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07/02/2024 (3)
ORWi BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, JULY 2, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 180127th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS Susan Adams, District 1, Chairman John A. Titkanich, Jr., County Administrator Joseph Flescher, District 2, Vice Chairman William K. DeBraal, County Attorney Joseph H. Earman, District 3 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Minister Jack White, Gifford Church of Christ 3. PLEDGE OF ALLEGIANCE Commissioner Joseph E. Flescher, Vice Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Proclamation Honoring Blake Alan Bartholomew On His Retirement From Indian River County Department of Emergency Services Fire Rescue Division Attachments: Proclamation 5.B. Proclamation Declaring July 20-28, 2024 Treasure Coast Waterway Cleanup Week in Indian River County, Florida Attachments: Proclamation 5.C. Proclamation Recognizing July as Bebe Moore Campbell National Minority Mental Health Awareness Month Attachments: Proclamation July 2, 2024 Page 1 of 9 6. APPROVAL OF MINUTES 6.A. Regular Meeting of May 07, 2024 6.B. Regular Meeting of May 21, 2024 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Event Calendar Attachments: Staff Report 7.B. Letter of Intent for Boat US Foundation Abandoned and Derelict Vessel (ADV) Removal Grant Attachments: Staff Report 8. CONSENT AGENDA 8.A. Checks and Electronic Payments May 17, 2024 to May 23, 2024 Attachments: Comptroller Division Staff Report 8.B. Checks and Electronic Payments May 24, 2024 to May 30, 2024 Attachments: Comptroller Division Staff Report 8.C. Checks and Electronic Payments May 31, 2024 to June 6, 2024 Attachments: Comptroller Division Staff Report 8.D. Report of the List of Errors, Insolvencies, Double Assessments and Discounts for the 2023 tax roll Attachments: IRC Tax Collector Memo 2023 Tax Roll Recap 8.E. Annual HUD Grant Renewal for Continuum of Care (CoC) Program Attachments: Staff Report Award Letter 8.F. Drainage Easement Agreement for 11th Drive Attachments: Staff Report Aerial photo of 11 th Drive Drainage Easement Agreement for 11 th Drive 8.G. Termination and Release of Easement Attachments: CQCC Jackson Bros Easement termination bcc memo 1997 Easement Aerial photo of the area Termination and Release of Easement July 2, 2024 Page 2 of 9 8.H. Request from Positive Mobility, Inc., dba Elite Medical Response for a Class `B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County, and a Class "C" Non -Emergency Inter -Facility Transports Requiring a Physician's Order. Attachments: Staff Report COPCN Application Elite Medical Response Class D Objection Letters Certificate 8.I. Acceptance and Approval of Expenditures for Emergency Management Preparedness Assistance (EMPA) State -Funded Subgrant Agreement (Agreement # A0435). Attachments: Staff Report Grant Agreement IRC Grant Form 8.1 Release of Retainage for Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project (IRC -2315) Attachments: Staff Report Sector 3 Pay App No 2315-6 Change Order No. 2315-2 8.K. Approval to Submit an FWC Bulk Derelict Vessel Removal Grant Application Attachments: Staff Report FWC Bulk DV Grant July 2024 8.L. Amendment No. 3 - FDEP Grant Agreement No. 19182 (Indian River County Hurricane Irma Recovery Project (Sector 7 Beach and Dune Restoration)) Attachments: Staff Report Amendment No 3 to LGFR 191R2 8.M. Designation of Excess Equipment as Surplus and Authorization for Disposal Attachments: Staff Report Excess List for 070224 8.N. Second Extension to Agreements for Annual Sewer Services (BID 2020045) Attachments: Staff Report Hinterland Second Extension Meeks Second Extension South East Second Extension Staff Report from 5.2.2023 July 2, 2024 Page 3 of 9 8.0. Request for Ratification of the Florida Department of Law Enforcement FY23 Edward Byme Memorial Justice Assistance Grant (JAG) Program Attachments: Staff Report FY23 JAGC Certificate of Participation FY23 JAGC Allocation 8.P. Phase II Agreements for Emergency Operations Center Expansion (RFQ 2022062) Attachments: Staff Report Phase II - EOC Agreement Phase II - Warehouse Agreement 8.Q. First Amendment to Fairgrounds Ag Pavilion Roof Coating Agreement Attachments: Staff Report First Amendment 8.R. Waiver of Bid Requirement and Approval of Agreement for Landfill Gas Flare Station and Piping Attachments: Staff Report Agreement for LFG Flare and Piping Old Draft - Replaced 6/25 Agreement for LFG Flare and Piping Agreement - Redline 062524 8.S. Additional Authorization for County Administrator to Approve Change Orders to Agreement for Fire Station 11 Remodel Attachments: Staff Report 8.T. Work Order Number 5, Continuing Engineering Services RFQ202315 -Fairgrounds Mobile Office Building Attachments: Staff Report Work Order 5, Bowman 8.U. Final Payment of the 90 -Day Maintenance Period for Bid 2023063 for the Hallstrom Farmstead Habitat Enhancement & Parking Area Planting Attachments: Staff Report Sandhill Invoice #3580 8.V. Safe Streets and Roads for All (SS4A) Grant Agreement Attachments: Staff Report Grant Agreement July 2, 2024 Page 4 of 9 8.W. Meritage Homes of Florida, Inc.'s Request for Final Plat Approval for Hampton Park PD Phase 1 [PD -21-04-04 / 2004040192-94780] Attachments: Staff Report Location Map Final Plat Layout 8.X. Agreement for Traffic Signal Maintenance and Repair for Orchid Island Golf and Beach Community Association, Inc., Intersection of Highway AIA and Orchid Island Drive Attachments: Staff Report Agreement - Orchid Island 8.Y. Work Order No. 14, Kimley-Horn & Associates, Inc., 43rd Avenue Pedestrian and Bicycle Access Improvements from 12th Street to 18th Street (IRC -1818) Attachments: Staff Report Work Order No. 14 8.Z. Work Order 5 to AtkinsRealis USA for Collection System Action Plan, IRCDUS Project ID PID 21.24.51 Attachments: Staff Report AtkinsRealis WO 05 Action Plan - DRAFT 8.AA. West Wabasso Phase 3 Septic to Sewer (S2S) FDEP Cost -Share Funding Agreement (DEP Agreement No. WG001) Revision to Change Order No. 1 Attachments: Staff Report Revision to Change Order No.1 8.AB. Resolution Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the Time Frame of July 11, 2024, through and including August 19, 2024 Attachments: Staff Report Proposed Resolution 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS July 2, 2024 Page 5 of 9 10.A.1. FY 2024 Grant Application for Capital and Operating Assistance (Section 5307) and Bus Replacement (Section 5339) from the Federal Transit Administration [Administrative] Attachments: Staff Report Authorizing Resolution FTA Grant Application Grant Budget Form B. PUBLIC DISCUSSION ITEMS 10.B.1. Request to Speak from Bill Rigby re: RFP Policies Attachments: Request to Speak B. Rigby C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. Strategic Plan - Proposed County Mission Statement and Core Values Attachments: Staff Report Strategic Plan 12. DEPARTMENTAL MATTERS A. Community Services 12.A.1. Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 24/25 Attachments: Staff Report CSAC Program Funding Requests FY25 Funding Recommendation Presentation Request For Proposal Grant Proposal Eval Rubric B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation H. Planning and Development Services I. Public Works July 2, 2024 Page 6 of 9 12.I.1. 8550 Jungle Trail Waiver Request to Floodplain Cut and Fill Balance Requirements, Indian River County Project No. 96010145 Attachments: Staff Report Exhibit A - Location Map Exhibit AA - Location Map (Aerial) Exhibit B - Grading Plan Exhibit C - 100 Year Floodplain Location Exhibit D - 10 Year Floodplain Location Exhibit E - 100 -YR 10 -YR Compensatory Calculations Exhibit F - 100 Year Hardship Example Exhibit G - Rise Exhibit J. Utilities Services 12.11. Announce Public Workshop and Schedule Public Hearing for Fee and Rate Modification associated with the Indian River County Department of Utility Services Attachments: Staff Report 12.12. 4230 20th Avenue - Bad Debt Write Off of Utility Account (1050798/029174) and Future Continuation of Service Attachments: Staff Report Current Billing 13. COUNTY ATTORNEY MATTERS 13.A. Referendum for Amendment to Tourist Development Tax Attachments: Staff Report Proposed Resolution 13.11. 74th Avenue Property Exchange Attachments: Staff Report Sketch of 74th Avenue Property Exchange Agreement Resolution 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar July 2, 2024 Page 7 of 9 E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of SWDD Special Call Meeting Minutes of April 24, 2024 15.B.2. Approval of SWDD Meeting Minutes of May 07, 2024 15.B.3. Approval of SWDD Meeting Minutes of May 21, 2024 15.B.4. Approval of FY 2025 Annual Adjustment Requests by Waste Management, Atlas Organics, and Indian River Sustainability Center Attachments: Staff Report Rate adjustment Letter from Waste Management Rate adjustment Letter from Atlas Rate adjustment Letter from IRSC 15.11.5. Work Order No. 12 to Kimley-Horn for Various Landfill Improvement Projects Attachments: Staff Report KHA Work Order No 12 15.B.6. Approval of Solid Waste and Recyclables Collection Franchise Agreement between SWDD and Waste Management, Inc. of Florida Attachments: Staff Report Franchise Agreement with WM C. Environmental Control Board 16. ADJOURNMENT July 2, 2024 Page 8 of 9 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.gov The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6. 00p.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. July 2, 2024 Page 9 of 9 Proclamation HONORING BLAKE ALAN BARTHOLOMEW ON HIS RETIREMENT FROM INDIAN RIVER COUNTY DEPARTMENT OF EMERGENCY SERVICES FIRE RESCUE DIVISION Whereas, Engineer Blake Bartholomew began his career with Indian River County Fire Rescue on July 24, 1989 when he was hired by the Emergency Medical Services (EMS) Department as a Paramedic; and -Whereas, on October 19, 2007, due to the consolidation of the EMS and Fire Departments, Blake earned his State Firefighting Certification resulting in his promotion November 2, 2007, to Firemedic; and 'Whereas, on May 29, 2015, he was promoted to Engineer and found his calling specializing in Aircraft Rescue and Firefighting (ARFF) becoming one of the few designated Engineers for the Airport Crash Truck in which position he continued until his retirement on July 30, 2024; and, -Whereas, Blake was chosen by his peers and leadership to be honored with the Engineer of the Year Award for 2023 to 2024; and Whereas, throughout his 35 -year career, Blake was praised by Fire Rescue command, his fellow crew members and the community for his advanced knowledge of Emergency Medicine during incidents, while teaching college students, mentoring new hires; and -Whereas, Blake's decade of volunteering as the Coordinator and Vice President of the Indian River County Big Heart Brigade garnered even more praise for providing thousands of Thanksgiving turkey dinners to residents in need; and Notiv, urherefore, be it Proclaimed by the Board of County Commissioners of Indian River County, FCorida, that the Board is grateful to Blake Bartholomew for his thirty-five years of unwavering service, commitment and dedication to his profession, his peers, and the citizens of Indian River County. Be It Further Proclaimed that the Board of County Commissioners and staff extend heartfelt wishes for success in her future endeavors! Adopted this 2nd day of July 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Proclamation DECLARING JULY 20-28, 2024 TREASURE COAST WATERWAY CLEANUP WEEK IN INDIAN RIVER COUNTY, FLORIDA -Whereas, the Marine Industries Association of the Treasure Coast, Inc., and the Florida Inland Navigation District (FIND) are deeply concerned with keeping Treasure Coast waterways clean for all to enjoy; and -Whereas, the 17th Annual Treasure Coast Waterway Cleanup will be held on Saturday, July 27, 2024, from 8:00 AM to 12:30 PM; and -Whereas, over 1,200 volunteers, as well as numerous waterfront homeowner associations, will participate in cleaning up our waterways; and Whereas, since these efforts began, over 100 tons of trash have been collected from approximately 125 miles of waterways along the Treasure Coast, and the sustainability of our waterways is dependent upon efforts such as this so future generations may also appreciate and enjoy them. Now, 71herefore, be it Proclaimed" by the Board of County Commissioners of In&.tan River County, Florida, that the Board declares July 20 — 28, 2024 as Treasure Coast Waterway Cleanup Week in Indian River County and encourages all citizens to participate in this important event and commends the sponsors and volunteers, whose contributions to this effort are critical to its success. Adopted this 2nd day of July 2024. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss Proclamation RECOGNIZING JULY AS BEBE MOORE CAMPBELL NATIONAL MINORITY MENTAL HEALTH AWARNESS MONTH ^Whereas, Zeta Phi Beta Sorority, Inc., an international community service organization founded on January 18, 1920, on the campus of Howard University in Washington, D.C., promoting scholarship, service, and sisterhood, and -Whereas, in May 2023, Zeta Phi Beta Sorority, Inc. and Mental Health America announced a partnership to broaden mental health resources by providing the Mental Health America National Screening and Prevention Program to Black, Indigenous, and people of color (BIPOC) communities; and -Whereas, mental illness is an essential part of overall health affecting more than 50 million Americans, and it is vital that everyone has equal access to screening treatment, and information providing them choice over their care decisions; and -Whereas, a sense of belonging and inclusion is vital for the well-being and mental health of BIPOC ! individuals, and community -led spaces such as cultural hubs, are sources of belonging that promote overall mental health and wellness, by providing areas where people of specific cultural backgrounds can come together to provide services and connect with one another; and -Whereas, connection with one's culture and community is key to supporting overall mental health, and individuals who have strong connections to their communities have better mental health outcomes, including lower rates of suicide, violence, and feelings of isolation; and -Whereas, National Minority Health Awareness Month was founded in 2008, in honor of Bebe Moore Campbell, mental health advocate, with the goal of creating mental health awareness and eliminating stigma among diverse communities. Now, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that July 2024 be recognized as Bebe Moore Campbell National Minority Mental Health Awareness Month in Indian River County, and call upon its citizens, to increase awareness and understanding of BIPOC mental health, and the need for appropriate and accessible services for all BIPOC people with mental health conditions. Adopted this 2nd day of July 2024. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss Indian River County Venue Event Calendar —July 2024 For more www.indianriver.Kov AQUATIC FACILITIES OPEN DAILY! Open daily through Sunday, August 11 @ North County and Gifford Aquatic Centers • Cost varies by facility. ➢ All ages welcome! Children 12 & under must have parental supervision. Children 13-17 must have a waiver on file to use the facility without parental supervision. ➢ For more information including amenities, rates, and hours of operation visit us online at www.indianriver.gov/aquatics. ADVENTURE BEGINS: SUMMER READING CHALLENGE, EVENTS, & ACTIVITIES Monday -Friday through July 26 @ your Library! • FREE! ➢ Open to children, young adults, and teens. ➢ Summer is no time to be humble. We want you to keep reading all summer long and BRAG about it! For every 100 minutes of reading, you'll earn a different brag tag. How many can you collect this summer? If you would like to participate, pick up your Summer Reading Challenge packet at any Children's Desk, any branch. The packet includes a reading log, stickers, bag, and bookmark. Check socials and our website for a comprehensive list of activities and events at all branches. RECREATION AND CONSERVATION HIKING CLUB-IRL GREENWAY 1.5 MILES Monday, July 1 @ Indian River Lagoon Greenway • 8:30am-10:00am. FREE! ➢ Ages S & older. ➢ These free interactive events have something for all levels of hiker. Prefer a fast -paced hike? Cruis along with Recreation Leader Sarah. Want to take your time and learn about the habitat? Meander through the area with Environmental Educator Olivia. Cover miles of trails and gain knowledge as you go! Hikers reaching milestones are eligible to receive prizes! ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. LITTLE EXPLORERES: CAMOUFLAGING CRITTERS Wednesday, July 3 @ iG Center • 10:00am-11:00am. FREE! ➢ Open to preschool and early elementary school children. ➢ Don't hide your creativity! Bring your little explorers down to the Intergenerational Center to learn about the many types of camouflage critters can display! Staff will lead children as they learn about camouflage adaptations and the animals that use camouflage!.This free event includes story time, camo craft, and game. 4 ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. CHILDREN'S TALENT SHOW Friday, July 5 @ Main Library • 10:30am. FREE! ➢ Ages 5-12. ➢ Stepping foot on the stage can be every bit as much of an adventure as hiking in the woods or sailing the ocean through the pages of a book. If you have a special talent, we want to see it! Sign up is in progress. FREE tickets are required and available 30 minutes prior to the event. ➢ For more information or to register, contact Patti Fuchs @ 772-400-6318 or pfuchs@indianriver.gov. DIY SWEETS: CANDY SUSHI Friday, July 5 @ Brackett Library • 3:00pm. FREE! ➢ Ages 13-18. ➢ Create your own edible sushi out of candy and other sweet treats. All materials will be provided. ➢ For more information, email the young adult librarian at glee@indianriver.gov. BUTTERFLIES OF INDIAN RIVER COUNTY - LECTURE Wednesday, July 10 @ iG Center • 12:00pm-1:00pm. FREE! ➢ Ages 5 & older. ➢ Have you ever wondered what kind of butterfly is darting through your yard or local park? Do you s want to know what you can do to bring these jewels of the insect world to your yard? Come and learn from naturalists Dee and David Simpson about our butterflies: who they are, what you can d� to help them, and how to attract them. ➢ RSVP to Olivia Roddenberry at oroddenberry@indianriver.gov or 772-226-1780. SINGING BOWLS Thursday, July 11 & August 8 @ iG Center • 7:00pm. Cost $25. ➢ All ages welcome. ➢ Relax, meditate, unwind, and reduce stress while feeling the healing sounds of Tibetan Singing Bowls. Sit or bring your mat, pillow, or blanket while experiencing the energy of soothing vibrations. ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. MENESTRELLI CIRCUS DOGS Friday, July 12 @ Main Library • 10:30am. FREE! ➢ All ages welcome. ➢ Internationally renowned, and performing throughout Florida, the Menestrelli Circus Dogs are trained athletes and consummate performers. Watch them somersault, climb stairs and perform other tricks uniquely designed to showcase their intelligence and prowess. This is a FREE, ticketed event and tickets are available thirty minutes prior to the show. ➢ For more information contact Ms. Patti at 772-400-6318 or pfuchs@indianriver.gov. BUTTERFLIES OF INDIAN RIVER COUNTY - HIKE Saturday July 13 @ Jones' Pier Conservation Area • 8:30am-10:00am. FREE! ➢ Ages 5 & older. ➢ Summers in Florida can be quite hot, but it is a great time to get out and see wildflowers and the insects that come to pollinate them. Come out to Jones Pier Conservation Area where Dee and David Simpson will guide you through the native plantings, pointing out the variety of species of butterflies and perhaps other insects attracted. ➢ RSVP to Olivia Roddenberry at oroddenberry@indianriver.gov or 772-226-1780. JR. LIFEGUARD PROGRAM Monday -Thursday, July 15-26 @ Gifford Aquatic Center • 9:00am-4:00pm. $150.00. ➢ Ages 12-14 years. ➢ This is a fun and educational class introducing lifeguarding skills. Participants will be involved in interactive activities such as rescues, CPR/First Aid, and personal safety activities. ➢ For more information contact Heather at 772-226-1747 or to register visit us at www.indianriver.gov/parksandrecreation. PICKLEBALL CAMP Monday -Friday, July 15-19 @ iG Center • 8:30am-10:30am. Cost $50 per person. ➢ Ages 9-13 years. ➢ Looking for something fun to do this summer? This fun camp is an exciting introduction to pickleball for kids who love being active and trying new things. Campers will be taught fundamentals in a friendly and supportive environment to work on learning or improving their skills. ➢ Contact us at 772-226-1780 for more information or register online at www.indianriver.gov/parksandrecreation. RECREATION AND CONSERVATION HIKING CLUB -NORTH SEBASTIAN (1 MILE) Saturday, July 20 @ North Sebastian Conservation Area • 8:30am-10:00am. FREE! ➢ Ages 5 & older. ➢ These free interactive events have something for all levels of hiker. Prefer a fast -paced hike? Cruise, along with Recreation Leader Sarah. Want to take your time and learn about the habitat? Meander, through the area with Environmental Educator Olivia. Cover miles of trails and gain knowledge as j you go! Hikers reaching milestones are eligible to receive prizes! ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. T ADVENTURE SERIES Tuesdays through July 23 @ Marian Fell Library • 2:OOpm. FREE! ➢ Grades 1-5. ➢ It's adventure time at Marian Fell Library. Join us Tuesdays, June 4 - July 23 at 2pm to celebrate Summer Reading - intended for first through fifth graders. Activities include s'mores in a solar oven, navigation, water safety, art and building projects and more. ➢ Contact Ms. Patti for details 772-400-6318 or pfuchs@indianriver.gov. ANIME FILM CLUB Wednesday, July 24 @ North County Library • 10:30am. FREE! ➢ Ages 12-18 years. ➢ Anime Film Club presents: Jujutsu Kaisen 0 (PG -13). The film will be shown in Japanese dubbed wit III English subtitles. High school student, Yuta, suffers from being frequently bullied. After an incident :i caused by an extremely powerful cursed spirit, Yuta is transferred to the Tokyo Prefectural Jujutsu High School. ➢ For more information, email the young adult librarian at glee@ indianriver.gov. AMAZING STANLEY THE MAGICIAN Thursday, July 25 @ North County Library • 10:30am. FREE! ➢ All ages welcome. ➢ Don't miss this fun, comedy magic show that will entertain the whole family. Tickets required. Tickets are available 30 minutes prior to the event. ➢ For more information contact Patti Fuchs at 772-400-6318 or pfuchs@indianriver.gov. MONDAY MATINEE MOVIE Monday, July 29 @ Brackett Library • 3:OOpm. FREE! ➢ Ages 18 & older. ➢ Join us for popcorn and blockbuster hits for adults! No registration is required. ➢ For more information contact Hollie at 772-400-6366 or email hmcdougall@indianriver.gov. KARAOKE GLOW PARTY Tuesday, July 30 @ Main Library • 1:OOpm. FREE! ➢ Ages 13-18 years. ➢ Step into a neon wonderland at our Karaoke Glow Party—the ultimate summer send-off! Shine bright under UV black lights and belt out your favorite tunes. Make memories that'll glow long after; the party ends. ➢ For more information, email the young adult librarian at glee@indianriver.gov. 7 SHRINKY DINK KEY CHAIN WORKSHOP Wednesday, July 31 @ Gifford Library • 3:OOpm. FREE! ➢ Ages 6-12. ➢ Join us for a fun Shrinky Dink Workshop. Registration is not required. ➢ For more information contact Patti Fuchs at 772-400-6318 or pfuchs@indianriver.gov. LIFEGUARD INSTRUCTOR CERTIFICATION CLASS Mondays, August 12, 19 & 26 @ Gifford Aquatic Center • 9:OOam-5:OOpm. $400.00. ➢ Ages 17 & older. ➢ The American Red Cross Lifeguard Instructor Certification Class is designed to train instructors to teach basic -level Red Cross Lifeguarding Courses. ➢ For more information call 772-226-1175 or to register visit us at www.indianriver.gov/parksandrecreation. FUJI BJJ BRAZILLIAN JIA JITSU GRAPPLING MATCHES Saturday, August 17 @ IRC Fairgrounds • Saturday, 8:OOam-7:OOpm. Cost $20. ➢ All ages welcome! ➢ Fuji Bjj presents the Port Lucie Summer Championship! ➢ For more information visit fujibjj.com. TRIATHLON SWIM CLINIC Sunday, August 25 -December 1 @ Gifford Aquatic Center • Times vary. FREE! ➢ Ages 6-13. ➢ Join us for this exciting free swim clinic open to participants registered for the Rotary of Vero Beach 2nd Annual Kids Triathlon. Swim level evaluations will be held Sunday, August 18 at 2:30pm. ➢ For more information call 772-226-1175. 100 MILE SWIMCLUB Daily @ North County and Gifford Aquatic Centers ➢ All ages are welcome. ➢ Get started by setting a personal goal, whether you want to swim 5 miles or 500. Sign up all year long by visiting our aquatics desk. Annual membership $10.00 for local tracking, (laps swam at North County or Gifford Aquatics pool) or 15.00 for Global tracking, (laps swam anywhere) valid January -December. ➢ All participants reaching the 100 miles will receive a yearly certificate indicating the total miles swam and be invited to the end of the year potluck and recognition ceremony. ➢ Swimmers who swim 100 miles at North County and Gifford Aquatic Centers, within the year, will receive an exclusive 100 Mile Swim Club T-shirt. ADULT OPEN GYM BASKETBALL Tuesday and Thursday @ iG Center • 8:30am-12:OOpm. Cost $3. ➢ Adults 18 & older. ➢ Time where the gymnasium is available to adults to practice skills, shoot hoops, and play pick- up games. ➢ Call 772-226-1780 for more information and to confirm open gym dates. AQUAFIT Tuesday and Thursday @ North County Aquatic Center • 9:30am-10:30am. Cost $4 (or 8 class pass $28). ➢ All ages are welcome. ➢ Move along to music as you perform instructor -guided moves designed to improve cardiovascular function, increase core strength, develop better, and burn calories. Let's make the water work for you. Flotation belts and water barbells are available at no charge. ➢ For more information, contact the North County Aquatic Center 772-226-1752. ARCHERY101 Last Sunday @ IRC Shooting Range • 9:OOam-11:OOam. Cost $60. ➢ Archery 101 is an introduction to archery. Upon completion of the course, you will have a basic understanding of Archery and an increased sense of confidence heading out to the Archery Range or wooded Archery Course. ➢ Contact us at 772-226-3096 for more information or register online at www.indianriver.gov/parksandrecreation. BOARD GAMES Thursday @ iG Center • 1:OOpm-4:OOpm. Cost $1. ➢ Ages 18 & older. ➢ Join us for a fun -filled afternoon playing some of our favorite board games! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. BRIDGE CLASS Thursday @ iG Center • 4:OOpm-6:OOpm. Cost $3. ➢ Ages 15 & older. ➢ This informal Bridge Class is designed for beginner to intermediate players. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. CARDIO -BOXING Thursday @ iG Center • 6:OOpm-7:OOpm. Cost $20 for a 6 -week session or $5 per class drop-in. ➢ Ages 13 & older. ➢ Cardio -Boxing is a great way to tone up and improve coordination while burning calories! Emphasis is placed on cardiovascular movements and drills. This beginner friendly class provides an excellent work out for all fitness levels and modifications are available when needed. Please note there is no 9 sparing in this class, the boxing aspect includes: bag work, shadow boxing, foot work, and punching form. No Class 7/4. Instructor: Ben F. ➢ For more information contact 772-226-1780 or register online today at www.indianriver.gov/parksandrecreation. COLORING & COFFEE Tuesday @ iG Center • 9:00am-10:00am. Cost $1. ➢ Ages 18 & older. ➢ Looking for a way to unwind and reduce stress? Join us for a morning of relaxation through coloring. Materials provided. ➢ For more information call 772-226-1780. COUNTRY LINE DANCING Tuesday @ iG Center • 6:30pm-7:30pm. Cost $3. ➢ Ages 14 & older. ➢ Join us for a fun evening of Country Line Dancing! Instruction and lessons provided. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. GENTLE CHAIR YOGA Tuesday & Thursday @ iG Center • Monday, 10:30am-11:30am; Tuesday and Thursday, 12:00pm-1:00pm. Cost $5. ➢ All ages welcome! ➢ Designed to improve flexibility and strengthen muscles while using a chair for support. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. GIFFORD TENNIS: BABY BALLERS Tuesday & Thursday @ Victor Hart Sr. Community Enhancement Park Tennis Courts • 4:45-5:45pm & 5:45-6:45pm. FREE! ➢ Ages 6-10. ➢ Are you ready to ball? We know that tennis can be a little complicated but with the help of our well-trained volunteer staff our Baby Ballers will have the chance to learn just how exciting tennis is! This program will teach the fundamentals of tennis including maintaining a rally, proper positioning, score keeping, and more! ➢ For more information call 772-226-1780 or register at www.indianriver.gov/parksandrecreation. HANDGUN 101 Last Sunday @ IRC Shooting Range • 9:O0am-2:00pm. Cost $100. ➢ Handgun 101 is a complete guide to understanding the basics of firearm ownership, safety, nomenclature and how it applies to self-defense. This course is taught by ah NRA Certified Instructor. Upon successful completion participants will receive a training certificate that may be submitted to the State of Florida as proof of training if applying for a CCWP: ➢ Contact us at 772-226-3096 for more information or register online at www.indianriver.gov/parksandrecreation. 10 HEALTHIER YOU WEDNESDAYS Third Wednesday, @ iG Center • 11:00am-12:00pm. FREE! ➢ All ages welcome. ➢ Join Nutrition Educator Amanda Trott to learn the importance of healthy food choices and how to live a healthier, more nutritious lifestyle. ➢ For more information call 772-226-1780. HOMESCHOOL PE Tuesday @ iG Center • 3:00pm-4:00pm. Cost $3. ➢ Ages 4-10 years. Limited spots please register. ➢ A great chance for children to exercise and make new friends. Teaching children valuable life skills such as teamwork, fairness, and good sportsmanship. ➢ Go to www.indianriver.gov/parksandrecreation to register or call: 772-226-1780. MAHJONG Tuesday and Thursday @ iG Center • 10:00am-1:00pm. Cost $2. ➢ Ages 18 & older. ➢ Tile sets are provided as you play in groups of 3-4. Please bring your own Mahjong card. For information regarding Mah Jongg instruction call 772-226-1780. ➢ Go to www.indianriver.gov/parksandrecreation to register. MAT PILATES Tuesday and Thursday @ iG Center • 9:15am-10:15am. Cost $12. ➢ All ages welcome. ➢ Exercises are structured using special equipment designed to improve strength, flexibility, posture and enhance mental awareness. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. MUSIC BINGO 4th Thursday of the Month @ IRC Parks Office • 2:00pm. FREE! ➢ Ages 55 & older. ➢ Join us on the 4th Thursday of every month for Music Bingo, Bingo with a TWIST! Who sings it, Name that Tune, What's the name of the band, and more! ➢ Contact us at 772-226-1780 for more information or register online at www.indianriver.gov/parksandrecreation. 11 OPEN GYM PICKLEBALL Monday, Wednesday, and Friday @ iG Center • 8:30am-11:30am and 12:OOpm-3:OOpm. Cost $3. Monday -Friday @ iG Center • 12:OOpm-3:OOpm. Cost $3. Saturday @ iG Center • 8:30-11:30pm. Cost $3. ➢ Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. Call 772-226-1780 for more information. PARKOUR Thursdays, June 13 -July 25 @ iG Center • 4:OOpm-5:OOpm. Cost $20 for a 6 -week session or $5 per class drop-in. ➢ Ages 8-12. ➢ Move, run, jump, and roll. In this 6 -week class participants will learn the basics of parkour and ways to maneuver around obstacles in a safe yet thrilling way. No class 7/4. ➢ For more information contact 772-226-1780 or register online today at www.indianriver.gov/parksandrecreation. PICKLEBALL CLASSES — WITH DEREK PRINCE Monday (twice monthly, dates vary) @ iG Recreation Center • 12:30pm-2:OOpm. $30 per class. ➢ Beginner Pickleball Levels I — III / Pickleball Doubles Strategy / Intro to Pickleball. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. PING PONG OPEN PLAY Monday @ iG Center • 5:30pm-8:30pm. Cost $3. ➢ Whether you're a beginner or seasoned pro it's the perfect way to improve your skills, meet new people, and have a blast! Mark your calendar and get ready to unleash your ping pong skills! No registration required! ➢ For more info call us at 772-226-1780. PRE-SCHOOL TUMBLING Friday @ iG Center • 2:30pm and 3:30pm. Cost $20. ➢ Preschool tumbling is a great start for ages 4-5. Children are taught basic tumbling skills such as forwards/backwards rolls, handstands, and cartwheels. Improve self-confidence, basic skills, strength, flexibility, and balance. Spaces are limited! ➢ Space is limited, pre -registration is required. For upcoming session dates or:to register visit www.indianriver.gov/parksandrecreation or call 772-226-1780. QI GONG Tuesday @ iG Center • 10:OOam-11:OOam. Cost $12. _. ➢ No special clothing or equipment required. Standorsit Walk-ins wi lcome leave refreshed, relaxed, and joyful. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. 12 SENIOR WELLNESS: AEROBICS AND WEIGHTS Monday, Wednesday, and Friday @ iG Center -Sponsored by the Florida Blue Foundation • 8:45am-9:45am and 10:00am-11:00am. FREE! Tuesday @ Wabasso Community Center Sponsored by the Florida Blue Foundation • 7:00am-8:00am. FREE! ➢ Special programming for our 55+ community to have social interaction and light exercise activity. Activities can be adapted to ability levels and interests. Walk-ins welcome. ➢ For more information call 772-226-1780. SENIOR WELLNESS: EXERCISE BINGO Wednesdays @ Department of Health-Wabasso Site -Sponsored by the Florida Blue Foundation • 10:30am-11:30am. FREE! ➢ Ages 55 & older. ➢ Get fit and have fun with Exercise Bingo! This summer program is geared for adults ages 55 & older, to improve their health and wellbeing, while enjoying a game of bingo. Participants will engage in simple movement exercises while seated to help increase strength, balance and range of motion. Exercise Bingo is a fun way to increase physical activity and exercise the mind. ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. SENIOR WELLNESS: OFF YOUR ROCKER Fridays @ Gifford Aquatic Center Mondays @ Dept. of Health Wabasso Site -Sponsored by the Florida Blue Foundation • 10:30am-11:30am. FREE! ➢ Ages 55 & older. ➢ Get up off your rocker and head to Chrissy's low impact exercise class! If you aren't crazy about exercising this is the perfect class for you. Enjoy light movement exercises set to music with a few dance moves mixed in! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. SENIOR WELLNESS: ON THE MOVE Thursdays @ IRC Parks Office -Sponsored by the Florida Blue Foundation • 9:30am-10:30am. FREE! ➢ Ages 55 & older. ➢ Move it or lose it! This low impact exercise class is meant to get your blood flowing and increase movement while setting your own pace. Walk-ins welcome. The Parks Office is located at 5500 77th Street. ➢ For more information call us at 772-226-1780. SENIOR WELLNESS: ROCK AND ROLL CARDIO Thursday @ Wabasso Community Center -Sponsored by the Florida Blue Foundation • 7:00am-8:00am. FREE! Thursday @ iG Center Sponsored by the Florida Blue Foundation • 10:30am-11:30am. FREE! ➢ Like our regular Senior Wellness Program for 55 & older but with fun dancing music to spice it up a notch. Walk-ins welcome. ➢ For more information call 772-226-1780. 13 SENIOR WELLNESS: UPBEAT BOXING Tuesday and Thursday @ iG Center -Sponsored by the Florida Blue Foundation • 3:OOpm-4:OOpm. FREE! ➢ Boxing fitness class geared for ages 55 +. Held twice a week to get you out, active and UP -BEAT! Walk-ins welcome. ➢ For more information call 772-226-1780. SENIOR WELLNESS: WALK IN THE PARK Wednesday @ Kiwanis Hobart Park -Sponsored by the Florida Blue Foundation • 9:OOam-9:45am. FREE! ➢ Join us for a stress -free walk among the trees and nature at Kiwanis Hobart Park. Participants will enjoy walking the perimeter trail while getting exercise. Be sure to wear light clothing and bring water. ➢ Call 772-226-1780 for more information or just show up. STRETCH & FLEX Monday, Tuesday, and Thursday @ iG Center • 9:15am-10:15am. Cost $5. ➢ Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. SWIM LESSONS Private and group swimming lessons are available throughout the summer months. • Cost $80 per person for four 25 -minute lessons. • $40 per person per session for group lessons. ➢ Scholarships are available for those who qualify. ➢ For information, call the North County Aquatic Center at772-226-1752 or the Gifford Aquatic Center at 772-226-1175. THURSDAY NIGHT LIGHTS Thursday @ IRC Shooting Range • 5:OOpm-9:OOpm. ➢ We light up the fields for a fun skeet -trap night activity. No registration required. ➢ For more information call 772-226-3096. VETERANS YOGA PROJECT -MINDFUL RESILIENCE Wednesday @ iG Center • 2:OOpm-3:OOpm. FREE! ➢ Led by Certified Yoga Alliance Trainer Danielle Martinez. ➢ Class is open to active and retired military, first responders, their families, caregivers, and anyone looking to support veterans. ➢ Call 772-226-1780 for more information. YOGA-LATES Tuesday and Thursday @ iG Center • 10:30am-11:30am. Cost $8. ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. 14 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM • • • TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Nancy Bunt, Assistant County Administrator FROM: Kylie Yanchula, Natural Resources Director SUBJECT: Letter of Intent for Boat US Foundation Abandoned and Derelict Vessel (ADV) Removal Grant DATE: June 24th, 2024 nFCfRIPT1n1U The BoatUS Foundation was awarded a $10 million grant from The National Oceanic and Atmospheric Administration (NOAA) to administer a competitive grant program for the removal of abandoned and derelict vessels in U.S. coastal waterways. Grants range from $50,000 to $1,000,000. The BoatUS Foundation is seeking Letters of Intent (LOIS) from organizations wishing to apply for grant funds for derelict vessel removal projects. The BoatUS Foundation will review the LOIS and invite organizations with high scoring eligible projects to applyto the grant program. Indian River County currently has two vessels pending Florida Fish and Wildlife Conservation Commission (FWC) Letters of Authorization declaring them as derelict and eligible for removal and disposal. In the event we have an eligible vessel removal project prior to the August 12, 2024, deadline, the Natural Resources Department will submit a LOI to the Boat US Foundation derelict vessel removal grant program. If invited to formally apply, we will request permission to apply through the Board of County Commissioners with additional project details. APPROVED AGENDA ITEM FOR: July 2, 2024 15 7 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: May 23, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 17, 2024 to May 23, 2024 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of May 17, 2024 to May 23, 2024. 16 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 11708 05/17/2024 WIRE KIMLEY HORN & ASSOC INC 1,038.75 11709 05/17/2024 WIRE HUMANE SOCIETY OF VERO BEACH & IRC 46,870.00 11710 05/17/2024 WIRE SENIOR RESOURCE ASSOCIATION 36,610.00 11711 05/17/2024 WIRE IRS -PAYROLL TAXES 5,913.91 11712 05/17/2024 WIRE AMERITAS 22,937.66 11713 05/17/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 726.96 11714 05/17/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 350.66 11715 05/17/2024 WIRE EVERSIDE HEALTH LLC 6,322.96 11716 05/17/2024 WIRE EDH HOLDINGS LLC 1,247.39 11717 05/17/2024 WIRE SCHOOL DISTRICT OF INDIAN RIVER COUNTY 66,346.00 11718 05/20/2024 WIRE MUTUAL OF OMAHA 2,538.75 11719 05/20/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,486.52 11720 05/20/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,380.70 11721 05/20/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 207.96 11722 05/21/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 519.40 11723 05/21/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 436.50 11724 05/22/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,597.33 11725 05/23/2024 WIRE TIMOTHY ROSE CONTRACTING INC 1,122,287.88 11726 05/23/2024 WIRE TIMOTHY ROSE CONTRACTING INC 97,716.24 11727 05/23/2024 WIRE INDIAN RIVER SHORES POLICE DEPT 7,606.54 11728 05/23/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 963.51 11729 05/23/2024 WIRE DICKERSON INFRASTRUCTURE INC 127,139.61 11730 05/23/2024 WIRE EVERSIDE HEALTH LLC 23,965.71 450154 05/23/2024 PRINTED NAEMT 285.00 450155 05/23/2024 PRINTED FLORIDA SURVEYING & MAPPING 270.00 450156 05/23/2024 PRINTED FLORIDA FLOODPLAIN MANAGERS ASSOC 25.00 450157 05/23/2024 PRINTED FLORIDA FLOODPLAIN MANAGERS ASSOC 25.00 450158 05/23/2024 PRINTED FLORIDA FLOODPLAIN MANAGERS ASSOC 25.00 450159 05/23/2024 PRINTED FLORIDA FLOODPLAIN MANAGERS ASSOC 75.00 450160 05/23/2024 PRINTED FLORIDA FLOODPLAIN MANAGERS ASSOC 75.00 450161 05/23/2024 PRINTED FLORIDA FLOODPLAIN MANAGERS ASSOC 75.00 450162 05/23/2024 PRINTED FLORIDA FLOODPLAIN MANAGERS ASSOC 75.00 450163 05/23/2024 PRINTED FLORIDA HOUSING COALITION INC 530.00 450164 05/23/2024 PRINTED KARI CUNDIFF 100.00 450165 05/23/2024 PRINTED MICHAEL COLLINS 41.00 450166 05/23/2024 PRINTED CHELSEA SNYDER 100.00 450167 05/23/2024 PRINTED STACIE MASON 100.00 450168 05/23/2024 PRINTED ELISE KRISS 115.31 450169 05/23/2024 PRINTED ANDREA LAZZARI 448.71 450170 05/23/2024 PRINTED MICAH EANES 100.00 450171 05/23/2024 PRINTED FIRE CHIEFS ASSOCIATION OF BROWARD COUNTY 425.00 450172 05/23/2024 PRINTED GEOSYNTEC CONSULTANTS INC 49,390.68 450173 05/23/2024 PRINTED GEOSYNTEC CONSULTANTS INC 1,914.36 450174 05/23/2024 PRINTED SOUTHERN MANAGEMENT LLC 17,955.00 450175 05/23/2024 PRINTED KESSLER CONSULTING INC 5,675.00 450176 05/23/2024 PRINTED CATHEDRAL CORPORATION 17,700.00 17 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450177 05/23/2024 PRINTED CENTERLINE UTILITIES INC 150,983.02 450178 05/23/2024 PRINTED PROCTOR CONSTRUCTION COMPANY LLC 171,565.58 450179 05/23/2024 PRINTED RYAN INCORPORATED SOUTHERN 291,568.25 450180 05/23/2024 PRINTED ALLEN CONCRETE & MASONRY INC 926.44 450181 05/23/2024 PRINTED SPIEZLE ARCHITECTURAL GROUP INC 6,480.00 450182 05/23/2024 PRINTED SPIEZLE ARCHITECTURAL GROUP INC 4,147.00 450183 05/23/2024 PRINTED REVIZE LLC 2,900.00 450184 05/23/2024 PRINTED ATKINS NORTH AMERICA INC 39,311.99 450185 05/23/2024 PRINTED QCR HOLDINGS INC & SUBSIDIARIES 3,009.16 450186 05/23/2024 PRINTED AT&T MOBILITY 217.27 450187 05/23/2024 PRINTED AT&T MOBILITY 147.92 450188 05/23/2024 PRINTED AT&T MOBILITY 129.69 450189 05/23/2024 PRINTED AT&T MOBILITY 186.76 450190 05/23/2024 PRINTED AT&T MOBILITY 299.50 450191 05/23/2024 PRINTED AT&T MOBILITY 909.85 450192 05/23/2024 PRINTED FLORIDA BLUE 7,681.50 450193 05/23/2024 PRINTED THE PROFESSIONAL GOLFERS 514.00 450194 05/23/2024 PRINTED CELICO PARTNERSHIP 1,356.37 450195 05/23/2024 PRINTED NAPIER & ROLLIN PLLC 415.00 450196 05/23/2024 PRINTED PULTE GROUP INC 180,574.59 450197 05/23/2024 PRINTED AMAZON CAPITAL SERVICES INC 1,179.86 450198 05/23/2024 PRINTED GRBK GHO SUMMER LAKE LLC 19,743.82 450199 05/23/2024 PRINTED WINSUPPLY COMMERCIAL CHARGE 47.52 450200 05/23/2024 PRINTED JORGE COLIN CONCRETE LLC 180.00 450201 05/23/2024 PRINTED ANDREA WASSERMAN 38.75 450202 05/23/2024 PRINTED ANNALEE TALLEY KEEHNER 14.90 450203 05/23/2024 PRINTED BARRY ALEXANDER SIGMON 25.17 450204 05/23/2024 PRINTED BETHANY HAMMOCK 23.34 450205 05/23/2024 PRINTED BIBI ALI 46.60 450206 05/23/2024 PRINTED CHARLES G STRASSER 20.23 450207 05/23/2024 PRINTED CHARLES R DUNCAN 82.40 450208 05/23/2024 PRINTED CHRISTY KRAUSE 43.97 450209 05/23/2024 PRINTED DEAN W PFOUTZ 162.52 450210 05/23/2024 PRINTED ERNEST STEPHENSON 69.47 450211 05/23/2024 PRINTED FOXWOOD DEVELOPMENT LLC 123.56 450212 05/23/2024 PRINTED FRANK AND ROSEMARIE PASCALE 20.67 450213 05/23/2024 PRINTED GARY ANDERSON 8.09 450214 05/23/2024 PRINTED GRBK GHO HIGH POINTE LLC 85.71 450215 05/23/2024 PRINTED GRBK GHO LUCAYA POINTE LLC 36.50 450216 05/23/2024 PRINTED HAMPEL ENTERPRISES INC 20.70 450217 05/23/2024 PRINTED HDZ HOMES LLC 13.65 450218 05/23/2024 PRINTED JAMES BELANGER 41.32 450219 05/23/2024 PRINTED JANICE CLAIRE LABATE 31.16 450220 OS/23/2024 PRINTED JENNIFER CONNOLLY 38.82 450221 05/23/2024 PRINTED JOSEPH P DEGAETANO 4.46 450222 05/23/2024 PRINTED JULIANN CALLOWAY 38.56 18 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450223 05/23/2024 PRINTED JULIE FLEMING 78.27 450224 05/23/2024 PRINTED LAUREN R MEEKS 92.35 450225 05/23/2024 PRINTED LEO DUCHARME 78.95 450226 05/23/2024 PRINTED LINDA NELON 47.08 450227 05/23/2024 PRINTED LUCERO PAYANO 62.85 450228 05/23/2024 PRINTED MARGARETTERRACE 4.80 450229 05/23/2024 PRINTED MARIA MURGUTA MARTINEZ 43.84 450230 05/23/2024 PRINTED MARK MOORE 29.70 450231 05/23/2024 PRINTED MICHAEL VAN LENTE 72.80 450232 05/23/2024 PRINTED MICHELE HENRY 19.54 450233 05/23/2024 PRINTED NAOMI VAN DUNK 37.93 450234 05/23/2024 PRINTED NICHOLAS WENTWORTH 65.91 450235 05/23/2024 PRINTED NIKILA W TURNER 88.89 450236 05/23/2024 PRINTED PATRICIA B BEALS 17.04 450237 05/23/2024 PRINTED PEERAWATSUKTUM 9.47 450238 05/23/2024 PRINTED PEGGY NARDONE 29.91 450239 05/23/2024 PRINTED RICHARD LOVELACE 57.56 450240 05/23/2024 PRINTED RICHARD SPOONER 75.07 450241 05/23/2024 PRINTED ROBERT MEEHAN (TR) 36.29 450242 05/23/2024 PRINTED ROBERT WILD 15.48 450243 05/23/2024 PRINTED SANDRA ORTIZ 46.27 450244 05/23/2024 PRINTED SHEILA R STEINMILLER 85.87 450245 05/23/2024 PRINTED TREASURE COAST HEALTH AND WELLNESS 61.43 450246 05/23/2024 PRINTED VENUS MARRITT 60.67 450247 05/23/2024 PRINTED WILLIAM D WARNOCK 3.33 450248 05/23/2024 PRINTED WILLIAM MATUSZAK 83.76 450249 05/23/2024 PRINTED PORT CONSOLIDATED 9,547.61 450250 05/23/2024 PRINTED SOUTHERN SEWER EQUIPMENT SALES 1,231.66 450251 05/23/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 51.30 450252 05/23/2024 PRINTED E-Z BREW COFFEE & BOTTLE WATER SVC 86.00 450253 05/23/2024 PRINTED INDIAN RIVER BATTERY 106.75 450254 05/23/2024 PRINTED GRAINGER INC 29.94 450255 05/23/2024 PRINTED KELLY TRACTOR CO 6,853.59 450256 05/23/2024 PRINTED SAFETY KLEEN SYSTEMS INC 171.50 450257 05/23/2024 PRINTED GRAYBAR ELECTRIC 414.83 450258 05/23/2024 PRINTED APPLE INDUSTRIAL SUPPLY CO 186.16 450259 05/23/2024 PRINTED BENSONS LOCK SERVICE INC 8.25 450260 05/23/2024 PRINTED MEEKS PLUMBING INC 296.00 450261 05/23/2024 PRINTED BOUND TREE MEDICAL LLC 7,229.90 450262 05/23/2024 PRINTED TIRESOLES OF BROWARD INC 460.00 450263 05/23/2024 PRINTED ELPEX 3,051.66 450264 05/23/2024 PRINTED PARAGON ELECTRIC INC 436.50 450265 05/23/2024 PRINTED CARTER ASSOCIATES INC 950.40 450266 05/23/2024 PRINTED CHILDCARE RESOURCES OF IRC 49,601.54 450267 05/23/2024 PRINTED DELL MARKETING LP 51,642.34 450268 05/23/2024 PRINTED MIDWEST TAPE LLC 303.65 19 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450269 05/23/2024 PRINTED NORTHERN SAFETY CO INC 20.67 450270 05/23/2024 PRINTED GALE/CENGAGE LEARNING 54.00 450271 05/23/2024 PRINTED JIMMYS AIR & REFRIGERATION 324.79 450272 05/23/2024 PRINTED SOUTHERN EMBROIDERY 83.40 450273 05/23/2024 PRINTED SUNSHINE PHYSICAL THERAPY CLINIC 1,925.00 450274 05/23/2024 PRINTED BOYS & GIRLS CLUB OF IRC 10,000.00 450275 05/23/2024 PRINTED INDIAN RIVER COUNTY 1,269.50 450276 05/23/2024 PRINTED INDIAN RIVER COUNTY HEALTH DEPT 300.00 450277 05/23/2024 PRINTED FLORIDA DEPARTMENT OF HEALTH 300.00 450278 05/23/2024 PRINTED CITY OF VERO BEACH 2,840.92 450279 05/23/2024 PRINTED HOME DEPOT CREDIT SERVICES 268.72 450280 05/23/2024 PRINTED FLORIDA DEPT OF TRANSPORTATION 1.45 450281 05/23/2024 PRINTED JANITORIAL DEPOT OF AMERICA INC 187.73 450282 05/23/2024 PRINTED TREASURE COAST HOMELESS SERVICES COUNCIL 13,535.51 450283 05/23/2024 PRINTED BRACKETT FAMILY LIMITED PARTNERSHIP 1,282.00 450284 05/23/2024 PRINTED CLEVELAND GOLF/SRIXON 82.00 450285 05/23/2024 PRINTED FLORIDA POWER AND LIGHT 62,813.05 450286 05/23/2024 PRINTED GIFFORD YOUTH ACHIEVEMENT CENTER INC 22,129.50 450287 05/23/2024 PRINTED NEW HORIZONS 29,379.50 450288 05/23/2024 PRINTED CATHOLIC CHARITIES DIOCESE OF PALM BCH 5,992.36 450289 05/23/2024 PRINTED HIBISCUS CHILDRENS CENTER 2,158.66 450290 05/23/2024 PRINTED TREASURE COAST SPORTS COMMISSION 6,500.10 450291 05/23/2024 PRINTED BUILDING OFFICIALS ASSOC OF FLORIDA 541.33 450292 05/23/2024 PRINTED IRC HEALTHY START COALITION INC 7,583.32 450293 05/23/2024 PRINTED INTERNATIONAL ASSOCIATION OF 600.00 450294 05/23/2024 PRINTED JOHN BROWN & SONS INC 6,500.00 450295 05/23/2024 PRINTED WESTSIDE REPROGRAPHICS INC 48.50 450296 05/23/2024 PRINTED CHILDRENS HOME SOCIETY OF FL 7,609.61 450297 05/23/2024 PRINTED DAVID SPARKS 1,223.00 450298 05/23/2024 PRINTED FORT PIERCE HOUSING AUTHORITY 875.00 450299 05/23/2024 PRINTED FIRESTONE COMPLETE AUTO CARE 2,664.43 450300 05/23/2024 PRINTED ECONOLITE CONTROL PRODUCTS INC 2,037.34 450301 05/23/2024 PRINTED RECHTIEN INTERNATIONAL TRUCKS 941.17 450302 05/23/2024 PRINTED PELICAN ISLAND AUDUBON SOCIETY INC 4,476.84 450303 05/23/2024 PRINTED THE PALMS AT VERO BEACH 2,347.00 450304 05/23/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 383.50 450305 05/23/2024 PRINTED ARTHUR PRUETT 791.00 450306 05/23/2024 PRINTED FLORIDA DEPT OF JUVENILE JUSTICE 45,172.77 450307 05/23/2024 PRINTED SYNAGRO TECHNOLOGIES INC 82,660.75 450308 05/23/2024 PRINTED MICHAEL JAHOLKOWSKI 551.00 450309 05/23/2024 PRINTED SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 17,533.71 450310 05/23/2024 PRINTED GERELCOM INC 9,075.82 450311 05/23/2024 PRINTED RICHARD SCHUTT 954.00 450312 05/23/2024 PRINTED CONSOLIDATED ELECTRIAL DIST INC 119.87 450313 05/23/2024 PRINTED OAK RIVER PROPERTIES INC 2,100.00 450314 05/23/2024 PRINTED PAMELA R CUMMINGS 1,186.00 20 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450315 05/23/2024 PRINTED FLORIDA HOUSING COALITION INC 200.00 450316 05/23/2024 PRINTED HERITAGE VILLAS OF VERO BEACH 730.00 450317 05/23/2024 PRINTED CEMEX 752.64 450318 05/23/2024 PRINTED REDLANDS CHRISTIAN MIGRANT ASSOC 18,575.45 450319 05/23/2024 PRINTED NICOLACE MARKETING INC 5,868.75 450320 05/23/2024 PRINTED SOUTHEAST POWER SYSTEMS OF ORLANDO 1,568.72 450321 05/23/2024 PRINTED FEED THE LAMBS ENRICHMENT PROGRAM INC 3,375.00 450322 05/23/2024 PRINTED OKEECHOBEE PARTNERS LLC 1,264.00 450323 05/23/2024 PRINTED RANGE SERVANT AMERICA INC 2,970.99 450324 05/23/2024 PRINTED FLORIDA ARMATURE WORKS INC 5,404.12 450325 05/23/2024 PRINTED FLORIDA COAST EQUIPMENT INC 154.30 450326 05/23/2024 PRINTED OVERDRIVE INC 1,858.01 450327 05/23/2024 PRINTED MISS INC OF THE TREASURE COAST 941.00 450328 05/23/2024 PRINTED XYLEM WATER SOLUTION USA INC 74,036.90 450329 05/23/2024 PRINTED GFA INTERNATIONAL INC 43,850.00 450330 05/23/2024 PRINTED JSR ENTERPRISES LLC 4,792.54 450331 05/23/2024 PRINTED NEWSOM OIL COMPANY 2,057.50 450332 05/23/2024 PRINTED WILD TURKEY ESTATES OF VERO LLC 551.30 450333 05/23/2024 PRINTED MUNICIPAL EMERGENCY SERVICES INC 2,360.04 450334 05/23/2024 PRINTED STS MAINTAIN SERVICES INC 31,315.81 450335 05/23/2024 PRINTED HAWKINS INC 7,429.00 450336 05/23/2024 PRINTED AUGUSTUS B FORT JR 941.00 450337 05/23/2024 PRINTED H&H SHADOWBROOK LLC 794.00 450338 05/23/2024 PRINTED SITEONE LANDSCAPE SUPPLY LLC 1,923.84 450339 05/23/2024 PRINTED GOTTA GO GREEN 675.83 450340 05/23/2024 PRINTED HYDROMAX USA LLC 18,280.00 450341 05/23/2024 PRINTED RACE TO SAFETY TRAINING LLC 150.00 450342 05/23/2024 PRINTED THE GIFFORD FLORIDA YOUTH ORCHESTRA 3,551.50 450343 05/23/2024 PRINTED WEDGEWOOD RENTALS LLC 858.00 450344 05/23/2024 PRINTED COLE AUTO SUPPLY INC 888.38 450345 05/23/2024 PRINTED KONICA MINOLTA BUSINESS SOLUTIONS 372.23 450346 05/23/2024 PRINTED BETH NOLAN 198.00 450347 05/23/2024 PRINTED ENVIRONMENTAL OPERATING SOLUTION INC 13,351.60 450348 05/23/2024 PRINTED CORE & MAIN LP 16,762.86 450349 05/23/2024 PRINTED BROWNELLS INC 2,316.00 450350 05/23/2024 PRINTED KARL POKRANDT 1,203.00 450351 05/23/2024 PRINTED 1135 17TH PL LLC 3,372.00 450352 05/23/2024 PRINTED HUDSON CONSULTING & MANAGEMENT LLC 766.00 450353 05/23/2024 PRINTED AMAZON CAPITAL SERVICES INC 11,342.81 450354 05/23/2024 PRINTED PACE ANYALYTICAL LLC 680.40 450355 05/23/2024 PRINTED AMERIGAS PROPANE LP 1,895.64 450356 05/23/2024 PRINTED EVERLAST CLIMBING INDUSTRIES INC 215.00 450357 05/23/2024 PRINTED THE HOPE FOR FAMILIES CENTER INC 3,634.62 450358 05/23/2024 PRINTED ITW FOOD EQUIPMENT GROUP LLC 354.00 450359 05/23/2024 PRINTED JORDAN MOWERS 59.95 450360 05/23/2024 PRINTED ALL SUNCOAST ELECTRIC INC 5,447.64 21 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450361 05/23/2024 PRINTED MULLINAX FORD OF VERO BEACH 8,348.66 450362 05/23/2024 PRINTED JUDITH A BURLEY 291.00 450363 05/23/2024 PRINTED SHARON P BRENNAN 1,178.00 450364 05/23/2024 PRINTED R&S RADIO LLC 800.00 450365 05/23/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 634.00 450366 05/23/2024 PRINTED JENNIFER D JAMES 225.00 450367 05/23/2024 PRINTED TREASURE COAST PERCUSSION 150.00 450368 05/23/2024 PRINTED A PLUS PROPERTY MANAGEMENT INC 5,665.00 450369 05/23/2024 PRINTED FERGUSON US HOLDINGS INC 5,160.00 450370 05/23/2024 PRINTED STAPLES INC 365.29 450371 05/23/2024 PRINTED LOWES COMPANIES INC 3,322.79 450372 05/23/2024 PRINTED SMI TRADING LLC 31.55 450373 05/23/2024 PRINTED TOSHIBA AMERICA BUISNESS SOLUTIONS INC 290.50 450374 05/23/2024 PRINTED MILLENNIUM CREMATORY LLC 750.00 450375 05/23/2024 PRINTED BREGO PROPERTIES LLC 861.00 450376 05/23/2024 PRINTED DUSTIN SULLIVAN 200.00 450377 05/23/2024 PRINTED SREIT LEXINGTON CLUB LLC 3,485.00 450378 05/23/2024 PRINTED THEODORE SEMI 295.00 450379 05/23/2024 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 295.00 450380 05/23/2024 PRINTED SOUTH FLORIDA EMERGENCY VEHICLES LLC 1,791.57 450381 05/23/2024 PRINTED J-MAC CLEANING SERVICES INC 433.33 450382 05/23/2024 PRINTED VATLAND CDJR LLC 515.00 450383 05/23/2024 PRINTED TRAILHEAD LABS INC 1,250.00 450384 05/23/2024 PRINTED HIREQUEST LLC 2,433.60 450385 05/23/2024 PRINTED PETERBILT STORE SOUTH FLORIDA LLC 9,318.84 450386 05/23/2024 PRINTED SEUNG KIM 650.00 450387 05/23/2024 PRINTED NEX-GEN PARTNERS LLC 8,270.00 450388 05/23/2024 PRINTED CER SIGNATURE CLEANING LLC 2,150.00 450389 05/23/2024 PRINTED EZAS INVESTMENTS LLC 1,450.00 450390 05/23/2024 PRINTED MICHAEL MILLER 2,156.00 450391 05/23/2024 PRINTED MARUBENI AMERICA CORPORATION 3,840.00 450392 05/23/2024 PRINTED RS REALTY ADVISORS LLC 2,550.00 450393 05/23/2024 PRINTED DOBBS EQUIPMENT LLC 10,255.86 450394 05/23/2024 PRINTED SCOTT B MCKINLEY 50.00 450395 05/23/2024 PRINTED INTRADYN 35,115.00 450396 05/23/2024 PRINTED GOMEZ BROTHERS CONTRACT SERVICES 564.00 450397 05/23/2024 PRINTED WILLIAM J LAHEY 896.00 450398 05/23/2024 PRINTED VERO BEACH THEATRE GUILD INC 10,000.00 450399 05/23/2024 PRINTED FACEY REALTY 1,094.00 450400 05/23/2024 PRINTED SONIA SUSAN SOSA 1,383.00 450401 05/23/2024 PRINTED ULTIMATE PROPERTIES & LOGISTICS LLC 1,037.00 450402 05/23/2024 PRINTED SHRIEVE CHEMICAL CO LLC 4,077.33 450403 05/23/2024 PRINTED BAKER & TAYLOR 5,594.69 450404 05/23/2024 PRINTED POINT & PAY LLC 1,250.00 450405 05/23/2024 PRINTED TPH HOLDINGS LLC 497.59 450406 05/23/2024 PRINTED RONALD MARASCO SR 120.00 22 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450407 05/23/2024 PRINTED OCP COMMUNITY OUTREACH INC 8,364.92 450408 05/23/2024 PRINTED JT VERO PROPERTIES LLC 2,574.00 450409 05/23/2024 PRINTED JACOURT LLC 1,043.00 450410 05/23/2024 PRINTED RUBEN ZAMARRIPA 160.00 450411 05/23/2024 PRINTED SM REALTY PARTNERS LLC 2,525.00 450412 05/23/2024 PRINTED XEROX CORPORATION 1,395.27 450413 05/23/2024 PRINTED WINSUPPLY COMMERCIAL CHARGE 199.92 450414 05/23/2024 PRINTED IXORIA RE LLC 2,636.00 450415 05/23/2024 PRINTED FLEETPRIDE INC 3,692.29 450416 05/23/2024 PRINTED HI LIFE PROPERTY MANAGEMENT LLC 1,791.00 450417 05/23/2024 PRINTED JB JONES JR 877.00 450418 05/23/2024 PRINTED UNA GRAHAM 1,500.00 450419 05/23/2024 PRINTED TRANSMASTERS 630.98 450420 05/23/2024 PRINTED JOHN DAVID HAYES 2,680.00 450421 05/23/2024 PRINTED ARTHUR J GALLAGHER & CO 2,105,164.00 450422 05/23/2024 PRINTED GARY C ALERTE JR 1,500.00 450423 05/23/2024 PRINTED JOHN DIGIACOMO 120.00 450424 05/23/2024 PRINTED FIRE-DEX GW LLC 1,273.25 450425 05/23/2024 PRINTED BALL FABRICS INC 3,047.15 450426 05/23/2024 PRINTED LF STAFFING SERVICES INC 2,903.05 450427 05/23/2024 PRINTED FIONNA SMITH 1,716.00 450428 05/23/2024 PRINTED PINES VILLAGE LLC 994.00 450429 05/23/2024 PRINTED MEMPHIS NET & TWINE CO INC 58.73 450430 05/23/2024 PRINTED TREASURE COAST MANAGEMENT SPECIALISTS LLC 1,351.00 450431 05/23/2024 PRINTED GARRETT PUZZO 720.00 450432 05/23/2024 PRINTED TYRELL MORGAN 50.00 450433 05/23/2024 PRINTED DENA KAY MATTHEWS 2,079.00 450434 05/23/2024 PRINTED UNIVAR SOLUTIONS USA INC 719.30 450435 05/23/2024 PRINTED HASTY AWARDS 2,067.00 450436 05/23/2024 PRINTED VECELLIO GROUP INC 268.20 450437 05/23/2024 PRINTED PALMDALE INTERMEDIATE LLC 357.76 450438 05/23/2024 PRINTED GANNETT MEDIA CORP 2,035.01 450439 05/23/2024 PRINTED HELPING HANDS PROGRAM OF SOUTH COUNTY INC 1,529.94 450440 05/23/2024 PRINTED GTY SOFTWARE INC 29,500.00 450441 05/23/2024 PRINTED RAY POWERS 13.50 450442 05/23/2024 PRINTED FLORIDA ULS OPERATING LLC 15,806.00 450443 05/23/2024 PRINTED GASPAR BODY & PAINT 9,420.26 450444 05/23/2024 PRINTED GAVIN RYAN MUSSO 75.00 450445 05/23/2024 PRINTED BRADY COMPANIES LLC 1,213.70 450446 05/23/2024 PRINTED BRADY COMPANIES LLC 495.21 450447 05/23/2024 PRINTED TEN -8 FIRE & SAFETY LLC 20,017.15 450448 05/23/2024 PRINTED GRAY MEDIA GROUP INC 750.00 450449 05/23/2024 PRINTED CYNTHIA WOLD 50.00 1021611 05/21/2024 ACI AT&T 5.29 1021612 05/21/2024 ACI AT&T 1,644.69 1021613 05/21/2024 ACI AT&T 840.00 23 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 1021614 05/21/2024 ACI AT&T 5.29 1021615 05/21/2024 ACI AT&T 127.69 1021616 05/21/2024 ACI OFFICE DEPOT 981.14 1021617 05/21/2024 ACI COMCAST 144.85 1021618 05/21/2024 ACI WASTE MANAGEMENT INC OF FLORIDA 4,098.51 1021619 05/23/2024 ACI PARKS RENTAL & SALES INC 100.00 1021620 05/23/2024 ACI RING POWER CORPORATION 2,649.32 1021621 05/23/2024 ACI GROVE WELDERS INC 659.25 1021622 05/23/2024 ACI COMPLETE RESTAURANT EQUIPMENT LLC 503.14 1021623 05/23/2024 ACI COMMERCIAL ENERGY SPECIALISTS 1,687.08 1021624 05/23/2024 ACI TOTAL TRUCK PARTS INC 2,391.70 1021625 05/23/2024 ACI MINUTEMAN PRESS 114.00 1021626 05/23/2024 ACI DYER CHEVROLET 2,081.46 1021627 05/23/2024 ACI UNIFIRST CORPORATION 1,741.74 1021628 05/23/2024 ACI RELIABLE SEPTIC & SERVICES 125.00 1021629 05/23/2024 ACI NEXAIR LLC 150.11 1021630 05/23/2024 ACI EVERGLADES EQUIPMENT GROUP 8,483.99 1021631 05/23/2024 ACI CARLON INC 570.00 5,756,239.91 24 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: May 30, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 24, 2024 to May 30, 2024 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of May 24, 2024 to May 30, 2024. 25 W ` CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 11731 05/24/2024 WIRE IRC FIRE FIGHTERS ASSOC 11,198.90 11732 05/24/2024 WIRE TEAMSTERS LOCAL UNION #769 5,199.00 11733 05/24/2024 WIRE FL SDU 2,929.96 11734 05/24/2024 WIRE INDIAN RIVER COUNTY SHERIFF 1,602,993.00 11735 05/24/2024 WIRE IRS-PAYROLL TAXES 642,088.35 11736 05/24/2024 WIRE WRIGHT EXPRESS FSC 38,829.07 11737 05/24/2024 WIRE RX BENEFITS INC 318,988.56 11738 05/24/2024 WIRE HEALTH ADVOCATE SOLUTIONS INC 1,800.93 11739 05/24/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 696.98 11740 05/24/2024 WIRE LINCOLN RETIREMENT 99,471.32 11741 05/24/2024 WIRE EDH HOLDINGS LLC 197.38 11742 05/29/2024 WIRE IRC CHAMBER OF COMMERCE 73,327.99 11743 05/29/2024 WIRE IRC CHAMBER OF COMMERCE 24,272.68 11744 05/29/2024 WIRE CITY OF SEBASTIAN 41,043.42 11745 05/29/2024 WIRE SENIOR RESOURCE ASSOCIATION 619,969.14 11746 05/29/2024 WIRE ATLAS ORGANICS INDIAN RIVER LLC 207,522.84 11747 05/29/2024 WIRE HEALTH ADVOCATE SOLUTIONS INC 2,059.20 11748 05/29/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,457.18 11749 05/29/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 539.36 11750 05/29/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 106.56 11751 05/29/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 94.84 11752 05/29/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 249.67 11753 05/29/2024 WIRE EDH HOLDINGS LLC 7,420.50 11754 05/29/2024 WIRE EDH HOLDINGS LLC 7,454.50 11755 05/30/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 516.90 11756 05/30/2024 WIRE INVESTORS TITLE INSURANCE COMPANY 85,000.00 450450 05/24/2024 PRINTED UNITED WAY OF INDIAN RIVER COUNTY 1,357.00 450451 05/24/2024 PRINTED CALIFORNIA STATE DISBURSEMENT UNIT 305.19 450452 05/30/2024 PRINTED AT&T MOBILITY 345.84 450453 05/30/2024 PRINTED INDIAN RIVER COUNTY HEALTH DEPT 64,633.66 450454 05/30/2024 PRINTED ROGER J NICOSIA 1,500.00 450455 05/30/2024 PRINTED CITY OF VERO BEACH 2,230.27 450456 05/30/2024 PRINTED CITY OF VERO BEACH 11,987.50 450457 05/30/2024 PRINTED AT&T 198.00 450458 05/30/2024 PRINTED AT&T 690.00 450459 05/30/2024 PRINTED ST LUCIE COUNTY BOCC 66,715.16 450460 05/30/2024 PRINTED ST LUCIE COUNTY BOCC 8,253.08 450461 05/30/2024 PRINTED FISHER & PHILLIPS LLP 1,281.00 450462 05/30/2024 PRINTED CALIFORNIA STATE CONTROLLERS OFFICE 83.17 450463 05/30/2024 PRINTED CDW GOVERNMENT 734.78 450464 05/30/2024 PRINTED CANARX GROUP INC 7,275.60 450465 05/30/2024 PRINTED REXEL USA INC 3,677.82 450466 05/30/2024 PRINTED DMS DIVISION OF TELECOMMUNICATIONS 5,944.60 450467 05/30/2024 PRINTED LOWES COMPANIES INC 60.77 450468 05/30/2024 PRINTED PIVOTAL UTILITY HOLDINGS INC 14,626.37 450469 05/30/2024 PRINTED SUPERIOR FENCE & RAIL OF THE TREASURE COAST 75.00 26 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450470 05/30/2024 PRINTED AMBER MICHELLE SIMMONS 31.54 450471 05/30/2024 PRINTED ANTHONY JACKSON 47.81 450472 05/30/2024 PRINTED BRUNO P DANGER 36.27 450473 05/30/2024 PRINTED DANIEL FOWLER 28.97 450474 05/30/2024 PRINTED DAWN MIRANDA 55.45 450475 05/30/2024 PRINTED DOMINIC YOCONO 60.53 450476 05/30/2024 PRINTED EURONUT LLC 33.93 450477 05/30/2024 PRINTED HAILEY ANNE MACHALINSKI 51.59 450478 05/30/2024 PRINTED HAWTHORNE PROPERTY GROUP LLC 19.89 450479 05/30/2024 PRINTED HOLIDAY BUILDERS 23.72 450480 05/30/2024 PRINTED INDIAN RIVER MALL REALTY HOLDING, LLC 17,472.14 450481 05/30/2024 PRINTED IVANKA N MAY 67.93 450482 05/30/2024 PRINTED JACQUELINE LORING 58.33 450483 05/30/2024 PRINTED JEFFREY S ALLEN 94.49 450484 05/30/2024 PRINTED JENNIFER LARRABEE 102.41 450485 05/30/2024 PRINTED JESUS TREVINO 34.76 450486 05/30/2024 PRINTED JUAN JOSUE TORRES 50.81 450487 05/30/2024 PRINTED JUSTIN BALDWIN 59.57 450488 05/30/2024 PRINTED KEITH FILEWICH 27.09 450489 05/30/2024 PRINTED KIM CORRAO 59.42 450490 05/30/2024 PRINTED LIVIANA IEROPOLI 63.93 450491 05/30/2024 PRINTED LUCINDA EARLS 46.96 450492 05/30/2024 PRINTED MARIE BEAUVAIS 6.98 450493 05/30/2024 PRINTED MARIELLE SAURIOL 94.64 450494 05/30/2024 PRINTED MARK SARTAIN 203.81 450495 05/30/2024 PRINTED MARONDA HOMES 37.70 450496 05/30/2024 PRINTED MELISSA WILLIAMS 62.50 450497 05/30/2024 PRINTED MELVIN BARNES 65.09 450498 05/30/2024 PRINTED MICHAEL HAAS 15.38 450499 05/30/2024 PRINTED PETER BLANCHARD 85.38 450500 05/30/2024 PRINTED RICHARD ABBEY 60.43 450501 05/30/2024 PRINTED RICHARD CLAUDIO 38.76 450502 05/30/2024 PRINTED ROBERT BURKS 25.37 450503 05/30/2024 PRINTED ROBIN M GLASSER 37.81 450504 05/30/2024 PRINTED SHAMANE ALEXANDRIA-STEGENGA 79.33 450505 05/30/2024 PRINTED SIDNEY SCOTT-WRIGHT 52.83 450506 05/30/2024 PRINTED TAMMY CAMPBELL 39.68 450507 05/30/2024 PRINTED THOMAS TAYLOR 42.03 450508 05/30/2024 PRINTED VERONICA CANCIO 14.88 450509 05/30/2024 PRINTED VIRGINIA TAYLOR 13.69 450510 05/30/2024 PRINTED W C PITCH LLC 151.62 450511 05/30/2024 PRINTED WILLIAM BODOR 33.55 450512 05/30/2024 PRINTED FLORIDA ASSOC OF COUNTIES INC 550.00 450513 05/30/2024 PRINTED JOSEPH EARMAN 29.82 450514 05/30/2024 PRINTED FLORIDA RURAL WATER ASSOCIATION 410.00 450515 05/30/2024 PRINTED SCOTT MCADAM 126.56 27 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450516 05/30/2024 PRINTED RACHEL IVEY 263.82 450517 05/30/2024 PRINTED STEPHEN GREER 81.13 450518 05/30/2024 PRINTED JOHN OCONNOR 3.87 450519 05/30/2024 PRINTED WILLIAM CHEER 232.66 450520 05/30/2024 PRINTED CARRI HENRY 241.75 450521 05/30/2024 PRINTED MICHELLE AUTON 241.75 450522 05/30/2024 PRINTED ED GORE 41.00 450523 05/30/2024 PRINTED SOLOMON BERTON 71.00 450524 05/30/2024 PRINTED ERIN REYES 213.00 450525 05/30/2024 PRINTED REPUBLIC SERVICES INC 609,790.45 450526 05/30/2024 PRINTED GEOSYNTEC CONSULTANTS INC 65,961.97 450527 05/30/2024 PRINTED WASTE MANAGEMENT 233,527.60 450528 05/30/2024 PRINTED MBV ENGINEERING 2,185.00 450529 05/30/2024 PRINTED MASTELLER & MOLER INC 15,855.00 450530 05/30/2024 PRINTED JOBEAR CONTRACTING INC 64,978.33 450531 05/30/2024 PRINTED SOUTHERN MANAGEMENT LLC 28,571.70 450532 05/30/2024 PRINTED BOWMAN CONSULTING GROUP LTD 886.01 450533 05/30/2024 PRINTED STANTEC CONSULTING SERVICES INC 4,751.25 450534 05/30/2024 PRINTED CONSOR ENGINEERS LLC 107,586.20 450535 05/30/2024 PRINTED BULK EXPRESS TRANSPORT INC 24,033.60 450536 05/30/2024 PRINTED RUMMEL KLEPPER & KAHL LLP 13,666.00 450537 05/30/2024 PRINTED COMMUNICATIONS INTERNATIONAL INC 1,057.01 450538 05/30/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 1,800.34 450539 05/30/2024 PRINTED SAFETY PRODUCTS INC 1,615.63 450540 05/30/2024 PRINTED GRAINGER INC 408.80 450541 05/30/2024 PRINTED KELLY TRACTOR CO 14,305.00 450542 05/30/2024 PRINTED GRAYBAR ELECTRIC 38.45 450543 05/30/2024 PRINTED TEMPLE INC 27,102.00 450544 05/30/2024 PRINTED HACH CO 568.78 450545 05/30/2024 PRINTED MEEKS PLUMBING INC 2,100.00 450546 05/30/2024 PRINTED BOUND TREE MEDICAL LLC 9,813.82 450547 05/30/2024 PRINTED ELPEX 234.00 450548 05/30/2024 PRINTED ABCO GARAGE DOOR CO 340.00 450549 05/30/2024 PRINTED CARTER ASSOCIATES INC 6,059.00 450550 05/30/2024 PRINTED NEWMANS POWER SYSTEMS 1,385.09 450551 05/30/2024 PRINTED DELL MARKETING LP 2,090.00 450552 05/30/2024 PRINTED ODYSSEY MANUFACTURING CO 15,526.35 450553 05/30/2024 PRINTED HUDSON PUMP & EQUIPMENT 105,540.00 450554 05/30/2024 PRINTED CLERK OF CIRCUIT COURT 178.50 450555 05/30/2024 PRINTED CITY OF VERO BEACH 1,632.43 450556 05/30/2024 PRINTED HOME DEPOT CREDIT SERVICES 499.83 450557 05/30/2024 PRINTED EBSCO INFORMATION SERVICES 16,157.06 450558 05/30/2024 PRINTED FLORIDA DEPT OF TRANSPORTATION 12.86 450559 05/30/2024 PRINTED JANITORIAL DEPOT OF AMERICA INC 41.22 450560 05/30/2024 PRINTED FEDERAL EXPRESS 117.73 450561 05/30/2024 PRINTED FLORIDA POWER AND LIGHT 2,966.09 28 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450562 05/30/2024 PRINTED FLORIDA POWER AND LIGHT 87,428.25 450563 05/30/2024 PRINTED COMPLETE ELECTRIC INC 2,200.00 450564 05/30/2024 PRINTED PITNEY BOWES INC 8,890.32 450565 05/30/2024 PRINTED JOHN BROWN & SONS INC 2,000.00 450566 05/30/2024 PRINTED FORESTRY SUPPLIERS INC 307.38 450567 05/30/2024 PRINTED IRONSIDE PRESS LLC 220.08 450568 05/30/2024 PRINTED CUES 26.00 450569 05/30/2024 PRINTED INDIAN RIVER COUNTY HOUSING AUTHORITY 525.00 450570 05/30/2024 PRINTED FIRESTONE COMPLETE AUTO CARE 1,305.33 450571 05/30/2024 PRINTED RECHTIEN INTERNATIONAL TRUCKS 282.00 450572 05/30/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 200.00 450573 05/30/2024 PRINTED SHERWIN WILLIAMS CO 353.71 450574 05/30/2024 PRINTED GLOVER OIL COMPANY INC 95,028.30 450575 05/30/2024 PRINTED BILL BRESSETT 80.00 450576 05/30/2024 PRINTED SEBASTIAN INLET MARINA & TRADING CO 1,000.00 450577 05/30/2024 PRINTED CONSOLIDATED ELECTRIAL DIST INC 416.17 450578 05/30/2024 PRINTED DUPERON CORPORATION 1,461.73 450579 05/30/2024 PRINTED PETER J CASSARA 3,900.00 450580 05/30/2024 PRINTED CHARLIE JAMES BRISTOL 420.00 450581 05/30/2024 PRINTED MARINCO BIOASSAY LABORATORY INC 2,800.00 450582 05/30/2024 PRINTED PATRICIA K CALAHAN 277.76 450583 05/30/2024 PRINTED ALERT ALL CORPORATION 389.00 450584 05/30/2024 PRINTED HALO RESCUE 42.00 450585 05/30/2024 PRINTED BRENNTAG MID -SOUTH INC 17,819.58 450586 05/30/2024 PRINTED TORRES ELECTRICAL SUPPLY COMPANY INC 750.00 450587 05/30/2024 PRINTED XYLEM WATER SOLUTION USA INC 13,707.90 450588 05/30/2024 PRINTED PROMATIC INC 361.76 450589 05/30/2024 PRINTED ALAN JAY CHEV BUICK GMC CADILLAC 192,571.00 450590 05/30/2024 PRINTED MKI SERVICES INC 22,475.00 450591 05/30/2024 PRINTED MUNICIPAL EMERGENCY SERVICES INC 7,080.95 450592 05/30/2024 PRINTED BURNETT LIME CO INC 8,550.00 450593 05/30/2024 PRINTED SOUTHERN MANAGEMENT LLC 9,280.00 450594 05/30/2024 PRINTED QUICKSERIES PUBLISHING INC 6,108.00 450595 05/30/2024 PRINTED STS MAINTAIN SERVICES INC 15,309.30 450596 05/30/2024 PRINTED HAWKINS INC 680.00 450597 05/30/2024 PRINTED MODULAR BUILDING SYSTEMS INTERNATIONAL 1,150.00 450598 05/30/2024 PRINTED YOURMEMBERSHIP.COM 584.10 450599 05/30/2024 PRINTED LINDA WALL 80.00 450600 05/30/2024 PRINTED 1000BULBS.COM 75.62 450601 05/30/2024 PRINTED SITEONE LANDSCAPE SUPPLY LLC 1,785.27 450602 05/30/2024 PRINTED HYDROMAX USA LLC 18,517.50 450603 05/30/2024 PRINTED EASTERN PIPELINE CONSTRUCTION INC 3,550.00 450604 05/30/2024 PRINTED MATHESON TRI -GAS INC 17,494.74 450605 05/30/2024 PRINTED COLE AUTO SUPPLY INC 2,606.26 450606 05/30/2024 PRINTED KREMEDY LLC 3,500.00 450607 05/30/2024 PRINTED KREMEDY LLC 3,500.00 29 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450608 05/30/2024 PRINTED BETH NOLAN 222.00 450609 05/30/2024 PRINTED DAVE FORD PAINTING INC 1,750.00 450610 05/30/2024 PRINTED WOERNER AGRIBUSINESS LLC 124.00 450611 05/30/2024 PRINTED TAYLOR ANNE HATTON 80.00 450612 05/30/2024 PRINTED AMAZON CAPITAL SERVICES INC 8,039.18 450613 05/30/2024 PRINTED PACE ANYALYTICAL LLC 34.65 450614 05/30/2024 PRINTED AMERIGAS PROPANE LP 2,048.54 450615 05/30/2024 PRINTED JORDAN MOWERS 518.84 450616 05/30/2024 PRINTED ALL SUNCOAST ELECTRIC INC 1,762.66 450617 05/30/2024 PRINTED LIBERTY TIRE RECYCLING LLC 5,719.60 450618 05/30/2024 PRINTED DERECK R PRINCE 150.00 450619 05/30/2024 PRINTED MULLINAX FORD OF VERO BEACH 9.52 450620 05/30/2024 PRINTED JUDITH A BURLEY 167.50 450621 05/30/2024 PRINTED JENNIFER D JAMES 225.00 450622 05/30/2024 PRINTED EFLASH NEWSLETTERS LLC 250.00 450623 05/30/2024 PRINTED BLUE GOOSE CONSTRUCTION LLC 1,904.65 450624 05/30/2024 PRINTED STAPLES INC 319.98 450625 05/30/2024 PRINTED LOWES COMPANIES INC 2,474.93 450626 05/30/2024 PRINTED SMI TRADING LLC 546.07 450627 05/30/2024 PRINTED TOSHIBA AMERICA BUISNESS SOLUTIONS INC 66.86 450628 05/30/2024 PRINTED DUSTIN SULLIVAN 175.00 450629 05/30/2024 PRINTED THEODORE SEMI 365.00 450630 05/30/2024 PRINTED QUADMED INC 2,869.72 450631 05/30/2024 PRINTED JLA GEOSCIENCES INC 1,825.00 450632 05/30/2024 PRINTED WIPEOUTSERVICES LLC 175.00 450633 05/30/2024 PRINTED BRITTON INDUSTRIES INC 1,750.00 450634 05/30/2024 PRINTED HIREQUEST LLC 2,704.00 450635 05/30/2024 PRINTED PETERBILT STORE SOUTH FLORIDA LLC 403.32 450636 05/30/2024 PRINTED CER SIGNATURE CLEANING LLC 7,050.00 450637 05/30/2024 PRINTED SCOTT B MCKINLEY 120.00 450638 05/30/2024 PRINTED PIVOTAL UTILITY HOLDINGS INC 47.19 450639 05/30/2024 PRINTED SHRIEVE CHEMICAL CO LLC 8,265.10 450640 05/30/2024 PRINTED FS.COM INC 150.00 450641 05/30/2024 PRINTED BROOKS HEATING & A/C LLC 6,950.00 450642 05/30/2024 PRINTED CRYSTAL MCANELLY DIVERS 55.00 450643 05/30/2024 PRINTED VAC -CON INC 574,958.00 450644 05/30/2024 PRINTED SEVEN ISLES CAPITAL 1,350.00 450645 05/30/2024 PRINTED RONALD MARASCO SR 70.00 450646 05/30/2024 PRINTED BRIGHTVIEW LANDSCAPE SERVICES INC 2,089.75 450647 05/30/2024 PRINTED WOLFPACK FINANCIAL HOLDINGS 1,000.00 450648 05/30/2024 PRINTED PREMIER NURSERIES LLC 7,125.05 450649 05/30/2024 PRINTED WINSUPPLY COMMERCIAL CHARGE 860.04 450650 05/30/2024 PRINTED US ECOLOGY TAMPA INC 67,626.61 450651 05/30/2024 PRINTED AIRVAC INC 3,776.88 450652 05/30/2024 PRINTED FLEETPRIDE INC 108.03 450653 05/30/2024 PRINTED DONNA W ROBERTS 120.00 30 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450654 05/30/2024 PRINTED JORDAN PARKER 50.00 450655 05/30/2024 PRINTED HAR-RO PROPERTIES LLC 1,030.00 450656 05/30/2024 PRINTED SUBSTANCE ABUSE COUNCIL OF IRC 4,171.00 450657 05/30/2024 PRINTED FL ROADWAY GUARDRAIL & SIGNS INC 4,495.00 450658 05/30/2024 PRINTED BATES AIR & HEAT LLC 8,075.00 450659 05/30/2024 PRINTED LF STAFFING SERVICES INC 2,177.29 450660 05/30/2024 PRINTED SUMMIT FIRE & SECURITY LLC 960.00 450661 05/30/2024 PRINTED ARAMSCO, INC. 15,686.00 450662 05/30/2024 PRINTED KATHERINE L NALL 97.50 450663 05/30/2024 PRINTED TYRELL MORGAN 75.00 450664 05/30/2024 PRINTED MARY L TOMARO 225.00 450665 05/30/2024 PRINTED WILLIAMS SCOTSMAN INC 8,014.37 450666 05/30/2024 PRINTED UNIVAR SOLUTIONS USA INC 2,247.90 450667 05/30/2024 PRINTED VECELLIO GROUP INC 1,009.80 450668 05/30/2024 PRINTED INDIO RIVER LLC 937.00 450669 05/30/2024 PRINTED GANNETT MEDIA CORP 319.52 450670 05/30/2024 PRINTED RAY POWERS 21.00 450671 05/30/2024 PRINTED GAVIN RYAN MUSSO 75.00 450672 05/30/2024 PRINTED BRADY COMPANIES LLC 4,900.69 450673 05/30/2024 PRINTED JAMES T ZELL 150.00 903387 05/24/2024 PRINTED FLORIDA POWER AND LIGHT 93.00 903388 05/24/2024 PRINTED SREIT LEXINGTON CLUB LLC 1,574.00 903389 05/24/2024 PRINTED SREIT RIVER PARK PLACE LLC 504.00 903390 05/24/2024 PRINTED JACOURT LLC 3,244.00 903391 05/30/2024 PRINTED FLORIDA HOUSING COALITION INC 530.00 903392 05/30/2024 PRINTED PRESERVE AT OSLO 446.00 903393 05/30/2024 PRINTED SUNCOAST REALTY & RENTAL MGMT LLC 194.00 903394 05/30/2024 PRINTED CITY OF VIRGINIA BEACH 1,344.52 1021632 05/28/2024 ACI AT&T 4,758.98 1021633 05/28/2024 ACI OFFICE DEPOT 1,353.41 1021634 05/28/2024 ACI COMCAST 289.12 1021635 05/28/2024 ACI WASTE MANAGEMENT INC OF FLORIDA 1,950.94 1021636 05/28/2024 ACI AT&T 6.91 1021637 05/28/2024 ACI COMCAST 259.95 1021638 05/30/2024 ACI NORTH SOUTH SUPPLY INC 172.33 1021639 05/30/2024 ACI UNIVERSAL SIGNS & ACCESSORIES 5,156.55 1021640 05/30/2024 ACI INDIAN RIVER OXYGEN INC 324.64 1021641 05/30/2024 ACI WATER SAFETY PRODUCTS INC 3,136.25 1021642 05/30/2024 ACI GALLS LLC 1,657.07 1021643 05/30/2024 ACI IRRIGATION CONSULTANTS UNLIMITED INC 298.11 1021644 05/30/2024 ACI GROVE WELDERS INC 1,133.31 1021645 05/30/2024 ACI DYER CHEVROLET 2,210.43 1021646 05/30/2024 ACI HYDRA SERVICE (S) INC 54,380.00 1021647 05/30/2024 ACI UNIFIRST CORPORATION 1,670.64 1021648 05/30/2024 ACI NEXAIR LLC 199.61 1021649 05/30/2024 ACI EVERGLADES EQUIPMENT GROUP 231.35 31 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME 1021650 05/30/2024 ACI CUMMINS INC AMOUNT 2,835.73 6,813,146.10 32 Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: HONORABLE BOARD OF COUNTY COMMISSIONERS FROM: ELISSA NAGY, CHIEF DEPUTY COMPTROLLER THRU: RYAN L. BUTLER, COMPTROLLER DATE: June 6, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS May 31, 2024 to June 6, 2024 In compliance with Chapter 136.06, Florida Statutes, all checks and electronic payments issued by the Board of County Commissioners are to be recorded in the Board minutes. Approval is requested for the attached lists of checks and electronic payments, issued by the Comptroller Division, for the time period of May 31, 2024 to June 6, 2024. 33 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 11757 05/31/2024 WIRE KIMLEY HORN & ASSOC INC 237,640.61 11758 OS/31/2024 WIRE VEROTOWN LLC 2,075.00 11759 05/31/2024 WIRE AMERITAS 19,069.40 11760 05/31/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,650.69 11761 05/31/2024 WIRE DICKERSON INFRASTRUCTURE INC 3,432,680.12 11762 05/31/2024 WIRE EDH HOLDINGS LLC 1,261.00 11763 06/03/2024 WIRE KIMLEY HORN & ASSOC INC 6,131.50 11764 06/03/2024 WIRE ST LUCIE BATTERY & TIRE CO 1,159.27 11765 06/03/2024 WIRE CLERK OF CIRCUIT COURT 121,968.91 11766 06/03/2024 WIRE INDIAN RIVER COUNTY SHERIFF 5,862,721.82 11767 06/03/2024 WIRE INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 148,350.34 11768 06/03/2024 WIRE TD BANK 17,962.44 11769 06/03/2024 WIRE CER SIGNATURE CLEANING LLC 12,524.20 11770 06/03/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 816.92 11771 06/03/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 280.67 11772 06/03/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 117.64 11773 06/04/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 516.90 11774 06/04/2024 WIRE AMERICAN FAMILY LIFE ASSURANCE CO 11,949.48 11775 06/05/2024 WIRE VERO HERITAGE INC 4,131.76 11776 06/05/2024 WIRE VEROTOWN LLC 304,582.34 11777 06/05/2024 WIRE AMERITAS 26.25 11778 06/05/2024 WIRE AMERITAS 131.25 11779 06/05/2024 WIRE AMERITAS 247.50 11780 06/05/2024 WIRE AMERITAS 37.50 11781 06/05/2024 WIRE AMERITAS 255.00 11782 06/05/2024 WIRE AMERITAS 3,172.50 11783 06/05/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,489.54 11784 06/05/2024 WIRE OPTUMHEALTH FINANCIAL SERVICES 95,406.04 11785 06/06/2024 WIRE FL RETIREMENT SYSTEM 1,283,541.28 11786 06/06/2024 WIRE MUTUAL OF OMAHA 32,391.69 11787 06/06/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,763.12 450674 06/03/2024 PRINTED LYNCH FUEL COMPANY LLC 335,589.57 450675 06/06/2024 PRINTED FLORIDA ASSOC OF COUNTIES INC 550.00 450676 06/06/2024 PRINTED KEVIN GIBSON 95.00 450677 06/06/2024 PRINTED SCOTT MCADAM 115.56 450678 06/06/2024 PRINTED LESLIE N MUNROE 222.54 450679 06/06/2024 PRINTED SHELBY BALL 167.40 450680 06/06/2024 PRINTED KIMBERLY K MOIRANO 12.99 450681 06/06/2024 PRINTED FLORIDA STATE COLLEGE AT JACKSONVILLE 1,615.00 450682 06/06/2024 PRINTED JOHN SCHOONMAKER 52.15 450683 06/06/2024 PRINTED RYAN LLOYD 243.00 450684 06/06/2024 PRINTED JENNIFER MACKINNON 1,375.50 450685 06/06/2024 PRINTED BRIANA LAMBERT 150.01 450686 06/06/2024 PRINTED TREASURE COAST HUMAN RESOURCE ASSOCIATION INC 25.00 450687 06/06/2024 PRINTED TREASURE COAST HUMAN RESOURCE ASSOCIATION INC 30.00 450688 06/06/2024 PRINTED TREASURE COAST HUMAN RESOURCE ASSOCIATION INC 30.00 450689 06/06/2024 PRINTED MEEKS PLUMBING INC 108,170.00 450690 06/06/2024 PRINTED EDLUND DRITENBAS BINKLEY ARCHITECTS 530.00 450691 06/06/2024 PRINTED INTERNATIONAL GOLF MAINTENANCE INC 1,822.04 450692 06/06/2024 PRINTED GEOSYNTEC CONSULTANTS INC 38,676.02 450693 06/06/2024 PRINTED MBV ENGINEERING 450.00 450694 06/06/2024 PRINTED BOWMAN CONSULTING GROUP LTD 1,995.00 34 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450695 06/06/2024 PRINTED TETRA TECH INC 980.70 450696 06/06/2024 PRINTED WITT O'BRIEN'5 LLC 77.50 450697 06/06/2024 PRINTED CONSOR ENGINEERS LLC 55,787.09 450698 06/06/2024 PRINTED WEX HEALTH INC 6,110.70 450699 06/06/2024 PRINTED TIGER, INC. 75,517.32 450700 06/06/2024 PRINTED ATKINS NORTH AMERICA INC 54,592.00 450701 06/06/2024 PRINTED ANDREW HEMMER 36.91 450702 06/06/2024 PRINTED BLAKE BISHOP 36.68 450703 06/06/2024 PRINTED BONNIE JULIN TRS 77.68 450704 06/06/2024 PRINTED CAMAROTTI HOMES LLC, A FLORIDA LIMITED L 126.42 450705 06/06/2024 PRINTED CANDACE GRIFFEY 48.67 450706 06/06/2024 PRINTED CAROLINA CUEVAS JIMENEZ 90.34 450707 06/06/2024 PRINTED CHARLES DELL 19.28 450708 06/06/2024 PRINTED CHELSEA T SMARTT 56.94 450709 06/06/2024 PRINTED D R HORTON INC 245.90 450710 06/06/2024 PRINTED DI VOSTA HOMES L P 39.72 450711 06/06/2024 PRINTED DONNA WOLF 72.51 450712 06/06/2024 PRINTED ELIZABETH BENDER 81.79 450713 06/06/2024 PRINTED FIRETHORN INC 576.28 450714 06/06/2024 PRINTED FOXWOOD DEVELOPMENT LLC 53.07 450715 06/06/2024 PRINTED GAYLES BEYER 424.97 450716 06/06/2024 PRINTED GEORGE CONNELLY 33.57 450717 06/06/2024 PRINTED GRACE PLACE CARE CENTER INC 19.81 450718 06/06/2024 PRINTED GRBK GHO HIGH POINTE LLC 88.03 450719 06/06/2024 PRINTED GRIFFON LLC 284.57 450720 06/06/2024 PRINTED GUY DAVIES 41.25 450721 06/06/2024 PRINTED JILL BLIZZARD 115.62 450722 06/06/2024 PRINTED JOHN G SHELLEY 24.51 450723 06/06/2024 PRINTED JOHNATHAN SEIFE 42.27 450724 06/06/2024 PRINTED JUDITH UDELL 2.15 450725 06/06/2024 PRINTED LLP VERO LLC 324.57 450726 06/06/2024 PRINTED MARCUS NEWTON 62.62 450727 06/06/2024 PRINTED MICHAELSTRAWDER 43.41 450728 06/06/2024 PRINTED MICHELE L RIOUX 135.40 450729 06/06/2024 PRINTED NICOLE REILLY 38.92 450730 06/06/2024 PRINTED PAULBARR 44.55 450731 06/06/2024 PRINTED PAULA SULLIVAN 72.04 450732 06/06/2024 PRINTED PAULINA GARCIA 91.56 450733 06/06/2024 PRINTED PHYLISS STEWART 31.10 450734 06/06/2024 PRINTED PMG FL LLC 333.13 450735 06/06/2024 PRINTED PROCTOR CONSTRUCTION CO, INC 341.48 450736 06/06/2024 PRINTED REGINA CANGELOSSI 47.91 450737 06/06/2024 PRINTED RICARDO SIMAS 11.30 450738 06/06/2024 PRINTED SHANDALANAE FORDE-JUDON 65.21 450739 06/06/2024 PRINTED SHAWN MARDER 44.82 450740 06/06/2024 PRINTED SHIRLEY KINDIG 36.32 450741 06/06/2024 PRINTED STEPHANIES SALON STUDIOS LLC 32.91 450742 06/06/2024 PRINTED STEVEN PROCHOROFF 29.54 450743 06/06/2024 PRINTED STUART GLASS 21.63 450744 06/06/2024 PRINTED SUSAN MORGAN 60.90 450745 06/06/2024 PRINTED WENDY M SUERMONDT 36.32 450746 06/06/2024 PRINTED RICOH USA INC 14.72 35 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450747 06/06/2024 PRINTED MAXWELL & SON INC 13,440.00 450748 06/06/2024 PRINTED HOME DEPOT CREDIT SERVICES 48.48 450749 06/06/2024 PRINTED FLORIDA POWER AND LIGHT 7,524.44 450750 06/06/2024 PRINTED CELICO PARTNERSHIP 4,565.12 450751 06/06/2024 PRINTED MICHIGAN DEPARTMENT OF TREASURY 98.59 450752 06/06/2024 PRINTED TEXAS COMPTROLLER OF PUBLIC ACCOUNT 127.79 450753 06/06/2024 PRINTED AMERIGAS PROPANE LP 134.00 450754 06/06/2024 PRINTED PERFECT SETTINGS INC 350.00 450755 06/06/2024 PRINTED DOBBS EQUIPMENT LLC 255.96 450756 06/06/2024 PRINTED GRAY MATTER SYSTEMS LLC 11,570.15 450757 06/06/2024 PRINTED SOUTH FLORIDA ALUMINUM PRODUCTS LLC 3,800.00 450758 06/06/2024 PRINTED CHRIS LAVERAK 150.00 450759 06/06/2024 PRINTED ALU MA TOWER COMPANY 750.00 450760 06/06/2024 PRINTED ECONOMIC OPPORTUNITIES COUNCIL 150.00 450761 06/06/2024 PRINTED NATASHA CRUMPLER 250.00 450762 06/06/2024 PRINTED OCEAN STRINGS LLC 250.00 450763 06/06/2024 PRINTED PROFESSIONAL SHOW SALES 500.00 450764 06/06/2024 PRINTED QUEST CORPORATION OF AMERICA, INC 153.88 450765 06/06/2024 PRINTED SEBASTIAN RIVER HIGH SCHOOL 450.00 450766 06/06/2024 PRINTED SOUTH EAST SPAS, INC 500.00 450767 06/06/2024 PRINTED STACY BROCK 158.44 450768 06/06/2024 PRINTED ZACH MOORE 250.00 450769 06/06/2024 PRINTED ALBERT HORN 40.00 450770 06/06/2024 PRINTED ALICIA BHEER 622.54 450771 06/06/2024 PRINTED CATHERINE DE SCHOUWER 50.00 450772 06/06/2024 PRINTED DAVID WEBB 40.00 450773 06/06/2024 PRINTED EPH 2 ASSETS LLC 50.00 450774 06/06/2024 PRINTED GREGORY HUNTER 84.00 450775 06/06/2024 PRINTED HI -LAND PROPERTIES LLC 29.27 450776 06/06/2024 PRINTED JEFFILLC 200.00 450777 06/06/2024 PRINTED JIMMY'S TREE SERVICE INC 562.55 450778 06/06/2024 PRINTED JOHN ALLIN 81.13 450779 06/06/2024 PRINTED KAREN SUSAN QUALIZZA 26.39 450780 06/06/2024 PRINTED KELSEY ZORC 14.95 450781 06/06/2024 PRINTED LARRY EVERS 17.26 450782 06/06/2024 PRINTED MARK RUBIN 117.51 450783 06/06/2024 PRINTED NORMA CONSIDINE 150.00 450784 06/06/2024 PRINTED RICHARD ANDERSON 42.23 450785 06/06/2024 PRINTED RICHARD PARENT 26.89 450786 06/06/2024 PRINTED ROBERT PETERS 51.27 450787 06/06/2024 PRINTED RONALD BUDIN 10.75 450788 06/06/2024 PRINTED ROSA A GARRASON 16.79 450789 06/06/2024 PRINTED SIEGFRIED NETZER 20.16 450790 06/06/2024 PRINTED TERRENCE RYAN 100.00 450791 06/06/2024 PRINTED US SFE ASSET CO 3 LLC 100.00 450792 06/06/2024 PRINTED WILDAS JEAN JOSEPH 50.00 450793 06/06/2024 PRINTED PORT CONSOLIDATED 4,986.24 450794 06/06/2024 PRINTED STURGIS LUMBER & PYLWOOD CO 10.58 450795 06/06/2024 PRINTED COMMUNICATIONS INTERNATIONAL INC 90.00 450796 06/06/2024 PRINTED SOUTHERN SEWER EQUIPMENT SALES 5,170.34 450797 06/06/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 640.35 450798 06/06/2024 PRINTED RICOH USA INC 110.52 36 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450799 06/06/2024 PRINTED HENRY SCHEIN INC 1,669.84 450800 06/06/2024 PRINTED SAFETY PRODUCTS INC 400.47 450801 06/06/2024 PRINTED DATA FLOW SYSTEMS INC 877.00 450802 06/06/2024 PRINTED BREATHING AIR SYSTEM 506.16 450803 06/06/2024 PRINTED INDIAN RIVER BATTERY 3,857.90 450804 06/06/2024 PRINTED GRAINGER INC 1,353.73 450805 06/06/2024 PRINTED SAFETY KLEEN SYSTEMS INC 388.25 450806 06/06/2024 PRINTED GRAYBAR ELECTRIC 163.83 450807 06/06/2024 PRINTED GAYLORD BROTHERS INC 144.54 450808 06/06/2024 PRINTED HACH CO 1,980.00 450809 06/06/2024 PRINTED CLIFF BERRY INC 495.60 450810 06/06/2024 PRINTED MEEKS PLUMBING INC 1,642.00 450811 06/06/2024 PRINTED BOUND TREE MEDICAL LLC 711.05 450812 06/06/2024 PRINTED ELPEX 1,157.50 450813 06/06/2024 PRINTED BILL BRYANT & ASSOCIATES INC 33,750.00 450814 06/06/2024 PRINTED MIDWEST TAPE LLC 572.73 450815 06/06/2024 PRINTED ODYSSEY MANUFACTURING CO 23,405.00 450816 06/06/2024 PRINTED JIMMYS AIR & REFRIGERATION 1,423.22 450817 06/06/2024 PRINTED SOUTHERN EMBROIDERY 275.55 450818 06/06/2024 PRINTED PRESERVE AT OSLO 550.00 450819 06/06/2024 PRINTED PING INC 163.06 450820 06/06/2024 PRINTED INDIAN RIVER COUNTY 10.00 450821 06/06/2024 PRINTED ROGER J NICOSIA 680.00 450822 06/06/2024 PRINTED CITY OF VERO BEACH 353.96 450823 06/06/2024 PRINTED INDIAN RIVER ALL FAB INC 1,564.44 450824 06/06/2024 PRINTED HOME DEPOT CREDIT SERVICES 1,226.61 450825 06/06/2024 PRINTED EBSCO INFORMATION SERVICES 43.73 450826 06/06/2024 PRINTED FLORIDA DEPT OF TRANSPORTATION 15.74 450827 06/06/2024 PRINTED JANITORIAL DEPOT OF AMERICA INC 855.36 450828 06/06/2024 PRINTED TREASURE COAST HOMELESS SERVICES COUNCIL 30,998.82 450829 06/06/2024 PRINTED CLEVELAND GOLF/SRIXON 5,904.12 450830 06/06/2024 PRINTED ACUSHNET COMPANY 1,525.69 450831 06/06/2024 PRINTED FEDERAL EXPRESS 57.15 450832 06/06/2024 PRINTED CENTRAL AIR CONDITIONING & REFRIGERATION SUPPLY 907.71 450833 06/06/2024 PRINTED FLORIDA POWER AND LIGHT 113,114.55 450834 06/06/2024 PRINTED FLORIDA POWER AND LIGHT 2,613.90 450835 06/06/2024 PRINTED GIFFORD YOUTH ACHIEVEMENT CENTER INC 21,111.94 450836 06/06/2024 PRINTED US KIDS GOLF LLC 357.37 450837 06/06/2024 PRINTED GLOBAL GOLF SALES INC 157.98 450838 06/06/2024 PRINTED WALKER PROCESS EQUIPMENT 4,225.59 450839 06/06/2024 PRINTED RANGELINE TAPPING SERVICES INC 7,070.00 450840 06/06/2024 PRINTED KIMBALL MIDWEST 594.03 450841 06/06/2024 PRINTED RECHTIEN INTERNATIONAL TRUCKS 241.45 450842 06/06/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 187.00 450843 06/06/2024 PRINTED THE CLEARING COMPANY LLC 5,596.00 450844 06/06/2024 PRINTED THE SHERWIN WILLIAMS CO 240.04 450845 06/06/2024 PRINTED J C RENTALS & INVESTMENTS INC 360.00 450846 06/06/2024 PRINTED ORCHID ISLAND PROPERTY MGMT II INC 1,200.00 450847 06/06/2024 PRINTED CONSOLIDATED ELECTRIAL DIST INC 4,357.55 450848 06/06/2024 PRINTED SOCIETY FOR HUMAN RESOURCE MGMT 745.23 450849 06/06/2024 PRINTED SUNBELT RENTALS INC 1,846.52 450850 06/06/2024 PRINTED SIMS CRANE & EQUIPMENT CO 663.00 37 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450851 06/06/2024 PRINTED SOUTHEAST SECURE SHREDDING 45.00 450852 06/06/2024 PRINTED TRADEWINDS POWER CORP 2,208.17 450853 06/06/2024 PRINTED NICOLACE MARKETING INC 2,948.80 450854 06/06/2024 PRINTED BRENNTAG MID -SOUTH INC 17,065.49 450855 06/06/2024 PRINTED STAT MEDICAL DISPOSAL INC 550.00 450856 06/06/2024 PRINTED FLORIDA ARMATURE WORKS INC 1,483.67 450857 06/06/2024 PRINTED OVERDRIVE INC 2,308.13 450858 06/06/2024 PRINTED WILD TURKEY ESTATES OF VERO LLC 2,575.60 450859 06/06/2024 PRINTED MUNICIPAL EMERGENCY SERVICES INC 1,269.50 450860 06/06/2024 PRINTED BURNETT LIME CO INC 17,198.80 450861 06/06/2024 PRINTED STS MAINTAIN SERVICES INC 19,253.68 450862 06/06/2024 PRINTED MICHAEL EDWARD HAMILTON 325.00 450863 06/06/2024 PRINTED CATHEDRAL CORPORATION 1,565.40 450864 06/06/2024 PRINTED SITEONE LANDSCAPE SUPPLY LLC 841.87 450865 06/06/2024 PRINTED FLORIDA EAST COAST RAILWAY LLC 10,731.24 450866 06/06/2024 PRINTED MATHESON TRI -GAS INC 19,603.77 450867 06/06/2024 PRINTED COLE AUTO SUPPLY INC 15,882.17 450868 06/06/2024 PRINTED CORE & MAIN LP 22,945.32 450869 06/06/2024 PRINTED WOERNER AGRIBUSINESS LLC 280.00 450870 06/06/2024 PRINTED DIRECTV GROUP INC 92.99 450871 06/06/2024 PRINTED JOSEPH JOHNSON 61.49 450872 06/06/2024 PRINTED AMAZON CAPITAL SERVICES INC 5,934.07 450873 06/06/2024 PRINTED AMERIGAS PROPANE LP 1,593.56 450874 06/06/2024 PRINTED METROPOLITAN COMMUNICATION SERVICES INC 372.00 450875 06/06/2024 PRINTED JORDAN MOWERS 297.84 450876 06/06/2024 PRINTED CK CONTRACTORS & DEVELOPMENT LLC 368,259.95 450877 06/06/2024 PRINTED LIBERTY TIRE RECYCLING LLC 4,273.20 450878 06/06/2024 PRINTED MULLINAX FORD OF VERO BEACH 900.10 450879 06/06/2024 PRINTED SOUTH CENTRAL PLANNING & DEVELOPMENT COMMISSION 4,813.33 450880 06/06/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 649.83 450881 06/06/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 391.87 450882 06/06/2024 PRINTED MILTON MAYBERRY ENTERPRISES INC 1,655.00 450883 06/06/2024 PRINTED MT CAUSLEY LLC 66,880.00 450884 06/06/2024 PRINTED BLUE GOOSE CONSTRUCTION LLC 1,056.10 450885 06/06/2024 PRINTED ORCHARD GROVE VENTURE LLC 479.00 450886 06/06/2024 PRINTED STAPLES INC 337.04 450887 06/06/2024 PRINTED LOWES COMPANIES INC 5,860.72 450888 06/06/2024 PRINTED SMI TRADING LLC 169.21 450889 06/06/2024 PRINTED TOSHIBA AMERICA BUISNESS SOLUTIONS INC 984.00 450890 06/06/2024 PRINTED DEX IMAGING LLC 905.50 450891 06/06/2024 PRINTED VATLAND CDJR LLC 638.10 450892 06/06/2024 PRINTED HIREQUEST LLC 2,568.80 450893 06/06/2024 PRINTED CER SIGNATURE CLEANING LLC 4,100.00 450894 06/06/2024 PRINTED BAKER & TAYLOR 6,487.66 450895 06/06/2024 PRINTED TPH HOLDINGS LLC 1,004.85 450896 06/06/2024 PRINTED SEVEN ISLES CAPITAL 418.00 450897 06/06/2024 PRINTED LEGENDARY HEADWEAR 3,148.18 450898 06/06/2024 PRINTED JEFFERY HOGUES 3,000.00 450899 06/06/2024 PRINTED JENNIFER MACKINNON 175.00 450900 06/06/2024 PRINTED BIO -CHEM INCORPORATED 897.25 450901 06/06/2024 PRINTED RUBEN ZAMARRIPA 80.00 450902 06/06/2024 PRINTED XEROX CORPORATION 108.72 38 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 450903 06/06/2024 PRINTED WINSUPPLY COMMERCIAL CHARGE 32.97 450904 06/06/2024 PRINTED PRINTFLY CORPORATION 2,037.00 450905 06/06/2024 PRINTED TRANSMASTERS 459.94 450906 06/06/2024 PRINTED BATES AIR & HEAT LLC 106.25 450907 06/06/2024 PRINTED LF STAFFING SERVICES INC 868.17 450908 06/06/2024 PRINTED C&S CHEMICALS INC 4,391.51 450909 06/06/2024 PRINTED HASTY AWARDS 618.53 450910 06/06/2024 PRINTED VECELLIO GROUP INC 932.40 450911 06/06/2024 PRINTED CUTTING EDGE SIGNS LLC 936.00 450912 06/06/2024 PRINTED RICHARD LEVEY 120.91 450913 06/06/2024 PRINTED PALMDALE INTERMEDIATE LLC 143.33 450914 06/06/2024 PRINTED FLORIDA ULS OPERATING LLC 7,903.00 450915 06/06/2024 PRINTED FIRETHORN INC 9,472.25 450916 06/06/2024 PRINTED INSPIRE PLACEMAKING COLLECTIVE INC 20,272.75 450917 06/06/2024 PRINTED REM INDUSTRIES LLC 565.43 450918 06/06/2024 PRINTED ROKMOR LLC 2,450.00 903395 06/04/2024 PRINTED GRACES LANDING LTD 647.00 903396 06/04/2024 PRINTED FLORIDA POWER AND LIGHT 107.00 903397 06/04/2024 PRINTED INDIAN RIVER COUNTY HOUSING AUTHORITY 320.00 903398 06/04/2024 PRINTED SUNCOAST REALTY & RENTAL MGMT LLC 354.00 903399 06/04/2024 PRINTED LAZY JLLC 428.00 903400 06/04/2024 PRINTED COALITION FOR ATTAINABLE HOMES INC 691.00 903401 06/04/2024 PRINTED ORCHARD GROVE VENTURE LLC 4,516.00 903402 06/04/2024 PRINTED SREIT LEXINGTON CLUB LLC 2,729.00 903403 06/04/2024 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 1,080.00 903404 06/04/2024 PRINTED SREIT PEMBERLY PALMS LLC 4,621.00 903405 06/04/2024 PRINTED JACOURT LLC 3,202.00 903406 06/04/2024 PRINTED NONPROFIT HOUSING PRESERVATION LLC 661.00 903407 06/04/2024 PRINTED BREVARD COUNTY HOUSING AUTHORITY 4,311.56 903408 06/04/2024 PRINTED GRACES LANDING LTD 11,814.00 903409 06/04/2024 PRINTED BETTY DAVIS SCROGGS 665.00 903410 06/04/2024 PRINTED PRESERVE AT OSLO 8,978.00 903411 06/04/2024 PRINTED DAVID YORK 710.00 903412 06/04/2024 PRINTED ST FRANCIS MANOR OF VERO BEACH 1,599.00 903413 06/04/2024 PRINTED TREASURE COAST HOMELESS SERVICES COUNCIL 1,705.00 903414 06/04/2024 PRINTED FLORIDA POWER AND LIGHT 283.00 903415 06/04/2024 PRINTED INDIAN RIVER COUNTY HOUSING AUTHORITY 4,571.00 903416 06/04/2024 PRINTED INDIAN RIVER COUNTY HOUSING AUTHORITY 4,959.00 903417 06/04/2024 PRINTED THE PALMS AT VERO BEACH 28,412.00 903418 06/04/2024 PRINTED DAVID CONDON 1,125.00 903419 06/04/2024 PRINTED SUNCOAST REALTY & RENTAL MGMT LLC 720.00 903420 06/04/2024 PRINTED PAMELA R CUMMINGS 1,681.00 903421 06/04/2024 PRINTED ADINA GOLDMAN-WALKER 1,190.00 903422 06/04/2024 PRINTED HERITAGE VILLAS OF VERO BEACH 4,665.00 903423 06/04/2024 PRINTED LAZY JLLC 2,598.00 903424 06/04/2024 PRINTED SAID S MOOBARK 2,445.00 903425 06/04/2024 PRINTED OSCEOLA COUNTY 1,428.28 903426 06/04/2024 PRINTED YVONNE KOUTSOFIOS 300.00 903427 06/04/2024 PRINTED HOUSING AUTHORITY OF FULTON COUNTY 1,123.28 903428 06/04/2024 PRINTED JOHN T STANLEY 1,482.00 903429 06/04/2024 PRINTED WEDGEWOOD RENTALS LLC 858.00 903430 06/04/2024 PRINTED COALITION FOR ATTAINABLE HOMES INC 1,115.00 39 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 903431 06/04/2024 PRINTED MYRIAM MELENDEZ 912.00 903432 06/04/2024 PRINTED WATSON REALTY GROUP 3,698.00 903433 06/04/2024 PRINTED 1135 17TH PL LLC 1,808.00 903434 06/04/2024 PRINTED SHEA LLC 974.00 903435 06/04/2024 PRINTED ORCHARD GROVE VENTURE LLC 22,294.00 903436 06/04/2024 PRINTED SREIT LEXINGTON CLUB LLC 33,797.00 903437 06/04/2024 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 18,200.00 903438 06/04/2024 PRINTED B4 TC PROPERTIES LLC 943.00 903439 06/04/2024 PRINTED SREIT RIVER PARK PLACE LLC 16,374.00 903440 06/04/2024 PRINTED EZAS INVESTMENTS LLC 949.00 903441 06/04/2024 PRINTED SREIT PEMBERLY PALMS LLC 19,871.00 903442 06/04/2024 PRINTED SREIT SONRISE VILLAS LLC 6,306.00 903443 06/04/2024 PRINTED JACOURT LLC 8,104.00 903444 06/04/2024 PRINTED CHRISTINE HARVEY LAWRENCE 719.00 903445 06/04/2024 PRINTED CENTER LAKE PROPERTY MANAGEMENT LLC 1,319.00 903446 06/04/2024 PRINTED AMELIA VILLAGE LP 1,324.00 903447 06/04/2024 PRINTED NONPROFIT HOUSING PRESERVATION LLC 11,096.00 903448 06/04/2024 PRINTED CITY OF VIRGINIA BEACH 837.28 903449 06/06/2024 PRINTED BREVARD COUNTY HOUSING AUTHORITY 1,229.52 903450 06/06/2024 PRINTED CELICO PARTNERSHIP 40.38 903451 06/06/2024 PRINTED FLORIDA HOUSING COALITION INC 530.00 903452 06/06/2024 PRINTED XEROX CORPORATION 489.06 1021651 05/31/2024 ACI OFFICE DEPOT 1,625.32 1021652 05/31/2024 ACI COMCAST 444.51 1021653 05/31/2024 ACI WASTE MANAGEMENT INC OF FLORIDA 94.47 1021654 06/06/2024 ACI ADRON FENCE COMPANY INC 1,536.00 1021655 06/06/2024 ACI RING POWER CORPORATION 1,763.19 1021656 06/06/2024 ACI DEMCO INC 343.70 1021657 06/06/2024 ACI MIKES GARAGE & WRECKER SERVICE INC 1,793.00 1021658 06/06/2024 ACI IRRIGATION CONSULTANTS UNLIMITED INC 347.74 1021659 06/06/2024 ACI GROVE WELDERS INC 634.80 1021660 06/06/2024 ACI 41MPRINT INC 1,008.21 1021661 06/06/2024 ACI PRIDE ENTERPRISES INC 1,582.14 1021662 06/06/2024 ACI MINUTEMAN PRESS 1,043.57 1021663 06/06/2024 ACI DYER CHEVROLET 102.93 1021664 06/06/2024 ACI RADWELL INTERNATIONAL INC 1,071.00 1021665 06/06/2024 ACI UNIFIRST CORPORATION 1,406.33 1021666 06/06/2024 ACI GUARDIAN HAWK SECURITY 75.00 1021667 06/06/2024 ACI EFE INC 115.69 1021668 06/06/2024 ACI EVERGLADES EQUIPMENT GROUP 1,369.60 13,594,146.52 40 99 Carole Jean Jordan, c.F c. Tax Collector "How may we help you?" INTER -OFFICE MEMO: To: John Titkanich, County Administrator Date: Tuesday, June 25, 2024 Subject: Consent Agenda Item From: Carole Jean Jordan, Tax Collector Please place the following on the Consent Agenda for the Board of County Commissioners meeting on Tuesday July 2, 2024. Pursuant to Chapter 197.492 of the Florida Statutes, enclosed is a report of the List of Errors, Insolvencies, Double Assessments and Discounts for the 2023 tax roll. This list was completed as of June 24, 2024 and is attached for your review. If you need any further information or assistance, please feel free to contact me. Thank you for your consideration in this matter. 46 &IeL 9-U4"Ot_,� P.O. Box 1509, Vero Beach, FL 32961-1509 Website: wwwirctax.com Phone: (772) 226-1343 Fax: (772) 226-1965 41 June 25, 2024 Carole jean Jordan, c.Fc. Tax Collector "How may we help you?" Board of County Commissioners Attention: Susan Adams 1801 27`h Street, Bldg A Vero Beach, FL 32960 Re: Errors and Insolvencies Report for the 2023 Tax Roll Dear Chairperson Adams: Pursuant to Chapter 197.492 of the Florida Statutes, please find enclosed the Recapitulation of the 2023 Tax Roll. It includes a copy of the Errors and Insolvencies Report which shows the errors, double assessments, and insolvencies allowed. If I may be of further assistance, please do not hesitate to contact me. Thank you. Sincerely, 46 4-4� 9-4044ao� Carole Jean Jordan Indian River County Tax Collector CJJ.jca Attachments P.O. Box 1509, Vero Beach, FL 32961-1509 Website: wwwirctax.com Phone: (772) 226-1343 Fax: (772) 226-1965 42 REPORT OF DISCOUNTS, ERRORS, DOUBLE ASSESMENTS, AND INSOLVENCIES Section 197.492, Florida Statutes Certified to the Board of County Commissioners by Carole Jean Jordan, Tax Collector for Indian River County, Florida. Discounts, errors, double assessments, insolvencies, and exemptions are the only reasons for not collecting personal property taxes. Do not list any personal property tax item unless itis uncollectible. Do not take credit for items which are expected to be collected and remitted later. Before submitting this list to the board of county commissioners, the tax collector must fill out and sign the certificate at the end of this form as the last page of the report and recapitulate the amount of all taxes that will be credited. 