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HomeMy WebLinkAbout10/08/2024.j BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, OCTOBER 8, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov COUNTY COMMISSIONERS Susan Adams, District 1, Chairman John A. Titkanich, Jr., County Administrator Joseph Flescher, District 2, Vice Chairman Jennifer W. Shuler, County Attorney Joseph H. Earman, District 3 Ryan L. Butler, Clerk of the Circuit Court and Comptroller Deryl Loar, District 4 Laura Moss, District 5 1. CALL TO ORDER 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Chris Drinnon, Grace Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams, Chairman 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Declaring the Month of October As National Domestic Violence Awareness Month Attachments: Proclamation 5.B. Presentation of Proclamation Designating October 2024 As Manufacturing Month In Indian River County, Florida Attachments: Proclamation 5.C. Presentation of Proclamation Recognizing the Month of October 2024 As Cybersecurity Awareness Month In Indian River County, Florida Attachments: Proclamation October 8, 2024 Page 1 of 6 6. APPROVAL OF MINUTES 6.A. Budget Workshop of July 10, 2024 6.B. Special Call Meeting of August 08, 2024 6.C. Utility Rate Study Workshop of August 22, 2024 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 8. CONSENT AGENDA 8.A. Checks and Electronic Payments September 7, 2024 to September 13, 2024 Attachments: Comptroller Division Staff Report 8.B. Checks and Electronic Payments September 14, 2024 to September 20, 2024 Attachments: Comptroller Division Staff Report 8.C. County Capital Asset Inventories Attachments: Comptroller Division Staff Report 8.D. Department of Health Request for Interdepartmental Budget Transfer Attachments: Memorandum from Dept of Health 8.E. Acceptance and Approval of Expenditures of Emergency Management Program Grant (EMPG) Federally -Funded Subgrant Agreement. Agreement Number: G0558 Attachments: Staff Report EMPG - #G0558 IRC Grant Form 8.F. Microsoft Enterprise Agreement Renewal Attachments: Staff Report Microsoft Agreement and SUDDIementS Insight Public Sector Quote CDW Quote SHI Quote 8.G. New Cingular Cell Radio Lease for King's Highway Attachments: Staff Report Lease Agreement Kings Him Original Lease Second Amendment Third Amendment October 8, 2024 Page 2 of 6 8.11. MetroPCS Cell Radio Lease King's Highway First Amendment Attachments: Staff Report MetroPCS Lease Agreement First Amendment Original Lease 8.I. T -Mobile Cell Radio Lease Gifford Third Amendment Attachments: Staff Report T -Mobile Lease Agreement Third Amendment Original Lease Agreement 8.J. Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2024-2025 (October 1, 2024, through September 30, 2025) Attachments: Memorandum 8.K. Grant Agreement for the Florida Department of State, Division of Historical Resources Small Matching Grant for the Gifford Parks "Tour Through Time." Attachments: Staff Report Grant Award Agreement Grant Form 8.L. Request for Release of an Easement at 8815 Lakeside Circle Attachments: Staff Report Location Map Draft Resolution 8.M. 11th Drive and 37th Street Roadway & Intersection Improvements, (IRC -2001) - Final Payment, Release of Retainage and Change Order No. 2 Attachments: Staff Report Change Order No. 2 8.N. Kimley-Horn and Associates, Inc. Work Order 8 Amendment 1 for Floridian Aquifer Well S-1 Replacement, IRCDUS Project ID 11.22.503 Attachments: Staff Report Work Order 8 Amendment 1 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10. PUBLIC ITEMS A. PUBLIC HEARINGS October 8, 2024 Page 3 of 6 10.A.1. Ordinance of Indian River County, Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for Approximately ±7.97 Acres from CG, General Commercial District to MED, Medical District (99070136-96957) [Quasi -Judicial] Attachments: Staff Report Zoning Map Future Land Use Map Rezoning Application Draft Ordinance B. PUBLIC DISCUSSION ITEMS 10.11.1. Request to Speak by R. Wooten re: Metal detectors and planned lawful concealed carry harassment at the Firefighters County Fair Attachments: Request to Speak R.Wooten 10.11.2. Request to Speak from B. Rigby regarding Federal and State Funding Attachments: Request -to -Speak B. Rigby C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources F. Office of Management and Budget G. Parks, Recreation, and Conservation H. Planning and Development Services I. Public Works J. Utilities Services 13. COUNTY ATTORNEY MATTERS October 8, 2024 Page 4 of 6 D.A. Resolution for Special Assessment Providing for The Replacement of Culverts for Waters Edge Phase H Subdivision Attachments: Staff Report Draft Resolution Special Assessment Plat 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman 14.A.1. Proposed Proclamation Policy Proposal Attachments: Commissioner's Memo Proclamation Policy (Current) Proclamation Policy Proposal B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 16. ADJOURNMENT October 8, 2024 Page 5 of 6 Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.gov The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6. 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. October 8, 2024 Page 6 of 6 Proclamation DECLARING THE MONTH OF OCTOBER 2024 AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH Whereas, domestic violence is a pervasive issue that transcends all ethnic, racial, and socioeconomic boundaries. It is a pattern of behavior involving physical, emotional, sexual, or economic abuse perpetrated by an intimate partner; and -Whereas, domestic violence is a crime with far-reaching consequences, affecting victims of all genders, sexual orientations, and socioeconomic backgrounds; and -Whereas, the home, a place intended to be a sanctuary, is often the site of domestic violence, making it a hidden crime with devastating impacts on individuals, families, and communities; and -Whereas, October is designated as National Domestic Violence Awareness Month to raise awareness about this critical issue, encourage prevention efforts, and support survivors; and 'Whereas, it is essential to acknowledge the courage of survivors who break the cycle of abuse and seek help and to commend the dedicated professionals who provide support and services to victims. Indian River County is committed to creating a safe and supportive environment for all residents and working collaboratively with community partners to prevent domestic violence and provide support to survivors. Naw, 9 -herefore, be it Proclaimedby the Boardof County Commissioners ofIndian River County, FCorida, we recognize October as Domestic Violence Awareness Month and express our sincere appreciation for those committed to promoting peace and preventing domestic violence in our community. Adopted this 8th day of October, 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 DESIGNATING OCTOBER 2024, AS MANUFACTURING MONTH IN INDIAN RIVER COUNTY, FLORIDA ^W ereas, the National Manufacturing Institute has designated October 4, 2024 as National Manufacturing Day, a kick-off to Manufacturing Month, recognizing the manufacturing industry as vital to the economic health of our County, the State of Florida, and our entire country; and 'Whereas, manufacturing is one of the cornerstones of our local economy, helping to sustain our quality of life while fostering a solid and diversified tax base in Indian River County; and -Whereas, Manufacturing Month is an tremendous opportunity to shift perceptions in a positive direction regarding this industry, while diversifying and bolstering our local economy; and -Whereas, manufacturing provides 2,700 high -wage and high -skill jobs in Indian River County, with 146 manufacturing firms paying an average annual wage of $60,070, higher than our current average wage of $54,317; this equates to over $162 million in paychecks circulating throughout our local economy each year by the manufacturing industry alone; and -Whereas, we join the Indian River County Chamber of Commerce, the Treasure Coast Manufacturers Association, our School District, our business community, and many volunteers in supporting our Manufacturing Bootcamp program, which introduces high school students and young adults to potential careers in manufacturing thus strengthening our workforce pipeline; and -Whereas, all residents are encouraged to take time to acknowledge Indian River County manufacturers, and their employees, for the positive economic impact they have in our county, the State of Florida, and our nation. Now, Therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida thatthe month of October 2024, be designated as MANUFACTURING MONTH IN INDIAN RIVER COUNTY. Adopted this 8th day of October 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice -Chairman Joseph H. Earman Deryl Loar Laura Moss PROCIAMAIrolow RECOGNIZING THE MONTH OF OCTOBER 2024 AS CYBERSECURITY AWARENESS MONTH IN INDIAN RIVER COUNTY, FLORIDA -Whereas, Cybersecurity Awareness Month was established in 2004 through a collaborative effort between the U.S. Department of Homeland Security and the National Cyber Security Alliance to ensure that every American has the resources they need to stay safer and more secure online; and ^W`iereas, the rapid advancement of technology has greatly benefited our County, providing countless opportunities for communication, business, and innovation; and with the increasing use of digital tools and systems comes the ever-growing risk of cyber threats, including data breaches, identity theft, and cyber -attacks, which can have serious and far-reaching consequences for individuals, organizations, and communities; and -Whereas, Cybersecurity awareness is essential to safeguarding sensitive information, protecting privacy, and ensuring the security of the County's digital infrastructure; and a concerted effort is needed to educate and empower all citizens, business, and government entities to take proactive steps toward preventing cyber threats by implementing sound security practices and adopting modern cybersecurity measures; and -Whereas, the U.S. Department of Homeland Security and the National Cyber Security Alliance have designated October as National Cybersecurity Awareness Month to raise awareness about the importance of cybersecurity for all individuals; and -Whereas, by increasing awareness of cybersecurity practices, such as using secure authentication methods, recognizing phishing scams, and securing networks, we can collectively reduce the risk of cyber threats and promote a safe, more secure digital environment. Now, 7 erefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida. that the month of October 2024, be designated as "Cybersecurity Awareness Month" in Indian River County and the Board encourages all citizens to take action in improving Cybersecurity preparedness and resilience. Adopted this 8th day of October 2024. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27t" 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: September 13, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 7, 2024 to September 13, 2024 In compliance with Chapter 136.06, Florida Statutes, all money drawn from depositories used by the Board of County Commissioners shall be recorded in the minutes. Approval is requested for the attached list of checks and electronic payments for the time period of September 7, 2024 to September 13, 2024. 4 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 12171 09/09/2024 WIRE OPTUMHEALTH FINANCIAL SERVICES 100,817.48 12172 09/09/2024 WIRE CER SIGNATURE CLEANING LLC 12,524.20 12173 09/09/2024 WIRE PUBLIC DEFENDER 7,870.12 12174 09/09/2024 WIRE BENEFLEX INC 897.50 12175 09/09/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 205.45 12176 09/09/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 143.42 12177 09/09/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 102.00 12178 09/10/2024 WIRE ATLAS ORGANICS INDIAN RIVER LLC 170,083.06 12179 09/10/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 3.08 12180 09/11/2024 WIRE KIMLEY HORN & ASSOC INC 40,254.80 12181 09/11/2024 WIRE VEROTOWN LLC 10,000.00 12182 09/11/2024 WIRE VEROTOWN LLC 15,362.68 12183 09/11/2024 WIRE BLUECROSS AND BLUESHIELD OF SOUTH CAROLINA 80,112.36 12184 09/11/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 517.33 12185 09/11/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 615.39 12186 09/12/2024 WIRE FLORIDA DEPARTMENT OF REVENUE 810.78 12187 09/12/2024 WIRE FLORIDA DEPARTMENT OF REVENUE 2,699.05 12188 09/12/2024 WIRE FLORIDA DEPARTMENT OF REVENUE 16,098.01 12189 09/12/2024 WIRE FLORIDA DEPARTMENT OF REVENUE 2,834.47 12190 09/12/2024 WIRE BLUE CROSS & BLUE SHIELD 180,820.91 12191 09/12/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 163.12 12192 09/13/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 352.16 12193 09/13/2024 WIRE IRC FIRE FIGHTERS ASSOC 11,959.58 12194 09/13/2024 WIRE VEROTOWN LLC 10,000.00 12195 09/13/2024 WIRE APTIM 57,433.34 12196 09/13/2024 WIRE INDIAN RIVER SHORES POLICE DEPT 7,619.04 12197 09/13/2024 WIRE IRS -PAYROLL TAXES 13,837.60 12198 09/13/2024 WIRE INDIAN RIVER COUNTY SHERIFF 1,775,810.91 454188 09/12/2024 PRINTED PORT CONSOLIDATED 1,074.21 454189 09/12/2024 PRINTED STURGIS LUMBER & PYLWOOD CO 160.62 454190 09/12/2024 PRINTED COMMUNICATIONS INTERNATIONAL INC 100.80 454191 09/12/2024 PRINTED COMMUNICATIONS INTERNATIONAL 440.80 454192 09/12/2024 PRINTED SOUTHERN SEWER EQUIPMENT SALES 2,603.19 454193 09/12/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 1,546.35 454194 09/12/2024 PRINTED SAFETY PRODUCTS INC 703.41 454195 09/12/2024 PRINTED ABC PRINTING COMPANY 312.00 454196 09/12/2024 PRINTED INDIAN RIVER BATTERY 112.40 454197 09/12/2024 PRINTED GRAINGER INC 8,076.53 454198 09/12/2024 PRINTED GRAYBAR ELECTRIC 303.11 454199 09/12/2024 PRINTED TEMPLE INC 8,964.00 454200 09/12/2024 PRINTED HACH CO 1,192.90 454201 09/12/2024 PRINTED DEEP SIX DIVE & WATER SPORTS 2,541.41 454202 09/12/2024 PRINTED BOUND TREE MEDICAL LLC 6,255.40 454203 09/12/2024 PRINTED ELPEX 737.34 454204 09/12/2024 PRINTED CALL ONE INC 3,294.00 454205 09/12/2024 PRINTED ABCO GARAGE DOOR CO 195.00 454206 09/12/2024 PRINTED CHILDCARE RESOURCES OF IRC 17,902.16 454207 09/12/2024 PRINTED DELL MARKETING LP 6,109.99 454208 09/12/2024 PRINTED MIDWEST TAPE LLC 7,891.16 454209 09/12/2024 PRINTED WILLIE C REAGAN 1,700.00 454210 09/12/2024 PRINTED INDIAN RIVER CTY CLERK OF THE COURT 1,396.20 454211 09/12/2024 PRINTED CITY OF VERO BEACH 551.82 454212 09/12/2024 PRINTED LANDIA INC 3,677.37 454213 09/12/2024 PRINTED UNITED WAY OF INDIAN RIVER COUNTY 709.50 454214 09/12/2024 PRINTED INDIAN RIVER ALL FAB INC 862.50 454215 09/12/2024 PRINTED HOME DEPOT CREDIT SERVICES 1,132.81 454216 09/12/2024 PRINTED ACUSHNET COMPANY 3,814.64 454217 09/12/2024 PRINTED THOMSON REUTERS - WEST 332.96 454218 09/12/2024 PRINTED CENTRAL AIR CONDITIONING & REFRIGERATION SUPPLY 203.31 454219 09/12/2024 PRINTED LIBERTY FLAGS INC 970.70 454220 09/12/2024 PRINTED FLORIDA POWER AND LIGHT 66,626.29 454221 09/12/2024 PRINTED AMERICAN PLANNING ASSOCIATION 1,271.00 454222 09/12/2024 PRINTED CITY OF FELLSMERE 372.95 454223 09/12/2024 PRINTED PEACE RIVER ELECTRIC COOPERATIVE INC 215.04 454224 09/12/2024 PRINTED LANGUAGE LINE SOLUTIONS 393.88 454225 09/12/2024 PRINTED COMPLETE ELECTRIC INC 375.00 k CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454226 09/12/2024 PRINTED L WALTON ELECTRIC INC 1,952.50 454227 09/12/2024 PRINTED INTERNATIONAL ASSOCIATION OF 120.00 454228 09/12/2024 PRINTED JOHN BROWN & SONS INC 4,875.00 454229 09/12/2024 PRINTED CUES 1,780.91 454230 09/12/2024 PRINTED SYMBIONT SERVICE CORP 2,021.35 454231 09/12/2024 PRINTED KIMBALL MIDWEST 52.94 454232 09/12/2024 PRINTED RECHTIEN INTERNATIONAL TRUCKS 423.50 454233 09/12/2024 PRINTED TRANE U SINC 59.44 454234 09/12/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 120.00 454235 09/12/2024 PRINTED CELICO PARTNERSHIP 2,555.77 454236 09/12/2024 PRINTED CINTAS CORPORATION #283 221.40 454237 09/12/2024 PRINTED ARTHUR PRUETT 79.00 454238 09/12/2024 PRINTED POLYDYNEINC 7,866.00 454239 09/12/2024 PRINTED BIG BROTHERS AND BIG SISTERS 9,732.81 454240 09/12/2024 PRINTED FASTENAL COMPANY 183.85 454241 09/12/2024 PRINTED SHERWIN WILLIAMS CO 202.80 454242 09/12/2024 PRINTED GERELCOM INC 5,410.00 454243 09/12/2024 PRINTED RICHARD SCHLITT 954.00 454244 09/12/2024 PRINTED CONSOLIDATED ELECTRIAL DIST INC 133.57 454245 09/12/2024 PRINTED PETER J CASSARA 4,850.00 454246 09/12/2024 PRINTED SOUTHEAST SECURE SHREDDING 102.00 454247 09/12/2024 PRINTED TRADEWINDS POWER CORP 1,721.50 454248 09/12/2024 PRINTED NICOLACE MARKETING INC 18,138.05 454249 09/12/2024 PRINTED AMERICAN HEART ASSOCIATION INC 220.29 454250 09/12/2024 PRINTED STAT MEDICAL DISPOSAL INC 770.00 454251 09/12/2024 PRINTED EARTHBALANCE CORPORATION 8,950.00 454252 09/12/2024 PRINTED FLORIDA COAST EQUIPMENT INC 351.00 454253 09/12/2024 PRINTED OVERDRIVE INC 2,166.84 454254 09/12/2024 PRINTED MISS INC OF THE TREASURE COAST 504.00 454255 09/12/2024 PRINTED ALAN JAY FORD LINCOLN MERCURY INC 45,634.00 454256 09/12/2024 PRINTED MUNICIPAL EMERGENCY SERVICES INC 12,244.03 454257 09/12/2024 PRINTED LEARNING ALLIANCE iSS,686.35 454258 09/12/2024 PRINTED STS MAINTAIN SERVICES INC 18,056.07 454259 09/12/2024 PRINTED SYLVIA MILLER 1,491.00 454260 09/12/2024 PRINTED HAWKINS INC 862.50 454261 09/12/2024 PRINTED ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,566.00 454262 09/12/2024 PRINTED SERVICE LIGHTING & ELECTRICAL SUPPLIES INC 1,424.64 454263 09/12/2024 PRINTED SITEONE LANDSCAPE SUPPLY LLC 153.49 454264 09/12/2024 PRINTED ADVANCE AUTO PARTS 16.66 454265 09/12/2024 PRINTED WURTH USA INC 101.47 454266 09/12/2024 PRINTED MATHESON TRI -GAS INC 10,149.24 454267 09/12/2024 PRINTED UB EQUIPMENT SALES INC 2,908.00 454268 09/12/2024 PRINTED COLE AUTO SUPPLY INC 1,938.67 454269 09/12/2024 PRINTED RELXINC 443.46 454270 09/12/2024 PRINTED ENVIRONMENTAL OPERATING SOLUTION INC 13,334.20 454271 09/12/2024 PRINTED WOERNER AGRIBUSINESS LLC 280.00 454272 09/12/2024 PRINTED BOTTOMS UP BEVERAGE OF FLORIDA LLC 950.00 454273 09/12/2024 PRINTED ARI PHOENIX INC 48,252.60 454274 09/12/2024 PRINTED DIRECTV GROUP INC 108.97 454275 09/12/2024 PRINTED TAYLOR ANNE HATTON 90.00 454276 09/12/2024 PRINTED IM SOLUTIONS INC 61,214.34 454277 09/12/2024 PRINTED AMAZON CAPITAL SERVICES INC 6,552.96 454278 09/12/2024 PRINTED TREASURE COAST PLUMBING LLC 250.00 454279 09/12/2024 PRINTED PACE ANYALYTICAL LLC 5,372.70 454280 09/12/2024 PRINTED AMERIGAS PROPANE LP 1,766.99 454281 09/12/2024 PRINTED JORDAN MOWERS 637.95 454282 09/12/2024 PRINTED SAFEWARE INC 675.99 454283 09/12/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 108.57 454284 09/12/2024 PRINTED BLUE GOOSE CONSTRUCTION LLC 12,641.11 454285 09/12/2024 PRINTED LOWES COMPANIES INC 2,573.58 454286 09/12/2024 PRINTED TOSHIBA AMERICA BUISNESS SOLUTIONS INC 795.06 454287 09/12/2024 PRINTED KELEINC 1,535.67 454288 09/12/2024 PRINTED SREIT LEXINGTON CLUB LLC 118.00 454289 09/12/2024 PRINTED FUN EXPRESS LLC 265.15 454290 09/12/2024 PRINTED LAWRENCE F WALLIN 25.00 454291 09/12/2024 PRINTED VERO COLLISION II LLC 1,773.03 6 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454292 09/12/2024 PRINTED HIREQUEST LLC 5,661.50 454293 09/12/2024 PRINTED TAKING GROUND LAWN & LANDSCAPE INC 5,175.00 454294 09/12/2024 PRINTED CER SIGNATURE CLEANING LLC 7,000.00 454295 09/12/2024 PRINTED SHRIEVE CHEMICAL CO LLC 12,204.97 454296 09/12/2024 PRINTED BAKER & TAYLOR 2,652.60 454297 09/12/2024 PRINTED TK ELEVATOR CORPORATION 594.00 454298 09/12/2024 PRINTED CONSOLIDATED WATER GROUP LLC 51.58 454299 09/12/2024 PRINTED OUTLAW MARITIME LLC 33,600.00 454300 09/12/2024 PRINTED KERNER LLC 4,006.00 454301 09/12/2024 PRINTED GULF MATERIALS SALES LLC 11,462.00 454302 09/12/2024 PRINTED M JARED SMITH 476.00 454303 09/12/2024 PRINTED XEROX CORPORATION 177.82 454304 09/12/2024 PRINTED VARIVERGE LLC 67,542.69 454305 09/12/2024 PRINTED HI LIFE PROPERTY MANAGEMENT LLC 1,668.00 454306 09/12/2024 PRINTED VETERINARY MEDICAL CENTER OFIRC INC 912.85 454307 09/12/2024 PRINTED BATES AIR & HEAT LLC 175.50 454308 09/12/2024 PRINTED LF STAFFING SERVICES INC 988.68 454309 09/12/2024 PRINTED KMAC CONSULTING SERVICES LLC 3,600.00 454310 09/12/2024 PRINTED C&S CHEMICALS INC 4,409.42 454311 09/12/2024 PRINTED INDIAN RIVER CAMERA & ACCESS LLC 2,135.00 454312 09/12/2024 PRINTED VECELLIO GROUP INC 98.10 454313 09/12/2024 PRINTED PALMDALE INTERMEDIATE LLC 99.27 454314 09/12/2024 PRINTED PALMDALE INTERMEDIATE LLC 50.00 454315 09/12/2024 PRINTED PANORAMIC SOFTWARE INC 649.95 454316 09/12/2024 PRINTED GANNETT MEDIA CORP 2,152.75 454317 09/12/2024 PRINTED HELPING HANDS PROGRAM OF SOUTH COUNTY INC 20,000.00 454318 09/12/2024 PRINTED INSPIRE PLACEMAKING COLLECTIVE INC 6,421.50 454319 09/12/2024 PRINTED ALFRED BENESCH & COMPANY 19,751.41 454320 09/12/2024 PRINTED BRADY COMPANIES LLC 3,823.98 454321 09/12/2024 PRINTED DIONNE MORRIS 2,718.00 454322 09/12/2024 PRINTED TEN-8 FIRE & SAFETY LLC 386.34 454323 09/12/2024 PRINTED SEABROOKS TOO LLC 471.00 454324 09/12/2024 PRINTED RANDEE GANSER BOK 220.00 454325 09/12/2024 PRINTED KELLY MCKINLEY 119.00 454326 09/12/2024 PRINTED PATRICK TRAMEL 38.00 454327 09/12/2024 PRINTED MICHAEL SMILOVICH 34.00 454328 09/12/2024 PRINTED CARSON ROSE 108.00 454329 09/12/2024 PRINTED AT&T MOBILITY 157.40 454330 09/12/2024 PRINTED AT&T 113.96 454331 09/12/2024 PRINTED AT&T 1,317.76 454332 09/12/2024 PRINTED FEDERAL EXPRESS 8.38 454333 09/12/2024 PRINTED CENTRAL AIR CONDITIONING & REFRIGERATION SUPPLY 324.95 454334 09/12/2024 PRINTED FLORIDA POWER AND LIGHT ASSIST 5,407.44 454335 09/12/2024 PRINTED STATE ATTORNEY 19TH JUDICIAL CIRCUIT 14,076.77 454336 09/12/2024 PRINTED CELICO PARTNERSHIP 1,523.32 454337 09/12/2024 PRINTED J C RENTALS & INVESTMENTS INC 300.00 454338 09/12/2024 PRINTED SUNRISE PALMS LLC 630.00 454339 09/12/2024 PRINTED LOWES COMPANIES INC 20.86 454340 09/12/2024 PRINTED STRATEGIC GOVERNMENT RESOURCES INC 7,395.00 454341 09/12/2024 PRINTED WINSUPPLY COMMERCIAL CHARGE 34.74 454342 09/12/2024 PRINTED FRIENDSHIP BAPTIST CHURCH 150.00 454343 09/12/2024 PRINTED THE AGRICULTURAL AND LABOR PROGRAM 126.98 454344 09/12/2024 PRINTED ALEXANDRA DILLON 53.33 454345 09/12/2024 PRINTED AMERON HOMES 39.15 454346 09/12/2024 PRINTED ASPHALT PAVING SYSTEMS INC 201.30 454347 09/12/2024 PRINTED BETTY HELGESON 45.91 454348 09/12/2024 PRINTED BRANDON WISE 50.00 454349 09/12/2024 PRINTED BRUCE JGOLD 81.03 454350 09/12/2024 PRINTED D R HORTON INC 400.54 454351 09/12/2024 PRINTED DALE HARPER 49.64 454352 09/12/2024 PRINTED DANIEL BRACKETT 44.11 454353 09/12/2024 PRINTED DI VOSTA HOMES L P 245.24 454354 09/12/2024 PRINTED EDWARD NAGY 156.74 454355 09/12/2024 PRINTED ELIZABETH A STOCK 29.40 454356 09/12/2024 PRINTED ERIC D HAINEY 121.35 454357 09/12/2024 PRINTED EVELING CASTRO 44.01 7 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454358 09/12/2024 PRINTED GAIL PEHLING 50.47 454359 09/12/2024 PRINTED GRBK GHO LUCAYA POINTE LLC 255.64 454360 09/12/2024 PRINTED HALLEY ENGINEERING CONTRACTORS INC 250.10 454361 09/12/2024 PRINTED HOLIDAY BUILDERS 21.00 454362 09/12/2024 PRINTED JOHN PHILLIPS 40.24 454363 09/12/2024 PRINTED KALISHAJACKSON 3.71 454364 09/12/2024 PRINTED