATE CHANGES DEPT/INDIVIDUAL 1.1 04.25.24 - Revised the policy scope to reflect IT/R. Miller updated organization structure. - Added section 7 "Microsoft Teams Messaging" to Policy Statement. - Added section 8 "Microsoft OneDrive" to Policy Statement. - All policy sections after section 7 and 8 have been renumbered due to the addition of section 7 and 8. - Revised section 15 regarding updates in changes to the social media policy and procedures. - Minor grammatical/formatting fixes. 1.0 01.01.23 Initial Publication IT/D. Russell Page 117 91 I Departmental INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Eric Charest, interim Natural Resources Director FROM: Melissa Meisenburg, Sr. Lagoon Environmental Specialist SUBJECT: Anchoring Limitation Area Update DATE: May 10, 2024 DESCRIPTIONS AND CONDITIONS On May 7, 2024, staff brought to the Board of County Commissioners (Board) two Interlocal Agreement (ILA) options for the municipalities requesting Anchoring Limitation Areas (ALA) within their respective jurisdictions. After Board discussions on both options, staff was directed to develop a modified option combining aspects of ILA options I and II. Staff has prepared ILA Option III and is presenting it to the Board for consideration. ILA Option III • The County will provide staff to coordinate with a consultant and the municipalities for the implementation of Anchoring Limitation Areas (ALA) within the respective jurisdictions. • The County will secure the services of a consultant to coordinate with the County and the municipalities on the design, permitting and installation of signs and buoys within the ALA. • The County will work with the consultant to acquire the permit through FWC for the number of required signs and buoys and placement. • The consultant will work with each municipality to acquire the necessary permits through the USACE, FDEP and USCG for sign and buoy deployment. The municipalities will be the permit holder for the necessary markers identifying the ALAS in their respective jurisdictions. • The consultant will develop a bid package for the deployment of uniform waterway markers per the guidelines established in the FWC, USACE, USCG and FDEP permits. • The County will advertise and award a piling and buoy/marker installation services contract in accordance with County purchasing guidelines encompassing the participating municipalities required marking needs for the identified ALA areas. • The consultant will work directly with the municipalities on piling and buoy installation by providing construction oversight of the contractor receiving the award of bid from the County. • After initial installation, the municipalities will be responsible for on-going monitoring and maintenance of the pilings, signs, and buoys within their respective jurisdictions. 92 Page 2 Anchoring Limitation Area Update May 21, 2024, BCC Meeting • Each municipality will serve as the primary enforcement agency within their jurisdictional limits. • The municipalities will reimburse the County 100% of their respective costs associated with the expenses incurred by the County for consultant services related to permitting, bidding and installation of the pilings, signs, buoys, and anchors, as well as mobilization, materials, and installation costs for the required signage and markers identifying the ALA within their respective jurisdictional boundaries. • In the event a municipality fails to reimburse the County in a timely manner for their respective costs in the County establishing the ALA, the County reserves the right to amend the ALA ordinance, permit and map to exclude the area from that municipality. • In the event a municipality fails to monitor, maintain, or enforce the ALA, the County reserves the right to amend the ALA ordinance, permit and map to exclude the area. FUNDING Funding for ILA Option III will require approximately $42,500.00 to $75,000.00 for the design, permitting paperwork, bid and mobilization in addition to the estimated amount of $213,000.00 to $254,000.00 for construction. Funds will be made available via a budget amendment in the Florida Boating Fund/Lagoon/Other Contractual Services account, number 13328337-033490. It is anticipated per ILA Option III, that a significant portion of the funding identified would be reimbursed to the County by the participating jurisdictions. Account Description Account Number Amount Florida Boating Fund/Lagoon/Other Contractual Services 13328337-033490 $255,500.00-$329,000.00 RECOMMENDATION Staff is seeking approval from the Board of County Commissioners to move forward with establishing ALAS for the partnering municipalities utilizing ILA Option III. ATTACHMENTS 1. May 7, 2024, BCC Agenda Item 12.E.1 Anchoring Limitation Area Update APPROVED AGENDA ITEM FOR May 21, 2024 93 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Eric Charest, Interim Natural Resources Director FROM: Melissa Meisenburg, Sr. Lagoon Environmental Specialist SUBJECT: Anchoring Limitation Area Update DATE: April 26, 2024 DESCRIPTIONS AND CONDITIONS Florida Statute 327.4108 grants a county the right to establish Anchoring Limitation Areas (ALA) prohibiting the anchoring of a vessel for more than 45 consecutive days in a six-month period. Anchoring limitation areas must be adjacent to urban areas with residential docking facilities and significant recreational boating traffic. Each designated area must be less than 100 acres with the cumulative ALA not to exceed ten percent of the county's delineated navigable -in -fact waterway and may not include a mooring field or marina. The maximum number of acres eligible for ALA designation in the County is 1,648. The designated areas must be marked with waterway signs and buoys permitted and installed in accordance with Florida Statutes 327.40 and 327.41 and Florida Fish and Wildlife Conservation Commission (FWC) rules. Required permits include FWC, Florida Department of Environmental Protection (FDEP), United States Army Corps of Engineers (USACE) and the United States Coast Guard (USCG). Signs must provide reasonable notice to boaters identifying the maximum duration of anchoring and the county's ordinance. The size and shape of the anchoring limitation area will determine the number of signs and buoys. Waterway marker signs must be placed on each side or entry point within each designated zone of the ALA, with buoys placed every 175 yards or less to mark the boundary. Under Statute 327.4108, only a county is authorized to establish an ALA. Therefore, the City of Vero Beach, the Town of Indian River Shores and the City of Sebastian passed resolutions in 2023, requesting the Board of County Commissioners to adopt the areas set forth in the proposed maps (Attachments 1, 3 and 5) as areas of limited local anchoring. The establishment of ALAS requires the development of a county ordinance, a minimum 30 -day notice to FWC of the proposed public hearing date and the adoption of the ordinance. Jurisdiction Acreage City of Sebastian 291.33 Town of Indian River Shores 210 City of Vero Beach 183.1 Total 684.43 94 Page 2 Anchoring Limitation Area Update May 7, 2024 BCC Meeting FUNDING An established ALA will require FWC approval of the sign content, as well as sign and buoy placement. Sign placement is estimated to cost $4,000.00 per piling, while buoys are expected to cost between $500.00-$1,000.00 per installed buoy. The following table provides the estimated amount for installation of signs and buoys within each municipality based on guidance from FWC and information obtained from Counties with established ALAS. The table does not include monitoring and maintenance costs of the signs or buoys. Jurisdiction Estimated Installation Costs City of Sebastian $63,000.00-$78,000.00 Town of Indian River Shores $43,000.00-$50,000.00 City of Vero Beach $107,000.00-$126,000.00 Estimated Total $213,000.00-$254,000.00 There are two Interlocal Agreement options being proposed between the County and the municipalities. ILA Option I: • The County will serve as the permittee with FWC for signs and buoy requirements for the adopted ALA. • Each municipality will be responsible for permitting and permitting costs through USACE, USCG and FDEP for sign and buoy deployment. • Each municipality will be responsible for the installation of the pilings, signs, buoys, and anchors within their respective ALA. • Each municipality will be responsible for monitoring and maintaining the pilings, signs, and buoys within their ALA. • Each municipality will serve as the primary enforcement agency within their jurisdictional limits. • The County will partner with each municipality to reimburse 50% of the costs associated with the installation of the pilings, signs, buoys, and anchors. • In the event a municipality fails to monitor, maintain, or enforce the ALA the County reserves the right to amend the ALA ordinance and permit to exclude the ALA. Funding in the estimated amount of $106,500.00 to $127,000.00, will be made available via a budget amendment in the Florida Boating Fund/Lagoon/Other Contractual Services account, number 13328337-033490. Account Description Account Number Amount Florida Boating Fund/Lagoon/Other Contractual Services 13328337-033490 $106,500.00-$127,000.00 M Page 3 Anchoring Limitation Area Update May 7, 2024 BCC Meeting ILA Option II: • The County will serve as the permittee with FWC for signs and buoy requirements for the adopted ALA. • The County will be responsible for permitting and permitting costs through USACE, USCG and FDEP for sign and buoy deployment. The County shall invoice the Cities for all costs associated with this effort. • The County will be responsible for the installation of the pilings, signs, buoys, and anchors within the respective ALA. The County shall invoice the Cities for all costs associated with this effort. • The County will be responsible for monitoring and maintaining the pilings, signs, and buoys within the ALA. The County shall invoice the Cities for all costs associated with this effort. • Each municipality will serve as the primary enforcement agency within their jurisdictional limits. • The municipalities will cover 100% of the costs associated with the installation of the pilings, signs, buoys, and anchors located within their jurisdiction. • In the event a municipality fails to reimburse the County, monitor, maintain, or enforce the ALA the County reserves the right to amend the ALA ordinance and permit to exclude the ALA zone. While option II is the requesting municipalities preferred course of action, there are additional considerations. Option II will require surveys of submerged land and easements forthe County to acquire the necessary permits. In addition, if the County is the responsible party for the installation and maintenance of the pilings, signs and buoys, the County will take on all liability associated with the infrastructure including accidents caused by missing or damaged signs and buoys. Funding for ILA option II will require approximately $42,500.00 for the design, permitting paperwork, bid and mobilization in addition to the estimated amount of $213,000.00 to $254,000.00 for construction. This does not include the costs associated with the surveys required for the execution of the easements. Funds will be made available via a budget amendment in the Florida Boating Fund/Lagoon/Other Contractual Services account, number 13328337-033490. Account Description Account Number Amount Florida Boating Fund/Lagoon/Other Contractual Services 13328337-033490 $255,500.00-$296,500.00 RECOMMENDATION Staff is seeking guidance from the Board of County Commissioners on the provisions to include in the interlocal agreements (ILA) between the County and the requesting municipalities based on the two options presented. 96 Page 4 Anchoring Limitation Area Update May 7, 2024 BCC Meeting ATTACHMENTS 1. City of Sebastian Proposed ALA Map 2. City of Sebastian Resolution No. 23-29 3. City of Vero Beach Proposed ALA Map 4. City of Vero Beach Resolution No. 23-22 5. Town of Indian River Shores Proposed ALA Map 6. Town of Indian River Shores Resolution No. 23-13 APPROVED AGENDA ITEM FOR May 7, 2024 97 Anchoring Limitation Areas (ALA) Natural Resources Department May 21, 2024 May 7, 2024, Board of County Commissioners meeting, staff was directed to modify the two ILA Options presented, to better support the implementation of the ALA between the County and the requesting municipalities. 5/21/2024 Item 12.E.1. 5/21/2024 Item 12.E.1. 1. The County will provide staff to coordinate with a consultant and the municipalities for the implementation of Anchoring Limitation Areas (ALA) within the respective jurisdictions. 2. The County will secure the services of a consultant to coordinate with the County and the municipalities on the design, permitting and installation of signs and buoys within the ALA. 3. The County will work with the consultant to acquire the permit through FWC for the number of required signs and buoys and placement. 4. The consultant will work with each municipality to acquire the necessary permits through the USACE, FDEP and USCG for sign and buoy deployment. The municipalities will be the permit holder for the necessary markers identifying the ALAs in their respective jurisdictions. 5. The consultant will develop a bid package for the deployment of uniform waterway markers per the guidelines established in the FWC, USACE, USCG and FDEP permits. 6. The County will advertise and award a piling and buoy/marker installation services contract in accordance with County purchasing guidelines encompassing the participating municipalities required marking needs for the identified ALA areas. �I- 2 5/21/2024 Item 12.E.1. 7. The consultant will work directly with the municipalities on piling and buoy installation by providing construction oversight of the contractor receiving the award of bid from the County. 8. After initial installation, the municipalities will be responsible for on-going monitoring and maintenance of the pilings, signs, and buoys within their respective jurisdictions. 9. Each municipality will serve as the primary enforcement agency within their jurisdictional limits. 10. The municipalities will reimburse the County 100% of their respective costs associated with the expenses incurred by the County for consultant services related to permitting, bidding and installation of the pilings, signs, buoys, and anchors, as well as mobilization, materials, and installation costs for the required signage and markers identifying the ALA within their respective jurisdictional boundaries. 11. In the event a municipality fails to reimburse the County in a timely manner for their respective costs for the County establishing the ALA, the County reserves the right to amend the ALA ordinance, permit and map to exclude the area from that municipality. 12. In the event a municipality fails to monitor, maintain, or enforce the ALA, the County reserves the right to amend the ALA ordinance, permit and map to exclude the area. 11- 3 5/21/2024 Item 12.E.1. • ILA Option III will require approximately $42,500.00 to $75,000.00 for the design, permitting, bid, and construction oversight in addition to the estimated amount of $213,000.00 to $254,000.00 for construction (marker installation). • A significant portion of the funding for the ALA will be reimbursed to the County by the participating municipalities under ILA Option III. • Funding in the estimated amount of $255,500.00 to $329,000.00* will be made available via a budget amendment in the Florida Boating Fund/Lagoon/Other Contractual Services Account, 13328337-033490. *Estimated amount, actual costs may vary Staff is seeking approval from the Board of County Commissioners to move forward with establishing the ALAS for the partnering municipalities utilizing ILA Option III. q1.-4 5/21/2024 Item 12.E.1. I 1� 5 /A INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr.; County Administrator FROM: Andrew Sobczak, Planning & Development Services Director DATE: May 8, 2024 SUBJECT: Waiver of Development Application and Inspection Fees for Affordable Housing Proj ects It is requested that the data presented herein be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of May 21, 2024. BACKGROUND & ANALYSIS On April 4, 2024, Indian River Habitat for Humanity requested that staff waive the development application fees for their Gifford Gardens residential subdivision project (e.g. preliminary plat application fee, land clearing permit fee, conditional concurrency application fee, etc.). Upon receipt of the request, Planning and Development Services (PDS) staff reviewed the applicable County land development regulations (LDRs) and the current development application fee schedules, and determined that the current provisions do not allow the PDS Director or the Public Works Director to waive their respective fees, for development applications of this scale, even for affordable housing projects. Given the critical need for affordable housing within the County, PDS staff coordinated with County Administration and Public Works staff and is proposing to add a provision to the County's current fee schedules to allow the PDS Director and Public Works Director to waive any development application and/or inspection fees for their respective departments specifically for affordable housing projects. To avoid overcomplicating this process, fees may or may not be waived based on each project's delivery of affordable housing. Staff are proposing that each respective Director be given the discretion to waive their respective fees on a project -by -project basis. It should be noted that pre -application conferences, where an applicant or developer can discuss a proposed project with appropriate staff at the conceptual level, are currently free for site plans or planned development (PD) projects. In the past year, staff has held several pre -application conferences to discuss potential affordable housing projects. However, none of those projects have been submitted formally, thus triggering the requirement for payment of application fees. Since the formal project submittal by Habitat for Humanity for the Gifford Gardens is imminent, staff would like to proactively update the applicable fee schedules for affordable housing projects in preparation. 981 RECOMMENDATION Staff recommends that the Board of County Commissioners grant the authority for the Planning and Development Services Director and Public Works Director to waive their respective development application and/or inspection fees for affordable housing projects and adopt the associated fee resolution. ATTACHMENTS 1. Fee Resolution 992 RESOLUTION NO. 2024 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING REVISED DEVELOPMENT REVIEW FEE SCHEDULES FOR PLANNING AND PUBLIC WORKS FOR AFFORDABLE HOUSING PROJECTS. WHEREAS, the Board of County Commissioners has the authority to establish fees pursuant to Florida Statutes Chapter 125; and WHEREAS, in an effort to support the provision of additional affordable housing units in Indian River County, the Board of County Commissioners agrees to grant the authority to waive the collection of development application and/or inspection fees for affordable housing projects; NOW THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that the attached Planning and Development Services fee schedule (see Exhibit "A") and the attached Public Works fee schedule (see Exhibit `B") are hereby adopted. The effective date of the fees contained in both fee schedules is May 21, 2024. Exhibits "A" and "B" are attached to and incorporated as part of this resolution. PASSED AND ADOPTED on this day of 2024. The foregoing resolution was offered by Commissioner and the motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of .2024. BOARD OF COUNTY COMMISSIONERS M. OF INDIAN RIVER COUNTY Susan Adams, Chairman 104 RESOLUTION NO. 2024 - ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk State of Florida County of Indian River I HEREBY CERTIFY that on this day, before me, an officer duly authorized in this State and County to take acknowledgments, personally appeared , and as Chairman of the Board of County Commissioners and Deputy Clerk, respectively, to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal in the County and State last aforesaid this day of 92024. Notary Public APPROVED AS TO LEGAL SUFFICIENCY William K. DeBraal, County Attorney APPROVED AS TO PLANNING MATTERS Andrew Sobczak, Planning & Development Services Director 101 EXHIBIT "A" FEE SCHEDULE BCC Approved: 5-21-2024 Effective Date: 5-21-2024 Planning Development Application Fees APPLICATION TYPE FEE RE -REVIEW FEE Pre -application Site Plan and PD Free N/A Pre -application Subdivision $750.00 N/A Administrative Approval (AA) $400.00 $100.00 Administrative Approval Fence/Wall $150.00 $37.50 Affidavit of Exemption (AOE) $2,200.00 $550.00 Minor Site Plan $1,100.00 $275.00 Major Site Plan Staff Level Less than 5 acres $2,200.00 $550.00 5-10 acres $2,600.00 $650.00 10 acres or more $3,000.00 $750.00 Major Site Plan Planning & Zoning Commission Less than 5 acres $2,500.00 $625.00 5-10 acres $2,900.00 $725.00 10 acres or more $3,300.00 $825.00 Special Exception (includes site plan fee) Less than 40 acres $3,700.00 $925.00 40-100 acres $4,600.00 $1,150.00 Over 100 acres + $50.00 for each additional 25 acres $5,500.00 $1,375.00 over 100 acres Conceptual PD Less than 20 acres $2,700.00 $675.00 20-40 acres $3,500.00 $875.00 Over 40 acres + $100.00 for each additional 25 acres $4,500.00 $1,125.00 over 40 acres PD Rezoning Less than 20 acres $ 3,000.00 $750.00 20-40 acres $ 4,000.00 $1,000.00 Over 40 acres + $100.00 for each additional 25 acres $5,000.00 $1,250.00 over 40 acres Preliminary PD or Plat Less than 20 acres $1,500.00 $375.00 20-40 acres $2,000.00 $500.00 Over 40 acres + $100.00 for each additional 25 acres $2,500.00 $625.00 over 40 acres Concurrent PD Rezoning/Conceptual Plan and Combine above N/A Preliminary Plan Request applicable fees and subtract $400.00 Concurrent PD Conceptual Special Exception and Combine above N/A Preliminary Plan Request applicable fees and subtract $400.00 Final Plat or PD $2,300.00 $575.00 1 102 EXHIBIT "A" FEE SCHEDULE BCC Approved: 5-21-2024 Effective Date: 5-21-2024 Planning Development Application Fees (Cont'd) APPLICATION TYPE FEE RE -REVIEW FEE Temporary Suspension of Compliance for CO or CC $100.00 N/A (does not cover extra inspections necessary for final items completed later) Right-of-way Abandonment $1,000.00 $250.00 Plat Vacation $1,400.00 $350.00 Appeal by Affected Party $900.00 N/A Appeal of Staff Determination not related to $800.00 N/A development application Temporary Use Permit $150.00 $37.50 Temporary Use Renewal $100.00 N/A Zoning Confirmation Letter & Code Compliance $75.00 N/A Determination Unity of Title $50.00 N/A Dissolution of Unity of Title $100.00 $25.00 Variance $1,000.00 N/A Deminimus Variance (staff approval) $75.00 N/A LDR Amendment $1,500.00 N/A Development of Regional Impact Reviews Residential Less than 40 acres $3,300.00 N/A 40 acres or more + $150.00 for each additional 25 $3,300.00 N/A acres over 40 acres Commercial/Mixed Use Less than 500,000 sq. ft. of building area $3,900.00 N/A 500,000 sq. ft. or more + $300.00 for each additional $3,900.00 N/A 50,000 sq. ft. over 500,000 sq. ft. Substantial Deviation Same formula as N/A original fee Minor Amendment (NOPC) $1,500.00 N/A Annual Report Review (As State Law Provides) $500.00 N/A Notes: 1. Re -review fees apply at the time of the 2nd re -review (3'd staff review of project plans) and are charged for each subsequent review. Each re -review fee is based on 25% of the initial application fee. 2. Application and/or inspection fees for any of the above -referenced items may be waived by the Planning & Development Services Director for affordable housing projects. 