43 Description of land or personal property Person the tax is assessed against in the roll Property ID # Total taxes deleted Reason for reductior KEYES PAMELA KAY (LE) FBO PAMELA KAY KEYS TRUST 30-38-21-00001-0000-00002/3 $ 298.03 Errors HENDERSON DORIS 30-38-21-00005-0050-00010/0 $ 885.27 Errors FRIELMICHAEL I 30-38-21-00005-0060-00002/1 $ 298.03 Errors PYLE CATHY ERGLE 30-38-25-00009-0001-00006/0 $ 298.03 Errors MAHER DANIEL 30-38-30-00008-0000-00004/0 $ 407.68 Errors BRADLEY RONALD D & CYNTHIAA 30-39-33-00002-0000-00005/0 $ 1,635.76 Errors VAQUERO FELLSMERE PARTNERS LP 31-37-00-00001-1552-00004/0 $ 277.65 Errors PYLES DAVID TODD 31-37-00-00001-2240-00001/0 $ 2,061.00 Errors WINGER MARVIN J 31-37-00-00001-2349-00001/0 $ 2,365.81 Errors CITY OFFELLSMERE 31-37-00-99991-1552-00004/0 $ (179.52) Errors GASKIN SAMUEL PETER (LE) 31-38-01-00002-0150-00021/0 $ (1,676.45) Errors HUFF SCOTT DAVID (CO -TRS) FBO THE SCOTT HUFF LIVING TRUST 31-38-01-00002-0160-00008/0 $ 2,336.02 Errors DATO ROBERT 31-38-13-00001-2310-00016/0 $ 8.02 Errors RAULERSON SPRING 31-38-13-00003-1490-00005/0 $ 1,182.12 Errors LOEWENJOHNJ 31-38-14-00002-1610-00018/0 $ 1,463.04 Errors ARCE ANA I 31-38-14-00003-0000-00007/0 $ 3,453.71 Errors HUNT DAWN ALYCE 31-38-14-00005-0010-00001/0 $ 917.38 Errors DELACRUZ CLEMENTE I JR (LE) 31-38-22-00002-0000-00071/0 $ 2,915.42 Errors WI LLIAMS JAN ET LYN N E 31-38-24-00001-2440-00026/0 $ 2,134.73 Errors CRAIG JEAN PATTERSON 31-38-24-00001-3060-00010/0 $ 1,475.08 Errors ST JOHNS RIVER WATER MANAGEMENT DISTRICT 31-38-25-00001-3890-00001/0 $ 495.92 Errors CONFIDENTIAL 31-38-25-00001-3980-00015/0 $ 311.87 Errors LOPEZ RAQUEL 31-38-27-00003-0040-00002/0 $ 1,358.20 Errors GIORDAN TERRENCE (P) 31-38-28-00006-0120-00009/0 $ 893.39 Errors MINGUSRONDAS 31-38-33-00005-0050-00011/0 $ 975.96 Errors HAVEN JILL N 31-38-33-00006-0030-00021/0 $ 146.65 Errors ABOUKABCHATKHALID 31-39-06-00019-0020-00017/0 $ 1,786.15 Errors HEEN RANDY STEVEN 31-39-07-00001-4990-00013/0 $ 655.89 Errors LINCOLN AMBER L 31-39-08-00002-0000-00023/0 $ 553.60 Errors LINDNER STEPHEN CRAIG JR 31-39-14-00005-0000-00001/0 $ 14,788.01 Errors STOLZ CAROL L (TRS) & RAYMOND S (TRS) FBO THE CAROL L STOLZ REVOCABLE TR 31-39-15-00014-0000-00318/0 $ 10,537.44 Errors ALLARD WILLIAM J & ELIZABETH B 31-39-15-00022-0630-00002/1 $ 4,344.13 Errors ALLARD WILLIAM J & ELIZABETH B 31-39-15-00022-0630-00003/0 $ 37,616.93 Errors BERRY ALBERT G 31-39-18-00001-4130-00003/0 $ 2,060.11 Errors FIELD GEORGE A 31-39-18-00001-4140-00014/0 $ 1,489.46 Errors BASLER MARK A (TR) FBO THE MARK A BASLER & NOEMI V DE JESUS BASLER REVOC 31-39-18-00012-0000-00076/0 $ 655.84 Errors BIBLE BAPTIST CHURCH 31-39-19-00001-0010-00001/0 $ 7,670.97 Errors SANTANACUCO 31-39-19-00001-6050-00006/0 $ 744.66 Errors HEBERT THOMAS E 31-39-20-00001-0000-00021/0 $ (485.80) Errors GROVE VERO LLC 31-39-22-00011-0000-00255/0 $ 1,454.28 Errors DALAKER KARSTEN ERIK 31-39-26-00017-0000-00011/0 $ (8,811.00) Errors RODRIGUES AMANDA CARINE BARBOSA 31-39-26-00017-0000-00022/0 $ 1,792.40 Errors MORROW IRA 31-39-26-00032-0030-00303/0 $ 37.18 Errors DOUGLAS LEVAN 31-39-29-00001-0030-00001/0 $ 1,170.05 Errors SERYNEK DAVID 31-39-30-00003-0100-00009/0 $ (1,210.65) Errors ACEVEDO ANNA CELINAALVARADO 31-39-33-00001-0040-00001/0 $ 306.69 Errors SOMMERS FAMILY LAND & FARM LLC 31-39-34-00000-0030-00001/0 $ 1,245.13 Errors MCNALLYALICE 31-39-36-00007-0000-08343/0 $ 531.51 Errors FITZPATRICK JOSEPH AJR 31-39-36-00038-0000-00028/0 $ (1,527.67) Errors TIMMONSCATHERINEANN 32-35-31-00000-5000-00012/0 $ 475.34 Errors CAMPBELL JOHN N (TRS) 32-38-02-00000-3000-00002/1 $ 382.03 Errors EDWARDS SUSAN M 32-39-01-00002-0000-00303/0 $ 1,994.57 Errors CREAN JANICE (TR) 32-39-01-00002-0000-00353/0 $ 439.86 Errors SLATER WILLIAM R III 32-39-01-00002-0000-00388/0 $ 10,298.73 Errors 43 MARSHALL DONALD R (1/2) BESANCON MARK CHESNUTKEN SADHWANI HARISH & DEEPTI SINKOFF DANIEL EICHELBERGER EUGENE THOMSON MARYJANE WOOD DANIEL KASTEN G FREDERICK JR CAPPUCCIO STEVEN & MARY ELLEN PIAZZA KAREN M (TR) LENDL DANIELAA BRAMWELL MARIE WINNA & BOETTICHER SANGERMANO ROBERT MODESITT TIMOTHY I & KATHLEEN SCOTT LINDA HAWTHORNE JENNIFER READ THE PRESERVE AT WATERWAY VILLAGE HOMEOWNERS ASSOCIATION INC RIVERFRONT PACKING COMPANY LLC I M G ENTERPRISES INC SMITH DAVID M (TR) NATIONAL HEALTHCORP L P JOHNSON JENNIFER M JORDAN MATTHEW W WEST DAVID DERRICK ALLEN HENRY LOIACONO BERNICE HOLIDAY BUILDERS INC MILL DEBRA LYNN INDIAN RIVER COUNTY INDIAN RIVER COUNTY INDIAN RIVER COUNTY INDIAN RIVER COUNTY INDIAN RIVER COUNTY DAILY BRIAN P KELLEY SCOTT H FELLJOHN R III 118155 CANADA INC WALTER RONALD L & SUSAN H TOWLES WILLIAM THOMAS JR TOWLES ELIZABETH STARR WELLS DEBORAH A HAUSER CHARLES H COOLIDGE DAVID III (TRS) FLEMING PORTER F DAVIS WILLIAM K COOK DONALD BRUCE PEPPERTREE441LLC ELIA MICHAEL E WELLS FARGO BANK NA (SUC-TRS) DONALD KELLYTRUST C/O KATHY BLAGG MAGEE MICHAEL P (LE) & BARBARA E (LE) WHITE MICHAEL E FLEISCHER BARRY M I.M.G. ENTERPRISES INC RM-TRION SHOPPES OF VERO BEACH LLC THE SOUTHLAND CORP (P) JAY MAHAKALI 1 LLC TSO VERO BEACH LP INDIAN RIVER FLYING SERVICE INC TSO VERO BEACH LP O'ROURKE JAMES MICHAEL MASTERPIECE INITIATIVE INC MASTERPIECE INITIATIVE INC MASTERPIECE INITIATIVE INC MASTERPIECE INITIATIVE INC WINDKISS PROPERTIES LLC 32-39-01-00013-0000-00076/0 $ 8,994.72 Erro 32-39-07-00001-0010-00007/1 $ 3,020.96 Erro 32-39-07-00001-0070-00002/0 $ 465.11 Errors 32-39-07-00001-0080-00002/0 $ 12.40 Errors 32-39-07-00001-0130-00002/0 $ 2,334.57 ErroT 32-39-07-00006-0000-00002/0 $ 2,550.90 Errors 32-39-08-00008-0000-00003/0 $ 266.09 Errors 32-39-09-00003-0000-00009/0 $ 354.83 Errors 32-39-12-00011-0000-00025/0 $ 37,755.64 Errors 32-39-13-00007-0001-00004/0 $ 3,547.39 Errors 32-39-15-00005-0000-00190/0 $ 176.30 Errors 32-39-16-00013-0000-00093/0 $ 911.87 Errors 32-39-17-00002-0050-00023/0 $ 2,033.89 Errors 32-39-17-00004-0000-00078/0 $ 2,540.63 Errors 32-39-19-00001-0100-00004/0 $ 2,784.26 Errors 32-39-21-00003-0120-00010/0 $ 1,809.99 Errors 32-39-22-00016-0000-00034/0 $ 1,451.52 Errors 32-39-22-00016-0000-22022/1 $ 107.50 Errors 32-39-23-00000-5000-00002/0 $ 21,677.11 Errors 32-39-23-00000-5000-00011/0 $ 7,706.43 Errors 32-39-23-00003-0010-00024/0 $ 1,243.03 Errors 32-39-25-00000-5000-00004/0 $ 16,863.63 Errors 32-39-31-00001-0010-00001/0 $ 2,221.27 Errors 32-39-31-00006-0010-00012/0 $ 2,313.86 Errors 32-39-32-00014-0000-00044/0 $ 738.47 Errors 32-39-32-00014-0000-00060/0 $ (3,115.55) Errors 32-39-32-00018-0000-00110/0 $ 2,816.63 Errors 32-39-32-00025-0000-00136/0 $ 1,371.13 Errors 32-39-32-00025-0000-00176/0 $ 125.31 Errors 32-39-33-00004-0000-00021/1 $ 151.04 Errors 32-39-35-00003-0030-00001/0 $ 2,215.09 Errors 32-39-35-00003-0030-00002/0 $ 304.75 Errors 32-39-35-00003-0030-00003/0 $ 285.40 Errors 32-39-35-00003-0030-00007/0 $ 569.25 Errors 32-39-36-00003-0030-00003/0 $ 2,521.85 Errorfi 32-40-07-00002-0050-00215/0 $ 2,375.75 Erro 32-40-07-00003-0070-00318/0 $ 2,369.04 Erro 32-40-07-00006-0000-00153/0 $ 3,763.77 Erro 32-40-07-00006-0000-00155/0 $ 7,689.25 Erro 32-40-07-00006-0000-00255/0 $ 4,536.87 Erro 32-40-07-00006-0000-00256/0 $ 10,657.68 Error 32-40-07-00006-0000-00352/0 $ 6,148.80 Errors 32-40-07-00013-0000-00207/0 $ 6,395.02 Errors 32-40-07-00022-0030-00125/0 $ 7,552.46 Errors) 32-40-18-00002-0000-00144/0 $ 10,059.70 Errors 32-40-18-00057-0000-00012/0 $ 1,400.16 Erro 32-40-19-00006-0070-00025/0 $ 271.52 Errors 32-40-19-00008-0050-00507/0 $ (2.81) Errors 32-40-19-00028-0000-00042/0 $ 3,699.91 Errors 32-40-19-00035-0000-00006/0 $ 1,299.92 Errors 32-40-29-00011-0020-00538/0 $ 1,552.58 Errors 32-40-31-00005-0070-00014/0 $ 1,782.79 Errors 32-40-31-00007-0040-00007/0 $ 4,995.61 Errors 32-40-32-00006-0120-00009/0 $ 4.97 Errors 33-37-16-00000-1000-00002/0 $ 24,518.00 Errors 33-38-02-00001-0050-00001/0 $ 5,108.26 Errors 33-38-02-00001-0120-00003/0 $ 959.96 Errors 33-38-02-00010-0000-00001/0 $ (513.54) Errors 33-38-03-00001-0100-00004/1 $ 23,198.60 Errors 33-38-03-00001-0120-00002/1 $ 3,202.84 Errors 33-38-03-00008-0000-00006/1 $ 1846.21 Errors 33-38-09-00002-0000-00349/0 $ (1,202.55) Errors 33-38-12-00001-0040-00001/0 $ 79,629.42 Errors 33-38-12-00001-0040-00005/0 $ 2,557.78 Errors 33-38-12-00001-0040-00006/0 $ 2,681.61 Errors 33-38-12-00001-0040-00007/0 $ 2,471.61 Errors 33-38-13-00003-0000-00005/0 $ 4,100.21 Errors ENGLEHARTJOHN 33-38-14-00001-0130-00002/0 $ 2,862.92 Errorq LOPEZ MARCELINO 33-38-14-00002-0000-00100/0 $ 2,104.84 Errori THORNTON JOHN CORY 33-38-22-00001-0030-00002/0 $ 1,832.95 Errors WOOD KELLY 33-38-27-00001-0060-00001/0 $ 694.94 Errors NYQUIST B ANDERS (TRS) FBO HARRIET NYQUISTTRUST 33-39-01-00001-0000-00015/1 $ 1,039.58 Errors O'CONNOR BRENDA 33-39-01-00005-0120-00004/0 $ 257.81 Errors HARTY JACK ANTHONY 33-39-01-00005-0220-00049/0 $ 2,773.94 Errors WARREN JOAN (TR) 33-39-01-00005-0230-00026/0 $ 3,510.90 Errors NYQUIST B ANDERS (TR) 33-39-01-00027-0020-00006/0 $ 201.29 Errors BAKER ELLIS THOMSON V 33-39-01-00036-0230-00003/0 $ 17.15 Errors WYNEGARANTONIO 33-39-01-00052-0150-00207/0 $ 1,044.20 Errors DAVENPORT SUNNY LYNN 33-39-01-00056-0060-00013/3 $ 1,652.46 Errors CONFIDENTIAL 33-39-01-00061-0000-00004/0 $ 663.97 Errors BROWN DALE 33-39-02-00002-0090-00008/0 $ 1,244.16 Errors DURANDTODD(TRS) 33-39-03-00018-0020-00007/0 $ 2,166.67 Errors 6590 VERO BEACH LLC 33-39-05-00009-0000-00001/0 $ 713.21 Errors VERO BEACH ASSOCIATES RETAIL LLC 33-39-06-00007-0000-00000/3 $ 2,248.91 Errors COLEYJASONM&RENEE 33-39-08-00001-0140-00002/0 $ 7,904.32 Errors HANSEN CALEIGH C 33-39-09-00001-0140-00002/0 $ 3,139.96 Errors MORELLI-LINEN RENEE 33-39-09-00027-0000-00023/0 $ 752.84 Errors O'ROURKEWINDELJEAN 33-39-11-00002-0040-00006/0 $ 1,387.79 Errors DEMELLOJOHN F 33-39-11-00034-0000-00130/0 $ 309.33 Errors MACMILLAN RONALD JASON (TR)(1/2) 33-39-12-00015-0000-00007/6 $ 69.32 Errors ZONGHETTI JANET B 33-39-12-00034-0040-00001/0 $ 195.09 Errors GOLDBERG ELLEN J (TRS) FBO CRAIG H SPICER & CATHERINE M SPICER IRREV TRU: 33-39-12-00034-0210-00003/0 $ 463.71 Errors JDLS THORNHILL HOLDINGS LLC 33-39-13-00000-1000-00018/0 $ (372.65) Errors BROWN EARL E 1R 33-39-14-00006-0070-00004/0 $ 1,964.98 Errors CASTANEDA NIDIA 33-39-15-00010-0002-00017/0 $ 2,720.06 Errorel KENNEDY NORMAN 33-39-15-00023-0000-00021/0 $ (556.16) Errors)) PATEL TUSHARBHAI & AMISHA 33-39-16-00003-0011-00007/0 $ 873.33 Errors GIBBONS TREVOR D 33-39-17-00003-0011-00005/0 $ 1,037.76 Errors ABELSTACY 33-39-18-00001-0030-00002/0 $ 1,489.33 Errors SCAFETTA VINCENT P 33-39-21-00014-0000-00128/0 $ 1,181.58 Errors FLEMINGSHERRYANN 33-39-21-00016-0006-00035/0 $ 2,543.83 Errors DODDS WILLIAM & KELLY 33-39-21-00017-0000-00030/0 $ 885.87 Errors, REYNOLDS MARK AARON 33-39-23-00016-0000-00186/0 $ 4,456.49 Errors SUN WEIPING 33-39-24-00022-0000-00020/0 $ 2,874.39 Errorq HYATTE SHERRY 33-39-25-00002-0008-00009/0 $ 2,227.49 Errors WILSON SARAH WILLIAMS 33-39-26-00003-0003-00017/0 $ 2,950.26 Errors)I HOLZAPFEL KURT & MICHELLE 33-39-26-00005-0006-00009/0 $ (3,686.01) Erroral HOLMES DEBORA 33-39-26-00006-0007-00022/0 $ 684.45 Errors)), MONTANEZ ELIZABETH 33-39-26-00007-0005-00007/0 $ 2,131.00 Errors VERO FARMS 6350 LLC 33-39-29-00001-0060-00001/0 $ 1,057.47 Errors DUMERLUS FRITZLET 33-39-34-00004-0000-00278/0 $ 1,694.18 Errors TIRICO CHRISTOPHER JOSEPH (PERCOCO) 33-39-34-00005-0000-00165/0 $ 710.60 Errors LORENSON LUAN (TRS) FBO THE JOSEPH LAND TRUST 33-39-35-00002-1390-00024/0 $ 393.32 Errors, ARBATBEATRIZA 33-39-35-00004-0000-00195/0 $ 507.47 Errors! COLES CHRISTINA& GARY 33-39-35-00008-0000-00146/0 $ (1,003.68) Errors' GFVT LLC 33-40-05-00000-0010-00004/0 $ 20,640.19 Errors KELLMAN ELLIOTTA 33-40-05-00001-0020-00004/0 $ 713.97 Errors DREIBELBIS WILLIAM F 33-40-05-00004-0100-00007/0 $ (640.94) Errors GOODHUEFRANCISAIII(TR) 33-40-05-00027-0000-00039/0 $ (900.46) Errors ELLAHHAM SAMER 33-40-08-00008-0000-00049/0 $ 343.46 Errors BASS JEFFERY E & LAURA H 33-40-08-00009-0000-00032/0 $ 99.98 Errors PADULO KATHARINE S (TRS) FBO THE KATHARINE S PADULO REVOCABLE TRUST 33-40-08-00011-0000-00063/0 $ 3,060.65 Errors PAYNE BARRY 33-40-08-00018-0001-00001/0 $ 2,549.66 Errors MILTON HOLDINGS LLC 33-40-08-00018-0001-00002/0 $ 2,192.64 Errors MONTGOM ERY C ALEX 33-40-08-00018-0001-00003/0 $ 2,192.64 Errors MONTGOMERY C ALEX & ELLA LOUISE 33-40-08-00018-0001-00004/0 $ 2,192.64 Errors MEEHAN LUKE JEFFREY & MARY JEHLING 33-40-16-00015-0000-00025/0 $ 2,404.29 Errors ROBINSON JOSEPH D V 33-40-16-00015-0000-00037/0 $ 2,151.33 Errors CLARK E MCMICHAELJR 33-40-16-00020-0000-00035/0 $ 593.26 Errors BADIA LOUIS JJR 33-40-18-00002-0410-00205/0 $ 500.45 Errors PATTERSON SEAN C (TR) FBO THE EDWARD 1 PATTERSON & PATRICIA A PATTERSON 33-40-19-00002-0100-00206/0 $ 1,544.50 Errors FINNAN DIANE P 33-40-21-00006-0000-00010/0 $ 641.62 Errors OCCHINOVITOJ 33-40-27-00016-0030-00001/0 $ 758.65 Errors DAVENPORT SUNNY LYNN 33-40-30-00008-0080-00355/0 $ (1,679.41) Errors 45 CAL INVEST OF VERO BEACH LLP 33-40-31-00000-1000-00006/3 $ I Erro INDIAN RIVER COUNTY 33-40-31-00000-1999-00006/3 $ (221.15) Error EWALD JAMES 33-40-31-00010-0080-00010/0 $ 14,611.20 Errors LOMBARDO SAMUEL N (TR) 33-40-34-00001-0000-00003/0 $ 53,494.67 Errors TITAN FLORIDA LLC 0189000 0000 $ 274.80 Errors HALL & SONS 0194225 0000 $ 338.53 Errors WINN DIXIE STORE INC ASSESSMENT TECHNOLOGIES LTD 0204505 0000 $ 6.24 Errors AMERICAN TOWER MANAGEMENT INC FL 0206607 0000 $ 22.86 Errors AMERICAN TOWER MANAGEMENT INC FL 02066080000 $ 19.53 Errors AMERICAN TOWER MANAGEMENT INC FL 02066090000 $ 13.04 Errors RED STICK GOLF CLUB INC 02091890000 $ 815.93 Errors BED BATH & BEYOND INC 0212237 0000 $ 1,805.53 Errors MIRACLE MILE PLAZA 0215831 0000 $ 379.69 Errors HOLIDAY CVS LLC 0218174 0000 $ 11,476.33 Errors STARBUCKS CORPORATION 0219307 0000 $ 23.88 Errors STARBUCKS CORPORATION 0219828 0000 $ 6.24 Error FLORIDA SE, LLC DARDEN RESTAURANTS INC. 02203460000 $ 51.01 Erro AMERICAN TOWER MANAGEMENT INC FL 02208890000 $ 31.70 Error FOUNDATION BUILDING MATERIALS 0222988 0000 $ 37.19 Error DIVOSTA HOMES LP 0223746 0000 $ 188.72 Errord DIVOSTA HOMES LP 0223804 0000 $ 3,208.43 Error VEROEXPRESS INC 0223973 0000 $ 732.52 Errors AMERICAN TOWER MANAGEMENT INC FL 0223981 0000 $ 224.23 Errors ITT INC 0224028 0000 $ 1,237.88 Errors VERO BEACH KARATE ASSOCIATION INC 0224068 0000 $ 355.07 Errors LU NA SO L YOGA 0224106 0000 43.10 Errors ROSELAND VACATIONS LLC 0224191 0000 $ 203.77 Errors CRYSTAL CAR LINE INC 7100920 $ 556.43 Errors CRYSTAL CAR LINE INC 7200920 $ 246.25 Errors CRYSTAL CAR LINE INC 7300920 $ 1,311.37 Errors CRYSTAL CAR LINE INC 7400920 $ 387.36 Errors TOTAL - ERRORS $ 670,232.40 ST JOHNS RIVER WATER MANAGEMENT DISTRICT 31-38-25-00001-3890-00001 /0 $ 15.28 Insolvencle INDIAN RIVER COUNTY 32-39-35-00003-0030-00001/0 $ 909.09 Insolvencie TOTAL - INSOLVENCIES $ 924.37 KASHI CHURCH FOUNDATION INC (P) 30-38-00-00001-0280-00076/4 $ 18.47 Under Minimu ROSELAND CHURCH INC 30-38-21-00005-0080-00001/0 $ 1.00 Under Minimu ROSELAND CHURCH INC 30-38-21-00005-0090-00004/0 $ 1.00 Under Minimu ROSELAND CHURCH INC 30-38-21-00005-0100-00006/0 $ 1.00 Under Minimum ROSELAND CHURCH INC 30-38-21-00005-0120-00001/0 $ 1.00 Under Minimum SLADE JON JEFFREY (CO -TRS) & BONNIE SUSAN (CO -TRS) 30-38-22-00002-0006-00000/0 $ 14.30 Under Minimum LAMB CHARLENE R 30-38-25-00007-0000-00001/1 $ 23.85 Under Minimum PERKINS EDNA B 30-38-28-00007-0002-00013/1 $ 23.98 Under Minimum WASSERMAN GANGA MAYEE JOYCE 30-38-28-00007-0002-00015/1 $ 20.75 Under Minimum SEACH JANET SADOW 30-38-28-00007-0002-00016/1 $ 26.46 Under Minimum) GROVER ALBERT D 30-39-33-00000-1000-00005/0 $ 2.77 Under Minimuml DYNASTY PROPERTIES OF SOUTH FLORIDA LLC 30-39-33-00000-1000-00006/0 $ 2.85 Under Minimum AUCHINLECK CHARLES MICHAEL 30-39-33-00000-1000-00009/0 $ 2.10 Under Minimuml SHENOY GANESH 30-39-33-00000-1000-00009/1 $ 2.05 Under Minimuml LEOPOLDO SILVIO & VALERIE 30-39-33-00000-7000-00005/0 $ 2.77 Under Minimum DESTINATION SEBASTIAN LLC 30-39-33-00000-7000-00007/0 $ 2.86 Under Minimum GAMUT PROPERTIES LLC CT CORPORATION SYSTEM 30-39-33-00000-7000-00009/0 $ 2.81 Under Minimum GAMUT PROPERTIES LLC 30-39-33-00000-7000-00010/0 $ 2.29 Under Minimum CORDNER HAROLD & LIANNE 30-39-33-00000-7000-00012/0 $ 4.54 Under Minimum CORONER HAROLD 1 & LIANNE K 30-39-33-00000-7000-00013/0 $ 4.64 Under Minimum UNITED REAL ESTATE VENTURES INC 30-39-33-00000-7000-00015/0 $ 1.07 Under Minimum RBCR LLC 31-35-03-00000-1000-00005/0 $ 1.79 Under Minimum LISLE DORIS M (TR) 31-35-03-00000-3000-00002/0 $ 19.56 Under Minimum RBCR LLC 31-35-03-00000-5000-00003/0 $ 3.46 Under Minimum LISLE DORIS M (TR) 31-35-04-00000-1000-00002/0 $ 28.06 Under Minimum LISLE DORIS M (TR) 31-35-04-00000-5000-00004/0 $ 11.03 Under Minimum MILLS KATHRYN (TR) 31-35-06-00000-5000-00001/1 $ 20.32 Under Minimum MILLS KATHRYN (TR) 31-35-18-00000-3000-00001/0 $ 21.25 Under Minimum PRESSLEY RANCH INC 31-35-36-00000-7000-00001/0 $ 29.74 Under Minimum FLORIDAATLANTIC CITRUS PROPERTY OWNERS ASSOCIATION INC 31-37-00-00001-0568-00001/0 $ 29.40 Under Minimum 46 FLORIDA ATLANTIC CITRUS PROPERTY OWNERS ASSOCIATION INC 31-37-00-00001-0625-00001/0 $ 29.49 Under Mini FLORIDA ATLANTIC CITRUS PROPERTY OWNERS ASSOCIATION INC 31-37-00-00001-0677-00001/0 $ 29.45 Under Mini CITY OF FELLSMERE 31-37-00-00001-1441-00003/0 $ 29.00 Under Mini CITY OF FELLSMERE 31-37-00-00001-1441-00004/0 $ 29.00 Under Mini CITY OF FELLSMERE 31-37-00-00002-0000-00046/0 $ 29.00 Under Mini CIN OF FELLSMERE 31-37-00-00004-0020-00054/0 $ 29.00 Under Mini NEW 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33-39-12-00000-1000-00042/1 $ 17.75 Under Mini INDIAN RIVER COUNTY (LESS) 33-39-12-00000-3000-00018/1 $ 15.19 Under Mini SAWMILL RIDGE PROPERTIES INC 33-39-12-00000-3000-00039/0 $ 23.67 Under Mini GRIMM MANAGEMENT LIMITED PARTNERSHIP 33-39-12-00000-3000-00039/1 $ 2.98 Under Mini VILLAGE WALK INC 33-39-12-00043-0000-00001/0 $ 11.83 Under Mini PRESTON ESTATES HOMEOWNERS ASSOCIATION INC 33-39-12-00056-0000-00000/3 $ 21.50 Under Mini HEALTH CARE REIT INC 33-39-13-00000-1000-00014/0 $ 7.09 Under Mini SCHUTT MARGUERITE M (1/2) 33-39-13-00000-7000-00002/1 $ 5.92 Under Mini KING'S BAPTIST CHURCH INC 33-39-13-00022-0000-00001/0 $ 21.50 Under Mini KING'S BAPTIST CHURCH INC 33-39-13-00022-0000-00002/0 $ 21.50 Under Mini CARINI EUGENE & OLIVE B 33-39-15-00001-0080-00019/0 $ 27.77 Under Mini TEMPLE BETH SHALOM OFVERO BEACH INC 33-39-16-00001-0090-00010/1 $ 21.50 Under Mini GRANDE HAMMOCK ASSOCIATION INC 33-39-16-00015-0000-11044/1 $ 21.50 Under Mini GRANDE HAMMOCK ASSOCIATION INC 33-39-16-00015-0000-11044/2 $ 21.50 Under Mini GRANDE HAMMOCK ASSOCIATION INC 33-39-16-00015-0000-11044/3 $ 21.50 Under Mini GRANDE HAMMOCK ASSOCIATION INC 33-39-16-00015-0000-11044/4 $ 21.50 Under Mini GRANDE HAMMOCK ASSOCIATION INC 33-39-16-00015-0000-22022/3 $ 21.50 Under Mini ENRIQUEZ PEDRO &TERESA 33-39-18-00001-0050-00004/0 $ 23.87 Under Mini DM PERFECTION INC 33-39-24-00014-0000-00000/1 $ 11.83 Under Mini TREASURE COAST COMMUNITY HEALTH INC 33-39-26-00001-0010-00002/1 $ 21.50 Under Mini THE COVE AT FALCON TRACE HOMEOWNER'S ASSOCIATION INC 33-39-35-00010-0000-01030/1 $ 21.50 Under Mini THE COVE AT FALCON TRACE HOMEOWNER'S ASSOCIATION INC 33-39-35-00010-0000-01030/2 $ 21.50 Under Mini TREASURE COVE RE HOLDINGS LLC 33-40-16-00004-0000-00021/1 $ 2.37 Under Mini VISTA II INC 33-40-19-00001-0010-00002/1 $ 10.64 Under Mini RICHARDSON SCOTT ERNEST 33-40-21-00006-0004-00000/0 $ 27.22 Under Mini SOUTH PASSAGE ASSOCIATION INC 33-40-28-00000-0030-00003/0 $ 28.88 Under Mini SOUTH PASSAGE ASSOCIATION INC 33-40-28-00000-0030-00004/0 $ 20.28 Under Mini MAASAI SPECIAL PROJECTS FUND INC 33-40-28-00000-0030-00005/0 $ 20.06 Under Mini MREIT LLC 33-40-28-00000-0030-00007/0 $ 23.80 Under Mini FEITOSABERNARDO 33-40-28-00000-0040-00005/0 $ 2.50 Under Mini REDEVGROUP INC 33-40-28-00000-0040-00007/1 $ 5.68 Under Mini HARBOUR SIDE YACHT CLUB INC 33-40-28-00005-0000-00000/1 $ 9.00 Under Mini FLORIDA POWER & LIGHT COMPANY 33-40-31-00000-5000-00004/1 $ 23.67 Under Mini INDIAN RIVER LAND TRUST INC 33-40-31-00005-0010-00001/0 $ 29.00 Under Mini YEAR ROUND LAWN MAINT INC 0065820 0000 $ 20.61 Under Mini STRUNK FUNERAL HOMES PA INC 0115900 0000 $ 9.94 Under Mini OFFUTT BARTON SCHUTT LLC 0123578 0000 $ 26.19 Under Mini BLUE DOLPHIN POOL SERVICE INC 0144085 0000 $ 5.28 Under Mini LE CLASSIQUE JEWELERS &APPRAISERS INC 0177445 0000 $ 13.13 Under Mini M COOPER & CO INC 0189488 0000 $ 3.25 Under Mini RUSSELLPAYNEINC 01919980000 $ 21.07 Under Mini JOHNSON CONTROLS SECURITY SOLUTIONS LLC 01965050000 $ 17.58 Under Mini MOOR & ASSOC ARCHITECTS INC 01974600000 $ 9.67 Under Mini AESTHETIC & RECONSTRUCTION PLASTIC SURGERY, INC 0197690 0000 $ 28.69 Under Mini ZALE DELAWARE INC 0203432 0000 $ 19.51 Under Mini D O T DONUTS & ICE CREAM INC 0206980 0000 19.63 Under Mini PINNACLE TOWERS AQUISTION LLC 02112190000 $ 22.64 Under Mini NORTHEY GJ & V L SEEMAN-NORTHEY 0211244 0000 $ 21.81 Under Mini TUESDAY MORNING INC 0215605 0000 $ 20.71 Under Mini SEBASTIAN INN&SUITES 02159040000 $ 8.58 Under Mini SEBASTIAN FITNESS LLC 02162360000 $ 22.16 Under Mini SAY ITAIN'T SEW INC 02174200000 $ 9.26 Under Mini 50 2602 PETROL INVESTMENTS LLC 0217459 0000 $ 21.22 Under Minimurr DUNLAP CONSTRUCTION LLC 0219442 0000 $ 21.97 Under Minimury BANK OF AMERICA NA 0219454 0000 $ 22.99 Under Minimurr MEDTRONIC USA INC 02194870000 $ 23.34 UnderMinimu DRAGONFLY BOATWORKS LLC 0219793 0000 $ 15.33 Under Minimurr TOWER DEVELOPMENT CORPORATION 02207380000 $ 28.07 Under Minimurr 3000 SAVANNAH PLACE LLC 0220793 0000 $ 26.84 Under Minimurr QUEST DIAGNOSTICS CLINICAL LABORATORIES 02208360000 $ 24.20 Under Minimurr HYG FINANCIAL SERVICES INC 0221399 0000 $ 27.28 Under Minimurr CELLCO PARTNERSHIP VERIZON WIRELESS 02220520000 $ 2.19 Under Minimurr CELLCO PARTNERSHIP VERIZON WIRELESS 0222053 0000 $ 0.95 Under Minimu ADVENTHEALTH MEDICAL GROUP AHMG PEDIATRICS AT VERO BEACH 0222297 0000 $ 18.50 Under Minimu T-MOBILE SOUTH LLC 0222791 0000 $ 25.94 Under Minima DECOR ENVY LLC 0222844 0000 $ 19.29 Under Minimum STATE FARM MUTUAL AUTO INS CO 0223036 0000 $ 27.38 Under Minimum STATE FARM MUTUAL AUTO INS CO 0223037 0000 $ 20.77 Under Minima L3HARRIS TECHNOLOGIES INC 02234740000 $ 23.64 Under Minimun HTEN 0223478 0000 6.91 Under Minima WHIRLPOOL CORPORATION 02234810000 $ 10.51 Under Minimun STATE FARM MUTUAL AUTO INS CO 0223521 0000 $ 3.68 Under Min-w m T-MOBILE SOUTH LLC 0223697 0000 $ 16.57 Under Minimu HC SALON HOLDINGS INC 0223757 0000 20.30 Under Minima � OWENS CUSTOM RUGS LLC 02238540000 $ 19.78 Under Minimum SYNCHRONY BANK 0223929 0000 $ 1.36 Under Minimum STATE FARM MUTUAL AUTO INS CO 0223960 0000 $ 18.74 Under Minimum MAXIMUM VELOCITY GYMNASTICS INC 0224038 0000 $ 10.47 Under Minimum PREMIERE AUTOMOTIVE OF THE TREASURE COAST LLC 02240410000 $ 11.89 Under Minimum THE CHESNUTT LAW FIRM 0224084 0000 $ 10.26 Under Minimum ROCKITCOIN LLC 02240960000 $ 25.40 Under Minimunh VERO BEACH PEDIATRICS LLC 0224116 0000 $ 5.84 Under Minimum HAPPY GIRL WINE COMPANY LLC 0224125 0000 $ 23.67 Under Minimum UNISYS CORPORATION 02241530000 $ 21.29 Under Minimum UNISYS CORPORATION 02241540000 $ 21.13 Under Minimum T-MOBILE SOUTH LLC 02241790000 $ 9.58 Under Minimum T-MOBILE SOUTH LLC 0224182 0000 $ 28.36 Under Minimum INVESTORS TITLE INSURANCE COMPANY 02241920000 $ 21.72 Under Minimu RIVER TWIST 0224233 0000 $ 7.03 Under Minimu CHEVRON USA INC 7100014 $ 17.76 Under Minima WALTER HAFFNER CO 7100286 $ 0.24 Under Minimu HERZOG RAILROAD SERVICES INC 7100320 $ 24.82 Under Minimu CHEVRON USA INC 7200014 $ 7.84 Under Minimu HERZOG RAILROAD SERVICES INC 7200320 $ 10.97 Under Minimu't S M B C RAIL SVC LLC 7200338 $ 25.56 Under Minimu NORTHERN METALS, LLC 7300945 $ 0.04 Under Minimu CHEVRON USA INC 7400014 $ 12.34 Under Minimu HERZOG RAILROAD SERVICES INC 7400320 $ 17.29 Under Minimu TOTAL -UNDER MINIMUM $ 5,883.47 DISCOUNTS ALLOWED TOTAL-DISCOUNTS $ 14,954,644.98 GRAND TOTAL- ERRORS, INSOLVENCIES, UNDER MINIMUM, AND DISCOUNTS $ 15,631,685.22 51 INSTRUCTIONS 1 To Tax Collectors: 1. Use this for the last sheet on your report of discounts, errors, double assessments, and insolvencies. 2. Do not list any item without showing the reason for reduction in the right-hand column. 3. As much as possible, group together all items coming under one heading. For instance, place all errors under one heading, all double assessments under another, exemptions under another, etc. 4. For exemptions, specify whether widow, veteran, homestead, disability, etc. Tax Collector Recapitulation I, Carole Jean Jordan , Tax Collector of Indian River County, Florida, certify this is a report of all discounts, errors„ double assessments, insolvencies, and federal bankruptcies on the assessment roll for 2023 ; that the discounts were actually earned for the month as shown; that the attached list shows all errors and double assessments as the property appraiser certified; that I have allowed no exemptions, other than those the attached list shows as certified by the property appraiser; that each item marked insolvent on the attached list is in fact insolvent and, although I have made a diligent search, I have been unable to find the tangible personal property to levy on to enforce the payment of the tax; and that I have not collected any of the items on the attached list. I am entitled to credit against the 2023 assessment roll on the following amounts Signature, fax Collector Discounts 14,954,644.98 Errors 670,232.40 Double Assessments 0.00 Insolvencies 924.37 Federal Bankruptcies 0.00 Other: (specify) Under minimum 5,883.47 Total 15,631,685.22 Indian River 06/24/2024 County Date 52 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Department of Community Services / Human Services Date: June 21, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director Megan Kendrick, Human Services Manager T AGENDA 07-02-2024 From: Leigh Anne Uribe, Human Services Program Coordinator Subject: Annual HUD Grant Renewal for Continuum of Care (CoQ Program BACKGROUND The U.S. Department of Housing and Urban Development (HUD) offers permanent, supportive housing to persons experiencing homelessness as well as services including health care and mental health counseling. On behalf of Indian River County, grant applications are submitted by Treasure Coast Homeless Services Council, Inc. (TCHSC) for funding of these services. Once awarded, TCHSC administers the grant funds for Continuum of Care (CoC) programs in cooperation with the Human Services Division. The grant listed below is awarded to Indian River County and is renewing in 2024. Grant Number Project HUD Funding Performance Period FLOI14L4H092316 ALCOHOPE Renewal $1,181,964 04-01-2024 ends 03-31-2025 FUNDING The grant requires NO MATCHING FUNDS from the County and there are no changes from previous years in the method the funds are to be disbursed. RECOMMENDATION Staff recommends the Board acknowledge the renewal of the grant awarded by HUD in the amount of $1,181,964 and authorize Chairman to execute the Continuum of Care Program Grant Agreement. ATTACHMENTS (1) HUD Award Letter 53 Page Two HUD Grant Renewal for Continuum of Care (CoC) Program June 21, 2024 DISTRIBUTION Rayme Nuckles, Treasure Coast Homeless Services Council Elissa Nagy, Finance Director APPROVED AGENDA ITEM July 2, 2024 54 Q,�"=a. ne fit �u U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, DC 20410-7000 yS OFFICE OF ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT February 26, 2024 Ms. Leigh Uribe Human Services Programs Coordinator Indian River County Board of County Commissioners 1801 27th Street Vero Beach, FL 32960 Dear Ms. Uribe: Congratulations! I am delighted to inform you of the funding for your project(s) under HUD's Notice of Funding Opportunity (NOFO) for Fiscal Year (FY) 2023 Continuum of Care Competition and Renewal or Replacement of Youth Homeless Demonstration Program Grants for a total of $1,181,964. The CoC Program is an important part of HUD's mission. CoCs around the country will continue to improve the lives of men, women, and children through their local planning efforts and through the direct housing and service programs funded under the FY 2023 CoC Program Competition. Projects like those of your organization, funded through the CoC program, continue to demonstrate their value by improving accountability and performance every year. The enclosure provides details about your organization's award(s) including: the name(s) of the individual project(s); the project number(s); and the specific amount(s) of the obligation(s) for each project. HUD field office staff will notify you when they are available to process grant agreements; once all conditions are satisfied and the grant agreement is executed, your organization can expend funds. HUD commends your organization's work and encourages it to continue to strive for excellence in the fight to end homelessness. Sincerely, Marion McFadden Principal Deputy Assistant Secretary Office of Community Planning and Development www.hud.gov espanol.hud.gov 55 Enclosure FLO l 14L4HO92316 2023 Alcohope Renewal $1,181,964 Total Amount: $1,181,964 56 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney F Of Ce of Consent 07/02/2024 INDIAN RIVER -COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: Kirstin Leiendecker, P.E., Interim Public Works Director FROM: William K. DeBraal, County Attorney DATE: June 25, 2024 SUBJECT: Drainage Easement Agreement for 11th Drive The Harbor Bluffs development is located north of 3711 Street on either side of 11th Drive. The project is being constructed in phases, with the single-family phases on the northwest side of 11th Drive, now known as Costa Pointe PD, and the multi -family phase on the southwest side of 1111 Drive now known as Verity PD, collectively referred to as the Projects. Please see the aerial photo attached to this memorandum. The developers of the Projects are currently constructing 11th Drive from 37th Street to 41St Street pursuant to a Developers Agreement dated October 22, 2019. Part of the Developers Agreement calls for the developer of the multi -family phase of the project, TTRES FL Vero Beach 11th, LLC (TTRES) to take in stormwater from the newly constructed 11th Drive into the Verity PD stormwater treatment system. The Developers Agreement calls for TTRES to dedicate without compensation a drainage easement to convey the stormwater into the Verity stormwater pond on the west side of 11th Drive, and for the County to maintain the underlying pipe in the easement. The attached Drainage Easement Agreement for 11th Drive establishes the necessary drainage easement and confirms the County's maintenance obligation contained in the Developer's Agreement. A sketch and legal description of the Drainage Easement Agreement for 11th Drive is included with the easement. Funding. The only impact to County funds brought about by this easement are recording fees in the amount of $61.70 which is currently budgeted and available from Traffic Impact Fees 2020/District 2/Aviation Ext-US1 to 37th & 41St Street via 11th Drive, Acct# 10415241-066510-22010. Recommendation. Staff recommends the Board of County Commissioners approve the Drainage Easement Agreement for 11th Drive and authorize the chairman to sign the Drainage Easement on behalf of the Board. Attachments: Aerial photo of 1111 Drive Drainage Easement Agreement for 11th Drive Copies to: David Arons, Attorney for TTRES at darons@saxon-partners.com Kirstin Leiendecker, P.E., Interim Public Works Director 57 EJ Parcels Street Centerlines Subdivisions i._ Municipal Boundaries 2 IRC -Private -Schools Government Facilities .FEDERAL GOVERNMENT COUNTY GOVERNMENT r1*,CAL GOVERNMENT 9- SCHOOL HOSPITAL $IRE STATION uw ENFORCEMENT SST£ PARK « CbUNTY PARK • OTY PARK 0JIOAT RAMP s' CANOE LAUNCH CANOE LAMNO Golf Courses Water Parcel ID 32392500000500000003.4 Prop ID 49715 Owner TTRES FL VERO Last 2 Sales SeclTwp/Rng 25-32-39 Class 1000 - Vacant Address KACH 11TH LLC: Date Price Instr Qual Property 385011TH DR Commercial IttWINIUMENTC0. Type Address VERO BEACH Acreage 18.28 '500 4/11/2024 $12400000 Qualified Q ANAPOLIS, IN -01 #6M M2021 $4100000 Qualified Q -04 Plot Bocce„ District 7-COLINry-NO SEBASTIAN INLET Brief Tax Description SEC 25 TV* 32 S RGE 39 E A PARC OF LANDLDOWD IN THE SWO"U611111111111140AMIlk 25 BEING MORE PART DESC AS FOLL COM AT THE NW COR OF THE SAID SW QTR OF Ti$ SW QTR OF SAID SEC 25 TH N89 -58-30E ALONG THE N LINE OF THE SW QTR OF THE SW QTR A DIST OF 30 FT 58 DRAINAGE EASEMENT AGREEMENT FOR 11TH DRIVE THIS GRANT OF EASEMENT, made and executed this /�, day of April, 2024, by TTRES FL Vero Beach 11th, LLC, a Delaware limited liability company, whose post office address is 111 Monument Circle, Suite 1500, Indianapolis, IN 46204, hereinafter called GRANTOR, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960, hereinafter called GRANTEE. WITNESSETH: That GRANTOR for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, receipt of which is hereby acknowledged by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE, an easement for construction and maintenance of drainage and stormwater facilities to provide stormwater treatment for 11th Drive over, across and beneath the following described land, situate in Indian River County, Florida, to -wit: See Exhibit "A" attached hereto, entitled "Legal Description & Sketch for a Drainage Easement at the Proposed Verity Site" Section 25, Township 32 South, Range 39 East, Indian River County, Florida, dated February 12, 2024 and revised per comments 3/16/24 And GRANTOR hereby covenants with said GRANTEE that the GRANTOR is lawfully seized of said servient land in fee simple, and that the GRANTOR has good right and lawful authority to convey the easement established hereby; and will defend the same against the lawful claims of all persons whomsoever. And GRANTOR reserves for itself, its successors and assigns, all right of passage and use over, upon, and across all easements described herein, including the right to engage and permit others to engage in all uses of the property not inconsistent with the purposes of the easements described herein. And GRANTEE and its successors and assigns will be responsible for the operation and maintenance of the drainage pipe within the 11th Drive right of way that flows into the detention basin that is depicted as the "Subject Easement" area (1.4313 acres) on Exhibit "A" (Sheet 3 of 4) attached hereto. And GRANTOR and its successors and assigns will be responsible for the operation and maintenance of the drainage and stormwater facilities within the Subject Easement area through the outfall to the fifteen (15) foot wide drainage easement shown on Exhibit "A" (Sheet 2 of 4) attached hereto. 59 IN WITNESS WHEREOF, TTRES FL Vero Beach 1111, LLC has executed this Drainage Easement Agreement as of the date first written above. TTRES FL Vero Beach 11th, LLC, a Delaware limited Yabiliy company By: Brian S worth, as Authorized Representative Signed, sealed, and delivered in our presence: Two witnesses Witness signature: U, Printed witness name: A"a ALIAe Witness address:04 fl Witness signature: Printed witness name: N HA L C cic h �— L4�0 7 Witness address: o� 33 EQbe(+ Rd we tries d., w v STATE OF INDIANA t!jj&jJW County On this� day of April, 2024, before me, the undersigned notary public, personally appeared Brian Southworth, as Authorized Representative of TTRES FL Vero Beach 11th, LLC, personally known to me to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose as Authorized Representative for and as the free act and deed of TTRES FL Vero Beach 11 b, LLC. 0%%111111111/1 �11/1' `\.``�P,,o�iniaaioq•F C,F�� 1 A �• NOTARY u: PUBLIC _ SEALIx _ On CooNeo^•p, .Numb�c, i�10 1111if 11F ,N%%�`P��` •F otary Public iteett My Commission Expires: /0 —.?—/—� (Official Signature and Seal of Notary) 2 ; 60 _ ; COAMENCING AT THE NORTHWEST CORNER OF THE SAID SOUINWEST ONE-WAM ONE-WA::OF THE SOUTHWEST OF SW SECTION 25; THENCE NORTH BMW* EAST ALONG THE NORTH UWO THE SAID SOUTHWE$r OF ` 3 THWES ` ONE -QUARTZ R OF SAID SMOON 25, A DjSTANCE Q 1"� ' FST Ml A POINT, - 00'D3'45' &W A: DISTANCE OF 15.00 FEET TO AN IN TERSE WITH :THE SOU � • .0' DRAB RECORDED IN CIAL RECORDS BOOK 3 573. PAW , MAXRECOR AIS THE POINT OF BEGINNING OF THE HEREW THENCE ANCE OF 75.63 FEET; TFIENQE SOUTH 37wivo f A 1E, tboft 'OF 88. as F #� 170'35 5 1 A DISTANCE OF 49.08 Ii> ET, THETJC Nd!'> i 25` " " . A. STANCE V A POINT OF 1 17URE ON A CIRCULAR CURVE, THENCE SOUTHWESTERLY CURVE, HASP .I n • OF 30.00 FEET, A CENTRAL ANGLE OF 90'00'00" FOR AN ARC DISTANCE O1: 41.0 FEET TO A ' OF ICY THENCE OD'C18'35" WEST A DISTANCE OF 196.50 1rT 71Ml%C NORTH +R4= TV WEST A STANCE bF 29.91!` ITERSI:`C'1TON WITH THE EAST RIGHT OF WAY LINE OF 111N DRIVE AS DESCRIBED IN OFRCIAL RECORD 90* ISA 1825 OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLOR/a THENCE SOUTH 00'08'35" WEST ALOWt RIGHT OF WAY UNE A DISTANCE OF 11.96 FEET 'E 8W.* SMW &' A � OF 29.90 iH /CE SOUTH 00'0835" WEST A DISTANCE OF 94.92 Fri' TV A POINT- CURVi1TURE ill **VE; TNEV THEASTERLY ALONG SAID CURVE~ HAVING A RADIUS 0lr J&d6 MT, THROUGH A CElV# h4LOF 9072'06 AN AMC DISTANCE OF 47:32 Fes' TO A POINT OF TANGEM T'11 RMN 894621` a�TAI FEET M A POINT OF CUR`MA1t E ON A CIRCULAR CURVE; THENCE NORI EASTERLY AL O CfIM . RADIUS OF 65,00 FEET, THROW A CENTRAL ANGLE OF 90 00'00". FOR AN MC DISTANCE OF 10 110.WTM A OF TANGENCI; THENCE NfIMt1M 13'41' WEST A :MTAUM OF 4U.73 J7F 811."" Iii CE OF 4.00 FEET; THENCE Nil Il33f" i A DISTANCE OF 5.00 FEET; 8958'30" EAST DANCE OF 4.00 THENCE NONW4007;WWWADISTANCE OF 104.90 F11 TH 89 5830" INCE OF 4M, FEET, THENCE NORTH1'f3'+' Wr A. DWMW. OF 460 Fl x## 89'58'.1(0" A DISTANCE OF 4.100 FEET THENCE NORTH 0013;7[' AMT :A MVJW OF 10.38 FEET '> A OF CURVA A DIRCULAR CURVE THENCE NORTHWESTERLY .W�IV?NG A RADIUS -. FEET, CENMM ANGLE OF WW547 FOR AN ARC .QMTAW OF. 101.87 r TO A PQNV -A 89 51'25' WEST A DIBTANCE ar 23.17 FEET,• THENCE NORTH- 00 35'52` WEST A Y OF 45.72 A" #* NC - NORTH 374842" EAST A DISTANCE OF 88.88 FEET,• THENCE NORTH 0003'45" W£ST.A 06 %WCE OF 79;05 FEET TO Al IN7ERSEG77ON WITH THE SAID SOUTH LINE OF THE DRAINAGE CASWENT THENCE S+bJM B9' '$Q" WEST AIDING SAJ SOUTH LINE A .DISTANCE OF 1.0.00 FEET TO THE POINT OF BEGINNING. CONTAINING 82,347.95 SQUARE FEET OR 1.4313 ACRES, MORE OR LESS. Q ogf CHORD I T . T BY SIL>TYING AND SEALS THIS DESOW70M I HEREBY CERTIFYFvi E LENGliki C y If�TIOfY OF THE PRQiPI£RTY Dezvew i Ws COM PLE AND THAT 5AfD 'p£S�RIP'iiDt+I X�' d �,� NONE : T 4 1!1Y �CTKSI .IS . 1 Call OFFl , SDS BOOK 0F` MY P I�IDW AND BELIEF.. I F'1 "O. CERTIFY .� I'.1R _ PLAT K DESCRIPT1E7hf AND SKE7W WAS MADE U01M QTY RESPONSIBLE CHAINWX AND PAGE MEETS THE APPLICABLE STANDARDS OF PRACTICE REQUIREMEN-M FOR A ft0= � PARC$;' AND1111FICATION POINT BEGINNING DESCRIPTION AND SKETCH AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 5J-17 OF THE FLORIDA pQC* POINT O COMMENCEMENT ADMINISTRATIVE CODE PURSUANT TO SM71ON 1W OF F 1GwN P.. POINT . CURVATURE POINT STATUTES. NO SEARCH OF THE 0 I�L? IC S WAS MADE #V RADIUS thr BEARING BASIS FIOR THE DOCRIPT& C l*ITAINED IS T1 E EAST RIGHT OF I+WIY LN!IE OF SECTION 28�,=1E .tlI BES NOObB'35"E. ,rens-. SECTION-TO�r 00 SKETCH EO= S- OM -Y F=OR THE PURPOSE OF ILLUtM.1W FST± FLORIDA DE DESCRIPTION TO WHIM IT IS AITA04M Qf. cst41iti1tlitlil[�tts ,lik tAuiucAlTC -4AJZ r..�vrA�- 3+c.�crr�r.�zvty a� .��,r�.rr 1M6R.v •. � �,t •. .,� "7hlsjsN0TaBbundvvaQz4 43 #'R ESSIONAL ED%fWRS :AW "PPM - LAND Sl1RVEM0 BiA4 1655 27th Str"f Suite 2 �IRp .� Phone: 1 99 1 tit ■ . � Drawing Name 14-DE-Verity.dwg STA POINTE PHASE 2 m (PROPOSED) O Y SE 114 OF SE 114 t SECTION 26 -32S -39E tTH LINE WIW,S"V'7�WSW OF THE SW JA OF XVMW 1 1 N�N Ur *f = a i 60' R 3256, �• W. .li �sMIME N r K :: Ri;!!�1/�imi,�iI gMWAMOMLflMir�OMMM •• AW M �a�� AM, 2ft O . * Wo iib Flo►tdc 3 Pllawt (7m 6�So0 #'qtr 1 -*06 Y t tTH LINE WIW,S"V'7�WSW OF THE SW JA OF XVMW *f = a .li �sMIME Curve Table Cu'r've I Length Roko. . Delta Chord Bearing. 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ON & SKt awn 1�1 'Wirls NOT a Boundw ►r�pAE OT P29f1m 'YM A 0W r Lob $069" SWAM POW 7¢55 27t1i 5tre6t, tufite ;1O Phone: (772) 564-6050 1194.-": Vl7 Ofce of Consent Agenda 0710212024!" INDIAN RIVER COUNTY;' ATTORNEY{ William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, County Attorney DATE: June 25, 2024 SUBJECT: Termination and Release of Easement In 1997, the County acquired the attached Easement for clearing, regrading and maintaining a ditch located roughly north of the intersection of County Road 510 and 66th Avenue. Unfortunately, the legal description used in the Easement is vague and after consultation with the County Surveyor, a definite location of the Easement could not be determined in the field. The County Attorney's Office was recently contacted by CQCC Investments, Inc., a Florida corporation. CQCC owns several parcels of property in the same vicinity as the Easement and seeks to unify the parcels. See the attached aerial photo depicting the CQCC parcels. The title company reviewing title for the unification of the parcels encountered the Easement, which due to its vague legal description, acts as a cloud on the title of the nearby CQCC properties. CQCC has asked the County to abandon the Easement and after consultation with the Public Works Department and the Community Developmental Services Department, no objection was raised. Funding. There is no impact to County funding as CQCC has agreed to pay for the costs of recording the attached Termination and Release of Easement. Recommendation. Staff recommends the Board of County Commissioners approve the Termination and Release of Easement and authorize the Chairman to execute the Termination. Attachments: 1997 Easement Aerial photo of the area Termination and Release of Easement Copies to: Tracy Lutz, Esq., Attorney for CQCC 66 1016067 97 SEP -5 PM 3:52 7128/97(Deedldrainease)Vk � Parcel ID #29-31-39-00000-5000-00076.0 yl DOCUMENTARY STAMPS r 1' tN THE cEK 8�-pk DEEDS . 7 6 t_ CLEPKCIRCU1T :� ft FLXNOTE j tNOV+Na,VERCo- EASEMENT JEFFREY K. RARTt1N. CLERK INDIAN RIVER COUNTY This Grant of Easement, made and executed this f'day of uG A.D., 1997, by JACKSON BROS GROVES, INC., a Florida corporation, the adadress of which is Post Office Box 307, Vero Beach, FL 32961, hereinafter called GRANTOR', to INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960, hereinafter called GRANTEE', 'Whenever used herein the teen GRANTOR and GRANTEE include au parties to thrs instrurnent and their heirs, legal re"sentatives, successors, and assigns WITNESSETO: That GRANTOR for and in consideration of the sum of One Dollar and other consideration, receipt of which is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey, and confirm unto the GRANTEE an easement for the purposes of cleaning, re -grading, and maintaining the existing ditch along, over, across, and beneath the following described land, situate in Indian River County, Florida, to -wit: A 15 -foot wide easement running 150 lineal feet along the existing drainage ditch in the NW % of the SW V. of Section 29, Township 31 South, Range 39 East.. And GRANTOR hereby covenants with said GRANTEE that it is lawfully seized of said servient !and in fee simple, and that A has good right and lawful authority to convey the easement established hereby, subject to mortgages and other encumbrances or restrictions of record. IN WITNESS WHEREOF, the GRANTOR has herein set its hand and seal the day and year first above written. Signed, sealed and d ivered in the JACKSON BROS GROVES, INC. prese of: , % +- �( sign %` Byrc-- Pn a name: Jackie ennamon ' Sign � 9- print ame: John Fo2e}' ' t r 1:},.,t✓"� `+ter- STATE OF FLORIDA .ry.• : -. OA COUNTY OF INDIAN RIVER t0 The foregoing instrument was acknowledged before me this 2 9 t h day of Au R U s t i 997 by all Ravmond Jackson as Vice -President of JACKSON BROS GROVES.TES. INC.. a Florida � corporaat�on, 5� 'l a34 0 S&aj corporation. S/he is personally known to me or produced Fi 1 N as identification. CD Exn 9-30-2000 NOTARY PUBLIC sign alft- ik4z�lj printed name and commission # Ana L Krieger �. AMA L. RAltb[tt i carrass+a+ s ir `resat C C 5& 61 31 Evrts�1ra i * TICS dorament we@ "ared til 'tp t AnAK X 11100p16 00.1W and t10:::.l 5-! tLc {',- �. .cat' i.. •r. Fiuri" S2.40 67 Indian River County, FL Overview I Legend El Parcels Street Centerlines Subdivisions i Municipal Boundaries 2 IRC -Private -Schools Government Facilities V FEDERAL GOVERNMENT COUNTY GOVERNMENT • LOCAL GOVERNMENT SCHOOL {;I HOSPITAL FIRE STATION » LAW ENFORCEMENT 4 STATE PARK COUNTY PARK CITY PARK BOAT RAMP • CANOELAUNCH CANOE LANDING Golf Courses Water Owner CQCC Last 2 Sales Address INVESTMENTS Date Price InstrType Qual INC 12/29/2015 $100000 Qualified- Q 304 INDIAN 05 TRACE #108 12/29/2015 $100 Unqualified U WESTON, FL -11 33326 Plat Book Link District 1- NORTH COUNTY W/SEB INLET Brief Tax Description NW 114 OF SW 1/4 SEC 29-31-39, LESS TO BRADLEY ET AL; LESS E 25.00 FT FOR RD R/W AS IN OR BK 413 PP 751; LESS W 35.00 FTOF N 293.60 FT; LESS W 35.00 FT OF S 264.00 FT OF N 821.60 FT; LESS W 199.00 FT OF S 264.00 FT OF N 557.60 FT THEREOF;LESS FOLL DESC PA NOTE: NOT TO BE USED ON LEGAL DOCUMENTS Date created: 6/26/2024 Last Data Uploaded: 6/26/2024 6:05:07 AM 68 Parcel ID 31392900000500000076.0 ProplD 39154 Sec/Twp/Rng 29-31-39 Class 0000 - Vac Property 87TH ST Res,MH,MFam,POI,AgZN Address SEBASTIAN Acreage 12.9 Overview I Legend El Parcels Street Centerlines Subdivisions i Municipal Boundaries 2 IRC -Private -Schools Government Facilities V FEDERAL GOVERNMENT COUNTY GOVERNMENT • LOCAL GOVERNMENT SCHOOL {;I HOSPITAL FIRE STATION » LAW ENFORCEMENT 4 STATE PARK COUNTY PARK CITY PARK BOAT RAMP • CANOELAUNCH CANOE LANDING Golf Courses Water Owner CQCC Last 2 Sales Address INVESTMENTS Date Price InstrType Qual INC 12/29/2015 $100000 Qualified- Q 304 INDIAN 05 TRACE #108 12/29/2015 $100 Unqualified U WESTON, FL -11 33326 Plat Book Link District 1- NORTH COUNTY W/SEB INLET Brief Tax Description NW 114 OF SW 1/4 SEC 29-31-39, LESS TO BRADLEY ET AL; LESS E 25.00 FT FOR RD R/W AS IN OR BK 413 PP 751; LESS W 35.00 FTOF N 293.60 FT; LESS W 35.00 FT OF S 264.00 FT OF N 821.60 FT; LESS W 199.00 FT OF S 264.00 FT OF N 557.60 FT THEREOF;LESS FOLL DESC PA NOTE: NOT TO BE USED ON LEGAL DOCUMENTS Date created: 6/26/2024 Last Data Uploaded: 6/26/2024 6:05:07 AM 68 PREPARED BY AND AFTER RECORDING RETURN TO: Lawton Whiteman Lutz Attention: Jason Whiteman, Esq. 102 NE 1 st Avenue, Suite 200 Delray Beach, Florida 33444 Parcel ID No. 29-31-39-00000-5000-00076.0 Cross -Reference: Official Records Book 1169, Page 1520 TERMINATION AND RELEASE OF EASEMENT This TERMINATION AND RELEASE OF EASEMENT (this "Termination") is made and entered into as of this day of , 2024 by INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1801 271' Street, Vero Beach, Florida 32960 ("Indian River County"). WITNESSETH: WHEREAS, Jackson Bros Groves, Inc., a Florida corporation, executed that certain easement in favor of Indian River County, dated August 29, 1997, recorded on September 5, 1997 under Instrument Number 1016067 in Official Records Book 1169, Page 1520, of the Public Records of Indian River County, Florida (the "Easement"), burdening certain real property located in Indian River County, Florida, described as Parcel Identification Number 29-31-39-00000-5000- 00076.0 in the Easement and more particularly described on Exhibit "A" attached hereto (the "Burdened Property'); WHEREAS, the Easement provided Indian River County with access to the Burdened Property for the purposes of cleaning, re -grading, and maintaining the existing ditch. WHEREAS, Indian River County has ceased to use and has abandoned the easement thereby granted; and WHEREAS, Indian River County agrees to terminate the Easement and release its rights, privileges, and easement over the Burdened Property. NOW, THEREFORE, in consideration of the sum of Ten and No/100ths Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Indian River County agrees as follows: 1. Recitals. The foregoing recitals are true and correct and are incorporated herein by reference as if fully set forth herein. 69 2. Release and Termination of Easement. Effective as of the recording of this Termination, Indian River County hereby forever releases, terminates and abandons its rights under the Easement and to the easement rights over the Burdened Property described therein. 3. Severability. All provisions of this Termination are intended to be severable. If any provision of this Termination is deemed void or unenforceable by any court of competent jurisdiction, then the remaining provisions shall continue in full force and effect. 4. Successors and Assigns. The terms and conditions of this Termination shall apply to, bind and inure to the benefit of the present owner of the Burdened Property., CQCC Investments, Inc., a Florida corporation, and its successors in interest, successors in title, and assigns of the Burdened Property. 5. Recording. This Termination shall be recorded in the Public Records of Indian River County, Florida where the original Easement was recorded. [SIGNATURE PAGES FOLLOW] 2 70 EXHIBIT "A" LEGAL DESCRIPTION OF THE BURDENED PROPERTY Parcel ID No. 29-31-39-00000-5000-00076.0 THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT THOSE PARCELS CONVEYED BY DEEDS RECORDED IN DEED BOOK 4, PAGE 349; DEED BOOK 4, PAGE 364; DEED BOOK 4, PAGE 371; DEED BOOK 4, PAGE 405; DEED BOOK 4, PAGE 442; DEED BOOK 13, PAGE 396; DEED BOOK 13, PAGE 517; DEED BOOK 14, PAGE 27; DEED BOOK 14 PAGE 330; DEED BOOK 23, PAGE 120; DEED BOOK 23, PAGE 121; DEED BOOK 23, PAGE 588; DEED BOOK 39, PAGE 329; OFFICIAL RECORDS BOOK 217, PAGE 225; OFFICIAL RECORDS BOOK 241, PAGE 198; OFFICIAL RECORDS BOOK 241, PAGE 199; OFFICIAL RECORDS BOOK 252, PAGE 509 AND OFFICIAL RECORDS BOOK 688, PAGE 1733; LESS AND EXCEPT: E 25.00 FEET FOR ROAD RIGHT OF WAY AS RECORDED IN OFFICIAL RECORDS BOOK 413, PAGE 751, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT PARCELS 2 AND 3, OFFICIAL RECORDS BOOK 3592, PAGE 376, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT OFFICIAL RECORDS BOOK 2891, PAGE 744, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; LESS AND EXCEPT OFFICIAL RECORDS BOOK 2286, PAGE 2380, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; AND ALSO LESS AND EXCEPT THE SOUTH 210 FEET OF THE EAST 210 FEET OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29. A.K.A. DESCRIPTION BY SURVEYOR A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29, RUN N89°28'06"W, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4, FOR A DISTANCE OF 330.00 FEET TO A POINT; SAID POINT BEING THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND: FROM THE POINT OF BEGINNING, CONTINUE N89028'06"W, ALONG SAID SOUTH LINE, FOR A DISTANCE OF 165.00 FEET TO A POINT; THENCE DEPART SAID SOUTH LINE AND RUN N00°37'2511W FOR A DISTANCE OF 264.06 FEET TO A POINT; THENCE RUN N89°28'06"W FOR A DISTANCE OF 82.50 FEET TO A POINT; THENCE RUN S00°3725"E FOR A DISTANCE OF 264.05 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S89°28'06"W, ALONG SAID SOUTH LINE, FOR A DISTANCE OF 397.95 FEET TO A POINT; THENCE DEPART SAID SOUTH LINE AND RUN N00049'06"W FOR A DISTANCE OF 1349.58 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S89°2442"E, ALONG SAID NORTH LINE, FOR A DISTANCE OF 447.54 FEET TO A POINT; THENCE DEPART SAID NORTH LINE AND RUN S0003T25"E FOR A DISTANCE OF 200.05 FEET TO A POINT; THENCE RUN S89°2442"E FOR A DISTANCE OF 173.20 FEET TO A POINT; THENCE RUN N0003725"W FOR A DISTANCE OF 200.05 FEET TO A POINT ON THE NORTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4; THENCE RUN S8912442"E, ALONG SAID NORTH LINE, FOR A DISTANCE OF 165.00 FEET TO A POINT; THENCE DEPART SAID NORTH LINE AND RUN S00037'25"E FOR A DISTANCE OF 400.60 FEET TO A POINT; THENCE RUN N89"28'06"W FOR A DISTANCE OF 165.00 FEET TO A POINT; THENCE RUN N00°3725"W FOR A DISTANCE OF168.15 FEET TO A POINT; THENCE RUN N89°28'06"W FOR A DISTANCE OF 130.04 FEET TO A POINT, THENCE RUN S0003T25"E FOR A DISTANCE OF 60.01 FEET TO A POINT; THENCE RUN N89028'06"W FOR A DISTANCE OF 34.96 FEET TO A POINT; THENCE RUN S00°3725"E FOR A DISTANCE OF 264.05 FEET TO A POINT; THENCE RUN N89028'06"W FOR A DISTANCE OF 165.00 FEET TO A POINT; THENCE RUN S00037'25"E FOR A DISTANCE OF 264.02 FEET TO A POINT; THENCE RUN S89°28'06"E FOR A DISTANCE OF 165.00 FEET TO A POINT; THENCE RUN S00037'25"E FOR A DISTANCE OF 50.01 FEET TO A POINT; THENCE RUN S89028'06"E FOR A DISTANCE OF 165.00 FEET TO A POINT; THENCE RUN S00°3725"E FOR A DISTANCE OF 478.10 FEET TO THE POINT OF BEGINNING. 4 72 TOGETHER WITH THE FOLLOWING: A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 114 OF SAID SECTION 29, RUN N00049'06"W, ALONG THE WEST LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4, FOR A DISTANCE OF 528.11 FEET TO A POINT; THENCE DEPART SAID WEST LINE AND RUN S89028'06"E, FOR A DISTANCE OF 35.01 FEET TO THE POINT ON THE EAST RIGHT-OF-WAY LINE OF 66TH AVENUE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; FROM THE POINT OF BEGINNING RUN N00°49'06"W, ALONG SAID EAST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 264.07 FEET; THENCE DEPART SAID EAST RIGHT-OF-WAY LINE AND RUN S89028'06"E FOR A DISTANCE OF 164.05 FEET TO A POINT; THENCE RUN S00°49'06"E FOR A DISTANCE OF 264.07 FEET TO A POINT; THENCE RUN N89128'06"W FOR A DISTANCE OF 164.05 FEET TO THE POINT OF BEGINNING. AND A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 29, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA; AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 29, RUN 589°2442"E, ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 OF THE SOUTHWEST 1/4, FOR A DISTANCE OF 35.01 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF 66TH AVENUE AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL OF LAND; FROM SAID POINT OF BEGINNING CONTINUE S89°2442"E, ALONG SAID NORTH LINE, FOR A DISTANCE OF 164.05 FEET TO A POINT; THENCE DEPART SAID NORTH LINE AND RUN S00049106"E FOR A DISTANCE OF 293.49 FEET TO A POINT; THENCE RUN N89128'06"W FOR A DISTANCE OF 164.05 FEET TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF 66TH AVENUE; THENCE RUN N00°49'06"W, ALONG SAID WEST RIGHT-OF-WAY LINE, FOR A DISTANCE OF 293.65 FEET TO THE POINT OF BEGINNING. 73 AN rom INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Stephen R. Greer, Assistant Fire Chief of EMS Department of Emergency Services DATE: June 18, 2024 SUBJECT: Request from Positive Mobility, Inc., dba Elite Medical Response for a Class `B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County, and a Class "C" Non - Emergency Inter -Facility Transports Requiring a Physician's Order. It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners (the "Board") at the next scheduled meeting. BACKGROUND: Chapter 304 of the Indian River County Code of Ordinance (the "Code") governs certificates of public convenience and necessity in Indian River County for various uses, including wheelchair vehicle services. Per section 304.07 of the Code, after an application has been received by Indian River County, the EMS director makes an investigation and a determination of the public need for the proposed service in the geographical area requested. As part of this investigation, the EMS director contacts the medical director, all other service providers in the county, and any municipality in which the applicant desires to provide service. The EMS director also is required to schedule a public hearing before the Board with notice to all other service providers in the requested service area, any municipality in the requested service area and to the general public by publication in the local newspaper with at least one week's notice. At the public hearing, the Board shall consider the EMS director's recommendation and any input from other service providers, municipalities, or interested groups or citizens and may grant or deny the requested certificate of public convenience and necessity. In making his recommendation, the EMS director shall consider the following factors: (a) The population density and composition of the likely areas within which the proposed ALS, BLS, or nonemergency medical transport service will operate. (b) The need of the people in the area for ALS, BLS, or non -emergency medical transport service. (c) A comparison of estimated annual requests for service in the particular certificate category with the current number of vehicles satisfying requests. (d) Such other factors as may be considered important by the EMS director. 74 ANALYSIS: On April 17, 2024, Positive Mobility, Inc. dba Elite Medical Response submitted an application for Class `B" Certificate of Public Convenience and Necessity to provide non -emergency ambulance inter -facility transports originating within Indian River County and a Class "C" non- emergency inter -facility transports which require special clinical capabilities and require a physician's order. Pursuant to the Code, staff initiated an investigation to be made regarding the application. There are seven (7) other providers who hold a Class `B" certificate in the County as follows: • All County Ambulance • American Ambulance • Cleveland Clinic Advanced Medical Transport • Coastal Health Systems of Brevard Inc. • National Health Transport, Inc. • East Coast Ambulance • HCA Florida Lawnwood Hospital There is only one (1) other provider holding a Class "C" certificate in the County as follows: • East Coast Ambulance There are no other providers who hold a Class "D" Certificate in the County. An email was sent to all current providers, municipalities, and interested groups inviting them to respond for the purpose of receiving information about the proposed service and discuss the need for additional service in the County. The providers who responded voiced their concerns over the impacts generated by Elite Medical Response and will discuss further at the Public Hearing. FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends that the Board hear all parties to determine the issuance of a Class `B", Class "C", COPCN to Positive Mobility, Inc. dba Elite Medical Response for a period of two (2) years from July 2, 2024 to July 2, 2026. Positive Mobility, Inc. dba Elite Medical Response has determined that they would like to rescind their request for a Class "D" COPCN due to its limitations. ATTACHMENTS: 1. Application for Certificate of Public Convenience and Necessity for Positive Mobility, Inc. dba Elite Medical Response. 2. Email from Positive Mobility, Inc. dba Elite Medical Response rescinding their request for Class "D" COPCN. 3. Objection letters from National Health Transport and East Coast Ambulance 4. Certificate *Due to the size of the entire application, it is available for review during regular business hours (8:30am to 5:00pm, Monday through Friday) at the Offices of Emergency Services. 75 QPPT`M'yF"r INDIAN RIVER COUNTY 4i 5 T O DEPARTMENT OF EMERGENCY SERVICES rn "CY S APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Positive Mobility, Inc. d/b/a Elite Medical Response DATE: 4-16-2024 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ® This is a new application; fee is attached. ❑ This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B 0 v BLS V ALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C R "' BLS b ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D © ✓ BLS &' ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. WFIRE ADMIN ASSISTANTS\BethlBeth Casano EOCICOPCN\RENEWAL PACKETS\COPCN Application.doc 76 II. COMPANY DETAILS 1. NAME OF AGENCY: Positive Mobility, Inc. d/b/a Elite Medical Response MAILING ADDRESS: 201 Commercial Court CITY Sebring coUNTY Highlands ZIP CODE: 33876 BUSINESS PHONE: (863) 655-0030 2. TYPE OF OWNERSHIP (i.e. Private, Government, Volunteer, Partnership, etc.): Private 3. MANAGER'S NAME:Angel Liggins ADDRESS: 201 Commercial Court, Sebring, FL 33876 PHONE #: (954) 793-9398 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Joel Kestenbaum, 45 Main St., Suite 804, Brooklyn, NY 11201 - Owner 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # John Lauria, 1904 Newmark Circle, SW, Vero Beach, FL 32968 (561) 346-2582 Mark Castlow, 3435 Aviation Blvd., Vero Beach, FL 32960 (772) 567-8835 Christen Brewer, President, IAFF Local 2201, P.O. Box 1974, Vero Beach, FL 32961 (772) 633-8374 UARRE ADMIN ASSISTANTS\BethlBeth Casano EOMCOPCMRENEWAL PACKETS\COPCN Application.doc 2 77 6. FUNDING SOURCE: Medicaid, Medicare and Commercial Insurance. 7. RATE SCHEDULE ATTACHED? YES 2 NO ❑ N/A ❑ 8. LIST THE ADDRESS OF YOUR BASE AND ALL SUB -STATIONS: Headquarters: Sebring: 201 Commercial Court, Sebring, FL 33876 Sub -Station: Polk: 4030 Kidron Rd., Lakeland, FL 33881 Sub -Station: DeSoto: 210 W. Gibson St., Arcadia, FL 34266 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: UHF - 12 Portables and Base Station - Call Signs M1 -M35 1. RADIO FREQUENCY (ies) 2. RADIO CALL NUMBER(s) (400-520MHz) M1 -M35 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE FROM BASE STATION Cleveland Clinic Indian River Hospital Cleveland Clinic Indian River Hospital Sebastian River Medical Center Sebastian River Medical Center UARRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCNIRENEWAL PACKETS\COPCN Application.doc 3 78 IV. ADDITIONAL INFQRMAi** REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS NEED ONLY #'s 4 - 9 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3, Tactual Statement indicating the ability tithe applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4. Copy of Standard Operating Procedures, 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle protide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (WE9 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges UAFIRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCMRENEWAL PACKETS\COPCN Application.doc 4 W V. NCM--'� JZED STATEMENTS I Alred Ai Belothe representative of Applicant Name Positive Mobility, Inc. d/b/a Elite Medical Response do hereby attest that B Mness Name of Service the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets ail the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knovvledge, all statements on this aplication are true and correct, APPLICANT 9 DATE Before me personally appeared the said Alfred Angelo 17Dss that he/she executed the above instrument of his/her own free will and accord, with full knowledge of the purpose thereof. Sworn and subscribed in my presence this 171h 40Y of April 2024 NIST'A&YkAX Ki TONYAJ. WiNGFIELD 1AY COMMISSION # HH 314201 EXPIRES: SeP temper 26, 2026 .y U:\FIRE ADMIN ASSISTANTS\Beth\Beth Casano EOC1COPCN,\RJENEW a4GKETSICOPCN Application.doc 5 80 Steve Greer From: Brooke t5ddle<BUddle@visionaryhealthccarei6lut ' Sent: Tuesday, lima 14 IM4 3;01, PM To: Steve Greer Subject: RE: Class D COPM CAUTION This message is from an external source. Please use caution wh` nts or c is Yes. Please deletethe Ctass D COPCN sppiloo bn. R iiir r t# itt r. Lust confiirmikIg this won't delay us being on the July rtl1 aw" Thank yoular bringing thy. td o1,r attenooWl Brooke Liddle NREMT-P Ciel of C)perations �:O11i331 I www.emresponse.com Fr- M: Steve Greer <,sgreer@india n river.gov> Sena Tuesday, June 288, 202413:29 To: Brooke tiddle,<Buddle@visionaryheafthcaresolution tum Subject: Class D COPCN Good afternoon Brooke, { Per our, conversation regarding the Class "D" COPM d theiltnitations to onty being able to tra n sport outoe the County thus Unaltingyour transport capabWoels.youmaywanttoreconsider- rM requesting aCtassate. COPChl. ifyouwouk Uketoresdindywrequestfor the Class;"iYCOPCN please respond to this email and advise what YOU Would Mato do. Thanks Resp"dt Qocetakt ala: t o County R R 422S 431d Ave 1 - My email address has changed from r@ircgov.com to sgreerPindionriver.gov, please add to WOWS and .allow this new don** 16mgh your spam filter 1 81 Dbdaknw.TM elecUV t ssa '_ . .station that b Propriet", btftential, g I tithe individuals) and entity -. ed t protected. f ��, May 17, 2024 Dave Johnson, Director of Emergency Services Indian River County 422543 Id Avenue Vero Beach, FL. 32967 Via email: djohnson@indianriver.gov National Health Transport objects to Elite Medical Response obtaining a class B COPCN in Indian River County. At the present time there are seven COPCN holders, National Health Transport, All County Ambulance, American Ambulance, Coastal Ambulance, East Coast Ambulance, AMT Ambulance (Cleveland Clinic) and HCA Ambulance. Ambulance services are not like restaurants and other businesses. If there were an infinite number of customers, or in our case patients, then perhaps an open COPCN process would make sense. Because this is not the case, there are a finite number of ALS and BLS transports. There are three hospital systems; HCA ambulance handles their own transports from the stand-alone Emergency Department located in Vero Beach, Cleveland Clinic handles their own transports from Cleveland Clinic Indian River hospital, thus leaving five providers to fight for the transports of one hospital. Also, unlike other businesses, your current providers must staff ambulances 24 hours per day, 7 days per week, and 365 days a year. Adding another provider will further dilute what very limited revenue is available to those that have invested in your community, not shipping the proceeds out of the state to New York. As a comparison, St Lucie County has five COPCN holders and the call volume is twice that of Indian River. St Lucie COPCN application process is closed to any additional ambulance applications. Martin County has four COPCN holders and their COPCN application process is also closed. Okeechobee County has five COPCN holders. Elite Medical Response has stated in their factual statement that more ambulances are needed in s F Indian River County. Elite alluded to responding to Skilled Nursing and Assisted Living Facilities thus leaded them to believe there are far more transports in Indian River County than truly exist. In fact, the response to these types of facilities is prohibited by ordinarMe in Indian River County. The factual statement was clearly derived from a study that was not produced in Indian River County, 83 May 17, 2024 Dave Johnson, Director of Emergency Services Page 2 1 would also believe that if there truly was an outcry for additional ambulances in Indian River County, yourself and the Board of County Commissioners would have been aware prior to this self- serving interest trying to barge their way in. Sincerely, Aei-�oc;x Mike DeSouza Operations Manager 84 p EC I�M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Erin Reyes, Emergency Management Planner I Department of Emergency Services DATE: June 27, 2024 SUBJECT: Acceptance and Approval of Expenditures for Emergency Management Preparedness Assistance (EMPA) State -Funded Subgrant Agreement (Agreement # A0435) It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: Each year, the Florida Division of Emergency Management, through the executive office of the Governor, administers the Emergency Management Preparedness Assistance Grant (EMPA) Subgrant in support of each Florida county following authorization under Chapter 252, Florida Statutes and State Rule Chapter 27P-19, Florida Administrative Code. The funding for the EMPA is used to enhance and improve emergency management mitigation, planning, response and recovery directly affecting the lives and property of Indian River County residents and visitors. In accordance with the Emergency Management 2021-2024 strategic plan, the items listed below will enhance the ability of Emergency Management to adequately respond to and recover from disaster events required within the EMPA scope of work and the County Comprehensive Emergency Management Plan as approved. FUNDING: This is a dollar for dollar state funded matching subgrant with Florida Division of Emergency Management. The term of the agreement is from July 1, 2024 through June 30, 2025. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the FDEM), with their written approval. For these reasons, staff requests authorization to make these adjustments rather than return the funding for reallocation to other counties. The FY 2024/2025 EMPA grant is in the amount of $105,806 of which has been allocated for salary and benefits. Funds will be available in the General Fund/EMPA Grant/Salaries and Benefits Accounts, number 00123825. The County is permitted to use a broad range of matching 87 funds for which the Emergency Management budget is used as the matching for this grant. No additional funding is required. Account Name I Account Number Amount General Fund/EMPA Grant/Salary and Benefits 1 00123825-011120 $105,806 RECOMMENDATION: Staff recommends Approval of the EMPA State -Funded Subgrant Agreement, associated expenditures, and authorization of the Chairman to execute this agreement between Indian River County Emergency Management and the State of Florida, Division of Emergency Management. ATTACHMENTS: 1. Two (2) Original Copies of FY 2024-2025 EMPA Agreement 2. IRC Grant Form 88 Agreement Number: A0435 STATE -FUNDED GRANT AGREEMENT FY 2024 EMERGENCY PREPARDNESS AND ASSISTANCE GRANT (EMPA) THIS AGREEMENT is entered into by the State of Florida, Division of Emergency Management, with headquarters in Tallahassee, Florida (hereinafter referred to as the "Division"), and INDIAN RIVER COUNTY , (hereinafter referred to as the "Recipient'). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; and B. The Division has received these grant funds from the State of Florida, and has the authority to subgrant these funds to the Recipient upon the terms and conditions below; and C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division AND Recipient agree to the following: (1) SCOPE OF WORK (a) The Recipient shall perform the work in accordance with the Scope of Work (Attachment A) and Proposed Budget Detail Worksheet (Attachment A (2)), of this Agreement. (2) INCORPORATION OF LAWS, RULES, REGULATIONS, AND POLICIES (a) As required by Section 215.971 (1), Florida Statutes, this Agreement includes: A provision specifying a scope of work that clearly establishes the tasks that the Recipient is required to perform. A provision dividing the agreement into quantifiable units of deliverables that must be received and accepted in writing by the Division before payment. Each deliverable must be directly related to the scope of work and specify the required minimum level of service to be performed and the criteria for evaluating the successful completion of each deliverable. iii. A provision specifying the financial consequences that apply if the Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. V. A provision specifying that any balance of unobligated funds which has been advanced or paid must be refunded to the Division. vi. A provision specifying that 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 Division. 89 (b) In addition to the foregoing, the Recipient and the Division shall be governed by all applicable State and Federal laws, rules, and regulations, including those identified in the Scope of Work (Attachment A). Any express reference in this Agreement to a particular statute, rule, or regulation in no way implies that no other statute, rule, or regulation applies. (3) PERIOD OF AGREEMENT (a) This Agreement shall begin July 1, 2024, and shall end on June 30, 2025, unless terminated earlier in accordance with the provisions of Paragraph (12) TERMINATION. In accordance with Section 215.971(1)(d), Florida Statutes, the Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of Agreement. (4) FUNDING CONSIDERATION (a) This is a cost -reimbursement Agreement, subject to the availability of funds. (b) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature, and subject to any modification in accordance with either Chapter 216, Florida Statutes, or the Florida Constitution. (c) The Division will reimburse the Recipient only for allowable costs incurred by the Recipient for the completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in the Proposed Budget Detail Worksheet (Attachment A (2)) The maximum reimbursement amount for the entirety of this Agreement is $105,806.00. (d) The Division will review quarterly requests for reimbursement by comparing the documentation provided by the Recipient against a performance measure, outlined in Scope of Work (Attachment A), and Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Attachment C) which clearly delineates: The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. (e) The Division's Grant Manager, as required by Section 215.971(2)(c), Florida Statutes, shall reconcile and verify all funds received against all funds expended during the period of agreement and produce a final reconciliation report. The final report must identify any funds paid in excess of the expenditures incurred by the Recipient. (f) For the purposes of this Agreement, the term "improper payment" means or includes: Any payment that should not have been made or that was made in an incorrect amount (including overpayments and underpayments) under statutory, contractual, administrative, or other legally applicable requirements; and, 90 Any payment to an ineligible party, any payment for an ineligible good or service, any duplicate payment, any payment for a good or service not received (except for such payments where authorized by law), any payment that does not account for credit for applicable discounts, and any payment where insufficient or lack of documentation prevents a reviewer from discerning whether a payment was proper. (g) As required by the Reference Guide for State Expenditures, reimbursement for travel must be in accord with Section 112.061, Florida Statutes. The Recipient must submit submission of the claim on either their local travel voucher with supporting documentation and their local travel policy, or on the approved state travel voucher. (5) REPORTS (a) The Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress of all Recipients and subcontractors in completing the work described in the Scope of Work (Attachment A) and the expenditure of funds under this Agreement, in addition to any other information requested by the Division. (b) Quarterly reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year and shall be sent each quarter until submission of the administrative close-out report. The ending dates for each quarter of the program year are September 30, December 31, March 31, and June 30. (c) The Close -Out Report is due sixty (60) days after termination of this Agreement or sixty (60) days after completion of the activities contained in this Agreement, whichever occurs first. (d) If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (11) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with the Proposed Budget Detail Worksheet (Attachment A (2)) and Scope of Work (Attachment A). (e) The Recipient shall provide additional program updates or information that may be required by the Division. (f) The Recipient shall provide additional reports and information identified in the Division of Emergency Management Enterprise Solution (DEMES). (6) MONITORING (a) The Division is responsible for and shall monitor Recipients performance under this Agreement. Recipient shall monitor the performance of its contractors, consultants, agents, and who are paid from funds provided under this Agreement or acting in furtherance of this Agreement. 91 (b) In addition to reviews of audits conducted in accordance with Exhibit 1 — Single Audits, monitoring procedures may include, but not limited to, desk reviews and on-site visits by Division staff, limited scope audits, and other procedures. (c) Monitoring visits are performed to confirm grant requirements are being fulfilled to ensure correct and accurate documentation is being generated and to assist with any questions or concerns Recipients may have related to the grant. Recipients will be monitored programmatically and financially by the Division to ensure that all grant activities and project goals, objectives, performance requirements, timelines, milestone completion, budgets, and other related program criteria are being met. (d) On-site monitoring visits will be performed according to Division schedules, as requested, or as needed. At minimum, Recipients will receive monitoring from Division per year. If an on- site visit cannot be arranged, the Recipient may be asked to perform desk review monitoring. Additional monitoring visits may be conducted throughout the period of performance as part of corrective action when Recipients are demonstrating non-compliance. (7) SUBCONTRACTS If the Recipient subcontracts any of the work required under this Agreement, a copy of the unsigned subcontract must be forwarded to the Division for review and approval before it is executed by the Recipient. The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The Recipient shall document in the quarterly report the subcontractor's progress in performing its work under this Agreement. For each subcontract, the Recipient shall provide a written statement to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes. (8) AUDITS (a) In accounting for the receipt and expenditure of funds under this Agreement, the Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. §200.49, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." (b) When conducting an audit of the Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. §200.50, GAGAS, "also known as the Yellow Book, means generally accepted government auditing standards issued by the Comptroller General of the United States, which are applicable to financial audits." E 92 (c) If an audit shows that all or any portion of the funds disbursed were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Division of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Division has notified the Recipient of such non-compliance. (d) The Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(i), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The independent auditor shall state that the audit complied with the applicable provisions noted above. The audits must be received by the Division no later than nine months from the end of the Recipient's fiscal year. (e) The Recipient shall send copies of reporting packages required under this paragraph directly to each of the following: The Division of Emergency Management DEMSingle_Audit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 (9) LIABILITY (a) Unless Recipient is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, the Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement and shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performed under this Agreement. For purposes of this Agreement, Recipient agrees that it is not an employee or agent of the Division but is an independent contractor. (b) As required by Section 768.28(19), Florida Statutes, any Recipient which is a state agency or subdivision, as defined in Section 768.28(2), Florida Statutes, agrees to be fully responsible for its negligent or tortious acts or omissions which result in claims or suits against the Division, and agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28, Florida Statutes. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a 5 93 state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. (10) DEFAULT If any of the following events occur ("Events of Default"), all obligations on the part of the Division to make further payment of funds shall, if the Division elects, terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (11) REMEDIES; however, the Division may make payments or partial payments after any Events of Default without waiving the right to exercise such remedies, and without becoming liable to make any further payment: (a) If any warranty or representation made by the Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Recipient fails to keep or perform any of the obligations, terms or covenants in this Agreement or any previous agreement with the Division and has not cured them in timely fashion, or is unable or unwilling to meet its obligations under this Agreement; (b) If material adverse changes occur in the financial condition of the Recipient at any time during the period of agreement, and the Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division. (c) If any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; (d) If the Recipient has failed to perform and complete on time any of its obligations under this Agreement. (11) REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days, provide written notice to the Recipient and upon the Recipient 's failure to cure within those thirty (30) days, exercise any one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement, provided that the Recipient is given at least thirty (30) days prior written notice of the termination. The notice shall be effective when placed in the United States, first class mail, postage prepaid, by registered or certified mail -return receipt requested, to the address in Paragraph (3) herein; (b) Begin an appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Require that the Recipient refund to the Division any monies used for ineligible purposes under the laws, rules and regulations governing the use of these funds; (e) Exercise any corrective or remedial actions, to include but not be limited to: ro 94 Request additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance; Issue a written warning to advise that more serious measures may be taken if the situation is not corrected; iii. Advise the Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or; iv. Require the Recipient to reimburse the Division for costs incurred for any items determined to be ineligible; (f) Exercise any other rights or remedies which may be available under law. Pursuing any of the above remedies will not stop the Division from pursuing any other remedies in this Agreement or provided at law or in equity. If the Division waives any right or remedy in this Agreement or fails to insist on strict performance by the Recipient, it will not affect, extend or waive any other right or remedy of the Division, or affect the later exercise of the same right or remedy by the Division for any other default by the Recipient. (12) TERMINATION (a) The Division may terminate this Agreement for cause after thirty (30) days written notice. Cause can include misuse of funds, fraud, lack of compliance with applicable rules, laws and regulations, failure to perform on time, and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (b) The Division may terminate this Agreement for convenience or when it determines, in its sole discretion, that continuing the Agreement would not produce beneficial results in line with the further expenditure of funds, by providing the Recipient with thirty (30) calendar days prior written notice. (c) The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment will state the effective date of the termination and the procedures for proper closeout of this Agreement. (d) In the event this Agreement is terminated, the Recipient will not incur new obligations for the terminated portion of this Agreement after the Recipient has received the notification of termination. The Recipient will cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice will be disallowed. The Recipient shall not be relieved of liability to the Division because of any breach of this Agreement by the Recipient. The Division may, to the extent authorized by 7 Mi law, withhold payments to the Recipient for the purpose of set-off until the exact amount of damages due the Division from the Recipient is determined. (13) PROCUREMENT (a) The Recipient shall ensure that any procurement involving funds authorized by the Agreement complies with all applicable federal and state laws and regulations, to include 2 C.F.R. §§ 200.318 through 200.327, Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provision lOr Non -Federal Entity Contracts Under Federal Awards"), and Section 287.057, Florida Statutes. (b) As required by 2 C.F.R. § 200.318(i), the Recipient shall "maintain records sufficient to detail the history of procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price." (c) As required by 2 C.F.R. § 200.318(b), the Recipient shall "maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders." In order to demonstrate compliance with this requirement, the Recipient shall document, in its quarterly report to the Division, the progress of any and all subcontractors performing work under this Agreement. (d) Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least fifteen (15) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Recipient within seven (7) business days. Consistent with 2 C.F.R. §200.325, the Division will review the solicitation for compliance with the procurement standards outlined in 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to publish a competitive solicitation, this review may allow the Division to identify deficiencies in the vendor requirements or in the commodity or service specifications. The Division's review and comments shall not constitute an approval of the solicitation. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7) business day window outlined above. If the Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: 96 Terminate this Agreement in accordance with the provisions outlined in paragraph (12) above; and, Refuse to reimburse the Recipient for any costs associated with that solicitation. (e) Except for procurements by micro -purchases pursuant to 2 C.F.R. § 200.320(a)(1) or procurements by small purchase procedures pursuant to 2 C.F.R. § 200.320(a)(2), if the Recipient chooses to subcontract any of the work required under this Agreement, then the Recipient shall forward to the Division a copy of any contemplated contract prior to contract execution. The Division shall review the unexecuted contract and provide comments, if any, to the Recipient within seven (7) business days. Consistent with 2 C.F.R. § 200.325, the Division will review the unexecuted contract for compliance with the procurement standards outlined in 2 C.F.R. §§ 200.318 through 200.327 as well as Appendix II to 2 C.F.R. Part 200. Consistent with 2 C.F.R. § 200.318(k), the Division will not substitute its judgment for that of the Recipient. While the Recipient does not need the approval of the Division in order to execute a subcontract, this review may allow the Division to identify deficiencies in the terms and conditions of the subcontract as well as deficiencies in the procurement process that led to the subcontract. The Division's review and comments shall not constitute an approval of the subcontract. Regardless of the Division's review, the Recipient remains bound by all applicable laws, regulations, and agreement terms. If during its review the Division identifies any deficiencies, then the Division shall communicate those deficiencies to the Recipient as quickly as possible within the seven (7) business day window outlined above. If the Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: Terminate this Agreement in accordance with the provisions outlined in Paragraph (12) above; and, Refuse to reimburse the Recipient for any costs associated with that subcontract. (f) The Recipient agrees to include in the subcontract that (i) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Division and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (g) As required by 2 C.F.R. § 200.318(c)(1), the Recipient shall "maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts." W 97 (h) As required by 2 C.F.R. § 200.319, the Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Recipient shall not: qualify to do business; affiliated companies; iv. retainer contracts; V. vi. offer an equivalent; Place unreasonable requirements on firms in order for them to Require unnecessary experience or excessive bonding; Use noncompetitive pricing practices between firms or between Execute noncompetitive contracts to consultants that are on Authorize, condone, or ignore organizational conflicts of interest; Specify only a brand name product without allowing vendors to vii. Specify a brand name product instead of describing the performance, specifications, or other relevant requirements that pertain to the commodity or service solicited by the procurement; or, viii. Engage in any arbitrary action during the procurement process; ix. Allow a vendor to bid on a contract if that bidder was involved with developing or drafting the specifications, requirements, statement of work, invitation to bid, or request for proposals. (i) Except in those cases where applicable Federal statutes expressly mandate or encourage otherwise, the Recipient, as required by 2 C.F.R. § 200.319(c), shall not use a geographic preference when procuring commodities or services under this Agreement. 0) The Recipient shall conduct any procurement involving invitations to bid (i.e. sealed bids) in accordance with 2 C.F.R. § 200.320(b)(1) as well as Section 287.057(1)(a), Florida Statutes. (k) The Recipient shall conduct any procurement involving requests for proposals (i.e. competitive proposals) in accordance with 2 C.F.R. § 200.320(b)(2) as well as Section 287.057(1)(b), Florida Statutes. (14) ATTACHMENTS AND EXHIBITS (a) All attachments to this Agreement are incorporated as if set out fully. (b) In the event of any inconsistencies or conflict between the language of this 10 98 Agreement and the attachments, the language of the attachments shall control, but only to the extent of the conflict or inconsistency. (c) This Agreement has the following attachments: Exhibit 1 — Single Audits Exhibit 2 —EM Director Certification Attachment A — Scope of Work Attachment A (1) — Allowable Costs and Eligible Activities Attachment A (2) — Proposed Program Budget Detail Worksheet Attachment A (3) — Quarterly Reports Attachment B —Advance Payment Request Attachment C — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Attachment D —Warranties and Representations Attachment E — Statement of Assurances (15) NOTICE OF CONTACT (a) All notices provided by Recipient under or pursuant to this Agreement shall be in writing to Division's Grant Manager and delivered by standard or electronic mail using the correct information provided in Subparagraph 15(b) below. (b) The name and address of Division's Grant Manager for this Agreement is: Division Contractual Point of Contact CleSha' Pennywell 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4310 Clesha.Pennywell@em.myflorida.com (e) The name and address of Division's Programmatic Reviewer for this Agreement is: Division Programmatic Point of Contact Terence Blakely 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 (850) 815-4367 Terence.Blakely@em.myflorida.com 99 (f) The name and address of Representative of the Recipient responsible for the administration of this Agreement is: Name: DAVID JOHNSON Title: DIRECTOR Address: 4225 43RD AVENUE VERO BEACH, FL 32967 Phone: 772-226-3947 Email: DJOHNSON@INDIANRIVER.GOV (16) PAYMENTS (a) Any advance payment under this Agreement is subject to Section 216.181(16), Florida Statutes. All advances are required to be held in an interest-bearing account. If an advance payment is requested, the budget data on which the request is based, and a justification statement shall be included in this Agreement as Advance Payment Request as Attachment B. Advance Payment Request (Attachment B) will specify the amount of advance payment needed and provide an explanation Of the necessity for and proposed use of these funds. No advance shall be accepted for processing if a reimbursement has been paid prior to the submittal of a request for advanced payment. After the initial advance, if any, payment shall be made on a reimbursement basis as needed. FDEM will only advance 50% of the total award amount. (b) Invoices shall be submitted to include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within forty-five (45) days after the expiration date of the agreement. An explanation of any circumstances prohibiting the submittal of quarterly invoices shall be submitted to the Division Grant Manager as part of the Recipient's quarterly reporting as referenced in Paragraph (5) REPORTS of this Agreement. (c) If the necessary funds are not available to fund this Agreement as a result of action by the State Chief Financial Officer or under Paragraph (4) FUNDING CONSIDERATION of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. (17) REPAYMENTS (a) All refunds or repayments due to the Division under this Agreement are to be made payable to the order of "Division of Emergency Management," and mailed directly to the following address: Division of Emergency Management Cashier 12 100 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 (b) In accordance with section 215.34(2), Florida Statutes, if a check or other draft is returned to the Division for collection, Recipient shall pay the Division a service fee of $15.00 or 5% of the face amount of the returned check or draft, whichever is greater. (18) MANDATED CONDITIONS AND OTHER LAWS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations, and materials submitted or provided by the Recipient in this Agreement, in any later submission or response to a Division request, or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations, and materials are incorporated by reference. The inaccuracy of the submissions or any material changes shall, at the option of the Division and with (thirty) 30 days written notice to the Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Recipient. (b) This Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then the provision shall be null and void to the extent of the conflict, and shall be severable, but shall not invalidate any other provision of this Agreement. (c) Any power of approval or disapproval granted to the Division under the terms of this Agreement shall survive the term of this Agreement. (d) The Recipient agrees to comply with the Americans with Disabilities Act (Public Law 101- 336, 42 U.S.C. Section 12101 et seg.), which prohibits discrimination by public and private entities on the basis of disability in employment, public accommodations, transportation, State and local government services, and telecommunications. (e) Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of thirty-six (36) months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. (f) Any Recipient which is not a local government or state agency, and which receives funds under this Agreement from the federal government, certifies, to the best of its knowledge and belief, that it and its principals: 13 101 Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by a federal department or agency; Have not, within a five-year period preceding this proposal been convicted of or had a civil judgment rendered against them for fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; iii. Are not presently indicted or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any offenses enumerated in Paragraph (18)(f)(ii) of this certification; and iv. Have not within a five-year period preceding this Agreement had one or more public transactions (federal, state, or local) terminated for cause or default. (g) If the Recipient is unable to certify to any of the statements in this certification, then the Recipient shall attach an explanation to this Agreement. (h) In addition, the Recipient shall send to the Division (via Division of Emergency Management Enterprise Solutions (DEMES) the completed "Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion" (Attachment C) for each intended subcontractor which Recipient plans to fund under this Agreement. The form must be received by the Division before the Recipient enters into a contract with any subcontractor. (i) The Division reserves the right to unilaterally cancel this Agreement if the Recipient refuses to allow public access to all documents, papers, letters or other material subject to the provisions of chapter 119, Florida Statutes, which the Recipient created or received under this Agreement. 0) If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Division or be applied against the Division's obligation to pay the contract amount. (k) The State of Florida will not intentionally award publicly funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324(a) [Section 274A(e) of the Immigration and Nationality Act ("INA")]. The Division shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the Recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Division. (1) Section 287.05805, Florida Statutes, requires that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political division granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by 14 102 law. (m) The Division may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, or 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, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. (19) STATE REQUIREMENTS PERTAINING TO LOBBYING (a) Section 216.347, Florida Statutes, prohibits "any disbursement of grants and aids appropriations pursuant to a contract or grant to any person or organization unless the terms of the grant or contract prohibit the expenditure of funds for the purpose of lobbying the Legislature, the judicial branch, or a state agency." (b) No funds or other resources received from the Division under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (20) COPYRIGHT, PATENT AND TRADEMARK EXCEPT AS PROVIDED BELOW, ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. (a) If the Recipient has a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected with it, the Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida. If any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relating to the performance of this Agreement that he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre - 15 103 existing intellectual property that is disclosed. Failure to disclose will indicate that no such property exists. The Division shall then, under Paragraph (b), have the right to all patents and copyrights that accrue during performance of this Agreement. (d) If the Recipient qualifies as a state university under Florida law, then, pursuant to Section 1004.23, Florida Statutes, any invention conceived exclusively by the employees of the Recipient shall become the sole property of the Recipient. In the case of joint inventions, that is inventions made jointly by one or more employees of both parties hereto, each party shall have an equal, undivided interest in and to such joint inventions. The Division shall retain a perpetual, irrevocable, fully paid, nonexclusive license, for its use and the use of its contractors of any resulting patented, copyrighted or trademarked work products, developed solely by the Recipient, under this Agreement, for Florida government purposes. (21) LEGAL AUTHORIZATION. (a) The Recipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. The Recipient also certifies that the undersigned person has the authority to legally execute and bind Recipient to the terms of this Agreement (22) STATEMENT AND ASSURANCES (a) The Recipient shall comply with any Statement of Assurances incorporated as Attachment E. (23) RECORDS (a) As a condition of receiving state financial assistance, and as required by Sections 20.055(6)(c) and 215.97(5)(b), Florida Statutes, the Division, the Chief Inspector General of the State of Florida, the Florida Auditor General, or any of their authorized representatives, shall enjoy the right of access to any documents, financial statements, papers, or other records of the Recipient which are pertinent to this Agreement, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Recipient's personnel for the purpose of interview and discussion related to such documents. For the purposes of this section, the term "Recipient" includes employees or agents, including all subcontractors or consultants to be paid from funds provided under this Agreement. (b) The Recipient shall maintain all records related to this Agreement for the period of time specified in the appropriate retention schedule published by the Florida Department of State. Information regarding retention schedules can be obtained at: http://dos.myflorida.com/library-archives/records- management/general-records-sched u les/. (c) Florida's Government in the Sunshine Law (Section 286.011, Florida Statutes) provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic 16 104 requirements: (1) all meetings of public boards or commissions must be open to the public; (2) reasonable notice of such meetings must be given; and, (3) minutes of the meetings must be taken and promptly recorded. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the open government requirements. However, the Government in the Sunshine Law applies to private entities that provide services to governmental agencies and that act on behalf of those agencies in the agencies' performance of their public duties. If a public agency delegates the performance of its public purpose to a private entity, then, to the extent that private entity is performing that public purpose, the Government in the Sunshine Law applies. For example, if a volunteer fire department provides firefighting services to a governmental entity and uses facilities and equipment purchased with public funds, then the Government in the Sunshine Law applies to board of directors for that volunteer fire department. Thus, to the extent that the Government in the Sunshine Law applies to the Recipient based upon the funds provided under this Agreement, the meetings of the Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board may be subject to open government requirements. These meetings shall be publicly noticed, open to the public, and the minutes of all the meetings shall be public records, available to the public in accordance with Chapter 119, Florida Statutes. 17 105 (d) Florida's Public Records Law provides a right of access to the records of the state and local governments as well as to private entities acting on their behalf. Unless specifically exempted from disclosure by the Legislature, all materials made or received by a governmental agency (or a private entity acting on behalf of such an agency) in conjunction with official business which are used to perpetuate, communicate, or formalize knowledge qualify as public records subject to public inspection. The mere receipt of public funds by a private entity, standing alone, is insufficient to bring that entity within the ambit of the public record requirements. However, when a public entity delegates a public function to a private entity, the records generated by the private entity's performance of that duty become public records. Thus, the nature and scope of the services provided by a private entity determine whether that entity is acting on behalf of a public agency and is therefore subject to the requirements of Florida's Public Records Law. (e) The Recipient shall maintain all records for the Recipient and for all subcontractors or consultants to be paid from funds provided under this Agreement, including documentation of all program costs, in a form sufficient to determine compliance with the requirements and objectives of the (Attachment A 2) — Proposed Budget Detail Worksheet and Scope of Work (Attachment A) - and all other applicable laws and regulations. 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: (850) 815-4156, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (24) TERMS AND CONDITION (a) This Agreement contains all the terms and conditions agreed upon by the parties. (25) EXECUTION (a) This Agreement may be executed in any number of counterparts, any one of which may be taken as an original. (26) MODIFICATION (a) Either Party may request modification of the provisions of this agreement. Modifications of provisions of this Agreement are valid only when reduced to writing and duly signed by the Parties. 106 (27) CONSTRUCTION and RENOVATION Construction and renovation projects for a local government's principal Emergency Operations Center (EOC), are allowable under the EMPA Program. The Division must provide written approval prior to the use of any EMPA Program funds for construction or renovation. Requests for EMPA Program funds for construction of an EOC must be accompanied by a justification to their EMPA Grant Manager for review and processing. The above examples are not intended to exclude other construction projects as potentially allowable costs. For example, construction of a facility for the storage of critical emergency supplies, as a Point of Distribution (POD) for emergency distribution, and/or to serve as a staging area for deployment of emergency response resources is potentially an allowable expense. Other construction or renovation projects, such as a secondary or local EOC, will be considered on a case-by-case basis, with advance written approval. (28) REAL PROPERTY Section 287.05805, Florida Statutes, Contract requirement for use of state funds to purchase or improve real property—Each state agency shall include in its standard contract document a requirement that any state funds provided for the purchase of or improvements to real property are contingent upon the contractor or political subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least 5 years from the date of purchase or the completion of the improvements or as further required by law. (29) CONTRACTING WITH SMALL AND MINORITY BUSINESSES (a) If the Sub -Recipient, with the funds authorized by this Agreement, seeks to procure goods or services, then, in accordance with 2 C.F.R. § 200.321 and Section 288.703, Florida Statutes, the Sub -Recipient shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible: Placing qualified small and minority businesses and women's business enterprises on solicitation lists; Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; W 107 iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; V. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and vi. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (i). through v. of this subparagraph. (b) The requirement outlined in subparagraph a. above, sometimes referred to as "socioeconomic contracting," does not impose an obligation to set aside either the solicitation or award of a contract to these types of firms. Rather, the requirement only imposes an obligation to carry out and document the six affirmative steps identified above. (c) The "socioeconomic contracting" requirement outlines the affirmative steps that the Sub - Recipient must take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. (d) The requirement to divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises, does not authorize the Sub -Recipient to break a single project down into smaller components in order to circumvent the micro -purchase or small purchase thresholds so as to utilize streamlined acquisition procedures (e.g. "project splitting"). 20 109 STATE OF FLORIDA FLORIDA DIVISION OF EMERGENCY MANAGEMENT STATE - FUNDED SUBAWARD AND GRANT AGREEMENT SIGNATURE PAGE IN WITNESS WHEREOF, the Parties have duly executed and delivered this Agreement as of the date set forth below. RECIPIENT: By: Susan Adams. Chairman (Name and Title) Date: 59-6000674 Federal Identification Number FB3SUJZ38K9 UEID/SAM Number If signing electronically: By providing this electronic signature, 1 am attesting that l understand that electronic signatures are legally binding and have the same meaning as handwritten signatures. I am also confirming that internal controls have been maintained, and that policies and procedures were properly followed to ensure the authenticity of the electronic signature. This statement is to certify that 1 confirm that this electronic signature is to be the legally binding equivalent of my handwritten signature and that the data on this form is accurate to the best of my knowledge. STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT By: Kevin Guthrie, Executive Director Date: 21 109 FY 2024 EMPA AGREEMENT EXHIBIT 1 — SINGLE AUDITS AUDIT COMPLIANCE CERTIFICATION Email a copy of this form at the time of agreement submission to the Division at: DEMSingle Audit(d_)em.myflorida.com. Recipient: INDIAN RIVER COUNTY FEIN: 59-6000674 Sub- Recipient's Fiscal Year: 2024-2025 Contact Name: DAVID JOHNSON Contact's Phone: 772-226-3947 Contact's Email: DJOHNSON@INDIANRIVER.GOV 1. Did Recipient expend the State Financial Assistance, during its fiscal year, that it received under any agreement (e.g., contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Recipient and the Florida Division of Emergency Management (Division)? ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Recipient exceed $750,000 or more of State financial assistance (from DIVISION and all other sources of State financial assistance combined) during its fiscal year? ❑Yes ❑No If yes, Recipient certifies that it will timely comply with all applicable State single or project specific audit requirements of section 215.97(2)(i), Florida Statutes, and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did Recipient expend Federal awards during it fiscal year that it received under any agreement (e.g. contract, grant, memorandum of agreement, memorandum of understanding, economic incentive award agreement, etc.) between Recipient and Division? ❑Yes ❑No If the above answer is yes, answer the following before proceeding to item 2. Did Recipient exceed $750,000 or more of federal awards (from Division and all other sources of federal awards combined) during its fiscal year? ❑Yes ❑No If yes, Recipient certifies that it will timely comply with all applicable single or program — specific audit requirements of title 2 C.F.R. part 200, subpart F, as adopted and supplement by DHS at 2 C.F.R. part 200. By signing below, I certify, on behalf of Recipient, that the above representations for items 1 and 2 are correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative 22 110 FY 2024 EMPA AGREEMENT EXHIBIT 2—EM DIRECTOR CERTIFICATION In accordance with the 2024 Emergency Management Preparedness and Assistance Grant agreement, which shall begin July 1, 2024, and shall end on June 30, 2025, and to remain consistent with section 252.38(1)(c), Florida Statutes and Rules 27P-19.005(4) and (5), Florida Administrative Code, in order to receive EMPA funding, each County Emergency Management Agency shall annually certify on their Exhibit 3 their commitment to employ and maintain a Director. I, JOHN A. TITKANICH, JR (Name) certify compliance with the requirements for the 2024 Emergency Management Preparedness and Assistance grant program. INDIAN RIVER COUNTY (Recipient) has employed an EM COORDINATOR (EM Director) pursuant to Section 252.38(3)(b), Florida Statutes. JOHN A. TITKANICH, JR also certify that I am the official representative for INDIAN RIVER COUNTY (Recipient) and have authority to bind (Recipient) to this certification of compliance. Signed by: Printed Name: JOHN A. TITKANICH, JR Title: COUNTY ADMINISTRATOR Date: Phone/Email: 772-226-1408/JTITKANICH@INDIAN RIVER. GOV 23 INDIAN RIVER COUNTY 111 Attachment A Scope of Work FY 2024 EMPA Agreement GENERAL POLICY The purpose of the Emergency Management Preparedness and Assistance Grant (EMPA) is to provide state funds to assist local governments in preparing for all hazards as authorized by Section 252.373, Florida Statutes. Funds shall be allocated to implement and administer county emergency management programs, to support the following activities: • Planning • Organization • Equipment • Training • Exercise, and • Management and Administration Pursuant to Rule 27P-19.010(11), Florida Administrative Code, the Division shall determine allowable costs in accordance with 48 C.F.R. Part 31, entitled "Contract Cost Principles and Procedures." 