KELLYATHOMAS 54.04 454365 09/12/2024 PRINTED KENNETH P SCHALLHORN 25.34 454366 09/12/2024 PRINTED KRISTINE NAVARRO 40.85 454367 09/12/2024 PRINTED LARRY SCHUTT CONSTRUCTION INC 42.44 454368 09/12/2024 PRINTED LESLIE LUETSCHER 77.27 454369 09/12/2024 PRINTED LINDA M BROWN 39.19 454370 09/12/2024 PRINTED LORI FRIEDMAN 51.68 454371 09/12/2024 PRINTED MARILYN A GILLING 62.76 454372 09/12/2024 PRINTED MARONDA HOMES 888.85 454373 09/12/2024 PRINTED MAUREEN MAHONEY 95.94 454374 09/12/2024 PRINTED MELANIE GRAHAM 93.15 454375 09/12/2024 PRINTED RACHAELEDWARDS 98.05 454376 09/12/2024 PRINTED RACHEL POLDINO 63.23 454377 09/12/2024 PRINTED RAMON PORTELA LOPEZ 67.13 454378 09/12/2024 PRINTED RENEE FIORE 56.92 454379 09/12/2024 PRINTED ROBERT D REED 127.65 454380 09/12/2024 PRINTED RYAN SPATH 65.54 454381 09/12/2024 PRINTED STACEY MICHAEL 51.99 454382 09/12/2024 PRINTED ZACHARYAILLS 48.53 454383 09/12/2024 PRINTED REPUBLIC SERVICES INC 592,271.57 454384 09/12/2024 PRINTED EDLUND DRITENBAS BINKLEYARCHITECTS 750.00 454385 09/12/2024 PRINTED GEOSYNTEC CONSULTANTS INC 144,652.24 454386 09/12/2024 PRINTED WASTE MANAGEMENT 233,827.74 454387 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STATE DISBURSEMENT UNIT 305.19 454403 09/13/2024 PRINTED COMMONWEALTH OF MASSACHUSETTS 562.00 454404 09/13/2024 PRINTED P&A ADMINISTRATIVE SERVICES INC 573.00 903646 09/12/2024 PRINTED BREVARD COUNTY HOUSING AUTHORITY 1,643.28 903647 09/12/2024 PRINTED PRESERVE AT OSLO 473.00 903648 09/12/2024 PRINTED THE PALMS AT VERO BEACH 1,009.00 1021917 09/11/2024 ACI AT&T 5.29 1021918 09/11/2024 ACI AT&T 1,110.33 1021919 09/11/2024 ACI OFFICE DEPOT 514.15 1021920 09/11/2024 ACI WASTE MANAGEMENT INC OF FLORIDA 4,204.23 1021921 09/12/2024 ACI ADRON FENCE COMPANY INC 4,350.00 1021922 09/12/2024 ACI INDIAN RIVER OXYGEN INC 5,135.00 1021923 09/12/2024 ACI MIKES GARAGE & WRECKER SERVICE INC 110.00 1021924 09/12/2024 ACI GALLS LLC 998.65 1021925 09/12/2024 ACI IRRIGATION CONSULTANTS UNLIMITED INC 262.56 1021926 09/12/2024 ACI HILL MANUFACTURING 227.00 1021927 09/12/2024 ACI WIGINTON FIRE SYSTEMS 494.00 1021928 09/12/2024 ACI COMMERCIAL ENERGY SPECIALISTS 816.77 1021929 09/12/2024 ACI PRIDE ENTERPRISES INC 2,410.03 1021930 09/12/2024 ACI MINUTEMAN PRESS 380.27 1021931 09/12/2024 ACI HYDRA SERVICE (S) INC 10,878.00 1021932 09/12/2024 ACI RADWELL INTERNATIONAL INC 188.29 8 CHECK NUMBER CHECK DATE CHECKTYPE VENDOR NAME AMOUNT 1021933 09/12/2024 ACI UNIFIRST CORPORATION 549.91 1021934 09/12/2024 ACI RELIABLE SEPTIC & SERVICES 100.00 1021935 09/12/2024 ACI GUARDIAN HAWK SECURITY 75.00 1021936 09/12/2024 ACI NEXAIR LLC 65.66 1021937 09/12/2024 ACI EVERGLADES EQUIPMENT GROUP 716.71 1021938 09/12/2024 ACI HD SUPPLY INC 802.24 768235 09/12/2024 PRINTED HORNE, BRIAN K. 512.58 768236 09/12/2024 PRINTED PAYNE, GEORGE H. 628.21 768237 09/13/2024 PRINTED FORREST, FARCIOT F. 1,151.81 768238 09/13/2024 PRINTED MATTHES, LAURA M. 2,621.43 768239 09/13/2024 PRINTED DEBRAAL, WILLIAM K. 15,752.54 768240 09/13/2024 PRINTED DELAPAZ, MATTHEW R., 126.88 768241 09/13/2024 PRINTED FLECK, KELANI E. 687.10 768242 09/13/2024 PRINTED HATTON, ABIGAIL L. 535.68 768243 09/13/2024 PRINTED MOLLER, CHRISTINE 344.13 768244 09/13/2024 PRINTED RUFCA, GLENNA H. 3,073.93 768245 09/13/2024 PRINTED WILLIAMS, SOPHIA E. 401.68 768246 09/13/2024 PRINTED GARDNER, TRISTON S. 350.65 768247 09/13/2024 PRINTED AMORTEGUI, JAIME 1,905.01 768248 09/13/2024 PRINTED BINKLEY, JOHN F., IV 1,894.50 768249 09/13/2024 PRINTED CORDERO, VINCENT L. 1,894.50 768250 09/13/2024 PRINTED CRAVEN, THOMAS A. 2,047.73 768251 09/13/2024 PRINTED GONZALEZ, JUSTIN J. 1,894.50 768252 09/13/2024 PRINTED MARTINEZ, GABRIEL E. 1,894.50 768253 09/13/2024 PRINTED NACHREINER, BRYCE W. 2,090.54 768254 09/13/2024 PRINTED PERDOMO, JAMES E. 1,828.70 768255 09/13/2024 PRINTED VELAZQUEZ, JOSHUA E. 1,905.01 768256 09/13/2024 PRINTED WEST, JOSEPH W. 277.92 768257 09/13/2024 PRINTED CASTLE, JULIE C. 123.17 768258 09/13/2024 PRINTED RIVIERE, AMBER D. 3,127.62 768259 09/13/2024 PRINTED DAMATO, BRUCE R. 641.18 768260 09/13/2024 PRINTED BELL, CRAIG L. 1,020.98 768261 09/13/2024 PRINTED SMITH, MATTHEW C. 1,284.86 768262 09/13/2024 PRINTED RODDENBERRY, OLIVIA 1,425.50 768263 09/13/2024 PRINTED GIBSON, KEVIN S. 3,442.26 768264 09/13/2024 PRINTED HORNE, BRIAN K. 368.56 768265 09/13/2024 PRINTED CABA,CECILIA 670.12 768266 09/13/2024 PRINTED MEDECKE, JULIE A. 1,124.97 768267 09/13/2024 PRINTED TOBAR, ROBERT J. 76.19 768268 09/13/2024 PRINTED FAIRBANK, STEVEN M. 383.46 768269 09/13/2024 PRINTED NOE, REYLIND T. 725.53 768270 09/13/2024 PRINTED JAVED,ADNAN 2,308.22 768271 09/13/2024 PRINTED PAYNE, GEORGE H. 2,246.15 768272 09/13/2024 PRINTED RUBIERA, MARIO E. 1,951.04 768273 09/13/2024 PRINTED BARKWELL, MICHAEL C. 1,904.33 768274 09/13/2024 PRINTED PAGAN, DYLAN J. 1,040.90 768275 09/13/2024 PRINTED RICHARDS, STEVEN A., 476.84 412099 09/12/2024 DIRECT DEPOSIT RICHTER, JOSEPH 1,170.07 412093 09/12/2024 DIRECT DEPOSIT HUFF, TANYA 183.00 412093 09/12/2024 DIRECT DEPOSIT HUFF, TANYA 273.19 412098 09/12/2024 DIRECT DEPOSIT HOWARD, WAYNE 150.00 412098 09/12/2024 DIRECT DEPOSIT HOWARD, WAYNE 1,300.79 412094 09/12/2024 DIRECT DEPOSIT LEVY, AARON 452.58 412094 09/12/2024 DIRECT DEPOSIT LEVY, AARON 75.00 412103 09/12/2024 DIRECT DEPOSIT HUBLER,DARREL 1,398.37 412102 09/12/2024 DIRECT DEPOSIT BLUM, PHILIP 1,430.95 412104 09/12/2024 DIRECT DEPOSIT CLAYBURN, GRAHAM 2,738.10 412107 09/12/2024 DIRECT DEPOSIT LLOYD, HEATHER 505.58 412106 09/12/2024 DIRECT DEPOSIT JOHNSON, SCOTT 163.71 412105 09/12/2024 DIRECT DEPOSIT MECKES, RICHARD 4,017.25 768235 09/12/2024 DIRECT DEPOSIT HORNE, BRIAN 1,650.00 768235 09/12/2024 DIRECT DEPOSIT HORNE, BRIAN 25.00 412097 09/12/2024 DIRECT DEPOSIT GIBBONS, SEAN 4,508.45 412100 09/12/2024 DIRECT DEPOSIT TRENT, CHRISTOPHER 1,462.57 412101 09/12/2024 DIRECT DEPOSIT DEWSON, WILLIAM 2,143.75 412095 09/12/2024 DIRECT DEPOSIT RING, ERIC 818.28 9 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412096 09/12/2024 DIRECT DEPOSIT BELL, DAVID 490.99 412108 09/13/2024 DIRECT DEPOSIT DANIELS, DOUGLAS 1,244.20 412109 09/13/2024 DIRECT DEPOSIT GLITZ, WILLIAM 995.54 412110 09/13/2024 DIRECT DEPOSIT ROHRER, RYLEE 355.22 412111 09/13/2024 DIRECT DEPOSIT SCHREIBER, KEVIN 1,089.99 412112 09/13/2024 DIRECT DEPOSIT ADAMS, SUSAN 2,343.67 412113 09/13/2024 DIRECT DEPOSIT BROWN, ASHLEY 1,384.34 412114 09/13/2024 DIRECT DEPOSIT EARMAN, JOSEPH 2,725.57 412115 09/13/2024 DIRECT DEPOSIT FLESCHER, JOSEPH 2,496.11 412116 09/13/2024 DIRECT DEPOSIT LIST, KATHY 436.30 412117 09/13/2024 DIRECT DEPOSIT LOAR, DERYL 2,415.65 412118 09/13/2024 DIRECT DEPOSIT MOIRANO, KIMBERLY 1,278.00 412119 09/13/2024 DIRECT DEPOSIT NOVAK, NATALIE 949.11 412119 09/13/2024 DIRECT DEPOSIT NOVAK, NATALIE 500.00 412120 09/13/2024 DIRECT DEPOSIT PLESNARSKI, LISA 1,476.09 412121 09/13/2024 DIRECT DEPOSIT STOKES, MAURA 1,570.01 412122 09/13/2024 DIRECT DEPOSIT GLANVILLE,TERESA 1,376.66 412122 09/13/2024 DIRECT DEPOSIT GLANVILLE,TERESA 241.00 412123 09/13/2024 DIRECT DEPOSIT HICKS, CHRISTOPHER 3,967.78 412124 09/13/2024 DIRECT DEPOSIT MOORE, CHRISTINA 2,316.90 412125 09/13/2024 DIRECT DEPOSIT PRADO, SUSAN 3,364.34 412125 09/13/2024 DIRECT DEPOSIT PRADO,SUSAN 250.00 412126 09/13/2024 DIRECT DEPOSIT WESTERIK, NADIA 1,852.01 412126 09/13/2024 DIRECT DEPOSIT WESTERIK, NADIA 500.00 412127 09/13/2024 DIRECT DEPOSIT LESTER,CHESNEY 2,122.38 412128 09/13/2024 DIRECT DEPOSIT MCKINLEY, KELLY 1,922.04 412129 09/13/2024 DIRECT DEPOSIT RAM IREZ, REBECCA 1,470.12 412130 09/13/2024 DIRECT DEPOSIT ROSE, CARSON 1,580.45 412131 09/13/2024 DIRECT DEPOSIT STAUDT, MICHAEL 2,282.00 412132 09/13/2024 DIRECT DEPOSIT TRAMEL, PATRICK 2,075.15 412133 09/13/2024 DIRECT DEPOSIT VIETZE, MARK 2,002.50 412134 09/13/2024 DIRECT DEPOSIT AMATO, JAMES 877.45 412135 09/13/2024 DIRECT DEPOSIT BOONE, BLAKE 203.70 412136 09/13/2024 DIRECT DEPOSIT BOSTICK, LINDA 367.07 412137 09/13/2024 DIRECT DEPOSIT BOWEN, ISABELLA 83.37 412138 09/13/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 174.65 412138 09/13/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 261.97 412139 09/13/2024 DIRECT DEPOSIT DAVI DIAN, SAGE 300.56 412140 09/13/2024 DIRECT DEPOSIT DOTSEY, JESSICA 419.17 412140 09/13/2024 DIRECT DEPOSIT DOTSEY, JESSICA 419.17 412141 09/13/2024 DIRECT DEPOSIT GERNER, JOSHUA 512.61 412142 09/13/2024 DIRECT DEPOSIT GRAY, STEVEN 350.17 412143 09/13/2024 DIRECT DEPOSIT HAUPT,ROSA 601.06 412144 09/13/2024 DIRECT DEPOSIT HEINZE, DONALD 965.21 412145 09/13/2024 DIRECT DEPOSIT HENDRICKSEN, TYLER 253.80 412146 09/13/2024 DIRECT DEPOSIT LANCASTER, CORBIN 608.26 412147 09/13/2024 DIRECT DEPOSIT MANGUS, ISABELLA 911.97 412148 09/13/2024 DIRECT DEPOSIT MAYORGA, MARCO 200.19 412149 09/13/2024 DIRECT DEPOSIT MINTEL, MATTHEW 116.88 412150 09/13/2024 DIRECT DEPOSIT NIEVES,ANIBAL 113.16 412151 09/13/2024 DIRECT DEPOSIT O'NEILL, BRANDON 685.09 412151 09/13/2024 DIRECT DEPOSIT O'NEILL, BRANDON 685.09 412152 09/13/2024 DIRECT DEPOSIT ROHRER, MAREENA 137.36 412152 09/13/2024 DIRECT DEPOSIT ROHRER, MAREENA 412.07 412153 09/13/2024 DIRECT DEPOSIT RUVANE,TAYVIA 1,623.72 412154 09/13/2024 DIRECT DEPOSIT SERVAITES, THOMAS 348.60 412155 09/13/2024 DIRECT DEPOSIT SHARKEY, ROBERT 584.53 412156 09/13/2024 DIRECT DEPOSIT SHELDON, GAGE 417.44 412157 09/13/2024 DIRECT DEPOSIT SILVIO, SARAH 386.58 412158 09/13/2024 DIRECT DEPOSIT SIMPSON, ANDREW 383.14 412159 09/13/2024 DIRECT DEPOSIT SPARROW-VOORHEES, TABATHA 1,093.84 412160 09/13/2024 DIRECT DEPOSIT STORTS, HOLDEN 374.49 412161 09/13/2024 DIRECT DEPOSIT VASQUEZ, ODDY 431.45 412162 09/13/2024 DIRECT DEPOSIT WAGNER, FREDERICK 749.22 412163 09/13/2024 DIRECT DEPOSIT BAKER, MURRAY 804.29 412164 09/13/2024 DIRECT DEPOSIT COUSINO, HEATHER 410.74 10 CHECK NUMBER CHECK DATE CHECKTYPE VENDOR NAME AMOUNT 412165 09/13/2024 DIRECT DEPOSIT DAWKINS, WALKER 390.72 412166 09/13/2024 DIRECT DEPOSIT GIBSON, CHASTITY 50.00 412166 09/13/2024 DIRECT DEPOSIT GIBSON, CHASTITY 10.00 412166 09/13/2024 DIRECT DEPOSIT GIBSON, CHASTITY 527.27 412167 09/13/2024 DIRECT DEPOSIT LAURO, HELEN 765.72 412168 09/13/2024 DIRECT DEPOSIT LEFEBURE, ANNABELLE 695.29 412169 09/13/2024 DIRECT DEPOSIT LEFEBURE, LEVI 431.37 412170 09/13/2024 DIRECT DEPOSIT LOCY, EMILY 1,520.20 412170 09/13/2024 DIRECT DEPOSIT LOGY, EMILY 50.00 412171 09/13/2024 DIRECT DEPOSIT MARLEAU, KATIE 2,059.35 412172 09/13/2024 DIRECT DEPOSIT MULLEN,LYLAH 101.49 412173 09/13/2024 DIRECT DEPOSIT RAULERSON, SPRING 677.10 412174 09/13/2024 DIRECT DEPOSIT ROACHE, DEBRA 335.41 412175 09/13/2024 DIRECT DEPOSIT SERVAITES, GREGG 1,553.83 412176 09/13/2024 DIRECT DEPOSIT SNEE,JACKSON 466.63 412177 09/13/2024 DIRECT DEPOSIT SPARKS, KENDALL 379.67 412178 09/13/2024 DIRECT DEPOSIT TRENT, CECIL 643.00 412179 09/13/2024 DIRECT DEPOSIT CAROW, ELAINE 1,361.29 412180 09/13/2024 DIRECT DEPOSIT COWAN, DONALD 1,161.06 412181 09/13/2024 DIRECT DEPOSIT EISWERTH, SARAH 980.56 412182 09/13/2024 DIRECT DEPOSIT FADAYOMI, BENJAMIN 449.92 412183 09/13/2024 DIRECT DEPOSIT HEBELER, SANDRA 1,123.64 412184 09/13/2024 DIRECT DEPOSIT JONES, ALFRED 237.12 412185 09/13/2024 DIRECT DEPOSIT JURAD,DREW 1,646.15 412186 09/13/2024 DIRECT DEPOSIT KRESS, JILL 1,911.53 412187 09/13/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 500.00 412187 09/13/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 1,198.64 412188 09/13/2024 DIRECT DEPOSIT REDFERN, RICHARD 221.50 412188 09/13/2024 DIRECT DEPOSIT REDFERN, RICHARD 55.38 412189 09/13/2024 DIRECT DEPOSIT SMITH, DAVID 3,656.95 412189 09/13/2024 DIRECT DEPOSIT SMITH, DAVID 100.00 412190 09/13/2024 DIRECT DEPOSIT TILTON, JOSEPH 250.00 412190 09/13/2024 DIRECT DEPOSIT TILTON, JOSEPH 2,273.72 412191 09/13/2024 DIRECT DEPOSIT BINEGAR, AMBER 484.64 412192 09/13/2024 DIRECT DEPOSIT BOWKER, JACQUELINE 1,227.12 412193 09/13/2024 DIRECT DEPOSIT BROWN, ARIEL 1,013.86 412194 09/13/2024 DIRECT DEPOSIT BUSKIRK, KITTIE 1,635.53 412195 09/13/2024 DIRECT DEPOSIT COLE, KAREN 1,464.94 412196 09/13/2024 DIRECT DEPOSIT FARBER, ASHLEY 711.29 412197 09/13/2024 DIRECT DEPOSIT FOXX, PAOLA 636.58 412198 09/13/2024 DIRECT DEPOSIT GOODEN, TRAVIS 1,029.41 412199 09/13/2024 DIRECT DEPOSIT HADSELL, DARLENE 1,912.74 412200 09/13/2024 DIRECT DEPOSIT HECKMAN, CHELSEA 1,074.98 412201 09/13/2024 DIRECT DEPOSIT HELTON, HEATHER 5.00 412201 09/13/2024 DIRECT DEPOSIT HELTON, HEATHER 1,362.19 412201 09/13/2024 DIRECT DEPOSIT HELTON, HEATHER 10.00 412202 09/13/2024 DIRECT DEPOSIT HUFF, TANYA 183.00 412202 09/13/2024 DIRECT DEPOSIT HUFF,TANYA 2,034.40 412203 09/13/2024 DIRECT DEPOSIT JUARBE, THALIA 1,013.77 412204 09/13/2024 DIRECT DEPOSIT LEE, GI 85.38 412204 09/13/2024 DIRECT DEPOSIT LEE, GI 1,366.05 412204 09/13/2024 DIRECT DEPOSIT LEE,GI 256.13 412205 09/13/2024 DIRECT DEPOSIT LESCIO,JOLENE 1,415.66 412206 09/13/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 25.00 412206 09/13/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 1661.44 412207 09/13/2024 DIRECT DEPOSIT MCDOUGALL, STEVEN 1,442.76 412208 09/13/2024 DIRECT DEPOSIT MCKENNA,TERESA 520.99 412209 09/13/2024 DIRECT DEPOSIT MORGAN, JESSICA 763.76 412210 09/13/2024 DIRECT DEPOSIT NEAL, MARY JANE 1,214.91 412211 09/13/2024 DIRECT DEPOSIT PAGANO,SADIE 427.97 412212 09/13/2024 DIRECT DEPOSIT PAWLAK, FRANCES 1,118.60 412213 09/13/2024 DIRECT DEPOSIT PEREZ, JOSHUA 2,527.33 412214 09/13/2024 DIRECT DEPOSIT SANTOYO, ETHELYN 502.58 412215 09/13/2024 DIRECT DEPOSIT SCHOEN, ERIC 1,227.95 412216 09/13/2024 DIRECT DEPOSIT SMITH NIKITIN, KRISTIE 1,585.85 412217 09/13/2024 DIRECT DEPOSIT STENGER, ELIZABETH 2,677.68 11 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412218 09/13/2024 DIRECT DEPOSIT TRUSS, LAWRENCE 565.33 412219 09/13/2024 DIRECT DEPOSIT WAGNER, MICHELLE 1,626.89 412220 09/13/2024 DIRECT DEPOSIT WYATT, ELIZABETH 556.04 412221 09/13/2024 DIRECT DEPOSIT ALBINI, SCOTT 505.98 412222 09/13/2024 DIRECT DEPOSIT ANDERSON, KATHERINE 1,432.22 412223 09/13/2024 DIRECT DEPOSIT BACHMANN, SANDRA 1,576.97 412224 09/13/2024 DIRECT DEPOSIT BOIKE, REBECCA 1,165.87 412225 09/13/2024 DIRECT DEPOSIT BOWMAN, KATHLEEN 2,353.41 412226 09/13/2024 DIRECT DEPOSIT ELSEBOUGH, KELLY 550.70 412227 09/13/2024 DIRECT DEPOSIT GALENTINE, TRACY 1,012.18 412228 09/13/2024 DIRECT DEPOSIT IACHINI, TAYLOR 1,049.50 412229 09/13/2024 DIRECT DEPOSIT KEATLEY, WHITNEY 557.26 412230 09/13/2024 DIRECT DEPOSIT MELASI, SUSAN 1,516.93 412231 09/13/2024 DIRECT DEPOSIT PANKIEWICZ-FUCHS, PATRICIA 2,270.61 412232 09/13/2024 DIRECT DEPOSIT RATHMAN, BETHANY 724.45 412233 09/13/2024 DIRECT DEPOSIT ROSADO-RODRIGUEZ, JEFFREY 1,096.47 412234 09/13/2024 DIRECT DEPOSIT BROWNING, KATHLEEN 556.74 412235 09/13/2024 DIRECT DEPOSIT COOLER HAWK, SHANNON 1,414.55 412236 09/13/2024 DIRECT DEPOSIT FRANCIS, RICHARD 1,420.82 412237 09/13/2024 DIRECT DEPOSIT HERNANDEZ, MELISSA 508.11 412238 09/13/2024 DIRECT DEPOSIT LOWE, CYNTHIA 1,049.39 412239 09/13/2024 DIRECT DEPOSIT MCDOUGALL, HOLLIE 1,695.58 412240 09/13/2024 DIRECT DEPOSIT NEAL, BRIANNA 496.22 412241 09/13/2024 DIRECT DEPOSIT PEARSAUL, VICTORIA 688.46 412242 09/13/2024 DIRECT DEPOSIT SOBEL, KATHERINE 561.83 412243 09/13/2024 DIRECT DEPOSIT ADAMS, KEVIN 1,910.11 412244 09/13/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 827.84 412244 09/13/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 354.79 412245 09/13/2024 DIRECT DEPOSIT CASTRO, JUAN 1,014.74 412246 09/13/2024 DIRECT DEPOSIT GIANSANTWOHN 675.36 412247 09/13/2024 DIRECT DEPOSIT HALL, CARLY 764.04 412248 09/13/2024 DIRECT DEPOSIT SORENSON, MICHELLE 1,045.25 412249 09/13/2024 DIRECT DEPOSIT VERGARA, GUSTAVO 2,874.19 412250 09/13/2024 DIRECT DEPOSIT BILLINGS, JOHNATHAN 2,081.87 412251 09/13/2024 DIRECT DEPOSIT BONELL, CALEB 415.68 412252 09/13/2024 DIRECT DEPOSIT BROWNLEE, MATTHEW 487.46 412253 09/13/2024 DIRECT DEPOSIT COPPOLA, JOHN 328.77 412254 09/13/2024 DIRECT DEPOSIT DIAS-NOVA, DANIEL 1,358.80 412255 09/13/2024 DIRECT DEPOSIT DOTSEY, JOHN 1,685.94 412256 09/13/2024 DIRECT DEPOSIT FILIZZOLA NOVA, BRENO 947.10 412257 09/13/2024 DIRECT DEPOSIT FRANCOEUR, ANDREW 421.16 412258 09/13/2024 DIRECT DEPOSIT GILLIGAN, MATTHEW 1,320.58 412259 09/13/2024 DIRECT DEPOSIT HENDERSON, CHRISTOPHER 2,210.63 412260 09/13/2024 DIRECT DEPOSIT JENKINS, CARLOS 203.62 412261 09/13/2024 DIRECT DEPOSIT JONES, CHRISTOPHER 1,040.37 412262 09/13/2024 DIRECT DEPOSIT KEATON, KAMERON 1,461.79 412263 09/13/2024 DIRECT DEPOSIT LEVY, AARON 1,468.52 412263 09/13/2024 DIRECT DEPOSIT LEVY, AARON 75.00 412264 09/13/2024 DIRECT DEPOSIT LOCY, ROBBIE 180.05 412265 09/13/2024 DIRECT DEPOSIT MCDEARMID, RONALD 519.27 412266 09/13/2024 DIRECT DEPOSIT OTTO, DANIEL 1,538.87 412267 09/13/2024 DIRECT DEPOSIT PURPURA, CHRISTOPHER 1,483.17 412268 09/13/2024 DIRECT DEPOSIT RING, ERIC 1,895.32 412269 09/13/2024 DIRECT DEPOSIT WADE, FARAI 101.02 412269 09/13/2024 DIRECT DEPOSIT WADE, FARAI 43.29 412270 09/13/2024 DIRECT DEPOSIT WATKINS, CHRISTOPHER 1,606.02 412271 09/13/2024 DIRECT DEPOSIT CAGGIANO, LINDA 1,084.01 412272 09/13/2024 DIRECT DEPOSIT MATTHEWS, JESSICA 1,842.87 412273 09/13/2024 DIRECT DEPOSIT ABERNATHY, STEVE 4,338.19 412274 09/13/2024 DIRECT DEPOSIT ACCARDI,TRISTAN 489.29 412274 09/13/2024 DIRECT DEPOSIT ACCARDI, TRISTAN 1,957.14 412275 09/13/2024 DIRECT DEPOSIT ADKINS,TANISHA 1,974.61 412276 09/13/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 1,111.11 412276 09/13/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 2,063.50 412277 09/13/2024 DIRECT DEPOSIT ALICEA, MICHAEL 2,126.02 412278 09/13/2024 DIRECT DEPOSIT ANGELONE, ANDREW 2,019.29 12 CHECK NUMBER CHECK DATE CHECKTYPE VENDOR NAME AMOUNT 412279 09/13/2024 DIRECT DEPOSIT ANGOTTI, JEFFREY 1,820.41 412280 09/13/2024 DIRECT DEPOSIT AREYZAGA, CHY-ANN 1,746.54 412281 09/13/2024 DIRECT DEPOSIT ARNOLD, WESLEY 2,458.57 412282 09/13/2024 DIRECT DEPOSIT AYERDIS, ALEXANDER 2,585.73 412283 09/13/2024 DIRECT DEPOSIT BAILEY, JOSHUA 2,333.13 412284 09/13/2024 DIRECT DEPOSIT BAIRD, ALLISON 2,262.01 412285 09/13/2024 DIRECT DEPOSIT BARCUS, CHRISTOPHER 2,568.98 412286 09/13/2024 DIRECT DEPOSIT BARKEY, WILLIAM 3,463.52 412287' 09/13/2024 DIRECT DEPOSIT BELL, DAVID 2,716.25 412288 09/13/2024 DIRECT DEPOSIT BENDER, JOSHUA 2,016.66 412288 09/13/2024 DIRECT DEPOSIT BENDER, JOSHUA 750.00 412289 09/13/2024 DIRECT DEPOSIT BENITEZ, ANGEL 2,045.14 412290 09/13/2024 DIRECT DEPOSIT BERNI, CORBIN 2,243.36 412291 09/13/2024 DIRECT DEPOSIT BERNSTEIN, MICHAEL 3,108.88 412292 09/13/2024 DIRECT DEPOSIT BEUTTELL, CLIFTON 2,458.93 412293 09/13/2024 DIRECT DEPOSIT BICKFORD, CLAUDIA 2,604.52 412294 09/13/2024 DIRECT DEPOSIT BINAFIF, MAZEN 2,591.17 412295 09/13/2024 DIRECT DEPOSIT BLOCH, MATTHEW 2,379.64 412296 09/13/2024 DIRECT DEPOSIT BONHOMME, DAVE BRIAN 1,773.58 412297 09/13/2024 DIRECT DEPOSIT BOROCZKY, TAMAS 2,118.42 412298 09/13/2024 DIRECT DEPOSIT BOWDEN, CHASE 2,306.07 412299 09/13/2024 DIRECT DEPOSIT BRAMLETT, RILEY 2,022.64 412300 09/13/2024 DIRECT DEPOSIT BRENNAN, THOMAS 1,897.64 412301 09/13/2024 DIRECT DEPOSIT BREWER, CHRISTEN 200.00 412301 09/13/2024 DIRECT DEPOSIT BREWER, CHRISTEN 2,318.82 412302 09/13/2024 DIRECT DEPOSIT BROUWER,JHONATAN 2,853.65 412303 09/13/2024 DIRECT DEPOSIT BRUNO, HARRISON 2,159.30 412304 09/13/2024 DIRECT DEPOSIT BUDERUS, CHRISTOPHER 1,770.52 412305 09/13/2024 DIRECT DEPOSIT BURKE, CHRISTOPHER 2,817.69 412306 09/13/2024 DIRECT DEPOSIT BURKE, DONALD 2,308.71 412307 09/13/2024 DIRECT DEPOSIT BURNS, BOB 1,947.93 412308 09/13/2024 DIRECT DEPOSIT BURRITT, BRIAN 1,937.29 412309 09/13/2024 DIRECT DEPOSIT BUSTAMANTE, LUIS 1,925.05 412310 09/13/2024 DIRECT DEPOSIT CAGLE, GARRETT 2,148.97 412311 09/13/2024 DIRECT DEPOSIT CALLAHAN, RYAN 3,833.11 412312 09/13/2024 DIRECT DEPOSIT CALLOWAY, JAMIE 2,726.32 412313 09/13/2024 DIRECT DEPOSIT CALZADILLA, EVAN 3,066.04 412314 09/13/2024 DIRECT DEPOSIT CAPPELEN, RYAN 3,077.29 412315 09/13/2024 DIRECT DEPOSIT CASS, JAMES 2,770.66 412316 09/13/2024 DIRECT DEPOSIT CEBRYNSKI,JOSEPH 3,134.25 412317 09/13/2024 DIRECT DEPOSIT CHISHOLM, KEITH 2,887.53 412318 09/13/2024 DIRECT DEPOSIT CICERONI, RICHARD 2,553.45 412319 09/13/2024 DIRECT DEPOSIT CLUTE, KEVIN 3,072.33 412320 09/13/2024 DIRECT DEPOSIT COBB, JOHN 2,037.77 412321 09/13/2024 DIRECT DEPOSIT COFFEY, GAVIN 2,249.20 412322 09/13/2024 DIRECT DEPOSIT COLEMAN, JACOB 1,703.84 412323 09/13/2024 DIRECT DEPOSIT COLEMAN, LEVI 3,411.56 412324 09/13/2024 DIRECT DEPOSIT COOPER, MIKAL 2,286.83 412325 09/13/2024 DIRECT DEPOSIT CORSO, JOHN 2,144.42 412326 09/13/2024 DIRECT DEPOSIT COTRONE, NICHOLAS 1,710.44 412327 09/13/2024 DIRECT DEPOSIT CRARY, WILLIAM 1,951.43 412328 09/13/2024 DIRECT DEPOSIT CRUSE, DEVIN 2,174.67 412329 09/13/2024 DIRECT DEPOSIT CUEVAS, RUBEN 2,424.08 412330 09/13/2024 DIRECT DEPOSIT CURTIS, COREY 1,907.39 412331 09/13/2024 DIRECT DEPOSIT DAMPIER, BRADLEY 2,045.21 412332 09/13/2024 DIRECT DEPOSIT DAMPIER, BRANDON 2,008.25 412333 09/13/2024 DIRECT DEPOSIT DANCY,GARRETT 1,466.56 412334 09/13/2024 DIRECT DEPOSIT DEBROWSKI, FRANCIS 2,235.09 412335 09/13/2024 DIRECT DEPOSIT DEKKER, ANTHONY 3,703.40 412336 09/13/2024 DIRECT DEPOSIT DEKKER, DUSTIN 2,986.53 412337 09/13/2024 DIRECT DEPOSIT DELASHMUTT, KEVIN 3,117.09 412338 09/13/2024 DIRECT DEPOSIT DELGADO, AUSTIN 1,571.40 412339 09/13/2024 DIRECT DEPOSIT DENT, RICHARD 3,568.73 412340 09/13/2024 DIRECT DEPOSIT DIAZ, NICHOLAS 2,777.15 412341 09/13/2024 DIRECT DEPOSIT DION, ROGER 3,243.57 412342 09/13/2024 DIRECT DEPOSIT DUNNE, COLIN 2,314.86 13 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412343 09/13/2024 DIRECT DEPOSIT DUSKIN, MICHAEL 2,259.49 412344 09/13/2024 DIRECT DEPOSIT EDENFIELD-ERNSBERGER, TRISTAN 2,089.94 412345 09/13/2024 DIRECT DEPOSIT EFFEREN, ROBERT 2,210.79 412346 09/13/2024 DIRECT DEPOSIT EIRLS, MICHAEL 1,984.43 412347 09/13/2024 DIRECT DEPOSIT ELLISON, CRAIG 2,098.64 412348 09/13/2024 DIRECT DEPOSIT ESCOBEDO, PAUL 2,636.99 412349 09/13/2024 DIRECT DEPOSIT ESKEW, BRADLEY 2,251.77 412350 09/13/2024 DIRECT DEPOSIT ESPINOZA, JAMES 1,945.36 412351 09/13/2024 DIRECT DEPOSIT ESTELHOMME, BRIAN 1,839.64 412352 09/13/2024 DIRECT DEPOSIT FARRELL, SARAH 2,069.57 412353 09/13/2024 DIRECT DEPOSIT FEBRES-CORDERO,DYLLAN 1,379.58 412353 09/13/2024 DIRECT DEPOSIT FEBRES-CORDERO,DYLLAN 750.00 412354 09/13/2024 DIRECT DEPOSIT FIELDS, DAWSON 1,712.21 412355 09/13/2024 DIRECT DEPOSIT FIGAS, AUSTIN 2,026.93 412356 09/13/2024 DIRECT DEPOSIT FIGUEROA, JULIAN 1,783.26 412357 09/13/2024 DIRECT DEPOSIT FLOOD, STEPHEN 1,582.75 412357 09/13/2024 DIRECT DEPOSIT FLOOD, STEPHEN 700.00 412358 09/13/2024 DIRECT DEPOSIT FLORES,IVAN 2,215.71 412359 09/13/2024 DIRECT DEPOSIT FLORES, JULIO 2,939.02 412360 09/13/2024 DIRECT DEPOSIT FONTANA, RYAN 2,347.71 412361 09/13/2024 DIRECT DEPOSIT FORD, BRADLEY 2,968.68 412362 09/13/2024 DIRECT DEPOSIT FORGET, JUSTIN 4,829.22 412363 09/13/2024 DIRECT DEPOSIT FOWLER, SEAN 1,705.67 412364 09/13/2024 DIRECT DEPOSIT FOX, THOMAS 35.00 412364 09/13/2024 DIRECT DEPOSIT FOX, THOMAS 2,581.51 412365 09/13/2024 DIRECT DEPOSIT FRETWELL, JASON 2,085.79 412366 09/13/2024 DIRECT DEPOSIT FUCCI, JAMES 2,739.51 412367 09/13/2024 DIRECT DEPOSIT GABBARD, KYLE 4,061.03 412368 09/13/2024 DIRECT DEPOSIT GALLEGOS, MATTHEW 2,375.20 412369 09/13/2024 DIRECT DEPOSIT GEHRING,JOELY 2,982.21 412370 09/13/2024 DIRECT DEPOSIT GIACCO, MICHAEL 1,829.25 412371 09/13/2024 DIRECT DEPOSIT GIBBONS, SEAN 3,810.68 412372 09/13/2024 DIRECT DEPOSIT GIBBONS,TREVOR 2,104.48 412373 