2 103 EXHIBIT "A" FEE SCHEDULE BCC Approved: 5-21-2024 Effective Date: 5-21-2024 Long Range Planning Fees APPLICATION TYPE FEE Rezoning (RZON) $3,000.00 Land Use Designation Amendment (LUDA) (for property 10 acres in size and larger) $5,000.00 Luda and Rezoning Combination $6,000.001, Small Scale LUDA (for property less than 10 acres in size) $3,000.00! LUDA or RZON pre -application with staff $0.00' Comprehensive Plan Text Amendment (CPTA) $3,000.00' Commercial and Multi -Family Concurrency (conditional or initial/final) $150.00, Single -Family Concurrency (RSF) $75.00 Impact Fee Refund $0.00' Concurrency Determination Appeal $200.00 Vested Right Appeal $400.00 i Application for proportionate Fair Share Mitigation -$325.0011 **$580.00; ***$100.00 *If link is in the CIE ** If link is not in the CIE ***additional link cost Impact Fees Individual Assessment $0.001 Traffic Impact Fees Credit Agreement $0.00 Note: Application and/or inspection fees for any of the above -referenced items may be waived by the Planning & Development Services Director for affordable housing projects. Code Enforcement & Natural Resources Fees APPLICATION TYPE FEE CCCL/LONO Letter $200.00 Alcoholic Beverage $75.00 Home Occupation $65.00 Declaration of Covenant $75.00 Release of Easement $120.00 Sign Permit (per sign, not including building permit fee) $60.00 Vacation Rental $250.00 Site Plan/PD CO Re -inspection fee (after 2 inspections, each occurrence) $50.00 Dune Vegetation/Maintenance Permit $130.00 Land Clearing (site plan, subdivision, PD) $120.00 Land Clearing (single family residence) $50.00 Tree Removal (site plan, subdivision, PD) $200.00 Tree Removal (single family residence) $50.00 Mining Permit (after site plan approval) $360.00 Pond Permit $150.00 Wetland Resource Permit $300.00 Note: Application and/or inspection fees for any of the above -referenced items may be waived by the Planning Development Services Director for affordable housing projects. 3 104 EXHIBIT "B" FEE SCHEDULE BCC Approved: 5-21-2024 Effective Date: 5-21-2024 Public Works Application Fees FEE SCHEDULE CATEGORY FEE Stormwater Permit (Type A) $850.00 Stormwater Permit (Type B) $850.00 Stormwater Permit (Type C) $225.00 Single Family ROW & Drainage Review (Private) $180.00 Single Family ROW & Drainage Review / Permit (Public) $180.00 Utility Right -of -Way Permit $800.00 LDP Right -of -Way Permit $800.00 Commercial R/W Permit (includes turn lanes, culverts, sidewalks) $800.00 Commercial R/W Permit (no culverts, turn lanes, sidewalks) $300.00 Re -inspection Fee (each occurrence) After 2nd Re -inspection $400.00 Plan Review Fee (each occurrence) After 3rd Resubmittal $400.00 Inspection Fee Single -Family Subdivision $100.00 per lot Inspection Fee Major Site Plan Multi -Family Project $75.00 per unit Inspection Fee Major Site Plan Commercial Project $1,000.00 per project site acre Inspection Fee Commercial Subdivision $1,000.00 per project site acre Inspection Fee Solar Facility $1,000.00 per impervious acre Land Development Permit (LDP) — Subdivision Fees 0 - 5 Acres $2,000.00 5 — 20 Acres $2,900.00 20 — 40 Acres $3,900.00 Over 40 Acres $3,900.00 + $250.00 per additional 20 acres Land Development Permit (LDP) — Planned Development Fees 0 - 5 Acres $1,500.00 5 — 20 Acres $2,400.00 20 — 40 Acres $3,400.00 Over 40 Acres $3,400.00 + $250.00 per additional 20 acres Notes: 1. Inspection Fees for single-family subdivisions and commercial subdivisions will be due prior V issuance of a Certificate of Completion for each phase. For multi -family projects, commercial projects, and solar facilities, inspection fees are due prior to issuance of a site Certificate f Occupancy (C.O.) for the project (or project phase). 2. For major site plan commercial projects, commercial subdivisions, and solar facilities the inspection fee shall be applied to fractional acreage amounts. For example a 1.7 acre commercial project/commercial subdivision inspection fee would be calculated as 1.7 x $1,000 = $1,700. 3. Application and/or inspection fees for any of the above -referenced items may be waived by the Public Works Director for affordable housing projects. 1 105 5/21/2024 Item 12.1-1.1. WAIVER OF DEVELOPMENT APPLICATION AND INSPECTION FEES FOR AFFORDABLE HOUSING PROJECTS �v A z '+sLOg19P' BOARD OF COUNTY COMMISSIONERS MEETING — MAY 21sT gn94 - AFFORDABLE HOUSING ... HOW IS IT DEFINED? - PRE -APPLICATION CONFERENCES FOR CONCEPTUAL SITE PLANS AND PD PROJECTS ARE FREE. - WHAT ARE THE FEES? - WHAT OTHER INCENTIVES ARE AVAILABLE FOR AFFORDABLE HOUSING PROJECTS? 105- 1 5/21/2024 Item 12.1-1.1. STAFF RECOMMENDATION: STAFF RECOMMENDS THAT THE BOARD OF COUNTY COMMISSIONERS GRANT THE AUTHORITY FOR THE PLANNING AND DEVELOPMENT SERVICES DIRECTOR. AND PUBLIC WORKS DIRECTOR TO WAIVE THEIR RESPECTIVE DEVELOPMENT APPLICATION AND/OR INSPECTION FEES FOR AFFORDABLE HOUSING PROJECTS BY ADOPTING THE FEE RESOLUTION. William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney /3a Of CE Of Attorney's Matters 05/21 /2024 I 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: May 15, 2024 SUBJECT: Service Agreement with Southeast Florida Behavioral Health Network for Administration of Opioid Class Action Lawsuit Settlement Fund Allocation At its meetings of December 12, 2023, and January 9, 2024, 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 lawsuit settlement funds to local entities for opioid related abatement and treatment. The County will receive $1,841,140.00 for FY 2023-24. The amount of funds distributed under the agreement will be split with $825,000 going to Coordinated Opioid Recovery (CORE) Services such as the local hospitals and first responders and $1,016,140.00 going to the Organizations previously approved by the Board: Indian River County Sheriff, Substance Awareness Center, IRC Mental Health Collaborative, 19th Judicial Circuit Drug Court and Treasure Coast Homeless Council. Because the County is small in population, under 300,00 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 with manufacturers and distributors of opioid prescription drugs. Pursuant to the Agreement, the funds will be distributed on a cost reimbursement basis. The above cited Organizations selected to receive funds will submit an invoice to Southeast with a purpose and description of the services provided by the Organization. After approval of the invoice by Southeast, Southeast will remit payment to the Organization. The list of reimbursable services is found on Exhibit "A" attached to the Agreement. The County Attorney's Office has reviewed the Agreement and it has been approved as to form and legal sufficiency. As the Board heard on January 9, Southeast distributes grant funds for a variety of different purposes to many service organizations in the Treasure Coast area. Since that time staff has learned that the payouts from the settlement funds and the awards allotted to the local entities can "roll over" to the next fiscal year and will not be swept up or deducted from future annual payouts. 106 Southeast Service Agreement May 15, 2024 Page 12 FUNDING. Any funds received by the Board will require 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 approve the Service Agreement with Southeast Florida Behavioral Health Network and authorize the Chairman to execute the Agreement on behalf of the Board. Attachments: Service Agreement Copies sent by email to: Amanda Busbin amanda.busbin@sefbhn.org 107 SERVICE AGREEMENT This Agreement, AGR75, between Southeast Florida Behavioral Health Network, Inc., hereinafter referred to as SEFBHN, and the Indian River County Board of County Commissioners, hereinafter referred to as the Provider, shall be effective July 1, 2023 until June 30, 2024. A. Scope of Work to be Performed The scope of work will encompass the following areas and activities: The Provider will provide substance use services to assist individuals struggling with opioid addiction. B. Tasks The major tasks to be performed by the Provider will encompass providing services for substance use disorder as further described in Attachment A, Scope of Service, herein incorporated by reference. 1. Budget and Compensation The fees set by this Agreement are based upon the Scope of Work listed above, the description of the Scope of Services as detailed in Attachment A, Scope of Service, herein incorporated by reference. The Indian River County Board of County Commissioners will receive $1,841,140.00 for FY 23/24 for services rendered as described in Attachment A, Scope of Service. These funds will be released on a cost reimbursement basis as approved and split as a total of $825,000.00 for CORE Services and $1,016,140.00 for Non -Qualified County Services. The Invoice must be submitted to SEFBHN and include purpose and description of the services performed. The Provider shall only invoice for services that are specified in Attachment A, Scope of Service and have been delivered during the agreement period. For FY 23/24 SEFBHN will remit a total payment of $1,841,140.00, upon receipt of properly completed and approved cost reimbursement invoices by the 10th of each month. 2. Data Collection a. Opioid Settlement (OS) providers will be required to report data directly to the Department through the Florida Opioid Implementation and Financial Reporting System (OIFRS) system. The planned OS data to be collected will include: Service Agreement 1 Agreement No.: AGR75 Indian River County Board of County Commissioners 108 SERVICE AGREEMENT diagnosis(es), demographics, financial, and service provided. SEFBHN's obligation to pay under this Agreement is contingent on the availability of funding for this project being received from the State of Florida through the Opioid Settlement again the three largest pharmaceutical distributors, McKesson, Cardinal Health and AmerisourceBergen ("Distributors"), and one manufacturer, Janssen Pharmaceuticals, Inc., and its parent company Johnson & Johnson (collectively, "Janssen"). The Provider will have no right of action against SEFBHN or the State as a result of lack of sufficient funding. If funds become unavailable, provisions of termination will apply. b. Coordinated Opioid Recovery (CORE) Network of Addiction Care This agreement will require compliance with the Department of Children and Families' Guidance Document 41, Coordinated Opioid Recovery (CORE) Network of Addiction Care, herein incorporated by reference. The current incorporated guidance document is effective as of October 1, 2023 and, any updates to the guidanceft. ymentguidance will also be incorporated. C. Terms and Conditions Any changes to dates an( circumstances arise that wil SEFBHN and obtain written shall perform all services reconciliation, and reports, D. Business Associates approved by SEFBHN. If time, the Provider will notify ;uch activities. The Provider es, including the quarterly Pursuant to the Administrative Simplification provisions of the Health Insurance Portability and Accountability Act of 1996, and Standards for the Privacy and Security of Individually Identifiable Health Information, found at 45 C.F.R. Parts 160, 162 and 164, 42 C.F.R. and as amended by the Health Information Technology for Economic and Clinical Health Act, (collectively, "HIPAA" ), SEFBHN is required to protect certain individually identifiable health or other information ("Protected Health Information" or "PHI" including, but not limited to, PHI in an electronic form). Should SEFBHN request that the Provider share or disclose Client PHI with any of the other SEFBHN designated business associates, SEFBHN shall provide the Provider with written direction indicating the name of the entity, confirmation that such entity is a business associate with a written business associate agreement with SEFBHN and the specific information and/or data SEFBHN desires the Provider to disclose to or share with such other business associate and the Parties agree to execute any such additional agreements as necessary to complete such activities. For purposes of this Agreement, "Client" shall mean: any individual that is eligible to receive behavioral health services in accordance with DCF Service Agreement 2 Agreement No.: AGR75 Indian River County Board of County Commissioners 109 SERVICE AGREEMENT eligibility policies in the Service Area. E. Governing Law and Compliance 1. Governing Law The validity, enforceability, and interpretation of this Agreement, including the Attachments, shall be determined and governed by the laws of the State of Florida, as well as applicable federal laws. The Parties agree that jurisdiction for any dispute, action, claim or alternative dispute resolution proceeding regarding this Agreement shall reside in Martin County, Florida. 2. Florida Regulatory Governance This Agreement, the Attachments and the performance thereof, are subject to the requirements and regulations promulgated by and specific verbiage required by DCF. 3. Corporate Compliance During the term of this Agreement, each Party shall: (i) ensure that it is duly organized, validly existing and in good standing under the laws of Florida; (ii) maintain all requisite federal, state and local authority, permits and licenses necessary or appropriate to operate and to carry out its obligations under this Agreement; (iii) monitor its performance of administrative functions on an ongoing basis to ensure compliance with applicable DCF performance standards and guidelines; and (iv) notwithstanding any term or provision in this Agreement to the contrary, remain ultimately responsible for assuring that it is operating in accordance with all applicable federal, state and local lawles, regulations and ordinances. Am I F. General Provisions 1. Notwithstanding anything in this Agreement to the contrary, the Parties acknowledge and agree that each Party is subject to the Florida Public Records Act under the Florida Contract and under Chapter 119, Florida Statutes. Nonetheless, in the event that a Party becomes legally compelled to disclose any of the Confidential Proprietary Information (the "Compelled Party"), the Compelled Party will provide the other Party with prompt notice thereof so that the other Party may seek a protective order or other appropriate remedy. In the event that such protective order or other remedy is not obtained by the other Party, the Compelled Party will furnish or cause to be furnished only that minimum portion of the Confidential Proprietary Information which the Compelled Party is legally required to furnish. Service Agreement 3 Agreement No.: AGR75 Indian River County Board of County Commissioners 110 SERVICE AGREEMENT 2 Public Records a. SEFBHN and Provider shall comply with the provisions of Chapter 119, Fla. Stat. (Public Records Law), in connection with this Agreement and shall provide access to public records in accordance with §119.0701, Fla. Stat. and more specifically Provider shall: b. Keep and maintain public records required by the County to perform the Agreement. c. 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, Fla. Stat. or as otherwise provided by law. 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 Agreement term and following completion of the Agreement if SEFBHN does not transfer the records to the County. e. Upon completion of the Agreement, transfer, at no cost, to the County all public records in possession of SEFBHN or keep and maintain public records required by the County to perform the Agreement. If the SEFBHN transfers all public records to the County upon completion of the Agreement, the SEFBHN shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the SEFBHN keeps and maintains public records upon completion of the Agreement, the SEFBHN shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of public records, in a format that is compatible with the information technology systems of the County. f. Chapter 119 (1) IF SEFBHN HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SEFBHN'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, MS. TAREE GLANVILLE, AT (772) 226-1424, TGLANVILLE@INDIANRIVER.GOV, 1801 27TH STREET, VERO BEACH, FL 32960. (2) IF THE PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OR CHAPTER 119, F.S., TO THE PROVIDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE Service Agreement 4 Agreement No.: AGR75 Indian River County Board of County Commissioners 111 SERVICE AGREEMENT CUSTODIAN OF PUBLIC RECORDS, MS. TRACEE DIAZ AT (561) 203. 2485, OR BY EMAIL AT TRACEE.DIAZ(a-SEFBHN.ORG, OR BY MAIL AT: SEFBHN, 1070 INDIANTOWN ROAD, SUITE 408, JUPITER, FL 33477. g. Failure to comply with the requirements of this Article shall be deemed a default as defined under the terms of this Agreement and constitute grounds for termination. 3. Severability The illegality, unenforceability or ineffectiveness of any provision of this Agreement shall not affect the legality, enforceability or effectiveness of any other provision of this Agreement. If any provision of this Agreement, or the application thereof shall, for any reason and to any extent, be deemed invalid or unenforceable, neither the remainder of this Agreement, nor the application of the provision to other persons, entities or circumstances, nor any other instrument referred to in this Agreement shall be affected thereby, but instead shall be enforced to the maximum extent permitted by law. 4, The following Attachments are incorporated into this Agreement by reference: a. Attachment A: Scope of Services b. Statement of Funding 5. Authority to Bind By signature below, each signatory.represents and warrants that such person is duly - authorized to enter into this Agreement on the respective Party's behalf, and is duly authorized to bind such Party *he terms applicable to each. 6. Typewritten or Handwritten Provisions Typewritten or handwritten provisions that are inserted, in this Agreement or attached to this Agreement as addenda or riders shall not be valid unless such provisions are initialed by both signatories to this Agreement. 7. Counterparts: Facsimile Execution and Captions This Agreement may be executed and delivered: (a) in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument; and/or (b) by facsimile, in which case the instruments so executed and delivered shall be binding and effective for all purposes; and/or (c) by email communication to the parties identified in the Notice section. The captions in Service Agreement Agreement No.: AGR75 Indian River County Board of County Commissioners 112 SERVICE AGREEMENT this Agreement are for reference purposes only and shall not affect the meaning of terms and provisions herein. & Entire Agreement This Agreement, including the Attachments A and B hereto, contains all the terms and conditions agreed upon by the parties regarding the subject matter of this Agreement. Any prior agreements, promises, negotiations or representations of or between the Parties, either oral or written, relating to the subject matter of this Agreement, which are not expressly set forth in this Agreement are null and void and of no further force or effect. IN WITNESS WHEREOF, the authorized represerttes of the Parties hereto have executed this Agreement to be effective as of the Effective Date. THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIQLIERS Signed by: a".. ft Q e� XSN St rl3atel=Wt SOUTHEAST FLORIDA BEHAVIORAL HEALTH NETWORK, INC. Ann M. Chief Executive Officer The parties agree that any future amendment(s) replacing this page will not affect the above execution. Federal Tax ID # or SSN): Service Agreement Provider FY Ending Date: ##/## 6 Agreement No.: AGR75 Indian River County Board of County Commissioners 113 SERVICE AGREEMENT Attachment A Scope of Services A. Florida Statewide Response for Opioid Abatement The "Children and Families Operating Procedure on Florida Statewide Response for Opioid Abatement," is herein incorporated by reference and should be followed as per the most recent effective date available. At the time of this Agreement's execution, this document is still in draft form. When available, it will be shared from Southeast Florida Behavioral Health Network, Inc. staff. B. Core Strategies Non -Qualified Counties shall choose from the abatement strategies listed in the Core Strategies — Abatement Strategies section below. However, priority shall be given to the following core abatement strategies ("Core Strategies.") 