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." II. TASKS AND QUARTERLY DELIVERABLES Recipient shall support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the National Preparedness Goal. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man- made disasters/emergencies. The Recipient must successfully complete the following Tasks and Deliverables throughout the period of performance. Quarterly deliverables must be uploaded through the Division of Emergency Management Enterprise Solution (DEMES) portal. TASK 1: CERTIFICATION OF COUNTY EMERGENCY MANAGEMENT STAFF A. EMERGENCY MANAGEMENT DIRECTOR AND STAFF CERTIFICATION Pursuant to Section 252.38(1)(c), Florida Statutes, the County Emergency Management Agency shall perform emergency management functions throughout the Jurisdictional limits of the county in which it is organized. Pursuant to Rule 27P-19.004, Florida Administrative Code, each County Emergency Management Agency must annually certify their commitment to employ and maintain a director consistent with Rule 27P-19.005(4) and (5), Florida Administrative Code. To demonstrate successful completion, the Recipient must submit the following into DEMES: DELIVERABLES: • Exhibit 3 — Certification letter for the Emergency Management Director in accordance with Rule 27P-19.004, Florida Administrative Code, in accordance with Table below. 24 112 • Reporting Form 4 — Staffing Detail and Position Descriptions for funded emergency management staff in accordance with Table below. REPORTING REQUIREMENTS Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Updates Only Updates Only Updates Only _. TASK 2: LOCAL COST SHARE CERTIFICATION A. COST SHARE Pursuant to Rule 27P-19.011(1), Florida Administrative Code, Recipient shall provide documentation to show cost share amount either equal to the average of the County Emergency Management Agency's previous three years' level of general revenue funding or the level of funding for the last fiscal year, whichever figure is lower. If the Recipient demonstrates that exceptional financial circumstances prevent the Recipient from complying with the cost share match requirements specified in Rule 27P-19.011(1), Florida Administrative Code, then the Recipient may request that the Division authorize a reduction in the amount of cost share required. All requests for cost share reduction shall be submitted no later than forty-five (45) days after the county budget has been approved pursuant to Rule 27P-19.011(2). To demonstrate successful completion, the Recipient must submit the following in DEMES: DELIVERABLES: • Reporting Form 3 — Local Cost Share Certification in accordance with Table below. • A copy of the current and accurate Local Budget (General Revenue) including the signed budget in accordance with Table below. • A copy of the Emergency Management general revenue expenditure (general ledger) report in accordance with Table below. REPORTING REQUIREMENTS: Quarter 1 Quarter 2 Quarter 3 Quarter 4 N/A Deliverables Due Updates Only Updates Only 25 113 FY 2024 EMPA AGREEMENT ATTACHMENT A (1) ALLOWABE COSTS AND ELIGIBLE ACTIVITIES I. CATEGORIES AND ELIGIBLE ACTIVITIES The 2024 EMPA Funding Guidance allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration. A. PLANNING Planning spans all five National Preparedness Goal (the Goal) mission areas and provides a baseline for determining potential threats and hazards, required capabilities, required resources, and establishes a framework for roles and responsibilities. Planning provides a methodical way to engage the whole community in the development of a strategic, operational, and/or community-based approach to preparedness. Plans should have prior review and approval from the respective DEM state program. Funds may not be reimbursed for any plans that are not approved. EMPA Program funds may be used to develop or enhance emergency management planning activities. Some examples include, but not limited to: • Emergency Operation Plans/ Local Comprehensive Emergency Management Planning • Communications Plans • Administrative Plans • Whole Community Engagement/Planning • Resource Management Planning • Sheltering and Evacuation Planning • Recovery Planning • Continuity Plans For planning expenditures to qualify for reimbursement under this Agreement, the Recipient must submit a final plan to the Division for approval. As part of any request for reimbursement for planning expenditures, the Recipient must submit the following: • Copies of contracts or agreements prior to contracting with consultants or sub -contractors providing services; • Invoice from any consultant/contractor involved in the planning (); • Copies of all planning materials and work product (e.g. meeting documents, copies of plans); • If a meeting was held by Recipient, an agenda and sign -in sheet with meeting date • Proof of payment (e.g. , credit card statement, Bank Statement); • Complete debarment form and/or Sam.gov for any contractors/consultants; • Proof of Procurement method (e.g. quotes, and or Solicitation); B. OPERATIONAL EMPA Program funds may be used for all day-to-day preparedness activities in support of the four phases of emergency management (preparedness, response, recovery, and mitigation). Rules 27P-19.004 and 27P-19.0061, Florida Administrative Code., outline the minimum performance level (definition below). Each Emergency Management staff person must be available to work the number of hours and assume the responsibilities for the duties in their official position description as well as provide the coordination and support for all incidents within the jurisdiction on a 24-hour basis. Eligible "Operational Cost' items include, but are not limited to: • Salaries and Fringe Benefits 26 114 • Utilities (electric, water and sewage) • Service/Maintenance agreements (provide vendor debarment and service agreement for contractual services) • Office Supplies/Materials • IT Software Upgrades • Memberships • Publications • Postage • Storage • Other Personnel/Contractual Services ■ Reimbursement for services by a person(s) who is not a regular or full-time employee filling established positions. This includes but is not limited to temporary employees, student or graduate assistants, fellowships, part time academic employment, board members, consultants, and other services. ■ Consultant Services require a pre -approved Contract or purchase order by the Division. Copies of additional quotes should aiso be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPA. DHS/FEMA must approve a state's five-year viable inventory management plan prior to allocating grant funds for stockpiling purposes. The five-year plan should include a distribution strategy and related sustainment costs if the grant expenditure is over $100,000. Operational Costs Supporting Documentation If the recipient seeks reimbursement for operational activities, then the following shall be submitted: • For salaries, provide copies of payroll expendiure reports • Expense items need to have copies of invoices, or receipts and proof of payment (credit card statements, bank statements) for. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). • Funding may not be used to purchase clothing that would be used for everyday wear by emergency management employees or other personnel; and • Clothing, uniforms, undergarments, jackets, vests, etc. are also allowable for CERT members as listed on the Authorized Equipment List (AEL): 21 GN-00-CCEQ I FEMA.gov. • For a complete list of other eligible clothing and protective gear allowable for purchase with EMPG funding, applicants, recipients and FEMA staff are encouraged to refer to the AEL website for the most up to -date information: Authorized Equipment List I FEMA.gov. Please Note: • You can only charge 1 % of the total award amount for promotional items. • Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars, or, in the event no circular applies, by 2 C.F.R. part 200 CONTRACT COST PRINCIPLES AND PROCEDURES. C. EQUIPMENT Pursuant to 27P-19.010 Disbursement. Allowable equipment costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars, or, in the event no circular applies, by 2 C.F.R. part 200 CONTRACT COST PRINCIPLES AND PROCEDURES. If an item qualifies as reasonable and necessary, and the item is EMPG-coded on the FEMA AEL, then the Recipient does not need to obtain permission from the Division prior to purchasing the item in order to seek reimbursement. 27 115 If the Recipient seeks reimbursement for the purchase of an item that is not EMPG-coded on the FEMA AEL, then the Recipient must receive permission from the Division prior to purchasing the item. If the Recipient purchases such an item without receiving permission from the Division beforehand, then the Division will not provide any reimbursement for that purchase. Allowable equipment includes equipment from the following AEL categories: • Personal Protective Equipment (PPE) (Category 1) • Information Technology (Category 4) • Cybersecurity Enhancement Equipment (Category 5) • Interoperable Communications Equipment (Category 6) • Detection Equipment (Category 7) • Power Equipment (Category 10) • Chemical, Biological, Radiological, Nuclear, and Explosive (CBRNE) Reference Materials (Category 11) • CBRNE Incident Response Vehicles (Category 12) • Physical Security Enhancement Equipment (Category 14) • CBRNE Logistical Support Equipment (Category 19) • Other Authorized Equipment (Category 21) The Authorized Equipment List (AEL) is a list of approved equipment types allowed under FEMA's preparedness grant programs and can be located at https://www.fema.gov/authorized-equipment-list. If Recipients have questions concerning the eligibility of equipment, they shall contact their Grant Manager for clarification. Recipients should analyze the cost benefits of purchasing versus leasing equipment, especially high-cost items and those subject to rapid technical advances. Large equipment purchases must be identified and explained. For more information regarding property management standards for equipment, please reference 2 C.F.R. Part 200, including 2 C.F.R. §§ 200.310, 200.313, and 200.316. Equipment Acquisition Costs Supporting Documentation • Provide copies of invoices, or receipts, proof of payment, i.e., credit card statements, bank statements or front and back of canceled checks). • Provide the Authorized Equipment List (AEL) # for each equipment purchase. D. TRAINING EMPA Training funds may be used for a range of emergency management -related training activities to enhance the capabilities of state and local emergency management personnel through the establishment, support, conduct, and attendance of training. Training should foster the development of a community - oriented approach to emergency management that emphasizes engagement at the community level, strengthens best practices, and provides a path toward building sustainable resilience. The Recipient can successfully complete an authorized course either by attending or by conducting that course. • In order to receive payment for successfully attending a training course, the Recipient must provide a certificate of completion; all receipts that document the costs incurred by the Recipient in order to attend the course. • In order to receive payment for successfully conducting a course, the Recipient must provide the course sign -in sheet. with all receipts that document the costs incurred by the Recipient in order to conduct the course. • In order to receive payment for successfully conducting a workshop, the recipient must provide workshop sign -in sheets, materials used for workshop, and all receipts that document the costs incurred by the Recipient in order to conduct the workshop. 28 116 For training, the number of participants must be a minimum of fifteen (15) in order to justify the cost of holding a course. For questions regarding adequate number of participants, please contact the Division State Training Officer for course specific guidance. Unless the recipient receives advance approval from the State Training Officer for the number of participants, then the Division must reduce the amount authorized for reimbursement on a pro -rata basis for any training with less than fifteen (15) participants. Allowable training -related costs include the following: Develop, Deliver, and Evaluate Training. This includes costs related to administering the training: planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment. Training should provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Any training or training gaps, including those for children and individuals with disabilities or access and functional needs, should be identified in the Integrated Preparedness Program (IPP) and addressed in the training cycle. States are encouraged to use existing training rather than developing new courses. When developing new courses states are encouraged to apply the Analyze, Design, Develop, Implement and Evaluate (ADDIE) model for instruction design. • Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of attendance at FEMA and/or approved training courses and programs are allowable. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the state or unit(s) of local government and has the approval of the state or FEMA, whichever is applicable. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. • Travel. Travel costs (e.g., airfare, mileage, per diem, and hotel) are allowable as expenses by employees who are on travel status for official business related to approved training. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part-time staff or contractors/consultants may be hired to support direct training -related activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state or FEMA, whichever is applicable. • Certification/Recertification of Instructors. Costs associated with the certification and re- certification of instructors are allowed. States are encouraged to follow the FEMA Instructor Quality Assurance Program to ensure a minimum level of competency and corresponding levels of evaluation of student learning. This is particularly important for those courses which involve training of trainers. Conferences The Division recognizes the important role that conferences can play in the professional development of emergency managers. Rule 691-42.002(3), Florida Administrative Code, defines the term conference as: The coming together of persons with a common interest or interests for the purpose of deliberation, interchange of views, or for the removal of differences or disputes and for discussion of their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion, and work in some specific field or on a governmental problem or problems. A conference does not mean the coming together of agency or interagency personnel. For travel to a conference or convention to qualify for reimbursement, the cost must be reasonable and attendance at the conference must be necessary for the successful completion of a task required by this Agreement. 29 117 Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, travel to a conference that complies with the requirements of Rule 691-42.004, Florida Administrative Code, satisfies the minimum level of service for conference travel under this Agreement. In pertinent part, Rule 691-42.004(1), Florida Administrative Code, states "No public funds shall be expended for attendance at conferences or conventions unless: • The main purpose of the conference or convention is in connection with the official business of the state and directly related to the performance of the statutory duties and responsibilities of the agency participating; • The activity provides a direct educational or other benefit supporting the work and public purpose of the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with the objectives of the conference or convention; and • The request for payment of travel expenses is otherwise in compliance with these rules. Provided the cost qualifies as reasonable and necessary for the successful completion of a task required by this Agreement, and provided any related travel complies with the requirements of Rule 691-42.004, Florida Administrative Code, conferences may qualify for reimbursement under this Agreement: Requests for reimbursement for payment of the registration fee or for a conference or convention must include: • A statement explaining how the expense directly relates to the Recipient's successful performance of a task outlined in this Agreement; • A copy of those pages of the agenda that itemizes the registration fee; • A copy of local travel policy; and, • A copy of the travel voucher or a statement that no travel costs were incurred, if applicable. When a meal is included in a registration fee, the meal allowance must be deducted from the reimbursement claim, even if the traveler decides for personal reasons not to eat the meal. See section 112.061(6)(c), Florida Statutes ("No one, whether traveling out of or in state, shall be reimbursed for any meal or lodging included in a convention or conference registration fee paid by the state"). A continental breakfast is considered a meal and must be deducted if included in a registration fee for a convention or conference. However, in the case where a meal is provided by a hotel or airline, the traveler shall be allowed to claim the meal allowance provided by law. Class A, Class B, and Class C Travel: Class A travel is continuous travel of 24 hours or more away from official headquarters. The travel day for Class A is based on a calendar day (midnight to midnight). Class B travel is continuous travel of less than 24 hours which involves overnight absence away from official headquarters. The travel day for Class B travel begins at the same time as the travel period. Class C travel is short or day trips in which the traveler is not away from his/her official headquarters overnight. Class C allowances are currently not authorized for reimbursement. Meal Allowance and Per Diem: Section 112.061(6)(b), Florida Statutes, establishes the meal allowance for each meal during a travel period as follows: $6 for breakfast (when travel begins before 6 a.m. and extends beyond 8 a.m.); $11 for lunch (when travel begins before 12 noon and extends beyond 2 p.m.); $19 for dinner (When travel begins before 6 p.m. and extends beyond 8 p.m. or when travel occurs during nighttime hours due to special assignment.). Section 112.061(a), Florida Statutes, establishes the per diem amounts. All travelers are allowed: The authorized per diem for each day of travel; or, If actual expenses exceed the allowable per diem, the amount allowed for meals as provided in s. 112.061(6) (b), F.S., plus actual expenses for lodging at a single occupancy rate. 30 118 Per diem shall be calculated using four six -hour periods (quarters) beginning at midnight for Class A or when travel begins for Class B travel. Travelers may only switch from actual to per diem while on Class A travel on a midnight to midnight basis. A traveler on Class A or B travel who elects to be reimbursed on a per diem basis is allowed $20.00 for each quarter from the time of departure until the time of return. Reimbursement for Meal Allowances That Exceed the State Rates The Division shall not reimburse for any meal allowance that exceeds $6 for breakfast, $11 for lunch, or $19 for dinner unless: • For counties — the requirements of section 112.061(14), Florida Statutes, are satisfied; • The costs do not exceed charges normally allowed by the Recipient in its regular operations as the result of the Recipient's written travel policy (in other words, the reimbursement rates apply uniformly to all travel by the Recipient); and, • The costs do not exceed the reimbursement rates established by the United States General Services Administration ("GSA") for that locale (see https://www.gsa.gov/portal/content/l04877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within fifty (50) miles (one-way) of his or her headquarters or residence unless the circumstances necessitating the overnight stay are fully explained by the traveler and approved by the Division. • Absent prior approval from the Division, the cost of any hotel accommodation shall not exceed $175 per night. Trainino Costs Su000rtina Documentation • Copies of contracts or agreements with consultants or sub -contractors providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statements for proof of payment; • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets they must be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPA activities: • Copies of all receipts must be submitted (i.e., airfare, proof of mileage, toll receipts, hotel receipts, car rental receipts, etc.) Receipts must be itemized and match the dates of travel/conference; • Copies of Conferences must be providing an agenda. Proof of payment is also required for all travel and conferences. If the Recipient seeks reimbursement for travel costs that exceed the amounts stated in section 112.061(6)(b), Florida Statutes ($6 for breakfast, $11 for lunch, and $19 for dinner), then the Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Recipient in its regular operations as a result of the Recipient's written travel policy; and participation of the individual in the travel is necessary to the Federal award. E. EXERCISES Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's Integrated Preparedness Program (IPP) for the core capabilities needed to address its greatest risks. Allowable Exercise -Related Costs • Design, Develop, Conduct and Evaluate an Exercise. This includes costs related to planning, meeting space and other meeting costs, facilitation costs, materials and supplies, travel, and documentation. Recipients are encouraged to use free public 31 119 space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises shall provide the opportunity to demonstrate and validate skills learned, as well as to identify any gaps in these skills. Gaps identified during an exercise including those for children and individuals with disabilities or access and functional needs, shall be identified in the AAR/IP and addressed in the exercise cycle. Hiring of Contractors or Consultants. Contractors or Consultants may be hired to support direct exercise activities. Payment of salaries and fringe benefits must be in accordance with the policies of the state or unit(s) of local government and have the approval of the state. The services of contractors/consultants may also be procured to support the design, development, conduct and evaluation of exercises. Overtime and Backfill. The entire amount of overtime costs, including payments related to backfilling personnel, which are the direct result of time spent on the design, development and conduct of exercises are allowable expenses. These costs are allowed only to the extent the payment for such services is in accordance with the policies of the local government. In no case is dual compensation allowable. That is, an employee of a unit of government may not receive compensation from their unit or agency of government AND from an award for a single period of time (e.g., 1:00 p.m. to 5:00 p.m.), even though such work may benefit both activities. Travel. Travel costs (e.g., airfare, mileage, per diem, hotel) are allowable as expenses by employees who are on travel status for official business related to the planning and conduct of the exercise activities. Supplies. Supplies are items that are expended or consumed during the course of the planning and conduct of the exercise activities (e.g., gloves, non-sterile masks, fuel, and disposable protective equipment). Other Items. These costs are limited to items consumed in direct support of exercise activities such as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Recipients are encouraged to use free public space/locations, whenever available, prior to the rental of space/locations. Costs associated with inclusive practices and the provision of reasonable accommodations and modifications that facilitate full access for children and adults with disabilities are allowable. When conducting an exercise that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than twenty-five (25) days prior to the event to allow for both the Division and the Department of Financial Services to review. The request for meals must be submitted on letterhead and must include the date of exercise, agenda, number of attendees, and costs of meals. Unauthorized Exercise -Related Costs • Reimbursement for the maintenance and/or wear and tear costs of general use vehicles (e.g., construction vehicles) and emergency response apparatus (e.g., fire trucks, ambulances). The only vehicle costs that are reimbursable are fuel/gasoline or mileage; • Equipment that is purchased for permanent installation and/or use, beyond the scope of exercise conduct (e.g., electronic messaging signs); • Durable and non -durable goods purchased for installation and/or use beyond the scope of exercise conduct. If the recipient seeks reimbursement for exercise activities, then the following shall be submitted: • Documentation clearly indicating the purpose/objectives of the exercise (e.g. Situation Manual, Exercise Plan); • After -action report with Improvement Plan (AAR/IP), Sign -In sheets, Agenda; • Receipts and proof of payment (e.g. canceled check, electronic funds transfer confirmation, credit card statement, bank statement) for supplies expenditures (e.g. copying paper, gloves, tap, etc.); 32 120 • Invoices and proof of payment for Travel costs (e.g., internal travel voucher, airfare, mileage, per diem, hotel) related to exercise activities; • Proof of purchase methodology, if applicable (e.g. quotes, sole source, state contract, competitive bid results). No later than 90 days after completion of an exercise, the recipient must upload to the DEMES an After Action Report (AAR) that includes the following: An Improvement Plan; and, A roster of participants. F. MANAGEMENT AND ADMINISTRATIVE (M&A) M&A activities are those defined as directly relating to the management and administration of EMPA Program funds, such as financial management and monitoring. It should be noted that salaries of state and local emergency managers are not typically categorized as M&A, unless the state or local EMA chooses to assign personnel to specific M&A activities. Management and Administrative Costs Supporting Documentation • Copies of certified timesheets with employee and supervisor signature documenting hours worked or Division Form 6 - Time and Effort and proof employee was paid (paystubs, earning statements, and payroll expenditure reports); • Costs for M&A activities are allowed up to 5% of the total award amount. Supplanting Prohibited Section 252.372, Florida Statutes, states that the monies from the EMPA Trust Fund "may not be used to supplant existing funding." Additionally, Rule 27P-19.003(3), Florida Administrative Code, states: "Funds received from the [EMPA] Trust Fund may not be used to supplant existing funding, nor shall funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund." II. OTHER CRITICAL INFORMATION A. RULE 27P-19. FLORIDA ADMINISTRATIVE CODE Rule 27P-19.010(11), Florida Administrative Code, states: "Allowable costs shall be determined in accordance with applicable Federal Office of Management and Budget Circulars..." Therefore, unless a specific exception applies, 2 CFR Part 200 Subpart A (Definitions) and Subpart E (Cost Principles) shall apply to this Agreement. Expenses To qualify for reimbursement under the terms of this Agreement, an expense incurred by the Recipient must be reasonable and necessary for the successful completion of a task required by this Agreement. If an expense fails to qualify as either reasonable or necessary to successfully compete a task, then the Division shall not provide any reimbursement for that expense. NOTE: This Scope of Work recognizes that each Recipient: • Might be at a different level of preparedness than another Recipient • Operates within a unique geography • Faces unique threats and hazards • Serves a unique population Therefore, what might qualify as reasonable and necessary for one Recipient to successfully complete a task under this Agreement might not qualify as reasonable and necessary for another Recipient to successfully complete a task. Conversely, what might not qualify for one may qualify for another. f«3 121 To avoid a "one size fits all" approach, this Agreement provides some level of flexibility. If a unique cost (e.g. equipment not listed on the EMPG AEL) qualifies as reasonable and necessary for the successful completion of a task under this Agreement, and if the Recipient receives permission from the Division prior to incurring that unique cost, then the Division shall reimburse the Recipient for that cost. Performance To qualify for reimbursement under the terms of this Agreement, the Recipient's performance must satisfy the minimum level of service required for the successful completion of a task required by this Agreement. If the performance fails to satisfy the minimum level of service, then the Division shall not provide any reimbursement for that performance. B. INDIRECT COSTS Indirect cost is allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Recipients with a negotiated cost rate agreement that desire to charge indirect costs to an award must provide a copy of their negotiated indirect cost rate agreement at the time of application. Recipients that are not required by 2 C.F.R. Part 200 to have a negotiated indirect cost rate agreement but are required by 2 C.F.R. Part 200 to develop an indirect cost rate proposal must provide a copy of their proposal at time of application. Post -award requests to charge indirect cost will be considered on case-by-case basis and based upon the submission of an agreement or proposal. C. PROCUREMENT All Procurement transactions will be conducted in a manner providing full and open competition and shall comply with the standards articulated in: • 2 C.F.R. Part 200; • Chapter 287, Florida Statues; and, • Any local procurement policy. Per 2 CFR 200.318 through 200.326, Recipients are required to adhere to certain procurement standards for entering contracts for personnel or services. This includes full and open competition, methods of procurement to follow, federal or passthrough entity review, and including federal provisions intro contracts. D. FINANCIAL CONSEQUENCES: If a recipient fails to comply with the terms and conditions of the State award, the Division may terminate the award in whole or part. If the noncompliance can be corrected, the Division may first attempt to direct the recipient to correct the noncompliance. This may take the form of a Compliance Notification. If the noncompliance cannot be correct or the recipient is nonresponsive, one or more of the following steps may be taken: (1) Temporarily withhold payments pending correction of the deficiency by the recipient. (2) Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. (3) Wholly or partly suspend or terminate the award. (4) Take other remedies that may be legally available. 34 122 FY 2024 EM PA AGREEMENT ATTACHMENT A (2) PROPOSED PROGRAM BUDGET DETAIL WORKSHEET The Recipient shall use the Emergency Management Preparedness and Assistance ("EMPA") Trust Fund monies authorized by this Agreement in order to complete the tasks outlined in the Scope of Work (Attachment A). The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Recipient and the Division during the performance of the tasks outlined in the Scope of Work (Attachment A). Prior to execution of this Agreement, the Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Recipient changes the "Proposed Program Budget Detail Worksheet", then the Recipient's quarterly reports must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. BUDGET SUMMARY AND EXPENDITURES RECIPIENT: INDIAN RIVER COUNTY AGREEMENT: A0345 1. PLANNING $ 2. ORGANIZATION $ 105,806.00 3. EQUIPMENT $ 4. TRAINING $ 5. EXERCISE $ 6. MANAGEMENT AND ADMINISTRATION $ 7. TOTAL AWARD $ 105,806.00 FY 2023-2024 PROPOSED PROGRAM BUDGET DETAIL WORKSHEET - ELIGIBLE ACTIVITIES (Not limited to activities below) Allowable Planning Costs Quantity Unit Cost Total Cost Emergency Operations Plan Salaries and Fringe Benefits Supplies Travel/per diem related to planning activities TOTAL PLANNING EXPENDITURES $ Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits 1 $105,806 $105,806.00 Utilities (electric, water and sewage) 35 123 Service/Maintenance agreements Supplies/Materials Memberships Publications Postage Storage TOTAL ORGANIZATION EXPENDITURES $ 105,806.00 Allowable Equipment Acquisition Costs Quantity Unit Cost Total Cost Personal protective equipment Information technology Cybersecurity enhancement equipment Interoperable communications equipment Detection Equipment Power equipment CBRNE Reference Materials CBRNE Incident Response Vehicles Physical Security Enhancement Equipment Logistics Other authorized equipment costs 21GN-00-OCEQ - EOC Equipment & Supplies (provide description of EOC equipment & supplies) TOTAL EQUIPMENT EXPENDITURES $ Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences 36 124 Certification/Recertification of Instructors Travel Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $ Allowable Exercise Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Design, Develop, Conduct and Evaluate an Exercise in accordance with HSEEP standards Exercise Planning Workshop Travel Supplies Overtime and Backfill TOTAL EXERCISE EXPENDITURES Allowable Management and Administration Costs (Up to 5% of total award) Quantity Unit Cost Total Cost Salaries and Fringe Benefits TOTAL MANAGEMENT AND ADMINISTRATION EXPENDITURES TOTAL EXPENDITURES $105,806.00 REVISION DATE: 37 125 FY 2024 EMPA AGREEMENT ATTACHMENT A (3) QUARTERLY REPORTS Recipients must provide the Division with quarterly financial reports and a final close-out report. • Quarterly financial reports are due to the Division no later than forty-five (45) days after the end of each quarter of the program year and must continue to be submitted each quarter until submission of the final close-out report. The ending dates for each quarter of this program year are September 30, December 31, March 31, and June 30. Reporting Period Report due to Division no later than July 1 through September 30 November 15 October 1 through December 31 February 15 January 1 through March 31 May 15 April 1 through June 30 August 15 The Recipient shall provide all support documentation for the quarterly financial reports. A. The Recipient must provide all supporting documentation for the quarterly financial reports. The Division shall accept back up documentation by email if the County is not able to upload on Salesforce. B. The Quarterly Tasks form 1 B is due with your quarterly financial report each quarter. This form identifies all Emergency Management personnel's required training completed (or working towards completion) as well as quarterly deliverables during the agreement period. C. In order to ensure compliance with Rule 27P-19.011, Florida Administrative Code, the Local Budget Match Requirement Form shall be completed and sent when the Local County Budget is approved or by November 15, 2024. The County shall provide a copy of the current Emergency Management Local Budget (General Revenue) including approved budget date with the form. If the County's current budget is lower than the previous year, or the average of the last three years, the county is required to request a Waiver no later than forty-five (45) days after the county budget is approved. D. In a format provided by the Division, Form 4 — Staffing Detail and position descriptions of each funded county emergency management staff shall be submitted no later than November 15, 2024, or along with 1St quarter reimbursement submission, whichever occurs first. E. The final close-out report is due sixty (60) days after termination of this Agreement by August 30, 2025, or 60 days after completion of activities contained in this agreement, whichever occurs first. An administrative closeout may be conducted when a recipient is not responsive to the Division's reasonable efforts to collect required reports, forms, or other documentation needed to complete the standard award and/or closeout process. FDEM will make three written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, FDEM may decide to impose remedies for noncompliance per 2 C.F.R. § 200.339, consider this information in reviewing future award applications, or apply special conditions to existing or future award 126 FY 2024 EMPA AGREEMENT ATTACHMENT B JUSTIFICATION OF ADVANCE PAYMENT RECIPIENT: If you are requesting an advance, indicate same by checking the box below. [ ] ADVANCE REQUESTED Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. These funds are needed to pay staff, award benefits to clients, duplicate forms and purchase start-up supplies and equipment. We would not be able to operate the program without this advance. If you are requesting an advance, complete the following chart and line item justification below. ESTIMATED EXPENSES BUDGET CATEGORY/LINE ITEMS Fiscal Year 2024 Anticipated Expenditures for (list applicable line items) First Three Months of Contract For example ADMINISTRATIVE COSTS: For example PROGRAM EXPENSES: TOTAL EXPENSES: LINE ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification must include supporting documentation that clearly shows the advance will be expended within the first ninety (90) days of the contract term. Support documentation should include, but is not limited to the following: quotes for purchases, delivery timelines, salary and expense projections, etc. to provide the Division reasonable and necessary support that the advance will be expended within the first ninety (90) days of the contract term. Any advance funds not expended within the first ninety (90) days of the contract term shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days of receipt, along with any interest earned on the advance) *REQUESTS FDR ADVANCE PAYMENTS WILL BE CONSIDERED ON A CASE BY CASE BASIS* Signature of Recipient/Subcontractor's Authorized Official Date: Name and Title of Recipient/Subcontractor's Authorized Official 39 127 FY 2024 EMPA AGREEMENT ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion Subcontractor Covered Transactions (1) The prospective subcontractor of the Recipient, , certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's subcontractor is unable to certify to the above statement, the prospective subcontractor shall attach an explanation to this form. SUBCONTRACTOR: By: Signature Recipient's Name Name and Title Division Contract Number Street Address City, State, Zip Date Project Number 40 128 FY 2024 EMPA AGREEMENT ATTACHMENT D WARRANTIES AND REPRESENTATIONS Financial Management Recipient's financial management system must include the following: (1) Accurate, current, and complete disclosure of the financial results of this project or program. (2) Records that identify the source and use of funds for all activities. These records shall contain information pertaining to grant awards, authorizations, obligations, unobligated balances, assets, outlays, income, and interest. (3) Effective control over and accountability for all funds, property, and other assets. Recipient shall safeguard all assets and assure that they are used solely for authorized purposes. (4) Comparison of expenditures with budget amounts for each Request for Payment. Whenever appropriate, financial information should be related to performance and unit cost data. (5) Written procedures to determine whether costs are allowed and reasonable under the provisions of the applicable OMB cost principles and the terms and conditions of this Agreement. (6) Cost accounting records that are supported by backup documentation. Competition (1) All procurement transactions shall be done in a manner to provide open and free competition. (2) Recipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure excellent contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids and/or requests for proposals shall be excluded from competing for such procurements. (3) Awards shall be made to the bidder or offeror whose bid or offer is responsive to the solicitation and is most advantageous to the Recipient, considering the price, quality, and other factors. (4) Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill for the bid or offer to be evaluated by the Recipient. All bids or offers may be rejected when it is in the Recipient's interest to do so. 41 129 Codes of Conduct Recipient warrants the following: (1) The Recipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. (2) No employee, officer, or agent shall participate in the selection, award, or administration of a contract supported by public grant funds if a real or apparent conflict of interest would be involved. Such a conflict would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated, has a financial or other interest in the firm selected for an award. (3) The officers, employees, and agents of the Recipient shall neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. (4) The standards of conduct shall provide for disciplinary actions to be applied for violations of the standards by officers, employees, or agents of the Recipient. Business Hours The Recipient shall have its offices open for business, with the entrance door open to the public, and at least one employee on site, from (Monday) through (Friday), and from (times) ( 8:30AM ) to ( 5:OOPM ). Licensing and Permitting All subcontractors or employees hired by the Recipient shall have all current licenses and permits required for all the particular work for which they are hired by the Recipient. 42 130 FY 2024 EMPA AGREEMENT ATTACHMENT E STATEMENT OF ASSURANCES The Recipient hereby assures and certifies compliance with all Federal statutes, regulations, policies, guidelines and requirements, including 2 C.F.R. Part 200; E.O. 12372 and Uniform Administrative Requirements for Grants and Cooperative Agreements 28 CFR, Part 66, Common rule, that govern the application, acceptance and use of Federal funds for this federally -assisted project. Also, the Applicant assures and certifies that: 1. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (P.L. 91-646) which provides for fair and equitable treatment of persons displaced as a result of Federal and federally assisted programs. 2. It will comply with provisions of Federal law which limit certain political activities of employees of a State or local unit of government whose principal employment is in connection with an activity financed in whole or in part by Federal grants (5 USC 1501, et. Seg.). 3. It will comply with the minimum wage and maximum hour's provisions of the Federal Fair Labor Standards Act. 4. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. 5. It will give the sponsoring agency or the Comptroller General, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the grant. 6. It will comply with all requirements imposed by the Federal sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements. 7. It will ensure that the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA. 8. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, Public Law 93-234, 87 Stat. 975, approved December 31, 1976, Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance. 9. It will assist the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470), Executive Order 11593, and the Archeological and Historical Preservation Act of 1966 (16 USC 569a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of Investigations, as necessary, to 43 131 identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (See 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties. 10. It will comply, and assure the compliance of all its Recipients and contractors, with the applicable provisions of Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, the Juvenile Justice and Delinquency Prevention Act, or the Victims of Crime Act, as appropriate; the provisions of the current edition of the Office of Justice Programs Financial and Administrative Guide for Grants, M7100.1; and all other applicable Federal laws, orders, circulars, or regulations. 11. It will comply with the provisions of 28 CFR applicable to grants and cooperative agreements including Part 18, Administrative Review Procedure; Part 20, Criminal Justice Information Systems; Part 22, Confidentiality of Identifiable Research and Statistical Information; Part 23, Criminal Intelligence Systems Operating Policies; Part 30, Intergovernmental Review of Department of Justice Programs and Activities; Part 42, Nondiscrimination/Equal Employment Opportunity Policies and Procedures; Part 61, Procedures for Implementing the National Environmental Policy Act; Part 63, Floodplain Management and Wetland Protection Procedures; and Federal laws or regulations applicable to Federal Assistance Programs. 12. It will comply, and all its contractors will comply, with the non-discrimination requirements of the Omnibus Crime Control and Safe Streets Act of 1968, as amended, 42 USC 3789(d), or Victims of Crime Act (as appropriate); Title VI of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; Subtitle A, Title II of the Americans with Disabilities Act (ADA) (1990); Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975; Department of Justice Non -Discrimination Regulations, 28 CFR Part 42, Subparts C,D,E, and G; and Department of Justice regulations on disability discrimination, 28 CFR Part 35 and Part 39. 13. In the event a Federal or State court or Federal or State administrative agency makes a finding of discrimination after a due process hearing on the Grounds of race, color, religion, national origin, sex, or disability against a Recipient of funds, the Recipient will forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs. 14. It will provide an Equal Employment Opportunity Program if required to maintain one, where the application is for $500,000 or more. 15. It will comply with the provisions of the Coastal Barrier Resources Act (P.L. 97-348) dated October 19, 1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal funds within the units of the Coastal Barrier Resources System. 16. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug -Free Workplace Act of 1988, and implemented at 28 CFR Part 67, Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. 132 GRANT NAME: EMPA Grant GRANT# A0435 AMOUNT OF GRANT: $ 105,806.00 DEPARTMENT RECEIVING GRANT: Emergency Services -Emergency Management CONTACT PERSON: Erin Reyes PHONE NUMBER: 772-226-3990 Description 1. How long is the grant for? 1 year Starting Date: July 1, 2024 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match N/A 0% 011.13 Other Salaries & Wages 5. Grant match amount required $ N/A N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? N/A N/A 7. Does the grant cover capital costs or start-up costs? N/A Yes No If no, how much do you think will be needed in capital costs or startup costs? N/A N/A (Attach a detail listing of costs) $ N/A Retirement -Contributions 8. Are you adding any additional positions utilizingthe grant funds? If yes, please list. (If additional space is neededplease attach a schedule.) Yes X No N/A Acct. Description Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages N/A N/A N/A N/A N/A 012.11 Social Security N/A N/A N/A N/A N/A 012.12 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 1 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Compensation N/A N/A N/A N/A N/A 012.17 S/Sec. Medicare Matching N/A N/A N/A N/A N/A TOTAL N/A N/A N/A N/A N/A 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A 10. What is the estimated cost of the grant to the county over five years? Signature of Preparer: £T:« 99W Date: June 24, 2024 133 Grant Other Match Costs First Year N/A N/A N/A N/A Second Year N/A N/A N/A N/A Third Year N/A N/A N/A N/A Fourth Year N/A N/A N/A N/A Fifth Year N/A N/A N/A S N/A Signature of Preparer: £T:« 99W Date: June 24, 2024 133 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator THROUGH: Kylie Yanchula, Natural Resources Director FROM: Eric Charest, Assistant Natural Resources Director SUBJECT: Release of Retainage for Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project (IRC -2315) DATE: June 11, 2024 DESCRIPTION AND CONDITIONS On November 7, 2023, the Board of County Commissioners awarded Bid No. 2024004 to Dickerson Infrastructure Inc., dba Dickerson Florida Inc., in the amount of $13,078,244.36 for the Sector 3 Beach Hurricanes Ian and Nicole Dune Renourishment Project (Project) (IRC -2315). Due to erosional impacts observed from Hurricanes Ian and Nicole in late 2022 triggering the need for dune renourishment along Sector 3, the Project was designed to place approximately 274,368 cubic yards (cy) of beach compatible fill and install approximately 728,633 native salt tolerant dune plants along the 6.6 miles of Sector 3 coastline from Florida Department of Environmental Protection (FDEP) Coastal Range Monument R-20 to R-55 (south of the Seaview subdivision in the north to just south of the Turtle Trail Beach Access). Construction forthe Project commenced on December 1, 2023, and ran through April 10, 2024, when on -beach construction was determined to be substantially complete. Change Order No. 1 executed on March 1, 2024, authorized a 21 -day extension to the terms of the contract due to significant weather events making on -beach construction activities not possible for multiple days. Due to the contractor's diligent efforts in completing the Project prior to sea turtle nesting season halting on -beach construction, the granted 21 -day extension was not utilized. Change Order No. 2, executed on June 11, 2024, accounts for decreases in contracted amounts of sand delivered/placed due to changing conditions on the beach throughout the duration of construction. Placement surveys performed on the completed project area showed that 223,040.09 cy of the 274,368 cy approved for Bid No. 2024004 was needed to complete Sector 3 Hurricanes Ian and Nicole Dune Renourishment construction. Change Order No. 2 decreasesthe amount of sand by 51,327.9 cy (a reduction of $2,001,788.49) and decreases the Force Account by $1,485,031.87, resulting in lowering the completed final project cost to $9,591,424.00. Construction of the Sector 3 Hurricanes Ian and Nicole Dune Restoration Project has since been deemed complete by the County and contracted Engineer, Aptim Environmental & 134 Page 2 Sector 3 Hurricanes Ian and Nicole Dune Renourishment Retainage (IRC 2315) July 2, 2024 BCC Meeting Infrastructure, LLC (APTIM). Certification of project completion, a requirement under the permits issued for the Project, have been submitted by APTIM to the FDEP and the United States Army Corps of Engineers providing verification that construction activities complied with all permit requirements. The warranty period for dune plants installed within the past 90 days remains in effect and those plants will continue to be monitored for survival and growth requirements until the end of the 90 -day warranty period. Dickerson Florida, Inc., has been paid $9,111,852.80 to date, with $479,571.20 held in retainage. Dickerson Florida, Inc., has submitted Contractor's Application for Payment No. 2315-6 for release of retainage in the amount of $479,571.20. Local Funding for the Sector 3 Hurricanes Ian and Nicole Dune Renourishment Project is provided by a portion of Local Option Tourist Tax, FEMA Project Worksheets, and Local Government Funding Request Grant 231R2. Additional State cost -share funding maybe made available under a LGFR Application currently under review for award by the FDEP. FUNDING Funding, in the amount of $105,505.67, will come from the Coastal Engineering Fund/Retainage- Dickerson Infrastructure/Hurricane Ian account, number 128-206000-22601, along with $374,065.53 from the Coastal Engineering Fund/Retainage-Dickerson Infrastructure/Hurricane Nicole account, number 128-206000-23007, for a total amount of $479,571.20. Account Name Account Number Amount Beach Restoration/Retainage-Dickerson Florida, Inc. 128-206000-22601 $105,505.67 Beach Restoration/Retainage-Dickerson Florida, Inc. 128-206000-23007 $374,065.53 Total Retainage to Release $479,571.20 RECOMMENDATION Staff recommends release and payment of Contractor's retainage in the amount of $479,571.20. ATTACHMENTS Sector 3 Pay App No. 2315-6 Change Order No. 2315-2 APPROVED AGENDA ITEM FOR July 2, 2024 135 RECTION 00622 *�- ms's A0011110911IMfot Payment.. 5►E+ iR 31iUR l fit i 1,1 ANO MMUDWI :�RMMRIS H hll GT For Work Accomplished throuah the oeriod of 5131/2C To: Indian River County (OWNS From: Dickerson infrastructure Inc (i'+JrI'F Project No.: Errorl Reference source not found. Bid 'No.: Entill _Reference source not found. 1) Mach detailed schedule and copies of aU paid invoices. Application for�� No-ot hrouah 611012,. 1. Original Contract Price: SISA078,244.36 2. Net change by Change Orders and Written Amend mer (* or - -$3,486.820.36 3. Current Contract Price (1 plus 2) $9,591,424.00 4. Total completed and stoned to date: $9,591,424.00 5. Retainage (per Agreement): 5% of completed Work - __2A of retainage: $0.00 Total Retainage: 6. Total completed and stored to date less retainage (4 minus,# 7. Lass prievious Applic Wn for Payments: 8(i 8, DUE THIS APPLIC,xA`I N 6 MINUS 7A4 71.2 NTRACT,OR'SCERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned 0OMM-CT0,lR certifies thot (i)the labor.and materials listed onlhis request for payment have been lusid In the. owntructioln of this Word payment received f"n The last pay request has been used to make, paymerits to 00 4$ub0MftGtDM, laborers, materialmen and suppliers except as listed on AtWwnent A, below; tib of all AF c, materials and .equipment incorporated in said Work or otherwise listed in or covered Application fb,r Payment will pass to OWNER at time of payment free and clear of all Liens, trt and encumbrances (except such as are covdW, by a Bond acceptable to OWNER Mom" OW-ISIER against any such Lien, security interest or encumbranceX (4) a# Work covered far Payment is in accordance utr the Coat Documents and not defective; and (5) If this Period Estimate is for a Final Payment to project or irnprovemerd, I further certify that all persons doing work upon or furnishing materials or supplies for this ptoject or Improvement under this for frig c orifi t have been paid In full, and that all takes impd by Chapter 212 FloridaStatutes, (Sales and -Use Tax Act, as Amended) have been paid and dtscd*TMd, and that. I have tto claims againstthe O5VN. Attached to or sL muted with this form are; 1. Signed release of lien fo a (partial orapplicable) from all subomftoWni, labor, materiaimen and suppliers except as listed on,Aliment A, together with an explana io as to why any release of lien form is not included-, Contractor's Application for Partial Payment - 06-09 rev - 00622-1 Y:\Jobs\4154 - IRC SECTOR 3 BEACH RENOURISHMENT\PAY APPLICATIONS\4154 SECTION 00622 06 -JUNE � a3&4:dNrEit (Signature of'�l ey Rubk - o f-lorida) (Print, Type, or Sitamp Coram ,, Name of Notary PIW >� C - GL who is personally known to me or 0 who has produced ` commsJkpn18, 2 T+,•..,..•e � Ex iresApnl 8, 2028 as identification. .��PF,P Rease remit payment to: Contractor's Name: —Dilckerwnhylkwhadwo Address: PO Box 910 _Fort Pierce, FL 34954 ***�,�r,�*�r9e�*it*k�kirJr***�•,t•�,�t••x*YrJr ,�**** [The remainder of this page was left blank intentionally] ContracM&App1icat16n4lt:ftMWftVM tt'46.09 rev - 00622 - 2 https://dfifl-my.siarepoint.com/personal/sdew y_dfiff_onmicrosoft_mm/Dmur nts/4154 SECTION 0062206-JUNEjr32724.d0tz CONSENT OF SURETY owrix TO FINAL PAYMENT ARCHITPtT AiADocumera G707 suRHrr Rnnd Nn 1n7R97173 tiTHEIi, TO OWNEL- ARCHITECTS PROJECT NO.: fNmae srmtmdd�cl Indian River County 1801 27th Street CONTRACT POR: Sector 3 Hurricanes Ian and Nicole Due Vero Beach, FL 32960 Renourishment Project; IRC-2315 PROJECT: CONTRACT DATED: {Nrrnte and aedJisstl Sector 3 Hurricanes Ian and Nicole Due Renourishment Project; IRC-2315 In accordance with the provisions ofd: Contract between the Owner anti the Contmaor as indicated above, the flnsrrr+zmnrand aefiias afSNreryy Travelers Casualty and Surety Company of America One Tower Square Hartford, CT 06183 SURETit, on bond of fJnartt rranre axd eaTdrrcc gf�nraa,9 Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. 3122 North 25th Street Fort Pierce, FL 34946 CO.rVTRACTOR, hereby approves of the firm payment to the Contractor, and agrees that final payment to the Contractor shalt ncu relieve the Surety of any of Its obligations to fbaava nmaraerd afOuruv j Indian River County 1801 27th Street Vero Beach, FL 32960 OWh'fiR, as set forch in said Surety's bond. IN UUMESS WB ERHOF, the Surety has hereunto set im hand an this date: June 11, 2024 ftn*w in Xiidnyq ll� tbJdioned LN l6 r tuuncriC daucarrd}sr+r l ��aflsot>y Travelers Casualty and Surety Company of America e3�q„anm ofar.�bo,� �eprrxntaritrl Angela D. Ramsey, Attomey-in-Fact Travelers Casco rand Su" 6npany of America Travelem Casualty and Sunil *9mpany Sit. Pad Fire and Marine Insulrance Company Farminaftn, Casualty Company POWER OF ATLORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, St. Paul Fire and Marine Insurance Company, and Farmington Casualty Company are corporations duty organized under the laws of the State of Connecticut (herein collectively called the "Companies'), and that the Companies do hereby make, constitute and appoint Angela D. Ramsey Of Charlotte , NG , their true and lawful Attorney(s)win-Fact to sign, execute, seal and acknowledge the following bond: Surety Bond No.: 't&897123 Principal: Dickerson Infrastructure, Ihe.,d g Dickerson Florida, fn0. OR Obligee: Indian River County Project Description: Sector 3 Hurricanes Ian and Nicole Due Renourishment Project; IRC -2315 IN WITNESS WHEREOF, tate Companies have caused this instrument to be signed, and their corporate seals to be hepato affixed, this 21st day of April, 2021. ,1 State of Connecticut 11111111111111111W PAW By: City of Hartford ss. , tMlpii tV40pfts ". On this the 21st day of April, 2021, before me personally appeared R !L,1g11NV. *ho acknowledged himsetfto be the SenlorWePresfAhlttcirtrah of the Companies, and that he. as such, being authorized so to do, a tijla lits"oing instrument for the purposes therein contained by d'pft an _ behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF, I hereunto set my hand and official seal - My Commission expires the 30th day of June, 2026 "p°""� ruc a Anna P. Nowik, Notary "Ic This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatorrfl'ih#0nall ire of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her, and it is FURTHER RESOLVED, that the Chairman, the President, any Vlow hairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED. that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeysdn-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President. any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of eachcli ttte Companies,:tttlffWOr certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which remains in full force and effect. Dated this 11 th day of June 2024 �t �. a �' C �i O� 13'ayb' o • it '36'ya Kevin . To verify the authenticity of this Power of Attorney, please call us at 1-800-421-3880. Please refer to the above-named Attomey(s)-in•Fact and the details of the bond to which this Power of Attorney is attached. certify that I have reviewed the above artd faregoing Pedoft Estimate for Partial Payment; that to the best of my knowledgaand'bOWI gappears to be a reasonably accurate statement of the work performed and/or serial supplied by the Contractor. I am not certifying as to whether or not ft Cofftetor has paid all subcontractors, labor, Materialmen and suppliers because. i Wh W in a position to accurately determine 'that issue. Dated 8ITURE CERTIFICATION OF INSPECT I have checked the estimate against the Contractors Schedule of Amounts for Cohba d Payments and the notes and teparts of My inspections of the project. To the best of knowledge, this statement of wofic perfcned and/or materials supplied appears to be reasonably accurate, that the Contmrtor appears to be observing the requirements of the Contract with respect to construction, and that the •Cptfactor should be paid the amount requested above., unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, labomrs, oWet almen and suppliers because I am not in a position to accurately determine that issue.. Dated SIGNATURE [The Remainder of, This Page Was Left Blank Intentionally] Contractor's Application for Partial Payment - 06-09 rev - 00622 - 4 https:/Idfifl-my.sharepoint.com/personal/sdewey_dfrf pnmicro,okcom/Documents/4154 SECTION 0062206-JUNE14024.docz 6. O 0) O V Z C m O w U_ CL Q V Q 6. 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U .O Z a M n- O b W Ln W Q Z H U W O of CL PA GE OM+*�Change order Form dvb- Net increase (decrease) this Order: Osw or d Tiew*kh all aD:,roved ' _..:; . moi:. —IR a r. Ha r. 7C7oConsent E INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kylie Yanchula, Natural Resources Director FROM: Melissa Meisenburg, Senior Lagoon Environmental Specialist SUBJECT: Approval to Submit an FWC Bulk Derelict Vessel Removal Grant Application DATE: June 14, 2024 DESCRIPTIONS AND CONDITIONS The Florida Fish and Wildlife Conservation Commission (FWC) has authorized the removal of four (4) derelict vessels from the Indian River Lagoon within thejurisdiction of Indian River County. Officersfrom FWC have investigated the vessels and determined the vessels as derelict in accordance with sections 705.101(3) and 823.11, Florida Statutes. The derelict designation from FWC allows for the vessels to be removed and properly disposed of, improving boating safety and removing these hazards to navigation and the environment. Outlaw Maritime, LLC has provided a cost proposal to the County of $34,500.00 to remove and dispose of the four (4) authorized derelict vessels following FWC best management practices. Staff has prepared an FWC Bulk Derelict Vessel Grant application providing detailed information on the proposed removal tasks. The FWC Bulk Derelict Vessel Removal Grant is a reimbursement grant for 100% of the costs associated with the cost of derelict vessel removal. FUNDING The cost to remove and dispose of the four (4) derelict vessels totals $34,500.00. If awarded, the FWC Bulk Derelict Vessel Removal Grant will provide the County with 100% reimbursement of the associated costs not to exceed $34,500.00. This task is budgeted for in the Florida Boating Improvement Program/IR Lagoon/Other Contractual Service Account #13328337-033490. Account Name Account No. Amount Florida Boating Improvement Program/IR Lagoon/Other Contractual Services 13328337- 033490 $34,500.00 RECOMMENDATION Staff recommends the Board of County Commissioners (Board) authorize the Chair to sign the FWC Bulk Derelict Vessel Removal Grant Application. In addition, staff recommends the Board authorize the County Administrator to execute the contract documents if funds are awarded. ATTACHMENTS 1. FWC Bulk DV Grant July 2024 APPROVED AGENDA ITEM FOR July 2, 2024 145 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION Derelict Vessel Removal Grant Application FOR OFFICE USE ONLY Derelict Vessel Removal Grant Application Number: Date Received: II. PROJECT SUMMARY I. APPLICANT INFORMATION August 2024 Indian River County Derelict Vessel Removal Applicant: Indian River County- Coastal Engineering Division a) Federal Employer ID No.: 59-60000674 bl Project Manager Name: Melissa Meisenburg cl Project Manager Title: Lagoon Environmental Specialist d) Mailing Address 1801 27th Street, Bldg A e) City/State/ZIP Vero Beach, FL 32960 f) Shipping Address 1801 27th Street, Bldg A g) City/State ZIP Vero Beach, FL 32960 h) Telephone 772-226-1651 i) FAX 772-778-9391 j) Email mmeisenburg@ircgov.com k) District Numbers: 1) State House 8 m) State Senate 17 II. PROJECT SUMMARY a) Project Title August 2024 Indian River County Derelict Vessel Removal b) Project Goal(s): Efficiently and safely remove four authorized derelict vessels from the Indian River Lagoon water body within Indian River County, Florida. c) Project Cost (Total): 34,500.00 146 d) Grant Amount Requested: e) Project Type(s): F✓ Bulk Derelict Vessel Grant (See Section V of guidelines for eligibility and F1 restrictions. Rapid Removal Derelict Vessel Grant (See Section VI of guidelines for eligibility and restrictions). Brief Project Summary (including the total number of derelict vessels that you are requesting be removed as part of this project). (Note that a detailed Project Summary/Scope of Work is required as an attachment to this application. As of July 2, 2024, four derelict vessels have been authorized for removal from the waters of the Indian River Lagoon within the boundaries of Indian River County. Using a contractor (Outlaw Maritime LLC) the County will efficiently and safely remove all four derelict vessels following the FWC Derelict Vessel Removal Guidelines. A detailed Scope of Work is attached to this document for review. III. JUSTIFICATION FOR RAPID REMOVAL GRANT REQUEST VS. BULK DERELICT VESSEL GRANT REQUEST Describe how the vessel to be removed meets the rapid removal criteria listed in Section VI of the Derelict Vessel Removal Grant guidelines using specific conditions which demonstrate it is in danger of imminent sinking, breaking apart, or is a critical danger to public safety or the environment. Not applicable, the application is for a Bulk Derelict Vessel Removal Grant. 147 IV. PROJECTED OUTCOMES How many total derelict vessels are there in the project's jurisdiction? What percentage of the total derelict vessels located within the project's jurisdiction will be removed by this project? (Limited to those listed in the Statewide Derelict Vessel Database). There are currently six open derelict vessel cases in Indian River County. There are currently four derelict vessels authorized for removal. Indian River County intends to remove approximately 67% of the open vessels cases, 100% of the authorized derelict vessels within the County. Describe the system to be used in demonstrating complete removal and destruction of the removed vessel(s). Include the procedure to verify contractor's completeness in removal of the vessel(s). A marine barge and crane will be used to lift and remove derelict vessels from the waters of the Indian River Lagoon. FWC Removal Guidelines will be followed to prevent impacts to the waters and surrounding area. The barge will transport removed vessels to the boat ramp for removal where they will be disposed of at an authorized landfill. Coastal Engineering staff will observe the removal process, documenting removal and disposal, including the inclusion of photos and landfill tickets in the final report. Upon completion of the removal, Coastal Engineering staff will inspect the location to insure all debris has been removed. FWC Law Enforcement will be notified prior to removal and upon removal completion with documentation. V. BUDGET Has a detailed cost estimate/proposal been developed for this derelict vessel removal project? If yes, attach a copy of application. ❑✓ YES ❑ NO VI. OTHER SOURCE OF FUNDS (STATUS) a. ❑ Federal ❑ State/Local ❑ Loan b. Grant Name: c. Approval Status: ❑ Approved ❑ Pending Agency: Amount: Intend to Apply, Date: 148 VII. LAW ENFORCEMENT CASE DATE (Include a line for each derelict vessel that you are requesting be removed as a part of this project) VIII. APPLICATION ATTACHMENTS CHECKLIST For mailed applications, include a copy on electronic media with paper copy or you may email entire application to: DVGrant@MyFWC.com Inc. Required Attachments ✓ a. Cover Letter: A brief letter explaining overview of project and responsible parties involved. ✓ b. Application: One (1) application with original signature from authorized individual. ✓ c. Project Proposal: a detailed description of the project as described in the application instructions. d. Delegation of Authority: Formal documentation to show that the person signing the application has the authority to apply for, administer and commit the governing body or not-for-profit organization to the grant project on behalf of the applicant. e. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor ❑✓ or a detailed cost estimate for the project elements. One (1) tabbed section for each vessel removal requested to include the Derelict Vessel Data Sheet (Attachment "A). 149 VESSEL AGENCY CASE VESSEL VESSEL REMOVAL AGENCY NUMBER REGISTRATION VESSEL MAKE LENGTH QUOTE 1 FWC FWC230N0001220 N/A UNKNOWN 40' $ 9,800.00 2 FWC FWC230N0045029 FL3139BU Columbia 25' $ 4,200.00 3 FWC FWC230N0082598 D0965OO7 Hyundia 48' $ 12,500.00 4 FWC FWC220N0088127 FL6O02JJ C&C 40' $ 8,000.00 5 6 7 8 9 10 11 12 13 TOTAL $ 34,500.00 VIII. APPLICATION ATTACHMENTS CHECKLIST For mailed applications, include a copy on electronic media with paper copy or you may email entire application to: DVGrant@MyFWC.com Inc. Required Attachments ✓ a. Cover Letter: A brief letter explaining overview of project and responsible parties involved. ✓ b. Application: One (1) application with original signature from authorized individual. ✓ c. Project Proposal: a detailed description of the project as described in the application instructions. d. Delegation of Authority: Formal documentation to show that the person signing the application has the authority to apply for, administer and commit the governing body or not-for-profit organization to the grant project on behalf of the applicant. e. Detailed Cost Estimate: Cost estimate in the form of a formal bid, written quote from proposed vendor ❑✓ or a detailed cost estimate for the project elements. One (1) tabbed section for each vessel removal requested to include the Derelict Vessel Data Sheet (Attachment "A). 149 APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority (see grant guidelines Section IV, 4.4) to sign on behalf of the Applicant and that the Applicant has the ability to undertake the proposed activities in compliance with the FWC Derelict Vessel Removal Grant Program Guidelines. I also certify that the applicant's governing body is aware of and has authorized the project manager as the official representative of the applicant to act in connection with this application and subsequent project, as well as to provide additional information as may be required. By my signature below, the applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and the resulting project if approved. Print/Type Name: Signature: STATE OF FLORIDA, COUNTY OF SELECT ONE Title: Date: personally, appeared before me this day of 20_ who subscribed and swore to the above instrument in my presence. Notary Public Name: My commission expires: NOTE: Instruction and further information regarding this application and the FWC Derelict Vessel Removal Grant Program can be found in the Program's Guidelines document or by contacting the Program Administrator at: Florida Fish and Wildlife Conservation Commission, Boating and Waterways Section, Derelict Vessel Program, 620 South Meridian Street, Tallahassee, FL 32399-1600 or call (850) 488-5600 150 Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC230N0001220 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. The vessel is located near the north end of Fitz Island in the City of Vero Beach. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.662947 (w) -80.374217 YES White 40' N/A FWC YES BULK REMOVAL YES NO 9,800.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 151 FWC23ON0001220 152 Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC230N0045029 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. Located in the Indian River Lagoon in a cute due west of Shore Drive in the Town of Indian River Shores. The vessel is pushed into the mangroves and has caused damage. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.673209 (W) -80.373251 YES White 25' FL3139BU FWC YES BULK REMOVAL NO NO 4,200.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 153 DV2 FWC23ON0045029 154 Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC230N0082598 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. The vessel is located on the southeast side of IR6 which is located within Pelican Island National Wildlife Refuge. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.813999 (W) -80.456225 YES White 48' D0965007 FWC YES BULK REMOVAL NO NO 12,500.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 155 DV3 FWC23ON0082598 156 Attachment A (Submit one (1) sheet for each vessel requested in grant application) Derelict Vessel Data Sheet Law Enforcement Case Number: FWC220N0088127 County of Vessel's Location: Indian River Has the vessel's owner or responsible party been charged with a violation of NO either Section 823.11, F.S. or Section 376.15, F.S.? If the vessel's owner or responsible party has not been charged with a violation of Section 823.11, F.S. or section 376.15, F.S., did law enforcement request that NO the State Attorney file charges directly? Describe the vessel's location: (example: Vessel is in shallow water within mangroves at boat ramp. Vessel is located east of the ICW just north of the SR 60 bridge in the City of Vero Beach. Vessel Coordinates: (Degrees -Decimal Minutes) Has law enforcement officer issued a Letter of Removal Authorization: Vessel Color: Vessel Length: Vessel Registration: Investigating Agency: Photo of Vessel: (include photos as attachment in this tab) Select Removal Type: Are there pollutants on the vessel requiring removal? Is the vessel located in or above seagrass or coral? Vessel Removal Cost (Include contractors written quote for the vessel) Contractor's Name: Contractor's Address: Contractor's Phone (N) 27.654657 (W) -80.373734 YES White 40' FL6002JJ FWC YES BULK REMOVAL NO NO 8,000.00 Outlaw Maritime LLC 7673 Lakeview Dr. West Melbourne, FL 32904 321 480-2975 DV4 FWC22ON0088127 158 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: Eric Charest, Assistant Natural Resources Director SUBJECT: Amendment No. 3 — FDEP Grant Agreement No. 191R2 (Indian River County Hurricane Irma Recovery Project (Sector 7 Beach and Dune Restoration)) DATE: June 21, 2024 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2018/2019 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. On July 22, 2019, FDEP entered into Local Government Funding Request (LGFR) Grant Agreement No. 191R2 with Indian River County committing up to $307,538.00 for design and permit -required construction related activities for the Sector 7 Beach and Dune Restoration Project (Project). On September 29, 2021, in response to a request from the County to FDEP for an extension to the Task End Dates identified in the original agreement, FDEP issued Amendment No. 1 to Grant 191R2. Amendment No. 1 maintained the same funding levels but extended the Task Deliverable Due Dates through to September 30, 2023, with the amended grant agreement reflecting a twenty-five (25) month extension. The extension request by the County was necessary due to the Sector 7 Beach and Dune Restoration Project being delayed on multiple occasions due to a lack of stakeholder support in the form of executed easement agreements allowing for the placement of sand in accordance with design and permit constraints. At the June 20, 2023 regularly scheduled Commission meeting, Coastal Engineering Staff presented an update on the status of Sector 7 to the Board. At that meeting, the Board voted to consider the Hurricanes Matthew, Irma and Dorian Sector 7 Beach and Dune Restoration Project as not being constructible due to lack signed easements (67% obtained, 14% pending, 1% in - process, and 18% denied). Staff was then directed to seek reallocations for the funding that was made available for the Project where possible (FEMA, FDEP LGFR). As FDEP funds allocated under Grant 191R2 were unable to be reallocated to another beach management sector within the County, on October 19, 2023, Staff requested the FDEP consider a reallocation of funding within LGFR Grant 191R2, making Task 2 (Construction) funds available for reimbursement of expenses incurred by the County for Task 1 items (monitoring, design and permitting). On January 4, 2024, in response to the County's request, FDEP issued Amendment No. 2 to Grant 159 Page 2 FDEP Grant 191R2 Amendment #3 July 2, 2024 BCC Agenda Item 191R2. Amendment No. 2 maintained the same funding levels as the original agreement, but extended the Task Deliverable Due Dates through to September 30, 2024 reflecting a twelve (12) month extension. While Amendment No. 2, approved by the Board on March 5, 2024, only extended the Grant timeframe, the FDEP used this time extension to draw up Amendment No. 3 which now reflects the requested reallocation of task funding. Amendment No. 3 allows the County to seek partial reimbursement on expenses already incurred for the Project. Amendment No. 3 to Grant 191R2 was received by the County on June 21, 2024, and is being presented to the Board for consideration. FUNDING No additional funding is requested as this item is a reallocation of available funding within the grant. RECOMMENDATION Staff recommends the Board approve FDEP Amendment No. 3 to FDEP LGFR Grant Agreement No. 191R2 for the reallocation of funding under the grant identified tasks and authorize the Chairman to sign the Amendment on behalf of the County. Following Board approval, the County will transmit the partially executed Amendment to the State for final signatures. Upon receipt of the fully executed FDEP Grant Agreement 191R2 Amendment No. 3 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. ATTACHMENTS 1. Amendment No 3 to FDEP Grant Agreement 191R2 APPROVED AGENDA ITEM FOR: Julv 2. 2024 160 AMENDMENT NO.3 TO AGREEMENT NO. 191R2 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. 19182, as previously amended, (Agreement) is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County, 1801 27'h Street, Vero Beach, Florida 32960 (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for the Indian River County Hurricane Irma Recovery Project effective July 22, 2019; and WHEREAS, the Grantee has requested a reallocation of the budget and the Department has agreed; and WHEREAS, the parties wish to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: 1) Attachment 1-A, Revised Standard Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 1-B, Second Revised Standard Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 1-A shall hereinafter refer to Attachment 1-B, Second Revised Standard Terms and Conditions. 2) Attachment 2-A, Revised Special Terms and Conditions, is hereby deleted in its entirety and replaced with Attachment 2-B, Second Revised Special Terms and Conditions, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 2-A shall hereinafter refer to Attachment 2-B, Second Revised Special Terms and Conditions. 3) Attachment 3-B, Second Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment 3- C, Third Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 3-B shall hereinafter refer to Attachment 3-C, Third Revised Grant Work Plan. 4) Attachment 4, Public Records Requirements, is hereby deleted in its entirety and replaced with Attachment 4-A, Revised Public Records Requirements, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment 4 shall hereinafter refer to Attachment 4-A, Revised Public Records Requirements. 5) All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistencies may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. - SIGNATURES ON FOLLOWING PAGE - Agreement No.: 19IR2 1 of 2 Rev. 7/18/2023 Amendment No.: 3 161 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. Indian River County By: Title: Florida Department of Environmental Protection Secretary or Designee Date: Date: LIST OF ATTACHMENTS/EXHIBITS INCLUDED AS PART OF THIS AMENDMENT: Specify Tyne Letter/Number Description Attachment 1-B Second Revised Standard Terms and Conditions (13 pages) Attachment 2-B Second Revised Special Terms and Conditions (3 pages) Attachment 3-C Third Revised Grant Work Plan (3 pages) Attachment 4-A Revised Public Records Requirements (1 page) - REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - Agreement No.: 19IR2 Amendment No.: 3 2 of 2 Rev. 7/18/2023 162 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SECOND REVISED STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1-B 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parries with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parries' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parries. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1-B 1 of 13 Rev. 3/11/2024 163 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by I% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to Attachment 1-B 2of13 Rev. 3/11/2024 164 require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement. The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments (i.e., cost reimbursement) under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for cost reimbursement and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: b=s:Hfloridajobs.org communit_y:nlanning-and-development/rural-community-programs/rural-areas-of- opportunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. Attachment 1-11 3of13 Rev. 3/11/2024 165 The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Pa, m� Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wa ems. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractorsh Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price Attachment 1-B 4of13 Rev. 3/11/2024 166 negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department.. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. Attachment 1-B 5of13 Rev. 3/11/2024 167 a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. Attachment 1-B 6of13 Rev. 3/11/2024 168 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole Attachment 1-B 7of13 Rev. 3/11/2024 169 discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may Attachment 1-B 8of13 Rev. 3/11/2024 170 not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and Attachment 1-11 9of13 Rev. 3/11/2024 171 c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: b.gps://www.epa.gov/invest/investing-america-signage b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during Attachment 1-B 10 of 13 Rev. 3/11/2024 172 the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.inyflorida.conVlibrary-archives/records-mana eg ment/general-records-schedules. 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: haps:\\apps. fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the Attachment 1-B 11 of 13 Rev. 3/11/2024 173 original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. Attachment 1-11 12 of 13 Rev. 3/11/2024 174 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1-B 13 of 13 Rev. 3/11/2024 175 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Second Revised Special Terms and Conditions AGREEMENT NO. 191R2 ATTACIEUENT 2-13 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is the Indian River County Hurricane Irma Recovery Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on September 19, 2017 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements See Attachment 3, Grant Work Plan. Attachment 2-11 1 of 3 Rev. 3/11/24 176 S. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F. S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carver pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2-B 2 of 3 Rev. 3/11/24 177 b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. Attachment 2-B 3 of 3 Rev. 3/11/24 178 ATTACHMENT 3-C THIRD REVISED GRANT WORK PLAN PROJECT TITLE: Indian River County Hurricane Irma Recovery Project PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R97 and R108 along the Atlantic Ocean in Indian River County, Florida. PROJECT BACKGROUND: Hurricane Irma made landfall on September 10, 2017 causing beach and dune erosion along Indian River County. The 2018 Florida Legislature provided funds to assist counties with beach and dune restoration projects. The Department developed the 2018 Hurricane Irma Supplemental Funding Plan for Florida's beach and dune system to distribute these funds. Construction of a storm recovery project was originally scheduled for 2022 to repair storm damages and has been delayed. PROJECT DESCRIPTION: The Project consists of design of the Indian River County Hurricane Irma Recovery Project. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $307,538.00 for this Project or up to 100 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in section 112.061, Florida Statute (F. S.). Pursuant to sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: https://floridadep. jzov/sites/default/files/PhysicalMonitoringStandards.pdf One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. DEP Agreement No. 19182, Amendment 3, Attachment 3-C, Page 1 of 3 179 Acronyms: DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. — Florida Statutes FEMA — Federal Emergency Management Agency TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Design and Permitting Task Description: The Local Sponsor will acquire professional services for the engineering and design of the Project such as coastal engineering analyses, preparation of plans and specifications, physical and environmental surveys, cultural resource surveys, design -level geotechnical services, sediment studies, inlet studies, environmental analyses, orthophotography, plan formulations and for obtaining environmental permits and other Project -related authorizations. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion including documentation of submittal affirming that the final design document was completed and submitted to the Department. For interim payment requests, a Task Summary Report signed by the Local Sponsor must be submitted detailing work progress during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. Estimated Eligible Project Cost DEP Agreement No. 19182, Attachment 3-C, Page 2 of 3 180 State Federal Task # Eligible Project Tasks Cost Estimated DEP Local Total Share Project (%) Costs 1 Design and Permitting 100.00% $307,538.00 $0.00 $307,538.00 TOTAL PROJECT COSTS $307,538.00 $0.00 $307,538.00 DEP Agreement No. 19182, Attachment 3-C, Page 2 of 3 180 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task Task Title Budget Category Budget Task Start Deliverable No. Amount Date Due Date 1 Design and Permitting Contractual Services $307,538.00 09/19/2017 09/30/2024 Total: $307.538.00 DEP Agreement No. 19182, Attachment 3-C, Page 3 of 3 181 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4-A 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution and section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. services(a,floridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4-A 1ofl Rev. 4/8/2024 182 CONSENT AG E N DA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 18, 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 PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 070224 Agenda as surplus and authorize their disposal. ATTACHMENT: Excess List for 070224 183 Excess List for 070224 Dept # Asset Fleet Description Working y/n Disposal Method 110 28136 Magic Card Rio ID Printer N SELL 110 30809 Harris Model DPXG-PB78B Hand Held Radio N SELL 133 25262 Sharp 26" LCD TV Y SELL 133 1 28132 ITrimble Yuma 2 Rugged Tablet Y SELL 133 28133 ITrimble Yuma 2 Rugged Tablet Y SELL 133 28134 Trimble R1 GNSS Receiver N SELL 133 28135 Trimble R1 GNSS Receiver N SELL 204 31865G Dell Latitude 5410 Laptop N SELL 204 31876G Dell Latitude 5410 Laptop N SELL 208 31745 Latitude 5410 N SELL 208 31868 Latitude 5410 N SELL 208 31875 Latitude 5410 N SELL 208 31890 Latitude 5410 N SELL 208 31893 Latitude 5410 N SELL 208 31894 Latitude 5410 N SELL 214 21571 83 2003 Kendall Enclosed Trailer 7x16 Tandem Axle N SELL 214 24731 3 12008 Ford Explorer Y SELL 214 30478 Microsoft Surface Pro Y SELL 217 30704 Dell Optiplex 5060 N SELL 219 19579 Air Compressor Y SELL 219 25767 Micro Tol Meter N SELL 219 30026 Micro Tol Meter N SELL 219 30033 lRosemount Analytical N SELL 219 30311 Rosemount Analytical N SELL 219 30820 Rosemount Analytical N SELL 219 (12) Rotork Valve Actuators Y SELL 219 (3) 300 HP High Service Pumps, Model 670633 Y SELL 219 Land Pride Tractor Disc, Model DH2572 Y SELL 220 30466 Microsoft Surface Pro N SELL 221 22490 Toro Workman 3200 N SELL 221 210400 Toro Workman 3200 Model 07211 N SELL 233 31288 Dell Optiplex 5070 N SELL 233 31291 Dell Optiplex 5070 N SELL 233 31859 Ipad N SELL 233 55" TV N SELL 233 (8) 8 Ft Fiberglass Ladders Y SELL 236 30218 3 Gang SD Muliflex Picker -Driving Range Y SELL 236 32135 Driving Range Ball Washer Y SELL 237 175270 GE LPE Handheld Radio N SELL 237 175280 GE LPE Handheld Radio N SELL 245 31881 Dell Latitude 5410 Laptop N SELL 250 26422 626 2012 Ford E-250 Cargo Van Y SELL 251 27616 Y SELL 268 29919 Dell Latitude 5414 XCTO Laptop N SELL 269 29297 Dell Latitude Rugged 5414 Laptop N SELL 300 16678 HP Laserjet 5Si NX Y SELL 300 23907 IBM Infoprint 1532 Y SELL 300 24161 Canon imagerunner 1023N Y SELL 300 24348 Vizio TV Y SELL 300 IBM Infoprint 1332 Y SELL 300 (113) Computer Monitors Y SELL 500 (5) AOC 24" Monitors Y SELL 500 Yunday 24" Monitor Y SELL 500 (9) Viewsonic 24" Monitors Y SELL 500 Viewsonic 28" Monitor Y SELL 500 (2) HP 22" Monitors Y SELL 500 1 (2) Sharktap Network Monitors Y SELL 500 1 1 RAM Vehicle Laptop Holder Y SELL 184 Excess List for 070224 Dept # Asset Fleet Description Working y/n Disposal Method 500 (3) HP Tower Y SELL 500 HP Workstation Z230 Y SELL 500 HP Z240 Tower Y SELL 500 lAcer Tower Aspire Y SELL 500 Cisco Switch Y SELL 500 Netgear Switch Y SELL 500 HP Switch Y SELL 500 Epson Scanner Y SELL 500 Tripp -Lite Powerverter Ultra Compact 1800 Watts Y SELL 500 1 Energizer 2000 Watt Inverter Y I SELL 500 WASP W 130 Thermal Printer Y SELL 500 Sony 40" TV Y SELL 500 Xerox Workcentre 7835 Copier Y SELL 700 27824 Neo -Post Modular Mailing System N SELL 185 CONSENT:.. _ INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 18, 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: Second Extension to Agreements for Annual Sewer Services (BID 2020045) BACKGROUND: On July 7, 2020, the Board of County Commissioners approved the award of Bid 2020045 for as needed sewer services to Meeks Plumbing, Inc. ("Meeks"), Flotech Environmental, LLC ("Flotech"), Hinterland Group, Inc. ("Hinterland"), Envirowaste Services Group, Inc. ("Envirowaste"), Shenandoah General Construction Co. ("Shenandoah"), and Southeast Services of the Treasure Coast, Inc. ("Southeast"). The first extension and amendment were approved by the Board on May 13, 2023, for all Contractors except Flotech, who did not wish to renew, and Shenandoah, who requested a rate increase. The current term will expire July 16, 2024. Staff is proposing to extend the Meeks Plumbing, Hinterland Group, and Southeast Services of the Treasure Coast agreements, with no changes in rates or terms. Envirowaste was unresponsive to the extension offer. FUNDING: Funding comes from various Utilities accounts, depending upon the indivival projects and scopes of work. Funds for emergency repairs after a hurricane are typically allocated by the budget office once a state of emergency exists. RECOMMENDATION: Staff recommends the Board approve the second extensions to the agreements with Meeks Plumbing, Inc., Hinterland Group, Inc., Southeast Services of the Treasure Coast, Inc., and authorize the Chairman to sign them after the County Attorney's approval as to form and legal sufficiency. ATTACHMENT: Second Extension — Meeks Second Extension — Hinterland Second Extension — Southeast 186 SECOND EXTENSION TO AGREEMENT FOR ANNUAL SEWER SERVICES This Second Extension to that certain Agreement to provide Annual Sewer Services is entered into effective as of July 17, 2024 by and between Indian River County, a political subdivision of the State of Florida ("County") and Hinterland Group, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Sewer Services effective July 7, 2020; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of July 17, 2020 and ended on July 16, 2023; and WHEREAS, the first renewal term commenced effective as of July 17, 2023 and will end on July 16, 2024: and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The Second renewal term shall commence effective July 17, 2024, and shall end on July 16, 2025. This is the final extension available for this agreement. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 187 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. Hinterland Group, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: William K. DeBraal County Attorney 188 Indian River County Purchasing Division 180027 1h Street Vero Beach, FL 32960 Phone (772) 226-1416 Annual Bid for Sanitary Sewer Services Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number Bid Form 2020045 June 10, 2020 Purchasing Division 180027 th Street Vero Beach, FL 32960 Date 2:00 P.M. In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following: Service Unit Cost Unit Tanker Truck 1. Cost per gallon to transport sewage within 3 mile radius $ 0.10 Per gal 2. Additional cost for each half mile beyond the 3 mile radius $ 0.20 Per 1/2 mile Vacuum Truck 3. Hourly rate for vacuum truck (including operator) $ 225.00 Per hour 4. Cleaning of storm drain catch basins (including operator) $ 225.00 Per hour Page 12 of 30 189 2020045 Annual Sanitary Sewer Services.doc Please list each owned vehicle and tank capacity Will your company extend these prices to other governmental agencies Yes�g No within the State of Florida? The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: Hinterland Group Inc. Company Address: 2051 W. Blue Heron Blvd. City, State Riviera Beach, FL. zip Code 33404 (561)640-3503 (561) 640-3504 Telephone: Fax: E-mail: info@hintelandgrou Business Tax Receipt Number: UIVIUM 2 FEIN Number: 20-5156844 Authorized Signature: ��,. N40 GR®&�`* Date: 06/09/2020 SECOND EXTENSION TO AGREEMENT FOR ANNUAL SEWER SERVICES This Second Extension to that certain Agreement to provide Annual Sewer Services is entered into effective as of July 17, 2024, by and between Indian River County, a political subdivision of the State of Florida ("County") and Meeks Plumbing, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Sewer Services effective July 7, 2020; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of July 17, 2020 and ended on July 16, 2023; and WHEREAS, the first renewal term commenced effective as of July 17, 2023 and will end on July 16, 2024: and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The Second renewal term shall commence effective July 17, 2024, and shall end on July 16, 2025. This is the final extension available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 191 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. Meeks Plumbing, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Lo 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 192 Indian River County Purchasing Division 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 Annual Bid for Sanitary Sewer Services Bid #: Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: Addendum Number Bid Form 2020045 June 10, 2020 Purchasing Division 180027 th Street Vero Beach, FL 32960 Date 2:00 P.M. 1. Cost per gallon to transport sewage within 3 mile radius Per gal 2. Additional cost for each half mile beyond the 3 mile radius 003 Per 1J2 mile Vacuum Truck -. , , 3. Hourly rate for vacuum truck including .ope _ , 00 Per hour 4. Cleaning of storm drain catch basins (including operator) a $.o Per hour 202245 Atvlusl Please list each owned vehlde and tank calpacitl► . y T>r O& M W/Ug Number Gallon Capacity of Tank Al A14orf roc 4 Jb_ ernwl"F 14 sr Will your company extend these prices to other governmental agencies within the State of Florida?� The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. Company Name: e t k 5.lit, l'Y1 fo /n>A .5N e 0. Company Address:6 6 IC ' Lc� City, State Vtvo 'I mCk , e4G__ ^Zip Code Telephone: " 1 �02 �J� -I - 07�5� Fax: '/ '� !'► 'j E-mail: Business Tax Receipt Number: 3a fL 3x:39. �(L_ FEIN Number. MOM,. I a 1 - Authorized Signature: /`� Date',jq .:. e iC5y Name: i Title: firr ri I (Type / Printed) { i Page 13 of 30 `194:: SECOND EXTENSION TO AGREEMENT FOR ANNUAL SEWER SERVICES This Second Extension to that certain Agreement to provide Annual Sewer Services is entered into effective as of July 17, 2024, by and between Indian River County, a political subdivision of the State of Florida ("County") and South East Services of the Treasure Coast, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Sewer Services effective July 7, 2020; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of July 17, 2020 and ended on July 16, 2023; and WHEREAS, the first renewal term commenced effective as of July 17, 2023 and will end on July 16, 2024: and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this Second Extension. 2. The Second renewal term shall commence effective July 17, 2024, and shall end on July 16, 2025. This is the final extension available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 195 IN WITNESS WHEREOF, the parties have caused this Second Extension to be executed effective the day and year first set forth above. South East Services of the Treasure Coast, Inc. By: Printed name: Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: William K. DeBraal County Attorney 196 Indian River County Purchasing Division �vEJ? �oa 1800 27th Street Vero Beach, FL 32960 Phone (772) 226-1416 OR1OQ' Bid Form Annual Bid for Sanitary Sewer Services Bid #: 2020045 Bid Opening Date and Time: June 10, 2020 2:00 P.M. Bid Opening Location: Purchasing Division 180027 th Street Vero Beach, FL 32960 The following addenda are hereby acknowledged: Addendum Number Date In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following: Service Unit Cost Unit Tanker Truck 1. Cost per gallon to transport sewage within 3 mile radius $ &0 Per gal 2. Additional cost for each half mile beyond the 3 mile radius Vacuum Truck $ Per 1/2 mile 3. Hourly rate for vacuum truck (including opet $ Per hour 4. Cleaning of storm drain catch basins (including operator) $ '. Per hour Page 12 of 30 197 2020045 Annual Sanitary Sewer Services.doc Please list each owned vehicle and tank -ca Will your company extend these prices to other governmental agencies within the State of Florida? yNo es.. ' LL ❑ The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall n t be cause to alter any resulting contract or r uest additional compensation. Company Na Page 13 of 30 198 CONSENT 5/2/2023 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: April 27, 2023 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Extension and Amendment to Agreements for Annual Sewer Services (BID 2020045) BACKGROUND: On July 7, 2020, the Board of County Commissioners approved the award of Bid 2020045 for as needed sewer services to Meeks Plumbing, Inc. ("Meeks"), Flotech Environmental, LLC ("Flotech"), Hinterland Group, Inc. ("Hinterland"), Envirowaste Services Group, Inc. ("Envirowaste"), Shenandoah General Construction Co. ("Shenandoah"), and Southeast Services of the Treasure Coast, Inc. ("Southeast"). The initial term of the award was three years, commencing July 17, 2020, with two one-year renewal terms available, subject to vendor acceptance, satisfactory performance, and staff's determination that a renewal would be in the best interest of Indian River County. Meeks, Hinterland, Southeast and Envirowaste have both provided quality service during the initial term, and have agreed to renew the agreement at current rates. Flotech does not wish to renew and Shenandoah requested an increase in order to renew ANALYSIS: The agreements require amendment to incorporate changes to Florida Statute, and federal contract terms that would be required in the event the agreement is utilized following a disaster, or other federally -funded grant work. f S 1I 91ikiTec Please use something like the original award: 199 CONSENT 5/2/2023 Source of Funds: Funds for emergency repairs after a hurric are typically allocated by the budget ol�nce a state of emergeni*exists. Therefore, funds ar*i * ntly available in depatiltnental accouh**4J lt'"this expense. 'Ate last time this account was used was for Hurrica"'Onw Expenses for sates sewer services were: 11 it Tda1 .. ReRaW &OWk r i PON Meeks Plumbing, Inc. muted Southeast Services Hourly ($185) Funding comes from various Utilities accounts, depending upon the individual projects and scopes of work. RECOMMENDATION: Staff recommends the Board approve the first extensions and amendments to the agreements with Meeks Plumbing, Inc., Hinterland Group, Inc., Southeast Services of the Treasure Coast, Inc., Envirowaste Services Group, Inc., and authorize the Chairman to sign them after the County Attorney's approval as to form and legal sufficiency. ATTACHMENT: First Extension and Amendment — Meeks First Extension and Amendment — Hinterland First Extension and Amendment — Southeast First Extension and Amendment - Envirowaste 200 Kau CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET To: Members of the Board of County Commissioners Date: June 19, 2024 Through: John A. Titkanich Jr., County Administrator From: Kristin Daniels, Director, Office of Management & Budget Subject: Request for Ratification Florida Department of Law Enforcement FY23 Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program Description and Conditions Indian River County has been notified by the Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants, that $69,111.00 has been allocated in grant funds for FY 2023 Justice Assistance Grant (JAG) Countywide Program. On June 13, 2024, Susan Adams, Chairman of the Board of County Commissioners, executed the FDLE Certificate of Participation on behalf of the Board. Recommendation Staff recommends that the Board of County Commissioners ratify the Chairman's action in executing the Certificate of Participation. 