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Home My WebLink About06/18/2024�G\ E COUNTY COMMISSIONERS Susan Adams, District 1, Chairman Joseph Flescher, District 2, Vice Chairman Joseph H. Earman, District 3 Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JUNE 18, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov John A. Titkanich, Jr., County Administrator William K DeBraal, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Joe Moore, Rivers of Living Water RHEMA Word Ministries 3. PLEDGE OF ALLEGIANCE Commissioner Deryl Loar 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Proclamation Recognizing Juneteenth Attachments: Proclamation 5.B. Recognition of OF/IFAS Extension Indian River County Volunteers Attachments: Staff Report 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION June 18, 2024 Page 1 of 7 7.A. Designating the Month of July 2024, as Parks & Recreation Month and July 19, 2024, as Parks and Recreation Professionals' Day Attachments: Proclamation 7.B. SWDD Closures and Collection Service Changes for the 4th of July Holiday Attachments: Staff Report 4th of July garbage pick up 2024 8. CONSENT AGENDA 8.A. Miscellaneous Budget Amendment 05 Attachments: Staff Report 2023 2024 Resolution Exhibit "A" 8.B. Approval of Final Ranking and Award of RFQ 2024035 Derelict Vessel Removal Attachments: Staff Report Agreement 8.C. Award of Bid 2024045 for Trans Florida Rail Trail Boardwalk Repairs Attachments: Staff Report Agreement S.D. Award of Bid 2024042 - Annual Bid for Sod Attachments: Staff Report 8.E. Waiver of Bid Requirement for 911 Cybersecurity Services Attachments: Staff Report 8.F. Resolution Cancelling Taxes on Property Acquired By County From Diackamann Cavalier; TWR AS CST For Ebury Fund 2FL, LLC Attachments: Staff Report Resolution Cancelling Taxes - Cavalier 240424 Certificate of Title - Cavalier 8.G. Approval of the First Amendment to the Lease Agreement between Florida Inland Navigation District and Indian River County for the Recreational Use of Lands within the Dredged Material Management Area IR -14 Attachments: Staff Report Original Agreement - IRC -FIND Lagoon Greenway IR -14 LeaseAmendment1 IRC 2024 Exhibit A - Map 2024 June 18, 2024 Page 2 of 7 8.H. Approval of a Resolution of the Board of County Commissioners Approving and Accepting the Final Environmental Lands Program Guide, and Establishing the Environmental Lands Acquisition Panel Attachments: Resolution Adopting ELAP Staff Report 8.I. Pellegrino and Michelle Barone's Request for Affidavit of Exemption (AOE) Approval with Dedications to the County for the Barone 12th Street AOE [AOE-21-10-03 / 2020110039-90401] Attachments: Staff Report Location Map AOE Layout Plan 8.J. Approval of FWC Grant for Indian River County Derelict Vessel Removal Project Attachments: Staff Report FWC 24030 IRC DV Removal Agreement Summer 2024 IRC DV Removal Map 8.K. Easement for Florida City Gas Regulator Station Attachments: Staff Report EXHB A IndianRiverCounty EXHB B_IndianRiverCounty-Aerial EXHB C_IndianRiverCounty-Aerial2 EXHB D_FCG Easement A for GasRegStn 8.L. Award of Bid No. 2024046 Waters Edge Culvert Replacement (IRC -2201) Attachments: Staff Report Sample Agreement 8.M. Sporting Clays Facility Improvements (IRC -1847) Final Payment, Release of Retainage and Change Order No. 1 Attachments: Staff Report Change Order No. 1 8.N. Ixora Park Infrastructure Improvements, Final Ranking of Design -Build Teams for RFQ 2024030 and Amendment No.l to Agreement No. LPA0306, IRCDUS Project ID 41.23.548 Attachments: Staff Report Amendment to Agreement No LPA0306 8.0. Authorization Request for Staff to Apply for Funding Through FDEP's Water Quality Protection Grant Program Attachments: Staff Report June 18, 2024 Page 3 of 7 8.P. Amendment No. 3 to Work Order No. 14 to Bowman Consulting Group, Ltd., and Payment to Escape Ranch for North County 24 -Inch Force Main Replacement, IRCDUS Project ID: 21.23.503 Attachments: Staff Report Bowman Amendment 3 to WO 14 Email re estimate for gopher tortoise management and monitoring fees 8.Q. First Amendment to the Agreement Pertaining to RFP 2024005, Comprehensive Utility Rate Study, to Stantec Consulting Services, Inc. for Additional Community Engagement Marketing Services Attachments: Staff Report First Amendment to Agreement 8.R. Final Ranking of Firms and Selection of HDR Engineering, Inc. for RFQ 2024039 Integrated Water Master Plan for the Department of Utility Services, IRCDUS Project ID 00.23.547 Attachments: Staff Report 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Supervisor of Elections Leslie R. Swan re: Request to Roll Back Revenue Into 23/24 Budget Attachments: Supervisor of Elections Memorandum 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak from Bill Rigby re: RFP Policies Attachments: Request to Speak B. Rigby C. PUBLIC NOTICE ITEMS 10.C.1. Permission to Advertise for 74th Avenue Property Exchange on July 2, 2024 Attachments: Staff Report Sketch of 74th Avenue 11. COUNTY ADMINISTRATOR MATTERS June 18, 2024 Page 4 of 7 11 k + Approval of AM -204.2 At -Will Policy, Amendment to AM -212.1 Termination, Amendment to AM -801.1 Behavior of Employees; Amendment to AM -804.1 Customer Service; and Amendment to AM -807.1 Disciplinary Process Attachments: Staff Report AM -202.4 - At Will 2024 Draft AM 212.1 - Termination April 2024 Draft AM- 801.1. Behavior of Employees 2024 Draft AM -804.1. Customer Service 2024 Draft AM -807.1 - Disciplinary Process 2024 Draft 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources 12.C.1. Group Insurance Recommendations for Plan Year 2024/2025 Attachments: Agenda Item - Group Insurance Recommendation for FY2024-25 final D. Information Technology E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation H. Planning and Development Services I. Public Works J. Utilities Services 12.11. Sea Oaks Property Attachments: Staff Report Sea Oaks - Site Location 13. COUNTY ATTORNEY MATTERS 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 June 18, 2024 Page 5 of 7 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.11.1. Approval of SWDD Meeting Minutes of April 09, 2024 15.11.2. Amended Renewal No. 4 with Tiger Inc for Sale and Purchase of Natural Gas Attachments: Staff Report Amended Renewal #4 15.B.3 Appeal of Denial of Protests Relating to RFP 2024020 Attachments: Staff Report Response to FCC Protest Response to Coastal Appeal and Protest C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.jzov 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. June 18, 2024 Page 6 of 7 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. June 18, 2024 Page 7 of 7 ProcCamation 5" RECOGNIZING JUNE 19 AS JUNETEENTH -Whereas, Abraham Lincoln issued the Emancipation Proclamation, a presidential proclamation and executive order, on January 1, 1863, changing the legal status of more than 3.5 million enslaved African Americans; and -Whereas, on June 19, 1865, General Gordan Granger arrived in Galveston, Texas, and read the Emancipation Proclamation, announcing freedom to all those enslaved in the state; and -Whereas, Juneteenth, derived from the combination of the month and day of June 19th, often is referred to as Freedom Day, Jubilee Day, Emancipation Day, Independence Day or Black Independence Day; and -Whereas, in 1979, Texas became the first state to make Juneteenth an official holiday, with other states following suit over the years; and -Whereas, Emancipation Day is celebrated at different times throughout the United States because of the time it took for Union generals to reach Southern states after the war ended; and -Whereas, General Edward McCook first read the Emancipation Proclamation in Tallahassee, Florida on May 20, 1865, eleven days after the end of the Civil War, and two years after the Proclamation was first issued by President Abraham Lincoln freeing those enslaved in the Southern States; and -Whereas, in 1997, Florida recognized May 20 as a statewide celebration of Emancipation. Now, 'Therefore, be it Proclaimedby the Boardof County Commissioners ofln&an River County, ,Florida, that the Board recognizes June 19 as Juneteenth, honoring the end of slavery in the United States and further proclaims May 20 as Emancipation Day for Florida in Indian River County marking the anniversary of when slavery became illegal in the State of Florida. Adopted this 18th day of June 2024. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss PRESENTATION BCC Meeting 6-18-2024 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department UF/IFAS Extension Date: May 28, 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: Andrea Lazzari, County Extension Director Subject: Recognition of UF/IFAS Extension Indian River County Volunteers The success of cooperative extension programs heavily relies on the dedication and contributions of our volunteers. At UFAFAS Extension Indian River County, our volunteers play a crucial role in delivering educational programs, supporting community projects, and enhancing the overall effectiveness of our services. These volunteers, including 4-H volunteers and Master Gardener volunteers, bring invaluable expertise, enthusiasm, passion, and commitment to our mission of extending knowledge and improving lives. In 2023, our volunteers made a significant impact through their dedicated service. The combined efforts of our 59 volunteers amounted to a notable 9,149 hours of volunteer time. This equates to 4.4 FTE, effectively doubling our office's workforce, and illustrating the impressive contribution our volunteers provide. The monetary value of these volunteer hours is estimated at an impressive $269,073, reflecting the extensive expertise, effort, and cost -savings our volunteers contribute to our programs. Highlights of their service include: 4-H Volunteers: Our 4-H volunteers include club leaders, co -leaders, and other dedicated adults who lead and support our 4-H community clubs, in -school and after-school programs, and state 4-H events. They work tirelessly mentoring and guiding young people in various educational endeavors, competitive events, and community service activities. Their involvement helps foster leadership skills, community awareness, and personal growth among our county's youth. Master Gardener Volunteers: These volunteers provide crucial support in horticultural education, assisting with public workshops, community gardens, outreach events, and individual consultations in our office plant clinic and at local libraries and other community hubs. Their expertise in Florida -Friendly gardening practices helps enhance the environmental stewardship and horticultural knowledge of our residents. Staff thanks the Board for their assistance recognizing the invaluable contribution of our OF/IFAS Extension Indian River County volunteers. Acknowledging their efforts will underscore the importance of volunteerism and encourage continued community engagement and support for our extension programs. 2 Jvrocfamat42n 7A DESIGNATING THE MONTH OF JULY 2024, AS PARKS AND RECREATION MONTH AND DESIGNATING JULY 19, 2024, AS PARKS AND RECREATION PROFESSIONALS' DAY -Whereas, Parks and Recreation Month was established in 1985 and celebrates its 39th year in the state of Florida and nationwide; and -Whereas, County Parks and Conservation Areas preserve the ecological beauty of our community, improve water quality, protect groundwater, prevent flooding, improve air quality, are aesthetically pleasing, and provide open green space for people and valuable habitat for wildlife; and `Whereas, Indian River County is fortunate to have many beautiful parks, playgrounds, ball fields, golf courses, disc golf courses, swimming facilities, nature trails, beaches, fairgrounds, campgrounds, intergenerational recreational facilities, a shooting range, and open spaces, which make our community a more attractive and desirable place to live, work and play; as well as to contribute to our ongoing economic vitality through enhancing property values, increased tourism, the attraction of visitors and recreational events; and -Whereas, services that parks and recreation professionals provide are vital for our communities — from protecting open space and natural resources to providing wellness and mental health benefits for all people. Parks and Recreation Month encourages everyone to reflect on the exponential value parks and recreation professionals bring to communities; and -Whereas, the U.S House of Representatives has designated July as Parks and Recreation Month; and -Whereas, the Board of County Commissioners values the essential services that parks, and recreation professionals and volunteers perform to provide recreational activities that build healthy, active communities that aid in the prevention of chronic disease, and also improve the mental and emotional health of all citizens; and wo-w, THEREFORE BE Ir PR.00L.VMED By THE BOARD OF CO'(.LNTY COJWMISSIO-WEBS OFINDI.AX ILTVER COUNTY, FLORIDA that the Board designates July as Parks and Recreation Month "Where You Belong", and July 19, 2024, as Parks and Recreation Professionals Day and encourages all citizens to celebrate by participating in the diverse activities offered through the many facilities and places provided by Indian River County. Adopted this the 18th day of June 2024 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss Informational Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 29, 2024 To: The Solid Waste Disposal District Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Jill H. Brown, Recycling Specialist, SWDD Sue Flak, Recycling Education and Marketing Coordinator, SWDD ........ ... Subject: SWDD Closures and Collection Service Changes for the 4th of July Holiday Recommendation: In observance of the 4th of July Holiday, the Main County Landfill and the five Customer Convenience Centers will be closed on Thursday, July 4, 2024. In addition, there will be no residential curbside services for recycling, garbage, or yard waste on that day. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Indian River County website at: www.indianriver.gov for more information. Attachments: 4th of July OV Garbage and Recycling Service Schedule'' w. 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H (6 Qj v aj u s e v u a v j Q Q� C�iO T > o " ro > v m > o 41 N �- nJ O to O `^ ti mO ~ LL +a N m L N 0 L- > LL LLQ L >0 • L O 4- 0 4- 0 4-- 0 .N ,� 'E U C> 4-J F— � V C Consent Agenda Indian River County q �� Interoffice Memorandum O Office of Management & Budget To: Members of the Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator From: Kristin Daniels Director, Office of Management & Budget Date: May 30, 2024 Subject: Miscellaneous Budget Amendment 05 Description and Conditions: 1. Schlitt Insurance Services, Inc. has generously donated $1,000 for discretionary funds to be used for refreshments during the Children's Service Advisory main committee and subcommittee meetings. Exhibit "A" appropriates the funds. 2. On October 3, 2023, the Board of County Commissioners approved acceptance of the Florida Blue Foundation Wellness grant. Exhibit "A" appropriates the $200,000 grant revenue and expenses. 3. On April 9, 2024, the Bord of County Commissioners accepted a $750 donation from United Way to fund an additional login for the Westlaw legal research platform. Exhibit "A" appropriates the donation to the Law Library Subscription account. 4. On April 9, 2024, the Board of County Commissioners approved moving forward with outside counsel in the filing of foreclosures of 5 code enforcement cases. Exhibit "A" appropriates $35,000 from MSTU/Reserve for Contingency. 5. The Parks Department needs to complete a boat ramp siting assessment based on feedback from the community and the City of Vero Beach. Exhibit "A" appropriates $29,980 from General Fund/Reserve for Contingency. 6. On March 5, 2024, the Board of County Commissioners approved the settlement of the 22 Beach Front Customary Use Litigation. Exhibit "A" appropriates $33,276 from General Fund/Reserve for Continency. 7. The County Attorney's Office has received a $3,500 grant from the Florida Bar Association for an intern. Exhibit "A" appropriates the revenue and expenses. 7 Member of the Board of County Commissioners May 30, 2024 Page 2 of 2 8. On March 19, 2024, the Board of County Commissioners approved the Public Transportation Grant Agreement in the amount of $1,200,000. Exhibit "A" appropriates the revenue and expense. 9. On May 21, 2024, the Board of County Commissioners approved the Public Transportation Grant Agreement for a Section 5311 Grant in the amount of $180,000. Exhibit "A" appropriates the revenue and expense. 10. An adjustment must be made to reduce Children's Services budgeted health insurance expense to reimburse General Fund/Reserve for Contingency for the General Wage increase which inadvertently exceeded the Children's Services administrative expense threshold. Exhibit "A" appropriates the adjustment for $6,743. Staff Recommendation Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2023-24 budget. RESOLUTION NO. 2024- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2023-2024 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2023-2024 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2023-2024 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2023-2024 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by , 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 Earman Commissioner Deryl Loar Commissioner Laura Moss Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2024. Attest: Ryan L. Butler Clerk of Court and Comptroller Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners BY APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 9 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 05 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Revenue General Fund/Donations-Misc Children's 001038-366096 $1,000 $0 Services 1. Expense General Fund/Donations-Misc Children's 00112869-035296 $1,000 $0 Services Revenue MSTU/FL Blue Foundation Grant 004033-337700-21801 $200,000 $0 MSTU/Recreation/Part Time Employees/FL 00410872-011130-21801 $10,000 $0 Blue Foundation MSTU/Recreation/Social Security/FL Blue 00410872-012110-21801 $620 $0 Foundation 2 MSTU/Recreation/Retirement/FL Blue 00410872-012120-21801 $1,357 $0 Expense Foundation MSTU/Recreation/Medicare/FL Blue 00410872-012170-21801 $145 $0 Foundation MSTU/Recreation/Other Operating 00410872-035290-21801 $182,878 $9 Supplies/FL Blue Foundation .. Gn n1/CI Blue Foundation i Q� �% $7W 3. $759 $9 $36,000 $9 4. Expense 0041998i 099910 $() $36-999 00121072 933400 c-,� $() Sewmees 5. Expense $33,276 $9 SeMeesiBeaehfFent Lawsuit 6. Expense General Fund/Reserve for Contingency 00119981-099910 $0 $33,276 Revenue General Fund/Misc./Florida Bar Intern Grant 001038-366044 $3,500 $0 General Fund/County Attorney/Budgeted 00110214-011190 $3,250 $0 Temp Position 7. General Fund/County Attorney/Social Security 00110214-012110 $201 $0 Expense General Fund/County Attorney/Worker's 00110214-012140 $2 $0 Comp General Fund/County Attorney/Medicare 00110214-012170 $47 $0 1 of 2 10 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 05 Entry Type Fund/ Department/Account Name Account Number Increase Decrease Revenue General Fund/FDOT Service Development 001033-334420 $1,200,000 $0 Grant 8. Expense General Fund/Community Transportation 00111041-088230-54001 $1,200,000 $0 Coordinator/SRA Revenue General Fund/Section 5311 Grant -SRA 001033-331423 $180,000 $0 9. Expense General Fund/Community Transportation 00111041-088230-54001 $180,000 $0 Coordinator/SRA General Fund/Children's Services/Insurance 00112869-012130 $0 $6,743 10. Expense General Fund/Reserve for Contingency 00119981-099910 $6,743 $0 2of2 11 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: May 31, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Approval of Final Ranking and Award of RFQ 2024035 Derelict Vessel Removal BACKGROUND: On behalf of the Department of Natural Resources, the Purchasing Division issued a request for qualifications (RFQ) to identify qualified contractors for derelict vessel removal services on an as - needed basis. Services may include but are not limited to the following: 1) the removal and disposal of derelict vessels which may include sunken and partially sunken vessels; 2) the identification of pollutants on vessels and proper disposal in accordance with all applicable local, state, and federal regulations; 3) the removal of vessel debris impeding navigation and affecting the safety of public waters. All work will be in accordance with the Florida Department of Environmental Protection's (FDEP) Best Management Practices. DISCUSSION: A selection committee comprised of Eric Charest, Assistant Natural Resources Director, Melissa Meisenburg, Senior Lagoon Environmental Specialist, and Quintin Bergman, Coastal Resources Manager, independently reviewed, scored, and ranked each Statement of Qualifications, in compliance with the instructions and criteria established in the RFQ. The committee subsequently met to compile an initial ranking, and determined interviews were not necessary. After discussions, the committee developed a final ranking of Contractors: 1. Outlaw Maritime, LLC 2. Summerlins Marine Construction, LLC 3. Underwater Engineering Services, Inc 4. Absolute Boat Towing & Salvage, Inc 5. A -C -T Environmental & Infrastructure, Inc 6. In -Depth, Inc 7. Isla Maritime 8. Bay & Key Environmental, LLC 9. Southern Disaster Recovery, LLC The Committee wishes to award to the four Contractors ranked the highest. When choosing a Contractor for a vessel removal, Staff will take into consideration the scope of services, work schedule and fee proposal provided by the Contractor. 12 FUNDING: Funding for this task is budgeted for in the Florida Boating Improvement Program/IR Lagoon/Other Contractual Service, Account #13328337 -033490 - RECOMMENDATION: Staff recommends the Board approve the final ranking of Contractors, award RFQ 2024035 to Outlaw Maritime, LLC, Summerlins Marine Construction, LLC, Underwater Engineering Services, Inc, and Absolute Boat Towing & Salvage, Inc, approve the sample agreement, and authorize the Chairman to sign the agreements after review and approval by the County Attorney as to form and legal sufficiency, and after receipt and approval of the required insurance by the Risk Manager. ATTACHMENT: Sample Agreement 13 RFQ 2024035 Derelict Vessel Removal 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 cov"ants 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: Provide all labor, materials, equipment, and supervision in accordance with the Florida Department of Environmental Protection's (FDEP) Best Management Practices for derelict vessel removal from public waters on an as needed basis. 1. Notify the Natural Resources Department and the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement regarding removal activity at least 48 hours prior to the removal. Natural Resources, Melissa Meisenburg (772) 226-1651, mmeisenburg@indianriver.gov; FWC Law Enforcement, Officer Richard Marroquin (321)616-628, Richrd.Marroquin@myfwc.com. The Contractor shall confirm with the Derelict Vessel Coordinator the plan of action addressing the methods of removal and any potential concerns. 2. The Derelict Vessel Coordinator from the Natural Resources Department shall be present during all removal activities. Absolutely no removal activities shall commence or continue without the representative present unless prior approval has been obtained. Failure to comply will void the contract. 3. The Contractor is responsible for determining if the vessel contains any pollutants. If present, the vendor shall remove and properly dispose of the pollutants in accordance with applicable local, state and federal laws. 4. During removal the Contractor shall not disturb, trim, or remove any mangrove vegetation. Control devices to prevent turbidity and harmful substances from discharging into the adjacent waters during vessel removal will be installed prior to removal. All work shall avoid impacts to wetlands, mangroves, seagrasses, and other critical habitats. A manatee observer shall be present for all in - water work and a 'Caution Manatee Area' sign shall be placed on the working vessel. 5. No in -water work shall occur at night. ARTICLE 2 — TERM The term of this agreement is five (5) years with two (2) additional one (1) year renewals. ARTICLE 3 - COMPENSATION 14 RFQ 2024035 Derelict Vessel Removal The COUNTY shall pay to the CONTRACTOR a mutually agreed upon maximum amount not -to -exceed professional fee for each completed task, on a deliverable basis. Invoices shall be submitted to the County Project Manager, in detail sufficient for proper payment. Upon submittal of a proper invoice the County Project Manager will determine if the tasks have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Florida Prompt Payment Act, as may be amended from time to tinie (Section 218.70, Florida Statutes, et seq.). No additional payment will be due to the CONTRACTOR for administrative copies, printing, per diem, meals and lodgings, taxi fares and miscellaneous travel -connected expenses for CONTRACTOR's personnel. ARTICLE 4 - INDEMNIFICATION 4.01 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 5 - CONTRACTOR'S REPRESENTATIONS 5.01 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 Request for Qualifications documents. CONTRACTOR is familiar with and is satisfied as to the vessel and site conditions that may affect cost, progress, and performance of the Work. This includes the location and length of each vessel. 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 to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 15 RFQ 2024035 Derelict Vessel Removal F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. K. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. ARTICLE 6 - CONTRACT DOCUMENTS 6.01 Contents A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; (4) Request for Qualifications 2024035; (5) Addenda (numbers 1 to 1 , inclusive); (6) Qualifications Questionnaire; (7) Drug Free Workplace Form; (8) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (10) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (11) Certification Regarding Lobbying; (12) 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). 16 RFQ 2024035 Derelict Vessel Removal ARTICLE 7 - MISCELLANEOUS 7.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 7.02 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. 7.03 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. 7.04 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. 7.05 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. 7.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable 17 RFQ 2024035 Derelict Vessel Removal time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 Publicrecords@indianriver.aov Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 B. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 8 — INSURANCE 8.01 The Contractor shall provide, prior to execution of the contract, the insurance required under this section for approval by the County. Firm's insurance shall be primary. The County shall be named as an additional insured for both General Liability and Automobile Liability. The awarded firm shall maintain the following limits of insurance during the term duration of this agreement. Marine Liability — Protection & Indemnity to include, Each Occurrence $1,000,000 General Aggregate $1,000,000 Salvage, Wreck Removal & Towing Divers Liability (if applicable) Pollution Automobile Liability— Combined Single Limit $500,000 18 RFQ 2024035 Derelict Vessel Removal Worker's Compensation as required by the State of Florida Each accident $100,000 Maintenance & Cure ARTICLE 9 — FEDERAL CLAUSES 9.01 OWNER and CONTRACTOR will adhere to the following, as applicable to this work: A. Equal Employment Opportunity. During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government 19 RFQ 2024035 Derelict Vessel Removal contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. B. Suspension and Debarment (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). 20 RFQ 2024035 Derelict Vessel Removal (2) The contractor must comply with 2C:F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by OWNER. If itis later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to OWNER, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt.:180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. C. Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended) Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C..§ 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency. D. Procurement of Recycled/Recovered Materials: (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. (3) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. E. Prohibition on Contracting for Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: RFQ 2024035 Derelict Vessel Removal (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1) This clause does not prohibit contractors from providing— (i) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (ii) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d) Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts and other contractual instruments. F. Domestic Preference for Procurements As appropriate, and to the extent consistent with law, the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials 22 RFQ 2024035 Derelict Vessel Removal produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non- ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. G. Access to Records: The following access to records requirements apply to this contract: (1) The contractor agrees to provide OWNER, the State of Florida, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the OWNER and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. H. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. The contractor shall include this provision in any subcontracts. I. Compliance with Federal Law, Regulations, and Executive Orders: This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply will all applicable Federal law, regulations, executive orders, and FEMA policies, procedures, and directives. J. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. K. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to its actions pertaining to the contract. L. Affirmative Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Article 10: TERMINATION OF CONTRACT 23 RFQ 2024035 Derelict Vessel Removal A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 24 RFQ 2024035 Derelict Vessel Removal 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: 11►101/_1104INDl:111.1141011104IVA 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: Melissa Meisenburg Title: Senior Environmental Specialist Address: 180127th St, Vero Beach, FL 32960 Phone: 772-226-1651 Email: mmeisenburg@indianriver.gov CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 25 8, C. INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 4, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Award of Bid 2024045 for Trans Florida Rail Trail Boardwalk Repairs BACKGROUND: On behalf of the Parks, Recreation and Conservation Department, sealed bids were solicited for the repair of three boardwalks located on the Trans Florida Rail Trail. ANALYSIS• Advertising Date: Bid Opening Date: Solicitation Broadcast to: Bid Documents Requested by: Replies: April 10, 2024 May 10, 2024 996 Subscribers 4o Firms 5 Firms Contractor Location Base Bid Base Bid with Alternates Southeastern Marine Group, Inc. Vero Beach $ 9,588.00 $6 ,000.00 Island Harbor Custom Builders Sebastian $50,800.00 $102,000.00 GRSC, Inc. Stuart $149,740-00 $188,775.00 Close Construction Services, LLC Okeechobee $15 ,180.00 $18o,880.00 Underwater Engineering Services, Inc. Fort Pierce $171,762.00 $1 0,26 .00 The bids were reviewed, and the Department has determined Southeastern Marine Group, Inc., to be the lowest, responsive, responsible bidder, and has recommended award to them. FUNDING• This work will be funded using the Optional Sales Tax Fund/ Parks/ Construction in Progress/ FL Rail Trail Boardwalk account, number 31521072-o66510-23028 in the amount of $65,000.00. 26 RECOMMENDATION: Staff recommends the Board award Bid 2024045 to Southeastern Marine Services Group, Inc., approve the agreement, and authorize the Chairman to sign the agreement after receipt and approval of the agreement by the County Attorney as to form and legal sufficiency, after the Contractor has provided proof of registration in the Department of Homeland Security's E -Verify Database, and after receipt and approval of the required insurance by the Risk Manager. ATTACHMENT Agreement 27 2024045 Trans Florida Rail Trail Boardwalk Repairs 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 Southeastern Marine Group, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1— WORK AND PROJECT CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Furnishing all the necessary equipment, materials and labor for the repair of three boardwalks located on the Trans Florida Rail Trail. 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: Trans Florida Rail Trail Boardwalk Repairs Bid Number: 2024045 Project Address: Trans Florida Rail Trial ARTICLE 2 - CONTRACT TIMES 2.01 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. 2.02 Days to Achieve Substantial Completion, Final Completion and Final Payment The Work will be completed and ready for final payment on or before the 60th day after the date when the Contract Times commence to run. 2.03 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 2.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $882.00 for each calendar day that expires after the time specified in paragraph 2.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 28 2024045 Trans Florida Rail Trail Boardwalk Repairs ARTICLE 3 - CONTRACT PRICE 3.01 OWNER shall pay CONTRACTOR for completion of the Work an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 3.01.A and summarized in paragraph 3.01.13, 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: $ 65,000.00 Written Amount: Sixty-five thousand dollars and zero cents. ARTICLE 4 - PAYMENT PROCEDURES 4.01 Method of Payment Owner shall make only one payment for the entire amount of the contract when the work has been completed. Upon a determination of satisfactory completion, the COUNTY Project Manager will authorize payment to be made. All payments for services shall be made to the CONTRACTOR by the COUNTY in accordance with the Local Government Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 4.02 Acceptance of Final Payment as Release The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement, the Invitation to Bid or the Public Construction Bond. ARTICLE 5 - INDEMNIFICATION 5.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Invitation to Bid documents. 29 2024045 Trans Florida Rail Trail Boardwalk Repairs 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. 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 Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto. E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. F. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. G. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. H. CONTRACTOR has given OWNER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by OWNER is acceptable to CONTRACTOR. I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. J. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e- verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. K. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 Contents 30 2024045 Trans Florida Rail Trail Boardwalk Repairs A. The Contract Documents consist of the following: (1) This Agreement; (2) Notice to Proceed; (3) Certificate(s) of Liability Insurance; (4) Invitation to Bid 2024045; (5) Addenda (numbers 1 to 1 , inclusive); (6) CONTRACTOR'S Bid Form; (7) Bid Bond; (8) Qualifications Questionnaire; (9) Drug Free Workplace Form; (10) Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships; (11) Certification Regarding Prohibition Against Contracting with Scrutinized Companies; (12) Certification Regarding Lobbying; (13) Warranty Information Form; (14) The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s). ARTICLE 8 - MISCELLANEOUS 8.01 Terms A. Terms used in this Agreement will have the meanings indicated in the Invitation to Bid. 8.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 8.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such 31 2024045 Trans Florida Rail Trail Boardwalk Repairs stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 8.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 180127th Street Vero Beach, FL 32960 32 2024045 Trans Florida Rail Trail Boardwalk Repairs C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. ARTICLE 9 — TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (10) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION 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. 33 2024045 Trans Florida Rail Trail Boardwalk Repairs F. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to s. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority- owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 34 2024045 Trans Florida Rail Trail Boardwalk Repairs 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: By: Attest (Contractor) (CORPORATE SEAL) By: William K. DeBraal, Assistant County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: Brad Dewson Title: Parks Superintendent Address: 5500 77`h Street Vero Beach, FL 32967 Phone 772-226-1883 Email bdewson@indianriver.gov 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.) 35 2024045 Trans Florida Rail Trail Boardwalk Repairs Exhibit 1 to the Agreement — Pricing 36 Addendum 12024045 Trans Florida Rail Trail Boardwalk Repairs Bid Form Project Name: Trans Florida Rail Trail Boardwalk Repairs Bid #: 2024045 Bid Opening Date and Time: May 10, 2024 2:00 P.M. Bid Opening Location: Purchasing Division 180027 th Street Vero Beach, FL 32960 The following addenda are hereby acknowledged: AddendulnNumber Date ovhZ iGAF In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the fol Item — Standard Decking Total Price Boardwalk #1 repairs $ Boardwalk#2 repairs $ Boardwalk #3 repairs $ Permits Siderail replacement (if needed) Quantity Unit Price $ 160 .75' /LFCU Total _ $ 3 Alternative N Slip Total Price Boardwalk #1 repairs $ Boardwalk #2 repairs w Boardwalk #3 repairs $ r �- S -Do. Total Project completion time after receipt of "Notice to Proceed" or PO. Y Page 13 of 36 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Kirstin Leiendecker, P.E., Acting Public Works Director Jennifer Hyde, Purchasing Manager FROM: Danny Ooley, Road & Bridge Superintendent SUBJECT: Award of Bid 2024042 —Annual Bid for Sod DATE: June 6, 2024 DESCRIPTION AND CONDITIONS On behalf of the Road and Bridge Division, annual bids were requested for contractors to provide fixed, firm prices for the supply and/or installation of sod. The most recent agreement for this work expired on April 18, 2024, and the previous vendor declined to renew for another one-year period. The new term of award will be one year, with the option of two one-year extensions, subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. BID RFSULTS- Advertising Date: March 13, 2024 Bid Opening Date: April 9, 2024 Demandstar Broadcast to: 402 Subscribers Bid Documents Obtained by: 12 Vendors Replies: 2 Contractors The bid documents noted that the County reserves the right to award the work in a mannerthat is in its best interest. Therefore, the department reviewed the bids and proposed distribution of the work amongst both submitting contractors, with Nature's Keeper to be awarded all four items of work bid, and Fuller's Lawn Care and Pressure Washing to be awarded only items 3 and 4, due to the disparity between the unit price bid and the extended quantity for items 1 and 2. The total quantities and pricing for each of the sections, as bid, are shown in the tables below. Nature's Keeper, Inc. Description Unit Price Estimated Quantity Estimated Annual Total Bahia Sod Delivered $0.25 2,700 SF $675.00 St. Augustine Floratam Delivered $0.49 2,700 SF $1,323.00 Bahia Sod Delivered and Installed $0.34 200,000 SF $68,000.00 St. Augustine Floratam Delivered and Installed $0.58 60,000 SF $34,800.00 Total $104,798.00 38 Award of Bid 2024042 — Annual Bid for Sod For June 18, 2024 Meeting Fullers Lawn Care & Pressure Washing, Inc. Description Unit Price Estimated Quantity Estimated Annual Total Bahia Sod Delivered $50 2,700 SF $135,000** St. Augustine Floratam Delivered $50 2,700 SF $135,000** Bahia Sod Delivered and Installed $0.35 200,000 SF $70,000.00 St. Augustine Floratam Delivered and Installed $0.48 60,000 SF $28,800.00 Total $368,800 ** denotes mathematical errors corrected in extension of price, items not proposed for award Estimated expenditures for the five months of services for the remainder of FY24 are in the Transportation Fund/ Roads and Bridges/ Sod Contracts Account, number 11121441-034683. Account Description Account Number Available Balance Transportation Fund/ Roads and 11121441-034683 $49,815 Bridges/ Sod RECOMMENDATION Staff recommends the bid 2024042 be awarded to Natures Keeper, Inc. as primary contractor and Fullers Lawn Care & Pressure Washing, Inc, as secondary contractor and authorize the Purchasing Division to issue blanket purchase orders with the selected contractors. Staff also recommends the Board authorize the Purchasing Manager to renew this bid at the same rates for two (2) additional one (1) year periods subject to satisfactory performance, vendor acceptance, and the determination that renewal of this annual bid is in the best interest of Indian River County. APPROVED AGENDA ITEM FOR JUNE 18. 2024 C:\G=icus\Legistar5\L5\Temp\f2e98a85-59e8-49c3-827e-c4e0c8577fticdoc �' 8.E INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 7, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director David Johnson, Director of Emergency Services FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Waiver of Bid Requirement for 911 Cybersecurity Services BACKGROUND: On January 24, 2024, the Florida Emergency Communications Board approved a special disbursement of $50,000 to Indian River County Emergency Services from the interest earned in the Emergency Communications Trust Fund account. The funds are to be used for enhancing cybersecurity at Florida 911 primary and secondary Public Safety Answering Points (PSAPs). The 911 Coordinator has identified a vendor that can provide the necessary services, partially under a federal cooperative contract, and in concert with the Board -approved 911 system maintenance provider, AK Associates, Inc. Specific information relating to computer software and systems is exempt from public disclosure, under the State Cybersecurity Act, as described in section 282.318, Florida Statute. DISCUSSION: The cumulative value of the work anticipated, not included in the federal cooperative agreement, exceeds both the $35,000 bid threshold, and the County Administrator's $75,000 approval authority. Therefore, a waiver of the requirement for bids by the Board is necessary to authorize the work. Additionally, due to the nature of the services, the service provider is requiring execution of an agreement. The quote and agreement are available for the Board's review in the Purchasing Division. 40 FUNDING• Funding for the services, in the amount of $48,650.58, will come from the 911 Surcharge Fund/Communications Center/PSAP Cybersecurity account, number 12013325-035275• Account Number Description Amount 12013325-035275 911 Surcharge/ Communications enter/PSAP Cybersecurity $48,650.58 RECOMMENDATION: Staff recommends the Board waive the requirement for bids, and authorize the Chairman to execute the agreement, after review and approval by the County Attorney as to form and legal sufficiency. 41 CONSENT: June 18, 2024 Oce 0f 8I INDIAN William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Susan J. Prado - Deputy County Attorney DATE: May 30, 2024 ATTORNEY SUBJECT: Resolution Cancelling Taxes on Property Acquired By County From Diackamann Cavalier; TWR AS CST For Ebury Fund 2FL, LLC A Resolution has been prepared for the purpose of earmarking the property for affordable housing and cancelling any delinquent, omitted or current taxes which may exist on the following property acquired by Indian River County: Purpose: Affordable Housing Location/Description: 4230 20th Avenue, 32967; 32392600006000000005.0 Acquired from: Diackamann Cavalier; TWR AS CST For Ebury Fund 2FL, LLC Instrument: Certificate of Title — O.R. 3692, PG 1421 FUNDING: There is no cost associated with this item. RECOMMENDATION: Authorize the Chairman of the Board of County Commissioners to execute the Resolution to cancel certain taxes upon the property acquired by Indian River County for affordable housing, and the Clerk to send a certified copy of the Resolution to the Tax Collector and the Property Appraiser so that any delinquent or current taxes can be cancelled. /cm Attachments: Resolution Certificate of Title cc: Carole Jean Jordan - Tax Collector Wesley Davis - Property Appraiser 1 42 purchased from: Diackamann Cavalier and TWR AS CST For Ebury Fund 2FL, LLC public purpose: Affordable Housing [part ofl tax parcel 32392600006000000005.0 RESOLUTION NO. 2024- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, CANCELLING CERTAIN TAXES, PURSUANT TO SECTION 196.29, FLORIDA STATUTES. WHEREAS, section 196.29, Florida Statutes, allows the Board of County Commissioners of each County to cancel and discharge any and all for taxes for property acquired by a political subdivision, and the remainder of such taxes for such year; and WHEREAS, such cancellation must be by resolution of the Board of County Commissioners, duly adopted and entered upon its minutes properly describing such lands and setting forth the use to which the same are or will be devoted; and WHEREAS, upon receipt of a certified copy of such resolution, proper officials of the county and of the state are authorized, empowered, and directed to make proper entries upon the records to accomplish such cancellation and to do all things necessary to carry out the provisions of section 196.29, F.S.; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that any and all liens for taxes delinquent or current against the following described lands which were acquired by Indian River County from Diackamann Cavalier; TWR AS CST For Ebury, Fund 2FL, LLC for affordable housing are hereby cancelled pursuant to the authority of section 196.29, F.S. See Certificate of Title describing lands, recorded in O.R. Book 3692, Page 1421 of the Public Records of Indian River County, Florida. 43 The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Commissioner Susan Adams Commissioner 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. INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ATTEST: Ryan L. Butler, Clerk of Courts And Comptroller al 57 Deputy Clerk Tax Certificates Outstanding_ X Yes No Current Prorated Tax Received and Deposited with Tax Collector $0.00 Approved as to form and legal s:N- giusaR-0 By Pr o, bep< County Attorney Susan Adams, Chairman 44 3120240019147 RECORDED IN THE RECORDS OF RYAN L. BUTLER, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3692 PG: 1421,4/24/2024 8:58 AM D DOCTAX PD $105.70 !% 1 r ,.10 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA. INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, Plaintiff, V. DIACKAMANN CAVALIER; TWR AS CST FOR EBURY FUND 2FL, LLC.; UNKNOWN OCCUPANT NO. 1; and UNKNOWN OCCUPANT NO. 2, Defendants. CASE NO. 31 -2022 -CA -000905 CERTIFICATE OF TITLE I, Ryan L. Butler, Clerk of the above entitled Court, hereby certify that, I executed and filed a Certificate of Sale on April 10, 2024, for the property in this action herein described and that no objections to such sale have been filed herein within the time allowed for filing objections. J The following property in Indian River County, Florida: -J Lots 5 & 6, Pinson Subdivision, according to the plat thereof, as recorded in Plat Book 2, Page 94, of the Public Records of Indian River County, Florida. Address: 4230 201s Avenue, Vero Beach, FL 32967 was sold to: Indian River County, Florida whose address is 1565 US Highway 1, Sebastian FL 32958. WITNESS my hand and the official seal of this Court, this @-1 day of 12024. yc.c1 �-- a'Liter r'0 PrR Clerk of Circuit Court �� NOUN rr °<< uw SEAL Deputy erk bP O� i 7y FJnanc° Conies furnished to: '91 roc D. Johnathan Rhodeback, Esq., DILL, EVANS & RHODEBACK, attorneys .dillevans.com Diackamann Cavalier, 10124 Boynton Place Circle, Boynton Beach, FL 33437, Registered Agents Inc. c/o TWR as CST For Ebury Fund 2FL, LLC., 7901 4* Street North, Suite 300, St. Petersburg, FL 33702 91 CONSENT DA • Meeting 06-18-2024 INDIAN RIVER COUNTY, FLORIDA $ ► v AGENDA ITEM Parks, Recreation & Conservation Department Conservation Lands Division Date: June 3, 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: Approval of the First Amendment to the Lease Agreement between Florida Inland Navigation District and Indian River County for the Recreational Use of Lands within the Dredged Material Management Area IR -14 BACKGROUND: On January 21, 2010, the Florida Inland Navigation District (FIND) and Indian River County (County) entered into a Lease Agreement which allowed for passive recreation within a portion of FIND's Dredged Material Management Areas IR -14B located east of Indian River Boulevard and west of the Lagoon between 8'h and 120' Street. The purpose of the Lease Agreement is to allow for the County to manage a trail through IR -14B for use by the public. It is acknowledged in the 2010 Lease Agreement that the County had the option to enter into a separate agreement with the Indian River Land Trust (IRLT) to develop and manage the recreation areas (trails) within the Leased potion of IR -14B. The term of the Lease Agreement is 30 years, with one (1) option to renew for a twenty-five (25) year extension. A copy of the 2010 Lease Agreement is included as an attachment to this agenda item. DESCRIPTION AND CONDITIONS: Based on discussions with the County and the IRLT, FIND has provided an amendment to the original lease agreement expanding the trail network within IR -14. A copy of the First Amendment to Lease Agreement is included as an attachment to this agenda item. The property being added to this lease is depicted on Exhibit A, attached to this Amendment, and included by reference herein. FUNDING: No funding is required for the Approval of the First Amendment to the Lease Agreement between Florida Inland Navigation District and Indian River County for the recreational use of lands within the Dredged Material Management Area IR -14. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the First Amendment to the Lease Agreement between Florida Inland Navigation District and Indian River County for the 46 Recreational Use of Lands within the Dredged Material Management Area IR -14 and authorize the Chairman to execute the First Amendment to the Agreement after review and approval by the County Attorney. ATTACHMENTS: • January 21, 2010, Lease Agreement between FIND and Indian River County for IR -14B. • First Amendment to the Lease Agreement between FIND and Indian River County for IR -14 • Exhibit A: Map of Expanded Trail per the First Amendment to the Lease Agreement between FIND and Indian River County for IR -14 APPROVED AGENDA ITEM FOR JUNE 18.2024 47 2045980 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2398 PG: 1616, 02/09/2010 10:50 AM Prepared by: David K. Roach Florida Inland Navigation District 1314 Marcinski Road Jupiter, FL 33477 561 -627-3386 FLORIDA INLAND NAVIGATION DISTRICT Return to: AND COUNTY ATTORNEY'S OFFICE INDIAN RIVER COUNTY 18012TthStreet INDIAN RIVER COUNTY Vore ApAwhi Florida 12960 LEASE AGREEMENT This LEASE AGREEMENT ("LEASE") is made and entered into this 2 Ise day 0 of A v a t:s 2Q9, between "the Parties", the Florida Inland Navigation DISTRICT, an independent special district existing under the laws of the State of Florida (the "DISTRICT), and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, (the "COUNTY"). WITNESSETH: WHEREAS, DISTRICT is the owner in fee simple of a parcel of land in Indian River County, Florida, designated as Dredged Material Management Area IR -14B which will be used by DISTRICT and the United States for the improvement and maintenance of the Intracoastal Waterway from Jacksonville to Miami, Florida, and the DISTRICT holds title subject to a future easement that will be granted by it to the United States of America for such use; and WHEREAS, the DISTRICT and the COUNTY desire to provide benefits to the citizens of the COUNTY and others by providing passive recreational opportunities; and WHEREAS, COUNTY desires to lease from DISTRICT a portion of Dredged Material Management Area IR -1413, a description of which is attached hereto as Exhibit."A" and made a part hereof, for passive recreation purposes subject to said rights of DISTRICT and the future rights and easement of the United States of America and to the terms and conditions of this LEASE; and WHEREAS, DISTRICT desires to collaborate with the COUNTY in the proper use and BK: 2398 PG: 1617 management of DISTRICT's property; and WHEREAS, DISTRICT is of the opinion that such use by the COUNTY pursuant to the provisions of this LEASE is in the public interest; and WHEREAS, DISTRICT is agreeable that this LEASE should be executed for a limited term at a nominal rental subject to the terms and conditions stated herein. NOW THEREFORE, in consideration of the promises and mutual covenants and agreements contained herein, the receipt and sufficiency of which is hereby acknowledged, it is agreed by the parties hereto: 1. RECITALS: The recitals contained herein above are true and correct and incorporated herein by reference. 2. LEASE: DISTRICT hereby leases to the COUNTY the property hereinafter known as the "Leased Premises" as described in paragraph 4 below, subject to the terms and conditions set forth herein. 3. PROJECT MANAGEMENT: The Project Manager for the DISTRICT is its Executive Director and all correspondence and communications from the COUNTY shall be directed to him/her. The Project Manager shall be responsible for overall coordination and oversight on behalf of DISTRICT related to the performance of this lease. 4. DESCRIPTION OF THE PREMISES: The Leased Premises is situated in Indian River County, State of Florida, as described in Exhibit "A", attached hereto and made a part of this LEASE. In general the Leased Premises is a strip of land consisting only of an existing dike system around a wetland mangrove area on District property known as IR -14B. 5. EXISTING CONDITIONS: The COUNTY agrees to accept the Leased Premises in "as is" condition subject to any existing easements and deed restrictions that may be placed on the Leased Premises by the DISTRICT or others with DISTRICT approval. 49 BK: 2398 PG: 1618 6. TERM: The term of this LEASE shall be for an initial thirty (30) year period with one (1) option to renew for a twenty-five (25) year extension. Rent shall be one (1) dollar per year and shall be paid in advance. Prepayment of the rent shall not affect in any way the DISTRICT's rights under paragraph 24 below. The initial period shall commence on the date of execution, and continue for a period of thirty (30) years. A second term of twenty-five (25) years shall automatically commence absent written notice of termination by the DISTRICT or the COUNTY at least ninety (90) days prior to the end of the initial term. 7. PURPOSE: COUNTY shall manage the Leased Premises solely to provide a pathway or trail for passive public outdoor recreation. 8. QUIET ENJOYMENT AND RIGHT OF USE: COUNTY shall have the right of ingress and egress to, from, and upon the Leased Premises for all purposes consistent with paragraph 7 above that do not conflict with the DISTRICT's and the United States of America's Dredge Material Management Program. 9. UNAUTHORIZED USE: COUNTY shall, through its agents and employees, make every reasonable effort to prevent the unauthorized use of the Leased Premises or any use thereof not in conformance with this LEASE. 10. ASSIGNMENT: This LEASE shall not be assigned, except as noted in Paragraph 13, in whole or in part without the prior written consent of DISTRICT. Any assignment made either in whole or in part without the prior written consent of DISTRICT shall be void and without legal effect. 11. PLANS: The terms of this LEASE shall guide the passive recreational use and the associated management of the Leased Premises in accordance with the schedule and methodology stipulated below. A. DEVELOPMENT PLAN: The COUNTY will develop a passive recreational 3 50 BK: 2398 PG: 1619 pathway or trail plan for the Leased Premises. This plan will be reviewed and approved by the DISTRICT prior to the solicitation for contractors for the preparation of the COUNTY passive recreational pathway or trail for passive public recreational use. B. COUNTY PLAN FOR PASSIVE RECREATIONAL PATHWAY OR TRAIL: COUNTY shall develop and implement, subject to approval by the DISTRICT, an Operational Management Plan (OMP) for the property. The OMP shall provide general background data on the property, contain information on the properties resources, set forth general and specific management goals, objectives and guidelines and outline the specific procedures, funding requirements, staffing levels and management practices necessary for their accomplishment. The OMP shall be submitted by the COUNTY to the DISTRICT at the same time as the development plan is submitted. The OMP shall be submitted for approval to the DISTRICT'S Board of Commissioners. In the event the parties are not able to come to agreement on the OMP within one hundred eighty (180) days of submittal, this shall be sufficient cause for either party to terminate the LEASE pursuant to Paragraph 26 below. The Leased Premises shall not be developed or physically altered in any way without the prior written approval of DISTRICT until the OMP is approved. The COUNTY shall not proceed with development of said Leased Premises until the OMP repand herein has been submitted and approved by DISTRICT'S Board. After the COUNTY pathway has been constructed, the COUNTY and the DISTRICT will meet at least once annually to review and discuss the management activities authorized by this OMP and to agree to any changes in the OMP and/or additional rules and regulations governing public use of the lands covered by the OMP 4 51 BK: 2398 PG: 1620 that may be deemed appropriate. The COUNTY shall prepare and submit for discussion at the annual meeting ayearly summary report to include: 1. COUNTY'S management program and activities on the property. 