09/13/2024 DIRECT DEPOSIT GILL, WADE 2,121.44 412374 09/13/2024 DIRECT DEPOSIT GILLIG, JUSTIN 2,539.86 412375 09/13/2024 DIRECT DEPOSIT GOICOECHEA, YOMAYRA 3,145.74 412376 09/13/2024 DIRECT DEPOSIT GOMBOS, RICHARD 1,971.42 412377 09/13/2024 DIRECT DEPOSIT GOMEZ, J JESUS 4,567.60 412378 09/13/2024 DIRECT DEPOSIT GOMEZ, RAMIRO 1,740.39 412379 09/13/2024 DIRECT DEPOSIT GOOD, MITCHELL 1,830.98 412380 09/13/2024 DIRECT DEPOSIT GOODRICH, EVYN 2,136.73 412381 09/13/2024 DIRECT DEPOSIT GOODSON, RYAN 1,626.76 412382 09/13/2024 DIRECT DEPOSIT GRANATH, JOHN 2,338.46 412383 09/13/2024 DIRECT DEPOSIT GRAUL,STEVEN 4,042.47 412384 09/13/2024 DIRECT DEPOSIT GREER, STEPHEN 3,047.57 412385 09/13/2024 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 100.00 412385 09/13/2024 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 3,034.67 412386 09/13/2024 DIRECT DEPOSIT GUANCH, BRIAN 1,000.00 412386 09/13/2024 DIRECT DEPOSIT GUANCH, BRIAN 1,684.12 412387 09/13/2024 DIRECT DEPOSIT HACKLER, SPENCER 2,272.53 412388 09/13/2024 DIRECT DEPOSIT HAFFIELD, BRANDON 2,123.64 412389 09/13/2024 DIRECT DEPOSIT HAMILTON, CAMERON 1,851.81 412390 09/13/2024 DIRECT DEPOSIT HARKNESS, STEPHEN 2,303.01 412391 09/13/2024 DIRECT DEPOSIT HARLEY-OPPEL,KYLER 1,819.26 412392 09/13/2024 DIRECT DEPOSIT HARRIS, HEATH 2,241.63 412393 09/13/2024 DIRECT DEPOSIT HASKAS, STAMATIS 563.27 412394 09/13/2024 DIRECT DEPOSIT HATTON, CASEY 2,184.84 412395 09/13/2024 DIRECT DEPOSIT HAWKINS, DUSTIN 2,819.73 412396 09/13/2024 DIRECT DEPOSIT HELINSKI, MICHAEL 1,924.68 412397 09/13/2024 DIRECT DEPOSIT HENDERSON, CYNTHIA 2,530.00 412398 09/13/2024 DIRECT DEPOSIT HENDERSON, MARIO 3,358.51 412399 09/13/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 100.00 412399 09/13/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 2,854.28 412400 09/13/2024 DIRECT DEPOSIT HINSON, CHRISTOPHER 176.47 412400 09/13/2024 DIRECT DEPOSIT HINSON, CHRISTOPHER 2,029.39 412401 09/13/2024 DIRECT DEPOSIT HOLBROOK, JAMES 4,170.61 14 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412402 09/13/2024 DIRECT DEPOSIT HOLMES, CODY 2,548.80 412403 09/13/2024 DIRECT DEPOSIT HOLTZCLAW, KYLE 2,154.90 412404 09/13/2024 DIRECT DEPOSIT HORNER, CHAD 2,399.29 412405 09/13/2024 DIRECT DEPOSIT HOWARD, WAYNE 150.00 412405 09/13/2024 DIRECT DEPOSIT HOWARD, WAYNE 4,107.45 412406 09/13/2024 DIRECT DEPOSIT HRUSOVSKY, MCGWIRE 1,448.45 412407 09/13/2024 DIRECT DEPOSIT HUGHES, DEVON 3,331.57 412408 09/13/2024 DIRECT DEPOSIT HURTADO, DANIEL 2,314.66 412409 09/13/2024 DIRECT DEPOSIT HYDE, JACOB 2,262.02 412410 09/13/2024 DIRECT DEPOSIT ISAACSON, ERIK 2,466.88 412411 09/13/2024 DIRECT DEPOSIT JENSEN,CASEY 2,432.58 412412 09/13/2024 DIRECT DEPOSIT JONES, CHRISTOPHER 3,438.91 412413 09/13/2024 DIRECT DEPOSIT JONES, DALTON 1,998.44 412414 09/13/2024 DIRECT DEPOSIT JONES, LAVIGNE 2,387.83 412415 09/13/2024 DIRECT DEPOSIT JUDSON,JASON 3,618.09 412416 09/13/2024 DIRECT DEPOSIT KAHL, BRANDON 50.00 412416 09/13/2024 DIRECT DEPOSIT KAHL, BRANDON 2,745.71 412417 09/13/2024 DIRECT DEPOSIT KARPINSKI, DODGE 2,291.07 412418 09/13/2024 DIRECT DEPOSIT KEARNS, OLIVER 1,882.48 412419 09/13/2024 DIRECT DEPOSIT KIERNAN, DAVID 2,992.55 412420 09/13/2024 DIRECT DEPOSIT KING, JOSEPH 1,580.97 412420 09/13/2024 DIRECT DEPOSIT KING, JOSEPH 600.00 412421 09/13/2024 DIRECT DEPOSIT KLAUSE,SHEENA 2,355.21 412422 09/13/2024 DIRECT DEPOSIT KOFKE, KYLE 1,000.00 412422 09/13/2024 DIRECT DEPOSIT KOFKE, KYLE 2,752.55 412423 09/13/2024 DIRECT DEPOSIT KOVALESKI, JOSEPH 1,734.13 412424 09/13/2024 DIRECT DEPOSIT KOVATCH, NATHAN 2,656.22 412425 09/13/2024 DIRECT DEPOSIT KRAFT, MATTHEW 1,739.51 412426 09/13/2024 DIRECT DEPOSIT KRUEGER, RYAN 2,474.06 412427 09/13/2024 DIRECT DEPOSIT LAMANA, PARRIS 1,121.86 412428 09/13/2024 DIRECT DEPOSIT LANG, GEOFFREY 250.00 412428 09/13/2024 DIRECT DEPOSIT LANG, GEOFFREY 1,706.72 412429 09/13/2024 DIRECT DEPOSIT LEGLEITNER, CHANDLER 1,738.10 412430 09/13/2024 DIRECT DEPOSIT LEWIS, BRAD 2,420.48 412431 09/13/2024 DIRECT DEPOSIT LLOYD,JAMES 3,678.36 412432 09/13/2024 DIRECT DEPOSIT LOGSDON, TYLER 2,529.04 412433 09/13/2024 DIRECT DEPOSIT LONDONO, ISAAC 1,745.38 412434 .09/13/2024 DIRECT DEPOSIT LOPEZ, ANTONIO 1,736.66 412435 09/13/2024 DIRECT DEPOSIT LOPEZ, ERIC 3,413.34 412436 09/13/2024 DIRECT DEPOSIT LOPEZ, JUAN 2,039.27 412437 09/13/2024 DIRECT DEPOSIT LOUDERMILK, JEFFREY 2,234.60 412438 09/13/2024 DIRECT DEPOSIT LUCAS, DAVID 1,768.39 412439 09/13/2024 DIRECT DEPOSIT MACKINNON, JENNIFER 3,091.03 412440 09/13/2024 DIRECT DEPOSIT MAGUIRE, KEVIN 2,087.25 412441 09/13/2024 DIRECT DEPOSIT MAHAN, STEVEN 2,527.86 412442 09/13/2024 DIRECT DEPOSIT MARCHESINI, TODD 2,180.51 412443 09/13/2024 DIRECT DEPOSIT MARINI, STEVEN 1,647.52 412444 09/13/2024 DIRECT DEPOSIT MARQUES, CARLO 2,438.61 412445 09/13/2024 DIRECT DEPOSIT MARQUES, GABRIELLE 1,858.58 412446 09/13/2024 DIRECT DEPOSIT MARTINEZ, ALYSSA 2,253.65 412447 09/13/2024 DIRECT DEPOSIT MASON, BRETT 2,049.66 412448 09/13/2024 DIRECT DEPOSIT MASTERS, DANIEL 3,150.34 412449 09/13/2024 DIRECT DEPOSIT MATHERLY, CHRISTOPHER 2,977.43 412450 09/13/2024 DIRECT DEPOSIT MAZZOLA, MICHAEL 2,372.47 412451 09/13/2024 DIRECT DEPOSIT MCAULIFFE, COLBY 1,875.47 412452 09/13/2024 DIRECT DEPOSIT MCCABE, BENJAMIN 2,062.69 412453 09/13/2024 DIRECT DEPOSIT MCCORMACK, SEAN 3,552.10 412454 09/13/2024 DIRECT DEPOSIT MCGINN, MATTHEW 1,995.21 412455 09/13/2024 DIRECT DEPOSIT MCLEOD, CODY 1,794.42 412456 09/13/2024 DIRECT DEPOSIT MCVAY, CHRISTOPHER 2,573.30 412457 09/13/2024 DIRECT DEPOSIT MEDINA, NICKOLAS 2,259.51 412458 09/13/2024 DIRECT DEPOSIT MEILAN, TOMAS 3,960.82 412459 09/13/2024 DIRECT DEPOSIT METZ, GIANNA 2,083.11 412460 09/13/2024 DIRECT DEPOSIT METZ, MATTHEW 2,176.43 412461 09/13/2024 DIRECT DEPOSIT MEYERS, KYLE 2,246.72 412462 09/13/2024 DIRECT DEPOSIT MINCHEVA,TSVETELINA 1,838.60 15 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412463 09/13/2024 DIRECT DEPOSIT MINNS, KYLE 2,285.75 412464 09/13/2024 DIRECT DEPOSIT MIXON, SEAN 1,695.65 412465 09/13/2024 DIRECT DEPOSIT MONTPETIT, CHRISTOPHER 1,616.51 412466 09/13/2024 DIRECT DEPOSIT MOONEY, KEVIN 1,766.92 412466 09/13/2024 DIRECT DEPOSIT MOONEY, KEVIN 300.00 412467 09/13/2024 DIRECT DEPOSIT MORRIS, JOSHUA 2,286.63 412468 09/13/2024 DIRECT DEPOSIT MORRIS, NICOLE 3,306.29 412469 09/13/2024 DIRECT DEPOSIT MORRISON, JAMES 2,377.10 412470 09/13/2024 DIRECT DEPOSIT MOYER, HANNAH 2,753.67 412471 09/13/2024 DIRECT DEPOSIT MURPHY, ANDREW 2,101.10 412472 09/13/2024 DIRECT DEPOSIT NADOLNY, VINCENT 2,749.14 412473 09/13/2024 DIRECT DEPOSIT NIELSEN, ALEX 2,234.71 412474 09/13/2024 DIRECT DEPOSIT NOGAREDA, JORDAN 1,716.73 412475 09/13/2024 DIRECT DEPOSIT NOHRR,JULI 2,547.09 412476 09/13/2024 DIRECT DEPOSIT NORAT, ALEXANDER 2,020.80 412477 09/13/2024 DIRECT DEPOSIT OCONNOR, JOHN 2,930.49 412478 09/13/2024 DIRECT DEPOSIT OHLER, MARK 1,861.32 412479 09/13/2024 DIRECT DEPOSIT OLIVER, LUKE 3,307.28 412480 09/13/2024 DIRECT DEPOSIT ORTIZ, TAYLOR 1,747.05 412480 09/13/2024 DIRECT DEPOSIT ORTIZ, TAYLOR 150.00 412481 09/13/2024 DIRECT DEPOSIT OSGOOD, DAVID 2,419.63 412482 09/13/2024 DIRECT DEPOSIT OSTERMAN, TYLER 1,830.86 412482 09/13/2024 DIRECT DEPOSIT OSTERMAN, TYLER 457.72 412483 09/13/2024 DIRECT DEPOSIT PARKER,RYAN 3,243.75 412484 09/13/2024 DIRECT DEPOSIT PARKER, TYLER 2,768.65 412485 09/13/2024 DIRECT DEPOSIT PARKERSON, BRANDON 2,054.79 412486 09/13/2024 DIRECT DEPOSIT PARRIS, RYAN 1,946.00 412487 09/13/2024 DIRECT DEPOSIT PATTERSON, RYAN 2,629.28 412488 09/13/2024 DIRECT DEPOSIT PEDONTI, ZACHARY 1,977.59 412489 09/13/2024 DIRECT DEPOSIT PENA, ADAN 2,647.57 412490 09/13/2024 DIRECT DEPOSIT PENA, JONATHAN 1,669.53 412491 09/13/2024 DIRECT DEPOSIT PEREZ, ALEXANDER 1,915.86 412492 09/13/2024 DIRECT DEPOSIT PERRY, SEAN 1,976.49 412493 09/13/2024 DIRECT DEPOSIT PHAN, BRANDON 2,075.21 412494 09/13/2024 DIRECT DEPOSIT PLOURDE, HUNTER 2,817.17 412495 09/13/2024 DIRECT DEPOSIT POLLY, DONNIE 1,755.80 412496 09/13/2024 DIRECT DEPOSIT PORTER, TODD 672.47 412496 09/13/2024 DIRECT DEPOSIT PORTER, TODD 2,017.39 412497 09/13/2024 DIRECT DEPOSIT POWELL, STEVEN 2,496.65 412498 09/13/2024 DIRECT DEPOSIT PRESSLEY, JASON 2,475.08 412499 09/13/2024 DIRECT DEPOSIT QUIGLEY, BRENNAN 2,736.73 412500 09/13/2024 DIRECT DEPOSIT RAMIREZ,SELENA 2,086.29 412501 09/13/2024 DIRECT DEPOSIT RAMSEY, RYAN 1,547.97 412502 09/13/2024 DIRECT DEPOSIT RATTRAY, APRIL 3,794.53 412503 09/13/2024 DIRECT DEPOSIT RATTRAY, DAVID 3,731.82 412504 09/13/2024 DIRECT DEPOSIT RAULERSON, JAMESON 3,263.55 412505 09/13/2024 DIRECT DEPOSIT REARDON, JONATHAN 2,829.27 412506 09/13/2024 DIRECT DEPOSIT REY, DANIEL 1,786.37 412507 09/13/2024 DIRECT DEPOSIT REYES, LUIS 1,863.50 412508 09/13/2024 DIRECT DEPOSIT RICHARDS, BRADLEY 2,790.58 412509 09/13/2024 DIRECT DEPOSIT RICHTER, JOSEPH 4,102.59 412510 09/13/2024 DIRECT DEPOSIT RIVAS, ROBERT 2,839.39 412511 09/13/2024 DIRECT DEPOSIT ROBERTS, BRYAN 2,253.93 412512 09/13/2024 DIRECT DEPOSIT ROBERTSON, ZACHARY 2,098.05 412513 09/13/2024 DIRECT DEPOSIT ROBINSON,JORDAN 1,969.93 412514 09/13/2024 DIRECT DEPOSIT ROBINSON, MARCUS 3,102.18 412515 09/13/2024 DIRECT DEPOSIT RODRIGUEZ,JATNIEL 2,062.78 412516 09/13/2024 DIRECT DEPOSIT ROTH, NICOLE 1,354.35 412517 09/13/2024 DIRECT DEPOSIT RUFF, CODY 2,511.74 412518 09/13/2024 DIRECT DEPOSIT RULE, MICHAEL 3,021.41 412519 09/13/2024 DIRECT DEPOSIT RUSSELL, DEREK 2,280.58 412520 09/13/2024 DIRECT DEPOSIT SALMON,JOHN 1,778.99 412521 09/13/2024 DIRECT DEPOSIT SANSONE, MICHAEL 2,970.59 412522 09/13/2024 DIRECT DEPOSIT SANTIAGO, JOSHUA 2,288.45 412523 09/13/2024 DIRECT DEPOSIT SAPP, JULIA 2,294.66 412524 09/13/2024 DIRECT DEPOSIT SCHAUMAN, ADAM 2,876.92 16 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412525 09/13/2024 DIRECT DEPOSIT SCHILLING, THOMAS 4,175.57 412526 09/13/2024 DIRECT DEPOSIT SCHLOESSER, STEVEN 2,529.58 412527 09/13/2024 DIRECT DEPOSIT SELLERS, ANDREW 2,184.76 412528 09/13/2024 DIRECT DEPOSIT SHIELDS, WILLIAM 3,361.85 412529 09/13/2024 DIRECT DEPOSIT SHULTS, DEREK 1,923.72 412530 09/13/2024 DIRECT DEPOSIT SIMONS, BRADLEY 150.00 412530 09/13/2024 DIRECT DEPOSIT SIMONS, BRADLEY 2,266.46 412531 09/13/2024 DIRECT DEPOSIT SIMS, CHRISTINA 2,033.52 412532 09/13/2024 DIRECT DEPOSIT SINAGRA, MARC 2,218.27 412533 09/13/2024 DIRECT DEPOSIT SKOK, ROBERT 2,335.07 412534 09/13/2024 DIRECT DEPOSIT SLACK, JOSEPH 2,039.45 412535 09/13/2024 DIRECT DEPOSIT SMITH, BRYANT 1,605.32 412536 09/13/2024 DIRECT DEPOSIT SMITH, JARED 2,844.37 412537 09/13/2024 DIRECT DEPOSIT SMITH, KAREN 2,193.91 412538 09/13/2024 DIRECT DEPOSIT SMITH, MICHAEL 1,784.90 412539 09/13/2024 DIRECT DEPOSIT SMITH, STEPHEN 2,467.59 412540 09/13/2024 DIRECT DEPOSIT SPARKMAN, CODY 2,443.91 412541 09/13/2024 DIRECT DEPOSIT SPRENGER, CONSTANT 2,028.06 412542 09/13/2024 DIRECT DEPOSIT SPRINGER, MORRIS 2,713.95 412543 09/13/2024 DIRECT DEPOSIT STAMM, JESSICA 1,877.07 412544 09/13/2024 DIRECT DEPOSIT STANFORD, BRIAN 1,860.96 412545 09/13/2024 DIRECT DEPOSIT STEELE, JOSHUA 2,207.17 412546 09/13/2024 DIRECT DEPOSIT STENGER, ANDREW 5,028.96 412547 09/13/2024 DIRECT DEPOSIT STEPHENS, TRAVIS 2,236.10 412548 09/13/2024 DIRECT DEPOSIT STEPHENS, ZACHARIA 2,509.88 412549 09/13/2024 DIRECT DEPOSIT STOTT, JESSICA 1,718.32 412550 09/13/2024 DIRECT DEPOSIT STURTEVANT, MARC 3,327.84 412551 09/13/2024 DIRECT DEPOSIT SWEATT, CODY 2,346.36 412552 09/13/2024 DIRECT DEPOSIT THOMPSON, CLINTON 1,744.94 412553 09/13/2024 DIRECT DEPOSIT THOMPSON, GRIFFIN 1,992.22 412554 09/13/2024 DIRECT DEPOSIT THOMPSON, ROBERT 2,341.45 412555 09/13/2024 DIRECT DEPOSIT THOMPSON, RUSSELL 3,199.06 412556 09/13/2024 DIRECT DEPOSIT TIERNEY, PATRICK 2,229.08 412557 09/13/2024 DIRECT DEPOSIT TOBIN, JUSTIN 2,682.17 412558 09/13/2024 DIRECT DEPOSIT TRENT, CHRISTOPHER 3,323.47 412559 09/13/2024 DIRECT DEPOSIT TROSKA, HUNTER 3,305.97 412560 09/13/2024 DIRECT DEPOSIT TURPIN, JENA 2,027.93 412561 09/13/2024 DIRECT DEPOSIT URSULEAN, FLORIN 2,371.51 412562 09/13/2024 DIRECT DEPOSIT URSULEAN, ZACHARY 1,640.07 412563 09/13/2024 DIRECT DEPOSIT USHER, ADAM 2,393.25 412564 09/13/2024 DIRECT DEPOSIT VELIE, ANTHONY 2,686.69 412565 09/13/2024 DIRECT DEPOSIT WAGNER, BRANDON 2,388.25 412566 09/13/2024 DIRECT DEPOSIT WALKER, RODERICK 1,SSO.26 412567 09/13/2024 DIRECT DEPOSIT WALKER, TYLER 2,025.88 412568 09/13/2024 DIRECT DEPOSIT WALLACE, JEREMY 2,494.50 412569 09/13/2024 DIRECT DEPOSIT WALLS, JOSEPH 2,822.17 412570 09/13/2024 DIRECT DEPOSIT WATKINS, BENJAMIN 2,309.52 412571 09/13/2024 DIRECT DEPOSIT WATTS, MEAGAN 2,095.32 412572 09/13/2024 DIRECT DEPOSIT WEAVER, TYLER 2,143.85 412573 09/13/2024 DIRECT DEPOSIT WELLS, MICHAEL 2,477.82 412574 09/13/2024 DIRECT DEPOSIT WELTER, JOSHUA 2,712.47 412575 09/13/2024 DIRECT DEPOSIT WENZEL, JACOB 1,763.59 412576 09/13/2024 DIRECT DEPOSIT WEST, RILEY 1,209.15 412576 09/13/2024 DIRECT DEPOSIT WEST, RILEY 518.21 412577 09/13/2024 DIRECT DEPOSIT WEST, ROSE 986.92 412578 09/13/2024 DIRECT DEPOSIT WESTERMAN, JAMES 2,505.33 412579 09/13/2024 DIRECT DEPOSIT WHITE, KEVIN 2,903.13 412580 09/13/2024 DIRECT DEPOSIT WILLMOT, WILLIAM 4,217.81 412581 09/13/2024 DIRECT DEPOSIT WILSNACK, ALEXANDER 2,518.21 412582 09/13/2024 DIRECT DEPOSIT WILSON, NEIL 2,847.92 412583 09/13/2024 DIRECT DEPOSIT WOODWARD, EDWARD 870.54 412584 09/13/2024 DIRECT DEPOSIT ZAVALA, ADRIAN 1,770.01 412585 09/13/2024 DIRECT DEPOSIT ZEDEK, STAGY 2,625.48 412586 09/13/2024 DIRECT DEPOSIT PACHECO-NOEL, MARCELA 2,046.94 412587 09/13/2024 DIRECT DEPOSIT BRADLEY, DANIEL 1,361.49 412588 09/13/2024 DIRECT DEPOSIT RACKARD, KAREN 2,151.88 17 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412589 09/13/2024 DIRECT DEPOSIT BERGMAN, QUINTIN 1,982.10 412590 09/13/2024 DIRECT DEPOSIT STUCZYNSKI, JESSICA 1,811.14 412591 09/13/2024 DIRECT DEPOSIT VANGEISON, DUSTIN 1,894.03 412592 09/13/2024 DIRECT DEPOSIT APPLEGATE, JAMES 138.74 412593 09/13/2024 DIRECT DEPOSIT BENSON, SHAWN 686.65 412594 09/13/2024 DIRECT DEPOSIT BOWLER, NANCY 50.00 412594 09/13/2024 DIRECT DEPOSIT BOWLER, NANCY 1,221.72 412595 09/13/2024 DIRECT DEPOSIT COX, BRANDON 1,142.99 412596 09/13/2024 DIRECT DEPOSIT DUNHAM, TREVOR 562.88 412597 09/13/2024 DIRECT DEPOSIT HALLOWELL, MICHAEL 695.42 412598 09/13/2024 DIRECT DEPOSIT HEFFNER, KEITH 785.39 412599 09/13/2024 DIRECT DEPOSIT MALDONADO, ELI 675.64 412600 09/13/2024 DIRECT DEPOSIT RAMMEL, LORELEI 699.01 412601 09/13/2024 DIRECT DEPOSIT SELDES,JERROLD 2,486.35 412602 09/13/2024 DIRECT DEPOSIT SIRILLA, JOSEPH 738.98 412603 09/13/2024 DIRECT DEPOSIT SMITH, MICHAEL 726.43 412604 09/13/2024 DIRECT DEPOSIT TALARICO, FRANK 502.10 412605 09/13/2024 DIRECT DEPOSIT VACCARO, MICHAEL 683.29 412606 09/13/2024 DIRECT DEPOSIT WHITE,JOSEPH 1,683.84 412607 09/13/2024 DIRECT DEPOSIT BUNT, NANCY 4,604.31 412608 09/13/2024 DIRECT DEPOSIT COPELAND, KATHY 2,538.30 412609 09/13/2024 DIRECT DEPOSIT COURNOYER, CHRISTINA 500.00 412609 09/13/2024 DIRECT DEPOSIT COURNOYER, CHRISTINA 1,530.57 412610 09/13/2024 DIRECT DEPOSIT TITKANICH, JOHN 5,015.79 412610 09/13/2024 DIRECT DEPOSIT TITKANICH, JOHN 1,000.00 412611 09/13/2024 DIRECT DEPOSIT VOTZI, SHEILA 300.00 412611 09/13/2024 DIRECT DEPOSIT VOTZI, SHEILA 250.00 412611 09/13/2024 DIRECT DEPOSIT VOTZI, SHEILA 50.00 412611 09/13/2024 DIRECT DEPOSIT VOTZI, SHEILA 1,142.52 412612 09/13/2024 DIRECT DEPOSIT EMERSON, CYNTHIA 4,292.98 412613 09/13/2024 DIRECT DEPOSIT MILLER, MAYA 536.00 412613 09/13/2024 DIRECT DEPOSIT MILLER, MAYA 20.00 412613 09/13/2024 DIRECT DEPOSIT MILLER, MAYA 1,006.55 412613 09/13/2024 DIRECT DEPOSIT MILLER, MAYA 150.00 412614 09/13/2024 DIRECT DEPOSIT ZITO, MICHAEL 4,662.57 412615 09/13/2024 DIRECT DEPOSIT BOYLL, SUZANNE 3,745.46 412616 09/13/2024 DIRECT DEPOSIT FAULKNER,STACY 150.00 412616 09/13/2024 DIRECT DEPOSIT FAULKNER, STACY 1,935.91 412617 09/13/2024 DIRECT DEPOSIT HILL, CHEVY 1,300.00 412617 09/13/2024 DIRECT DEPOSIT HILL, CHEVY 100.00 412618 09/13/2024 DIRECT DEPOSIT KING, MICHAEL 2,011.27 412619 09/13/2024 DIRECT DEPOSIT MONTEROSSO, JORDAN 1,500.40 412619 09/13/2024 DIRECT DEPOSIT MONTEROSSO, JORDAN 100.00 412620 09/13/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 625.00 412620 09/13/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 400.00 412620 09/13/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 912.27 412621 09/13/2024 DIRECT DEPOSIT O'SULLIVAN, SHEILA 200.00 412621 09/13/2024 DIRECT DEPOSIT O'SULLIVAN, SHEILA 1,788.83 412622 09/13/2024 DIRECT DEPOSIT CHAREST, KATHERINE 2,241.91 412623 09/13/2024 DIRECT DEPOSIT FREEMAN, BRIAN 3,311.83 412624 09/13/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 25.00 412624 09/13/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 100.00 412624 09/13/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 275.00 412624 09/13/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 877.89 412624 09/13/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 40.00 412625 09/13/2024 DIRECT DEPOSIT MANN,JAMES 2,041.83 412626 09/13/2024 DIRECT DEPOSIT BALTER, CHRISTOPHER 2,635.68 412627 09/13/2024 DIRECT DEPOSIT CREAGAN, BRANDON 2,555.55 412628 09/13/2024 DIRECT DEPOSIT HILL, MICHAEL 1,988.56 412629 09/13/2024 DIRECT DEPOSIT JOHNSTON, VICKIE 1,636.54 412630 09/13/2024 DIRECT DEPOSIT KLERLEIN,LEISA 1,208.86 412631 09/13/2024 DIRECT DEPOSIT MCLENDON, SCHUME17A 1,979.36 412632 09/13/2024 DIRECT DEPOSIT MURPHY, PATRICK 2,591.13 412633 09/13/2024 DIRECT DEPOSIT OTTOSON, CARRIE 1,215.70 412634 09/13/2024 DIRECT DEPOSIT RAYNOR, DALLAS 1,352.14 412635 09/13/2024 DIRECT DEPOSIT SWEENEY, RYAN 200.00 18 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412635 09/13/2024 DIRECT DEPOSIT SWEENEY, RYAN 2,949.77 412635 09/13/2024 DIRECT DEPOSIT SWEENEY, RYAN 200.00 412636 09/13/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 324.92 412636 09/13/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 658.00 412636 09/13/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 1,500.00 412637 09/13/2024 DIRECT DEPOSIT TOOF, NICOLE 1,109.54 412638 09/13/2024 DIRECT DEPOSIT WOODY, LOGAN 1,135.04 412639 09/13/2024 DIRECT DEPOSIT ARNDT, MELISSA 1,899.12 412640 09/13/2024 DIRECT DEPOSIT AUTON, MICHELLE 1,559.01 412641 09/13/2024 DIRECT DEPOSIT BIRHANZL, JOHN 530.38 412642 09/13/2024 DIRECT DEPOSIT CLAUSS, PATRICIA 707.06 412643 09/13/2024 DIRECT DEPOSIT GINES, BARBARA 751.35 412644 09/13/2024 DIRECT DEPOSIT HENRY, CARR[ 1,043.73 412645 09/13/2024 DIRECT DEPOSIT BUCK, KELLY 2,302.65 412646 09/13/2024 DIRECT DEPOSIT CARTER SOLOMON, VANESSA 165.00 412646 09/13/2024 DIRECT DEPOSIT CARTER SOLOMON, VANESSA 1,985.70 412647 09/13/2024 DIRECT DEPOSIT DRISKELL, DAPHNE 1,534.55 412648 09/13/2024 DIRECT DEPOSIT GIL, AMARIS 1,150.35 412649 09/13/2024 DIRECT DEPOSIT TAYLOR JOHNSON, TRICIA 1,067.51 412649 09/13/2024 DIRECT DEPOSIT TAYLOR JOHNSON, TRICIA 501.00 412650 09/13/2024 DIRECT DEPOSIT VAUGHT, DUSTIN 1,794.63 412651 09/13/2024 DIRECT DEPOSIT CARROLL, SHAWNA 1,326.69 412652 09/13/2024 DIRECT DEPOSIT CASANO, ELIZABETH 247.42 412652 09/13/2024 DIRECT DEPOSIT CASANO, ELIZABETH 1,402.05 412653 09/13/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 1,000.00 412653 09/13/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 3,742.80 412654 09/13/2024 DIRECT DEPOSIT JONES, DONALD 2,667.66 412655 09/13/2024 DIRECT DEPOSIT LLOYD, RYAN 3,422.02 412656 09/13/2024 DIRECT DEPOSIT MARINI, RICHARD 2,976.00 412657 09/13/2024 DIRECT DEPOSIT PRIDGEON, JENNIFER 1,741.66 412658 09/13/2024 DIRECT DEPOSIT REYES, ALICIA 1,615.35 412659 09/13/2024 DIRECT DEPOSIT REYES, ERIN 1,775.83 412660 09/13/2024 DIRECT DEPOSIT RICHARDS, DONNA 959.26 412661 09/13/2024 DIRECT DEPOSIT SMILOVICH, MICHAEL 2,212.94 412662 09/13/2024 DIRECT DEPOSIT WISHARD, SHARYNE 27.50 412662 09/13/2024 DIRECT DEPOSIT WISHARD, SHARYNE 20.00 412662 09/13/2024 DIRECT DEPOSIT WISHARD, SHARYNE 62.50 412662 09/13/2024 DIRECT DEPOSIT WISHARD, SHARYNE 1,263.75 412662 09/13/2024 DIRECT DEPOSIT WISHARD, SHARYNE 150.00 412663 09/13/2024 DIRECT DEPOSIT ARSENEAU, JASON 1,459.26 412664 09/13/2024 DIRECT DEPOSIT BARTEE, JAMES 1,460.89 412665 09/13/2024 DIRECT DEPOSIT BRISTOL, SAMUEL 1,066.13 412666 09/13/2024 DIRECT DEPOSIT BROWN, LOUIS 944.18 412667 09/13/2024 DIRECT DEPOSIT CASAS, RAY 1,081.87 412667 09/13/2024 DIRECT DEPOSIT CASAS, RAY 45.00 412668 09/13/2024 DIRECT DEPOSIT DEWSON, WILLIAM 1,060.74 412669 09/13/2024 DIRECT DEPOSIT DORNEY, RONALD 1,111.47 412670 09/13/2024 DIRECT DEPOSIT DUKE, JUSTIN 1,289.77 412671 09/13/2024 DIRECT DEPOSIT ELLI, ANTON 1,594.43 412672 09/13/2024 DIRECT DEPOSIT HISLE, IVAN 1,114.63 412673 09/13/2024 DIRECT DEPOSIT JASPER, RICARDO 1,525.16 412674 09/13/2024 DIRECT DEPOSIT JEFFERSON, LORENZO 1,874.26 412675 09/13/2024 DIRECT DEPOSIT KNAUER, HARVEY 1,623.87 412676 09/13/2024 DIRECT DEPOSIT LEWIS, RICCO 1,OD4.72 412677 09/13/2024 DIRECT DEPOSIT LUFT, MICHAEL 1,282.28 412678 09/13/2024 DIRECT DEPOSIT MIEHLE, DANIEL 1,518.15 412679 09/13/2024 DIRECT DEPOSIT MORGAN, MARQUIS 1,005.72 412680 09/13/2024 DIRECT DEPOSIT MOSLEY, IRA 1,213.76 412681 09/13/2024 DIRECT DEPOSIT NOEL, INOBERT 1,577.05 412682 09/13/2024 DIRECT DEPOSIT POWELL, ELIZABETH 50.00 412682 09/13/2024 DIRECT DEPOSIT POWELL, ELIZABETH 3,897.63 412683 09/13/2024 DIRECT DEPOSIT REED, JIMMY 1,214.31 412684 09/13/2024 DIRECT DEPOSIT REESE, PAUL 1,023.74 412685 09/13/2024 DIRECT DEPOSIT ROSECRANTS, PHILLIP 1,003.73 412686 09/13/2024 DIRECT DEPOSIT SHEDAKER, MICHAEL 1,010.49 412687 09/13/2024 DIRECT DEPOSIT SMITH, DOUGLAS 1,183.98 19 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412688 09/13/2024 DIRECT DEPOSIT SMITH, LORI 1,635.98 412689 09/13/2024 DIRECT DEPOSIT STAAR, MICHAEL 1,558.66 412690 09/13/2024 DIRECT DEPOSIT VENTO, JAMES 1,114.41 412691 09/13/2024 DIRECT DEPOSIT WHITE, RALPH 1,833.58 412692 09/13/2024 DIRECT DEPOSIT WOODS, DANIEL 1,363.76 412693 09/13/2024 DIRECT DEPOSIT YATES, WILLIAM 1,431.62 412694 09/13/2024 DIRECT DEPOSIT BENITO, LISSELOTTE 1,290.29 412694 09/13/2024 DIRECT DEPOSIT BENITO, LISSELOTTE 25.00 412695 09/13/2024 DIRECT DEPOSIT CATAPANO, ROBERT 1,823.46 412696 09/13/2024 DIRECT DEPOSIT KENDRICK, MEGAN 2,891.12 412697 09/13/2024 DIRECT DEPOSIT FLORIAN, YVONNE 1,274.06 412698 09/13/2024 DIRECT DEPOSIT LAZZARI ESTEVEZ, ANDREA 1,183.23 412699 09/13/2024 DIRECT DEPOSIT MORAN, MORGAN 675.02 412700 09/13/2024 DIRECT DEPOSIT MUNROE, LESLIE 125.00 412700 09/13/2024 DIRECT DEPOSIT MUNROE, LESLIE 919.76 412701 09/13/2024 DIRECT DEPOSIT AZZOLINI, DENNIS 1,574.04 412702 09/13/2024 DIRECT DEPOSIT BAKER, BENJAMIN 1,744.15 412703 09/13/2024 DIRECT DEPOSIT BALFE, RYAN 1,263.31 412704 09/13/2024 DIRECT DEPOSIT BELL, THOMAS 1,572.92 412705 09/13/2024 DIRECT DEPOSIT BERGINC, CHARLES 1,578.67 412706 09/13/2024 DIRECT DEPOSIT BESAW, BRIAN 1,235.50 412707 09/13/2024 DIRECT DEPOSIT BLUM, PHILIP 1,729.83 412708 09/13/2024 DIRECT DEPOSIT BURRELL, HARRY 1,226.38 412709 09/13/2024 DIRECT DEPOSIT CARDELL, BURKE 1,854.34 412710 09/13/2024 DIRECT DEPOSIT CONKLIN, DANIEL 1,383.74 412711 09/13/2024 DIRECT DEPOSIT COPPERSMITH, JOHN 1,722.72 412712 09/13/2024 DIRECT DEPOSIT CUNNINGHAM, TODD 1,465.13 412713 09/13/2024 DIRECT DEPOSIT CURRY, IRA 1,305.85 412714 09/13/2024 DIRECT DEPOSIT DRAWDY, PAULA 1,184.52 412715 09/13/2024 DIRECT DEPOSIT EDMOND, MAXIME 1,150.27 412716 09/13/2024 DIRECT DEPOSIT ELLIS, CHRISTIAN 245.77 412717 09/13/2024 DIRECT DEPOSIT FRAUX, RIDGE 1,213.09 412718 09/13/2024 DIRECT DEPOSIT G I LLETTE, TRAVIS 1,142.18 412719 09/13/2024 