201 CERTIFICATE OF PARTICIPATION Edward Byrne Memorial Justice Assistance Grant (JAG) Program Mr. Cody Menacof Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Dear Mr. Menacof: This letter provides notification that the Indian River County Board of Commissioners ✓ Accepts _Declines to serve as the coordinating unit of government for the Florida Department of Law Enforcement's Edward Byrne Memorial Justice Assistance Grant (JAG) Countywide Program. I understand, for the purposes of the JAG Countywide Program, the county can only request and approve applications for eligible subrecipients. In order to meet eligibility requirements, the county, and each organization or agency identified through the 51% planning process (as provided by Florida Administrative Code, Chapter 11 D-9.002), must be able to document compliance with the following requirements prior to receiving a subawards • 2 C.F.R. Part 25—Universal Identifier and System forAward Management (SAM) Requirements • 8 U.S.0 §1373 & 1644—Communication Between Governments and the Immigration and Naturalization Service • 28 C.F.R. Part 42—Nondiscrimination; Equal Employment Opportunity; Policies and Procedures • 2 C.F.R. §200.318 -327 -Federal Procurement Standards • 2 C.F.R Part 200.300-309—Standards for Financial and Program Management For purposes of coordinating the preparation of application(s) for grant funds with the Office of Criminal Justice Grants, the following individual is designated as County Coordinator for the county's FY23 JAG Countywide subawards: Name: KRISTIN DANIELS Agency: INDIAN RIVER COUNTY Title: BUDGET DIRECTOR Email: KDANIELS@INDIAN RIVER. GOV Phone: 772-226-1214 Address: 1801 27TH STREET City: VERO BEACH Zip: 32960 I acknowledge and understand the responsibility placed upon the county to ensure grant funds are used for improving criminal justice and subawards, as identified through the 51% process, are only approved to eligible subrecipients. - incerelly, 1 W_ Chair sa Adams County Board of CJ ....St0iyF9S 6%, f' RIVER C0� Rule Reference 11 D-9.006 OCJG-024 (Rev. March 202 1) 202 ty Allocatioi ua $105,730 $31.841 Brevard $165,078 Broward ..:: $432,599 Calhoun $40.408 Charlotte $73,307 Citrus $63,454 Cla $63,591 Collier $150,659 Columbia $130,165 Dade $648;300 Desoto $50,851 Dixie $52,495 Duval $275,276 Escambia $132,109 Flagler $52,901 Franklin $42,490 Gadsden $46,879 Gilchrist $31,686 Glades $67,462 Gulf $55,521 Hamilton $71,917 Hardee $49,412 Lake $107,450 Hendry$741068 Hernando $64,081 Highlands $66,064 Hillsborough- $345,441 Holmes $37,768 Indian River $69,111 Jackson. $38,194 Jefferson $44,331 Lafayette $42,178 Lake $107,450 Lee $204,223 Leon $119,985 Le $42,725 Liberty . $48.,456 Madison $60,176 Manatee $131,275 Marion $114,686 Martin $75,991 Monroe $74,431 Nassau $56,091 Okaloosa $82,621 Okeechobee $97,780 Orange $344,174 Osceola $114,820 Palm Beach $348,087 Pasco $163,11.6 Pinellas $270;837 Polk, $199,599 Putnam . _ $89,624 Santa Rosa : $11.3,699 Sarasota $129,824 Seminole 3142,758 St. Johns $7708 St. nude $102,125 Sumter, $58,307 Suwannee : $47,419_ Ta or $49,763 Union. $32,229 Volusia $159,507 Wakulla $32,798 Walton. $43,878 Washington $41,746 o " 1 $7,534,272 203 9P CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 19, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Phase II Agreements for Emergency Operations Center Expansion (RFQ 2022o62) BACKGROUND: On November 1, 2022, the Board approved the final ranking of firms developed in response to RFQ 2022o62 for architectural design services for the expansion of current Emergency Operations Center (EOC), and the adjacent warehouse. The Board approved an agreement for master planning services with the top ranked firm, Donadio and Associates Architects, PA, A Spiezle Group Inc., on January 17, 2023. Amendment 1 to that agreement was approved by the Board on May 16, 2023, and included additional survey and subsurface studies to complete the plan. Amendment 2 to the master plan agreement, reducing the scope and size of the expansion to the EOC, was approved by the Board on January 23, 2024. The Master Plan was approved at a total design cost of $84475• ANALYSIS• Master planning is now complete, and staff and Spiezle are ready to commence design activities for the expansions to both the EOC and the facility's existing warehouse. To facilitate the earliest completion of the warehouse expansion, separate agreements for the work are proposed. Both agreements include design development, construction documents, bidding assistance and construction administration services, with a total cost of $699,253. The EOC expansion will include a 1o,000 square foot building with private and open office space, restrooms with showers, computer and mechanical rooms, dining/multi-purpose room with warming kitchen and storage, enclosed generator yard, and additional parking. A floor plan is provided as Exhibit B to the EOC Agreement. Estimated construction cost, including furnishings and fixtures, is $7,122,500. The design services will cost $551,615. The warehouse expansion is approximately 8,350 square feet, and includes private and open office space, restrooms with showers, interior medical storage room, and secured storage space. A floor plan is provided as Exhibit B to the Warehouse Agreement. Estimated construction cost, including furnishings and fixtures, is $2.2 million. The design services will cost $147,638. 204 for the is shown below: CONSENT Site Approval December 2024 December 202 Construction Documents and Permitting June 2025 February 202 Bids Received August 2025 March 202 Award September 2025 Aril 2025 Contract Execution October 2025 1 Aril 202 Construction Commences December 2025 1 May 2025 FUNDING: Funds, in the amount of $699,253 ($551,615 for the EOC Expansion and $147,638 for the Warehouse Expansion), are budgeted and available in the Impact Fees/Fire Services/ Construction in Progress/Emergency Operations Center Expansion account, number 10312022-o66510-20037. IN a Impact Fees/Fire Services/Construction in 10312022-o66510-200373 Progress/EmergencyOperations Center Expansion $699,253 RECOMMENDATION• Staff recommends the Board approve the Phase II — EOC and Phase II - Warehouse Agreements with Spiezle, and authorize the Chairman to execute them after review and approval by the County Attorney as to form and legal sufficiency. Attachment Phase II — EOC Agreement Phase II — Warehouse Agreement Kill AGREEMENT FOR PROFESSIONAL SERVICES for Phase II Design Services for Emergency Operations Center Expansion (RFQ 2022o62) THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this 2nd day of July, 2024, by and between Indian River County, a political subdivision of the State of Florida ("County"), and Donadio and Associates Architects, PA, A Spiezle Group Inc. Company ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the County solicited, evaluated and developed ranking of firms to provide Design Services for Emergency Operations Center ("EOC") Expansion ("Project"), based on statement of qualifications received in response to Request for Qualifications 2022o62. B. As a result of its response, the County has selected Consultant to provide professional services relating to EOC Expansion Design, Bidding, and Construction Phase Services ("Services") as more fully set forth in the Architectural Professional Services Proposal, attached as "Exhibit A" to this Agreement, and made a part hereof by reference. C. Consultant has completed Design Master Planning Phase Services for the project, has developed a floor plan attached as "Exhibit B" to this Agreement, and is willing and able to perform the Services detailed in Exhibit A for the County on the terms and conditions set forth below; and D. The County and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in recognition and consideration of the above Recitals, which are not merely prefatory, but are incorporated by reference as though fully set forth herein and form part of the consideration, terms and conditions of this Agreement, and in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 All professional services provided by the Consultant for the County shall be as identified in Exhibit A. The parties agree that the not to exceed services rates in Exhibit A are the basis to be used for billing purposes, and that Consultant's compensation is the total lump sum as set forth in paragraph 5.1. Consultant's services will be performed in a timely, efficient, cost effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities ("standard of care"). The Consultant will use due care in performing its services and will have due regard for acceptable architectural design standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. 206 1.3 Additional services which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the County as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the County shall become an amendment to the Agreement. 2. COUN'T'Y OBLIGATIONS. 2.1 The County will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the services to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the County pertinent to the Project and as otherwise provided in Exhibit A. The Consultant is responsible for bringing to the County's attention, for the County's resolution, material inconsistencies or errors in such data that are made known to the Consultant, but Consultant is not responsible for discovering errors, omissions, or inconsistencies in the drawings or data provided. 2.2 The County shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to County. 2.3 The County shall promptly execute all permit applications necessary to the Project. 2.4 The County shall examine any and all reports, sketches, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the County of any of the Consultant's services, including but not limited to written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the Services unless the approval expressly relieves Consultant of such responsibility. Neither the County's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the County to the extent caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The County reserves the right to appoint one or more County Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the County's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the County's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The County shall give prompt written notice to the Consultant whenever the County observes or otherwise becomes aware of any development that affects the timing or delivery of the Consultant's Services. If the Consultant has been delayed in completing its 2 207 Services through no fault or negligence of either the Consultant or any sub- consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the County's sole discretion, and upon the submission to the County of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the County's rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature such as epidemic or pandemic, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the County and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A, in connection with the assigned Project(s) as set forth in this Agreement. 3.2 The Consultant agrees to complete the Project in a timely manner and within a mutually agreed upon schedule, as may be modified from time to time. 3.3 The Consultant will maintain an adequate staff of qualified personnel and assign them to work on the project as necessary to complete the agreed upon scope of services. 3.4 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.5 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the County hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.6 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all subconsultants to comply by contract with the provisions of this section. 3.7 The Consultant will cooperate fully with the County in order that all phases of the services may be properly scheduled and coordinated. 3.8 The Consultant will cooperate and coordinate with other County consultants, as directed by the County. 208 3.9 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all related work open to the review of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.10 All documents, reports, field books, survey notes and information, and other data developed by the Consultant for the purpose of this Agreement, shall become the property of the County upon payment for the Services. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all Services contemplated under this Agreement is complete and payment in full is made, all of the above data shall be delivered to the County Project Manager. 3.11 The Consultant will confer with the County during the project(s) for which the Consultant has provided Services, and the Consultant will make corrections to the Consultant's Work Product due to the fault of Consultant, based on the Scope of Services Defined in Exhibit A, at no additional cost to the County, within thirty (30) calendar days of notice by the County, or upon a determination of the Consultant that corrections are needed, whichever event shall first occur. 3.12 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The County shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The Consultant shall retain the Books, and make them available to the County as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.13 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the County. However, the Consultant is permitted to retain subconsultants to perform work under this Agreement. When applicable and upon receipt of such consent from the County, the Consultant shall cause the names of the professional subconsultant firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.14 All documents, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the County or others on any other project. Reuse of any documents prepared by the Consultant is prohibited and shall be at the County's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 3.15 Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. 4 209 4. TERM; TIME FOR COMPLETION. 4.1 The time for completion of the Services shall be defined in Exhibit A. 5. COMPENSATION. 5.1 The County shall pay to the Consultant a mutually agreed professional fee identified in Exhibit A, plus authorized reimbursables, to be paid in monthly installments or on a deliverable basis, all as set forth in Exhibit A. Invoices shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Consultant by the County in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for travel within the State of Florida. 5.1.2 The County shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The County may at any time notify the Consultant of requested changes to the Services, and thereupon the County and the Consultant shall execute a mutually agreeable amendment to this Agreement. 5.3 The County shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under Exhibit A at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The County may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the County may thereafter specify in writing. Where the County has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the County shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the County may, at the sole option of the County; separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a subconsultant, such additional services by a written amendment to this Agreement. 5 210 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (1o) days prior to commencement of any work under this Agreement. The County shall be named as an additional insured on commercial general liability policy. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 3o days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein. 7.8 Consultant agrees that it now carries and will continue to carry during the performance of this Agreement, at its own expense, the applicable insurance policies indicated below, with limits not less than those specified. Any insurance on a "claims made" basis shall be maintained for at least 3 years after completion of the Services. A. Worker's Compensation — Statutory B. Employer's Liability - $i,000,000 per occurrence C. Commercial General and Contractual Liability — $1,000,000 per occurrence D. Automobile Liability - $1,000,000 per occurrence E. Umbrella Liability - $2,000,000 aggregate (in excess of B., C. and D. above) F. Professional Liability - $1,000,000 per claim/aggregate. 7.9 The Consultant shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees (where recoverable under law), to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the County, for any reason, upon thirty (3o) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon J 211 thirty (3o) days' prior written notice to the County; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the County, the County shall be obligated to pay the Consultant for those portions of completed work previously authorized under this Agreement. Such payment shall be determined on the basis of the percentage of work performed by the Consultant, up to the time of termination. In the event of such termination, the County may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 In addition to the termination rights set forth in 8.1, the obligation to provide services under this Agreement may be terminated by either parry upon seven (7) days prior written notice in the event of substantial failure by the other parry to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the County reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the County in connection with this Agreement. 8.6 The County may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The County may terminate this Agreement in whole or in part if the Consultant submits an intended false invoice to the County. 8.8 TERMINATION IN REGARDS TO F.S. 287.135: Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 8.8.1 County may terminate this Contract if Consultant is found to have submitted a false certification as provided under section 287.135(5) Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 8.8.2 County may terminate this Contract if Consultant, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of 7 212 making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the County determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. County has the authority and right to audit Consultant's records under this provision. The County does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time- to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the County shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. 10.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the County, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the County. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either parry against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.4 Remedies; No Waiver. All remedies provided in this Agreement shall be deemed 213 cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either parry to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. io.6 Availability of Funds. The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Plebe of Credit. The Consultant shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. io.8 Public Records. County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: io.8.1 Keep and maintain public records required by the County to perform the service. io.8.2 Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. io.8.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the County. 1o.8.4 Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the contract, the Consultant 2 214 shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 uublicreco rds P indianriver. gov Indian River County Office of the County Attorney 180127"h Street Vero Beach, FL 32960 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the parry giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: Coun David Johnson, Emergency Services Director 422543 rd Ave Vero Beach, FL 32967 .dj ohnson (& indianriver. gov Consultant: Anthony J. Donadio 20019th Avenue, Suite 308 Vero Beach, FL 3296o adonadioaspiezle.com Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either parry may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 10.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule of construction to the effect that a legal document shall be construed against the draftsperson 10 215 shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.13 PURSUANT TO F.S. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF THE ARCHITECT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Donadio and Associates Architects, PA, A Spiezle Group Inc. Company By Anthony J. Donadio, AIA, NCARB Principal -in -Charge 11 Indian River County Board of County Commissioners By Susan Adams, Chairman By John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney Ryan L. Butler, Clerk of the Court and Comptroller Attest Deputy Clerk (seal) 216 EXHIBIT A ARCHITERCTURAL PROFESSIONAL SERVICES PROPOSAL FOR THE IRC EOC ADDITION Architectural/Engineering Professional Services shall be provided to support the design efforts to provide a new, +/- io,000sf Single -Story Buildings Addition to the existing Emergency Operations Center located on the Indian River County Emergency Operations Campus at 4225 43rd Avenue in Vero Beach, FL. Our Professional Services efforts would encompass the design and development of drawings and specifications, procurement, permitting, and construction administration. Proposed Scope of Professional Services: Architectural/Engineering Professional Services shall consist of Architectural and Limited Interiors Services, along with Structural Engineering; Mechanical, Electrical, Plumbing and Fire Protection Engineering, DAS/BDA System Design Engineering for Performance Specification /Infrastructure; including routing and boxes for AV/IT, Civil Engineering and Cost Estimating Services for Schematic Design update, l00% Design Documents, 50% Construction Documents, & go% Construction Documents. The project is a new a new Single -Story Tilt Wall Buildings Addition and will include the following: • Emergency Operation Center Addition of +/- io,000sf designed for 2ooMPH Wind Loading. • General Office Spaces and Conference Room. • Waiting Room with Reception Area and Public Restroom. • Open Office Area for +/- ii Workstaions. • Mens and Womens Restroom with Locker Room and Showers. • Dining/Multi-Purpose Room with a Warming Kitchen and Storage. • Computer Room and Mechnical Room. • Generator/Condensor Yard with Enclosure. • Additonal On -Site Parking. Preliminary Project Budget: As previously provided and approved by the County, the estimated construction budget per Blue Cord Professional Services, dated 04/17/2024 is approximately $6.475 million. We recommend that county hold an additional io% for Furniture, Fixtures and Equipment. This budget does not include environmental impacts as we recommend contracting with your environmental consultant to confirm any potential environmental impacts. Preliminary Project Schedule: The goal of the project is to have Construction Documents completed on or about June of 2025. At this time the county has not determined when they will move forward with construction of the project. The actual timing to commence into the construction phase is contingent upon the County's approval to move the project forward into the Permitting and Bidding Phase. Considering this, we have outlined the following preliminary project schedule. Please note that this schedule is based on the information available to us at present and is subject to adjustments during site plan approval, design, bidding, permitting, and the determination of the start of construction. • Award of Contract to Professional: August 2024 • Site Approval December 2024 • Schematic Design/Planning November 2024 • Design Development March 2025 • Construction Documents/Site Permitting June 2025 • Procurement/Permitting/Award: TBD • Construction TBD 217 Please be advised that while we have endeavored to develop a realistic schedule, various factors outside of our control may impact on its timeline. These factors include, but are not limited to, market uncertainties, timely responses from the Owner, access to the project sites, and any directives or delays imposed by regulatory authorities. In the event that any of the foregoing results in schedule disruptions, adjustments to the timeline shall be necessary. Proposed Professional Services: The proposed professional services are structured into multiple services as discussed and outlined below: Design, Documentation, and Bidding Support: • Finalize project requirements, schedule, and process. • Detailed survey of the existing affected areas to establish existing conditions, dimensions, and characteristics for the project. • Develop full schematic and design development documents for review. • Develop construction documents and specifications. • Conduct our in-house `Fresh -Eye' quality control review of bid package. • Submit to and support the permit review and approval process. • Attend Pre -Bid meeting, respond to request for information (RFI) during bidding and issue addenda as necessary. • Review estimates of probable construction cost at major milestones. Construction Administration and Close Out: • Represent Owner's interests through construction process, monitoring construction for conformance with designs, specifications, and construction requirements. • Attend a preconstruction meeting and job meetings once every two weeks during construction. • Maintain records of correspondence, submittals, minutes, etc. on behalf of the Owner during construction • Review construction schedule. • Review and process payment applications and shop drawings, issue Architect's Supplemental Instructions (ASI), and respond to RFI's. • Process closeout documents. • Develop detailed punch lists and Substantial Completion • Final Punchlist and follow-thru on completion of the project. Exclusions: Proposed fees or example fee ranges assume the provision of architectural, structural, mechanical, electrical, and plumbing engineering services. Other professional services can be contracted through Spiezle, including specialized engineering or assessment services if needed, however; these are not included in the above fee ranges. Exclusions and assumptions include: ■ Environmental Assessment, Environmental Surveys, As -Built Surveys. • Enhanced Existing Condition Investigation Services. • Third party testing (While excluded we would assist the owner in securing a third -parry testing agent). ■ Off Site Roadway Improvements. ■ NPDES General Permit Requirements. ■ Traffic Analyses. ■ Full Time On -Site Representation. ■ Re -Zoning, Zoning and/or Land Development meetings. ■ Site Plan Application Fees, Permit Application Fees, Building Permit Fees, and any other Application Fees for Agency approvals are not part of the Basic Services. ■ Landscape And Irrigation Design 2 218 ■ Construction Scheduling. ■ Record Drawings. ■ Furniture and Furnishings Selections, Specifications, and Procurement. ■ Infrastructure Commissioning. ■ Architectural Renderings. Qualifications and Assumptions ■ The extent of Spiezle Architectural Group, Inc.'s services shall not extend beyond the limits in the scope of work identified above. ■ There are no hazardous materials or containers located on site. ■ Value engineering, redesign and changes subsequent to Owner approval of documents is not included. ■ Material testing of any kind including hazardous material testing, study and abatement are not included. ■ Preparation of photo -realistic 3-D renderings and/or models are not included in this proposal. ■ Analysis and/or survey of adjacent sites beyond those included above are not included. ■ All meetings with review agencies having jurisdiction over the project are an additional service and will be billed on a time and material basis. PROPOSED LUMP -SUM PROFESSIONAL FEE Spiezle Architectural Group, Inc. is pleased to offer the following Lump Sum Fees for our base professional services as itemized below: PHASE SPIEZLE MEP STRUCTURAL TOTAL COST CIVIL CONSULTANT CONSULTANT CONSULTANT CONSULTANT Schematic $ 63,952 $ 21,161 $8,935 $94,048 $3,000 $3,750 Design Design $ 63,952 $ 21,161 $8,935 $94,048 $7500 $24,500 Development Construction $111,916 $ 37,032 $15,635 $i64,583 $6,000 $5,225 Documents Bidding & $ 15,988 $ 5,290 $2,235 $23,513 $0.00 $4,400 Permitting Construction $ 63,952 21,161 $8,935 $94,0489 o. $19,500 Administration TOTAL $319,76o $105, $44,675 $470,240 7,375 Reimbursable Expenses: Reimbursable expenses are in addition to compensation for the Architect and Engineering services and include expenses incurred by the Spiezle Architectural Group, Inc. and their consultants directly related to the project and will be billed at cost plus a io% mark up. This cost shall include but are limited to: ■ Fees paid for securing approval of authorities having jurisdiction over the Project. ■ Reproductions, plots, standard form documents, postage, handling, and delivery of instruments of Service. ■ Renderings, models, and mock-ups requested by the Owner. We recommend including a maximum not to exceed allowance of $7.1;oo for reimbursable expenses, including additional printing of documents, shipping, and other allowable reimbursable expenses as per the Agreement. 3 219 1 ID g L oa AGREEMENT FOR PROFESSIONAL SERVICES for Phase II Design Services for Emergency Operations Center Warehouse Addition (RFQ 2022062) THIS AGREEMENT for PROFESSIONAL SERVICES ("Agreement"), entered into as of this 2nd day of July, 2024, by and between Indian River County, a political subdivision of the State of Florida ("County"), and Donadio and Associates Architects, PA, A Spiezle Group Inc. Company ("Consultant"): BACKGROUND RECITALS: A. In accordance with the Consultants' Competitive Negotiations Act, Section 287.055, Florida Statutes, the County solicited, evaluated and developed ranking of firms to provide Design Services for Emergency Operations Center ("EOC") Warehouse Addition ("Project"), based on statement of qualifications received in response to Request for Qualifications 2022062. B. As a result of its response, the County has selected Consultant to provide professional services relating to EOC Warehouse Addition Design, Bidding, and Construction Phase Services ("Services") as more fully set forth in the Architectural Professional Services Proposal, attached as "Exhibit A" to this Agreement, and made a part hereof by reference. C. Consultant has completed Design Master Planning Phase Services for the project, has developed a floor plan attached as "Exhibit B" to this Agreement, and is willing and able to perform the Services detailed in Exhibit A for the County on the terms and conditions set forth below; and D. The County and the Consultant wish to enter into this Agreement for the Consultant's Services for the Project. NOW THEREFORE, in recognition and consideration of the above Recitals, which are not merely prefatory, but are incorporated by reference as though fully set forth herein and form part of the consideration, terms and conditions of this Agreement, and in accordance with the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. GENERAL. 1.1 The Background Recitals are true and correct and form a material part of this Agreement. 1.2 All professional services provided by the Consultant for the County shall be as identified in Exhibit A. The parties agree that the not to exceed services rates in Exhibit A are the basis to be used for billing purposes, and that Consultant's compensation is the total lump sum as set forth in paragraph 5.1. Consultant's services will be performed in a timely, efficient, cost effective manner. In the performance of professional services, the Consultant will use that degree of care and skill ordinarily exercised by other similar professionals in the field under similar conditions in similar localities ("standard of care"). The Consultant will use due care in performing its services and will have due regard for acceptable architectural design standards and principles. Consultant's standard of care shall not be altered by the application, interpretation, or construction of any other provision of this Agreement. 221 1.3 Additional services which would increase, decrease or which are otherwise outside the scope of Services or level of effort contemplated by the Exhibits shall be Services for which the Consultant must obtain the prior written approval of the County as provided by this Agreement. All terms for the performance of such Services must be agreed upon in a written document prior to any deviation from the terms of the Agreement, and when properly authorized and executed by both the Consultant and the County shall become an amendment to the Agreement. 2. COUN'T'Y OBLIGATI 2.1 The County will provide the Consultant with a copy of any preliminary data or reports available as required in connection with the services to be performed under this Agreement, together with all available drawings, surveys, right-of-way maps, and other documents in the possession of the County pertinent to the Project and as otherwise provided in Exhibit A. The Consultant is responsible for bringing to the County's attention, for the County's resolution, material inconsistencies or errors in such data that are made known to the Consultant, but Consultant is not responsible for discovering errors, omissions, or inconsistencies in the drawings or data provided. 2.2 The County shall arrange for access to, and make provisions for the Consultant to enter upon, public and private property (where required) as necessary for the Consultant to perform its Services, upon the timely written request of Consultant to County. 2.3 The County shall promptly execute all permit applications necessary to the Project. 2.4 The County shall examine any and all reports, sketches, proposals and other documents presented by the Consultant, and render, in writing, decisions pertaining thereto within a reasonable time. 2.5 Approval by the County of any of the Consultant's services, including but not limited to written reports, or any work products of any nature whatsoever furnished hereunder, shall not in any way relieve the Consultant of responsibility for the technical accuracy and adequacy of the Services unless the approval expressly relieves Consultant of such responsibility. Neither the County's review, approval or acceptance of, or payment for, any of the Services furnished under this Agreement shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. The Consultant shall be and remain liable in accordance with all applicable laws for all damages to the County to the extent caused by the negligent performance by the Consultant of any of the Services furnished under this Agreement. 2.6 The County reserves the right to appoint one or more County Project Managers for the specific Services in connection with this Agreement. The Project Manager shall: (a) act as the County's agent with respect to the Services rendered hereunder; (b) transmit instructions to and receive information from the Consultant; (c) communicate the County's policies and decisions to the Consultant regarding the Services; and (d) determine, initially, whether the Consultant is fulfilling its duties, responsibilities, and obligations hereunder. 2.7 The County shall give prompt written notice to the Consultant whenever the County observes or otherwise becomes aware of any development that affects the timing or 2 222 delivery of the Consultant's Services. If the Consultant has been delayed in completing its Services through no fault or negligence of either the Consultant or any sub- consultant, and, as a result, will be unable to perform fully and satisfactorily under the provisions of this Agreement, then the Consultant shall promptly notify the Project Manager. In the County's sole discretion, and upon the submission to the County of evidence of the causes of the delay, this Agreement shall be modified in writing, subject to the County's rights to change, terminate, or stop any or all of the Services at any time in accordance with this Agreement. 2.8 The Consultant shall not be considered in default for a failure to perform if such failure arises out of causes reasonably beyond the Consultant's control and through no fault or negligence of the Consultant. The parties acknowledge that adverse weather conditions, acts of God, or other unforeseen circumstances of a similar nature such as epidemic or pandemic, may necessitate modifications to this Agreement. If such conditions and circumstances do in fact occur, then the County and Consultant shall mutually agree, in writing, to the modifications to be made to this Agreement. 3. RESPONSIBILITIES OF THE CONSULTANT. 3.1 The Consultant agrees to perform all necessary Services as outlined in Exhibit A, in connection with the assigned Project(s) as set forth in this Agreement. 3.2 The Consultant agrees to complete the Project in a timely manner and within a mutually agreed upon schedule, as may be modified from time to time. 3.3 The Consultant will maintain an adequate staff of qualified personnel and assign them to work on the project as necessary to complete the agreed upon scope of services. 3.4 The Consultant will comply with all present and future federal, state, and local laws, rules, regulations, policies, codes, and guidelines applicable to the Services performed under this Agreement. 3.5 The Consultant, as a part of the consideration hereof, does hereby covenant and agree that: (1) in connection with the furnishing of Services to the County hereunder, no person shall be excluded from participation in, denied the benefits of, or otherwise subjected to discrimination in regard to the services to be performed by Consultant under this Agreement on the grounds of such person's race, color, creed, national origin, religion, physical disability, age or sex; and (2) the Consultant shall comply with all existing requirements concerning discrimination imposed by any and all applicable local, state, and federal rules, regulations, or guidelines, as such rules, regulations, or guidelines may be from time to time amended. 3.6 The Consultant shall, during the entire term of this Agreement, procure and keep in full force, effect, and good standing any and all necessary licenses, registrations, certificates, permits, and any and all other authorizations as are required by local, state, or federal law, in order for the Consultant to render its Services as described in this Agreement. The Consultant shall also require all subconsultants to comply by contract with the provisions of this section. 3.7 The Consultant will cooperate fully with the County in order that all phases of the services may be properly scheduled and coordinated. 3.8 The Consultant will cooperate and coordinate with other County consultants, as 3 223 directed by the County. 3.9 The Consultant shall report the status of the Services under this Agreement to the County Project Manager upon request and hold all related work open to the review of the County Project Manager or his authorized agent at any time, upon reasonable request. 3.10 All documents, reports, field books, survey notes and information, and other data developed by the Consultant for the purpose of this Agreement, shall become the property of the County upon payment for the Services. The foregoing items will be created, maintained, updated, and provided in the format specified by the County. When all Services contemplated under this Agreement is complete and payment in full is made, all of the above data shall be delivered to the County Project Manager. 3.11 The Consultant will confer with the County during the project(s) for which the Consultant has provided Services, and the Consultant will make corrections to the Consultant's Work Product due to the fault of Consultant, based on the Scope of Services Defined in Exhibit A, at no additional cost to the County, within thirty (30) calendar days of notice by the County, or upon a determination of the Consultant that corrections are needed, whichever event shall first occur. 3.12 The Consultant agrees to maintain complete and accurate books and records ("Books"), in accordance with sound accounting principles and standards for all Services, costs, and expenditures under this Agreement. The Books shall identify the Services rendered during each month of the Agreement and the date and type of each Project -related expense. The County shall have the right, at any reasonable time and through any of its designated agents or representatives, to inspect and audit the Books for the purpose of verifying the accuracy of any invoice. The Consultant shall retain the Books, and make them available to the County as specified above, until the later of three (3) years after the date of termination of this Agreement, or such longer time if required by any federal, state, or other governmental law, regulation, or grant requirement. 3.13 The Consultant shall not assign or transfer any work under this Agreement without the prior written consent of the County. However, the Consultant is permitted to retain subconsultants to perform work under this Agreement. When applicable and upon receipt of such consent from the County, the Consultant shall cause the names of the professional subconsultant firms responsible for the major portions of each separate specialty of the work to be inserted on the reports or other data. 3.14 All documents, prepared by the Consultant pursuant to this Agreement are related exclusively to the Services described herein and are not intended or represented to be suitable for reuse by the County or others on any other project. Reuse of any documents prepared by the Consultant is prohibited and shall be at the County's own risk. The Consultant shall not be held liable for any modifications made to the documents by others. 3.15 Consultant is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448•095, F.S. Consultant is also responsible for obtaining proof of E -Verify registration and utilization for all subconsultants. E 224 4. TERM: TIME FOR COMPLETION. 4.1 The time for completion of the Services shall be defined in Exhibit A. 5. COMPENSATION. 5.1 The County shall pay to the Consultant a mutually agreed professional fee identified in Exhibit A, plus authorized reimbursables, to be paid in monthly installments or on a deliverable basis, all as set forth in Exhibit A. Invoices shall be submitted to the County Project Manager, in detail sufficient for proper prepayment and post payment audit. Upon submittal of a proper invoice the County Project Manager will determine if the tasks or portions thereof have been satisfactorily completed. Upon a determination of satisfactory completion, the County Project Manager will authorize payment to be made. All payments for services shall be made to the Consultant by the County in accordance with the Florida Prompt Payment Act, as may be amended from time to time (Section 218.70, Florida Statutes, et seq.). 5.1.1 The Consultant acknowledges and agrees that it will not be reimbursed for travel within the State of Florida. 5.1.2 The County shall make direct payment of all permit fees paid to regulatory agencies for approvals directly attributable to the Services under the Project. These permit fees do not include those permits required for any construction contractor. 5.2 The County may at any time notify the Consultant of requested changes to the Services, and thereupon the County and the Consultant shall execute a mutually agreeable amendment to this Agreement. 5.3 The County shall have the sole right to reduce or eliminate, in whole or in part, any portion of the Services under Exhibit A at any time and for any reason, upon written notice to the Consultant specifying the nature and extent of the reduction. In such event, the Consultant shall be paid for the Services already performed and also for the Services remaining to be done and not reduced or eliminated, upon submission of invoices as set forth in this Agreement. 5.4 The County may, at any time and for any reason, direct the Consultant to suspend Services, in whole or in part under this Agreement. Such direction shall be in writing, and shall specify the period during which Services shall be stopped. The Consultant shall resume its Services upon the date specified, or upon such other date as the County may thereafter specify in writing. Where the County has suspended the services under this Agreement for a period in excess of six (6) months, the compensation of Consultant for such suspended Services may be subject to modification. The period during which the Services are stopped by the County shall be added to the time of performance of this Agreement. 6. ADDITIONAL WORK. 6.1 If services in addition to the Services provided hereunder are required or desired by the County in connection with the Project, the County may, at the sole option of the County: separately obtain same outside of this Agreement; or request the Consultant to provide, either directly by the Consultant or by a subconsultant, such additional services by a written 5 225 amendment to this Agreement. 7. INSURANCE AND INDEMNIFICATION. 7.1 The Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Agreement and such insurance has been approved by the County's Risk Manager. 7.2 Consultant's insurance coverage shall be primary. 7.3 All required insurance policies shall be placed with insurers licensed to do business in Florida and with a Best's rating of A VII or better. 7.4 The insurance policies procured shall be occurrence forms, not claims made policies with the exception of professional liability. 7.5 A certificate of insurance shall be provided to the County's Risk Manager for review and approval, ten (10) days prior to commencement of any work under this Agreement. The County shall be named as an additional insured on commercial general liability policy. 7.6 The insurance companies selected shall send written verification to the County Risk Manager that they will provide 3o days prior written notice to the County Risk Manager of its intent to cancel or modify any required policies of insurance. 7.7 Consultant shall furnish separate certificates and endorsements for each subconsultant. All coverages for subconsultants shall be subject to all of the requirements stated herein. 7.8 Consultant agrees that it now carries and will continue to carry during the performance of this Agreement, at its own expense, the applicable insurance policies indicated below, with limits not less than those specified. Any insurance on a "claims made" basis shall be maintained for at least 3 years after completion of the Services. A. Worker's Compensation — Statutory B. Employer's Liability - $1,000,000 per occurrence C. Commercial General and Contractual Liability — $1,000,000 per occurrence D. Automobile Liability - $1,000,00o per occurrence E. Umbrella Liability - $2,000,00o aggregate (in excess of B., C. and D. above) F. Professional Liability - $1,000,00o per claim/aggregate. 7.9 The Consultant shall indemnify and hold harmless the County, and its officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees (where recoverable under law), to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Consultant and other persons employed or utilized by the Consultant in the performance of this Agreement. 8. TERMINATION. 8.1 This Agreement may be terminated: (a) by the County, for any reason, upon thirty Z 226 (3o) days' prior written notice to the Consultant; or (b) by the Consultant, for any reason, upon thirty (3o) days' prior written notice to the County; or (c) by the mutual Agreement of the parties; or (d) as may otherwise be provided below. In the event of the termination of this Agreement, any liability of one party to the other arising out of any Services rendered, or for any act or event occurring prior to the termination, shall not be terminated or released. 8.2 In the event of termination by the County, the County shall be obligated to pay the Consultant for those portions of completed work previously authorized under this Agreement. Such payment shall be determined on the basis of the percentage of work performed by the Consultant, up to the time of termination. In the event of such termination, the County may, without penalty or other obligation to the Consultant, elect to employ other persons to perform the same or similar services. 8.3 In addition to the termination rights set forth in 8.1, the obligation to provide services under this Agreement may be terminated by either party upon seven (7) days prior written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement through no fault of the terminating party. 8.4 In the event that the Consultant merges with another company, becomes a subsidiary of, or makes any other substantial change in structure, the County reserves the right to terminate this Agreement in accordance with its terms. 8.5 In the event of termination of this Agreement, the Consultant agrees to surrender any and all documents prepared by the Consultant for the County in connection with this Agreement. 8.6 The County may terminate this Agreement for refusal by the Consultant to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119 Florida Statutes and made or received by the Consultant in conjunction with this Agreement. 8.7 The County may terminate this Agreement in whole or in part if the Consultant submits an intended false invoice to the County. 8.8 TERMINATION IN REGARDS TO F.S. 287.135: Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, Consultant certifies that it and those related entities of Consultant as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 8.8.1 County may terminate this Contract if Consultant is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. 8.8.2 County may terminate this Contract if Consultant, including all wholly owned 7 227 subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 9. TRUTH -IN -NEGOTIATION CERTIFICATE: CONTINGENCY FEES. 9.1 Execution of this Agreement by the Consultant shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement are accurate, complete and current as of the date of the Agreement. The original contract price and any additions thereto will be adjusted to exclude any significant sums by which the County determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made within 1 year following the end of the contract. County has the authority and right to audit Consultant's records under this provision. The County does not hereby waive any other right it may have pursuant to Section 287.055, Florida Statutes, as it may be from time- to -time amended. 9.2 Pursuant to the Consultants' Competitive Negotiations Act, F. S. section 287.055, the Consultant warrants that it has not employed or retained any company or person other than a bona fide employee working solely for the Consultant to solicit or secure this Agreement and that it has not paid or agreed to pay any company or person other than a bona fide employee working solely for the Consultant any fee, commission, percentage fee, gifts or any other considerations, contingent upon or resulting from the award or making of this contract. For breach of violation of this provision, the County shall have the right to terminate this Agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 10. MISCELLANOUS PROVISIONS. lo.1 Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Consultant or employees or subconsultants of the Consultant are in no way to be considered employees of the County, but are independent contractors performing solely under the terms of the Agreement and not otherwise. 10.2 Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Consultant and the County. 10.3 Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any lawsuit brought by either party against the other parry or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. r;*J 228 10.4 Remedies: No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. 10.5 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. 1o.6 Availability of Funds. The obligations of the County under this Agreement are subject to the availability of funds lawfully appropriated for its purpose by the Board of County Commissioners of Indian River County. 10.7 No Pledge of Credit. The Consultant shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. io.8 Public Records. County is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: io.8.1 Keep and maintain public records required by the County to perform the service. io.8.2 Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. io.8.3 Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the Consultant does not transfer the records to the County. io.8.4 Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Consultant or keep and maintain public records required by the County to perform the service. If the Consultant transfers all public records to the County upon completion of the contract, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the E 229 Consultant keeps and maintains public records upon completion of the contract, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(&indianriver.g Indian River County Office of the County Attorney 1801274` Street Vero Beach, FL 3296o 10.9 Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the parry giving such notice, by any of the following methods: (a) Hand delivery to the other parry; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested at the addresses of the parties shown below: Coun David Johnson, Emergency Services Director 422543 rd Ave Vero Beach, FL 32967 djohnsonindianriver.gov Consultant: Anthony J. Donadio 20019th Avenue, Suite 3o8 Vero Beach, FL 3296o adonadio a spiezle. com Notices shall be effective when received at the address as specified above. Email transmission is acceptable notice effective when received, provided, however, that email transmissions received after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either parry may change its address, for the purposes of this section, by written notice to the other parry given in accordance with the provisions of this section. 1o.10 Survival. Except as otherwise expressly provided herein, each obligation in this Agreement to be performed by Consultant shall survive the termination or expiration of this Agreement. 10.11 Construction. The headings of the sections of this Agreement are for the purpose of convenience only, and shall not be deemed to expand, limit, or modify the provisions contained in such Sections. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine or neuter, singular or plural, as the identity of the party or parties may require. The parties hereby acknowledge and agree that each was properly represented by counsel and this Agreement was negotiated and drafted at arm's-length so that the judicial rule 10 230 of construction to the effect that a legal document shall be construed against the draftsperson shall be inapplicable to this Agreement 10.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original copy and all of which shall constitute but one and the same instrument. 10.13 PURSUANT TO F.S. 558.0035, AN INDIVIDUAL EMPLOYEE OR AGENT OF THE ARCHITECT MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first written above. Donadio and Associates Architects, PA, A Spiezle Group Inc. Company By Anthony J. Donadio, AIA, NCARB Principal -in -Charge 11 Indian River County Board of County Commissioners By Susan Adams, Chairman By John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K DeBraal, County Attorney Ryan L. Butler, Clerk of the Court and Comptroller Attest Deputy Clerk (seal) 231 EXHIBIT "A" ARCHITECTURAL PROFESSIONAL SERVICES PROPOSAL FOR THE IRC EOC WAREHOUSE ADDITION Architectural/Engineering Professional Services shall be provided to support the design efforts to provide a new, +/- 8,350sf Single -Story Pre -Engineered Metal Buildings Addition to the existing On - Site Warehouse located on theIndian River County Emergency Operations Campus at 4225 43rd Avenue in Vero Beach, FL. Our Professional Services efforts would encompass the design and development of drawings and specifications, procurement, permitting, and construction administration. Proposed Scope of Professional Services: Architectural/Engineering Professional Services shall consist of Architectural and Limited Interiors Services, along with Structural Engineering; Mechanical, Electrical, Plumbing and Fire Protection Engineering; including routing and boxes for AV/IT and Cost Estimating Services for Schematic Design update, i00% Design Documents, 50% Construction Documents, & 9o% Construction Documents. The project is a new a new Single -Story Pre -Engineered Metal Buildings Addition and will include the following: • Warehouse Addition of +/- 8,350sf. • Breezeway Addition of +/- 5,000sf between the existing Warehouse and the Proposed Warehouse Addition. • A Private Office Space. • Open Office Area for +/-10 Workstaions Mens and Womens Restroom with Showers. • An Interior Secure Medical Storage Room. • Secured Unconditioned Storage Space in the remaining portion of the Warehouse Addition. Preliminary Project Budget: As previously provided and approved by the County, the estimated construction budget per Blue Cord Professional Services, dated 09/01/2023 is approximately $2.0 million, excluding Site work. We recommend that county hold an additional 1o% for Furniture, Fixtures and Equipment. This budget does not include environmental impacts as we recommend contracting with your environmental consultant to confirm any potential environmental impacts. Preliminary Project Schedule: The goal of the project is to have construction commence on or about May of 2025, with a target completion date on or about January of 2026. However, the actual timing to commence construction and field improvements is contingent upon the weather conditions at the time of project award and mobilization. Considering this, we have outlined the following preliminary project schedule. Please note that this schedule is based on the information available to us at present and is subject to adjustments during site plan approval, design, bidding, permitting, and construction phases. • Award of Contract to Professional: • Site Approval • Schematic Design/Planning • Design Development • Construction Documents/Site Permitting • Procurement/Permitting/Award: • Construction August 2024 December 2024 October 2024 December 2024 February 2025 March/April 2025 May 2025 to January 2026 232 Please be advised that while we have endeavored to develop a realistic schedule, various factors outside of our control may impact on its timeline. These factors include, but are not limited to, market uncertainties, timely responses from the Owner, access to the project sites, and any directives or delays imposed by regulatory authorities. In the event that any of the foregoing results in schedule disruptions, adjustments to the timeline shall be necessary. Proposed Professional Services: The proposed professional services are structured into multiple services as discussed and outlined below: Design, Documentation, and Bidding Support: • Finalize project requirements, schedule, and process. • Detailed survey of the existing affected areas to establish existing conditions, dimensions, and characteristics for the project. • Develop full schematic and design development documents for review. • Develop construction documents and specifications. • Conduct our in-house `Fresh -Eye' quality control review of bid package. • Submit to and support the permit review and approval process. • Attend Pre -Bid meeting, respond to request for information (RFI) during bidding and issue addenda as necessary. • Review estimates of probable construction cost at major milestones. Construction Administration and Close Out: • Represent Owner's interests through construction process, monitoring construction for conformance with designs, specifications, and construction requirements. • Attend a preconstruction meeting and job meetings once every two weeks during construction. • Maintain records of correspondence, submittals, minutes, etc. on behalf of the Owner during construction • Review construction schedule. • Review and process payment applications and shop drawings, issue Architect's Supplemental Instructions (ASI), and respond to RFI's. • Process closeout documents. • Develop detailed punch lists and Substantial Completion • Final Punchlist and follow-thru on completion of the project. Exclusions: Proposed fees or example fee ranges assume the provision of architectural, structural, mechanical, electrical, and plumbing engineering services. Other professional services can be contracted through Spiezle, including specialized engineering or assessment services if needed, however; these are not included in the above fee ranges. Exclusions and assumptions include: ■ Environmental Assessment, Environmental Surveys, As -Built Surveys. • Enhanced Existing Condition Investigation Services. • Third parry testing (While excluded we would assist the owner in securing a third -party testing agent). ■ Civil Engineering Design and Drawings. ■ Off Site Roadway Improvements. ■ NPDES General Permit Requirements. ■ Traffic Analyses. ■ Full Time On -Site Representation. ■ Re -Zoning, Zoning and/or Land Development meetings. ■ Site Plan Application Fees, Permit Application Fees, Building Permit Fees, and any other Application Fees for Agency approvals are not part of the Basic Services. 2 233 ■ Landscape And Irrigation Design ■ Emergency Generator Design. ■ Construction Scheduling. ■ Record Drawings. ■ Furniture and Furnishings Selections, Specifications, and Procurement. ■ Infrastructure Commissioning. ■ Architectural Renderings. Qualifications and Assumptions ■ The extent of Spiezle Architectural Group, Inc.'s services shall not extend beyond the limits in the scope of work identified above. ■ There are no hazardous materials or containers located on site. ■ Value engineering, redesign and changes subsequent to Owner approval of documents is not included. ■ Material testing of any kind including hazardous material testing, study and abatement are not included. ■ Preparation of photo -realistic 3-D renderings and/or models are not included in this proposal. ■ Analysis and/or survey of adjacent sites beyond those included above are not included. ■ All meetings with review agencies having jurisdiction over the project are an additional service and will be billed on a time and material basis. PROPOSED LUMP -SUM PROFESSIONAL FEE Spiezle Architectural Group, Inc. is pleased to offer the following Lump Sum Fees for our base professional services as itemized below: PHASE SPIE2 LE MEP CONSULTANT STRUCTURAL CONSULTANT TOTAL COST CONSULTANT Schematic Design $18,175 $ 5,553 $3,000 $26,728 $2,875 Design Development $18,175 $ 5,553 $3,000 $26.728 $2,875 Construction Documents $31,803 $ 9,721 $5,250 $46,774 ", $5,750 Bidding & Permitting $ 4,545 $ 1,385 $ 750 $6,680 $0.00 Construction Administratio 4 f $18,175 $5,553 $3,000 $26,728 $0.00 TOTAL $90,873 $27,765 $15,000 $133,638 $11,500 Reimbursable Expenses: Reimbursable expenses are in addition to compensation for the Architect and Engineering services and include expenses incurred by the Spiezle Architectural Group, Inc. and their consultants directly related to the project and will be billed at cost plus a lo% mark up. This cost shall include but are limited to: ■ Fees paid for securing approval of authorities having jurisdiction over the Project. ■ Reproductions, plots, standard form documents, postage, handling, and delivery of instruments of Service. ■ Renderings, models, and mock-ups requested by the Owner. We recommend including a maximum not to exceed allowance of $2,5oo for reimbursable expenses, including additional printing of documents, shipping, and other allowable reimbursable expenses as per the Agreement. 3 234 o Od � b 3 =w filla INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: March 27, 2024 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management & Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: First Amendment to Fairgrounds Ag Pavilion Roof Coating Agreement BACKGROUND: On April 9, 2024, the Board awarded Bid 2024040 to Atlantic Roofing II of Vero Beach, Inc. (Atlantic Roofing II) for application of a protective roof coating on the Fairgrounds Ag Pavilion, located at 7955 58th Avenue. DISCUSSION: During the permitting process, the Building Division identified necessary work not anticipated in the bid. As part of the replacement of the skylights, the installation of 6o purlins will be required. Atlantic Roofing II has provided a quote for the installation of the purlins, at an additional cost of $19,350• The original amount of the award was $98,697, and the additional work will increase the total project cost to $118,047. Because the total cost of the work exceeds $1oo,000, staff requests the Board waive the requirement for Payment and Performance bonds, as authorized in County Code Section 105.04. Staff does not find bonding, or the additional cost to the project to pay for the bonds, to be necessary for this project. FUNDING: Funding, in the amount of $19350, for the additional work will come from the General Fund/Parks/Fairground Expenditures account, number 00121072-036750. Account Name Account Number Total General Fund/Parks/Fairgrounds Expenditures 00121072-036750 $19,350 RECOMMENDATION: Staff recommends the Board waive the requirement for payment and performance bonds, approve the first amendment to the agreement, and authorize the Chairman to execute the first amendment after review and approval by the County Attorney as to form and legal sufficiency. Attachment: First Amendment 236 First Amendment to the Agreement for Ag Pavilion Roof Coating This First Amendment to that certain Agreement for Fairgrounds Ag Pavilion Roof Coating is entered into effective July 2, 2024, 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 Atlantic Roofing II of Vero Beach, Inc. (hereinafter called CONTRACTOR). BACKGROUND RECITALS Whereas, OWNER and CONTRACTOR entered into an agreement for Fairgrounds Ag Pavilion Roof Coating effective April 9, 2024; and, Whereas, OWNER and CONTRACTOR desire to amend the agreement to include additional services required for execution of the work; and, Whereas OWNER and CONTRACTOR desire to modify Article 3.02, Days to Achieve Substantial Completion, Final Completion and Final Payment and Article 4.01.13 of the Agreement (CONTRACT SUM). Now, Therefore, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, OWNER and CONTRACTOR agree as follows: 1. The background recitals are true and correct, and form a material part of this First Amendment. 2. Article 3.02 is amended to state "The Work will be completed and ready for final payment on or before the 100`h s3A' day after the date when the Contract Times commence to run. The scope of work detailed in the Invitation to Bid (2024040) is modified to add: PURLIN ENHANCEMENT AT SKYLIGHTS TO MEET NEW UPLIFT: Supply and Install Steel purlins and clips at the 10 skylights to meet new uplift requirements; Material included are 16 gage purlins sized 3' long (20 ea) and 5' long (40 ea), punched angle clips, nuts, bolts, and washers. Manlift included. 4. Article 4.01.13 is modified to reflect anew contract sum of $118,047. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 237 IN WITNESS WHEREOF, the parties have caused this First Amendment to be executed effective the day and year set forth above. OWNER: CONTRACTOR: INDIAN RIVER COUNTY _ By: By: Susan Adams, Chairman By: John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K. DeBraal, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) (Contractor) (CORPORATE SEAL) 238 rim CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 21, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Waiver of Bid Requirement and Approval of Agreement for Landfill Gas Flare Station and Piping BACKGROUND: On October 12, 2021, the Solid Waste Disposal District (SWDD) Board approved Work Order Number 44 to Kimley-Horn and Associates, Inc. for design of a new Landfill Gas (LFG) system. The new system is needed to facilitate the sale of the gas to NoPetro EcoDistrict (NED) for its Renewable Natural Gas (RNG) project. Designs were completed, and the project was bid in November of 2023 (Bid 2024023). No bids were received. SWDD staff has undertaken portions of the project under the Continuing Utilities Labor Agreement (2020039), but the actual flare station and piping assembly and construction portion of the work is fairly complex, and few firms are capable of properly executing the work. DISCUSSION: Staff has obtained a proposal from SCS Field Services (SCS -FS), who most recently completed construction of the Landfill Segment 3 Cell 1 Landfill Gas System Expansion under bid 2021oo6, for the work. The Board is being asked to waive the code requirement for bids, to facilitate completion of construction prior to December 31, 2024, per our agreement with NED. As Bid 2024043 was issued, but no responsive bids were received, the requirement to competitively award construction work estimated to cost more than $300,000 in F.S. 255.2o does not apply (per paragraph (1)(c)2). The SCS -FS proposal is comprised of two tasks: Flare Station Equipment and Above - Ground Process Piping Installation, for an estimated cost of $1,299,155, and Below - Ground HDPE Piping Installation, at a cost of $208,950, for a total project cost of $1,5o8,105. A contingency is recommended for the equipment assembly and installation portion of the first task. A future amendment will be necessary for the required electrical work, as this is still under review. 239 CONSENT AGENDA FUNDING• The LFG Flare Station and Piping are considered a "closure activity," and, as such, are funded from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements. Funding, in the amount of $1,5o8,105, will be recorded in the SWDD/Accrued Closure — I, II & Infill, account number 411- 239oo6. Account Description Account Number I Amount SWDD Accrued Closure — I, II & Infill 411-239oo6 $1,5o8,105 RECOMMENDATION: Staff recommends the Board waive the requirement for bids, approve the agreement, and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency. Staff also recommends the Board authorize the County Administrator to sign any amendments to the agreement necessary, including increases in price, up to a total increase of $400,000, to prevent delays in work. Attachment: Agreement 240 AGREEMENT FOR LANDFILL GAS FLARE STATION 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 SCS Field Services (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: Fabrication, delivery, and installation of landfill gas blower Add and piping at the Indian River County Landfill, located at 1325 74th Ave SW, Vero Beach, FL 32968, in accordance with the plans and specifications developed by Biogas Engineering. ARTICLE 2 — TERM The term of the agreement shall be one year. Receipt of a fully executed copy of this agreement by electronic means shall serve as notice to proceed. The Work will be completed and ready for final payment on or before the 19oth day after the Contract Times commence to run. ARTICLE 3 - CONTRACT PRICE 3.01 OWNER shall pay CONTRACTOR at milestones established in Exhibit 1, with sufficient evidence that materials have been ordered and work is progressing. 3.02 Any modification to Contract Price will be mutually agreed to in writing using the Change Order form. ARTICLE a - PAYMENT PROCEDURES 4.01 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved Contractor's Application for Payment as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.7o et. seq. 4.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification as well as order confirmations provided for materials ordered. 4.03 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not 241 release the CONTRACTOR or its sureties from any obligations under this Agreement 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.oi 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. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR 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. E. 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. F. CONTRACTOR will provide OWNER notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR may discover in the Contract Documents. G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. H. 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. I. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of i990 ("ADA'), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 241 J. Contractor will in disclose any potential delays to the Work, as soon as Contractor becomes aware. Contractor, Engineer, and Owner will determine appropriate measures, which may include changes to Contract Times and/or Cost, which will be reflected as a Change Order or Written Amendment to the Agreement. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: 1. This Agreement; 2. Public Construction Bond; 3. Certificate(s) of Liability Insurance; 4. CONTRACTOR'S Proposal dated June 21, 2024, with Subject "Proposal to Install Landfill Gas Flare Station Equipment and Process Piping Revision One"; 5. Drawings and Specifications Prepared by Biogas Engineering, bearing the general title "Landfill Gas Blower Skid & Flare Replacement, and numbered or identified as follows: G445A-D, inclusive; C445A-I, inclusive; S445A F, inclusive; P445A-L, inclusive; M445A-Z, and M445AA-AM, inclusive; 63 Piping Isometric Plan Sheets; E -445B -K, inclusive; and, J445A-B, inclusive. 6. Indian River County Site Plan Approval 7. Florida Department of Environmental Protection Air Permit 8. Contractor's Application for Payment 9. Contractor's Final Certification of the Work io. 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) Change Orders B. In the event of conflict between Contract Documents, the order of prevalence shall be: 1. This agreement and any Written Amendments and Change Orders thereto 2. Drawings and Specifications Prepared by Biogas Engineering 3. CONTRACTOR'S Proposal Dated June 21, 2024 ARTICLE 8 - MISCELLANEOUS 8.o1 Terms A. ENGINEER shall refer to OWNER'S Consultant, Biogas Engineering. 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. 243 8.03 Successors andAssigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other parry hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 Venue 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. 243 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 uublicrecords 0indianriver.gov Indian River County Office of the County Attorney 18o127thStreet Vero Beach, FL 3296o 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 (io) 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 249 (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 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. 246 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 July 2, 2024. INDIAN RIVER COUNTY By: By: Susan Adams, Chairman John A. Titkanich, Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K DeBraal, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Ron T. Jones, Assistant Managing Director 1325 740, Ave SW, Vero Beach, FL 32968 772-226-3412 ijones@indianriver.gov CONTRACTOR: By: (Contractor) (CORPORATE SEAL) Attest (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Brian Basconi, Project Manager 1800 Pembrook Dr., Suite 300 Orlando, FL 32810 401-486-4897 bbasconi@scsengineers.com 243 Exhibit i— CONTRACTOWs PROPOSAL 249 Contract Forms 249 Public Construction Bond INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. Public Construction M250 Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Construct4ftcl - 2 PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON , By (Name of Principal) (As Attorney in Fact) (Name of Surety) Public Construction B n3 Contractor's Application for Payment Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: SCS Field Services (CONTRACTOR) 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): fi% of completed Work: % of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ 7. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 2. Order forms for materials to be used for the project. Contractor's Application for PartiaMent -1 Dated By: (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. [The remainder of this page was left blank intentionally] Contractor's Application for Partia2"ent - 2 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, a corporation, in accordance with Public Construction Bond Number hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Business Address: STATE OF COUNTY OF Corporate Surety BY: Print Name: Title: (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, appeared , who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization this day of )20—. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. [The remainder of this page was left blank intentionally] Contractor's Application for Partiaent - 3 CERTIFICATION OF ENGINEER: I have checked the Contractor's Application for Partial. To the best of my knowledge, this statement of work performed and/or materials supplied and/or ordered appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] Contractor's Application for Partia2ment - 4 ATTACHMENT A i. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): Contractor's Application for Partiaent - 5 Contractor's Final Certification of the Work (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: Landfill Improvements Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: Fabrication, delivery, and installation of landfill gas blower Add and piping at the Indian River County Landfill, located at 1325 74a' Ave SW, Vero Beach, FL 32968, in accordance with the plans and specifications developed by Biogas Engineering. UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: i. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. Certificate of Final CompletAM (Corporate Seal) (Contractor) By: STATE OF _ COUNTY OF Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization this day of , 20_. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. Certificate of Final Complet;R Change Order Form No. EFFECTIVE DATE: OWNER: Indian River Countv CONTRACTOR SCS Field Services Project: Landfill Gas Flare Station The following changes are made to the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $ Net Increase (Decrease) from $ previous Change Orders No. to Contract Price prior to this $ Change Order: Net increase (decrease) of this $ Change Order: Contract Price with all approved $ Change Orders: ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: Change Orderin AGREEMENT FOR LANDFILL GAS FLARE STATION 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 SCS Field Services (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: Fabrication, delivery, and installation of landfill gas blower sldd and piping at the Indian River County Landfill, located at 1325 74th Ave SW, Vero Beach, FL 32968, in accordance with the plans and specifications developed by Biogas Engineering. ARTICLE 2 — TERM The term of the agreement shall be one year. Receipt of a fully executed copy of this agreement by electronic means shall serve as notice to proceed. ARTICLE 3 - CONTRACT TIMES 3.01 TYme of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the specifications are of the essence of the Agreement. 3.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be completed and ready for final payment on or before December 20, 2024. 3.03 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 3.02 above, plus any extensions thereof allowed in writing as a change order to this Agreement. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated 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 3.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 OWNER shall pay CONTRACTOR at milestones established in Exhibit 1, with sufficient evidence that materials have been ordered and work is progressing. 261 ARTICLE 5 - PAYMENT PROCEDURES 5.01 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved Contractor's Application for Payment as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.7o et. seq. The OWNER shall retain five percent (5%) of the payment amount due to CONTRACTOR until substantial completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $io million, at the time the Owner is in receipt of the Certificate of Substantial Completion, the Owner shall have 30 calendar days to provide a list to the Contractor of items to be completed and the estimated cost to complete each item on the list. Owner and Contractor agree that the Contractor's itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, owner shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide contractor with said list. C. Within 20 business days following the creation of the list, Owner shall pay Contractor the remaining contract balance including all retainage previously withheld by Owner except for an amount equal to iso% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list, the Contractor may submit a payment request for the amount of the iso% 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 iso% of the total cost to complete such items. The owner shall provide Contractor written reasons for disputing completion of the list. 5.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification as well as order confirmations provided for materials ordered. 5.03 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under this Agreement or the Public Construction Bond. ARTICLE 6 - INDEMNIFICATION 6.oi CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, 261 reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the 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. 263 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 19go ("ADA'), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. ARTICLE 8 - CONTRACT DOCUMENTS 8.oi Contents A. The Contract Documents consist of the following: i. This Agreement; 2. Public Construction Bond; 3. Certificate(s) of Liability Insurance; 4. CONTRACTOR'S Proposal dated June 21, 2024, with Subject "Proposal to Install Landfill Gas Flare Station Equipment and Process Piping Revision One"; 5. Drawings and Specifications Prepared by Biogas Engineering, bearing the general title "Landfill Gas Blower Skid & Flare Replacement, and numbered or identified as follows: G445A-D, inclusive; C445A I, inclusive; S445A F, inclusive; P445A-L, inclusive; M445A-Z, and M445AA AM, inclusive; 63 Piping Isometric Plan Sheets; E -44511-K, inclusive; and, J445A-B, inclusive. 6. Indian River County Site Plan Approval 7. Florida Department of Environmental Protection Air Permit 7. Contractor's Application for Payment 8. Certificate of Substantial Completion 9. Contractor's Final Certification of the Work io. 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. In the event of conflict between Contract Documents, the order of prevalence shall be: i. This Agreement and any Written Amendments thereto 2. Drawings and Specifications Prepared by Biogas Engineering 3. CONTRACTOR'S Proposal Dated June 21, 2024 ARTICLE 9 - MISCELLANEOUS 9.oi Terms A. ENGINEER shall refer to OWNER's Consultant, Biogas Engineering. 9.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any 264 written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.03 Successors andAssigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 9.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 9.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (i) 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 269 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 1801 27th Street Vero Beach, FL 3296o C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article io: 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 (1o) 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: 269 (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 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. 263 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 July 2, 2024. OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: By: Susan Adams, Chairman John A. Titkanich, Jr., County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: William K. DeBraal, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Ron T. Jones, Assistant Managing Director 1325 74a' Ave SW, Vero Beach, FL 32968 772-226-3412 rjones@indianriver.gov (Contractor) (CORPORATE SEAL) (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) Designated Representative: Brian Basconi, Project Manager 1800 Pembrook Dr., Suite 300 Orlando, FL 32810 401-486-4897 bbasconi@scsengineers.com 269 Exhibit i— CONTRACTOWs PROPOSAL 264 Contract Forms 270 Public Construction Bond INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. Public Construction B027-1 Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Constructid2ljc2cl - 2 PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We as Principal and , a corporation, as Surety, are bound to herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON By (Name of Principal) (As Attorney in Fact) (Name of Surety) Public Construction Bon Contractor's Application for Payment Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: SCS Field Services (CONTRACTOR) i) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): 5% of completed Work: % of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ y. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): �L- CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 2. Order forms for materials to be used for the project. Contractor's Application for Partia2ment -1 Dated By: (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. [The remainder of this page was left blank intentionally] Contractor's Application for Partiament - 2 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, a corporation, in accordance with Public Construction Bond Number hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Business Address: STATE OF COUNTY OF Corporate Surety BY: Print Name: Title: (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified sworn upon oath, says that he/she is the and that he/she has been authorized by approve payment by the OWNER to the CONTRACTOR of Application for Payment. , and acting, appeared who being by me first duly for to the foregoing Contractor's Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization this day of , 20_. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. [The remainder of this page was left blank intentionally] Contractor's Application for Partiaoment - 3 CERTIFICATION OF ENGINEER: I have checked the Contractor's Application for Partial. To the best of my knowledge, this statement of work performed and/or materials supplied and/or ordered appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] Contractor's Application for Partiament - 4 ATTACHMENT A i. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): Contractor's Application for Partiament - 5 Certificate of Substantial Completion Date of Issuance: 20 OWNER: Indian River County CONTRACTOR: SCS Field Services CONTRACT FOR: Landfill Improvements Project Description: Fabrication, delivery, and installation of landfill gas blower sldd and piping at the Indian River County Landfill, located at 1325 74a' Ave SW, Vero Beach, FL 32968, in accordance with the plans and specifications developed by Biogas Engineering. This Certificate of Substantial Completion applies to all Work under the Contract Documents or to the following specified parts thereof: To: OWNER And To: CONTRACTOR The Work to which this Certificate applies has been inspected by authorized representatives of OWNER, CONTRACTOR and ENGINEER, and that Work is hereby declared to be substantially complete in accordance with the Contract Documents on DATE OF SUBSTANTIAL COMPLETION A tentative list of items to be completed or corrected is attached hereto. This list may not be all- inclusive, and the failure to include an item in it does not alter the responsibility of CONTRACTOR to complete all the Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by CONTRACTOR within 3o calendar days of the above date of Substantial Completion. Certificate of Substantial Complet�7 1 The responsibilities between OWNER and CONTRACTOR for security, operation, safety, maintenance, heat, utilities, insurance and warranties and guarantees shall be as follows: OWNER: CONTRACTOR: The following documents are attached to and made a part of this Certificate: [For items to be attached see definition of Substantial Completion as supplemented and other specifically noted conditions precedent to achieving Substantial Completion as required by Contract Documents.] This certificate does not constitute an acceptance of Work not in accordance with the Contract Documents nor is it a release of CONTRACTOR's obligation to complete the Work in accordance with the Contract Documents. Executed by ENGINEER on: ENGINEER: By: (Authorized Signature) (Date). CONTRACTOR accepts this Certificate of Substantial Completion on (date). CONTRACTOR: By: (Authorized Signature) OWNER accepts this Certificate of Substantial Completion on (date). OWNER: INDIAN RIVER COUNTY By: (Authorized Signature) Certificate of Substantial Complet ri q Contractor's Final Certification of the Work (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: Landfill Improvements Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: Fabrication, delivery, and installation of landfill gas blower Add and piping at the Indian River County Landfill, located at 1325 74"` Ave SW, Vero Beach, FL 32968, in accordance with the plans and specifications developed by Biogas Engineering. UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. Certificate of Final Complet0l (Contractor) By: STATE OF _ COUNTY OF (Corporate Seal) Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization this day of .20—. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. Certificate of Final Completion =Z AGREEMENT FOR LANDFILL GAS FLARE STATION 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 SCS Field Services (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE i — WORK AND PROJECT CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Fabrication, delivery, and installation of landfill gas blower sldd and piping at the Indian River County Landfill, located at 1325 74a' Ave SW, Vero Beach, FL 32968, in accordance with the plans and specifications developed by Biogas Engineering. ARTICLE 2 — TERM The term of the agreement shall be one year. Receipt of a fully executed copy of this agreement by electronic means shall serve as notice to proceed. The Work will be completed and ready for final payment on or before the igoth day after the Contract Times commence to run. ARTICLE 3 - - CONTRACT PRICE 3.01 OWNER shall pay CONTRACTOR at milestones established in Exhibit 1, with sufficient evidence that materials have been ordered and work is progressing. 3.02 Any modification to Contract Price will be mutually agreed to in writing using the Change Order form. ARTICLE 4 - PAYMENT PROCEDURES 4.01 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved Contractor's Application for Payment as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.7o et. seq. 4.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification as well as order confirmations provided for materials ordered. 4.03 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 281 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 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.oi 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. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR 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. E. 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. F. CONTRACTOR will provide OWNER notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR may discover in the Contract Documents. G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. H. 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 284 required in Section 448.095(5)0, F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. I. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of 19go ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. J. Contractor will in disclose any potential delays to the Work, as soon as Contractor becomes aware. Contractor, Engineer, and Owner will determine appropriate measures, which may include changes to Contract Times and/or Cost, which will be reflected as a Change Order or Written Amendment to the Agreement. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: i. This Agreement; 2. Public Construction Bond; 3. Certificate(s) of Liability Insurance; 4. CONTRACTOR'S Proposal dated June 21, 2024, with Subject "Proposal to Install Landfill Gas Flare Station Equipment and Process Piping Revision One"; 5. Drawings and Specifications Prepared by Biogas Engineering, bearing the general title "Landfill Gas Blower Skid & Flare Replacement, and numbered or identified as follows: G445A-D, inclusive; C445A-I, inclusive; S445A F, inclusive; P445A-L, inclusive; M445A-Z, and M445AA-AM, inclusive; 63 Piping Isometric Plan Sheets; E -445B -K, inclusive; and, J445A-B, inclusive. 6. Indian River County Site Plan Approval 7. Florida Department of Environmental Protection Air Permit 7. Contractor's Application for Payment 8. Contractor's Final Certification of the Work 9. 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) Change Orders B. In the event of conflict between Contract Documents, the order of prevalence shall be: 1. This Agreement and any Written Amendments and Change Orders thereto 2. Drawings and Specifications Prepared by Biogas Engineering 3. CONTRACTOR'S Proposal Dated June 21, 2024 ARTICLE 8 - MISCELLANEOUS 8.o1 Terms A. ENGINEER shall refer to OWNER's Consultant, Biogas Engineering. 8.02 Assignment of Contract 285 A. No assignment by a parry hereto of any rights under or interests in the Agreement will be binding on another parry hereto without the written consent of the parry 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 andAssigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other parry hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 Venue 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 parry 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 i19, 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 lig 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 289 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 Pindianriver.gov Indian River County Office of the County Attorney IL801 27th Street Vero Beach, FL 3296o C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article o: 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 (io) 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 281 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: (i) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. 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. 289 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 July 2, 2024. OWNER: CONTRACTOR: INDIAN RIVER COUNTY By: By: By: Susan Adams, Chairman John A. Titkanich, Jr., County Administrator Attest (Contractor) (CORPORATE SEAL) APPROVED AS TO FORM AND LEGAL (If CONTRACTOR is a corporation or a SUFFICIENCY: partnership, attach evidence of authority to sign.) By: William K DeBraal, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Ron T. Jones, Assistant Managing Director 1325 74th Ave SW, Vero Beach, FL 32968 772-226-3412 rjones@indianriver.gov Designated Representative: Brian Basconi, Project Manager 1800 Pembrook Dr., Suite 300 Orlando, FL 32810 401-486-4897 bbasconi@scsengineers.com 285 Exhibit iL— CONTRACTOR's PROPOSAL 29d Contract Forms 291 Public Construction Bond INSTRUCTION FOR PUBLIC CONSTRUCTION BOND The front or cover page to the required public construction payment and performance bond shall contain the information required by Fla. Stat. 255.05(1)(a), and be substantially in the format shown on the first page following this instruction. The Public Construction Bond shall be in the form suggested by Fla. Stat. 255.05(3) as shown on the second page following this instruction. A Power of Attorney from a surety insurer authorized to do business in Florida, authorizing the signature of the Attorney in Fact who executes the Public Construction Bond shall accompany that Bond. Public Construction 13621##2 Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Constructio2"d - 2 PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , between Principal and Owner for construction of , the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON , By (Name of Principal) (As Attorney in Fact) (Name of Surety) Public Construction Bo�ii 6- 3 Contractor's Application for Payment Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: SCS Field Services (CONTRACTOR) 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): fi% of completed Work: % of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ y. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 2. Order forms for materials to be used for the project. Contractor's Application for PartiaMent - 1 Dated By: (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. [The remainder of this page was left blank intentionally] Contractor's Application for PartiaMent - 2 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, a corporation, in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Business Address: STATE OF COUNTY OF Corporate Surety BY: Print Name: Title: (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, appeared sworn upon oath, says that he/she is the and that he/she has been authorized by approve payment by the OWNER to the CONTRACTOR of Application for Payment. who being by me first duly for to the foregoing Contractor's Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization this day of .20—. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. [The remainder of this page was left blank intentionally] Contractor's Application for PartiaMent- 3 CERTIFICATION OF ENGINEER: I have checked the Contractor's Application for Partial. To the best of my knowledge, this statement of work performed and/or materials supplied and/or ordered appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] Contractor's Application for Partia"8ent - 4 ATTACHMENT A i. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): Contractor's Application for PartiaMent - 5 Certificate of Substantial Complet%p Contractor's Final Certification of the Work (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: Landfill Improvements Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: Fabrication, delivery, and installation of landfill gas blower Add and piping at the Indian River County Landfill, located at 1325 74a' Ave SW, Vero Beach, FL 32968, in accordance with the plans and specifications developed by Biogas Engineering. UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: i. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. Certificate of Final Complet%R (Contractor) By: STATE OF _ COUNTY OF (Corporate Seal) Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization this day of .20—. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. tTb Certificate of final Complen -2 Change Order Form No. EFFECTIVE DATE: Change Order Form 303 OWNER: Indian River Countv CONTRACTOR SCS Field Services Project: Landfill Gas Flare Station The following changes are made to the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $ Net Increase (Decrease) from $ previous Change Orders No. to Contract Price prior to this $ Change Order: Net increase (decrease) of this $ Change Order: Contract Price with all approved $ Change Orders: ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: Change Ordain Y5 CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: June 24, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget FROM: Jennifer Hyde, Purchasing Manager SUBJECT: Additional Authorization for County Administrator to Approve Change Orders to Agreement for Fire Station 11 Remodel BACKGROUND: The Board awarded bid 2022o6i for the remodeling of the kitchen and restrooms at Fire Station 11, located at 2555 93rd Street in Wabasso to Intertech Construction Corporation of America, Inc. ("Intertech") on September 13, 2022, for a price of $26o,470. On June 20, 2024, the Board authorized the County Administrator to approve change orders to the construction contract to a total increase of $254,562.50 for additional renovations required after water damage was identified. The intent of the authorization was to ensure the contractor was able to continue working and complete the project in a timely manner. DISCUSSION: To date, the County Administrator has approved twelve change orders, after thorough review and approval by both the project architect, Edlund, Dritenbas, Binkley, Architects & Associates, P.A. ("EDB"), and staff. Change order 13 has been received, and, if approved as submitted, will exhaust the bulk of the additional funds the Administrator was authorized. Staff has just received drafts of change orders 14, 16, and 17, which have not yet been considered. A draft of change order 15 has not been received, but the content below is based on the information submitted on draft change orders 16 and 17. Change Order Approved Date Increase Total contract price Net Increase from Prev. Change Orders Additional Days Requested Days to Final Completion $260,470.00 1 1 7/7/2023 $4,835.09 $265305.09 N/A 2 122 2 7/7/2023 $10,157.90 $275,462.99 $4,835.09 10 132 3 7/7/2023 $6,072.58 $281,535.57 $14,992.99 5 137 4 7/7/2023 $4,o84.54 $285,620.11 $21,o65.57 3 140 5 8/14/2023 $21,693.20 $307,313.31 $25,150.11 7 147 305 Change Order Approved Date Increase Total contract price Net Increase from Prev. Change Orders Additional Days Requested Days to Final Completion 6 8/14/2023 $16,386.8o $323,700.11 $46,843.31 7 154 7 8/17/2023 $32,94o.64 $356,640.75 $63230.11 30 184 8 10/10/2023 $103,7o8.38 $460,349.13 $96,170.75 21 205 9 10/10/2023 -$2,600.00 $457,749.13 $199,879.13 0 205 10 1/29/2024 $13291.64 $471,040.77 $197,279.13 7 212 11 1/29/2024 $3,900.58 $474,941.35 $210,570.77 42 254 12 6/18/2024 $7,301.91 $482,243.26 $214,471.35 0 254 13 pending $27,46o-79 $509,704.05 $221,773.26 6o 314 14 Draft $6,821.98 $516,526.03 $249,234.05 0 314 15 $70,553.73 $587,079.76 $256,056.03 45 359 16 Draft $49,2o6.47 $636,286.23 $326,6o9.76 98 457 17 Draft $8,002.00 $644,288.23 $375,816.23 0 457 Every effort will be made to minimize the additional costs associated with the project, while pushing toward completion. During review some items in the draft change orders may be denied. FUNDING• Funds will come from the Emergency Services District/Fire Rescue/Other Improvements Except Buildings account, number 11412022-o66390. Account Name Account Number Amount Emergency Services District/Fire Rescue/Other Improvements Except Building 11412022-o66390 $TBD RECOMMENDATION: Staff recommends the Board authorize the County Administrator to execute additional change orders up to a total project cost of $650,000. 306 Ni INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Division Date: June 19, 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: Joseph Tilton, Recreation Manager Subject: Work Order Number 5, Continuing Engineering Services RFQ202315 - Fairgrounds Mobile Office Building BACKGROUND: On May 2, 2023, the Board of County Commissioners ("Board") approved Continuing Consulting Engineering Services Agreements for RFQ 202315 between Indian River County and Bowman Consulting Group. The County desires to utilize an existing developed area of the Fairgrounds as the office location for Indian River County OF/IFAS (Agriculture Extension). This site will allow for a centralized and dedicated location which will better serve the public with the ability to build and expand, over time, services with offices and classroom space. DESCRIPTION AND CONDITIONS: Work Order Number 5 will provide the design and engineering services necessary for the installation of a modular office building for the Indian River County UF/IFAS Extension office. Engineering services associated with this work order include Topographical and Tree Surveying, Soil Exploration, Engineering Design, Permit Application Assistance, Permit Application Fees and Construction Certification. Expectations under this work order is a completed site plan which will accommodate one to two portable office buildings, sidewalks, and related ADA parking to the north of the existing pavilions. The portable offices will be served by existing water, sewer, and electrical utilities. FUNDING: Funding for Work Order Number 5 is budgeted and available in the Optional Sales Tax/Parks/Fairgrounds Mobile Office Building account, number 31521072-066510-24024, in the amount of $54,450.00. Account Description Account Number Amount Optional Sales Tax/Parks/Fairgrounds Mobile Office Building 31521072-066510-24024 $54,450.00 307 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve Work Order 5, Continuing Engineering Services RFQ202315 - Fairgrounds Mobile Office Building and authorize the Chairman to execute the Work Order 5 after review and approval by the County Attorney. ATTACHMENTS: Work Order 5, Bowman Consulting Group Continuing Engineering Services RFQ202315- Fairgrounds Mobile Office Building DISTRIBUTION: Bowman Consulting Group, INC. APPROVED AGENDA ITEM FOR JULY 2, 2024 308 ENGINEERING SERVICES WORK ORDER This Work Order Number _ is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Bowman Consulting Group, Ltd. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: By: '44W Print Name: John M. Boyer, P.E. Title: Senior Project Manager BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Susan Adams, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 309 WORK ORDER _ —FAIRGROUNDS IFAS/EXTENSION FACILITY EXHIBIT A -SCOPE OF WORK Bowman Consulting Group (Bowman) will provide professional services to Indian River County Parks & Recreation Department (Parks) for improvement to the Indian River County Fairgrounds (Fairgrounds) site. Improvements will include the installation of two portable office buildings, sidewalks, and related parking to the north of the existing pavilions. The portable offices will be served by new water, sewer, and electrical utilities extended from existing equipment on the Fairgrounds. Bowman proposes to provide the following services: Task 1— Special Purpose Survey Bowman will prepare a Limited Topographic and Tree Survey in accordance with the Standards of Practice for Surveys set forth in Chapter 5.1-17.051 of the Florida Administrative Code and to the Indian River County Standards. 1. Prepare a Topographic Survey, as defined in Chapter 5.117-05 of the Florida Administrative Code (F.A.C.). 2. The Topographic Survey limits shall include the land as approximated and shown on Exhibit "A" (Included). Elevations shall be collected at an interval suitable for generating 1 -foot contours. All existing visible above ground improvements and structures will be located. 3. All visible utilities and drainage features will be located along with determining the associated invert elevations. Survey data will be presented on a copy of the site boundary as provided by the County. All work performed under this task order shall be under the direction of a Professional Surveyor and Mapper registered in the State of Florida in accordance with Chapter 472 of the Florida Statutes. Task 2 — Subsurface Soils Exploration Bowman will provide a subsurface soils exploration to support the engineering and stormwater management designs. The exploration will consist of one (1) boring to a depth of 20' where the proposed Restroom Facility will be. A geotechnical report will be provided to include bore logs, soil classification, thickness of soil layers, and groundwater depth. The report shall include opinions regarding the building foundation and stormwater retention design. Task 3 —Engineering Design Bowman will prepare engineering design plans including a site plan based on the special use survey obtained in Task 1 that will illustrate the full scope of the portable building improvements. The site plan will include the location of an accessible parking space, ramp and illustrate site grading and water and sewer utilities design. The site grading design will include sidewalk systems, and tie downs to existing elevations. The two proposed portable buildings, concrete accessible parking space, and related sidewalk will comprise about 3,000 to 3,600 square feet of impervious area, and therefore classifies for stormwater exemption per Indian River County's code Section 930.06(1)(d). Additionally, per the Florida Statutes Title XXVIII, Chapter 310 Work Order #_ — Bowman Consulting Group Fairgrounds Portable IFAS/Extension Facility 373.406(6), Bowman will apply for a stormwater exemption that will be determined by the St Johns River Water Management District (SJRWMD). The proposed development will have minimal impacts on water resources, and therefore, is anticipated to be given an exemption. The utilities design will illustrate service extensions from existing water and sewer mains on the Fairgrounds site to the proposed portables. A modular lift station is anticipated for the sanitary sewer service. The lift station will connect to an existing 4" force main along the Fairgrounds' north driveway. This task will include the following deliverables: • Construction -level plans including site, paving and grading, utilities, and construction details. • Lift Station Calculations & Design. • Opinion of Probable Cost for Civil Elements (ie: grading, utilities). Task 4 — Permitting Bowman will prepare applications for the following jurisdictional Permits: • IRC Minor Site Plan; • IRC Land Clearing & Tree Removal; • IRC Utilities Construction Permit (UCP); • Florida Department of Environmental Protection (FDEP) Water Construction General Permit; and • FDEP Wastewater General Permit. Permit exemptions are anticipated from the following agencies: • St Johns River Water Management District (SJRWMD) • IRC Engineering Task 5 — Construction Observation and Certification Following the selection of a contractor and award of bid, Bowman shall provide construction observation and certification services. This task shall include shop drawing review, response to contractor requests for clarification (RFC's), and attendance of formal inspection/testing events. Upon completion of construction the project's conformance to contract documents shall be certified to jurisdictional agencies. Page 2 of 3 311 Work Order #_ — Bowman Consulting Group Fairgrounds Portable IFAS/Extension Facility SERVICES AND/OR INFORMATION TO BE PROVIDED BY OTHERS Client or others will provide the following services and/or information: A. Provide record -drawings and information of existing improvements and utility -owned facilities and other substructures. B. Listed Species Survey & Permitting. C. Portable Building Design. D. All Permit Application and Review Fees. SPECIFIC EXCLUSIONS The scope of work is limited to that described above. Additional professional services may be provided by an amendment to this work order. The following items are specifically excluded: A. Architectural Design. B. Bidding Assistance. C. Specification Book (Specification to be Shown on Plans) EXHIBIT B — FEE SCHEDULE Bowman will provide the services described above according to the following schedule of fees: Task 1— Special Purpose Survey (Lump Sum) $ 12,290.00 Task 2 — Subsurface Soils Exploration (Lump Sum) $ 2,875.00 Task 3 — Engineering Design (Lump Sum) $ 22,640.00 Task 4 — Permitting (Lump Sum) $ 10,820.00 Task 5 — Construction Observation and Certification (Hourly*) $ 5,825.00* Total: $ 54,450.00 *Hourly tasks will be invoiced in accordance with the contract rate schedule and time expended. The total billing for hourly tasks shall not exceed the amount(s) stated above without authorization from Indian River County. EXHIBIT C — PROJECT SCHEDULE This Task Order shall commence upon Notice to Proceed (NTP) with the work to be completed as follows: Task 1— Special Purpose Survey 30 days Task 2 — Subsurface Soils Exploration 30 days concurrent with Task 1 Task 3 — Engineering Design 120 days following Task 1 Task 4 — Permitting 90 days following Task 3 Task 5 — Bid Documents & Bid Assistance: 30 Days following Task 3 Total: 270 days Page 3 of 3 312 t o 8 2 6 6 8 2 32 2. IRC Land Clearing & Tree Removal 2 2 2 June 24, 2024 2 Estimated Staff Loading For: 3. IRC Utilities Construction Permit 4 2 2 Indian River Co. Parks & Recreation - IRC Fairgrounds IFAS/Extension 10 4. FDEP Water GP TASK Sr Pro' Mgr Proj Mgr I Eng III Eng II 1 Sr Ds nr Admin TOTAL Task 3 - lIngi eering Design 1 2 4 2 1. Engineering Design 16 4 4 16 40 3 83 10 $900 2. Lift Station Design 8 2 8 16 3 37 3. Opinion of Cost 8 2 4 8 2 24 Subtotals 32 8 16 40 40 8 144 Costs $7,200 $1,520 $2,400 $5,200 $5,600 $720 $22,640 Task 4 - Permitting 1. Minor Site Plan Application 8 2 6 6 8 2 32 2. IRC Land Clearing & Tree Removal 2 2 2 2 2 10 3. IRC Utilities Construction Permit 4 2 2 2 10 4. FDEP Water GP 1 VALUE ($) $12,290 $2,875 $5,825 $20,990 2 4 2 9 5. FDEP Wastewater GP 1 2 4 2 9 Subtotalsl Costs 1 16 $3,600 1 4 $760 1 14 1 $2,100 18 8 $2,340 $1,120 10 $900 70 $10,820 Staff By Category Totals 48 12 30 58 48 18 214 Billing Rate ($/hr) Total Personnel Cost ($) Staffing Ratio (% of total hrs) Average Personnel Cost ($/hr) $225 $190 $150 $130 $140 $90 $10,800 $2,280 $4,500 $7,540 $6,720 $1,620 $33,460 22.4 5.6 14.0 27.1 22.4 8.4 156.36 Description of Other Project Costs Task 1 -Special Purpose Survey (See Attached): Task 2 - Subsurface Soils Exploration (attached, sub cost plus 15%): Task 5 - Construction Observation & Certification (Hourly, Not to Exceed): Total of other costs ($) VALUE ($) $12,290 $2,875 $5,825 $20,990 Total Estimated Project Cost ($) $54,450 WO Professional Fees v2.xlsx 313 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Conservation Lands Division Date: June 17, 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 CONSENT 771 BCC Meeting Subject: Final Payment of the 90 -Day Maintenance Period for Bid 2023063 for the Hallstrom Farmstead Habitat Enhancement & Parking Area Planting BACKGROUND: The Hallstrom Farmstead Conservation Area was purchased in 2002 with cost -share assistance from the Florida Communities Trust (FCT). The 93 -acre site is located on Old Dixie Highway, approximately one mile south of the intersection at Oslo Road. To further the habitat restoration objectives required by FCT and outlined in the Board Approved Management Plan (August 2002), the County has been working to restore native habitat on the site using a combination of invasive treatments and revegetation. DESCRIPTION AND CONDITIONS: On September 26, 2023, the Board approved an agreement with Sandhill Environmental Services, LLC for the installation of native plants in the amount of $31,277.99. Staff inspected and approved the work completed for the initial plant installation based on the Agreement. The contract for the project included a 90 -day Maintenance Period for the installed materials. Upon review of the site at the conclusion of the 90 -Day maintenance period staff determined that a portion of the plant materials did not survive, and per the agreement these materials are required to be replaced. The Contractor has replaced the materials to the satisfaction of staff, and the Contractor is requesting final payment of the 90 -day maintenance period in the amount of $9,869.85. FUNDING: Funding for the Hallstrom Farmstead revegetation is available in the Tree Ordinance Fines Fund/Parks/Landscape Materials & Supplies/Hallstrom Farmstead account number 11721072- 035340-19027 in the amount of $9,869.85. Account Description Account Number Amount Tree Ordinance Fines Fund/Parks/Landscape Materials & Supplies/Hallstrom Farmstead 11721072-035340-19027 $9,869.85 314 RECOMMENDATION: Staff respectfully recommends approval of Invoice #3580, in the amount of $9,869.85 to Sandhill Environmental Services, LLC, which will release any further obligations of the County from the Contractor. ATTACHMENTS: Sandhill Environmental Services, LLC Invoice #3580 APPROVED AGENDA ITEM FOR JULY 2, 2024 315 Bill To Indian River County Parks & 5500 77th Street Vero Beach. FL 329'67 Office: 863-494-9737 Fax: 863-494-1364 office@sandhillgrowers.com www.sandhiligrowers.com Item Description Rate Serviced Qty. Amount Hallstrom Fan'nstead Habitat Enhancement & Parking Area Planting Maintenance 90 -day mointe ortCO 9,869.85 1 9,869.85 Specializing in Naturat AMM WM*nM)*#W# `f q S..Peclelj AWYOV01 LGOIL7ttMI Shelf'Plant lnstallatibn 4fliAe fkn d & Upland Restoration Plwting Web site, w!sandhillt{B n 316 M 9 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John Titkanich, Jr., County Administrator Prepared By: Jim Mann, MPA; MPO Senior Planner Date: June 21, 2024 Subject: Safe Streets and Roads for All (SS4A) Grant Agreement It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of July 2, 2024. DESCRIPTION, CONDITIONS, AND ANALYSIS Last year, Indian River County applied for a $160,000 grant from the U.S. Department of Transportation (USDOT) through the Safe Streets and Roads for All (SS4A) program. The purpose of the grant is to provide funding for the preparation of a Comprehensive Safety Action Plan. Recently, the County was notified that its grant application has been approved, and County staff have since coordinated with the Federal Highway Administration (FHWA) in preparing the grant agreement (see Attachment #1). The MPO has adopted "Target Zero" for eliminating all traffic fatalities and serious injuries. The Safety Action Plan, which will be prepared by one of the MPO's General Planning Consultants, will identify safety projects and measures toward achieving "Target Zero" in Indian River County. Upon completion of the Safety Action Plan, projects identified in the plan will be eligible for funding through an infrastructure grant from SS4A or a similar program. FUNDING A budget amendment will be posted to fund the grant amount of $160,000 and matching funds of $40,000 from MSTU/Reserve for Contingency. The expenses will be charged to Acct# 00420515-033490-24802, MSTU/Planning/Other Contractual Services/DOT Safe Streets for All. RECOMMENDATION Staff recommends that the Board of County Commissioners approve the grant agreement for Safe Street and Roads for All and authorize the Planning and Development Services Director to sign the agreement. C:\Granicus\Legistar5\L5\Temp\0809f058-c6b6-4e63-850b-085d45fcd132.docx 317 r_%ICTI];ITA 140kM 1. Grant Agreement C:\Granicus\Legistar5\LS\Temp\0809f058-c6b6-4e63-850b-085d45fcd132.docx 319 1. Federal Award No. 693JJ32440528 2. Effective Date 3. Assistance See No. 16 Below Listings No. 20.939 4. Award To 5. Sponsoring Office Indian River County U.S. Department of Transportation 1801 271' Street Federal Highway Administration Vero Beach, FL 32960-3365 Office of Safety 1200 New Jersey Avenue, SE Unique Entity Id.: FB3SLJJZ38K9 HSSA-1, Mail Drop E71-117 TIN No.: 59-6000674 Washington, DC 20590 6. Period of Performance 7. Total Amount Effective Date of Award — Twenty-one Federal Share: $160,000.00 (21) months Recipient Share: $40,000.00 Other Federal Funds: $0 Other Funds: $0 Total: $200,000.00 8. Type of Agreement Grant 10. Procurement Request No. HSA240320PR 12. Submit Payment Requests To See Article 5. 14. Description of the Project Creation of a Safety Action Plan RECIPIENT 15. Signature of Person Authorized to Sign Signature Date Name: Andrew Sobczak Title: Planning and Development Services Director Indian River County 9. Authority Section 24112 of the Infrastructure Investment and Jobs Act (Pub. L. 117-58, November 15, 2021; also referred to as the "Bipartisan Infrastructure Law" or "BIL") 11. Federal Funds Obligated $160,000.00 13. Accounting and Appropriations Data 15X0173E50.0000.05 5 SR 10500.5592000000.4 1010.610066 FEDERAL HIGHWAY ADNIINISTRATION 16. Signature of Agreement Officer Signature Name: Hector Santamaria Title: Agreement Officer Date 319 1 of 15 U.S. DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT UNDER THE FISCAL YEAR 2023 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM This agreement is between the United States Department of Transportation's (the "USDOT") Federal Highway Administration (the "FHWA") and the Indian River County (the "Recipient"). This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All ("SS4A") Grant for the Indian River County Safe Streets For All Action Plan. The parties therefore agree to the following: ARTICLE 1 GENERAL TERMS AND CONDITIONS 1.1 General Terms and Conditions. (a) In this agreement, "General Terms and Conditions" means the content of the document titled "General Terms and Conditions Under the Fiscal Year 2023 Safe Streets and Roads for All ("SS4A") Grant Program,", which is available at haps://www.transportation.gov//rants/ss4a/grant-agreements under "Fiscal Year 2023." Articles 7-30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement. (b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient's non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal -government -wide integrity and performance system. 320 2of15 ARTICLE 2 APPLICATION, PROJECT, AND AWARD 2.1 Application. Application Title: Indian River County Safe Streets For All Action Plan Application Date: 07-07-2023 2.2 Award Amount. SS4A Grant Amount: $160,000.00 2.3 Federal Obligation Information. Federal Obligation Type: Single 2.4 Budget Period. Budget Period: See Block 6 of Page 1 2.5 Grant Designation. Designation: Planning and Demonstration ARTICLE 3 SUMMARY PROJECT INFORMATION 3.1 Summary of Project's Statement of Work. The purpose of this project is to create a Safety Action Plan for Indian River County to implement safe streets initiatives to reduce roadways deaths and serious injuries. The project will be completed in one phase. 3.2 Project's Estimated Schedule. Action Plan Schedule Milestone Schedule Date Planned NEPA Completion Date: 1 month after fully executed agreements Planned Draft Plan Completion Date: 12 months after fully executed agreements Planned Final Plan Completion Date: 14 months after fully executed agreements Planned Final Plan Adoption Date: 16 months after fully executed agreements Planned SS4A Final Report Date: 18 months after fully executed agreements 321 3of15 3.3 Project's Estimated Costs. (a) Eligible Project Costs Eligible Project Costs SS4A Grant Amount: $160,000.00 Other Federal Funds: $0 State Funds: $0 Local Funds: $40,000.00 In -Kind Match: $0 Other Funds: $0 Total Eligible Project Cost: $200,000.00 (b) Cost Classification Table — Planning and Demonstration Grants with demonstration activities and Implementation Grants Only — not applicable (c) Indirect Costs Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient's approved Budget Application. In the event the Recipient's indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient's indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding. 4.1 Recipient Contact(s). Brian Freeman MPO Staff Director Indian River County MPO 1801 27th Street Vero Beach, FL 32960 772-226-1990 bfreeman@indianriver.gov ARTICLE 4 RECIPIENT INFORMATION 4of15 322 4.2 Redpient Key Personnel. Name Title or Position Brian Freeman MPO Staff Director Andrew Sobczak Director Planning and Development Services Indian River County 4.3 USDOT Project Contact(s). Safe Streets and Roads for All Program Manager Federal Highway Administration Office of Safety HSSA-1, Mail Stop: E71-117 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-366-2822 SS4A.FHWAa,dot Dov and Agreement Officer (AO) Federal Highway Administration Office of Acquisition and Grants Management HCFA -33, Mail Stop E62-310 1200 New Jersey Avenue, S.E. Washington, DC 20590 202-493-2402 HCFASS4AAdot. ov mle Division Administrator — Florida Agreement Officer's Representative (AOR) 3500 Financial Plaza, Suite 400 Tallahassee, FL 32312 (850) 553-2200 florida.fhwa@dot.gov and Kevin Burgess Florida Division Office Lead Point of Contact Safety Engineer 3500 Financial Plaza, Suite 400 Tallahassee, FL 32312 (850) 553-2229 kevin.burgess@dot.gov 5of15 323 ARTICLE 5 USDOT ADMINISTRATIVE INFORMATION 5.1 Office for Subaward and Contract Authorization. USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management SUBAWARDS AND CONTRACTS APPROVAL Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract). Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the "AO") are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327. Note: This clause is only applicable to grants that do not include construction. In accordance with 2 CFR 200.308(c)(6), unless described in the application and funded in the approved award, the Recipient must obtain prior written approval from the AO for the subaward, transfer, or contracting out of any work under this award above the Simplified Acquisition Threshold. This provision does not apply to the acquisition of supplies, material, equipment, or general support services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement. The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre -approval requirements of this clause. 5.2 Reimbursement Requests (a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly. (b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF -270 (Request for Advance or Reimbursement) or SF -271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred. (c) The Recipient's supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient's share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer's Representative (the "AOR") may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, the FHWA may waive the requirement that the Recipient use the DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. 324 6of15 (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients. ARTICLE 6 SPECIAL GRANT TERMS 6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement. 6.2. The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements. 6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures. 6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Action Plan will be made publicly available and agrees that it will publish the final Action Plan on a publicly available website. 6.5 There are no other special grant requirements. 325 7of15 ATTACHMENT A PERFORMANCE MEASUREMENT INFORMATION Study Area: Indian River County Table 1: Performance Measure Table 326 8of15 Measurement Measure Category and Description Frequency and Reporting Deadline Percent of Funds to Underserved Within 120 days Equity Communities: Funding amount (of total after the end of the project amount) benefitting underserved period of communities, as defined by USDOT performance Costs Project Costs: Quantification of the cost Within 120 days of each eligible project carried out using after the end of the the grant period of performance Lessons Learned and Recommendations: Lessons Learned and Description of lessons learned and any Within 120 days Recommendations recommendations relating to future after the end of the projects or strategies to prevent death and period serious injury on roads and streets. performance ce 326 8of15 ATTACHMENT B CHANGES FROM APPLICATION Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties' knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert "N/A" in Section 3.3 of the table. Scope: N/A Schedule: N/A Budget: N/A The table below provides a summary comparison of the project budget. Fund Source Previously Incurred Costs (Non -Eligible Project Costs) Application $ % Section 3.3 $ N/A N/A Federal Funds Non -Federal Funds N/A N/A Total Previously Incurred Costs Future Eligible Project Costs N/A N/A SS4AFunds N/A N/A Other Federal Funds N/A N/A Non -Federal Funds N/A N/A Total Future Eligible Project Costs N/A N/A Total Project Costs N/A N/A 327 9of15 ATTACHMENT C RACIAL EQUITY AND BARRIERS TO OPPORTUNITY 1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity. The Recipient states that rows marked with "X" in the following table align with the application: 2. Supporting Narrative. Indian River County has created and enforced policies and procedures that ensure equity is considered with all proposed transportation improvements and programs. The MPO recently completed a Community Characteristics Report of 24 geographic sub -areas of Indian River County based on 2020 Census and American Community Survey data. The Community Characteristics Report is useful in identifying disadvantaged communities within Indian River County, such as the unincorporated community of Gifford which has a population that is 75% African-American, the highest concentrations of poverty in Indian River County (38% of residents are below the poverty level), and the lowest median household income ($21,876) within the county. Because Gifford is a community with a significant population that is transportation disadvantaged, Indian River County has implemented public transit services (fare free) and developed a Gifford Neighborhood Plan with extensive community participation that identifies needed transportation and other infrastructure improvements. 328 10 of 15 A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below) The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity -focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below) The Project includes physical -barrier -mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below) The Project includes new or improved walking, biking, and rolling access for x individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below) The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below) The Recipient has taken other actions related to the Project to improve racial X equity and reduce barriers to opportunity, as described in the supporting narrative below. The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award. 2. Supporting Narrative. Indian River County has created and enforced policies and procedures that ensure equity is considered with all proposed transportation improvements and programs. The MPO recently completed a Community Characteristics Report of 24 geographic sub -areas of Indian River County based on 2020 Census and American Community Survey data. The Community Characteristics Report is useful in identifying disadvantaged communities within Indian River County, such as the unincorporated community of Gifford which has a population that is 75% African-American, the highest concentrations of poverty in Indian River County (38% of residents are below the poverty level), and the lowest median household income ($21,876) within the county. Because Gifford is a community with a significant population that is transportation disadvantaged, Indian River County has implemented public transit services (fare free) and developed a Gifford Neighborhood Plan with extensive community participation that identifies needed transportation and other infrastructure improvements. 328 10 of 15 The Project will identify sidewalks, shared use paths, bike lanes, and public transit amenities needed to improve access within Indian River County communities like Gifford (75% African -American population). In particular, the Project will examine the Martin Luther King Blvd. (45th Street) corridor in Gifford and recommend access improvements for that corridor. 329 11 of 15 ATTACHMENT D CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS 1. Consideration of Climate Change and Environmental Justice Impacts. The Recipient states that rows marked with "X" in the following table align with the application: 330 12 of 15 The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below) The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below) The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.) The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below) The Project supports a modal shift in freight or passenger movement to reduce x emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below) The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below) The Project incorporates electrification infrastructure, zero -emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below) The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below) The Project promotes energy efficiency. (Describe how in the supporting narrative below) The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below) x The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below) The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below) The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below) The Project supports or incorporates the construction of energy- and location - efficient buildings. (Describe how in the supporting narrative below) The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below) 330 12 of 15 2. Supporting Narrative. Located along the Atlantic coast of Florida, Indian River County is vulnerable to natural disasters, such as hurricanes, as well as impacts from climate change such as sea level rise. To address the County's need for resiliency and protection of the natural environment, the County has prepared a Resiliency Study, a Lagoon Management Plan, a Beach Preservation Plan, a Manatee Protection Plan, a Sea Turtle Habitat Conservation Plan, and others. In addition, the MPO's Long Range Transportation Plan considers the impacts of climate change and the need for resilient transportation systems. All improvements recommended by the project will be resilient. The Project will support a modal shift in passenger movement by promoting alternative modes of travel, such as public transportation (fare -free) and bicycle and pedestrian facilities within Indian River County, and particularly in the unincorporated community of Gifford, a disadvantaged community with a minority -majority population (75% African-American) and the highest concentrations of poverty within Indian River County (38% of residents are below the poverty level). 331 13 of 15 The Recipient has taken other actions to consider climate change and x environmental justice impacts of the Project, as described in the supporting narrative below. The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below. The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award. 2. Supporting Narrative. Located along the Atlantic coast of Florida, Indian River County is vulnerable to natural disasters, such as hurricanes, as well as impacts from climate change such as sea level rise. To address the County's need for resiliency and protection of the natural environment, the County has prepared a Resiliency Study, a Lagoon Management Plan, a Beach Preservation Plan, a Manatee Protection Plan, a Sea Turtle Habitat Conservation Plan, and others. In addition, the MPO's Long Range Transportation Plan considers the impacts of climate change and the need for resilient transportation systems. All improvements recommended by the project will be resilient. The Project will support a modal shift in passenger movement by promoting alternative modes of travel, such as public transportation (fare -free) and bicycle and pedestrian facilities within Indian River County, and particularly in the unincorporated community of Gifford, a disadvantaged community with a minority -majority population (75% African-American) and the highest concentrations of poverty within Indian River County (38% of residents are below the poverty level). 331 13 of 15 ATTACHMENT E LABOR AND WORKFORCE 1. Efforts to Support Good -Paying Jobs and Strong Labor Standards The Recipient states that rows marked with "X" in the following table align with the application: 332 14 of 15 The Recipient demonstrate, to the full extent possible consistent with the law, an x effort to create good -paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.) The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below) The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below) The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below) The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below) The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below) The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below) 332 14 of 15 2. Supporting Narrative. As adopted in many policies and procedures, Indian River County has created a work environment for good paying jobs and equal opportunity. The County's Equal Employment Opportunity Program was first adopted in 1989 and has been updated in the years following. The County workforce includes both union and non-union employees. Employees are provided a free and fair choice to join a union. Employees who join a union are covered by collective bargaining agreements, which are with Teamsters, Local Union No. 769 (effective October 1, 2022) and the International Association of Fire Fighters Local 2201 (also effective October 1, 2022). In recent years, a competitive employment market has created challenges in County hiring. As a result, the County has updated many of its employee benefits and has also initiated a Compensation Study to review County pay practices. 333 15 of 15 The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including: a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor's Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 X percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color; c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti -harassment and third -party reporting procedures covering employees and contractors; and f. maintaining robust anti -retaliation measures covering employees and contractors. (Describe the equal opportunity plan in the supporting narrative below) The Recipient has taken other actions related to the Project to create good - x paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below) The Recipient has not yet taken actions related to the Project to create good - paying jobs with the free and fair choice to join a union and incorporate strong labor standards but, before beginning construction of the project, will take relevant actions described in the supporting narrative below. The Recipient has not taken actions related to the Project to improving good - paying jobs and strong labor standards and will not take those actions under this award. 2. Supporting Narrative. As adopted in many policies and procedures, Indian River County has created a work environment for good paying jobs and equal opportunity. The County's Equal Employment Opportunity Program was first adopted in 1989 and has been updated in the years following. The County workforce includes both union and non-union employees. Employees are provided a free and fair choice to join a union. Employees who join a union are covered by collective bargaining agreements, which are with Teamsters, Local Union No. 769 (effective October 1, 2022) and the International Association of Fire Fighters Local 2201 (also effective October 1, 2022). In recent years, a competitive employment market has created challenges in County hiring. As a result, the County has updated many of its employee benefits and has also initiated a Compensation Study to review County pay practices. 333 15 of 15 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 21, 2024 SUBJECT: Meritage Homes of Florida, Inc.'s Request for Final Plat Approval for Hampton Park PD Phase 1 [PD -21-04-04 / 2004040192-94780] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of July 2, 2024. DESCRIPTION & CONDITIONS: The Hampton Park PD Phase 1 final plat consists of 71 lots on 55.04 acres, resulting in a density of 1.29 units per acre. It is located at the northeast corner of the intersection of 58th Avenue and 8th Street (see attachment 1). The property is zoned RS -3, Single -Family Residential (up to 3 units per acre) and A-1, Agricultural District, and has an L-1, Low -Density Residential -1 (up to 3 units per acre) future land use designation. On January 11, 2022, the Board of County Commissioners granted special exception and conceptual PD plan approval for the Hampton Park PD to include a total of 150 single-family lots on 55.04 acres, for an overall density of 2.73 units per acre. The Indian River County's Engineering Division issued the Land Development Permit on August 31, 2022, and the applicant began construction activities shortly afterwards. As of this time, the developer has constructed 77.05% of the required project improvements. The applicant has coordinated with staff to provide the following: 1. A final plat in conformance with the approved preliminary plat (see attachment 2); 2. An approved Engineer's Certified Cost Estimate for the remaining required improvements; and An executed Contract for Construction of the remaining required improvements, with an Irrevocable Letter of Credit from Regions Bank for 125% of the cost of construction for the remaining required improvements. The Board of County Commissioners (BCC) is now to consider granting final plat approval for The Hampton Park PD Phase 1 Final Plat. C:\Granicus\Legistar5\L5\Temp\f7c5fd4c-025e-4c34-b35d-69351dd466aa.doc Page 1 of 2 334 ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided for under the County Land Development Regulations applicable to this final plat application, the applicant will be "bonding -out" the remaining 22.95% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office has received an Irrevocable Letter of Credit in the amount of $1,488,761.34 to guarantee construction of the remaining required improvements. All improvements within The Hampton Park PD Phase 1 will be private, except for certain utility facilities. Those utility facilities will be dedicated and guaranteed to Indian River County, as required through the final plat and certificate of completion process. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for The Hampton Park PD Phase 1. ATTACHMENTS: 1. Location Map 2. Final Plat Layout C:\Granicus\Legistar5\L5\Temp\f7c5fd4c-025e-4c34-b35d-69351dd466aa.doc Page 2 of 2 335 0 AV aNZb � 00 AV aNZti = t- O AVaNZti 0 a V K a Kai � (1) N J c~n O010 QNZt, M M (AVNNb'W370) AV a2i£t, fO = C M ? ' W m 010 '' Hl" 010 Hi" o M 0 AV Hl9t, (08 A3SSVn) J B�AGKPiNE Q AV Hl" N m a DRO a 0 AV H19t, 0 AV a 0 AV Hl9t" N m U AV HJ-9t? 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Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Kirstin Leiendecker, P.E., Acting Public Works Director FROM: Erik Ferguson, P.E., County Traffic Engineer SUBJECT: Agreement for Traffic Signal Maintenance and Repair for Orchid Island Golf and Beach Community Association, Inc., Intersection of Highway A1A and Orchid Island Drive DATE: June 10, 2024 DESCRIPTION AND CONDITIONS Orchid Island Golf & Beach Community Association, Inc. (Orchid) desires to install a traffic signal at the intersection of Highway A1A and Orchid Island Drive. Florida Department of Transportation (FDOT) has authorized the installation of the traffic signal and Orchid has agreed to pay for the construction costs. The County has an executed agreement with FDOT for maintenance of all traffic signals on the state highway system in Indian River County. After the traffic signal is installed, it will be maintained by Indian River County (the County) and FDOT will compensate the County an annual lump sum amount for the maintenance of the traffic signal. An agreement is necessary to compensate the County for services not compensated for by FDOT. Orchid and the County have drafted the attached "Agreement for Traffic Signal Maintenance and Repair" for a five-year renewable term between Orchid and the County. The County will provide all labor, equipment, and materials necessary to maintain the traffic signal. The County will invoice Orchid quarterly for all services in accordance with the charges provided for in schedule A of the attached agreement. FISCAL IMPACT There will be no fiscal impact. The County will be reimbursed by Orchid for costs incurred. RECOMMENDATION Staff recommends the Indian River County Board of County Commissioners approve the agreement between Indian River County and Orchid Island Golf and Beach Community Association, Inc. for Traffic Signal Maintenance and Repair, and authorize 343 the Chairman to sign, after review and approval by the County Attorney as to form and legal sufficiency. ATTACHMENT Orchid Island-SR-A1A Traffic Signal Maintenance Agreement APPROVED AGENDA ITEM FOR July 2,2024 C:\Granicus\Legistar5\L5\Temp\Of7696e9-OfOd-4aa8-9ddb-4fa231351bb9.doc 344 AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR THIS AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR ("Agreement") is made this day of , 2024, by and between the ORCHID ISLAND GOLF & BEACH COMMUNITY ASSOCIATION, INC., a Florida corporation, whose address is 1 Beachside Drive, Orchid, FL 32963, hereinafter "Orchid," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, whose address is 180127' Street, Vero Beach, FL 32960, hereinafter "County". WHEREAS, Orchid desires to retain the services of the County's Public Works Department to perform the necessary maintenance and repairs to the traffic signals and/or other applicable devices (collectively, the "Traffic Signals") identified in Schedule `B" attached hereto, which will be installed by Orchid at the intersection of Highway AIA and Orchid Island Drive, in accordance with the provisions that certain AIA Document A104 — 2017 dated December _, 2023, by and between Orchid and Gerelco Traffic Controls, Inc., and; WHEREAS, it is the intent of both parties to ensure provisions for the continuous, coordinated and professional maintenance of the Traffic Signals to ensure their continuous operations; and WHEREAS, the County has an executed agreement ("County Agreement") with the Florida Department of Transportation ("FDOT") for the maintenance of traffic equipment on the State Highway System and has modified the County Agreement to include all signals as they are added onto the system; and WHEREAS, both parties agree that Orchid shall utilize painted mast arms for the Traffic Signals in lieu of galvanized mast arms. NOW, THEREFORE, in consideration of the above recitals and the mutual promises contained herein, the parties agree as follows: 1. SCOPE OF WORK. A. The County shall provide all labor, equipment, and materials, including preventative maintenance activities, at the rates specified in Schedule "A" attached hereto, as may be reasonable and necessary to maintain in good operating condition, or to repair, replace, reconstruct, and/or restore to good operating conditions all of the Traffic Signals. The County Agreement also includes the County's maintenance of all related hardware and control equipment in relation to the Traffic Signals, once such hardware and/or control equipment is installed by the contractor and approved for operation by FDOT. All work to be performed hereunder by the County shall be done in a skillful and workmanlike manner, in accordance with accepted industry practices and customs, and in accordance with all laws, rules, and regulations. B. The County shall be free to determine the design, style, make model, manufacturer, or other specification of any material or equipment used or provided hereunder subject to any applicable law, rule or regulation, and the provisions of the County Agreement (including any amendment thereto). C. Any traffic signal design modifications developed by the County as part of this Agreement for portions of the traffic system serving Orchid shall be reviewed and approved by Orchid (such approval to not be unreasonably withheld or conditioned), and Orchid shall have the option of substituting the County's proposed modifications, equipment, and/or materials with equal or better modifications, equipment and/or materials. Orchid shall be responsible for any additional reasonable costs incurred in connection with such approved modifications or substitution. Any traffic signal design modifications developed by the County for portions of the traffic system not serving Orchid, shall be paid for by either FDOT or the County. 345 D. Notwithstanding anything in this Agreement to contrary, the parties hereby agree that Orchid plans on utilizing painted mast arms for the Traffic Signals instead of galvanized mast arms. Because it is the policy of FDOT to only utilize galvanized mast arms for its traffic signals, neither the County nor FDOT shall be responsible for the maintenance of the paint coating on the Traffic Signals' mast arms, but rather, Orchid shall be solely responsible for the costs and expenses of maintaining the paint coating on the Traffic Signals' mast arms. 2. TERM OF AGREEMENT, A. The initial term of this Agreement shall commence on and expire on Thereafter, this Agreement shall be subject to automatic, consecutive five (5) year extensions, coinciding with the fiscal year of the County, until, the earlier of. (i) either party provides to the other party written notice of its intention to terminate this Agreement at least one hundred -eighty (180) days in advance of the then outstanding expiration date; or (ii) both parties mutually agree in writing to terminate this Agreement. B. Modifications, additions, or deletions to this Agreement, other than updating the notice information in Section 3 of this Agreement, shall not be enforceable unless such modifications, additions, or deletions are in a written addendum executed by both parties, and such addendum shall meet all appropriate terms and conditions of the County Agreement (as amended). 3. NOTICE TO THE COUNTY FOR REPAIR, A. Notice to the County for repair will be accomplished directly to the following Personnel: County Traffic Engineer Indian River County 180127' Street Vero Beach, FL 32960 (772)226-1568 B. Orchid hereby designates the following individuals or officers (each a "Designee") as its exclusive authorized agents for communication with the County of any notice to proceed with repairs or reconstruction: Francis X. Kelly Community Association Board President Orchid Island Golf & Beach Community Association, Inc. 1 Beachside Drive Orchid, FL 32963 C. It shall be the responsibility of Orchid, or any Designee, to notify and request from the County that repairs or reconstruction of the Traffic Signals is necessary prior to the County being obligated to perform any maintenance or repair obligations hereunder. All notices and requests must include a general description of the problem or deficiency of the Traffic Signals, and shall be communicated to the County by Orchid, or its Designee, at the County's above address. For the avoidance of doubt, the County shall not be required to perform any maintenance or repair obligations under this Agreement, nor shall the County be held in breach of this Agreement for its non-performance of any maintenance or repair obligations hereunder, in the event that Orchid, or its Designee, fails to properly give County prior notice and requests in accordance with this Section 3. 4. RESPONSE TIME, A. It is the County's goal to use its best efforts to respond to any notice or request for emergency repairs of the Traffic Signals within a "Zero Response Time"; provided, however, in no event shall the County 2 346 respond to any such emergency notice or request longer than two (2) hours following receipt of such emergency notice or request. Additionally, the County shall respond to any notice or request of non -emergency repairs or routine repairs of the Traffic Signals within twenty-four (24) hours following receipt of any such notice or request. Notwithstanding the foregoing, if the County fails to respond to any notice or request within the previously stated time periods due to (i) the County's good cause, or (ii) a disaster pursuant to Section 6 below, then the County shall not be considered to be in breach of this Agreement. B. For the purposes of this Agreement, a notice or request will be considered received by the County upon the County's designated agent's receipt of notice or request from Orchid and/or its Designee. C. A notice or request shall be deemed an "emergency request," if (i) the damage to the Traffic Signal, or (ii) the malfunction or failure thereof of the Traffic Signal results in or has resulted in the creation of a serious and/or immediate traffic hazard; for example, including, but not limited to, total loss of power to the Traffic Signal; loose, hanging equipment on the Traffic Signal; the loss of a red signal face color indication; or flashing operation of the Traffic Signal at a critical time. A notice or request shall be deemed a "non -emergency request" or a "routine repair request," if (1) the damage to the Traffic Signal, or (2) the malfunction or failure thereof of the Traffic Signal does not result in or has not resulted in the creation of a serious and/or immediate traffic hazard; for example, including, but not limited to, cracked or broken lenses on the Traffic Signal; loss of a non -red signal face color indication; or flashing operation of the Traffic Signal at a non-critical time. 5. PAYMENT, A. The County shall invoice (along with any and all applicable supporting documentation) Orchid quarterly for all services provided during the Term of this Agreement, in accordance with the charges provided for in Schedule "A". Orchid shall pay the County all amounts invoiced within forty-five (45) days of receipt of the invoice (along with applicable supporting documentation). B. Notwithstanding the prior subparagraph, Orchid shall have the right to question and/or dispute the accuracy of the County's invoice; provided however, that Orchid agrees to not unreasonably withhold its approval of the County's invoice. In the event any portion of the invoice is in bona fide dispute between the parties, Orchid agrees to remit payment to the County of the undisputed portion of such invoice within forty-five (45) days of receipt of the invoice (along with applicable supporting documentation), and the disputed portion of such invoice shall not be due and payable until the parties resolve such dispute. The County and Orchid agree to work together to amicably resolve the disputed portion(s) of the invoice. Upon the parties' resolution of such disputed portion(s) of the invoice, Orchid shall remit payment, if any, to the County of such resolved portion(s) of the invoice within forty-five (45) days following the parties' resolution. 6. DISASTERS, The occurrence of any natural or man-made disaster, when declared as such by federal, state, or local government, including, but not limited to a hurricane, tornado, flood, act of war, or airliner crash, may result in the impossibility of performance of this Agreement. The parties agree that this Agreement shall be considered temporarily suspended during any such state of disaster, and the County's performance and/or response times, as set forth elsewhere in this Agreement, may be temporarily delayed. 7. LIABILITY. To the extent provided by law, the County will be responsible for all claims, demands, suits, liabilities, damages and losses arising out of or resulting from the negligent acts of commission or omission by its contractors, subcontractors, employees, agents or representatives. Nothing in this Agreement shall be construed as any waiver of County's sovereign immunity. 8. THIRD PARTIES, Orchid hereby agrees that, upon prior written notice to Orchid and prior approval of the FDOT District Traffic Operations Engineer, the County may enter into services or maintenance agreements with any third party providers with respect to any or all of the services or obligations contemplated herein, either on a full-time or stand-by basis, in accordance with the charges provided for in Schedule "A"; provided, however, that 347 the terms and conditions of this Agreement or the County Agreement shall continue to govern the relationship between the parties. 9. MISCELLANEOUS, This Agreement shall be binding on and shall inure to the benefit of the parties and their successors and assigns. This Agreement may be assigned, transferred or conveyed by either party with the prior written consent of the other party. Any number of counterparts of this Agreement may be signed and delivered, each of which shall be considered as original and all of which, together, shall constitute one in the same instrument. For purposes of this Agreement, a signature delivered by facsimile or similar electronic method shall be as binding upon the delivering party as an original signature. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or enforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 10. GOVERNING LAW, This Agreement shall be governed by and construed under the laws of the State of Florida. Venue shall be Indian River County, Florida. LLY 3UT [SIGNATURE PAGE TO AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND REPAIR] IN WITNESS WHEREOF, the duty authorized officials of the County and Orchid have executed this agreement as of the day and year first above written. ORCHID ISLAND GOLF & BEACH COMMUNITY ASSOCIATION, INC. BY: _ Name: Title: (Corporate seal) BCC Approved: Approved: By John A. Titkanich. Jr. County Administrator Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved as to form and legal sufficiency William K. DeBraal County Attorney 5 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY: Susan Adams, Chairman 349 SCHEDULE "A" SERVICE RATE SCHEDULE 1. EMPLOYEES: Actual base salary of the County Staff utilized for the required remedial and/or maintenance activities plus a factor of forty percent (40%) markup to cover fringe, overhead, and burden costs. Afterhours, weekend, and holiday work to include a fifty percent (50%) overtime markup as required by County policy. 2. PARTS: Cost plus ten percent (10°/6) 3. EQUIPMENT: Rates will be determined by the County using either (i) the "Rental Rate Blue Book for Construction Equipment" as published EquipmentWatch or (ii) FEMA Schedule of Equipment Rates. 4. SUBCONTRACT: If any County services or obligations are sub -contracted per Section 8 of this Agreement, actual costs will be reimbursed. 6 350 SCHEDULE "B" TRAFFIC SIGNALS) TO BE MAINTAINED Intersection of Orchid Island Drive and Highway AIA 351 'Wr 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: Work Order No. 14, Kimley-Horn & Associates, Inc. 43rd Avenue Pedestrian and Bicycle Access Improvements from 12th Street to 18th Street (IRC -1818) DATE: June 14, 2024 DESCRIPTION AND CONDITIONS On April 7, 2020, the Board of County Commissioners approved Work Order No. 52 with Kimley-Horn & Associates, Inc. in the amount of $213,828 to provide survey, geotechnical investigation, sidewalk, drainage and roadway design, as well as permitting services for the proposed roadway & pedestrian improvements to be made to the 43rd Avenue between the 12th Street and 18th Street. Work Order No. 14 with Kimley-Horn & Associates, Inc. is to provide post design, construction phase services as needed in the not to exceed amount of $60,000.00. FUNDING Funding in the amount of $60,000.00 for Work Order No. 14 is available in Account No. 31521441- 066510-22027 - Optional Sales Tax/43rd Avenue Pedestrian & Bicycle Access Improvements/12th Street to 18th Street. RECOMMENDATION Staff recommends approval of Work Order No. 14 to Kimley-Horn & Associates, Inc., authorizing the professional services as outlined in the Scope of Work and requests the Board authorize the Chairman to execute Work Order No. 14 on their behalf for a not to exceed amount of $60,000.00. ATTACHMENTS Work Order No. 14 AGENDA ITEM FOR JULY 2, 2024 C:\GrmicusU.egistar5\L5\Temp\7e5d542a-bbf6-457f-aOf4-3b57b61 d3fdf.doc 352 IRC -1818 43rd Avenue Pedestrian & Bicycle Improvements Project ENGINEERING SERVICES WORK ORDER 14 This Work Order Number 14 is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn & Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: KIMLEY-HORN & BOARD OF COUNTY COMMISSIONERS ASSOCIATES, INC. OF INDIAN RIVER COUNTY By: Print Name: Title: Susan Adams, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: M Deputy Clerk John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 353 EXHIBIT #A 43 d Avenue Pedestrian & Bicycle Improvements Project Post Design Services Project ID IRC -1818 PROJECT UNDERSTANDING The County desires to improve 43rd Avenue between 12th Street and 18th Street to provide bicycle lanes, pedestrian facilities and roadway resurfacing for the approximately 0.69 -mile corridor. To support the construction of these improvements that County has requested the Consultant to provide Construction Phase Services. SCOPE OF SERVICES Task 1- Construction Phase Services The Consultant will provide professional construction phase assistance as specifically stated below: 1. Pre -Bid Meeting. The Consultant will attend the pre-bid meeting to assist the COUNTY in describing the scope of work contained with the construction documents. The Consultant shall provide oral and/or written clarifications to questions presented relative to the scope of work identified within the construction documents. 2. Clarifications and Interpretations. The Consultant will respond to reasonable and appropriate Contractor requests for information and issue necessary clarifications and interpretations of the Contract Documents to the COUNTY as appropriate to the orderly completion of Contractor's work. Any orders authorizing variations from the Contract Documents will be made by the COUNTY. 3. Change Orders. The Consultant may recommend Change Orders to the COUNTY and will review and make recommendations related to Change Orders submitted or proposed by the Contractor, and provide revised plans as requested. 4. Shop Drawings and Samples. The Consultant will review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. Shop drawings, samples or certifications are anticipated to be submitted related to the following: • Roadway elements • Signal elements • Drainage elements • Utility elements • Signing & Marking elements • Communication elements 354 5. Applications for Payment. All applications for payment will be reviewed prior to approval by the COUNTY. 6. Final Notice of Acceptability of the Work. The County will be responsible for project acceptance, as -built drawing review and permit certifications. 7. Limitation of Responsibilities. The Consultant shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. The Consultant shall not have the authority or responsibility to stop the work of any Contractor. 8. Record Drawing Review and Permit Certification. The Consultant will review the Record Drawings as submitted by the Contractor. Based upon receiving acceptable Record Drawings from the Contractor, the Consultant will prepare and submit certifications to the following jurisdictional agencies: e Indian River Farms Water Control District 9. Final Notice of Acceptability of the Work. The Consultant will, promptly after notice from Contractor that it considers the entire Work ready for its intended use, in company with the COUNTY and Contractor, conduct a site visit to determine if the Work is substantially complete. Work will be considered substantially complete following satisfactory completion of all items with the exception of those identified on a final punch list. The Consultant will conduct a final site visit to determine if the completed Work of Contractor is generally in accordance with the Contract Documents and the final punch list so that the PROFESSIONAL may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, the Consultant shall also provide a notice that the Work is generally in accordance with the Contract Documents to the best of the Consultant's knowledge, information, and belief based on the extent of its services and based upon information provided to Consultant upon which it is entitled to rely. 355 SCHEDULE Upon authorization to proceed by the COUNTY, it is anticipated that post design services would be provided during project construction. It is estimated that construction will take eighteen (18) months to substantial completion from Notice to Proceed (NTP) to the selected contractor FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Not to exceed components Task I ahor Fee nts $ 40,000 $ 20,000 .1 I 356 C m CL 150 o� t- in M Y d O cF M LO t LQ o N LO N (Ii O_ r N O O O O) d c LO P O N d 0 O OND M to r O O y O 64 U) r M rd. 6R O a` COO N co (SOD C d O 4) y O ffl y y N 64 N O L CL N N CD O) CO O ` O ,N O °� C N 69 N U) O a` M O N O O O d O CO O O O O d O 69 CO (O v O ua efi c (Y) a If u d d M 3 ayi % m ea v � Y y ro 2 a ~ w m � N u C C y p a 4 (D0 U!0o z, y w o a° 0. C m CL 150 o� t- in M Y E L v � c o E co `o L C O E t 00 o Cy N V V V V N N fA A C O N — O w O a` rc 0 N y— N V N N W w O a` v � d c � o N_ N O V O N O co O) w a Cc `o .o C yT N LnN V N 7 04 y "O' O a` m a a` oa o m � U E C at U) W — y y c O9 c O CLC C O cu _ Y ' N C 3N S—) N O m A E m° > 7 mE ° - c o °' n Ix E .� o m c E m N c U c d o m c o `o c LL — w 3 T.0 O 0 Of A � ` O 10 m 3 m U U i in U m m LLU O dN L Co -OIL a 00 M Y N N O L c 0 E `o r c 0 E L Cy 7 N O N V a�-- N m O N — O w O a` m c 0 N - 00 D M d O IL` v y c O1 w N �O IL` c `o0 C yj N O V N V a0 N V LO N N O CL` m a C N V N N a` w ami E c ayi _m W d d C O OL _ N R d C C 10 ; d 0 C A O F c od E > - C o m � = c ° C c D w 0 N u O d w ; O d N u N U U i O w O U 0cr ) t U aui aui aui Vl d a a C� to M Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: June 7, 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: Work Order 5 to AtkinsRealis USA for Collection System Action Plan IRCDUS Project ID PID 21.24.519) Background: The Indian River County Department of Utilities Services (IRCDUS) owns and operates a wastewater (sewer) collection infrastructure comprising, approximately five -hundred and twenty-nine (529) miles of sanitary sewers (i.e., gravity, force, and vacuum mains), over seven thousand (7,000) manholes, over four -hundred and seventeen (417) lift stations, and one (1) vacuum station fed by two -hundred and forty-nine (249) vacuum collection chambers. Sewer collected throughout the Indian River County service area is treated by four regional wastewater treatment facilities (WWTFs) with a combined permit of 12.017 million gallons per day (MGD) annual average daily flow (AADF). On June 28, 2023, Rule 62-600.705(2) F.A.C. (Rule) became effective. Through this rule, the Florida Department of Environmental Protection (FDEP) requires all domestic wastewater facility permittees to develop a pipe assessment, repair, and replacement action plan for the facility's collection system (referred to as Collection System Action Plan). The goal of this Collection System Action Plan is to prevent sanitary sewer overflows (SSOs) and leakages that may endanger public health and the environment. The Plan requires a proactive approach of assessing the condition of the collection system to identify and plan for needed maintenance, repairs, and rehabilitation of the system. Analysis: This Rule was activated for IRCDUS upon receipt of the Central WWTF permit renewal on May 10, 2024 (effective date). The permit requires the Collection System Action Plan to be completed and submitted within one year of the effective date. IRCDUS desires to engage AtkinsRealis USA (AtkinsRealis) to assist with creating a Collection System Action Plan that meets this Rule's requirements and can be utilized by IRCDUS staff for annual reporting purposes. Upon staff's request, AtkinsRealis provided the attached WO 5 for services associated with the preparation of a Collection System Action Plan in the amount not -to -exceed $155,229.20. 360 Consent Item Funding: Funds, in the amount of $155,229.20, for this project are derived from the Utilities / WW Collection / Other Professional Services / Collection System Action Plan account, number 47126836-033190-24519, in the Utilities operating fund. The Utilities operating fund budget is derived from water and sewer revenues. Description Account Number Amount Utilities / WW Collection / Other Professional Services / 47126836-033190- $155,229.20 Collection System Action Plan 24519 Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve Work Order 5 with AtkinsRealis USA in the amount of $155,229.20 to provide professional engineering services in preparation of the Collection System Action Plan and authorize the Chair to execute the same. So long as there are no changes in the dollar amount under the work order and upon adequate completion of the work set forth in the work order, staff is directed to make final payment and release any retainage to AtkinsRealis USA, after 361 ENGINEERING SERVICES WORK ORDER 05 This Work Order Number 05 is entered into as of this _ day of I , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023 (referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and AtkinsR6alis USA Inc ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B (Rate Schedule) of the Agreement, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: "7" By: Print Name: Chris Rader Title: Vice President Susan Adams, Chairman BCC Approval Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk By: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: William K. DeBraal, County Attorney 362 Afidn5alls Xro I "I. I�e1 INDIAN RIVER COUNTY DEPARTMENT OF UTILITIES SERVICES WORK ORDER NO. 5 Collection System Action Plan Scope of Services IRCDUS PID 21.24.519 Background The Indian River County Department of Utilities Services (COUNTY) owns and operates four sewer service areas: North, West, Central and South. Within these areas there are public facilities, private facilities, and septic systems. The North and Central Service Areas are served by the Central Wastewater Treatment Facility (WWTF). The West and South Service Areas each contain a dedicated WWTF. On June 28, 2023, Rule 62-600.705(2) F.A.C. became effective. This rule requires all domestic wastewater facility permittees to develop a pipe assessment, repair, and replacement action plan for the facility's collection system. The goal of a Collection System Action Plan is to prevent sanitary sewer overflows (SSOs) and leakages that may endanger public health and the environment. The plan requires a proactive approach of assessing the condition of the collection system to identify and plan for needed maintenance, repairs, and rehabilitation of the system. This Rule was activated upon the COUNTY's submission for the Central WWTF permit renewal in Spring of 2024. The COUNTY has commissioned AtkinsRealis (CONSULTANT) to assist the COUNTY with creating a Collection System Action Plan that meets the Rule's requirements and can be utilized by COUNTY staff for annual reporting purposes. Scope of Services This Scope of Services is for technical services associated with the creation of a Collection System Action Plan (Action Plan) and Annual Report Template for the collection/transmission systems in all four service areas under the COUNTY's control. Upon Notice to Proceed, CONSULTANT shall proceed with the following tasks: Task 01 Project Management & Meetings 1.1 General Project Management This task consists of overall management of the PROJECT including contract administration, budget management, invoicing, monthly status reports, and project scheduling and coordination. CONSULTANT shall prepare and submit progress reports 1 363 Exh Collection AtMn (S Collection System Action Plan Scope of Servfees and invoices to the COUNTY, on a monthly basis, to advise and highlight the overall progress and incurred expenses of the PROJECT. 1.2 Kick-off Meeting CONSULTANT will prepare for and attend a full day in-person project kick-off workshop with all associated staff members, including COUNTY engineering and operations staff, to discuss the PROJECT goals and objectives, clarify team roles and assignments, review and establish PROJECT schedule objectives and discuss data requirements and collection needs. An agenda, Microsoft PowerPoint presentation and meeting minutes will be prepared and distributed to all participants. 1.3 Progress Meetings CONSULTANT will attend biweekly virtual progress meetings, up to ten (10) total. Meetings will be combined with Weekly Supplemental Staff meetings when appropriate. Agenda and meeting minutes will be prepared and distributed to all participants. Deliverables: Invoices, Project Status Reports, Meeting Agendas and Minutes. Task 02 Data Collection & Review Once authorized, CONSULTANT will prepare and submit a data request memo to the COUNTY to provide available collection system data such as assessment reports, maps, GIS data, infiltration studies, flow data, maintenance records, ordinances, inventory, odor complaints, project records and Standard Operating Procedures (SOPs) that may be pertinent to execution of the PROJECT. Any information provided by the COUNTY in hardcopy form will be scanned for project use. The hardcopy along with an electronic version will be returned to the COUNTY for their records. CONSULTANT will review available data provided by the COUNTY and identify data and records that may be missing or should be collected in the future for the COUNTY'S benefit. The results of this analysis will be documented in a Missing & Future Data Needs Memo. Deliverables: Data Request Memo. Electronic versions of all hard copy data. Missing & Future Data Needs Memo. Task 03 Collection System Action Plan & Annual Report Template 3.1 FDEP Meetings CONSULTANT will prepare for and attend up to two (2) virtual meetings with FDEP and associated COUNTY staff. Meetings will likely include one kick-off meeting and one progress meeting approximately midway through preparation of the Action Plan. The objective of these meetings is to closely collaborate with FDEP to better understand and meet the new Action Plan requirements. Agendas and meeting minutes will be prepared and distributed to all participants. 2 364 Exhibit A Collection System Action Plan Scope of Services r 3.2 Draft Action Plan CONSULTANT shall prepare a pipe assessment, repair, and replacement action plan in accordance with Rule 62-600.705(2) F.A.C. to demonstrate how the COUNTY will mitigate sanitary sewer overflows and underground pipe leaks to the extent technically and economically feasible. Plan will include a 5 -year outlook for all collection/transmission systems under the COUNTY's control including, but not limited to, gravity sewers, manholes, lift and vacuum stations, force mains and vacuum lines and tanks. 3.2.1 Collection/Transmission System Description, Inventory& Data Action Plan will contain background information, including but not limited to current and projected future flows, population served, management and personnel, assets, and relevant geologic and climatic data. Additional system information including GIS details, overflows, bypasses, odor complaints and corrosion data will also be noted. COUNTY GIS staff will prepare a map and inventory of the system. 3.2.1 Record Keet)in� CONSULTANT will assist COUNTY staff to establish clear recordkeeping procedures for all content associated with the Action Plan. Procedures will be detailed in the Action Plan and shared with the appropriate staff members. 3.2.2 System Inspections/Evaluations Action Plan will include details of recent inflow and infiltration studies and leakage surveys conducted on the system. Details of historic evaluations will be included where available and appropriate. CONSULTANT will document the COUNTY's current standard procedures for completing system inspections, evaluating results and identifying areas of improvement and projects to be completed. Procedures will be evaluated based on industry best practices and any potential improvements, if noted, will be presented to the COUNTY for consideration. CONSULTANT will assist COUNTY staff with preparing an inspection schedule. 3.2.3 Ada>}tiive Maintenance & Repair Plans Action Plan will summarize general programs and protocols regarding routine maintenance, cleaning activities and emergency repairs. CONSULTANT will review and update up to 15 SOPS associated with routine maintenance, cleaning activities and emergency repairs of the collection/transmission system. Procedures will be evaluated based on industry best practices and improvements will be recommended, as needed. Associated capital improvement and R&R projects identified within this Action Plan, in the current Capital Improvement Plan along with the current Master Plan will be listed. 3.2.4 Sewer Programs CONSULTANT will review and describe COUNTY's current fats, oils and grease (FOG) program, root control program and any other program in place to limit the presence of debris and blockages in the collection/transmission system. Programs will be 3 365 ExhibitA Collection System Action Plan Scope ofSerWces evaluated based on industry best practices and improvements will be recommended, as needed. 3.2.5 Individual Service Connections & Sanitary Sewer Laterals CONSULTANT will review and describe COUNTY's current sewer ordinances and/or programs associated with minimizing inflow and infiltration from sanitary sewer laterals. 3.2.6 Satellite Systems Action Plan will include details on all satellite collection systems connected to the COUNTY's collection system. 3.2.7 Resiliency Action Plan will describe the resiliency of the system, in respect to sea -level rise, based on previously completed evaluations. All flood mitigation and stormwater control actions associated with reducing the potential for inflow and infiltration into the collection/transmission system, both completed and planned, will be identified, and documented. 3.3 Draft Annual Report Template & Guidance Document CONSULTANT will prepare a Report Template for the COUNTY's use to meet the required annual reporting under Rule 62-600.705(2) F.A.C. The template will seek to summarize the Action Plan's implementation over the previous year including facility revenues, expenditures, expansions, repairs, and assessments conducted. A Guidance Document will be created to provide the user detailed steps on how to complete the Annual Report. This will help ensure consistency of use and allow the Report to easily be assigned to different employees, as needed. 3.4 Review Meeting CONSULTANT will prepare for and conduct an in-person Review Meeting with COUNTY staff to discuss and understand comments associated with the Draft Action Plan. CONSULTANT will summarize the comments received during the Draft Action Plan Review Meeting along with the actions for incorporating or resolving the comments received. 3.5 Final Action Plan CONSULTANT will incorporate comments as summarized from the Review Meeting into a Final Action Plan. Final Action Plan will be certified by a professional engineer registered in the State of Florida. Up to three (3) hardcopies along with a digital copy will be submitted to the COUNTY. 3.6 Final Annual Report Template & Guidance Document CONSULTANT will incorporate comments as summarized from the Review Meeting into a Final Report Template and Guidance Document. Up to three (3) hardcopies along with a digital copy will be submitted to the COUNTY. Deliverables: FDEP Meeting Agendas & Minutes. Draft Action Plan. Draft Annual Report Template & Guidance Document. Review Meeting Agenda and 4 366 ExhibitA Collection System Action Plan Scope of Services. Meeting Minutes. Comment Matrix. Final Action Plan, Final Annual Report Template & Guidance Document Task 04 Requests for Information (RFI) CONSULTANT will consider written questions from FDEP related to the PROJECT and prepare all responses and addenda as required to interpret, clarify, or expand the Final Action Plan. CONSULTANT will submit addenda to the COUNTY in a timely manner. Deliverables: RFI Responses, Action Plan Addenda and Annual Report Template & Guidance Document (if needed). Task 05 Expenses Expenses include cost of staff travel and meals for in-person meetings in addition to final prints. Deliverables Task Deliverable 1.0 Pro'ectAdministration - Invoices and Project Status Reports Meeting Agendas and Minutes 2.0 Data Collection & Review Data Request Memo Electronic versions of all hard copy data Missing & Future Data Needs Memo - 3.0 Collection S stem Action Plan & Annual Report. Template FDEP Meeting Agendas & Minutes Draft Action Pian Draft Report Template & Guidance Document Review MeetingAgenda and Minutes AS { Comment Matrix Final Action Plan Final Report Template & Guidance Document 4.0 RequestsLforinformation RFI Responses, Action Pian Addenda; Annual Report Template & Guidance . Document (as needed) 5 367 ExhibitA Collection System Action Plan Scope of Services Quality Control CONSULTANT will be responsible for the professional quality of all deliverables. This shall include an internal Quality Assurance Plan that, as a minimum, provides review of all deliverables and significant calculations by qualified professionals who are not responsible for project execution. Schedule The anticipated schedule shown below is based on the weeks after the formal issuance of the signed Work Order and a Notice to Proceed (NTP) by the COUNTY. The COUNTY's deadline to submit the Action Plan to FDEP is 1 -year from effective date of permit. The effective date of permit is May 10, 2024. Task Duration from NTP Project Kick -Off Meeting 4 weeks Data Collection and Review 6 weeks Draft Action Plan & Report Template 32 weeks Draft Action Plan Review Meeting 35 weeks Final Action Plan &Report Template 38 weeks FDEP Review & RFIs TBD Assumptions The following assumptions have been made in the development of this scope of work, schedule, and fee. • Design efforts are not needed for this PROJECT. • Start date of 1 -year Action Plan deadline begins May 10, 2024. • The project will comply with all federal, state, and local codes in effect when NTP is given. • Data requested under Task 02 is available and will be furnished to CONSULTANT within two weeks of request. • Attendees of the Kick-off and Review meetings are designated as decision makers. • Oliver and Erika will charge their travel and expenses for the Kickoff and Review Meetings to Work Order 3 Supplemental Staff. In the event that either of these rileetings become a stand alone meeting and are not accompanied by a standard 3-4 day in -office visit for Supplemental Staff work then all costs will be charged to this work order. • CONSULTANT will sign and seal Final Action Plan. • COUNTY already performs evaluations on at least 5% of the system each year using one of the approved methods. D 368 ExhibitA Collection System Action Plan Scope of Services • COUNTY has recently performed inflow/infiltration studies and/or leakage surveys and can provide documentation on the details and results of these studies and studies historically completed. • COUNTY has a FOG program in place at the time of this scope approval. • COUNTY has a root control program in place at the time of this scope approval. • COUNTY has an established and thorough GIS system that identifies collection/transmission system components and their attributes. This system can produce a map and inventory of the collection/transmission system. • All additional work to complete a full inventory of the collection/transmission system within GIS will be performed by COUNTY staff. • CONSULTANT will not be summarizing results of all recent and historical CCTV data but rather using the most recent data to assist COUNTY staff with setting up a system of evaluating this data and recommending improvements where needed. • COUNTY has an established Maintenance System (Cartegraph) used to schedule and track maintenance work orders and records. This system is used regularly and in good standing. • COUNTY is contracting an Engineer to complete a Master Plan that includes wastewater and collections systems along with a resiliency evaluation. The Action Plan may refer to work to be completed in the Master Plan. Exclusions The following items are not included in the scope of this project: • Permitting services • Preparation of bidding documents • Bidding services • Construction services • Survey services • Preparation of Record Drawings • GIS services & data input • Public Meetings • Resiliency evaluation 7 369 ExhibitA Collection System Action Plan Scope of Services CrAMUR"Is. Compensation CONSULTANT proposes to perform the work on a Lump Sum basis with budgets between the sub - tasks and expenses being interchangeable upon approval by the COUNTY. The estimated total engineering fee including labor and expenses associated with the scope of work is $155,229.20 as summarized in the table below and presented in detail in Exhibit B. Task No. Task - Fee 1 Project Management & Meetings $ 34,010.00 2 Data Collection & Review. $ 12,456.00 3 Action Plan & Annual Report Template $ 101,8365:00 4 Requests for Information $ 5,336.W 5 Expenses $ 1,562.20 Total Fee $155,229.20 11 370 AtkinsRealis Cost Detail 371 80 a Ln rq uLO1 U3 ren w eq .. .. N a? Vf N N N d LL . .. N N CS VN N in - N - .. .. C Q L R Y C 7 a t4 44 44 . N lip M ' 10 N Ln N VN1 N .. it AwAam ad N i now'KLn '4 J.PdpqW~ kD- ..' N C OL )Wd) II i—Itu3 00 rOn v H N O '.. ho d .. t1 � e7J c `o EcL bo Ln m ° E c a ww CL uYi 3LO :Y O O Exhibit 2 - Standard Rates ATKIN� Atkins North America, Inc 482 South Keller Road Orlando, Florida 32810-6101 Telephone: +1.407.647.7275 www.atkinsgiobal.com/northamerica Subject: Indian River County Continuing Engineering Services RFQ 2023015 As requested, the following is our information regarding proposed hourly rates for the subject contract. These hourly billing rates will remain effective for the initial duration of this Agreement, and may be renegotiated should an additional renewal period be exercised. LabQr CateaM r. Project Manager 260:00 Project Manager $226.00 Principal Technical Professsional $290.00 Sir Engineer IV $260.00 ,Sr Engineer IU' $208=00 r Engineer H. $178.00 r En ineerl. $154.00 Engineer IY $131.00 En ineer 1 $125.00 En ineerintem $95.00 Chief Designer ::.: $196.0 r Desi ner II $166.0 r Designer 1 $154.0 AI Technician II $113.0 r. GIS Analyst 10 $172.0 IS Analyst $143.0 r. Landscape Architect IV $238.0 r. Landscape Architect III $172.0 Landscape Architect $83.0 Construction Estimation/Schedulin $184.0 Chief Scientist .$249.0 Sr. Scientist II 184.0 Sr. Scientist 1 $148.0 i n i II $113.0 Scientist 1 $101.0 Administrative Assistant $95.0 J* Representative titles only - not intended to capture all titles necessary for assignments. AtkinsRealis EXHIBIT C Time Schedule 374 AtkinsRealis Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: June 14, 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, EI, Associate Engineer Subject: West Wabasso Phase 3 Septic to Sewer (S2S) FDEP Cost -Share Funding Agreement (DEP Agreement No. WG001) Revision to Change Order No.1 IRCDUS Project ID 21.21.512 Descriptions and Conditions: The Indian River County Department of Utility Services (IRCDUS) is undertaking a multi -phase Septic to Sewer (S2S) program to convert residential and commercial properties on septic systems to connect with the IRCDUS sewer network. West Wabasso Septic -to -Sewer (S2S) Phases 3A and 3B are current projects in this S2S program. West Wabasso S2S Phase 3A (Phase 3A) involves installing centralized sewer to approximately 14 properties on 61S` Drive. West Wabasso S2S Phase 3B (Phase 3B) involves installing centralized sewer to approximately 17 properties on 591h Avenue and 581h Court. The County completed installation of public -side infrastructure in Phase 3B and is undergoing private -side connections. Phase 3A is undergoing installation of the public -side infrastructure. The private -side connections are anticipated to begin sometime after July 2024. Each of the two phases involves installation of a lift station. A lift station is a pumping station that transports wastewater from a lower elevation to a higher elevation. On April 6, 2021, the Board of County Commissioners (BCC) approved the Saint Johns River Water Management District (SJRWMD) grant for 77% of eligible costs (Contract No. 36526) but not -to -exceed $1,250,000.00. On March 28, 2023, the BCC approved a Florida Department of Environmental Protection (FDEP) Water Protection grant (WG001) for West Wabasso Phase 3 Septic to Sewer project worth a maximum $1,568,492.00 with a 50% match requirement. On March 5, 2024, the BCC approved Amendment No. 3 to Contract No. 36526 (SJRWMD), granting a time extension until January 31, 2025. Then on March 19, 2024, the BCC approved Change Order No.1 to WG001. After the BCC approved Change Order No.1 to WG001, FDEP notified the County that their grant document terminology and format has changed and will remove deliverables in the land acquisition section from the Grant Work Plan to relieve the County of these requirements. As such, FDEP did not execute the original Change Order No.1 to WG001 approved by the BCC, and instead provided the 376 Consent Item attached Revision to Change Order No.1 for WG001 that incorporates these changes. The Revision to Change Order No.1 to WG001 also includes a time extension to submit deliverables required for grant reimbursement. Analysis: The Revision to Change Order No.1 to FDEP Agreement WG001, benefits IRCDUS, as it relieves the County of certain requirements under the agreement and provides additional time for grant reimbursements. The revisions add no cost to the project. Funding: No funding is required for this item. Recommendation: Staff recommends the Indian River County Board of County Commissioners approve the Revision to Change Order No.1 to Florida Department of Environmental Protection Agreement WG001 and authorize the Director for the Department of Utility Services or designee to sign the Revision to Change Order No.1, in lieu of the previously approved Change Order No.1, and all necessary documents to effectuate the changes to the grant Agreement WG001. Attachments: DEP AGREEMENT NO. WG001— Revision to Change Order No.1 377 DEP AGREEMENT NO. WG001 CHANGE ORDER NO.1 GRANTEE: Indian River County PROJECT TITLE: West Wabasso Phase 3 Septic to Sewer Conversion DEP Agreement No. WG001 (Agreement) entered into on April 11, 2023 is hereby revised as follows: WHEREAS, the Grantee has requested an update to the Grant Work Plan. WHEREAS, the Grantee has requested a change in task timelines within the Agreement period. NOW THEREFORE, the parties agree as follows: 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. 2. All other terms and conditions of the Agreement shall remain unchanged. The parties agree to the terms and conditions of this Change Order and have duly authorized their respective representatives to sign it on the dates indicated below. INDIAN RIVER COUNTY LIM Sean Lieske, Utilities Services Director Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION LE Mitch Holmes, Environmental Administrator Date: Michelle Ramirez, DEP Grant Manager DEP Agreement No. WG001, Change Order No. 1, Page 1 of 1 378 ATTACHMENT 3-1 REVISED GRANT WORK PLAN PROJECT TITLE: West Wabasso Phase 3 Septic to Sewer Conversion PROJECT LOCATION: The project will be located in Vero Beach, FL within Indian River County; Lat/Long (27.7477, -80.4504). See Figure 1 for a site map. PROJECT BACKGROUND: West Wabasso Phase 3 is a community of approximately 61 lots consisting of substandard septic systems and is a financially challenged area within Indian River County (Grantee). The septic to sewer conversion will route the wastewater from this community to a county system for collection and treatment at a regional wastewater facility that is operated by Indian River County Department of Utility Services. The conversion will reduce the nutrient loading, improve water quality, and promote seagrass growth in the Indian River Lagoon. This community has been identified as having increased health risks and potential groundwater contamination from aging on-site treatment disposal systems. This project will benefit the health and well-being of residents and the Indian River Lagoon. PROJECT DESCRIPTION: The project is a continuation from Phase I (completed in 2013) and Phase R (completed in 2019). The Grantee will construct the West Wabasso Phase 3 conversion with the installation of approximately 15 manholes, 2 lift stations, 1425 linear feet of sanitary force main pipe, and 2654 linear feet of gravity sewer. Approximately 63 stub -outs will be installed to provide connections to current and future homes. The project area consists of two sites known as Phase 3A and Phase 3B that together comprise Phase 3. Phase 3 will consist of the following locations: 1. Phase 3A: Along 61st Drive from CR -510 to the north end of the road. Lat/Long (27.7504,-80.4531). 2. Phase 3B: Along 58th Court and 59th Avenue, south of 85th Street (CR -510) to the end of the road. Lat/Long (27.7486, -80.4463). TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Preconstruction Activities Deliverables: The Grantee will complete the design of the West Wabasso Phase 3 Septic to Sewer Conversion and obtain all necessary permits for construction of the project. The Grantee will also perform engineering design services that will include subsurface investigations of the project area and a sanitary sewer lift station design report for Phase 3A. Documentation: The Grantee will submit: 1) subsurface investigation reports; 2) a sanitary sewer lift station design report for Phase 3A; 3) a signed acceptance of the completed work to date, as provided in the Grantee's Certification of Payment Request; and 4) a summary of preconstruction activities to date, indicating the percentage of design completion for the time period covered in the payment request. For the 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. DEP Agreement No. WG001, Attachment 3-1, Page 1 of 4 379 Task 2: Land Acauisition Deliverables: The Grantee will acquire fee simple interest on properties within 8685 61st Drive, Vero Beach, FL 32967 (Lot 15) and 8695 61st Drive, Vero Beach, FL 32967 (Lot 16) for Phase 3A. Costs related to pre-acquisition and acquisition will be reimbursable. The property interests will be held by the Grantee. Documentation: The Grantee will submit: 1) copies of all appraisals; 2) the closing statement or all closing documents; 3) boundary map; and 4) the deed, recorded easement, or property interest. 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 at the conclusion of the task. Task 3: Construction Deliverables: The Grantee will construct the West Wabasso Phase 3 Septic to Sewer Conversion in accordance with the construction contract documents. The Grantee will submit through the Department's GIS web -interface data collection tool, parcel -level data identifying collection system extensions; lift stations and other infrastructure associated with the grant; and both the parcels connected to sewer and the parcels where sewer has been made available for connection but not yet connected along with associated grant information. 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 signed Engineer's Certification of Payment Request; and 3) an email from the Department's GIS web -interface data collection tool, confirming that data for the project has been submitted. 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. DEP Agreement No. WG001, Attachment 3-1, Page 2 of 4 380 PROJECT TIMELINE & 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. Match funding shall be provided at minimum in the categories indicated below. Task Task Title Budget Grant Match Task Start Task End No. Category Amount Amount Date Date I Preconstruction Contractual $57,125.00 $57,125.00 07/01/2021 01/31/2025 Activities Services 2 Land Acquisition Land $11,109.31 $11,109.31 07/01/2021 12/31/2024 (Phase 3A) Acquisition 3 Construction Contractual $1,500,257.69 $1,500,257.69 07/01/2021 12/31/2025 Services Total: $1,568,492.00 $1,568,492.00 REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. WG001, Attachment 3-1, Page 3 of 4 381 Pzy"-�•$ lr 'or � 4 , ' AAA& � 4 , ' CONSENT: 7/2/2024 FAB „?Ofice of `INDIAN RIVER COUNTY ATTORNEY William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: William K. DeBraal - County Attorney DATE: June 27, 2024 RE: Resolution Delegating the Authority to the County Administrator or his Designee to Call Letters of Credit and to Act on Behalf of Indian River County during the Time Frame of July 11, 2024, through and including August 19, 2024 The Indian River County Board of County Commissioners has no regularly scheduled meetings during the time frame of July 11, 2024, through and including August 19, 2024. During this interval, it is necessary and desirable that the Board delegate to the County Administrator, or his designee, the authority to call Letters of Credit that may expire during this time interval. Further, it is necessary and desirable that the Board delegate to the County Administrator, or his designee the authority to execute all other documents necessary for the proper functioning of the County. Funding: There is no expense associated with this item. Requested Action: Authorize the Chairman to sign the Resolution as presented, delegating the authority to call Letters of Credit and delegating full signing authority during the period commencing July 11, 2024, through and including August 19, 2024. Attachment Proposed Resolution 8130 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO CALL LETTERS OF CREDIT AS NECESSARY DURING THE PERIOD COMMENCING JULY 11, 2024, THROUGH AND INCLUDING AUGUST 19, 2024, AND FURTHER DELEGATING TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, THE AUTHORITY TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE PROPER FUNCTIONING OF THE COUNTY DURING SUCH PERIOD. WHEREAS, there are no regularly scheduled Indian River County Board of County Commissioner ("Board") meetings during the period commencing July 11, 2024, through and including August 19, 2024; WHEREAS, Section 101.05.1.q of the Indian River County Code of Ordinances allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board; WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board declaring default or failure to post alternate security; WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board to call letters of credit; WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, the Indian River County Code of Ordinances, and Indian River County resolutions, to the County Administrator or his designee; and WHEREAS, pursuant to Resolution No. 2022-94 and section 101.10(1) of the Indian River County Code of Ordinances, the Board delegated to the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(5)(2021); and (ii) pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes section 252.34 (2) and (4) respectively] exists in Indian River County, to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during the period of the declared emergency, and such delegation in Resolution No. 2022-94 remains in full force and effect; and WHEREAS, pursuant to Resolution No. 2022-93, the Board delegated to the Indian River County Administrator or his designee, the authority to execute resolutions on behalf of the Board to call letters of credit which might expire or otherwise require action to be taken during the period of a declared state of local emergency or declared State of Florida emergency affecting Indian River County, and such delegation in Resolution No. 2022-93 remains in full force and effect. 384 RESOLUTION NO. 2024 - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Indian River County Board of County Commissioners ("Board") to call letters of credit which might expire or otherwise require action to be taken during the period commencing July 11, 2024, through and including August 19, 2024. Any resolutions executed by the County Administrator or his designee, to call letters of credit during the period commencing July 11, 2024, through and including August 19, 2024, are to be accompanied by a copy of this Resolution. 2. The County Administrator, or his designee, is hereby authorized to execute all documents necessary for the proper functioning of the County, which may arise during the period commencing July 11, 2024, through and including August 19, 2024, provided that all such documents signed during such interval are brought to the Board for ratification. 3. The Effective Date of this Resolution is July 2, 2024, and this Resolution shall expire without further action of this Board at the close of business on August 19, 2024. This 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: 2024. Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph E. Earman, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner The Chairman thereupon declared this Resolution duly passed and adopted this 2nd day of July, INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS ATTEST: Ryan L. Butler, Clerk of Court By: and Comptroller 0 Deputy Clerk Approved as to form and legal sufficiency: M William K. DeBraal, County Attorney Susan Admas, Chairman 385 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM To: Board of County Commissioners Through: John A. Titkanich, Jr. County Administrator Prepared By: Mark Vietze MPO Planner Date: June 26, 2024 Subject: FY 2024 Grant Application for Capital and Operating Assistance (Section 5307) and Bus Replacement (Section 5339) from the Federal Transit Administration It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of July 2, 2024. DESCRIPTION & CONDITIONS The Federal Transit Administration's (FTA) Section 5307 (Urban Area Formula Grant) program provides funding assistance for capital and operating costs associated with Indian River County's public transportation system. The GoLine (fixed route) and the Community Coach (demand response) transit services are operated by the Senior Resource Association (SRA) under contract with the county. Indian River County also receives capital funding assistance through FTA's Section 5339 (Bus and Bus Facilities) program, which is used for the purchase of replacement buses. Together, the Section 5307 and 5339 programs cover nearly all the capital expenses associated with the GoLine and Community Coach. In addition, the Section 5307 program covers approximately half of the operating costs of the public transportation system, with the remainder covered by Florida Department of Transportation (FDOT) grants and local funds. ANALYSIS According to federal regulations, Section 5307 program grants may be used for the planning, acquisition, construction, improvement, and operating costs of facilities, equipment, and associated capital maintenance items used in public transportation. Operating expenses require a 50% nonfederal match, which is provided through a combination of local funds and FDOT public transportation grant funds. C:\Granicus\Legistar5\L5\Temp\4eWec1-cc2c-4548-acda-Oa 7a8bfb9a85.docx 1 386 For capital expenses, FDOT toll revenue credits are used as a 20% nonfederal soft match (which effectively provides for 100% federal funding of capital expenses). The use of a soft match eliminates the need for the County to provide a cash outlay for capital expenses. Attached to this report are copies of the County's proposed grant application for the Section 5307 and Section 5339 programs. As required by Federal Transit Administration (FTA) regulations, the grant application was prepared using FTA's Transit Award Management System (TrAMS) software. For the combined FTA Section 5307/5339 application for FY 2024 (Attachment #1), the total proposed budget amount is $9,200,000. Of that amount, the federal portion is $7,200,000 which consists of $5,200,000 in capital expenditures and $2,000,000 in operating expenditures. For the nonfederal share of capital expenditures ($1,300,000), the County will use toll revenue credits as a soft match. For the nonfederal share of operating expenditures (50%), FDOT the match will consist of $1,000,000 in FDOT grants and $1,000,000 from Indian River County. In this case, the County's contribution consists of previously approved general fund monies budgeted specifically for this purpose. According to federal grant requirements, the designated recipient (Indian River County) must hold a public hearingto obtain the views of citizens on the proposed grant application. In keeping with that requirement, staff has published a notice of the public hearing. As a necessary prerequisite for submittal of the application, the MPO has included the proposed Section 5307/5339 funding in its FY 2025-2029 Transportation Improvement Program (TIP). The proposed grant application is also consistent with the MPO's adopted ten-year Transit Development Plan and 2045 Long Range Transportation Plan. To apply for the FTA funds, the Board of County Commissioners must adopt the attached resolution (Attachment #2), authorizing staff to submit the attached grant application. The resolution has been reviewed and approved by the County Attorney's Office. FUNDING For the local share of the nonfederal match, funding in the amount of $1,000,000 will be budgeted and available in the General Fund / Community Transportation Coordinator account (Account Number 00111041-088230-54001). These funds are part of an allocation given to the Senior Resource Association to provide transit service in the county. A portion of these funds will be used in FY 2024, with the remainder being used in FY 2025. RECOMMENDATION Staff recommends that the Board of County Commissioners adopt the resolution authorizing the filing of the FY 2024 grant application for the Section 5307 and Section 5339 programs. C:\Granicus\Legistar5\L5\Temp\4eWec1-cc2c-4548-acda-Oa 7a8bfb9a85.docx 2 387 ATTACHMENTS 1. Application for Section 5307/ 5339 Public Transportation Capital and Operating Assistance 2. Resolution Authorizing the Filing of Application for Grant Funding Assistance from the Federal Transit Administration 3. Grant Budget Form C:\Granicus\Legistar5\L5\Temp\4e06fec1-cc2c-4548-acda-Oa 7a8bfb9a85.docx 3 388 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE FILING OF APPLICATIONS FOR GRANT FUNDING ASSISTANCE FROM THE FEDERAL TRANSIT ADMINISTRATION. WHEREAS, the Federal Transit Administration (FTA) is authorized to award Section 5307 and Section 5339 grant funds for the implementation of a public transportation program of projects; WHEREAS, Indian River County and the Senior Resource Association utilize FTA Section 5307 and Section 5339 funds to provide needed public transportation services within the County; and WHEREAS, in applying for FTA Section 5307 and Section 5339 funds, Indian River County and the Senior Resource Association will comply with all applicable federal regulations and requirements associated with the Section 5307 and Section 5339 programs. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Planning and Development Services Director or his designee is authorized to file applications on behalf of Indian River County with the Federal Transit Administration to finance and implement the capital and operating program of projects specified in the County's FY 2024 grant application under 49 USC Chapter 53, Section 5307 and 49 USC Chapter 53, Section 5339. 2. That the Chairman of the Indian River County Board of County Commissioners, the County Attorney, and/or Planning and Development Services Director are authorized to execute, and the Planning and Development Services Director is authorized to file with such application, an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. That the Planning and Development Services Director or his designee is authorized to execute grant agreements with the U.S. Department of Transportation to finance and implement the program of projects specified in the County's FY 2024 grant application under 49 USC Chapter 53, Section 5307 and 49 USC Chapter 53, Section 5339. 4. That the County Administrator is authorized to set forth and execute necessary Disadvantaged Business Enterprise (DBE) policies in connection with such application as specified in the County's adopted DBE plan and in accordance with the federal requirements of 49 CFR Part 26. 5. That the Planning and Development Services Director or his designee is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the County's FY 2024 grant application under 49 USC Chapter 53, Section 5307 and 49 USC Chapter 53, Section 5339. C:\Granicus\Legistar5\L5\Temp\76783b57-266b-4846-bed7-66tbe71836cb.docx Page 1 M9 RESOLUTION NO. 2024 - THIS RESOLUTION was moved for adoption by the motion was seconded by was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss and and, upon being put to a vote, the vote The Chairman thereupon declared the Resolution duly passed and adopted this 2nd day of July, 2024. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: Susan J. Prado Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Susan Adams, Chairman C:\Granicus\Legistar5\L5\Temp\76783b57-266b4846-bed7-66fbe71836cb.docx Page 2 _"® sru U.S. Department of Transportation Application FTA Federal Transit Administration Federal Award Identification Number 5630-2024-1 (FAIN) Temporary Application Number ` 5630-2024 Award Name 5307/5339 Capital and Operating Supergrant; Sebastian -Vero Beach UZA Application Status In -Progress Application Budget Number 0 Period of Performance Start Date N/A Original Period of Performance End Date z 9/30/2029 Current Period of Performance End Dab 9/30/2029 Revision: 0 :Approved?: No Part 1: Recipient Information Name: INDIAN RIVER, COUNTY OF Recipient Recipient Recipient Alias UEI DUNS ID OST Type 5630 County INDIAN RIVER COUNTY BOARD FB3SLJJZ38K9 079208989 Agency OF COUNTY COMMISSIONERS Location Type Address City State Zip Headquarters 1800 27TH St Bldg B Vero Beach Physical Address W` 1801 27TH ST VERO BEACH Mailing Address 180127TH STREET VERO BEACH Union Information There are no union contacts for this application Part 2: Application Information FL 32960 FL 32960 FL 32960 391 Title: 5307/5339 Capital and Operating Supergrant; Sebastian -Vero Beach UZA FAIN Application Award Application Cost Date Last Updated From Status Type Center Created Date TEAM? 5630- In -Progress Grant Region 4 5/29/2024 5/29/2024 No 2024-1 Application Executive Summary Frequency of Milestone Progress Reports (MPR) No Selection Made Frequency of Federal Financial Reports (FFR) No Selection Made Does this application include funds for research and/or development activities? This award does not include research and development activities. Pre -Award Authority This award is using Pre -Award Authority. Does this application include suballocation funds? Recipient organization is the Designated Recipient and can apply for and receive these apportioned funds. Will this Grant be using Lapsing Funds? No Selection Made Will indirect costs be applied to this application? This award does not include an indirect cost rate. Indirect Rate Details: N/A Requires E.O. 12372 Review No, this application does not require E.O. 12372 Review. Delinquent Federal Debt No, my organization does not have delinquent federal debt. Award Description Purpose The purpose of this combined FY 2024 FTA section 5307/5339 supergrant is to provide capital assistance, operating assistance, ADA-paratransit operating assistance, and preventive maintenance for public transportation in Indian River County, which consists of the GoLine fixed -route system and the Community Coach demand -response service. Activities to be performed: The activities will replace vehicles and equipment that have exceeded useful life requirements, construct bus station improvements at the North County Hub, and perform monthly service and repairs for all vehicles. The activities are necessary to maintain a reliable public transportation system. Indian River County will ensure that all vehicles purchased are accessible, purchased from an FTA approved TVM, and reported to FTA within 30 days after contract is signed. Expected outcomes: Funding will permit Indian River County to continue to provide safe and reliable public transportation service. Intended beneficiaries: Most riders are dependent on the GoLine and Community Coach to get to employment, school, medical, shopping, and tourism -related destinations. 392 Subrecipient Activities: None Application Point of Contact Information First Name Last Name Title E-mail Address Phone Mark Vietze Planner mvietze@ircgov.com (772) 226-1222 Application Budget Control Totals Funding Source Section of CFDA Amount Statute Number. 5307 - Urbanized Area Formula Grants (2013 and 5307-2A 20507 $4,822,000 forward) 5339 — Buses and Bus Facilities Formula' $2,378,000 Local $1,000,000 Local/In-Kind $0 State $1,000,000 State/In-Kind .... $0 , Other Federal $0 Transportation Development Credit �i p P $1,300,000 Adjustment $0 Total Eligible Cost $9,200,000 Application Budget 5630- ACQUIRE - 2024-1-P1 11.42.02 MAINTENANCE $1,000,000.00 $0.00 $1,000,000.00 1 FACILITY ACQUIRE - 5630- 11.42.09 MOBILE SURV/ $72,000.00 $0.00 $72,000.00 0 2024-1-P1 SECURITY EQUIP CAPITAL ITEMS 1L7, $850,000.00'x' 850,000.00 $0.00 $850,000.00 5630- 11.7A.00 PREVENTIVE $700,000.00 $0.00 $700,000.00 0 2024-1-P1 MAINTENANCE 5630- EMPLOYEE 2024-1-P1 11.7D.02 EDUCATION/ $150,000.00 $0.00 $150,000.00 0 TRAINING 119- 5630- 00 Bus Associated Transit lip, 2024-1-P1 (119- Improvements $500,000.00 $0.00 $500,000.00 n 4 PURCHASE 5630- 11.92.02 BUS $500,000.00 $000 $SW,000.00 0 2024-1-P1 SHELTERS 111PON Pon lor - 5630- 00 BUS - ROLLING STOCK $2,378,000.00 $0.00 $2,378,000. 2024-1-P2 (111- .4 lea 5630- BUY 2024-1-P2 11.12.03 REPLACEMENT $2,378,000.00 $0.00 $2,378,000.00 0 30 -FT BUS OTHER CAPITAL ITEM $400,000.00 $0.00 $400,000.00 (BUS) r n NON FIXED 5630- 11.7C.00 ROUTE ADA $400,000.00 $0.00 $400,000.00 2024-1-P3 PARATRANSIT SERVICE 30010 5630= 00 OPERATING $2,000,000.00 $2,000,000.00 $4,000,000. 2024-1-P3 (300- ASSISTANCE1 5630- UP TO 50% 2024-1-P3 30.09.01 FEDERAL $2,000,000.00 $2,000,000.00 $4,000,000.00 SHARE 394 GRANT NAME: 49 USC,Ch. 53 Sec. 5307/5339 FTA Grant (Operating and Capital) GRANT #: 5630-2024-1 AMOUNT OF Section 5307 and 5339) DEPARTMENT RECEIVING GRANT: Planning and Development Services (pass through to Senior Resource Association) CONTACT PERSON: Mark Vietze PHONE #: (772) 226-1222 1. How long is the grant for? One Year Starting Date: October 1, 2023 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of grant to match: 50% (applies to operating component only Retirement Contributions 5. Grant match amount required: $2,000,000 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Worker's Compensation Local match consists of $1,00,000 County match already budgeted in general funds and $1,000,000 in FDOT grant Soc. Sec. Medicare Matching funds TOTAL 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? $ (Attach a detailed listing of costs.) $0 (Capital portion also being applied for) $ 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) $ Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages PT 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? 1,000,000 395 Grant Amount Other Matching Costs Match Total First Year $7,200,000 $ $1,000,000 in local funds & $1,000,000 in FDOT grants $9,200,000 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 395 Transit Public Public Transportation Partnership Local AgenciOs Funding Support «; Federal Transit Administration qu meq.._.. ,. 1,400,000 1,200,000....N 1,000,000 800,000 600,000 400,000 200,000 N N N N N N N N N N N N N N N N N N N N N Weekday Hours Recently Extended Added two new hours of evening service on Mon -Fri 7:00 - 9:00 pm Funding assistance from FDOT During first 35 days of new service. 7,797 riders during 7 pm - 9 pm Ridership also increased from 5 pm - 7 pm by 40% OPERATING EXPENSE PER PASSENGER TRIP (2022) INDIAN RIVER COUNTY (GOLINE) $3.10 GAINESVILLE REGIONAL TRANSIT SYSTEM r++++++++++ $5.99 SPACE COAST AREA TRANSIT$6.63 LYNX TRANSIT $7.30 ST. LUCIE COUNTY (AREA REGIONAL TRANSIT) •..-- -- —P++. $7.45 BROWARD COUNTY TRANSIT = $7.53 VOLUSIA COUNTY DBA VOTRAN $7.77 HILLSBOROUGH AREA REGIONAL TRANSIT $$.52 MANATEE COUNTY AREA TRANSIT+=•-y»>+++++:N $$71 STARMETRO (TALLAHASSEE) $9.21 LEE COUNTY TRANSIT $9.40 BREEZE TRANSIT (SARASOTA COUNTY) $9.80 PINELLAS SUNCOAST TRANSIT AUTHORii $10.03 MIAMI=DADE TRANSIT +++++:+ter+.+.+..r $1011 PALM BEACH COUNTY (PALM TRAN) $11.65 COLLIER AREA TRANSIT $11.88 BAYWAY TRANSIT (BAY COUNTY) $11.95 ESCAMBIA COUNTY AREA TRANSIT $12.74 ST. JOHNS COUNTY (SUNSHINE BUS)* $14.24 PASCO COUNTY PUBLIC TRANSP. (GOPASCO) $14.47 SUNTRAN (OCALA) $17.01 LAKE COUNTY PUBLIC TRANSP.'(LAKEXPRESS) $17.90 JACKSONVILLE TRANSPORTATION AUTHORITY $1$80 HERNANDO COUNTY (TRANSHERNANDO EXPRESS)* •+ <++++++••+• . - ++• - • <+rte $20.94 LAKELAND AREA MASS TRANSIT DISTRICT $21.28 OKALOOSA COUNTY TRANSIT (THE WAVE) $25.23 �;: MARTIN COUNTY.(MARTY' .,•-.,.- .. ,.,,�++„:++++��+++.+++E++�. $29.80 T CITRUS COUNTY TRANSIT' ��-- ••,-.++��+++++�+i+��o.rorosnr+tior+io $38.14 +, goro azo.w $2.5.00 830.00 835.00 y.ao.00 $45.00 Section 5307/5339 Grant Application Total Amount - $7,200,000 Section 5307 (Capital & Operating Assistance) $2,841,623 Section 5339 (Bus Replacement) $212,256 Capital Assistance Amount - $5,200,000 Vehicle replacement, bus shelters, maintenance, vehicle equipment, computers, security equipment, and transit maintenance building expansion No local match required FDOT toll revenue credits are used as soft match Operating Assistance Amount - $2,000,000 .. No new local match needed for FTA grants 3:1 ratio $1 of local funds brings in $3 in state + federal funds Recommendation Consider public comment Adopt the proposed resolution for the grant application AFFIDAVIT OF PUBLICATION Kathy Charest Indian River County Planning 1801 27 Th Street Vero Beach FL 32960 STATE OF WISCONSIN, COUNTY OF BROWN - RECEIVED JUN 2 8 2024 INDIAN RIVER COUNTY CODE ENFORCEMENT Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Govt Public Notices, was published on the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print in the issues of, on: 06/23/2024 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 06/23/2024 Legal Clerk e Notary, State of WI, County of Brown 1 My commission expires Publication Cost: $184.28 Tax Amount: $0.00 Payment Cost: $184.28 Order No: 10302890 # of Copies: Customer No: 1125971 0 PO #: I.SAR0119306 THIS IS NOT AN INVOICE! -11 NOTICE OF PUBLIC HEARING Notice of hearing is hereby given for the Board of County Commissioners of Indian River County, Florida to consider submittal of an applica- tion for an FY 2024 49 USC Ch. 53, Sections 5307/5339 Mass Transit Capital and Operating Assistance Grant. A public hearing at which parties in interest and citizens shall have an opportunity to be heard will be held by the Indian River County Board of County Commissioners in the County Commission Cham- bers of the Indian River County Administration Building, located at 1801 27th Street, Vero Beach, Florida on July 2, 2024 at 9:00 AM. The Indian River County Board of County Commissioners is consider- ing the submittal of a 49 USC Ch. 53, Sections 5307/5339 grant appli- cation. As proposed, the applica- tion requests a total of $5,200,000 in federal capital assistance and $2,000,000 in federal operating assis- tance. The nonfederal capital share will consist of $1,300,000 in Florida toll revenue credits as a soft -match. The nonfederal operating share will consist of $1,000,000 in local funds and $1,000,000 state transit grant funds. All funds will be passed through to the Indian River County Senior Resource Association (SRA), the County's transportation Provid- er. The funds will be used to main- tain and expand the SBA's GoLine (fixed route) and Community Coach (demand response, including ADA complementary paratransit) public transportation services. Specifical- ly, funds will be used to implement the following program of projects: Continue and expand the GoLine and Community Coach public transportation services. Purchase Vehicles and Related Equipment, Train- ing Equipment, Bus Shelters, Construction of a Maintenance Building, Computers and Software, Shop Equipment, and Security Equipment; and Perform Preventive Vehicle Maintenance. Unless modified as a result of FTA review and comment, changes in available funding, or other unforeseen circumstances, the proposed Program of Projects described above will become the final program of projects for FY 2024. This notice complies with the FTA Program of Projects (POP) notification requirements. Please direct questions regard- ing this public hearing to Brian Freeman at 772-226-1990. Anyone who may wish to appeal any deci- sion, which may be rnade at this meeting, will need to ensure that a verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act (ADA) Coordinator at 772-226-1223 at least 48 hours in advance of meeting. Indian River County Board of County Commissioners By: -s- Susan Adams, Chairman June 23 2024 LSA R 0119306 IQQ 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? 1:1 YES Z NO WHAT RESOLUTION ARE YOU REQUESTING OF THE COMMISSION? ARE PUBLIC FUNDS OR ACTIVITIES REQUIRED? F-1 YES R(I NO WHAT FUNDS OR ACTIVITIES ARE REQUIRED TO MEET THIS REQUEST? For IRC Staff only: Transmitted to Administrator Via: Interactive Web Form E -Mail Hand Delivered ✓ Phone MEETING DATE: 6/4/2024 396 ilA Administrator's Matters July 2, 2024 Office of the INDIAN RIVER COUNTY 0R1oA ADMINISTRATOR John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy Bunt, Assistant County Administrator MEMORANDUM TO: The Honorable Board of County Commissioners FROM: John A. Titkanich, Jr., County Administrator DATE: July 2, 2024 SUBJECT: Strategic Plan — Proposed County Mission Statement and Core Values Background & Discussion The County held its first Strategic Planning Workshop on December 8, 2023, following a series of interviews with the Board of County Commissioners and members of the Senior Leadership Team. Additionally, County employees were surveyed based on various themes, phrases, statements, and ideas related to goals, priorities, mission, and organizational values. At its regular meeting of February 20, 2024, the Board of County Commission approved the 2023 Goal Setting Final Report. At its regular meeting of April 23, 2024, the Board approved the final operationalized goals. And, on April 30, 2024, 55 employees met at the IG Center for the Strategic Planning Kickoff. This meeting was facilitated by Dr. Joseph Saviak and Dr. Richard Levey and the attendees represented all areas and various of the organization to include members of the IAFF and Teamsters participating. The Core Strategic Planning Team has been engaged in virtual discussions and recently met to refine the mission statement and the core values. Utilizing the main phrases and themes as a foundation, the Core Strategic Planning Team has developed and proposes the following mission statement and core values. Mission Statement Dedicated to Indian River County through service excellence. 397 Administrator's Matters July 2, 2024 Core Values Integrity: We conduct ourselves in the highest ethical manner in all that we do, with a commitment to respect, accountability, and transparency. Responsiveness: We provide excellent customer service by being accessible, approachable, receptive, helpful, and innovative. Collaboration: We work together cooperatively, united in our purpose to serve the community. Our mission statement declares our purpose and the reason for which the County exists. Our core values serve as our moral compass, they can be how the public, cur customer, can expect us to conduct ourselves and act carrying out the public's business. The Board's approval of the mission statement and core values is critical as it reinforces the expectations of our employees. Coupled with the adopted organizational goals, the mission statement, and core values serve as the foundation and will guide the County in developing specific, measurable, achievable, relevant, and time -bound (SMART) objectives for the County's Strategic Plan. I believe it is important to recognize the hard work of the many staff members engaged in this initiative. It demonstrates their commitment to improving our organization, and their dedication to establishing service excellence as the standard. Goal Co -Champions will lead their teams in developing the objectives, strategies and actions plans. Staff anticipates this will occur over the next two and a half (2 %Y months. A Board Workshop is being planned for Tuesday, September 17, 2024, to review the Strategic Planning Team's work. Staff Recommendation Adopt the proposed Mission Statement and Core Values for Indian River County. 398 Tuesday, July 1, 2024 Agenda Item No. 11 A IRC Strategic Plan Progress 9/12/2024 11/23 BOCC Organization Survey N=483 2/20/24 BOCC Accepts Final Report Stratei Plan 4/30/24 12/8/23 4/23/24 10/23-24/2023 6/2024 BOCC & Administrative Strategic BOCC Goal Interviews planning Adopts P Teams Workshop: : Workshop .....Goals p .... . A.. � �07A 11/23 BOCC Organization Survey N=483 2/20/24 BOCC Accepts Final Report Stratei Plan 4/30/24 7/2/24 . ` Staff lOCC Strategic IN I Plarmhig 1 cam Workshop: : i :1Mm 1 �✓ 9/12/2024 ---------------------------- ,-------------------------------------------------------- .:.:.:.a:.........,.:..:.t;........... ......-..»-a.:.a.w».. I Pprcet/T.r , Key Resource Compenton - '' ' I . Pnru<m, epmrobrs cempeptlW ¢LYFJt _� , 1 . _ •• 5Tec. w K .. ecx.enn n brces O — Places whre the typically s tarts C I • EPJu<atMnal • Nembn t�W _ EL • hWlul • Raqulxors .,© � Places whlK goal tormula[ion may oCCu! Places where vision roamulauon may occur Eat nal Env{ronm tai Assessm s 2 Mandates dd—hTh— c es anal_ __— — ..�....-- w.—_ ---_ c & c � c ' U g 0 In tial Stak1svafVategv S111111 1"dall Impl<mema[bn strategy and Agreement • : fotmulalwn Plan Revl w V eholtlers onNaatewad.1a�e %annirg Procets nal ane Aa_.'ew tWral-' Reassessment Plan nY� • Imer a: Ilia l Nw< n I l alnalfe • Optlenx 1 o v I Q_I Q --- f• a eakrlesses 4 V Internal E Env tel ResourClt Present strategy rman e . . 1jY • People • Overall rl�.lo v ' ' '"' ' ' ' • Eao •Oman • Competentles svalegit pmnning n� —'�"� Strategic Change Cycle (Bryson, 2004) Vision �" `6�,4 e�i ti oxt Objectives Strategies I • Advancing responsible environmental stewardship by protecting, resources, and fostering environmental awareness. • Delivering high quality local government services and managing resources in I responsible and sustainable manner, embracing accountability, transparency, performance, customer service, and community engagement—the hallmarks • Planning, constructing, managing, and maintaining critical public infrastructure current needs, future demands, and the expectations of our eommunity.,Embta technology, and resiliency. • Protecting residents and property through effective and responsive fire rest services, and emergency management. Promoting safety and well-being of effective planning and enforcement of community and life -safety standards • Enhancing the quality of life to foster a thriving community for lndian'R1 its advancing programs and policies directed toward children, seniors, economic I attainable housing, community health, recreation, and public mobility. Mission Recurring themes from Interviews *Service delivery unity, pleasure, & pride ` strong customer service "Serve & Protect the Public •Delivering Service with a sense of purpose residents and visitors *Add Community Service to Existing Mission Statement *Equitable Governance *Protect quality of life and natural resourc *Protect the environment/sustainable gro *Future with what residents cherish abo.0 community 9/12/2024 j i ... ... ....:`� Values Recurring themes from •professional/Competent with citizen Interviews and fellow employees •Cheerful/Customer Service (internal/external) .... *Transparency • Honesty/integrity *Respect for residents & colleagues' *Accountability 'Pride/Confident •Trust -r *Dedication *Collaboration IRC Core Values .1 Integrity We conduct ourselves in the highest ethical manner in all that we do, • with a commitment to respect, accountability, and transparency. VALUES Responsiveness We provide excellent customer service by being accessible, approachable, receptive, helpful, and innovative. Collaboration We work together cooperatively, united in our purpose to serve the Community. 9/12/2024 9/12/2024 Strategic Planning Team - Goal Champions ► Kathy Copeland* (SP Project ► Sean Lieske* (Infrastructure) Coordinator) ► Kirstin Leindecker (Infrastructure) ► Michael Zito* No. Dave Johnson (Public Safety) Do -Nancy Bunt* ► Cindy Emerson (Quality of Life) ► Beth Powell* (Environment) ► Amber Riviere* No. Kylie Yanchula (Environment) ► Kristin Daniels* (Governance) a ► Suzanne BoyR*(Governance) a *Core Strategic Planning Team Members 55 Staff Members Attended the Strategic Planning Kickoff Workshop Next Steps ❑ Strategic Planning Goals Teams identify/develop . Objectives, Strategies, and Tactics ❑ Board Update — Preliminary Draft (August 2024) ❑ Public Workshop (September 2024) . ❑ Board Workshop— Presentation of Final Draft Strategic Plan based on Board and Public Comments. (September 17, 2024) •1 ❑ Final Strategic Plan presented to BOCCforadoption (October 8, 2024) ❑ Organizational meetings to present Final Strategic Pla - staff departments, divisions, and team members. (October/ November 2024) r 9/12/2024 [@-Al Departmental Item Indian River County, Florida Community Services Department Board Memorandum Date: June 18, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Megan Kendrick, Human Services Manager Subject: Children's Services Advisory Committee Recommended Program Funding Allocations for Fiscal Year 24/25 BACKGROUND On February 16, 2024, the County issued a Request for Proposals (RFP) inviting not-for-profit and for-profit organizations, government agencies, and individuals to apply for funding to support children's programs and services in Indian River County. This grant program is administered by Indian River County with assistance from the Children's Services Advisory Committee (CSAC), consistent with Ordinance Number 2022-007 and the County's Outside Agency Funding Policy Revisions approved by the Board on August 4, 2022. In response to the RFP, the County received 56 proposals requesting a total of $3,452,939.14 in funding. All 56 proposals can be found on The Children's Services Webpage. Over the past 10 months, staff have collaborated with the CSAC Main Committee, the Needs Assessment Subcommittee, and the Grants Subcommittee to refine the RFP process. The goal is to ensure the needs of the children and families in our community are being met, to provide agencies with professional development and coaching to develop strong RFPs, to establish clear measurable outcomes for agencies, to analyze and share impact reports with the public, and to increase transparency throughout the process. Below is a timeline of the work that has been done to improve the RFP process by enhancing accountability and impact. RFP Timeline: November - January • Staff collaborated with the Needs Assessment Committee to develop the comprehensive 2024- 2027 Needs Assessment Plan. January • Staff developed the RFP Scoring Rubric based on the needs identified in the Needs Assessment Plan. February • Staff offered an RFP walkthrough to all interested agencies. • Staff provided individualized RFP support to all interested agencies. • Staff provided professional development for budget planning and performance accountability 399 Departmental Item to all interested agencies. • RFP Application for FY 24/25 opened to all agencies. March • Staff provided professional development on research -based program design and evaluation. April - May Application closed. CSAC Grant Subcommittee reviewed and scored 56 program applications using the RFP Scoring Rubric. • Staff provided individualized presentation preparation to all interested agencies. May - June • May 30, June 5, and June 6: CSAC Grant Subcommittee held grant presentations for all 56 programs. • June 7: CSAC Grant Subcommittee deliberated and voted on FY 24/25 CSAC Funding Recommendations. • June 14: CSAC Main Committee reviewed the recommendations and voted to approve the CSAC Grant Subcommittee Recommendations. Funding Recommendation Process: On April 9`h, 2024, the Board of County Commissioners approved FY 24/25 funding for Children's Services in the amount of $3,149,351, with up to $207,522 for administrative expenses and up to $2,941,829 in Children's Program expenses. Staff organized programs into the three priorities identified in the Needs Assessment: Health and Well- being, Nurturing Families and Communities, and Success in School and Life. After the CSAC Grant Subcommittee reviewed, analyzed, scored, and heard presentations from the 56 programs, they used the scores from the RFP Scoring Rubric, supporting documentation, and information from the presentations to determine how much funding each program should be allocated. Once the allocation for each program had been decided, the CSAC Grant Subcommittee voted on the total funding recommendation for programs in each priority. The CSAC Grant Subcommittee approved full or partial requested funding for the following programs, per priority: Priority # of Appl. Programs # of Awarded Programs Award Health & Well -Being 10 7 $400,000 Nurturing Families and Communities 14 11 $449,950 Success in School & Life 32 29 $1,963,069 Total Awarded 56 47 $2,813,019 Total Funding Available $2,941,829 Total Funding Remaining $128,810 After allocating funding to 47 total programs, there was a remaining balance of $128,810, with a recommendation that it be used for future needs that serve children and families in FY 24/25. The CSAC Main Committee then approved the Grant Subcommittee's funding recommendation. 400 Departmental Item FUNDING Funding was approved on April 9th, 2024, by the Board of County Commissioners and no additional funds are requested. RECOMMENDATION Staff respectfully recommends that the Board of County Commissioners approve CSAC's funding recommendations for children's programs for FY 24/25 and authorize the County Administrator to execute the 47 program grant agreements after review and approval by the County Attorney for legal sufficiency. Should program funding become available through default, noncompliance, or early termination of an awarded grant program during the fiscal year, staff will bring an item to the Board for approval of an alternative program or service based on the needs of children and families in Indian River County. ATTACHMENTS CSAC Recommended Program Funding FY 24/25 Funding Recommendation Presentation Request for Proposal Grant Proposal Evaluation Rubric AGENDA ITEM FOR July 2, 2024 401 s°°$a°ssaa= s ssea�sagas'ssss $ s.aaaaaa=aaaaasaasaaasaaaasaassa 8gggg g=^88 8gg g 8gg s8gg88oS s $gg$gg. ese g:agggg e ......gang».........,..g�ag� .....,.,�ama��� m�a�,.mm�ffi��ea���xxaa..mmama;�a�a� a$ar dS2'°^S r'Sra mA N5:R ma ail xxnnn$amanmmasm�nna�aAxxamxmn `X, oAKRGamm$89 mn�0 m49m.mm9 09 - - - - - - .... sss€ O F a 6sss€=ss gg°��Uss sagas>>>oaea��saxa��a EEEEEEEEEa1^mSmee AS ssssssYY a°YYaYYYY<.. ....$SS S S. 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E- -E W a n°° E€ E E• E E� E E E E� E E E c n@ a ^m E _m 8$$$$$a$$aFaa$$a$ 9 a a$$ 38$$$$ $$ xxxN A bttt ..... ^ m - tl A ;ate-a�m9 $�Ea sag a o=m 6 im His % 3 E - c - '.`. - - E £ - m E m aAffiSrE3.aS>da�i�.$ <�w �1�°isa ��W u° 8 2 X L` E° v 5° a a E 5 LL ° e ti a v U 2024-2025 REQUEST FOR PROPOSAL CHILDREN'S SERVICES ADVISORY COMMITTEE The Children's Services Advisory Committee of Indian River County is an advisory board to the Indian River County Board of County Commissioners. Section 103.20. Purpose The purpose of the Children's Services Advisory Committee is to promote the health and well-being of children in a healthy community. The term "healthy" encompasses socioeconomic, physical, environmental, educational, and behavioral health. Section 103.21. Objective (1) The objective of the Children's Services Advisory Committee is to provide a unified system of planning and delivery, within which children's needs can be identified, targeted, evaluated, and addressed by the Children's Services Advisory Committee. (2) Definition of child. Any person who has not attained the age of eighteen (18) years; also, a minor. (3) This objective will be met by the Children's Services Advisory Committee through the powers and functions of the Board of County Commissions as follows: a) Recommend to provide and maintain in the county services for children as the Children's Services Advisory Committee determines are needed for the general well being of the county. b) Collect information and statistical data and conduct research helpful to the Children's Services Advisory Committee and the County in deciding the needs of children in the County. c) Consult, collaborate, and coordinate with other agencies dedicated to the well being of children to the end that duplication of services will be prevented. d) Recommend the allocation of funds to agencies that provide services for the benefit of children in Indian River County. e) Recommend standards for evidence based measurable outcomes within the request for proposal and monitor the agencies for actual performance on agreed upon standards. f) Recommend to employ, pay and provide benefits for any part-time or full-time position needed to execute the foregoing powers and functions. MISSION The mission of the Children's Services Advisory Committee is to facilitate and coordinate the planning and development of an effective and collaborative health and human services delivery system to meet the needs of the children and families of Indian River County. The Children's Services Advisory Committee strongly supports cultural diversity and encourages its funded programs to demonstrate the inclusion of all children and families in program development and implementation. 2024-2025 CSAC RFP - 1 403 VISION The efforts of the Children's Services Advisory Committee will ensure the development of a shared vision for the health and human services delivery system in Indian River County enabling funding sources and providers to define and perform their roles in a dynamically changing environment. OVER -ARCHING GOALS ■ Improve the capacity of children in Indian River County to succeed to adulthood in a safe, healthy and productive manner. ■ Support caregivers — a child's most important resource — to be and do what is needed to shepherd children into adulthood in a safe, healthy and productive manner. FUNDING CRITERIA The Children's Services Advisory Committee is seeking programs that provide services to children and families of Indian River County. Proposals will be reviewed and evaluated by the Grant Review subcommittee which consists of members of the Children's Services Advisory Committee and other citizens of Indian River County. Proposals are accepted from government agencies, for-profit and not- for-profit organizations, and from individuals. Evaluations of agencies submitting funding applications shall include, but not be limited to, site visits, interviews, and application review. Applications received will be assessed on the basis of specified criteria and will include, but not be limited to, the following items: a. Organization's capability. The qualifications and experience of the applicant in providing quality human services and the agency's financial capability. b. Evidence based outcomes from prior years. c. Need for service. Appropriate goals and objectives in response to the advertisement of funding availability. d. Soundness of methodology. The goal and objectives, description of services with timeline and documented coordination with other service providers. e. Evaluation. The program's process and outcome objectives, data collection system and evaluation design. f. Cost effectiveness. The proportion of budget applied to direct services, funds from other sources, funds requested, current and projected long range efficiency. g. Children and families served. The extent to which the application addresses services to meet identified needs of the target population. h. Neighborhood -based initiatives. The extent and degree to which the application focuses on a local area or neighborhood. i. Response to a specified strategy. The applicant's identification of and appropriate response to a specified primary strategy. j. Application. The relative completeness, clarity and conciseness of the response to all required items in the funding announcement and application. 2024-2025 CSAC RFP - 2 404 PRIORITY OF FUNDING A comprehensive, community -wide needs assessment provides valuable information to help guide the Children Services Advisory Committee (CSAC) in identifying essential children's services and areas of focus to address both the unmet and under -met needs of children. The funding priorities are the result of the 2024-2027 Children's Needs Assessment. The assessment identified three primary priorities: Health and Well-being, Nurturing Families and Communities, and Success in School and Life Each priority is comprised of specific focus areas ranked in order of priority and associated data indicators, emphasizing prevention, early identification/intervention, and the pivotal role of building parent/guardian capacity in children's services. This proactive approach aims to address potential challenges before they escalate, recognizing the lifelong impact of early experiences on a child's development, and striving to positively shape their path. With a focus on cost-effectiveness, early interventions minimize societal and financial burdens linked with delayed support. Health and Well-being: Promoting the health and well-being of children is foundational to their overall development. Access to quality prenatal care ensures a healthy start for both mothers and infants, reducing the risk of complications and ensuring optimal birth outcomes. Positive behavioral health interventions are crucial for addressing mental health challenges among youth, fostering resilience, and preventing substance abuse issues. Promotion of physical health, including maintaining a healthy body weight, is essential for long-term well-being. Identifying and expanding programs for students with special needs ensures that every child receives the support necessary for their unique educational journey. Why? Early prevention and intervention strategies in health, combined with building parent/guardian capacity, contribute to long-term well-being, reducing the need for more extensive interventions later on. By prioritizing these aspects, we proactively support children's health, addressing potential challenges at their inception. Focus Areas and Data Indicators: 1. Enhanced Access to Prenatal Care: Monitoring the initiation of prenatal care, birth outcomes, breastfeeding initiation, fetal and infant mortality, and repeat teen births. 2. Advancements in Positive Behavioral Health: Tracking youth risk profiles, depression rates, substance abuse among youth, and adult alcohol consumption. 3. Promotion of Physical Health: Observing body mass inde*.(BMI) summaries and youth obesity rates. 4. Identification and Expansion of Programs for Students with Special Needs: Assessing student demographics based on primary exceptionality. 2024-2025 CSAC RFP - 3 405 Nurturing Families and Communities: Creating an environment that nurtures families and communities is vital for children's overall stability and well-being. Decreasing childhood adversity, including experiences of abuse and neglect, is essential for fostering safe and supportive family environments. The reduction of juvenile delinquency incidents contributes to a safer community and better opportunities for positive youth development. Why? Prioritizing prevention and early intervention in family and community dynamics, along with building parent/guardian capacity, we aim to create an environment where potential issues are identified and addressed promptly, fostering stability and resilience in children from the outset. Focus Areas and Data Indicators: 1. Decrease in Childhood Adversity: Analyzing adverse childhood experiences, child abuse incidents, Baker Act utilization, and instances of children in foster care or homelessness. 2. Reduction of Juvenile Delinquency Incidents: Examining .rends in juvenile delinquency through metrics such as juvenile arrests. Success in School and Life: Ensuring success in school and life is fundamental for a child's future prospects. Increasing kindergarten readiness sets the stage for a strong educational foundation, impacting a child's academic journey positively. Improvement in academics, attendance, and the expansion of pathways for college and career success are critical for preparing children to meet the challenges of an ever -evolving world. Why? By focusing on prevention and early intervention in, education, coupled with building parent/guardian capacity, provides children with the resources th�y need from the beginning, reducing barriers to success and fostering a foundation for lifelong learning] and achievement. Focus Areas and Data Indicators: 1. Increase of Kindergarten Readiness: Evaluating early learning indicators and kindergarten readiness. 2. Improvement in Academics: Analyzing student perform4nce and proficiency on statewide assessments in reading, math, science, and social studies. 3. Boost in Attendance: Monitoring average daily attendance and chronic absenteeism. 4. Expansion of Pathways for College and Career Success: Reviewing high school graduation rates, workforce data, and school discipline measures. Applicants seeking funding are encouraged to focus their programs on serving pockets of poverty, considering the geographical dispersion and transportation challenges in Indian River County. It is crucial that services are designed to be accessible, considering both the location and timing that align with the community's needs. To enhance program effectiveness, applicants should employ research/evidence-based strategies and best practices, ensuring that interventions are informed by proven approaches. Collaboration within the community is essential to optimize resources, eliminate redundancy, and initiate interventions as early as possible in a child's life, thereby maximizing the impact of support services. 2024-2025 CSAC RFP - 4 406 FUNDING PROCESS April 12, 2024 Proposals are due by 5:00 PM ONLINE VIA e-CIMPACT. Late proposals will NOT be accepted. May 30 & June 5-7, 2024 The Grant Review subcommittee will evaluate funding proposals. Agencies will be contacted to schedule a date and time for their review. June 11, 2024 The Grant Review subcommittee will present funding recommendations to the Children's Services Advisory Committee for approval. July 2, 2024 Approved funding recommendations will be presented to the Board of County Commissioners, followed by formal notifications to all agencies regarding the funding of their proposal(s). September 20, 2024 Grant contracts will be electronically mailed following the County's final Budget Hearing. Contract dates will run October 1, 2024 through September 30, 2025. DISQUALIFICATION Any one, or a combination of the items listed below, will disqualify an applicant from further consideration as a qualified applicant. 1. Failure to include proof of, or ability to obtain, all required liability insurance listing Indian River County as an additional insured, as specified in the County contract attached to the proposal. 2. Failure to submit all portions of the proposal by the specified submission deadline to include supporting documents. 3. Failure to certify the Application for Funding by the Agency's duly authorized official attesting to the accurateness of the submission and the governing body's approval. REQUIREMENTS • All agencies, or individuals, receiving a grant are required to acknowledge the Children's Services Advisory Committee and Indian River County as a funder, or partial funder of the program, in all printed material and press releases. • All agencies, or individuals, receiving a $100,000 grant or more, are required to provide Indian River County with a financial audit within 180 days after the end of the agency's fiscal year. • For Profit Applicants must provide a copy of their most recent Federal Tax Return with the application. SPECIAL CONTRACT TERMS AND CONDITIONS Period of Performance • Grant contracts will run from October 1, 2024 through September 30, 2025. • Program monitoring, quarterly reports, and site visits schedules will be developed with grant recipients after the contract is finalized. 2024-2025 CSAC RFP - 5 407 Invoicing and Payment • All payments are based on reimbursement of pre -approved paid expenses per the County contract. • Request for payment should be submitted via mail or uploaded in E-Cimpact. • Request for payment must be submitted in a timely manner (monthly, if possible). • Reimbursements will be limited to 25% of the contracted program dollar amount during each calendar quarter unless pre -approved (Oct -Dec, Jan -Mar, Apr -Jun, Jul -Sept). • Each reimbursement request must have a Reimbursement Request Form detailing all expenses. For each expense listed, a backup invoice and/or receipt, and any other pertinent data must be attached. If the agency requests reimbursement for salaries, other related documentation (i.e., copies of payroll checks, payroll tax checks, invoices, checks for benefits) must be included. • Travel inside the county will be reimbursed according to Florida Statute 112.061. • Payment may be delayed for three reasons: o Improper filing of requests o Not filing quarterly reports with the Department of Human Services within 30 days after the end of each quarter o Not filing the agency's audit, as required by the County, in a timely manner The following items will NOT be reimbursed by the Indian River County Board of County Commissioners or by the Children's Services Advisory Committee: • Food and beverages • Paid Time Off such as sick or vacation payments for employees • Capital expenses greater than $5,000 • Cell phone charges • Costs incurred by applicants in responding to the RFP • Expenses other than those related to the curriculum or staffing of the program • Expenses incurred prior to the first date of the grant • Travel outside of Indian River County • Travel expenses not related to the delivery of the program • The payment of fines or assessed penalties • Services provided by other governmental entities or their employees • Any expense not approved in the agency's Funding Budget RFP - 6 408 SUPPORTING DOCUMENTS CHECKLIST Program Salaries Budget Program Budget Support Documents Agency Budget Financial Audit & Internal Control Letter IRS Form 990 Internal Financial Statements Board Meeting Minutes List of current Officers and Directors Staff Organizational Chart Strategic Plan Agency Bylaws Affirmative Action Policy Evidence of Liability and Workers Compensation Insurance Articles of Incorporation 501(C)(3) IRS Exemption Letter Florida Charitable Solicitations Registration Sworn Statement Under Section 105.08 Most recent Annual Report Program Outcomes Report Survey Tools Other Evidence of School District Partnership Evidence of Agency Collaboration Agency Logo Program Logo Program Photos All materials and supporting documentation submitted in response to the RFP become public documents and the property of the Indian River Board of County Commissioners. THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND THE BOARD OF COUNTY COMMISSIONERS RESERVE THE RIGHT TO REJECT ANY OR ALL PROPOSALS, TO WAIVE ANY NON -SUBSTANTIVE DEFICIENCY OR IRREGULARITY, AND TO AWARD A CONTRACT IN WHAT THE CHILDREN'S SERVICES ADVISORY COMMITTEE AND BOARD OF COUNTY COMMISSIONERS BELIEVE TO BE IN THE BEST INTEREST OF INDIAN RIVER COUNTY CHILDREN. RFP - 7 409 Evaluation Criteria Excellent Adequate Marginal Missing Score 5 3 1 0 Organizational Capacity -10 POINTS The agency has ample experience and qualifications, capable of delivering quality services. The agency is financially capable/stable and has demonstrated the ability to leverage grant dollars and deliver the program with contingencies in place. Program Description - 30 POINTS The program clearly aligns with a funding priority and there is strong rational and significant evidence to support the need for services. The program description is clear and well defined with goals and objectives that are realistically achievable. The target population is clearly identified with services having the greatest impact. There is a clear strategy to respond to the need of the target population that incorporates a system of awareness and accessibility. The program has research -based strategies for building parent capacity. The program is part of a coordinated effort of other service provides without duplicating services. Outcomes — 45 POINTS Outcome 1— the activities are well planned and provide a clear, reasonable timeline in order to track performance. Outcome 1—there is a clear system for data collection to measure achievement of goals. Outcome 1— the program includes evidence -based outcomes. Outcome 2—the activities are well planned and provide a clear, reasonable timeline in order to track performance. Outcome 2 — there is a clear system for data collection to measure achievement of goals. Outcome 2—the program includes evidence -based outcomes. Outcome 3 — the activities are well planned and provide a clear, reasonable timeline in order to track performance. Outcome 3 - there is a clear system for data collection to measure achievement of goals. Outcome 3 — the program includes evidence -based outcomes. Program Budget -15 POINTS The funding request is appropriate for the activities proposed and is providing for direct services. Cost estimates are realistic, justified and sustainable beyond the grant period. The budget is clearly explained and identifies other sources of funding. OVERALL SCORE /100 Impact Score — 3 POINTS The program is preventative, provides early intervention, and/or is addressing a need in an underserved area geographically and/or demographically. OVERALL SCORE /103 Reviewed by: 410 9/12/2024 my 2, 2024 Funding Recommendation Presentation 9/12/2024 9/12/2024 9/12/2024 9/12/2024 9/12/2024 wining ana womsnops: taenuTy ana TacnRate • Manual Keview ana upaate: i olraaorate witn the x essional development opportunities for CS to review and update the procedure manual regularly, funded agencies, such as training ensuring it reflects current practices and receives biers Teaming and 9/12/2024 9/12/2024 9/12/2024 :� 10 Advancements in Positive Decrease in Childhood Adversity Improvement in Academic Behavioral Health 1493 Anticipated Children Served Proficiency ipated Children Servednticipated Children SerWted ' Reduction in Juvenile Delinquency tlFlanced Access to Prenatal Care 68 Anticipated Children Served -volKindergartenReadiness `650 Anticinated Children Served `O Anticipated Children Served avers of i omorro Annual societal Changing the path of even one at -risk youth from a Research by Nobel economic burden ", life of crime and poor choices yields significant Prize-winning associated with savings based on societal costs that have been $3.2 to $5.8 in for economist James premature births is estimated at million present value a 14 -year old and: Heckman showed thaf` every $1 invested in estimated to be $51,600 per case over $390,000 to $580,000 for a high school drop ou r quality early childhood that of full term births. $840,000 to $1,100,000 for a career drug abus $2.7 to $4.8 million for a career criminal Programs can yield returns between $4 t and $1 f,_ s uly, 2024 9/12/2024 3,777,777 P. .. f ani �ISCUSS101i urturing Familial 9/12/2024 Health and W ". �.�. AS ilk 4 .: .: .. .... ..... . . . .. . . . 2 / aIT1 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy Bunt, Assistant County Administrator Andrew Sobczak, Planning and Development Services Director, Floodplain Administrator FROM: Kirstin Leiendecker, P.E., Acting Public Works Director SUBJECT: 8550 Jungle Trail Waiver Request to Floodplain Cut and Fill Balance Requirements Indian River County Project No. 96010145 DATE: June 26, 2024 SUMMARY OF REQUEST Coastal Waterways on behalf of Kathryn Fischer, owner of the lot for a proposed residence, is requesting a waiver othe cut and fill balance requirements for both the 100 Year flood storage and the 10 Year flood storage ii i accordance with LDR Section 930.07(2)(i)1.a. Refer to 'Code Citation' below. DESCRIPI ION The project is located on 3.67 acres located between Sea Oaks and Island Club subdivisions on the east side of Jungle Trail. Refer to Exhibit A. The design proposes a 3,750 S.F. residence along with 2,400 S.F. garage, 2,400 S.F. workshop, 2,264 S.F. covered deck, and 23,334 S.F. of concrete/milling driveways. Refer to Exhibit B forthe Grading Plan identifying the proposed layout. The site is split between two Special Flood Hazard Area AE Zones with the 100 Year Base Flood Elevation being both (7) feet NAVD 1988 (AE -7) and (6) feet NAVD 1988 (AE -6). Refer to Exhibit C. The 10 Year Flood Elevation is three (3) feet NAVD 1988 (Exhibit D). The applicant has demonstrated that filling of the site will not increase the flood stage of the river by more than one (1) foot in accordance with IRC 930.07(2)(a)3.b. "For development activities proposed to be located in a riverine flood hazard area for which base flood elevations are included in the flood insurance study or on the FIRM and floodways have not been designated, a floodway encroachment analysis which demonstrates that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one (1) foot at any point within the community." The Engineer for the applicant has determined that the elevation will rise between 0.12 and 0.37 feet for the 10 Year Flood and the 100 Year Base Flood Elevation. Refer to Exhibit G — Rise Exhibit. CODE CITATION — IRC 930.07(2)(i)1.a. "Cut and fill. An equal volume of storage capacity must be created for any volume of the base flood that would be displaced by fill or structures except for the following instances: Those development projects within the special flood hazard area along the Indian River Lagoon when granted a waiver from the cut and fill balance requirements by the Board of County Commissioners. In the special flood hazard area of the Indian River Lagoon, an equal volume of storage capacity must be created for anyvolume of 411 Page 2 8550 Jungle Trail For 7/2/2024 BCC Meeting the baseflood that would be displaced by fill or structures below elevation two and one-half (2.5) feet NAVD88, or the ten-year flood elevation which has been determined in the flood insurance study, whichever is greater. The board of county commissioners may, in its discretion, grant a waiver from the provisions of this subsection upon the affirmative showing of the applicant, by means of a competent engineering study, that the development project is situated in an estuarine environment and that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and will not create a material adverse impact on flood protection on other lands in the estuarine environment." DECISION IRC 930.07(2)(i)1.a. allows for waivers to be considered for two different flood events. The first is a waiver of the 100 Year flood event while the site maintains the ability to compensate for the 10 Year storm event. If approved, a waiver of the 10 Year storm event which includes a part of the 100 Year storm event may be considered. Required storage for the two storm events are interconnected due to hydraulics. The applicant is requesting waivers for both storm events to allow fill. REQUEST 1 Applicant requests a waiver of the 100 Year flood elevation compensatory requirement to allow filling of 6.59 acre-feet (10,627 cubic yards) of existing floodplain area. The site is designed to store and treat 332 cubic yards within a dry retention pond. The proposed fill amounts to 35% of the available 100 Year floodplain. REQUES 1 ApplicanjI requests a waiver of the 10 Year flood elevation in the amount of 2.7 acre-feet of storage (4,355 cubic yards) of6isting floodplain area. The site is designed to store and treat 332 cubic yards within a dry retention pond. This proposed fill amounts to 47% of the available 10 Year floodplain. !r.T:r.MA*nI] The natural ground elevation between (1) and (3) feet NAVD 1988 poses a problem for this site. Because some of the existing ground is at or below the seasonal high water table elevation of 1.1 feet NAVD 1988 the site must be raised significantly to meet both flood protection criteria and the gravity septic drainfield requirements. The ability to provide additional floodplain storage on the site is minimal. If a wet pond were to be constructed it would need to be directly connected to the Indian River Lagoon to prevent eutrophication. However, a direct connection to the lagoon could likely cause an increase of nutrients being sent offsite. As can be seen in the aerial imagery, an existing retention pond to the south is highly nutrified (eutrophic). The most highly accepted method of treating stormwater runoff is classified as a dry retention pond. To provide this type of treatment the pond must be approximately 1 foot above the seasonal high water table. Furthermore, the locations that may be available for floodplain storage creation would cause the removal of vegetation in areas proposed to remain at natural ground including the directly connected wetland along the north boundary. This may change the characteristics of the Jungle Trail area. The applicant has provided a hardship example depicting the amount of stormwater area required. Refer to Exhibit F-100 Year Hardship Example. 412 Page 3 8550 Jungle Trail For 7/2/2024 BCC Meeting Alternatively, another method of avoidance would require the residence to be placed on pilings or a deep stem wall and use the first floor as a garage with flood vents. Because of the seasonal high water table elevation, the foundation would still have to be raised to avoid groundwater seepage and direct building impacts. Similarly, the proposed workshop would require flood vents to meet FEMA criteria to allow stormwater to transmit through the building. The residence located to the south which was constructed in 1994 has this type of construction, utilizing the first floor as garage and storage. Refer to the South boundary impacts written below. ENVIRONMENTAL CONSIDERATIONS The property includes a 0.54 -acre wetland. The non -forested wetland is connected to a larger off-site wetland system/slough. The entire wetland is part of a system that resides off site on a Board of Trustees of Internal Improvement Trust Fund of the State of Florida (TIITF) land, the Captain Forrester Hammock Preserve & Archie Carr Sea!Turtle Refuge. Additionally, a jurisdictional mangrove fringe lies on the western sides of the two isolated portions of the property located west of Jungle Trail. The design proposes to avoid filling of the wetland. Refer to Exhibit B — Grading Plan. WATER QUALITY TREATMENT The design proposes an 8,954 S.F. dry retention pond which will collect runoff from the main building and driveway thereby treating it. The proposed system provides roughly 3 inches of treatment which is greater than the usual single family home requirement of 1 inch when the Indian River Lagoon will be directly impacted. NEIGHBORING IMPACTS North The site is bordered on the north by the Board of Trustees of Internal Improvement Trust Fund of the State of Florida (TIITF) land, the Captain Forrester Hammock Preserve & Archie Carr Sea Turtle Refuge. The design currently depicts much of the area adjacent to the north property line remaining at existing elevations which will avoid filling of the onsite wetland. Refer to Exhibit B — Grading Plan. South A two-story single-family home built in 1994 on 0.46 acres is located directly south of the property. The remaining southern and eastern property boundaries are bordered by 19.6 acres of an old cleared citrus grove. An old meandering and stagnant retention pond likely left from the old citrus grove both borders and encroaches on the south property line. The residence located at 8530 Jungle Trail was completed in 1994. It utilizes 6 -foot stem wall construction along with a first -floor garage and storage area. The home was granted a flood waiver from the BOCC on April 13, 1993, for 0.13 acre-feet (217 Cubic Yards). Currently the home experiences first floor flooding in its non -livable space. An onsite driveway is proposed along the south property boundary. It is raised by a retaining wall. The driveway will be sloped internally and send runoff to an onsite treatment pond. The driveway is setback from the property line by 24 feet. The remainder of the south property line beyond the extents of the driveway will remain at existing elevations. Refer to Exhibit B — Grading Plan. 413 Page 4 8550 Jungle Trail For 7/2/2024 BCC Meeting Jungle Trail Jungle Trail is a designated historic road and falls under BOCC Resolution No. 89-36 as adopted April 11, 1989. This resolution provides requirements for the 40 -foot Jungle Trail right-of-way and a 30 -foot management area on both the east and west sides of the Trail. The impact to Jungle trail is the installation of two 16 -foot driveways through the 30 -foot management area. The driveways are proposed to be native dirt matching the look of the Trail. The applicant proposes to leave the 30 -foot management area in its existing state which contains a few cabbage palms. Additional plantings are not proposed. Any proposed planting of this area will require approval from the Planning and Zoning Commission. AVOIDANCE AND MINIMIZATION The applicant wishes to have the home's accessory buildings above the Base Flood Elevation to avoid any structural flooding. The applicant has provided a dry retention area for stormwater treatment and some storage. a DIRECT FVNDING No funding is required for this option. POTENTIAL IMPACTS TO THE COUNTY The County has adopted FEMA floodplain guidelines as provided in the Comprehensive Plan and Land Development Regulations. As part of the adoption process the County participates in the Community Rating System (CRS). Participating in the CRS allows County residents to purchase flood insurance at rates depending upon the determined Class. The lower the Class the less the rates. The County is audited every three to five years to establish the CRS rating. The last Report of Audit is dated April 27, 2022. A recertification of the County's adopted guidelines will occur in 2024. During the 2022 CRS audit the County received 2,750 points (Class 5). The Class ratings and flood reduction rates are broken down as: Class Rating Points Required Flood Reduction Rate In SFHA Flood Reduction Rate Outside of the SFHA 4 3000 to 3499 30% 10% 5 2500 to 2999 25% 10% 6 2000 to 2499 20% 10% SFHA = Special Flood Hazard Area, Zones A, AE, Al -A30, V, V1 -V30, AO and AH Cut and Fill requirements (also known as compensatory storage) as codified in IRC 930.07(2)(i)1.a. allows the County to receive points under FEMA Audit Activity 430, "Higher Regulatory Standards". Specifically, the subpart of 431a, "Development Limitations" and is credited under DI -1b. According to the last Report of Audit, the County received 419 points for Activity 430. Staff have had discussions with FEMA advisors regarding issuance of waivers. It has been indicated to us that waivers will cause the Countyto lose all allocated points for this subpart. In review of the prior audit, this would be approximately a 200 -point reduction. In December of 414 Page 5 8550 Jungle Trail For 7/2/2024 BCC Meeting 2023, the County approved two flood waivers for Quay Dock Landing and Hammock Shores developments. If 200 points are lost, and no additional points are gained through additional CRS activities, then the County would remain at a Class 5 Rating based on the prior audit. FEMA will be issuing a new CRS Manual prior to the next County audit. It is unknown as to how much of a point reduction this waiver and the prior waivers will cause. STAFF RECOMENDATION The applicant has provided a competent engineering study, that the development project, as designed, will meet all other requirements of the stormwater management and flood protection chapter and based on the applicants study, they will not create a material adverse impact on flood protection on other lands in the estuarinenvironment. In consideration of this, the Board of County Commissioners may, in its discretion, grant a waive Tom the provisions of 930.07(2)(i)1.a. i Based on!the aforementioned, the Board of County Commissioners shall consider and determine if a waiver shall be granted from the provisions of LDR Section 930.07(2)(i). If granted, staff recommends the Board of County Commissioners approve the 100 Year floodplain waiver and then approve the 10 Year floodplain waiver with the expiration of the waiver to coincide with the Type C permits. Type C permits are codified to be granted for 6 months with an allowance for a 6 -month extension. The waiver will be granted from the date of approval and transferred to the associated approved Building Permit upon its issuance. The waiver will be active as long as the Building Permit remains valid. ATTACHMENTS 1. Exhibit A — Location Map 2. Exhibit AA — Location Map (Aerial) 3. Exhibit B — Grading Plan 4. Exhibit C — 100 Year Floodplain Location 5. Exhibit D — 10 Year Floodplain Location 6. Exhibit E — 100-YR/10-YR Compensatory Calculations 7. Exhibit F —100 Year Hardship Example 8. 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U Z W Z � a Zui w K J IL 3 a a s- S p LL CL+I riE� O C w WW� NF w N 0 C a Z Y Q U a? U ONLLUWM ' �r 1!4!4X3 as.d - 91!4!4X3 � li'N�oJ BNtl �IWI'pWL al6unC OS58 SlIRu04r�tl QNB IHPul.0 rwy SRM P Ammo 3 d9Wmumm0 MrOS &I�9a MM-:) - 4 -kW -4-W BU,Lp (Z!U y� n PMiE-k!'W aWS TUISUOD *N a agns ` { arrant WUZ Ewi SOYi00E •r � '"'\ � v SOYi00E n7 1Q ju N \\ \ \\ \\ \\ N •r � '"'\ � v � ii \\ \ \\ \\ \\ N c v� ac v m�v v vv a LL .. cl o 9 1 l is `a ul Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: June 11, 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: Bryan Beavers, Utilities Finance Manager Subject: Announce Public Workshop and Schedule a Public Hearing for Fee and Rate Modification associated with the Indian River County Department of Utility Services Background: Indian River County Department of Utility Services (IRCDUS) operates as an enterprise fund with its primary source of income being Service Availability and Volumetric charges from the customers of the Utility. Additional funding comes from Impact Fees and Miscellaneous Charges. Since 1999, the IRCDUS Service Availability and Volume Charges have cumulatively increased approximately 12% over a 25 -year period. Other Miscellaneous Fees and Impact Fees have not been adjusted during this same 25 -year period. In contrast, the US Water & Sewerage CPI rate has cumulatively increased 210% over the same 25 -year period. Due to IRCDUS Rates not changing at the same pace as inflationary price increases, the IRCDUS Rates are no longer able to sustain the financial funding requirements of the Utility and need to be evaluated to ensure the adequacy and equitability of rates to sustain the long-term financial needs of the Utility. To address this need, formal bids were solicited through an RFP process to engage a Utility Rate Consultant to analyze and make recommendations to update the charge rates of IRCDUS. In November 2023, the BCC approved awarding a contract to Stantec Consulting Services, Inc. to perform this Utility Rate Study. Analysis: The following table summarizes the IRCDUS Service Availability and Volume rate changes for an average residential customer consuming 4,000 gallons of water and sewer services per month over the past 25 years as contrasted against the US Water & Sewerage CPI inflation rate. 424 Departmental Item Year of Rate Change Average Residential Monthly Charge IRCDUS Rate % Change Since 1999 US Water & Sewerage CPI Change Since 1999 1999 $45.38 12% 210 2019 44.59 2020 45.24 2021 46.63 2022 48.03 2023 50.67 Note: Impact Fees and Miscellaneous Fees have not been adjusted since 1999 While in recent years IRCDUS has adjusted rates to reflect annual inflation, the 20 -year gap of no inflationary increases between 1999 and 2019 has created a revenue sufficiency gap that will impact the ability of the IRCDUS to responsibly maintain the operational needs of the Utility. Funding: This agenda item requests permission to begin a public engagement process with our ratepayers through a public workshop. No funding is required for this item. Recommendation: Staff recommends the Indian River County Board of County Commissioners (BCC) direct staff to complete the Utility Rate Study process with Stantec Consulting Services, Inc., including a public engagement component on Utility revenue sufficiency and utility rates for Service Availability Charges, Volume Charges, Impact Fees, and Miscellaneous Fees for IRCDUS customers. Further, staff recommends the BCC direct staff to conduct the following public engagement activities associated with potential modifications to the IRCDUS fee and rate structure: • Conduct a Utility Rate Study workshop presentation on August 22, 2024, at 1:00 pm, regarding the study, findings, and proposed new Utility Rates and Fees Schedule. Interested parties will be notified of the workshop via a comment line on the face of the customer's monthly utility bill, a notice on the IRCDUS web site, and direct contact with community stakeholders. • Schedule a public hearing to review and discuss the proposed new Utility Rates and Fees Schedule at the September 24, 2024, BCC Board Meeting • Prepare a Resolution concerning the new Utility Rates and Fees schedule for consideration by the BCC. Attachments �►C•= 425 Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: June 19, 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: Bryan Beavers, Utilities Finance Manager Subject: 4230 201h Avenue - Bad Debt Write Off of Utility Account (1050798/029174) and Future Continuation of Service Background: On August 16, 2022, the Indian River County Board of County Commissioners (BCC) authorized the County Attorney to pursue foreclosure on the property located at 4230 20th Avenue due to unresolved code enforcement violations. The foreclosure was pursued and has been completed. A certificate of title was filed on April 10, 2024, to transfer ownership of the property to Indian River County, Florida. On June 18, 2024, the BCC passed a resolution cancelling taxes on the subject property. This property is now being held by Indian River County for the purpose of future affordable housing initiatives. Analysis: The subject property has had a delinquent utility account balance for over twenty years. This account is a sewer only account with one sewer ERU. The unpaid balance of the utility account as of July 1, 2024, is $32,002.16. This balance due can be summarized as follows: Billing Type Amount Service Charges $4,775.24 Miscellaneous Fees 189.26 Penalties and Interest 27,037.66 Total $32,002.16 Since the property has now completed the foreclosure sale process and is owned by Indian River County, the utility account balance has been deemed uncollectible and should be written off. Further, since this account is active, the service availability charges will continue to bill to Indian River County until such time as the utility impact fee is relinquished. 426 Departmental Item Funding: Funds in the amount of $32,002.16 are available to cover this expense from the account Utilities/Cust Svc/Bad Debt-Water/Sewer, number 47126536-036510, which is in the Utilities operating fund. Utilities operating funds are derived from water and sewer sales. Description Account Number Amount Utilities/Cust Svc/Bad Debt-Water/Sewer 47126536-036510 $32,002.16 Recommendation: Staff recommends the Board of County Commissioners (BCC) direct staff to: Write off the uncollectible account balance for the subject property in the amount of $32,002.16, and further, • Once the account is brought current after the write off, address whether to continue services going forward. Options for consideration include: 1. The County determine which department will be the administrator of the property so that the Indian River County Department of Utility Services (IRCDUS) can continue billing that department the monthly sewer availability charges of $17.73 per month until such time as the land is turned over to a developer; or, 2. Stop the future IRCDUS service availability charges incurred by Indian River County on this account by relinquishing the sewer impact fee related to the subject property. If the impact fee is relinquished, the eventual future developer of the property will be required to pay the current impact fees to re-establish service for the property. IRCDUS recommends the BCC pursue option 2 regarding the continuation of services. Attachment: Current Billing 427 SERVICE ADDRESS 4230 20TH AVE VERO BEACH CUSTOMER/ACCOUNT NUMBER BILL NUMBER 1050798-029174 12235497 CYCLE / BOOK BILL DATE DUE DATE 002 1230 1 6/11/2024 7/1/2024 DIACKAMANN CAVALIER 10124 BOYNTON PLACE CIR BOYNTON BEACH FL 33437 Total Current Charges 517.19 ***Past Due Balance*** 31,484.97 Total Amount Due 32,002.16 MAKE CHECKS PAYABLE TO: INDIAN RIVER COUNTY UTILITIES DEPT #0067 PO Box 2252 Birmingham, AL 35246-2252 1050798029174003200216202407014 Please Detach and Return Top Portion with Your Payment "k INDIAN RIVER COUNTY UTILITIES DEPARTMENT �r l 1801 27TH STREET ' VERO BEACH, FL 32960 772-770-5300 \LoritO.� WWW.INDIANRIVER.GOV/UTILITIES See Reverse Side for additional information 1050798-029174 1 002 1 6/11/2024 1 7/1/2024 u 5/6/2024 6/5/2024 30 Service SW Sewer Consumption Charge SW Service Availability Charge FS Franchise Charges Late Penalty Current Charges Due 7/1/2024 ***Past Due Balance Due Immediately*** Total Amount Due SERVICE ADDRESS 4230 20TH AVE VERO BEACH CUSTOMER/ACCOUNT NUMBER BILL NUMBER 1050798-029174 12235497 CYCLE / BOOK BILL DATE DUE DATE 002 1230 6/11/2024 7/1/2024 Last Bill Amount 31,484.97 Past Due Balance*** 31,484.97 Total Amount Due 32,002.16 GAL 7000 Consumption ERU'S 7 1 0 7000 Total 22.76 17.73 2.43 474.27 517.19 31,484.97 32,002.16 "Our records indicate that we have not received a payment on your account. Please contact our office or pay the past due balance to ensure services are not interrupted. You may be disconnected for failure to pay the past due balance in a timely manner without further`notice. If service is disconnected, service will be resumed only after payment of the past due balance and a reconnection fee have been made." 428 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney I3A Of CB Of Attorney's Matters 07/02/2024 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator William K. DeBraal, County Attorney FROM: Shannon Gordon, Summer Legal Intern, County Attorney's Office DATE: June 21, 2024 SUBJECT: Referendum for Amendment to Tourist Development Tax Description and Conditions On August 29, 2023, the Board of County Commissioners approved an ordinance amendment to add an additional cent to the County's Tourist Development Tax. Prior to the ordinance amendment, the County levied four cents of Tourist Development Tax. Those four cents were split amongst three funds, and the County had planned to levy what is referred to as the "sixth cent," which would be the fifth cent of Tourist Development Tax levy for the County. However, an amendment to FS §125.0104, which addresses tourist taK spending, added a requirement that voters must approve increases in local tourist taxes at a general election. That statutory amendment became effective on July 1, 2023, prior to the County's approval of the "sixth cent" without the required referendum on August 29, 2023. Thus, on December 12, 2023, the Board of County Commissioners approved an ordinance repealing the provision in the County Code that added the additional "sixth cent" of Tourist Development Tax. As mentioned previously, the County's ability to levy what is referred to as the "sixth cent" must be approved by referendum at a general election. After the General Election on November 5, 2024, the next general election in Florida will not occur until 2026. In order to qualify for the General Election, the final referendum must be submitted to the Indian River County Supervisor of Elections by August 14, 2024. To comply with this deadline and avoid further delay, the County Attorney's Office has drafted the attached resolution instructing the Supervisor of Elections to place this matter on the upcoming General Election ballot. The title of the referendum can be no longer than 15 words and the body of the referendum no longer than 75 words. A notice of the referendum election must be published in a regularly circulated newspaper, on the county's website, or on the supervisor's website in the fifth and third weeks prior to the week of the General Election. Funding: The cost of publication of the required public notices will be approximately $400.00. The cost shall be funded from the County Attorney's Office budget within the GEmeral Fund (account number 00110214-034910). 429 Tourist Development Tax Referendum June 21, 2024 Page 2 Description Account Number Amount General Fund/County Attorney/Legal Ads 00110214-034910 $400.00 Recommendation The County Attorney's Office recommends that the Board approve the resolution and authorize the Chairman to execute the resolution on behalf of the Board. Attachments: Proposed Indian River County Resolution 430 RESOLUTION NO. 2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO CALL FOR A REFERENDUM TO BE PLACED ON THE BALLOT OF THE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, TO DETERMINE IF THE ELECTORS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZE AMENDING CHAPTER 210 (TOURIST DEVELOPMENT TAX) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, IN ORDER TO IMPOSE AN ADDITIONAL ONE PER CENT (1%) TOURIST DEVELOPMENT TAX (THE 5TH CENT); PROVIDING FOR NOTICE OF THE REFERENDUM ELECTION; PROVIDING FOR THE REFERENDUM ELECTION PROCEDURE; AND PROVIDING FOR THE SUBSTANCE OF THE MEASURE AND THE BALLOT TITLE AND SUMMARY WHEREAS, Indian River County currently imposes four per cent of tourist development taxes on the renting, leasing or letting for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, rooming house, mobile home park, recreational vehicle park, camping space or condominium for a term of six (6) months or less, per section 125.0104, Florida Statutes; and WHEREAS, pursuant to section 125.0104(3)(n), Florida Statutes, Indian River County is authorized to impose an additional one per cent (I%) of tourist development taxes; and WHEREAS, pursuant to section 125.0104(6), Florida Statutes, an ordinance increasing tourist development taxes may not take effect until the ordinance levying and imposing the tax has been approved in a referendum held at a general election; and WHEREAS, the Board of County Commissioners wishes to impose an additional one per cent (1 %) of tourist development tax in order to provide additional funding for beach renourishment purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: 1. A referendum is hereby called pursuant to sectlon 125.0104(6), Florida Statutes, on the question set forth in this Resolution. 2. The Indian River County Supervisor of Elections is hereby directed to place such question on the ballot of the General Election on November 5, 2024, at which point electors within the County may vote to authorize the Board of County Commissioners to impose an additional cent of tourist development tax. 3. In accordance with section 100.342, Florida Statutes, the Board of County Commissioners are hereby authorized and directed to place a notice of the referendum election in a newspaper of general circulation published in Indian River County, or publication on the county's website as provided in section 50.0311 or the supervisor's website, as applicable. The publication shall be made at least 30 days prior to the referendum election and shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held. The notice of referendum shall be substantially in the form provided in the attached Exhibit "K. 4. Pursuant to section 125.0104, Florida Statutes, the ballots to be used in the referendum election shall be substantially in the following form: 431 -River County T ►?ax for Beach Rem RESOLUTION NO. 2.02 -4 - EXHIBIT "A" NOTICE OF REFERENDUM PURSUANT TO FLORIDA STATUTE 125.0904, REQUIRING A PROPOSED INCREASE OF THE TOURIST DEVELOPMENT TAX BE PLACED ON THE UPCOMING GENERAL ELECTION ON NOVEMBER 5, 2024 IN INDIAN RIVER COUNTY, FLORIDA. NOTICE IS HEREBY GIVEN that a referendum will be held on November 5, 2024 in Indian River County, Florida, to consider authorizing the Board of County Commissioners to amend Chapter 210 (Tourist Development Tax) of the code of Indian River County, Florida in order to impose an additional one per cent (1 %) of tourist development taxes; all as more specifically described and provided in a resolution of the Board of County Commissioners of Indian River County, Florida, adopted July 2, 2024, entitled: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, TO CALL FOR A REFERENDUM TO BE PLACED ON THE BALLOT OF THE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 2024, TO DETERMINE IF THE ELECTORS OF INDIAN RIVER COUNTY,- FLORIDA AUTHORIZE AMENDING CHAPTER 290 (TOURIST DEVELOPMENT TAX) OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, IN ORDER TO IMPOSE AN ADDITIONAL ONE PER CENT (1%) TOURIST DEVELOPMENT TAX (THE 5TH CENT); PROVIDING FOR NOTICE OF THE REFERENDUM ELECTION; PROVIDING FOR THE REFERENDUM ELECTION PROCEDURE; AND PROVIDING FOR THE SUBSTANCE OF THE MEASURE AND THE BALLOT TITLE AND SUMMARY The resolution may be inspected by the public during regular business hours (8:30 a.m. to 5:00 p.m., Monday through Friday) at the Office of the Clerk to the Board of County Commissioners located on the second floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida; or alternatively at www.indianriver.gov. All qualified electors residing within the County shall be entitled, qualified, and permitted to vote at the referendum, which will be held during the General Election on November 5, 2024. The polls will be open at the voting places on the date of the referendum, and absentee voting and early voting will be available for the referendum. 3 433 William K. DeBraal, County Attorney Susan J. Prado, Deputy County Attorney /3B Ofce o, f Attorneys Matters 07/02/2024 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners FROM: William K. DeBraal, County Attorney DATE: June 25, 2024 SUBJECT: 74' Avenue Property Exchange 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 st Street SW and 5th Street SW, private property lies to the west of the canal, then there is a 20 -foot gap, and then 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. The County maintains 74' Avenue between 1 st Street SW and 5th Street SW as a two lane, paved, public roadway. 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 effected property owners are Pellegrino and Michelle Barone (Barone), Oslo Road Agriculture, LLC (Oslo) and Beale Holdings, Inc. (Beale). The County has prepared the attached Property Exchange Agreement and approving Resolution in order for the parcels to be exchanged. The Parties will exchange Quit Claim Deeds as provided in the Agreement for equal amounts of property and the County will record the deeds with the corrected legal descriptions. Pursuant to Florida Statutes §125.37 the proposed exchange was published in the local newspaper once a week for at least two weeks before the Board can adopt the Resolution authorizing the exchange. Approval for permission to advertise this proposed exchange was heard by the Board on June 18, 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. 434 7411 Avenue Property Exchange June 25, 2024 Page 2 Recommendation. Staff recommends the Board of County Commissioners approve the Property Exchange Agreement with Pellegrino and Michelle Barone, Oslo Road Agriculture, LLC and Beale Holdings, Inc., approve the accompanying Resolution and authorize the Chairman to execute the Agreement and Resolution together with authorizing the signature of any deeds or document needed to complete the Exchange. 435 a Q �Nb LLI w tr cc o z LLO J o Oww 2 Z Q DU OUti N U r O � C) w 0 J Z Q W Wm Z O z z g w �00 g V) = w a >� a0 N NNZ www wLL. w = O Z � Q o a W V W mM LL- a w _� ¢ N a_ CLOQQ Z Z mw U0h Z Q a L- wU F U w w w ¢ 0 W Q W U Z (n U O O `� LL- aW-i a z a N H Q O U p z O ¢ ta LAJ0) :D Z0.0 O �" z < Z N Ow0 ¢ o L a 1 z N �M 0M ��li o o = O 0 (L Q V) z L a t" z z= LL - CL �li O z Z Q O Q cnw UJ Oz �' N 0 0 3 0-3 3 �Z0 a0oz X:p N i �� w� o z � oz _ f N () F- w a o Y� �0� J O ao � 0 w Z O- 0EL z ~ Z� fl II p 0 =..Z z Of z w II U m N ES Of W O w W C) \ wF� v1 �O OY- p �� d a w 0 Z BO O zo OU Uir � Z 0 ¢ w oa y� w� QRZ w i w F- J w Q N g Z U Z a Z 1 z0. 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Q Uw U_ cc: LLJ N > > O z t) F F�-p0LLI Q pZ N pi pa or o oU ��a m a as o �S2 CL wU Li �1- lLa tom¢ a< LL. m w Q -i w X a p�"�'� 0 O Ow oa m c� Z a ¢ oo 00 z m 2 ri i W Z c H> Ll— Z U U� wm U aeli ,; 11 � � m ¢ O a g^ p Ow� NOf w Cita O g U w Z xcr x pz N N o -' a 0: N aZU Lr]Zrt- Q Na �� Nw z 11 V II II li OQH Q Z f- wd w I w� t4o1 a- w w_ - D Z0Z z x¢ s Y w x Vr vs ti �j m J Q z 4 Z U Q U rM H u� i- S r W m tr m LaJ D Q 00 z o a U to a t Z o C i rri �r REAL ESTATE EXCHANGE AGREEMENT Between INDIAN RIVER COUNTY AND PELLEGRINO AND MICHELLE BARONE, OSLO ROAD AGRICULTURE, LLC AND BEALE HOLDINGS, INC. This Real Estate Exchange Agreement (Agreement) entered into this day of July, 2024 between Indian River County, a political subdivision of the State of Florida ("the County') 1801 27th Street, Vero Beach, Florida 32960; and Pellegrino and Michelle Barone (Barone), Oslo Road Agriculture, LLC (Oslo) and Beale Holdings, Inc. (Beale). WHEREAS, the County maintains 74' Avenue between 1St Street SW and 5th Street SW as a two lane, paved, public roadway; and WHEREAS, the Lateral C Canal runs along the eastern edge of 74th Avenue between 1st Street SW and 5th Street SW with 100 feet of right-of-way that contains the canal and 74th Avenue; and WHEREAS, Barone, Oslo and Beale own parcels of land adjacent to the west edge of 74th Avenue between 1St Street SW and 5th Street SW and those parcels run parallel to 74th Avenue; and WHEREAS, in 1956, a dedication of property was recorded that incorrectly described the location of the canal right-of-way along 74th Avenue, so that the canal and road right-of-way extend 30 feet into the Barone, Oslo and Beale parcels and creates a gap or hiatus within the 100 foot wide canal right-of-way; and WHEREAS, in order to resolve the erroneous 1956 dedication, the County has offered to exchange its interest in -the 30 -foot wide gap in the canal right -of -;way in exchange for the 30 - foot encroachment into the Barone, Oslo and Beale properties; and WHEREAS, the County and Barone, Oslo and Beale hereby agree to an exchange of their interests in a portion of their respective properties; and WHEREAS, the parties agree to an exchange of Quit Claim Deeds that will convey any and all interests the Parties may have to the other Party(s); and WHEREAS, this Exchange Agreement is subject to final approval by the Indian River County Board of County Commissioners (BCC) through the adoption of a Resolution. Such an exchange is allowed under Section 125.37, Florida Statutes. Notice is required to be published once a week for two weeks before consideration by the BCC. NOW THEREFORE, in consideration of the mutual terms, conditions, promises and covenants hereinafter, Barone, Oslo and Beale and the County agree as follows: 438 1. The above recitals are true and correct and incorporated by reference into this agreement. 2. Barone agrees to convey to the County a parcel of property located on the west side of the Lateral C Canal along 74th Avenue, consisting of 78,408 square feet (1.80 acres). 3. Oslo agrees to convey to the County a 35,811 square foot (0.82 acres) parcel of property to the County. Said parcel is located on the west side of the Lateral C Canal along 74th Avenue. 4. Beale agrees to convey to the County a 37,495 square foot (0.86 acres) parcel of property to the County. Said parcel is located on the west side of the Lateral C Canal along 74th Avenue. 5. At the same time, the County agrees to convey to Barone, a portion of property west of 74th Avenue between 1st Street SW and 5th Street SW consisting of 78,408 square feet (1.80 acres). 6. At the same time, the County agrees to convey to Oslo, a portion of property west of 74th Avenue between 1st Street SW and 5th Street SW consisting of 35,811 square feet (0.82 acres). 7. At the same time, the County agrees to convey to Beale a portion of property west of 74th Avenue between 1 st Street SW and 5th Street SW consisting of 37,493 square feet (0.86 acres). 8. All of the above conveyances shall be made via Quit Claim Deed, with the County responsible for the cost of recording those deeds. 9. If Barone, Oslo and/or Beale are required to obtain a partial release of mortgage on their _property they convey to the County; the .County will agree that the partial release may be held in escrow until the closing of this exchange. 10. Barone, Oslo and Beale shall remove any of their personal property from the property conveyed to the County prior to the date of Closing. 11. The County shall be responsible for preparation of the Quit Claim Deeds and the sketch and legal descriptions of the parcels to be conveyed. 12. Barone, Oslo and Beale shall pay the following expenses at or prior to Closing: a. Property taxes, if any, prorated to the Closing date. 13. In the event a dispute arises over this agreement, Barone, Oslo and Beale and the County shall each pay their own attorneys' fees and costs. 439 IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. Pellegrino and Michelle Barone Date Signed: Pellegrino Barone Date Signed: Michelle Barone Witness: Sign: Print name: _ Print Address: Witness: Sign: Print name: _ Print Address: STATE OF FLORIDA COUNTY OF INDIAN RIVER ~ The foregoing instrument was acknowledged before me this day of , 2024, by Pellegrino and Michelle Barone, who are personally known to me or produced as identification. NOTARY PUBLIC printed name: SEAL: Commission No.: Commission Expiration: 441 IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. Oslo Road Agriculture, LLC Date Signed: Reed C. Knight, Member Witness: Sign: Print name: _ Print Address: Witness: Sign: Print name: _ Print Address: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of , 2024, by Reed C. Knight, Member of Oslo Road Agriculture, LLC, who is personally known to me: or produced as identification. ... SEAL: NOTARY PUBLIC printed name: Commission No.: Commission Expiration: IN WITNESS WHEREOF, the undersigned have executed this Exchange as of the date first set forth above. Beale Holdings, Inc. Date Signed: Joseph E. Beale, Jr., President Witness: Sign: Print name: _ Print Address: Witness: Sign: Print name: _ Print Address: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this day of 2024, by Joseph E. Beale, Jr., as President of Beale Holdings, Inc., who is personally known to me or produced as identification. NOTARY PUBLIC printed name: SEAL: Commission No.: Commission Expiration: 443 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, APPROVING AN EXCHANGE OF LAND WITH PELLEGRINO AND MICHELLE BARONE, OSLO ROAD AGRICULTURE, LLC AND BEALE HOLDINGS, INC. WHEREAS, Pellegrino and Michelle Barone (Barone), Oslo Road Agriculture, LLC (Oslo) and Beale Holdings, Inc. (Beale)., are the owners of real property located along the western edge of 74th Avenue between 1St Street SW and 5th Street SW, Vero Beach, Indian River County; and WHEREAS, Indian River County (County), a political subdivision of the State of Florida, the County maintains 74th Avenue between 1St Street SW and 5t1 Street SW as a two lane, paved, public roadway; and WHEREAS, the Lateral C Canal runs along the eastern edge of 74th Avenue between 1St Street SW and 5th Street SW with 100 feet of right-of-way that contains the canal, 74th Avenue and a 30 foot wide gap along 74th Avenue -,and WHEREAS, it is the opinion of the Board of County Commissioners that the County's interest in the 30 foot wide gap is not needed for County purposes; and WHEREAS, it is in the best interest of the County that such property be exchanged for other real property, which the County desires to acquire for County purposes; and WHEREAS, the County plants future utility installation that will require the utilization of 74th Avenue right-of-way; and WHEREAS, the terms and conditions of the proposed exchange were noticed in the newspaper once a week for two weeks pursuant to Florida Statute 125.37, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Exchange Agreement between Indian River County, Florida, Pellegrino and Michelle Barone, Oslo Road Agriculture, LLC and Beale Holdings, Inc. is hereby approved and Chairman is authorized to execute the Agreement and any deeds or documents necessary to effectuate the exchange. 1 II I RESOLUTOW 140,2024- *WcalIQ norms PO, Barr 011",Onc*0011, OH 3-22444 GANNETT AFFIDAVIT OF PUBLI I � �» MCS WWI* Waterik Cmity dpi s Office' IARme" t� JUL 0 3 2024 1,801 27Thi S Vao Head FL 32%0-3399 � STATE OF WISCONSIN, COUNTY OF BROW 'W Before the undersigned authority personally Via , � _. .. says• that tie 0 she lithe Le W MW ' '1 isin� *WesentWve of the Indian River Press Mn"WR Lude clews Tribune/Stuart Nears, newspapers published in Indian ' •,�• ,. ; «••, RWer/St Ludt/Martin Counties, Florida; that the Attagched raapyr of aadvertIsement being a Legal Ad in the matter of public "Ices, was published on the publicly accessible «•• �•• webAft of Indian River/k: Lucle/Martin Counties, Florlds, or in a:neuvspaper by print in the issues of, rangy QVI2024, &6/28/'21324 Afflant further says'thgt the website .or newsimper cornplies ��,"% with all legal requirements for publication In chapter 50, Amada Statutes. Subscritaatd acrd sworn to before me, by the legal Berk, who Is personally known tp:trre, carr136/28/20 24 Nom, Stm of W1. Cmaty ofBrown 902 pm�yy i. exp PubkefimCosL Sr .(i.. Fax Am�t 10-00 i� Orc N a. 1 43 Amer W. 1126303 1 P©#` 7r Ave Property Ex THIS IS NOT AN INVOICE! FEITY otary Public [IKAITLYN e 0f Wisconsin Page 1 of 1 1 t,58.4 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 13, 2024 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Approval of FY 2025 Annual Adjustment Requests by Waste Management, Atlas Organics, and Indian River Sustainability Center Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) Board has the following agreements with contractual partners that include an annual adjustment clause: Waste Management Inc. of Florida (WM) - On April 21, 2015, the SWDD Board entered into a Franchise Agreement for the Solid Waste and Recyclables Collection with WM. WM started providing services on October 1, 2015. Article 16 of the Franchise Agreement provides for the compensation provision of the services specified in the referenced Exhibit 1, along with a Consumer Price Index (CPI) rate adjustment process specified in the referenced Exhibit 4 of said agreement. Per Amendment No. 1 to the Franchise Agreement, dated October 4, 2016, the maximum rate adjustment was limited to 3%. Furthermore, on January 9, 2018, SWDD entered into a Recycling Services at Government Buildings and Facilities Agreement with WM. Article 4 of this agreement provides for the compensation provision of the services specified in the referenced Exhibit A, along with a CPI rate adjustment process specified in the referenced Exhibit B of said agreement. On April 7, 2020, a First Amendment to this Agreement was approved by the SWDD Board to extend the due date for the annual rate adjustment from April 30th to June 1st. Article 4 of the Agreement provides for the compensation provision of the services specified in the referenced Exhibit A, along with a rate adjustment process specified in the referenced Exhibit B of said agreement with the maximum rate adjustment limited to 3%. Atlas Organics Indian River, LLC (Atlas) - On November 19, 2019, the SWDD Board authorized the Yard Waste Processing and Disposal Services Agreement with Atlas for a period of 10 years. This agreement commenced on January 1, 2020, and approved the rates for processing of yard waste and the recycling of the yard waste. Article 4 of this agreement provides a CPI rate adjustment process specified in the referenced Exhibit A of said agreement with the maximum rate adjustment limited to 3%. Indian River Sustainability Center, LLC (IRSC) - On July 13, 2021, the SWDD Board approved the Wastewater Treatment Agreement between SWDD and the IRSC. This agreement is for the design, construction, and operation of a 30,000 gallon per day (GPD) Wastewater Treatment Plant (i.e., Evaporator). Section 4.4 of this agreement provides a CPI rate adjustment process specified in the referenced Exhibit F of said agreement with the maximum rate adjustment limited to 3%. b107a265-98ab-49ea-b407-5955b4280b73 4 U 1 of 3 SWDD Item The purpose of this agenda is to obtain SWDD Board input and approval on the Annual adjustments and costs requested by these vendors. Analysis: Staff has received the request from our vendors as shown in the table below and is requesting SWDD Board input and approval. Staff supports WM's request for a 2.47% increase for both the residential collection and the government recycling collection, recognizing that this is the final increase for both agreements. Staff have met with Atlas to discuss their request for a simplified pricing structure and have negotiated with them in good faith that if the Board were to approve the request that a future amendment would be required. In addition, staff have negotiated that Atlas would provide all costs associated with the expansion of the yard waste site by an additional 1.5 acres and make the necessary site improvements valued by staff at approximately $250,000. This additional improved capacity would provide more space in case of major storms or hurricanes. Based on these discussions and the continued expansion of Atlas's compost operations in Indian River County, staff supports their request. Staff are actively engaged with IRSC and recognize the efforts that have been made to maximize efficiency of the leachate evaporation system. IRSC has provided extensive evaluations of the increase in their chemical costs and the steps that they have taken to explore options. Given that our leachate quality is at higher concentrations than allowed by our agreement, staff supports the request by IRSC for a 3.44% CPI increase as well as a $0.009 per gallon adjustment per tier to adjust the contractual leachate parameters to actual operating conditions and to operate at 95% contractual efficiency. Funding: WM RESIDENTIAL RECYCLING AND GOVERNMENT RECYCLING: The majority of the services provided in the Franchise Agreement are directly paid for by residential subscription customers or by commercial customers. The exception is the payment for the residential recycling services, which is paid to WM by SWDD. Similarly, WM provides the recycling services for government buildings and facilities, which is also paid to WM by SWDD. Funding for both recycling services, bl07a265-98ab-49ea-b407-5955b428Ob73 4"e 2 of Contract Allowance Vendor Request CPI % Maximum Staff Vendor Change CPI % per CPI % Collar Date from Prior Contract per CPI % Received Recommendation Year Contract WM - Residential Recycling 3.29% 2.47% (a) 3.00% 2.47% 5/24/2024 2.47% Collections WM - Govt Recycling Collections 3.29% 2.47% (a) 3.00% 2.47% 5/24/2024 2.47% 3.32% 2.49%(-) 3.00% 2.49% 5/24/2024 - Atlas Amendment to a simplified pricing structure with 24% Approve the cost increase with a 1.5 acre in site improvements 5/24/2024 valued at $250,000. request IRSC 3.44% 2.58% Ibj 13.00% 3.44% Icl 5/29/2024 3.44% (a) CPI South for Urban Wage Earners and Clerical Workers; April to April at 75% change in CPI. (b) CPI South Urban Consumers, All Items, January to January at 75% change in CPI. (c) Plus $0.009 per gallon for Chemical adjustment Staff supports WM's request for a 2.47% increase for both the residential collection and the government recycling collection, recognizing that this is the final increase for both agreements. Staff have met with Atlas to discuss their request for a simplified pricing structure and have negotiated with them in good faith that if the Board were to approve the request that a future amendment would be required. In addition, staff have negotiated that Atlas would provide all costs associated with the expansion of the yard waste site by an additional 1.5 acres and make the necessary site improvements valued by staff at approximately $250,000. This additional improved capacity would provide more space in case of major storms or hurricanes. Based on these discussions and the continued expansion of Atlas's compost operations in Indian River County, staff supports their request. Staff are actively engaged with IRSC and recognize the efforts that have been made to maximize efficiency of the leachate evaporation system. IRSC has provided extensive evaluations of the increase in their chemical costs and the steps that they have taken to explore options. Given that our leachate quality is at higher concentrations than allowed by our agreement, staff supports the request by IRSC for a 3.44% CPI increase as well as a $0.009 per gallon adjustment per tier to adjust the contractual leachate parameters to actual operating conditions and to operate at 95% contractual efficiency. Funding: WM RESIDENTIAL RECYCLING AND GOVERNMENT RECYCLING: The majority of the services provided in the Franchise Agreement are directly paid for by residential subscription customers or by commercial customers. The exception is the payment for the residential recycling services, which is paid to WM by SWDD. Similarly, WM provides the recycling services for government buildings and facilities, which is also paid to WM by SWDD. Funding for both recycling services, bl07a265-98ab-49ea-b407-5955b428Ob73 4"e 2 of SWDD Item in the amount of $3,200,000, is budgeted in the SWDD recycling account for FY 2024/2025 under SWDD/CC & Recycling/Other Contractual Services, Account No. 41125534-033490, which is funded from SWDD assessments and user fees. ATLAS ORGANICS—YARD WASTE RECYCLING: Funding for yard waste processing for FY2024/2025 is budgeted and available in the SWDD/CC & Recycling/Other Professional Services account, number 41125534-033190 in the amount of $2,845,300, which is funded from SWDD assessments and user fees. INDIAN RIVER SUSTAINABILITY CENTER: Funding for the SWDD leachate treatment project for FY2024/2025 is budgeted and available in the SWDD /Landfill/Leachate Evaporator Expenses account, number 41121734-033493 in the amount of $2,491,300, in the SWDD Landfill Fund, which is funded from SWDD assessments and user fees. VENDOR DESCRIPTION ACCOUNT AMOUNT WM - Recycling SWDD/CC & Recycling/Other Contractual 41125534-033490 $3,200,000 Collections Services SWDD/CC & Recycling/Other Professional Atlas 41125534-033190 $2,845,300 Services IRSC SWDD/Landfill/Leachate Evaporator Expenses 41121734-033493 $2,491,000 Recommendation: Solid Waste Disposal District staff recommends that the Board approve the calculated Consumer Price Index of 2.47% be granted to Waste Management, Inc. of Florida with a 3.44% CPI allowance and a $0.009 per gallon chemical adjustment for Indian River Sustainability Center, LLC, and approve staff recommendation to accept the simplified pricing structure as proposed by Atlas Organics Indian River, LLC, authorize the County Administrator or his designee to send a letter of approval. Attachment: 1. Rate Adjustment Letters from Waste Management 2. Rate Adjustment Letter from Atlas 3. Rate Adjustment Letter from IRSC bl07a265-98ab-49ea-b407-5955b428Ob73 4 U 3 of W May 24, 2024 Mr. John Titkanich County Administrator Indian River County 1801 27th St. Vero Beach, FL 32960 Re: 2024 Annual CPI Notice — IRC Facilities Contract Dear Mr. Titkanich: Deborah A. Perez Government Affairs Manager WASTE MANAGEMENT INC. OF FLORIDA 4310 77`h St. Vero Beach, FL 32960 772-413-9997 dperez@wm.com Via Email WM appreciates the opportunity to provide solid waste collection services to Indian River County In accordance with article 4.04 B Amended; Waste Management Inc. of Florida, is submitting this notice for the annual rate adjustment to reflect changes in the cost of doing business. These new rates would go into effect on October 01, 2024. Utilizing the common industry Price Increase Index of CPI -U, 75% of the full adjustment amount of 3.29%, would make it 2.47%. We respectfully request consideration of the 2.47% CPI, effective October 1, 2024. Backup information is included for your review. We value and thank you for the privilege of serving the residents and businesses of Indian River County. Please feel free to contact me at (407) 466-4079 if you have any questions. Thank you. Z�&ta"� 4. Ae&g Deborah A. Perez Government Affairs Manager Cc: Himanshu Mehta, PE, IRC Solid Waste Director, IRC Sean Lieske, IRC Public Works Director Chris Rodriguez, District Manager, WM D 449 Indian River County Facilities Recycle Agreement Effective 10/1/2024 SIZE OF CONTAINER UNIT COST Frequency UNITS) SERVICE 64 - gallon $ 28.22 1x/Week per cart 2 cu yd $ 45.15 1x/Week percont 4 cu yd $ 96.83 1x/Week percont 6 cu yd $ 139.98 1x/Week percont 8 cu yd $ 187.39 1x/Week percont Specialty Service* $ 84.66 Each Svc. peraccount 5/24/2024 11:06 AM Indian River County Facilities October 2024 75% CPI 4�Oge 1 u (o in i Q 3 O r m V m N (O N V V r N O N O O (O r W U) C (D N t O N to (D M m O N - "? 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M N N M M V V (O m m N N N N N N N N N N (D M V m (O f.