2. Status of visitor use. 3. Review of special problems and concerns encountered over the previous year. The approved OMP shall provide the basic guidance for all management activities and shall be reviewed jointly by DISTRICT and COUNTY during the annual meeting and updated as necessary. The COUNTY shall not use or alter the Leased Premises except as provided for in the approved OMP without the prior written approval of DISTRICT. C. DISTRICT SITE MANAGEMENT PLAN: The DISTRICT and the U.S. Army Corps of Engineers will utilize and operate the site during Intracoastal waterway dredging operations in accordance with Exhibit "B" which may be amended from time to time without prior notice to COUNTY. 12. EASEMENTS: This LEASE is for the purposes specified herein, and easements of any nature are prohibited without the prior written approval of DISTRICT. Any easement not approved in writing by DISTRICT shall be void and without legal effect. 13. SUBLEASES: This LEASE is solely for the purposes specked herein, and subleases of any nature are prohibited without the prior written approval of DISTRICT. Any sublease not approved in writing by DISTRICT shall be void and without legal effect. However, the DISTRICT acknowledges that the COUNTY intends to enter into an agreement with the 5 52 BK: 2398 PG: 1621 Indian River Land Trust to develop and manage the Leased Premises. This sub -lease and any other approved sub -leases shall contain this LEASE as an attachment and the sub -lease shall require that the sub -lessee abide by all conditions of this LEASE. 14. RIGHT OF INSPECTION: DISTRICT or its duly authorized agents, representatives or employees shall have the right at any and all times to inspect the Leased Premises and the works and operations of COUNTY in any matter pertaining to this LEASE. 15. PLACEMENT AND REMOVAL OF IMPROVEMENTS: All structures, improvements, and signs, if any, associated with the Leased Premises shall be constructed at the expense of COUNTY and/or DISTRICT in accordance with the park development plan and the OMP approved by the DISTRICT. Further, no trees, other than non-native species, shall be removed or major land alterations done without the prior written approval of DISTRICT. No permanent equipment or non -removable improvements shall be placed on the Leased Premises by COUNTY; provided, however, the DISTRICT and the COUNTY agree to cooperate with regard to and coordinate the placement of park benches, regulatory signage, and other similar types of objects that are typically associated with passive recreational uses within the Leased Premises; provided, further, however, that the DISTRICT's determination relative to such placement shall be conclusive and final. Removable equipment and removable improvements placed on the Leased Premises by COUNTY which do not become a permanent part of the Leased Premises will remain the property of COUNTY and may be removed by COUNTY upon termination of this LEASE, pursuant to Paragraph 27 below. 16. INDEMNITY BY COUNTY. -To the extent and limits permitted by Florida law, COUNTY hereby covenants and agrees to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, and hold and save harmless the DISTRICT fror� 6 l 53 BK: 2398 PG: 1622 any and all claims, bodily injury, personal injury, property injury, actions, lawsuits and demands of any kind or nature arising out of any action taken by the County or its sub -lessee as related to this Lease or the COUNTY's use of the Leased Premises. Nothing contained herein shall be construed as a waiver of sovereign immunity enjoyed by the parties hereto, as provided in Section 768.28, Florida Statutes, as amended, or any other law providing limitations on claims. Further, nothing herein shall be construed as a waiver of the limitations on liability enjoyed by a landowner providing land to the public for outdoor recreational purposes, provided in Section 375.251, Florida Statutes. 17. INSURANCE: A. The COUNTY shall procure and maintain, throughout the term (including any extended term) of this LEASE, Worker's Compensation insurance as may be required by Florida law. The COUNTY shall provide an insurance certificate demonstrating such coverage prior to the commencement of this LEASE. The Worker's Compensation insurance policy required by this LEASE shall also include Employer's Liability. The COUNTY shall require all COUNTY contractors working on the Leased Premises to procure and maintain Worker's Compensation insurance. B. The COUNTY shall procure and maintain, through the term of this LEASE, comprehensive general liability insurance or be self-insured under Florida law (the "policy"). This policy shall provide coverage for death, personal injury, or property damage that could arise directly from the performance of this LEASE. The policy shall have minimum limits of $1,000,000.00 per occurrence, combined single limit for bodily injury liability and property damage liability. This minimum limit may need to be reviewed and increased during the life of this lease. This shall include the following endorsements: BK: 2398 PG: 1623 ii. independent contractors'; iii. products and completed operations; and iv. contractual liability C. The COUNTY shall provide insurance certificates as proof of insurance prior to the commencement of performance. All such insurance shall name the DISTRICT, its commissioners, officers, and employees (and the United States of America once the DISTRICT has conveyed an easement to the United States of America) as additional insureds, and shall be written by a financially sound company which shall be acceptable to the DISTRICT and authorized to do business in the State of Florida. The policy shall contain a provision requiring the certificates to shall be countersigned by a registered Florida insurance agency or broker. The insurance certificate shall contain a clause that the insurer shall endeavor to notify the DISTRICT at least thirty (30) Days prior to cancellation Or modification of any insurance policy required by this LEASE. 18. PAYMENT OF TAXES AND ASSESSMENTS: COUNTY shall assume full responsibility for and shall pay all taxation liabilities that accrue to the Leased Premises and/or to the improvements thereon, including any and all ad -valorem taxes and drainage and special assessments or taxes of every kind which may be hereafter lawfully assessed and levied against the Leased Premises. 19. NO WAIVER OF BREACH: The failure of DISTRICT to insist in any or more instances upon strict performance of any one (1) or more of the covenants, terms and conditions of this LEASE shall not be construed as a waiver of such covenants, terms or conditions, but the same shall continue in full force and effect, and no waiver of DISTRICT of any of the provisions hereof shall in any event be deemed to have been made unlth® 8 55 BK: 2398 PG: 1624 waiver is set forth in writing and signed by DISTRICT. 20. NON-DISCRIMINATION: COUNTY shall assure and certify that it will comply with Title IV of the Civil Rights ACT of 1964 (PL 88-352) as amended and, in accordance with that Act, shall not discriminate against any individual's race, color, creed, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the Leased Premises or upon lands adjacent to and used as an adjunct of the Leased Premises. 21. UTILITY FEES: COUNTY shall be responsible for payment of all charges for the furnishing of gas, electric, water and other public utilities to the Leased Premises and for having the utilities turned off when the Leased Premises are surrendered. 22. COMPLIANCE WITH LAWS: COUNTY agrees that this LEASE is contingent upon and subject to COUNTY obtaining all applicable permits and complying with all applicable permits, regulations, ordinances, rules, and laws of the State of Florida or the United States of America or of any political subdivision or agency with jurisdiction over the Leased Premises. 23, NOTICE: All notices given under this LEASE shall be in writing and shall be served by certified mail to the last address of the party to whom notice is to be given, as designated by such party in writing. DISTRICT and COUNTY hereby designate their address as follows: TO DISTRICT: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477 Attn: Executive Director TO COUNTY: Indian River County Government 1801 27th St. Vero Beach, FL 32960 Attn: Environmental Lands Director Facsimile transmittals shall not be an acceptable means of providing notice. 56 BK: 2398 PG: 1625 24. BREACH OF COVENANTS, TERMS, OR CONDITIONS: Should COUNTY breach any of the covenants, terms, or conditions of this LEASE, DISTRICT shall give written notice to COUNTY to remedy such breach within thirty (30) days of such notice. In the event COUNTY fails to remedy the breach to the satisfaction of DISTRICT within thirty (30) days of receipt of written notice, DISTRICT may either terminate this LEASE and recover from the COUNTY all damages DISTRICT may incur by reason of the breach including, but not limited to, the cost of recovering the Leased Premises and attorney's fees; or maintain this LEASE in full force and effect and exercise all rights and remedies herein conferred upon DISTRICT. 25. DAMAGE TO THE PREMISES: COUNTY agrees that it will not do, or cause to be done, in, on, or upon the Leased Premises or as affecting said Leased Premises, any act which may result in damage or deprecation of value to the Leased Premises, or any part thereof. 26. HAZARDOUS MATERIALS LEASE, it: COUNTY agrees that, during the term of this A. Shall keep or cause the Leased Premises to be kept free of hazardous wastes or substances except those permitted to be utilized in the normal operation of a passive recreational pathway or trail which substances shall be used only as permitted by law. In no event shall the COUNTY store or mix any such substances on the Leased Premises. B. Shall not cause or permit, as a result of any intentional or unintentional act or omission on the part of COUNTY or any assignees, a release of hazardous wastes or substances onto the Leased Premises, C. Shall comply with and ensure compliance by its employees and all others under its direction with all applicable Federal, State, and local laws, ordinance, rules, and regulations. D. The terms "hazardous waste", "hazardous substance", "disposal", "release", and 10 57 BK: 2398 PG: 1626 "threatened release", if used in this LEASE, shall have the same meaning as set forth in the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq. ("CERCLA"), the Superftmd Amendments and Preauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 49 U.S.C. section 6901 et seq., the Florida Resource and Management Act, Chapter 403, Florida Statutes, the Pollution, Spill, Prevention, and Control Act, Chapter 376, Florida Statutes, or any other applicable State or Federal laws, rules, or regulations adopted pursuant to any of the foregoing. E. Shall immediately provide DISTRICT with notice of any release or threatened release of hazardous waste within the Leased Premises. And shall immediately provide DISTRICT with notice of any injury or action taken by any local, State, or Federal governmental body with respect to hazardous waste within the Leased Premises. F. Shall remove any hazardous waste or hazardous substances which exceed allowable levels in the ground or the groundwater within the Leased Premises. 27. SURRENDER OF PREMISES: Upon termination or expiration of this LEASE, COUNTY, shall surrender the Leased Premises to DISTRICT. In the event no further use of the Leased Premises or any part thereof is needed, COUNTY shall give written notification to the DISTRICT at least six (6) months prior to the release of any of all of the Leased Premises. Notification shall include a legal description, this LEASE number, and explanation of the release. Upon termination or expiration of this LEASE, all structures permanently affixed to the land, if any, and all improvements made, if any, will become the property of the DISTRICT; provided, however, that if any structures are such; in the DISTRICT's determination, that they can be moved without harm to the area where situated then the COUNTY may, within thirty 11 58 BK: 2398 PG: 1627 (30) days following the termination of the lease, remove the same. Upon final termination, the Leased Premises must be left in essentially the same condition as when first leased to the COUNTY, save for ordinary wear and tear, unless otherwise approved in writing by the DISTRICT. 28. BEST MANAGEMENT PRACTICES: COUNTY shall implement applicable Best Management Practices for all activities conducted under this LEASE in compliance with Rule 18-20.004, Florida Administrative Code, which have been selected, developed, or approved by DISTRICT or other land managing agencies for the protection and enhancement of the Leased Premises. 29. PROHIBITIONS AGAINST LIENS OR OTHER ENCUMBRANCES: Fee title to the Leased Premises is held by DISTRICT. COUNTY shall not do or permit anything to be done which purports to create a lien or encumbrance of any nature against the Leased Premises including, but not limited to, mortgages or construction liens against the Leased Premises or against any interest of DISTRICT therein. 30. PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this LEASE shall be ruled by a court of competent jurisdiction to be invalid, void, 12 59 BK: 2398 PG: 1628 order and repair including, but not limited to, keeping the Leased Premises free of trash or litter, meeting all building and safety codes in the location situated, and maintaining the Leased Premises in accordance with the approved development plan and the OMP. As may be mutually agreed to by the Parties, any removal, closure, etc., of the above improvements, if any, shall be acceptable when the proposed activity is consistent with sound goals of conservation, protection, and enhancement of the natural and historical resources within the Leased Premises and with the approved OMP. Maintenance of any and all existing dredge material management structures is reserved to the DISTRICT. 34. GOVERNING LAW: This LEASE shall be governed by and interpreted according to the laws of the State of Florida. 35. SECTION CAPTIONS: Articles, subsection and other captioned contained in this LEASE are for reference purposes only and are in no way intended to describe, interpret, define or limit the scope or extent of intent of this LEASE or any provisions thereof. 36. SPECIAL CONDITIONS: The following special conditions shall apply to this LEASE: A. COUNTY shall ensure that the area is identified as being publicly owned and operated as a public outdoor recreational facility in all signs, literature, and advertising. COUNTY shall erect signs identifying the Leased Premises as being open to the public, as a DISTRICT assisted project and as a DISTRICT property which will be used from time to time as a dredged material management area. All such signs are subject to the District's approval which shall not be unreasonably withheld; and B. The COUNTY agrees to install and maintain all required entrance and informational signage for its management activities; and 13 60 BK: 2398 PG: 1629 C. The COUNTY shall not in any way restrict access of the DISTRICT and/or the United States of America to the property as needed during periodic use of the dredge_material management area, as both parties recognize that such use is to be the paramount use of the Leased Premises. D. The COUNTY shall comply with any public access restrictions required by the DISTRICT and/or the United States of America during the periodic use of the property for dredge material management. 37. VENUE/ATTORNEY'S FEES: In the event of any litigation arising out of or resulting from this LEASE, the venue of such litigation shall be had only in the State courts in Palm Beach County, Florida. The prevailing party to $uch litigation shall be entitled to its costs and reasonable attorney's fees (at trial, appellate, and post judgment proceeding levels). IN WITNESS WHEREOF, the parties have caused this LEASE to be executed on the day and year first written above. ATTEST: 6 BY: J.K. BARTON Clerk COUNTY: Chairman Peter D. 0Brya .� APPROVED AS TO FORM AND LEGAL SU FICIENCY BY' County Attorney 14 I _i 61 BK: 2398 PG: 1630 DISTRICT: LEGAL FORM APPROVED FLORIDA INLAND DISTRICT COUNSEL NAVIGATION DISTRICT Z 4 BY: BY: M(SEAL) Chairman ATTEST: SgCrartary 15 S i T f rev ,�� ; '•....�.: I T � s ;� �, .� } t41P ., * r Non, • "tegr� .c+ $� x41Lr� r ..w• _ _.� { �tr;,�, •' 300' ,p I • A y i9PI � - iW 1 s m ,-,.�.Sq • Met}M 13&i �, ' a Public Races, , Pa Tong Picn;c Site ��11i•�� 'PROVENCE - � T 9AV Signage Boardwalk r? t Greenway Planning Area Promsect [me:p—V A -..s Raw Ca:e II, Shoreline Picnic Atoa ' � V-ewpoints t urenon ro„ayl I,4x emon �5 ... - Educational Signage 1,. Sign • Picnic Tatue(s) some Upland Trail FLORIDA INLAND -J -Lagoon Viewing NAVICv1TIONDISTRICT .T,ramsm. r,� Fencing Impoundment Reeds i - - - ry a ninon + Icy rA«m$em - :. ^ `c , .. • . --T.rr '•w!�• • •e1M• • w• m•e•fh•n �•- • ', �WalMwg^�arr ) . -t- " O-- Observation dock Wetlands •••mSK •eCanoe Landing INDIANW WildIde/Lagoon ViewingM Educations' Signage IIA `RA, � e kik-- -" ? --_•�_•`_ _• •_ � _ . . . . . . '' Indian RIVER PARK SOCIATIDN in/ - River I LOT PART ER" Mmatlnn 4 spn Lagoon . �.�J If � .�. �� R� •IrAwirmailm- - � ^ IIIpIAIa RIVER LAND 1RU5T IRC Traft .. _ t` —_•VOT£AITW. . XiAK;4P)h zj yy •Carr* 9 3b nMontwaogn Sir Sipe® - r 'K�"'J• INDIAN RIVER FARMS DR DIST'.} L ,.�C1,RE i. CEE EOTAN _ C4 DE.N 4 i IIIpIAIa RIVER LAND 1RU5T IRC Traft .. _ t` —_•VOT£AITW. . XiAK;4P)h zj yy •Carr* 9 3b nMontwaogn Sir Sipe® - r 'K�"'J• INDIAN RIVER FARMS DR DIST'.} BK: 2398 PG: 1632 C' li { Exhibit A "text" _... _......�_ .. The existing mosquito impoundment road on the FIND tract will be used for part of the greenway trail system and for establishing a small picnic area on the eastern edge of the property near the shoreline of the Indian River Lagoon. The pervious road leading east from Indian River Blvd. will be available for trail maintenance vehicles by county officials and emergency access vehicles only. Fencing and/or gates will be installed and maintained to prevent public access to the dredge management containment area and private properties to the north. BK: 2398 PG: 1633 EXhIBII "B" Management Plan IR -14 Dredged Material Management Area May 1999 Exhibit "B" in its entirety is on file in the office of the Clerk to the Board of County Commissioners 65 BK: 2398 PG: 1634 Management Plan IR -14 Dredged Material Management Area Prepared for FLORIDA INLAND NAVIGATION DISTRICT by R. Bruce Taylor, Ph.D., P.E. William F. McFetridge Taylor Engineering, Inc. 9000 Cypress Grcen Drive, Suite 200 Jacksonville, Florida 32256 (904)731-7040 66 BK: 2398 PG: 1635 TABLE OF CONTENTS LIST OF FIGURES.................................................................iii 1.0 INTRODUCTION............................................................ 1 2.0 PRE -DREDGING SITE PREPARATION AND DESIGN FEATURES ................ 5 2.1 Site Design............................................................. 5 2. 1.1 Containment Basin Capacity and Configuration Requirements ............... 5 2.1.2 Containment Basin Design ............................................ 9 2.2 Facility Constraction.................................................... 9 2.2.1 Clearing and Grubbing ............................................. 1t 2.2.2 Excavation and Grading ............................................ 11 2.3 Additional Design Features .............................................. 12 2.3.1 Inlet............................................................. 12 2.3.2 Weirs............................................................ 13 2.3.3 Ponding Depth and Basin Performance ................................. 16 2.3.4 Interior Earthworks ................................................ 20 2.3.5 Ramps........................................................... 21 2.3.6 Perimeter Ditches .................................................. 21 2.3.7 Dike Erosion and Vegetation ......................................... 23 2.3.8 Site Security ...................................................... 23 2.4 Groundwater Monitoring ............................................... 24 2.5 Migratory Bird Protection ............................................... 25 2.6 Cultural Resources..................................................... 26 3.0 OPERATIONAL CONSIDERATIONS DURING DREDGING ...................... 27 3.1 Placement of Pipelines .................................................. 27 3.2 Inlet Operation........................................................ 28 3.2.1 Monitoring Related to Inlet Operation .................................. 29 3.3 Weir Operation........................................................ 30 3.4 Effluent Monitoring.................................................... 33 3.5 Groundwater Monitoring ............................................... 34 i 67 BK: 2398 PG: 1636 3.6 Migratory Bird Protection ............................................... 35 4.0 POST -DREDGING SITE MANAGEMENT....i. ......... .......... 36 4.1 Dewatering Operations .................... ............ 36 4.2 Grading the Deposition Material ........................... 33 4.2.1 Control of Stormwater Runoff ............................. ........ 38 4.2.2 Topographic Surveys ...................................... 39 4.3 Material Rehandling/Reuse ............ ........ . .:..... 39 4.4 Additional Environmental Considerations ....... 40 4.4.1 Biological Monitoring ................... .......... ... 40 4.4.2 Migratory Bird Protection .................:............. . , ,::.......... 41 4.4.3 Groundwater Monitoring .. ........:.. . ...... 41 4.4.4 Mosquito Control..............................I.................... 41 4.5 Site Security .......................................................... 42 REFERENCES.............................................................. 43 APPENDIX A ii 68 BK: 2398 PG: 1637 LIST OF FIGURES Figure 1.1 Location of IR -14 Dredged Material Management Area, Indian River County, Florida ....... I ............................. Figure 1.2 Location of IR -14, Within Reach III, Dredged Material Management Plan, Indian River County, Florida ..................................... 3 Figure 2.1 Site Plan, IR -14 Dredged Material Management Area, Indian River County, Florida....................................................... 6 Figure 2.2 Land Use and Vegetation of IR -14, Dredged Material Management Area, Indian River County, Florida .................... 8 Figure 2.3 Typical Dike and Ramp Sections, Vegetation Plan, Dredged Material Management Area, Site IR -14, Indian River County, Florida ........... 10 Figure 2.4 Grain Size Distribution, ICWW Sediment, Reach I1I. IR -14 Dredged Material Management Area, Indian River County, Florida ...................... 18 Figure 2.5 Zone Settling Velocity of Intracoastal Waterway Sediments (based on and McFetridge,1989).......................................... 19 Im 69 FIRST AMENDMENT TO LEASE AGREEMENT THIS FIRST AMENDMENT ("Amendment") to that certain Lease Agreement ("Agreement") between Florida Inland Navigation District ("DISTRICT") and Indian River County ("COUNTY") dated the 21St day of January, 2010. WITNESSETH: WHEREAS, DISTRICT is the owner of a parcel of land in Indian River County, Florida and known as "Dredged Material Management Area (DMMA) IR -14"; and WHEREAS, DISTRICT allowed COUNTY to lease a portion of DMMA IR -14 for passive recreational purposes subject to said rights of DISTRICT and the future rights and easement of the United States of America; and WHEREAS, COUNTY has requested to lease an additional portion of DMMA IR -14 for passive recreational purposes in the form of a trail expansion; and WHEREAS, DISTRICT is willing to consent to leasing this additional portion of DMMA IR -14, subject to the terms and conditions of this Amendment. NOW, THEREFORE, in consideration of the premises, the sum of Ten Dollars ($10.00) and other valuable consideration, DISTRICT and COUNTY hereby agree as follows: 1. The foregoing recitals are true and correct, and are incorporated herein by reference. 2. DISTRICT hereby consents to the expansion of COUNTY's trail system, through additional portions of DMMA IR -14, for passive, public recreational purposes. 3. COUNTY hereby agrees to continually maintain the expanded portion of trail to ensure the safety of its users. 4. COUNTY hereby agrees to carry a General Liability Insurance Policy with minimum limits of $2,000,000.00 per person and $3,000,000.00 per aggregate. 5. The Effective Date of this Amendment shall be the date on which the last party to this Amendment executes this Amendment. 6. Except as amended by this Amendment, the Agreement is ratified, confirmed and accepted. 7. This Amendment may be executed in counterparts, all of which taken together shall be deemed an original, with a facsimile and/or an e-mail signature serving as an original thereof. 70 IN WITNESS WHEREOF, the parties hereto have duly executed this Amendment, by and through their duly authorized officers, as of the day and year stated above. FLORIDA INLAND NAVIGATION DISTRICT, an independent special taxing district of the State of Florida By: Janet Zimmerman, Executive Director Date: INDIAN RIVER COUNTY, a political subdivision of the State of Florida By: Date: 71 a) M 61 Ln LO N O Lf) a0 O O Ln N O O C7 F J t K W INDIAN RIVER COUNTY, FLORIDA 8H. AGENDA ITEM Parks, Recreation & Conservation Department Conservation Lands Division Date: June 3, 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: Approval of a Resolution of the Board of County Commissioners Approving and Accepting the Final Environmental Lands Program Guide, and Establishing the Environmental Lands Acquisition Panel BACKGROUND: On December 12, 2023, the Board of County Commissioners (BCC) approved staff changes to the Environmental Lands Program Guide (ELPG). This document outlines the process for the acquisition of environmentally sensitive lands to be funded through the Environmental Bond approved in 2022 by both the BCC and voters in Indian River County. As described in the ELPG, part of the process for acquisition of environmental lands is to create an advisory board whose function is to review nominated properties and provide recommendations to the BCC on the value of properties that may be pursued for acquisition. The advisory group that has been established for the environmental land acquisition process is the Environmental Lands Acquisition Panel (ELAP). The primary role of the ELAP is to review nominations and provide a biannual property ranking summary for BCC consideration. The composition, function, and process for seating the ELAP is detailed in the ELPG. DESCRIPTION AND CONDITIONS: Past Environmental Bond Referenda have included the adoption of a Resolution to approve the ELPG as well as the development of the advisory group. The December 12, 2023, agenda item did not include a BCC resolution accepting and approving these items. A Resolution approving and adopting the 2023 ELPG as well as the selection and process for the ELAP has been attached for BCC consideration. The nine member ELAP has been meeting since August of 2023. Meetings in 2023 were directed at providing the BCC comments towards the finalization of the ELPG. The County began accepting nominations for properties to be considered for acquisition on March 1, 2024. ELAP meetings in March, April and May 2024 have been conducted to review nominated properties to evaluate whether the minimum criteria for acquisition have been met for each property, however votes could only be taken at the April meeting due to lack of quorum at the other meetings. There have been several meetings of the ELAP where a quorum was not present. A lack of quorum results in delays in the process; for this reason, staff is respectfully requesting that the Board consider 77 changing the number of members required for a quorum to less than seven (the ELPG outlines a quorum as 7 of 9 members present). Any change in quorum provided by the Board would be included in the final version of the ELPG (which would be memorialized by adding the 06/18/2024 BCC date on the cover of the ELPG) and final Resolution. FUNDING: No funding is required for the approval of the Resolution to Approve and Accept the Final Environmental Lands Program Guide and Establishing the Environmental Lands Acquisition Panel. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners Approve the Resolution which Approves and Accepts the Final Environmental Lands Program Guide, and Establishes the Environmental Lands Acquisition Panel, and authorize the Chairman to execute said Resolution. ATTACHMENTS: • Resolution 2024-00 to Approving and Accepting the Final Environmental Lands Program Guide, and Establishing the Environmental Lands Acquisition Panel APPROVED AGENDA ITEM FOR JUNE 18, 2024 78 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AND ACCEPTING THE FINAL ENVRONMENTAL LANDS PROGRAM GUIDE, AND ESTABLISHING THE ENVIRONMENTAL LANDS ACQUISITION PANEL. WHEREAS, the Board of County Commissioners created and restructured the Land Acquisition Advisory Committee to purchase and preserve environmentally significant land by Resolutions 90-104, 92-58, and 2003-130; and WHEREAS, the Board of County Commissioners in times of economic downturn dissolved and sunsetted numerous advisory committees including the Land Acquisition Advisory Committee by Resolution 2010-034 ; and WHEREAS, on February 28, 2022, the Board of County Commissioners directed staff to update the Environmental Lands Program Guide to start acquiring environmentally significant land once more; and WHEREAS, the Environmental Lands Program Guide has been updated and finalized; and WHEREAS, Section II of the Environmental Lands Program Guide calls for the creation of the Environmental Lands Acquisition Panel (ELAP) pursuant to a Resolution of the Board of County Commissioners; and WHEREAS, it is the will of the Board of County Commissioners to accept and approve the finalized Environmental Lands Program Guide and establish the Environmental Lands Acquisitional Panel to serve as an advisory Board to the Board of County Commissioners in the purchase of environmentally significant lands to be preserved. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. ACCEPTANCE AND APPROVAL OF GUIDE The Environmental Lands Program Guide is hereby accepted and approved by the Board of County Commissioners. 2. ESTABLISHMENT OF ENVIRONMENTAL LANDS ACQUISITION PANEL (ELAP) There is hereby established an Environmental Land Acquisition Panel to be composed of 9 members. A. MEMBERSHIP OF PANEL, AND QUORUM Membership and Quorum is as follows: i. 5 members consisting of 1 appointee residing in each of the five districts by their respective County Commissioner. ii. 4 at large members with professional credentials as follows: a. 2 members with a broad background and professional experience in Natural Resources. b. 1 member with extensive professional experience in Real Estate or Finance. c. 1 member with extensive experience in Planning or Engineering. iii. The Presence of 6 members out of 9 shall constitute a quorum for business to be conducted. B. TERM OF OFFICE The Term of each appointment shall be 4 years. Members may serve until their successor is appointed. Members may be reappointed. Vacancies shall be filled for the unexpired term. All appointments shall be from the first meeting of that board in January of each odd -numbered year with the terms staggered so that the number of people appointed shall be equal or in proportion to the number of commission seats normally filled in the previous election. To the extent that a member is appointed by a single county commissioner, that member's term shall commence in January following the election of the commissioner. C. PURPOSE OF ELAP The purpose of ELAP shall be to: I. Advise the Board of County Commissioners on utilizing the bond funds for the purchase of environmentally significant lands that further the goals and objectives outlined in the Indian River County 2030 Comprehensive plan. II. Establish, pursuant to the Environmental Lands Program Guide, priorities for Commission consideration in connection with future land acquisition. III. Review and comment on the development of use and management recommendations for consideration by the Commission with regard to environmentally significant lands to be protected. IV. Make recommendations regarding cost -share funding alternatives to leverage bond referendum monies. V. Take such other actions are as consistent and necessary in accordance with criteria established in the Environmental Lands Program Guide. D. DUTIES AND RESPONSABILITIES OF ELAP I. Comply with the mandate of the electorate vote in accordance with Indian River County policies. II. Make recommendations to the Board Of County Commissioners concerning modifications to the Indian River County Environmental Lands Program Guide to meet the needs of Indian River County. III. Present to the Board Of County Commissioners, for their approval, a recommended program for the purchase of environmentally significant lands. IV. Investigate and consider alternative non -ad valorem -based funding sources for the purchase of environmentally significant lands. V. Receive and review individual proposals nominated for purchase in accordance with the criteria established in the Environmental Lands Program Guide. --74- 15-Z, VI. Create an annual summary for land acquisition in accordance with the criteria established in the Environmental Lands Program Guide from which due diligence investigations and purchase negotiations shall be commended. The Project summary shall carry over those sites still under consideration from previous year's cycle. VII. Make recommendations to the Board Of County Commissioners concerning the acquisition of Environmentally significant sites. The recommendations shall specifically identify the land and interest therein to be acquired and features of the land that meet (and don't meet) the selection criteria set forth in the Environmental Lands Program Guide. VIII. Make use and management recommendations to the Board Of County Commissioners regarding environmentally significant lands to be protected. IX. Conduct an annual review and evaluation of the environmentally significant lands being considered for acquisition based on the results of purchase negotiations, funding opportunities with State and Federal preservation programs and the criteria established by the Environmental Lands Program Guide, reprioritized same, add new sites or delete sites, and provide a written report of results thereof to the Board of County Commissioners. E. ADVISORY STATUS The Environmental Lands Acquisition Panel shall be advisory only and the members shall serve without compensation. F. REMOVAL Members shall serve at the pleasure of the County Commission. To the extent that a member is appointed by a single commissioner, the member shall serve at the pleasure of the appointing commissioner or if appointed by a group at the pleasure of that group. The absence of any member from 3 consecutive meetings without approval of the ELAP shall constitute an abandonment of the office by such member and removal of such member shall be sought. G. GENERAL PROVISIONS Except as provided herein, the provisions of Section 103.02 of the Indian River County Code of Ordinances shall apply to the Environmental Lands Acquisition Panel. The foregoing resolution was offered by Commissioner adoption. The motion was seconded by Commissioner vote, the vote was as follows: Chairman Susan Adams Vice -Chairman Joseph E. Flescher Commissioner Joseph Earman Commissioner Deryl Loar Commissioner Laura Moss who moved its and, upon being put to a The Chairman thereupon declared the resolution passed and adopted this day of June, 2024. BOARD OF COUNTY COMMISSSIONERS OF INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller LI -M Deputy Clerk Approved as to Form and Legal Sufficiency Susan J. Prado, Deputy County Attorney '76-76-0-4 1E. I. INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich Jr., County Administrator PREPARED BY: Patrick J. Murphy; Senior Planner, Current Development DATE: June 5, 2024 SUBJECT: Pellegrino and Michelle Barone's Request for Affidavit of Exemption (AOE) Approval with Dedications to the County for the Barone 12th Street AOE [AOE-21-10-03 / 2020110039-90401] It is requested that the data presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of June 18, 2024. DESCRIPTION. CONDITIONS, & ANALYSIS: MBV Engineering, Inc., on behalf of Pellegrino and Michelle Barone, applied for an Affidavit of Exemption (AOE). The project consists of fourteen (14) lots on 64.75 acres of land located south of and adjacent to 12th Street, approximately halfway between 58a` Avenue and 66th Avenue (see Attachment 1). The property is zoned A-1, Agricultural -1 (up to 1 unit/5 acres), and has an AG - 1, Agriculture -1 (up to 1 unit/5 acres) future land use designation. During the AOE development review process, Public Works staff indicated that limited access easements will be required along the project's 12t` Street frontage, except where the project's four (4) driveways provide access to the fourteen (14) lots. The new driveways are located within proposed ingress/egress easements. The western -most driveway provides vehicular access to Lots 14; the next driveway heading east, provides vehicular access to Lots 5-8; continuing east, the next driveway provides vehicular access to Lots 9-12; and the final driveway (at the far east end of the project), provides vehicular access to Lots 13 and 14. The purpose of the limited access easements is to control the number of driveway connections to the publicly owned and maintained right-of-way (12th Street). Dedication of the limited access easements to the Board will allow the County to enforce the use of the common driveway connections to 12th Street for all lots within the Barone 12th Street AOE. Normally an AOE may be approved at the staff level; however, the dedication of the 5' limited access easements to the Board requires Board acceptance of these easements. Once accepted by the Board, staff may concurrently approve the AOE, and the appropriate documents may be recorded in the public records. 79 The recordable Barone 12'h Street AOE plan accurately depicts the required limited access easements. The proposed layout of the AOE has been reviewed by staff, including Public Works, and is acceptable. Also, the dedication language has been reviewed and approved by the County Attorney's office. The Board may now consider acceptance of the dedication of the limited access easements from the property owner as part of the AOE approval. RECOMMENDATION: Staff recommends that the Board of County Commissioners accept the dedication of the limited access easements and authorize the chairman to execute the Barone 12th Street Affidavit of Exemption. ATTACHMENTS: 1. Location Map 2. 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Titkanich, Jr., County Administrator THROUGH: Kylie Yanchula, Natural Resources Director FROM: Melissa Meisenburg, Sr. Lagoon Environmental Specialist SUBJECT: Approval of FWC Grant for Indian River County Derelict Vessel Removal Project DATE: June 18, 2024 DESCRIPTIONS AND CONDITIONS On May 10, 2024, the Indian River County Board of County Commissioners (BCC) approved Staff's recommendation to apply for a Derelict Vessel Removal Grant (Grant) with the Florida Fish and Wildlife Conservation Commission (FWC). Staff applied for the Grant and was subsequently notified by FWC of the award of $33,600.00 in a Bulk Derelict Vessel Removal Grant (Contract No. 24030). The Grant award will reimburse the County for costs associated with the removal and disposal of five (5) derelict vessels from the Indian River Lagoon within 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 the removal and disposal of the vessels, improving boating safety by removing hazards to navigation and the environment. Outlaw Maritime, LLC has been the County's contractor in prior derelict vessel removal projects, adhering to FWC's Best Management Practices for derelict vessel removal. Outlaw Maritime, LLC has provided a cost proposal to the County of $33,600.00 to remove all five (5) currently authorized derelict vessels following the same protocols as previous removal tasks. FUNDING The cost to remove and dispose of the five (5) derelict vessels totals $33,600.00. The FWC 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 /IR Lagoon/ Other Contractual Services, Account #13328337-033490. Account Name Account No. Amount Florida Boating Improvement Program/IR Lagoon/Other Contractual Services 13328337-033490 $33,600.00 RECOMMENDATION Staff recommends the Board of County Commissioners authorize the Chair to sign and execute Contract 24030 in the amount of $33,600.00 on behalf of the County. ATTACHMENTS 1. FWC 24030 Indian River County DV Removal Agreement 2. Summer 2024 IRC DV Removal Map APPROVED AGENDA ITEM FOR June 18, 2024 87 RECIPIENT/SUBRECIPIENT AGREEMENT STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Agreement 24030 State Grant Information CSFA Title(s).: Derelict Vessel Removal Grant CSFA No(s). 77.005: State Award No(s).: 24030 State Award Year(s): 2024/2025 State Award Name(s): Indian River County BOCC This Agreement is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission" or "FWC," and Indian River County BOCC, 59-0000674, whose address is 1801 271 Street, Bldg. A, Vero Beach, FL 32960, the Recipient/Subrecipient, hereinafter "Recipient", collectively, "Parties". INTRODUCTORY CLAUSES WHEREAS, Commission and Recipient intend to partner together to remove derelict vessels from the waters of this State; WHEREAS, such benefits are for the ultimate good of the State of Florida, its resources, wildlife, and public welfare. TERMS OF THE AGREEMENT The Commission and the Recipient, for the considerations stated in this Agreement, agree as follows: Section 1. PROJECT DESCRIPTION. The Recipient shall provide the services and perform the specific responsibilities and obligations, as set forth in the Scope of Work, attached hereto as Attachment A, which specifically identifies project tasks and accompanying deliverables. These deliverables must be submitted and approved by the Commission prior to any payment. The Commission will not accept any deliverable that does not comply with the specified required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If this Agreement is the result of Recipient responses to the Commission's request for competitive or other grant proposals, the Recipient's response is hereby incorporated by reference. Section 2. PERFORMANCE. The Recipient shall perform the activities described in Attachment A in a proper and satisfactory manner. Unless otherwise provided for in Attachment A, any and all equipment, products or materials necessary or appropriate to perform under this Agreement shall be supplied by the Recipient. The Recipient shall obtain all necessary local, state, and federal authorizations necessary to complete this project, and the Recipient shall be licensed as 88 FWC Agreement No. 24030 necessary to perform under this Agreement as may be required by law, rule, or regulation; the Recipient shall provide evidence of such compliance to the Commission upon request. The Recipient shall procure all supplies and pay all charges, fees, taxes and incidentals that may be required for the completion of this Agreement. By acceptance of this Agreement, the Recipient warrants that it has the capability in all respects to fully perform the requirements and the integrity and reliability that will assure good -faith performance as a responsible Recipient. The Recipient shall immediately notify the Commission's Grant Manager in writing if its ability to perform under the Agreement is compromised in any manner during the term of the Agreement. The Commission shall take appropriate action, including potential termination of this Agreement, in the event the Recipient's ability to perform under this Agreement becomes compromised. Section 3. AGREEMENT PERIOD. A. Agreement Period and Commission's Limited Obligation to Pay. The Agreement shall be effective upon execution by the last Party to sign and shall remain in effect through 08/28/2024. However, if this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the referenced grant programs may execute Agreements with a retroactive start date of no more than sixty (60) days, provided that approval is granted from the Executive Director or his/her designee and that it is in the best interest of the Commission and State to do so. For this Agreement, the retroactive start date was not approved. The Commission's Grant Manager shall confirm the specific start date of the Agreement by written notice to the Recipient. The Recipient shall not be eligible for reimbursement or compensation for grant activities performed prior to the start date of this Agreement nor after the end date of the Agreement. For this Agreement, preaward costs are not eligible for reimbursement. If necessary, by mutual agreement as evidenced in writing and lawfully executed by the Parties, an Amendment to this Agreement may be executed to lengthen the Agreement period. B. Extension. The Commission may extend this Agreement upon agreement of both Parties through an Amendment, provided the funding source permits additional time prior to expiration of funding. Section 4. COMPENSATION AND PAYMENTS. A. Compensation. As consideration for the services rendered by the Recipient under the terms of this Agreement, the Commission shall pay the Recipient on a cost reimbursement basis in an amount not to exceed $33,600.00. B. Payments. The Commission shall pay the Recipient for satisfactory performance of the tasks identified in Attachment A as evidenced by the completed deliverables, upon submission of invoices, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Commission's Grant Manager. Unless otherwise specified in Attachment A, invoices shall be due monthly, commencing from the start date of this Agreement. Invoices must be legible and must clearly reflect the Deliverables that were provided in accordance with the terms of the Agreement for the invoice period. Unless otherwise specified in Attachment A, a final invoice shall be submitted to the Commission no later than forty-five (45) days following the expiration date of this Agreement to assure the Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 2 of 29 89 FWC Agreement No. 24030 availability of funds for payment. Further, pursuant to Section 215.971(1)(d), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period. C. Invoices. Each invoice shall include the Commission Agreement Number and the Recipient's Federal Employer Identification (FEID) Number. Invoices, with supporting documentation, may be submitted electronically to the attention of the Commission's Grant Manager. If submitting hard copies, an original and two (2) copies of the invoice, plus all supporting documentation, shall be submitted. All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. Recipient acknowledges that the Commission's Grant Manager shall reject invoices lacking documentation necessary to justify invoiced expenses. D. Match If this Agreement is made pursuant to a grant award as authorized by Rule 68-1.003, F.A.C., the Recipient is not required to contribute non-federal match towards this Agreement. If applicable, details regarding specific match requirements are included in Attachment A. E. State Obligation to Pay. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation and authorization to spend by the Legislature. The Parties hereto understand that this Agreement is not a commitment to future appropriations but is subject to appropriation and authority to spend provided by the Legislature. The Commission shall be the final authority as to the availability of funds for this Agreement, and as to what constitutes an "annual appropriation" of funds to complete this Agreement. If such funds are not appropriated or available for the Agreement purpose, such event will not constitute a default on behalf of the Commission or the State. The Commission's Grant Manager shall notify the Recipient in writing at the earliest possible time if funds are not appropriated or available. F. Non -Competitive Procurement and Rate of Payment. Section 216.3475, F.S., requires that under non-competitive procurements, a Recipient may not receive a rate of payment in excess of the competitive prevailing rate for those services unless expressly authorized in the General Appropriations Act. If applicable, Recipient warrants, by execution of this Agreement, that the amount of non-competitive compensation provided in this Agreement is in compliance with Section 216.3475, F.S. G. Cost Reimbursement If the Compensation section indicates this is a cost reimbursement Agreement, the Recipient shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in Attachment A. To be eligible for reimbursement, costs must follow the requirements of Section 215.971, F.S. and must also be in compliance with other laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. Invoices submitted for cost reimbursement must be itemized by expenditure category as outlined in the approved Agreement budget. Additionally, the invoice must evidence the completion of all tasks required to be performed for the deliverable and must show that the Recipient met the minimum performance standards established in the Agreement. The Commission is required to maintain detailed supporting documentation and to make it available for audit purposes. By submission of the payment request, the Commission is Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 3 of 29 90 FWC Agreement No. 24030 certifying that the detailed documentation to support each item on the itemized invoice is on file at the agency and is available for audit. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for the categories in the approved Agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. The Commission may require more detailed documentation as deemed appropriate to satisfy that the terms of the Agreement have been met. Listed below are types and examples of their supporting documentation: Salaries: Timesheets that support the hours worked on the project or activity must be kept. A payroll register or similar documentation should be submitted and maintained. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. ii. Tuition: If the Commission determines tuition, stipends, and/or waivers are allowable costs, the payments must result from obligations incurred during the specified Agreement period. Documentation must be provided to show compliance with 215.971, F. S. Examples include but are not limited to keeping timesheets/time and effort reports/logs that support the hours worked on the project or activity. If an individual for whom tuition, stipends and/or waivers are being claimed are paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. iii. Fringe Benefits: Supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the Agreement specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. a. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. iv. Travel: To the extent the Commission determines travel is an allowable cost, reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher along with supporting receipts and invoices. V. Other Direct Costs: To the extent the Commission determines other direct costs are allowable, reimbursement will be made based on paid invoices/receipts and proof of payment processing (cancelled/processed checks and bank statements). vi. In -House Charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. vii. Indirect Costs: To the extent the Commission determines that indirect costs are allowable, and the Agreement specifies that indirect costs will be paid based on a specified rate, then the calculation should be provided in the Agreement's budget breakdown. Indirect costs must be in the approved Agreement budget and the Recipient must be able to demonstrate that the costs are not duplicated elsewhere as direct costs. All indirect cost rates must be evaluated for reasonableness and for allowability and must be allocated consistently. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 4 of 29 91 FWC Agreement No. 24030 For cost reimbursement Agreements with another State agency (including State universities): In lieu of the detailed documentation described above, alternative documentation may be submitted to substantiate the costs requested to be reimbursed. This alternative documentation may be in the form of FLAIR reports or other reports containing sufficient detail. H. Time Limits for Payment of Invoices. Payments shall be made in accordance with Sections 215.422 and 287.0585, F.S., which govern time limits for payment of invoices. Section 215.422, F.S. provides that agencies have five (5) working days to inspect and approve Deliverables, unless Attachment A specifies otherwise. If payment is not available within forty (40) days, measured from the latter of the date the invoice is received or the Deliverables are received, inspected and approved, a separate interest penalty set by the Department of Financial Services pursuant to Section 55.03(1), F.S., will be due and payable in addition to the invoice amount. Invoices returned to a Recipient due to preparation errors will result in a payment delay. Invoice payment requirements do not start until a properly completed invoice is provided to the agency. I. Electronic Funds Transfer. Recipient agrees to enroll in Electronic Funds Transfer (EFT), offered by the State's Chief Financial Officer, within thirty (30) days of the date the last Party has signed this Agreement. Copies of the Authorization form and a sample blank enrollment letter can be found on the vendor instruction page at: https://www.myfloridacfo.com/division/aa/vendors. Questions should be directed to the State of Florida's EFT Section at (850) 413-5517. Once enrolled, invoice payments will be made by EFT. J. Vendor Ombudsman. A Vendor Ombudsman, whose duties include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a State agency, may be contacted at (850) 413-5516 or by calling the Chief Financial Officer's Hotline, (800) 342-2762. Section 5. RETURN OR RECOUPMENT OF FUNDS A. Unobligated Funds. Pursuant to Section 215.971(1)(d) -(e), F.S., the Commission may only pay the Recipient for allowable costs resulting from obligations incurred during the Agreement period, and any balance of unobligated funds that has been advanced or paid must be refunded to the Commission. Any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission as well. B. Overpayments to Recipient. Pursuant to Section 215.971(1)(f), F.S., any funds paid in excess of the amount to which the Recipient is entitled under the terms and conditions of the Agreement must be refunded to the Commission. In the event the Recipient or its independent auditor discovers that overpayment has been made, the Recipient shall repay said overpayment within forty (40) calendar days without prior notification from the Commission. In the event the Commission first discovers an overpayment has been made, the Commission will notify the Recipient in writing. Should repayment not be made in a timely manner, the Commission shall be entitled to charge interest at the lawful rate of interest established pursuant to Section 55.03(1), F.S., on the outstanding balance beginning forty (40) calendar days after the date of notification or discovery. Refunds Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 5 of 29 92 FWC Agreement No. 24030 should be sent to the Commission's Grant Manager and made payable to the "Florida Fish and Wildlife Conservation Commission." C. Additional Costs or Monetary Loss Resulting from Recipient Non -Compliance. If the Recipient's non-compliance with any provision of the Agreement results in additional cost or monetary loss to the Commission or the State of Florida to the extent allowed by Florida Law, the Commission can recoup that cost or loss from monies owed to the Recipient under this Agreement or any other agreement between Recipient and the Commission. In the event the discovery of this cost or loss arises when no monies are available under this Agreement or any other agreement between the Recipient and the Commission, the Recipient will repay such cost or loss in full to the Commission within thirty (30) days of the date of notice of the amount owed, unless the Commission agrees, in writing, to an alternative timeframe. If the Recipient is unable to repay any cost or loss to the Commission, the Commission shall utilize remedies available by law and may notify the State of Florida, Department of Financial Services, pursuant to Section 17.0415, F.S. Section 6. COMMISSION EXEMPT FROM TAXES, PROPERTY EXEMPT FROM LIEN. A. Commission Exempt from Taxes. The Recipient recognizes that the State of Florida, by virtue of its sovereignty, is not required to pay any taxes on the services or goods purchased under the terms of this Agreement. The Recipient is placed on notice that this exemption generally does not apply to nongovernmental entity recipients, subrecipients, contractors, or subcontractors. Any questions regarding this tax exemption should be addressed to the Commission's Grant Manager. B. Property Exempt from Lien. If the Agreement involves the improvement of real property titled to the State of Florida, then the following paragraph applies: The Recipient acknowledges that Property being improved is titled to the State of Florida and is not subject to lien of any kind for any reason. The Recipient shall include notice of such exemptions in any subcontracts and purchase orders issued hereunder. Section 7. MONITORING. The Commission's Grant Manager shall actively monitor the Recipient's performance and compliance with the terms of this Agreement. The Commission reserves the right for any Commission staff to make scheduled or unscheduled, announced or unannounced monitoring visits. Specific State and Federal monitoring terms and conditions are found in the Requirements of the Federal and Florida Single Audit Acts, Attachment B. Monitoring terms, conditions, and schedules may be included in Attachment A. Section 8. TERMINATION. A. Commission Unilateral Termination. The Commission may unilaterally terminate this Agreement for convenience by providing the Recipient with thirty (30) calendar days of written notice of its intent to terminate. The Recipient shall not be entitled to recover any cancellation charges or lost profits. The Recipient may request termination of the Agreement for convenience. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 6 of 29 93 FWC Agreement No. 24030 B. Termination — Fraud or Willful Misconduct. This Agreement shall terminate immediately in the event of fraud or willful misconduct. In the event of such termination, the Commission shall provide the Recipient with written notice of termination. C. Termination — Funds Unavailability. In the event funds to finance this Agreement become unavailable or if federal or state funds upon which this Agreement is dependent are withdrawn or redirected, the Commission may terminate this Agreement upon no less than twenty-four (24) hours' notice in writing to the Recipient. Said notice shall be delivered by certified mail, return receipt requested or in person with proof of delivery. The Commission shall be the final authority as to the availability of funds and will not reallocate funds appropriated for this Agreement to another program thus causing "lack of funds." In the event of termination of this Agreement under this provision, the Recipient will be compensated for any work satisfactorily completed and any non - cancellable obligations properly incurred prior to notification of termination. D. Termination — Other. The Commission may terminate this Contract if the Recipient fails to: 1.) comply with all terms and conditions of this Agreement; 2.) produce each deliverable within the time specified by the Agreement or extension; 3.) maintain adequate progress, thus endangering the performance of the Agreement; or, 4.) abide by any statutory, regulatory, or licensing requirement. The Commission shall give written notice to the Recipient of its intent to terminate the Agreement for cause. In the notice, the Commission shall provide an opportunity for the Recipient to correct the deficiency or provide a corrective action plan to correct the deficiency for the Commission, in its sole determination, to approve or disapprove. If no corrective action plan is submitted and approved, the Recipient shall cure the deficiencies cited by the Commission in its notice within fifteen (15) calendar days of receipt of such notice. If the Recipient does not cure the deficiencies to the Commission's satisfaction within the fifteen (15) calendar days, or within the time proscribed in an approved corrective action plan if one was provided, the Agreement will be terminated for cause. At that time, the Commission will send a second notice to the Recipient noting that this Agreement is being terminated for cause upon receipt of the notice and documenting the reasons this Agreement is being terminated. The Commission reserves the right in its sole discretion, to determine if the Recipient's deficiencies are legally excusable, or to extend the time to cure the deficiencies in writing. The Recipient's damages for termination for cause shall be limited to the cost of work actually performed and approved by the Commission. Section 287.1351, F.S., governs the procedure and consequences for default. The rights and remedies of the Commission in this clause are in addition to any other rights and remedies provided by law or under the Agreement. Recipient shall not be entitled to recover any cancellation charges. E. Recipient Discontinuation of Activities upon Termination Notice. Upon receipt of notice of termination, the Recipient shall, unless the notice directs otherwise, immediately discontinue all activities authorized hereunder. Upon termination of this Agreement, the Recipient shall promptly render to the Commission all property belonging to the Commission. For the purposes of this section, property belonging to the Commission shall include, but shall not be limited to, all books and records kept on behalf of the Commission. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 7 of 29 94 FWC Agreement No. 24030 Section 9. REMEDIES. A. Financial Consequences. In accordance with Sections 215.971(1)(a) & (b), F.S., Attachment contains clearly established tasks in quantifiable units of deliverables that must be received and accepted in writing by the agency before payment. Each deliverable specifies the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. If the Recipient fails to produce each deliverable within the time frame specified by Attachment A, the budget amount allocated for that deliverable will be reduced by ten percent (10%) from the Recipient's payment, unless otherwise modified by Attachment A. In addition, pursuant to Section 215.971(1)(c), the Commission shall apply any additional financial consequences as listed below or as identified in Attachment A. i. Temporarily withhold payments pending correction of the deficiency by the Contractor. ii. Reduction of payment if correction of deficiency is not made by the Contractor. iii. Disallow all or part of the cost of the activity or action not in compliance. iv. Wholly or partly suspend or terminate this agreement. V. Withhold future awards for the FWC projects. vi. Take other remedies that may be legally available. B. Cumulative Remedies. The rights and remedies of the Commission during the Agreement period are in addition to any other rights and remedies provided by law or under the Contract. Section 10. NOTICES AND CORRESPONDENCE. Any and all notices shall be delivered to the individuals identified below. In the event that either Party designates a different Grant Manager after the execution of this Agreement, the Party will provide written notice of the name, address, zip code, telephone, and email address of the newest Grant Manager, or an individual authorized to receive notice on behalf of that Party, to all other Parties as soon as possible, but not later than five (5) business days after the new Grant Manager has been named. Designating a new Grant Manager shall not require a formal Amendment to the Agreement. COMMISSION SELECT AN OPTION CONTACT INFORMATION: Phil Horning Derelict Vessel Program Administrator Fish and Wildlife Conservation Commission 620 S. Meridian St. Tallahassee, FL 32399-1600 (850)617-9540 RECIPIENT SELECT AN OPTION CONTACT INFORMATION: Melissa Meisenburg Senior Lagoon Environmental Specialist Natural Resources — Lagoon Division 1801 27`h Street Vero Beach, FL 32960 (772) 226-1651 Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 8 of 29 95 FWC Agreement No. 24030 Phillip.Horning@MyFWC.com mmeisenburg@indianriver.gov Section 11. AMENDMENT. A. Waiver or Modification. No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and lawfully executed by the Parties. B. Change Orders. The Commission may, at any time, by written order, make a change to this Agreement. Such changes are subject to the mutual agreement of both Parties as evidenced in writing. Any change which causes an increase or decrease in the Recipient's cost or time shall require an Amendment. Minor changes, such as those updating a Party's contact information, may be accomplished by a Modification. C. Renegotiation upon Change in Law or Regulations. The Parties agree to renegotiate this Agreement if federal and/or state revisions of any applicable laws or regulations make changes in the Agreement necessary. Section 12. PROPERTY RIGHTS. If this Agreement includes Federal funds, the provisions of Sections 200.310-200.316, Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200), and any language addressing Federal rights, apply. A. Intellectual and Other Intangible Property. Recipient's Preexisting Intellectual Property (Proprietary) Rights. Unless specifically addressed in Attachment A, intellectual and other intangible property rights to the Recipient's preexisting property will remain with the Recipient. ii. Proceeds Related to Intellectual Property Rights. Proceeds derived from the sale, licensing, marketing or other authorization related to any intellectual and other intangible property right created or otherwise developed by the Recipient under this Agreement for the Commission shall be handled in the manner specified by the applicable Florida State Statute and/or Federal program requirements. iii. Commission Intellectual Property Rights. Where activities supported by this Agreement produce original writing, sound recordings, pictorial reproductions, drawings or other graphic representations and works of any similar nature, the Commission and the State of Florida have the unlimited, royalty -free, nonexclusive, irrevocable right to use, duplicate and disclose such materials in whole or in part, in any manner, for any purpose whatsoever and to have others acting on behalf of the Commission to do so. If this Agreement is supported by Federal funds, the Federal awarding agency reserves a royalty -free, nonexclusive and irrevocable right to reproduce, publish, or otherwise use the work for federal purposes, and to authorize others to do so. B. Purchase or Improvement of Real Property. This Agreement is not for the purchase or improvement of real property, therefore, the following terms and conditions do not apply. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 9 of 29 96 FWC Agreement No. 24030 i. Federal Funds. Any Federal funds provided for the purchase of or improvements to real property are subject to the Property Standards of Sections 200.310 - 200.316, and 200.329, OMB Uniform Guidance (2 CFR 200), as amended. ii. Title. If this Agreement is supported by state funds, the Recipient shall comply with Section 287.05805, F.S. This section requires the Recipient to grant a security interest in the property to the State of Florida, the type and details of which are provided for in Attachment A. Title to state-owned real property remains vested in the state. Title to federally owned real property remains vested in the Federal government in accordance with the provisions of Section 200.312, OMB Uniform Guidance (2 CFR 200), as amended. iii. Use. Federally owned real property will be used for the originally authorized purpose as long as needed for that purpose in accordance with Section 200.311, OMB Uniform Guidance (2 CFR 200). State-owned real property will be used as provided in Attachment A. C. Non -Expendable Property. i. Non -Expendable Property Defined. For the requirements of this section of the Agreement, "non - expendable property" is the same as "property" as defined in Section 273.02, F.S. (equipment, fixtures, and other tangible personal property of a non -consumable and non -expendable nature, with a value or cost of $5,000.00 or more, and a normal expected life of one (1) year or more; hardback - covered bound books that are circulated to students or the general public, with a value or cost of $25.00 or more; and uncirculated hardback -covered bound books, with a value or cost of $250.00 or more). ii. Title to Non -Expendable Property. Title (ownership) to all non -expendable property acquired with funds from this Agreement shall be vested in the Commission and said property shall be transferred to the Commission upon completion or termination of the Agreement unless otherwise authorized in writing by the Commission or unless otherwise specifically provided for in Attachment A. D. Equipment and Supplies Title - Equipment. Title to equipment acquired under a Federal award will vest upon acquisition in the non -Federal entity in accordance with Sections 200.313 and 200.314, OMB Uniform Guidance (2 CFR 200). ii. Title — Supplies. Title to supplies will vest in the non -Federal entity upon acquisition. Unused supplies exceeding $5,000.00 in total aggregate value upon termination or completion of the project or program are subject to Section 200.314, OMB Uniform Guidance. iii. Use — Equipment. Equipment must be used by the non -Federal entity in the program or project for which it was acquired as long as needed. Section 13. RELATIONSHIP OF THE PARTIES. A. Conflict of Interest. The Recipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient and the Commission. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 10 of 29 97 FWC Agreement No. 24030 B. Recipient Training Qualifications. The Recipient agrees that all Recipient employees, subrecipients, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Recipient shall furnish a copy of technical certification or other proof of qualification. C. Commission Security. All employees, subrecipients, subcontractors, or agents performing work under the Agreement must comply with all security and administrative requirements of the Commission. The Commission may conduct, and the Recipient shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Recipient. The Commission may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with the Commission's other requirements. Such refusal shall not relieve Recipient of its obligation to perform all work in compliance with the Agreement. The Commission, in coordination with the Recipient, may reject and bar from any facility for cause any of Recipient's employees, subcontractors, or agents. D. Commission Rights to Assign or Transfer. The Recipient agrees that the State of Florida shall at all times be entitled to assign or transfer its rights, duties, or obligations under this Agreement to another governmental agency in the State of Florida, upon giving prior written notice to the Recipient. E. Commission Rights to Undertake or Award Supplemental Contracts. The Recipient agrees that the Commission may undertake or award supplemental agreements for work related to the Agreement. The Recipient and its subcontractors shall cooperate with such other Recipients and the Commission in all such cases. Section 14. SUBCONTRACTS. The Recipient is permitted to subcontract work under this Agreement, therefore, the following terms and conditions apply. A. Authority. The Recipient shall ensure, and provide assurances to the Commission upon request, that any subrecipient or subcontractor selected for work under this Agreement has the necessary qualifications and abilities to perform in accordance with the terms and conditions of this Agreement. The Recipient must provide the Commission with the names of any subrecipient or subcontractor considered for work under this Agreement; the Commission reserves the right to reject any subrecipient or subcontractor. The Recipient agrees to be responsible for all work performed and all expenses incurred with the project. Any subrecipient or subcontract arrangements must be evidenced by a written document available to the Commission upon request. The Recipient further agrees that the Commission shall not be liable to any subrecipient or subcontractor for any expenses or liabilities incurred under the subrecipient agreement or subcontract. The Recipient, at its expense, will defend the Commission against such claims. The following provisions apply in addition to any terms and conditions included in Attachment A. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 11 of 29 98 FWC Agreement No. 24030 B. Recipient Payments to Subcontractor or Subrecipient. If subcontracting is permitted pursuant to Paragraph A, above, Recipient agrees to make payments to the subcontractor within seven (7) working days after receipt of full or partial payments from the Commission in accordance with Section 287.0585, F.S., unless otherwise stated in the agreement between the Recipient and subcontractor. Recipient's failure to pay its subcontractors within seven (7) working days will result in a penalty charged against the Recipient and paid to the subcontractor in the amount of one-half of one percent (0.50%) of the amount due per day from the expiration of the period allowed herein for payment. Such penalty shall be in addition to actual payments owed and shall not exceed fifteen percent (15%) of the outstanding balance due. If entering a subrecipient agreement is permitted pursuant to Paragraph A above, Recipient agrees to make payments to the subrecipient for satisfactory performance of the tasks/deliverables identified in the subrecipient agreement. Recipient shall pay subrecipient following the same procedures described in paragraph 4 of this Agreement upon submission of invoices for allowable expenses, accompanied by supporting documentation sufficient to justify invoiced expenses or fees, and after acceptance of services and deliverables in writing by the Recipient. C. Commission Right to Reject Subrecipient or Subcontractor Employees. The Commission shall retain the right to reject any of the Recipient's, subrecipient's or subcontractor's employees working or anticipated to work on this project, whose qualifications or performance, in the Commission's judgment, are insufficient. D. Subcontractor and Subrecipient Conflict of Interest. If subcontracting or entering a subrecipient agreement is permitted pursuant to Paragraph A above, the Recipient agrees to take such actions as may be necessary to ensure that each subcontractor or subrecipient covenants that it presently has no interest and shall not acquire any interest that would conflict in any manner or degree with the performance of services required. Each Party hereto covenants that there is no conflict of interest or any other prohibited relationship between the Recipient, as applicable subrecipient or subcontractor, and the Commission. Section 15. MANDATORY DISCLOSURE. These disclosures are required by State law, as indicated, and apply when this Agreement includes State funding; and by Federal law, as indicated, and apply when the Agreement includes a Federal award. A. Disclosure of Interested State Employees. This Agreement is subject to Chapter 112, F.S. Recipient shall provide the name of any officer, director, employee, or other agent who is affiliated with this project and an employee of the State of Florida. If the Agreement includes a Federal award, then the Agreement is also subject to Section 200.112, OMB Uniform Guidance (2 CFR 200). Recipient must disclose, in writing, any potential conflict of interest to the Commission in accordance with applicable Federal awarding agency policy. B. Convicted Vendors. The Recipient hereby certifies that neither it, nor any person or affiliate of Recipient, has been convicted of a Public Entity Crime as defined in section 287.133, F.S., nor placed on the convicted vendor list. Recipient shall have a continuing obligation to disclose, to the Commission, in writing, if it, its principals, recipient, Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 12 of 29 FWC Agreement No. 24030 subrecipient, contractor, or subcontractor, are on the convicted vendors list maintained by the Florida Department of Management Services pursuant to Section 287.133(3)(d), F.S. Convicted Vendor List. Pursuant to Subsection 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not be awarded or perform work as a Recipient, supplier, subcontractor or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. The State of Florida, Department of Management Services, Division of State Purchasing provides listings for convicted, suspended, discriminatory and federal excluded parties, as well as the vendor complaint list at: https://www.dms.Myflorida.com/business operations/state, purchasing/state agency resources/ven dor registration and vendor lists ii. Notice of Conviction of Public Entity Crime. Any person must notify the Department of Management Services and the Commission, in writing, within thirty (30) days after conviction of a public entity crime applicable to that person or an affiliate of that person as defined in Section 287.133, F.S. iii. Vendors on Scrutinized Companies List. The Recipient certifies that it and any of its affiliates are not scrutinized companies as identified in Section 287.135, F.S. In addition, the Recipient agrees to observe the requirements of Section 287.135, F.S., for applicable sub -agreements entered into for the performance of work under this Agreement. Pursuant to Section 287.135, F.S., the Commission may immediately terminate this Agreement for cause if the Recipient, its affiliates, or its subcontractors are found to have submitted a false certification; or if the Recipient, its affiliates, or its subcontractors are placed on any applicable scrutinized companies list or engaged in prohibited contracting activity during the term of the Agreement. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. C. Discriminatory Vendors. The Recipient shall disclose to the Commission, in writing, if they, their subrecipient, contractor, or subcontractor, are on the Discriminatory Vendor List maintained by the Florida Department of Management Services pursuant to Section 287.134(3)(d), F.S. "An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity." Section 287.134(2)(a), F.S. Recipient has a continuing duty to disclose to the Commission whether they appear on the discriminatory vendor list. D. Prompt Disclosure of Litigation, Investigations, Arbitration, or Administrative Proceedings. Throughout the term of the Agreement, the Recipient has a continuing duty to promptly disclose to the Commission's Grant Manager, in writing, upon occurrence, all civil or criminal litigation, investigations, arbitration, or administrative proceedings (Proceedings) relating to or affecting the Recipient's ability to perform under this Agreement. If the existence of such Proceeding causes the Commission concern that the Recipient's ability or willingness to perform the Agreement is jeopardized, the Recipient may be required to provide the Commission with reasonable assurances to demonstrate that: a.) the Recipient will be able to Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 13 of 29 100 FWC Agreement No. 24030 perform the Agreement in accordance with its terms and conditions; and, b.) Recipient and/or its employees or agents have not and will not engage in conduct in performing services for the Commission which is similar in nature to the conduct alleged in such Proceeding. E. Certain Violations of Federal Criminal Law. If this Agreement includes a Federal award, then in accordance with Section 200.113, OMB Uniform Guidance (2 CFR 200), Recipient must disclose, in a timely manner, in writing to the Commission all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Section 16. INSURANCE. If the Recipient is a state or federal agency with self-insurance, Recipient warrants and represents that it is insured, or self-insured for liability insurance, in accordance with applicable state or federal law and that such insurance or self-insurance offers protection applicable to the Recipient's officers, employees, servants and agents while acting within the scope of their employment with the Recipient. If the Recipient is not a state or federal agency with self-insurance, then the following applies: A. Reasonably Associated Insurance. During the term of the Agreement, the Recipient, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits as may be reasonably associated with the Agreement. Providing and maintaining adequate insurance coverage is a material obligation of the Recipient, and failure to maintain such coverage may void the Agreement. The limits of coverage under each policy maintained by the Recipient shall not be interpreted as limiting the Recipient's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to write policies in Florida. B. Workers Compensation. To the extent required by Chapter 440, F.S., the Recipient will either be self-insured for Worker's Compensation claims or will secure and maintain during the life of this Agreement, Worker's Compensation Insurance for all of its employees connected with the work of this project, with minimum employers' liability limits of $100,000.00 per accident, $100,000.00 per person, and $500,000.00 policy aggregate. Such policy shall cover all employees engaged in any contract work. If any work is subcontracted, the Recipient shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Recipient. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation Law (Chapter 440, F.S.). In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Recipient shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Recipient, for the protection of its employees not otherwise protected. Employers who have employees who are engaged in work in Florida must use Florida rates, rules, and classifications for those employees. C. General Liability Insurance. By execution of this Agreement, unless Recipient is a state agency or subdivision as defined by Subsection 768.28(2), F.S. or unless otherwise provided for in Attachment A, the Recipient shall provide reasonable and adequate commercial general liability insurance coverage and hold such liability insurance at all times Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 14 of 29 101 FWC Agreement No. 24030 during the Agreement. A self-insurance program established and operating under the laws of the State of Florida may provide such coverage. D. Insurance Required for Performance. During the Agreement term, the Recipient shall maintain any other types and forms of insurance required for the performance of this Agreement as required in Attachment A. E. Written Verification of Insurance. Upon execution of this Agreement, the Recipient shall provide the Commission written verification of the existence and amount for each type of applicable insurance coverage. Within thirty (30) days of the effective date of the Agreement, Recipient shall furnish proof of applicable insurance coverage to the Commission's Grant Manager by standard Association for Cooperative Operations Research and Development (ACORD) form certificates of insurance. In the event that any applicable coverage is cancelled by the insurer for any reason, Recipient shall immediately notify the Commission's Grant Manager in writing of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within fifteen (15) business days after the cancellation of coverage. F. Commission Not Responsible for Insurance Deductible. The Commission shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of Recipient providing such insurance. Section 17. SPONSORSHIP. As required by Section 286.25, F.S., if the Recipient is a nongovernmental organization which sponsors a program financed wholly or in part by state funds, including any funds obtained through this Agreement, it shall, in publicizing, advertising, or describing the sponsorship of the program, state: "Sponsored by (Recipient's name) and the State of Florida, Fish and Wildlife Conservation Commission." If the sponsorship reference is in written material, the words "State of Florida, Fish and Wildlife Conservation Commission" shall appear in the same size letters or type as the name of the Recipient's organization. Additional sponsorship requirements may be specified in Attachment A. Section 18. PUBLIC RECORDS. A. All records in conjunction with this Agreement shall be public records and shall be treated in the same manner as other public records that are under Chapter 119, F.S. B. This Agreement may be unilaterally canceled by the Commission for refusal by the Recipient to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Recipient in conjunction with this Agreement, unless exemption for such records is allowable under Florida law. C. If the Recipient meets the definition of "Contractor" in Section 119.0701(1)(a) F.S., the Recipient shall comply with the following: i. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF THE CHAPTER 119, FLORIDA STATUTES, TO Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 15 of 29 102 FWC Agreement No. 24030 THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: 850488-6553, RecordsCustodian ar,myfwc.com, and 620 South Meridian Street, Tallahassee FL 32399 ii. Keep and maintain public records required by the Commission to perform the service. iii. Upon request from the Commission's custodian of public records, provide the Commission with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S. or as otherwise provided by law. iv. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Contractor does not transfer the records to the Commission. v. Upon completion of the contract transfer, at no cost, to the Commission all public records in possession of the Contractor or keep and maintain public records required by the Commission to perform the service. If the Contractor transfers all public records to the Commission upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Commission, upon request from the Commission's custodian of public records, in a format that is compatible with the information technology systems of the Commission. Section 19. COOPERATION WITH INSPECTOR GENERAL. Pursuant to subsection 20.055(5), F.S., Recipient, and any subcontractor to the Recipient, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Recipient shall provide any type of information the Inspector General deems relevant to the Recipient's integrity or responsibility. Such information may include, but shall not be limited to, the Recipient's business or financial records, documents, or files of any type or form that refer to or relate to the Agreement. The Recipient agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Recipient's compliance with the terms of this or any other agreement between the Recipient and the State which results in the suspension or debarment of the Recipient. Such costs shall include but not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. Section 20. SECURITY AND CONFIDENTIALITY. The Recipient shall maintain the security of any information created under this Agreement that is identified or defined as "confidential" in Attachment A. The Recipient shall not divulge to third Parties any confidential information obtained by the Recipient or its agents, distributors, resellers, subcontractors, officers or employees in Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 16 of 29 103 FWC Agreement No. 24030 the course of performing Agreement work. To ensure confidentiality, the Recipient shall take appropriate steps regarding its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Agreement. Section 21. RECORD KEEPING REQUIREMENTS. A. Recipient Responsibilities. The Recipient shall maintain accurate books, records, documents and other evidence that sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement, in accordance with generally accepted accounting principles. B. State Access to Contractor Books, Documents, Papers, and Records. The Recipient shall allow the Commission, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability or authorized representatives of the state or federal government to have access to any of the Recipient's books, documents, papers, and records, including electronic storage media, as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions.. C. Recipient Records Retention. Unless otherwise specified in Attachment A, these records shall be maintained for five (5) fiscal years following the close of this Contract, or the period required for this particular type of project by the General Records Schedules maintained by the Florida Department of State (https://dos.myflorida.com/librya- archives/records-mana eg ment/general-records-schedules/), whichever is longer. Recipient shall cooperate with the Commission to facilitate the duplication and transfer of such records upon the Commission's request. D. Recipient Responsibility to Include Records Requirements — Subcontractors. In the event any work is subcontracted under this Agreement, the Recipient shall include the aforementioned audit and record keeping requirements in all subsequent contracts. E. Compliance with Federal Funding Accountability and Transparency. Any federal funds awarded under this Agreement must comply with the Federal Funding Accountability and Transparency Act (FFATA) of 2006. The intent of the FFATA is to empower every American with the ability to hold the government accountable for each spending decision. The result is to reduce wasteful spending in the government. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website: www.USASpending.gov. Grant recipients awarded a new Federal grant greater than or equal to $25,000.00 awarded on or after October 1, 2010, are subject to the FFATA. The Recipient agrees to provide the information necessary, over the life of this Agreement, for the Commission to comply with this requirement. Section 22. FEDERAL AND FLORIDA SINGLE AUDIT ACT (FSAA) REQUIREMENTS. Pursuant to the FSAA (or Federal) Vendor / Recipient Determination Checklist, the Recipient has been determined to be a recipient of state financial assistance and/or a subrecipient of a federal award. Therefore, pursuant to Section 215.97, F.S. and/or OMB Uniform Guidance (2 CFR 200), the Recipient may be subject to the audit Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 17 of 29 104 FWC Agreement No. 24030 requirements of the Florida and/or Federal Single Audit Acts. If applicable, the Recipient shall comply with the audit requirements outlined in Attachment B, attached hereto and made a part of the Agreement, as applicable. Section 23. FEDERAL COMPLIANCE. As applicable, Recipient shall comply with all federal laws, rules, and regulations, including but not limited to: A. Clean Air Act and Water Pollution Control Act. All applicable standards, orders, or requirements issued under the Clean Air Act (42 U.S.C. 7401-7671q), and the Water Pollution Control Act (33 U.S.C. 1251-1387, as amended). B. Lacey Act, 16 U.S.0 3371-3378. This Act prohibits trade in wildlife, fish and plants have been illegally taken, possessed, transported or sold. C. Magnuson -Stevens Fishery Conservation and Management Act, 16 U.S.C. 1801-1884. This Act governs marine fisheries in Federal waters. D. Migratory Bird Treaty Act, 16 U.S.C. 703-712. The Act prohibits anyone, unless permitted, to pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry or cause to be carried by any means whatsoever, receive for shipment, transport of carriage, or export, at any time, or in any manner, any migratory bird, or any part, nest, or egg of such bird. E. Endangered Species Act, 16 U.S.C. 1531, et seq. The Act provides a program for the conservation of threatened and endangered plants and animals and the habitat in which they are found. The Act also prohibits any action that cause a "taking" of any listed species of endangered fish or wildlife. Also, generally prohibited are the import, export, interstate, and foreign commerce of listed species. Section 24. FEDERAL FUNDS. No Federal Funds are applied to this Agreement, therefore, the following terms and conditions do not apply. A. Prior Approval to Expend Federal Funds to Federal Agency or Employee. It is understood and agreed that the Recipient is not authorized to expend any federal funds under this Agreement to a federal agency or employee without the prior written approval of the awarding federal agency. B. Equal Employment Opportunity. Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Part 60-1.4). 41 CFR Part 60-1.4 is hereby incorporated by reference. C. Davis -Bacon Act. Unless exempt, the Davis -Bacon Act, 40 U.S.C. 3141-3148, as supplemented by Department of Labor regulations at 29 CFR Part 5, is applicable to contractors and subcontractors performing on federally Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 18 of 29 105 FWC Agreement No. 24030 funded or assisted contracts in excess of $2,000.00 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. Under this Act, contractors and subcontractors must pay their laborers and mechanics employed under the Agreement no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. Davis -Bacon Act does not apply if federal funding is solely provided by the American Rescue Plan Act (ARPA). D. Copeland "Anti -Kickback Act". i. Recipient. The Recipient shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as may be applicable, which are incorporated by reference into this Agreement. ii. Subcontracts. The Recipient or subrecipient/subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subrecipients/subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the compliance by any subrecipient/subcontractor or lower tier subrecipient/subcontractor with all these contract clauses. iii. Breach. A breach of the Agreement clauses above may be grounds for termination of the Agreement, and for debarment as a contractor and subcontractor as provided in 29 CFR § 5.12. E. Contract Work Hours and Safety Standards Act 29 CFR 5.5(b) Contract Work Hours and Safety Standards Act is hereby incorporated by reference. F. Rights to Inventions If this Agreement is supported by federal funds and meets the definition of "funding agreement" under 37 CFR Part 401.2(a) then the Recipient must comply with all requirements of 37 CFR Part 401. G. Energy Efficiency. Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871) applies. H. Debarment and Suspension Recipient Federal Certification i. This Agreement is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part 3000. As such, the Recipient is required to verify that none of the Recipient's principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are excluded (defined at 2 CFR § 180.940) or disqualified (defined at 2 CFR § 180.935). ii. The Recipient must comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by Recipient/Subrecipient. If it is later determined that the Recipient did not comply with 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C, in addition to remedies available to Recipient/Subrecipient, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 19 of 29 106 FWC Agreement No. 24030 iv. The Recipient agrees to comply with the requirements of 2 CFR Part 180, subpart C and 2 CFR Part 3000, subpart C while this offer is valid and throughout the period of any Agreement that may arise from this offer. The Recipient further agrees to include a provision requiring such compliance in its lower tier covered transactions. I. Byrd Anti -Lobbying Amendment Recipients awarded $100,000 or more in Federal funds shall file the required certification. Recipients shall file the required certification with the Commission's Grant Manager five (5) business days after Agreement execution. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 USC Part 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the Recipient who in turn will forward the certification(s) to the Commission. J. Procurement of Recovered Materials In the performance of this Agreement, the Recipient shall make maximum use of products containing recovered materials that are EPA -designated items unless the product cannot be acquired— a. Competitively within a timeframe providing for compliance with the Agreement performance schedule; b. Meeting Agreement performance requirements; or c. At a reasonable price. ii. Information about this requirement, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines. iii. The Recipient also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. K. Domestic Preference for Procurements i. As appropriate and to the extent consistent with law, the Recipient should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subcontracts including all contracts for work or products under this Agreement. ii. For purposes of this section: a. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 20 of 29 107 FWC Agreement No. 24030 b. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. L. Compliance with Office of Management and Budget Circulars. As applicable, Recipient shall comply with the following Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). M. Drug Free Workplace. Pursuant to the Drug -Free Workplace Act of 1988, the Recipient attests and certifies that the Recipient will provide a drug-free workplace compliant with 41 U.S.C. 81. N. American Rescue Plan Act (ARPA) of 2021. If this Agreement relies on ARPA federal funds, then the following shall apply: Recipients shall provide their Unique Entity Identifier (UEI) and any other financial information requested in the sam.gov financial registration process to the Commission prior to Agreement execution. ii. Public Law 117-2, American Rescue Plan Act of 2021, Title XI -Committee of Finance Subtitle M; Section 9901. iii. Coronavirus State Fiscal Recovery Fund (SFRF) (31 CFR Part 35). iv. Office of Management and Budget (OMB) Uniform Guidance (2 CFR 200). V. US Department of Treasury, Compliance and Reporting Guidance State and Local Recovery Funds, as amended. O. Build America, Buy America (BABA) provision of the Infrastructure Investment and Jobs Act (IIJA) of 2021. (117 P.L. 58). If federal funds are awarded to be used in this Agreement for any project involving construction, alteration, maintenance, or repair of infrastructure in the United States, and if the project involves infrastructure as defined by §70912(5) of BABA, which includes, but is not limited to roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; then: All iron and steel, manufactured products, and construction materials used in the project must be produced in the United States. ii. The BABA provision applies to all articles, materials, and supplies consumed in, incorporated into, or affixed to an infrastructure project for federal awards on or after May 14, 2022. iii. All subcontractors, successors, or assignees to this Agreement will be held to the same requirements as the original Parties to this Agreement. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 21 of 29 108 FWC Agreement No. 24030 iv. The BABA provision does not apply to tools, equipment, and supplies brought to the construction site and removed at or before completion of the infrastructure project. Nor does the BABA provision apply to equipment and furnishings used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. P. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to procure, obtain, extend or renew an agreement that utilizes telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). i. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). ii. Telecommunications or video surveillance services provided by such entities or using such equipment. iii. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Section 25. AGREEMENT RELATED PROCUREMENT. A. PRIDE. In accordance with Section 946.515(6), F.S., if a product or service required for the performance of this Contract is certified by or is available from Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) and has been approved in accordance with Subsection 946.515(2), F.S., the following statement applies: It is expressly understood and agreed that any articles which are the subject of, or required to carry out, this contract shall be purchased from [PRIDE] in the same manner and under the same procedures set forth in Subsections 946.515(2) and (4), F.S.; and for purposes of this contract the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for this agency insofar as dealings with such corporation are concerned. The above clause is not applicable to subcontractors unless otherwise required by law. Additional information about PRIDE and the products it offers is available at http://www.pride-enteMrises.org. B. Respect of Florida. In accordance with Subsection 413.036(3), F.S., if a product or service required for the performance of this Contract is on the procurement list established pursuant to Subsection 413.035(2), F.S., the following statement applies: It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the blind or for the severely handicapped that is qualified pursuant to Chapter 413, F.S., in the same manner and under the same procedures set Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 22 of 29 109 FWC Agreement No. 24030 forth in Subsections 413.036(1) and (2), F.S.; and for purposes of this contract, the person, firm or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the state agency insofar as dealings with such qualified nonprofit agency are concerned. Additional information about the designated nonprofit agency and the products it offers is available at hqp://www.respectofflorida.oriz. C. Procurement of Recycled Products or Materials. Contractor agrees to procure any recycled products or materials which are the subject of or are required to carry out this Contract in accordance with Section 403.7065, F.S. Section 26. INDEMNIFICATION. If the Recipient is a state agency or subdivision, as defined in Subsection 768.28(2), F.S., or as a governmental entity as defined in Subsection 287.012(14), F.S., neither Party indemnifies nor insures the other Party for the other Party's negligence. Recipient is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, employees, volunteers and agents. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the state of Florida, nor as a waiver of sovereign immunity of the state of Florida beyond the waiver provided for in section 768.28, F.S., as amended. If Recipient is not a state agency or subdivision as defined above, Recipient shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and the Commission, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Recipient, its agents, employees, partners, or subcontractors, provided, however, that Recipient shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or the Commission. The Commission reserves the right to select its counsel. Section 27. NON-DISCRIMINATION. No person, on the grounds of race, color, religion, gender, pregnancy, national origin, age, handicap, or marital status, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. Section 28. MEDIATION. In the event of any claim or dispute arising by or between the Commission and the Recipient, each party shall continue to perform as required under the Agreement, notwithstanding the existence of such claim or dispute, it being acknowledged that time is of the essence. This provision includes, but is not limited to, the obligation to continue to perform under the Agreement notwithstanding disputes as to amounts due for payment hereunder. Except for any claim, dispute, or matter in question that has been waived by the acceptance of final payment, or that is otherwise barred by the applicable statute of limitations or other provision of law, any claim, dispute, or other matter in question arising out of, or relating to, the Work or the Agreement or the breach thereof, shall be first submitted to non-binding mediation by a single mediator in Tallahassee, Florida The party making a claim or dispute shall notify the other in writing of its claim or dispute within ten working days of the event giving rise to the claim or dispute. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 23 of 29 110 FWC Agreement No. 24030 i. Such notice shall give the other party ten working days from receipt of the notice to respond in writing. ii. If the party initiating such notice is not satisfied with the response, then it shall invoke this clause initiating non-binding mediation by sending a demand for mediation in writing to the other party within seven (7) days. iii. The Parties have two weeks after notice to agree in writing upon a mediator. iv. If the Parties cannot agree upon a Florida Supreme Court certified mediator, then the Parties shall request the Chief Judge of the Second Judicial Circuit in Leon County, Florida, to appoint a Florida Supreme Court certified mediator. a. The mediator's fees shall be born equally by the Parties involved in the mediation and shall pay all of its own attorneys' fees and expenses related to the mediation unless otherwise agreed. b. Unless otherwise agreed by the Parties in writing, such mediation shall take place within forty- five (45) days of the appointment of, or agreement to, the mediator if the mediator's schedule so allows. The terms of this Agreement and any dispute relating thereto will be governed by the laws of the State of Florida, any litigation will be brought in the state or federal court in and for Tallahassee, Florida, and you agree to submit to the exclusive jurisdiction of the state and federal courts located in and for the Leon County, State of Florida. d. All Parties agree to negotiate in good faith in an effort to settle any dispute. All Parties shall have a representative present at mediation with the authority to settle the case. V. Any resolution achieved at mediation shall be set forth in a written settlement agreement. vi. The Recipient shall require all the dispute resolution provisions and requirements set out in this Section in each contract it makes with any Subcontractor, material supplier, equipment supplier, or fabricator. vii. In no event shall the demand for mediation be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations, or otherwise. Unless otherwise agreed in writing, the Recipient shall carry on the Work and maintain its performance of this Agreement during any claim, dispute, or mediation. If any matter sought to be mediated by the Commission or the Recipient involves a claim or other matter by or against the Consultant, any Subcontractor, any Separate Contractor, or any other third party, or any such entity is reasonably necessary to be joined in the mediation to permit a full and complete disposition of the dispute submitted hereunder, then the Consultant, Subcontractor, Separate Contractor or third party shall be joined by personal service of the notice demanding mediation. Such termination of the mediation shall not preclude any party from commencing any judicial proceeding in a court of competent jurisdiction in Leon County, Florida, providing the claims sought to be decided are not otherwise barred. Any demand for mediation and any answer to such demand must contain a written statement of each claim alleged and the dollar amount in controversy sought in each claim. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 24 of 29 111 FWC Agreement No. 24030 Should mediation fail to resolve the claim submitted, the Parties may then proceed to seek applicable remedies at law. The agreement to mediate set forth in this Section shall apply to, and become part of, any Subcontract, any contract into which these General Conditions are incorporated by reference or otherwise, and the Parties to such contract shall mediate all disputes arising out of, or in any way relating to, that contract or the Project in accordance with the provisions of this Section. Section 29. SEVERABILITY, CHOICE OF LAW, AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a dispute that arises out of or relates to this Agreement. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If a court or other tribunal finds any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and the remaining provisions of this Agreement. The Parties have selected the Second Judicial Circuit in Leon County, Florida, as the mandatory and exclusive forum for resolving any dispute, in law or equity, that arises out of or relates to the Parties' transactions. By signing this Agreement, Recipient affirms that Recipient considers the Second Judicial Circuit to be a fair and convenient forum for any legal action or other proceeding of any kind designed to resolve such a dispute. The Recipient will not initiate in any other forum a legal action or other proceeding to which this provision applies. Section 30. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the Parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement, including but not limited to any claim by the Recipient of quantum meruit. Section 31. NO THIRD -PARTY RIGHTS. The Parties hereto do not intend, nor shall this Agreement be construed, to grant any rights, privileges or interest to any person not a party to this Agreement. Section 32. PROHIBITION OF UNAUTHORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Recipient of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Recipient knowingly employs unauthorized aliens. Section 33. EMPLOYMENT ELIGIBILITY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires the Contractor to: 1.) utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Contractor during the Contract term; and 2.) include in all subcontracts under this Contract, the requirement that subcontractors performing work or providing services pursuant to this Contract utilize the E -Verify Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 25 of 29 112 FWC Agreement No. 24030 system to verify the employment eligibility of all new employees hired by the subcontractor during the term of the subcontract. B. E -Verify Online. E -Verify is an Internet -based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E -Verify system can be found online at httt)s://www.e-verifv.izov. C. Enrollment in E -Verify. As a condition precedent to entering a Contract with the Commission, Contractors and Subcontractors shall register with and use the E -Verify system. Failure to do so shall result in the Contract not being issued, or if discovered after issuance, termination of the Contract. D. E -Verify Recordkeeping. The Contractor further agrees to maintain records of its participation and compliance with the provisions of the E -Verify program, including participation by its subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Contractor's enrollment in the program. This includes maintaining a copy of proof of the Contractor's and subcontractors' enrollment in the E -Verify Program. If a contractor enters into a contract with a subcontractor, the subcontractor must provide the contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The contractor shall maintain a copy of such affidavit for the duration of the contract. E. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Contract and the Commission may treat a failure to comply as a material breach of the Agreement. If the Commission terminates the Contract pursuant to Section 448.095(2)(c) Florida Statute, the contractor may not be awarded a public contract for at least I year after the date on which the contract was terminated and the Contractor is liable for any additional costs incurred by The Commission as a result of the termination of this Contract. Section 34. FORCE MAJEURE AND NOTICE OF DELAY FROM FORCE MAJEURE. Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control, or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However, in the event of delay from the foregoing causes, the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph, the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Recipient believes is excusable under this paragraph, Recipient shall notify the Commission's Grant Manager in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose, if Recipient could reasonably foresee that a delay could occur as a result; or (2) within five (5) calendar days after the date Recipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE THE RECIPIENT'S SOLE REMEDY OR EXCUSE WITH Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 26 of 29 113 FWC Agreement No. 24030 RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. The Commission, in its sole discretion, will determine if the delay is excusable under this paragraph and will notify Recipient of its decision in writing. No claim for damages, other than for an extension of time, shall be asserted against the Commission. Recipient shall not be entitled to an increase in the Agreement price or payment of any kind from the Commission for direct, indirect, consequential, impact, or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Recipient shall perform at no increased cost, unless the Commission determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to the Commission or the State, in which case, the Commission may do any or all of the following: (1) accept allocated performance or deliveries from Recipient, provided that Recipient grants preferential treatment to the Commission with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Recipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate the Agreement in whole or in part. Section 35. TIME IS OF THE ESSENCE. Time is of the essence regarding the performance obligations set forth in this Agreement. Any additional deadlines for performance for Recipient's obligation to timely provide deliverables under this Agreement including but not limited to timely submittal of reports, are contained in Attachment A. Section 36. REPORTING REQUIREMENTS CONCERNING EXECUTIVE ORDER 20-44. This term does not apply to governmental entities. If this Agreement is a sole -source, public-private agreement or if the Recipient, through this Agreement with the State, annually receives 50% or more of their budget from the State or from a combination of State and Federal funds, the Recipient shall provide an annual report (Executive Order 20-44 Attestation Form, Attachment C), including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Recipient must also inform the Commission's Grant Manager of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Recipient. Section 37. MEDIA REQUESTS. Recipients shall refer all requests by the media or public relations personnel to the Commission's Grant Manager. Recipients must submit a written request for permission before consulting with the media and the Commission will provide consultation and talking points. Recipients will not issue news releases, respond to questions, or make statements on behalf of the Commission or its partners without prior direction and the Commission's written approval. Production and filming requests related to this Agreement shall be processed through the Commission only. Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 27 of 29 114 FWC Agreement No. 24030 Section 38. USE OF SMALL UNMANNED AIRCRAFT SYSTEMS Unless superseded or otherwise further described in Attachments A, if the Recipient intends to use a small unmanned aircraft system (sUAS) at any time throughout the duration of the Agreement, the Recipient shall request approval from the Commission, in writing, prior to use. Upon request by the Commission, the Recipient shall provide all required documentation, such as license or certification, flight plans, and registrations. The Commission will notify the Recipient in writing of the approval or rejection of the request. If approved, the Recipient will be provided with the Commission's policies, and is responsible and liable for adhering to any and all rules and regulations, including the Commissions policies, applicable to operating sUAS. Section 39. ENTIRE AGREEMENT. This Agreement with all incorporated attachments and exhibits represents the entire Agreement of the Parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, and duly signed by each of the Parties hereto, unless otherwise provided herein. In the event of conflict, the following order of precedence shall prevail: this Agreement and its attachments, the terms of the solicitation and the Recipient's response to the solicitation. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 28 of 29 115 FWC Agreement No. 24030 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. RECIPIENT EXECUTION SIGNATURE COMMISSION EXECUTION SIGNATURE Indian River County BOCC Florida Fish and Wildlife Conservation Commission Recipient Signature Executive Director (or Designee) Signature Print Name Print Name Title Title Date Date ATTACHMENTS Attachments in this Agreement include the following: • Attachment A, Scope of Work • Attachment B, Requirements of the Federal and Florida Single Audit Acts • Attachment C, Derelict Vessel Removal Best Management Practices • Attachment D, Letter of Return on Investment for the State • Attachment E, Sample Invoice Form • Attachment F, Monthly Progress Report • Attachment G, Certificate of Completion • Attachment H, Grantee's Required Documentation Submission List • Attachment I, DV Grant Monitoring Guidelines Recipient/Subrecipient Agreement Last Revised: 3.20.2023 Page 29 of 29 116 ATTACHMENT A SCOPE OF WORK FWC Contract No. #24030 Section 1. PURPOSE OR PROJECT WORKPLAN A. Description of Good/Service Indian River County BOCC will remove and dispose of 5 derelict vessels from the public waters of the state within the jurisdiction of the Indian River County BOCC. B. Background The removal and disposal of these derelict vessels will improve boating safety by removing hazards to navigation. This project will also help to restore sensitive marine resources and improve water quality. C. Support of Commission Mission / Return on Investment The Commission's mission is to conserve fish and wildlife resources for their long-term well-being and the benefit of people. This includes preservation of habitat and the environment. The waters of the State, like Florida's fish and wildlife, belong to the people of Florida, and the FWC is entrusted by the people of Florida to take care of these resources. Removing derelict vessels from the waters of the State maintains water quality both for Florida's fish and wildlife resources and a diverse, growing population of people using the waterways. Section 2. TERMINOLOGY/ACRONYMS None Section 3. DELIVERABLES 1. DELIVERABLE #1 Removal and disposal of 5 derelict vessels from the public waters of the State. 1.1. Specific Project Deliverables and Associated Tasks - The Grantee shall provide all labor, equipment, and materials to remove the derelict vessels listed below from the public waters of the state within the jurisdiction of the Indian River County BOCC and properly dispose of the vessels in the designated disposal location: 1. Case #: FWC2 I ON0006601 Description: Blue 32' Wayfarer Sailboat, Reg: FL4188CB HIN: FLZ1185770865 Location: 27 37.0407 (l) / 80 22.2748 (W), ICW Westshore Line CM 150 Disposal: Dispose of in authorized landfill facility 2. Case #: FWC230N0060348 Description: White 27' Walkins Yacht Sailboat, Reg: FL9599DC HIN: WYM27256M79L Location: 27 38.9872 (l) / 80 22.2226 (W), Indian River Lagoon Near Riverside Park Disposal: Dispose of in authorized landfill facility 117 Indian River County BOCC Derelict Vessel Removal Project FWC Contract No. #24030 3. Case #: FWC220N0088129 Description: White 30' Unknown Sailboat, Reg: Unknown HIN: Unknown Location: 27 49.6324 (1) / 80 28.1706 (W), Indian River Lagoon East of IR3 Disposal: Dispose of in authorized landfill facility 4. Case #: FWC220NO100409 Description: White 34' Unknown Sailboat, Reg: Unknown HIN: Unknown Location: 27 49.6330 (N) / 80 28.1629 (W), Indian River Lagoon IR3 Disposal: Dispose of in authorized landfill facility 5. Case #: FWC230N0105066 Description: White 41' Gulfstar, Sailboat, Reg: D0550986 HIN: GFSO4123M73K Location: 27 49.4781 (1) / 80 28.2801 (W), IRL North of Captain Hiram's Resort Disposal: Dispose of in authorized landfill facility 1.2. Minimum Level of Performance - The vessels and all parts of the vessels listed above shall be completely removed from the waters of the State and all parts of the vessels shall be disposed of as provided. As part of satisfactory completion of this Agreement, the Grantee shall provide to the Commission all documentation required by Attachment H (Grantee's Required Documentation Submission List) at or before the time stated in Attachment H. 1.3. Documentation/Criteria for Evaluating the Successful Completion of Deliverable Performance Measure(s) - The Grantee shall provide to the Commission a Final Disposition Report. This report shall contain the list of all derelict vessels removed, the disposition of each derelict vessel, and photographs that document the condition of each vessel prior to removal, the removal process for each vessel, and the final disposition of each vessel. 1.4. Timeline for Completion - Final receipts with required evidence of completion will be received by the Commission's Grant Manager no later than 8/28/2024 1.5. Acknowledgment by Grantee's Contractors: For each vessel removed and disposed of pursuant to this Agreement the Grantee shall provide to the Commission written acknowledgement from all of Grantee's contractors of receipt of a copy of this Agreement. Such acknowledgment(s) may be emailed to the Grant Manager and must be received before any work begins under this Agreement. Failure to submit such acknowledgment(s) may result in delays in reimbursement of the Grantee. Section 4. PERFORMANCE MEASURES A. Acceptance of Agreement: The Grantee will accept the agreement, and have it signed and returned to the Commission within 30 days of receipt. Failure to have the agreement returned within the specified time will render the agreement null and void. In some cases, the Commission will allow a modified return time with prior notice and approval from the Commission's Grant Manager. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 2 of 5 118 Indian River County BOCC Derelict Vessel Removal Project FWC Contract No. #24030 B. Commencement of Work: The Grantee shall commence work on the overall project as soon as notified by the Commission of the agreement execution. Failure by the Grantee to execute the work within 60 days of agreement execution shall result in the agreement being null and void, unless prior approval for a delay is granted by the Commission's Grant Manager. C. Procurement: The Grantee shall procure goods and services through a competitive solicitation process in accordance with Chapter 287, Florida Statutes. The Grantee has already included in the application the quote provided by the contractor chosen for the task and the Commission will pay to the Grantee 100 percent of the quoted price for each task or 100 percent of the actual cost if less than the quoted price. The Grantee will ensure that the selected contractor has adequate insurance and is qualified to do the work. A copy of the state's Derelict Vessel Removal Best Management Practices, attached as Attachment C, will provide guidance as to whether or not the selected contractor is qualified to do the work. D. Closeout: Final receipts with required evidence of completion will be received by the Commission's Grant Manager no later than 8/28/2024. Section 5. CONTRACT MONITORING A. Compliance Monitoring and Corrective Actions The Commission will monitor the Grantee's service delivery to determine if the Grantee has achieved the required level of performance. If the Commission in its sole discretion determines that the Grantee failed to meet any of the terms or conditions of this Agreement, the Grantee will be sent a formal written notice. The Grantee shall correct all identified deficiencies within forty-five (45) days of notice. Failure to achieve 100% compliance with all of the terms and conditions of this Agreement or failure to correct the deficiencies identified in a notice identifying deficiencies within the time frame specified may result in delays in payment or termination of this Agreement in accordance with the terms of the Agreement. B. Site Inspections: The Commission may inspect the Project site prior to and, if applicable, during the removal of project vessels. The Grantee shall notify the Commission's Grant Manager when the Project has reached substantial completion so that inspection may occur in a timeframe allowing for the timely submission and processing of the final invoice. The Commission's Grant Manager, or designee, shall inspect the work accomplished on the project and, if deemed complete and in compliance with the terms of the Agreement, approve the request for payment. All derelict vessel removal sites will be inspected by a Commission officer to verify the complete removal of the vessel as described in the Agreement. C. Project Progress Reports: The Grantee shall submit to the Commission, on a monthly basis, project progress reports outlining the progress of the project, and identifying any problems that may have arisen and actions taken to correct such problems. Such reports shall be submitted on the Project Monthly Progress Report Form attached hereto and made a part hereof as Attachment F. Reports are due to the Commission's Grant Manager by the 15th of the month immediately following the reporting period until the Certificate of Completion is submitted. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 3 of 5 119 Indian River County BOCC Derelict Vessel Removal Project FWC Contract No. #24030 D. Best Management Practices: The Grantee shall ensure that the contractor chosen to complete the tasks as indicated in this Scope of Work are both able and instructed to follow state Derelict Vessel Removal Best Management Practices (BMPs), (Attachment C). Failure to follow these BMPs may subject both the contractor and the Grantee to State or Federal fines and penalties if it is shown that these practices were not followed. E. Certificate of Completion: Upon completion of the Project, the Grant Manager for the Grantee shall sign a Certificate of Completion form, Attachment G, attached hereto and made a part hereof, that certifies the project was completed in accordance with this Scope of Work and the Agreement. For reporting purposes this project will be submitted to the Executive Office of the Governor, a Letter of Return on Investment for the State is attached hereto and made part thereof as Attachment D to this agreement. Section 6. COMPENSATION AND PAYMENT A. Fee Schedule For satisfactory completion of the tasks described in this Scope of Work, by the Grantee under the terms of this Agreement, the Commission shall pay the Grantee on a cost reimbursement basis in an amount not to exceed $33,600.00. The Grantee shall be reimbursed only for budgeted expenses that are directly related to the removal and disposal of vessels within the project. i. Cost Share: The Grantee is not required to provide any cost share of the total cost of the project as indicated in the FWC Derelict Vessel Removal Grant Guidelines. The total compensation by the Commission shall be $33,600.00 or 100% of the total cost for the project, whichever is less. ii. Salvage Value: The Grantee shall be entitled to the salvage value of any grant -designated derelict vessel, or any part(s) or accessories thereof, not used in the construction of a permitted artificial reef site, excluding the hull. All such salvage activities not essential to the physical removal of a derelict vessel shall be accomplished after the vessel has been removed from public waters. The salvage value of each vessel shall be deducted by the Grantee when determining the reimbursement request for the removal and disposal costs for each derelict vessel. Vessel hulls must be destroyed and not salvaged in whole. All salvaged materials from such vessels must be removed from the vessels before being sold for salvage. By law, such salvage values must offset the cost of removal to be allowed. B. Invoice Schedule The Grantee shall submit one invoice at the completion of all project tasks and deliverables. C. Travel Expenses Reimbursement for travel expenses is not authorized under this Agreement. D. Forms and Documentation The request for reimbursement shall include an invoice in a format similar to Attachment E, Sample Invoice Form, which shall include the FWC Agreement Number, the Grantee's Federal Employer Identification (FEID) Number, and the dates of service. The invoice shall be accompanied by: • Attachment G: Certificate of Completion (completed); Attachment A: Scope of Work Last Revised: 3.23.2023 Page 4 of 5 120 Indian River County BOCC Derelict Vessel Removal Project FWC Contract No. #24030 • Photographs in accordance with Section 3. Deliverables 1.3. The Commission case number and this Agreement's Contract number are required to be on each photo submitted.; • An itemized list of all project expenditures; • A copy of the Contract(s) between the Grantee and the Contractor(s) selected to complete the project; • If the Grantee's selected contractor uses a sub-contractor(s) in the completion of the deliverables in this Agreement, the Grantee shall submit a copy of the sub -contractor's agreement with the Grantee's selected contractor(s) to the Commission. Such agreements are required to be in place for all work performed under this Agreement by a subcontractor.; • An invoice from the Grantee's contractor(s) showing the total price for the removal and disposal of each vessel that is authorized to be removed under this Agreement. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission; • Proof of payment by the Grantee to the Grantee's contractor(s), which may be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the contractor(s) must match the amount included on the invoice to the Commission. If amounts are paid by the Grantee to the contractor(s) for services not associated with this Agreement, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. Section 7. FINANCIAL CONSEQUENCES In addition to nonpayment for tasks which are not satisfactorily or timely completed, or for failure to correct any project deficiencies, as noted in the final project inspection, the Commission may impose a financial consequence of twenty percent (20%) of the total contract amount for failure to complete any tasks satisfactorily or timely, or for failure to correct any project deficiencies, as noted in the final project inspection. The final project inspection will be done by a Commission officer verifying that the entire vessel for each task has been removed according to the project plan. Failure of Grantee to have all receipts and evidence of project performance delivered to FWC on or before 8/28/2024 before close of business may jeopardize payment of funds to the Grantee per the Agreement. Attachment A: Scope of Work Last Revised: 3.23.2023 Page 5 of 5 121 FWC Agreement No. FWC-24030 Attachment B AUDIT REQUIREMENTS The administration of resources awarded by the Florida Fish and Wildlife Conservation Commission (Commission) to the Grantee may be subject to audits and/or monitoring by the Commission as described in Part II of this attachment regarding State funded activities. If this Agreement includes a Federal award, then Grantee will also be subject to the Federal provisions cited in Part I. If this Agreement includes both State and Federal funds, then all provisions apply. MONITORING In addition to reviews of audits conducted in accordance with Sections 200.500-200.521, Uniform Guidance: Cost Principles, Audit, and Administrative Requirements for Federal Awards (2 CFR 200), as revised, hereinafter "OMB Uniform Guidance" and Section 215.97, F.S., as revised (see "AUDITS" below), the Commission may conduct or arrange for monitoring of activities of the Contractor. Such monitoring procedures may include, but not be limited to, on-site visits by the Commission staff or contracted consultants, limited scope audits as defined by Section 200.331, OMB Uniform Guidance and/or other procedures. By entering into this Contract, the Grantee agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Commission. The Grantee further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Florida Department of Financial Services or the Florida Auditor General. AUDITS PART I: FEDERALLY FUNDED. If this Agreement includes a Federal award, then the following provisions apply: A. This part is applicable if the Grantee is a State or local government or a non-profit organization as defined in Sections 200.90, 200.64, or 200.70, respectively, OMB Uniform Guidance. B. In the event that the Grantee expends $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) or more in Federal awards in its fiscal year, the Grantee must have a single or program -specific audit conducted in accordance with the provisions of the Federal Single Audit Act of 1996 and Sections 200.500-200.521, OMB Uniform Guidance. EXHIBIT 1 to this Attachment indicates Federal resources awarded through the Commission by this Agreement. In determining the Federal awards expended in its fiscal year, the Grantee shall consider all sources of Federal awards, including Federal resources received from the Commission. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by Sections 200.500-200.521, OMB Uniform Guidance. An audit of the Grantee conducted by the Auditor General in the OMB Uniform Guidance, will meet the requirements of this part. C. In connection with the audit requirements addressed in Part I, paragraph A. herein, the Grantee shall fulfill the requirements relative to auditee responsibilities as provided in Section 200.508, OMB Uniform Guidance. This includes, but is not limited to, preparation of financial statements, a schedule of expenditure of Federal awards, a summary schedule of prior audit findings, and a corrective action plan. D. If the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after December 26, 2014) in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 ($750,000.00 for fiscal years beginning on or after Attachment B rev.6.15.15 Page 1 of 6 122 FWC Agreement No. FWC-24030 December 26, 2014) in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from Grantee resources obtained from other than Federal entities). E. Such audits shall cover the entire Grantee's organization for the organization's fiscal year. Compliance findings related to contracts with the Commission shall be based on the contract requirements, including any rules, regulations, or statutes referenced in the Contract. The financial statements shall disclose whether or not the matching requirement was met for each applicable contract. All questioned costs and liabilities due to the Commission shall be fully disclosed in the audit report with reference to the Commission contract involved. Additionally, the results from the Commission's annual financial monitoring reports must be included in the audit procedures and the Sections 200.500-200.521, OMB Uniform Guidance audit reports. F. If not otherwise disclosed as required by Section 200.510, OMB Uniform Guidance, the schedule of expenditures of Federal awards shall identify expenditures by contract number for each contract with the Commission in effect during the audit period. G. If the Grantee expends less than $500,000.00 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, is not required. In the event that the Grantee expends less than $500,000.00 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Sections 200.500-200.521, OMB Uniform Guidance, 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 Grantee's resources obtained from other -than Federal entities). H. A web site that provides links to several Federal Single Audit Act resources can be found at: httys://harvester.census.gov/facweb/Resources.aspx PART H: STATE FUNDED. If this Agreement includes State funding, then the following provisions apply: This part is applicable if the Grantee is a non -state entity as defined by Section 215.97, F.S., (the Florida Single Audit Act). A. In the event that the Grantee expends a total amount of state financial assistance equal to or in excess of $500,000.00 in any fiscal year of such Grantee, the Grantee must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, F.S.; applicable rules of the Executive Office of the Governor and 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 1 to this Attachment indicates state financial assistance awarded through the Commission by this Contract. In determining the state financial assistance expended in its fiscal year, the Grantee shall consider all sources of state financial assistance, including state financial assistance received from the Commission, other state agencies, and other non -state entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a non -state entity for Federal program matching requirements. B. In connection with the audit requirements addressed in Part II, paragraph A herein, the Grantee shall ensure that the audit complies with the requirements of Section 215.97(7), F.S. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Attachment B rev.6.15.15 Page 2 of 6 123 FWC Agreement No. FWC-24030 C. If the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year, an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. In the event that the Grantee expends less than $500,000.00 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the Grantee's resources obtained from other -than State entities). D. Additional information regarding the Florida Single Audit Act can be found at: https:Happs.fldfs.com/fsaa/. E. Grantee shall provide a copy of any audit conducted pursuant to the above requirements directly to the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 PART III: REPORT SUBMISSION A. Copies of reporting packages, to include any management letter issued by the auditor, for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment shall be submitted by or on behalf of the Grantee directly to each of the following at the address indicated: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2. The Federal Audit Clearinghouse designated in Section 200.512, OMB Uniform Guidance (the reporting package required by Section 200.512, OMB Uniform Guidance, should be submitted to the Federal Audit Clearinghouse): Federal Audit Clearinghouse Bureau of the Census 1201 East 10' Street Jeffersonville, IN 47132 3. Other Federal agencies and pass-through entities in accordance with Section 200.512, OMB Uniform Guidance. B. Copies of audit reports for audits conducted in accordance with Sections 200.500-200.521, OMB Uniform Guidance, and required by Part I of this Attachment (in correspondence accompanying the audit report, indicate the date that the Grantee received the audit report); copies of the reporting Attachment B rev.6.15.15 Page 3 of 6 124 FWC Agreement No. FWC-24030 package described in Section 200.512, OMB Uniform Guidance, and any management letters issued by the auditor; copies of reports required by Part H of this Attachment must be sent to the Commission at the addresses listed in paragraph C. below. C. Copies of financial reporting packages required by Part 11 of this Attachment, including any management letters issued by the auditor, shall be submitted by or on behalf of the Grantee directly to each of the following: 1. The Commission at the following address: Chief Financial Officer Florida Fish and Wildlife Conservation Commission Bryant Building 620 S. Meridian St. Tallahassee, FL 32399-1600 2) The Auditor General's Office at the following address: Auditor General's Office G74 Claude Pepper Building 111 West Madison Street Tallahassee, FL 32399-1450 D. Any reports, management letter, or other information required to be submitted to the Commission pursuant to this Contract shall be submitted timely in accordance with OMB Sections 200.500-200.521, OMB Uniform Guidance, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Grantees and sub -Grantees, when submitting financial reporting packages to the Commission for audits done in accordance with Sections 200.500-200.521, OMB Uniform Guidance, or Chapters 10.550 (local governmental entities) or 10.650 (non-profit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Grantee/sub-Grantee in correspondence accompanying the reporting package. - End of Attachment B — Attachment B rev.6.15.15 Page 4 of 6 125 FWC Agreement No. FWC-24030 Exhibit 1 FEDERAL AND STATE FUNDING DETAIL FEDERAL RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Pro rams Funds CFDA # CFDA Title Amount N/A Total Federal Awards COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Federal Pro rams Compliance Requirements CFDA # Compliance Requirements N/A STATE RESOURCES AWARDED TO THE GRANTEE PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Matching Funds Provided b CFDA CFDA # CFDA Title Amount of Matching Funds Total Matching Funds Associated with Federal N/A Programs SUBJECT TO SECTION 215.97, FLORIDA STATUTES: State Project(s) CSFA # CSFA Title Amount 77.005 FWC Derelict Vessel Removal Grant Program $33,600.00 Total State Awards $33,600.00 Attachment B rev.6.15.15 Page 5 of 6 126 FWC Agreement No. FWC-24030 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: State Project(s) Compliance Requirements CSFA # Compliance Requirements 77.005 Must adhere to FWC Derelict Vessel Removal Grant Program Guidelines (November 2019 NOTE: Section 200.513, OMB Uniform Guidance (2 CFR 200), as revised, and Section 215.97(5), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Grantee. - End of EXFIIBIT 1 - Attachment B rev.6.15.15 Page 6 of 6 127 Best Management Practices for DV removal Derelict Vessel Removal Process i s Attachment Contract FW 24030 Derelict vessels are existing impacts to the environment as well as boating safety hazards, impediments to navigation, and esthetic nuisances. Typically these vessels are found grounded on the edges of active waterways where they may have physical impacts on benthic and shoreline communities. However, the impact of these vessels is not limited to their immediate location. If left unattended, the influences of winds and tides continue to push the boats causing greater impact as they become more deeply mired into the environment. Early extraction of these vessels will avoid and minimize the environmental impacts. In addition to these physical impacts resulting from the movement of these vessel through the environment; there is the long term effect caused by their continued degradation and decay in the marine environment. These vessels may be constructed of various materials, such as wood, steel, aluminum, or fiberglass; each having varying degrees of resilience and can remain in the marine environment for extended periods of time. With the progression of time; the environmental impacts increase with the shading from the hull and displacement of live bottom and emergent vegetative communities resulting from the expansion of the debris field as the vessels disintegrates. The impacts resulting from the removal of these vessels during any stage is less than the impacts caused by the long-term presence of the vessel in the marine environment. Therefore the early detection and removal of these abandoned and derelict vessels is the best means of minimizing the individual or cumulative impacts to the environment. Derelict Vessel Removal (FDEP) Permit Exemption An Exemption under Florida Administrative Code Chapter 62-330-051(5)(g) by Florida Department of Environmental Protection, has been established for the removal of derelict vessels. Based on the presumption that the extraction of these vessels from the marine environment will cause only minimal environmental impacts and in turn avoid the long-term impacts resulting from the degradation of the vessel at it current location. The environmental impacts are ameliorated by the application of the best management practices referenced below. Florida Administrative Code Chapter 62-330-051(5)(g) (g) The removal of derelict vessels, as defined in Section 823.11(1), F.S., by federal, state, and local agencies, provided: 1. The derelict vessel case has been completed as specified in Section 705.103, F.S., and has been entered into the Statewide Derelict Vessel Database maintained by the Florida Fish and Wildlife Conservation Commission; 128 2. All work is done in a manner that, to the greatest practicable extent, avoids additional dredging or filling, grounding or dragging of vessels, and damage to submerged resources such as seagrass beds, oyster beds, coral communities, mangroves, other wetlands, and live bottom; and 3. An absorbent blanket or boom shall be immediately deployed on the surface of the water around the derelict vessel if fuel, oil, or other free-floating pollutants are observed during the work. General Derelict Vessel Removal and Environmental Protection Best Management Practices The following best management practices (BMP's) will be employed by the marine contractor during the removal of derelict vessels. These BMP's will be incorporated into the contact for each vessel removal project. The marine contractor selected for the project will be required to show proof of their ability to meeting the BMP requirements with their contingency of equipment, staff and expertise in the removal of derelict vessels. Compliance with these BMP's will be monitored by the County and by local Florida Fish and Wildlife Conservation Commission law enforcement officers. These BMP's are as follows: a. All Work Is To Meet The Following Requirements: 1. Operations are to be limited to daylight hours. 2. Operations are to be staged from an upland area. 3. All work is to be performed in a manner that avoids and/or minimizes impacts to live bottom and other resource areas (e.g., seagrass beds, oyster beds, wetlands, mangroves, and other sensitive habitats) while approaching, working in, and leaving the derelict vessel site. 4. All work shall avoid impacts to manatees, sea turtles, and other species listed by the state and federal government as threatened or protected. 5. The Contractor will remove all contaminants and pollutants including fuels, batteries, paints, solvents, and engine from the derelict vessel prior to, or immediately after extraction, whichever option is best to prevent environmental impacts. Any contaminant or pollutant found to be contained within a derelict vessel shall be removed by the Contractor, placed in an approved container, and disposed of properly. The placement of an absorbent blanket on the surface of the water around the derelict vessel within the turbidity barrier is required where free floating product (gas/oil) is observed. 6. The Contractor is to provide appropriate best management practices (BMPs) approved by the Florida Department of Environmental Protection for erosion control and turbidity 129 protection while each derelict vessel is being removed. In areas of low to moderate currents, a Type II floating turbidity barrier will be installed within a ten (10) foot radius of the vessel being removed prior to starting any removal activities. The turbidity barrier shall be anchored to the bottom of the waterway. 7. The Contractor is to provide appropriate BMPs for erosion control and turbidity prevention around the vessels/barges being used to remove the derelict vessel and around the perimeter of any upland staging site (where necessary). 8. The Contractor is to monitor turbidity levels throughout removal work. 9. In an effort to reduce turbidity, a crane, winch and/or approved alternate method is to be used to raise the derelict vessel from the water. 10. The Contractor will assess turbidity levels and allow them to return to an acceptable level similar to pre -project condition prior to removal of turbidity measures. 11. The dragging of vessels is to be avoided both on and off -shore. All vessels/barges used in vessel removal shall continually monitor water depths to avoid running aground. 12. The Contractor will load derelict vessels onto a barge and/or flat bed truck (or similar) for proper disposal. 13. The Contractor is to photo -document all removals as described in Paragraph (2)(a) of the Scope of Work with pictures taken before, during and after removal. The Contractor will provide a monthly progress report of all removal activities. b. For Derelict Vessels That Are Floating or Lightly Aground: 1. The vessel is to be pumped out as needed and extracted (floated out) during high water. 2. Following extraction, the vessel is to be towed from the grounded location to a boat ramp or other removal point while avoiding and/or minimizing impacts to live bottom areas. c. For Derelict Vessels That Are Hard Aground: 1. The vessel is to be approached using shallow draft vessels. 2. The vessel is to be extracted using a crane from a shallow draft deck barge, by hand using the best available tools, or similar approach to minimize impacts to the site and surrounding areas. d. For Derelict Vessels Sunken in Shallow Water: 1. Install and inflate flotation bags as needed. 2. Lift the vessel with barge mounted crane or similar equipment. 130 4�SH ANOAFWC greement Number: CAttachment, r L �9 - r1r ��9TIUN COcP Florida Fish To: FWC Contract 24030, Indian River County BOCC and Wildlife From: Phil Horning, Contract Manager Conservation RE: Return on Investment Reporting Commission Commissioners � The ultimate objective is for the vessels to be removed from the water at the Chief Conservation Officer This Memorandum is to document the Return of Investment reporting language as Rodney Barreto value to our states natural resources and reduces restoration costs. Derelict vessels Chairman mandated and approved by Florida's Executive Office of the Governor, Office of Coral Gables Policy and Budget, in to FWC Contract 24030 Steven Hudson frequently sink or break apart thereby increasing removal costs. By eliminating Vice Chairman these hazards from navigation, there is a reduced chance of injury or death Fort Lauderdale resources for their long-term Return of Investment reporting: Preston Farrior risk to the boater, county and state. Tampa average cost for vessels removed and the average cost per linear foot will also be Gary Lester Oxford � The ultimate objective is for the vessels to be removed from the water at the Chief Conservation Officer earliest possible time to prevent additional removal costs and potential damage by Albert Maury value to our states natural resources and reduces restoration costs. Derelict vessels Coral Gables interfering with navigation or the environment. Removing vessels at the earliest Gary Nicklaus possible time reduces the cost of removing vessels at a later time when they Jupiter frequently sink or break apart thereby increasing removal costs. By eliminating Sonya Rood these hazards from navigation, there is a reduced chance of injury or death St. Augustine resources for their long-term associated with a collision between a boater and a derelict vessel thereby reducing Office of the risk to the boater, county and state. Executive Director average cost for vessels removed and the average cost per linear foot will also be Roger A. Young included. The report will measure the percentage of derelict vessels removed for Executive Director Removing a greater number of derelict vessels reduces the number of Charles "Rett" Boyd environmental incidents of pollution caused by spilled fuels and oils and the Assistant Executive Director leaching of caustic chemicals into the waters of the state. A reduction of derelict George Warthen vessel damage to sea grasses, corals, and other benthic resources also increases Chief Conservation Officer value to our states natural resources and reduces restoration costs. Derelict vessels Jessica Crawford Chief of Staff can also be a blight on working waterfronts, resort and residential areas. This blight can negatively affect the economy of these areas including use, sales and 850-487-3796 850-921-5786 FAX tourism. Managing fish and wildlife resources for their long-term Analysis at the program's conclusion will list the number of derelict vessels and/or well-being and the benefit of people. total linear feet removed for both individual counties and the statewide total. The average cost for vessels removed and the average cost per linear foot will also be included. The report will measure the percentage of derelict vessels removed for 620 South Meridian Street both counties and the entire state based on the pre-program totals as listed in the Tallahassee, Florida Statewide Derelict Vessel Database. 32399-1600 Voice: 850-488-4676 Hearing/speech-impaired: 800-955-8771(T) 800 955-8770 (V) MyFWC.com 131 Billed to: Fish and Wildlife Conservation Commission FWC Derelict Vessel Removal Grant Program 620 South Meridian Street Tallahassee, Florida 32399-1600 Remit payment to: Grantee: Indian River County BOCC FEID #: 59-60000674 Address: 1801 27th Street, Bldg A Vero Beach, FL 32960 INVOICE Attachment E Invoice No. 24030 Invoice Date: Vendor Enter Date FWC Contract #: FWC- 24030 Amount of Grant Award: $33,600.00 Billing Period/Dates of Service: From: Vendor Enter Date (Date Contactor Began Work) To: Vendor Enter Date (Date Contractor Completed Work) PROJECT COSTS: Deliverables/Services Provided (Scope of Work) — Cash expenditures: Amount Vessel 1) FWC21ON0006601; Blue 32' Wayfarer, Sailboat, Reg: FL4188CB $4,800.00 Vessel 2) FWC230N0060348; White 27' Walkins Yacht, Sailboat, Reg: FL9599DC $4,100.00 Vessel 3) FWC220N0088129; White 30' Unknown, Sailboat, Reg: Unknown $8,000.00 Vessel 4) FWC220N0100409; White 34' Unknown, Sailboat, Reg: Unknown $6,800.00 Vessel 5) FWC230N0105066; White 41' Gulfstar, Sailboat, Reg: D0550986 $9,900.00 Total Project Cost: $33,600.00 Grantee Share (0%): — $ N/A Amount for Reimbursement: $33,600.00 I hereby certify that the above costs are true and valid costs incurred in accordance with the project Agreement, and that the matching funds, in-kind or cash, were utilized toward the project in this Agreement. Signed: Project Manager Page 1 Date: 132 FWC Contract No. FWC: 24030 Attachment F FLORIDA DERELICT VESSEL REMOVAL GRANT PROGRAM MONTHLY PROGRESS REPORT Mail to FWC at 620 South Meridian Street, Tallahassee, FL 32399-1600 or fax to (850) 488-9284. FWC Contract # 24030 Reporting Period (Month/Year): -YtndQr to Complete= (Due 15 days after the end of each month) Grantee: Indian River County BOCC Project Title: Indian River County BOCC Derelict Vessel Removal Project 1. Describe progress of project, including percent completed for each task in the Scope of Work: 2. Is project currently on schedule for completion by due date? YES ❑ NO ❑ Anticipated completion date:Vendor- Click Here to Enter Completion Date (If project is not on schedule, please explain any problems encountered and/or possible delays) 3. Reporting requirements: (Check all that have been submitted to date) ❑ Bid package ❑ Bid tabulation ❑ Progress photographs ❑ Final photographs Project Manager Vendor to Complete Print Name Page 1 of 1 Vendor- Click Here to Enter Date Date Vendor to Complete Phone 133 FWC Contract No. FWC- 24030 Attachment G FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Derelict Vessel Removal Grant Program CERTIFICATION OF COMPLETION STATEMENT I, Melissa Meisenburg, Representing Indian River County BOCC, do hereby certify that the FWC Derelict Vessel Removal Grant Program project funded by FWC Contract No. 24030, has been completed in compliance with all terms and conditions of said Agreement; that all amounts payable for materials, labor and other charges against the project have been paid; and that no liens have been attached against the project. (Signature) Click or tap to enter a date._ (Date) WARNING: "Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083." § 837.06, Florida Statutes. CERTIFICATE BY COMMISSION I certify: That, to the best of my knowledge and belief, the work on the above-named project has been satisfactorily completed under the terms of the Agreement. Division: By: Name: Title: Date: 134 Attachment — H FWC Contract: 24034 Grantee's Required Documentation Submission List The following is a list of the documents that must be provided by the Grantee to the FWC Derelict Vessel Program Manager/Contract Manager and when each must be received by the Commission. Failure of the Grantee to provide these documents when required may subject the Grantee to delays in reimbursement and/or financial penalties. Acknowledgement of Receipt of Agreement/Contract by Contractor: A copy of the Agreement/Contract between the Commission and the Grantee must be issued to the Grantee's contractor, and the Grantee shall submit acknowledgement of receipt by the contractor to the Commission DV Program Administrator. Due to the Commission before any work under the Agreement/Contract begins. Grantee's written proof of Liability Insurance (or self-insurance): Due to the Commission within 15 days of Agreement/Contract Execution. - Grantee's written verification of being registered with E -Verify: Due to the Commission within 15 days of Agreement/Contract Execution. Contractor's and subcontractors' written verification of being registered with E -Verify: Due to the Commission within 15 days of Agreement/Contract Execution. Monthly Project Progress Report: Due to the Commission on the 15" day of each month the Agreement/Contract remains active. D Grantee's Invoice for Payment: Grantee must submit an Invoice (Attachment E) to the Commission for reimbursement. Due to the Commission when all Agreement/Contract tasks and deliverables have been completed. Certificate of Completion: A completed Certificate of Completion (Attachment G). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Itemized List of All Project Expenditures: Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Grantee's Contract with Contractor: Grantee will submit a copy of the Contract between the Grantee and the Contractor selected to complete the project. Due to the Commission when the Grantee's reimbursement reauest is submitted to the Commission. Subcontractor Agreements: If the Grantee's selected contractor uses a sub -contractor in the completion of the deliverables in the Agreement/Contract, the Grantee shall submit a copy of the sub -contractor's agreement with the Grantee's selected contractor to the Commission. Such agreements are required to be in place for all work performed under the Agreement/Contract by a subcontractor. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. ❑ Vessel Photos and Final Disposition Report: A final disposition report and photos of each vessel removed pursuant to the Agreement/Contract are required in accordance with paragraph 2. A deliverable #1 iii of Attachment A, Scope of Work, of the Agreement/Contract. The Commission case number and Contract 135 number are required to be on each photo submitted. Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Contractor's Invoice: An invoice from the contractor showing the total price for the removal and disposal of each vessel that is authorized to be removed under the Agreement/Contract must be submitted by the Grantee to the Commission. Prices on the contractor's invoice must match the price listed on the Grantee's Invoice to the Commission (Attachment E). Due to the Commission when the Grantee's reimbursement request is submitted to the Commission. Proof of Payment to Contractor from Grantee: Proof of payment by the Grantee to the contractor(s) may be in the form of a check copy or EFT from the Grantee to the contractor(s). Amounts paid to the contractor(s) must match the amount included on the invoice to the Commission (Attachment E). If amounts are paid by the Grantee to the contractor(s) for services not associated with the Agreement/Contract, those service and corresponding amounts must be annotated and clearly separated in the proof of payment documentation submitted. Due to the Commission when the Grantee's reimbursement reauest is submitted to the Commission. 136 FWC Agreement #: 24030 Attachment I Derelict Vessel Program Grant Monitoring Guidelines The Florida Fish and Wildlife Conservation Commission (Commission) has established and been appropriated funding by the Florida Legislature, to assist local governments in the costs related to removing derelict vessels from the waters of the state. The Commission derelict vessel program has a responsibility to track and monitor the status of grant activity and projects initiated by local governments under contract with the Commission to ensure compliance with applicable written grant guidelines and statutory regulations. The monitoring process is designed to assess a Grantee's compliance with applicable agency, state, and federal guidelines. Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities — financial and programmatic monitoring. • Financial monitoring is the review of records associated with the invoiced costs of derelict vessel removal projects and contracts. • Programmatic monitoring is the observation of project timelines, best management practices, and verified project completion records. Various levels of financial and programmatic review may be accomplished during this process. Desk monitoring is the review of projects and financial activity and provision of technical assistance between the Commission and the applicant via e-mail and telephone or other electronic means. On-site monitoring involves visits to the Grantee agencies or project work sites by Commission representatives who examine records, procedures and project activity. No Conflict of Interest: Grant Managers shall complete a Conflict of Interest Certification form at the time they are assigned/assume responsibility for an agreement. If a conflict exists, the grant manager shall notify their immediate supervisor at the earliest opportunity. The supervisor is responsible to reassign the Agreement or coordinate with leadership and/or Commission legal advisors to determine the appropriate resolution. A completed Conflict of Interest Certification form will be included and entered into each derelict vessel grant removal agreement. Frequency of monitoringactivity: The Commission's derelict vessel program will conduct monitoring during the period that a grant project is active. Once the project has been completed and verified as such, and reimbursement has been issued to the Grantee based on the written agreement, the relationship with the Grantee has ended until and unless a subsequent application for a grant is received again for that Grantee. Those applicants who have had documented contract violations for past failures to perform without successful resolution with the Commission, may be subject to denial of further opportunities to be considered for a grant. Areas that maybe reviewed include, but are not limited to: Management and administrative procedures; Grant folder maintenance; Accounting system; Anticipated projected completion (adhering to Agreement timelines for project completion); Difficulties encountered in completing projects; 137 FWC Agreement #: 24030 Attachment I Equal Employment Opportunity (EEO Status); Americans with Disabilities Act (ADA Status); Procurement policy; Procurement documents; and Contractor and subcontractor agreements, if applicable. The Commission may request additional monitoring/information if the activity, or lack thereof, generates questions from Commission leadership. The method of gathering this information will be determined on a case-by-case basis. Desk monitoring is an on-going process. Grantees will be required to participate in desk monitoring as determined by the Commission. This contract will provide an opportunity to identify the need for additional assistance and determines what a Grantee needs to complete the project in a timely manner in accordance with their Agreement. A document (Attachment H) will be included with each Agreement detailing documents required to be submitted by the Grantee and when those documents are due. As difficulties/deficiencies are identified, the Grantee's grant manager will be notified by Commission staff. Many of the issues that arise may be resolved by the Grantee without Commission involvement, but Commission staff can provide technical assistance. Examples of technical assistance include, but are not limited to: • Determination of eligibility of items or services for reimbursement; • Coordination and partnership with contractors and subcontractors; • Record keeping; • Providing information about reporting requirements; • Advising as to documentation necessary to support a request for reimbursement. On-site monitoring will be conducted by Commission personnel or others appointed by the Commission. On-site monitoring visits will be scheduled in advance with the Grantee grant manager designated in the Agreement. All derelict vessel removal projects are verified by sworn law enforcement personnel prior to reimbursement by the Commission. The Commission will also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On -Site Monitoring Protocol: On-site monitoring visits will be randomly chosen from active derelict vessel removal project grants in progress, as well as those that may be identified as having potential contract violations or as a result of a contractor's failure to follow contract specifications as required. Site visits may be combined when geographically convenient. Site Visit Preparation: An email will be sent to the Grantee grant manager outlining the date, time, and purpose of the site visit before the planned arrival date. The appointment should be confirmed with the Grantee in writing (email is acceptable) and documented in the Grantee folder. On -Site Monitoring Visit: 138 FWC Agreement #: 24030 Attachment I Once Commission personnel have arrived at the site, an orientation conference will be conducted. During this time, the purpose of the site visit and the items the Commission intends to examine will be identified. All objectives of the site visit will be explained at this time. Commission personnel will review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of the project site will be conducted. All project deliverables selected for review should be visually inspected whenever possible. Photographs should be taken of the project site, and any relevant activity. If a project deliverable is not available at the time of the site visit, the appropriate documentation must be provided to account for the project progress. Other programmatic issues can be discussed at this time such as missing monthly project progress reports, payment/voucher /reimbursement, etc. Post Monitoring Visit: Commission personnel will review the on-site monitoring documents and backup documentation as a team and discuss the events of the on-site monitoring. Within thirty (30) calendar days of the site visit, a post monitoring letter will be generated and sent to the Grantee explaining any issues and corrective actions required or recommendations. Should no issues or findings be identified, a post monitoring letter to that effect will be generated and sent to the Grantee. The Grantee will correct all deficiencies or submit a Corrective Action Plan within thirty (30) calendar days of the monitoring letter date. Grantee noncompliance will be resolved by Commission management under the terms of the Grantee Agreement. The on-site monitoring report and all backup documentation will then be included in the Grantee's file. 139 n el �: w McLarty Trea Museum "'),Mel'Fiskier Ai U DV3 (—OV4 kv Pelican Island National V5 k Wildlife Refuge "'),Mel'Fiskier Ai U Consent Item eK. Indian River County, Florida Department of Utility Services Board Memorandum Date: May 30, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator From: Sean C Lieske, Director, Department of Utility Services Subject: Easement for Florida City Gas Regulator Station Background/Analysis: On April 9, 2024, the Board of County Commissioners approved an easement with Florida City Gas for the placement of a regulatory station to assist with distribution of gas within the northern parts of Indian River County. The easement was for a parcel of land approximately 0.069 acres or 3000 square feet (50 feet by 60 feet) adjacent to the right-of-way for 77th Street within property owned by the Department of Utility Services (IRCDUS). Following the Board's approval, Florida City Gas reached out to IRCDUS to inquire about the possibility of increasing the size of the easement to accommodate both the installation of the station and future activities that are necessary to maintain and effectively operate the station. The request is to increase the size of the easement by 10 feet on both the northern and eastern borders of the easement, which would effectively increase the size of the easement to 0.096 acres or 4200 square feet (60 feet by 70 feet). The new easement is identified in the attached legal sketch and description (Exhibit A) and the attached Ariel image (Exhibit B). The attached Aerial2 image (Exhibit C) depicts the approximate location of the originally requested and approved easement as identified with the dashed red lines within the newly requested easement. As mentioned in the previous staff report, there is a building on the site that was previously occupied by the County's Parks and Recreation Department, but the building has since been vacated and is no longer in use. Granting the easement should not impact or interfere with any services being provided by the County. Funding: There is no funding associated with this agenda item. Recommendation: Attachments: 1. Exhibit A— Legal Sketch and Description 2. Exhibit B—Aerial Image 3. Exhibit C—Aeria12 Image 4. 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Lo i t_n 3 - b Space above this line for recorder's use PREPARED BY & UPON RECORDIN RETURN TO: Florida City Gas c/o Mary Prather SinglePoint AG 1620-B South Broad St. Monroe, GA 30655 EASEMENT FOR GAS REGULATOR STATION STATE OF FLORIDA COUNTY OF INDIAN RIVER THIS INDENTURE, made and executed this day of. 20 FOR AND IN CONSIDERATION OF THE SUM OF TEN DOLLARS ($10.00), cash in hand paid and other consideration, the receipt of which is hereby acknowledged by INDIAN RIVER COUNTY, hereinafter called Grantor, hereby grants unto PIVOTAL UTILITY HOLDINGS, INC. (f/k/a NUI UTILITIES. INC.), a New Jersey Corporation d/b/a/ FLORIDA CITY GAS, hereinafter called Grantee, the right to construct, install, maintain, inspect, operate, repair, replace, change or remove a gas regulator station or stations, including, without limitation, regulators, heaters, pipe line gate valve or valves with any by-passes, cross -overs, scraper traps, gas main or mains and other appurtenances and equipment used in connection therewith or incidental hereto, or any part thereof, within a strip of land, in and through the following described property of Grantor, which Grantor warrants to be the owner of the fee simple title: Land lying in Section 33, Township 31 South, Range 39 East, Indian River County, Florida, being described in a Deed dated March 7th, 1967, recorded in Official Record Book 251, Page 265, in the Public Records of Indian River County, Florida; hereinafter called the "Property". Tax Parcel or Folio Number: 31393300000500000003.0 FORM_EasementReguLvmStation-FCG_7.27.2018 (Business) 147 TOGETHER WITH free right of ingress and egress on the Property to and from said gas main or mains, gas regulator station or stations and appurtenances, in the approximate location as shown on Exhibit "A", attached hereto and made a part hereof. Grantee shall at all times have full rights of ingress and egress to and from said Property for the full use and enjoyment by said Grantee of the rights herein granted. TO HAVE AND TO HOLD SAID rights perpetually unto Grantee, its successors or assigns, providing that if said Grantee, its successors or assigns shall permanently abandon the use of said premises for the purposes herein stated, then all rights and privileges herein conveyed shall ipso facto be terminated. The rights herein granted may be assigned in whole or in part. The terms, conditions and provisions of this Indenture shall extend to and be binding upon the heirs, executors, administrators, personal representatives, successors and assigns of the parties hereto. IN WITNESS WHEREOF, the Grantor causes these presents to be executed by its proper officers, thereunto duly authorized and its seal affixed, this the day and year first above written. [Signatures on Following Page] FORM_EasementRegulatorStation-FCG_7.27.2018 (Business) 148 Signed, sealed and delivered in the presence of- (Witness £ (Witness signature) Print Name: (Witness) Address: (Witness signature) Print Name: (Witness) Address: STATE OF FLORIDA COUNTY OF GRANTOR: INDIAN RIVER COUNTY By: Print Name: Title: (Grantor's signature) The foregoing instrument was acknowledged before me this day of 20 by 'the of on behalf of said corporation, the Grantor under the foregoing instrument. He/She is personally known to me and has produced as identification. My Commission Expires: FORM_EasementRegulatm Station-FCG_7.27.2018 (Business) NOTARY PUBLIC: (Notary Public, Signature) Print Name: (NOTARY STAMP OR SEAL) 149 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant 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. 