DIRECT DEPOSIT GUERTLER, KEVIN 1,857.70 412720 09/13/2024 DIRECT DEPOSIT HANSEN, SCOTT 1,255.04 412721 09/13/2024 DIRECT DEPOSIT HATFIELD, THOMAS 1,304.16 412722 09/13/2024 DIRECT DEPOSIT HAYES, CODY 1,669.86 412722 09/13/2024 DIRECT DEPOSIT HAYES, CODY 715.65 412723 09/13/2024 DIRECT DEPOSIT HAYNES, PAUL 1,252.06 412724 09/13/2024 DIRECT DEPOSIT HICKS, TROY 1,082.87 412725 09/13/2024 DIRECT DEPOSIT HILLS, JOHNATHAN 1,122.48 412726 09/13/2024 DIRECT DEPOSIT HUBLER, DARREL 1,996.11 412727 09/13/2024 DIRECT DEPOSIT KERSHAW, DAMON 1,205.15 412728 09/13/2024 DIRECT DEPOSIT LANCE, KENNETH 27.50 412728 09/13/2024 DIRECT DEPOSIT LANCE, KENNETH 400.00 412728 09/13/2024 DIRECT DEPOSIT LANCE, KENNETH 851.46 412728 09/13/2024 DIRECT DEPOSIT LANCE, KENNETH 135.00 412729 09/13/2024 DIRECT DEPOSIT LIGUORI, JAMES 1,669.46 412730 09/13/2024 DIRECT DEPOSIT MADDOX, BOBBY 1,085.56 412731 09/13/2024 DIRECT DEPOSIT MARX, AUSTIN 1,286.81 412732 09/13/2024 DIRECT DEPOSIT MATHESON, CHRISTOPHER 1,262.54 412733 09/13/2024 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 1,175.39 412733 09/13/2024 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 385.00 412734 09/13/2024 DIRECT DEPOSIT MEND, JULIANNE 763.63 412734 09/13/2024 DIRECT DEPOSIT MEND, JULIANNE 134.76 412735 09/13/2024 DIRECT DEPOSIT MILAS, BARBARA 1,476.70 412736 09/13/2024 DIRECT DEPOSIT MORSE, JEFFREY 1,844.33 412737 09/13/2024 DIRECT DEPOSIT NELSON, BRIAN 224.00 412737 09/13/2024 DIRECT DEPOSIT NELSON, BRIAN 1,428.88 412738 09/13/2024 DIRECT DEPOSIT COLEY, DANNY 2,482.15 412739 09/13/2024 DIRECT DEPOSIT PEABODY, BRENT 1,429.52 412740 09/13/2024 DIRECT DEPOSIT REDDIE, FITZROY 1,726.57 412741 09/13/2024 DIRECT DEPOSIT ROONEY, ROBERT 1,402.44 412742 09/13/2024 DIRECT DEPOSIT SEYMOUR, SETH 1,147.21 412743 09/13/2024 DIRECT DEPOSIT SHAPIRO, ROBERT 1,364.34 412744 09/13/2024 DIRECT DEPOSIT SLEEMAN, DENISE 2,051.89 20 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412745 09/13/2024 DIRECT DEPOSIT SOTO, EMERSON 1,658.60 412746 09/13/2024 DIRECT DEPOSIT STEPHENS,LAYNE 2,171.SS 412747 09/13/2024 DIRECT DEPOSIT STEPHENS, LAYNE 1,294.77 412748 09/13/2024 DIRECT DEPOSIT SUMMERFIELD, GEORGE 1,457.00 412749 09/13/2024 DIRECT DEPOSIT TARANTINO, MARK 1,296.88 412749 09/13/2024 DIRECT DEPOSIT TARANTINO, MARK 200.00 412750 09/13/2024 DIRECT DEPOSIT TRUSTY, JAMAR 1,542.90 412751 09/13/2024 DIRECT DEPOSIT TUCKER, MATTHEW 1,186.36 412752 09/13/2024 DIRECT DEPOSIT VOLGARINO, CARL 1,434.46 412753 09/13/2024 DIRECT DEPOSIT WARD, HERSHEL 1,833.46 412754 09/13/2024 DIRECT DEPOSIT WILLIAMS, CHARLES 1,162.47 412755 09/13/2024 DIRECT DEPOSIT WILSON, WILLIAM 1,864.14 412756 09/13/2024 DIRECT DEPOSIT YOUNG, PARK 1,192.14 412757 09/13/2024 DIRECT DEPOSIT LINGWOOD,ASHLEY 2,196.45 412758 09/13/2024 DIRECT DEPOSIT SWINDELL, WENDY 2,213.29 412759 09/13/2024 DIRECT DEPOSIT TAYLOR,IOSEPH 1,260.69 412760 09/13/2024 DIRECT DEPOSIT BALL, SHELBY 1,444.06 412761 09/13/2024 DIRECT DEPOSIT HYDE, JENNIFER 2,544.18 412762 09/13/2024 DIRECT DEPOSIT LYSTLUND, DIANE 1,920.52 412763 09/13/2024 DIRECT DEPOSIT ALLEN, NANCY 1,634.86 412764 09/13/2024 DIRECT DEPOSIT BESANCON, LAURIE 1,625.92 412765 09/13/2024 DIRECT DEPOSIT HARRINGTON, LISA 1,233.25 412766 09/13/2024 DIRECT DEPOSIT JACKSON, SHAQUALIA 1,498.42 412767 09/13/2024 DIRECT DEPOSIT JONES, RONALD 2,989.76 412768 09/13/2024 DIRECT DEPOSIT LEMONS, VALERIE 1,650.22 412769 09/13/2024 DIRECT DEPOSIT MEHTA, HIMANSHU 1,600.00 412769 09/13/2024 DIRECT DEPOSIT MEHTA, HIMANSHU 2,060.28 412770 09/13/2024 DIRECT DEPOSIT MENDEZ, MARISOL 1,233.25 412771 09/13/2024 DIRECT DEPOSIT PERSON, ANTOWAIN 1,541.15 412772 09/13/2024 DIRECT DEPOSIT STREETER, VONNIE 1,657.65 412773 09/13/2024 DIRECT DEPOSIT CASALINA, NICHOLAS 250.00 412773 09/13/2024 DIRECT DEPOSIT CASALINA, NICHOLAS 2,438.10 412774 09/13/2024 DIRECT DEPOSIT CHURCH, MICHAEL 2,033.42 412775 09/13/2024 DIRECT DEPOSIT EVERHART, COLBY 1,178.12 412776 09/13/2024 DIRECT DEPOSIT EVERHART, MARK STEVE 2,941.85 412777 09/13/2024 DIRECT DEPOSIT GARRETT, KEITH 85.00 412777 09/13/2024 DIRECT DEPOSIT GARRETT, KEITH 1,954.56 412778 09/13/2024 DIRECT DEPOSIT GEE, DAVID 2,882.69 412779 09/13/2024 DIRECT DEPOSIT GOLD, JASON 1,756.31 412780 09/13/2024 DIRECT DEPOSIT HAINES, ROBERT 1,531.87 412781 09/13/2024 DIRECT DEPOSIT LIST, TERRY 2,423.77 412782 09/13/2024 DIRECT DEPOSIT LOVEDAY, MICHAEL 2,581.73 412783 09/13/2024 DIRECT DEPOSIT MATHIS, JEFF 1,788.88 412784 09/13/2024 DIRECT DEPOSIT MESSER, CHARLES 150.00 412784 09/13/2024 DIRECT DEPOSIT MESSER, CHARLES 2,632.75 412785 09/13/2024 DIRECT DEPOSIT PARILLO, TRAVIS 1,667.96 412786 09/13/2024 DIRECT DEPOSIT PATTESON, SCOTT 615.52 412786 09/13/2024 DIRECT DEPOSIT PATTESON, SCOTT 750.00 412787 09/13/2024 DIRECT DEPOSIT SMITH, LEVI 1,619.28 412788 09/13/2024 DIRECT DEPOSIT STEFFEN, KURT 255.00 412788 09/13/2024 DIRECT DEPOSIT STEFFEN, KURT 2,280.85 412789 09/13/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 45.03 412789 09/13/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 2,206.56 412790 09/13/2024 DIRECT DEPOSIT BAKER, RAYMOND 20.00 412790 09/13/2024 DIRECT DEPOSIT BAKER, RAYMOND 10.00 412790 09/13/2024 DIRECT DEPOSIT BAKER, RAYMOND 2,267.57 412790 09/13/2024 DIRECT DEPOSIT BAKER, RAYMOND 250.00 412791 09/13/2024 DIRECT DEPOSIT BEARDSLEY, JOHN 1,539.41 412792 09/13/2024 DIRECT DEPOSIT BISHOP, DANIEL 151.82 412792 09/13/2024 DIRECT DEPOSIT BISHOP, DANIEL 1,366.35 412793 09/13/2024 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 125.00 412793 09/13/2024 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 2,191.60 412794 09/13/2024 DIRECT DEPOSIT CORBETT, BRETT 1,361.51 412795 09/13/2024 DIRECT DEPOSIT CROSBY, WILLIAM 2,062.10 412796 09/13/2024 DIRECT DEPOSIT D'ANGELO, COLLEEN 2,758.52 412797 09/13/2024 DIRECT DEPOSIT DAILEY, LAWRENCE 2,379.21 21 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412798 09/13/2024 DIRECT DEPOSIT FLOOD, DOUGLAS 420.60 412798 09/13/2024 DIRECT DEPOSIT FLOOD, DOUGLAS 1,682.39 412799 09/13/2024 DIRECT DEPOSIT FONVIELLE, JARED 2,500.74 412800 09/13/2024 DIRECT DEPOSIT LIBERUS, LEON 1,872.62 412800 09/13/2024 DIRECT DEPOSIT LIBERUS, LEON 700.00 412801 09/13/2024 DIRECT DEPOSIT O'CONNELL, TIMOTHY 2,742.00 412802 09/13/2024 DIRECT DEPOSIT QUINLIVAN, STEVEN 1,964.83 412803 09/13/2024 DIRECT DEPOSIT SCHOONMAKER, JOHN 2,265.64 412804 09/13/2024 DIRECT DEPOSIT TAPPEN, AARON 1,781.94 412805 09/13/2024 DIRECT DEPOSIT THIELE, MICHAEL 668.53 412805 09/13/2024 DIRECT DEPOSIT THIELE, MICHAEL 2,674.13 412806 09/13/2024 DIRECT DEPOSIT VERNON, MICHAEL 2,349.88 412807 09/13/2024 DIRECT DEPOSIT WALLACE, ALEXANDER 2,097.40 412808 09/13/2024 DIRECT DEPOSIT WHITEHEAD, ROBERT 1,973.24 412809 09/13/2024 DIRECT DEPOSIT BARRETT, SHANE 1,487.41 412810 09/13/2024 DIRECT DEPOSIT BELCHER, WILLIAM 2,538.82 412811 09/13/2024 DIRECT DEPOSIT DEAN, MICHELLE 1,361.13 412812 09/13/2024 DIRECT DEPOSIT DELAPAZ,NORBERTO 1,204.27 412813 09/13/2024 DIRECT DEPOSIT EVANS, TONY 1,236.55 412814 09/13/2024 DIRECT DEPOSIT GLENTON, JOHN 400.00 412814 09/13/2024 DIRECT DEPOSIT GLENTON, JOHN 1,344.93 412815 09/13/2024 DIRECT DEPOSIT HARRINGTON, RICHARD 1,180.99 412816 09/13/2024 DIRECT DEPOSIT HIBBARD, TOBY 1,440.97 412817 09/13/2024 DIRECT DEPOSIT KEMP, HAROLD 350.00 412817 09/13/2024 DIRECT DEPOSIT KEMP, HAROLD 2,344.05 412818 09/13/2024 DIRECT DEPOSIT LAMPKIN, TORYANA 1,315.19 412819 09/13/2024 DIRECT DEPOSIT LAWSON, ANDREW 2,817.46 412820 09/13/2024 DIRECT DEPOSIT LYNCH, MARKEI 1,444.96 412821 09/13/2024 DIRECT DEPOSIT MORGAN,JESSE 1,310.08 412822 09/13/2024 DIRECT DEPOSIT SIMCHICK, EDWARD 2,163.06 412823 09/13/2024 DIRECT DEPOSIT SMITH, DEWAYNE 1,350.41 412824 09/13/2024 DIRECT DEPOSIT WASHBURN, DAVID 1,259.31 412825 09/13/2024 DIRECT DEPOSIT WILES, GARY 50.00 412825 09/13/2024 DIRECT DEPOSIT WILES, GARY 1,487.69 412826 09/13/2024 DIRECT DEPOSIT YARUSINSKY, SEAN 1,625.85 412827 09/13/2024 DIRECT DEPOSIT ZANCA, LEONARD 1,474.69 412828 09/13/2024 DIRECT DEPOSIT BUSH,STACEY 1,808.74 412829 09/13/2024 DIRECT DEPOSIT CARDENAS, YAIMA 1,042.50 412830 09/13/2024 DIRECT DEPOSIT MARTINEZ, SYBIA 1,114.36 412831 09/13/2024 DIRECT DEPOSIT PLOURDE, GILTON 1,494.44 412832 09/13/2024 DIRECT DEPOSIT RAMOS, ANNA 1,381.99 412833 09/13/2024 DIRECT DEPOSIT ESTRADA POSADA, MARIANA 970.13 412834 09/13/2024 DIRECT DEPOSIT CHINYANGANYA,SIPHIKELELO 2,448.38 412835 09/13/2024 DIRECT DEPOSIT LAMBERT, BRIANA 647.10 412836 09/13/2024 DIRECT DEPOSIT VALENTIN, LEYLAND 1,182.00 412837 09/13/2024 DIRECT DEPOSIT BOMMARITO, RUTH 200.00 412837 09/13/2024 DIRECT DEPOSIT BOMMARITO, RUTH 2,425.41 412838 09/13/2024 DIRECT DEPOSIT DANIELS, KRISTIN 3,443.71 412838 09/13/2024 DIRECT DEPOSIT DANIELS, KRISTIN 1,000.00 412839 09/13/2024 DIRECT DEPOSIT KRISS, ELISE 2,526.65 412840 09/13/2024 DIRECT DEPOSIT ZIRKLE, RHONDA 1,356.41 412841 09/}3/2024 DIRECT DEPOSIT CHAREST, ERIC 70.00 412841 09/13/2024 DIRECT DEPOSIT CHAREST, ERIC 3,142.45 412842 09/13/2024 DIRECT DEPOSIT DRAWDY GLASS, SIDNEY 1,807.35 412843 09/13/2024 DIRECT DEPOSIT GUERRA,REBECA 2,973.90 412844 09/13/2024 DIRECT DEPOSIT HITT, STEVEN 1,671.31 412845 09/13/2024 DIRECT DEPOSIT PAYAN,EDGAR 448.35 412845 09/13/2024 DIRECT DEPOSIT PAYAN,EDGAR 700.00 412846 09/13/2024 DIRECT DEPOSIT YANCHULA, KYLIE 3,681.62 412847 09/13/2024 DIRECT DEPOSIT ADAMS, AYESHA 1,238.25 412848 09/13/2024 DIRECT DEPOSIT CARBONELL, GUILLERMO 4,028.12 412849 09/13/2024 DIRECT DEPOSIT CARD, TABITHA 1,181.44 412849 09/13/2024 DIRECT DEPOSIT CARD, TABITHA 62.18 412850 09/13/2024 DIRECT DEPOSIT CHECCHI, DAVID 1,976.36 412851 09/13/2024 DIRECT DEPOSIT CHEER, WILLIAM 2,619.83 412852 09/13/2024 DIRECT DEPOSIT CLAYBURN, GRAHAM 3,627.00 22 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412853 09/13/2024 DIRECT DEPOSIT CLEMENTS, COLBY 1,964.91 412854 09/13/2024 DIRECT DEPOSIT COLLINS, MICHAEL 1,556.98 412855 09/13/2024 DIRECT DEPOSIT DENNIS, PETER 1,789.74 412856 09/13/2024 DIRECT DEPOSIT DERBY, NATHAN 1,861.89 412857 09/13/2024 DIRECT DEPOSIT DOUTRICH, MICHAEL 4,087.77 412858 09/13/2024 DIRECT DEPOSIT DUNKERLEY, RICK 1,492.92 412859 09/13/2024 DIRECT DEPOSIT GILBERT, KELLY 2,182.84 412860 09/13/2024 DIRECT DEPOSIT GLOWACKI,ANDREW 1,656.84 412861 09/13/2024 DIRECT DEPOSIT GREGORY, JULIE 1,507.86 412862 09/13/2024 DIRECT DEPOSIT GUTHRIE, ASHLEY 1,304.98 412863 09/13/2024 DIRECT DEPOSIT HEATH, BRIANNA 940.16 412863 09/13/2024 DIRECT DEPOSIT HEATH, BRIANNA 50.00 412864 09/13/2024 DIRECT DEPOSIT HEFFNER, SCOTT 2,815.90 412865 09/13/2024 DIRECT DEPOSIT INMAN, DANIEL 2,552.99 412866 09/13/2024 DIRECT DEPOSIT LUNDEEN, ERIKA 3,779.24 412867 09/13/2024 DIRECT DEPOSIT MARINO, APRIL 2,498.16 412868 09/13/2024 DIRECT DEPOSIT MCADAM, SCOTT 4,072.77 412869 09/13/2024 DIRECT DEPOSIT MCFARLAND, RODNEY 1,072.05 412870 09/13/2024 DIRECT DEPOSIT MORRIS, RUSSELL 2,469.08 412871 09/13/2024 DIRECT DEPOSIT MOSSMAN, RAYMOND 2,835.02 412872 09/13/2024 DIRECT DEPOSIT NEWMAN, KATHARINE 1,164.41 412873 09/13/2024 DIRECT DEPOSIT ORCEAN, KEYETTA 1,575.36 412874 09/13/2024 DIRECT DEPOSIT PEREZ, MARELYN 1,635.76 412875 09/13/2024 DIRECT DEPOSIT RAMOS, NICOLAS 2,348.94 412876 09/13/2024 DIRECT DEPOSIT REEVES, CANDICE 1,874.08 412877 09/13/2024 DIRECT DEPOSIT SHAW, EVA 1,227.84 412878 09/13/2024 DIRECT DEPOSIT SHOFF, TODD 2,372.10 412879 09/13/2024 DIRECT DEPOSIT SMITH, ROBERT 2,508.61 412880 09/13/2024 DIRECT DEPOSIT VALENCIA, ALBA 2,804.05 412881 09/13/2024 DIRECT DEPOSIT ACKISON, NICHOLAS 1,716.55 412882 09/13/2024 DIRECT DEPOSIT ALEXANDER, HEATHER 1,187.36 412883 09/13/2024 DIRECT DEPOSIT BEAVERS, BRYAN 2,616.30 412884 09/13/2024 DIRECT DEPOSIT BERTON, SOLOMON 1,584.03 412885 09/13/2024 DIRECT DEPOSIT CARPENTER, PATRIC 1,700.48 412886 09/13/2024 DIRECT DEPOSIT EDDINGER, RODNEY 2,058.81 412887 09/13/2024 DIRECT DEPOSIT GORE, EDWIN 1,415.64 412888 09/13/2024 DIRECT DEPOSIT HANSEN,SUZI 200.00 412888 09/13/2024 DIRECT DEPOSIT HANSEN,SUZI 200.00 412888 09/13/2024 DIRECT DEPOSIT HANSEN,SUZI 1,165.65 412889 09/13/2024 DIRECT DEPOSIT HAWKINS, NICHOLAS 2,483.16 412890 09/13/2024 DIRECT DEPOSIT LIESKE, SEAN 4,278.23 412891 09/13/2024 DIRECT DEPOSIT MECKES, RICHARD 3,238.77 412892 09/13/2024 DIRECT DEPOSIT RICHARDS, HOWARD 4,106.40 412893 09/13/2024 DIRECT DEPOSIT ROLAND, JESSE 1,917.47 412894 09/13/2024 DIRECT DEPOSIT SHATARA, JIHAD 2,524.99 412895 09/13/2024 DIRECT DEPOSIT SMITH, MICHAEL 1,982.40 412896 09/13/2024 DIRECT DEPOSIT TYRPAK, CHRISTINA 1,378.62 412897 09/13/2024 DIRECT DEPOSIT VEGA, JOSE 1,760.09 412898 09/13/2024 DIRECT DEPOSIT YOUNGBLOOD, HARRISON 3,344.71 412899 09/13/2024 DIRECT DEPOSIT BUERKEL, JAMES 810.58 412900 09/13/2024 DIRECT DEPOSIT BUNNELL, JEFFREY 445.11 412901 09/13/2024 DIRECT DEPOSIT CAPPUCCIO, PATRICIA 324.67 412902 09/13/2024 DIRECT DEPOSIT CARANI, MARCO 182.09 412903 09/13/2024 DIRECT DEPOSIT CARR, DONALD 339.83 412904 09/13/2024 DIRECT DEPOSIT CLARK, JONATHAN 1,393.33 412905 09/13/2024 DIRECT DEPOSIT CONROY, JAMES 588.55 412906 09/13/2024 DIRECT DEPOSIT DONOVAN, JAMES 302.90 412907 09/13/2024 DIRECT DEPOSIT EMERY, HENRY 494.52 412908 09/13/2024 DIRECT DEPOSIT GERACI, RICHARD 328.37 412909 09/13/2024 DIRECT DEPOSIT GOSSELIN, MARC 548.33 412910 09/13/2024 DIRECT DEPOSIT GRIGSBY, JAMES 579.55 412911 09/13/2024 DIRECT DEPOSIT HEDGECOCK, KENDALL 1,410.14 412912 09/13/2024 DIRECT DEPOSIT HOOT, CHARLES 541.85 412913 09/13/2024 DIRECT DEPOSIT KENNEDY, PATRICK 549.27 412914 09/13/2024 DIRECT DEPOSIT KLERLEIN, PAUL 1,123.88 412915 09/13/2024 DIRECT DEPOSIT MAHONEY, FRANCIS 698.45 23 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412916 09/13/2024 DIRECT DEPOSIT MAXFIELD, DONALD 336.24 412917 09/13/2024 DIRECT DEPOSIT MCMANUS, HERBERT 309.41 412918 09/13/2024 DIRECT DEPOSIT NAGY,BELA 3,220.08 412919 09/13/2024 DIRECT DEPOSIT NORRMAN, ROY 181.75 412920 09/13/2024 DIRECT DEPOSIT PINE, MARK 445.21 412921 09/13/2024 DIRECT DEPOSIT REGAN, JAMES 531.28 412922 09/13/2024 DIRECT DEPOSIT SMITH, DONALD 354.33 412923 09/13/2024 DIRECT DEPOSIT TOOF, BRIAN 676.71 412924 09/13/2024 DIRECT DEPOSIT TYNER, JAMES 460.94 412925 09/13/2024 DIRECT DEPOSIT WINDLAN, MATTHEW 574.37 412926 09/13/2024 DIRECT DEPOSIT KOZAC, MASON 1,783.43 412927 09/13/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 15.00 412927 09/13/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 2,170.94 412927 09/13/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 300.00 412928 09/13/2024 DIRECT DEPOSIT BETHEL, MICHAEL 1,619.76 412929 09/13/2024 DIRECT DEPOSIT DIETRICH, ERIC 1,774.62 412930 09/13/2024 DIRECT DEPOSIT DIXON, CRESHENA 2,078.06 412931 09/13/2024 DIRECT DEPOSIT GLASS, ZACHARY 1,610.28 412932 09/13/2024 DIRECT DEPOSIT HAMBERGER, DAREN 1,947.53 412933 09/13/2024 DIRECT DEPOSIT HEGI, PAULA 1,505.23 412934 09/13/2024 DIRECT DEPOSIT HISH, ANDREW 2,553.17 412935 09/13/2024 DIRECT DEPOSIT JOHNSON, SCOTT 2,694.76 412936 09/13/2024 DIRECT DEPOSIT MALDONADO, JASSON 1,669.93 412936 09/13/2024 DIRECT DEPOSIT MALDONADO, JASSON 170.00 412937 09/13/2024 DIRECT DEPOSIT MCGRADY, MICHAEL 1,746.43 412938 09/13/2024 DIRECT DEPOSIT MILLER, RACHEAL 537.53 412938 09/13/2024 DIRECT DEPOSIT MILLER, RACHEAL 1,900.00 412939 09/13/2024 DIRECT DEPOSIT PORTWOOD, ZACHARY 2,816.07 412940 09/13/2024 DIRECT DEPOSIT SCHULENBURG, KAI 1,268.56 412941 09/13/2024 DIRECT DEPOSIT TRUMBLE, JEREMY 1,620.37 412942 09/13/2024 DIRECT DEPOSIT VARGAS, JONATHAN 2,322.82 412943 09/13/2024 DIRECT DEPOSIT WILLIAMS, ADAM 2,154.63 412944 09/13/2024 DIRECT DEPOSIT BAKER, RANDY 1,871.28 412945 09/13/2024 DIRECT DEPOSIT DEMERS, ZACHARY 1,361.12 412946 09/13/2024 DIRECT DEPOSIT LEVER, EDWARD 1,540.12 412947 09/13/2024 DIRECT DEPOSIT MILLER, ROBERT LEO 1,812.01 412948 09/13/2024 DIRECT DEPOSIT REDMOND, LAWRENCE 1,244.63 412949 09/13/2024 DIRECT DEPOSIT STILLWAGGON, ROBERT 1,273.18 412950 09/13/2024 DIRECT DEPOSIT CLARK, LUANNE 40.00 412950 09/13/2024 DIRECT DEPOSIT CLARK, LUANNE 1,696.04 412951 09/13/2024 DIRECT DEPOSIT BOWDREN, MARIA 350.00 412951 09/13/2024 DIRECT DEPOSIT BOWDREN, MARIA 1,333.78 412952 09/13/2024 DIRECT DEPOSIT BREEN, KRISTEN 1,293.53 412953 09/13/2024 DIRECT DEPOSIT CUNDIFF, KARI 1,878.60 412954 09/13/2024 DIRECT DEPOSIT EANES, MICAH 1,570.76 412955 09/13/2024 DIRECT DEPOSIT GUYNN, ROBERT 1,947.35 412956 09/13/2024 DIRECT DEPOSIT HAMILTON, DUANE 1,929.64 412957 09/13/2024 DIRECT DEPOSIT HANSEN, KEVIN 1,700.62 412958 09/13/2024 DIRECT DEPOSIT HATALA,BROCK 1,968.79 412959 09/13/2024 DIRECT DEPOSIT HULLEN, DANIEL 2,444.29 412960 09/13/2024 DIRECT DEPOSIT INGLETT,REGINALD 2,007.68 412961 09/13/2024 DIRECT DEPOSIT KEITH, DONALD 1,733.97 412961 09/13/2024 DIRECT DEPOSIT KEITH, DONALD 350.00 412962 09/13/2024 DIRECT DEPOSIT LEIENDECKER,KIRSTIN 4,315.25 412963 09/13/2024 DIRECT DEPOSIT MASON, STACIE 1,487.78 412964 09/13/2024 DIRECT DEPOSIT MATHIS, RICHARD 550.00 412964 09/13/2024 DIRECT DEPOSIT MATHIS, RICHARD 1,372.85 412965 09/13/2024 DIRECT DEPOSIT WORE, JEREMY 1,274.74 412966 09/13/2024 DIRECT DEPOSIT MOWER, BRADLEY 1,532.44 412967 09/13/2024 DIRECT DEPOSIT REICHENBACH, RICHARD 2,651.94 412968 09/13/2024 DIRECT DEPOSIT RILEY, MARK 1,515.91 412969 09/13/2024 DIRECT DEPOSIT ROBERTSON, CRAIG 1,034.67 412970 09/13/2024 DIRECT DEPOSIT SABOT, DENISE 1,194.09 412971 09/13/2024 DIRECT DEPOSIT SCHRYVER, DAVID 3,700.48 412972 09/13/2024 DIRECT DEPOSIT SILON, DAVID 3,189.83 412973 09/13/2024 DIRECT DEPOSIT SKOK, ROBERT 2,696.70 24 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 412974 09/13/2024 DIRECT DEPOSIT SMITH, WENDY 2,596.43 412975 09/13/2024 DIRECT DEPOSIT SNYDER, CHELSEA 1,703.53 412976 09/13/2024 DIRECT DEPOSIT SOYKA, MATTHEW 3,263.29 412977 09/13/2024 DIRECT DEPOSIT STANTON, JOHN 1,604.89 412978 09/13/2024 DIRECT DEPOSIT STIFFEN, EDWARD 200.00 412978 09/13/2024 DIRECT DEPOSIT STIFFEN, EDWARD 50.00 412978 09/13/2024 DIRECT DEPOSIT STIFFEN, EDWARD 1,598.77 412979 09/13/2024 DIRECT DEPOSIT THOMPSON, STEVEN 1,119.35 412980 09/13/2024 DIRECT DEPOSIT WILLIAMS, JILL 42.57 412980 09/13/2024 DIRECT DEPOSIT WILLIAMS, JILL 2,085.94 412981 09/13/2024 DIRECT DEPOSIT WINSLOW, MARK 3,074.80 412982 09/13/2024 DIRECT DEPOSIT FLORES, CARLOS 3,255.22 412983 09/13/2024 DIRECT DEPOSIT HELTEMES, ADAM 2,914.02 412984 09/13/2024 DIRECT DEPOSIT BLUME, JEFFREY 1,507.65 412985 09/13/2024 DIRECT DEPOSIT BURGESS, TIMOTHY 2,316.60 412986 09/13/2024 DIRECT DEPOSIT CAIN, BRANDON 1,553.13 412987 09/13/2024 DIRECT DEPOSIT DEMOSTHENE, ARIEVE 2,540.87 412988 09/13/2024 DIRECT DEPOSIT EHRHARDT, SARAH 1,319.30 412989 09/13/2024 DIRECT DEPOSIT FERGUSON, ERIK 2,838.84 412990 09/13/2024 DIRECT DEPOSIT GUENTHER, KEVIN 1,884.00 412991 09/13/2024 DIRECT DEPOSIT HALE, DANIEL 800.00 412991 09/13/2024 DIRECT DEPOSIT HALE, DANIEL 1,003.SS 412992 09/13/2024 DIRECT DEPOSIT HOFFMAN, CHRISTOPHER 1,341.57 412993 09/13/2024 DIRECT DEPOSIT MARRONE, JOSEPH 95.64 412993 09/13/2024 DIRECT DEPOSIT MARRONE,JOSEPH 1,445.14 412994 09/13/2024 DIRECT DEPOSIT MICHAEL, ANDREW 600.00 412994 09/13/2024 DIRECT DEPOSIT MICHAEL, ANDREW 1,233.37 412995 09/13/2024 DIRECT DEPOSIT NIELSEN, RONALD 1,344.69 412996 09/13/2024 DIRECT DEPOSIT RATLIFF, JENNIFER 1,296.99 412997 09/13/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN 50.00 412997 09/13/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN 1,950.09 412998 09/13/2024 DIRECT DEPOSIT SUGDEN, CHRIS 450.00 412998 09/13/2024 DIRECT DEPOSIT SUGDEN, CHRIS 718.14 412999 09/13/2024 DIRECT DEPOSIT WHEATLEY, DAVID 991.34 412999 09/13/2024 DIRECT DEPOSIT WHEATLEY, DAVID 991.33 413000 09/13/2024 DIRECT DEPOSIT WHITTINGTON, MICHAEL 1,569.56 413001 09/13/2024 DIRECT DEPOSIT ZAYATZ, DAVID 1,195.37 413002 09/13/2024 DIRECT DEPOSIT LEY, JUDY 300.00 413002 09/13/2024 DIRECT DEPOSIT LEY, JUDY 1,211.94 413003 09/13/2024 DIRECT DEPOSIT STANTON, CYNTHIA 3,052.92 413004 09/13/2024 DIRECT DEPOSIT SECHEN, ANDREW 1,590.41 413005 09/13/2024 DIRECT DEPOSIT BOHANNON, FAITH 1,884.52 413006 09/13/2024 DIRECT DEPOSIT CONNELL, KYLE 1,132.70 413007 09/13/2024 DIRECT DEPOSIT DIXON, GERALD 2,097.44 413008 09/13/2024 DIRECT DEPOSIT HUMMEL, ERIC 2,020.85 413009 09/13/2024 DIRECT DEPOSIT LARAMIE, BRIANNA 1,254.57 413010 09/13/2024 DIRECT DEPOSIT MEAD, DERIC 1,905.24 413011 09/13/2024 DIRECT DEPOSIT OGILVIE, JASON 2,485.63 413012 09/13/2024 DIRECT DEPOSIT RIMES, BRIAN 1,814.00 413013 09/13/2024 DIRECT DEPOSIT WEST, JEFFREY 2,093.30 413014 09/13/2024 DIRECT DEPOSIT BARRETT, BRENDA 480.06 413015 09/13/2024 DIRECT DEPOSIT KELLEHER, LYNNE 1,028.04 413016 09/13/2024 DIRECT DEPOSIT LOBO, EDWINA 500.39 413017 09/13/2024 61RECTDEPOSIT BROWN,JILL 895.22 413018 09/13/2024 DIRECT DEPOSIT FLAK, SUSAN 1,838.92 413019 09/13/2024 DIRECT DEPOSIT ALEXA, MICHELE 1,904.07 413020 09/13/2024 DIRECT DEPOSIT BLAKE, SYDNEY 1,094.33 413021 09/13/2024 DIRECT DEPOSIT BROWN, JAMEKA 1,394.10 413022 09/13/2024 DIRECT DEPOSIT CHAMBERS, JASON 1,079.93 413023 09/13/2024 DIRECT DEPOSIT DEVITIS, CRISTI 1,253.03 413024 09/13/2024 DIRECT DEPOSIT FISHER, GEORGE 1,884.66 413025 09/13/2024 DIRECT DEPOSIT GAGNON, SHAWN 1,910.33 413026 09/13/2024 DIRECT DEPOSIT GIBSON, JAMES 100.00 413026 09/13/2024 DIRECT DEPOSIT GIBSON, JAMES 1,415.85 413027 09/13/2024 DIRECT DEPOSIT GILMER, THOMAS 1,430.07 413028 09/13/2024 DIRECT DEPOSIT GOMEZ MORENO, DIANA 250.00 G CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413028 09/13/2024 DIRECT DEPOSIT GOMEZ MORENO, DIANA 1,003.00 413029 09/13/2024 DIRECT DEPOSIT HERRON, LAURA 1,028.00 413030 09/13/2024 DIRECT DEPOSIT HOUSING, ERICA 1,454.06 413031 09/13/2024 DIRECT DEPOSIT HUDSON, ANDREA 1,094.77 413032 09/13/2024 DIRECT DEPOSIT JOHNSON, BENJAMIN 1,383.94 413033 09/13/2024 DIRECT DEPOSIT KNIEF, MARK 1,598.51 413034 09/13/2024 DIRECT DEPOSIT LLOYD, HEATHER 1,785.64 413035 09/13/2024 DIRECT DEPOSIT MACKEY, MISTY 1,162.75 413036 09/13/2024 DIRECT DEPOSIT MARTIN, ANGELA 1,175.66 413037 09/13/2024 DIRECT DEPOSIT MROTZ, LOUONNIE 1,139.25 413038 09/13/2024 DIRECT DEPOSIT NOVAK, TRISTAN 1,112.49 413039 09/13/2024 DIRECT DEPOSIT O'CONNOR, SHANNON 1,133.75 413040 09/13/2024 DIRECT DEPOSIT PATTON, LISA 2,072.18 413041 09/13/2024 DIRECT DEPOSIT PERGOLA, ANITA 1,371.74 413042 09/13/2024 DIRECT DEPOSIT QUINTERO, IVELISSE 1,156.85 413043 09/13/2024 DIRECT DEPOSIT ROBERTS, BRADLEY 1,624.17 413044 09/13/2024 DIRECT DEPOSIT SANTISO, DANIEL 323.82 413044 09/13/2024 DIRECT DEPOSIT SANTISO, DANIEL 1,300.00 413045 09/13/2024 DIRECT DEPOSIT SCHERF, CHARLENE 1,431.08 413046 09/13/2024 DIRECT DEPOSIT SCHRUM, MARYELLEN 1,310.61 413046 09/13/2024 DIRECT DEPOSIT SCHRUM, MARYELLEN 80.00 413047 09/13/2024 DIRECT DEPOSIT SMITH, SHELLIE 650.00 413047 09/13/2024 DIRECT DEPOSIT SMITH, SHELLIE 969.04 413048 09/13/2024 DIRECT DEPOSIT SOVINE, CARL 1,262.02 413049 09/13/2024 DIRECT DEPOSIT SPOFFORD, JANET 807.78 413050 09/13/2024 DIRECT DEPOSIT AUSTIN, KENNETH 1,609.17 413051 09/13/2024 DIRECT DEPOSIT BRADDY, MARTY 50.00 413051 09/13/2024 DIRECT DEPOSIT BRADDY, MARTY 1,917.79 413052 09/13/2024 DIRECT DEPOSIT COLVIN,THOMAS 2,150.70 413053 09/13/2024 DIRECT DEPOSIT COMPTON, THOMAS 1,044.15 413053 09/13/2024 DIRECT DEPOSIT COMPTON, THOMAS 116.02 413054 09/13/2024 DIRECT DEPOSIT DAWKINS, PHILLIP 1,406.38 413055 09/13/2024 DIRECT DEPOSIT DEPINHO, CHARLES 2,146.33 413056 09/13/2024 DIRECT DEPOSIT FLOOD, STEPHEN 1,981.97 413057 09/13/2024 DIRECT DEPOSIT FORBES, TENNYSON 2,231.99 413058 09/13/2024 DIRECT DEPOSIT FORMAN, SHANE 1,291.55 413059 09/13/2024 DIRECT DEPOSIT FRISBY, CHRISTOPHER 