1. Naloxone or another FDA -approved drug to reverse opioid overdoses. a. Expand training for first responders, schools, community support groups and families. b. Increase distribution to individuals who are uninsured or whose insurance does not cover the needed service. 2. Medication -Assisted Treatment ("MAT") Distribution and other opioid -related treatment a Increase distribution of MAT to non -Medicaid eligible or uninsured individuals. b. 'Provide education to school-based and youth -focused programs that discourage or prevent misuse. c. Provide MAT education and awareness training to healthcare providers, EMTs, law enforcement, and other first responders; and d. Treatment ana 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. 3. Pregnant & Postpartum Women a. Expand Screening, Brief Intervention, and Referral to Treatment ("SBIRT") services to non -Medicaid eligible or uninsured pregnant women. Service Agreement 7 Agreement No.: AGR75 Indian River County Board of County Commissioners 114 SERVICE AGREEMENT b. 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 c. Provide comprehensive wrap-around services to individuals with Opioid Use Disorder (OUD) including housing, transportation, job placement/training, and childcare. 4. Expanding Treatment for Neonatal Abstinence Syndrome a. Expand comprehensive evidence -base end recovery support for NAS babies; b. Expand services for better continuum of care with infant -need dyad; and C. Expand long-term treatment and services for medical monitoring of NAS babies and their families. 5. Expansion of Warm Hand-off Programs and Recovery Services a. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments; b. Expand warm hand-off services to transition to recovery services; c. Broaden scope of recovery services to include co-occurring SUD or mental health conditions. d. Provide comprehensive wrap-around services to individuals in recovery including housing, transportation, job placement/training, and childcare; and e. Hire additional social workers or other behavioral health workers to facilitate expansions above. 6. Treatment for Incarcerated Population a. Provide evidence -based treatment and recovery support including MAT for persons with OUD and co-occurring SUD/MH disorders within and transitioning out of the criminal justice system; and b. Increase funding for jails to provide treatment to inmates with OVO. Service Agreement 8 Agreement No.: AGR75 Indian River County Board of County Commissioners 115 SERVICE AGREEMENT 7. Prevention Programs a. Funding for media campaigns to prevent opioid use (similar to the FDA's "Real Cost" campaign to prevent youth from misusing tobacco). b. Funding for evidence -based prevention programs in schools.; c. 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); d. Funding for community drug disposal programs; and e. Funding and training for first responders to participate in pre -arrest diversion programs, post overdose response teams, or similar strategies that connect at - risk individuals to behavioral health services and supports. 8. Expanding Syringe Service Programs 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. ' 9. Evidence -based data collection and research analyzing the effectiveness of the abatement strategies within the State. 10. Core Strategies —;Abatement Strategies a. Approved Uses — Part One: Treatment (1) Treat Opioid Use Disorder (OUD) Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: (a) 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. (b) 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. Service Agreement Agreement No.: AGR75 Indian River County Board of County Commissioners 116 SERVICE AGREEMENT (c) 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. (d) 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. (e) Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, 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. (f) 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. (g) Support evidence -based withdrawal management services for people with OUD and any cooccurring mental health conditions. (h) Training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including tele mentoring to assist - mmunity-based providers in rural or underserved areas. (1) S workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions. (j) Fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments. (k) Sd ""It 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, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas. (1) 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 OUD and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver. Service Agreement 10 Agreement No.: AGR75 Indian River County Board of County Commissioners 117 SERVICE AGREEMENT I. 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. II. Development and dissemination of new curricula, such as the American Academy of Addiction Psychiatry's Provider Clinical Support Service for Medication -Assisted Treatment. (2) Support to People in Treatment and Recovery Support people in treatment for or recovery from OUD and any co-occurring SUD/MH conditions through evidence -based orevidence-informed programs or strategies that may include, but are not limited to, the following: (a) 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. (b) 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. (c) Provide counseling, peer -support, recovery case management and esidential treatment with access to medications for those who need it to rsons with OUD and any co-occurring SUD/MH conditions. 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 ILousing programs that allow or integrate FDA -approved medication with Wer support services. (e) Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions. (f) 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/MH conditions. (g) Provide or support transportation to treatment or recovery programs or Service Agreement 11 Agreement No.: AGR75 Indian River County Board of County Commissioners 118 SERVICE AGREEMENT services for persons with OUD and any co-occurring SUD/MH conditions. (h) Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions. (i) Identify 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. (j) 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. (k) 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. (1) Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment. (m) Create or support culturally appropriate services and programs for persons with OUD and any cooccurring SUD/MH conditions, including new Americans. (n) Create and/or support recovery high schools. (o) Hire or train behavioral health workers to provide or expand any of the services or supports listed above. (3) 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 cooccurring SUD/MH conditions through evidence -based or evidence -informed programs or strategies that may include, but are not limited to, the following: (a) 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. Service Agreement 12 Agreement No.: AGR75 Indian River County Board of County Commissioners 119 SERVICE AGREEMENT (b) 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. (c) 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. (d) Purchase automated versions of SBIRT and support ongoing costs of the technology. (e) Expand services such as Navigators and on-call teams to begin MAT in hospital emergency departments. (f) Training for emergency room personnel treating opioid overdose patients on post -discharge planning, including community referrals for MAT, recovery case management or support services. (g) Support hospital programs that transition persons with OUD and any co- occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach. (h) Sup ris' lizatMarsons rs that serve as an alternative to hospital erg with OUD and any co-occurring M H itionns that have experienced an opioid Su{pport the work mergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate rvices following an opioid overdose or other opioid related adverse Q) 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/MH conditions or to persons who have experienced an opioid overdose. (k) Expand warm hand-off services to transition to recovery services. (1) Create or support school-based contacts that parents can engage with to Service Agreement 13 Agreement No.: AGR75 Indian River County Board of County Commissioners 120 SERVICE AGREEMENT seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people. (m) Develop and support best practices on addressing OUD in the workplace. (n) Support assistance programs for health care providers with OUD. (o) Engage non -profits and the faith community as a system to support outreach for treatment. (p) Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co- occurring SUD/MH conditions. (4) Address the Needs of Criminal-Justicenvolved Persons Address the needs of persons with OUD and any co-occurring SUD/MH 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: (a) Support pre -arrest or pre -arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, ng established strategies such as: Self -referral strategies such as the Angel Programs or the Police J.Wisted Addiction Recovery Ini a (PAARI). Active outreach strategies such as the Drug Abuse Response Team (DART) model. IV. "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. V. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (LEAD) model. Service Agreement 14 Agreement No.: AGR75 Indian River County Board of County Commissioners 121 SERVICE AGREEMENT VI. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network, or the Chicago Westside Narcotics Diversion to Treatment Initiative; or VII. Co -responder and/or alternative responder models to address OUD-related 911 calls with greater SLID expertise. (b) Support pre-trial services that connect individuals with OUD and any co- occurring SUD/MH conditions to evidence -informed treatment, including MAT, and related services. (c) Support treatment and recovery courts that provide evidence -based options for persons with OUD and any co-occurring SUD/MH conditions. (d) 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. (e) 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. (f) 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. (g) Provide training on best practices for addressing the needs of criminal - justice -involved persons with OUD and any co-occurring SUD/MH 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. (5) Address the Needs of Pregnant Women and their Families, Including Babies with Neonatal Abstinence Syndrome Service Agreement Address the needs of pregnant or parenting women with OUD and any co- occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (NAS), through evidence -based 15 Agreement No.: AGR75 Indian River County Board of County Commissioners 122 SERVICE AGREEMENT or evidence -informed programs or strategies that may include, but are not limited to, the following: (a) 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. (b) 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. Training for obstetricians or other healthcare personnel that work with pregnant women and their families regarding treatrnent of OUD and any co-occurring SUD/MH conditions. 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. 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 ilferred to appropriate services and receive a plan of safe care. supports for parenting women with OUD and any co - H conditions. supports and childcare services for parents with OUD and any co-occurring SUD/MH conditions. (h) 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. (i) 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. Q) Support for Children's Services — Fund additional positions and services, including supportive housing and other residential services, relating to Service Agreement 16 Agreement No.: AGR75 Indian River County Board of County Commissioners 123 SERVICE AGREEMENT children being removed from the home and/or placed in foster care due to custodial opioid use. b. Approved Uses — Part Two: Prevention (1) 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: (a) 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). (b) Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids. (c) Continuing Medical Education (CME) on appropriate prescribing of opiolds. (d) 6rt for non -opioid pain treatment alternatives, including training pro to offer or refer to multi -modal, evidence -informed treatment of its or improvements to Prescription Drug Monitoring including but not limited to improvements that: ease the number of prescribers using PDMPs. rove point -of -care decision-making by increasing the quantity, lity, or format of data available to prescribers using PDMPs, by roving the interface that prescribers use to access PDMP data, or both; or III. 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. Service Agreement 17 Agreement No.: AGR75 Indian River County Board of County Commissioners 124 SERVICE AGREEMENT (f) 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. (g) Increase electronic prescribing to prevent diversion or forgery. (h) Educate Dispensers on appropriate opioid dispensing. (2) Prevent Misuse 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: (a) Fund media campaigns to prevent opioid misuse. (b) Corrective advertising or affirmative public education campaigns based on evidence. (c) Public education relating to drug disposal. (d) Drug take -back disposal or destruction programs. (e) Fund community anti-drug coalitions that engage in drug prevention efforts. Q pport community coalitions in implementing evidence -informed evention, staph as reduced social access and physical access, stigma duction — including staffing, educational campaigns, support for people treatment or recovery, or training of coalitions in evidence -informed plementation, including the Strategic Prevention Framework veloped by the U.S. Substance Abuse and Mental Health Services Administration (SAMHSA). (g) Engage non -profits and faith -based communities as systems to support prevention. (h) 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. (i) School-based or youth -focused programs or strategies that have Service Agreement 18 Agreement No.: AGR75 Indian River County Board of County Commissioners 125 SERVICE AGREEMENT demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids. (j) 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. I. 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. II. 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 mental health needs in young people that (when not properly addressed) increase the risk of opioid or other drug misuse. (3) 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: (a) Increase availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with UD and their friends and family members, individuals at high risk of ose, schools, community navigators and outreach workers, persons be eleased from jail or prison, or other members of the general publi fib) _ Public health, entities provide free naloxone to anyone in the community. (c) A T ' ing education regarding naloxone and other drugs that treat o ,' first responders, overdose patients, patients taking opioids, fami hools, community support groups, and other members of the general public. (d) Enable school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support. (e) Expand, improve, or develop data tracking software and applications for overdoses/naloxone revivals. Service Agreement 19 Agreement No.: AGR75 Indian River County Board of County Commissioners 126 SERVICE AGREEMENT (f) Public education relating to emergency responses to overdoses. (g) Public education relating to immunity and Good Samaritan laws. (h) Educate first responders regarding the existence and operation of immunity and Good Samaritan laws. (1) 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. Q) Expand access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use. (k) 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. (1) 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/MH conditions. (m) Support screening for fentanyl in routine clinical toxicology testing. c. Approved Uses — Part Three: Other Strategies (1) First Responders In addition to items in previous sections relating to first responders, support the following: (a) Educate law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs. (b) Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid -related emergency events. Service Agreement 20 Agreement No.: AGR75 Indian River County Board of County Commissioners 127 SERVICE AGREEMENT (2) 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: (a) 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. (b) 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. (c) 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 SUD/MH conditions, supporting thea in treatment or recovery, connecting them to care, or implementing her strategies to abate the opioid epidemic described in this opioid liffiPp"Matement strategy list. N(3) Provide resources to staff government oversight and management of opioid abatement programs. 'ng 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: (a) 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. (b) Support infrastructure and staffing for collaborative cross -system coordination to prevent opioid misuse, prevent overdoses, and treat Service Agreement 21 Agreement No.: AGR75 Indian River County Board of County Commissioners 128 SERVICE AGREEMENT those with OUD and any co-occurring SUD/MH 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.). (4) Research Support opioid abatement research that may include, but is not limited to, the following: (a) Monitoring, surveillance, data collection, and evaluation of programs and strategies described in this opioid abatement strategy list. (b) Research non -opioid treatment of chronic pain. (c) Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders. (d) Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips. (e) Research on innovative supply-side enforcement efforts such as improved detection of mail -based delivery of synthetic opioids. (f) Expanded research on swift/certain/fair 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). (g) 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. (h) 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. (i) Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes. Service Agreement 22 Agreement No.: AGR75 Indian River County Board of County Commissioners 129 SERVICE AGREEMENT C. Covered Services as defined in Florida Administrative Code 65E-14.021 The covered services and project codes listed below are based on those eligible to access MSONQ as per the DCF FASAMS Pamphlet 155-2 with a last revision date of 2/23/24, herein incorporated by reference. If the OCA associated with this program changes, or the list of eligible services are changed, Southeast Florida Behavioral Health Network, Inc. staff will inform the Martin County Board of County Commissioners in an email which will include a the DCF FASAMS Pamphlet 155-2 and a revised Statement of Funding, herein incorporated by reference, if applicable. 1. Funding is currently available for the Non -Qualified County programs under MSONQ, the current Other Cost Accumulator (OCA), associated with this Agreement for ME Opioid TF Non -Qualified Counties funding. 2. Funding is currently available for the CORE programs under MSOCR, the current Other Cost Accumulator (OCA), associated with this Agreement for ME Opioid TF Coord Opioid Recovery Care funding. D. Covered Services as defined in Florida Administrative Code 65E-14.021 1. 1 — Assessment (Eligible OCAs: MSOCR, MSONQ) This Covered Service includes the systematic collection and integrated review of individual -specific data, such as examinations and evaluations. This data is gathered, analyzed, monitored and documented to develop the person's individualized plan of care and to monitor recovery. Assessment specifically includes efforts to identify the person's key medical and psychological needs, competency to consent to treatment, history of mental illness or substance use and indicators of co-occurring conditions, as well as clinically significant neurological deficits, traumatic brain injury, organicity, physical disability, developmental disability, need for assistive devices, physical or sexual abuse, and trauma. 2. 2 — Case Management (Eligible OCAs: MSOCR) Case management services consist of activities that identify the recipient's needs, plan services, link the service system with the person, coordinate the various system components, monitor service delivery, and evaluate the effect of the services received. This covered service shall include clinical supervision provided to a service provider's personnel by a professional qualified by degree, licensure, certification, or specialized training in the implementation of this service. 3. 3 — Crisis Stabilization (Eligible OCAs: MSONQ) These acute care services, offered twenty-four hours per day, seven days per week, Service Agreement 23 Agreement No.: AGR75 Indian River County Board of County Commissioners 130 SERVICE AGREEMENT provide brief, intensive mental health residential treatment services. These services meet the needs of individuals who are experiencing an acute crisis and who, in the absence of a suitable alternative, would require hospitalization. 4. 4 — Crisis Support/Emergency (Eligible OCAs: MSOCR, MSONQ) This non-residential care is generally available twenty-four hours per day, seven days per week, or some other specific time period, to intervene in a crisis or provide emergency care. Examples include: crisis/emergency screening, mobile response, telephone or telehealth crisis support, and emergency walk-in. 5. 5 — Day Care (Eligible OCAs: MSONQ) Day care services, in a non-residential group setting, provide for the care of children of persons who are participating in mental health or substance use treatment services. In a residential setting, day care services provide for the residential and care -related costs of a child living with a parent receiving residential services. This covered service must be provided in conjunction with another Covered Service provided to a person 18 years of age or older. 