2024046 Waters Edge Culvert Replacement (IRC -2201) DATE: June 1, 2024 DESCRIPTION AND CONDITIONS The Waters Edge Culvert Replacement Project is located on 152 St. SW between 35th Avenue and 37th Drive SW. The project will be constructed in two phases. The first phase will include the replacement of the aging 60 -inch corrugated metal drainage culverts with reinforced concrete pipe (RCP) under the entrances to the Waters Edge neighborhood at 36th Court SW and 37th Drive SW. The County will initiallyfund the construction of this phase and will be reimbursed bythe Waters Edge Phase II Homeowners Association of Vero Beach, Inc. through a special assessment. The second phase, solely funded by the County, will include the replacement of the aging 96 -inch corrugated metal culvert under 1St SW with a concrete box culvert that connects the north and south sections of the Indian River Farms Water Control District Coouch Ditch, and replacement of a 24 -inch corrugated metal drainage pipe crossing 152 SW with a 24 -inch RCP. Ancillary work includes clearing, canal excavation, embankment stabilization, grading, sod, roadway milling and resurfacing, striping, curb, driveway aprons, and guardrail replacement. A bid opening for the project was held on May 24, 2024. As summarized below, two (2) 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 Timothy Rose Contracting, Inc., Vero Beach, FL $1,366,739.45 CK Contractors and Development, LLC, West Palm Beach, FL $1,507,021.00 Timothy Rose Contracting, Inc. is considered to be the lowest, responsive, responsible bidder for the project with a bid totaling $1,366,739.45, which is $45,958.45 or 3.48% above the Engineers Cost Estimate of $1,320,781.00. Timothy Rose Contracting, Inc. has completed various projects for the County in a satisfactory manner. 150 Award of Bid No. 2024046 Waters Edge Culvert Replacement (IRC -2201) For June 18, BCC Meeting FUNDING Funding is available in Optional Sales Tax/1st St SW & 35th Ave, Acct # 31521441-066510-21017. A Special Assessment of the Waters Edge Phase II Homeowners Association of Vero Beach, Inc. will be taken to the Board in the coming months for their portion of the project in the amount of $537,974.50. Account Description Account Number Amount Optional Sales Tax/152 Street SW & 35th Avenue Culvert 31521441-066510-21017 $1,366,739.45 RECOMMENDATION Staff recommends the project be awarded to Timothy Rose Contracting, Inc. in the amount of $1,366,739.45. 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 JUNE 18. 2024 C:\Users\ufc-prodWppData\Local\Temp\BCL Technologies\emyPDF 8\@BCL@C416C5E4\@BCL@C416C5E4.doc 151 SECTION 00520 Agreement (Public Works) TABLE OF CONTENTS HUM Pape ARTICLE1- WORK............................................................................................................2 ARTICLE 2 - THE PROJECT.......................................................... ......................2 ARTICLE 3 - ENGINEER ........................................... ..................... ........ .........2 ARTICLE 4 -CONTRACT TIMES ......................... ............. :.: ..........2 ARTICLE 5 - CONTRACT PRICE ........................ ... ...... r................3 ARTICLE 6 - PAYMENT PROCEDURES ........... ....3 ARTICLE 7 - INDEMNIFICATION .... ......... ... ................. ...............................5 ARTICLE 8 - CONTRACTOR'S REPRE......................................................5 ARTICLE 9 - CONTRACT DOCUMENTS ..... ............................................................6 ARTICLE 10 - MISCELLANEOUS' ..............................................................7 [The: ain ISP S LEFT BLANK INTENTIONALLY] Agreement (Public Works) REV 04-07 - 00520 - 1 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@20171182\@ BCL ID20171182.doa 152 SECTION 00520 Agreement (Public Works) 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 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: This project is located in Vero Beach, FL on 1" Street SW between 35"' Avenue and 371h Drive SW. Phase I will include replacement of the existing 60 -inch corrugated metal pipe (CMP) with reinforced concrete pipe (RCP) under the Waters Edge Neighborhood entrances at 36th Court SW and 37th Drive SW. Phase 11 will include replacement of a 96 -inch CMP and 24 -inch CMP under 1st Street SW with a pre -cast concrete box culvert and 24 -inch RCP respectively. Ancillary work includes site work, canal excavation, embankment stabilization, sod, roadway milling and resurfacing, striping, curb, and guardrail replacement. ARTICLE 2 - THE 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Vatirie: WATERS EDGE CULVERT REPLACEMENT County Project Num IRC -2201 Bid Number: 2024046 Project Address: 3500 ls1 Street SW, Vero Beach, FL 32968 ARTICLE 3 - ENGINEER 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. Agreement (Public Works) REV 04-07 - 00520 - 2 C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@ BCL@ 20171182\@ BCL@ 20171182.docx 153 ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 270th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 300th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER $1,694.00 for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,694.00 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.B, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $ Written Amount: Agreement (Public Works) REV 04-07 - 00520 - 3 C:\Users\ufc-pr ad\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@ BCL@20171182\@ BCL@ 20171182.docx 154 ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to CONTRACTOR until substantial completion of all work to be performed by CO CTOR 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. Payment of Retainage - 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 ems on the list, the CONTRACTOR may submit a payment request for the amount of the 150% retainage held by the OWNER. If a good faith dispute exists as to whether one or more of the items have been finished, the OWNER may continue to withhold the 150% of the total cost to complete such items. The OWNER shall provide CONTRACTOR written reasons for disputing completion of the list. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. Agreement (Public Works) REV 04-07 - 00520 - 4 C:\Users\ufc-prod\HppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@20171182\@BCL@20171182.docx 155 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, an,, Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. Agreement (Public Works) REV 04-07 - 00520 - 5 C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easy PD F 8\@ BCL@20171182\@ BCL@20171182. doa 156 E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also ,._ esponsible for obtaining proof of E -Verify registration for all subcontractors. ARTICLE 9- CONTRA DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); Agreement (Public Works) REV 04-07 - 00520 - 6 Q\Users\ufc-prod\AppData\Local\Temp\BCL Tech noIogies\easyPDF 8\@BCL@20171182\@BCL@20171182.docc 157 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor 8t Mapper's Certification as to Elevations and Locations of the Work (page 00634-1 9. General Conditions (pages 00700-1 to 00700-37, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-12, inclusive) 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (1), and sheets numbered 2 through 30, inclusive, with each sheet bearing the following general title: Waters Edge Culvert Replacement; 13. Addenda (if applicable ); 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Indian River County Traffic Engineering Special Conditions for Right of Way Construction- 15. CONTRACTOR'S BID (pages 00310-1 to 00310-7, inclusive); 16. Bid Bond (page 00430-1): 7. Sworn State der Section 105.08, Indian River County Code, on Disclosure of Relationships00452-1 to 00452-2, inclusive); 18. Swom State t nder the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-3, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: Agreement (Public Works) REV 04-07 - 00520 - 7 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easyPU 8\@ BCL@20171182\@ BCL@20171182.do« 158 a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.. 10.05 Venue A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance Agreement (Public Works) REV 04-07 - 00520 - 8 C\Users\ufc-prodVAppData\Local\Temp\BCL Technologies\easy PDF 8\@BCL@20171182\@BCL@20171182.dou 159 A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE A LICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords@indianriver.gov Indian River County Office of the County Attorney 180127 th Street Vero Beach, FL 32960 Agreement (Public Works) REV 04-07 - 00520 - 9 C:\Users\ufc-prod\AppData\Local\Temp\BCL Technologies\easy PDF 8\@BCL@20171182\@BCL@20171182.docz 160 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. [The remainder of this page was left blank intentionally] 0 Agreement (Public Works) REV 04-07 - 00520 - 10 C:\Users\ufc-prod\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@20171182\@BCL@20171182.docx 161 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on day of 20 (the date the Contract is approved by the Indian River County Board of County Commissioners, which is the Effective Date of the Agreement). OWNER: INDIAN RIVER COUNTY By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: An William K. Debraal, County Attorney lq; Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk i (SEAL) Designated Representative: Name: Kirstin Leiendecker, P.E. Title: Acting Public Works Director 1801 27th Street Vero Beach, Florida 32960 (772) 226-1384 CONTRACTOR: M (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or Is partnership, attach evidence of authority to sign;) * * END OF SECTION * Agreement (Public Works) REV 04-07 - 00520 - 11 C:\Users\ufc-prod\AppData\Local\Temp\BCLTechnologies\easy PDF 8\@BCL@20171182\@BCL@20171182.doa 162 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM SIM , TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Kirstin Leiendecker, P.E., Acting Public Works Director Robert S. Skok, Infrastructure Project Manager FROM: Jill Williams, Contract Support Specialist SUBJECT: Sporting Clays Facility Improvements (IRC -1847) Final Payment, Release of Retainage and Change Order No. 1 DATE: May 15, 2024 DESCRIPTION AND CONDITIONS On December 5, 2023, the Board of County Commissioners awarded Bid No. 2024016 to GRSC, Inc. in the amount of $399,120.00 for improvements to the trails at the Indian River Shooting Range that include constructing shell golf cart paths and shooting stand pads. Change Order No. 1 is to make final adjustments to contract bid items for a decrease to the total contract by $31,990.00, resulting in a final contract price of $367,130.00. GRSC, Inc. has completed the project and has been paid $327,494.41 with $17,236.55 held in retainage. GRSC, Inc. has submitted Contractor's Application for Payment No. 1847-5 for final payment of $22,399.04 and the release of retainage in the amount of $17,236.55 for a total final payment of $39,635.59. FUNDING Funding in the amount of $39,635.59 is budgeted and available from the following account(s): Account Description Account Number Amount Optional Sales Tax/Parks/Shooting Range Clays 31521072-066510-21011 $22,399.04 Trail Elevation Optional Sales Tax/Parks/Shooting Range Clays 315-206000-21011 $17,236.55 Trail/Retainage — GRSC, Inc. A request for reimbursement in the amount of $200,000 from the Florida Fish & Wildlife Conservation Commission (FWC) will be submitted per the grant agreement between Indian River County and FWC approved by the Board of County Commissioners on January 23, 2024. 163 Final Payment, Release of Retainage and Change Order No. 1 Sporting Clays Facility Improvements (IRC -1847) For June 18, 2024 Meeting RECOMMENDATION Staff recommends approval of Change Order No. 1 and payment of Contractor's Application for Payment No. 1847-5 to GRSC, Inc. in the amount of $39,635.59 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 1847-5 2. Change Order No. 1 APPROVED AGENDA ITEM FOR JUNE 18,2024 C:\Grmicw\L.egistar5\L5\Temp\Obc8fe t eced9-471 d-88e7-158402e89b34.doc 164 IRC -1847 SECTION 00942 - Change Order No. 1 Date of Issuance: June 18, 2024 Effective Date: June 18, 2024 OWNER: Indian Rive CONTRACTOR GRSC, Inc. Project: SPORTING CLAYS FACILITY IMPROVEMENTS OWNER's Project No. IRC -1847 OWNER'S Bid No. 2024016 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items in order to finalize the contract amount and release retainage to the Contractor. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $399,120.00 Net decrease of this Change Order: $(31,990.00) Contract Price with all approved Change Orders: $367,130.00 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACTTIMES Description Time Original Contract Time: (days or dates) Substantial Completion: 90 Final Completion: 120 Net increase (decrease) this Change Order: (days or dates) Substantial Completion: 0 Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Substantial Completion: 99 Final Completion: 1 120 RECOMMENDED: By. PROJECT MANANGER (Signature) Date: APPROVED: By: OWNER (Signature) Date: Change Order Form — 00942 F:\Public Works\ENGINEERING DIVISION PROJECTS\1847 Sporting Clays Trail\t-Admin\Agenda Items\Project Closeout\IRC-1847_C01.docx 165 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: SPORTING CLAYS FACILITY IMPROVEMENTS PROJECT NO. IRC -1847 Item No. Description Unit Quantfty Unit Price Price increase Price Decrease 1050-31208 8" DIAMETER SCHEDULE 40 PVC (20' LENGTHS) (4 PER LOCATION) LF 80 42.00 3,360.00 W CD1 REPLACE SHELL ROCK & TWO ADDITIONAL SHOOTING STATIONS LS 1 9,650.00 9,650.00 0.00 999-25A FORCE ACCOUNT LS 1 45,000.00 45 000.00 SUBTOTALS 13,010.00 45,000.00 IRC -1847 SPORTING CLAYS FACILITY IMPROVEMENTS TOTAL $ (31,990.00) 166 EiPublic Works\ENGINEER ING DIVISION PROJECTS\1847 Sporting Clays Trail\1-Admin\Agenda Items\Project CloseouWRC-1847_CO1-DESC CHGS Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 24, 2024 To: John A. Titkanich, County Administrator Sean C. Lieske, Director of Utility Services Through: Howard G. Richards, PE, Capital Projects Manager, Utility Services Prepared by: Jennifer L. Hyde, Purchasing Manager Oliver C. Jarrett, Engineer - Capital Projects/Utilities Subject: Ixora Park Infrastructure Improvements, Final Ranking of Design -Build Teams for RFQ 2024030 and Amendment No.1 to Agreement No. LPA0306 IRCDUS Project ID 41.23.548 Background/Analysis: Ixora Park subdivision contains approximately 9,710 linear feet of vitrified clay pipe (VCP) gravity sewer and 23 manholes dating from 1952. A lift station connects the system from the northwest corner of the property into a force main along 1St Street Southwest. Indian River County Department of Utility Services (IRCDUS) has discovered deficiencies in the VCP through sand buildup and weakening of the roadways, resulting in frequent failures of the sanitary sewer system and sink holes in the community's roadways, presenting a public safety hazard and service interruptions. The subdivision with approximately 275 properties, is roughly defined as lying between 1st Street SW to the north, 201h Avenue on the east, South Relief Canal on the south, and 27th Avenue to the west. The Ixora Park Infrastructure Improvements project, IRCDUS Project ID 41.23.548 ("Project"), will be implemented in multiple design and construction stages over a three- to four-year period subject to availability of funding. The Project will facilitate the complete replacement and/or rehabilitation of the existing VCP sewer network, relocation of all sewers to the centerline of the roadway, and improvements to drainage and roadway. Assessment of water distribution mains, meters and valves will also take place, to identify any needed rehabilitation or replacement. This staff report pertains to Stage 1 implementation only. In compliance with Florida Statute (FS) 287.055, and on behalf of IRCDUS, the Purchasing Division issued request for qualifications (RFQ) 2024030 on January 7, 2024, for Progressive Design -Build (PDB) Services for Ixora Park Infrastructure Improvements, to identify qualified design -build teams (DBT) to design and construct the Project, including potable water, sewer, stormwater, and roads infrastructure rehabilitation, and including but not limited to, piping, valves, meters, manhole, drainage, roadway, and lift station improvements. The design -build project delivery model is beneficial for this project, as it will both streamline the timeline to design and construct the Project and ensure cohesion between design and construction. 167 Departmental Item To offset costs for the Project, IRCDUS submitted a Florida Department of Environmental Protection (FDEP) Water Protection grant application for the Ixora Park Sewer Rehabilitation project and was awarded $3,000,000.00 under Agreement No. LPA0306. The Agreement was approved by the Indian River County Board of County Commissioners (BCC) on October 3, 2023, signed by the Chair on November 8, 2023, and fully executed by FDEP on February 2, 2024. Discussion: Pertaining to RFQ 2024030; three (3) statements of qualifications (SOQs) were received on February 7, 2024. A selection committee comprised of Howard Richards, Utilities Capital Projects Manager; Sean Lieske, Utilities Director; Harrison Youngblood, Utilities Engineer; Mark Winslow, Public Works/Engineering Project Manager; and Ron Jones, Solid Waste Disposal District (SWDD) Assistant Managing Director; independently reviewed and scored each SOQ in compliance with the instructions and criteria established in the RFQ, and developed an initial ranking of firms. As required by FS 287.055, discussions were held with all three responding teams (DBTs). After negotiations, the committee developed the following final ranking of teams: 1. Ric -Man Construction Florida, Inc./Wade Trim 2. Kimley-Horn and Associates, Inc./Amici Engineering Contractors, LLC 3. Infrastructure Solution Services/Young's Communications Staff now proposes to negotiate a phased design -build agreement with the Ric -Man Construction Florida, Inc./Wade Trim (Ric-Man/WT) team. Ultimately, a Guaranteed Maximum Price (GMP) amendment will be executed to facilitate the construction phase of the Project. All negotiated agreements and amendments for the Project will be presented to the BCC for review and approval for execution of the same. Pertaining to Agreement No. LPA0306; the grant work plan (GWP) contained in the original agreement, was based on the traditional design -bid -build (DBB) project delivery model, which was the standard approach at the time of the grant application. IRCDUS is now utilizing a PDB project delivery model for infrastructure projects which is more efficient and can result in performance improvements in the areas of scope, schedule, and budget. A revision to the GWP was required to align with the scope of services contained in RFQ 2024020. As such, IRCDUS submitted a revised GWP for the Project, which FDEP incorporated into the attached "Amendment No.1 to Agreement No. LPA0306 between Florida Department of Environmental Protection and Indian River County". Funding: No funding is being requested by this agenda item. Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve the final ranking of teams, and authorize negotiations with the top ranked team, as well as subsequently ranked teams, should negotiations with the top ranked team fail. Staff also recommends approval of Amendment No.1 to Agreement No. LPA0306 between Florida Department of Environmental Protection and Indian River County and authorize the Chair to execute it after approval by the County Attorney as to form and legal sufficiency. 168 Departmental Item Attachments: Amendment No.1 to Agreement No. LPA0306 between Florida Department of Environmental Protection and Indian River County 169 AMENDMENT NO. 1 TO AGREEMENT NO. LPA0306 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. LPA0306 (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and the Indian River County (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Indian River County Ixora Park Sewer Rehabilitation (Project), effective February 2, 2024; and, WHEREAS, the Grantee has requested a revision in the scope of work and a budget reallocation for the Project; and, WHEREAS, other changes to the Agreement are necessary; and, WHEREAS, the parties have agreed to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: Section 6. of the Standard Grant Agreement is hereby revised to the following: Department's Grant Manager Grantee's Grant Manager Name: Kevin Eckel Name: Harrison Youngblood Address: 3900 Commonwealth Blvd. Address: 1801 27th Street Tallahassee, FL 32399 Vero Beach, FL 32960 Phone: 850-245-2876 Phone: 772-266-4343 Email: Kevin.Eckel@FloridaDEP.gov Email: hyoungblood@ircgov.com The following is hereby added to Attachment 1 in Section 8: State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. Attachment 3, Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3-1, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3 shall hereinafter refer to Attachment 3-1, Revised Grant Work Plan. 4. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. DEP Agreement No. LPA0306, Amendment No. 1, Page 1 of 2 170 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. INDIAN RIVER COUNTY By: Authorized Signature Susan Adams, Chairman, Indian River BOCC STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Secretary or Designee Angela Knecht, Division Director Date: Kevin Eckel, DEP Grant Manager Anna Kemp, DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Type Attachment Letter/ Number 3-1 Description Revised Grant Work Plan DEP Agreement No. LPA0306, Amendment No. 1, Page 2 of 2 171 ATTACHMENT 3-1 REVISED GRANT WORK PLAN PROJECT TITLE: Indian River County Ixora Park Sewer Rehabilitation PROJECT LOCATION: The Project will be located in the City of Vero Beach South within Indian River County; Lat/Long (27.5999, -80.4059). PROJECT BACKGROUND: Frequent failures of the Indian River County Ixora Park sanitary sewer system results in sink holes in the community's roadways, presenting a public safety hazard and service interruptions. This sewer system is adjacent to the county's South Relief Canal, a Tributary of the Indian River Lagoon (IRL). The Ixora Park neighborhood is currently connected to the county sewer system through delivery methods that are of a deficient nature creating potential impacts to the IRL. This project will consist of phasing out users connected to the sewer system with deficient connections and reconnecting those residents back to the rehabilitated system, thereby protecting the IRL from inadvertent impacts. PROJECT DESCRIPTION: Indian River County (Grantee) will conduct a pre -design study, design, and perform construction to rehabilitate and replace the sanitary sewer collection system within the Ixora Park neighborhood (approximately 9,700 linear feet (LF) of vitrified clay pipe) that has reached the end of its service life. The Grantee will relocate the water mains and meter boxes from the back of parcels to the Right of Way line, along the front of the property lines, making the utility easier to maintain and repair. The Grantee does not anticipate that the funding under this Agreement will result in a fully completed project, so this Agreement will cover a portion of the work. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Pre -Design Studv Deliverables: The Grantee will perform a Sewer Alternatives Analysis and produce a pre -design report that will detail the scope of the problem in the analysis area, outline design options, and identify the tasks required to complete a resolution to the problem. Documentation: The Grantee will submit the final pre -design study report. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement following the conclusion of the task. Task 2: Design and Permitting Deliverables: The Grantee will complete the design and obtain all necessary permits for construction of the Indian River County Ixora Park Sewer Rehabilitation Project. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 2) a summary of design activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the DEP Agreement No. LPA0306, Attachment 3-1, Page 1 of 3 172 final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task and a list of all required permits identifying issue dates and issuing authorities. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 3: Proiect Management Deliverables: The Grantee will perform project management, to include field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Documentation: The Grantee will submit interim progress status summaries including summary of inspection(s), meeting minutes and field notes, as applicable. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 4: Construction Deliverables: The Grantee will construct the Indian River County Nora Park Sewer Rehabilitation Project in accordance with the construction contract documents. Documentation: The Grantee will submit 1) a copy of the final design; 2) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 3) a signed Engineer's Certification of Payment Request. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 5: Connection to Central Sewer Deliverables: The Grantee will properly disconnect approximately 311 residential sewer users who have deficient connections and reconnect the users to the existing Indian River County sewer system, once the new sewer collection system is in place. Documentation: The Grantee will submit: 1) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; 2) a list of addresses and types of the properties DEP Agreement No. LPA0306, Attachment 3-1, Page 2 of 3 173 connected; and 3) proof of connection for each property, as evidenced by copies of invoices for connections by a licensed plumber, utility contractor, or building contractor. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIlVIELINE & BUDGET DETAIL: The tasks must be completed by, and all documentation received by, the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. Task Budget Grant Task Task No. Task Title Category Amount Start Date End Date 1 Pre -Design Study Contractual $30,000 07/01/2022 10/31/2026 Services 2 Design and Permitting Contractual $150,000 07/01/2022 10/31/2026 Services 3 Project Management Contractual $100,000 07/01/2022 10/31/2026 Services 4 Construction Contractual $2,220,000 07/01/2022 10/31/2026 Services 5 Connection to Central Contractual $500,000 07/01/2022 10/31/2026 Sewer Services Total: $3,000,000 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. LPA0306, Attachment 3-1, Page 3 of 3 174 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Kylie Yanchula, Natural Resources Director FROM: Laura Yonkers, Stormwater Manager V r SUBJECT: Authorization Request for Staff to apply funding through FDEP's Water Quality Protection Grant Program DATE: June 18th, 2024 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection's (FDEP) Water Quality Protection Grant (WQPG) was created to provide water quality grant funding opportunities to local communities for efforts at protecting our natural systems. The FDEP WQPG provides eligible entities (including local governments), the opportunity to submit proposals that bolster efforts at protecting and restoring Florida's water resources. Starting on May 1, 2024, local governments were able to apply for funds to implement eligible nonpoint source pollution Best Management Practices (BMPs) or public education programs aimed at improving water quality. Staff is seeking Board of County Commissioner approval to apply for WQPGs for a small scale streetsweeper and a vacuum -truck to be used in BMPs to capture pollutants before they make their way to the Indian River Lagoon. The estimated cost for the equipment is approximately $360,000 and $750,000 respectively. Staff is also seeking BOCC approval to apply for WQPGs for floating wetlands for San Sebastian Park and West Pond for nutrient removal at an estimated cost of $323,000. If the County receives an award under these WQPG applications, monies not covered by the grant would be made up from a proposed budget amendment from the Transportation Fund. The application period for WQPG closes on June 30, 2024, and if approved, applications would be submitted by the Stormwater Division in advance of that date. F1 imniNc; If the County is awarded any funds under this grant, it is anticipated that the award would not cover the complete cost of the equipment and any additional funding required would be supplemented by a budget amendment from the Transportation Fund. RECOMMENDATION The recommendation of staff is for the Board of County Commissioners to authorize Staff to apply 175 Page 2 Water Quality Protection Grant Application Authorization June 18, 2024 BCC Agenda Item for Water Quality Protection Grant for Non -Point Source Management prior to the June 30, 2024 deadline. APPROVED AGENDA ITEM FOR: June 18, 2024 176 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 17, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager— Capital Projects Prepared by: Robert J. Tobar, E.I., Associate Engineer Subject: Amendment 3 to Work Order 14 to Bowman Consulting Group, Ltd., and Payment to Escape Ranch for North County 24 -Inch Force Main Replacement IRCDUS Project ID: 21.23.503 Background: Indian River County Department of Utility Services (IRCDUS) manages Lift Station 203, which is located at the decommissioned North Wastewater Treatment Facility (NWWTF). Lift Station 203 receives sewage from a 24 -inch ductile iron force main that runs west to the facility from Old Dixie Highway. The 24 -inch force main is the primary force main carrying sewage from Indian River County's north wastewater service area directly to Lift Station 203, then pumped to the IRCDUS Central Wastewater Treatment Facility (CWWTF). The pipeline is significantly corroded, and it has been determined that the likelihood of failure is very high. In addition, the consequences of failure include significant damage to private property thus exposing IRCDUS to high risk. On February 21, 2023, the Indian River County Board of County Commissioners (BCC) approved Work Order No.14 (WO 14) to Bowman Consulting Group, Ltd. (Bowman) — pursuant to Bowman's CCNA 2018 contract, renewed, and extended in 2021 — in the amount of $88,230.00 to provide design, bid support, and services during construction (SDC) for the North County 24 -inch Force Main Replacement ("Project"). On October 17, 2023, the BCC approved Amendment 1 to WO 14, for Bowman to provide additional services to change the alignment of the force main, in the amount not -to -exceed $20,296.34. Then on February 20, 2024, the BCC approved Amendment 2 to WO 14 in the amount of $1,320.00, for additional tortoise survey, for a total contract price of $109,846.34. Design for the Project is now complete and is transitioning to the bid phase. However, additional project requirements have been identified that will impact Bowman's scope of service and the overall project budget. To proceed with the bid phase and subsequent construction phase, IRCDUS seeks to amend WO 14 to revise the bid document to provide off-site gopher tortoise relocation, and to request approval to pay management and monitoring fees to a permitted relocation site. Page 1 of 3 177 Discussion: During development (preparation and reviews) of the standard agreement and specifications documents required for bidding, it was discovered that certain sections of the purchasing templates were not current with newer standards or require modifications to align with the bid items in the project plans. In addition, State Law requires any project involving development activity within 25 feet of gopher tortoise burrows to have a gopher tortoise relocation permit from Florida Fish and Wildlife Conservation Commission. The initial survey discovered fourteen (14) gopher tortoise burrows that are within 25 feet of the Project activity limits that will require transporting to a permitted relocation site for management and monitoring. Upon request by IRCDUS, Bowman provided the attached Amendment 3 to WO 14 to provide bid document revisions ($4,500.00) and off-site gopher tortoise relocation ($9,315.00) for the total amount of $13,815.00. Bowman's proposed Amendment 3 to WO 14, does not include the management and monitoring fees required by the gopher tortoise relocation site. Management and monitoring fees are estimated at $6,000 per tortoise. The number of gopher tortoises to be relocated is estimated between 14 and 21, and the work is anticipated to be completed by an entity called "Escape Ranch," who was listed by Bowman in the FWC permit application. IRCDUS proposes to budget at the higher number with an estimated cost of $126,000.00 ($6,000 for a maximum of 21 gopher tortoises). The management and monitoring fees would be paid directly to Escape Ranch (Tier 1), the relocation site, upon relocation of the gopher tortoises from the Project activity limits. This vendor has not yet been reviewed and approved by the Purchasing Division, Risk Management Division, or the Clerk of the Circuit Court's Comptroller Division. Because the cost of the relocation services exceeds both the quote and bid threshold, staff requests the Board waive the requirement for bids for these services. Should Escape Ranch not be able to comply with vendor requirements, a request for approval of another vendor will be brought before the Board. The total estimated cost for Amendment 3 to WO 14 to Bowman for bid document revisions and off-site gopher tortoise relocation; and the estimated management and monitoring fees, the permitted relocation site, is $139,815.00. This will bring the total contract price, including all amendments, to $249,661.34. Funding: Expenses in the amount of $139,815.00 for Amendment 3 to WO 14 will be recorded in the Utilities/WIP/NWWTF 24" FM Replacement account, number 471-169000-23503. Since this is an operating capital project, the funds will come from the fund balance. Operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/WIP/NWWTF 24" FM Replacement 471-169000-23503 $139,815.00 Recommendation: Staff recommends the Indian River County Board of County Commissioners approve Amendment 3 to Work Order 14 to Bowman Consulting Group, Ltd., for bid document revisions and off-site gopher tortoise relocation in the amount of $139,815.00, and authorize the Chair to execute Amendment No. 3 to Work Order 14, after review and approval by the County Attorney as to form and legal sufficiency, and authorize staff to make payments for the management and monitoring fees when due. So long as there are no Page 2 of 2 178 changes in the dollar amounts under the amounts approved, upon adequate completion of the work set forth in the work order, staff is directed to make final payment to Bowman Consulting Group, LTD after review and approval by the Purchasing Manager and the County Attorney's Office. Staff also recommends the Board waive the requirement for bids for the physical relocation of gopher tortoises from the site, in the not to exceed amount of $126,000, and authorize the Purchasing Division to issue a purchase order, after review and approval of Escape Ranch as a vendor by the Purchasing and Risk Management Divisions, and the Comptroller. Attachments: • Bowman Amendment 3 to Work Order 14 • Email re estimate for gopher tortoise management and monitoring fees Page 3 of 2 179 Work Order 14 Amendment 3 EXHIBIT A SCOPE OF WORK, FEES, AND SCHEDULE PID # 21.23.503 SCOPE OF WORK Task 6a — Bid Documents Revision Bowman shall align the project with the new bid documents template recently provided by Indian River County. The pay items in the technical specifications will be aligned with the pay item descriptions and numbering provided on the itemized bid schedule. The resulting bid documents will be specific to Utilities and all bid item numbers will refer to Utilities specification sections. Task 10b — Off -Site Gopher Tortoise Relocation Bowman will provide services to relocate gopher tortoises in the work area. Potentially occupied burrows will be excavated using a backhoe or similar machine. All tortoises will be temporarily contained in plastic buckets, and immediately transported to the permitted relocation site. FEE SCHEDULE Bowman will provide the services described above for the following lump sum fees: Task 6a — Bid Documents Revision $ 4,500.00 Task 10b — Off-site Gopher Tortoise Relocation $ 9,315.00 Total Amendment 3: $13,815.00 *Note: the professional fee for this task does not include management and monitoring fees required by the relocation site. Management and monitoring fees are $6,000 per tortoise with an estimated 14 to 21 tortoises to be relocated (i.e.: $84,000.00 - $126,000.00) and shall be paid by the County directly to the relocation site. TIME SCHEDULE Task 6a shall commence upon Notice to Proceed (NTP) with the work to be completed within 45 days. It is recommended that Task 10b be held until the construction schedule is known. This task shall be completed within 45 days following Notice to Proceed. 180 Howard Richards From: John Boyer <jboyer@bowman.com> Sent: Tuesday, February 6, 2024 3:46 PM j To: Howard Richards I Cc: Robert Tobar; jon@atiantices.com Subject: IRC 24" FM Replacement - Tortoise Relocation I Categories: Red Category i CAUTION: This message is from an external source. Please use caution when opening attachments or clicking lir Howard, ` Refer to Atlantic's message below regarding tortoise relocation costs. As Jon states I recommend you budget to the high side. JOHN M. BOYER, P.E. BOWMAN- Melbourne, Florida i Direct: (321) 608-0966 Mobile: (321) 288-2108 From: jon@atlantices.com <jon@atlantices.com> Sent: Tuesday, February 6, 2024 1:27 PM s :: To: John Boyer <jboyer@bowman.com> Subject: [EXTERNAL] RE: IRC 24" FM Replacement. . s So thus far we have 21 burrows and we are estimating about 14 tortoises. If we found 21 you'd be looking at $6k per tortoise, so $126k ... this isn't likely at all but stranger things have happened. At 14 tortoises, you'd be looking closer to $84k. If we just find 1 or 2 more in the temp access it shouldn't change the numbers too much but maybe we should go with the higher number at this point just for CYA. Jon H. Shepherd, MS, PWS ATLANTIC E N V I R O N M E N T A L ENVIRONMENTAL PERMITTING & MITIGATION Atlantic Environmental of Florida, LLC 657 Montreal Avenue Melbourne, Florida 32935 Phone: 321-676-1505 Cell: 321-302-2662 Fax: 321-676-1730 www.AtlanticES.com 1 181 From: John Boyer <jboyer@bowman.com> Sent: Tuesday, February 6, 202410:08 AM To: ion@atlantices.com Subject: RE: IRC 24" FM Replacement Jon, . . .... Regarding Howard's comment below, can you estimate a budget for tortoise removal? JOHN M. BOYEk P.E. BOWMAN- Melbourne, Florida Direct: (321) 608-0966 Mobile: (321) 288-2108 From: Howard Richards <hrichards@indianriver:Rov> Sent: Tuesday, February 6, 2024 10:00 AM To: John Boyer <ibover@bowman.com>; Robert Tobar <rtobar@indianriver.sov> t Cc: ion@atlantices.com Subject: [EXTERNAL] RE: IRC 24" FM Replacement John, the 1" paragraph, 2nd sentence is missing something at the end. Regarding the asterisk (*) note on tortoise removal; can you just include it as an allowance and note that it will be billed at actual invoice cost? Thanks, .�la�vard-Ricliar�fs Indian River County Department of Utility Services 772-226-1821 hrichards@indianriver.eov "Doing what is necessary today to provide a better Utility for tomorrow" Indian River County _ eslerdot�r�> My email will change from hrichards@ircgov.com to hrichards@indionriver.gov. Please add to your contacts and allow this new domain through your spam filter. From: John Boyer <ibover@bowman.com> Sent: Tuesday, February 6, 2024 8:23 AM To: Howard Richards <hrichards@indianriver.eov>; Robert Tobar <rtobar@indianriver.R&> Cc: Harrison Youngblood <hyounsblood@indianriver.sov>; ion@atiantices.com Subject: RE: IRC 24" FM Replacement WThis message is from an external source. Please use cauti Howard, Please review the attached. The exhibit has been revised to include the PID and the reason for the additional survey. Addendum 1 continued the task numbers from the original work order, and additional tortoise surveying was designated task 10. The exhibit refers to "Task 10a" for the proposed extension of that service. 2 182 Three original signature copies are enroute for tomorrow's delivery. Thank you, JOHN M. BOYEP, P.E. BOWMAN- Melbourne, Florida Direct: (321) 608-0966 Mobile: (321) 288-2108 a 'f From: Howard Richards <hrichards@indianriver.sov> Sent: Monday, February 5, 2024 7:02 PM To: John Boyer <jboyer@bowman.com>; Robert Tobar <rtobar@indianriver.gov> Cc: Harrison Youngblood <hvoungblood@indianriver.gov>; ion@atlantices.com Subject: [EXTERNAL] Re: IRC 24" FM Replacement John, Just a few observations: This item will go to the BCC and will need the form for that signed. Robert can send if you don't have it. If not, please capture the reason for the change (in your email) in the proposed amendment. Since there was already a task in the original WO, the amendment should reflect a change to that task, and not a new task added. Also, please reference the PID. Thank you, Hunt -and -peck typed on my mobile device. Please excuse any typos. .9loward �C7. RicAar&, MffA CMEM Manager, Capital Projects Indian River County Department of Utility Services 180127 th Street Vero Beach, FL 32960 772-226-1821 hrichardsCaD-indianriver.gov "Doing what is necessary today to provide a better Utility for tomorrow" From: John Boyer <jboyer@bowman.com> s Sent: Monday, February 5, 2024 2:08:34 PM To: Robert Tobar <rtobar@indianriver.eov> Cc: Harrison Youngblood <hyounsblood@indianriver.sov>; Howard Richards <hrichards@indianriver.eov>; ion@atlantices.com <jon@atlantices.com> Subject: IRC 24" FM Replacement CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. Robert, Attached is Addendum 2 to WO 14 for additional gopher tortoise surveying on the Waste Management site. This area was not included in previous surveys, and during my last visit I noted the animals appear to be present on that site. 3 183 If acceptable I'll forward three original -signature copies. Thank you, JOHN M. BOYEP, P.E. BOWMAN- Melbourne, Florida Direct: (321) 608-0966 Mobile: (321) 288-2108 - - From: Robert Tobar <rtobar@indianriver.eov> Sent: Monday, February 5, 2024 10:58 AM To: John Boyer <iboyer@bowman.com> Cc: Chris Hanson <chanson@indianriver.eov>; Duke Hawkins <drhawkins@indianriver.gov>; Harrison Youngblood <hyouneblood@indianriver.eov> Subject: [EXTERNAL] RE: 24" FM Replacement Meeting Good Morning John, Use this pdf. Thanks, �odert l cedar, E Utility Design Engineer Indian River County Department of Utility Services 180127 th Street Vero Beach, FL 32960 4 184 772-226-1801 (o) 1772-713-9076 (m) My email address will change from rtobar@ircgov.com to rtobar@indianriver.gov, please add to your contacts and allow this new domain through your spam filter "Doing what is necessary today to provide a better Utility for tomorrow" IrUdiMM MW Clic WY �'•`�' € �AN�d�Dk`JC��iillyl�l}�j�iWftr� PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County officials regarding county business are considered to be public records and will be made available to the public and the media upon request. Your email messages and email address may, therefore, be subject to public disclosure. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. From: Robert Tobar Sent: Monday, February 5, 2024 10:06 AM To: 'John Boyer' <iboyer@bowman.com> Cc: Chris Hanson <chanson@indianriver.gov>; Duke Hawkins <drhawkins@indianriver.gov>; Harrison Youngblood <hyoungblood@indianriver.gov> Subject: RE: 24" FM Replacement Meeting Good Morning John, See attached comments. Thanks, Robert J cedar, 1:I. Utility Design Engineer Indian River County Department of Utility Services 1801 27th Street Vero Beach, FL 32960 185 772-226-1801 (o) 1772-713-9076 (m) My email address will change from rtobar@ircgov.com to rtobar@indianriver.gov, please add to your contacts and allow this new domain through your spam filter "Doing what is necessary today to provide a better Utility for tomorrow" Indian Rimer CWntY s t PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County officials regarding county business are considered to be public records and will be made available to the public and the media upon request. Your email messages and email address may, therefore, be subject to public disclosure. if you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, cor tact this office by phone or in writing. From: John Boyer <jboyer0bowman.com> Sent: Friday, January 26, 2024 8:36 AM To: Robert Tobar <rtobar@indianrive r.gov> Subject: RE: 24" FM Replacement Meeting CAUTION: This message is from an external source. Please use caution when opening attachments or clicking lin The of call in sick on Friday trick eh? I see you... 90%plans attached. JOHN M. BOYER, P.E. BOWMAN- Melbourne, Florida Direct: (321) 608-0966 Mobile: (321) 288-2108 6 186 Good Morning John, I called in sick today and may call in to the meeting. If you're able to can you send me a pdf of the 24" FM 90% plans. Thanks, Get Outlook for iOS 187 Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: May 31, 2024 Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, P.E., Manager - Capital Projects Prepared by: Bryan Beavers, Finance Manager, Utility Services Subject: First Amendment to the Agreement For RFP 2024005, Comprehensive Utility Rate Study to Stantec Consulting Services, Inc. for Additional Community Engagement Marketing Services IRCDUS Project ID 00.23.544 Background: On November 7, 2023, the Indian River County Board of County Commissioners (BCC) awarded RFP 2024005 to Stantec Consulting Services, Inc. (Stantec), for a Department of Utility Services Comprehensive Rate Study. Additional work is now contemplated and requires an amendment to the agreement. Analysis: During the rate study review, it was deemed necessary by the Indian River County Department of Utility Services (IRCDUS) staff, to expand the scope of the services provided by Stantec to include marketing services to assist with the communication of the rate study results to its customers. The proposed additional services expand the awarded services to include the design and production of planning, presentation, and communication materials, as well as website development services. Stantec submitted a proposal for the above-described additional services in the amount of $35,000.00. Funding: Funds, in the amount of $35,000.00, for these additional services are budgeted and available in the Utilities/General & Engineering/Other Professional Services/Utility Services Rate Study account, number 47123536-033190-23544, in the Utilities Operating Fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/General & Engineering/Other Professional 47123536-033190-23544 $35,000.00 Services/Utility Services Rate Study Page 1 of 2 188 Recommendation: Staff recommends the Indian River County Board of County Commissioners approve the first amendment to the agreement for RFP 2024005, Comprehensive Utility Rate Study to Stantec Consulting Services, Inc. for Additional Community Engagement Marketing Services and authorize the Chairman to sign, after review and approval by the County Attorney as to form and legal sufficiency. Attachment: First Amendment to Agreement for Utility Services Comprehensive Rate Study Page 2 of 2 189 FIRST AMENDMENT TO AGREEMENT FOR UTILITY SERVICES COMPREHENSIVE RATE STUDY This First Amendment to that certain Agreement to provide Utility Services Comprehensive Rate Study is entered into effective as of June 18, 2024, by and between Indian River County, a political subdivision of the State of Florida ("County") and Stantec Consulting Services, Inc. ("Consultant"). BACKGROUND RECITALS WHEREAS, the County and the Consultant entered into an Agreement for Utility Services Comprehensive Rate Study effective November 7, 2023; and WHEREAS, the parties desire to amend the Scope of Services detailed in the Request for Proposals to include marketing services to assist with the communication of the rate study results to the Departments' customers; and WHEREAS, the parties desire to amend Exhibit 1 — Scope of Services and Not to Exceed Fee; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Amendment. 2. Study Requirements in the Scope of Services portion of the Request for Proposals is modified as follows: 1. Awarded services to include the design and production of planning, presentation, and communications materials, as well as web site development services. 3. Exhibit 1 Pricing is amended to reflect new pricing and is attached to this Amendment. 4. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 190 IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed effective the day and year first set forth above. Stantec Consulting Services, Inc. By: Printed name: Title: (Corporate Seal) Date: K INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: _William K. DeBraal, County Attorney 191 (3 Stantec Scope of Services TASK 1- WRITTEN COMMUNICATIONS PLAN A written communications plan is a key component of successful engagement and is the framework from which the project team will operate. The plan has multiple facets, each of which is arrived at through a collaborative effort between the County's project team and Stantec. Due to the shorter engagement period associated with the project, this effort will result in a summary style plan, consisting of 4-5 pages as outlined below: • Stakeholder Mapping (to be provided by the County) • Key Messaging (4-5 key messages that address the 'what, 'why' and 'when' of the rate study) • Outreach strategy, including identifying the tools to be used and the timing of each to maximize reach within budget and time allowed. • Outreach schedule, which will build off the schedule for considering identified rate increases, ensuring that stakeholder touchpoints are in alignment with the key milestone dates. The development of the communications plan in iterative in nature and will require 2 virtual meetings, to develop and review drafts of the items outlined above. TASK 2 - CORE OUTREACH TEAM COORDINATION To best serve the project, a core outreach team should be developed that includes key members of the County staff as well as the Stantec rate study and public engagement specialists. Others may be added or participate periodically, but the core group of 6-8 individuals will typically engage on a one-hour scheduled call every other week for the duration of the effort until rate adjustments are formally considered to coordinate action items, discuss issues/feedback, and evaluate/review progress on the various engagement tools. The estimated hours and fees included herein assume a twice a month calls for a period of 4 months. TASK 3 — WEBSITE DEVELOPMENT The development of a focused website is key to establishing a communication portal with stakeholders for information about the utility and the rate study. Efforts are made to drive as much communication as possible to and through the website for utility information, rate study updates, schedule, and to function as a repository for questions and comments. These questions and comments will be sent to a web -based e-mail address and then forwarded automatically to an e-mail address of the County's choosing for cataloguing and responses. It is recommended that the website utilize a vanity URL that can outlast the project so the site can used if desired as a future reporting tool on the success of the program and proactive communications about Indian River County Utilities Department and future rate reviews/updates. The site will be designed using a service such as Squarespace or GoDaddy and will be hosted on a third -party server. Once created, the URL and the website will belong to the County. Upon initial development, once a month updates to the website are included in the estimated fee for a period of up to 4 months. However, domain name costs and web services costs (estimated at $1,500 / year) will be the responsibility of the County. 777 S Harbour Island Boulevard, Suite 600 • Tampa, Florida 33602-5729 . Phone (904) 631-5109 Page 2 Stantec 192 TASK 4 — ROADSHOW PRESENTATION Many times, the most effective means of communicating with stakeholders is to meet them 'where they are' One effective tool to do this is to prepare a short, 5 -10 -minute core presentation, such as a narrated PowerPoint played as a video, which conveys the major rate study elements, including key messages, milestones, schedule, and helps stakeholders understand where they can get additional information. While this presentation is expected to be given by County staff to various groups, Stantec will help develop the presentation, review and guide the narration script, and even provide narration if desired. This same presentation can be used to facilitate community roundtables as well. TASK 5 — COLLATERAL MATERIALS Every public engagement plan benefits from consistent messaging and the use of appropriate collateral materials that can help reduce complex matters to understandable and consumable language. Each piece of material should contain consistent branding with the website, using County -approved colors and logos. Working with the County, the following one-page fact sheets will be developed with suitable graphics and text: a. Summary fact sheet about the rate study with a QR code that links to the website. b. FAQs, limited to five questions intended to address the 'what; 'why' and 'when' of the study. c. One page talking points sheet for customer service, addressing potential customer questions, and directing them as appropriate. d. Business card sized collateral item with QR code for website. ESTIMATED HOURS & FEE BY TASK Based upon the tasks as described herein, the anticipated resource distribution and level of effort needed to complete each task, and the hourly rates from the consulting agreement for the rate study, we have prepared an estimate of the cost of each task as shown below. As such, we would propose to provide the requested public engagement services on a time and material basis for a not to exceed amount of $35,000. Task 1 Written Communications Plan 2 1 16 2 3 0 24 $5, Task 2 Core Outreach Team Coordination 8 0 8 0 0 2 18 $5, Task 3 Website Development 2 2 18 24 26 9 81 $15, Task 4 Roadshow Presentation 4 1 6 0 1 2 14 $3, Task 5 Collateral Materials 3 3 10 6 4 0 26 $6, 777 S Harbour Island Boulevard, Suite 600 • Tampa, Florida 33602-5729 • Phone (904) 631-5109 Prirge 3 5 Stantec 193 Consent Item Indian River County, Florida �� 1 Department of Utility Services Board Memorandum Date: June 6, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator From: Sean C. Lieske, Director of Utility Services Prepared by: Howard G. Richards, P.E., Manager - Capital Projects Subject: Final Ranking of Firms and Selection of HDR Engineering, Inc. for RFQ 2024039 Integrated Water Master Plan for the Department of Utility Services IRCDUS Project ID 00.23.547 Background: Indian River County Department of Utility Services (IRCDUS) provides water, wastewater, and reuse water services to major portions of the County, including the City of Sebastian and Town of Orchid. IRCDUS also has interlocal agreements (ILA) for emergency water service to the Cities of Fellsmere and Vero Beach. Altogether, water and sewer services include over 50,000 accounts, serving a population of over 110,000 across an Urban Service Area (USA) of 96.44 square miles. Indian River County (IRC) is experiencing significant growth, which is expected to continue while even accelerating during the foreseeable future. To ensure that IRCDUS will continue to provide adequate water, wastewater, and reuse services to its customers, IRCDUS plans to complete an Integrated Water Master Plan (IWMP), to undergo a comprehensive analysis and assessments of the future demand forwater, wastewater, and reuse services, and to define short- and long-term capital improvements projects (CIP) for IRCDUS. On behalf of IRCDUS, the Purchasing Division issued a Request for Qualifications (RFQ) 2024039 on February 22, 2024, to identify qualified consulting engineering firms to develop an IWMP for its water, wastewater, and reuse utility systems. Five statements of qualifications (SOQs) were received on April 2, 2024. Analysis: A selection committee comprised of Howard Richards, Utilities Capital Projects Manager; Sean Lieske, Utilities Director; Nancy Bunt, Assistant County Administrator; Eric Charest, Assistant Natural Resources Director; and Richard Meckes; Utilities Operations Manager, independently reviewed and scored each SOO. in compliance with the instructions and criteria established in the RFQ. All five firms were invited to participate in discussions with the selection committee. At the conclusion of discussions, a final selection committee meeting was held, during which each committee member read their overall ranking of firms, and the final ranking determined: 194 1. HDR Engineering, Inc. 4. 