1,599.73 413060 09/13/2024 DIRECT DEPOSIT FULLER, STEVEN 2,191.13 413061 09/13/2024 DIRECT DEPOSIT JORDAN, SHAWN 2,439.67 413062 09/13/2024 DIRECT DEPOSIT KISSELBACK, JOSEPH 1,281.75 413063 09/13/2024 DIRECT DEPOSIT MCINTOSH, CHARLIE 1,450.01 413064 09/13/2024 DIRECT DEPOSIT SANTAMARIA, JEFFREY 1,560.47 413065 09/13/2024 DIRECT DEPOSIT SAWYER, CRAIG 95.12 413065 09/13/2024 DIRECT DEPOSIT SAWYER, CRAIG 1,947.75 413066 09/13/2024 DIRECT DEPOSIT STAMBAUGH, JOHNNY 300.00 413066 09/13/2024 DIRECT DEPOSIT STAMBAUGH, JOHNNY 1,564.91 413067 09/13/2024 DIRECT DEPOSIT WAGNER, DANIEL 1,708.15 413068 09/13/2024 DIRECT DEPOSIT WEBB, ROBERT 1,991.27 413069 09/13/2024 DIRECT DEPOSIT YOUNG, GERALD 800.00 413069 09/13/2024 DIRECT DEPOSIT YOUNG, GERALD 1,043.57 413070 09/13/2024 DIRECT DEPOSIT ACUNA, SHAYNE 1,583.14 413071 09/13/2024 DIRECT DEPOSIT ADRIANCE, TIMOTHY 1,842.64 413072 09/13/2024 DIRECT DEPOSIT BACON, VAN 1,618.27 413072 09/13/2024 DIRECT DEPOSIT BACON, VAN 346.77 413072 09/13/2024 DIRECT DEPOSIT BACON, VAN 346.77 413073 09/13/2024 DIRECT DEPOSIT BARDWELL,TIMONTRAYE 1,403.82 413074 09/13/2024 DIRECT DEPOSIT BESANCON, MARK 100.00 413074 09/13/2024 DIRECT DEPOSIT BESANCON, MARK 2,363.72 413075 09/13/2024 DIRECT DEPOSIT BOWEN, CHAD 1,533.51 413076 09/13/2024 DIRECT DEPOSIT FOLEY, SHANE 1,498.55 413077 09/13/2024 DIRECT DEPOSIT FREEMAN, KEITH 1,749.93 413078 09/13/2024 DIRECT DEPOSIT GOLFE, GREGORY 1,224.58 413078 09/13/2024 DIRECT DEPOSIT GOLFE, GREGORY 100.00 413079 09/13/2024 DIRECT DEPOSIT HAMLETT, ROBERT 1,241.12 413080 09/13/2024 DIRECT DEPOSIT HANSON, CHRISTOPHER 1,864.25 413081 09/13/2024 DIRECT DEPOSIT HAWKINS, DUKE 2,256.23 26 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413082 09/13/2024 DIRECT DEPOSIT HENRY, MARQUEZ 1,348.55 413083 09/13/2024 DIRECT DEPOSIT KIVENAS, ZACHARY 1,408.92 413084 09/13/2024 DIRECT DEPOSIT LEE, TERRENCE 2,003.67 413085 09/13/2024 DIRECT DEPOSIT LONGACRE, KENNETH 2,842.40 413086 09/13/2024 DIRECT DEPOSIT MCGRATH, WILLIAM 2,099.42 413087 09/13/2024 DIRECT DEPOSIT MOTT, KODY 1,829.03 413088 09/13/2024 DIRECT DEPOSIT MUNRO, LUCAS 1,362.14 413089 09/13/2024 DIRECT DEPOSIT PECHENIK, DEBRA 927.65 413090 09/13/2024 DIRECT DEPOSIT STANTON, KASSI 1,125.62 413091 09/13/2024 DIRECT DEPOSIT TATUM, ROYCE 1,234.91 413092 09/13/2024 DIRECT DEPOSIT WILLIS, EDDRICK 2,665.37 413093 09/13/2024 DIRECT DEPOSIT ZIMEI, BENJAMIN 2,516.53 413094 09/13/2024 DIRECT DEPOSIT BLANCO PEREZ, YULIEN 1,488.62 413095 09/13/2024 DIRECT DEPOSIT CHAMPAGNE, SAMUEL 1,369.91 413096 09/13/2024 DIRECT DEPOSIT EVANS, AUSTIN 1,150.79 413097 09/13/2024 DIRECT DEPOSIT HOVEY, STORM 1,027.14 413098 09/13/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 1,071.03 413098 09/13/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 527.52 413099 09/13/2024 DIRECT DEPOSIT PERALTA, ALEXIS 2,074.57 413100 09/13/2024 DIRECT DEPOSIT TARDIF, TODD 2,087.52 413101 09/13/2024 DIRECT DEPOSIT THORNE, MICHAEL 550.00 413101 09/13/2024 DIRECT DEPOSIT THORNE, MICHAEL 200.00 413101 09/13/2024 DIRECT DEPOSIT THORNE, MICHAEL 1,115.26 413102 09/13/2024 DIRECT DEPOSIT YONKERS, LAURA 3,158.01 413103 09/13/2024 DIRECT DEPOSIT AUGUSTE, JEHU 2,457.09 413104 09/13/2024 DIRECT DEPOSIT LESTER, JEROME 1,454.27 413105 09/13/2024 DIRECT DEPOSIT MCINTYRE- MEISENBURG, MELISSA 1,985.62 413106 09/13/2024 DIRECT DEPOSIT WAPPES, SARA 1,656.27 768260 09/13/2024 DIRECT DEPOSIT BELL, CRAIG 400.00 768263 09/13/2024 DIRECT DEPOSIT GIBSON, KEVIN 125.00 768264 09/13/2024 DIRECT DEPOSIT HORNE, BRIAN 1,650.00 768264 09/13/2024 DIRECT DEPOSIT HORNE, BRIAN 25.00 768267 09/13/2024 DIRECT DEPOSIT TOBAR, ROBERT 2,100.55 768273 09/13/2024 DIRECT DEPOSIT BARKWELL, MICHAEL 25.00 55665 09/09/2024 PRINTED CLARITY DX, INC. 385.60 55666 09/09/2024 PRINTED SPNET 140.25 55667 09/09/2024 PRINTED SPNET 148.75 55668 09/09/2024 PRINTED CARDIOVASCULAR MEDICINE ASSOC PA 125.00 55669 09/09/2024 PRINTED COMMAND INVESTIGATIONS LLC 1,460.00 55670 09/09/2024 PRINTED HEALTHESYSTEMS LLC 41.10 55670 09/09/2024 PRINTED HEALTHESYSTEMS LLC 10.37 55670 09/09/2024 PRINTED HEALTHESYSTEMS LLC 122.15 55670 09/09/2024 PRINTED HEALTHESYSTEMS LLC 576.64 55670 09/09/2024 PRINTED HEALTH ESYSTEMS LLC 386.79 55670 09/09/2024 PRINTED HEALTH ESYSTEMS LLC 38.82 55670 09/09/2024 PRINTED HEALTH ESYSTEMS LLC 1,660.76 55670 09/09/2024 PRINTED HEALTH ESYSTEMS LLC 40.53 55671 09/10/2024 PRINTED SPNET 148.75 55672 09/10/2024 PRINTED SPNET 93.50 55673 09/10/2024 PRINTED VERO ORTHOPAEDICS II PA 112.50 55674 09/10/2024 PRINTED SOUTHERN COURT REPORTERS INC 616.20 55675 09/11/2024 PRINTED ABSOLUTE SOLUTIONS 450.18 55676 09/11/2024 PRINTED ABSOLUTE SOLUTIONS 646.25 55677 09/11/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 72.47 55678 09/11/2024 PRINTED CLEVELAND CLINIC INDIAN RIVER HOSPITAL 892.80 55679 09/11/2024 PRINTED EZ COMP CARE INC 705.00 55680 09/11/2024 PRINTED EZ COMP CARE INC 37.03 55681 09/11/2024 PRINTED HOWARD T. TEE MD 101.70 55682 09/11/2024 PRINTED VERO ORTHOPAEDICS II PA 82.63 55683 09/11/2024 PRINTED HR LAW PA 2,365.00 55684 09/11/2024 PRINTED KAYLA MERICLE 1,579.72 55685 09/12/2024 PRINTED HOWARD T. TEE MD 103.50 55686 09/12/2024 PRINTED HOWARD T. TEE MD 253.80 55687 09/12/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 88.20 55688 09/12/2024 PRINTED MARCUS MALONE MD LLC DBA ELITE 87.46 55689 09/12/2024 PRINTED MID -FLORIDA EMERGENCY PHYSICIANS LLC 128.70 27 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 55690 09/12/2024 PRINTED SPNET 108.80 55691 09/12/2024 PRINTED SPNET 148.75 55692 09/12/2024 PRINTED JAMES CASS 824.26 55693 09/12/2024 PRINTED SHILAHJONES 1,928.96 55694 09/13/2024 PRINTED MD NOW 155.04 55695 09/13/2024 PRINTED PETER G WERNICKI MD PA DBA PRO 125.00 55696 09/13/2024 PRINTED BROUSSARD,CULLEN & ELDRIDGE,P.A. 42.50 55696 09/13/2024 PRINTED BROUSSARD,CULLEN & ELDRIDGE,P.A. 501.50 55697 09/13/2024 PRINTED BRUCE WEIMANN 1,795.50 55698 09/13/2024 PRINTED ERIC GETCHELL 1,195.47 9,654,752.60 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: September 20, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 14, 2024 to September 20, 2024 •, `COUN r4 co �O���Nne� �► In compliance with Chapter 136.06, Florida Statutes, all money drawn from depositories used by the Board of County Commissioners shall be recorded in the minutes. Approval is requested for the attached list of checks and electronic payments for the time period of September 14, 2024 to September 20, 2024. 4� CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 12199 09/16/2024 WIRE FLSDU 2,850.71 12200 09/16/2024 WIRE IRS-PAYROLL TAXES 661,653.18 12201 09/16/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 576.95 12202 09/16/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 250.66 12203 09/16/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 179.52 12204 09/16/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 535.63 12205 09/17/2024 WIRE EDH HOLDINGS LLC 753.36 12206 09/17/2024 WIRE SUTPHEN CORPORATION 546,610.63 12207 09/17/2024 WIRE CITY OF SEBASTIAN 33,985.77 12208 09/17/2024 WIRE RX BENEFITS INC 2,427.10 12209 09/17/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 98.13 12210 09/17/2024 WIRE LINCOLN RETIREMENT 115,117.93 12211 09/18/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 595.63 12212 09/18/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 386.95 12213 09/19/2024 WIRE BLUE CROSS & BLUE SHIELD 189,325.16 12214 09/19/2024 WIRE SCHOOL DISTRICT OF INDIAN RIVER COUNTY 133,374.00 12215 09/19/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 164.17 12216 09/20/2024 WIRE TIMOTHY ROSE CONTRACTING INC 619,926.62 12217 09/20/2024 WIRE U S BANK EQUIPMENT FINANCE 64,875.00 12218 09/20/2024 WIRE AMERITAS 13,744.82 12219 09/20/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 51.03 12220 09/20/2024 WIRE EDH HOLDINGS LLC 2,297.08 12221 09/20/2024 WIRE TD BANK 3,222.26 12222 09/20/2024 WIRE PAYMENTUS CORPORATION 4,543.17 12223 09/20/2024 WIRE GLOBAL PAYMENTS DIRECT INC 16,451.77 12224 09/20/2024 WIRE GLOBAL PAYMENTS DIRECT INC 16,810.48 12225 09/20/2024 WIRE NBCUNIVERSAL LLC 5,665.14 12226 09/20/2024 WIRE CARDCONNECT LLC 744.88 454405 09/16/2024 PRINTED CELICO PARTNERSHIP 4,369.66 454406 09/16/2024 PRINTED ATLANTIC ROOFING II OF VERO BEACH INC 118,047.00 454407 09/19/2024 PRINTED AARON FELTHOUSEN 44.47 454408 09/19/2024 PRINTED ADAM JONES 5.11 454409 09/19/2024 PRINTED ALI TUNA 67.26 454410 09/19/2024 PRINTED ANDREA SIPES 46.89 454411 09/19/2024 PRINTED ANTHONY SPARKS 52.50 454412 09/19/2024 PRINTED BBS INSURANCE 36.97 454413 09/19/2024 PRINTED BERNARD GREIF 28.87 454414 09/19/2024 PRINTED BEVERLY MAXWELL 31.48 454415 09/19/2024 PRINTED CARLOS A ARAMAYO 89.25 454416 09/19/2024 PRINTED CARRIE OTTOSON 76.90 454417 09/19/2024 PRINTED CYNTHIA KEABLE 29.29 454418 09/19/2024 PRINTED D R HORTON INC 284.89 454419 09/19/2024 PRINTED DACIEN 1 MULLEN 23.46 454420 09/19/2024 PRINTED DAVID DALLMAN 77.17 454421 09/19/2024 PRINTED DEYANIRA ROJAS 17.91 454422 09/19/2024 PRINTED DI VOSTA HOMES L P 85.39 454423 09/19/2024 PRINTED DUC PHUC TRAN 80.95 454424 09/19/2024 PRINTED ENJE HARDEN 55.43 454425 09/19/2024 PRINTED FLORICA NEGRUT 32.88 30 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454426 09/19/2024 PRINTED FOXWOOD DEVELOPMENT LLC 113.07 454427 09/19/2024 PRINTED GARY GALLAGHER 87.52 454428 09/19/2024 PRINTED GRANT REAVER MASTROMATTEO 41.56 454429 09/19/2024 PRINTED JAMES STUCKEY 5.17 454430 09/19/2024 PRINTED JESSICA WINTON 61.44 454431 09/19/2024 PRINTED JOHN DI CESARE 20.50 454432 09/19/2024 PRINTED KAREN MCPHERSON 184.10 454433 09/19/2024 PRINTED LAZARASANCHEZ 29.31 454434 09/19/2024 PRINTED MARK BAUTISTA 61.89 454435 09/19/2024 PRINTED MARK SQUADRITO 31.69 454436 09/19/2024 PRINTED MARONDA HOMES 71.67 454437 09/19/2024 PRINTED MELISSA ROHM 73.29 454438 09/19/2024 PRINTED ORTHO-SPINE CARE AMERICA LLC 145.99 454439 09/19/2024 PRINTED PAT MARSHALL 259.23 454440 09/19/2024 PRINTED PATRICIA WALLEN 65.31 454441 09/19/2024 PRINTED PAUL RION 14.26 454442 09/19/2024 PRINTED RICHARD TREHAN 69.14 454443 09/19/2024 PRINTED RICHARD VANZYL 31.20 454444 09/19/2024 PRINTED SCOTT L SINGER 37.78 454445 09/19/2024 PRINTED SUMPTER HIRAM HENDERSON JR 46.65 454446 09/19/2024 PRINTED TERRY DRAEGER 64.47 454447 09/19/2024 PRINTED TERRY PETRILLO 59.27 454448 09/19/2024 PRINTED THOMAS G THOMPSON 90.72 454449 09/19/2024 PRINTED WAYNE DOTTENWHY 69.94 454450 09/19/2024 PRINTED WILLIAM HOLMAN 93.65 454451 09/19/2024 PRINTED AMERON HOMES 85.70 454452 09/19/2024 PRINTED ANGELIA BENTLEY 37.70 454453 09/19/2024 PRINTED ANGIE E ROMERO 58.35 454454 09/19/2024 PRINTED CHANDRAPAULSAWH 44.82 454455 09/19/2024 PRINTED CHRISTIAN M SAN MARTIN 68.19 454456 09/19/2024 PRINTED D R HORTON INC 166.57 454457 09/19/2024 PRINTED DANIELLE MACCARINO 35.06 454458 09/19/2024 PRINTED DI VOSTA HOMES L P 54.94 454459 09/19/2024 PRINTED DON RANDALL 25.53 454460 09/19/2024 PRINTED FELICITY SCOTT 36.93 454461 09/19/2024 PRINTED FOXWOOD DEVELOPMENT LLC 71.03 454462 09/19/2024 PRINTED HAN LEX CONSTRUCTION LLC 331.11 454463 09/19/2024 PRINTED JAMES E H MC ARDLE 3.09 454464 09/19/2024 PRINTED JITENDRAKUMAR PATEL 42.43 454465 09/19/2024 PRINTED JOHN & BARBARA HALLAM 17.69 454466 09/19/2024 PRINTED JUAN GARCIA-SAMPEDRO 37.70 454467 09/19/2024 PRINTED KEDON INC 40.42 454468 09/19/2024 PRINTED LIFE STYLE HOMES BUILDERS, INC 3.78 454469 09/19/2024 PRINTED MARIA P RODRIGUEZ HUSSEIN 10.98 454470 09/19/2024 PRINTED MARIA R CAUDLE 156.12 454471 09/19/2024 PRINTED MARK OHLENKAMP 69.72 454472 09/19/2024 PRINTED MARONDA HOMES 45.56 454473 09/19/2024 PRINTED MARYANN CRANE 67.08 454474 09/19/2024 PRINTED MARY VEGA 64.43 31 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454475 09/19/2024 PRINTED MATTHEW DAMMANN 86.94 454476 09/19/2024 PRINTED MICHAEL CHRISTENSEN 73.98 454477 09/19/2024 PRINTED MORRIS STEIN 39.59 454478 09/19/2024 PRINTED NKW-CL, LLC 14.90 454479 09/19/2024 PRINTED PARK AVENUE ENTERPRISES 169.37 454480 09/19/2024 PRINTED REBECCA DELABRA 13.70 454481 09/19/2024 PRINTED RHONDA STANG 42.79 454482 09/19/2024 PRINTED RUSSELL CABRAL 55.13 454483 09/19/2024 PRINTED THOMAS S KENNEDY 35.37 454484 09/19/2024 PRINTED VINCENT HENRY INDUSTRIES, LLC 84.71 454485 09/19/2024 PRINTED CARTER ASSOCIATES INC 24,527.00 454486 09/19/2024 PRINTED INTERNATIONAL GOLF MAINTENANCE INC 1,980.00 454487 09/19/2024 PRINTED ARCADIS U S INC 2,357.50 454488 09/19/2024 PRINTED MASTELLER & MOLER INC 7,185.50 454489 09/19/2024 PRINTED ARDAMAN & ASSOCIATES 633.25 454490 09/19/2024 PRINTED SOUTHERN MANAGEMENT LLC 7,105.50 454491 09/19/2024 PRINTED ECOLOGICAL ASSOCIATES INC 2,230.00 454492 09/19/2024 PRINTED BOWMAN CONSULTING GROUP LTD 4,458.02 454493 09/19/2024 PRINTED TETRA TECH INC 1,719.69 454494 09/19/2024 PRINTED SITECRAFTERS OF FLORIDA INC 106,286.40 454495 09/19/2024 PRINTED SPIEZLE ARCHITECTURAL GROUP INC 1,000.00 454496 09/19/2024 PRINTED KATE PRIEST LCSW LLC 5,000.00 454497 09/19/2024 PRINTED BULK EXPRESS TRANSPORT INC 26,177.64 454498 09/19/2024 PRINTED S&ME INC 7,475.39 454499 09/19/2024 PRINTED ATKINS NORTH AMERICA INC 5,425.26 454500 09/19/2024 PRINTED CLOSE CONSTRUCTION SERVICES LLC 62,581.30 454501 09/19/2024 PRINTED AMERICAN FACILITY SERVICES INC 15,889.42 454502 09/19/2024 PRINTED WILLIAM K DEBRAAL 130.78 454503 09/19/2024 PRINTED 1OHNATHAN BILLINGS 55.00 454504 09/19/2024 PRINTED MICHAEL ZITO 298.96 454505 09/19/2024 PRINTED WENDY SWINDELL 55.00 454506 09/19/2024 PRINTED JUDY LEY 123.88 454507 09/19/2024 PRINTED DAVID SMITH 97.00 454508 09/19/2024 PRINTED STEPHEN GREER 42.00 454509 09/19/2024 PRINTED STACEY BUSH 50.00 454510 09/19/2024 PRINTED SCOTT KNAUER 108.00 454511 09/19/2024 PRINTED JOSEPH TILTON 97.00 454512 09/19/2024 PRINTED SUSAN PRADO 120.78 454513 09/19/2024 PRINTED BRAD DEWSON 108.00 454514 09/19/2024 PRINTED CHRIS BALTER 111.46 454515 09/19/2024 PRINTED DREW JURAD 108.00 454516 09/19/2024 PRINTED GUSTAVO VERGARA 97.00 454517 09/19/2024 PRINTED DONALD COWAN 108.00 454518 09/19/2024 PRINTED OMOLARA CAMPBELL 97.00 454519 09/19/2024 PRINTED KEVIN ADAMS 97.00 454520 09/19/2024 PRINTED CINDY EMERSON 120.33 454521 09/19/2024 PRINTED ELAINE CAROW 97.00 454522 09/19/2024 PRINTED OLIVIA RODDENBERRY 108.00 454523 09/19/2024 PRINTED SIPHI CHINYANGANYA 100.75 32 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454524 09/19/2024 PRINTED RICOH USA INC 132.71 454525 09/19/2024 PRINTED AT&T MOBILITY 217.37 454526 09/19/2024 PRINTED 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TEE MD 126.90 55711 09/17/2024 PRINTED EZ COMP CARE INC 295.00 55712 09/17/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 140.78 55713 09/17/2024 PRINTED JAM ES JACOBSON MD 99.00 55714 09/17/2024 PRINTED SOLANTIC SFL 88.20 55715 09/17/2024 PRINTED SPNET 101.15 55716 09/17/2024 PRINTED SPNET 101.15 55717 09/17/2024 PRINTED SPNET 148.75 55718 09/17/2024 PRINTED THOMAS REFFNER LCSW 140.40 55719 09/17/2024 PRINTED THOMAS REFFNER LCSW 135.00 55720 09/17/2024 PRINTED VERO ORTHOPAEDICS II PA 92.14 55721 09/17/2024 PRINTED MELECH BERMAN 1,516.50 55722 09/17/2024 PRINTED SEACOAST BUSINESS FUNDING & WORKERS REHA 840.95 55723 09/17/2024 PRINTED SOUTHERN COURT REPORTERS INC 320.35 55724 09/18/2024 PRINTED FOURSTONE HEALTH LLC 375.00 55725 09/18/2024 PRINTED HOWARD T. 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TEE MD 103.50 55739 09/20/2024 PRINTED EZ HEALTH CARE 215.25 55740 09/20/2024 PRINTED NORTH TAMPA ANESTHESIA CONSULTANTS 655.46 55741 09/20/2024 PRINTED SPNET 148.75 55742 09/20/2024 PRINTED SPNET 110.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 270.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 736.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 968.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 1,735.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 289.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 171.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 4,104.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 1,554.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 1,630.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 274.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 414.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 149.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 1,266.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 469.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 2,874.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 135.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 372.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 208.50 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 156.00 55743 09/20/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 621.00 5,502,786.56 W Ryan L. Butler Clerk of Circuit Court & Comptroller 1801 27th Street Vero Beach, FL 32960 Telephone: (772) 226-3100 TO: Board of County Commissioners FROM: Elissa Nagy, Chief Deputy Comptroller THROUGH: Ryan L. Butler, Clerk of the Circuit Court and Comptroller DATE: September 16, 2024 SUBJECT: County Capital Asset Inventories Last year, the County completed a project to replace utility meters throughout the County Utility system. It is necessary to remove the old meters from the capital asset inventory at this time. In accordance with Section 274.07, Florida Statutes, assets to be removed from the inventory must be presented to the Board for approval. Attached is the list of the old meters that were purchased prior to 9/30/2014 in accordance with the capital assets policy. 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W W W Wec WF W ��c c�C c�c c�c cWc c�c C�C CWC G •C U U U U u W 3 U 3 U 3 U 3 U W W W W W W W W W W N � F r F r r r F- H h F J J J J yy N a M Vl Vl N 01 N O1 M 01 O 01 a N h N Ol fY1 m N 4 M h N m N m Q tD m t0 T N O E Q 7 N M N N M N 00 01 N 00 Ol N 00 01 N 00 O\ N 01 T O 01 M O Ot M O 01 M T I� V T n e}M N n 00 N 00 N Ln N tD N N lD M N �p N b �p N n N 01 N Z N N N N N N N N N N N N N N N N N �:. c O 7 c O 7 s c O 7 a c O 7 a c O 7 a c O 7 a c O 7 .n c O 7 a c O 7 .n c O 7 a c O > a c O 7 a-0 c O > c O > a.0 c O 7 C O M M C O 7 a C O > m-0 C O > C O > a C O > y 4 d 3 m d N 3 d N 3 d N 3 d N 3 d R 3 d N 3 d R 3 d N 3 d m 3 d N 3 d N 3 d N 3 d N 3 d N 3 d N 3 d N 3 d N 3 d N 3 d N 3 d m 3 E d w w m a+ u w w w a w v m a+ D w w a+ m a w ,Z INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services Ryan Lloyd, Deputy Director & Chief of Emergency Management FROM: Erin Reyes, Emergency Management Planner Department of Emergency Services DATE: October 3, 2024 SUBJECT: Acceptance and Approval of Expenditures of Emergency Management Program Grant (EMPG) Federally -Funded Subgrant Agreement Agreement Number: G0558 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: The intent of the EMPG Base Grant Agreement is to provide each county with the means to successfully maintain and operate an Emergency Management Program. Counties must be able to prepare for, respond to, recover from, and mitigate against natural and man-made disasters/ emergencies. EMPG Base Grant funding is intended to enhance county emergency management plans and programs that are consistent with the State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 27P-6, Florida Administrative Code and Chapter 252, Florida Statutes). The Scope of Work recognizes that each recipient is at a varying level of preparedness, and it is understood that each county has a unique geography, faces unique threats and hazards, and serves a unique population. The State of Florida, Division of Emergency Management provides funding to Indian River County Emergency Management. The total funding allocated with this agreement (G0558) is $67,882.00. EMPG allowable costs are divided into the following categories as referenced in the 2021-2024 Emergency Management Strategic Plan: organizational, planning, training, exercise & equipment. This is a 100% funded agreement with a non-federal match provided by the Emergency Management Preparedness Assistance (EMPA) grant, there are no additional funds required from Indian River County. The term of the agreement is from October 1, 2024 through March 31, 2026. The state recognizes line -item changes may occur after execution of the contract (i.e. due to cost savings or reprioritization by the Florida Division of Emergency Management (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. 44 FUNDING: Funds in the amount of $67,882.00 will be spent out of the General Fund/Emergency Management/EMPG account, 00120825. The full breakdown of use of funds are as follows: Item Amount Account Number Account Desc. Software Services (Annual recurring cost) • Mobile A uickSeries $8,000 00120825-035120-05050 Computer Software Travel to emergency management conferences/classes $11,882 00120825-034020-05050 All Travel Registration fees for emergency management conferences/classes $4,500 00120825-035430-05050 Tuition/Registration Public Outreach (Disaster Guides) $10,000 00120825-034720-05050 Outside Printing PPE (Rain Gear for Activations/Responses)) $3,000 00120825-035240-05050 Uniforms Satellite Phone Service $3,000 00120825-034110-05050 Telephone Heater Meals for Disasters/Activations $7,500 00120825-035280-05050 Food & Dietary EOC Enhancements $20,000 00120825-066470-05050 EDP Equipment TOTAL $67,882 RECOMMENDATION: Staff recommends approval of the EMPG Federally -Funded Subgrant Agreement (G0558), 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 EMPG Agreement (G0558) 2. IRC Grant Foran 45 Agreement Number: G0558 FY2024 EMERGENCY MANAGEMENT PERFORMANCE AGREEMENT (EMPG) 2 C.F.R. § 200.1 states that a "subaward may be provided through any form of legal agreement, including an agreement that the pass-through entity considers a contract." As defined by 2 C.F.R. § 200.1, "pass-through entity" means "a non-federal entity that provides a subaward to a Sub -Recipient to carry out part of a federal program." As defined by 2 C.F.R. § 200.1, "Sub -Recipient" means "a non-federal entity that receives a subaward from a pass-through entity to carry out part of a federal award." As defined by 2 C.F.R. § 200.1, "Federal award" means "federal financial assistance that a non-federal entity receives directly from a federal awarding agency or indirectly from a pass-through entity." As defined by 2 C.F.R. § 200.1, "subaward" means "an award provided by a pass-through entity to a Sub -Recipient for the Sub - Recipient to carry out part of a federal award received by the pass-through entity." The following information is provided pursuant to 2 C.F.R. § 200.332: Sub -Recipient's name: Sub -Recipient's unique entity identifier: Federal Award Identification Number (FAIN): Federal Award Date: Subaward Period of Performance Start and End Date: Budget Period Start and End Date: Amount of Federal Funds Obligated by this Agreement: Total Amount of Federal Funds Obligated to the Sub -Recipient by the pass-through entity to include this Agreement: Total Amount of the Federal Award committed to the Sub -Recipient by the pass-through entity: Federal award project description (see FFATA): Name of Federal awarding agency: Name of pass-through entity: Contact information for the pass-through entity: Assistance Listings Number and Title Whether the award is R&D: Indirect cost rate for the Federal award: 1 Indian River County FB3SLJJZ38K9 EMA-2024-EP-05024 10/01/2023 — 09/30/2026 10/01 /2024 — 03/31/2026 07/01/2024 — 03/31/2026 $67,882.00 $ 67,882.00 See Article 1, Agreement Articles Dept. of Homeland Security FL. Division of Emergency Mgmt. Kevin Guthrie, Executive Director 2555 Shumard Oak Boulevard Tallahassee, Florida 32399 97.042 -Emergency Management Performance Grant (EMPG) Program N/A 31.90% 46 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 "Sub -Recipient"). For the purposes of this Agreement, the Division serves as the pass-through entity for a federal award, and the Sub -Recipient serves as the recipient of a subaward. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: A. The Sub -Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein; B. The State of Florida received these grant funds from the Federal Government, and the Division has the authority to subgrant these funds to the Sub -Recipient upon the terms and conditions outlined below; and, C. The Division has statutory authority to disburse the funds under this Agreement. THEREFORE, the Division and the Sub -Recipient agree to the following: (1) APPLICATION OF STATE LAW TO THIS AGREEMENT 2 C.F.R. § 200.302(a) provides: "Each state must expend and account for the Federal award in accordance with state laws and procedures for expending and accounting for the state's own funds..." Therefore, section 215.971, Florida Statutes, entitled "Agreements funded with federal or state assistance," applies to this Agreement. (2) LAWS, RULES, REGULATIONS AND POLICIES a. The Sub -Recipient's performance under this Agreement is subject to 2 C.F.R. Part 200, entitled "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards." b. 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 Sub - 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 Sub -Recipient fails to perform the minimum level of service required by the agreement. iv. A provision specifying that the Sub -Recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. 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 Sub - Recipient is entitled under the terms and conditions of the agreement must be refunded to the Division. c. In addition to the foregoing, the Sub -Recipient and the Division shall be governed by all applicable State of Florida and Federal laws, rules and regulations, including those identified in Attachment D. 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. 2 47 (3) CONTACT a. In accordance with section 215.971(2)(a)1, Florida Statutes, the Division's Grant Manager shall be responsible for enforcing performance of this Agreement's terms and conditions and shall serve as the Division's liaison with the Sub -Recipient. The Grant Manager for the Division shall: i. Monitor and document Sub -Recipient performance; and, ii. Review and document all deliverables for which the Sub -Recipient requests payment. b. The Division's Grant Manager for this Agreement is: Tamisha Jenkins, Grant Manager 2555 Shumard Oak Boulevard Tallahassee, Florida Telephone: 850-815-4367 Email: Tam isha.Jenkins(a)em.myflorida.com c. The name and address of the Representative of the Sub -Recipient responsible for the administration of this Agreement is: David Johnson, Director 4225 43rd Avenue Vero Beach, FL 32967 Telephone: 772-226-3947 Fax: 772-978-1848 Email: djohnson@indianriver.gov d. In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title, and address of the new representative shall be provided to the other party. (4) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the parties. (5) EXECUTION This Agreement may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. This Agreement shall be signed by the Sub -Recipient and returned to the Division for execution no later than forty-five (45) days following initial notification of receipt. Failure to return the signed agreement by the deadline may result in termination of the grant award. (6) MODIFICATION Either party may request modification of the provisions of this Agreement. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. Subrecipients may initiate a one-time extension of the period of performance by up to six (6) months unless one or more of the conditions outlined in (i) through (iii) of this section apply. For one-time extensions, the subrecipient shall notify the Division in writing with the supporting reasons and revised period of performance at least one hundred eighty (180) calendar days before the end of the period of performance. This one-time extension shall not be exercised merely for the purpose of spending down the award balance. Extensions require explicit prior Division approval when: (i) The terms and conditions of the federal award prohibit the extension. 3 48 (ii) The extension requires additional federal funds. (iii) The extension involves any change in the approved objectives or scope of the project. (7) SCOPE OF WORK. The Sub -Recipient shall perform the work in accordance with the Budget and Scope of Work, Attachments A and B of this Agreement. (8) PERIOD OF AGREEMENT. This Agreement shall begin October 1, 2024 and shall end September 30, 2025 unless terminated earlier in accordance with the provisions of Paragraph (17) of this Agreement. Consistent with the definition of "period of performance" contained in 2 C.F.R. § 200.1, the term "period of agreement" refers to the time during which the Sub - Recipient "may incur new obligations to carry out the work authorized under" this Agreement. In accordance with 2 C.F.R. § 200.1, the Sub -Recipient may receive reimbursement under this Agreement only for "allowable costs incurred during the period of performance." In accordance with section 215.971(1)(d), Florida Statutes, the Sub -Recipient may expend funds authorized by this Agreement "only for allowable costs resulting from obligations incurred during" the period of agreement. (9) FUNDING 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 shall reimburse the Sub -Recipient only for allowable costs incurred by the Sub -Recipient in the successful completion of each deliverable. The maximum reimbursement amount for each deliverable is outlined in Attachment A and B of this Agreement ("Budget and Scope of Work"). The maximum reimbursement amount for the entirety of this Agreement is $67,882. d. As required by 2 C.F.R. § 200.415(a), any request for payment under this Agreement shall include a certification, signed by an official who is authorized to legally bind the Sub -Recipient, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-3730 and 3801-3812)." e. The Division shall review any request for reimbursement by comparing the documentation provided by the Sub -Recipient against a performance measure, outlined in Attachment B, that clearly delineates: The required minimum acceptable level of service to be performed; and, The criteria for evaluating the successful completion of each deliverable. f. The performance measure required by section 215.971(1)(b), Florida Statutes, remains consistent with the requirement for a "performance goal", which is defined in 2 C.F.R. § 200.1 as "a target level of performance expressed as a tangible, measurable objective, against which actual achievement can be compared." It also remains consistent with the requirement, contained in 2 C.F.R. § 200.329, that the Division and the Sub -Recipient "relate financial data to performance goals and objectives of the Federal award." M 49 g. If authorized by the federal awarding agency, then the Division shall reimburse the Sub -Recipient for overtime expenses in accordance with 2 C.F.R. § 200.430 ("Compensation—personal services") and 2 C.F.R. § 200.431 ("Compensation—fringe benefits"). If the Sub -Recipient seeks reimbursement for overtime expenses for periods when no work is performed due to vacation, holiday, illness, failure of the employer to provide sufficient work, or other similar cause (see 29 U.S.C. § 207(e)(2)), then the Division shall treat the expense as a fringe benefit. 2 C.F.R. § 200.431(a) defines fringe benefits as "allowances and services provided by employers to their employees as compensation in addition to regular salaries and wages." Fringe benefits are allowable under this Agreement as long as the benefits are reasonable and are required by law, Sub -Recipient -employee agreement, or an established policy of the Sub -Recipient. 2 C.F.R. § 200.431(b) provides that the cost of fringe benefits in the form of regular compensation paid to employees during periods of authorized absences from the job, such as for annual leave, family -related leave, sick leave, holidays, court leave, military leave, administrative leave, and other similar benefits, are allowable if all of the following criteria are met: i. They are provided under established written leave policies; ii. The costs are equitably allocated to all related activities, including federal awards; and, iii. The accounting basis (cash or accrual) selected for costing each type of leave is consistently followed by the non-federal entity or specified grouping of employees. h. If authorized by the federal awarding agency, then the Division shall reimburse the Sub -Recipient for travel expenses in accordance with 2 C.F.R. § 200.475. Reimbursement for travel shall be in accordance with section 112.061, Florida Statutes, which includes submission of the claim on the approved state travel voucher. If the Sub - 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 Sub -Recipient shall provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regular operations as a result of the Sub -Recipient's written travel policy; and, Participation of the individual in the travel is necessary to the Federal award. i. 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 grant agreement period and produce a final reconciliation report. The final report shall identify any funds paid in excess of the expenditures incurred by the Sub - Recipient. j. As defined by 2 C.F.R. § 200.1, 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, 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. k. 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 and may not exceed fifty percent of the grant award. If an advance payment is requested, an estimated expense table and justification statement shall be included with this 50 Agreement as indicated in Attachment E, Justification of Advance Payment. Attachment E shall specify the amount of advance disbursement requested and provide an explanation of the necessity for and proposed use of the funds. (10)RECORDS a. As required by 2 C.F.R. § 200.337, the federal awarding agency, Inspectors General, the Comptroller General of the United States, and the Division, or any of their authorized representatives, shall enjoy the right of access to any documents, papers, or other records of the Sub -Recipient which are pertinent to the Federal award, in order to make audits, examinations, excerpts, and transcripts. The right of access also includes timely and reasonable access to the Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. Finally, the right of access is not limited to the required retention period but lasts as long as the records are retained. b. 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 Sub -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 Sub -Recipient's personnel for the purpose of interview and discussion related to such documents. c. As required by 2 C.F.R. § 200.334, the Sub -Recipient shall retain sufficient records to show its compliance with the terms of this Agreement, as well as the compliance of all subcontractors or consultants paid from funds under this Agreement for a period of three (3) years from the date of submission of the final expenditure report. The following are the only exceptions to the three (3) year requirement: Financial records, supporting documents, statistical records, and all other non-federal entity records pertinent to a federal award shall be retained for a period of three (3) years from the date of submission of the final expenditure report or, for federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial report, respectively, as reported to the federal awarding agency or pass-through entity in the case of a Sub -Recipient. federal awarding agencies and pass- through entities shall not impose any other record retention requirements upon non-federal entities. i. If any litigation, claim, or audit is started before the expiration of the three (3) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved and final action taken. ii. When the non-federal entity is notified in writing by the federal awarding agency, cognizant agency for audit, oversight agency for audit, cognizant agency for indirect costs, or pass-through entity to extend the retention period. iii. Records for real property and equipment acquired with federal funds shall be retained for three (3) years after final disposition. iv. When records are transferred to or maintained by the federal awarding agency or pass-through entity, the three (3) year retention requirement is not applicable to the non-federal entity. V. Records for program income transactions after the period of performance. In some cases, recipients shall report program income after the period of performance. Where there is such a requirement, the retention period for the records pertaining to the earning of the program income starts from the end of the non-federal entity's fiscal year in which the program income is earned. 51 vi. Indirect cost rate proposals and cost allocations plans. This paragraph applies to the following types of documents and their supporting records: Indirect cost rate computations or proposals, cost allocation plans, and any similar accounting computations of the rate at which a particular group of costs is chargeable (such as computer usage chargeback rates or composite fringe benefit rates). 1. If submitted for negotiation. If the proposal, plan, or other computation is required to be submitted to the federal Government (or to the pass-through entity) to form the basis for negotiation of the rate, then the three (3) year retention period for its supporting records starts from the date of such submission. 2. If not submitted for negotiation. If the proposal, plan, or other computation is not required to be submitted to the federal Government (or to the pass-through entity) for negotiation purposes, then the three (3) year retention period for the proposal, plan, or computation and its supporting records starts from the end of the fiscal year (or other accounting period) covered by the proposal, plan, or other computation. d. In accordance with 2 C.F.R. § 200.335, the federal awarding agency shall request transfer of certain records to its custody from the Division or the Sub -Recipient when it determines that the records possess long-term retention value. However, in order to avoid duplicate recordkeeping, the federal awarding agency may make arrangements for the non-federal entity to retain any records that are continuously needed for joint use. e. In accordance with 2 C.F.R. § 200.336, the Division shall always provide or accept paper versions of Agreement information to and from the Sub -Recipient upon request. If paper copies are submitted, then the Division shall not require more than an original and two copies. When original records are electronic and cannot be altered, there is no need to create and retain paper copies. When original records are paper, electronic versions may be substituted through the use of duplication or other forms of electronic media provided that they are subject to periodic quality control reviews, provide reasonable safeguards against alteration, and remain readable. f. As required by 2 C.F.R. § 200.303(e), the Sub -Recipient shall take reasonable measures to safeguard protected personally identifiable information and other information the federal awarding agency or the Division designates as sensitive or the Sub -Recipient considers sensitive consistent with applicable federal, state, local, and tribal laws regarding privacy and obligations of confidentiality. g. Section 286.011, Florida Statutes (Florida's Government in the Sunshine Law), provides the citizens of Florida with a right of access to governmental proceedings and mandates three, basic requirements: (1) meetings of public boards or commissions shall be open to the public; (2) reasonable notice of such meetings shall be given; and (3) minutes of the meetings shall 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, Section 286.011, Florida Statutes (Florida's Government in the Sunshine Law), also 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, Section 286.011, Florida Statutes, 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 Section 286.011, Florida Statutes, (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 Sub -Recipient based upon the funds provided under this Agreement, the meetings of the Sub -Recipient's governing board or the meetings of any subcommittee making recommendations to the governing board 7 52 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. h. Chapter 119, Florida Statutes (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 chapter 119, Florida Statutes. i. The Sub -Recipient shall maintain all records for the Sub -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 Program Budget and Scope of Work - Attachment A and B - 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) 815-7671, Records@em.myflorida.com, or 2555 Shumard Oak Boulevard, Tallahassee, FL 32399. (11)AUDITS F a. The Sub -Recipient shall comply with the audit requirements contained in 2 C.F.R. Part 200, Subpart b. In accounting for the receipt and expenditure of funds under this Agreement, the Sub -Recipient shall follow Generally Accepted Accounting Principles ("GAAP"). As defined by 2 C.F.R. § 200.1, GAAP "has the meaning specified in accounting standards issued by the Government Accounting Standards Board (GASB) and the Financial Accounting Standards Board (FASB)." c. When conducting an audit of the Sub -Recipient's performance under this Agreement, the Division shall use Generally Accepted Government Auditing Standards ("GAGAS"). As defined by 2 C.F.R. § 200.1, 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." d. 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 Sub -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 Sub -Recipient of such non-compliance. e. The Sub -Recipient shall have all audits completed by an independent auditor, which is defined in section 215.97(2)(1), Florida Statutes, as "an independent certified public accountant licensed under chapter 473." The 8 53 independent auditor shall state that the audit complied with the applicable provisions noted above. The audit shall be received by the Division no later than nine (9) months from the end of the Sub -Recipient's fiscal year. f. The Sub -Recipient shall send copies of reporting packages for audits conducted in accordance with 2 C.F.R. Part 200, by or on behalf of the Sub -Recipient, to the Division at the following address: DEMSingleAudit@em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 g. The Sub -Recipient shall send the Single Audit reporting package and Form SF -SAC to the Federal Audit Clearinghouse by submission online at: https://facides.census.gov h. The Sub -Recipient shall send any management letter issued by the auditor to the Division at the following address: DEM Sing leAudit(a)em.myflorida.com OR Office of the Inspector General 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (12)REPORTS a. Consistent with 2 C.F.R. § 200.328, the Sub -Recipient shall provide the Division with quarterly reports and a close-out report. These reports shall include the current status and progress by the Sub -Recipient and all subcontractors in completing the work described in Attachment B -Scope of Work 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 thirty (30) days after the end of each quarter of the program year and shall be sent each quarter until submission of the close-out report. The ending dates for each quarter of the program year are March 31, June 30, September 30, and December 31. c. The close-out report is due sixty (60) days after termination of this Agreement or thirty (30) days after completion of the activities contained in this Agreement, whichever first occurs. d. If all required reports and copies are not sent to the Division or are not completed in a manner acceptable to the Division, then the Division may withhold further payments until they are completed or may take other action as stated in Paragraph (16) REMEDIES. "Acceptable to the Division" means that the work product was completed in accordance with Attachments A and B of this Agreement. e. The Sub -Recipient shall provide additional program updates or information that may be required by the Division. f. The Sub -Recipient shall provide additional reports and information identified in Attachment B. (13)MONITORING. 