6. 6 — Day Treatment (Eligible OCAs: MSOCR, MSONQ) Day Treatment services provide a structured schedule of non-residential interventions to assist individuals to attain skills and behaviors needed to function successfully in living, learning, work, and social environments. Activities emphasize rehabilitation, treatment, activities of daily living, and education services, using multidisciplinary teams to provide integrated programs of academic, therapeutic, and family services. For mental health programs, day treatment services must be provided for four or more consecutive hours per day. Substance abuse programs must follow the standards set forth in Rules 65D-30.0081 and 65D-30.009, F.A.C. 7. 8 — In -Home and On -Site (Eligible OCAs: MSOCR, MSONQ) Therapeutic services and supports, including early childhood mental health consultation, are rendered for individuals and their families in non -provider settings such as nursing homes, assisted living facilities, residences, schools, detention centers, commitment settings, foster homes, daycare centers, and other community settings. 8. 9 — Inpatient (Eligible OCAs: MSONQ) Inpatient services provided in psychiatric units within hospitals licensed as general hospitals and psychiatric hospitals under Chapter 395, F.S. They provide intensive treatment and stabilization to persons exhibiting behaviors that may result in harm to Service Agreement 24 Agreement No.: AGR75 Indian River County Board of County Commissioners 131 SERVICE AGREEMENT self or others due to mental illness or co-occurring mental illness and substance use disorder. 9. 10 — Intensive Case Management (Eligible OCAs: MSOCR) These services are typically offered to persons who are being discharged from an acute care setting, and need more professional care, and have contingency needs to remain in a less restrictive setting. The services include the same components as case management as described in subparagraph (4)(d)1., of this rule, but are provided at a higher intensity and frequency, and with lower caseloads per case manager sufficient to meet the needs of the individuals in treatment. 10.11 — Intervention — Individual and 42 — Intervention — Group (Eligible OCAs: MSOCR, MSONQ) Intervention services focus on reducing risk factors generally associated with the progression of substance misuse and mental health problems. Intervention is accomplished through early identification of persons at risk, performing basic individual assessments, and providing supportive services, which emphasize short-term counseling and referral. These services are targeted toward individuals and families. This covered service shall include clinical supervision provided to a service provider's personnel by a professional qualified by degree, licensure, certification, or specialized training in the implementation of this service. 11.12 — Medical Services (Eligible OCAs: MSOCR, MSONQ) Medical services provide primary psychiatric care, therapy, and medication administration provided by an individual licensed under the state of Florida to provide the specific service rendered. Medical services improve the functioning or prevent further deterioration of persons with mental health or substance abuse problems, including mental status assessment. Medical services are usually provided on a regular schedule, with arrangements for non-scheduled visits during times of increased stress or crisis. 12.13 — Medication Assisted Treatment (Eligible OCAs: MSOCR, MSONQ) This Covered Service provides for the delivery of medications for the treatment of substance use disorders which are prescribed by a licensed health care professional. Services must be based upon a clinical assessment, and treatment and support services must be available for and offered to individuals receiving medications to support their ongoing recovery. Service Agreement 25 Agreement No.: AGR75 Indian River County Board of County Commissioners 132 SERVICE AGREEMENT 13.14 — Outpatient — Individual and 35 — Outpatient — Group (Eligible OCAs: MSOCR, MSONQ) Outpatient services provide clinical interventions to improve the functioning or prevent further deterioration of persons with mental health and/or substance abuse use disorders. These services are usually provided on a regularly scheduled basis by appointment, with arrangements made for non-scheduled visits during times of increased stress or crisis. Outpatient services may be provided to an individual or in a group setting. The maximum number of individuals allowed in a group session is 15. This covered service shall include clinical supervision provided to a service provider's personnel by a professional qualified by degree, licensure, certification, or specialized training in the implementation of this service. 14.15 — Outreach (Eligible OCAs: MSOCR, MSONQ) Outreach services are provided through a formal program to both individuals and the community. Community services include education, identification, and linkage with high-risk groups. Outreach services for individuals: encourage, educate, and engage prospective individuals who show an indication of substance misuse and mental health problems or needs. Individual enrollment is not included in Outreach services. 15.18 — Residential Level I (Eligible OCAs: MSONQ) These licensed services provide a structured, live-in, non -hospital setting with supervision on a twenty-four hours per day, seven days per week basis. For adult mental health, Residential Treatment Facilities Level IA and IB, as defined in Rule 65E- 4.016, F.A.C., are reported under this Covered Service. For children with serious emotional disturbances, Level 1 services are the most intensive and restrictive level of residential therapeutic intervention provided in a non -hospital or non -crisis stabilization setting. Residential Treatment Centers, as defined in Rule 65E-9.002, F.A.C. are reported under this Covered Service. For substance use treatment, Residential Level 1, as defined in Rule 65D-30.007, F.A.C., provides a range of assessment, treatment, rehabilitation, and ancillary services in an intensive therapeutic environment, with an emphasis on treatment, and may include formal school and adult education programs. 16.19 — Residential Level II (Eligible OCAs: MSONQ) Level II facilities are licensed, structured rehabilitation -oriented group facilities that have twenty-four hours per day, seven days per week, supervision. Level II facilities house persons who have significant deficits in independent living skills and need extensive support and supervision. For adults with a mental illness, Residential Treatment Facilities Level II, as defined in Rule 65E-4.016, F.A.C., are reported under this Covered Service. For children with serious emotional disturbances, Level II services provide intensive therapeutic behavioral and treatment interventions. Service Agreement 26 Agreement No.: AGR75 Indian River County Board of County Commissioners 133 SERVICE AGREEMENT Therapeutic Foster Homes are reported under this Covered Service. For substance use treatment, Level II, as defined in Rule 65D-30.007, F.A.C., services provide a range of assessment, treatment, rehabilitation, and ancillary services in a less intensive therapeutic environment with an emphasis on rehabilitation and may include formal school and adult educational programs. 17.20 — Residential Level III (Eligible OCAs: MSONQ) These licensed facilities provide twenty-four hours per day, seven days per week supervised residential alternatives to persons who have developed a moderate functional capacity for independent living. For adults with a mental illness, Residential Treatment Facilities Level III, as defined in Rule 65E-4.016, F.A.C., are reported under this Covered Service. For substance use treatment, Level III, as defined in Rule 65D- 30.007, F.A.C., provides a range of assessment, rehabilitation, treatment and ancillary services on a long-term, continuing care basis where, depending upon the characteristics of the individuals served, the emphasis is on rehabilitation or treatment. 18.21 — Residential Level IV (Eligible OCAs: MSONQ) This type of facility may have less than twenty-four hours per day, seven days per week on -premise supervision. It is primarily a support service and, as such, treatment services are not included in this Covered Service, although such treatment services may be provided as needed through other Covered Services. Level IV includes satellite apartments, satellite group homes, and therapeutic foster homes. For adults with a mental illness, Residential Treatment Facilities Level IV, as defined in paragraph 65E- 4.016, F.A.C., are reported under this Covered Service. For substance use treatment, Level IV, as defined in Rule 65D-30.007, F.A.C., provides a range of assessment, rehabilitation, treatment, and ancillary services on a long-term, continuing care basis where, depending upon the characteristics of the individuals served, the emphasis is on rehabilitation or treatment. 19.22 — Respite Services (Eligible OCAs: MSOCR, MSONQ) Respite care services support the family or other primary care giver by providing time- limited, temporary relief, including overnight stays, from the ongoing responsibility of care giving. 20.24 — Substance Abuse Inpatient Detoxification (Eligible OCAs: MSOCR, MSONQ) These programs utilize medical and clinical procedures to assist adults, and adolescents with substance use disorders in their efforts to withdraw from the physical effects of substance use. Residential detoxification and addiction receiving facilities provide emergency screening, evaluation, short-term stabilization, and treatment in a medically supervised. Service Agreement 27 Agreement No.: AGR75 Indian River County Board of County Commissioners 134 SERVICE AGREEMENT 21.25 — Supportive Employment (Eligible OCAs: MSOCR, MSONQ) Supported employment is an evidence -based approach that assists individuals with gaining competitive integrated employment. Supported employment can be a team - based approach and focuses on the full range of community jobs that match the job seeker's strengths and preferences. Job supports are individualized and include: job development, job placement, and long-term job coaching. 22.26 — Supported Housing/Living (Eligible OCAs: MSOCR, MSONQ) Supported housing/living is an evidence -based approach to assist persons with substance use and mental illness in the selection of permanent housing of their choice. These services also provide the necessary supports to transition into independent community living and assure continued Successful living in the community. For children with mental health challenges, supported living services are a process which assist adolescents in selecting and maintaining` housing arrangements and provides services, such as training in independent living skills, to assure successful transition to independent living or with roommates in the community. For substance use treatment, services provide for the housing and monitoring of recipients who are participating in non-residential services, recipients who have completed or are completing substance use treatment, and those recipients who need assistance and support in independent or supervised living within a "live-in" environment. 23.27 — Treatment Alternative for Safer Community (Eligible OCAs: MSOCR, MSONQ) TASC provides for identification, screening, court liaison, referral and tracking of persons in the criminal justice system with a history of substance use or addiction. 24.28 — Incidental Expenses (Eligible OCAs: MSOCR, MSONQ) This Covered Service reports temporary expenses incurred to facilitate continuing treatment and community stabilization when no other resources are available. All incidental expenses shall be authorized by the Managing Entity. Allowable purchases under this Covered Service includes: transportation, childcare, housing assistance clothing, educational services, vocational services, medical care, housing subsidies, pharmaceuticals and other incidentals as approved by the Department or Managing Entity. 25.29 — Aftercare — Individual and 43 — Aftercare — Group (Eligible OCAs: MSONQ) Aftercare activities occur after a treatment level of care is completed and include activities such as supportive counseling, life skills training, and relapse prevention for Service Agreement 28 Agreement No.: AGR75 Indian River County Board of County Commissioners 135 SERVICE AGREEMENT individuals with mental illness or substance use disorders to assist in their ongoing recovery. Aftercare services help individuals, families, and pro -social support systems reinforce a healthy living environment. 26.30 — Information and Referral (Eligible OCAs: MSOCR, MSONQ) These services maintain information about resources in the community, link people who need assistance with appropriate service providers, and provide information about agencies and organizations that offer services. The information and referral process is comprised of: being readily available for contact by the individual, assisting the individual with determining which resources are needed, providing referral to appropriate resources, and following up to ensure the individual's needs have been met, where appropriate. 27.32 — Substance Abuse Outpatient Detoxification (Eligible OCAs: MSONQ) These services utilize medication or a psychosocial counseling regimen that assists recipients in their efforts to withdraw from the physiological and psychological effects of addictive substances. 28.36 — Room and Board with Supervision Level I (Eligible OCAs: MSONQ) This Covered Service solely provides for room and board with supervision on a twenty- four hours per day, seven days per week basis. It corresponds to Residential Level I as defined in F.A.C. 65E-14.021. 29.37 — Room and Board with Supervision Level 11 (Eligible OCAs: MSONQ) This Covered Service solely provides for room and board with supervision on a twenty- four hours per day, seven days per week basis. It corresponds to Residential Level II as defined in F.A.C. 65E-14.021. This Covered Service is not applicable for provider facilities which meet the definition of an Institute for Mental Disease as defined by Title 42 CFR, Part 435.1010. 30.38 — Room and Board with Supervision Level III (Eligible OCAs: MSONQ) This Covered Service solely provides for room and board with supervision on a twenty- four hours per day, seven days per week basis. It corresponds to Residential Level III as defined in F.A.C. 65E-14.021. 31.39 — Short-term Residential Treatment (Eligible OCAS: MSONQ) These individualized, stabilizing acute and immediately sub -acute care services provide short and intermediate duration intensive mental health residential services on Service Agreement 29 Agreement No.: AGR75 Indian River County Board of County Commissioners 136 SERVICE AGREEMENT a twenty-four hours per day, seven days per week basis, as provided for in Rule Chapter 65E-12, F.A.C. These services shall meet the needs of individuals who are experiencing an acute or immediately sub -acute crisis and who, in the absence of a suitable alternative, would require hospitalization. 32.40 — Mental Health Clubhouse Services (Eligible OCAs: MSONQ) Structured, evidence -based services both strengthen and/or regain the individual's interpersonal skills, provide psycho -social support, develop the environmental supports necessary to help the individual thrive in the community and meet employment and other life goals, and promote recovery from mental illness. Services are typically provided in a community-based program with trained staff and members working as teams to address the individual's life goals and to perform the tasks necessary for the operations of the program. The emphasis is on a holistic approach focusing on the individual's strengths and abilities while challenging the individual to pursue those life goals. This service would include, but not be limited to, clubhouses certified under the International Center for Clubhouse Development. This covered service may not be provided to a person less than 18 years old. 33.44 — Comprehensive Community Service Team — Individual and 45 — Comprehensive Community Service Team - Group (Eligible OCAs: MSONQ) This Covered Service is a bundled service package designed to provide short-term assistance and guide individuals to rebuild skills in identified roles in their environment through the engagement of natural supports, treatment services, and assistance of multiple agencies when indicated. Services provided under Comprehensive Community Service Teams may not be simultaneously reported to another Covered Service. Allowable bundled activities include the following Covered Services as defined in subsection (4) of F.A.C. 65E-14.021: Aftercare, Assessment, Care Coordination, Case Management, Information and Referral, In-home/Onsite, Intensive Case Management, Intervention, Outpatient, Outreach, Prevention — Indicated, Recovery Support, Supported Employment, and Supportive Housing. 34.46 — Recovery Support — Individual and 47 — Recovery Support - Group (Eligible OCAs: MSOCR, MSONQ) This Covered Service is comprised of nonclinical activities that assist individuals and families in recovering from substance use and mental health conditions. Activities include social support, linkage to and coordination among service providers, life skills training, recovery planning, coaching, education on mental illness and substance use disorders, assisting individuals using digital therapeutics approved by the United States Food and Drug Administration, and other supports that facilitate increasing recovery capital and wellness contributing to an improved quality of life. Recovery capital is the personal, family, social, community resources and natural supports that promote Service Agreement 30 Agreement No.: AGR75 Indian River County Board of County Commissioners 137 SERVICE AGREEMENT recovery. These activities may be provided prior to, during, and after treatment. These services support and coach an adult or child and family to regain or develop skills to live, work and learn successfully in the community. This Covered Service shall include supervision provided to a service provider's personnel by a professional qualified by degree, licensure, certification, or specialized training in the implementation of this service, or by a certified peer specialist who has at least 2 years of fill -time experience as a peer specialist at a licensed behavioral health organization. This Covered Service must be provided by a Certified Recovery Peer Specialist pursuant to Section 397.417, F.S. These services exclude twelve -step programs such as Alcoholics Anonymous and Narcotics Anonymous. 35.48 — Prevention - Indicated (Eligible OCAs: MSONQ) Indicated prevention services are provided to at -risk individuals who are identified as having minimal but detectable signs or symptoms foreshadowing mental health or substance use disorders. Target recipients of indicated prevention services are at -risk individuals who do not meet clinical criteria for mental health or substance use disorders. Indicated prevention services preclude, forestall, or impede the development of mental health or substance use disorders. These services shall address the following specific prevention strategies, as defined in rule 65D-30.013, F.A.C.: education, alternative and problem identification and referral services. 36.49 — Prevention - Selective (Eligible OCAs: MSONQ) Selective prevention services are provided to a population subgroup whose risk of developing mental health or substance use disorders is higher than average. Target recipients of selective prevention services do not meet clinical criteria for mental health or substance use disorders. Selective prevention services preclude, forestall, or impede the development of mental health or substance use disorders. These services shall address the following specific prevention strategies, as defined in Rule 65D- 30.013, F.A.C.: information dissemination, education, alternatives, and problem identification and referral services. 37.50 — Preventi4Unal Direct (Eligible OCAs: MSONQ) Universal direct prevention services are provided to the general public or a whole population that has not been identified on the basis of individual risk. These services preclude, forestall, or impede the development of mental health or substance use disorders. Universal direct services directly serve an identifiable group of participants who have not been identified on the basis of individual risk. This includes interventions involving interpersonal and ongoing or repeated contact such as curricula, programs, and classes. These services shall address the following specific prevention strategies, as defined in rule 65D-30.013, F.A.C.: information dissemination, education, alternatives, or problem identification and referral services. Service Agreement 31 Agreement No.: AGR75 Indian River County Board of County Commissioners 138 SERVICE AGREEMENT 38.51 — Prevention — Universal Indirect (Eligible OCAs: MSONQ) Universal indirect prevention services are provided to the general public or a whole population that has not been identified on the basis of individual risk. These services preclude, forestall, or impede the development of mental health or substance use disorders. Universal indirect services support population -based programs and environmental strategies such as changing laws and policies. These services can include programs and policies implemented by coalitions. These services can also include meetings and events related to the design and implementation of components of the strategic prevention framework, including needs assessments, logic models, and comprehensive community action plans. These services shall address the following specific prevention strategies, as defined in Rule 65D-30.013, F.A.C.: information dissemination, education, community-based processes, and environmental strategies. 