- (O m .. y O O V m mm (D M (D N mrll� m V N M (O N M N M h M N m N O (O O N N N M M V V (O m m N N N N N N N N N N - -- - - m OD (O N O 00 m r M (D M n 0U) w m M (D V N m (O m m (O M (O m e m V' m to r- N OD N N (D O O V1 m t` N N N M M Vm r m(D N N N N N N N N N N M - - to to 00 O co (D r� N N m In . r- M N � M r- V r V (D mm m m M O N O (D r - (O h m m e- t` M (O O m N N N M M V V' M r 00 m N N N N N N N N N N N II O I M O m l0 l0 O M N r` W M C N 00 aJ V m M N f` M m 0 cD O V M N OD m7 (O O M nu rCO a co v Lo — (o m (n w r-- w N N N M M M V V r O m N r ❑ U a Q N N N N N N N N N N N -O — C — Ll L U n LL V V N(D00 M M m N u (O M (O (O r -M r w (O (O in N N N M M M V V (D m m N N N N N N N N N N N io `o m J O 7 ra 7 [0 N ((f b r 00 Qi O N M 7 N N N N N 0 O > O O O O 0 N N N N 0 N N N N N N N N N N N H DocuSign Envelope ID: 6198DC1B-CAF8-4879-999F-2D23EB2208BD GGENERATE UPCYCLE May 24, 2024 Mr. Himanshu Mehta Indian River County Solid Waste Disposal District 1325 741` Ave. Vero Beach, FL 32968 RE: Yard Waste Processing and Recycling Services Agreement, dated November 19, 2019, between Atlas Organics CU03, LLC and Indian River County Solid Waste Disposal District Dear Mr. Mehta: Reference is made to the Yard Waste Processing and Recycling Services Agreement, dated November 19, 2019 (the "Agreement'), between Atlas Organics Indian CU03, LLC ("Atlas") and Indian River County Solid Waste Disposal District (the "County"). Capitalized terms used in this letter but not defined have the meanings set forth in the Agreement. L Pronosed Amendment Atlas is proposing to mutually agree with the County to amend the pricing terms of the Agreement as follows: (1) The existing pricing structure in Section 3.01 of the Agreement would be replaced by a simplified pricing structure under which the County would pay Atlas a flat fee of $31.50/ton for the Processing and Transportation and Recycling of Yard Waste. This single, flat fee would replace the existing three -tiered structure under which (i) the County pays Atlas $12.65/ton for Processing of Yard Waste Received at the Yard Waste Facility, (ii) the County pays Atlas $13.71 for the Transportation and Recycling of Yard Waste and (iii) Atlas rebates $13.71/ton of Overs collected from the Compost Facility. (2) The flat fee would be subject to annual adjustment as set forth in Section 4.03 of the existing Agreement. Atlas believes this proposed pricing structure would simplify the administration of the Agreement and benefit both Atlas and the County on a going forward basis. H Annual Price Adjustment Request Although Atlas has proposed amending the Agreement to simplify the pricing structure, Atlas desires to reserve its rights under Section 4.03 of the Agreement to obtain an annual rate adjustment under the current pricing structure. Accordingly, pursuant to Section 4.03 of the Agreement, Atlas hereby requests the following annual rate adjustments, in each case effective as of October 1, 2024: (1) For Processing of Yard Waste received at the Yard Waste Facility, an increase from $12.65/ton $13.03/ton; (2) For Transportation and Recycling of Yard Waste, an increase from $13.71/ton to $14.05/ton; and (3) For the amount rebated to the County for each ton of Overs taken for alternative daily cover, an increase from $13.71 /ton to $14.05/ton. 560 DAVIS STREET, SUITE 250, SAN FRANCISCO, CA 94111 GENERATEUPCYCLE.C'OM 452 DocuSign Envelope ID: 6198DC1B-CAF8-4879-999F-2D23EB2208BD Atlas calculated the above price adjustments as follows: • The Consumer Price Index (CPI) for the South Urban Region, All -Items — All Urban Wage Earners and Clerical Workers, published by the U.S. Department of Labor, Department of Labor Statistics (Series ID = CRUR0300SA0), increased from 295.315 in April 2023 to 305.104 in April 2024, a 3.315% year -over - year increase. Note: April 2024 is the most recent month for which the U.S. Bureau of Labor Statistics has published CPI data as of today. • Pursuant to Exhibit A of the Agreement, Atlas multiplied 3.315% by 75%, to yield an adjustment percentage of 2.486%, and applied this percentage to the existing rates. Please let me know if you have any questions concerning the methodology for Atlas' calculation of the requested rate adjustment. Atlas looks forward to our continued partnership with the County. ATLAS ORGANICS CU03, LLC By:[DocuSiigneddby:: � L5 . - I W, Name: 0109iginburg Title: VP, Operations Generate Upcycle 2 453 N D t1 A NN RR I VE R Qn�}"'p 831 Park Ave Site A Sustainability Center Murfreesboro, TN 37130 June 14, 2024 TO: Sean Lieske, Public Utilities Director, IRC Himanshu Mehta, PE., Managing Director, IRC - SWDD FROM: Ram Natarajan, PE., Indian River Sustainability Center (IRSC) CC: Ron Jones., BSCE, A.M. ASCE. — Asst. Managing Director, IRC — SWDD David Allworth & David Howard - Heartland Water Technology, Inc. Alain Castro & Craig Gontkovic SUBJECT: IRSC Leachate Evaporation Project: 2024 CPI Adjustment & Chemical Cost Recovery Indian River Sustainability Center (IRSC) appreciates the opportunity to partner with Indian River County (District) in managing leachate at the District's Landfill. We are committed to continuing this collaboration and providing exceptional service to your residents. In accordance with our Wastewater Treatment Services Agreement between IRSC and the District dated July 13, 2021, as amended (the "Contract"), IRSC is submitting this notice to address the following topics: • 2024 annual CPI adjustment to reflect changes in the cost of doing business. • Contract exceedances of leachate water quality and related treatment challenges that have materially impacted IRSC's operational costs. CPI Adiustment - Backeround and Analvsis The Contract specifies the South Urban Region, All Items -All Urban Consumers (CPI -U) index (Series ID = CUUR0300SA0) published by the U.S. Department of Labor for calculating annual inflation adjustments. The Contract further provides that the CPI/inflationary adjustment should be based on seventy-five percent (75%) of the change in the CPI between the prior year's January (CP11) and the current year's January (CP12), which equates to 2.58%, with a cap of 3%. Throughout 2023 and into 2024, the U.S. economy has been experiencing the unexpected adverse impacts of inflation caused in large part by an economy re-emerging from COVID-19 but hampered by increasing supplies and material costs and supply chain constraints. These include, without limitation, increases in the cost of spares and shipping, higher operating costs, and significant expenses due to inflation and increased chemical costs. As just one example, the price of the chemicals needed to treat off spec leachate has increased more than 400% over the past 12 months. Since our last CPI adjustment, IRSC's operations have absorbed an Annual Inflation Impact of 3.44% (based on the change in CPI from January 2023 through January 2024) which is reflected in our Recommended Approach outlined below. 454 INDIAN RIVER Sustainability 12 ---------------------------- On a separate but related matter, the Contract currently allows for an annual rate adjustment to be calculated and applied starting on April 25th of each year going forward during the Operating Term. The District has submitted a request to IRSC that we amend the Contract in order to align the timing of the annual inflation adjustments with the beginning of the District's fiscal year, which commences on October I" each year. IRSC recognizes that this change would simplify the District's budgeting and rate adjustment processes. CPI Adjustment - Recommended Approach On Alignment of Timing of Annual Inflation Adjustment: IRSC is willing to accommodate the District's request to amend the Contract to provide for the annual inflation adjustments to begin at the beginning of the District's fiscal year, notwithstanding the fact that it result in some financial strain on IRSC. On CPI: Given the factors discussed above, IRSC is respectfully requesting thef011owing tariff adjustments for each leachate treatment tier which would be applied starting as of October 2024 for the following 12 months: Leachate Treatment Tariff Current Contract Adj. for Inflation Adjusted for Impact of Inflation Tier 1 - Up to 18,000 gpd $0.1446 3.44% $0.1496 Tier 2 - 18,001-24,000 gpd $0.1374 3.44% $0.1421 Tier 3 - 24,001+ - 30,000 gpd $0.1300 3.44% $0.1345 Leachate Chemistry and Chemical Cost Compensation - Background and Analysis The Wastewater Treatment Agreement entered into between IRSC and the District on or approximately July 13, 2021, as amended (the "Contract"), specifies the acceptable Wastewater Chemistry Operating Parameters (the "Operating Parameters") of the District's leachate (see Appendix Q. The IRSC Evaporation Plant can cost-effectively process leachate that falls within the Operating Parameters (with a +/-20% tolerance range) to a minimum volume reduction of 95% (the "Volume Reduction Requirement") as set forth in Section 2.2 of the Contract, resulting in approximately 5% residual waste. Since the inception of the Contract, the chemical composition of the District's leachate has consistently deviated from the acceptable Operating Parameters in exceedance of the +/-20% tolerance range. Specifically: (1) The elevated ratio of high organic -based Total Suspended Solids ("TSS") to inorganic solids directly impacts antifoam consumption, and (2) the leachate alkalinity consistently exceeds the Contract limits, adversely affecting acid consumption and leading to foam formation, which subsequently results in the increased use of antifoam. 455 INDIAN RIVER \�= Sustainability :Center 13 IRSC has kept the District informed about the deviation of the leachate quality from the contacted Operating Parameters, and IRSC and the District have tried to address the issue. Together, IRSC and the District have explored solutions such as alternative antifoam trials, modifications to the evaporator models, additional pre-treatment evaluations, and temporarily reducing the volume reduction level below the 95% Volume Reduction Requirement to decrease chemical consumption closer to budgeted levels. A detailed report of IRSC's findings and efforts, including timelines, leachate data, results, and operational cost impacts, is provided in Appendix A. Appendix A also includes on-site and independent lab test results demonstrating the leachate quality variations. Leachate Chemistry and Chemical Cost Compensation - Financial Impact to IRSC The deviation in the leachate quality from the agreed-upon Operating Parameters has resulted in an upsurge in chemical usage, materially increasing IRSC's operating costs beyond what was anticipated in the initial project budget. The cost of the chemicals required to treat the District's off -spec leachate has increased more than 400% over 2023 (see Appendix A for details); IRSC is incurring an extra $0.0252 per gallon of leachate treated, totaling approximately $218,324 compared to the 2023 budget. Leachate Chemistry and Chemical Cost Compensation - Recommended Approach To address the increased ongoing operational costs associated with the deviation in leachate quality, IRSC proposes to implement a chemical consumption surcharge of $0.009 / gallon at 95% volume reduction. Please note, this surcharge which will start in October 2024, does not resolve historical operating and testing costs that were incurred by IRSC in developing a solution to the leachate water quality deviations. IRSC plans to further discuss potential options for recovering chemical costs incurred during the current fiscal year (FY) and will also propose a revised wastewater quality spec based on empirical performance over the next three months utilizing the new Antifoam product. The revised project tariff rate schedule, adjusted for inflation and the chemical consumption surcharge, is as follows: 456 Current Adj. for Adjusted for Chemical Adjusted for Leachate Treatment Tariff Contract Impact of Consumption Chemical Inflation Inflation Surcharge Consumption Tier 1— Up to 18,000 gpd $0.1446 3.44% $0.1496 $0.009 $0.1586 Tier 2 —18,001-24,000 gpd $0.1374 3.44% $0.1421 $0.009 $0.1511 Tier 3 — 24,001+ - 30,000 gpd $0.1300 3.44% $0.1345 $0.009 $0.1435 456 INDIAN RIVER -N= Sustainability Center j4 Conclusion IRSC values its partnership with the District and is committed to providing exceptional leachate treatment services. We have faced considerable financial challenges due to inflation and postponing CPI adjustments to October; and unforeseen financial challenges caused by the leachate quality deviations. We believe the requested adjustments are fair and reasonable in light of these extraordinary circumstances. 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Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Work Order No. 12 to Kimley-Horn for Various Landfill Improvement Projects Descriptions and Conditions: The Solid Waste Disposal District (SWDD) has authorized various landfill improvement projects to Kimley- Horn and Associates, Inc. (KHA) to provide engineering services for the Landfill Gas Pipeline Extension and Skid Improvements project, the Yard Waste Driveway Improvements project, the Leachate Storage Tank improvements project, and the Automated Scale Improvements project. In lieu of requesting amendments to the various projects, staff requested KHA to provide a separate work order to help facilitate the completion and closure of these projects. Staff received Work Order No. 12 from KHA for these additional services and recommends approval from the SWDD Board. Analysis: KHA has prepared Work Order No. 12, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule for each of the tasks. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the Continuing Contract Agreement for Professional Services (CCNA), dated May 2, 2023. PHASE 1 DESCRIPTION TOTAL AMOUNT Task 1 Leachate Tank Control Panel $7,539 Task 2 Yard Waste Driveway Improvements $28,350 Task 3 Automated Scale Improvements $9,744 Task 4 Canal Regrading and Permitting $19,362 Task 5 Swale Modifications and Permitting $47,628 Task 6 SCADA Coordination (Not -to -Exceed) $10,836 TOTAL = $123,459 b5dd5bOc-9a0d-4813-ade5-9860cde8ea99 Page 1 of 2 477 SWDD Item Funding: Funding forth evarious SWDD landfill improvement projects totaling $123,459 are budgeted and available as described below. The leachate tank control panel work will be recorded in the SWDD/Leachate Pre -Treatment System account, number 411-169000-19507, for a total amount of $7,539, which is funded from SWDD assessments and user fees. The yard waste driveway improvements, canal regrading and permitting, and swale modifications and permitting work will be recorded in the SWDD/Landfill Interior Roadway/Drainage account, number 411- 169000-20031, for a total amount of $95,340, which is funded from SWDD assessments and user fees. The automated scale improvement work will be recorded in the SWDD/Landfill Automated Scale System account, number 411-169000-22001, for a total amount of $9,744, which is funded from SWDD assessments and user.fees. The Landfill Gas Flare Skid Improvements are considered a "closure activity" and, as such, is funded from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements, SWDD/Accrued Closure — I, II & Infill account, number 411-239006, for $10,836. Account Name Account Number Amount SWDD/WIP/Leachate Pre -Treatment System 411-169000-19507 $7,539 SWDD/Landfill Interior Roadway/Drainage 411-169000-20031 $95,340 SWDD/WIP/Landfill Automated Scale System 411-169000-22001 $9,744 SWDD/Accrued Closure — I, II & Infill (Escrow) 411-239006 $10,836 Total $123,459 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Work Order No. 12 with Kimley- Horn and Associates, Inc. for $123,459, to provide engineering services related to the various landfill improvement projects; and authorize the Chairman to execute the same, as presented. Attachment: Work Order No. 12 — KHA b5dd5bOc-9a0d-4813-ade5-9860cde8ea99 Page 2 of 2 478 Work Order Number 12 LANDFILL IMPROVEMENTS ADDITIONAL DESIGN, PERMITTING AND SERVICES DURING CONSTRUCTION EXHIBIT A SCOPE OF WORK PROJECT UNDERSTANDING Indian River County (County) solid waste disposal district (SWDD) previously authorized Kimley-Horn and Associates, Inc. (Consultant) to prepare the design and permitting documents associated with various improvements on the landfill property. In the fall of 2023, the County advertised for bids on the improvement projects, and no bids were received. The County has now proceeded with utilizing a contractor on an existing labor contract to complete the construction. The Consultant was previously authorized for construction phase services associated with several of the improvements. As the projects were segmented and are currently partially constructed, additional services are needed to complete the balance of the construction phase. The following scope of services provides for engineering services during construction to include shop drawing reviews, field observation services, responses to contractor requests for information/clarification, and project closeout associated with: 1. Leachate tank control panel installation, startup, testing. 2. Yard waste driveway improvements 3. Automated scale improvements (supplemental) In addition, the Consultant is providing general services during construction for the landfill gas skid installation under separate authorization; the automated scale improvements are partially funded under a separate authorization. The additional coordination with the scale supplier and their contractor/site visits to coordinate has taken a small portion of that prior authorization to complete to date. Therefore, this Scope of Services includes additional effort to complete that original scope. The Consultant will review pay applications from each contractor on behalf of the County and provide recommendation for payment or justification for rejection. The Consultant will participate in a substantial completion walkthrough at the appropriate point of construction and generate a punch list, if applicable, to be addressed by the appropriate contractor, as well as conduct a final walkthrough to observe that each punch list item has been satisfactorily completed. Consultant will not supervise, direct, or control Contractor's work, and will not have authority to stop the Work or responsibility for the means, methods, techniques, equipment choice and use, schedules, or procedures of construction selected by Contractor, for safety programs incident to Contractor's work, or for failure of Contractor to comply with laws. Consultant does not Page 1 of 6 480 guarantee Contractor's performance and has no responsibility for Contractor's failure to perform in accordance with the Contract Documents. The Indian River Farms Water Control District (IRFWCD) has requested that the previously permitted canal crossing be modified to separate ownership of the proposed carrier pipes between SWDD and NoPetro. In that process, IRFWCD also requested that the permit be modified to include additional regrading of the canal's north bank within the project extents. The process of splitting the previously issued permit brought to light the IRFWCD's request for the piped crossing to be changed from a 43" elliptical reinforced concrete pipe (ERCP) to 48" ERCP. This supplemental Work Order includes the redesign of the north bank of the project and the associated permitting coordination, as well as the minor regrading of the crossing to reflect the higher pipe. SWDD has also requested assistance with reconfiguring the drainage swale and canal outfall on the north side of the canal along the western edge of the yard waste processing area to resolve the conflict between the current swale and the NoPetro utility easement. This design and permitting is also included herein. SCOPE OF SERVICES Task 1: Leachate Tank Control Panel Prior authorization included the design, permitting, and construction associated with converting an existing centrate tank to a tank suitable for storing leachate associated with the newly completed leachate evaporation system. A mixer was installed in the tank, which has not yet been started up. A control panel for the mixer is included in the construction scope of services. Consultant will provide clarifications and respond to contractor questions associated with the construction and installation of the panel, panel components and fiber optic cable to/from the panel. This task will include coordination with the mixer manufacturer for startup and testing upon completion of the panel installation. This task will also include coordination of pulling the fiber optic cable within the previously installed conduit. The duration of this task is anticipated to be no more than 30 days of active construction, with four site visits included. Task 2: Yard Waste Driveway Improvements The prior authorization for the design, permitting and construction of the driveway improvements included services during construction; however, since the piping components were constructed independently of the driveway improvements, additional services are required to accommodate services during construction of the driveway. This task includes the stormwater, paving, grading and carrier pipe improvements associated with the driveway. This task assumes a level of effort of 4 hours per week of field time for the 80 -business day construction duration (16 weeks) estimated by the contractor, as well weekly progress meetings, shop drawing reviews, regulatory coordination, and permit closeout. Task 3: Automated Scale Improvements The County has purchased an additional inbound scale to allow for automated use by contract haulers. The project is fully designed and permitted (separate authorization). The original authorization included services during construction. Over the course of the year or so since the County purchased the scale, the Consultant partially expended the construction budget for scale Page 2 of 6 481 delivery coordination, site visits, building permit support and general coordination. This task supplements the budget spent that was not anticipated in the original scope of services. Task 4: Canal Regrading Design and Permitting This task includes regrading of approximately 540 linear feet of the north IRFWCD canal bank along the extents of the yard waste processing area. IRFWCD has requested a 1:1 slope for maintenance needs, and that SWDD restore the canal cross section to the narrower, original design profile. Survey collected in the prior design effort should be suitable to support this design and therefore, no additional survey is included herein. This task also includes permit coordination with IRFWCD and modification of the existing permits. IRFWCD has indicated that no additional permit fees will be required to facilitate the modification; however, should permit application fees be required, SWDD will pay the fees directly. This task will also include the minor regrading of the canal crossing to accommodate the change from 43" ERCP to 48" ERCP to provide the contractor with proper grading elevations, tie in points and stormwater connection. Task 5: Swale Modification Design and Permitting The County has coordinated a utility easement with NoPetro for the landfill gas line tha twill connect the County's blower skid to NoPetro's renewable natural gas project through the yard waste processing area. The easement that has been identified is in conflict with the County's existing stormwater swale. This task provides for design services to realign the swale and corresponding canal outfall structure to avoid the easement. This task will also include the additional services during construction. Construction is anticipated to span 8 weeks, and the Consultant has included an average of 4 hours per week for site visits, progress meetings, and responding to the Contractor's requests for information or clarification. SWDD will utilize the contractor already on site to perform this work. No bidding services are included. The Consultant will also review shop drawings and pay applications during this period. Task 6: SCADA Coordination (Not -to -Exceed) The County has previously authorized the design of fiber conduit to connect the new blower skid, leachate evaporator and leachate tank, and is in the process of coordinating the installation of the fiber and integration of the equipment into the SCADA system. This task provides for as - needed coordination between the various parties on a not -to -exceed basis (upon County request only). Page 3 of 6 482 RXHTRTT R FEE SCHEDULE Kimley-Horn will perform Tasks 1 through 6 for the total lump sum fee below (Task 6 is Not -to - Exceed). Individual task amounts are informational purposes only. All permitting, application, and similar project fees will be paid directly by the County. Task No. Task Task Fee Task 1 Leachate Tank Control Panel $ 7,539 Task 2 Yard Waste Driveway Improvements $ 28,350 Task 3 Automated Scale Improvements $ 9,744 Task 4 Canal Regrading and Permitting $19,362 Task 5 Swale Modifications and Permitting $ 47,628 Task 6 SCADA Coordination of -to -Exceed $ 10,836 TOTAL LUMP SUM FEE $ 123,459 Lump sum fees will be invoiced monthly based upon the overall percentage of services performed. Payment will be due per the contract terms. ADDITIONAL SERVICES The following services are not included in the Scope of Services for this project but may be required depending on circumstances that may arise during the execution of this project. Additional services may include, but not be limited to the following: • Design or redesign services • Threatened and endangered species services (i.e. gopher tortoise) • Permitting Page 4 of 6 483 le GO le W 0 0 0 0 O o O 0 co 0 00 0 0 ON O o O 0 �0 O 0 00 0 vi o fV O rl' �o o V O o 0 0 CV 0 0 0 o O 6n a n 00 n 00 [� may . Cl N N [- Q\ [ n 00 O M h t- N M M V .. 00 N .•. N .-i to vi [- Oi � -It r- %n �o 00 O 69 61 6) 69 69 69 69 V! vs 69 64 69 69 69 6s 69 K O O O O O O O O O O O O O O O O\ c W O O O O O O O O O O O O O O O l� v O�o n 00 00 v1N 00 N o0 O O� N M 7� N [- g O �• �° V1 A P N M �o N 00 N M 00 h 6s 6s 6s 6s 6s 69 69 bs 6s 6s 69 69 69 69 6s 6s 00 DO DD 00 N DD N A n M l l O o0 N o0 �O ' .--� Nn � 69 64 6s 6s 6s 64 69 69 yj 69 6s 69 69 69 6s 69 0 Q U Q 6s (6 N� 00 N 00 Q 00 M N O 00 ,N..� z V N\O M O 00 6s 69 � 0 0 o v v v o c 00 0 o v v v o v o N 00 r. N O a a a 6s 69 R 7 V N 00 �o 00 N 00 00 00 �o N 4 O O WU�j N M A 00 a m 69 69 o 0 0 o v IT o U `�•. M N nLr'i1 M a v3 vj y ° Gn O y W 6s H 00 w va •„ Q U �v a a°Y tm 0 y O O CL3 U � y H �°•++ 3v 6 A oU3 S te d ° v O A: h h H 'b y .191 b A 0 U . a A A 00 Am PC b " o a 3 366 do dA d .O7viwc�C7 >+k,vi� UA v�C1 U le GO le EXHIBIT C TIME SCHEDULE Project Schedule will be dictated by contractor, but is anticipated to span from May 2024 through November 2024. Page 6 of 6 485 fs6,6 SWDD Agenda Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: June 4, 2024 To: The Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Approval of Solid Waste and Recyclables Collection Franchise Agreement between SWDD and Waste Management, Inc. of Florida Descriptions and Conditions: On May 21, 2024, the Indian River County (IRC) Solid Waste Disposal District (SWDD) held a public noticed meeting and approved staff recommendation for Universal Collection with carted yard waste for unincorporated Indian River County, and with multi -family collection remaining as commercial collection services. In addition, the SWDD Board approved staff recommendation for the award of the Solid Waste and Recycling Collection Franchise to Waste Management, Inc. of Florida (WM) as the proposer ranked in the top two and subsequently submitted the lowest best and final offer for Request for Proposal (RFP) #2024020. As directed by the SWDD Board, staff and our consultant, Kessler Consulting, Inc. (KCI), finalized the draft franchise agreement that was included in the RFP by removing all other RFP level of service options and inserting proper exhibits, where applicable. This contract has been reviewed and approved by WM and is available for approval and execution. Analysis: The term of this franchise agreement is for a period of five (5) years beginning on October 1, 2025, and terminating on September 30, 2030, with an optional additional term of three (3) years, at the sole discretion of SWDD. If renewed, the contract would terminate on September 30, 2028, with a final optional term of two (2) years, upon mutual agreement of both SWDD and WM. If renewed, the final renewal would terminate on September 30, 2030. Upon execution of this agreement, a transition plan will be prepared in accordance with contract provisions. This plan will guide the process to begin new services for residents and businesses. The plan will include town hall meetings, brochures, website, and other educational/outreach elements to help convey the upcoming changes. 43Me768-ceae-48e7-8ea8-0d1bb73tca31 Page 1 486 SWDD Agenda Funding: The funding for solid waste and recycling collection is provided through a combination of SWDD assessments and individual subscription customer payments directly to the franchised haulers. This will vary based on the service option selected. Recommendations: Solid Waste Disposal District (SWDD) staff recommends the Board approve the following: 1. Approve the Solid Waste and Recycling Collection Franchise Agreement between SWDD and Waste Management, Inc. of Florida; and 2. Authorize the chairman to execute the agreement. Attachments: 1. Franchise Agreement with WM (The attachments are available to the public via the IRC Purchasing Division). 43fOe768-ceae48e7-8ea8-Od1bb73fca31 page 2 487 Between Indian River County Solid Waste Disposal Drict rS And Waste Management,, Inc. of Florida "Franchisee") - Indian River County 5014 Waste Disposal alstrici Solid waste and Recyctables Franchise A&Oernent TABLE OF CONTENTS ARIM1. 1EFIHITIONS.�..wf-we..sw.N+awkWhe.�w«.+in..++.!rirYn4.ww+!i..w.ei..we•'...+NNw +wwwn...in.►r...s.»rww.wwwrw.X . .. A4wf: tRm.......wrurr..waa.....w�tM..1HMM�..IK...M...anww.wrw.wrwr.....rwMSMI/FNM.wr.w� NY.�.Y�w..M1iwM.lThNHl.f Is .. . 2.1... Effective 'and Conwr4mcllilllltON1i.....w.w......::.....:.:..:._..w...:...w. r...,.,.30 2.2. Initial Term..........,„[isWw«w.:.:,.w.».........w .x.«:.:w......;»»«..« .......:...�..«»...rw..,.. i�� 2.3 Renewal Option w Customer Service Contract3._w..i.......i..ewwwww..«.«...w..:w:.:.ww.:...ww..:. ARTM 3. EXCLUSIVE AND NON EXCt.LlSIVE SERViCES .w.w.:....,..;ww..L...w»...a.., 3.L EXClusive Services ... .......w...,w..lop ,»..w.M,. w........w«.:..�w...............�..�, .,...:.,..:....,.w..». �»:,�,:.wwlW1 3.2: Non-Exclusive Services,.wwww.....0«,:«....w».»Www...ww....,..w....:w.....:.ww....w.w.:..www....w..«..aw..�..,.11 ARTICLE 4. TM70 SOLID WASTE AND #ECYCLAKE#AAT'ERM ..: ARTICLES. S9A1ii Z TRANSITIONS,.».......,w�,�...�,.....;.�,.�,..w......„.w..,;,..www,.«..«....,k.:.....«.�.w.:..ww...»w..w...w..33 5:1. Transition Prior to Cwapwq>I�3lioet;.:..:......w„w......w.w..w.w..::..:.....w»w»12 5.2. Transition Prior to Exph%*wGfC*bKdw Swvkmw 5.3. Solid Waste Service C��?eW......N.i,.w ......www..,MMwW......{.....w...w}.w..ww.www..s.wW. .,..«.....«:.w....w W..w...ww... ARTICLE i. RESIDENTIAL COLLECTION SERME 6.1. Residential Collection 6.2. Bulk Trash Collection SeMCl::.......wb 6.3. Residential Recyclables Collection Service- 6.4. Rear Door Collection Service......................:.....ww.i...ww.rW...'.+»w.i.....w.......wwuw«.w.....«.....:.ww...a.� 6.5. Residential Supplemental Collections” 6.6. Multi Family Residential Service..w.wwww.....r.;,;.w»..,W;.:.....w«w.......ww....„ww�..�....wxh...w...1i ARiiCLE7. COMMERCIAL COLLECTION SERVICE.._„t,,»;,,,,,�,,,,,,,w;,,.,,„,,,;M,;,�„w�,�,,,,��„ww.;..w,�,,.;.«.,w1$ 73. Service 7.2. General Collection Procedulft 1.3. Comnwdal Recycling..........w.h.sww..K.«ewrb...ww.»..:w.. 7.4. Commercial Supplemental4WNft**:3uiliM. .wiwuwwwwNtWwlMw.� MMwANIw.M..#.J4.M.�.wN..N.As ARTICLE8 HOURS AND HOLIDAYS.,.;.:....:.:.:.:»..w..ww..w.w,.....w»«.«Ws..:...www...»..».�...w.r..,.. .W�w.wMMw.�w.ww+fM. . �+. Coilet:tioa►Mours .rwwwww.wwM .w+sw...w..wrw.wwwww.ww... 9. w wweMl►NVMw.....wr.;nww!....wwrwww.i�' &2. Holidays' ........... w4wi la�w/'Mwr�,ywww..w.�....yq... 8.3. Hours During Closure of Designated Facilities».,......., .www. .:...:..:�w�w,,..w ww„»+..:;»,;:....19 ARTICLE 9, ADDITIONAL SERVICES.:...,ww«,»«......»www.w..w..:..�.:;..w..:. .............„..ww.«».: „„w«; .. N..w.w»..ww.w�..2g . 9.1. Community Cleanups.. r.www...y.w«ww......:w..,+.....«»waw..».w».a««....yp+?.►...+e.,...�....:.1..�..:a.»w.....::..� _ 9.2. Recycling at County Buildings and Facllitiiles.....,,.„,.,,w�... ,w.,.w..,.:..w..�»....w,....„�.w....«....;,..;... 9.3. Public Awareness Program «....Ww._..w.»28 9.4. State and Local Waste Diversion and ARTICLE 10. DESIGNATED}w,....w«Mw.....Mi}i1M.wM)NM.aN..is.wsiww...<�1�IA�w4w.rypwwwwwrwMMw 10.1. Designated g blispillsMfAdWdW.>Lpll`3#liMho4#"1;11eq�iblls,�li'R11�l�r�«.«»»......,.. 10.2 Out-of-County Solid W,�lstB.:.....,.w,.»......._....:.:,;...ri....,....«,..w.......:ww.i:........r�;,.�� ......«..:,.--- Au�... ARTM 11. ROUTES AND SCHEDULES. 11.1. Collection Plan..r.......... w..., ww.»»..«...»....:,:..»w..... :..ww.......w,.-.w.2 . 11.2. Changes in Collection Services+...w..wwwaw. www.wa-w-..w«w«w,.w,.,:...w.+ys..�.i..�....»r.w.w+.. . Indian River CDUgV Solid Waste Disposal District Solid Waste anid Recydabiles Franchise A6mement ARTICLE 12, CONTAINERS,..tl...,,.:w.._M,,,,.tl..„..••w....:.-.«».:.......M.«.........,.«......:.w.:.�. 12.1. Collection Container Specifications.«M..,w.......:..............:....M..«M..MMMw:..:,,,.�«..wwr......,...wr...,2Z . 12.2. Container Type and Distritfutioq..,.,, : :...:::.�..„,.22 NMNSYpw«F,,,,+rwMMM,+«,,,.rY„k«Y' 12.3. Maintenance Repair and Replacement of Containers.......:..:.......* ,.,.,,,..rr ,.,;;,.w.,.;...,1� 12.4. Ownership of Collection Containers.... ...,...._«r r....r2.............:....q,...'N.,,MM.,.....2 ARTICLE 13. VEHICLES AND EQUIPMENT..,..„..»««,........:......r 13.1. General Provislons....... I"..."........... ...w....:..«M....�.M....wr.::__ 23 rw•a.w-wwuarrrNNM W Mysrsww.wwra.s. 13.2, Reserve Vehidnewl Equ0u"tl«r,w,..N..w...:.,.N'....;.......MM...,.w».......,.:.:.:;.Ls: 13.3. Identification MWMMNMMrww..24 13.4. Maintenance and Cleaning...�w:.«.,... w.«ww....................«.........,,,,,,,,.,;;..,,:,,......, .. g 13.5. Right to Inspect Vehicles...---" ,...r_...»....rrw» r ARTICLE I4. COLLECTION PROCEDURES.:......,,..»...25 141. General Collection ProceduM . w..„...�,,,;;,,,,,,,,,,w 14.2. Mixing of Loads of Mater.wtl.s,a...,..._.:..r.,....r... w.:.:»,...w..,rw,:M«...:...:..:.....� «..26 14.3. Non -Collection 14.4. Protection of Private and Public Property „ r.*� •.�� �•••w.•r»wN«.rM,.«,tl„I!, .: ��rw...r.26 14.5. Access to Streets and Collection Containers.rA.:,wr»r.::. 14.6. Safety Program..............w....,r,. _„w..MwM»tl..r..rwM....,w......w....ww..28 14.7. Permits and licenses...., ..« ..:»:w«�w:...ww.. .» 28 _„ww ....,...rw.ew ...tlrr..fA ARTICLE 15. EMPLOYEES AND SUPERVISORS,M.._w,..rwM..,,.::;,....w.::.:,ww....wM..M..,..w:«:;:w.w.:.....w:«..ww«N..«.«..28 151. General Provisions ..rw....w.w_.,. ,{. w.,...,:,.M...,.»NN.,..,,.:...:......;..::w�.................«..::..„«N.::.::w.28 15.2. Operations Manager.,......w.wr..r .......:..,tlwrrr,,,wwM N.iw�j.ww rwwNswrrwyA..M.MNM�iiwwiwji.w 15.3. Collection Supervisor....... ...ww..rwa»........w«.. N.wni.�.«u.N. r......w.as..:.w....iMa.Aw.«sw..M...+•m 15.4. Dedicated Personnel.—,_,,.... 15.5, Employee Conduct 1S,6, Employee Appearance and tdentificatiatr,rw.a......w,...M.r.;:«:r_»...:..w.«.w....«.x........„..;..,.;...»«...29 15.7. Employee Training and Litenses..,r._.r_rr .._...:._...::w.MMM.w..e.................::...::....«.:w......ww.....,.29. 15,8, Removal of Employees»„M.:.,...,....,o.r....tl,,..•«:,.:M.,.N..;:,�w..ww»...w�..» .M;..c...M.....»:.»....w...3Q ARTICLE 16. OFFICE AND : Customer Service Office.y/y wNw�.rw.r.,rsw..,+.M.t'w+_.a.rfwsY4Mf!W�rrw.wrw�a.»w.30 16.2. Operations/Vehicle Makillo 81” kdit ...;:.. ..:... ,,w...M»KNM.«M.:.,...... 3Q ARTICLE 17. COMPLAINTS AND DISPUTES,...,.......«: r:...,:..:„....w.w„..,..M.,»....:.a.w..:».....,...www,.w.MMM.:«w:._....w..�3}0� 17.1. Calls and Communications.�;r:.wwrrnrw,MrMNtlNYlwsw sr�.ww.wr..rN+.. wrgMNMMM}wM«wlwN..wfs..M+. T! 17.2. Dispute Resolutlon.. w,.....�._ ..,,.....y.,...,»,,,;«.:...w:.w .....ww.......w.., � .:...M..:....,..w,. ,.._..31 ARTICLE 18, MONITORING AND REPORTING««........»»....».,r..................w..,;..`�..,..:.;..._......p,,,.,�,.R ,, ;,,.:r»...,».31 18.2. Service Verificaika Systonr.r.rr..r..:rr:r.._r.....r,.w,w«.. 18.2. Record Keeping _rw _».,+fin.».r•.e.,'NrK,,.,M_w.,.. 18.3, Daily Report .. wrw..r;.» r...,...,..r.www......w.�,...:»:.,«.........w, �w....«...�»�.r...«»..~..,....«»..33 18.4. Monthly Report'._.._ ,...,....M.«..w�www«:...ww U.S. Annual Report...._—_ r.:.,«»...»MM............w...ww.:....tl... «...... 3 4 ARTICLE 19. PARTICIPATION GROWTH STRATEC�....,.»M,...,»,.;.:....,,.; .,...,,.r,w«.._.......� ww..w:...ww.»r.........35 19.1. Residential Participation.wN....,,.tl w. ,»....:........�r...w....+,:,.:..,;.:.w_.....w....�..w.w,M ;.:..___35 19.2. Commercial Recycling ARTICLE 20. EDUCATION, PROMOTION AND PUBLIC AWARENESS. M..,- .w..,,,,...w..„ ,...;.:,....,. 20.1. Participation in County Activitk3 Indian River County Solid Waste Disposal Of i: Solid waste and Recycfebles franchise Agreement . 20:2: Use 4f County Themes and togas...... ...,;.«.9.M,.Ni«»...i.,„.N,.r.......... ....... >W..ii..,,.,.....w»,..i«t.»...«..:wY...,..r.36 iaaL. Distribution with Recycling Containers.......R...:r,Ni.rN.YY.,,R.:r;.»N.N....«.......wR..r..,....1: JQ:4.. Distribution of Information to Commercial Custom'—..rwr...i..Y. :.wN«...; „i.aN,Y,Ri.,,.,,Y,,,36 111t"= 21, FRANCHISE FEE................w..rr.«NRN.t.....«...e..........wr,.wY. w-�. 4,.iw.i.�►»».iR.»N....,.«:.:i..i...i«w..3$i ARTICLE 3i. COMPENSATION—_36 Collection Collection Serves Rst.:..w...r.w. :::;:_ Y......«.d«i..._...:...,..ww.......i.i...,.....ii......;...,i.:.,..R.Y,i . . 22.3. Rate Adjustment ...... :.N..:..i:....»,Rw....r«,iw»...w..N..»....�R..«.»R.»,.N»«....i.»...i 23.3. Change in Law Rate AdjustmeRRr.,.....«w, i.wM•�Ywi„%�w«i+uwnwws/.iniwrR.:rwY:.i.1..wl.wNRYAwie».Mwr.�!� W. limitation on Rate Changes,N.wwNq.r.irN•iWYiyMMM,•.%plMN1YWM•...www,w YW,M•w,.i.,i+..i,.l,.l.MltlsMii,wli 323. 8111ing and Payment A� ARTICLE 23. EMER EffNCY SERVILiSi�wMat.N...rii„rr,. 23.2. Contingency and C rnulty of Qpeirs0am Plain 23,2. Variance in Routes and Schedules....Ni,,,,.ww,,.„„N_..•..,.•.._ w YrwMNMN.w.......ir.aww.«N.wr......,., 23.3. Emergency Management/015astl Aumb eww.•,Y.w.w......r,,:.i:.:... „;..,.RYw....w..N.. .....wwi„ { ARTKU24. PERFORMANCE....r..N,..„NY.,._,. ,w,_,,._Y.r...._„a;N.,...:;:.w».w»N.:N....w.......ww. N,:..,..w................. 241, Perform ..,.l.._w..rwr,w. Y,... rE,+w�eR,wi,ra»rf...e..._...r.�yyi...w•..wwf.»Rh«NNiRrrN.NYR«ri0 .. 24,2, Adrniftl0wrV{ _••.•_r �•• ww,,.N..ii»N9Mi..ri...,i.•iww.A ARTICLE25. GHA`NaesT.aDy36r4I=_ _tw:.:..:,.«N. __ ,. r. Y••r.Mi.rifwYwNN , :r_ r.......r4# .. 2�.2. Aiidhfon N {/YR{R�/ R � �.�w,ii.,�i•,lir.i.,liMNNY_„wrMYY_Yr,.iRw,N„w,RN,.rHFrw�f� ARTICLE 2b. TERMINATION.......w..ww,w....w..YY_»w .:R. .a,t,.YNM1»IMMNr.i,M,N Nw:rr«NrMHrwwr•l.Ww»NN...N.h•,w.�•,.•..'i42 26.2. Failure to Maintain Performance Bond and Insurance..,.. . 264, Scrutinized C011illiet1ei............ .....,. i.,i..NN.aYwr..........«y,.:u7,i.iei.:i�ww•.w ..wN..rY.41- - 26.3. Sankr uptcY•-•• ..,.YN,Nr.i.._....N.....i..,.:,.ii»-,..r4�1 264. Default w, www.»w.w..NRRN.NNNi« w..ww.i..i..Y• _. r.ia+ _ .. .. N.N.rriNwili..iiiYLY+ir.w•!i,N.M«ii,w� ARTICLE27. iNSUR1NCEawwNNN,NM..iiinN,.w,.eiaN.iN,i..riy.wwr•wM.iPf.w,.iNN,wF,riw.,w/,ii.i,ii�* .. WYN.MriY�,R_•r.»,.N l..Ni1Y,.1i ARTICLE 28, OTHER TERMS AND CONDiTIONS...rN::...:..............«.,N„R..,.rN.r...:,.:,»,.N;.N..«...:i:......43 28.1. Piggyback Clause...._ r: ....N«N« R.....w...,...««..wyww.-413 .Y.Y 28.2. Partnership Opportunities.„,;„RN_,..wr....iY..�.,.N..w..:. w.,.i....rw»«...:,..;.w......::wwY.w,Y.,._..w. 28.3. Indemnification_ N.R...:,.„.»»i,,......w.wr.,:.„,;w,.;,.;;a..,,,e,,..,.�. .w_.3 28.4. Assignment.........._.......,,N..,M...»,N:.»:..:.ww.w.w.w.YYY. iN_:.Ni.,N«..�.r..rr.«r..w........w... Y_.wa_p..w•u_ MY.,.iM»r4«wr«r'r•..r,w,:.,...,,,,4� . 28.6, CompiianeelMith Laws and Regulations.. Y..r:...::.rrw.:.:,r;...,.NRRi...:....«N.w..:,:aw.R.wr..r.,.w. 28.7. Sovereign Immunit 28.8, Right to Require Performance:.Ni»,,.wN.N.:.;:w.. 28.9. Modification.......YY.,N.,,.....wN..N.:..:.»..i:..:r.... 28,10. Reservation of Rights 2x.11. Independent Franchise4....isi•..«�..,N„»»Nr.,,,,,..i.:;.«,,,Y,,,,,»;;,xw..i.«.......,.,;:•�..-;,..�,,�Y,w,w.,,,,,,w,..•44 28.12. Governing Law, Venue-' .,,.,Nw•N ..» ....ai:.i«...,. wY...».......e« �w..w,.w.,,i.ra»...«r.w.+..«w..»,.a._44 28.2. Public Aecess._..e:.w..•.,.Ww.w.»»Y :.:.r..w..�..rrr.r......wrY:•:i..44 28.14• Walwer........................NR.:R.«:.ai.awN».Y«wwY rwwN. NwRR rc.+.N..r:.NR+w:w...........i.n. .44 28.13. Survival of Oblfgatiot ,_ _:.,...«,w..wN....YwYY 2816. Attorney's FCCS..,.a...w`1�,IwwiYHNgNfllRYwiiiY_v w.,..+.Twswi w...•1+w.iiiiNNNiMMil�ri,N•NrwYii,r,r.riw...4� 2847. Headings.Y...Y,..,...,,...«.....RN.r....:..»»r;...w.w.._wN.w.Y._io;:w.i...i.i...i»..«.r.».i»........ ;w:.w,.:...:,..45 2&3>9i. Notice. _. ... .._r__rrw,.»sR«�iiN.irrea_,.s.rrre+rN..Y.wpt.�r.aqw,ia.i,rwww_«a.wNNp.Riiy.qj.i�YW,rra.yw,.inyr....rwr,..4s This Franchise Agreement (Agreement) is hereby made and entered into ( _ L between Indian River County Solid Waste Disposal District (SWDD), adependent special district of Indian River County, Florida, whose address is c/o Indian River County Utilities Department, 1801 27" Street, Vero Beach, Florida 32960, and Waste Management, Inc. of Florida (Franchisee), a Florida Corporation, whose address is 4310 77" Street, Vero Beach, Florida 32967. All terms and conditions set forth in #RFP2024020 and the submittal specifications received from and by Waste Management Inc. of Florida as a response to RFP#2024020 are incorporated by reference and hereto attached at Exhibit S. Any inconsistency in documents relating to this Agreement shall be resolved by giving precedence in the following order: (i) this Agreement and subsequent Amendments, and (ii) RFP#2024020. ARTICLE 1. DEFINITIONS To the extent that any definition contained herein conflicts with any similar definition contained in any federal, state, or local law, the definition herein shall prevail for the purposes of this Franchise Agreement. However, nothing contained herein shall be interpreted to require Franchisee to undertake any conduct that is prohibited by Applicable Law. Applicable Law shall mean all applicable federal and State of Florida laws, local (municipal and county) ordinances, and the rules and regulations of all authorities having jurisdiction over any part of the services provided under this Agreement. Audited Financial Statement shall reference a collection of the following as they are defined by the American Institute of Certified Public Accountants: accountants' report (opinion), balance sheet, profit/loss statement, changes in financial position/cash flow statement, notes to the financial statement, accountants' report on supplemental information and supplemental information. Automated Collection means the method Of Collection that utilizes collection vehicles that are equipped with mechanical systems to lift a Collection Roll Cart to empty the contents into a collection vehicle. Biological Waste shall mean that as defined in section 403.703, F.S. as amended and provided here: Solid Waste that causes or has the capability of causing disease or infection and includes, but is not limited to, biomedical waste, diseased or dead animals, and other wastes capable of transmitting pathogens to humans or animals. The term does not include human remains that ore disposed of by persons licensed under chapter 497. Biomedical Waste shall mean that as defined in section 403.703, F.S. as amended and provided here: Any Solid Waste or liquid waste that may present a threat of infection to humans. The term includes, but is not limited to, non -liquid human tissue and body parts; laboratory and veterinary waste which contain human disease -causing agents; discarded disposable sharps; human blood, and human blood products and body fluids; and other materials who indhe opinion of the Florida Department of Health represent a significant risk of infection to persons outside the generating facility. The term does not include human remains that are disposed of by persons licensed under Chapter 497. Board shall mean the Board of County Commissioners of Indian River County, Florida. Bulk Trash shall mean any non -vegetative item that cannot be containerized, bagged, or bundled, or whose large size or weight precludes its handling, processing, or disposal by normal methods. Bulk Trash shall include, but not be limited to, furniture, White Goods, grills, lawn equipment, furnaces, and bicycles, excluding carpet/rugs, vehicular tires up to 25" inches diameter which may be on or off the wheel rim, motor vehicles or similar property not having a useful purpose to the owner or abandoned by the owner and not included within the definitions of garbage, Yard Waste per week. Definition does not include Hazardous Waste or Construction and Demolition debris. Change in Law shall mean (i) the adoption, promulgation, or modification after the Effective Date of any law, regulation, order, statute, ordinance, or rule that was not adopted, promulgated, or modified on or before the Effective Date; orf f) the imposition of any material conditions in connection with the issuance, renewal, or modification of any permit, license, or approval after the Effective Date, which in the case of either (i) or (ii) establishes requirements affecting Franchisee's operation under this Agreement more burdensome.than the requirements that are applicable -to franchisee in effect as of the Effective Date. A change in any federal, state, countyi or other tax law or worker's compensation law shdil..4not be a Change in Law. However, in the event that a federal, state,►r local entity imposes a fee, charge, or tax after the Effective Date that applies to Franchisee's operations per se, such fee, charge, or tax shall be treated as a Change in Law. Clamshell, Claw or Grapple Trucks enable the collection of BuIkTlivsh and/or Yard Waste. A large percentage of items in the solid waste stream are too largeor too heavy to be safely liftedlyt hand into traditional garbage trucks. The preferred method for collecting these items is with a grapple truck. Grapple trucks have hydraulic knuckle booms, tipped with a clamshell bucket. The grapple loader is mounted on the frame with a claw-like device to grab the waste and deposit it in a rear box mounted on the truck chassis. Collection shall mean the process of picking up, transporting, Std dropping off Residential Waste, Commercial Waste and Disaster Debris at the Designated Disposal Site or Designated RMFP, or the process of picking up, transporting and dropping off Exempt Materials. Collection Service shall reference all services provided to collect materials pursuant to this Agreement (Le, Commercial Collection Service, Residential Collection Service, and Reside`tttfa) Retycling Collection Service). Commencement Date shall mean October 1, 2025, the date services pursuant to the Agreement shall commence. Commercial Collection Service shall mean the collection of Solid Waste within the Solid Waste Franchise Area from Commercial Properties and Multi -Family or Residential Uttitschoosingnot to have Curbside Residential l~iUection Service, and delivery of Solid Waste to the Designated Facility. Commercial Containers shall mean any container including, but not limited to dumpster, Roll Off, or compaction equipment approved by the Contract Manager to be used for the collection of Solid Waste from any Commercial Customer utilizing dumpster, Roll Off, or compaction Commercial Collection Service. Commercial Customers shall mean any person receiving Commercial Collection Service. Commercial Property shall mean property or properties zoned or used for commercial or industrial uses or used by an entity exempt from taxation under s, 501(c)(3) of the Internal Revenue Code, and excludes property or properties zoned or used for single-family residential or multi -family residential uses. Commercial Supplemental Collection Services shall mean services provided by Franchisee to Commercial Customers which are not included in the Commercial Collection Service Rate including, but not limited to extra or special collection, gate service, roll-out service, container modification, or locking devices. Construction and Demolition or C&D shall mean that as defined in section 403.703, F.S. as amended and provided here: Discarded materials generally considered to be not water-soluble and nonhazardous in nature, including, but not limited to, steel, glass, brick, concrete, asphalt roofing material, pipe, gypsum wallboard, and lumber, from the construction or destruction of a structure as part of a construction or demolition project or from the renovation of a structure, and including rocks, sails, tree remains, trees, and other vegetative matter that normally results from land clearing or land development operations for a construction project including such debris from construction of structures at a site remote from the construction or demolition project site. Mixing of Construction and Demolition with other types of Solid Waste will cause it to be classified as other than Construction and Demolition. The term also includes: a) Clean cardboard, paper, plastic, wood, and metal scraps from a construction project; b) Except as provided in s. 403.707(9)(1), Yard Waste and unpainted, nontreated wood scraps and wood pallets from sources other than construction or demolition projects; c) Scrap from manufacturing facilities which is the type of material generally used in construction projects and which would meet the definition of construction and demolition debris if it were generated as part of a construction or demolition project. This includes debris from the construction Offt-ofactured homes and scrap shingles, wallboard, siding, Concrete, and similar materials from industriaror d) De minimis amounts of other nonhazardous wastes that are generated at construction or destruction projects, provided such amounts are consistent with best management practices of the industry. Contamination shall mean any material placed into a Recycling Cart not included in the definition of Program RCcyclables. Contamination shall also mean any material or combination of materials placed in either the Bulk Trash, C&D debris, or Yard Waste that does not meet their respective definitions. This definition shall also apply to the mixing of required separately collected loads of materials. Contract Manager shall mean the person designated by SWDD to act as the SWIDD'S representative during the term of this Agreement. 7 494 County shall mean Indian River County, Florida, County government, its officers, agents, and employees Curbside shall mean the placement within three feet from the nearest public or private way, or in the case of a drainage ditch, at a point within said dimensions adjacentlb tl a nearest driveway within Customer's own property boundary extended through the right-of-way to the road or agreed upon location by Customer, County, and Franchisee. Curbside Service Container shall mean Roll Carts, Recycling Carts, and Yard Waste Roll Carts, Carts may not exceed their manufactured capacity limits. Customer shall mean any person defined as a Commercial Customer or as a Residential Customer, as provided to Franchisee by SWDD. Day shall mean calendar day unless otherwise noted in the Agreement. Deliverable shall mean the result(s) or end products or services that meet the requirements and functional parameters articulated in the Scope of Services/Work for this Agreement including but not limited to services, reports, written documentation, training, systems, or processes. Designated Solid Waste, Yard Waste and Recyclables Transfer Facility shall mean the Indian River County Solid Waste Disposal District Facility, or other facility as designated by SWDD. Disaster shall mean any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the Board, the Governor, or the President of the United States. Disaster Debris shall reference scattered items and materials either broken, destroyed, or displaced by a Disaster, including, but not limited to, trees and woody debris, construction and demolition materials, personal property and/or mud, silt, gravel and sediment. District (SWDD) shall reference the Indian River County Solid Waste Disposal District (SWDD), a dependent special district of Indian River County, Florida. Effective Date shall mean the date this Agreement has been fully executed by both the SWDD and Franchisee Franchise Agreement or Agreement shall mean this Franchise Agreement between SWDD and Franchisee, together with all exhibits and other documents that are expressly incorporated by reference. Hazardous Waste shall mean that as defined in section 403.703, F.S. as amended and provided here; Solid Waste, or combination of Solid Wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, treated, or otherwise managed. The term does not include IWW, n remains that are disposed of by persons licensed under chapter 497. In addition to the foregoing definition, any material or substance identified in the Florida Administrative Code Rule 62-730, and 40 Code of Federal Regulation, Part 261 is also included. Holidays shall mean Independence Day, Labor Day, Thanksgiving Day, Christmas Day, and New Year's Oay. Improved Property shall mean all commercial and/or residential improved real property as herein defined that generates or is capable of generating residential solid waste. Legitimate Complaint shall mean any complaint where the provisions herein regulating Solid Waste, Program Recyclables, or Yard Waste collection were adhered to by the Customer and Franchisee did not perform in accordance with such provisions. Multiple Dwelling Unit or Multi -Family Unit shall mean any building containing five ):o more permanent residential living units. Non -Program Recyclables shall mean Recyclable Materials or Recyclables not included in the list of Program Recyclables provided in Exhibit 3 and which are segregated from other materials in the waste stream. Indian River County Solid Waste Disposal"DIWkt Solid Waste and Recyclables Franchise Agreement Program Recyclables refers to Recyclable Materials or Recyclables included in the SWDD's Residential and Multi -Family recycling program as defined in Exhibit3. Program Recyclables include incidental amounts of rejects and non -designated materials as can normally be expected as part of municipal recycling collection. Rates shall mean the Board -approved amounts to be charged by Franchisee for Residential Collection Service, Commercial Collection Service and Residential Recyclables Collection Service, or for Supplemental Collection Services. Recyclable Materials or Recyclables shall mean those materials that are capable of being recycled and which would otherwise be processed or disposed of as Solid Waste. This term encompasses Program Recyclables and Non -Program Recyclables. Recycling Cart shall mean Roll Cart, authorized, and approved by the Contract Manager for the collection of Program Recyclables. Recycling Container shall mean any container authorized and approved by the Contract Manager for the collection of Recyclable Materials including but not limited to Recycling Cart and commercial recycling containers. Recycling Franchise Area shall mean the specified area within the County, as defined in Exhibit 2, for which the Franchisee is granted the right to collect Program Recyclables from Residential Customers. Residential Collection Service shall mean Curbside collection of Solid Waste, including Bulk Trash and Yard Waste, from individual Residential and Multi -Family Units, and delivery of collected materials to the Designated Facility, Residential Customers shall mean any person residing in a Residential Unit receiving Residential Collection Service. Residential Recyclables Collection Service shall mean the collection of Program Recyclables from Residential Unit by Franchisee utilizing Recycling Cart or Container and delivered to the Designated Facility. Residential Supplemental Collection Service shall mean any service provided by Franchisee that is not included in the Residential Collection Services as set forth in ArticlO $.5. Residential Unit shall mean each lot or parcel of land in the county that is improved for occupancy as a single-family residence, duplex, triplex, or quadraplex, and any other residence, except a multiple dwelling unit. The term also includes individually owned mobile or modular homes or trailers that: (1) have residential permanent license tags; (2) are erected on a separate parcel of property; (3) are within a residential franchise area or a residential recyclables franchise area; and (4) do not receive commercial service. Roll Cart shall mean a wheeled container designed and intended to be used for automated collection service and meeting specifications provided in Exhibit 5. Route Load Ticket shall reference the internal ticket or tracking system of fleet utilized on a specific route. Set Out shall mean an action, event, or instance comprised of the proper placement of Solid Waste, Program Recyclables, Yard Waste, or Bulk Trash for Collection at Customer's premises, in accordance with County Code. Single Stream Recycling refers to a recycling process that allows for comingled Recyclables, as defined in Exhibit 3, to be collected. Sludge shall mean that as defined in section 403.703, F.S. as amended and provided here: The u=umulated solids, residues, and precipitates generated as a result of waste treatment or processing, including wastewater treatment, water supply treatment or operation of an air pollution control facility, and mixed liquids and solids pumped from septic tanks, grease traps, privies, or similar waste disposal appurtenances. Solid Waste shall mean that as defined in sectioft401703, RS. as amended and provided here: Sludge unregulated under the federal Clean Water Act or Clean Air Act, Sludge from a waste treatment works, water supply treatment plant or air pollution control facility, or garage, rubbish, refuse, special waste, or other discarded material, including solid, liquid, semi-solid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. This term does not include Disaster Debris. Solid Waste Franchise Area shall mean the specified area of the unincorporated County, as defined in Exhibit 2, for which the Franchisee is granted the right to provide Residential Collection Service and Commercial Collection Service, as well as Residential Supplemental Collection Service and Commercial Supplemental Collection Service. 9 496 Substandard Road shall mean a local, rural road or residential street which serves primar(Iy to provide access to the farms, residences, business or other abutting properties with chow averagedaily traffic (AD7 vdlume and short average trip lengths. Although local roads andlstreets mpy.be plartneld, constructed and operated with such the predominant function of providing access to adjacent property, some local, rural roads and streets serve a limited amount of through traffic and may be graded, gravel or unimproved. Such roads may also include geometric design and traffic control features more typical of collectors and arterials to encourage the safe movement of hrough traff t- On these roads the traffic is local in nature and extent rather than regional, intrastate or interstate. Uncontrollable Force shall mean any event that results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, hurricanes, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, terrorism, sabotage, and governmental actions. Labor disputes, including, without limitation, strikes and slowdowns, are not an Uncontrollable Force. White Goods shall mean inoperative or discarded appliances including, but not limited td, air conditioners, heaters, refrigerators, ranges, water heaters, freezers, and other similar domestic and commercial large appliances. Yard Waste shall mean vegetative matter resulting from yard and landscaping maintenance, including leaves, grass clippings, shrubbery cuttings, palm fronds, tree branches and other similar matter generated by a customer at a residential unit in the franchise service area. Yard Waste is limited to that which meets proper set -out specifications fitting into 96 -gallon containers provided by the County.F.St1fh items collected by Commercial Lawn Care Service shall not be considered Yard Waste for the purposes of the Agreement. Tree limbs exceeding three (3) inches in diameter and/or chipped tree materials are not considered part of the residential or commercial Yard Waste service. These materials must be brought to the County Landfill as they are considered chargeable items. ARTICLE 2. TERM 2.1. Effective and Commencement Dates The Effective Date is the date the Agreement is executed and has been signed by the SWDD or Franchisee, whichever date is later. The Commencement Date is the date that collection services required by this Agreement shall commence. The Commencement Date shall be October 1, 2025, . 2.2. Initial Term The term of this Agreement shall be for a period of five (5) years beginning on the Commencement Date, October 1, 2025, and terminating on September 30, 2030. 2.3. Renewal Option At the sole option of the SWDO, this Agreement may be renewed for one (1)additional term of three (3) years under the same terms and conditions as the initial term, including amendments. The Franchisee shall be notified by SWOD no later than September 30, 2029, of its intent to renew or not to renew the Agreement. If renewed, per a written and executed extension agreement, the additional three (3) year term will begin on October 1, 2030, and terminate on September 30, 2033. Following the initial three (3) year renewal term, this Agreement may be renewed for one (1) additional term of two (2) years under the same terms and conditions as the initial renewal term, including amendments, as a mutual option between the SWDD and Franchisee. The SWDD and the Franchisee shall notify one another no later than March 31, 2032, of their intent to renew or not to renew the Agreement. If renewed, per a written and executed extension agreement, the additional two 12) year IvRft will begin on October 1, 2033, and terminate on September 30, 2035. 2.4. Customer Service Contracts The term of any contract between a Customer and Franchisee for a Collection Service, disposal and/or related service, not including non-exclusive services, shall not extend past the term of the Agreement. 10 497 a The Franchisee is herein granted the exclusive right to provide the following collection services: a. Residential Collection Service and Commercial Collection Service in the Solid Waste Franchise Area. b. Residential Recyclables Collection Service in the Recycling Franchise Area. c. Commercial Recycling Services at Indian River County Government Buildings and Facilities. Franchisee shall transport and deliver all collected materials to Designated Sites as specified herein. 3.2. Non -Exclusive Services 3.2.1. The Franchisee shall provide collection of Recyclables from Commercial Properties upon request and as required in Article 7.3 of this Agreement. However, the provision of this service is not exclusive to the Franchisee. 3.2.2. Per the County's Code of Ordinances Section 204.08, the following types of materials are exempt from the provisions of the Agreement and may be collected and disposed of by the owner or occupant of any premises, or the owner's or occupant's representative, at the owner's or occupant's expense. Descriptions are derived from the County Code and include minor additioft;il descriptors to provide clarity to -the Franchisee: a. Land clearing debris. b. Construction and Demolition Debris, including residential Construction and Demolition Debris. c. 'trash and debris associated with farming operations. tf. Extraordinary, Hazardous, Biomedical, and radiological waste. e. Wrecked, scrapped, ruined, or dismantled motor vehicles, or motor vehicle parts, including used oil, tires, and batteries. f. Recyclable Materials generated by Commercial Customers, provided the materials are subjected to a recycling process. g. Residential Solid Waste generateO.in the -areas of Indian River County lying outside the SWDD boundaries of the Solid Waste Franchise Area. h. Solid Waste, and Yard Waste generated in the incorporated areas (i.e., municipalities) of Indian River County which are not included within the Solid Waste Franchise Area, as defined in Exhibit 2, and as applicable. Sludge Liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural, or governmental operations. 3.2.3. Residential Customers maytelffieul Solid Waste, Recyclable Materials, and/or Yard Waste to permitted or appropriate disposal or processing facilities if they so choose. Residential and Commercial Customers may also utilize a Private Hauler for the removal of Bulk Waste and White Goods from a person's premises that must also include the transportation of the material from the site of generation to a Designated Facility. 3.2.4. Franchisee is not granted or guaranteed the right to collect Disaster Debrf$ resulting from natural or human induced emergency that is officially declared a Disaster as defined herein. The"County has a Disaster Debris contract for such services. Should SWDD request Franchisee assistance for non -emergency storm debris, compensation will be negotiated at tittle of request. 3.2.5. SWDD reserves the right to exclude the collection of other materials from this Agreement in the future for the purposes of increasing recycling and helping the County in their waste reduction and material diversion efforts. 498 Indian River Cayr#y Solid Waste Disposal"District Solid Waste and Retytiabfesfranctd" Agreement ARTICLE 4. TITLE TO SOLID WASTE AND RECYCLABLE MATERIALS Residential Solid Waste, Program Recyclables placed Curbside for collection by Franchisee and Program Recyclables collected by the Franchisee at Government Buildings and Facilities, shall become the sole ownership of SWDD. Franchisee shall have no right to take, keep, process, alter, remove, or otherwise dispose of any such materials, except that Franchisee shall have the right and obligation to transport all such materials to the Designated Facility. However, Franchisee shall have the sole responsibility and liability for the lawful disposal of any Biological Waste, Biomedical Waste, or Hazardous Waste that Franchisee collects. ARTICLE S. SERVICE TRANSITIONS 5.1. Transition Prior to Commencement of Collection Services 5.1.1. Franchisee is responsible for providing a smooth transition in Collection Services to minimize inconvenience to Customers. To accomplish this objective, Franchisee shall participate in transition meetings as scheduled and conducted by the Contract Manager, to plan and manage the transition process so that no service interruption occurs, and any new services are in place by the Commencement Date. 5.1.2. Franchisee shall submit to the Contract Manager, no later than thirty (30) Days following the Effective Date, a Transition Plan that provides a detailed description of how Franchisee will plan and prepare for providing Residential Collection Services, Residential Recyclables Collection Services, and Commercial Collection Services leading up to the Commencement Date. The Transition Plan must be in Microsoft Excel format, detailed to the task level, and provide a thorough action plan with description by task, responsible party, and due date for each action item. The Transition Plan must meet the approval of the Contract Manager. If the Contract Manager does not approve any part of the Transition Plan, Franchisee shall provide a revised proposed Transition Plan within five (5) business days of notification. 5.1.3. At a minimum, Franchisee must address the following categories in the Transition Plan. The list is not intended to identify all necessary tasks to be performed by Franchisee, but to provide a springboard for Franchisee to develop a comprehensive Transition Plan: a. Contact List: List of key transition personnel including, but not limited to service transition project manager, education and outreach coordinator, and operations manager (or similarly titled positions) b. Transition Meeting and Call Schedule: Proposed meeting and call schedule including, but not limited to, meetings with Contract Manager, County staff, and outgoing franchisee leading up to the Commencement Date. c. Operations/Vehicle Maintenance Facility: Schedule for establishing an operations/vehicle maintenance facility meeting requirements of Article 16.2. d. Customer Service Office: Schedule for establishing a customer service office meeting requirements of Article 16 and having equipment and staffing in place to begin receiving calls prior to Commencement Date. e. Roll Cart Request System: Schedule for developing and implementing a system for CoWdo Customers to request a specific size Roll Cart and/or Recycling Cart as required in AttiCl! 12.2.3. f. Roll Cart End of Life Management: Newly awarded Franchisee will be responsible for recycling all residential roll carts. g. Roll Cart Assembly and Distribution (A&D): Schedule for Roll Cart A&D including cart purchase, production, shipment, and acceptance dates; days and hours of operation; and completion of A&D. A&D plan should identify A&D contractor and contact information and describe staging areas, A&D route schedule, number of crews, expected number of carts delivered per crew per day, method for assigning carts to addresses, data points to be collected at time of A&D, and upload frequency of data into central A&D database. . 12 499 imflan River C©pnty aqw Waste Orspa%al www . Wid Waste and R tiles Franchise Agreefirtent h. Rall Cart Swaps: Schedule for Roll Cart swaps including plan for fjpg#yvap requests, initiating exchanges, and maintaining asset management database+: 1. Collection Containers: Schedule for providing manufacturer's detailed specifications documenting that all Collection Containers meet the specificiations required herein. Schedule for purchasing all other Collection Containers, equipping Collection Containers with Radio Frequency identification (RFID) tags (as applicable) and removingfreplacing all Collection Containers owned by outgoing franchisee. j. Fleet: Schedule for purchase and delivery of all vehicles, and for ensuring that all vehicles are street legal (registered, insured, licensed, and tagged). For all new purchases, Franchisee shall provide a list of vehicles, manufacturer, purchase order, and documentation of anticipated delivery date, along with periodic updates from the manufacturer. k. Collection Plan: Schedule for providing the Collection Plan that details vehicles, equipment, service levels, schedules, routes in Geographic Information System (GIS) format, and meets the requirements of Article 14.5. I. Safety Plan: Schedule for providing a written copy of the Safety Plan covering all aspects of operations under the Agreement as required in Article14.6. m. Education and Outreach; Schadule to.assist the County with informing Residential Customers and Commercial Customers about Collection Services, container delivery, and collection schedules prior to Commencement Date. This shall include attaching relevant information, provided by Franchisee and as approved by the County, to all Roll Carts during A&D. n. Staffing and Training: Schedule for obtaining necessary labor and training staff on equipment and routes. o. Routing: Schedule for developing Solid Waste, Recyclables, and Yard Waste routes, identifying obstacles such as low trees, narrow and substandard roadways, and overhead wires, and conducting dry -runs of collection routes. p. Service Verification System: Schedule for providing and testing RFID (if applicable) or other real time service verification system as agreed to by the County during negotiations. Schedule for onsite training for SWDD staff on the use:of web -based service verification system by appropriately trained professional personnel. 5.2. Transition Prior to Expiration of Collection Services 5.2.1. Should SWDD choose not to renew this Agreement or should no renewal options remain, SWDD anticipates awarding a new agreement at least twelve (12) months prior to the expiration of this Agreement or any subsequent renewals. In the event a new agreement has not been awarded within such time frame, Franchisee agrees to provide service to the SWDD far an additional ninety (90) Day period beyond the expiration of the Agreement at the then established service rates, provided the SWDD requests said services in writing at such time. 5.2.2. Prior to expiration of the Agreement, Franchisee shall work with SWDD and the newly selected franchisee to ensure a smooth transition period with no interruption of service, including, but not limited to, attending coordination meetings with SWDD and newly selected franchisee, coordination and cooperation In removal of collection containers, and providing detailed Customer and service information, as requested. 5.2.3. Franchisee shall provide the Contract Manager with complete and accurate Resident)al Customer and Commercial Customer data, collection container data, and Residential Customer and Commercial Customer Service information upon request, including but not limited to the following: a. Complete inventory Of collection Containers and Roll Carts utilized by Customers in a format acceptable to SWDD, -that inehides for each container its location (street address), Use (I.e., Solid Waste, Yard Waste, or Recyclables), capacity, identification number, collection frequency, current collectiotlsthedule, Customer name and contact information, and whether 13 500 Indian River County. Solid Waste Disposal District Solid Waste and Recyciables Franchise Agreetnernt the container (if Commercial) is Franchisee -owned or Customer owned. If any replacement or exchange of Franchisee -owned Collection Containers listed in the Collection Container Inventory occurs after the inventory is submitted, Franchisee shall PAA* the Contract Manager. b. Complete an accurate asset management database including all information associated with Roll Cart and Recycling Cart management. 5.2.4. Work with the newly selected franchisee to develop a mutually agreeable schedule for removal of Franchisee -owned Commercial Containers and placement of new containers. The schedule shall ensure no interruption fn Commercial Collection Service. 5.2.5. Franchisee shall allow the newly selected franchisee to purchase or rent for up to ninety (90) Days, Franchisee -owned Commercial Containers. The purchase price atul/or rental shall be negotiated between Franchisee and newly selected franchisee. 5.2.6. SWDD reserves the right to withhold payment to Franchisee for the final month of service until Franchisee has complied with all requirements of this Article. 5.3. Solid Waste Service Contracts 5.3.1. Any and all contracts that provide Solid Waste collection service and/or related Solid Waste services between the previous franchisee and Residential or Commercial Customers within the unincorporated areas of the County and the Town of Indian River Shores shall be null and void as of 11:59 p.m. on Septemb030, 2025. ARTICLE 6. RESIDENTIAL COLLECTION SERVICE 6.1. Residential Collection Service - Solid Waste Franchise Area Franchisee shall provide the following Residential Collection Service within seven (7) Days of request from SWDD. 6.1.1. Universal Service / Carted Yard Waste 6.1.1.1. Residential Collection Servicarsw iilChtft lfoomng types and level of Curbside service: Type of Service Level of Service Solid Waste Once per week automated cart collection of Solid Waste. Franchisee will be responsible for providing new carts, cart replacement, and cart maintenance, The current available sizes of solid waste carts include 96 -gal, 64 -gal, and 35 - gal. Yard Waste Once per week automated collection ollYard Waste in 96 -gal cart. The Franchisee shall be responsible for cart purchase, assembly, deployment, replacement, and maintenance. Natural Christmas trees (free from any lights, ornaments, etc.) will be collected as Yard Waste, provided that the sections of the tree are not more than eight (i1jeet in length or more than fifty (50) pounds. Bulk Tnwh Once per week collection of Bulk Trash as further detailed in Article 6.2. 6.1.1.2. Residential Collection Services shall only be provided to all Residential Units located within the Solid Waste Franchise Area. 6.1.1.3. Franchisee shall submit monthly invoice to SWDD in accordance with provislorm outlined io- Article 22.5. f4 Indian River County Solid Waste Disposal Obttict Solid Waste and Recyclables Franchise Agreement 6.2. Bulk Trash Collection Service: The Franchisee shall provide residential Bulk Trash collection service to all single family and multi -family residential units in the Solid Waste Franchise area. The Franchisee shall collect Bulk Trash from residential units within the service area not less than one (1) time per week on a scheduled route basis. Franchisee will ca#M Bulk Trash with a REL truck and/or claw truck that will allow Bulk Trash to be collected on the scheduled residential Solid Waste day for customer efficiency and minimizing collection vehicles on roadways. Such service shall be limited to four (4) pieces per week. All residential Bulk Trash shall be collected and sorted for delivery to a designated disposal facility. As an optional level of service, residents may contract directly with the Franchisee for excess bulk collection. Note: SWDD seeks Franchisee to have a minimum of four) claw trucks available for servicing Bulk and Yard Waste collection, as well as improper setouts and community cleanups. 6.3. Residential Recyclables Collection Service — Recvclina Franchise Area 6.3.1. Franchisee shall commence Residential Recyclables Collection Service to new Customers within seven (7) Days notification from SWDD. 6.3.2. Once per week collection of Residential Recyclables Collection Service shall be provided to all Residential Units and Multi -family Units not serviced by Commercial Collection Services as defined herein and within the Recycling Franchise Area as defined in Exhibit 2. 6.3.3. Service for Residential Recyclables Collection shall only be initiated, terminated, or changed by SWDD. Franchisee will not initiate, terminate, or change service to the customer without written notification from SWDD. Residential Recyclables Collection Service shall initiate, terminate, or change on the next scheduled collection day from the date notified by SWDD. 6.3.4. Collection of Program Recyclables for Residential Customers residing within the Solid Waste Franchise Area, shall occur on the same Day as collection of Solid Waste. 6.3.5. Franchisee shall provide 64 -gallon Roll Carts for Program Recyclables for Residential Customers and shall be responsible for new carts, cart replacement, cart maintenance and asset database management. 6.3.6. For Multi -Family Units receiving Commercial Collection Service, collection containers shall be placed at locations that are mutually acceptable to Franchisee and customer. Franchisee shall provide Roll Carts, dumpsters, or roll -offs, as needed and appropriate. 6.3.7. The County retains the right to modify types of materials included for collection as Program Recyclables as further described in Article 25.1. 6.4. Rear Door Collection Service Franchisee shall provide Rear Door Collection Service to handicapped Residential Cuadmers at no additional charge to Customer or SWDD. Such Residential Customer shall provide a written statement to Franchisee from a licensed physician documenting the nature of the handicap and the need for Rear Door Service. Franchisee shall commence Rear Door Collection Service within one (1) week of notification. 6.5. Residential Supplemental Collection Service 6.5.1. Residential Customers desiring Supplemental Collection Services shall request such services directly from Franchisee. The specific arrangement for Supplemental Collection Services is to be determined between the Customer and Franchisee. No such services shall be provided until Franrhisee notifies Customer of the fee for such services and receives the Customer's confirmation that the fee Is acceptable. 6.5.2. Franchisee shall bill Customers directly for Residential Supplemental Collection Services in accordance with the Rates established in the resulting Agreement. 6.5.3. Disposal fees associated with Residential Supplemental Collection Servle�Sa!re covePeif by the Annual Assessment. 15 502 - Indian River County Solid Waste Disposal ills rift Solid Waste and Recyclables franchise Agreement 6.5.4. Franchisee shall offer Residential Supplemental Collection Services to Resider�lll"Customers including, but not limited to the -following: a. Exchange Solid Waste or Recycling Roll Cart 11 it a ;exchange per residential customer per Contract term). b. Additional Solid Waste, Yard Waste or Recycling Roll Cart. c. Collection of additional Roll Carts. A. Collection of improperly prepared Solid Waste or Yard -Waste. e. Cart cleaning services. f. Excessive Yard Waste(billiingiliaar,earlsicyai g. Excessive Bulk Waste (billing perIId11MQrpillS#9bic yard basis). 6.6. Multi -Family Residential Service 6.6.1. Franchisee shall provide Solid Waste and Hulk Trash Collection Service to all Multi -family Units in the Solid Waste Franchise Area. 6.6.2. Collection of Solid Waste and Bulk Trash shall be provided at least once per week and Bulk Trash Collection Service shall follow provisions set forth in Article 6.2 Bulk Trash Collection Service. 6.6.3. Container type, size, and frequ8nctr of service shall be sufficient so that Multi -Family Residential Customers are able to place all Solid Waste in the appropriate Collection Container without overflow and to prevent the creation of a public nuisance or a threat to the public health, saf iky or welfare. If necessary, the Contract Manager or their designee shall assist Franchisee and Customer in confirming that the size of the collection container and frequency of collection service are sufficient to ensure that Solid Waste is not routinely placed or stored outside of the collection container. 6.6.4. Invoicing for Multi -Family Collection Service shall be at the rate set forthJ6 Exhibit 1 and shall be billed directly between the Customer and the Franchisee in accordance with Commer0gl[ Moilection Service billing and payment terms identified in Article 2,2,S3. 6.6.5. Franchisee shall offer Supplemental Collection Services to Multi -Family Customers as provided for in Article 7.4 Commercial Supplemental Collection Services with the following addition; • Excessive Bulk Trash (billing per qibkykrd basis). All Supplemental Collection Services provided to Multi -Family Customers shall adheretoprawWonsouttMed within Article 7.4. ARTICLE 7. COMMERCIAL COLLECTION SERVICE 7.1. Service Requests Commercial Customers shall initiate, terminaMor Change service directly by a written contract with Franchisee. Service shall start, terminate, or change on the next scheduled collection day from the date requested. 7.1.1 Franchisee is authorized to charge interest at the rate set by Florida Statutes on any delinquent Commercial Customer account. 711, Franchisee may collect a deposit prior to initiating service to a Commercial Customer, which shall not exceed the expected charge for two months service to the Commercial Customer. In the event a deposit is collected, It may be used to offset mW delinquent amounts due to Franchisee after termination of service. Any remainder of the collected doosit shaft beYttuirned to lthe0mmercial0stomer; 16 Indian River Cow*V Solid Waste Disposal Di3triet Solid Waste and Recyclables FranchiseAgreerrient 7.1.3 Franchisee may charge a Fee, not to exceed fifty dollars ($50.00) to a Commercial Customer for resumption of service, where Franchisee had discontinued service because the Commercial Customer became delinquent in payments. 7.1.4 Franchisee shall not charge Customers any additional rates, surcharges, or Fees of any kind other than those specifically provided herein. 7.2. General Collection Procedures 7.2.1. Franchisee shall provide Commercial Collection Service in the Solid Waste Franchise Area 7.2.2. Collection of Solid Waste shall be provided at least once per week.. 7.2.3. Container type, size, and frequency of service shall be sufficient so that Commercial Customers are able to place all Solid Waste in the appropriate"Collection Container without overflow and to prevent the creation of a public nuisance or a threat to the public health, safety, or welfare. If necessary, the Contract Manager or their designee shall assist Franchisee and Customer in confirming that the size of the collection: container and frequency of collection service are sufficient to ensure that Solid Waste is not routinely placed or''Stored outside of the collection container. 7.2.4. Collection containers shall be placed at locations that are mutually acceptable to Franchisee and Commercial Customer, and in compliance with County ordinance. If a dispute should arise between a Commercial Customer and Franchisee regarding the location of a collection container, the Contract Manager shall consult with the County's Community Development Department and designate the location. 7.2.5. Where several Commercial Customers are in close proximity to each other, such as in the same shopping center or the same mall, such Customers may enter into a joint agreement to contract with Franchisee to collect Solid Waste in shared containers. Franchisee shall be responsible for joint agreements. 7.2.6. Franchisee shall purchase, equip, and maintain Ultra High Frequency (UHF) Radio Frequency Identification (RFID) tags on all commercial containers serviced. Technical specifications for the required RFID tags are provided in Exhibit 6. 7.3. Commercial Recycling 7.3.1. Franchisee shall encourage all persons utilizing a Commercial Property to recycle and shall provide for collection of Recyclables. The types of Recyclables collected from Commercial Customers shall, at a minimum, include the Program Recyclables listed in Exhibit 3. 7.3.2. Frequency of collection for Recyclables may be provided as agreed upontiythe Commercial Customer and Franchisee. 7.3.3. The rate charged by the Franchisee for collection of commercial Recyclables shall be less than the collection rate charged for servicing a Solid Waste container of equal size and frequency. 7.3.4. Service is not exclusive to Franchisee, and Franchisee is responsible for processing and all processing costs. 7.3.5. Government Services The Franchisee shall provide Single Stream commercial recycling collection services to various Indian River County Governmental Buildings and Facilities on a weekly basis. A detailed listing of the locations and summary of the size of the containers and services is provided in Exhibit 8. The Franchisee shall provide a unit price for the various types of contairnrsto be paid on a monthly basis. The franchisee shall be responsible for new carts, cart replacement, and cart maintenance. Please note, some locations have carts equipped with gravity locks (see Exhibit 7 for lock specifications). The franchisee will be responsible for purchase and installation of future gravity locks as designated by SWDDContract Manager or designee. The Franchisee shall honor these unit rates (or any approved adjusted rates) for any additional locations specified by SWDD during the term of the Agreement. Specialty Service means 17 504 Indian River County Solid Waste Disposal Olsock Solid Waste and Recyclables Franchise Agreeftwt emptying containers at multiple locations at a single facility. For example, a County Park has recycling carts at multiple pavilions that would need to be retrieved, emptied and the cart returned. 7.4. Commercial Supplemental Collection Services 7.4.1. Franchisee shall offer Supplemental C011e00" SlMe$ GD Commercial Customers including, but not limited to, the following: a. Rolling out Collection Container and returning to its original location. b. Opening and closing doors or gates. C. Locks for Collection Containers (See Exhibit 7 for requirements for government facilities). d. Unlocking and locking Collection Containers. e. Moving Customer -owned container location, upon Customer's request. 7.4.2. Commercial Customers desiring Supplemental Collection Services shall request such services directly from Franchisee. The specific arrangements for Supplemental Collection Services are to be determined between the Customer and Franchisee. No such services shall be provided until Franchisee notifies the Customer of the fee for such services and receives the Customer's confirmation that the fee is acceptable. 7.4.3. Franchisee shall bill Customers directly for Commercial Supplemental Collection Services in accordance with the rates stated in Exhibit 1. 7.4.4. Automatic renewals for service agreements between Franchisee and Commercial Customers must provide for cancellation notification which shall not exceed a four-month period and shall be printed in bold on any service agreement and monthly billing statement. ARTICLE 8. HOURS AND HOLIDAYS 8.1. Collection Hours 8.2 8.1.1. Residential Collection Service and Residential Recyclables Collection Service shall take place between 6:00 a.m. and 6:00 p.m. Monday through Friday, except during Holiday weeks or as otherwise authorized by Contract Manager. 8.1.2. Commercial Collection Service shall take place between 6:00 a.m, and 6:00 p.m. Monday through Sunday. Franchisee may begin collecting Solid Waste from Commercial Customers at 4:00 a.m. subject to the approval of the Contract Manager. Should Franchisee receive any complaints from residents living in close proximity to the commercial routes and adversely impacted by early morning collection activity, the Franchisee shall reroute the affected area to begin collection time to 6:00 a.m. All rerouting is subject to the approval of the Contract Manager. Holidays 8.2.1. Franchisee shall not be required to provide Residential Collection Service, Residential Recyclables Collection Service, or Commercial Collection Service on Holidays, as defined herein. 8.2.2. For the remainder of the week following all Holidays, Franchisee shall provide Residential Collection Service and Residential Recyclables Collection Service to each Residential Customer on the Day following the normally scheduled Day, including Saturday. 8.2.3. If Franchisee does not provide Commercial Collection Service on Holidays, Franchisee shall provide Commercial Collection Services normally scheduled for that Holiday during the next business Day following such Holiday. 8.2.4. Franchisee shall notify all Customers whose collection Day has been changed due too Holiday at least three (3) business days and not more than ten (10) business days prior to the Holiday. Sadatpitice, approved by the Contract Manager, shall be made through email, social media, advertisement in a newspaper of general circulation published within the County (size of ad to be approved), and other outlets as agreed upon between 505 18 Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement Franchisee and Contract Manager, at Franchisee's expense. Proof of notifications and/or publications shall be provided in the next monthly report following the Holiday. 8.3. Hours During Closure of Designated Facilities 8.3.1. Franchisee shall not be required to prOvide=0olietdion Service on Days that the Designated Facilities are closed. ARTICLE 9. ADDITIONAL SERVICES 9.1. Community Cleanups 9.1.1. Franchisee shall perform up to four (4) community cleanups within the Franchise Area each calendar year. Community cleanups are typically a single day event on a weekend. The times and locations of the community cleanups shall be selected by the Contract Manager after coordinating with Franchisee. Franchisee shall provide appropriate containers during each community cleanup at no additional cost to the SWDD or to the sponsor. During the community cleanup, Franchisee shall collect only Solid Waste, Yard Waste, Program Recyclables, and Bulk Trash. Franchisee shall transport these materials to the SWDD Facility for disposal at no additional cost to Franchisee. 9.1.2. In addition, the Franchisee shall assist SWDD with at least two (2) paper shredding events within the Franchise Area each calendar year. The paper shredding events are typically a single day event on a weekend scheduled from 8:00 a.m. to 12:00 p.m. SWDD will cover the cost of advertising for the events and the Franchisee shall cover the cost of the events as well as provide at least three (3) personnel to assist with the events. 9.1.3. Franchisee shall provide collection for up to twenty (20) events per year of illegal dumping in roads or rights-of-way including properties deemedas.apublic nuisance by either the IRC Code Enforcement Department or the IRC Health Department upon request by Contract Manager. An event may be the collection of debris along an entire street and/or may require the use of a claw truck. Cleanup events will be limited to dumping and not include general roadside cleanups. Franchisee shall deliver this material to the Designated Facility, The County will be responsible for all disposal and tip fee charges associated with this servim—Any additional collection shall be requested by the Contract Manager and the Franchisee shall be compensated under the fees for Supplemental Services, 9.2. Recycling at County Buildings and Facilities 9.2.1. Franchisee shall provide recycling service at County Buildings and Facilities at locations provided in Exhibit 7 at prices in Exhibit 1. Future locations to be determined by Contract Manager. 9.2.2. Franchisee shall provide locked recycling carts at locations provided in Exhibit 7 and at additional locations as needed through the term of the Agreement. The type of lock shall be approved by the Contract Manager. The locked recycling cart to include the lock, the installation (to include hole on top and smaller holes on bottom, gasket around the top hole) and maintenance costs, and the transportation and delivery costs as needed. 9.2.3. Franchisee will work in conjunction with SWDD to provide associated educational materials to encourage use. 9.2.4, All container labeling shall be approved by the Contract Manager prior to distribution. 9.3. Public Awareness Program 9.3.1. Franchisee will partner with SWDD and Indian River County Schools to present programs on recycling and sustainability at the schools. 9.3.2. The Public Awareness Program is a public information program developed bythe'SWDD and Frani:hisee to encourage the residents and businesses in the Cot;nty to reduce the amount:of Solid Waste generated, recycle whenever possible, and safely manage and dispose of Solid Waste that is not recycled. The program also will provide the public with information concerning Franchisee's services, fees, level of service and any proposed 19 506 Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement changes in those fees or services. At the request of the Contract Manager, Franchisee shall distribute brochures or other informational material concerning SWDLYs Public Awareness Program up to two (2) times per year. These materials will be prepared and printed by SWDD. The materials shall be delivered by Franchisee to Franchisee's customers via U.S. mail, or as approved by the; Contract Manager, at no additional cost to SWDD or customer. 9.4. State and Local Waste Diversion and Recycling Goals 9.4.1. SWDD reserves the right to implement new pilot or full-scale waste reduction and/or recycling programs, and if necessary to exempt collection of additional materials from the exclusive right granted Franchisee, for the purpose of increasing recycling and helping the County strive toward State or local goals. This may include removing from the exclusive franchise commercial or residential food waste -from the Solid Waste material stream to support community composting projects, as well as providing assistance with composition studies and visual audits on designated routes by actions such as allowing IRC to install scales for waste audits. 9.4.2. SWDD reserves the right to negotiate with Franchisee to implement incentives to increase recovery of Recyclable Materials generated by Commercial Customers. 9.4.3, If SWDD desires Franchisee to assist in implementing any pilot program to evaluate strategies that increase waste reduction/recycling, improve collection efficiency, and/or reduce solid waste management costs, Franchisee shall cooperate with County in conducting such pilot studies and shall enter good faith negotiations with SWDD, if deemed necessary, for additional services provided by Franchisee to Wvy out such pilot programs. 9.4.4. SWDD and the Franchisee will perform routine audits to ensure that recycling carts are not utilized for solid waste services and that educational information is provided to reduce/eliminate contamination. Franchisee assistance in audits shall not exceed one route per month. If a recycling cart is tagged by SWDD or the Franchisee, the Franchisee shall instruettheirdriver(s) to not collect the tagged recycling carts. After three (3) such occurrences, the Franchisee is authorized by SWDD to remove the recycling cart from the premises. Failure on the part of the Franchisee to enforce this policy shall result in administrative charges. With the Contract Manager's approval, a recycling cart may be returned to the customer with educational materials and a delivery fee. Upon return of the recycling cart the routine audit policy shall resume. 9.4.5. Franchisee shall support SWDD in future waste generation studies and pilot projects by allowing, at the cost to SWDD, the addition of temporary scales to select fleet vehicles. ARTICLE 10. DESIGNATED FACILITY 10.1. Designated Disposal Facilities for Solid Waste, Program Recyclables and Yard Waste 10.1.1. The Franchisee shall deliver all Solid Waste (including Bulk Trash), Recyclables, and Yard Waste collected pursuant to this Agreement to the Designated Facility, iynless otherwise approved by the Contract Manager in writing. Solid Waste, Yard Waste and Recyclables SWDD Facility 1325 74"' Avenue SW Vero Beach, Florida 32968 10.1.2. SWDD reserves the right to change the Designated Facility or add an additional Designated Facility during the term of the Agreement. Should SWDD oo so, collection rates may be adjusted according to the average change in distance driven by the Franchisee. Supporting information justifying the need for an adjustment will be required. 10.1.3. Solid Waste collected from Single Family and Multi -Family Residential Customers in the Solid Waste Franchise Area according to the terms of this Agreement aly be disposed of at the Designated Facility at no cost to Franchisee. 20 507 Indian River Cotinty Solid Waste Disposal DiS Ict Solid Waste and Recyclabies Franchise Agreement 10.1.4. Solid Waste collected from Commercial Customers in the Solid Waste Franchise Area pursuant to this Agreement, with the exception of Solid Waste collected in toll -offs, may be disposed of at no additional cost to the Franchisee. Franchisee shall pay disposal fees for Solid Waste delivered in tall -off •co"41rters and is responsible for invoicing and collecting payment for such disposal costs from the Commercial Customer. 10.2. Out -of -County Solid Waste Franchisee shall not transport any Solid Waste or other material originating from outside of thwuntyto the Designated Facility without the prior written authorization of the SWDD. Any out -of -County Solid Waste or Recyclables approved by the SWDD for disposal or processing in the Designated Facility shall be subject to appropriate fees and charges, as determined by the Board by resolution. ARTICLE 11. ROUTES AND SCHEDULES 11.1. Collection Plan 11.1.1. Franchisee shall prepare a plan that details the vehicles, equipment, service levels, schedules, and routes for providing Residential Collection Services and Commercial Collection Services in accordance with the provisions of the Agreement (Collection Plan). The Collection Plan shall be submitted to the Contract Manager for approval in accordance with the schedule established in the Transition Plan, as approved by the Contract Manager. 11.1.2. At a minimum, the Collection Plan shall include the following: a. Schedule of routes by service type. b. Map for each route showing the day of the week, route boundaries, and the starting point(s) and ending point(s) for Collection Services. Collection routes shall be provided in Geographic Information System (GIS) format that is acceptable to the County's GIS Department. c. Vehicle/equipment list to include the make, type, year, license number, and ID number for each vehicle. 11.1.3. Franchisee shall ensure that the Collection Plan keeps changes to existing collection routes to a minimum, except to meet restrictions regarding hours and Days of collection required or for efficiency. 11.1.4. Franchisee shall provide Collection Services in accordance with the routes and schedules in the Collection Plan. 11.2. Changes in Collection Services 11.2.1. Following the Commencement Date, Franchisee may only change Residential Collection Service routes and schedules upon approval by the Contract Manager. Franchisee shall submit to the Contract Manager a description of all route and schedule changes, including service levels, at least thirty (30) Days prior to implementation of such changes or in accordance with an alternate notification dead.1110!f approved by the Contract Manager. This shall include anysupport equipment or staff from other areas and contracts utilized to perform County operations. 11.2.2. Franchisee shall notify all affected Customers in writing regarding approved collection changes no later than two (2) weeks prior to such change. 11.2.3. Franchisee shall inform SWDD of any delays in the daily collection schedule (e.g., disabled trucks, accidents, or Shortage of staff causing route delays) that last for more than two hours. 11.2.4. Franchisee shall provide the Contract Manager with a revised vehicle/equipment (iStwlt in 24 hours of the effective date of any change. X7111:3 12.1. Collection Container Specifications 12.1.1. Roll Carts supplied by Franchisee shall meet the specifications provided in Exhibit 5 and are subject to approval by the Contract Manager. 12.1.2. Commercial Containers supplied by Franchisee shall meet the specifications provided in Exhibit 6 and are subject to approval by the Contract Manager. 12.1.3. Commercial Containers supplied by'Fronchisee shall have attached lids, shall be of equivalent or better quality than those previously in use by the County (if applicable) shall be equipped with RFID tags meeting the specification provided in Attachment I, and are subject to approval by the Contract Manager. 12.1.4. Open -top roll -off containers shall not be used for Collection of putrescible waste unless approved by the Contract Manager. If approved by the Contract Manager, roll -off containers used to collect putrescible waste must be equipped with a cover that meets the approval of the Contract Manager. 12.1.5. Franchisee shall submit to the Contract Manager the manufacturer'$ detailed specification sheets (general product summary sheets will not suffice) for the Roll Carts and Commercial Containers the Franchisee intends to utilize, documenting that they meet the required specifications. 12.1.6. All hot -stamp and label text and designs for Roll Carts are subject to approval by the Contract Manager prior to use. 12.1.7. Franchisee shall replace labels on an as -needed basis. 12.1.8. Franchisee shall provide gravity locks or equivalent on all Commercial Containers to ensure that all Commercial Containers are locked to prevent unauthorized use. Commercial Customers shall be provided with keys for proper use of the Commercial Containers. 12.1.9. Franchisee shall provide audit and education to all Commercial Customers to minimize or reduce overflow of solid waste outside of the Commercial Container(s). If, after proper education and documented notification of non-compliance, the Franchisee may charge an approved fee by the Contract Manger to encourage compliance. 11.2, Container Type and Distribution 12.2.1. Prior to the Commencement Date and in accordance with transition plan specified in Article 5.1, Franchisee shall provide Solid Waste and Yard Waste Roll Carts for all Residential Customers within the Solid Waste Franchise Area, Recycling Roll Carts for all Residential and Multi -Family units within the Recycling Franchise Area. Roll Carts must meet the technical specifications provided in Exhibit 5. SWDD reserves the right, at its sole discretion, to designate the number, size, and/or frequency of collection of Roll Carts provided to Multi -Family Units, 12.2.2. Franchisee shall maintain an adequate supply of Roll Carts and shall deliver new and additional Roll Carts to Customers within seven (7) Days of receiving request for said containers. 12.2.3. The standard program -size Roll Carts include a ninety-six (96) gallon cart for Solid Waste and Yard Waste and a sixty-four (64) gallon cart for Program Recyclables issued to each residential customer. However, 96, 64, and 35 -gallon Solid Waste and Recycling Roll Cart sizes shall be made available for customers that request alternative sizes. 12.2.4. Following the first ninety (90) Days of service, upon request, Franchisee shall exchange a residential customer's Roll Cart with an alternatively sized R6110itt, Franchisee shall provide one (1) Roll Cart exchange for Solid Waste, Yard Waste and Recyclables per customer at no charge to the customer or the SWDD. Should a residential customer request additional exchanges, the Franchisee may charge the residential customer at rate defined per Roll Cart that is exchanged. Franchisee shall track and report exchanges as specified in ARTICLE 18. 12.2.5. If a customer generates large quantities of Solid Waste and Yard Waste, the customer may request an additional Roll Cart to accommodate the extra materials. The Franchisee may charge a one-time fee at the rate 22 509 Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement defined per additional Roll Cart delivered. The maxirnurA:number of Rall Carts per customer shall not exceed four (4). 12.2.6. If a customer generates large quantities of Program Recyciables, the customer may request an additional Roll Cart to accommodate the extra materials. There shall be no charge for the delivery or collection service for additional Roll Carts for Recyclables. 12.3. Maintenance Repair and Replacement of Containers 12.3.1. Franchisee shall maintain all Commercial Containers that are not Customer -owned in good working order throughout the entire term of the Agreement. 