6 54 a. Consistent with 2 C.F.R. § 200.328 the Sub -Recipient shall monitor its performance under this Agreement, as well as that of its subcontractors and/or consultants who are paid from funds provided under this Agreement, to ensure that time schedules are being met, the Schedule of Deliverables and Scope of Work are being accomplished within the specified time periods, and other performance goals are being achieved. A review shall be done for each function or activity in Attachment B to this Agreement and reported in the quarterly report. b. In addition to reviews of audits, monitoring procedures may include, but not be limited to, On-site visits by Division staff, limited scope audits, and/or other procedures. The Sub -Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Division. In the event that the Division determines that a limited scope audit of the Sub -Recipient is appropriate, the Sub -Recipient agrees to comply with any additional instructions provided by the Division to the Sub -Recipient regarding such audit. The Sub -Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Florida Chief Financial Officer or Auditor General. In addition, the Division shall monitor the performance and financial management by the Sub -Recipient throughout the contract term to ensure timely completion of all tasks. (14)LIABILITY a. Unless Sub -Recipient is a State agency or subdivision, as defined in section 768.28(2), Florida Statutes, the Sub -Recipient is solely responsible to parties it deals with in carrying out the terms of this Agreement; as authorized by section 768.28(19), Florida Statutes, Sub -Recipient shall hold the Division harmless against all claims of whatever nature by third parties arising from the work performance under this Agreement. For purposes of this Agreement, Sub -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 Sub -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 Sub -Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. c. As defined in section 200.310 Insurance Coverage: The non-federal entity shall, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with federal funds as provided to property owned by the non-federal entity. Federally -owned property need not be insured unless required by the terms and conditions of the federal award. (15)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 terminate and the Division has the option to exercise any of its remedies set forth in Paragraph (16); 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 if: a. Any warranty or representation made by the Sub -Recipient in this Agreement or any previous agreement with the Division is or becomes false or misleading in any respect, or if the Sub -Recipient fails to keep or 10 55 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. Material adverse changes occur in the financial condition of the Sub -Recipient at any time during the term of this Agreement, and the Sub -Recipient fails to cure this adverse change within thirty (30) days from the date written notice is sent by the Division; c. Any reports required by this Agreement have not been submitted to the Division or have been submitted with incorrect, incomplete, or insufficient information; or, d. The Sub -Recipient has failed to perform and complete on time any of its obligations under this Agreement. (16)REMEDIES If an Event of Default occurs, then the Division shall, after thirty (30) calendar days written notice to the Sub -Recipient and upon the Sub -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 Sub -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 Sub -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: Request additional information from the Sub -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 Sub -Recipient to suspend, discontinue or refrain from incurring costs for any activities in question or iv. Require the Sub -Recipient to reimburse the Division for the amount of costs incurred for any items determined to be ineligible; f. The Division may Administratively close an Agreement. The Division may use the administrative close- out process when a Sub -Recipient is not responsive to reasonable efforts to collect required reports needed to complete the standard close-out process. The Division shall make three (3) written attempts to collect required reports before initiating administrative close-out. In addition, if an agreement is administratively closed, the Division 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 awards. If the Division needs to administratively close an agreement, this may negatively impact a Sub -Recipient's ability to obtain future funding; and g. Exercise any other rights or remedies which may be available under law. 11 Pursuing any of the above remedies shall 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 Sub -Recipient, it shall 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 Sub -Recipient. (17)TERMINATION a. The Division may terminate this Agreement for cause after thirty days (30) 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 Sub -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 cause after rejecting an appeal submitted due to noncompliance, nonactivity, and/or a lack of expenditures for four (4) consecutive quarterly reporting periods. c. 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 Sub -Recipient with thirty (30) calendar days prior written notice. d. The parties may agree to terminate this Agreement for their mutual convenience through a written amendment of this Agreement. The amendment shall state the effective date of the termination and the procedures for proper closeout of the Agreement. e. In the event that this Agreement is terminated, the Sub -Recipient shall not incur new obligations for the terminated portion of the Agreement after the Sub -Recipient has received the notification of termination. The Sub - Recipient shall cancel as many outstanding obligations as possible. Costs incurred after receipt of the termination notice shall be disallowed. The Sub -Recipient shall not be relieved of liability to the Division because of any breach of Agreement by the Sub -Recipient. The Division may, to the extent authorized by law, withhold payments to the Sub - Recipient for the purpose of set-off until the exact amount of damages due the Division from the Sub -Recipient is determined. (18)PROCUREMENT a. The Sub -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 as well as Appendix II to 2 C.F.R. Part 200 (entitled "Contract Provisions for Non -Federal Entity Contracts Under Federal Awards"). b. As required by 2 C.F.R. § 200.318(i), the Sub -Recipient shall "maintain records sufficient to detail the history of procurement. These records shall 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 Sub -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 Sub -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 Sub -Recipient chooses to subcontract any of 12 57 the work required under this Agreement, then the Sub -Recipient shall forward to the Division a copy of any solicitation (whether competitive or non-competitive) at least ten (10) days prior to the publication or communication of the solicitation. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R. § 200.325, the Division shall 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 shall not substitute its judgment for that of the Sub -Recipient. While the Sub -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 Sub -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 Sub -Recipient as quickly as possible within the seven (7) business day window outlined above. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: above; and, Terminate this Agreement in accordance with the provisions outlined in paragraph (17) Refuse to reimburse the Sub -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 Sub -Recipient chooses to subcontract any of the work required under this Agreement, then the Sub -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 Sub -Recipient within seven (7) business days. Consistent with 2 C.F.R. § 200.325, the Division shall 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 shall not substitute its judgment for that of the Sub -Recipient. While the Sub -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 Sub -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 Sub -Recipient as quickly as possible within the seven (7) business day window outlined above. If the Sub -Recipient executes a subcontract after receiving a communication from the Division that the subcontract is non-compliant, then the Division may: above; and, Terminate this Agreement in accordance with the provisions outlined in paragraph (17) Refuse to reimburse the Sub -Recipient for any costs associated with that subcontract. f. The Sub -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 Sub -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. effected 13 58 g. As required by 2 C.F.R. § 200.318(c)(1), the Sub -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." h. As required by 2 C.F.R. § 200.319(b) contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals shall be excluded from competing for such procurements. The Sub -Recipient or pass-thru entity shall disclose to the Division, in writing, any real or potential conflict of interest that may arise during the administration of the Federal award, as defined by federal statutes or regulations, or their own existing policies, within five (5) days of learning of the conflict of interest. "Conflict of interest" is considered as any situation where an employee, officer, or agent, any members of his or her immediate family, or his or her partner has a close personal relationship, business relationship, or professional relationship, with a recipient or Sub -Recipient. i. As required by 2 C.F.R. § 200.319(a), the Sub -Recipient shall conduct any procurement under this agreement "in a manner providing full and open competition." Accordingly, the Sub -Recipient shall not: i. Place unreasonable requirements on firms in order for them to qualify to do business; ii. Require unnecessary experience or excessive bonding; iii. Use noncompetitive pricing practices between firms or between affiliated companies; iv. Execute noncompetitive contracts to consultants that are on retainer contracts; V. Authorize, condone, or ignore organizational conflicts of interest; vi. Specify only a brand name product without allowing vendors to offer an equivalent; 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; viii. Engage in any arbitrary action during the procurement process; or, 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. j. "Except in those cases where applicable Federal statutes expressly mandate or encourage" otherwise, the Sub -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. k. The Sub -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. I. The Sub -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. m. For each subcontract, the Sub -Recipient shall provide information to the Division as to whether that subcontractor is a minority business enterprise, as defined in Section 288.703, Florida Statutes, except for the requirement the subcontractor be domiciled in Florida, on the required Procurement Method Report (Form 5). Additionally, the Sub -Recipient shall comply with the requirements of 2 C.F.R. § 200.321 ("Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms"). n. The Federal Emergency Management Agency (FEMA) has developed helpful resources for Sub - Recipients using federal grant funds for procurements. These resources are generally available at https://www.fema.gov/grants/procurement. FEMA periodically updates this resource page so please check back for the latest information. While not all the provisions discussed in the resources are applicable to this subgrant agreement, the 14 59 Sub -Recipient may find these resources helpful when drafting its solicitation and contract for compliance with the Federal 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. (19)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 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: i. Exhibit 1 - Funding Sources ii. Exhibit 2 — Certification Regarding Telecommunications and Video Restrictions Exhibit 3 — Certification Regarding Lobbying iv. Attachment A — Program Budget V. Attachment B — Scope of Work vi. Attachment C — Deliverables and Performance vii. Attachment D — Program Statutes and Regulations viii. Attachment E — Justification of Advance Payment ix. Attachment F — Warranties and Representations X. Attachment G — Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion A. Attachment H — Statement of Assurances xii. Attachment I — Mandatory Contract Provisions xiii. Attachment J — Financial and Program Monitoring Guidelines xiv. Attachment K — EHP Guidelines xv. Attachment L — Reimbursement Checklist xvi. Attachment M— Foreign Country of Concern Affidavit — Personal Identifying Information Contract (20) PAYMENTS a. If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budgeting, the State Chief Financial Officer or under subparagraph (9)b. of this Agreement, all obligations on the part of the Division to make any further payment of funds shall terminate, and the Sub -Recipient shall submit its closeout report within thirty (30) days of receiving notice from the Division. b. Invoices shall be submitted at least quarterly and shall include the supporting documentation for all costs of the project or services. The final invoice shall be submitted within thirty (30) 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 Sub -Recipient's quarterly reporting as referenced in Paragraph (12) of this Agreement. c. Any advance payment under this Agreement is subject to 2 C.F.R. § 200.305 and, as applicable, section 216.181(16), Florida Statutes. All requests for advance payments shall be reviewed and considered on a case -by - 15 60 case basis. All advances are required to be held in an interest-bearing account and shall not exceed fifty percent of the grant award. If an advance payment is requested, an estimated expense table and justification statement shall be included in this Agreement. All advance requests shall be submitted at the time of execution of the original agreement, unless an Environmental Historical Preservation (EHP) review is required. If an EHP is required advance payments shall not be processed until approval from FEMA has been received. Advance requests can only be made by completing Attachment E and shall 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. (21)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 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, Sub -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. (22) MANDATED CONDITIONS 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 Sub -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 Sub -Recipient, cause the termination of this Agreement and the release of the Division from all its obligations to the Sub -Recipient. b. The laws of the State of Florida shall govern this Agreement. The Division and the Sub -Recipient submit to the jurisdiction of the courts of the State of Florida exclusively for any legal action related to this Agreement. Further, the Sub -Recipient hereby waives any and all privileges and rights relating to venue it may have under chapter 47, Florida Statutes, and any and all such venue privileges and rights it may have under any other statute, rule, or case law, including, but not limited to those grounded on convenience. The Sub -Recipient hereby submits to venue in the county chosen by the Division, to wit: Leon County, Florida. 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 Sub -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. I[0 61 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 shall not submit a bid on a contract to provide any goods or services to a public entity, shall not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, shall not submit bids on leases of real property to a public entity, shall not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and shall 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 Sub -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: 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 (5) 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 (22) f. ii. of this certification; and, iv. Have not within a five (5) year period preceding this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. g. If the Sub -Recipient is unable to certify to any of the statements in this certification, then the Sub - Recipient shall attach an explanation to this Agreement. h. In addition, the Sub -Recipient shall send to the Division (by email or by facsimile transmission) the completed "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion" (Attachment G) for each intended subcontractor which Sub -Recipient plans to fund under this Agreement. The form shall be received by the Division before the Sub -Recipient enters into a contract with any subcontractor. i. The Division reserves the right to unilaterally cancel this Agreement if the Sub -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 Sub -Recipient created or received under this Agreement. j. If the Sub -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 shall not intentionally award publicly funded contracts to any contractor who knowing.ly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [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 Sub -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. 17 62 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 subdivision granting to the state a security interest in the property at least to the amount of state funds provided for at least five (5) years from the date of purchase or the completion of the improvements or as further required by law. m. Unless preempted by federal law, 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), F.S., 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. n. If applicable, pursuant to Section 255.0993, Florida Statutes, the Sub -Recipient shall ensure that any iron or steel product, as defined in Section 255.0993(1)(b), Florida Statutes, that is permanently incorporated in the deliverable(s) resulting from this project, must be produced in the United States. (23)LOBBYING PROHIBITION a. 2 C.F.R. § 200.450 prohibits reimbursement for costs associated with certain lobbying activities. b. 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." c. 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. d. The Sub -Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: No federal appropriated funds have been paid or shall be paid, by or on behalf of the Sub - Recipient, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any funds other than federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan or cooperative agreement, the Sub -Recipient shall complete and submit Standard Form -LLL, "Disclosure of Lobbying Activities." iii. The Sub -Recipient shall require that this certification be included in the award documents for all subawards (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 63 If this subgrant agreement amount is $100,000 or more, the Sub -Recipient, and subcontractors, as applicable, shall sign Attachment M — Certification Regarding Lobbying. (24)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; AND, ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF THIS AGREEMENT ARE HEREBY TRANSFERRED BY THE SUB -RECIPIENT TO THE STATE OF FLORIDA. a. If the Sub -Recipient has a pre-existing patent or copyright, the Sub -Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the 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 Sub -Recipient shall refer the discovery or invention to the Division for a determination whether the State of Florida shall 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 Sub -Recipient shall notify the Division. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Sub - Recipient to the State of Florida. c. Within thirty (30) days of execution of this Agreement, the Sub -Recipient shall disclose all intellectual properties relating to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Sub -Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is disclosed. Failure to disclose shall indicate that no such property exists. The Division shall then, under Paragraph (24) b., have the right to all patents and copyrights which accrue during performance of the Agreement. d. If the Sub -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 Sub -Recipient shall become the sole property of the Sub -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 Sub -Recipient, under this Agreement, for Florida government purposes. (25)LEGAL AUTHORIZATION The Sub -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 Sub -Recipient also certifies that the undersigned person has the authority to legally execute and bind Sub -Recipient to the terms of this Agreement. (26)EQUAL OPPORTUNITY EMPLOYMENT a. In accordance with 41 C.F.R. § 60-1.4(b), the Sub -Recipient hereby agrees that it shall incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 CFR Chapter 60, which is paid for in whole or in part with funds obtained from the federal government or borrowed on the credit of the federal government pursuant to a grant, contract, loan, insurance, or 19 64 guarantee, or undertaken pursuant to any federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: During the performance of this contract, the contractor agrees as follows: i. The contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants shall receive considerations for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The contractor shall not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. iv. The contractor shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and shall permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 20 65 viii. The contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions shall be binding upon each subcontractor or vendor. The contractor shall take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. b. The Sub -Recipient further agrees that it shall be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. c. The Sub -Recipient agrees that it shall assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it shall furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it shall otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. d. The Sub -Recipient further agrees that it shall refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive order and shall carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive order. In addition, the Sub -Recipient agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the Sub -Recipient under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Sub -Recipient; and refer the case to the Department of Justice for appropriate legal proceedings. (27)COPELAND ANTI -KICKBACK ACT The Sub -Recipient hereby agrees that, unless exempt under federal law, it shall incorporate or cause to be incorporated into any contract for construction work, or modification thereof, the following clause: i. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. ii. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any f►A 66 lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. (28)CONTRACT WORK HOURS AND SAFETY STANDARDS If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $100,000 and involves the employment of mechanics or laborers, then any such contract shall include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation. (29)CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract that exceeds $150,000, then any such contract shall include the following provision: Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387) and shall report violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). (30)SUSPENSION AND DEBARMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract shall include the following provisions: i. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R § 180.935). ii. The contractor shall comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a requirement to comply with these regulations in any lower tier covered transaction it enters into. iii. This certification is a material representation of fact relied upon by the Division. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the Division, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. iv. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further 22 67 agrees to include a provision requiring such compliance in its lower tier covered transactions. (31)BYRD ANTI -LOBBYING AMENDMENT If the Sub -Recipient, with the funds authorized by this Agreement, enters into a contract, then any such contract shall include the following clause: Byrd Anti -Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it shall not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient. If the Sub -Recipient enters into a contract with a subcontractor for an award of $100,000 or more, the subcontractor shall sign Exhibit 3 — Certification Regarding Lobbying. (32) CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS 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, 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: solicitation lists; Placing qualified small and minority businesses and women's business enterprises on ii. 