39.52 — Care Coordination (Eligible OCAs: MSOCR, MSONQ) Care Coordination is a time-limited service that assists individuals with behavioral health conditions who are not effectively engaged with case management or other behavioral health services and supports for a successful transition to appropriate levels of care. Once engagement in the necessary community-based services is verified, care coordination services are terminated. 40.53 — HIV Early Intervention Services (Eligible OCAs: MSOCR) This Covered Service is a bundled service package to provide Human Immunodeficiency Virus (HIV) Early Intervention Services in accordance with 65D- 30.004, F.A.C. Allowable HIV Early Intervention Services may include one or any combination of the following activities: pretest counseling; posttest counseling; tests to confirm the presence of HIV; tests to diagnose the extent of the deficiency in the immune system; tests to provide information on appropriate therapeutic measures for preventing and treating the deterioration of the immune system and conditions arising from HIV, including tests for hepatitis C (when provided to individuals with HIV); therapeutic measures for preventing and treating the deterioration of the immune system and conditions arising from HIV; and, linkages to diagnostic tests, therapeutic measures, and HIV specific support services. 41.54 — Room and Board with Supervision Level IV (Eligible OCAs: MSONQ) This Covered Service solely provides for room and board with supervision on a twenty- four hours per day, seven days per week basis. It corresponds to Respite Services as defined in F.A.C. 65E-14.021. Service Agreement 32 Agreement No.: AGR75 Indian River County Board of County Commissioners 139 SERVICE AGREEMENT E. Project Codes 1. A2 — FIT Team (Eligible OCAs: MSONQ) Bundled rate expenditures for Family Intensive Treatment teams. Allowable covered services within the bundled rate must be reported in FASAMS as the actual covered service (i.e., case management, medical services, etc.) 2. A3 — Central Receiving System (Eligible OCAs: MSONQ) Bundled rate expenditures for Central Receiving System grants. Allowable covered services within the bundled rate must be reported in FASAMS as the actual covered service (i.e., case management, medical services, etc.) 3. A4 — Care Coordination (Eligible OCAS: MSONQ) Bundled rate expenditures for Care Coordination. AJlowable covered services within the bundled rate must be reported in FASAMS as the actual covered service (i.e., case management, incidentals, etc. 4. A8 — Local Diversion Forensic Project (Eligible OCAs: MSONQ) Bundled rate expenditures for Outpatient Forensic Mental Health Services as described in Guidance 6 of the ME contract. Allowable covered services within the bundled rate must be reported in FASAMS as the actual covered service (i.e., case management, medical services, etc.) 5. 131 - Network Evaluation and Development (Eligible OCAs: MSOCR, MSONQ) Allowable expenditures of network service provider funding necessary to evaluate, develop, or expand the capacity of the regional network of care. This includes fidelity monitoring, independent quality assessment, workforce development, training, and related initiatives 6. 63 — Cost Reimbursement (Eligible OCAs: MSOCR, MSONQ) Expenditures paid on an actual cost reimbursement method of payment, as defined in rule 65E-14.019, F.A.C., for necessary staffing, supplies and related expenditures to establish operational start-up capacity for new programs or services. Allowable costs are limited to those expenditures directly related to new services; to service contracts when required by statute, grant or funding source; or to specific fixed capital outlay projects appropriated by the legislature. Service Agreement 33 Agreement No.: AGR75 Indian River County Board of County Commissioners 140 SERVICE AGREEMENT 7. B7 - Wraparound (Eligible OCAs: MSONQ) Bundled rate expenditures for Wraparound. This project code should only be used when implementing the evidence-based Wraparound approach to care management, as defined by the National Wraparound Initiative (https://nwi.pdx.edu/). Expenditures for Wraparound may be billed as case management, CCST, or a bundled rate to include allowable covered services of assessment, case management, recovery support, CCST, medical, incidentals, and in-home/on-site. 8. CO — Other Bundled (Eligible Projects Eli OCAs: MSOCR, MSONQ J ( g ) Bundled rate expenditures for local community behavioral health initiatives not otherwise reportable under other project codes. 9. C1 — Sustainability Payment for Emergency Response (Eligible OCAs: MSONQ) Lump sum payments to support provider sustainability during declared public emergencies. This code may only be used once per OCA per Provider each month to report the difference between the Total YTD ME General Ledger payments to the provider and the Total YTD Actual Payable reported for all other Covered Service and Project Codes for that OCA. Service Agreement 34 Agreement No.: AGR75 Indian River County Board of County Commissioners 141 Southeast FloN hdadCNAY Certification Regarding Eligibility to Contract A. The Managing Entity shall not subcontract for Behavioral Health Services with any person or entity which: 1. Is barred, suspended, or otherwise prohibited from doing business with any government entity, or has been barred, suspended, or otherwise prohibited from doing business with any government entity in accordance with s. 287.133, F.S.; 2. Is under investigation or indictment for criminal conduct, or has been convicted of any crime which would adversely reflect on its ability to provide services, or which adversely reflects its ability to properly handle public funds; 3. Has had a contract terminated by the Department for failure to satisfactorily perform or for cause; 4. Has failed to implement a corrective action plan approved by the Department or any other governmental entity, after having received due notice; or 5. Is ineligible for contracting pursuant to the standards in s. 215.473(2), F.S. B. Regardless of the amount of the subcontract, the Managing Entity shall immediately terminate the subcontract for cause, if at any time during the lifetime of the subcontract, the Provider is: 1. Found to have submitted;a false certification under s. 287.135, F.S., or 2. Is placed on the Scrutinized Companies with Activities in Sudan List or 3. is placed on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or 4. Is placed on the Scru ' ed Companies that Boycott Israel List or is engaged in a boycott of el. C. The undersigned "'"' Meir agency is qualified and eligible to enter into or maintain a contract with the aging Entity and none of the criteria listed for disqualification or termination have been met: Signature Name of Authorized Individual Certification Packet 1 Date AG R75 Application or Contract Number Agreement No.: AGR75 Indian River County Board of County Commissioners 142 Southeast Florida BEHAVIORAL HEALTH HETWOEE Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Contracts/Subcontracts This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, signed February 18, 1986. The guidelines were published in the May 29, 1987 Federal Register (52 Fed. Reg., pages 20360 - 20369). A. Instructions Each provider whose contract/subcontract equals or exceeds $25,000 in federal moneys must sign this certification prior to execution of each contract/subcontract. Additionally, providers who audit federal programs must also sign, regardless of the contract amount. The Southeast Florida Behavioral Health Network ("ME") cannot contract with these types of providers if they are debarred or suspended by the federal government. 2. This certification is a material representation of fact upon which reliance is placed when this contract/subcontract is entered into. If it is later determined that the signer knowingly rendered an erroneous certification, the Federal Government may pursue available remedies, including suspension and/or debarment. 3. The provider shall provide immediate written notice to the ME at any time the provider learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms "debarred," "suspended," "ineligible," "person," "principal," and 11voluntarilyexcluded," as used in this certification, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the ME's assigned Compliance Administrator for assistance in obtaining a copy of those regulations. 5. The provider agrees by submitting this certification that, it shall not knowingly enter into any subcontract with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this contract/subcontract unless authorized by the Federal Government. 6. The provider further agrees by submitting this certification that it will require each subcontractor of this contract/subcontract, whose payment will equal or exceed $25,000 in federal moneys, to submit a signed copy of this certification. 7. The ME may rely upon a certification of a provider that it is not debarred, suspended, ineligible, or voluntarily excluded from contracting/subcontracting unless it knows that the certification is erroneous. 8. This signed certification must be kept in the ME contract file. Subcontractor's certification must be kept at the provider's business location. Certification Packet 2 Agreement No.: AGR75 Indian River County Board of County Commissioners 143 Southeast Florida-%. OIII B. Certification 1. The prospective provider certifies, by signing this certification, that neither he nor his principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this contract/subcontract by any federal department or agency. 2. Where the prospective provider is unable to certify to any of the statements in this certification, such prospective provider shall attach an explanation to this certification. Signature Indian River County Board of County Commie l ers Comuan Date Title Certification Packet 3 Agreement No.: AGR75 Indian River County Board of County Commissioners 144 Southeast Florida 1..EN.",,0.L. 41.l Th w.. Certification Regarding Lobbying for Contracts, Grants, Loans, and Cooperative Agreements A. The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or an employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Certification Packet NALLY LEFT BLANK 4 Agreement No.: AGR75 Indian River County Board of County Commissioners 145 Southeast Florida A IIHAVIONAI MTH HET.!! B. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Signature Name of Authorized Individual Indian River County Board of County Commissioners Name of Organization Address of Organ! Date AGR75 Application or Contract Number Certification Packet 5 Agreement No.: AGR75 Indian River County Board of County Commissioners 146 c O r u m .v C c� LL _t M U 'a d O z c o 0 = O O O C O 't et ` O C 0 cc N et 0 m o m N O e - N Q } LL ff3 fA {R M U u) T) c O w UCLami o_ i O M V C N O y OC � O O N U Z m LL W N W o_ o IL2UOW�10 Q U Z U 00 O 2 .2 d O z +� o t0 ,y N M N } LL v > O O '� c E U c v +. 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E G� p E , O E CL CCD C Y O v C1U) � Q � 7 O o U cr cr) O W � v E V) O U a E L � d � > O O U U 4k co L'D m O � a` 0 L d U w c LO y Q7 C: J U. d m - v m c U a U -> � Go C � CQ C Q X w_ y Vai N U mai N w U u C 7 O N a1 4 O O U - .a v LL u rN Ecco0a� O -a 0 0 0 7 M O O m U � N O 3 O L d 7 E 'a M O y y L +�+ N w C N L 0 O cmO > R N Z r 0 d E r � m cn c c N L m +: a LO c O C C Q a* N U 4-4 O C d N R d d c m Z m m Q c m �d `y H ED C m y a c in = z O aL U � V J L it U V c N .2 � a� U Y �NN LL O c U C } U CD w m Q N tM LL CD Z co CL E o 2 m U) L d U w c LO y Q7 C: J m c CD � Go C � O 3 C Q X w_ U s w U C 7 O U O -a O O m N C + L d 7 E C cm O y N U L w C y L cmm O cmO > C L i 01 d E r w cn O y N L m +: 'a LO d C tm C C Q y N 01 4-4 O C d R O d c m Z m m Q Z m �d `y H L C C in O aL U w LO � Q7 C: J m CD � L C � O 3 C Q X w_ s U m d O m d O C O N m CD + L d E C cm O y N L w C y cmm O cmO Q y i 01 O E w cn O` m Z O d +: d D � .O, p` r C C c COIL ca William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney Office Of Attorney's Matters 05/21/2024 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: May 15, 2024 SUBJECT: Approval of License to Occupy and Improve County Property located at 1235, 1239 and 1247 161 Street BACKGROUND. Indian River County owns a strip of right-of-way on the south side of 16th Street between Old Dixie Highway and the Florida East Coast Railroad tracks as shown on the aerial photo attached to this memorandum. After researching the issue with the help of the County Surveyor, David Schryver, it appears that the County acquired the strip in 1982 via a Florida Department of Transportation map dedication. There are three property owners that abut this strip: Faulman Investment Ltd 1245 16th Street Ocean Research & Conservation Association Inc Indian River Clay Inc 1235 161h Street 1239 16th Street These three properties have historically used the strip as additional parking for their businesses. Back in 1992, the County entered into a License with the then owner, Sandab Communications, for Sandab to use the strip for parking in exchange for maintaining the strip, its landscaping and parking lot surface. The License expired in 2012 and was never renewed. New owners of the properties have inquired about executing a new License under the same terms and conditions of the previous license. For one of the small business owners, the License is a requirement of financing. Staff has no objection to the requests, so long as the County is named as an additional insured on the property owners' certificates of insurance. FUNDING. There is no impact to County funding as a result of this agenda item. RECOMMENDATION. The County Attorney's Office recommends that the Board approve the License to Occupy and Improve County Property as to each property owner and authorize the Chairman to execute each license on behalf of the Board. Attachments: Aerial Photo, Example of License to Occupy and Improve County Property Copies sent by email to each property owner 149 Parcels • �� Street Centerlines — 4 It Municipal ` Ap *" Boundaries 2 IRC ' -Private -Schools Government Facilities O .FEDERAL O �~ GOVERNMENT Veto Beach: • >liY t+t r t t RNMENT $ �5 \ 4r AWN Oki w OO'VERNMENT I SCHOOL HOSPITAL 4 0,11RE STATION 04FORCEMENT NATE PARK MUNTY PARK 1 OWPARK #)OAT RAMP E r °� ► CANOE LAU 1 C R i Date created: 5/15/2024 Last Data Uploaded: 5/15/2067!MMAM Developed by j s 150 I LICENSE TO OCCUPY AND IMPROVE COUNTY PROPERTY THIS LICENSE TO OCCUPY AND IMPROVE COUNTY PROPERTY (this "License Agreement") is made as of the day of May, 2024, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, County Administration Building A, 1801 27th Street, Vero Beach, Florida 32960-3388, hereinafter "County" and Ocean Research & Conservation Association, Inc., a New York corporation authorized to do business in Florida, having a mailing address Post Office Box 4291 Ft. Pierce, FL 34948 , hereinafter referred to as "Licensee." WITNESSETH 1. Subject Property: The County, in consideration of the covenants and agreements made herein, and upon the conditions set forth below, does hereby grant unto Licensee a non-exclusive license to occupy and use the following described real property, situate in Indian River County, Florida, to wit, The East 95.00 feet of the South 62.00 feet of the West 230.00 feet of that parcel of land shown in a Special Warranty Deed as recorded in Official Record Book 82, page 503 of the Public Records of Indian River County, Florida, being more particularly described as follows: Commencing at the Northeast corner of Lot 8, Block 14, Highland Park Subdivision, as recorded in Plat Book 4, page 64 of the Public Records of St. Lucie County, Florida; run South along the East boundary of Block 14, a distance of 65.00 feet to a point on the South right-of-way line for 16'' Street; thence, run East along said right-of-way line 135.00 feet to the Point of Beginning; thence, continue East along said right-of-way line 95.00 feet; thence, run North 62.00 feet; thence, run West 95.00 feet; thence, run South 62.00 feet to the Point of Beginning. Said parcel of land lies in Section 1, Township 33 South, Range 39 East of Indian River County, Florida and contains 0.14 acres, more or less. 2. Term: This License Agreement shall be for a term of 25 years subject to limitations set forth below. The monthly payment for the extension of the lease agreement dated , shall be $1.00 per month, totaling $12 per year, payable in yearly installments to Indian River County at the Public Works Desk, Admin. Bldg. A, 1801 27th Street, Vero Beach, FL 32960. The date of commencement shall be the date the last party executes this License. 3. Use of Subject Property and Improvements: Licensee shall take the property in its present condition and shall have the right to make only those improvements necessary for use of the property by Licensee for ingress, egress, parking, storm -water management, signage, and landscaping, in 151 association with the current or planned development of the adjoining establishments lying immediately south of the property, and for no other purpose. Licensee shall use the property only in a lawful manner, shall make improvements thereto only in accordance with all applicable land development regulations of any governing body having jurisdiction, and shall be responsible for obtaining all necessary permits and approvals from such agencies. In addition to any approvals or permits required by law, Licensee agrees further to submit plans for all proposed improvements to the Public Works Director of Indian River County for his approval prior to beginning any construction. The Public Works Director shall not unreasonably withhold such approval. Licensee shall be responsible for relocating any utilities located on the leased premises, if such relocation is necessary for the construction of improvements as contemplated by this License Agreement. At the end of the term, if this License Agreement is not renewed by the parties or upon earlier termination by either party under the next paragraph, Licensee shall have the right to remove any improvements it has made, provided it restores the subject property to the approximate condition and grad existing at the commencement of this License Agreement. Licensee shall not be compensated for any improvements to the property which he chooses not to remove, provided, Licensee shall remain liable to the County for the cost of removing any "such improvements, not including pavement," in the event the County must remove them in order for the County to make use of the property. Licensee shall also restore damage to any adjacent public properties occasioned by it construction, maintenance, or removal of such improvements. 4. Revocation of License, Termination, Refund of Rental Paid: Whether or not Licensee has made improvements to the property, this License Agreement shall be revocable upon the delivery to Licensee of ninety days advance notice of intent by the County to re -occupy the property for the installation of public improvements, the use of which would be inconsistent with Licensee's continued use. Upon revocation and return of possession of the property, the County shall refund all rents paid by cash or check to the County but not earned for the remainder of the term, calculated on a daily pro -rated basis. Licensee may terminate this License Agreement at any time prior to the end of the term upon giving thirty days advance written notice to the County and shall be entitled thereafter to a refund of all rents paid by cash or check to the County unearned, on a daily pro -rata basis, and without penalty for early termination. In the event this License Agreement is terminated by either party prior to the expiration of the term set forth herein, Licensee shall not be entitled to any refund for costs of capital improvements made pursuant to this License Agreement which were intended to be credited toward rental payments. 5. Insurance Indemnification: Licensee agrees to carry at his expense liability insurance to protect the interests of both the County and Licensee against loss or damage by reason of personal injury, loss of life, or damage to property, in amounts not less than $200,000 for any one occurrence, and $100,000 for damages to property. Said policy or policies will be standard, owner's, landlord's, and/or tenant's policies, and will include the County as an additional insured. The original or a duplicate of such policy shall be made available to the County prior to the use 152 of the property hereunder. The County shall not be responsible for any negligent act or omission of the Licensee on the property, or in connection with the business operated by the Licensee adjacent thereto, and Licensee shall indemnify, defend, and hold the County harmless from any claim, judgments, liens, damages, liability, or any cause of action whatsoever that may arise out of, or result from, the improvement, occupancy, or use of the property by Licensee. 6. Taxes: Licensee agrees to pay any and all real property taxes which may accrue against the property during the term of this License Agreement in the event said property is determined to be taxable due to its proposed use. 7. Entry by County County retains the right to enter and inspect the licensed premises for either compliance with the terms of this License Agreement or as may be necessary to service the public improvements lying to the north of subject property. 8. Default: Licensee agrees that in the event of any legal action on this License Agreement for ejectment, or to enforce the covenant's hereof, or for any default at all on the part of Licensee, its successors, or assigns, and should the County prevail in such action, then Licensee shall pay all costs and expenses of such action, including reasonable attorneys' fees. 9. Assignment: This License Agreement shall not be assignable by Licensee without the prior written approval of the Board of County Commissioners of Indian River County, which consent shall not be unreasonable withheld. County agrees that Licensee may assign its rights hereunder as security for a loan by an institution to Licensee. It is mutually agreed that each and every one of the covenants and agreements herein contained shall be extended to and be binding upon the respective successors, heirs, legal representatives, and assigns of the parties hereto; provided, Licensee shall not be relieved of his liability hereunder unless such transfer has received approval by County. 