2. Dewberry Engineers Inc. 3. Jacobs Engineering Group Inc. 5. Consent Item Kimley-Horn and Associates, Inc. and AtkinsRealis (team) Tetra Tech IRCDUS staff propose to negotiate the scope of work and associated fees with the top firm, HDR Engineering, Inc., to develop a professional services agreement to perform the IWMP for water, wastewater, and reuse systems. The negotiated agreement will be presented to the BCC for review and approval for execution of the same. Funding: No funding is being requested by this agenda item. Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve the final ranking of firms and authorize negotiations with the top ranked firm, and the subsequently ranked firms should negotiations with the top ranked firm fail. 195 Leslie R. Swan Supervisor of Elections Indian River County May 14, 2024 The Honorable Susan Adams Chairman, Board of County Commissioners Indian River County 180127 th Street, Building A Vero Beach FL 32960 Dear Chairman Adams: `,AI The Supervisor of Elections office collects fees for candidate and initiative petition verification and preparation of data lists. I am respectfully requesting to have the revenue received from petition verification fees and data list preparation be rolled back into the Supervisor of Elections FY2023/2024 budget. The Supervisor of Elections office verified 27,613 petitions and fulfilled 38 data lists during FY2023 — 2024. I have enclosed the accounting for providing these services totaling $3,905.90. Recently, the Board of County Commissioners allowed the Supervisor of Elections to take possession of the delivery truck acquired when the County purchased the property that housed Mike's Cut -Rate Furniture. The Elections Office is using the truck to deliver voting equipment and we would like to install a patriotic wrap to cover-up the Mike's Cut -Rate Furniture sign currently displayed on the truck. I am requesting the payments for petition verification and data list preparation be rolled back into our 2023-2024 budget so the Elections Office can purchase the truck wrap. Should you have any questions regarding the appropriation of these funds please do not hesitate to contact me. Most sincerely, Leslie R. Swan Supervisor of Elections l Enclosures 196 Vero Ave nue Beach, FL 32967 Office: (772) 226-3440 Fax: (772 770-567 stn; �.�� 197 2023-2024 Budget Year Candidate Petitions 198 Number of Petitions Received Date Name of Candidate Received Cost 10/2/2023 Robert MacCallum 46 $ 4.60 10/2/2023 John Hearton 151 $ 15.10 10/13/2023 John Hearton 1 $ 0.10 10/4/2023 Robert MacCallum 28 $ 2.80 10/6/2023 Peggy Jones 58 $ 5.80 10/6/2023 Peggy Jones 17 $ 1.70 10/9/2023 Keith Touchberry 64 $ 6.40 10/10/2023 Robert MacCallum 115 $ 11.50 10/16/2023 Peggy Jones 72 $ 7.20 10/16/2023 Keith Touchberry 21 $ 2.10 10/20/2023 Peggy Jones 58 $ 5.80 11/1/2023 Peggy Jones 55 $ 5.50 11/9/2023 Robert MacCallum 69 $ 6.90 11/9/2023 Milo Thornton 826 $ 82.60 11/13/2023 Peggy Jones 32 $ 3.20 11/15/2023 Laura Moss 320 $ 32.00 11/15/2023 Keith Toucberry 32 $ 3.20 11/17/2023 Peggy Jones 27 $ 2.70 11/20/2023 Peggy Jones 53 $ 5.30 11/20/2023 Robert MacCallum 62 $ 6.20 11/21/2023 Tim Borden 77 $ 7.70 12/5/2023 Robert MacCallum 99 $ 9.90 12/7/2023 Peggy Jones 72 $ 7.20 12/11/2023 Erin Grail 325 $ 32.50 12/13/2023 Peggy Jones 62 $ 6.20 12/15/2023 Peggy Jones 62 $ 6.20 12/18/2023 Daniel McDow 50 $ 5.00 12/19/2023 Bill Posey 978 $ 97.80 12/20/2023 Peggy Jones 31 $ 3.10 12/27/2023 Daniel McDow 75 $ 7.50 1/5/2024 Peggy Jones 55 $ 5.50 1/5/2024 Robert MacCallum 74 $ 7.40 1/8/2024 Tim Borden 200 $ 20.00 1/8/2024 Milo Thornton 386 $ 38.60 1/16/2024 Bill Posey 83 $ 8.30 1/16/2024 Peggy Jones 35 $ 3.50 1/17/2024 Nicole Menz 400 $ 40.00 1/22/2024 Peggy Jones 60 $ 6.00 1/25/2024 Deborah Shellenberger 43 $ 4.30 1/25/2024 Milo Thornton 154 $ 15.40 1/26/2024 Peggy Jones 30 $ 3.00 198 1/26/2024 Erin Grall 93 $ 9.30 1/29/2024 Daniel McDow 100 $ 10.00 1/29/2024 Carole Jean Jordan 57 $ 5.70 1/29/2024 Keith Touchberry 147 $ 14.70 1/30/2024 Bill Posey 39 $ 3.90 1/30/2024 Laura Moss 200 $ 20.00 2/1/2024 Nicole Menz 275 $ 27.50 2/2/2024 Peggy Jones 56 $ 5.60 2/6/2024 Bill Posey 109 $ 10.90 2/7/2024 Robert MacCallum 84 $ 8.40 2/9/2024 Peggy Jones 61 $ 6.10 2/9/2024 Carole Jean Jordan 214 $ 21.40 2/12/2024 Daniel McDow 52 $ 5.20 2/12/2024 Keith Touchberry 33 $ 3.30 2/14/2024 Peggylones 38 $ 3.80 2/16/2024 Robert MacCallum 82 $ 8.20 2/19/2024 Ryan Butler 451 $ 45.10 2/20/2024 Peggy Jones 44 $ 4.40 2/22/2024 Carole Jean Jordan 245 $ 24.50 2/22/2024 Robert MacCallum 73 $ 7.30 2/23/2024 Peggy Jones 38 $ 3.80 2/26/2024 Nicole Menz 330 $ 33.00 2/26/2024 Peggy Jones 24 $ 2.40 2/28/2024 Robert MacCallum 113 $ 11.30 2/29/2024 Peggy Jones 24 $ 2.40 2/29/2024 Wesley Davis 705 $ 70.50 3/4/2024 Peggylones 44 $ 4.40 3/4/2024 Tracey Zudans 310 $ 31.00 3/5/2024 Carole Jean Jordan 201 $ 20.10 3/6/2024 Ryan Butler 465 $ 46.50 3/7/2024 Wesley Davis 219 $ 9.50 3/8/2024 Robert MacCallum 153 $ 15.30 3/8/2024 Keith Touchberry 219 $ 21.90 3/8/2024 Kevin McDonald 110 $ 11.10 3/11/2024 Nicole Menz 314 $ 31.40 3/11/2024 Tim Borden 343 $ 34.30 3/11/2024 Carole Jean Jordan 263 $ 26.30 3/12/2024 Laura Moss 300 $ 30.00 3/12/2024 Peggy Jones 33 $ 3.30 3/13/2024 Tracey Zudans 177 $ 17.70 3/15/2024 Peggylones 19 $ 1.90 3/15/2024 Keith Touchberry 428 $ 42.90 3/18/2024 Tracey Zudans 67 $ 6.70 3/18/2024 Daniel McDow 73 $ 7.30 3/19/2024 Tracey Zudans 126 $ 12.60 3/19/2024 Robert MacCallum 250 $ 25.00 3/20/2024 John Hearton 189 $ 18.90 199 3/22/2024 Peggy Jones 19 $ 1.90 3/25/2024 Daniel McDow 13 $ 1.30 3/25/2024 Daniel McDow 10 $ 1.00 3/26/2024 Brenda Bradley 1167 $ 116.70 3/26/2024 Robert MacCallum 44 $ 4.40 3/27/2024 Carole Jean Jordan 54 $ 5.40 3/27/2024 Ryan Butler 438 $ 43.80 3/28/2024 Wesley Davis 230 $ 23.00 4/1/2024 Laura Moss 220 $ 22.00 4/1/2024 Joe Earman 600 $ 60.00 4/1/2024 Keith Touchberry 166 $ 16.60 4/2/2024 Eric Flowers 217 '$ 21.70 4/2/2024 Robert MacCallum 32 $ 3.20 4/3/2024 Carole Jean Jordan 177 $ 17.70 4/8/2024 Erin Grail 259 $ 25.90 4/9/2024 Robert MacCallum 4 $ 0.40 4/10/2024 Keith Touchberry 43 $ 4.30 4/11/2024 Tim Borden 486 $ 48.60 4/12/2024 Wesley Davis 86 $ 8.60 4/12/2024 Tracey Zudans 101 $ 10.10 4/15/2024 Kevin McDonald 500 $ 50.00 4/15/2024 Carole Jean Jordan 44 $ 4.40 4/16/2024 Laura Moss 200 $ 20.00 4/16/2024 Brenda Bradley 158 $ 15.80 4/17/2024 Erin Grail 21 $ 2.10 4/19/2024 Brenda Bradley 10 $ 1.00 4/24/2024 Wesley Davis 145 $ 14.50 4/25/2024 Erin Grail 166 $ 16.60 4/25/2024 Kevin McDonald 170 $ 17.00 4/26/2024 Laura Moss 100 $ 10.00 4/26/2024 Erin Grail 230 $ 23.00 4/26/2024 Wesley Davis 160 $ 16.00 4/29/2024 Erin Grail 481 $ 48.10 4/29/2024 Kevin McDonald 250 $ 25.00 4/30/2024 Tim Borden 362 $ 36.20 4/30/2024 Carole Jean Jordan 262 $ 26.20 5/1/2024 Tracey Zudans 434 $ 43.40 5/1/2024 Erin Grail 203 $ 20.30 5/2/2024 Eric Flowers 218 $ 21.80 5/2/2024 Erin Grail 247 $ 24.70 5/3/2024 Tracey Zudans 115 $ 11.50 5/3/2024 Kevin McDonald 80 $ 8.00 5/3/2024 Jad-Alexander Shalhoub 25 $ 2.50 5/6/2024 Kevin McDonald 325 $ 32.50 5/6/2024 Tracey Zudans 119 $ 11.90 5/6/2024 Tim Borden 66 $ 6.60 5/7/2024 Kevin McDonald 40 $ 4.00 200 5/7/2024 Laura Moss 120 $ 12.00 5/8/2024 Erin Grall 312 $ 31.20 5/9/2024 Kevin McDonald 15 $ 1.50 5/10/2024 Erin Grall 137 $ 13.70 5/10/2024 Kevin McDonald 14 $ 1.40 5/10/2024 Erin Grall 104 $ 10.40 5/10/2024 Kevin McDonald 21 $ 2.10 5/10/2024 Erin Grall 33 $ 3.30 TOTAL 23701 $ 2,357.90 201 2023-2024 Budget Year Initiative Petitions 202 Number of Petitions Received Date Petition Sponsor (Billed to) Petition # Verified Cost 10/9/2023 Floridians Protecting Freedom 23-07 94 $23.50 10/16/2023 Floridians Protecting Freedom 23-07 131 $32.75 10/18/2023 Floridians Protecting Freedom 23-07 1 $0.25 10/23/2023 Floridians Protecting Freedom 23-07 315 $78.75 10/30/2023 Floridians Protecting Freedom 23-07 214 $53.50 11/7/2023 Floridians Protecting Freedom 23-07 343 $85.75 11/13/2023 Floridians Protecting Freedom 23-07 778 $194.50 11/20/2023 Floridians Protecting Freedom 23-07 394 $98.50 11/27/2023 Floridians Protecting Freedom 23-07 577 $144.25 11/30/2023 Floridians Protecting Freedom 23-07 141 $35.25 12/5/2023 Floridians Protecting Freedom 23-07 134 $33.50 12/8/2023 Floridians Protecting Freedom 23-07 125 $31.25 12/15/2023 Floridians Protecting Freedom 23-07 192 $48.00 12/20/2023 Floridians Protecting Freedom 23-07 32 $8.00 12/27/2023 Floridians Protecting Freedom 23-07 258 $64.50 12/29/2023 Floridians Protecting Freedom 23-07 75 $18.75 1/16/2024 Floridians Protecting Freedom 23-07 49 $12.25 1/25/2024 Floridians Protecting Freedom 23-07 59 $14.75 TOTAL 3912 $978.00 202 2023-2024 Budget Year Data Lists.. Public Records Requests and Misc. Request Date Name of Requestor Type of Request Cost 10/2/2023 Bob McPartlan Voter List $15.00 10/2/2023 John Cotugno Voter List (2) $30.00 10/2/2023 John Hearton Voter List $15.00 10/4/2023 William Evans VBM Data List $15.00 10/5/2023 John Cotugno Voter Lists (4) $60.00 10/13/2023 John Cotugno Returned VBM List $15.00 10/19/2023 Peter Pifer Voter List $15.00 10/25/2023 John Cotugno Returned VBM List $15.00 1/11/2024 Sandra Rivera Voter List $15.00 1/31/2024 Daniel McDow Voter List $15.00 2/23/2024 Peter Pifer Voter List (2) $30.00 2/27/2024 Colleen MacCallum Voter List (2) $30.00 3/4/2024 Jeff Andros Voter List $15.00 3/6/2024 Courtney Oberg Protect Petition Data list (2) $30.00 Human Life Florida 3/8/2024 Fran Adams Voter List $15.00 3/14/2024 Political Consulting Voter List $15.00 3/18/2024 Daniel McDow Voter List $15.00 3/25/2024 Daniel McDow Petition Data list (2) $30.00 3/25/2024 Anne Brakman Voter List $15.00 4/8/2024 Jonathan Buckley Voter List $15.00 4/9/2024 Jonathan Buckley Voter List $15.00 4/15/2024 Kevin McDonald Voter list $15.00 4/30/2024 Dee Lavandera Voter list (2) $30.00 4/30/2024 Dee Lavandera Voter List $15.00 5/3/2024 Kevin McDonald Voter List $15.00 5/9/2024 Suzi Stoller Voter List (2) $30.00 5/10/2024 Jad-Alexander Shalhoub Voter List (2) $30.00 TOTAL $570.00 203 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSION REQUEST TO BE SCHEDULED FOR PUBLIC DISCUSSION Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission NAME OF INDIVIDUAL OR ORGANIZATION: Bill Rigby / West Wabasso Progressive Civic League ADDRESS: RFP Policies SUBJECT MATTER FOR DISCUSSION: PHONE: 772-501-4753 IS A DIGITAL/ELECTRONIC PRESENTATION PLANNED? 71 YES F;;�_] NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? El YES � NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered a Phone MEETING DATE: 6/4/2024 204 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attomey Oce of Public Notice 0611812024 IV INDIAN RIVER COUNTY ATTORNEY /0-C, I,, MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, County Attorney DATE: June 7, 2024 SUBJECT: Permission to Advertise for 74th Avenue Property Exchange on July 2, 2024 It is common throughout the County to use canal rights-of-way for County roads. Most of the canal rights-of-way are 100 feet in width, so there is room for a canal and a road within that 100 feet. Historically, the roads along side the canals were used to maintain the canal, but as the County grew in population, those roads were improved to accommodate the increase in traffic. An example of this would be 74th Avenue. The canal is on the east side of 74th Avenue and the road itself is adjacent to the canal to the west, within the canal right-of-way. But along 74th Avenue between 1 I Street SW and 5th Street SW, private property lies to the west of the canal, then there is a 20 foot gap, and then j there is a 30 foot wide strip of right-of-way. There is no roadway in the 30 foot right-of-way strip, as the roadway lies next to the canal in the seemingly privately owned property. Please see the attached sketch as a sample of the situation along this stretch of 74th Avenue. While this situation has existed since 1956, it now needs to be resolved. Florida Public Utilities, formerly known as Florida City Gas, needs to install a gas line along 74th Avenue to supply natural gas to the improvements being constructed at the County Landfill. As it stands now, there is insufficient room to install the line without correcting the right-of-way configuration. In order to rectify this error, the County proposes an even exchange of land without consideration with the affected property owners along 74th Avenue. The County will prepare a Property Exchange Agreement and deeds for the parcels to be exchanged and record the deeds with the corrected legal descriptions. Florida Statutes §125.37 directs that the proposed exchange must be published in the local newspaper once a week for at least two weeks before adoption of a resolution authorizing the exchange. We are requesting permission to advertise this proposed exchange to be heard by the Board of County Commissioners on July 2, 2024. Funding. The only impact to County funds brought about by this exchange are advertising costs of ' approximately $285 and recording fees in the amount of $228.90 which is currently budgeted and available from SWDD/Landfill/Legal Ads, Acct#41121734-034910 and SWDD/Landfill/Recording , Fees. Acct# 41121734-034830. Recommendation. Staff recommends the Board of County Commissioners authorize staff to proceed with the required advertisements for the property exchange. 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Titkanich, Jr., County Administrator FROM: Suzanne Boyll, Human Resources Director DATE: June 3, 2024 SUBJECT: Approval of AM -202.4 At -Will Employment Policy, Amendment to AM -212.1 Termination, Amendment to AM -801.1 Behavior of Employees; Amendment to AM -804.1 Customer Service; Amendment to AM -807.1 Disciplinary Process BACKGROUND: Indian River County has established administrative policies outlining various policies, practices and procedures applicable to County employees. The current administrative policies extend due process and property rights to employees of Indian River County Board of County Commissioners. After completing the initial probationary period, employees may be dismissed only for "cause" as identified in County policy. The attachment of property rights to a public servant's job has been noted that it may lead to marginal or poor performers remaining employed and less likely to be motivated to be responsive to the goals and priorities of the County. Florida is an at -will state, which means that either the employer or the employee can end the employment relationship without cause or without notice, for any non-discriminatory reason. County staff consulted with the County's labor attorney (of approximately 25 years) in the drating of this proposed at -will employment policy. The County Administration seeks to align with the State of Florida and other Florida local government at -will employment provisions and des ignate the following positions as at -will: • Deputy/Assistant County Administrators; • Department Directors; • Assistant Directors; • Division Heads; • Managers, or positions with managerial responsibilities directing employee(s) or managing a program; • Commissioner Assistants The County Administrator, Deputy County Administrator, Assistant County Administrator, and Human Resources Director initially identified the positions in a very measured manner and limited application of the policy to those positions that manage people and or programs, and those that provide critical support to the Board of County Commission. Department directors 2 provided input and several positions were reevaluated/evaluated, of which some were recommended to be excluded and some included. In the end, after reviewing job descriptions detailing duties and responsibilities, one position was excluded, and others recommended were not included. Roughly ninety (90) staff members have been provided written notice of the proposed change to designate them as at -will employees and each employee has been notified they have the opportunity to address the Board regarding the proposed change prior to the Board voting on the proposed change. The attached policy is a revised policy based on feedback from members of staff that presented concerns or suggested the application of the policy could be clarified. To address the process concern, the following revisions were made: 1. The policy noted (Comment 1), prior to the County initiation a separation under the at - will employment policy, for positions below the level of department director, the initiating manager must receive approval from the Human Resources Director and the County Administrator. 2. Comment 2 provides that if an employee, below the level of department director, is recommended for separation under the policy they would be able to request a meeting with the County Administrator prior to the separation date. 3. The Notice of Separation would provide the separation date and an employee would be placed on administrative leave with pay for a period of three (3) working days. If the employee requests a meeting, a meeting will be scheduled within five (5) working days and the employee will remain on administrative leave until the meeting is held and the final decision of the County Administrator is made. 4. Comment 4 provides that the County may provide severance payment of up to 20 weeks as approved by the County Administrator and at the discretion of the County Administrator. All affected employees received a letter informing them of the proposed At -Will Employment policy along with a copy of the policy. The letter also advised affected employees that the policy would be presented to the Board of County Commissioners at its Tuesday, June 18, 2024, meeting. In addition to a discussion among the senior leadership team on Monday, June 10th, County Administration held two meetings with affected employees, via Microsoft Teams, on Wednesday, June 12th (10 a.m. and 2 p.m.) to present this policy, specifically the revised policy which was provided to all affected employee at least 24 hours in advance of the meetings. More than 60 employees participated in the meetings. Again this policy only affects those employees (positions) who hold executive managerial or critical positions supporting the Board of County Commissioners All other employees of the County will retain due process and property rights related to their current positions. provided input and several positions were reevaluated/evaluated, of which some were recommended to be excluded and some included. In the end, after reviewing job descriptions detailing duties and responsibilities, one position was excluded, and others recommended were not included. Roughly ninety (90) staff members have been provided written notice of the proposed change to designate them as at -will employees and each employee has been notified they have the opportunity to address the Board regarding the proposed change prior to the Board voting on the proposed change. The attached policy is a revised policy based on feedback from members of staff that presented concerns or suggested the application of the policy could be clarified. To address the process concern, the following revisions were made: 1. The policy noted (Comment 1), prior to the County initiation a separation under the at - will employment policy, for positions below the level of department director, the initiating manager must receive approval from the Human Resources Director and the County Administrator. 2. Comment 2 provides that if an employee, below the level of department director, is recommended for separation under the policy they would be able to request a meeting with the County Administrator prior to the separation date. 3. The Notice of Separation would provide the separation date and an employee would be placed on administrative leave with pay for a period of three (3) working days. If the employee requests a meeting, a meeting will be scheduled within five (5) working days and the employee will remain on administrative leave until the meeting is held and the final decision of the County Administrator is made. 4. Comment 4 provides that the County may provide severance payment of up to 20 weeks as approved by the County Administrator and at the discretion of the County Administrator. All affected employees received a letter informing them of the proposed At -Will Employment policy along with a copy of the policy. The letter also advised affected employees that the policy would be presented to the Board of County Commissioners at its Tuesday, June 18, 2024, meeting. In addition to a discussion among the senior leadership team on Monday, June 10th, County Administration held two meetings with affected employees, via Microsoft Teams, on Wednesday, June 12th (10 a.m. and 2 p.m.) to present this policy, specifically the revised policy which was provided to all affected employee at least 24 hours in advance of the meetings. More than 60 employees participated in the meetings. Again, this policy only affects those employees (positions) who hold executive, managerial, or critical positions supporting the Board of County Commissioners. All other employees of the County will retain due process and property rights related to their current positions. 209 It should also be noted that absent from the County designating at -will employees, the County is limited by Florida Statute in its ability to provide severance pay up to 20 weeks. In conjunction with this proposed policy, several other policies are proposed to being amended, two to reflect and be consistent with this proposed at -will employment policy, one related to behavior of employees, and one related to customer service. Briefly, the below policies are being amended: • AM -212.1 Termination (to reflect and be consistent with the proposed At -Will Employment policy) • AM -801.1 Behavior of Employees (to clarify and emphasize that employees serve the public; add that employee conduct includes complying with applicable departmental/division safety procedures; clarifying treatment of fellow employees and the public in a respectful and courteous manner; deleting the prohibition of possessing firearms or other weapons on County property; and clarifying insubordination) • AM -804.1 Customer Service (clarifies the expectation that County is customer and service oriented and amends to declare expectations and responsibilities of employees representing the County, such as, providing "the highest level of customer service," employees are encouraged to identify and report customer services concerns and work to improve or resolve customer service concerns, and provides guidance related to employees conduct in response to customers... listening, seeking to understand the customer's perspective, and provide assistance, guidance, and direction, among others) • AM -807.1 Disciplinary Process (to reflect and be consistent with the proposed At -Will Employment policy) FUNDING: There is no cost associated with these policy revisions. RECOMMENDATION: The Board of County Commissioners approve AM -202.4 At -Will Employment policy; amendment to AM -212.1 Termination policy; amendment to AM -801.1 Behavior of Employees policy; amendment to AM -804.1 Customer Service policy; and amendment to AM -807.1 Disciplinary Process policy. ATTACHMENTS: AM -202.4 At -Will Employment AM -212.1 Termination AM -801.1 Behavior of Employees AM -804.1 Customer Service AM -807.1 Disciplinary Process 210 Pnl_ICY- It is the policy of the County that employees who hold executive, managerial, or ked- ritical positions supporting the Board of County Commissioners are designated as at -will employees. As such, all Deputy/Assistant County Administrators, department directors, assistant directors, division heads, managers, or positions with managerial responsibilities directing employee(s) or managing a program as well as Commissioner Assistants are employed at -will. This policy will extend to those employees who transfer, promote, demote, or are reclassified into a position designated at -will. Accordingly, for those employees who are designated at -will, either the employee or the County may terminate the employment relationship at will, with or without cause or notice, at any time, for any reason or no reason. Employees who resign do not need to meet notice requirements. Refer to AM -212.1 TERMINATION OF EMPLOYMENT. COMMENT: Prior to the County initiating a separation under this at -will employment policy, for positions below the level of department director, the initiating manager/director must receive approval, the deGiGien mus b from the Human Resources Director and the County Administrator. If the GE)LIRty payrneRt of up to 20 weeks as approved by the COURty AdMirlistrater and at the diSGretien of the 2. In the event an emplovee below the level of department director is recommended for separation under this policy, the employee may request a meeting with the County Administrator prior to implementation of the separation. The employee will be placed on paid administrative leave for a period not to exceed three (3) working days from receipt of the notice of separation. If the employee requests a meeting, the meeting will be scheduled within five (5) working days and the employee will continue on a paid administrative leave status pending the meeting and final decision of the County Administrator. The decision of the County Administrator shall be final and binding. 3. Employees represented by a collective bargaining agreement are subject to the terms and conditions of employment as outlined in the agreement. Employees who are designated as contract employees are subject to the terms and conditions of employment as outlined in the employment contract. 4. If the County initiates termination of employment for an at -will employee, the County may provide severance payment of up to 20 weeks as approved by the County Administrator and at the discretion of the County Administrator. Prior to implementing this policy, Current employees who are employed in a position that is designated to be at -will, will be provided written notice of the proposed at -will policy and given th� opportunity to address the Board of County Commissioners at a publicly noticed meeting regarding the proposed policy. 211 SECTION NUMBER EFFECTIVE DATE AMINISTRATIVE HUMAN POLICY RESOURCES AM -202.4 SUBJECT PAGE MANUAL AT -WILL EMPLOYMENT 1 of 2 It is the policy of the County that employees who hold executive, managerial, or ked- ritical positions supporting the Board of County Commissioners are designated as at -will employees. As such, all Deputy/Assistant County Administrators, department directors, assistant directors, division heads, managers, or positions with managerial responsibilities directing employee(s) or managing a program as well as Commissioner Assistants are employed at -will. This policy will extend to those employees who transfer, promote, demote, or are reclassified into a position designated at -will. Accordingly, for those employees who are designated at -will, either the employee or the County may terminate the employment relationship at will, with or without cause or notice, at any time, for any reason or no reason. Employees who resign do not need to meet notice requirements. Refer to AM -212.1 TERMINATION OF EMPLOYMENT. COMMENT: Prior to the County initiating a separation under this at -will employment policy, for positions below the level of department director, the initiating manager/director must receive approval, the deGiGien mus b from the Human Resources Director and the County Administrator. If the GE)LIRty payrneRt of up to 20 weeks as approved by the COURty AdMirlistrater and at the diSGretien of the 2. In the event an emplovee below the level of department director is recommended for separation under this policy, the employee may request a meeting with the County Administrator prior to implementation of the separation. The employee will be placed on paid administrative leave for a period not to exceed three (3) working days from receipt of the notice of separation. If the employee requests a meeting, the meeting will be scheduled within five (5) working days and the employee will continue on a paid administrative leave status pending the meeting and final decision of the County Administrator. The decision of the County Administrator shall be final and binding. 3. Employees represented by a collective bargaining agreement are subject to the terms and conditions of employment as outlined in the agreement. Employees who are designated as contract employees are subject to the terms and conditions of employment as outlined in the employment contract. 4. If the County initiates termination of employment for an at -will employee, the County may provide severance payment of up to 20 weeks as approved by the County Administrator and at the discretion of the County Administrator. Prior to implementing this policy, Current employees who are employed in a position that is designated to be at -will, will be provided written notice of the proposed at -will policy and given th� opportunity to address the Board of County Commissioners at a publicly noticed meeting regarding the proposed policy. 211 6. Following implementation of this policy, Human Resources will establish procedures to notify employees of the at -will employment status at the time of extending an offer of employment, promotion, transfer, or reclassification. SECTION NUMBER EFFECTIVE DATE AMINISTRATIVE HUMAN POLICY RESOURCES AM -202.4 SUBJECT PAGE MANUAL AT -WILL EMPLOYMENT 2 of 2 6. Following implementation of this policy, Human Resources will establish procedures to notify employees of the at -will employment status at the time of extending an offer of employment, promotion, transfer, or reclassification. POLICY: It is the policy of the County to terminate employment due to: beGause of �^ • employee's resignation • discharge without cause under terms of at -will employment • discharae for cause. misconduct or unsatisfactory iob performance f9F Gause • death • retirement • lay off • end of temporary/seasonal employment 9F unsatisfaGteFy job peFfORnanG9. Employees are free to resign at any time. COMMENT: Employees are expected to give written notice of their intention to resign to their supervisor or manager. Upon receipt of a resignation, the manager or supervisor should note that the resignation is accepted and email the resignation to Human Resources. Failure to give written notice may result in ineligibility for re-employment. The following guidelines are suggested: a. Supervisory and managerial employees should give four weeks notice. b. Exempt nonmanagement employees should give three weeks notice. C. All other employees are expected to give two weeks notice. 2. Procedures for termination for misconduct or for ffeef unsatisfactory mob performance are provided in the units BEHAVIOR OF EMPLOYEES, AM -801.1 and DISCIPLINARY PROCEDURE, AM -807.1. 3. Procedures governing termination due to lay off are provided in the unit LAYOFF AND RECALL, AM -211.1. 4. Voluntary resignations termin-atiens should be Pfeseesed submitted to Human Resources Personnel as soon as the written resignation has been received and accepted by the manager or supervisor. At -will terminations will follow the at -will employment procedures. 213 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN RESOURCES AM -212.1 POLICY SUBJECT PAGE MANUAL TERMINATION OF 1 of 2 EMPLOYMENT It is the policy of the County to terminate employment due to: beGause of �^ • employee's resignation • discharge without cause under terms of at -will employment • discharae for cause. misconduct or unsatisfactory iob performance f9F Gause • death • retirement • lay off • end of temporary/seasonal employment 9F unsatisfaGteFy job peFfORnanG9. Employees are free to resign at any time. COMMENT: Employees are expected to give written notice of their intention to resign to their supervisor or manager. Upon receipt of a resignation, the manager or supervisor should note that the resignation is accepted and email the resignation to Human Resources. Failure to give written notice may result in ineligibility for re-employment. The following guidelines are suggested: a. Supervisory and managerial employees should give four weeks notice. b. Exempt nonmanagement employees should give three weeks notice. C. All other employees are expected to give two weeks notice. 2. Procedures for termination for misconduct or for ffeef unsatisfactory mob performance are provided in the units BEHAVIOR OF EMPLOYEES, AM -801.1 and DISCIPLINARY PROCEDURE, AM -807.1. 3. Procedures governing termination due to lay off are provided in the unit LAYOFF AND RECALL, AM -211.1. 4. Voluntary resignations termin-atiens should be Pfeseesed submitted to Human Resources Personnel as soon as the written resignation has been received and accepted by the manager or supervisor. At -will terminations will follow the at -will employment procedures. 213 Termination for cause. misconduct or unsatisfactory iob performance will follow the applicable disciplinary procedures ` eGi6i^^ is kno,A,n by the employee Personnel ..,.n and benefits matters Benefit eligible employees will receive notice of COBRA continuation rights from the Countv's COBRA administrator. Eliaible retirees will be orovided retiree benefit continuation benefits. Employees who are absent from work for three consecutive days without being excused or giving proper notice of their absence will be considered as having voluntarily resigned without notice quA. 5. The Persr G�sGRneI Human Resources Department will arrange to have the final pay for terminated employees prepared for distributinn on the next normally scheduled pay date following the termination date. It can be mailed if the employee requests same in writing. Otherwise, final pay should be picked up in the P,� RRel Human Resources office by the employee or someone who has written authorization to do so. F'Ral pay will be ready ^^ 6. Preparation of final pay will consider the return by the employee of all County property in their possession including, but not limited to, uniforms, County identification cards and badges, keys, and County owned devices. €n;ergeno;SeR�iG86 P badges. If any County property in the employee's possession has been lost or damaged, the coot of replacing or repairing it shall be deducted from the final paycheck in accordance with applicable federal and state laws. 7. County property (see 6. above), will be returned to the issuing department or divioion representative who will then notify Human Resources via email Peri �,SGn ;et of its return.! 8. Employees represented by a collective bargaining agreement are subject to the terms and conditions of employment as outlined in the agreement. Employees who are designated as contract employees are subject to the terms and conditions of employment as outlined in the employment contract. 214 SECTION NUMBER EFFECTIVE DATE HUMAN ADMINISTRATIVE RESOURCES AM -212.1 POLICY SUBJECT PAGE MANUAL TERMINATION OF 2 of 2 EMPLOYMENT Termination for cause. misconduct or unsatisfactory iob performance will follow the applicable disciplinary procedures ` eGi6i^^ is kno,A,n by the employee Personnel ..,.n and benefits matters Benefit eligible employees will receive notice of COBRA continuation rights from the Countv's COBRA administrator. Eliaible retirees will be orovided retiree benefit continuation benefits. Employees who are absent from work for three consecutive days without being excused or giving proper notice of their absence will be considered as having voluntarily resigned without notice quA. 5. The Persr G�sGRneI Human Resources Department will arrange to have the final pay for terminated employees prepared for distributinn on the next normally scheduled pay date following the termination date. It can be mailed if the employee requests same in writing. Otherwise, final pay should be picked up in the P,� RRel Human Resources office by the employee or someone who has written authorization to do so. F'Ral pay will be ready ^^ 6. Preparation of final pay will consider the return by the employee of all County property in their possession including, but not limited to, uniforms, County identification cards and badges, keys, and County owned devices. €n;ergeno;SeR�iG86 P badges. If any County property in the employee's possession has been lost or damaged, the coot of replacing or repairing it shall be deducted from the final paycheck in accordance with applicable federal and state laws. 7. County property (see 6. above), will be returned to the issuing department or divioion representative who will then notify Human Resources via email Peri �,SGn ;et of its return.! 8. Employees represented by a collective bargaining agreement are subject to the terms and conditions of employment as outlined in the agreement. Employees who are designated as contract employees are subject to the terms and conditions of employment as outlined in the employment contract. 214 0 G� s ORM It is the policy of the County that certain standards of behavior rules and regulations renarriinn employee hehayier are necessary for the efficient operation of the County and for the benefit and safety of all employees and the public we serve. Conduct that interferes with operations, discredits the County, or is offensive to fellow employees, business associates or the public vie serve will not be tolerated. We] kv,IIA" aiI 9 1. Employees are expected at all times to conduct themselves in a positive manner so as to promote the best interests of the County. Such conduct includes: a. Reporting to work punctually as scheduled and being at the proper workstation, ready for work, at the assigned starting time. Reporting to work late impacts coworkers and the public we serve. See the unit ATTENDANCE AND PUNCTUALITY, AM -701.1. b. Giving proper advance notice whenever unable to work or report on time. See tl�e unit ATTENDANCE AND PUNCTUALITY, AM -701.1. c. Complying with all County safety regulations. See the section RISK MANAGEMENT, AM -1000.1 thru AM -1000.11 and applicable departmental/ division safety procedures. d. Wearing clothing appropriate for the work being performed. See the unit PERSONAL APPEARANCE AM -802.1. e. Treating all business associates, fellow employees, and the public in a respectful and courteous manner. See the unit CUSTOMER RELATIONS AM -804.1. Refraining from behavior or conduct deemed offensive or undesirable by a reasonable and prudent supervisor, or which is contrary to the County's best interests. g. Performing assigned tasks efficiently and in accord with established qualify standards. h. Reporting to management suspicious, unethical, or illegal conduct by fellow 215 SECTION NUMBER EFFECTIVE DATE AMINISTRATIVE HUMAN POLICY RESOURCES AM -801.1 MANUAL SUBJECT PAGE BEHAVIOR OF EMPLOYEES 1 of 3 It is the policy of the County that certain standards of behavior rules and regulations renarriinn employee hehayier are necessary for the efficient operation of the County and for the benefit and safety of all employees and the public we serve. Conduct that interferes with operations, discredits the County, or is offensive to fellow employees, business associates or the public vie serve will not be tolerated. We] kv,IIA" aiI 9 1. Employees are expected at all times to conduct themselves in a positive manner so as to promote the best interests of the County. Such conduct includes: a. Reporting to work punctually as scheduled and being at the proper workstation, ready for work, at the assigned starting time. Reporting to work late impacts coworkers and the public we serve. See the unit ATTENDANCE AND PUNCTUALITY, AM -701.1. b. Giving proper advance notice whenever unable to work or report on time. See tl�e unit ATTENDANCE AND PUNCTUALITY, AM -701.1. c. Complying with all County safety regulations. See the section RISK MANAGEMENT, AM -1000.1 thru AM -1000.11 and applicable departmental/ division safety procedures. d. Wearing clothing appropriate for the work being performed. See the unit PERSONAL APPEARANCE AM -802.1. e. Treating all business associates, fellow employees, and the public in a respectful and courteous manner. See the unit CUSTOMER RELATIONS AM -804.1. Refraining from behavior or conduct deemed offensive or undesirable by a reasonable and prudent supervisor, or which is contrary to the County's best interests. g. Performing assigned tasks efficiently and in accord with established qualify standards. h. Reporting to management suspicious, unethical, or illegal conduct by fellow 215 employees, business associates or the public. 2. The following conduct is prohibited and will subject the individual involved to disciplinary action up to and including termination. See the unit DISCIPLINARY PROCEDURE, AM - 807.1. a. Reporting to work under the influence of alcoholic beverages and/or illegal drugs and narcotics or the use, sale, dispensing, or possession of alcoholic beverages and/or illegal drugs and narcotics on County premises. b. Using profanity or abusive language. c. Being insubordinate eFby willfully ignoring, disobeying, or refusing to follow direction from a manager or supervisor of the Countymanagement's concerning a job-related matter. d. Fighting or assault on a fellow employee, business associate, or member of the public. e. Stealing, destroying, defacing, or misusing County property or another employee's property. f. Gambling on County property. g. Falsifying or altering any County record or report, such as an application for employment, a medical report, a work record, a time record, an absentee report, or shipping and receiving records. h. Threatening or intimidating management, supervisors, fellow employees, business associates or members of the public. i. Becoming involved in horseplay, pranks, or practical jokes. j. Unauthorized sleeping on the job. k. Failing to wear assigned safety equipment or failing to abide by safety rules and policies. 216 SECTION NUMBER EFFECTIVE DATE AMINISTRATIVE HUMAN POLICY RESOURCES AM -801.1 MANUAL SUBJECT PAGE BEHAVIOR OF EMPLOYEES 2 of 3 employees, business associates or the public. 2. The following conduct is prohibited and will subject the individual involved to disciplinary action up to and including termination. See the unit DISCIPLINARY PROCEDURE, AM - 807.1. a. Reporting to work under the influence of alcoholic beverages and/or illegal drugs and narcotics or the use, sale, dispensing, or possession of alcoholic beverages and/or illegal drugs and narcotics on County premises. b. Using profanity or abusive language. c. Being insubordinate eFby willfully ignoring, disobeying, or refusing to follow direction from a manager or supervisor of the Countymanagement's concerning a job-related matter. d. Fighting or assault on a fellow employee, business associate, or member of the public. e. Stealing, destroying, defacing, or misusing County property or another employee's property. f. Gambling on County property. g. Falsifying or altering any County record or report, such as an application for employment, a medical report, a work record, a time record, an absentee report, or shipping and receiving records. h. Threatening or intimidating management, supervisors, fellow employees, business associates or members of the public. i. Becoming involved in horseplay, pranks, or practical jokes. j. Unauthorized sleeping on the job. k. Failing to wear assigned safety equipment or failing to abide by safety rules and policies. 216 �, ••low, a Engaging in any form of sexual harassment or discriminatory conduct in violation of County policy. m. Violation of the County's policies on solicitation or distribution. n. Acting in a manner that is deceitful or dishonest, to include providing false statements, when communicating with coworkers, supervisors, managers, or the public we serve. 217 SECTION NUMBER EFFECTIVE DATE AMINISTRATIVE HUMAN POLICY RESOURCES AM -801.1 MANUAL SUBJECT PAGE BEHAVIOR OF EMPLOYEES 3 of 3 �, ••low, a Engaging in any form of sexual harassment or discriminatory conduct in violation of County policy. m. Violation of the County's policies on solicitation or distribution. n. Acting in a manner that is deceitful or dishonest, to include providing false statements, when communicating with coworkers, supervisors, managers, or the public we serve. 217 1167Ry'A It is the policy of the County to be customer/pubfis and service oriented and to ro^,,;ro o^,^'^"eon W treat the G icte.r,e4serye our customers and the public in a courteous and respectful manner at all times. COMMENT: 1 Cmnle�iee6 mW6t i Rderstand that the G stemersip uhlin n^meo tiro+ All employees have ae ebl+ga#feeresponsibility to represent the County in a positive fashienmanner and to make the customers/public feel as comfortable as possible +r -when dealing with the organization. 2. Every employee is a representative of the County and is expected to be familiar with the Couaty's services and the operational structure. Department directors. managers and supervisors' are responsible for providing an overview of County services to their employees and orienting employees to information that will assist the employee in becoming familiar with County services and providing the highest level of customer service. edUGate the about the use of the COURty'S seWiGes and should seek impFeved ways to cordo them 3. Employees are encouraged to identify and report recurring customer service/peblls related concernspreblems to their supervisor ander make suggestions for changes in GOURt Fpolicies or operating procedures to improve or resolve customer service concernsselve problems. 4. Employees should be prepare listen carefully to customer inquiries to understand the customer's perspective and concerns and provide GemplaiRts and assistance, guidance, and direction in the" ileal i.gmth them iR a responsive, professional manner. If the customer has a disagreement , the employee should attempt to explain the County policy or procedure in a clear and respectful manner. If the ah, -sive and the employee cannot resolve the issue problem, and the customer is seeking additional review of the matter, the customer should be referred to the employee's supervisor. 5. Employees should exercise courtesy and thoughtfulness when using the telephone. A positive telephone contact with a customer/public can enhance goodwill while a negative experience can destroy a valuable positive relationship. The following procedures should be observed whenever possible: 218 SECTION NUMBER EFFECTIVE DATE AMINISTRATIVE HUMAN POLICY RESOURCES AM -804.1 MANUAL SUBJECT PAGE CUSTOMER SERVICE 1 of 2 It is the policy of the County to be customer/pubfis and service oriented and to ro^,,;ro o^,^'^"eon W treat the G icte.r,e4serye our customers and the public in a courteous and respectful manner at all times. COMMENT: 1 Cmnle�iee6 mW6t i Rderstand that the G stemersip uhlin n^meo tiro+ All employees have ae ebl+ga#feeresponsibility to represent the County in a positive fashienmanner and to make the customers/public feel as comfortable as possible +r -when dealing with the organization. 2. Every employee is a representative of the County and is expected to be familiar with the Couaty's services and the operational structure. Department directors. managers and supervisors' are responsible for providing an overview of County services to their employees and orienting employees to information that will assist the employee in becoming familiar with County services and providing the highest level of customer service. edUGate the about the use of the COURty'S seWiGes and should seek impFeved ways to cordo them 3. Employees are encouraged to identify and report recurring customer service/peblls related concernspreblems to their supervisor ander make suggestions for changes in GOURt Fpolicies or operating procedures to improve or resolve customer service concernsselve problems. 4. Employees should be prepare listen carefully to customer inquiries to understand the customer's perspective and concerns and provide GemplaiRts and assistance, guidance, and direction in the" ileal i.gmth them iR a responsive, professional manner. If the customer has a disagreement , the employee should attempt to explain the County policy or procedure in a clear and respectful manner. If the ah, -sive and the employee cannot resolve the issue problem, and the customer is seeking additional review of the matter, the customer should be referred to the employee's supervisor. 5. Employees should exercise courtesy and thoughtfulness when using the telephone. A positive telephone contact with a customer/public can enhance goodwill while a negative experience can destroy a valuable positive relationship. The following procedures should be observed whenever possible: 218 vER co G2 .e t s a. When answering the telephone, smile, use a pleasant tone of voice to greet the caller, give the name of the department, and identify yourself, and ask how you may assist; Example: "Utilities Customer Service, this is Laura, how may 1 assist you?" e b. If the person with whom the caller wishes to speak is on another line, ask the caller if they want to be placed on hold, or ask if you or another employee could peFhaps be of assistance; i c. If the caller has been placed on hold, carefully monitor the holding period and offer to hav4 the call returned if the person with whom they wish to speak is not available within a reasonable time; d. When a caller leaves a name, number, or message, make sure it is relayed tly pad-g+vee promptly to the appropriate individual; e. When using the telephone, all employees should take and place their own calls unless departmental protocol has been established otherwise. MILT-17--m—MAr_V While recoanizina that Enalish is the official lanauaae in the State of Florida. in situations where the customer's/ primary language is one other than English and the employee is also conversant in the other language, employees are encouraged to provide support in the customer's language. If the employee is not conversant in the customer's language, it would be appropriate to refer the customer to an emDlovee who speaks the lanauaae or utilize available interpreter services/technology. an—jUsh a speoial situatiOR, the -rimy' appFepriately e-lice+i Use d in the other lang ag-k 219 SECTION NUMBER EFFECTIVE DATE AMINISTRATIVE HUMAN POLICY RESOURCES AM -804.1 MANUAL SUBJECT PAGE CUSTOMER SERVICE 2 of 2 a. When answering the telephone, smile, use a pleasant tone of voice to greet the caller, give the name of the department, and identify yourself, and ask how you may assist; Example: "Utilities Customer Service, this is Laura, how may 1 assist you?" e b. If the person with whom the caller wishes to speak is on another line, ask the caller if they want to be placed on hold, or ask if you or another employee could peFhaps be of assistance; i c. If the caller has been placed on hold, carefully monitor the holding period and offer to hav4 the call returned if the person with whom they wish to speak is not available within a reasonable time; d. When a caller leaves a name, number, or message, make sure it is relayed tly pad-g+vee promptly to the appropriate individual; e. When using the telephone, all employees should take and place their own calls unless departmental protocol has been established otherwise. MILT-17--m—MAr_V While recoanizina that Enalish is the official lanauaae in the State of Florida. in situations where the customer's/ primary language is one other than English and the employee is also conversant in the other language, employees are encouraged to provide support in the customer's language. If the employee is not conversant in the customer's language, it would be appropriate to refer the customer to an emDlovee who speaks the lanauaae or utilize available interpreter services/technology. an—jUsh a speoial situatiOR, the -rimy' appFepriately e-lice+i Use d in the other lang ag-k 219 It is the policy of the County that all employees are expected to comply with the County's standards of behavior and performance and that any noncompliance with these standards must be remedied. See also the units BEHAVIOR OF EMPLOYEES, AM -801.1; OFFENSES/DISCIPLINARY PATTERN, AM -807.2; and VEHICLE GUIDELINES, AM -1000.7. (:(1MMFNT- 1. "Due Process": This policy recognizes that public employees' expectation of continued employment is a property right. As such, the employee, excluding those designated as an at -will or contract employee, is entitled to the Odue P -process elements of the Fo urteeRth AmeR dmon+ to . The employef County provides due process in any suspension or termination action for cause and any appeal process from a suspension or termination decision for disciplinary reasons. 2. Under normal circumstances, the County endorses a policy of progressive discipline in which it attempts to provide employees with notice of deficiencies and an opportunity to improve. Progressive discipline is a series of steps which provide a systematic approach to address, and correct performance or behavior that fails to meet standards established by the County. IThe County retains the right, however, to administer discipline in any manner it sees fit, within �egal limits. 3. The normal application of progressive discipline should be: a. Verbal Counseling: When a supervisor determines that an employee's behavior or performance fails to meet standards established by the County, the supervisor should discuss such concerns with the employee and recommend a course of action for improvement. The discussion should include the following interactive process: FP 50265900.1 1) Clearly outline the behavioral problem or performance deficiency. 2) Allow the employee to respond to the concerns. 3) After considering the employee's response, explain expected conduct or performance changes. 4) Establish a reasonable time frame in which improvement can be noted. In some cases, it is reasonable to expect quick improvement; other times, months may be more appropriate. 220 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -807.1 MANUAL SUBJECT PAGE DISCIPLINARY PROCESS 1 of 4 It is the policy of the County that all employees are expected to comply with the County's standards of behavior and performance and that any noncompliance with these standards must be remedied. See also the units BEHAVIOR OF EMPLOYEES, AM -801.1; OFFENSES/DISCIPLINARY PATTERN, AM -807.2; and VEHICLE GUIDELINES, AM -1000.7. (:(1MMFNT- 1. "Due Process": This policy recognizes that public employees' expectation of continued employment is a property right. As such, the employee, excluding those designated as an at -will or contract employee, is entitled to the Odue P -process elements of the Fo urteeRth AmeR dmon+ to . The employef County provides due process in any suspension or termination action for cause and any appeal process from a suspension or termination decision for disciplinary reasons. 2. Under normal circumstances, the County endorses a policy of progressive discipline in which it attempts to provide employees with notice of deficiencies and an opportunity to improve. Progressive discipline is a series of steps which provide a systematic approach to address, and correct performance or behavior that fails to meet standards established by the County. IThe County retains the right, however, to administer discipline in any manner it sees fit, within �egal limits. 3. The normal application of progressive discipline should be: a. Verbal Counseling: When a supervisor determines that an employee's behavior or performance fails to meet standards established by the County, the supervisor should discuss such concerns with the employee and recommend a course of action for improvement. The discussion should include the following interactive process: FP 50265900.1 1) Clearly outline the behavioral problem or performance deficiency. 2) Allow the employee to respond to the concerns. 3) After considering the employee's response, explain expected conduct or performance changes. 4) Establish a reasonable time frame in which improvement can be noted. In some cases, it is reasonable to expect quick improvement; other times, months may be more appropriate. 220 5) Tell the employee what the consequences will be if the behavioir or performance does not improve. 6) Ask the employee for a commitment to improve behavior or performance' and follow up with the employee, providing feedback where appropriate. 7) Document the corrective action taken and empleyee filo and maintained as a supervisor's note. If the verbal warning is intended to be a part of the personnel record, the verbal counseling should be signed by the employee and supervisor and submitted to the Human Resources department for placement in the personnel file. b. Written Warning: Absent improvement in performance, or upon recurrence of a minor violation, the supervisor should discuss the situation with the department director head and Human Resources to reconfirm policy applicability and consistency with administration of discipline in similar situations. The supervisor will then hold another meeting with the employee and take the following action: 1) Issue a written warning to the employee. This warning shall be prepared on a standard format, discussed with the employee to provide an opportunity to rebut any error in the reprimand, and then signed by the employee, supervisor, and department director head. ;and- H-iman Riesp- ,rGeS Managef. The employee's signature acknowledges receipt of the warning but not necessarily agreement with it. 2) The written warning will be placed in the employee's official personnel file, which is maintained in the Human Resources Department. C. Formal Warning:; which may include Suspension Without Pay, Probation, or Demotion: Absent improvement in performance following a written warning or upon the occurrence or recurrence of a serious violation, the supervisor should discuss the situation with the department director head and Human Resources to feconfirm policy applicability and consistency with administration of discipline in similar situations in other departments. If it is determined that suspension without pay, probation, or demotion may be appropriate, the department director head will conduct a pre- determination hearing during the employee's normal work hours. Through this pre -determination hearing, the department director head must be satisfied that: FP 50265900.1 221 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -807.1 SUBJECT PAGE MANUAL DISCIPLINARY PROCESS 2 of 4 5) Tell the employee what the consequences will be if the behavioir or performance does not improve. 