12.3.2. Commercial Containers shall have solid, substantial bottoms; shall be equipped with a removable plug for the purpose of clean out; and shall be free of rust holes, broken hinges, broken doors or door fasteners, broken wheels, or broken lids. 12.3.3. Commercial Containers shall be kept painted at all times so that they do not become a detriment to the community and shall be painted as deemed necessary or as directed by the Contract Manager. 12.3.4. Franchisee, at its own expense, shall repair or replace damaged, destroyed, oi stolen Collection Containers that are not Customer -owned within three (3) business days of notification by SWDD or Customer. 12.3.5. If Franchisee damages or destroys any Customer -owned containers, Franchisee shall repair or replace said containers, at Franchisee's own expense, within three (3) business days of notification by SWDD or Customer. 12.3.6. All new or replacement Roll Carts shall be delivered to the customers within three (3) Days from the date of request, without exception, with a SWDD-provided new customer information packet attached. 12.3.7. Franchisee shall procure and maintain at its expense all essential spare parts for Collection Containers and shall develop and maintain a readily available source of such parts. 12.4. Ownership of Collection Containers 12.4.1. Ownership of Roll Carts provided for Residential Collection Service (Solid Waste, Yard Waste and Recycling) shall rest with Franchisee until expiration or termination of this Agreement, at which point ownership shall rest with the SWDD. 12.4.2. Franchisee owned Commercial Containers shall remain the sole property of Franchisee. 12.4,3. Upon expiration of the Agreement, Franchisee shall make all Commercial Containers available to the newly selected franchisee pursuant to the provisions of Article 5.2.5. ARTICLE 13. VEHICLES AND EQUIPMENT 13.1. General Provisions 13.1.1. Franchisee shall purchase and/or lease, maintain, and repair all vehicles and equipment necessary to maintain regular collection schedules and to promptly and efficiently perform the duties specified in the Agreement. In the event duties specified in the Agreement are not performed, Franchisee shall increase the supply of collection vehicles, equipment, and employees necessary to perform the services and meet the performance requirements identified herein. Franchisee shall provide collection vehicles that4o not exceed five (5) years of age at the beginning of the Agreement with no front-line vehicle to exceed ten (* years of age during the initial term or any renewal period. Equipment shall be compatible in size and weight to the areas in which such equipment is utilized, If Franchisee must use a narrow or a substandard road (as determined by the County) to obtain access to a customer, Franchisee shall use lightweight and/or smaller vehicles andtquipment when providing service on such roads. Collection fleet shall be fueled by Compressed Natural Gas (CNG) or other alternative fuel sources as approved by Contract Manager. 13.1.2. All collection vehicles shall be painted a uniform color scheme. 23 510 Indian River County Solid Waste Disposal Dikirict Solid Waste and Recyclabies Franchise Agreement 13.1.3. All collection vehicles shall be equipped at all times with: (a) all safety supplies, equipment, and first aid supplies required by Applicable Laws; (b) a fire extinguisher approved by Applicable Laws; (c) a heavy-duty broom, a rake, and a large dustpan; (d) a spill response kit; (e) an audible back-up warning device; and (f) back- up cameras. The spill response kit shall be suitable and adequate for cleaning up any leaks or spills of oil, hydraulic fluid, or other liquids from Franchisee's collection vehicles. 13.1.4. All truck bodies must be watertight to a depth sufficient to prevent discharge of accumulated water during loading and transport operations, have solid metal sides and covered metal top, and be equipped with litter shields or other devices designed to contain the load. 13.1.5. All truck bodies must be fully enclosed with a metal top or alternatively equipped with a tarpaulin or net cover with mesh of sufficient size to prohibit release of materials. Such cover shall be kept in good mechanical order and used to cover the load traveling to and from the loading operation or where parked if the contents are likely to be scattered if not covered. 13.1.6. Franchisee shall equip all vehicles used to provide Residential and Commercial Collection Services with appropriate safety equipment and two-way radio, cellular telephone, or other equipment appropriate for communication as approved by the Contract Manager. 13.1.7. Franchisee shall equip all vehicles used for Collection of White Goods with appropriate ancillary equipment so as to avoid breakage of such equipment or of refrigerant lines. 13.1.8. Franchisee shall equip all vehicles used to provide Collection Service with Radio Frequency Identification (RFID) readers, Global Positioning System (GPS) tablets, or other equipment as necessary to provide real-time service verification and asset management database systems as required in Article 18.1. 13.1.9. Prior to use, a tare weight for all Collection vehicles to be used to provide Collection Services will be established at the County's scale house. At the SWDD's discretion, the tare weight ofanytolleetion vehicle may be checked at any time, and the SWDD will make appropriate adjustments to scale house and County records to reflect any changes in tare weight. As determined by the Contract Manager, Franchisee shall use the Automated Scale when available. 13.1.10. SWDD reserves the right to add antennae and Computer device to collection vehicles to record Automatic Meter Reading (AMR) technology output signal km IRC utilities water meter devices if it chooses to use this technology. The device would require a power source and allow some sort of magnetic antennae. All AMR equipment shall not interfere with franchisee equipment or job function. SWDD releases Franchisee from all liability related to carrying the device. Franchisee shall install equipment in coordination with County. The County will be responsible for the purchase and installation costs, as applicable. 13.2. Reserve Vehicles and Equipment 13.2.1. Franchisee shall have sufficient reserve vehicles and equipment to complete daily Collection routes according to established schedules and hours of Collection. The use of reserve vehicles and equipment shall include, but not be limited to, occasions when frontline vehicles and equipment are out of service; when delays prevent frontline vehicles and equipment from completing their daily Collection route(s) within the established hours of Collection; and during times of especially large waste generation such as holidays, special events, and storm events. 13.2.2. Reserve vehicles and equipment shall be in service within two (2) hours of any breakdown or delay of the frontline collection vehicle. The reserve vehicles and equipment shall be of similar size and capacity to the vehicles and equipment being replaced. 13.3. Identification 13.3.1. Franchisee's name and customer service telephone number shall be displayed at all times in letters at least four inches high on both side doors of all Collection vehicles. Truck identification nuMbers shall be displayed at all times in letters at least four (4) inches high on ail four sides,,of all �olleetion vehicles. Franchisee shall keep a record of the vehicle to which each number is aSIFICd. 13.3.2. All: Collection vehicles substantially dedicated to the Agreement shall prominently and permanently display, ort both sides of the vehicle body, at all times and in letters at least six inches high, information approved and authorized by the Contract Manager and the type of material (Solid Waste, Yard Trash, or Recyclable Materials) being collected. 13.3.3. If requested by the Contract Manager, Franchisee shall display the SWDD theme and logo on the sides and rear of every vehicle newly put into service in the County to collect Solid Waste, Recyclables, Yard Trash and Bulk Trash pursuant to this Agreement. The signs/graphic shall be appropriately sized, as mutually agreed. SWDD will provide approved artwork for the Collection vehicles. 13.4. Maintenance and Cleaning 13.4.1. Franchisee shall monitor, maintain, and repair its collection vehicles and equipment, at a minimum, in compliance with the manufacturer's recommendations and Applicable Law. Oil/hydraulic systems and waterproof seals/enclosures shall be kept in good condition at all times to prevent spills and leaks. 13.4.2. Franchisee shall keep all equipment in good repair and shall monitor all vehicles to prevent fuel and lubricant leaks or spills. All spills discovered shall be cleaned up immediately. 13.4.3. Franchisee shall keep all equipment in sanitary, clean c#ndition at all times. Franchisee shall wash Collection vehicles thoroughly on the outside and sanitize therm with a suitable disinfectant and deodorant a minimum of once per week (or more frequently if necessary). 13.4.4. SWDD retains the right, at its discretion, to require a vehicle be taken out of service for habitual maintenance issues. These include, but are not limited to, habitual spills, leaks, repeated breakdowns, and other issues that impact the level of service required under contractual terms. 13.5. Right to inspect Vehicles 13.5.1. Franchisee shall permit the Solid Waste Management Department to inspect the vehicles, equipment, licenses, and registrations at any reasonable time. Except for extraordinary circumstances, as determined by the Contract Manager, all vehicles and equipment utilized to provide service under the Agreement shall be empty and devoid of all Solid Wastes prior to the commencement of daily Collection Service, The County reserves the right to inspect each vehicle, every day, prior to its use in the County. ARTICLE 14. COLLECTION PROCEDURES 14.1. General Collection Procedures 14.1.1. Franchisee shall thoroughly empty Collection Containers and return them with Ilfdsdosed in an upright position to their original location, unless conditiorls warrant otherwise, as approved by the Contract Manager. The Franchisee shall require their driver(s) to return the Collection Containers manually with the lid closed to the upright position and in their original locations if the driver(s) is responsible for knocking the Collection Cart down. 14.1.2. Franchisee shall provide all Residential Collection Services with minimal noise and disturbance 14.1.3. All collection vehicles shall remain on the right-hand side of the road when providing Residential Collection Service and at no time shall collection personnel cross to the left-hand sideof'the road to retrieve containers, Roll Carts or materials that have been set out for collection. 14.1.4. Franchisee shall handle Collection Containers in a manner to prevent damage. 14.1.5. Franchisee's employees shall not trespass on private property, even to access an adjacent property, unless the resident or owner of said property has given permission in writing to Franchisee and SWDD prior to accessing the property. 14.1.6. Franchisee's employees shall take care to prevent damage to public and private property and roadways, including flowers, shrubs, and other plantings. 512 14.1.7. Franchisee shall immediately (within't-wenty-fou► (24) hours) clean up all spillage/leakage/blowing at no cost to SWDD or the Count#. fiFanchisee it responsible for cleaning such spills, leaks, or blown materials to the satisfaction of the Contract Manager up to, and including, resealing or resurfacing depending on the severity of the damage. If Franchisee can satisfactorily prove to the Contract Manager that the responsibility for the spillage/leakage/blowing belongs to a third party, then Franchisee will not be responsible for the cleanup. If Franchisee collects an overloaded Commercial Containerlsrand a spillage occurs, then this shall be considered by SWDD as spillage by the Franchisee. The Franchisee should follow the procedures in Articles 13.5 and 134t© avoid this situation. 14.1.8. Franchisee shall pick up, haul and transport Solid Waste, Recyclable Materials, and Yard Waste in a manner that prevents materials from falling from, blowing off, or in any way escaping from the vehicle or device. Franchisee shall immediately stop the vehicle and retrieve any material that was released or fell from the vehicle for any reason. Failure to adhere to this policy shall result in Administrative Charges. 14.2. Mixing of Loads of Materials 14.2.1. Franchisee shall collect Solid Waste, Yard Waste, Bulk Trash and Program Recyclables generated in the Franchise Area separate from any materials generated in another jurisdiction without prior written approval of the Contract Manager. 14.2.2. Franchisee shall collect Solid Waste generated by Residential Customers separate from that generated by Commercial Customers. 14.2.3. Franchisee shall not mix or commingle Recyclables with Solid Waste. Franchisee shall collect Program Recyclables generated by Residential and Multi -Family Units separate from Recyclables from Commercial Customers, Any Recyclables from Commercial Customers that are commingled with Recyclables from Residential or Multi -Family Units shall become the property of SWDD and delivered to the Designated Facility. 14.2.4. Franchisee shall collect Solid Waste, Yard Waste, Bulk Trash and Program Recyclables separate from each other, and shall not combine loads of different material types. Franchisee shall be responsible for all disposal costs associated with loads of mixed materials. 14.3. Non -Collection Procedures 14.3.1. Franchisee is not required to collect Solid Waste, Program Recyclables, Yard Waste or Bulk Waste that has not been properly placed for Curbside collection in accordance with County Code and provisions herein. 14.3.2. Franchisee shall develop a durable tag to be placed on any container or waste that has not been set out for collection in accordance with the provisions of the Agreement and shall be known as a "Non -Collection Notice." The design and content of the Non -Collection Notice(s) to be used by Franchisee shall be approved by the Contract Manager. At a minimum, the Non -Collection Notice(s) shall provide the following information regarding the non -collect event: date, reason for non -collection, information that will allow the Residential Customer to correct the problem for future collections, and Franchisee's telephone number for any further questions. 14.3.3. If not collected, Franchisee shall immediately ;place a Non,Gollection Notice on the container or non- conforming materials. 14.3.4. Franchisee shall reasonably attempt to identify, through visual observation, hopper cameras, etc., any materials not included in thedefinition of Program Recyclables ("Non -Confirming Materials") that have been placed in Recycling Containers. Franchisee shall not collect such Non -Conforming Materials and shall place a Non -Collection Notice on the Recycling Roll Cart indicating why the material was rejected. 14.3.S. Franchisee shall refuse to collect Solid Waste from any Residential or Commercial Customer if Franchisee believes that such Solid Waste contains Hazardous, Radiological, or Biomedical Waste. If Franchisee believes a Residential Customer is depositing such waste for collection, Franchisee shall place Non -Collection Notice on the Roll Cart and immediately notify SWDD to identify the generator of such waste. 26 513 Indian River County Solid Waste Disposal JXstrict Solid Waste and Recytlables Franchise Agreement 14.3.6. Franchisee shall record all non -collection events in a Non -Collection Notice Log and submit this log daily to the Contract Manager in accordance withArticle 18. tAttion-collection events shall be notified toSWDD within one (1) Day of occurrence. 14.3.7. If Commercial Container is inaccessible or blocked, Franchisee shall affix a Norf-Collection Notice to the container and provide service on the Commercial Customer's next regular collection Day unless a special collection is arranged. 14.3.8. In the event a Commercial Container is overfilled and cannot be safely dumped, Franchisee shall place a Non -Collection Notice on the container, notify the Customer of the first offense, and reschedule service. Such rescheduling shall be considered a Supplemental Collection Service, which can be arranged between Franchisee and the Commercial Customer for an additional charge. In the event there is a second offense, Franchisee shall place a Non -Collection Notice on the container, notify Customer of the second offense and potential fines that may be levied, and report to SWDD. Third and subsequent offenses shall be reported to SWDD for referral to Code Enforcement. 14.4. Protection of Private and Public Property 14.4.1. Franchisee acknowledges that collection points on rights-of-way are frequently co -located with other utility easements. Therefore, particular attention shall be given to the location of water meters, transformers, guy wires, utility poles, irrigation structures, etc. Authorization to use the easement does not abrogate Franchisee's responsibility to exercise caution in relationship to the property of other authorized users. 14.4.2. Franchisee shall take care to prevent damage to all public and private property while conducting services pursuant to this Agreement, including, but not limited to, buildings, monuments, markers or fences, vehicles, pipes and underground structures, storm water inlet covers, gutters, curbs, public streets, trees and tree canopies, flowers, shrubs, and other plantings. The SWDD acknowledges this does not preclude normal wear and tear of streets resulting from normal use by Franchisee. 14.4.3. Franchisee shall immediately notify the Contract Manager of any damage to public or private property caused by Franchisee during the provision of collection services. Wherever such property is damaged due to the activities of Franchisee, it shall be immediately restored to its original condition by Franchisee at Franchisee's expense. In addition, if on County/SWDD property, the Franchisee shall submit an accident/investigation report within forty-eight (48) hours to Contract Manager and the Indian River County Risk Manager. 14.4.4. In case of failure on the part of Franchisee to restore such property or make good such damage or injury, the SWDD may, upon forty-eight (48) hours written notice to Franchisee, proceed to repair, rebuild, or otherwise restore such property as may be deemed necessary and to bill the cost to Franchisee. If any damage caused by Franchisee impacts the safety, health and welfare of the County's citizens, the repairs will be arranged by the SWDD and billed to Franchisee based on the actual cost incurred to repair the said damages, plus ten percent (10%) to account for the SWDD's administrative costs. 14.4.5. Franchisee shall record all damage to public or private property on Customer Call Log and submit this log daily to the Contract Manager in accordance with Article 18.3. The Franchisee shall provide an after -action report once the issue has been resolved as well as monthly updates if the issue is still unresolved. 14.5. Access to Streets and Collection Containers 14.5.1. Franchisee's vehicles shall not unduly interfere with vehicular or pedestrian traffic. Vehicles shall not be left on the street unattended. 14.5.2. In those instances where a public or private streetis temporarily closed to vehicular traffic, Franchisee shall return within twenty -tout (24) hours of the normal Collection schedule to service Customers located on the street. If at that time the street is still temporarily closed, Franchisee shall notify the Contract Manager and provide Collection Service to such Customers on the next regularly scheduled Collection Day unless otherwise directed by the Contract Manager. Indian River County Solid Waste Disposal vlstrict . Solid Waste and Recyciables franchise Agreement 14.5.3. SWDD reserves the right to deny Franchisee's vehicles access to certain streets, alleys, and public ways where the County determines itis in the public's best interest. SWDD shall provide Franchisee with reasonable notice of such access denial so that this action does not interfere unduly with Franchisee's normal operation. 14.5.4. If access to certain streets, alleys, and public and private ways become impassable orif access is denied, Franchisee shall work with the Customer to determine a mutually agreed upon location for the Residential or Commercial Collection Service. If mutual agreement cannot be reached, Collection shall be from the nearest public way that is accessible by the Collection vehicle, or other such location as specified by the Contract Manager. 14.5.5. if efforts to resolve situations that prevent or hinder Franchisee from gaining access to provide the Collection Services required in the Agreement are unsuccessful, Franchisee shall report such cases to the Contract Manager, 14.6. Safety Program 14.6.1. Franchisee shall develop, implement, and maintain for the term of the Agreement a safety program for all operations covered under the Agreement ("Safety Plan"). A written copy of the Safety Plan shall be provided to the Contract Manager in accordance with the approved Transition Plan submitted pursubAt to Article 5.1.3. Franchisee shall continuously update the Safety Plan to reflect any changes and deliver an updated plan to the Contract Manager whenever changes occur. 14.6.2. Franchisee shall appoint an employee who is qualified and authorized to supervise and enforce safety compliance. Franchisee's employees shall be trained regarding safe operating procedures and provided refresher instruction and training updates. 14.6.3. Safety equipment applicable to the work performed and required by regulation or law shall be provided to employees and others working on behalf of Franchisee. All materials required for first aid shall be provided and maintained by Franchisee. 14.6.4. A written procedure, including documentation, shall be established for the immediate removal to a hospital or a doctor's care of any person who may be injured that requires such care. All injury documentation shall be made available to SWDD upon the Contract Manager's request. 14.7. Permits and Licenses Franchisee shall obtain, at its own expense, all permits and licenses required by Applicable Law and maintain same in full force and effect. Any revocation of Franchisee's licenses or permits shall be reported to the SWDD within three (3) Days. ARTICLE 15. EMPLOYEES AND SUPERVISORS 15.1. General Provisions 15.1.1. Within three (3) Days following the Effective Date, Franchisee shall provide the Contract Manager with a written list containing the names, addresses, emails, and telephone numbers of Franchisee's Operations Manager and other key personnel, and the telephone numbers that are to be used to contact Franchisee in the event of an emergency. 15.1.2. Franchisee shall use competent, qualified, sober, drug-free personnel to provide collection services pursuant to this Agreement. Franchisee shall only utilize personnel in providing services pursuant to this Agreement that have passed criminal background checks. Franchisee shall devote sufficient personnel, time, and attention to its operations under this Agreement to ensure that its performance will be satisfactory to the SWDD. 15.1.3. Franchisee shall comply with all Applicable Law relating to wages, hours, overtime, disability, and all other matters relating to the employment and protection of employees, now or hereafter in effect. Indian River County Solid Waste Disposal Wttkt Solid Waste and Recyclables Fran c tine Agreement 15.2. Operations Manager 15.2.1. Franchisee shall appoint an individual who is one hundred percent (100%) dedicated to overseeing and implementing the Collection Services provided pursuant to the Agreement, ensuring compliance with the terms of the Agreement, and with the authority to make significant decisions regarding Collection Services ("Operations Manager"). All route managers shall report to the Operations Manager. 15.2.2. Prior to appointment, Franchisee shall submit the qualifications of any proposed Operations Manager to SWDD for approval. The Operations Manager shall have at least ten (10) years of prior managerial experience with solid waste collections of this nature and size. SWDD reserves the right not to approve the proposed Operations Manager if the individual is deemed not to be qualified based on SWDD's sole judgment. Franchisee shall obtain SWDD approval prior to appointment of any Operations Manager. 15.2.3. The Operations Manager shall be the primary.ppint of, official contact on behalf of Franchisee for all technical and administrative matters pertaining to the Agreement. At all times during the term of the Agreement, SWDD shall have access to the Operations Manager. Any communications or writings that may be required under the Agreement to be given to Franchisee shall be delivered to the Operations Manager. Such communications or writings shall be considered as having been received by Franchisee when delivered to the Operations Manager. 15.2.4. The Operations Manager shall have direct access to Franchisee's entire management organization for resolving problems beyond the Operations Manager's authority. 15.3. Collection Supervisor 15.3.1. Franchisee shall designate one or more collection supervisor(s) ("Collection Supervisor"), who shall oversee provision of the Collection Services according to the terms of the Agreement. SWDD may require Collection Supervisors for up to four lines of business (Residential Solid Waste, Residential Yard Waste, Residential Recycling, and Commercial/Roll-off). The Collection Supervisors shall be readily available by two way radio or cellular telephone at least between 6:00 a.m. and 6:00 p.m. Monday through Friday, and Saturdays during Holiday weeks. At least one Collection Supervisor shall be available by radio or cellular telephone every Saturday between 6:00 a.m. and 6.00 p.m. 15.4. Dedicated Personnel 15.4.1. The Operations Manager, Collection Supervisors, general administrative manager, and other key personnel assigned by Franchisee to the Agreement shall be dedicated solely to the Agreement. No internal reorganization by Franchisee shall remove Franchisees obligation to meet this requirement. 15.5. Employee Conduct 15.5.1. All Franchisee personnel must always maintain a courteous and respectful attitude toward the public. Franchisee shall direct its employees to always avoid loud and/or profane language or gestures during the performance of duties. 15.6. Employee Appearance and Identification 15.6.1. Franchisee must furnish each Collection employee with a uniform that identifies the employee and Franchisee and complies with Franchisee's Safety Program. SWDD reserves the right to approve the identifiers or identification furnished by Franchisee. 15.6.2. Employees shall wear identification at all times while on duty. 15.7. Employee Training and Licenses 15.7.1. All of Franchisee's employees shall be qualified and appropriately trained for the tasks assigned to them. Franchisee shall provide refresher courses and additional training to its employees, as needed, to ensure compliance with the requirements of this Agreement and all Applicable Law. The SWDD has the right to review Franchisee's training records. 29 516 15.7.2. At all times when operating vehicles or equipment pursuant to this Agreement, Franchisee's employees shall carry a valid Florida driver's license for the type of vehicle or equipment being operated. 15.8. Removal of Employees 15.8.1. The Contract Manager reserves the right to disapprove or request removal of any Franchisee personnel assigned to the Agreement. Such disapproval or request shall be for reasonable cause and shall be addressed in writing to Franchisee's Operations Manager. Notwithstanding the foregoing, Franchisee shall not be required to take any action with regard to Franchisee's personnel that would violate any Applicable Law. ARTICLE 16. OFFICE AND FACILITY 16.1. Customer Service Office 16.1.1. Franchisee shall maintain an office located within Indian River County with a local number that is answered by staff located at the customer service office unless otherwise approved by the Contract Manager. At a minimum, such office shall be open between the hours of 7:00 a.m. and 6:00 p.m. Monday through Friday and Saturday between the hours of 7:00 a.m. and 12:00 p.m, for the transaction of business, unless during Holidays or otherwise approved by the Contract Manager. 16.1.2. At a minimum, Franchisee shall have personnel available for the purposes of dispatch, complaint resolution, and other matters between the hours of 6:00 a.m. and 6:00 p.m., Monday through Friday and Saturday between the hours of 7:00 a.m. and 12:00 p.m. The office shall be equipped with a two way communication system to contact the Collection Supervisors, all Collection vehicles, and Franchisee's dispatcher (if applicable). 16.1.3. The office shall be equipped with sufficient telephones, and shall have a responsible, experienced person in charge during Collection hours. Franchisee shall provide a voice mail system when the office is closed. 16.1.4. Franchisee shall provide a process for receiving and handling emergency calls,both during and after normal operating hours. Such process shall be subject to the Contract Manager's approval. 16.1.5. Upon request of the County, Franchisee shall provide adequate office space to house County personnel to monitor Franchisee's operations and compliance with the Agreement. 16.2. Operations/Vehicle Maintenance Facility 16.2.1. Franchisee shall have an operations/vehicle maintenance facility located within Indian River County unless otherwise approved by SWDD. ARTICLE 17. COMPLAINTS AND DISPUTES 17.1. Calls and Communications 17.1.1. Franchisee shall maintain a log of all calls or other communications received from Customers or from SWDD related to services provided under the Agreement, including all inquiries, complaints, and compliments (Customer Call Log). The log shall be developed and kept in accordance with ArticleARTICLE 18. 17.1.2. The Customer Call Log should specifically identify Missed Collections and Legitimate Complaints. Legitimate Complaints can be based on SWDD observations, reports from Customers, or County review of Franchisee's Customer Call Log, service verification tracking, or other records and reports. Legitimate Complaints shall include any instance when Franchisee did not perform Collection Services in accordance with provisions of the Agreement including, but not limited to, the following: a. Missed Collections. b. Continued or repeated misses of a particular Customer or segment of the Franchise Area. c. Misuse and/or mishandling of Solid Waste or Collection Containers. d. Damage to public or private property. 517 17.1.3. If SWDD ora Customer notifies Franchisee of failure to provide Collection Services of properly prepared materials to a Customer on the Customer's regularly scheduled service day ("Missed Collection") before 12:00 p.m. Monday through Saturday, Frant.hisee shall returntolheCustomer's Premises before 7:00 p.m. the same day of the notification and collect all properly prepared Solid Waste, Yard Waste, Sulk Trash, and/or Program Recyclables. If notification of a Missed Collection is received after 12:00 p.m. Monday through Friday, Franchisee shall make every effort to collect all properly prepared Solid Waste, Yard Waste, Bulk Trash, and/or Program Recyclables that same day, but shall make such Collection no Iatrtr than 12:00 p.m. the following day, including Saturdays. If notification of a Missed Collection is received after 12:00 p.m. on Saturday.or anytime on Sunday, Franchisee shall collect all properly prepared Solid Waste, Yard Waste, Bulk Trash, and/ Program Recyclables before 12:00 p.m. on the next business day. 17.1.4. Franchisee shall resolve all complaints as expeditiously as possible and shall take whatever steps are necessary to remedy the cause of a complaint within twenty-four (24) hours after receiving notification from the Customer or SWDD. 17.1.5. Franchisee shall notify SWDD of the resolution of all Customer complaints received from the Customer or from SWDD, within twenty-four (24) hours of such receipt. 17.1.6. Franchisee shall notify SWDD of any issues that have not been resolved within twenty-four (24) hours after receiving notification. Franchisee may request, and the Contract Manager may grant, additional time to remedy a complaint when necessary. 17.1.7. Franchisee shall be responsible for all costs associated with the repair and/or replacement of damaged property of any kind that can be ascribed to the actions of its equipment, employees, or agents. 17.1.8. Franchisee shall immediately notify SWDD of any complaint involving a Residential or Commercial Customer's claim of damage to private property as a result of actions of Franchisee. Franchisee shall promptly repair any such legitimate damage claim at its sole expense within three business days as approved by the Contract Manager. Upon the request of Franchisee, the Contract Manager may grant a time extension. Proof of the need for an extension shall be submitted by Frd(ttltitea in writing. Franchisee shall provide SWDD with a full written explanation of the disposition and resolution of such complaint. 17.2. Dispute Resolution 17.2.1. The Contract Manager or their designee shall investigate all unresolved disputes between a Customer and Franchisee and shall resolve such disputes. 17.2.2. The Contract Manager or their designee shall notify Franchisee or the Customer, as appropriate, in writing of deficiencies, default in performance, or a dispute regarding implementation of County Code or provisions of the Agreement. 17.2.3. Franchisee or Customer shall have seven (7) Days to correct any deficiency or default unless otherwise specified herein or if additional time has been granted by the Contract Manager or their designee. 17.2.4. Any decision may be appealed to the County Administrator. The Gi,ltli?ty Administrator shall have the final determination to resolve disputes. ARTICLE 18. MONITORING AND REPORTING 18.1. Service Verification System 18.1.1. Franchisee shall provide and maintain a service verification system with real-time, web -based access by SWDD. Service verification software shall be capable of providing real-time, live reports online that can be downloaded in PDF and Excel formats. The system shall be free of any requirements for the Country 0 install and support any back-office software for the collection and delivery of such information. Franchisee is responsible for all associated software costs and maintenance. 518 El 31 Indian River County Sofid Waste Disposal District Solid Waste and Recyclables Francttise.kllooement 18.1.2. Service verification system shall utilize a web -based map providing locations of Customers or Collection Containers, showing real-time vehicle location and progress in completing each route (GPS tracking), and documenting Collection events. The system should also be capable of generating reports as needed based on Collection Service activity, including, but not limited to, Collection events, non -collection events and reason for such non -collection, resolution of Missed Collections, and set -out rates. Variables and fields used to supply and manage this information shall include, but not be limited to: a. Collection Container type and size (Roll Cart, Recycling Cart, etc.) b. Collection event date, time, and latitude/longitude coordinates c. Customer unique ID and address (County parcel number shall be used for Rosideittial Customers) d. RFID tag number (if applicable) e. Collection Container serial number (if applicable) f. Route and truck information g. Other information as requested by the Contract Manager or their designee h. Photographic and/or Video Imagery (upon request) 18.1.3. For any Collection Containers for which ownership reverts to the County at the end of the Agreement, the service verification software shall include an asset management database through which Franchisee shall be responsible for reporting and tracking the movement of all such Collection Containers, including Roll Carts. The database shall include deliveries, removals, exchanges, repairs, provision of an additional Roll Cart or Recycling Cart, warranty recovery, and other information necessary to manage cart assets, subject to approval of the Contract Manager. Franchisee shall make all adjustments to the database within forty-eight (48) hours of physical inventory exchange and completion of the work order. All software used shall have the ability to generate reports based on Collection Container activity including maintenance and inventory reports. Data fields shall include, but not be limited to: a. Work order number, date, and status b. Container type c, Customer unique 10 and address d. Collection Container serial numbers, new and old if replacement is required e. RFID tag numbers, new and old if replacement is required f. Recovery and delivery latitude/longitude coordinates g. Route information h. Other information as requested by the Contract Manager 18.1.4. The asset management information shall be uploaded into the web -based service verification system no later than seven (7) Days following the Commencement Date and maintained throughout the term of the Agreement. 18.2. Record Keeping 18.2.1. Franchisee shall maintain books, records, documents, time and cost accounts, and other evidence directly related to its provision or performance of services under this Agreement. All time records and cost data shall be maintained in accordance with generally accepted accounting principles. The SWDD shall have the right to perform audits of Franchisee's records at SWDD's expense, whenever the SWDD deems it necessary. 18.2.2. All logs required in this section shall be maintained and kept currentin an electrortic`database utilizing Microsoft Excel software in formats approved by the Contract Manager. Th#database shall be readily available to SWDD at any time through a shared network folder or by otherwise providing SWDD electronic access. 32 519 Indian River County Solid Waste Disposal 8istrict Solid Waste and Recyclables Franchise Agreement 18.2.3. Equipment Maintenance lop. Franchisee shall keep a maintenance log for each vehicle and piece of equipment showing, at a minimum, its identification number, date and description of routine maintenance activities, and date and description of additional maintenance and repair activities. 18.2.4. Non -Collection Notice Log. Franchisee shall maintain a log of all locations where Non -Collection Notices have been placed. At a minimum, the log shall include individual fields for the following information: date when the Non -Collection Notice was placed, Customer location, Customer type (Residential or Multi -Family Unit), and reason for each Non -Collection Notice. 18.2.5. Customer Call Log. Franchisee shall maintain a log of all calls or other communications received from Customers related to services provided by Franchisee including all inquiries and complaints. At a minimum, the log shall include individual fields for the following information: date and time the call was received by Franchisee, Customer name, Customer contact information, Customer location, Customer type (Residential or Multi -Family Unit), purpose for call, date the issue was resolved, and description of how the issue was resolved. 18.2.6. Bulk Waste Log. Franchisee shall maintain a log of the Bulk Waste, White Goods, and Tires collected from Residential Customers. The Bulk Waste Log will be required for supplemental Bulk Waste Collection only. At a minimum, the log shall include individual fields for the following information: date of Collection, Customer location, Customer type, whether or not Collection was requested by the Customer as Supplemental Service or provided as part of the included Collection Services, type of material collected (Bulk Waste, White Goods, or Tires), and quantity of material. 18.3. Daily Report 18.3.1. By 9:00 a.m. of each business day, Franchisee shall submit the Customer Call Log and Non -Collection Notice Log, and any Commercial Customer services terminated under provisions identified herein for the previous business day to the Contract Manager. 18.3.2. Daily Report shall also include the following: a. Any delays in the daily Collection schedule (e.g., disabled trucks, accidents, or shortage of staff causing route delays) that last for more than two hours, as required in Article 11.2.3. b. Placement of a Non -Collection Notice on a Collection Container that Franchisee believes contains Hazardous, Radiological, or Biomedical Waste, as specified in Article 14.3.5. c. Any accidents involving Franchisee's staff or vehicles resulting in injury, fatality, and/or damage to public or private property. d. Any spillage or littering occurrences. e. Any missed Rear Door services. 18.4. Monthly Report 18.4.1. Franchisee shall submit Monthly Reports to the Contract Manager, ih.an electronic format approved by the County, prior to the fifteenth (15) Day of the month. 18.4.2. The Monthly Report shall provide the following information for Residential Customer service: a. Roll Cart asset management report identifying all repair, replacement, and cart exchanges. b. List of Customers receiving Residential Collection Service and Residential Recyclables Collection Service (identifying Residential and Multi -Family Units). List shall include customer name, address, container size, frequency of collection, medical Rear Door Service, and billing rate. c. Tonnage collected during the month and in the year-to-date for each of the following materials. Solid Waste, Program Recyclables, and Yard Waste. t Number and weight of Bulk Waste collected during the month anclfbtthe year-to-date. Indian River County Solid Waste Disposal Diltrio Solid Waste and Recyclables Franchise Agreement e. Number of Wn—Collection Notices plac464*u.t,"**Customers dur"ing.the=month and in the:year to-date. f. Number of Missed Collections and Legitimate Complaints during the month and for the year- to-date. g. Percent routes complete and percent routes incomplete based on reports prepared through the service verification technology. 18.4.3. The Monthly Report shall provide the following information for Commercial Customer service: a. A Microsoft Excel spreadsheet of all Commercial Customers receiving Commercial Collection Services, including Solid Waste, Yard Waste, and/or Recyclables Collection. The spreadsheet should include individual fields for the following information and provide such information for each Commercial Customer: Customer account number, Customer name, Customer address, type of service (Solid Waste, Yard Waste, or Recyclables), type of Collection Container(s), size of Collection Container(s), number of Collection Container(s), Collection frequency for each Collection Container, owner of each Collection Container, and any supplemental service received. b. Number of Missed Collections and Legitimate Complaints during the month and for the year to-date. c. Names and addresses of any Commercial Customers that were offered and declined Recyclable Materials Collection Service. 18.4.4, Documentation and calculation of Franchise Fee linked to the monthly service (Residential Collection Service, and Commercial Collection Service) and identifying total monthly invoice and gross revenue received. 18.4.5. The Monthly Report shall include a reconciliation of received scale tickets and route load tickets. 18.4.6. The Monthly Report shall include notification of any accidents involving Franchisee's staff or vehicles requiring Department of Transportation (DOT) or Occupational Safety and Health Administration (OSHA) notification. 18.5. Annual Report 18.5.1. Franchisee shall submit Annual Reports to the Contract Manager, in an electronic format approved by the County, by January 31, 2026, and October 30 of each year for the remainder of the Agreement term. 18.5.2. The Annual Report shall include the following information: a. Annualized information for all items required in the Monthly Report for both Residential and Commercial Customer Collection Service, to include Residential Recycling Collection Service. b. A complete list of all vehicles and equipment currently employed in the provision of Collection Services including make, type, year, license number, and identification number for each. c. Current route maps in GIS format approved by Contract Manager and schedules for all Collection Services. d. An inventory, indicating quantities and condition, of equipment, facilities, manpower, and other resources that the Contract Manager deems necessary for planning for emergency conditions. e. Any proposed changes in the AgrftMent the Franchisee wishes to offer that will increase operating efficiency or reduce cost` 65WDD. 18.5.3. Recycling Participation: Franchisee shall determine the number of customers participating in the Residential Recyclables Collection Service. Customer participation may be conducted using service verification software. SWDD may request a participation report, as needed. 34 521 Indian River County 50id waste Disposal Diistmt Solid Waste and Recyciables FranchiseAgr"Ment 18.5.4. Franchisee shall provide an Audited Financial Statement with an unbiased opinion, as prepared by a certified public accountant, including a balance sheet for the most recently completed 12 -month period ending with corporate year-end within 75 days from the end of the corporate year-end. 18.5.5. Other Reports, Documents, and Notifications a. Transition Plan. Franchisee shall submit a Transition Plan meeting the requirements of Article 5 to the Contract Manager within thirty (30) Days of the execution of the Agreement. b. Collection Plan. Franchisee shall provide theGontract Manager with a Collection Plan and any changes in the Collection Plan in accordance with Article 5.1.3. This includes submitting a description of all proposed route and schedule changes, including service levels, at least thirty (30) Days prior to implementation of such changes or in accordance with an alternate notification deadline approved by the Contract Manager. c. Contingency & Continuity of Operations Plan. Franchisee shall provide a Contingency Plan in accordance with Article 23.1 to the Contract Manager within 30 calendar days of the execution of the Agreement and any updates to the plan over the term of the Agreement. d. Safety Plan. Franchisee shall provide a Safety Plan and any updates to the plan in accordance with Article 14.6. 18.5.6. General Recordkeeping and Reporting Requirements 18.5.7. Franchisee shall cooperate with the Contract Manager in providing every reasonable opportunity for ascertaining whether oi• not the duties and responsibilities of Franchisee are being pelt nted. 18.5.8. Franchisee shall provide any information, in addition to that required explicitly by the Agreement, that the Contract Manager or Franchisee may deem relevant under the particular circumstances. 18.5.9. Non-proprietary work papers of Franchisee's auditor that are directly associated with this Agreement shall be made available to SWDD upon request by the Contract Manager. ARTICLE 19. PARTICIPATION GROWTH STRATEGY 19.1. Residential Participation 19.1.1. Franchisee shall be committed to assist SWDD in increasing waste diversion for residential, multi -family, and commercial generators. All forms of communication regarding the County's programs including, but not limited to, electronic, written, audio, video, graphics, logos, etc., shall be reviewed and approved by the Contract Manager, or designee, prior to disseminating or presenting publicly. 19.2. Commercial Recycling Participation 19.2.1. Franchisee will have a designated Commercial Account Manager to direct Franchisee efforts to work directly with businesses to review current container size and service frequency and provide an analysis detailing cost savings that may be realized by adding a recycling program. This effort shall be documented and summarized in a monthly report to Contract Manager, ARTICLE 20. EDUCATION, PROMOTION AND PUBLIC AWARENESS 20.1. Participation in County Activities 20.1.1. Franchisee shall participate in SWDD solid waste program activities including, but not limited to, public appearances in support of SWDD's recycling program, use of SWDD's recycling theme; colors, and logos on Collection vehicles and recycling Roll Carts and Commercial Containers, distribution of promotional literature, participation in special events, special educational presentations, and similar activities. This may include partnering with SWDD and Indian River County Schools to present programs on recycling and sustainability on- site at the schools. All literature shall include the County's most recent branding standard'antl shall beapproved in advance by the Contract Manager. 35 522 Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement 20.2. Use of County Themes and Logos 20.2.1. Franchisee must obtain pre -approval from the Contract Manager prior to using the County logo on materials or messaging of any kind. 20.2.2. Franchisee shall display, upon request, SWDD's recycling, waste reduction, and conservation themes and logos on signs (decal or painted) andon designated vehicles used in providing Collection Services. Lettering size shall be appropriate to the size of the sign. The Contract Manager shall approve the content, style, size, and form. The cost of complying with this section will be considered part of Franchisee's annual education, promotion, and public awareness requirement. 20.3. Distribution with Recycling Containers 20.3.1. Franchisee shall distribute informational, promotional, and educational materials tbrochures, newsletters, door hangers, etc.) provided by SWDD, with each new or replacement Recycling Rolt Cart delivered to a Customer. 20.4. Distribution of Information to Commercial Customers 20.4.1. Franchisee shall include in notices to all Commercial Customers information regarding the County's recycling program, waste reduction, conservation programs, and Hazardous Waste Collection programs. These notices shall occur in March and November of each year and Franchisee shall issue this notice under the direction and to the satisfaction of the Contract Manager, ARTICLE 21. FRANCHISE FEE The Franchise Fee shall pertain to Residential Collection Service and Commercial Collection Service. No Franchise Fee is required for Residential Recyclables Collection Service. Franchisee shall remit a Franchise Fee in the amount of six percent (6%) of gross revenues collected in the immediately preceding month pursuant to the Franchise granted herein to the SWDD, by check, on or before the fifteenth (15th):Dayofe=h. month. Franchisee shall remit a Franchise Fee in the amount of six percent (6%) of gross revenues collected in the immediately preceding month for Residential Collection Service and Commercial Collection Service minus Residential Recyclables Collection Service provided within the municipal boundaries of the Town of Indian River Shores,. by check, on or before the fifteenth (15th) Day of each month. ARTICLE 22. COMPENSATION 22.1. Collection Service Rates 22.1.1. Rates for Residential Collection Services, Residential Recyclables Collection Service, and Commercial Collection Service are provided in Exhibit 1. All rates are subject to rate adjustments set forth in Article 22.2. No additional fees or charges shall be billed by the Franchisee unless approved by the Contract Manager. 22.1.2. The Residential Collection Services rate is the total rate that maybe charged by Franchisee and includes all collection costs and Franchise Fees. Franchisee shall not separately state the amount of the Franchise Fee on any bill to any Residential Customer. 22.1.3. The rates for Commercial Collection Service set forth in this Agreement include the Franchisee Fee. Disposal is a pass-through charge for all roll -off services based on actual tonnage and the applicable fees at the Designated Facility. 22.2. Rate Adiustment 22.2.1. Franchisee may request an annual rate adjustmorlt. Such request must be submitted in writing to SWDD no later than March 15th of the year in which the Franchisee would like the rate adjustment to go into effect. The Contract Manager shall review the request and shall make a recommendation to the Board. Such rate adjustments are subject to approval by SWDD Board. If approved, the rate adjustment would become effective October 1 of that year. 36 Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement 22.2.2. If a rate adjustment is requested, the calculation $hap boirnade as speoWij1'Exhibit 4 and shall not exceed five percent (5%) or as approved by SWDD Board. 22.2.3. All notices to customers regarding rate adjustments must be approved by SWDD prior to being issued, 22.3. Change in Law Rate Adiustment 22.3.1. Franchisee may petition the SWDD for an additional rate adjustment resulting from a Change in Law. The Franchisee's request shall contain substantial proof and justification to support the need for the rate adjustment. The SWDD may request from the Franchisee such further information as may be reasonably necessary in making its determination. Within sixty (60) Days of receipt of the request and all other additional information required by the SWDD, the Contract Manager shall make a determination regarding the fairness of the request and shall make a recommendation to the Board'. The Board shall consider the request at a regularly scheduled meeting. If the Board approves the request,,ddjusted rates shall become effective upon the Board's approval. All notices to customers regarding rate adjustrO"ts must be approved by SWDD prior to being issued. 22.4. Limitation on Rate Changes 22.4.1. Franchisee shall not be allowed a rate increase for any reason other than those expressly specified in this Agreement. Notwithstanding the foregoing, in the event that a federal, state, or local entity imposes a fee, charge, or tax after October 1, 2025, that applies to Franchisee's operations, such fee, charge, or tax shall be treated as a Change in Law and shall be passed through as a separate billed item after notice to, and confirmation by, the SWDD Board. 22.5. Billing and Payment 22.5.1. Residential Collection Service SWDD shall provide Franchisee with the final count each month of customers receiving Residential Collection Service. Franchisee shall then submit an invoice to the SWDD each month for Residential Collection Service provided during the immediately preceding month according to final customer count provided by SWDD. SWDD shall make payment to the Franchisee for all undisputed amounts in accordance with the Florida Prompt Payment Act upon verification by the SWDD staff of the invoice submitted. 22.5.2. Residential Recyclables Collection Service SWDD shall provide Franchisee with the final count each month of customers receiving Residential Recyclables Collection Service. Franchisee shall then submit an invoice to the SWDD each month for Residential Recyclables Collection Service provided during the immediately preceding month according to final customer count provided by SWDD. SWDD shall make payment to the Franchisee for all undisputed amounts in accordance with the Florida Prompt Payment Act upon verification by the SWDD staff of the invoice submitted. 22.5.3. Commercial Collection Service Billing of Commercial Collection Service shall be the sole responsibility of Franchisee. Invoicing shall be monthly in advance of services rendered, with the exception of roll -off pull and disposal charges which shall be billed in arrears. Franchisee may discontinue service to a Commercial Customer upon non- payment for two (2) consecutive months. Franchisee shall notify Contract Manager of intention to discontinue service due to non-payment. ARTICLE 23. EMERGENCY SERVICES 23.1. Contingency and Continuity of Operations Pian Franchisee shall develop a plan in the event that a storm event or emergency situation renders Franchisee's operations yard and/or equipment unusable for a period of time that would interrupt Collection Services (Contingency & Continuity of Operations Plan (i.e., Disaster Response Plan). The Plan shall Outline the process by which Franchisee shall avoid interruption in Collection Services, including extra staffing, equipment, and 37 524 Indian River County Solid Waste Disposal District Solid Waste and Recyclables Franchise Agreement resources to be utilized, backup generators for fueling and offices and backup procedures and locations should Franchisee's facility or offices be damaged and shall be submitted a minimum of thirty (30) Days prior to the Commencement Date. It shall also outline measures to be taken to resume services defined within this Agreement and shall be updated by March 31" of each year. SWDD shall coordinate with Franchisee if a disaster should require temporary closure, or modification to the hours of operation of the Designated Facility. Franchisee shall be familiar with local, state, or federal agency documentation requirements, including but not limited to the generality of the foregoing, rules, regulations, and guidelines applicable to FEMA's Public Assistance Program for Debris Removal!, as such requirements change from time to time. Franchisee shall maintain complete and accurate records of any and all such Disaster Work and provide all required and necessary documentation for submission of cost reimbursement requests. Franchisee shall be required to submit its FEMA documentation of costs to the SWDD as a condition of payment for additional personnel and equipment pursuant to this Article. 23.2. Variance in Routes and Schedules In the event of a hurricane, tornado, major storm, other natural or man-made disaster, the Contract Manager may grant Franchisee a variance from regular routes and schedules. Such variances shall only be taken when authorized in writing by the Contract Manager. In the event such a variance is granted, there shall be a corresponding reduction in payment to Franchisee reflective of the type of service, frequency, and duration of variance granted. As soon as practicable after such a disaster, Contract Manger shall advise Franchisee in writing the date services, routes, and schedules shall be resumed. Upon receipt of notification, Franchisee shall be responsible for resuming services on said date. A minimum of forty-eight (48) hours notification shall be given to Franchisee_ The County shall make every effort through the local news media to inform the public when regular services can resume. 23.3. Emergency Management/Disaster Meetings Franchisee shall attend emergency management/Disaster meetings as requested by the Contract Manager and shall provide any materials that may be useful to the discussion including, but not limited to, Collection schedules and routes and security codes to private community gates. The County shall notify Franchisee of the date, time, and location of the meetings, and any necessary materials to be provided by Franchisee. ARTICLE 24. PERFORMANCE 24.1. Performance Bond Franchisee shall furnish a performance bond as security for the performance of this Agreement with the SWDD within thirty (30) Days of the Effective Date. Said performance bond will be equal to the greater of the fifty percent (50%) of the previous year's invoiced service fees, or fifty percent (50%) of the anticipated service fees for the first year of the Agreement. The premium for the performance bond described above shall be paid by Franchisee. The performance bond shall be written by a surety company licensed to do business in the State of Florida with an A.M. Best Financial rating of A -VI or higher for the most current calendar year available. The Surety or Sureties shall be a company or companies satisfactory to the SWDD. 24.1.1. Said bond shall be forfeited should Franchisee: a) Fail to comply with the requirements of this Agreement; or b) Take the benefit of any present or future insolvency status or make a general assignment for the benefit of creditors, or file a voluntary petition in bankruptcy or a petition or answer seeking an arrangement of reorganization or the readjustmentof Indebtedness udder the Federal bankruptcy laws or under any law or statute of the United States or any state thereof, or consent to the appointment of a receiver, trustee, or liquidator of all or substantially all of Franchisee's property; or c) By an order or decree of a court to be adjudicated bankrupt; or 525 38:: d) Have an order or decree of a court entered approving a petition filed by any of Franchisee's creditors seeking a reorganization or readjustment of Franchisee's indebtedness under the Federal Bankruptcy laws or any law or statute of the United States or any state thereof, provided, however, that if any such judgment or order is vacated within sixty (60) Days after the entry thereof, any notice of cancellation shall be and become null, void, and of no effect. 24.2. Administrative Charges 24.2.1. The Contract Manager shall notify Franchisee in writing by the tenth (10) Day of the month of the County's intent to deduct any administrative charges, as set forth in Article 24.2, including the basis for each administrative charge, from payments due or to become due to F�ranchisee for service provided ander this Agreement. 24.2.2. In the event Franchisee wishes to contest such monthly assessment, Franchisee must do so. *n ten (10) Days of issuance of each assessment notification by requesting, in writing, a meeting with the Contract Manager to resolve the issue. Following such a meeting, the Contract Manager shall notify Franchisee in writing of any action taken with respect to Franchisee's claims. Franchisee may further appeal, in writing, the decision of the Contract Manager to the County Administrator, who shall conduct a review of all of the facts and circumstances and make a determination in writing. The County Administrator's decision shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent, capricious, arbitrary, so grossly erroneous as to necessarily imply bad faith, or not supported by competent evidence. 24.2.3. Franchise Fee payments received after the fifteenth (15) Day of the month shall bear interest at eighteen percent (18%) per year. Unless due to an Uncontrollable Force, Franchise Fee payments received more than thirty (30) Days after the due date shall be subject to an administrative fee of $500 for the first nonpayment; $1,500 for the second nonpayment; and $5,000 for the third nonpayment. Three late payments in any single calendar year that are not due to an Uncontrollable Force shall result in termination of this Agreement. 24.2.4. The Contract Manager may assess the following administrative charges pursuant to this Article on -a monthly basis in connection with the Agreement: Failure to resolve a Legitimate Complaint, other than Missed $100 per day until Collection, within 24 hours of notification unless otherwise approved complaint is resolved to by the Contract Manager (Article 17.1.4). satisfaction of the County Reoccurring Complaint: Failure to correct chronic problems (chronic I shall mean three or more similar Legitimate Complaints at the same Premises within a 90 -day period) in any category of service. Reporting unresolved Missed Collection or Legitimate Complaint as resolved. Failure to leave a Non Collection Notice for Customer explaining why material was not collected. (Article 14.3). Failure to maintain a customer service office for the hours required (Article 16.1.1). Failure to clean up spilled material from (Article 14.1.7). $500 per occurrence for the 3rd occurrence $1,000 per occurrence thereafter $500 per occurrence $250 per occurram $500 per occurrence per and/or transporting $500 per occurrence i 526 39 Failure to completeeach street on a route (including missing whole $1,000 per street per day I or parliai streets) on the regularly scheduled Collection Day. Failure to respond to Missed Collections in the timeframe required in $100 per premise per j the Agreement (Article 17.1.3). occurrence for 15' notification Failure to provide Collection Services to new Cu3t#111 ttilithirt iEen $100 per occurrence per calendar days of receiving notification (Article 6.1;. day late Providing Collection Services outside of the days and hours specified $100 per occurrence in the Agreement unless otherwise approved by the Contract Manager (Article 8). Failure to deliver Residential Waste or Commercial Waste to the $5,000 per occurrence, Designated Facilities (Article 10). plus 125% of tipping fee at Designated Disposal Site per ton delivered elsewhere M terials . s " �ka Mixing of loads of materials as prohibited by the Agreement without $5,000 per occurrence prior written approval from the Contract Manager (Article 14.2). Reporting and Notifications Failure to submit any report, log, or documentation, with the proper $100 per day that each content and format, in the timeframe required (Article 18). report, log, or documentation is late Failure to properly notify all Customers of changes lnL CoUdctiM Dais $3,000 per occurrence within the timeframe specified (Article 3L -d~2. Failure to properly notify the Contract Manager of changes in $1,000 per occurrence Residential Collection Service routes or schedules (Article 11R2.1j.. { Equipment and Staffing Failure to provide appropriate Collection Containers to Customers L$100 per Collection prior to the Commencement Date unless otherwise approved by the frontainer per day Contract Manager (Article 12,2.1). Failure to have fully functional real time service verifrcatiolt system $500 per day for each day and current and accurate asset management database, as specified late In Article 18.3.1, in operation by the Commencement Date. Failure to properly and legibly label Recycling Containers, $100 per container par. Commercial Containers SO4/or Rttl1 Cardto Identify st WOopriate d$y materials to be placed bt such cohtainers (e.g., Solid Waste, Yard Waste, Recycling, etc.). $glrar occurrence per Failure to repair, replace, exchange, or provide addiip'r# eatiipit Containers within the time specified (Amide 1Z3). day Indian River County SoUd Waste Disposal District Solid Waste and Recyclabtes Franchise Agreement Failure to correct chronic equipment problems (chronic shall mean three (3) instances of the same or similar problem with the same equipment/truck within a twelve (12yrrtonth periody; Failure to correct personnel problems (chronic shall mean three (3) instances of the same or similar problem with the same individual within a twelve (12) month period). ARTICLE 25. CHANGES TO SERVICE 25.1. Addition or Deletion of Recyclable Materials $500 per occurrence for the 3rd occurrence $1,000 per occurrence thereafter $500 per occurrence for the 3", occurrence $1,000 per occurrence thereafter 25.1.1. Should SWOD decide to add to or delete from the list of materials included in Program Recyclables, as provided in Exhibit 3, SWDD and Franchisee shall enter good faith negotiations to amend the Agreement to reflect such modifications, if any are necessary due to weight or volume changes that impact collection routes. At such time SWDD determines it is feasible to add or delete materials to the list of Program Recyclables, Franchisee shall be given sixty (60) Days' notice to adjust service accordingly. 25.1.2. Should SWDD and Franchisee fail to reach an agreement regarding the Rate for the addition or deletion of materials to the list of Program Recyclables, SWDD retains the right to enter mediation as specified in the Agreement. ARTICLE 26. TERMINATION 26.1. Failure to Maintain Performance Bond and Insurance. SWDD reserves the right to terminate this Agreement if Franchisee faiils fo obtain and maintain the Performance Bond as set forth in Article 24.1 and the insurance set forth in Article 27. 26,2. Scrutinized Companies Franchisee is advised that section 287.135, Florida Statutes, prohibits agencies from contracting with companies for goods or services of One Million Dollars ($1,000,000.00) or more that are on either the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List. Both lists are created pursuant to section 215.473, Florida Statutes. SWDD reserves the right to terminate this Agreement if the SWDD discovers that the Franchisee has submitted a false certification regarding the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List, and/or if, during the term of the Agreement, the Franchisee has been placed on the Scrutinized Companies with Activities in the Sudan List and/or the Scrutinized Companies with Activities in the Iran Petroleum Energy List. Franchisee certifies that it and those related entities of Franchisee as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to Section. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel SWDD may terminate this Contract if Franchisee, 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 imsection 215.4725, Florida Statutes. 26.3. Bankruptcy 26.3.1. The SWDD reserves the right to terminate this Agreement if Franchisee takes the benefit of insolvency statute, or shall make a general assignment for the benefit of creditors, files a voluntary petition in bankruptcy, petitions or answers seeking an arrangement for its reorganization or readjustment of its indebtedness under 41 528 Indian River County Sofid Waste Disposal DiArict Solid Waste and Recyclables Franchise Agreement the federal bankruptcy laws or under any other law or statute of the United States, or any state thereof, or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property. 26.3.2. The SWDD reserves the right to terminate this Agreement if by order or decree of a court, the Franchisee shall be adjudged bankrupt, or an order shall be made approving a petition filed byany of its creditors or by any of the Stockholders of the Franchisee seeking its reorganization or the readjustment of its indebtedness under federal bankruptcy laws or under any law or statute of the United States or of any state thereof; provided that, if any such judgment or order is stayed or vacated within sixty (60) days after the entry thereof, any notice of cancellation shall be and will become null, void, and of no effect. 26.3.3. The SWDD reserves the right to terminate this Agreement if by or pursuant toot under authority of any legislative act, resolution, or rule, or any order or decree of any court or governmental board, agency, or officer having jurisdiction, a receiver, trustee, or liquidator shall take possession or control of all or substantially all of the property of the Franchisee, and such possession of control shall continue in effect for a period of sixty (60) days. 26.4. Default SWDD may terminate this Agreement by written notice of default to the Franchisee if Franchisee fails to perform or observe any of the terms and conditions of this Agreement for a period of thirty (30) days after receipt of notice of such default. Should Franchisee make good faith effort to cure any notified failure that exceeds the thirty (30) day period, SWDD shall retain the right to make final determination on the termination for default. Franchisee may terminate this Agreement by written notice of a default to SWOD only upon SWDD's material breach of a non-payment due under this Agreement. A material breach shall not include allowed deduction for Administrative Charges and shall not include any allowable timeframe per the Florida Prompt Payment Act. Should SWDD make a good faith effort to cure any notified breach that exceeds the thirty (30) day period, Franchisee shall retain the right to make final determination on the termination for default. ARTICLE 27. INSURANCE Franchisee shall not commence work until all the insurance required under this section has been obtained, and until such insurance has been approved by the SWDD. 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. Workers' Compensation as required by the State of Florida • Each accident $100,000 • Each Disease —each employee $100,000 • Each Disease — policy limit $500,000 General Liability • Each Occurrence $1,000,000 • Fire Damage -any one fire $50,000 • Medical Expenses -any one person $5,000 • Personal and Advertising injury $500,000 • General Aggregate $3,000,000 • Combined Single Limit $3,000,000 Automobile Liability — Combined Single Limit $1,000,000 Professional Liability Insurance • $1,000,000 per occurrence • $2,000,000 aggregate combined single limit • $5,000 maximum deductible per claim 42 529 The policy shall cover the firm, all employees, and/or volunteers, and all independent contractors, subcontractors and professional contractual persons hired or retained by contractor. All above insurance policies shall be placed with insurers with a Best's rating of no less than A -VII. The insurer chosen shall also be licensed to do business in Florida. The insurance policies procured shall be "Occurrence" policies or as generally available on the open insurance market. The Insurance Carriers shall supply Certificates of Insurance evidencing such coverage to the Indian River County Risk Management Department prior to the execution of this Agreement. The insurance companies selected shall send written verification to the Indian River County Risk Management Department that they will provide 30 Days written notice to the Indian River County Department of Risk Management of its intent to cancel or terminate. ARTICLE 28. OTHER TERMS AND CONDITIONS 28.1. Piggyback Clause Franchisee shall allow other Municipalities located within the Recycling Franchise Area to obtain the same solid waste residential collection services and commercial collection services at the same terms and conditions as this agreement. Franchisee may negotiate separate agreements with Municipalities located within or outside the Recycling Franchise Area for solid waste collection services that diverge from the terms and conditions in this agreement. The SWDD is not a party to any agreement or dispute between Franchisee and any other Municipality. 28.2. Partnership O000rtunities Franchisee shall enter good faith negotiations with County for partnership opportunities that arise during the term of the contract. This may include, but is not limited to, utilizing a County Landfill Gas to Renewable Natural Gas (RNG) Public -Private fueling facility located near the Indian River County Solid Waste Disposal District Facility for refueling fleet. 28.3. Indemnification The Franchisee shall defend, indemnify and hold harmless the County and its commissioners, officers, employees and agents, from any and all losses, damages, expenses (including reasonable attorney's fees) and other liabilities of any type whatsoever, arising out of or relating to any negligence, intentional tort, breach of contract, or breach of Applicable Law by the Franchisee, or its employees, agents, subcontractor's, or other persons or entities performing work under this Agreement. Franchisee's duty to indemnify shall not extend to acts, neglect, errors, omissions, or defaults caused by County employees or agents. This section shall survive the termination or expiration of this Agreement. 28.4. Assignment No assignment of this Agreement or any right occurring hereunder shall be made in whole or in part by Franchisee without the express written consent of the SWDD. In the event of any assignment, assignee shall assume the liability of Franchisee. 28.5. Severability If any Article, sub article, sentence, clause or provision of this Agreement is held invalid, the remainder of the Agreement shall not be affected. 28.6. Compliance with Laws and Regulations Franchisee agrees that they will comply with all Federal, State, and Applicable Law, including OSHA, EPA, and any other requirements that may apply, to the production, sale, and delivery of the goods or the furnishing of any labor or services called for by this Agreement, and any provisions required thereby to be included herein shall be deemed to be incorporated herein by reference. Noncompliance may be considered grounds for termination of this Agreement. 530 E3 43 28.7. Sovereign Immunity The SWDD reserves and does not waive any and all defenses provided to it by the laws of the State of Florida or other Applicable Law, and specifically reserves and does not waive the defense of sovereign immunity. 28.8. Right to Require Performance The failure of the SWOD at any time to require performance by Franchisee of any provisions thereof shall in no way affect the right of the SWDD thereafter to enforce same. Nor shall waiver by the SWDD of any breach of any provision hereof be taken or held to be a waiver of any succeeding breech of such provision or as a waiver of and provision itself. 28.9. Modification This Agreement constitutes the entire agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed, or amended in any respect unless in writing and signed by the parties hereto. 28.10. Reservation of Rights The SWDD hereby expressly reserves the right to amend this Agreement, which may be necessary or proper to secure and protect the health, safety, moral, general welfare and accommodation of the public including, but not limited to, amendments related to rates, and to protect the public from danger and inconvenience in the management and operations of solid waste services business, and to provide such service as is contemplated by this Agreement, 28.11. Independent Franchisee It is understood and agreed that nothing herein contained is intended or should be construed as in any way establishing the relationship of co-partners or a joint venture between the parties hereto or as constituting Franchisee as an agent, representative or employee of the SWDD for any purpose whatsoever. Franchisee is to be, and shall remain, an independent contractor with respect to all services performed under this Agreement. Persons employed by Franchisee in the performance of services and functions pursuant to this Agreement shall have no claim to pension, workers' compensation, unemployment compensation, civil service or other employee rights or privileges granted to the SWDD's officers and employees either by operation of law or by the SWDD. 28.12. Governing Law, Venue The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of the terms of this Agreement shall be litigated in Indian River County, Florida or if in Federal Court then it is in the Southern District of Florida. 28.13. Public Access The Franchisee shall comply with Florida's Public Records Law in accordance with the provisions of Chapter 119, Florida Statutes. Specifically, the Franchisee shall keep and maintain public records that ordinarily and necessarily would be required by the SWDD in order to perform the service. The Franchisee shall provide the public with access to public records on the same terms and conditions that the SWDD would provide therecords at a cost that does not exceed the costs provided in Chapter 119 or as otherwise provided by law. The Franchisee shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. The Franchisee shall meet all requirements for retaining public records and transfer, at no cost, to the SWDD, all public records in possession of the Franchisee upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements_ All records stored electronically must be provided to the SWDD in a format that is compatible with the information technology systems of the County. 28.14. Waiver A waiver of any breach of any provision of this Agreement shalt riot constitute or operate as a waiver of any other breach 9f such provision or of any other provisions, nor shall any failure to enforce any provision hereof operate as a waiver of such provision or of any other provisions. Indian River County Scold Waste Disposal District Solid Waste and Recyclables Franchise Agreement 28.15. Survival of Obligation All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations shall survive final payment, completion and acceptance of the work and termination or completion of the Agreement. 28.16. Attorney's Fees In the event of any litigation which arises out of, pertains to, or relates to this Agreement, or the breach of it, including, but not limited to, the standard of performance required in it; the prevailing party shall be entitled to recover its reasonable attorneys' fees from the non -prevailing party, at both trial and appellate levels. 28.17. Headings Headings in this document are for convenience of reference only and are not to be considered in any interpretation of this Agreement. 28.18. Notice All notices required or contemplated by this Agreement shall be addressed and sent by certified U.S. mail to the SWDD and Franchisee as follows: To SWDD: Managing Director Indian River County Solid Waste Disposal District 1325 74" Avenue SW Vero Beach, Florida 32968 To Franchisee: District Manager Waste Management, Inc. of Florida 4310 77`" Street Vero Beach, Florida 32967 28.18 E -Verify Franchisee 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 forth! duration of this agreement, as required by Section 448.095, F.S. Franchisee 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. 45 532 Indian River CgVOk.V Solid Waste -Disposal Qis riot Solid Waste and Recyclables Franchi9eAgreemeot IN W1T*M WHEMOF; the parties hereto have caused this. n—wa%*toiAw ted ^ rirltitl-authorized officers the day and year first above written. Attest: SdM Was" Disposal District Ryan L. Butler, Clerk of CooftaW (:a1nptrQ1ler Indian River Count, Florida Deputy Clerk Susan Adams, Chairman Date Approved by SWDD: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 TIAL COLLECTION SERVICE RATES Universal Monthly Fee / Unit e: 1x/week collection in Franchisee rovided Roll Carts tasite: $6.98 Yard lxhveek collection in Franchisee provided Roll Carts $3.86 Bulk Trash: 1 xMreek cobetion $3.18 Total Monthly Rate $14.02 GOVERNMENT BUILDINGS AND FACILITIES RECYCLING Monthly Fee / Unit 64 -Gallon $35.00 2 cu yd $82.04 4 cu yd $164.17 6 cud $246.32 8 cu $32846 S is Service $102.71 18 19 COMMERCIAL CART SERVICE RATES Fee/Pickup 20 Commercial Cart Service n Franchise rmAded 96 gal Roll Cart $15.00 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (G. nUnuedon ft next pop) COMMERCIAL AND MULTI -FAMILY SOLID WASTE RATES St$ t NON -COMPACTION CONTAINERS • COMPANY OWNED 6 EXTRA ON CALL SERVICE MONTHLY PICK-UP CHARGE CHARGE SIZE (c) 1 COLLECTION FREQUENCY PER WEEK 2 3 4 5 6 EXTRA ON CALL SERVICE MONTHLY PICK UP CHARGE CHARGE 1.0 $46.76 $93.52 $140.29 $187.05 $23181 $280.57 $7500 $125.00 $175.00 2.0 $9352 $187,04 $280.57 $374.09 $46761 $561.13 $85.00 $125.00 $185.00 3.0 $140.28 $280.57 $420.85 $561.13 $70142 $841.70 $95.00 $125.00 $195.00 40 $187.04 $374.09 $561.13 $748.18 $93522 $1,122.26 $110.00 $150.00 $210.00 6.0 $280.57 $561.13 $841.70 $1,122.26 $1,40283 $1,683.40 $148,DDI $160.00 $375.00 8.0 $374,09 $748.18 $1,122.26 $1,496.35 $1.870.44 $2,244.53 8175.00 $175.00 $475.00 44 (G. nUnuedon ft next pop) NON -COMPACTION CONTAINERS • CUSTOMER OWNED St$ t COLLECTION FREQUENCY PER WEEK 2 3 4 5 6 EXTRA ON CALL SERVICE MONTHLY PICK-UP CHARGE CHARGE to $44.62 $91.44 $138.13 $184.92 $231.63 $278.42 $75.00 $125.00 $175.00 20 $89.30 $182.77 $276.30 $371.98 S463.43 $556.92 $85.00 $125.00 $185.00 30 $133.91 5274.20 $414.51 $554.74 $695.07 $835.40 $95.00 $125.00 $195.00 40 $178.59 $367.69 $552.70 $739.73 $926.81 $1,113.72 $110.00 $150.00 $210.00 60 $267.85 $548.47 $828.99 $1,109.54 $1390.14 $1670.71 $148.001 $160.00 $375-00 80 $357.15 $731-25 $1.105.33 $1,479.55 .51 $2227.60 $175.001 $175.00 5475.00 44 (G. nUnuedon ft next pop) 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 BO 81 82 83 SIZE c) 1 COM RS - COMPANY OWNED COLLECTION FREQUENCY PER WEEK 2 3 4 5 6 EXTRA ON, CJILL SERWE MONTHLY PICK-UP CHARGE CHARGE 1.0 $56.68 $113.36 $170.04 $226.72 $283.40 $340.08 $175.00 $12500 $175.00 2.0 $113.36 $226.72 $340.08 $453.44 $566.80 $680.16 $155.00 $12500 $185.00 3.0 $170.04 $340.08 $510.12 $680.16 $850.20 $1,020.24 $195.00 $12500 $195.00 4.0 $226.72 $453.44 $680.16 $906.88 $1,133.60 $1,360.32 $210.00 $15000 $2%00 6.0 $340.08 $680.16 $1,020.24 $1,360.32 $1700.40 $2,040.48 $375.0 $16000 $375.00 8.0 5453.44 $906.88 $1,360.32 $1,813.7 . 52267.20 $2,720.64 $475.00t_$175 00 9475,001 SIZE (cy) 1 COLLECTION FREQUENCY PER WEEK 2 3 4 5 ED 6 EXTRA ON CALL MONTHLY CHARGE SERVICE PICK-UP CHARGE 1.0 $48.23 $104.91 $161.63 $218.26 $274.93 $331.57 $175.00 S12500 $175.00 2.0 $104.91 $218.27 $331.67 $444.98 $558.33 $671.65 $185.00 $125.00 $185.00 3.0 $157.36 $32736 $497.48 $667.42 $837.51 $1,007.50 $195.00 $125.00 $195.00 40 1 $209.81 $436.47 $663.24 $890.01 $1,116.68 $1,343.37 $210.00 $150.00 $210.00 6.0 $323.68 $654.75 • $994.86 $1,334.94 $1,675.02 $2,015.13 $375.00 $16000 $375,00 8.0 $419.59 $873.07 $1,326.47 $1,779.94 $2,233.34 $2,686.78 $475.00 $175.00 $47500 ROLLOFF RATES - NON COMPACTED Landfill Disposal Rates ROLLOFF RATES - COMPACTED Landfill Disposal RatesApply) All Sizes 15 - 40 cu d All Sizes 15 - 40 cu d Fee per pull 1 $289.52 Fee per ptAl 1 $365,22 Monthly Container and Maintenance Fee 1 $225.00 Mcnthly Container and Maintenance Fee 1 $83375 SUPPLEMENTAL CHARGES COMMERCIAL. RESIDENTIAL AND MULTI -FAMILY RECYCLING Container Roll Out and Return - Fee per event $75.00 W Rec fables: Container Roll Out and Return - Fee per event $2000 Unlock & Locking Containers - Fee per event $75.00 Each additional Roll Cart - Fee per cart and distribution $10000 Nbving oust. container at request) - Fee per event 5150.00 Collection of additional Roll Cart - Fee per month $1500 Opening and closing doors or gates - Fee per event $75.00 Cart cleaninfl services - Fee per event $150.00 Locks for containers - One time fee $175.00 knproperty prepared Solid Waste - Fee per c $35.00 M ro prepared Yard Waste - Fee per cy Excessive Yard Waste - Fee per cy Excessive Bulk Trash - Fee per cy $35.00 00 $35.00 Indian River County Solid Waste Disposal District Solid Waste and Reeyctables Franchise Agreement EIERIgff PROGRAM RE00AAM The following are Program Recyclables to be collected by the Franchisee: PLASTICS: All plastic bottles and jugs, PAPER: All paper not contaminated by food, including newspaper, magazines, catalogs, telephone books, junk mail, office paper, cardboard, paper bags, paperboard food boxes including clean pizza boxes, chipboard paper, file folders, envelopes with and without windows, paperback books, mixed paper, paper towel and toilet tissue roils. FOOD AND BEVERAGE CONTAINERS: All aluminum and steel cans, empty aerosol cans, clean foil, aluminum pie plates and trays. Aluminum tabs and steel caps are acceptable. GLASS: All glass bottles and jars. WQW 4-CAL0AAT1l0N OF RATE AOJUSTMEON One Hundred percent (100%) of the rate adjustment shall be based on seventy five pertedt f,751 %) of the change in the Consumer Price Index (CPI) between the month of January in the prior year (0111) and the month of January in the current year (CP12). The CPl4hall bethe South Urban Region, All Items - All Urban Wage Earners and Clerical Workers, puNdmAbythe United States Department of labor, Department of Labor Statistics (Series 1D = CWUR0300SAO). If the designated index is discontinued or substantially altered, SWDD may select another relevant price index published by the United States Government ar by a.reputable publisher Cif, financial and economic indices. The total rate adjustment is rounded to the nearest hundredth of a percent and in any given year shall not exceed five percent (5%) of the previous rate. EXCEL.FORMULA FOR CALCULATING RATE ADJUSTMENT Rate Adjustment (96} = ROUND (((((CPI2-CPI1) / CPI1) * 0.75) * 100),2) Where: "CP11" = published CPI average for the month of January of the prior year "CP12" = published CPI average for the month oNanuary of the current year "FI1 = average published monthly fuel price from January through January of the year prior to F12 "FI2" = average published monthly fuel price from January through January of the most recent year SAMPLE CALCULATION OF RATE ADJUSTMENT Assumptions: Rate Adjustment: Current Rate = $8.00 CPI1= 225.838 CP12 = 230.195 FI1= 3.9185 FI2 = 3.8747 =ROUND ((((1230.195-225.838}/225.838) * 0..nt* 100), 2) =1.93% Rate Adjustment of 1.93% is less than SX, the mdxifnum allowed. New Rate = ROUND ($8.W * (1 +0.0193),2) = $8.15 Indian River County Solid Waste 6sposaf District Solid Waste and Recyclables Franchise Agree Merit EXHIBIT 5 —TECHNICAL SPECIFICATIONS FOR ROS. CARTS Following are minimum requirements for the Roll Carts as required within the scope of this Agreement. Franchisee must provide a prototype of each of the standard -sized Roll Carts (94 96 gallons for Solid Waste and Yard Waste Carts and 64-66 gallons for Recycling Cart) that meet the following technical specifications to the Contract Manager for approval prior to ordering the Roll Carts. SWOD reserves the right to waive the requirement for a prototype. Construction and a Must meet American National Standards Institute (ANSI) Standards Z245.30 and Design AZ245.60"Type B/G" containers, all rules, regulations, and laws pertaining to this product. a Roll Carts must be produced by a major manufacturer approved by the Contract Manager. a The upper lift point shall be permanently molded into the Roll Cart and the lower must be a 1" diameter galvanized free floating metal bar or composite equivalent, securely attached to prevent failure or loss. Molded bars are unacceptable. a The Roll Cart must be manufactured with a narrow width design to fit through a 30" door opening. Three different sized Roll Carts are required with the following capacities: Size (Capacity) o Large - 94-96 gallon o Medium = 64-66 gallon o Small = 32-35 gallon Materials a Must be rotationally or injection molded using medium to high density 100% recyclable polyethylene. a Minimum resin weight of unassembled Roll Cart, including cart body and lid, must be: 0 30 pounds or greater for large Roll Cart 0 22 pounds or greater for medium Roll Cart 0 15 pounds or greater for small Roll Cart a Resin used in the manufacturing process must contain a minimum of 25% post- consumer recycled material. a All plastic parts must be stabilized against ultraviolet light deterioration with a UV stabilizer additive. Body a The body of the Roll Cart must be one piece. a The Roll Cart wall and bottom thickness must be a minimum of 0.150 lf.K les. • The body of the Rall Cart must be designed with a drag rail on the container bottom and reinforced in the area that contacts the ground with a molded -in bottom wear strip. a The top of the body must be molded with a reinforced rim to add structural strength and stability to the containerand.to provide a flat surface for lid closure. This reinforced rim must have a raised inner perimeter. The rim of the Roll Cart must not be designed to have an inward radius to obstruct free flow emptying of the material out of thatontainer. Lid • Lids must be of a configuration that will not warp, bend, slump, or distort to such an extent that it no longer fits the body properly or becomes otherwise -unserviceable. a The lid must be one piece construction and securely attached to the'rear of the wheeled section of the Roll Cart using a rustproof, weather -resistant fastener system. - 54 . .. ......p.. .. a The 114 must be hinged to open to a position of 270 degrees from he clotsed ositlon and hang open without stressing the lid, body, or tipping over the Roll Cart. a Lids must be designed to be easily removed in the event of damage or failure. Lid latches ark-hot acceptable. Handle a Each Roll Cartmust have a horizontal handle(s) to provide comfortable gripping areas for pushing or pulling the Roll Cart. a The handle must be integrally molded into the body or lid, and only plastic surfaces shall be exposed to the hands of the user. Wheels/Axle a Roll Carts must be equipped with two (2) plastic molded or rubber wheels making the cart capable of being easily moved and maneuvered. a Wheels shall be snap-on or attached in a way that prevents unintended detachment. a Wheels must be a minimum of 10 inches in diameter for large and medium Roll Carts and a minimum of 8 inches in diameter for small Roll Carts. a Each Roll Cart must have a minimum 5/8-inch diameter axle with a corrosion-resistant coating that must be securely attached to the body by molded axle retainers. a The wheels and axle must be rated to meet the maximum load requirement-Of 3.5 pounds per gallon. Stability a Roll Carts must be able to remain stable and upright in winds up to 30 miles per hour when empty. Color a Color must not be streaked in the finished product and must be colorfast so that the color does not alter significantly with normal use. Painted Roll Carts are unacceptable. a The Garbage Roll Cart color is to be specified by the County. a The Recycling Roll Cart color is to be specified by the County. a The final color selection must be approved by the Contract Manager prior to manufacturing. Markings a All Roll Cart markings are subject to approval by the Contract Manager prior to order placement. a Sequential serial numbers must be molded,' branded, or hot-stamped into the front of the body with white color. An eight to ten (8-10) alpha/numeric-serial number shall be used as determined by the County. a A SWDD/County logo and recycling logo must be clearly molded, inscribed, or hot- stamped into both sides of the body with the following wording in 1 inch lettering: Property of Indian River County. a Lids must have the following markings: o Instructions for which side of the Roll Cart must face the street for collection. o Recycling Roll; Cart lids must have an in mold label with program instructions as provided bythe County. o ANSI and regulatory labeling required. Warranty a Roll Carts must be fully (100%) warranted against defects in materials and workmanshipfor a minimum period of ten (10);years from the date of delivery and must be transferrable to SWDD/County at expiration of the Agreement. - 54 Indian River Gouniy Sorui Waste OispOsatfttaki . Solid Waste and Recyclitilos Franchise Agfee(nent. • The warranty must be unconditional and non -prorated providing the County with assurance of full Roll Cart replacement. The warranty must survive the termination of any contractfor the manufacture and/or A&D of Roll Carts. • Warranty is understood t6 isdude the following coverage: Failure of the lid to prevent rainwater from entering the Roll Cart when the lid is closed on the body. o Damage to the body'lidtr @fIY component parts through opening or closing the lid. o Failure of the lid hinge to remain fully functional and continually hold lid in the originally designed and intended positions when either opened or closed. o Failure of the body and lid to maintain its original shape. o Wear through the Roll Cart bottom so that it leaks liquid. Failure of the wheels to provide continuous, easy mobility, as originally designed. o Failure of any part to conform to minimum standards as specified. 1OTi1 • Each Roll Cart must have a unique integrated RFID tag installed into the Roll Cart. • RFID tags must be passive ultra-high frequency (UV) with an optimal operating frequency of 860 960 MHz. Asset Management • RFID tags must have an optimal operating temperature of -407 to +1497. • The dry inlay must meet ISO/IEC 18000-6C and EPD Global Gen 2 standards. • RFID tag values must be Written and locked. • All RFID tags must be attached so that the tags have no exposure to outside elements, are not visible to the customer, and are tamper resistant. • RFID tags placed inside of the body of the Roll Cart are unacceptable. • Adhesive or sticker RFID tags are unacceptable. • Each RFID tag must be tested at the manufacturing facility to ensure that it is working properly. • A manufacturing database must be maintained that includes each Roll Cart's RFID tag identification, serial number, date of manufacture, location of manufacturer, Roil Cart type, color, and size. • If applicable due to a change in manufacturers, transition of data between manufacturers is required. • At the time and point of delivery, the RFID tag, date, time, and latitude/longitude of the Roll Cart's delivery must be captured and associated with the manufacturing database and the residential physical address to which the Roll Cart is assigned. • The combined databases consisting of the manufacturing information and A&D information shall be uploaded into the web -based service verification system no later than seven (7) Days following the Commencement Date and maintained through the term of the Agreement as provided for in Article 18.1.2. • At the termination of the Agreement, the asset management database shall be transmitted to the Contract Manager in, an acceptable format, Indian River County Solid Waste Disposat;Discrict Solid Waste and Recyyclables franchise Aire einent EXHIBIT 6 — TECHNICAL SPECIFICATIONS FOR RFID TAGS FOR COMMERCIAL APPLICATION Following are minimum requirements for the RFID tags required to be placed on all commercial collection containers used for Commercial Collection Service within the scope of this Agreement. • RFID tags must be passive Ultra High Frequency (UHF) with an optimal operating Technical Specs frequency of 860 - 960 MHz. • Read range 6 feet minimum • Protocol: EPC Class 1 Gen 2 Environmental Specs • RFID tags must have an optimal operating temperature of -40'P to +1491 • Waterproof • Chemical resistant appropriate for Solid Waste collection application • Mechanical resistant appropriate for Solid Waste collection application Mounting Specs a Encapsulated tag designed for mounting • Mounting surfaces: Metal, plastic, etc. Memory Regmrenif t • EPC 96 bits; User 512 bits; TID 64 bits. EPC and User memory reprogrammaMe,'jD is locked at point of manufacturer i ITEM LOCATION ADDRESS Final Count Service Multiplier SIZE OF CONTAINER(S) 1 SandridgeCol#Club 53001*0$ 9 1x Weekly 64-gallon 2 4andddoGol#Club 5300I'Wd i 1 lx Weekly 6 cu yd 3 Indian River County Admin Bldg. (Bldg A) 2 12 ix Weekly 1x Weekly Ix Weekly lx Weekly 64-9allon 64-gallon 2 cu yd 4 Indian River County Admin Bldg. (Bldg B) mm,27i" S'1 9 S North County Lbra y : 1001CRS12 1 7 IRC Courthouse MO jeAve 5 64•g6lloo 8 North IRC Annex, Sebastian Corners Plata 1921 US mighwsy 1 1 ix Weekly 8 cu yd 9 IRC Health Oept 1+900 27", st 10 1x Weekly 64-gallon 10 Elections Office 43264 Ave 7 1x Weekly 64-galloiii, 12 Facilities.Mgmt/Animal Control 4305A & 4305B 43rd Ave 6 lx Weekly 64-gallon 13 Emergency Operations Center EOC) ro 4225 43 Ave 1 lx Weef�, 4 cu yd 14 Road & Bridge 4550 41" St 4 ix Weekly 64-gallon 15 Fleet Management 5234 41" St, Suite A. 1 ix Weekly 2 W yd 16 Utility Operations Center 4350 415` St 1 1x Weekly 4 cu yd 17 Fire Station #1 1500 Old Dixie Hwa, 5 ix Weekly 64-gallon 18 fire Station #2 3301 Briidgie ffta Or 2 1x Weekly 64-gallon 19 Fire 5tatl6n 2'13 2900 43rd Ave 5 lx Weekly 64-gallon 20 Fire Station #4 1500 911, St SW 3 1x Weekly 64-gallon 21 Fire Station lis 6540DOId Dixie Hwy 3 1x Weekly 64-gallon 22 Fire Station #6 1111 SArX-A 2 U Weekly 64-gallon 23 Fire Station #7 189190th Ave 5 #it Weekly 64-gallon 24 Fire Station #8 1115 Barber St 3 U Weekly 64-gallon 25 Fire Station #9 1.640 U S #1 5 1x Weekly 64-gallon 26 Fire Station #10 62 North Broadway S Sk Weekly 64-gallon 27 Fire Station #11 2555 Sir St 2 !lt Weekly 64-01111%. 28 Fire Station #-12 3620 491h St 3 U,,Weekly 64*% i . 29 Fire Station #13 4330 4th St S U Weekly 64-gy f o 30 Fire Station #14 6780 26th 3t 3 11a'Weekly 641 31 Fire Station #15 9476CM2 3 Ii Weekly 64:gai 32 IRC Tax Collectors Office 1860 82"r J 0 Ytt Weekly 641allon 33 Jackie Robinson Training Complex 34 .. 11.. 0 of rkly 64-g411i1 h ITEM LOCATION ADDRESS 111111111111 Service AF Multiplier 3411126th Jackie Robinson Training St 0 1x Weekly, 8:;yd Complex 35 Hobart Soccer Complex 6310 717th St 1 lx Weekly 8 ityd 36 North County Aquatics 9450 CR512 8 U;006W J 64-gallon Center 37 Gifford Aquatics Center 4895 43rtf Agile 3 lx Weekly 64-gallon 38 Indian River County Fairgrounds 7955 5l1110Ave, - 1 1x Weekly 8 cu yd 40 Indian River County Parks MOM* 1 UWeekly B Ovd Division 41 Indian River County Parks 5500 77th St 3 1x Weekly 64 gallon Division Sx Weekly 64-gallon 64-gallon 64-gallon 42 IRC South County Park J Intergenerational Facility 159096.$1 sW 21 43 IRC North County Park 9450 t8t:SU 14 lx Weekly ix Weekly 44 IRC Lagoon Greenway *` 8th SfA liilr 2 45 IRC Wabasso Causeway 3I05Wab +D 12 lx Weekly 64-gallon 46 IRC Gifford Park ** 47154 AVe . 4 lx Weekly 64-gallon 47 Ampersands Beach 1256614%WAI-A 1 U Weekly 64-gallon 48 Treasure Shores Park * 11300,HtxyAlA 4 1x Weekly 44-gallon 49 1 U Weekly;Malty Service 50 Golden Sands Park *, ** 10350 Hwy AIA 6 1x Weekly 64-gallon 51 1 lx Weekly Specialty Service 52 Wabasso Beach Park *, **� Waba 5 1x Weekly 64-gallon, 53 Seagrape Trail Beach Access 1 Ax Weekly Swooft Service 54 8802 Hwy AlA 8102 flwy A1A 1 1 Ix Wee 1x Weekly Urgallon 64-gallon 55 Turtle Trail Beach Access 56 Tracking Station Park *, *, 800 4&h Pf 3 1x Weekly i&4-gallon 57 1 11c Weekly llialty Service 58 Round Island Park *, ** 22D03MMi+yA1%1 7 UWeekly ,64-gallon 59. (Seachside) 1K Weekly SpWA„ Service 60 Round Island Park.: *, ** 2200 S Hwy AM :: Sac Weekly lllon 61 (Lagoon side) 4: Sx Weekly 11100do*l?Service 62 Main Library 1600 !!!SR: Ir Axweekly 61a Y6 64 45th St Dock %*Weekly .. 64*0ptr 65 Captain Forester 5lOJtrrr a wkly w 66 3 Dale Wimbrow Park * 11!05 Roseland Roseland 67 1 f> y edft, Indian River County Solid Waste Aisposal District Solid Waste and Recyclables Franchise Agreement ITEM LOCATION ADDRESS Final twice $0 OF 12315 Roseland Rd Count Multiplier - CONTAINER(S) 68 Donald MacDonald Park * 4 XX Weekly 64 -gallon 69 1 lit Weekly Specialty Service 70 Grouener Estates Park 3M20thST SW 2 tic Weekly 64 -gallon 64 -gallon, 71 -Hosie Schumann Park IV%39!lhSt. 3 ix Weekly 72 Hobart Ball Fields *, ** 5790 77th st, Ve 5 - Ix Weekly --------- 64 -gallon 73 1- ix Weekly Speclafty`5irrw 74 Kiwanis Hobart Park SSSS 77th st, VB 10 itxWeekly 64 -galla 75 2880 45th St. 1 5 1xWeekly 1x Weekly Specialty`blt 64-gailon 76 MLK Park � 77 14510 US Highway 1 1 2 1x Weekly 1x Weekly Specialty Service 64 -gallon 78 Moore's Point * 79 1 1x Weekly Specialty Service 80 Oslo dock - 9th Street SE 9th St SE 1 lx Weekly 64 -gallon 81 Pelican Island Wildlife Refuge 4055 Wildlife Way, 2 3 1x Weekly U Weekly 64 -gallon 64 -gallon 82 Roseland Bali Field (Helen Hanson) ' ': 8020 129thCt 83 l . U Weekly Specialty Service 94 Roseland Community Park and Community Center 12973 83rd Ave, Roseland 3 Ig Weekly 64 -gallon 85 I 2 uweekiy Lr'INeekly Specialty Service 64 -gallon 86 Sebastian Canoe Launch 9800 Canoe Launch Cove, Seb. 87 Vero Highlands Park 330 21st Rd SW 2 UWeekly 64 -gallon 88 West Wabasso Park *, ** 890064th Ave 5 1x Weekly 64 -gallon 09 1 U Weekly Specialty Service 90 Traffic Division 4548 41st St 2 lit Weekly 64 -gallon 9.1 iXIlsy tope 844S 64' Ave 2 !x Weekly 64 -gallon 92 IRC Girls& Little League 399518th Street 2 U: Weekly 64 -gallon 93 Treasure Coast Homeless 2525 St Lucie Av .1.: UW4111111111V 64 -gallon Town of Indian (liver 60M F' AXA' 94 Shores -Town Hall Indlow.9ior N. es 6 is 64 -gallon fL63: . Town of Indian River 6001 Florida AlA, 95 Shores- Emergency Indian River Shores It lit' 4 64-gaf(on Services F1.32963 _ Town of Indian River 990 Beachcomber 96 Shores-- Beachcomber Lane, Inidio liter 1 UW111d t : 64 -gallon Beach Access I Shores FL3303 60 aR )"k`R, '�. A.�, *Specialty Service • Empty Containers at Multiple Locations ** Current Locked Cart Locations SIZE OF # OF CONTAINERS/ Specialty Service CONTAINS 283 64-gallon 2 2 cu yd 2 4 cu yd 1 6 cu yd 5 8 cu yd 15 Specialty Service 308 Total Indian River County Solid Waste 0isposalDistrict slid Waste and Recyci4bles Franchise Aatee►>ielr+t EXHIBIT 9 — RFP #2024020 SOLICITATION PACKET / FRANCHISEE PROPOSAL Note: The final POF of this executed agreement will include, by reference, all components ,ofFranchisee's Proposal to include Clarification Question responses during evaluations and Best and Final Offer forms.