153 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first written, in duplicate parts. OCEAN RESEARCH & INDIAN RIVER COUNTY, FLORIDA CONSERVATION ASSOCIATION, INC. BOARD OF COUNTY COMMISSIONERS Printed Name: Its: 0 Susan Adams, Chairman Approved by BCC: ATTEST: Ryan L. Butler, Clerk of Approved as to form and legal sufficiency: Courts And Comptroller William K. DeBraal, County Attorney Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator 154 16 8-1_ SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 6, 2024 To: The 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: Final Pay to Geosyntec for Work Order No. 2 — Groundwater Monitoring/Reporting and RAPM No. 4 Pre -Injection Investigation and Design at the South Gifford Road Landfill Descriptions and Conditions: On July 11, 2023, the Solid Waste Disposal District Board approved Work Order No. 2 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $171,433.02. This is in accordance with requirements by the Florida Department of Environmental Protection for routine groundwater monitoring and reporting for a one-year period, pre-injection data collection activities, and preparation of RAPM Addendum No. 4 at the former South Gifford Road Landfill, and annual pollution remediation liabilities evaluation. Analysis: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount of $171,393.92, including the final invoice of $862.50. The project was completed under the approved budget. Attached is Geosyntec's letter report describing in more details the services provided under this work order. Funding: Funding for this work is budgeted and available in the Optional Sales Tax/Landfill/Other Contractual Services/Landfill Groundwater Testing account, number 31521734-033490-03004, which is the one -cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one -cent sales tax, in addition to infrastructure. Description Account Number Amount Optional Sales Tax/Landfill/Other Contractual 31521734-033490-03004 $862.50 Services/Landfill Groundwater Testing Recommendation: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $862.50. Attachment: 1. Geosyntec Project Completion Report & Final Invoice 08289a65 -5a 19-41c4-86ba-134926e43481 i§5e 1 of 1 Geosyntec"' consultants Mr. Himanshu Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74th Avenue Southwest Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321.269.5880 www.geosyntec.com 22 April 2024 Subject: Project Completion Report Groundwater Monitoring/Reporting and RAPM No. 4 Pre -Injection Investigation and Design, IRC Work Order No. 2 South Gifford Road Landfill Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FR0766U — Groundwater Monitoring/Reporting and RAPM No. 4 Pre - Injection Investigation and Design for the South Gifford Road Landfill site. This project was completed under Work Order No. 2, authorized on 11 July 2023, pursuant to the 2023 Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec, authorized on 16 May 2023. This report has been prepared as a supplement to our final Invoice No. 556429 dated 10 April 2024, which is attached. SCOPE OF WORK The scope of work authorized under Work Order No. 2 addressed the FDEP-required semi-annual groundwater monitoring and reporting for one year (two sampling and reporting events) and related consulting services. The project was executed under the following phases (tasks): (i) Project Management; (ii) Meetings/Regulatory Interaction; (iii) Annual Pollution Remediation Liabilities Evaluation; (iv) Semi -Annual Sampling Activities; (v) Data Evaluation and Semi -Annual Reporting; (vi) Pre -Remedial Action Plan Modification (RAPM) Addendum No. 4 Injection Activities; and (vii) Prepare RAPM Addendum No. 4. Below is a summary of the work by phase that Geosyntec performed under this work authorization. Phase 1— Proiect Management Under this phase, Geosyntec performed project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review and completion, project coordination, and project administration. PR24013Project Completion WO No 2_FRO766U.doc engineers I scientists I innovators 156 Mr. Himanshu Mehta, P.E. 22 April 2024 Page 2 Phase 2 — Meetines/Remlatory Interaction Under this phase, Geosyntec provided ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Phase 3 — Annual Pollution Remediation Liabilities Evaluation Under this phase, Geosyntec prepared the annual environmental liability evaluation in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The report included the evaluation of two sites, South Gifford Road Closed Landfill (4701 41St Street) and Former Premier Citrus — Commander Groves Property (375 82nd Avenue) and was submitted to IRC on 31 October 2023. Phase 4 — Semi -Annual SamDline Activities Under this phase, Geosyntec conducted field preparation and groundwater sampling activities for two semi-annual groundwater monitoring events in June and December 2023. Throughout these sampling events, a total of 52 groundwater samples for analysis for volatile organic compounds (VOCs) were collected under this work authorization. Phase 5 — Data Evaluation and Semi -Annual Reporting Under this phase, Geosyntec prepared the semi-annual reports for the June and December 2023 groundwater sampling events. As part of the report preparation, Geosyntec completed database management, data evaluation, trend evaluation, table preparation, and GIS figure preparation. Groundwater monitoring results in 2023 suggested that the plume monitoring well network could be reduced to account for plume shrinkage since the previous 2017 bioremediation injection targeting chlorinated VOCs (CVOCs). In the 2023 Annual Groundwater Monitoring Report (GMR) submitted to FDEP on 28 February 2024, Geosyntec recommended to remove 16 monitoring wells from the 2024 sampling and analysis plan, reducing the number of monitoring wells sampled from 42 to 26, a 38% decrease. Geosyntec also recommended to change the reporting frequency from semi-annual to annual. FDEP approved these recommendations to reduce sampling and reporting frequency in an approval letter dated 18 March 2024. Phase 6 — Pre-RAPM Addendum No. 4 Iniection Activities Under this phase in June 2023, Geosyntec personnel collected groundwater samples from seven monitoring wells to evaluate concentrations of dechlorination indicators including dissolved gases, total organic carbon, and microbial populations. PR24013_Project Completion WO No 2 FR0766U.doc engineers I scientists I innovators 157 Mr. Himanshu Mehta, P.E. 22 April 2024 Page 3 Under this phase in October 2023, Geosyntec provided oversight for a contractor to clear brush in the former source area in preparation for drilling rig mobilization and groundwater sample collection. Geosyntec also provided oversight for a private underground utility survey of the proposed drilling locations. Sixty groundwater samples were collected using direct push technology (DPT) drilling in the vicinity of the former source area and northwest of the former source area. Two continuous soil borings were advanced to record site lithology and evaluate mass distribution using a photoionization detector (PID). Investigative -derived waste generated during 2023 and 2024 field activities was containerized in 55 -gallon polyethylene drums, characterized as non -hazardous by laboratory analyses, and removed and disposed of by a licensed subcontractor in March 2024. Phase 7 — Prepare RAPM Addendum No. 4 Initial analysis of the pre-RAPM Addendum No. 4 DPT groundwater analytical and soil screening data indicated inconsistencies when compared to nearby monitoring well data. Although not originally scoped in Work Order No. 2, Geosyntec personnel mobilized to the site and redeveloped three monitoring wells and collected confirmation samples within the budget of the current approval. Confirmation groundwater samples were more consistent with historical results and indicated that enhanced bioremediation processes are actively occurring and additional injection to stimulate these processes is not prudent at this time. A Groundwater Investigation Memorandum documenting DPT groundwater data collected in October 2023, as well as groundwater data collected in June and December 2023 and February 2024 from monitoring wells was submitted to FDEP as Appendix A to the 2023 Annual GMR. BUDGET The approved budget for Work Order No. 2 was $171,433.02. The total invoiced amount, including the final invoice, is $171,393.92. Geosyntec completed this project below the approved budget. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at 850 483-5102. Crystal Wilson, P.G. (FL, AL) Senior Geologist PR24013_Proiect Completion WO No 2_FR0766U.doc engineers I scientists I innovators Sincerely, 4. g ot<kr Joseph Applegate, P.G. (FL) Senior Principal Geologist 158 Mr. Himanshu Mehta, P.E. 22 April 2024 Page 4 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766U South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount 523379 08/18/2023 $26,350.03 526406 09/12/2023 $3,964.73 6770 South Washington Geosyntec ° Avenue, Suite 3 Titusville, Florida 32780 { PH 321.269.5880 Cons, ,1 tants www.geosyntec.com 22 April 2024 Mr. Himanshu Mehta, P.E. Managing Director Indian River County Solid Waste Disposal District 1325 74a' Avenue Southwest Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice South Gifford Road Landfill — Work Order No. 2 Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) prepared this project management report to address the Plume Groundwater Monitoring and Remedial Action Plan Modification Addendum Number 4 (RAPM No. 4) Design project being conducted by Geosyntec on behalf of Indian River County (IRC) Solid Waste Disposal District (SWDD) at the South Gifford Road Landfill site. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; and (iv) recommended actions for the site. The enclosed invoice reflects labor and expenses through 31 March 2024 for work being performed at the South Gifford Road Landfill. Table 1 provides invoicing details for the project. Work Order No. 2 was approved by IRC on 11 July 2023 and the budget for the project was developed using labor rates that were approved by IRC in 2023 (Continuing Contract Agreement for Consulting Engineering Services dated 16 May 2023). PROJECT MANAGEMENT SUMMARY Geosyntec's Proiect No. FR0766U: Groundwater Monitoring/Reporting and RAPM No. 4 Pre - Injection Investigation and Design (IRC Work Order No. 2) Budget Overview Invoice No. 556429 dated 10 April 2024 for $862.50, Project No. FR0766U is enclosed. Listed below is a summary of the budget, including invoiced amount, and remaining budget. Geosyntec is within the budget appropriated for this project. Approved Budget: $ 171,433.02 Invoiced Amount to -date: $ 171,393.92 Remaining Budget: $ 39.10 Work Completed to Date The summer 2023 semi-annual groundwater monitoring event was completed the week of 26 June 2023. The semi-annual groundwater monitoring report was submitted to Florida Department of Environmental Protection (FDEP) on 31 July 2023 and approved by FDEP on 21 August 2023. FR0766U/PR24016.doex engineers I scientists I innovators 160 Mr. Himanshu Mehta, P.E. 22 April 2024 Page 2 Geosyntec personnel and a drilling subcontractor mobilized to the site the week of 9 October 2023 for field activities related to the RAPM No. 4. Groundwater samples were collected using direct push technology (DPT) drilling in the vicinity of the former source area and northwest of the former source area. Data from the RAPM No. 4 field activities and next step recommendations were submitted to FDEP at the same time as the 2023 Annual Groundwater Monitoring Report (GMR). The Annual Pollution Remediation Liabilities Evaluation was submitted to IRC on 31 October 2023. The winter 2023 semi-annual groundwater monitoring event was completed the week of 4 December 2023. Due to inconsistencies in the groundwater analytical data reported in December 2023 at three monitoring wells, Geosyntec personnel remobilized to the Site on 6 and 7 February 2024 to redevelop the wells and collect confirmation groundwater samples. This additional effort is covered under the current authorization. The 2023 Annual GMR was submitted to FDEP on 28 February 2024 and recommended to significantly reduce the plume monitoring well network. Investigation -derived waste (IDW) generated during 2023 and 2024 field activities and containerized in a 55 -gallon polyethylene drum was removed and disposed of by a licensed subcontractor in March 2024. Work Reflected on Enclosed Invoice Reimbursable expenses ($862.50) reflected on the enclosed invoice are associated with subcontractor costs for offsite transport and disposal of six 55 -gallon drums of nonhazardous liquids. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at (850) 483-5102. Sincerely, Crystal Wilson, P.G. (FL) Senior Geologist FR0766U/PR24016.docx engineers I scientists I innovators 161 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FR0766U South Gifford Road Landfill Geosyntec Project Number/IRC Work Authorization Number Invoice No. Invoice Date Amount FR0766U (IRC Work Order No. 2) 523379 08/18/2023 $26,350.03 526406 09/12/2023 $3,964.73 529810 10/11/2023 $3,458.23 534081 11/16/2023 $56,262.77 537558 12/15/2023 $7,481.76 541229 01/16/2024 $24,667.47 546449 02/16/2024 $20,222.93 549022 03/04/2024 $28,123.50 556429 04/10/2024 $862.50 TOTAL $171,393.92 FR0766U/PR24016.docx engineers I scientists I innovators 162 INDIAN RIVER COUNTY 1325 74TH AVENUE, S.W. VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA Geosyntec Consultants, Inc. 900 Broken Sound Parkway NW, Suite 200 Boca Raton, Florida 33487-3575 USA Tel (561) 995-0900 Fax (561) 995-0925 Invoice #: 556429 Invoice Date: 4/10/2024 Project: FR0766U Project Name: 2023 GIFFORD GWM PRE RAPM For Professional Services Rendered through transaction date: 3/31/2024 IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT CRYSTAL WILSON AT 850-483-5102. WORK ORDER #2 DATED JULY 11. 2023 Reimbursable Expenses $862.50 ------------------------ Current Invoice $862.50 **Amount Due This Invoice ** $862.50 Statement Prior Billings $170,531.42 Project Budget $171,433.02 Current Invoice $862.50 Expended to Date $171,393.92 Billed To Date $171,393.92 Contract Balance $39.10 Paid To Date $170,531.42 **Amount Due This Invoice ** $862.50 Geosyntec and its subsidiaries will not send updated bank information without a follow up telephone conversation. Any bank information update received without verbal confirmation from the appropriate Geosyntec employee should not be relied upon for payment. It is Client's responsibility to verify the change in bank information prior to issuing payment. Client will remain liable for full payment of Geosyntec's invoices where Geosyntec does not receive payment as a result of Client's use of unconfirmed bank information. When making payment via bank, please include our invoice number in ACH information; Please email invoice payment remittance/details to CorporateAR@Geosyntec.com. Bank Details: Citibank N.A. Coconut Creek Branch 0529 Account M 2195223812 4807 Coconut Creek Pkwy ABA/Routing: 067004764 (ACH) 266086554 (Wire) Coconut Creek, FL 33063 Swift: CITI US 33 When making payment via check, please remit payment to: Mail Code 11160 P.O. Box 70280 Philadelphia, PA 19176-0280 163 Project: FR0766U -- 2023 GIFFORD GWM PRE RAPM Phase: 04) SEMI-ANNUAL SAMPLING ACTIVITES Vendor Name Doc Nbr Subcontractors -Billable ERWIN REMEDIATION, INC. GEOS139 Total Phase: 04) SEMI-ANNUAL SAMPLING ACTIVITES INCPMGEOPH Invoice # :556429 Date Cost Multiplier Amount 03/26/2024 750.00 1.15 862.50 Phase Expense 862.50 Total Project Expense 862.50 Total Project: FR0766U — 2023 GIFFORD GWM PRE RAPM 862.50 Pagg64 2 1 Invoice EIERWIN REMEDIATION, INC. DATE INVOICE # P.O. Box 884 Gulf Breeze, FL 32562 3/26/2024 GEOS139 (850) 292-6511 ErwinRemediation@gmail.com 1583 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 03, 2024 To: The 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: Renewal No. 4 with Tiger Inc for Sale and Purchase of Natural Gas Descriptions and Conditions: On February 21, 2023, the Indian River County (IRC) Solid Waste Disposal District (SWDD) Board approved a Base Contract and an Addendum to the Base Contract (Agreement) with Tiger, Inc. for sale and purchase of natural gas. Tiger, Inc. is a fixed -based cost third party marketer for the natural gas utilized by the Indian River Sustainability Center, LLC (IRSC) for the leachate evaporator project. The Agreement provided a Transaction Confirmation #1 with a fixed -based cost of $0.4572 per therm with a delivery period from March 1, 2023, through August 31, 2023. On August 19, 2023, The IRC SWDD Board approved Tiger Gas Transaction Confirmation #2 with a fixed base cost of $0.4991 per therm for the period starting September 1, 2023, through February 29, 2024. On March 19, 2024, the SWDD Board approved Tiger Gas Transaction Confirmation #3 with a fixed based cost of $0.4205 per therm for the period starting March 1, 2024 through May 31, 2024. Staff recommends approval of the renewal of the Agreement via a Transaction Confirmation #4 to extend the fixed -based cost to $0.439 per therm for the period starting June 1, 2024, through August 31, 2024. Analysis: Monthly consumption was expected to be 13,140 million British thermal units (MMBtu) per month, or 131,400 therms. However, actual monthly usage for eight consecutive fully operational months has been approximately 76,000 therms. In the original Agreement, SWDD was purchasing 110,000 therms per month and then getting less than 50% credit for the unused therms. In Transaction Confirmation #3, staff has reduced the purchase to 90,000 therms. This is a conservative estimate of usage above the average usage of 76,000 therms for the past eight months. At the new fixed -based cost of $0.439 per therm, staff estimate an approximate monthly cost of $35,000, or $105,000 for the three-month term. Please note, this fixed -based cost will be adjusted to reflect the actual spot price on the day Transaction Confirmation #4 is approved. Therefore, the contract date and the spot price will be updated accordingly and what is attached is a sample. 28eabdfc-8947-06d-8a50-1fbb4cee3d2b Pagel of 166 SWDD Item Funding: Funding of $105,000 is available within the Leachate Evaporator project budget from the SWDD/Landfill/Leachate Evaporator Expenses account, number 41121734-033493, which is funded from the SWDD assessments and user fees. Description Account Number Amount SWDD/Landfill/ Leachate Evaporator Expenses 41121734-033493 $105,000 Recommendation: Staff recommends approval from the Solid Waste Disposal District Board to approve the Transaction Confirmation #4 with Tiger, Inc. for Sale and Purchase of Natural Gas, and authorize the Chairman to sign the necessary documents to effectuate the approval. Attachment (s): Transaction Confirmation #4 with Tiger, Inc. 28eabdfc-8947-4b6d-8a50-1fbb4cee3d2b Page 2 of 2 167 TRANSACTION CONFIRMATION FOR IMMEDIATE DELIVERY EXHIBIT A Date: 5/1/2024 .14. GE R Transaction Confirmation #: 4 *Inc. This Transaction Confirmation is subject to the Base Contract between Seller and Buyer dated 5/1/2024. The terms of this Transaction Confirmation are binding unless disputed in writing within 2 Business Days of receipt unless otherwise specified in the Base Contract. SELLER: BUYER: TIGER, INC. Solid Waste Disposal District (Indian River County Landfill) P.O. BOX 702437 1325 74th Ave SW TULSA, OK 74170 Vero Beach, FL 32968 Attn: Rachel Strealy Attn: Himanshu Mehta Phone: 888-875-6122 Phone: (772) 226-3211 Fax: 918 491-6659 Fax: Transporter: Florida Cities Gas Transporter: Florida Cities Gas Contract Price: $0.439 per therm Plus pass through `Subject to Refresh Delivery Period: Begin: 6/1/2024 End: 8/31/2024 Delivery Point(s): Florida Cities Gas (If a pooling point is used, list a specific geographic and pipeline location): Special Conditions: Volume: Monthly volume nominations will be based on historical usage unless otherwise noted from Buyer to Seller. Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 9000 9000 9000 9000 9000 9000 9000 9000 9000 9000 9000 9000 Over/Under Pricing: Excess Volumes will be priced at FGT Z3 Midpoint + $ 0.01 per therm. Surplus Volumes will be priced at FGT Z3 Midpoint - $ -0.01 per therm. Sellbacks cannot exceed the weighted average contract price charged in a delivery period. Pass Through: Plus All cost (including but not limited to, transport, fuel, and market index premium) to Delivery Point. Operation Flow Orders: During periods of OFO's, Buyer may be required to limit usage to the average daily base load volume, additional gas may be bought/sold at market price. Renewal: Upon contract expiration and prior to a new contract being agreed to by both buyer and seller, the default rate shall be I.F.