6) Ask the employee for a commitment to improve behavior or performance' and follow up with the employee, providing feedback where appropriate. 7) Document the corrective action taken and empleyee filo and maintained as a supervisor's note. If the verbal warning is intended to be a part of the personnel record, the verbal counseling should be signed by the employee and supervisor and submitted to the Human Resources department for placement in the personnel file. b. Written Warning: Absent improvement in performance, or upon recurrence of a minor violation, the supervisor should discuss the situation with the department director head and Human Resources to reconfirm policy applicability and consistency with administration of discipline in similar situations. The supervisor will then hold another meeting with the employee and take the following action: 1) Issue a written warning to the employee. This warning shall be prepared on a standard format, discussed with the employee to provide an opportunity to rebut any error in the reprimand, and then signed by the employee, supervisor, and department director head. ;and- H-iman Riesp- ,rGeS Managef. The employee's signature acknowledges receipt of the warning but not necessarily agreement with it. 2) The written warning will be placed in the employee's official personnel file, which is maintained in the Human Resources Department. C. Formal Warning:; which may include Suspension Without Pay, Probation, or Demotion: Absent improvement in performance following a written warning or upon the occurrence or recurrence of a serious violation, the supervisor should discuss the situation with the department director head and Human Resources to feconfirm policy applicability and consistency with administration of discipline in similar situations in other departments. If it is determined that suspension without pay, probation, or demotion may be appropriate, the department director head will conduct a pre- determination hearing during the employee's normal work hours. Through this pre -determination hearing, the department director head must be satisfied that: FP 50265900.1 221 1) The employee has been given written or oral notice of the grounds for his suspension, probation, or demotion. 2) The employee has been advised of the names of witnesses against him; the nature of the testimony or evidence against him; and have an opportunity to cross examine witnesses. The employee will be permitted to call witnesses in his behalf. 3) The employee is given an opportunity, before the department head, to explain away the perceived misconduct. This step provides an initial check against error in the disciplinary action. The department director head will convey his/her decision in writing to the employee. If necessary, the decision will be sent to the employees' latest address on file, by Certified Mail, within 24 hours of the decision. A copy of the decision will be placed in the employee's official personnel file, which is maintained in the Human Resources Department. d. Termination: Absent improvement in performance following suspension without pay, probation, or demotion, or upon the occurrence or recurrence of a serious violation, the supervisor should discuss the situation with the department head and Human Resources to feconfirm policy applicability and consistency with administration of discipline in similar situations. If it is determined that termination may be appropriate, the department director head will conduct a pre -determination hearing during the employee's normal work hours and will follow the same procedure that is used for suspension without pay, probation, or demotion. 1) The termination effective date shall be the date of the termination decision and will not be affected by the probability or actual knowledge of an appeal of the decision. 4. The progressive disciplinary procedures described in this unit may be applied to an employee who is experiencing a series of unrelated problems involving job performance and/or behavior. This can only be accomplished, however, by applying the cumulative disciplinary action provisions detailed in the unit OFFENSES/DISCIPLINARY PATTERN, AM -807.2. 5. In cases involving serious misconduct, the supervisor may skip steps in the progressive discipline process and, if appropriate, recommend termination of the employee upon a first FP 50265900.1 222 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -807.1 MANUAL SUBJECT PAGE DISCIPLINARY PROCESS 3 of 4 1) The employee has been given written or oral notice of the grounds for his suspension, probation, or demotion. 2) The employee has been advised of the names of witnesses against him; the nature of the testimony or evidence against him; and have an opportunity to cross examine witnesses. The employee will be permitted to call witnesses in his behalf. 3) The employee is given an opportunity, before the department head, to explain away the perceived misconduct. This step provides an initial check against error in the disciplinary action. The department director head will convey his/her decision in writing to the employee. If necessary, the decision will be sent to the employees' latest address on file, by Certified Mail, within 24 hours of the decision. A copy of the decision will be placed in the employee's official personnel file, which is maintained in the Human Resources Department. d. Termination: Absent improvement in performance following suspension without pay, probation, or demotion, or upon the occurrence or recurrence of a serious violation, the supervisor should discuss the situation with the department head and Human Resources to feconfirm policy applicability and consistency with administration of discipline in similar situations. If it is determined that termination may be appropriate, the department director head will conduct a pre -determination hearing during the employee's normal work hours and will follow the same procedure that is used for suspension without pay, probation, or demotion. 1) The termination effective date shall be the date of the termination decision and will not be affected by the probability or actual knowledge of an appeal of the decision. 4. The progressive disciplinary procedures described in this unit may be applied to an employee who is experiencing a series of unrelated problems involving job performance and/or behavior. This can only be accomplished, however, by applying the cumulative disciplinary action provisions detailed in the unit OFFENSES/DISCIPLINARY PATTERN, AM -807.2. 5. In cases involving serious misconduct, the supervisor may skip steps in the progressive discipline process and, if appropriate, recommend termination of the employee upon a first FP 50265900.1 222 occurrence. See the unit OFFENSES/DISCIPLINARY ACTION, AM -807.2, "GROUP THREE OFFENSES". 6. Appeals Process: Excluding separation under at -will employment, any non -bargaining unit employee who has been disciplined has access to the following appeals process. Bargaining unit employees should follow the appeals process outlined in their respective collective bargaining agreement. a. The employee must submit the appeal in written form to the Human Resources Department within five working days after notification of the suspension, demotion, probation, or termination. The appeal must refer to the provision or provisions of law or County policy, practice, procedure, rule, or regulation alleged to have been violated, and shall set forth the relevant facts pertaining to the alleged violation, and the remedy or correction sought. b. The County Administrator or his designee shall conduct a hearing within fourteen working days unless this period is extended by mutual agreement in writing. The employee is entitled to Due Process (see Comment 1.) and the hearing will be structured to insure attention to the following elements: 1) That the employee be advised in writing of the cause or causes for his suspension, demotion, probation, or termination in sufficient detail to fairly enable him to show any error that may exist. 2) That the employee be advised in writing of the names and the nature of the testimony of witnesses against him. 3) That within a reasonable time after such advice, he is accorded a meaningful opportunity to be heard in his own defense. 4) That the employee be given an opportunity to confront and cross examine his accusers in the presence of the decision maker. C. In the event that the supervisor of the employee is the County Administrator or the County Attorney, that County officer, as appropriate, or his designee, shall conduct the pre -determination hearing as well as the appeal hearing. d. The decision of the County Administrator or County Attorney, as appropriate, shall be final and binding on the parties, without further right of appeal. FP 50265900.1 223 SECTION NUMBER EFFECTIVE DATE ADMINISTRATIVE HUMAN POLICY RESOURCES AM -807.1 SUBJECT PAGE MANUAL DISCIPLINARY PROCESS 4 of 4 occurrence. See the unit OFFENSES/DISCIPLINARY ACTION, AM -807.2, "GROUP THREE OFFENSES". 6. Appeals Process: Excluding separation under at -will employment, any non -bargaining unit employee who has been disciplined has access to the following appeals process. Bargaining unit employees should follow the appeals process outlined in their respective collective bargaining agreement. a. The employee must submit the appeal in written form to the Human Resources Department within five working days after notification of the suspension, demotion, probation, or termination. The appeal must refer to the provision or provisions of law or County policy, practice, procedure, rule, or regulation alleged to have been violated, and shall set forth the relevant facts pertaining to the alleged violation, and the remedy or correction sought. b. The County Administrator or his designee shall conduct a hearing within fourteen working days unless this period is extended by mutual agreement in writing. The employee is entitled to Due Process (see Comment 1.) and the hearing will be structured to insure attention to the following elements: 1) That the employee be advised in writing of the cause or causes for his suspension, demotion, probation, or termination in sufficient detail to fairly enable him to show any error that may exist. 2) That the employee be advised in writing of the names and the nature of the testimony of witnesses against him. 3) That within a reasonable time after such advice, he is accorded a meaningful opportunity to be heard in his own defense. 4) That the employee be given an opportunity to confront and cross examine his accusers in the presence of the decision maker. C. In the event that the supervisor of the employee is the County Administrator or the County Attorney, that County officer, as appropriate, or his designee, shall conduct the pre -determination hearing as well as the appeal hearing. d. The decision of the County Administrator or County Attorney, as appropriate, shall be final and binding on the parties, without further right of appeal. FP 50265900.1 223 6/18/2024 Item 11.A. Proposed Policy AM -202.4 At -Will Employees It is the policy of the County that employees who hold executive, manpgL'Yftt or critical positions support the Board of County Commissioners are designated at -will employees. As such, all Deputy/Assistant County Administrators, department directors, assistant directors, division heads, managers, or positions with managerial responsibilities directing employee(s) or management a program as well as Commissioner Assistants are employed at -will. This policy will extend to those who transfer, promote, demote, or are reclassified into a position designated at -will. Accordingly, for those employees who are designated at -will, either the employee or the County may terminate the employment relationship at will, with or without cause or notice, at any time, for any reason or no reason. Employees who resign do not need to meet notice requirements. Refer to AM -212-1 TERMINATION OF EMPLOYMENT. Process - Revised. Policy.... Initiating Manager/Director must obtain Human Resources Director and County Administrator's approval beforehand. If approved, employee will receive a Notice of Separation and will be placed on Administrative Leave for a period of three (3) working days. The employee may request a meeting with the County Administrator prior to the date of separation. If employee requests a meeting, the employee will remain on Administrative Leave until a meeting is scheduled, within five (5) working days and a decision is made by the County Administrator. The decision of the County Administrator is final and binding. Policy Review and Employee Notification • Roughly 90 employees in current identified positions are affected • Based on feedback and expressed concerns, the policy was revised to clarify process • Distributed policy (and revised) to all employees for review. • Two (2) Microsoft Team Meetings Held with affected employees, total of 62 (unduplicated) employees attended meetings • County's Labor Attorney reviewed initial and revised policy —found it legally sufficient and not in violation of any federal and state employment law 6/18/2024 Item 11.A. 6/18/2024 Item 11.A. Other Proposed Policies JJ • AM -212.1 Termination (Amendment) i Revised to include separation under terms of at -will employment C: • AM -801.1 Behavior of Employees (Amendment) i Clarifies "the public we serve;' amends and or deletes provisions of conduct for which ? . an employee is subject to disciplinary action j { • AM 804.1 Customer Service (Amendment) Amends policy to clarify County is "customer service oriented" I r ■ AM -807.1 Disciplinary Process (Amendment) Revised to be consistent with new At -Will Employees policy t i { 3 Why? .. Consistent with other agencies and local governments within the State of Florida, at -will employment Is a common practice and policy. Consistent with County's adopted Strategic Planning Goals — Governance i Delivering high quality local government services and managing resources in a financially responsible { and sustainable manner, embracing accountability, transparency, innovation, performance, customer service, and community engagement —the hallmarks of good governance. 1.... Toward that end: Defines employee and employer's relationship Promotes the public's interest...we serve the public Promotes responsiveness and accountability Ensures critical positions are staffed with individuals who are aligned with the County's mission and value and are working in support of the direction of the Board County Commissioners and County Administration. Provides the County the ability to provide up to 20 weeks of severance pay. i. Z3 3 6/18/2024 Item 11.A. Common Myths about At -Will. Erhto .merit { No protection for employees— The proposed policy in no way negates or supersedes any federal or state employment laws protecting employees. It is illegal to fire, refuse to hire, or harass an employee or job applicant on the basis of race, color, national origin, disability, age, gender, religion, marital status, medical condition, or sexual orientation. It is illegal fire an employee who takes time off under the Family and Medical Leave Act (FMLA), files a workers' compensation claim, or takes leave to serve jury duty. �. It is illegal to fire an employee as retaliation for: I Whistleblowing, i.e., reporting an employer's fraud, waste, abuse, corruption, wrongdoing, illegal or unethical activity, or endangering I people's health. j 1. Common Myths, Continded - 1_ It is illegal to fire an employee as retaliation for: Reporting unsafe work conditions. Objecting to or refusing to participate in activities that violate a law or regulation. Testifying or providing information to a government agent who is investigating or holding a hearing about an alleged illegal activity by the employer. Disclosing or threatening to disclose information about activities or policies that violate law. Asserting their legal rights.f Z73-4 6/18/2024 Item 11.A. MEMORANDUM To: John Titkanich, County Administrator, Indian River County From: Benton Wood, Esq., County Labor & Employment Counsel Date: June 15, 2024 Subject: County At -Will Employment Policy AM -202.4 This memorandum is in response to your email request to me on June 14, 2024 to provide fiurther review of the above -referenced proposed revised County At -Will employment policy (AM - 202.4). To summarize my qualifications and history with Indian River County, I am a partner with the national labor employment law firm Fisher Phillips and a 30+ year member of the Florida Bar who has been continually designated by the Florida Supreme Court as a Florida Board Certified Labor and Employment Law expert since 2001 (inaugural class). My current and past law firms have represented the County consistently in labor and employment matters dating back to approximately 1997 (Muller Mintz 1997-2003; Akerman Senterfitt 2004-2007; Fisher Phillips 2007 -present). As you can likely imagine, throughout my career I have been routinely tasked with providing legal advice to our public sector clients throughout Florida on similar at -will employment policies. My personal involvement on this issue commenced earlier this year when County Human Resources Director Suzanne Boyll contacted me seeking legal guidance regarding possible revisions to several existing County policies. On March 28, 2024, Ms. Boyll forwarded me via email her work product on proposed revisions to several existing County policies including AM - 202.4. She and I spoke at length on at least two occasions before I approved her original revision of AM -202.4 via email on April 9, 2024 transmitted at 9:27 a.m. Since providing my opinion regarding the legality of revising the above -referenced policy, neither the County Attorney nor anyone else from the County has contacted me to discuss and/or question my advice on this issue. Instead, as I understand from your email request to me, after I rendered my prior legal advice, Ms. Boyll's proposed revision of AM -202.4 was distributed to those affected who had multiple opportunities to be heard. Moreover, after you listened to the various comments from all the affected employees, you approved yet another revision to AM -202.4 which was even more employee -friendly than the version that I had previously approved. In sum, the County provided notice of the proposed changes and meaningful opportunity to be heard to all affected employees which has culminated in a fair vetting of the current version of AM -202.4 being submitted to the Board of County Commissioners for approval on Tuesday, June 18, 2024. FP 50988370.1 DEPARTMENTAL MATTERS INDIAN RIVER COUNTY MEMORANDUM To: The Honorable Board of County Commissioners Through: John A. Titkanich Jr., County Administrator From: Suzanne Boyll, Human Resources Director Date: June 10, 2024 Subject: Group Insurance Recommendations for Plan Year 2024/2025 Indian River County offers a comprehensive group insurance program for our employees and eligible dependents consisting of: Medical (TPA) Health -f .nas'a r nro Dk+fl.r.v. Kf-- .+;o+erl ro+e -- tAK � 1.is vtvm no rale increase in many of the same benefits; however, they offer different dental, vision and voluntary worksite benefits through different carriers. The group benefit plan is an essential part of the employee benefit package and important to recruitment an4 retention efforts. The County has engaged the services of a professional benefits consultant, LocktoA Companies, to review plan experience and provide recommendations to maintain a benefits package that is: ✓ Affordable ✓ Competitive ✓ Sustainable In order to continue to attract and retain employees, below are the recommendations for the plan yea beginning October 1, 2024 through September 30, 2025. With the exception of a minor rate increase in th Health Advocacy benefit of $.12 per employee per month, all benefits are renewing without any rate increase We have obtained a rate hold on our ASO agreement with BCBS representing a savings of $1.40 per employe; per month. Additionally, we have improved pricing under our Pharmacy Benefit with Express Scripts through RXBenefits. Overall, we have reduced our expenses related to our group insurance program. Medical & Pharmacy Plan Performance The County publishes the health fund performance each quarter with the distribution of the County Connection newsletter. Most recent plan performance indicates that claims experience for the medical and pharmac benefit is within budgeted premiums. No additional funding is required for the FY2024/25 plan year. Fiscal Year End Fund Balance History September 30, 2019 September 30, 2020 September 30, 2021* September 30, 2022*" September 30, 2023 $12,197,911 $12,807,209 $15,003,116 $19,873,421 $22^40911 ,, 911 Fund Balance Change Through 2nd Quarter FY 23/24 September 30, 2023 March 31, 2024 Inc./Dec. % Inc./Dec. $22,814,781 $25,209,984 $2,395,203 10.50% We continue to offer two plans — Premier Gold and Premier Silver plan. The monthly premiums are: Single Silver $715.00 $700.00 $15.00 Family Silveri $1,312.50 $1,105.00 $207 a Medical Administrative Services (ASO) The administrative services for the medical plan transitioned to BCBS National Alliance effective October 1, 2023. Although BCBS's agreement includes a rate increase in the ASO fee to S48.14 Der emolovee Der month (PEPM). BCBS has agreed to a rate Dass for the upcoming Dlan vear. The rate will remain S46.74 Der emolovee per month (PEPM) at a projected savings of $28,255 per year. Pharmacy The current Pharmacy Benefits Administrator is RXBenefits and the Pharmacy Benefit Manager (PBM) is Express Scripts. Lockton has marketed the pharmacy benefit and completed an analysis for the upcoming plan year and the results are noted below: 225 Traditional Pricing: The client pays the PBM a small amount more than they paid the retail pharmacy and pay little to no administration fee. Actual pricing is typically equal to the minimum guarantees. Pass Through Pricing: The client pays the PBM the same amount that the PBM pays the retail pharmacy plus an administration fee. Actual pricing is often more favorable than the minimum guarantees. All savings numbers should be used only to compare the cost of the bidders relative to one another. They should never be used for projecting future Rx spend. Although there are other options that may result in better pricing and savings if we moved to another PB41 there is disruption that would result for our covered members as noted below: Remaining with Express Scripts would also provide a savings of approximately $63,370 without any additional disruption. Therefore, staff is recommending that we remain with Express Scripts as our Pharmacy Benefit Manager (PBM) through RXBenefits and execution of the updated 2024 Pricing Addendum to the agreement. Dental Insurance Effective October 1, 2023, the County became self-funded for our dental insurance. Two dental plans are offered — the Low Plan and the High Plan. Low Plan Dental insurance is provided by the County to all benefit eligible employees at no cost. Employees may elect to enroll family members and may also elect to buy -up to the High Plan for increased coverage. 226 Employee $31.56 $22.44 $9.12 $4.56 $22.44 $22.44 $0.00 $0.00 EE Monthly Employee + Spouse $65.28 $22.44 $42.84 $21.42 $46.32 $22.44 $23.88 $11.94 $0.00 Employee + Child $78.92 $22.44 $56.48 $28.24 $54.72 $2244. $32.28 $16.14 $4.72 Employee +Family , $112.52 $22.44 $90.08 $45.04 $78.48 $22.44 $56.04. $28.02 $5.26 Employee + Family Six-month performance indicates that the dental fund is performing at a 71% loss ratio. $5.24 Premiums received $372,639.49 Claims paid $241,477.62 ASO fee $3.75 PEPM $ 23,073.75 Balance $108,088.12 . No action is required. 1 Vision Insurance The vision insurance is offered through Eyemed and we have a rate hold through 2025. The County provid�s single coverage vision insurance to all benefit eligible employees at no cost. Employees may elect to enr II family members in the vision insurance. BOCC Monthly Premium ER Monthly EE Monthly Employee $5.24 $5.24 $0.00 Employee + Spouse $9.96 $5.24 $4.72 Employee + Child $10.50 $5.24 $5.26 Employee + Family $15.42 $5.24 $10.18 We have rate hold through 9/30/2025. Health Advocacy This health advocacy benefit is offered through our Employee Assistance Program vendor, Health Advocate, Ot a rate of $1.25 per employee per month (PEPM). The renewal rate effective October 1, 2024 is an additionial $0.12 (10%) for a monthly premium of $1.37 PEPM with a three year agreement through September 30, 202/. The program is well utilized by staff. Staff is recommending we continue with the Health Advocacy benefit at the rate of $1.37 per member per month, a total increased annual cost of $2,412 per year. Employee Assistance Program Employee Assistance is provided to all County employees through Health Advocate. The current monthly premium is $1.73 per employee per month. The program is well utilized by employees and there are no changes recommended at this time. There is no rate increase. 227 act Flexible Spending Accounts/COBRA P&A Group provides flexible spending account administration at a cost of $3 per employee per month. COBRA services are provided at a cost of $0.50 per enrolled per month. We are in a multi-year agreement through September 30, 2026. Diabetes Management Program The diabetes management program is administered by Kannact. We have a rate hold through September 30, 2025. Elective/Planned Surgery with Surgery Plus This elective/planned surgery benefit was approved by the BOCC in May 2021 with a July 1, 2021 implementation date. Net savings to date have been $1.3M. Under our agreement with SurgeryPlus, we have a rate hold through September 30, 2025. 228 Employer Direct Healthcare Lifetime SurgeryPlus Performance Results Prepared for: Indian River County 5/13/2024 Carrier Spend $337,765 $1,219,432 $442,335 $237,043 $2,236,576 Procedure Savings $204,228 $719,728 $241,613 $121,957 $1,287,525 (+) Avoided Procedure Savings - - - - - (+) Avoided Complication Savings 31,424 113,452 41,153 22,054 208,083 Total Savings (A) $235,653 $833,179 _ _ $282,766 $144,010 $1,495,608 Total Coordinated Services Spend $102,112 $305,093 $170,750 $71,231 $649,186 (x) % of Spend Fee - - - - - Total Variable Fees 'j" 8 30 26 15 79 (+) Total PEPM Fees 24,936 59,613 66,222 23,441 174,212 Total Fees (B) $24,936 $PA13 $66,222 ��- $23,441 $174,212 Net Savings (A - B) 1 P"$1,321,396 ROI (A + B) - ...._� 9.45x 13 98x 4.27x 6.14x 8.58x Reduction in O (3.37.) (5.97.) (2.017.) (2.976) (4.67.) Memo: PEPM Savings $23.60 $41.95 $14.30 .. $20.69 $26.44 - Memo: Number of Procedures 8 24 22 13 67 Number of Good Outcomes 8 30 26 15 79 Memo: Average Employees 1,664 1,655 1,648 1,740 1,341 % of Spend Impacted 23.9% 43.3% 15.8% 24.0% 34.6% Months Active 6 12 12 4 34 Note: Metrics as of April, 30, 2024. (1) Includes estimated SurgeryPlus procedure costs for procedures pending claims. (2) Does not reflect actual invoiced variable fees due the costs noted above. Basic Life & AD&D/Voluntary Life/ Short Term Disability (STD)/Long Term Disability (LTD)/Critical Illness & Accident Mutual of Omaha (MOO) is our provider for life insurance, short term disability (STD), longterm disability (LTD). Life Insurance - Currently, the BOCC provides basic life insurance benefits of 1x annual salary up to a maximum of $200,000 and we offer supplemental life insurance for the employee, spouse and child(ren). Retiree insurance is also provided through MOO. We have a rate pass through September 30, 2026. Voluntary Short -Term Disability - This is a voluntary employee paid benefit. We have a rate pass through September 30, 2026. Long -Term Disability - Currently the County pays 100% of the LTD premiums for a two-year disability benefit with a 90 -day elimination period for all benefit eligible employees and offers employees the option to elect buyup coverage to continue disability benefits through normal social security retirement age. We have a rate pass through September 30, 2026. Critical Illness and Accident Insurance The Critical Illness and Accident Insurance policies are also offered through Mutual of Omaha (MOO). These policies are voluntary and paid for by the employee. We have a rate pass through September 30, 2026. Supporting Employee Wellness The County continues to support the health and wellness of employees by providing comprehensive group insurance as well as an onsite Employee Health Center in partnership with Everside Health. 229 FUNDING Sufficient funds are budgeted in the Employee Health Insurance Fund for Fiscal Year 2024/2025 for the group insurance program. RECOMMENDATION Staff recommends and respectfully requests the Board of County Commissioners approve staff's recommendation for the plan year beginning October 1, 2024 through September 30, 2025 to include continuing existing benefits without increase in premiums; to include continuation of our pharmacy benefit with Express Scripts through RXBenefits with improved pricing; continuation of our Health Advocacy benefit through Health Advocate at a rate of $1.37 per employe per month (PEPM) an increase of $0.12 or 10%, $2,412 annually; to authorize staff to take the necessary actions in support of implementing the approve actions and authorizing the Board Chair to execute necessary documents related to the approved benefits after review and approval by the County Attorney for legal sufficiency. 230 06/18/2024 Item 12.C.1. 0 u r Group Benefit Offerings ■ Medical & Pharmacy ■ Health Advocacy ■ Dental ■ Employee Assistance ■ Vision ■ Elective Surgery ■ Life / Disability (SurgeryPlus) ■ Critical Illness & Accident ' Diabetes Management ■ Flexible Spending 0 IRC Everside Health Center Accounts S Gold Plan Single 86% $700 monthly (employee pays 14%- $110 monthly) Gold Plan Family 73% $1;105 monthly( e ployee pays 27%- $400 monthly) Employee Assistance 100% $1.73 monthly I Health Advocacy 100% $1.25 monthly- increasingto.$1.97 monthly IF Basic Life Insurance 100% ...$15 per month (based on $60,000 salary) Ix annual salary $.25 per $1,000 coverage Ifmltof $200,000 i Dental Low Plan Employee Coverage Vision Employee Coverage Long Term Disability Insurance (based on $60K annual salary) Total Monthly Investment $22.44 per month per employee $ 5.24 per month per employee 13.00 per month per employee 06/18/2024 Item 12.C.1. Plan financial performance through March 2024 reflects a 12 month loss ratio of 78.7% for both the Silver and Gold plans. The health fund balance as of March 31, 2024 is $25,209,984. Projected funding requirements for the upcoming FY2.4/25 is 524.068.000. Annual premiums bring in approximately . Medical ASPJ Fee greed to Rate Hold Our agreement with Florida Blue forIASO services through National Alliance includes a rate increase from $46.74 per employe per month (PEPM) to $48.14 effective October 1, 2024; however, Florida Blue has agreed to hold the current rate for 4nother year. This is a projected savings of $28,255 per year. 06/18/2024 Item 12.C.1 Indian River Count j 7/1/2021 through 4/30/2024 Months Active: 34 Total Managed Carrier Spend: $2,236,576* Procedural spend/claims through SurgeryPlus: $649,186 Procedure total: 67 Total SurgeryPlus PEPM fees: $174,212 Procedure Savings: $1,287,525 Total avoided complications savings: a:: $208,083 Total Procedural Savings: $1,495,608 *Average reimbursement for procedures based on SurgeryPlus historical carrier claims database for procedures. Lockton has reviewed: the data and is in agreement that the program is providing a good cost savings to our medical plan. 06/18/2024 Item 12.C.1. Additional Rate Holds ✓Vision Insurance ✓Basic Life ✓Retiree Life ✓Supplemental Life ✓Long Term Disability ✓Short Term Disability ✓Critical Illness ✓Accident ✓Flexible Spending Account ✓Employee Assistance Program ✓Diabetes Management (Kannact) Health Advocacy— $0.12 Increase Per Employee Per Month Health Advocate provides both EAP and Health Advocacy Benefits. They have provided a three-year renewal rate increasing the per employee per month rate from $1.25 to $1.37 effective October 1, 2024. Z30 5 06/18/2024 Item 12.C.1. Departmental Item /2 T I I Indian River County, Florida Department of Utility Services Board Memorandum Date: May 28, 2024 To: Indian River County Board of Count iy Commissioners Through: John A. Titkanich, Jr., County Administrator From: Sean C Lieske, Director, Department of Utility Services Subject: Sea Oaks Property Background/Analysis: The Indian River County Department of Utility Services (IRCDUS) owns a former wastewater treatment facility (WWTF) located adjacent to the Sea Oaks development, on the east side of A1A, south of County Road 510. (See attachment) The Sea Oaks WWTF has not been in operation since it was shut down nearly 23 years ago in July of 2001; however, IRCDUS continued to maintain a discharge permit, issued by the Florida Department of Environmental Protection (FDEP), up until recently when IRCDUS requested FDEP to permanently deactivate the permit. On April 15, 2024, IRCDUS received an email from FDEP stating our request had been completed and that the facility had been inactivated. While at one pointthe County had plans to use the site to locate a reclaimed water storage and pump facility, current development restrictions have limited our ability to do so. In addition, current and potential future reclaimed water demands/customers on the barrier island do not warrant the construction of such facilities. Since the IRCDUS no longer identifies a need for the property as either a WWTF or for a reclaimed water storage and pump facility, the IRCDUS would request the Commission allow the property to be put up for sale. There are a couple of things the County would need to consider should we elect to sell the property. First and foremost, the County has had a license agreement with the Sea Oaks Property Owners Association, Inc. (SOPOA) since 1999 to use undeveloped portions of the site for maintenance and administrative purposes. The original agreement was entered into in 1999, with a 5 -year extension issued in 2010 and a 10 -year extension issued in 2015. The current extension is set to expire in January of 2025. In addition, the County has a contract with several cellular service carriers to maintain a cell tower on the property where they can place cellular antennae to enable them to provide service along the barrier island. Considering the long- term nature of the contracts with the cellular companies, any sales contract would need to carve out an easement or some other legal means to ensure the cellular tower can remain on-site and would be accessible for repair and maintenance. Finally, should the property be approved for sale, the County may need to complete a Phase II Environmental Assessment to determine if any environmental concerns exist on the site. 231 Departmental Item Funding: This is for information purposes only. There is no funding associated with this agenda item. Recommendation: Staff requests the Board of County Commissioners declare the property as surplus and authorize its advertisement for sale. Attachment: Sea Oaks — Site Location 232 01"IMEMOMWIF— NA, Affsq�im 1-1 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: May 28, 2024 To: The Solid Waste Disposal District Board of Commissioners I 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: Amended 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 the 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. On May 21, 2024, the SWDD Board approved Tiger Gas Transaction Confirmation #3 with a fixed based cost of $0.439 per therm for the period starting June 1, 2024, through August 31, 2024 However, as mentioned in the staff agenda item, this fixed -based cost would be adjusted to reflect the actual spot price on the day Transaction Confirmation #4 is approved. On May 23, 2024, we received correspondence from Rachel Strealy, Tiger Gas, indicating that the 3 -month price had risen to $0.612 per therm or a 39% increase; however, if we wanted to extend the term to six or seven months, then they could offer a fixed price of $0.5245 per therm which is about a 19% increase. The decision had to be made by May 31, 2024. To avoid further uncertainty with the natural gas pricing and based on past SWDD Board support, staff proceeded to lock in the seven-month rate of $0.,5245 per therm for the period starting June 1, 2024, through December 31, 2024, prior to the May 31, 2024, deadline. The purpose of this agenda item is to get SWDD Board ratification of staff decision to lock in the seven- month rate or to approve a seven-month renewal at the actual spot price on the day approved by the SWDD Board. d1ddce40-3e91-44d9-878e-62e4ea9902b6 Page telt2 SWDD Item Analysis: The contract calls for SWDD to pay Tiger Gas for 90,000 British thermal units (MMBtu) per month throughout the contract period. At the new fixed -based cost of $0.5245 per therm, staff estimate a maximum monthly cost of $47,205, or $330,435 for the seven-month term. This can be reduced if the evaporator uses less than 90,000 MMBtu during a given month. If the evaporator uses less than the contracted amount, SWDD is credited back a portion of what Tiger Gas is able to sell back on the open market. Please note, if the SWDD Board selects Option #2 below, this fixed -based cost will be adjusted to reflect the actual spot price on the day the Amended Transaction Confirmation #4 is approved. Therefore, the contract date and the spot price will be updated accordingly and what is attached is a sample. Funding: Funding of $330,435 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 $330,435 Recommendation: Staff is requesting the Solid Waste Disposal District Board to consider either Option 1 or Option 2: Option #1: Ratify Staff decision to lock in the seven-month rate of $0.5245 per therm for the period starting June 1, 2024, through December 31, 2024, prior to the May 31, 2024, deadline; or Option #2: Approve a seven-month renewal at the actual spot price on the day approved by the SWDD Board. Staff recommends Option #1 and requests the SWDD Board to approve the Amended Transaction Confirmation #4 with Tiger, Inc. for the Sale and Purchase of Natural Gas, and authorize the Chairman to sign the necessary documents to effectuate the approval. Attachment (s): Amended Transaction Confirmation #4 with Tiger, Inc. d1ddce40-3e91-44d9-878e-62e4ea9902b6 Page 11 TRANSACTION CONFIRMATION FOR IMMEDIATE DELIVERY EXHIBIT A Date: 5/11/2024 Amended Transaction Confirmation #: 4 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: $0.5245 per therm Plus pass through *Subject to Refresh Delivery Period: Begin: 6/1/2024 End: 12/31/2024 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 Dis osaI District 1 1325 74th Ave SW I Vero Beach I FL 32968 158-3• INDIAN RIVER COUN'T'Y OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 5, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Budget Director FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Appeal of Denial of Protests Relating to RFP 2024020 BACKGROUND: On behalf of the Solid Waste Disposal District, Request for Proposals (RFP) 2024020 for Solid Waste and Recyclables Collection Services was issued on November 17, 2023, with proposals due February 21, 2024. An initial ranking meeting was held on March 8, 2024, requests for clarification were submitted to all five proposals, and a subsequent committee meeting was held on April 1, 2024, to establish a final ranking of proposals, after receipt of responses to the clarifications. The committee's final ranking of firms was presented to the SWDD Board at a special call meeting on April 24, 2024. During that meeting, the Board approved the final ranking of firms by service option established by the committee, and directed staff to negotiate, by way of best and final offers (BAFOs), with the two top ranked proposers for service options 3 and 4, FCC Environmental (FCC), and Waste Management, Inc. of Florida (Waste Management), and the subsequently ranked firms, should the received BAFOs not meet staff's satisfaction. The results of the BAFOs, and the SWDD's final recommendation relating to the proposals and service options were presented to the SWDD Board on May 21, 2024. At that meeting, the Board made award to Waste Management, and directed staff to return an agreement for approval at a later date. DISCUSSION: On May 21, 2024, the Purchasing Manager received a protest from FCC. After review, and consultation with the SWDD Managing Director and County Attorney, the Purchasing Manager denied the protest. FCC's complaints and the Purchasing Manager's responses are summarized below. 1. The integrity of the RFP process was not maintained because the identity of the proposals by firm was revealed at the second selection committee meeting, and the committee changed its ranking of firms after it was disclosed that incumbent Waste Management was ranked third. 238 The Committee was aware of the identities of the firms throughout the entire review and scoring process. Additionally, the protest of events at the second committee meeting was not timely. 2. No clarification relating to modification to resources as related to the received best and final offers ("BAFOs") was requested by the County. No modification of resources was contemplated in the BAFO process, as both firms were instructed, "all previous submissions by the Proposer in response to the RFP remain as is". FCC suggests changes to the level of resources dedicated to the County are certain under WM's BAFO, but the County has never indicated that any such changes would be considered or accepted. 3. The BAFO process, including the release of the pricing received, allows competing firms to "undercut the lowest bid." The submitted proposals were requested on March 22, 2024, and made available to the requester and all five proposers when the exemption period expired later that day. As the documents were no longer exempt from public records under Chapter lig, Florida Statute, there was no legal option for the County to withhold the proposals and pricing. Additionally, the protest of the release of the pricing was not timely. 4. Staff failed to comply with Board of County Commissioners decision by requesting BAFOs, and that the BAFO directly contradicts the Board's direction to "pursue simultaneous negotiations with the top two firms." The motion passed by the Board was "as staff recommended." Staff's recommendation relating to negotiations in the staff report was to "pursue simultaneous negotiations with the top two firms of FCC Environmental Services of Florida, Inc. and Waste Management, Inc. of Florida to obtain their "Best and Final Offer" for that option." Additionally, the protest of the contents of the request for Best and Final Offer was not timely. 5. The recommendation to the Board for its May 21, 2024 special call meeting was misleading. The Purchasing Manager was not able to affirm the recommendation was misleading. In accordance with the protest procedure detailed in the Purchasing Manual, FCC was notified of its right to appeal the denial of the protest to the Board. FCC submitted a notice of intent to appeal, and would like to speak before the Board. On May 22, 2024, Coastal Waste & Recycling (Coastal) submitted a protest, which was initially denied by the Purchasing Manager as not being timely. Coastal subsequently filed a notice of its intent to appeal the denial to the Board. After review of the appeal, the Purchasing Manager determined it should be upheld, and the protest reviewed. The Purchasing Manager, in consultation with the SWDD Managing Director and County 239 Attorney, denied the protest. Coastal's complaints and the Purchasing Manager's responses are summarized below. i. The RFP reserved a second committee meeting for interviews, but the meeting instead was used "to answer written questions." The protest states "such a meeting is not mentioned nor authorized by the terms of the RFP" and therefore was improper. The Method of Selection provided in the RFP directs that the Committee of the whole will develop the ranking of firms, but does not detail the number of meetings that will or can be held. Additionally, schedules provided in the RFP, and addendum 9 with events were identified as "tentative." Finally, the deadline to protest events of the second committee meeting was April 6, 2024, therefore this protest was not timely. 2. The committee improperly broke the tie for second during the second committee meeting, because total points were not utilized. Undue influence was used to persuade a committee member to modify his ranking to break the tie. The RFP and Purchasing Manual do not require scores to break future ties, only modification to rank order of firms. The "influenced" committee member did not state a preference for Coastal, but indicated his initial ranking of Coastal above Waste Management "was because of the price proposals, primarily." He went on to state he thought Waste Management overall and consistently had submitted a better proposal overall than Coastal. As reflected in your protest, these comments were made prior to the discussion you allege to be attempted undue influence. Finally, the protest is not timely. 3. Coastal was "improperly excluded from BAFO Round" because the committee broke the tie for second. The RFP states "the Committee may discuss the rankings and their reasons behind them, and each member may modify their ranking of firms accordingly until the Committee is satisfied with the rankings." Additionally, the protest is not timely. FUNDING• There is no cost to the SWDD associated with hearing the appeals of FCC and Coastal. RECOMMENDATION: Staff recommends the Board separately hear the appeals of FCC and Coastal, and either uphold or deny the protest. Should the Board uphold either protest, Staff requests the Board provide direction on next steps in the award and negotiation process. ATTACHMENTS Response to FCC Environmental Appeal Response to Coastal Waste Appeal 240 BOARD OF CO UN7Y COMMISSIONERS May 24, 2024 Mr. Charles Merkley Charles.merkley@fccenvironmental.com Subject: Response to Protest of RFP 2024020 — Solid Waste and Recyclables Collection Services Dear Mr. Merkley: We are in receipt of FCC's May 20, 2024 protest of the subject request for proposals ("RFP"). After review, your protest is denied. Background Five proposals were submitted in response to the subject RFP, and all were provided to the selection review committee for independent review and scoring of the technical portions of the proposal (points for the price proposals were determined by a formula, based on total proposed annual contract values). Price points for each firm and service option were provided to each committee member, after they indicated their technical reviews and scoring were completed. Your protest asserts the integrity of the RFP process was not maintained because the identity of the proposals by firm was revealed at the second selection committee meeting, and the committee changed its ranking of firms after it was disclosed that incumbent Waste Management ("WM") was ranked third. Your protest also states no clarification relating to modification to resources as related to the received best and final offers ("BAFOs") was requested by the County. Your letter complains the BAFO process allows competing firms to "undercut the lowest bid." Your protest asserts staff failed to comply with Board of County Commissioners decision by requesting BAFOs, and that the BAFO directly contradicts the Board's direction to "pursue simultaneous negotiations with the top two firms." Finally, your protest states the recommendation to the Board is misleading. Your memo requests the County either cancel the current RFP and begin a new proposal process, or issue a new request for BAFO to "allow proper and fair negotiations between County Staff and all relevant firms in compliance with the County's purchasing requirements." Office of Management and Budget • Purchasing Division 1800 27th Street, Vero Beach, Florida $29600(772) 226-1.416 E-mail: purchasing0indianriver.gov 241 Response to FCC Protest Basis for Decision With the exception of the final protest asserting the recommendation to the Board is misleading, the complaints made by FCC are not timely. Each was submitted more than five days after FCC knew, or should have known, of the grounds relating to the protest. The assertion that the committee changed its ranking of firms after it was disclosed that incumbent WM was ranked third is incorrect. An initial ranking meeting was held March 8, 2024, during the limited period during which contents of proposals were exempt from public release under section 119.071(1)(b)2, Florida Statutes. To facilitate anonymity, proposals had been distributed to the committee with any external identification of the proposing firm removed from public view, however the contents of the proposals, containing numerous indications of the proposing firm, were not redacted. Initial rankings were developed referencing proposals as A, B, C, D and E, however, the committee knew the identities of the firms throughout the process. Therefore, there was no change to the ranking by the committee based on the public identification of the firms. Per the referenced statute, sealed proposals are only exempt from public record until 3o days after opening the proposals (or upon notice of an intended decision, if earlier). The received proposals, including pricing, were no longer exempt from public record, effective March 22, 2024. The second ranking meeting, at which some committee members modified their ranking of firms, based upon information received after requests for clarification were made of all proposers, was held on April 1, 2024, when the proposal contents were no longer eligible to be withheld from the public. The protest that the County did not analyze any potential change to the level of resources allocated in the BAFOs is also incorrect. There should be no change to the level of service or resources provided by WM, or FCC, as a result of the BAFO, as the BAFO request stated: "no changes shall be made to the minimum technical and contractual requirements as included in the RFP No. 202402o and in the Sample Agreement, all clarifications or revisions included in the RFP addendums, all previous submissions by the Proposer in response to the RFP remain as is, and the Proposer is not taking any exception at this point in the process." FCC suggests changes to the level of resources dedicated to the County are certain under WM's BAFO, but the County has never indicated that any such changes would be considered or accepted. The protest that the proposals and pricing were released during the RFP process, and allowed FCC's prices to be undercut cannot be sustained. The documents were requested on March 22, 2024, and made available to the requester and all five proposers when the exemption period expired later that day. As the documents were no longer exempt from public records under Chapter 119, Florida Statute, there was no legal option for the County to withhold the proposals and pricing. Under "Failure to Comply with BCC Direction," FCC states staff failed to "pursue simultaneous negotiations with the top two firms" by utilizing the BAFO process. Utilization of the BAFO had been discussed with the Board. BAFO is defined in the NIGP (the Institute of Public Procurement) dictionary as "a process requested from one proposer or short-listed proposers for their best price(s) for a specific solicitation prior to determining a contract 242 Response to FCC Protest award. Sometimes used during the Request for Proposals method of procurement." The motion passed by the Board was "as staff recommended." Staff's recommendation relating to negotiations in the staff report was to "pursue simultaneous negotiations with the top two firms of FCC Environmental Services of Florida, Inc. and Waste Management, Inc. of Florida to obtain their "Best and Final Offer" for that option." The two top ranked proposers were sent opportunity to submit a best and final option on May 3, 2024. The protest relating to content of the staff report prepared for award cannot be upheld, as I am not technically capable of disputing the Solid Waste Disposal District's interpretation of the data. Due to the denial of the statements in the protest, there is no need for the RFP to be canceled, or for a BAFO to be reissued. It remains staff s assertion that WM and FCC both submitted their best price for the services detailed in their original proposals, in their BAFO. Conclusion Should you disagree with my denial of your protest, you may appeal to our Board of County Commissioners. To appeal, a written notice of your intent to appeal must be submitted to me within three business days of receipt of this memo. I will submit, and the Board will consider, the appeal with reasonable promptness. Please feel free to contact me at (772) 226-1575 or by email at jhyde@indianriver.gov if you have any questions. Sincerely, ~ ennif Hyde NIGP-CPP, CPPO Y Purchasing Manager Encl: Formal Protest by FCC Updated Formal Protest by FCC Cc: Waste Management, Inc. of Florida, Ms. Debbie Perez, dperez@wm.com Waste Pro of Florida Inc., Mr. Kenneth Skaggs, kskaggs@wasteprousa.com Republic Services, Mr. Fulton Smith, fsmith@republicservices.com Coastal Waste & Recycling, Mr. John Casagrande, jcasagrande@coastalwasteinc.com 243 aw rNMr I %rL environmental services May 20, 2024 Indian River County Purchasing 1800 27th St. Vero Beach, FL 33407 Attn: Jennifer L. Hyde, Purchasing Manager RE. Formal Protest by FCC Environmental Services Florida, LLC ("FCC') RFP No. 2024020, Solid Waste and Recyclables Collection Services ("RFP') Dear Ms. Hyde, Please consider this letter as a formal protest regarding RFP No. 2024020; Solid Waste and Recyclables Collection Services. FCC strongly believes that the integrity of this RFP process has been compromised in several aspects. FCC has detailed those instances further in depth within the body of this letter for the County's consideration. Section 5.1(A)(5) of the Indian River County Board of County Commissioners Purchasing Manual says "The County may negotiate with any proposer to revise, value engineer, etc. any proposal, provided the revisions do not amount to a substantial and material change to the proposal, and provided that such revisions do not unfairly affect other proposers." It is undeniable that the material changes to certain proposals has had an unfair impact on FCC. Integrity of RFP Process Not Maintained At the first evaluation committee meeting, the Indian River County (the "County") personnel maintained anonymity of all proposing firms, referring to the responding funis only as "Proposer A, B, C, D, and E." This was presumably intended to be done in order to preserve the integrity of the RFP and prevent firms from circumventing the process entirely as stated by County personnel. However, the names of each ranked firm were then revealed at the following evaluation committee meeting, thereby eliminating efforts to protect the process by the County from the first meeting. As such, it was revealed that FCC was the top-ranked firm for Options 1-4, while Coastal Waste & Recycling ("Coastal") was ranked second. It was not until the names of the proposing firms were known that members of the evaluation committee altered their scoring, thereby ranking Waste Management ("WM") second and Coastal third. If the names of the firms had remained anonymous as originally intended and scores unaltered, then only FCC and Coastal would have been selected by the committee to be presented to the Board of County Commissioners with WM being eliminated from the next steps of the process. The integrity of the RFP process was then further violated during the BAFO process when at no point did the County request clarification as to the revised number of resources proposed for each option. By not confirming the new number of routes, staff, and equipment under each option, the County would have no 244 am erMrorunentW services feasible way to provide a recommendation of award with any basis on the ability to perform the work outlined within the scope of services. To further this point, in Staff Report dated May 13, 2024, within the section titled "Analysis", Staff describes evaluating the BAFO prices under the same scoring metrics as the original RFP. Within this section, Staff describes combining the new price scoring with the original technical scores to support the new ranking of WM as first and FCC as second. However, this has proven to be a flawed process due to the revised proposed resources being drastically different as seen in the astonishingly large decrease in price that WM put forth for Option 3 and 4. The Staff Report stated that "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." The manner in which this process has been carried out only further clarifies that, despite RFP language that states otherwise, high quality of services was never an important factor but rather the cheapest price was the only relevant factor. Without analyzing the new level of resources, the County's Negotiations Team has essentially provided a recommendation for award based solely on pricing, thereby abandoning the RFP process for that of an ITB (Invitation to Bid). No part of any of the Staff Reports or Presentations to the Commissioners included any mention or reference to the initially proposed or BAFO revised resources. Unfair Structure of the BAFO In the midst of the RFP process, the County released the documents from each participating firm pertaining to the RFP including the technical proposal and pricing for each option. By doing so, the County removed any fair competition from the process and allowed competing firms to undercut the lowest bid. As such, WM was able to unfairly reduce their subscription rate by over 50% meaning $11.42M per year and the universal rate by over 25% ($4.1OM per year) based on the released information. We urge the County to question whether WM would have reduced their prices in such a dramatic fashion if the integrity of the process had been upheld. Why was WM's original pricing so egregiously high, and how were they able to reduce their pricing in such dramatic fashion? In large part, this reduction was made possible due to the parameters that the County set forth for the BAFO process. With the letter issued May 3, 2024, titled "Request for Best and Final Offer", the County states "the Proposer may not increase the price in any or all categories". FCC submitted the lowest pricing received during the initial process as a sign of good faith to the County and our commitment to a successful partnership. However, by limiting the BAFO in this way, the exceptionally more expensive firm received an unfair advantage as cost could still be allocated within different portions of the submitted proposal while also lowering the inflated rates of the initial bid. Furthermore, FCC calls to question how the County can reasonably accept pricing that is 50% and 25% lower than the original bidding price without questioning the number of resources that these prices include. Clarification questions were extended to each participating firm during the evaluation process which lends itself to the County's placed importance of the proposed service to residents and commercial customers. Yet, this level of examination was not present during the BAFO process. 