-FGT Zone 3 plus $ 0.02 per therm, Plus all pass through. Cancelation: Either Party may cancel this Transaction Confirmation with at least a 60 -day written notice prior to "Delivery Period End." Seller: TIGER, INC. Buyer: Solid Waste Disposal District (Indian River County Landfill By: By: Title: EVP Title: Date: Date: EXHIBIT B Account Number Site I Meter Address I city State Zi 1200473 Solid Waste Disposal District 1 1325 74th Ave SW I Vero Beach I FL 32968 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 06, 2024 To: John A. Titkanich, Jr., County Administrator From: Sean Lieske, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Pay to Geosyntec for Work Order WO No. 3 —Title V Air Operation Permit Revision Application Descriptions and Conditions: On July 26, 2023 the County Administrator approved CCNA-2023-Work Order No. 3 to Geosyntec Consultants, Inc. (Geosyntec) in the amount of $27,962.10. Geosyntec's authorized scope of work included general consulting/meeting support/ project management, title V permit revision application, and response to regulatory applicability. Analysis: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount of $27,962.10 which includes the final invoice of $1,914.35. The total project did not exceed budget. Attached is Geosyntec's letter report describing in more details the services provided under this work order. Funding: Funding for the Title V Air Operation Permit Revision Application work order is budgeted and available in the SWDD/Landfill/Leachate Evaporator Expenses account number 41121734-033493, for a total amount of $1,914.35. Description I Account Number Amount SWDD/Landfill/Leachate Evaporator Expenses 1 41121734-033493 $1,914.35 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $1,914.35. Attachment: 1. Geosyntec Project Completion Report & Final Invoice. OOa1a54c-5693-4608-a284-001c017d474e 3 i"e 1 of 1 Geosynteccl' consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 Subject: Project Management Completion Report IRC — Title V Air Operation Permit Revision Application IRC Work Authorization No. CCNA-2023 Work Order No. 3 Indian River County Landfill Facility, Vero Beach, Florida Dear Mr. Mehta: INTRODUCTION 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 FAX 904.396.1143 www.geosyntee.com 2 May 2024 Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL3551D — Title V Air Operation Permit Revision Application for the Indian River County Landfill Facility. This project was completed under Work Order No. CCNA-2023 Work Order No. 3 authorized on July 19, 2023 pursuant to that certain Continuing Contract Agreement for Professional Services, dated May 2, 2023 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant'). This report has been prepared as a supplement to our final invoice No. 559483, dated April 30, 2024. SCOPE OF WORK The scope of work authorized under Work Order No. CCNA-2023 Work Order No. 3 was divided into three phases: (i) general consulting/meeting support/project management; (ii) Title V Permit Revision Application; and, (iii) Response to Regulatory Comments. The following is a phase -by -phase summary of the work that Geosyntec performed under this Work Order. FL3551D-01/ FL3738B JL22033A Project Completion Letter.doc engineers i scientists I innovators 171 Mr. Himanshu H. Mehta, P.E. 2 May 2024 Page 2 Phase 1— General Consultiney/Meetin! Support/Proiect Management Under this phase, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD and the Florida Department of Environmental Protection (FDEP); invoice review and preparation; project coordination; and project administration. Phase 2 — Title V Permit Revision Application Under this phase, Geosyntec prepared and submitted the FDEP Title V Air Operation Permit revision application to FDEP. The FDEP Air Operation Permit Number 0610015 -010 -AV was issued by FDEP on 17 April 2024. Phase 3 — Response to Regulatory Comments Under this phase, Geosyntec worked with FDEP on questions and prepared a formal response to new federal regulation applicability. BUDGET The approved budget for Work Order No. CCNA-2023 Work Order No. 3 was $27,962.10. The total invoiced amount, including the final invoice, is $27,962.10. Therefore, Geosyntec completed this project within the approved budget. CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at (561) 922-1087. Sincerely Cristina Graver, P.E. Senior Engineer Enclosure: Invoice No. 559483 FL3738B-01/ FL3738B JL22033A Project Completion Letter.doc engineers I scientists I innovators 172 Geosynteccl' consultants 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 FH 904 858.1818 FAX 904.396.1143 www.geosyntec.com 2 May 2024 Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 Subject: Project Management Report and Transmittal of Invoice No. 559483 IRC — Title V Air Operation Permit Revision Application Indian River County Landfill Facility Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) prepared this project management report to address the professional services to prepare the Title V Air Operation Permit application project at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 21 April 2024. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosyntec's Proiect No. FL33151): Title V Air Operation Permit Revision Application — Indian River Coup Landfill Facility (IRC Work Authorization No. CCNA-2023 Work Order No. 3) Budget Overview Invoice No. 559483 (enclosed) dated 30 April 2024 for $1,914.35 is the 4th invoice for Project No. FL33151). Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $27,962.10 Invoiced Amount: $27,962.10 Remaining Budget $ 0.00 Geosyntec is within the budget appropriated for this project. WORK COMPLETED TO DATE The tasks performed under this invoice include review of the Title V Air Operation Permit; and project administration, including project management/invoicing. FL3315D-01\FL3315D JL23069 engineers I scientists I innovators 173 Mr. Himanshu H. Mehta, P.E. 2 May 2024 Page 2 WORK REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($1,914.35) is associated with the items listed above, including project management. • Other expenses are associated with communications fee and are built into the lump sum amount above. ONGOING WORK Geosyntec has no ongoing work. A project completion report is going to be provided to SWDDD. RECOMMENDED ACTIONS None CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 561.922.1087. Sincerely, Cristina Graver, P.E Senior Engineer Enclosure — Invoice No. 559483 FL3315D-01\FL3315D JL23069 engineers I scientists I innovators 174 Table 1 Summary of Invoices Submitted for Geosyntec's Project Number FL3315D IRC — Title V Air Operation Permit Revision Application Geosyntec Project Number/IRC Work Invoice No. Invoice Date Amount Authorization Number 528061 10/13/2023 $ 7,712.74 FL3315D/CCNA2023- WORK ORDER No. 3 534994 11/30/2023 $13,196.74 547850 3/26/2024 $5,138.27 559483 4/30/2024 $1,914.35 TOTAL $27,962.10 FL3315D-01\FL3315D JL23069 175 Geosyntec' GeosyntecConsultants,Inc. 900 Broken Sound Parkway NW, Suite 200 consultants Boca Raton, Florida Fax (561) 99 USA Tel (561) 995-0900 Fax (561) 995-0925 INDIAN RIVER COUNTY SWDD 1325 74TH AVENUE SW VERO BEACH, FL 32968 Attention: HIMANSHU MEHTA, P.E. Invoice # : 559483 Project : FL3551 D Invoice Date: 4/30/2024 For Professional Services Rendered through transaction date: 4/21/2024 Project Name: TITLE V PERMIT REVISION APPLICATIO IF YOU HAVE QUESTIONS ABOUT THIS INVOICE, PLEASE CONTACT CRISTINA GRAVER 2023 WORK ORDER NO. 3 176 Previously Amount Due Total Invoiced Phase Fee Complete Billed This Invoice To Date 01) PM AND MEETINGS 9,300.69 100.00 7,905.59 1,395.10 9,300.69 Previously Total Invoiced Phase Fee Complete Billed To Dfte 02) TITLE V PERMIT REVISION APPLICA 13,468.93 100.00 13,468.93 13,448.93 Previously Amount Due Total Invoiced Phase Fee Complete Billed This Invoice To Date 03) RESPONSE TO REGULATORY COMMENTS 5,192.48 100.00 4,673.23 519.25 5,192.48 176 Total Contract Fee $27,962.10 Total % Complete To Date 100.00 % Total Fee Earned To Date $27,962,10 Less Previous Billings $26,047175 Total This Invoice $1,91435 —Amount Due this Invoice— $1,91 Statement Prior Billings $26,047.75 Current Invoice $1,914.35 Billed To Date (Includes Retainage) $27,962.10 Paid To Date $26,047.75 Project Budget $27,962.10 ;' Billed to Date $27,962.10 Contract Balance $0.00 —Amount Due This Invoice— $1,914.35 When making payment via bank, please include our invoice number in ACH information; Please email invoice payment remittance/details to CorporateAR@Geosyntec.com. Bank Details: Citibank N.A. Coconut Creek Branch 0529 Account #: 2195223812 4807 Coconut Creek Pkwy ABA/Routing: 067004764 (ACH) Coconut Creek, FL 33063 Swift: CITI US 33 When making payment via check, please remit payment to: Mail Code 11160 P.O. Box 70280 Philadelphia, PA 19176-0280 177 PUBLIC NOTICED MEETING — MAY 21, 2024 Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 13, 2024 To: The 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: Recommendation for Franchise Award for Solid Waste and Recyclables Collection Services (RFP#2024020) Descriptions and Conditions: On April 24, 2024, the Indian River County (IRC) Solid Waste Disposal District (SWDD) held a 2nd Special Call meeting where staff provided the SWDD Board and the public with a summary of the RFP process, the various service options that were considered, a summary of the responses to the RFP, the initial and final ranking by the Selection Committee members and to obtain the SWDD Board's decision related to which of the following four options for the Solid Waste and Recyclables Collection Services Franchise that is to start on October 1, 2025 they wish to pursue. After the presentation and after obtaining public input, the SWDD Board voted and accepted the final ranking of the Selection Committee as shown below. 5 WFC REP CWR - Coastal Waste and Recycling of Florida, Inc. FCC - FCC Environmental Services Florida, LLC REP - Republic Services of Florida, Limited Partnership WM - Waste Management Inc. of Florida WP - Waste Pro of Florida, Inc. Ad SWDD Agenda - Recommendation for Award for Solid Waste and Recyclables RFP#2024020 PUBLIC NOTICED MEETING — MAY 21, 2024 The SWDD Board voted to go with Carted Yard Trash service for improved single family residential properties eliminating Option #1 and Option #2 above. However, after an in-depth discussion, the SWDD Board directed staff to obtain a "Best and Final Offer" from the top two firms of FCC Environmental Services of Florida, Inc. and Waste Management, Inc. of Florida for Option #3 and Option #4. On May 3, 2024, the IRC Purchasing Division issued a request for a Best and Final Offer (BAFO) from FCC and WM with a due date of Friday, May 10, 2024, at a due time of 12:00 pm (noon). The request stated that the BAFO was an opportunity and not an obligation to submit; however, both FCC and WM were requested to acknowledge the receipt of the BAFO with a response of either a revised price proposal for Option #3 and Option #4 in the form of an electronic version of the excel spreadsheet per Addendum No. 9 representing the BAFO or a statement that the original price proposal was the BAFO. A further requirement of the BAFO request was that the FCC or WM may decrease the price in any or all the line items in the excel spreadsheet; however, they could not increase the individual line items. Both FCC and WM responded with a BAFO. The purpose of this agenda item is provide the SWDD Board and the public with final pricing and provide a recommendation for award of RFP#2024020. To avoid any doubt, neither this agenda item, nor this RFP process, has any impact on the Customer Convenience Centers (CCC's). ANALYSIS: Upon receipt of the BAFO, the Purchasing Manager evaluated the BAFO prices in the same manner as the original prices had been scored in the same manner as the pricing submitted in the original RFP. That information and both received BAFO's were provided to the Negotiations Team on Friday, May 10, 2024, at 2:30 pm for consideration in their review and recommendation to the SWDD Board. Had the BAFO pricing been submitted in the original proposals, WM would have received the maximum 45 points for both Option #3 and Option #4 and FCC the proportionate of 39 points for Option #3 and 41 points for Option #4, and when combined with the initial technical scores of the Selection Committee members, WM would have been scored in first place, and FCC in second place. After discussions, the Negotiations Team concluded with a unanimous decision to recommend the franchise award to WM. SWDD staff and our consultant, Kessler Consulting, Inc. (KCI) have further reviewed the BAFO and provide the following summary. Total Annual Price Comparisons: Based on the BAFO, the table below compares the total annual price for the top two ranked firms for Option #3 and Option #4: Option 3 - Subscription / Carted YW Services FCC % WM WM % (Original Price) (BAFO) Change (Original Price) (BAFO) Change Annual Residential $17,750,677.01 $17,750,677.01 0.0% $24,460,819.56 $13,034,779.68 -46.7% SWDD Agenda - Recommendation for Award for Solid Waste and Recyclables RFP#2024020 Page i 179 PUBLIC NOTICED MEETING - MAY 21, 2024 Annual Commercial $6,735,590.92 $6,640,281.64 -1.4% $8,069,313.00 $8,069,313.00 0.0% Annual Supplemental $127,462.76 $127,462.76 0.0% $186,731.76 $186,731.76 0.0% Total Annual Comparison $24,613,730.69 $24,518,421.41 -0.4% $32,716,864.32 $21,290,824.44 -34. Total Annual BAFO Reduction $95,309.28 $11,426,039.88 Option 4 - Universal / Carted YW FCC FCC % WM WM % (Original Price) (BAFO) Change (Original Price) (BAFO) Chan Annual Residential $15,827,451.00 $15,514,653.00 -2.0% $16,371,433.68 $12,263,403.48 -25.1% Annual Commercial $6,735,590.92 $6,640,281.64 -1.4% $8,069,313.00 $8,069,313.00 0.0% Annual Supplemental $127,462.76 $127,462.76 00% $186,731.76 $186,731.76 0.096 Total Annual Comparison $22,690,504.68 $22,282,397.40 -1.8% $24,627,478.44 $20,519,448.24 -16.7% Total Annual BAFO Reduction $408,107.28 $4,108,030.20 All pricing above is broken down by total Annual Residential, Commercial and Supplemental price. The universal option is less than subscription option by both companies. Comparatively, WM has the lowest overall price for both Subscription Service and Universal Service. RESIDENTIAL SERVICES BREAKDOWN i i When comparing the overall costs for residential services, staff is including recycling collection with garbage, yard waste and bulk waste collection; however, please note that residential recycling collection is already a Universal service that is part of the non -ad valorem assessment portion of the landfill fee on all improved residential properties in Indian River County. Option 3 - Subscription / Carted YW FCC FCC % WM WM % (Original Price) (BAFO) Change (Original Price) (BAFO) Change Solid Waste $9.71 $9.71 0.0% $17.80 $6.59 -63.0% Yard Trash $6.11 $6.11 0.0% $7.80 $3.87 -50.4% Bulk Trash $1.70 $1.70 0.0% $6.42 $3.19 -50.3% Total Monthly SW Franchise $17.52 $17.52 0.0% $32.02 $13.65 -57.4% Total Monthly Recycling Franchise $7.84 $7.84 0.0% $5.51 $5.00 -9.3% Total Franchise Monthly Cost $25.36 $25.36 0.0% $37.53 $18.65 7-50-3%] Total Monthly BAFO Reduction $0.00 $18.88 Solid Waste Yard Trash Bulk Trash Option 4 - Universal / Carted YW FCC FCC % (Original Price) (SAFO) Change $8.53 $8.53 0.0% $5.16 $5.16 0.0% $1.68 $1.68 0.0% WM WM (Original Price) (BAFO) $10.55 $6.98 $4.52 $3.86 $4.50 $3.18 % hang' -33.8% -14.6% -29.3% SWDD Agenda - Recommendation for Award for Sotid Waste and Recyclables RFP#2024020 Page 3 180 PUBLIC NOTICED MEETING - MAY 21, 2024 Total Monthly SW Franchise $15.37 $15.37 0.0% $19.57 $14.02 -28.4% Total Monthly Recycling Franchise $7.84 $7.47 -4.7% $5.51 $4.58 -16.9% Total Franchise Monthly Cost $23.21 $22.84 -1.6% $25.08 $18.60 -25.8 Total Monthly BAFO Reduction $0.37 $6.48 Again, the universal option is less than subscription option by both companies. Comparatively, WM has the lowest overall price for both Subscription Service and Universal Service. 9 Under Option #3 for Subscription Services and using WM's numbers only for comparison, the current residential solid waste monthly cost for a single-family home of $11.16 is proposed to increase to $13.65 or by 22%. Similarly, the universal recycling monthly cost for a single-family home of $2.06 is proposed to increase to $5.00 or by 70%. On an annual basis, the subscription customer would pay $163.80 directly to the franchise hauler and would pay an additional $60.00 for universal recycling services as part of their non -ad valorem assessment on their tax bill. This is a total annual cost of $223.80. Alternatively, under Option #4 for Universal Services and again using WM's numbers only for comparison, the residential solid waste monthly cost for a single-family home of $11.16 is proposed to increase to $14.02 or by 26%. Similarly, the universal recycling monthly cost for a single-family home of $2.06 is proposed to increase to $4.58 or by 56%. On an annual basis, all residential customers would pay $168.24 for universal solid waste collection and would pay an additional $54.96 for universal i recycling services as part of their non -ad valorem assessment on their tax bill. This is a total annual cost of $223.20. MULTI -FAMILY RESIDENTIAL SERVICES: After further review and consideration, Staff recommends that multi -family residential services remain as a commercial service to minimize billing to the communities both by the franchise hauler and by SWDD under the Universal Service option. STAFF INPUT ON POLICY DECISIONS: Staff is providing the following input on a policy decision that needs to be considered by the SWDD Board. As mentioned in the past, the current subscription rate is over 70%; however, recycling cart abuse continues to be a major problem in our community followed by illegal dumping. Based on continued recycling cart audits in our community, those residents that live in Universal Service areas, such as the City of Sebastian, the City of Vero Beach, the Town of Indian River Shores and the Town of Orchid have the lowest rate of recycling cart abuse as compared to the Subscription Services areas of Unincorporated IRC and the City of Fellsmere. The goal is to continue to meet the service needs of our community with high quality service with improved efficiency, higher diversion of waste from our landfill and in turn improve our recycling program while providing the overall lowest costs to our residents. 1. Subscription or on Annual Tax Bill - As the results of the RFP demonstrate, Universal Collection service offers the maximum reduction in costs for current subscribers within the Unincorporated SWDD Agenda - Recommendation for Award for Solid Waste and Recyclables RFP#2024020 Page 4 181 PUBLIC NOTICED MEETING — MAY 21, 2024 Indian River County. A Universal Collection service provides routine garbage collection to all improved residential properties, including rental properties, which should help reduce the use of the recycling carts for garbage service. This program also discourages illegal dumping or burning of garbage which is an environmental detriment to our community. SWDD staff recommends Universal Collection to provide uniform service to all residents of Unincorporated IRC at the lowest cost possible while maximizing environmental benefits to our community. FUNDING: The funding for solid waste and recycling collection is provided through a combination of SWDD assessments and individual subscription customer payments directly to the franchised haulers. This will vary based on the service option selected. RECOMMENDATIONS: Upon public input and SWDD Board discussion, SWDD staff recommends the Board consider and approve the following: 1. SWDD staff recommends Universal Collection for Unincorporated Indian River County with multi- family collection remaining as commercial collection services. Board Decision: Subscription Service or Universal Collection? 2. SWDD staff recommends the award of the Solid Waste and Recycling Collection Franchise to Waste Management, Inc. of Florida as the proposer ranked in the top two and that has subsequently submitted the lowest best and final offer for RFP#2024020. 3. Authorize staff to finalize the sample agreement, negotiate as necessary for both legal and technical sufficiency, and to return with a final agreement for SWDD Board approval at a future meeting. ATTACHMENTS: 1. None (The Best and Final Offer are available to the public via the IRC Purchasing Division). 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N W W c7 0 0 o f '- - 47 , S O d a_ C C c C C C C c m Q Q C 1 . 7 7 7 7 7 7 N 0ct° N {/f N 7 d d d d d d O N O W » V O O O N O NN O Z \ W N O N O N O N "I co w O N 7 W @» V D O O y " lN0 O W: O W LnlNlf lNn 7 7 Y O O J 7 0RL \ Y N Y Y fWl. � .O K � C A' A A A G G G G 7 m m ^ N ^ v+ ^^ o N 3 3 3 3 a o v v ^ o t- o ^ o ^ o O O V rY -f r f W O Z D NQS iC OJ Z N l �CC A G S A o LO l0 N0 Y O �r N W N �'' II II 00 _ C O C m 3 m W N S LD O Y V1 01 00 UAj O W ^ p�j O p� 0 00 N 3 c ^ 0 cr Om 3 m x_ a m n ^ 7 A N �O 01 .000, OD In l0 A O N Z u+ Z n v a O � w Y Of w N 00 w N W w N O w N N w Y D w A w Y A90 w 00 w Y 00 w Y A ,i o \ 0 N 3 '., p O O V N w 00 pp A O O 0 O y j ^ C �+ m a RA - z ^ 7 w Y w Y to Y w N w w Y w w a . b N A A N V OO l0 A Ol V l0 W � W O N lD V OWO Ol n^ M ' R N R V u A A Ch00 N 01 V1 �� 7 n n n f N N N M 3 A A A A O vi coo 0 A M Z E M Z Z W W W w a N N R a D a D D D w 00 00 w $# 7 7 N N R N G G i'5eC SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 3, 2024 To: The 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. 