245 20 erM mrwmta! services Unless a firm was to arbitrarily submit overinflated bid rates with the intention to increase profit margin to the detriment of the County, then the only reasonable result of such severe reductions is the removal of key resources such as staffing, equipment, and routes. Either scenario is extremely troubling and does not represent the best interests of the County. With the BAFO letter stating, "the Proposer hereby acknowledges that no changes shall be made to the minimum technical and contractual requirements as included in the RFP and in the Sample Agreement", we strongly believe as though this aspect has not been requested, reviewed, or confirmed. Failure to Comply with Board of County Commissioners Decision During the Special Call Meeting on April 24, 2024, Staff requested the Board of County Commissioners vote on 5 items so the RFP process may be continued. Regarding item 4, Staff requested "authorization to the Negotiations Team to pursue simultaneous negotiations with the top two firms..." However, despite the Board approving this request, the subsequent letter received on May 3, 2024, clearly stated that "this will be the only opportunity provided to the Proposer to submit the BAFO and no negotiations shall be made as part of this process." This statement directly contradicts the decision made by the Board and therefore should eliminate any subsequently received BAFOs. Misleadine Recommendation to the Board As a final item, we want to express our skepticism on the similarity in WM's pricing in both Options 3 and 4. After reviewing the released BAFO supports, we are surprised that Staff has not brought into question the near identical pricing that WM has submitted for both options. When the evaluation committee and staff reviewed initial proposals, it was shown that each company has submitted an overall higher rate per household for the subscription base option than the universal base option. The reasoning for the increase of this option was due to a myriad of factors including a lesser number of units to allocate overheads, a lower performance for each route type due to the longer travel distance between customers and increase of expenses such as invoicing customers and bad debt for nonpaying customers. As proof of this, WM's original price was 50% higher than their universal rate ($37.53 for subscription option, compared against $25.08 for universal option). The difference between these rates has somehow been reduced to $.05 or .02% ($18.65 for subscription option, compared against $18.60 for universal option). With such a dramatic swing, this can only be justified as a firm that has acted in a desperate manner and has acted without any consideration for the expenses associated to providing the services outlined within the RFP. We find it equally as surprising that the Staff Report has failed to identify the parity between these rates. Although it is ultimately the decision by the Board, FCC believes that the recommendation for universal service to be misleading as the report indicates that the universal option provides a lower price. While that may be correct on a per resident basis, what the report has failed to consider is that the universal option includes —30% more residential units than the current number of subscription units. In effect, the recommendation of universal service acts against the best interests of the County and its residents. This 246 20 envirannental services option forces the 30% of unsubscribed residents into the service while only providing a savings of $.05 to those residents currently subscribed. Additionally, we have found the recommendation to be further misleading in the fact that there has been no mention of submitted pricing that would apply to commercial customers under this contract. WM proposed commercial rates pose a nearly 100% increase (from $5.45/cubic yard to $10.80/cubic yard). As an example, this represents $6,672 more per year for a customer that has 1-8 cubic yard front load dumpster that is serviced 3 times per week. When considering the subscription base option, each single family unit will only receive an annual increase of $89.88. Therefore, it is presumed that WM has placed an unfair burden of their overall price increase onto the commercial customers. While the Staff Report highlighted the difference in residential pricing between the funis, there is no comparison of the commercial rates which would highlight a 22% higher annual cost for WM compared to FCC. This difference in cost increases exponentially depending on quantity of containers, size of containers, and the frequency of service. Disregarding this portion of the submittals constitutes as a misrepresentation of total bid submittals to the Board as it does not consider the higher rates for commercial constituents in its findings. Pursuant to Section 7.1(C) of the County's Purchasing Manual, "the County shall not award the Contract until the administrative appeal is resolved". As such, item 15.B.5. regarding to the recommendation for Franchise Award to WM must be removed from the May 21", 2024 Board of County Commissioners Agenda. With such a breach of integrity in the process for RFP, we firmly request that the County proceed in one of two ways: 1) Cancel the current RFP and begin a new proposal process, giving Staff and funis a fair opportunity to participate in the new process while operating with the integrity of the County's rules and procedures; or 2) issue a new request for BAFO on the current RFP, to allow proper and fair negotiations between County Staff and all relevant firms in compliance with the County's purchasing requirements. Thank you for your time and consideration of this matter. Sincerely, Dan Brazil Chief Executive Officer FCC Environmental Services Florida, LLC 247 A% I `% ernironmentat services May 23, 2024 Indian River County Purchasing 1800 27"' St. Vero Beach, FL 33407 Attn: Jennifer L. Hyde, Purchasing Manager RE: Formal Protest by FCC Environmental Services Florida, LLC ("FCC") RFP No. 2024020; Solid Waste and Recyclables Collection Services ("RFP") Dear Ms. Hyde, On May 20, 2024, FCC submitted a timely filed formal protest related to RFP No. 2024020; within five (5) calendar days that FCC knew or should have known the facts giving rise to this protest (receiving the final BAFO scoring on May 16, 2024). Subsequently, on May 21, 2024, after the Board of County Commissioners meeting concluded in a vote to recommend the award to WM, Indian River County Administrator John Titkanich Jr, informed FCC that we needed to resubmit our protest since prior to the Board vote, FCC had not yet been aggrieved. The following is a resubmission of our previously filed protest based on the instruction from the County Administrator: Please consider this letter as a formal protest regarding RFP No. 2024020; Solid Waste and Recyclables Collection Services. FCC strongly believes that the integrity of this RFP process has been compromised in several aspects. FCC has detailed those instances further in depth within the body of this letter for the County's consideration. Section 5.1(A)(5) of the Indian River County Board of County Commissioners Purchasing Manual says "The County may negotiate with any proposer to revise, value engineer, etc. any proposal, provided the revisions do not amount to a substantial and material change to the proposal, and provided that such revisions do not unfairly affect other proposers." It is undeniable that the material changes to certain proposals has had an unfair impact on FCC. Intearity of RFP Process Not Maintained At the first evaluation committee meeting, the Indian River County (the "County") personnel maintained anonymity of all proposing firms, referring to the responding firms only as "Proposer A, B, C, D, and E." This was presumably intended to be done in order to preserve the integrity of the RFP and prevent firms from circumventing the process entirely as stated by County personnel. However, the names of each ranked firm were then revealed at the following evaluation committee meeting, thereby eliminating efforts to protect the process by the County from the first meeting. 248 W environmental services As such, it was revealed that FCC was the top-ranked firm for Options 1-4, while Coastal Waste & Recycling ("Coastal") was ranked second. It was not until the names of the proposing firms were known that members of the evaluation committee altered their scoring, thereby ranking Waste Management ("WM") second and Coastal third. If the names of the firms had remained anonymous as originally intended and scores unaltered, then only FCC and Coastal would have been selected by the committee to be presented to the Board of County Commissioners with WM being eliminated from the next steps of the process. The integrity of the RFP process was then further violated during the BAFO process when at no point did the County request clarification as to the revised number of resources proposed for each option. By not confirming the new number of routes, staff, and equipment under each option, the County would have no feasible way to provide a recommendation of award with any basis on the ability to perform the work outlined within the scope of services. To further this point, in Staff Report dated May 13, 2024, within the section titled "Analysis", Staff describes evaluating the BAFO prices under the same scoring metrics as the original RFP. Within this section, Staff describes combining the new price scoring with the original technical scores to support the new ranking of WM as first and FCC as second. However, this has proven to be a flawed process due to the revised proposed resources being drastically different as seen in the astonishingly large decrease in price that WM put forth for Option 3 and 4. The Staff Report stated that "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." The manner in which this process has been carried out only further clarifies that, despite RFP language that states otherwise, high quality of services was never an important factor but rather the cheapest price was the only relevant factor. Without analyzing the new level of resources, the County's Negotiations Team has essentially provided a recommendation for award based solely on pricing, thereby abandoning the RFP process for that of an ITB (Invitation to Bid). No part of any of the Staff Reports or Presentations to the Commissioners included any mention or reference to the initially proposed or BAFO revised resources. Unfair Structure of the BAFO In the midst of the RFP process, the County released the documents from each participating firm pertaining to the RFP including the technical proposal and pricing for each option. By doing so, the County removed any fair competition from the process and allowed competing firms to undercut the lowest bid. As such, WM was able to unfairly reduce their subscription rate by over 50% meaning $11.42M per year and the universal rate by over 25% ($4.1OM per year) based on the released information. We urge the County to question whether WM would have reduced their prices in such a dramatic fashion if the integrity of the process had been upheld. Why was WM's original pricing so egregiously high, and how were they able to reduce their pricing in such dramatic fashion? 249 20 1 `% err irormientat services In large part, this reduction was made possible due to the parameters that the County set forth for the BAFO process. With the letter issued May 3, 2024, titled "Request for Best and Final Offer", the County states "the Proposer may not increase the price in any or all categories". FCC submitted the lowest pricing received during the initial process as a sign of good faith to the County and our commitment to a successful partnership. However, by limiting the BAFO in this way, the exceptionally more expensive firm received an unfair advantage as cost could still be allocated within different portions of the submitted proposal while also lowering the inflated rates of the initial bid. Furthermore, FCC calls to question how the County can reasonably accept pricing that is 50% and 25% lower than the original bidding price without questioning the number of resources that these prices include. Clarification questions were extended to each participating firm during the evaluation process which lends itself to the County's placed importance of the proposed service to residents and commercial customers. Yet, this level of examination was not present during the BAFO process. Unless a firm was to arbitrarily submit overinflated bid rates with the intention to increase profit margin to the detriment of the County, then the only reasonable result of such severe reductions is the removal of key resources such as staffing, equipment, and routes. Either scenario is extremely troubling and does not represent the best interests of the County. With the BAFO letter stating, "the Proposer hereby acknowledges that no changes shall be made to the minimum technical and contractual requirements as included in the RFP and in the Sample Agreement", we strongly believe as though this aspect has not been requested, reviewed, or confirmed. Failure to Comply with Board of County Commissioners Decision During the Special Call Meeting on April 24, 2024, Staff requested the Board of County Commissioners vote on 5 items so the RFP process may be continued. Regarding item 4, Staff requested "authorization to the Negotiations Team to pursue simultaneous negotiations with the top two firms..." However, despite the Board approving this request, the subsequent letter received on May 3, 2024, clearly stated that "this will be the only opportunity provided to the Proposer to submit the BAFO and no negotiations shall be made as part of this process." This statement directly contradicts the decision made by the Board and therefore should eliminate any subsequently received BAFOs. Misleadine Recommendation to the Board As a final item, we want to express our skepticism on the similarity in WM's pricing in both Options 3 and 4. After reviewing the released BAFO supports, we are surprised that Staff has not brought into question the near identical pricing that WM has submitted for both options. When the evaluation committee and staff reviewed initial proposals, it was shown that each company has submitted an overall higher rate per household for the subscription base option than the universal base option. The reasoning for the increase of this option was due to a myriad of factors including a lesser number of units to allocate overheads, a lower performance for each route type due to the longer travel distance between customers and increase of expenses such as invoicing customers and bad debt for nonpaying customers. 250 NO `r%r enlAronax- l services As proof of this, WM's original price was 50% higher than their universal rate ($37.53 for subscription option, compared against $25.08 for universal option). The difference between these rates has somehow been reduced to $.05 or .02% ($18.65 for subscription option, compared against $18.60 for universal option). With such a dramatic swing, this can only be justified as a firm that has acted in a desperate manner and has acted without any consideration for the expenses associated to providing the services outlined within the RFP. We find it equally as surprising that the Staff Report has failed to identify the parity between these rates. Although it is ultimately the decision by the Board, FCC believes that the recommendation for universal service to be misleading as the report indicates that the universal option provides a lower price. While that may be correct on a per resident basis, what the report has failed to consider is that the universal option includes —30% more residential units than the current number of subscription units. In effect, the recommendation of universal service acts against the best interests of the County and its residents. This option forces the 30% of unsubscribed residents into the service while only providing a savings of $.05 to those residents currently subscribed. Additionally, we have found the recommendation to be further misleading in the fact that there has been no mention of submitted pricing that would apply to commercial customers under this contract. WM proposed commercial rates pose a nearly 100% increase (from $5.45/cubic yard to $10.80/cubic yard). As an example, this represents $6,672 more per year for a customer that has 1-8 cubic yard front load dumpster that is serviced 3 times per week. When considering the subscription base option, each single family unit will only receive an annual increase of $89.88. Therefore, it is presumed that WM has placed an unfair burden of their overall price increase onto the commercial customers. While the Staff Report highlighted the difference in residential pricing between the firms, there is no comparison of the commercial rates which would highlight a 22% higher annual cost for WM compared to FCC. This difference in cost increases exponentially depending on quantity of containers, size of containers, and the frequency of service. Disregarding this portion of the submittals constitutes as a misrepresentation of total bid submittals to the Board as it does not consider the higher rates for commercial constituents in its findings. Pursuant to Section 7.1(C) of the County's Purchasing Manual, "the County shall not award the Contract until the administrative appeal is resolved". As such, item 15.B.5. regarding to the recommendation for Franchise Award to WM must be removed from the May 211t, 2024 Board of County Commissioners Agenda. With such a breach of integrity in the process for RFP, we firmly request that the County proceed in one of two ways: 1) Cancel the current RFP and begin a new proposal process, giving Staff and firms a fair opportunity to participate in the new process while operating with the integrity of the County's rules and procedures; or 2) issue a new request for BAFO on the current RFP, to allow proper and fair negotiations between County Staff and all relevant firms in compliance with the County's purchasing requirements. 251 as fwNmr %AW environmental services Thank you for your time and consideration of this matter. Sincerely, Dan Brazil Chief Executive Officer FCC Environmental Services Florida, LLC 252 BOARD OF COUNTYCOMMISSIONERS June 4, 2024 Mr. Joseph Goldstein Shutts & Bowen LLP j goldstein (& shutts. com Subject: Response to Appeal of Denial of Protest of RFP 2024020 — Solid Waste and Recyclables Collection Services Dear Mr. Goldstein: We are in receipt of your firm's May 30, 2024 appeal to the denial of Coastal Waste and Recycling's protest of the subject request for proposals ("RFP"). After review, I agree my calculation of the deadline for receipt of the protest was incorrect, and therefore the denial of Coastal's protest on the grounds it was not timely was not appropriate. Based on the determination that your appeal should be upheld, I have reviewed the protest submitted on May 22, 2024. After review, Coastal's protest is denied. Background Five proposals were independently reviewed and scored by a selection committee on the technical portions of the proposal, with point allocations for pricing calculated using a formula provided in the RFP. A total score per proposal, per service option was developed by each committee member, who then listed the proposals by service option in a rank order, with the proposal having the most points ranked as the number one. An initial ranking meeting was held, during which each committee member revealed their rank order of proposals and service options. Proposals from Waste Management and Coastal were tied by rank order for Service Option 4 for second, so each committee member read their total point score for the two tied proposals, with Waste Management having the higher number of total points, and assigned the ranking of second. The committee determined sufficient information was not received, and requests for clarification were submitted to all five firms. A second ranking meeting was held on April 1, 2024, after receipt of the clarification responses, with committee members asked to identify any changes to their rank order of firms. Two committee members made changes to their rank order, which resulted in a tie for second between Waste Management and Coastal for Service Option 3. After discussions, a committee member changed his rank order of firms to break the tie, resulting in Waste Management receiving the rank of two. The Board of County Commissioners directed negotiations with the two top ranked firms for Service Options #3 and #4 (FCC Environmental and Waste Management) on April 24, 2024. Office of Management and Budget • Purchasing Division 1800 27th Street, Vero Beach, Florida 329600(772) 226-1416 E-mail: purchasing0indianriver.gov 253 Response to Coastal Appeal and Protest Your protest asserts the RFP reserved a second committee meeting for interviews, but the meeting instead was used "to answer written questions." Your protest states "such a meeting is not mentioned nor authorized by the terms of the RFP" and therefore was improper. Your protest also claims the committee improperly broke the tie for second during the second committee meeting, because total points were not utilized. You also protest that undue influence was used to persuade a committee member to modify his ranking to break the tie. Finally, your protest asserts Coastal was "improperly excluded from BAFO Round" because the committee broke the tie for second. Your protest requests the recommendation of award be rescinded and either a new BAFO be issued including Coastal, or "such other relief deemed just and equitable." Basis for Decision The assertion that the second committee meeting was not authorized is incorrect. The Method of Selection provided in the RFP directs that the Committee of the whole will develop the ranking of firms, but does not detail the number of meetings that will or can be held. Additionally, schedules provided in the RFP, and addendum 9 with events were identified as tentative. Finally, the deadline to protest events of the second committee meeting was April 6, 2024, therefore this protest is not timely. The claim that points were required to be used to break the tie during the second committee meeting is incorrect. There is no requirement in the purchasing manual or the RFP for re - scoring via the original points. The RFP directs the committee to develop a "combined ranking order of all Submittals meeting minimum qualifications" (initial ranking). Total points received by each firm from all committee members is used to break a tie only in the first combined ranking order, with "the firm with the highest number of points... awarded the higher ranking position. The committee may discuss the rankings and their reasons behind them, and each member may modify their ranlang [emphasis added] of firms accordingly until the committee is satisfied with the rankings." Therefore, the RFP and Purchasing Manual do not require scores to break future ties, only modification to ranking. Your statement that one of the committee members stated "he preferred Coastal Waste & Recycling over WM because Coastal Waste & Recycling presented a more affordable price" is inaccurate. The committee member did not state a preference for Coastal, but indicated his initial ranking of Coastal above Waste Management "was because of the price proposals, primarily." He went on to state he thought Waste Management overall and consistently had submitted a better proposal overall than Coastal. As reflected in your protest, these comments were made prior to the discussion you allege to be attempted undue influence. Finally, the deadline to protest events of the second committee meeting was April 6, 2024, therefore this protest is not timely. Your protest that the tie should not have been broken conflicts with the Method of Selection provided in the RFP, which states "the Committee may discuss the rankings and their reasons behind them, and each member may modify their ranking of firms accordingly until the 254 Response to Coastal Appeal and Protest Committee is satisfied with the rankings." Additionally, the deadline to protest events of the second committee meeting was April 6, 2024, and the deadline to protest staffs recommendation that the Board authorize negotiations with only FCC and Waste Management was April 24, 2024, five days after the agenda for that meeting was published (April 19, 2024), therefore this protest is not timely. Conclusion Should you disagree with my denial of your protest, you may appeal to our Board of County Commissioners. To appeal, a written notice of your intent to appeal must be submitted to me within three business days of receipt of this memo. I will submit, and the Board will consider, the appeal with reasonable promptness. Please feel free to contact me at (772) 226-1575 or by email at jhyde@indianriver.gov if you have any questions. Sincerely, e'nnif HIGP-CPP, CPPO Y Purchasing Manager Encl: Appeal of Denial of Coastal Formal Protest by Coastal Cc: Mr. John Casagrande, Coastal Waste & Recycling, jcasagrande(a�coastalwasteinc.com Waste Management, Inc. of Florida, Ms. Debbie Perez, dperezp-wm.com Waste Pro of Florida Inc., Mr. Kenneth Skaggs, kskaggs0wasteprousa.com Republic Services, Mr. Fulton Smith, fsmith(&reiublicservices.com FCC Environmental, Mr. Charles Merkley, Charles.merkley(&fccenvironmental.com 255 May 30, 2024 VIA EMAIL — JEWDEOURCGOV.COM Jennifer Hyde, NIGP-CPP, CPPO Purchasing Manager Indian River County Purchasing Division 1800 27h Street Vero Beach FL 32960 JOSEPH M. GOLDSTEIN PARTNER, BOARD CERTIFIED IN BUSINESS LITIGATION Shutts I3 Bowen LLP 201 East Las Olas Blvd. Suite 2200 Fort Lauderdale, FL 33301 DIRECT (954) 847-3837 EMAIL JGoldstein@shutts.com Re: RFP #2024020, Solid Waste and Recyclables Collection Services Appeal of County's Denial of Coastal Waste & Recycling, Inc.'s Formal Bid Protest of Recommendation for Franchise Award Dear Ms. Hyde: Shutts & Bowen LLP represents Coastal Waste & Recycling, Inc. ("Coastal Waste & Recycling") regarding Request for Proposal 2024020, Recommendation for Franchise Award for Solid Waste and Recyclables Collection Services ("Recommendation for Award"). The Indian River County Purchasing Manager submitted the County's response to Coastal Waste & Recycling's Formal Bid Protest on May 24, 2024. Coastal Waste & Recycling timely submits this notice of intent to appeal to the Purchasing Manager and requests that this appeal be promptly heard by the Board of County Commissioners. I. Factual Background On Monday, May 20, 2024, at 10:15 PM, Coastal Waste & Recycling submitted its Notice of Intent to Timely File Protest to Purchasing Manager Jennifer Hyde, NIGP-CPP, copying County Attorney William K. DeBraal, Deputy County Attorney Susan Prado, and Commissioner Susan Adams attached hereto as Exhibit A. Ms. Hyde confirmed receipt of the notice at 4:03 AM on Tuesday, May 21, 2024. See Email Correspondence, attached hereto as Exhibit B. Subsequently, on Wednesday, May 22, 2024, at 10:56 PM, Coastal Waste & Recycling submitted a timely formal bid protest to object to the Recommendation of Award approved by the Board of County Commissioners ("Commission") at its May 21, 2024, Commission Meeting. See Timely Submission of Protest, attached hereto as Exhibit C. Pursuant to the Indian River County Board of County Commissioners ("County or Board of County Commissioners") Purchasing Manual, Coastal Waste & Recycling's protest was filed within five (5) calendar days from May 18, 2024, which is the date that Coastal Waste & Recycling knew or should have known the facts giving rise to its protest because it is when the Commission published the May 21, 2024, Commission Meeting agenda, which identified that the Commission would be considering, as Item 15.B.5, the shutts.eom I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM B256 May 30, 2024 Page 2 Recommendation for Franchise Award for Solid Waste and Recyclables Collection Services (RFP#2024020). On Friday, May 24, 2024, the County's Purchasing Manager provided Coastal Waste & Recycling with the County's response, denying Coastal Waste & Recycling's formal bid protest. As a basis for the County's denial, it was alleged that Coastal Waste & Recycling's protest was not timely because rather than giving Coastal Waste & Recycling five calendar days to file its protest, the Purchasing Manager only gave Coastal Waste & Recycling 120 hours (5 x 24 hours). H. Summary of Argument Coastal Waste & Recycling disagrees with the County's basis for decision that Coastal Waste & Recycling's formal bid protest was not timely filed. In fact, Coastal Waste & Recycling's timely filing of its protest complies with the County's Purchasing Manual as well as state and federal rules of practice governing the computation of time.1 III. Leeal Argument A. Coastal Waste & Recycling's Formal Bid Protest Was Timely. 1. Coastal Waste & Recycling's Submission of its Formal Bid Protest Complies with the Indian River County's Purchasing Manual and Code of Ordinances. Pursuant to the protest procedure outlined in the County's Purchasing Manual: Any actual or prospective bidder or proposer who is aggrieved in connection with a competitive selection process may protest to the Purchasing Manager. The protest shall be submitted to the Purchasing Manager in writing within five (5) calendar days after the bidder or proposer knows or should have known of the facts giving rise to the protest. Protest Procedure, Section 7. 1, County Purchasing Manual. (emphasis added.) Coastal Waste & Recycling, as an aggrieved actual proposer of RFP#2024020, submitted itis formal bid protest in writing to the Purchasing Manager on Wednesday, May 22, 2024, within five (5) calendar days after the agenda for the Recommendation of Award for RFP#2024020 to th ' In the alternative, the County should have treated Coastal's May 20, 2024, notice of intent to protest as a timely protest in that it summarized its protest by alleging "the County failed to secure fair competition and did not afford an equal advantage to all responsive bidders when it arbitrarily and capriciously denied Coastal Waste the ability to submit a best and final offer." See Exhibit A. shutts.eom I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM May 30, 2024 Page 3 Board of County Commissioners for the May 21, 2024, Commission Meeting, was posted on the County's website. Neither Section 7 nor any other sections of the County's Purchasing Manual state any period of time for submissions in hours.2 Rather, the only reference to the submission of a bid protest is within Section 7. 1, as detailed above, which specifies a submission time period quantified in days. Furthermore, the County's Purchasing Manual and Code of Ordinances are silent regarding the computation of time and provides no guidelines for any such rule or process. The Code of Indian River County (the "Code") support's Coastal Waste & Recycling's position as to the counting of days versus the Purchasing Manager's counting of hours. The Code states that "In computing any period of time in the Code the day of the act, event, or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday, or legal holiday, in which case the period shall run until the end of the next day which is not a Saturday, Sunday, or legal holiday." Code, § 100.02. Thus, as the County published the agenda for the May 21, 2024 Board of County Commissioners meeting, including staff report, on the County's website on Friday, May 17, at 8:44 a.m., the fifth calendar day following the posting would be "the end of the day" five days later, i.e., Wednesday, May 22, 2024, before midnight. 2. Coastal Waste & Recycling's Submission of its Formal Bid Protest Complies with State and Federal Rules of Procedure and Practice for Computing Time. Coastal Waste & Recycling's position is consistent with the County Code, and with relevant state and federal rules, which the County's Purchasing Manual states should be considered - "[p]rocurement is regulated by this manual, the Indian River County Code and, to the extent applicable, state and federal statutes." Section 1.2, County Purchasing Manual. The County Code is consistent with Rule 2.514 of the Florida Rules of Judicial Administration, which provides for the computation of "time periods specified in any rule of procedure, local rule, court order, or statute that does not specify a method of computing time," provides that "[w]hen the period is stated in days or longer unit of time" (1) the day of the event that triggers the period should be excluded (2) every day, including intermediate Saturdays, Sundays, and legal holidays should be counted, and (3) the last day of the period should be included, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is 2 In its response to Coastal Waste & Recycling's formal bid protest, the County's Purchasing Manager stated: Your protest is not timely. The agenda for the May 21, 2024 Board of County Commissioners meeting, including the staff report, was published to the County's website on Friday, May 17, 2024 at 8:44 a.m. The deadline to file a protest against the recommendation of award to Waste Management expired at 8:43 a.m., Wednesday, May 22, 2024. Basis for Decision Paragraph of County's Response. (emphasis added.) shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM B2" May 30, 2024 Page 4 t_ not a Saturday, Sunday, or legal holiday and does not fall within any period of time extended through an order of the chief justice. Fla. R. Gen. Prac. Jud. Admin. Rule 2.514. Rule 2.514 further provides that the "last day ends for electronic filing or for service by any meani, at midnight." Fla. R. Gen. Prac. Jud. Admin. 2.514(a)(4)(A) (emphasis added). Therefore, the last day of the period, which should be included in the computation of time here, May 22, 2024, for electronic filing or service to the County, ended at midnight. Coastal Waste & Recycling submitted its formal bid protest electronically before midnight, at 10:56 PM. See Exhibit B. Therefore, the last day had not yet ended when Coastal Waste & Recycling submitted its protest, thus its submission was timely. See also Fed. R. Civ. Pro. Rule 6(a)(1) (period stated in days) v. (a)(2) (period stated in hours).' Here, the date that triggers the period for submission of a protest to the County is May 17, 2024, the day the agenda for the May 21, 2024, Board of County Commissioners meeting, including the staff report, was published to the County's website. As provided by Rule 2.514, May 17, 2024, should be excluded. Per Rule 2.514, every day, including intermediate Saturdays, Sundays, and legal holidays should be counted, thus, May 18, 2024, was Day 1; May 19, 2024, was Day 2; May 20, 2024, was Day 3; May 21, 2024, was Day 4; and May 22, 2024, up to 11:59 p.m., was Day 5. Coastal Waste & Recycling filed its written bid protest on Day 5, before May 22, 2024, 11:59 p.m., and thus its filing was timely. a. Distinction Between Periods Stated in Days and Periods Stated in Hours. As evidenced in Fla. R. Gen. Prac. Jud. Admin. Rule 2.514 and Fed. R. Pro. Rule 6, a clear distinction is made between periods stated in days and periods stated in hours. This distinction sheds light on the logical premise that periods of time should be clearly delineated since there is more than one way to compute time. Consequently, the County's Purchasing Manual's mandate for protests to be submitted within five (5) days can only be interpreted to mean that the submission time period for protests is computed in days, and not hours. Furthermore, as detailed above under Argument (A)(1), neither the County's Purchasing Manual, the County Code, nor its Code of Ordinances mentions any period of time for submissions in hours. Therefore, the County's basis s "Computing Time. The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) Period Stated in Days ora Longer Unit. When the period is stated in days or a longer unit of time: (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday. (2) Period Stated in Hours. When the period is stated in hours: (A) begin counting immediately on the occurrence of the event that triggers the perio (B) count every hour, including hours during intermediate Saturdays, Sundays, and legal holidays; and (C) if the period would end on a Saturday, Sunday, or legal holiday, the period continues to run until the same time on the next day that is not a Saturday, Sunday, or legal holiday." Id. shutts.eom I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM B s ..r May 30, 2024 Page s for denying Coastal Waste & Recycling's formal bid protest and its position that Coastal Waste & Recycling's formal bid protest was due at a time certain on May 22, 2024, well before midnight, is erroneous. IV. Conclusions and Request for Relief The County's denial of Coastal Waste & Recycling's formal bid protest was erroneous and should be overturned by the Board of County Commissioners. Therefore, as a matter of law and public policy, the Board of County Commissioners should use its discretion to affirm Coastal Waste & Recycling's Appeal of the County's denial of its protest as untimely and provide such other relief deemed just and equitable. Sincerely, Shutts & Bowen LLP Joseph M. Goldstein cc: William K. DeBraal, County Attorney (bdebraalaindianriver.gov) Susan Prado, Deputy County Attorney(prado(c irc ov�.com_) Commissioner Susan Adams (sadamsircgov.com) Matthew Cowan, General Counsel (mcowanacoastalwasteinc.com) FTLDOCS 9168174 2 50491.0008 shutts.eom I FORT LAUDERDALE I JACKSONVILLE I MIAMI 1 ORLANDO.1 SARASOTA 1 TALLAHASSEE I TAMPA I WEST PALM EXHIBIT CWoastal aste & Recycling May 20, 2024 Via email.-jhyde@ircgov.com Jennifer Hyde, NIGP-CPP, CPPO Purchasing Manager Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Re: RFP#2024020 Coastal Waste & Recycling, Inc. Notice of Intent to Timely File Protest Dear Ms. Hyde: Please allow this letter to serve as notice by Coastal Waste & Recycling, Inc. ("Coastal Waste") that it intends to file a protest in connection with Request for Proposal Number 2024020 ("RFP#2024020"), pursuant to the Indian River County Board of County Commissioners Purchasing Manual and Section III of RFP#2024020. Coastal Waste intends to file this protest on Wednesday, May 22°a. This filing shall be within five (5) calendar days from Friday, May 18th, which is the date that Indian River County (the "County") released the Board of County Commissioners ("Commissioners") agenda for the May 21' meeting. The agenda identified that the Commissioners would be considering, as Item 15.B.5, the Recommendation for Franchise Award for Solid Waste and Recyclables Collection Services (RFP#2024020). Coastal Waste intends to demonstrate through a timely filed protest that the County failed to secure fair competition and did not afford an equal advantage to all responsive bidders when it arbitrarily and capriciously denied Coastal Waste the ability to submit a best and final offer. Accordingly, Coastal Waste respectfully requests that the Commissioners remove Item 15.13.5 from the May 21" agenda in order to allow you as Purchasing Manager to investigate the basis of the protest per Section 7.1 of the Purchasing Manual and to ensure that Coastal Waste is not further harmed by the improper procurement procedures utilized in RFP#2024020. Thank you for your time and consideration. Respectfully submitted, / 'GL--------+ Matthew Cowan General Counsel cc: William K. DeBraal, County Attorney (bdebraal@indianriver.gov) Susan Prado, Deputy County Attorney (sprado@ircgov.com) Commissioner Susan Adams (sadams@ircgov.com) 2481 NW 2nd Avenue, Boca Raton, Florida I P: 954-947-4000 www.coastalwasteinc.com 262 EXHIBIT B 263 From: Jennifer Hyde <jhyde@indianriver.gov> Sent: Tuesday, May 21, 2024 4:03 AM To: Matthew Cowan <mcowan@coastalwasteinc.com> Cc: Bill Debraal <bdebraal@indianriver.gov>; Susan J. Prado <sprado@indianriver.gov>; Susan Adams <sadams@indianriver.gov> Subject: RE: RFP#2024020 - Coastal Waste & Recycling, Inc. Notice of Intent to Timely File Protest Mr. Cowan . Your letter has been received. Jennifer L. Hyde, NIGP-CPP, CPPD Purchasing Manager Indian River County, FL 1800 27th Street, Vero Beach, FL 3296o 772 r, 22 -1575 From: Matthew Cowan <mcowan@coastalwastelnc.com> Sent: Monday, May 20, 2024 10:15 PM To: Jennifer Hyde <jhyde@indianriver.gov> Cc: Bill Debraal <bdebraal@indianriver.gov>; Susan J. Prado <sprado@indianriver.gov>; Susan Adams <sadams@indianriver.gov> Subject: RFP#2024020 - Coastal Waste & Recycling, Inc. Notice of Intent to Timely File Protest CAUTION: This message is from an external source. Please use caution when opening attachments or dick'inglmks. Please see attached. Thank you. Matthew Cowan General Counsel P: 954-947-4000 esteoastal M:305-803-1890 www.coastalwasteinc.com & Recycling 2481 NW 2nd Ave, Boca Raton, FL 33431 ®M NOTICE: This message was sent by an attorney and is subject to all privileges afforded such documents, including the work product privilege and the attorney-client privilege, as appropriate. The information transmitted by this email is intended only for the person or entity to which it is addressed and may contain proprietary, business -confidential, and/or privileged material. If you are not the intended recipient of this email, please contact the sender, delete the email and do not disclose its contents. EXHIBIT C 266 171-17k May 22, 2024 VIA EMAIL — JHYDEA1RCG0V.00M Jennifer Hyde, NIGP-CPP, CPPO Purchasing Manager Indian River County Purchasing Division 1800 27th Street Vero Beach FL 32960 JOSEPH M. GOLDSTEIN PARTNER, BOARD CERTIFIED IN BUSINESS LITIGATION Shutts a Bowen LLP 201 East Las Olas Blvd. Suite 2200 Fort Lauderdale, FL 33301 DIRECT (954) 847-3837 EMAIL JGoldstein@shutts.com Re: RFP #2024020, Solid Waste and Recyclables Collection Services Formal Bid Protest of Recommendation for Franchise Award Dear Ms. Hyde: Shutts & Bowen LLP represents Coastal Waste & Recycling, Inc. ("Coastal Waste & Recycling") regarding Request for Proposal 2024020, Recommendation for Franchise Award for Solid Waste and Recyclables Collection Services ("Recommendation for Award"). Coastal Waste & Recycling submits this timely formal bid protest to object to the Recommendation of Award approved by the Board of County Commissioners ("Commission") at its May 21, 2024 Commission Meeting. This protest is being filed within five (5) calendar days from May 18, 2024, which is the date that Coastal Waste & Recycling knew or should have known the facts giving rise to this protest' because it is when the Commission published the May 21St Commission Meeting agenda, which identified that the Commission would be considering, as Item 15.B.5, the Recommendation for Franchise Award for Solid Waste and Recyclables Collection Services (RFP#2024020). As grounds for its protest, Coastal Waste & Recycling states as follows: I. Summary of Argument On November 17, 2023, the County posted RFP 2024020, Solid Waste and Recyclables Collection Services ("RFP"), requesting the submittal of proposals from vendors interested in providing solid waste and recyclables collection services. On March 8, 2024, the County held its initial Selection Committee ("Committee") meeting ranking the five proposers who responded to the RFP, Coastal Waste & Recycling, FCC Environmental Services Florida, LLC, Waste Pro of Florida, Inc., Republic Services of Florida, Limited Partnership, and Waste Management Inc., of Florida ("WM"). On April 1, 2024, the Committee held yet another meeting, the purpose of which was apparently to allow the Committee to re -rank the proposers, despite it already having fully evaluated each ' On May 20, 2024, Coastal Waste & Recycling submitted a notice of intent to timely protest to Purchasing Manager Jennifer Hyde, NIGP-CPP, copying County Attorney William K. DeBraal, Deputy County Attorney Susan Prado, and Commissioner Susan Adams. Ms. Hyde confirmed receipt of the notice at 4:04 am on Tuesday, May 21st FTLDOCS 9164680 150491.0008 shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE 1 TAMPA I WEST PALM 8269 May 22, 2024 Page 2 proposer's responses. On May 21, 2024, the Commission voted to approve the Recommendation of Award after the Committee permitted two of the five proposers to submit a Best and Final Offer (`BAFO"). The Recommendation of Award to WM is improper, arbitrary and capricious because the Committee failed to follow the County's Purchasing Manual and the RFP's instructions, which led to the undue influence of a Committee member and the improper and unfair second ranking of vendors that resulted in Coastal Waste & Recycling being precluded from submitting a BAFO. II. Legal Argument A. Committee Members Did Not Follow the Award Process as Advertised in Bid Documents and the County's Purchasing Manual Under Florida procurement law, selection committee members are not allowed to complete their scoring randomly or haphazardly; rather, they must follow the award process advertised in the solicitation documents and provided in the County's Purchasing Manual. See City of Sweetwater v. Solo Constr. Corp., 823 So. 2d 798, 802 (Fla. 3d DCA 2002) (noting that rather than following the award process advertised in the bid documents or provided in the City Code, the award process for the project seemed to be improvised as it went along and was based upon the fundamentally flawed logic that the project could be awarded otherwise). The County Failed to Follow the RFPs Instruction as to Second Meeting. Per the RFP, the second meeting of the solicitation process is reserved for interviewing vendors. As made evident through this procurement's documentation, the second meeting of the evaluation process was not used for interviews but was rather, and contrary to the RFP, a meeting to answer written questions. Such a meeting is not mentioned nor authorized by the terms of the RFP, and as such, the County's failure to adhere to the instructions of the RFP was improper. 2. The Selection Committee Improperly Broke Tie Between Vendors. Section 5.3 of the County's Purchasing Manual provides that: In the event of a tie, the ranking of the tied firms shall be determined by a comparison of the total number of points received by each firm for all criteria from all committee members. The firm with the highest number of points will be awarded the higher ranking position. The Committee may discuss the rankings and their reasons behind them, and each member may modify their ranking of firms accordingly. Indian River County Purchasing Manual, Section 5.3 (emphasis added.) shutts.com I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM B20 May 22, 2024 Page 3 The Selection Committee failed to follow the process outlined in the County's Purchasing Manual. Per the Purchasing Manual, to break the tie between Coastal Waste & Recycling and WM, the Committee was mandated to compare the total number of points received by each firm for all criteria from all committee members. However, the Committee once again failed to adhere to the directives of the County's Purchasing Manual. Instead of following the Purchasing Manual and determining by a comparison of the total number of points received by each firm for all criteria from all Committee members in the initial ranking, Himanshu H. Mehta, PE, Managing Director of the Solid Waste Disposal District, and another member of the County's procurement team requested that a member of the Committee change their scores which rearranged the final rankings to the detriment of Coastal Waste & Recycling. Such a departure from the County's Purchasing Manual is arbitrary, capricious, and contrary to the County's procedures. a. A Committee Member Was Unduly Influenced to Change Score. Although the Committee's departure from the County's procurement procedures alone is enough to warrant nullifying the County's Recommendation to Award, even if the County is to uphold the process the Committee followed on that ground, this solicitation process should not stand because a Committee member was unduly influenced to change their score. During the discussion process soliciting new scores from Committee members after a tie was announced between Coastal Waste & Recycling and WM, multiple Committee members indicated that they had no changes to their scores. However, another Committee member further elaborated by stating that he was new to the procurement department and did not have much experience. That Committee member went on to share that he preferred Coastal Waste & Recycling over WM because Coastal Waste & Recycling presented a more affordable price. Upon disclosing this information, Himanshu H. Mehta and another member of the procurement team informed the Committee member that he should not let pricing guide his decision because the Committee can always ask WM to reduce its price. Such instructions to the Committee member were improper and contrary to the terms of the Purchasing Manual, RFP, and the fundamental fairness of the procurement process. Moreover, the logic behind the instructions from the procurement team to the Committee member was deeply flawed, improper, and seems to evidence impermissible favoritism since no one knew whether Coastal Waste & Recycling could have further reduced its pricing and still be lower than WM's pricing. Arguendo, even if the County finds that the Committee's original departure from the procedures outlined in the Purchasing Manual was immaterial (which it is not), it would be unsound to conclude that the undue influence of a member on the Committee is not improper and contrary to the fundamental fairness required in procurement procedures in the State of Florida. See Emerald shutts.com 1 FORT LAUDERDALE I JACKSONVILLE I MIAMI 1 ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM B20 May 22, 2024 Page 4 Corr. Mgmt. v. Bay Cnty. Bd. of Cnty. Cmmr's, 955 So. 2d 647, 652-54 (Fla. 1 st DCA 2007) (Allegations of impermissible favoritism were sufficient to state a cause of action challenging county's award of contract to another contractor in Request for Proposals process.) B. Coastal Waste & Recycling Was Improperly Excluded from BAFO Round The Committee's initial scores after the second meeting, when Coastal Waste & Recycling and WM had tied scores, should have been sent directly to the Solid Waste Disposal District Board of Commissioners ("Board") for the Board to make its final decision. It is unreasonable not to provide the Board with the initial scores given the tie between the vendors. It is even more unreasonable to uphold the process when contrary to the County's Purchasing Manual, the Committee improperly allowed the changing of scores based on flawed or no reasoning that resulted in the unfair second rankings. III. Conclusions and Request For Relief Local governmental agencies must evaluate proposals consistent with the terms of the solicitation. "While a public authority has wide discretion in award of contracts for public works on competitive bids, such discretion must be exercised based upon clearly defined criteria, and may not be exercised arbitrarily or capriciously." City of Sweetwater v. Solo Const. Corp., 823 So. 2d 798, 802 (Fla. 3d DCA 2002). To award this contract to WM is contrary to the terms of this solicitation and the fundamental fairness clearly established in Florida law. Furthermore, this solicitation provided clearly defined mandates that the County must follow in executing the procurement process, but as detailed above, the County was outside the parameters of those directives. Therefore, as a matter of law and public policy, the County should use the broad discretion afforded to it under Florida law to rescind the Recommendation of Award and either direct a new BAFO that includes Coastal Waste & Recycling or provide such other relief deemed just and equitable. Sincerely, Shutts & Bowen LLP do* Joseph M. Goldstein shutts.eom I FORT LAUDERDALE I JACKSONVILLE I MIAMI I ORLANDO I SARASOTA I TALLAHASSEE I TAMPA I WEST PALM 112" May 22, 2024 Page 5 cc: William K. DeBraal, County Attorney (bdebraalaindianriver.gov) Susan Prado, Deputy County Attorney (sprado66rc ov.com) Commissioner Susan Adams (sadams(&irc ov.com) Matthew Cowan, General Counsel (mcowanAcoastalwasteinc.com) Event Date Advertised Issued November zaa Proposals Due by ... : February t% 2o24 Initial Committee 1March 8, 2024 Ranking Meeting Committee Reconvenes April 1, 2024 to review clarification AboUt the RFP responses and re-rank BCC Approves Final April 24, 2024 Ranking and AT---+, -+: -- /V A Un —41. Zp�- i 06/18/2024 Item 15.6.3. FCC's assertions and staff's response • Committee Changed its ranking after the identities of the ranked proposals were made public: The identities were never hidden from the committee members • Staff did not consider reductions in service that Waste Management will implement to reach the Best and Final Offer: Offer to submit BAFO stated "all previous submissions by the Proposer in response to the RFP remain as is" • BAFO process and the release of original price proposals allowed Waste Management to undercut FCC's price: Price proposals became public record 30 days after receipt, per statute (March 22, 2024), and staff could not legally withhold. • Offers to WM and FCC to submit BAFOs violated BCC direction: Board approved staff recommendation to "pursue simultaneous negotiations with the top two firms of FCC Environmental Services of Florida, Inc. and Waste Management, Inc. of Florida to obtain their `Best and Final Offer' for that option" • Staff's recommendation to the Board for May 21, 2024 was misleading: Content of staff report is not a procedural issue, and not reviewed FCC's appeal • Board is asked to hear FCC's appeal • Uphold or deny • If appeal is upheld, provide direction to staff. FCC's requests for remedy: • Cancel award to WM and reissue RFP, or • Issue a new request for BAFO to allow proper and fair negotiations Z�I - 2 06/18/2024 Item 15.6.3. Coastal's assertions and staff s response • The second committee meeting was not authorized in the RFP, except as interviews: RFP requires the committee to develop a final ranking of firms. The committee requested clarification from all five firms after the first meeting, and then met to consider re - ranking. RFP instructions and Purchasing Manual do not require a specific quantity of meetings. • The tie for second rank, Service Option 3 at the second committee meeting was improperly broken, because total points were not utilized: RFP process states committee members may change their ranldne of firms (after the initial ranking based on individual scoring is complete), and does not state or suggest that scoring (points) be re- assessed per the original scoring categories. • The Director of Utility Services was improperly influenced by Purchasing and SWDD to change his ranking: Stated Waste Management's proposal was "overall and consistently" better than Coastal's before changing his ranking to place WM over FCC. • Coastal should have been included in the BAFO round, and not excluded because of the broken tie: The method of selection in RFP allows modification of ranking by individual committee members to facilitate satisfaction of the committee with the ranking. Coastal's appeal • Board is asked to hear Coastal's appeal • Uphold or deny • If appeal is upheld, provide direction to staff. Coastal's requests for remedy: • Cancel award to WM and reissue RFP, or • Issue a new request for BAFO to include Coastal, or • Provide such other relief deemed just and equitable 2._J I - 3