6 to Geosyntec for One Year of Groundwater Monitoring/Reporting at the Former South Gifford Road Landfill Descriptions and Conditions: In accordance with the requirements by the Florida Department of Environmental Protection (FDEP), the former South Gifford Road Landfill site requires continual groundwater monitoring activities and regulatory oversight to show that the County and SWDD are proactively taking efforts to remediate the site. FDEP requires submittal of an annual groundwater monitoring report no later than February 28, 2025 (to document results of the semi-annual sampling events). Previous sampling, reporting, and remedial events performed by Geosyntec have been completed on schedule and within budget. In addition, FDEP approved Geosyntec's 2023 recommendations to reduce the monitoring network by 38% and change the reporting frequency from semi-annual to annual. Accordingly, staff requested a proposal from Geosyntec, under the Board -approved agreement resulting from RFQ 2023015, to provide routine groundwater monitoring and reporting for a one-year period and annual pollution remediation liabilities evaluation. RFQ 2023015 Work Order Number 6 is assigned to this proposed work. Analysis: Geosyntec's proposal includes two semi-annual monitoring events and one annual reporting event for the routine groundwater monitoring program required by FDEP, and preparation of an annual pollution remediation liabilities evaluation. Geosyntec's proposal consists of five phases as follows: Phase Description Budget Phase 1: Project Management $7,663.20 Phase 2: Meetings/Regulatory Interaction $4,844.60 Phase 3: Annual Pollution Remediation Liabilities Evaluation $6,087.30 Phase 4: Semi -Annual Sampling Activities $58,145.18 Phase 5: Data Evaluation and Annual Reporting $11,877.58 Total $88,617.86 Phase 1 includes project planning and management responsibilities. Phase 2 includes meeting attendance and . interaction with regulatory agencies. Phase 3 includes preparation of the annual environmental liability evaluation j in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and 62fb6a2d-26b-4884-b4f5-8daf5629968b PagI$Sf 2 SWDD Item Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. Phase 4 includes field preparation, groundwater sampling, and water level measurements during two routine groundwater monitoring events. Phase 5 includes data evaluation and annual reporting. Funding: Funding for this work is budgeted and available in the Optional Sales Tax/Landfill/Other Contractual Services/Landfill Groundwater Testing account, number 31521734-033490-03004, which is the one -cent sales tax fund used for infrastructure needs of the County. Costs associated with the landfills are authorized uses of the one - cent sales tax, in addition to infrastructure. Description Account Number Amount Optional Sales Tax/Landfill/Other Contractual 31521734-033490- $88,617.86 Services/Landfill Groundwater Testing 03004 Recommendation: Solid Waste Disposal District staff recommends that its Board approve and authorize the Chairman to sign the attached Work Order No. 6 authorizing Geosyntec to provide groundwater monitoring/reporting and related consulting services for the Former Gifford Road Landfill in compliance with FDEP requirements for a period of one year not to exceed fee of $88,617.86. So long as there are no changes in the dollar amount under the work order, upon adequate completion of the work set forth in the work order, staff is directed to make final payment, after review and approval by the Purchasing Manager and the County Attorney's Office. Attachment: 1. Geosyntec Work Order No. 6 62fb6a2d-2c3b-4884-b4f5-8daf5629968b Pagjg412 ENGINEERING SERVICES WORK ORDER 6 This Work Order Number 6 is entered into as of this 21st day of May 2024 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 ("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 X �F. pww" o Fj- - � M Susan Adams, Chairman Print Name: Joseph Applegate BCC Approval Date: May 21, 2024 Title: Sr. Principal Geologist Attest: Ryan L. Butler, Clerk of Court and Comptroller U1.3 0.2 Deputy Clerk John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 185 EXHIBIT A SCOPE OF WORK TIME SCHEDULE FEE SCHEDULE engineers I scientists I innovators 186 Geospte& consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74`h Avenue SW Vero Beach, Florida 32968 6770 South Washington Avenue, Suite 3 Titusville, Florida 32780 PH 321.269.5880 www.geosyntec.com 22 April 2024 Subject: Proposal to Provide One Year of Groundwater Monitoring/Reporting and Related Consulting Services Former South Gifford Road Landfill Vero Beach, Indian River County, Florida Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) is pleased to submit this letter proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide professional services for Florida Department of Environmental Protection (FDEP)-required activities associated with continued implementation of the groundwater monitoring for the chlorinated volatile organic compound (CVOC) plume at the Former South Gifford Road Landfill located in Vero Beach, Indian River County, Florida (Site). This scope and fee proposal is based on correspondence with the FDEP and discussions with IRC. As requested by IRC, this fee proposal includes budget for the following activities: • Complete two semi-annual monitoring events for the plume monitoring well network, • Provide related consulting services, • Represent IRC during interactions with regulatory agencies, • Prepare an annual pollution liabilities evaluation report for identified IRC -owned environmental liabilities, and • Prepare an annual groundwater monitoring report summarizing semi-annual sampling activities and results. Geosyntec has prepared this proposal (professional services as Exhibit A) as Work Order No. 6 for the 2023 Continuing Contract Agreement for Professional Services between IRC SWDD and Geosyntec. The remainder of this letter provides an overview of the project background, a description of the proposed scope of work, a budget estimate, and a discussion of the schedule for accomplishment of the work described herein. FR0766\XR24015.docx engineers I scientists I innovators 187 Mr. Himanshu H. Mehta, P.E. 22 April 2024 Page 2 PROJECT BACKGROUND Geosyntec consultants As part of the long-term monitoring activities for the identified CVOC plume associated with the South Gifford Road Landfill, a network of monitoring wells require sampling on an annual or semi-annual basis to: (i) confirm that the CVOC plume is not migrating by monitoring the lateral and vertical extent; (ii) evaluate the impact of source and dissolved plume bioremediation to assess CVOC plume centerline concentrations over time; and (iii) assess the impact of biological and physical natural attenuation processes on CVOC plume degradation. Geosyntec conducted previous bioremediation injection events in 2008, 2009, 2012, and 2017 to remediate recalcitrant CVOC groundwater impacts in the downgradient biobarriers and in the former source area. Groundwater monitoring results in 2023 suggested that the plume monitoring well network could be reduced to account for plume shrinkage since the previous 2017 bioremediation injection. In the 2023 Annual GMR, Geosyntec recommended to remove 16 monitoring wells from the 2024 sampling and analysis plan, reducing the number of monitoring wells sampled from 42 to 26, a 38% decrease. Geosyntec also recommended to change the reporting frequency from semi-annual to annual. FDEP approved these recommendations to reduce sampling and reporting frequency in an approval letter dated 18 March 2024. PROPOSED SCOPE OF WORK For the purpose of budgeting, the scope of work has been divided into the following phases: • Phase 1 — Project Management, • Phase 2 — Meetings/Regulatory Interaction, • Phase 3 — Annual Pollution Remediation Liabilities Evaluation, • Phase 4 — Semi -Annual Sampling Activities, and • Phase 5 — Data Evaluation and Annual Reporting. The remainder of this section presents a general description of the activities to be performed in each phase. Phase 1 — Proiect Management: Under this phase, Geosyntec will perform project planning and management responsibilities, such as correspondence with IRC SWDD and FDEP, invoice review, project coordination, and project administration. The budget includes two hours per month for the project manager (24 hours total) and one hour per month (12 hours total) for the project administrator. FR0766\XR24015.docx engineers I scientists I innovators 188 Mr. Himanshu H. Mehta, P.E. 22 April 2024 Page 3 Geosyntec consultants Phase 2 — Meetines/Reiulatory Interaction: Under this phase, Geosyntec will prepare for and attend up to one meeting, with IRC SWDD, FDEP, and/or IRC Board of County Commissioners, as necessary. It has been assumed that this meeting will be in person. Also, under this phase, four hours has been included for the Senior Principal -in -charge to provide ongoing support to IRC SWDD related to interaction and negotiation with FDEP. Phase 3 — Annual Pollution Remediation Liabilities Evaluation: As requested by IRC SWDD, under this phase, Geosyntec will prepare the annual environmental liability evaluation. This document is prepared annually in response to Governmental Accounting Standards Board Statement No. 49 (GASB No. 49), Accounting and Financial Reporting for Pollution Remediation Obligations, which requires the inclusion and calculation of pollution remediation obligations. The objective of GASB No. 49 is to enhance the usefulness and comparability of pollution remediation obligation information reported by state and local governments. It has been assumed that the report will include evaluation of two sites, including Former South Gifford Road Landfill (4701 41St Street) and Former Premier Citrus Property (375 82nd Street). In addition, two hours have been included for a Florida -registered Professional Engineer to conduct an independent review of the liability evaluation. Phase 4 — Semi -Annual Sampline Activities: Under this phase, Geosyntec will perform 2024 routine semi-annual groundwater monitoring. The semi-annual activities will include field preparation, water level measurements, and groundwater sampling. Field preparation activities will include scheduling and staffing, subcontracting, coordination with the analytical laboratory, field equipment preparation, procurement of Passive Diffusion Bag (PDB) samplers, coordination with Vero Beach Municipal Airport for water level measurement, and notifying FDEP of the field schedule. Geosyntec will perform the groundwater sampling activities associated with the CVOC plume monitoring well network. Sampling activities in 2024 will be completed with a combination of PDB samplers, as a cost -savings measure, and traditional low -flow sampling techniques, to evaluate groundwater quality and the occurrence of intrinsic biodegradation. PDBs are anticipated to be purchased from EON Products, one of the few suppliers of this type of passive sampling device. Groundwater sampling activities will be executed using a 2 -person sampling crew and will be performed in general accordance with the FDEP Standard Operating Procedures (SOPs). The proposed Summer 2024 field event (tentatively scheduled for June 2024) will include sampling and analyses of groundwater from 7 monitoring wells. The Summer 2024 field event is budgeted to include 1 day with 2 people for groundwater sampling and PDB deployment activities for the next sampling event. The proposed Winter 2024 field event (tentatively scheduled for December 2024) will include sampling of 26 monitoring wells (19 using PDBs and 7 wells via traditional purging techniques) to collect field water quality parameters. The Winter 2024 field event is budgeted to include a total of 3 days (with 2 people) for groundwater sampling activities and PDB deployment for the Summer 2025 field event. Consistent field documentation and field protocols will be utilized to develop reliable data to support the natural attenuation evaluation for the groundwater plume. The groundwater samples will FR0766\XR24015.docx engineers I scientists I innovators 189 Mr. Himanshu H. Mehta, P.E. 22 April 2024 Page 4 Geosyntec consultants be analyzed in accordance with the sampling plan summarized in the 2023 Annual Groundwater Monitoring Report (GMR). Quality control (QC) samples are proposed to be collected at a rate of 5% of total samples as required by the most recent FDEP SOPS, resulting in 2 QC samples annually. Geosyntec will conduct a round of groundwater level measurements in accordance with the sampling plan summarized in the 2023 Annual GMR concurrent with each semi-annual groundwater sampling event (budgeted for 1 day with 2 -person field team for each event). Depth to groundwater measurements will be recorded to the nearest 0.01 -ft in each monitoring well, including existing monitoring wells and applicable City of Vero Beach wells (assumed up to 60 wells per event). Overall, for field activities, budget has been included for 6 field days with 2 persons, mobilization time for field personnel, and associated field expenses for sampling. Due to wet site conditions and difficult access to certain well clusters, costs for rental of a utility phase vehicle are included for 1 day of groundwater level measurements and 1 day of sampling per event (4 total days). It is anticipated that purge water (investigation -derived waste [IDW]) will be containerized in a 55 - gallon polyethylene drum and temporarily staged on Site for characterization prior to removal and disposal. Costs are included herein for purchase of one 55 -gallon polyethylene drum, drum removal and disposal by a licensed subcontractor, and for 4 hours of drum removal oversight for 1 person. Brush clearing by a contractor is necessary on a biannual basis to clear overgrowth and maintain access to the well clusters and was last performed at the Site in October 2022. In 2024, Geosyntec will provide oversight for a contractor to clear shrubs, vines, and tall grass in an approximate 6 feet radius around select well clusters using a track loader with mower deck. Costs are included for one day oversight (with one person) and for subcontractor costs. Phase 5 — Data Evaluation and Annual Reporting: Under this phase, Geosyntec will perform data evaluation activities and reporting. The reporting includes preparation of the 2024 Annual GMR for submittal to FDEP. The 2024 Annual GMR will be consistent with the groundwater monitoring reports historically submitted to FDEP for this Site and the data evaluation activities will include database management, screening results against applicable regulatory criteria, GIS figure preparation, time trend analyses, and/or statistical data analyses. The report will be supported by attachments containing Chain -of - Custody sheets, field notes and observations, water sampling logs, maps, graphs, analytical results, quantitative statistical evaluation, and other applicable materials. As part of the statistical analysis, trend analysis graphs showing temporal concentrations of constituents and a summary of the Mann - Kendall statistics will be included to identify increasing, decreasing, or no trends in groundwater constituent concentrations. The draft 2024 Annual GMR will be submitted to IRC SWDD for review FR0766\XR24015.docx engineers I scientists I innovators 190 Mr. Himanshu H. Mehta, P.E. 22 April 2024 Page 5 Geosynte& consultants prior to submittal to FDEP. The final report will be signed and sealed by a Florida -registered Professional Engineer or Geologist. ASSUMPTIONS The following assumptions were made in developing this fee proposal: IDW for off-site disposal (decontamination water) will be characterized as non -hazardous. If needed, changes to the proposed scope of work, budget or schedule will be agreed upon in writing in advance of the work being performed. • Adverse weather conditions that require operations to be halted may affect the proposed schedule and budget. Adverse weather conditions may include, but are not limited to, a tornado watch/warning, lightning in the area, and a hurricane or threat of a hurricane. • If a stop work order is issued for reasons outside of Geosyntec's control, the budgeted cost and schedule shall be subject to revision due to changed circumstances. TIME SCHEDULE The semi-annual groundwater sampling events are tentatively scheduled for June and December 2024 as described herein. The 2024 Annual GMR will be submitted to FDEP to meet the required deadline of 28 February 2025. BUDGET ESTIMATE Geosyntec proposes to complete the scope of work described herein on a Total Cost Not to Exceed Price with Fee at risk basis in accordance with the terms of the Continuing Contract Agreement for Consulting Engineering Services between our IRC and Geosyntec. The total cost for this work is $88,617.86. Breakdown of the costs by category and by phase is provided below. Detailed costs tables (fee schedule) are included in the Attachment as Table 1. Geosyntec will not exceed the budget estimate without prior approval and written authorization from IRC SWDD. • Personnel Labor $68,562.00 • Subcontractors $8,872.00 • General Conditions (ODCs) $11,183.86 Phase 1 —Project Management $7,663.20 Phase 2 — Meetings/Regulatory Interaction $4,844.60 Phase 3 — Annual Pollution Remediation Liabilities Evaluation $6,087.30 Phase 4 — Semi -Annual Sampling Activities $58,145.18 Phase 5 — Data Evaluation and Semi -Annual Reporting $11,877.58 TOTAL $88,617.86 FR0766\XR24015.docx engineers I scientists I innovators 191 Mr. Himanshu H. Mehta, P.E. 22 April 2024 Page 6 CLOSURE Geosynte& consultants 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. Please call Crystal Wilson at 850.483.5102 with questions you may have as you review this proposal. Crystal Wilson, P.G. Senior Geologist FR0766\XR24015.docx engineers I scientists I innovators Sincerely, �I 4. 4mtI5�r Joseph Applegate, P.G. Senior Principal Geologist 192 ATTACHMENT TABLE 1: GEOSYNTEC PROJECT COST ESTIMATE SUMMARY (FEE SCHEDULE) FIGURE 1: SITE MAP AND 2024 MONITORING PLAN engineers I scientists I innovators 193 Table 1: Geosyntec Project Cost Estimate Summary Client: Indian River County Solid Waste Disposal District Site: South Gifford Road Landfill Task: 2024 Groundwater Monitoring/Reporting Date: 04/22/24 Phase I Cost Estimate PHASE 1: Project Management $7,440 PHASE 2: Meetings/Regulatory Interaction $4,420 PHASE 3: Annual Pollution Remediation Liabilities Evaluation $5,910 PHASE 4: Semi -Annual Sampling Activities $39,406 PHASE 5: Data Evaluation and Annual Reporting $11,386 Personnel Labor Total I $68,562.00 PHASE 1: Project Management $0 PHASE 2: Meetings/Regulatory Interaction $0 PHASE 3: Annual Pollution Remediation Liabilities Evaluation $0 PHASE 4: Semi -Annual Sampling Activities $8,872 PHASE 5: Data Evaluation and Annual Reporting $0 Subcontractor Total $8,872.00 PHASE 1: Project Management $223.20 PHASE 2: Meetings/Regulatory Interaction $424.60 PHASE 3: Annual Pollution Remediation Liabilities Evaluation $177.30 PHASE 4: Semi -Annual Sampling Activities $9,867.18 PHASE 5: Data Evaluation and Annual Reporting $491.58 General Conditions Total $11,183.86 Estimated Project Cost: $88,617.86 XR24015.xlsx Page 1 of 6 Geosyntee Consultants 194 PHASE 1: Project Management 2024 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Professional hr 1 $265 24 $6,360 Subtotal Professional Services $6,360 B. Technical/AdgdWstrative Services ProjectAdministratorhr $90 12 $1,080 Subtotal Technical/Administrative Services $1,080 C. Reimbursables Communications Fee 3% labor 1 0.03 1 7,440 $223.20 Subtotal Reimbursables $223.20 TOTAL ESTIMATED BUDGET: PHASE 1 $7,663.20 XR24015.xlsx Page 2 of 6 Geosyntec Consultants 195 PHASE 2: Meetings/Regulatory Interaction 2024 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $310 4 $1,240 Senior Professional hr $265 12 $3,180 Subtotal Professional Services $4,420 B. Technical/Administrative Services Subtotal Technical/Administrative Services $0 C. Reimbursables Communications Fee 3% labor 0.03 4,420 $132.60 Lodging da $192 1 $192 Vehicle Rental da $100 1 $100 Subtotal Reimbursables $424.60 TOTAL ESTIMATED BUDGET: PHASE 2 $4,844.60 XR24015.xlsx Page 3 of 6 Geosyntee Consultants 196 PHASE 3: Annual Pollution Remediation Liabilities Evaluation 2024 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL XR24015.x1sx Page 4 of 6 Geosyntec Consultants 197 PHASE 4: Semi -Annual Sampling Activities 2024 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $310 2 $620 Senior Professional hr $265 16 $4,240 Senior Staff Professional hr $184 104 $19,136 Staff Professional hr $160 92 $14,720 Subtotal Professional Services $38,716 B. Technical/Administrative Services Designer hr $165 2 $330 Project Administrator hr $90 4 $360 Subtotal Technical/Administrative Services $690 C. Subcontractors Drum Transport/Disposal each $290 1 $290 Laboratory Analysis for VOCs each $92 36 $3,312 Laboratory Analysis for RCRA Metals each $60 1 $60.00 Laboratory Analysis for Mercury each $35 1 $35.00 Brush Clearing Contractor each $5,175 1 $5,175 Subtotal Subcontractor Services $8,872 D. Reimbursables Communications Fee 3% labor 0.03 $39,406 $1,182.18 Miscellaneous Supplies - Summer (2), Winter (4), Brush Clearing 1 da $50 7 $350 PDBs for Winter 2024 and June 2025 event quote $42 30 $1,260 PDB Harness quote $82 1 $82 Drum for Pure Water each $50 1 $50 Lodging - Summer 2x1 , Winter 2x3 da $192 8 $1,536 Per Diem - Summer (2x2), Winter (2x4), Brush Clearing 1 da $59 13 $767 Utility Task Vehicle Rental(daily rate plus delivery fee da $250 4 $1,000 Field Vehicle - Summer (2x2), Winter (2x4), Brush Clearing (1), IDW 1 da $100 14 $1,400 Groundwater Sampling Equipment - Summer each $500 1 $500 Groundwater Sampling Equipment - Winter each $1,500 1 $1,500 PDB Deployment Kit - Summer (1), Winter 1 da $50 2 $100 Equipment Shi in - Summer (1), Winter 1 each $70 2 $140 Subtotal Reimbursables $9 867.18 Notes: 1. Lodging rates were taken from the GSA website for the Vero Beach area (https://www.gsa.gov/travel/plan-book/per-diem-rates. 2. Groundwater Sampling Equipment includes the following: water level indicator, peristaltic pump, water quality meter (pH, temperature, conductivity, dissolved oxygen, and oxidation reduction potential), turbidity meter, tubing, and nitrile gloves. 3. PDB Deployment Kit includes: miscellaneous field supplies necessary to suspend and deploy PDBs. XR24015.x1sx Page 5 of 6 Geosyntec Consultants 198 PHASE 5: Data Evaluation and Annual Reporting 2024 BUDGET ESTIMATE SOUTH GIFFORD ROAD LANDFILL ITEM BASIS RATE QUANTITY ESTIMATED BUDGET A. Professional Services Senior Principal hr $310 2 $620 Senior Professional hr $265 20 $5,300 Senior Staff Professional hr $184 20 $3,680 Subtotal Professional Services $9,600 Technical/Administrative Services Designer hr $165 10 $1,650 Clerical hr $68 2 $136 Subtotal Technical/Administrative Services $1,786 C. Reimbursables Communications Fee 3% labor 0.03 $11,386 $341.58 Specialized Computer Applications hr $15 10 $150.00 Subtotal Reimbursables $491.58 TOTAL ESTIMATED BUDGET: PHASE 5 $11,877.58 XR24015.xlsx Page 6 of 6 Geosyntec Consultants 199 c tO c O O N O U J N r LL U 0 m0 yo O O 0 c 3 Ud ;_ O Z z m m K o `- m I w cE"mN 04 c J O Oc C N N U c0 E A-0 Na m U R l0 O >0 _ V 0 N O LL I. Z COG 0 J �. Ol U c L m. a 0 L p m — c c of n7 '[� v r E o Nj O O m J 0 �0 .01. E'c m N C U o d o 0 0 a` -�M. y C - ) E 2 O LJ o v m 3 a U c7 a s of m�m o Cc ; N' r gE Mm Hal _