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; iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 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 shallt take; the requirements do not preclude the Sub -Recipient from undertaking additional steps to involve small and minority businesses and women's business enterprises. 23 68 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"). (33) ASSURANCES The Sub -Recipient shall comply with any Statement of Assurances incorporated as Attachment H. 24 69 IN WITNESS WHEREOF, the parties hereto have executed this Agreement. SUB -RECIPIENT: INDIAN RIVER COUNTY By: Name and Title: Susan Adams, Chairman Date: October 8, 2024 FID# 59-6000674 If signing electronically: By providing this electronic signature, / am attesting that / understand that electronic signatures are legally binding and have the same meaning as handwritten signatures. / 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. I acknowledge that typewritten and/or script fonts are not acceptable as a digital signature. All electronic signatures shall be certified digital signatures and include: the signee's name, time, and date stamp. This statement is to certify that I 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: Name and Title: Kevin Guthrie, Executive Director Date: 25 70 EXHIBIT —1 Federal Programs and Resources Awarded THE FOLLOWING FEDERAL RESOURCES ARE AWARDED TO THE SUB -RECIPIENT UNDER THIS AGREEMENT: Federal Program: EMERGENCY MANAGEMENT PERFORMANCE GRANT (EMPG) PROGRAM Federal Agency: U.S. Department of Homeland Security, Federal Emergency Management Catalog of Federal Domestic Assistance title and number: 97.042 Award amount: $ 67,882.00 THE FOLLOWING COMPLIANCE REQUIREMENTS APPLY TO THE FEDERAL RESOURCES AWARDED UNDER THIS AGREEMENT: Federal Program: Emergency Management Performance Grant (EMPG) Program List applicable compliance requirements as follows: 1. Sub -Recipient is to use funding to perform eligible activities as identified FY 2024 Department of Homeland Security Notice of Funding Opportunity. 2. Sub -Recipient is subject to all administrative and financial requirements as set forth in this Agreement or shall not be in compliance with the terms of the Agreement. 3. Sub -Recipient shall comply with specific laws, rules, or regulations that pertain to how the awarded resources shall be used or how eligibility determinations are to be made. NOTE: 2 C.F.R. Part 200, and section 215.97(5)(a), Florida Statutes, require that the information about Federal Programs and State Projects included in Exhibit 1 be provided to the Sub -Recipient. Sub -Recipient: INDIAN RIVER COUNTY By Susan Adams, Chairman Printed Name and Title Date: October 8, 2024 If signing electronically: By providing this electronic signature, 1 am attesting that 1 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. l acknowledge that typewritten anMor script fonts are not acceptable as a digital signature. All electronic signatures shall be certified digital signatures and include. the signee's name, time and date stamp. This statement is to certify that I 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. 26 71 EXHIBIT — 2 Certification Regarding Telecommunications and Video Restrictions Effective August 13, 2020, DHS/FEMA Sub -Recipients, as well as their contractors and subcontractors, shall not use grant funds under the Emergency Management Performance Grant (EMPG) Program covered by this Agreement and provided in FY 2024 or previous years to: 1. Procure or obtain, extend or renew a contract to procure or obtain, or enter into a contract to procure or obtain any equipment, system, or service that uses "covered telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology of any system; or 2. Enter into, extend or renew contracts with entities that use or provide, as part of its performance of this agreement or any other contractual instrument, any equipment, system, or service that uses "covered telecommunications equipment or services" as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition regarding certain telecommunications and video surveillance services or equipment is mandated by section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), Pub. L. No. 115-232 (2018), and 2 C.F.R. § 200.216, 200.327, 200.471, AND Appendix II to 2 C.F.R. Part 200. Sub -Recipients may use DHS/FEMA grant funding to procure replacement equipment and services impacted by this prohibition, provided the costs are otherwise consistent with the requirements of the FY 2023 Preparedness Grants Manual, applicable appendix to the Manual, and applicable NOFO. DHS/FEMA shall publish additional guidance in a subsequent Information Bulletin or similar notice. Per section 889(f)(2)-(3) of the FY 2019 NDAA, covered telecommunications equipment or services means: 1. Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation, (or any subsidiary or affiliate of such entities); 2. For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); 3. Telecommunications or video surveillance services provided by such entities or using such equipment; or 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the People's Republic of China. In the event the Sub -Recipient identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance or at any time or by any other source, the Sub -Recipient shall report the information to the Division: 1. Within one (1) business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. 2. Within ten (10) business days of submitting the aforementioned information: Any further available information about mitigation actions undertaken or recommended. In addition, the Sub -Recipient shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that shall be incorporated to prevent future use or submission of covered telecommunications equipment or services. 27 72 Sub -Recipient: INDIAN RIVER COUNTY By: Date: October 8, 2024 Susan Adams, Chairman Printed Name and Title If signing electronically: By providing this electronic signature, 1 am attesting that I 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. I acknowledge that typewritten andlor script fonts are not acceptable as a digital signature. All electronic signatures shall be certified digital signatures and include: the signee's name, time and date stamp. 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. W. 73 EXHIBIT — 3 CERTIFICATION REGARDING LOBBYING Check the appropriate box: ❑ This Certification Regarding Lobbying is required because the Contract, Grant, Loan, or Cooperative Agreement shall exceed $100,000 pursuant to 2 C.F.R. Part 200, Appendix II(1); 31 U.S.C. § 1352; and 44 C.F.R. Part 18. [N This Certification is not required because the Contract, Grant, Loan, or Cooperative Agreement shall be equal to or less than $100,000. APPENDIX A, 44 C.F.R. PART 18 — CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No federal appropriated funds have been paid or shall be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2. If any funds other than federal appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all Sub -Recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Sub -Recipient or subcontractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Ch. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. Signature of Sub-Recipient/subcontractor's Authorized Official David Johnson, Director Name and Title of Sub-Recipient/subcontractor's Authorized Official Date ME 74 FY 2024 EMPG AGREEMENT ATTACHMENT A PROPOSED PROGRAM BUDGET DETAIL WORKSHEET Funding from the Emergency Management Performance Grant (EMPG") is intended for use by the Sub - Recipient to perform eligible activities as identified in the Fiscal Year 2023 Notice of Funding Opportunity (NOFO) and must be consistent with 2 C.F.R. Part 200 and Chapter 252, Florida Statutes. The "Proposed Program Budget Detail Worksheet" serves as a guide for both the Sub -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 Sub -Recipient shall complete the "Proposed Program Budget Detail Worksheet" listed below. If the Sub -Recipient fails to complete the "Proposed Program Budget Detail Worksheet", then the Division shall not execute this Agreement. After execution of this Agreement, the Sub -Recipient may change the allocation amounts in the "Proposed Program Budget Detail Worksheet." If the Sub -Recipient changes the "Proposed Program Budget Detail Worksheet", then the Sub -Recipient's quarterly report must include an updated "Proposed Program Budget Detail Worksheet" to reflect current expenditures. BUDGET SUMMARY AND EXPENDITURES SUB -RECIPIENT: INDIAN RIVER CO AGREEMENT: G0558 1. PLANNING $ 0.00 2. ORGANIZATION $ 31,500.00 3. EQUIPMENT $ 20,000.00 4. TRAINING $ 16,382.00 5. EXERCISE $ 0.00 6. MANAGEMENT AND ADMINISTRATION $ 0.00 7. TOTAL AWARD $67,882.00 FY 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 $ 0.00 Allowable Organization Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Utilities (electric, water and sewage) 30 75 Service/Maintenance agreements (Mobile App & Sat Phone 1 1 $11,000.00 $11.000.00 Supplies/Materials 1 $10,500.00 $10,500.00 Memberships Publications 1 $10,000.00 $10,000.00 Postage Storage TOTAL ORGANIZATION EXPENDITURES $ 31,500.00 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) TV's for Main Operations Room in EOC and WIFI 1 $20,000.00 $20,000.00 TOTAL EQUIPMENT EXPENDITURES $ 20,000.00 Allowable Training Costs Quantity Unit Cost Total Cost Salaries and Fringe Benefits Develop, Deliver Training Workshops and Conferences 1 $4,500.00 $4,500.00 Certification/Recertification of Instructors 76 Travel 1 $11,882.00 $11,882.00 Supplies Overtime and Backfill TOTAL TRAINING EXPENDITURES $16,38Z00 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 0.00 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 0.00 TOTAL EXPENDITURES $67,882.00 REVISION DATE: [Remainder of page intentionally left blank] 32 77 FY 2024 EMPG AGREEMENT ATTACHMENT B — SCOPE OF WORK GENERAL POLICY The EMPG Program contributes to the implementation of the National Preparedness System by supporting the building, sustainment, and delivery of core capabilities. Core capabilities are essential for the execution of critical tasks for each of the five mission areas outlined in the National Preparedness Goal. The EMPG Program's allowable costs support efforts to build and sustain core capabilities across the Prevention, Protection, Mitigation, Response, and Recovery mission areas described in the Goal FEMA requires recipients to prioritize grant funding to demonstrate how EMPG Program -funded investments support building or sustaining capabilities identified as high priority through the THIRA/SPR process and closing capability gaps that are identified in the state or territory's most recent SPR. Based on Florida's FY2023 Stakeholders Preparedness Review (SPR) and other relevant sources, the FEMA Administrator and Executive Director identified the below core capabilities as priorities to address gaps across the State: • Planning • Public Information and Warning • Operational Coordination • Economic Recovery • Cybersecurity Grant funds under this program may be charged to one of the below listed categories: • Planning • Organization • Equipment • Training • Exercise • Management and Administration II. TASK(S) AND DELIVERABLE(S): The Subrecipient must successfully complete the following tasks and deliverables throughout the period of performance. TASK 1: GRANT REQUIREMENTS A. QUARTERLY MATCH The FY 2024 EMPG Program has a cost -share requirement. Federal funds provided under the EMPG agreement shall be matched by the Subrecipient dollar -for -dollar totaling the award amount. The recipient contribution can be cash (hard match) or third -party in-kind (soft match). DHS/FEMA administers cost - matching requirements in accordance with 2 C.F.R. § 200.306. To meet matching requirements, the recipient contributions must be verifiable, reasonable, allowable, allocable, necessary under the grant program, and in compliance with all applicable federal requirements and regulations. 33 78 Emergency Management and Preparedness Assistance (EMPA) grant funds may be used by the Sub - Recipient as match for EMPG funding. To demonstrate successful completion of task 1A for Quarters 1-4, the Subrecipient must submit the following items in the Division of Emergency Management Enterprise System (DEMES). DELIVERABLES • Provide Quarterly Match Form to identify the non-federal match amount. • If using EMPA as match, no additional supporting documentation is required. • Supporting documentation is required if the federal obligation exceeds the EMPA award amount or you are using other non -Federal funds (such as local general revenue) to satisfy the match requirement. Reporting Requirements. Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due Supporting Documentation: For non-EMPA funds used as match, the following documents are required to satisfy the deliverable: invoices, receipts, paystubs, certified timesheets, earning statements, cancelled checks, credit card statements, bank statements for proof of payment at least equal to the amount of reimbursement requested for that quarter. TASK 2: IMPLEMENTATION OF THE NATIONAL PREPAREDNESS SYSTEM A. NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) IMPLEMENTATION EMPG Program Subrecipients are required to implement NIMS. NIMS provides a common approach to state and national response that enables responders at all levels to work together more effectively to manage domestic incidents through a core set of guidelines, standards, and protocols for command and management, preparedness, and communications in emergency situations. All Subrecipients must certify that they have achieved or are working towards achieving NIMS implementation objectives. All Subrecipients must complete and submit the NIMS Data Collection Worksheet_ Local annually. To demonstrate successful completion of task 2A for Quarter 1, the Sub -Recipient must submit the following item in DEMES: DELIVERABLES • The Sub -Recipient shall complete the annual NIMS Data Collection Worksheet _Local, provided by the Preparedness Bureau during the month of September and uploaded into DEMES not later than December 1, 2024. Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due N/A N/A N/A 34 79 Supporting Documentation: The NIMS Data Collection Worksheet_ Local. B. OPERATIONAL COORDINATION The EMPG grant program supports the building or sustainment of core capabilities across the five mission areas that are necessary to prepare for incidents that pose the greatest risk to the State of Florida. Effective operational coordination results from the establishment and maintenance a unified and coordinated operational structure and process that appropriately integrates all critical stakeholders and supports the execution of Core Capabilities. Sub -Recipients must engage with whole community stakeholders, on a quarterly basis; either by participating in regional meetings of existing multi -agency organizations (i.e., Regional Domestic Security Task Forces, Local Emergency Planning Committees, Regional Health Care Coalitions, Local Voluntary/Community Organizations Active in Disaster) or by hosting/conducting meetings with whole community stakeholders. To demonstrate successful completion of task 2B for Quarters 1-4, the Sub -Recipient must submit the following items in DEMES: DELIVERABLES • Provide proof of participation by a representative of the Subrecipient in quarterly meetings with whole community stakeholders (i.e., fire, law enforcement, health and health care coalitions, public works, public and private sector, and Volunteer Organizations). EMPG funded personnel are encouraged to participate in these meetings. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due Supporting Documentation: Provide proof of participation by a representative of the Sub -Recipient in quarterly meetings with whole community stakeholders to include sign -in sheets, agendas, and meeting minutes (for meetings hosted/conducted by the Subrecipient). TASK 3: TRAINING AND EXERCISE A. INTEGRATED PREPAREDNESS PLAN (IPP) Subrecipients are required to engage senior leaders and other whole community stakeholders to identify preparedness priorities specific to training and exercise needs, which will guide development of the county's multi-year IPP. The IPP should identify a combination of planning, training and exercise activities that address preparedness priorities and capability gaps based on planning efforts, hazard and risk assessments, and exercise/incident after -action reviews (AARs). 35 80 The State of Florida uses the Integrated Preparedness Plan Workshop (IPPW) process to synchronize local IPP's into a statewide IPP. Sub -Recipients shall have a representative participate in their Regional IPPW, and EMPG funded personnel are encouraged to attend. To demonstrate successful completion of task 3A for Quarter 2, the Sub -Recipient must submit the following items in the Division's Salesforce system: DELIVERABLES • Submit the County 2028-2029 IPP Data Sheets by April 30, 2025, in DEMES • Proof of participation by a representative of the Subrecipient in the appropriate Regional IPP Workshop (IPPW) Reporting Requirements: Quarter 1 Quarter 2 Quarter 3 Quarter 4 NA NA Deliverables Due NA Supporting Documentation: Submission of IPP Data Sheets Only in DEMES not later than April 30, 2025. Proof of Participation (provided by the Training and Exercise Unit.) by a representative of the Subrecipient at the appropriate Regional IPP Workshop (IPPW). B. TRAINING All EMPG Program -funded personnel are expected to be trained emergency managers. All EMPG funded personnel must complete either the NIMS Independent Study courses and the Professional Development Series, or the FEMA National Emergency Management Basic Academy delivered either by EMI or at a sponsored state, local or other designated location. • NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS - 700 (any version), and IS -800 (any version)4, and, and • Professional Development Series (PDS) or the Emergency Management Professionals Program (EMPP) Basic Academy courses listed in the chart below. 36 81 N�dg Mimi NO M� mg m twaxer! t I gj I IVA g U-12 Ig I I , ISO 120.c: An Introduction to Exercises IS0240.c: Leadership and Influence IS0230.e: Fundamentals of Emergency IS0241.c: Decision Making and Problem Management Solving IS0235.c: Emergency Planning IS0242.c: Effective Communication IS0240.c: Leadership and Influence IS0244.b: Developing and Managing Volunteers IS0241.c: Decision Making and SOI OO.c: An Introduction to the Problem Solving Incident Command System, ICS 100 IS0242.c: Effective Communication ISO 120.c: An Introduction to Exercises 36 81 IS0244.b: Developing and Managing IS0200.c: Basic Incident Command System for Volunteers Initial Response IS -244.b: Developing and Managing IS0230.e: Fundamentals of Emergency Volunteers Management IS -244.b: Developing and Managing IS0700.b: An Introduction to the National Volunteers Incident Management System IS0800A National Response Framework, An Introduction IS0235.c: Emergency Planning E/LO 101 Foundations of Emergency Management E/10102 Science for Disasters EAL0103 Planning: Emergency Operations E/L0105 Public Information Basics To demonstrate successful completion of task 313 for Quarters 1-4, the Sub -Recipient must submit the following items to DEMES: DELIVERABLES • The Staffing Detail for all EMPG funded personnel. • Training verifications for EMPG funded personnel listed on Staffing Detail —will be provided by the FDEM Training and Exercise (T&E) Unit to the FDEM Grant Management Staff. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due Deliverables Due NOTE: Additional course completion documentation is required only if new personnel are listed on the Staffing Detail Form. C. VALIDATING CAPABILITIES THROUGH EXERCISE Exercises play a vital role in preparedness by testing capabilities, familiarizing emergency management personnel with role and responsibilities, fostering meaningful interaction and communicating across organizations. Exercises bring together and strengthen the whole community in its efforts to prevent, protect against, mitigate, respond to, and recover from all hazards. To demonstrate successful completion of task 3C for Quarter 2-4. All EMPG funded personnel are encouraged to participate in a minimum of three (3) exercises during the agreement period. 37 82 Submit the following item in DEMES: DELIVERABLES • Sub -Recipient must provide sign -in sheets for exercise in which EMPG funded personnel participated. • If a local jurisdiction has experienced a major disaster and they would like to request exemptions for a scheduled exercise, the recipient should send this request to its assigned Grants Manager utilizing the quarterly report. Exemptions will be reviewed/approved by the State on a case-by-case basis. Reporting Requirements Quarter 1 Quarter 2 Quarter 3 Quarter 4 Deliverables Due Deliverables Due Deliverables Due (Not required if completed Deliverable Accepted in Q 1-3) Supporting Documentation: Submission of sign -in sheets for exercises in which EMPG funded personnel participated. ATTACHMENT C DELIVERABLES AND PERFORMANCE Sub -Recipients shall comply with all the requirements in 2 C.F.R. Part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards). Funding is provided to perform eligible activities as identified in the FY 2023 Emergency Management Performance Grant (EMPG) Program Notice of Funding Opportunity (NOFO), consistent with the Department of Homeland Security (DHS) State Strategy. Eligible activities are outlined in the Allowable Cost and Eligible Activity for each category below: Categories and Eligible Activities FY 2023 EMPG allowable costs are divided into the following categories: Planning, Organization, Equipment, Training, Exercise, and Management and Administration in this Agreement. Each category's allowable costs have been listed in the "Budget Detail Worksheet" above. A. Allowable Planning Related Costs Funding may be used for security or emergency planning expenses and the materials required to conduct planning activities. Planning shall be related to the protection of the facility and the people within the facility and should include with access and functional needs as well as those 38 83 with limited English proficiency. Examples of planning activities allowable under this program include: • Development and enhancement of security plans and protocols; • Development or further strengthening of security assessments; • Emergency contingency plans; • Evacuation/Shelter-in-place plans; • Coordination and information sharing with fusion centers, and • Other project planning activities with prior approval from DHS/FEMA. Planning Costs Supporting Documentation: • Copies of completed plan, contracts, Memorandum of Understanding or agreements with consultants or sub -contractors providing services and documenting hours worked and proof employee was paid (paystubs, earning statements, payroll expenditure reports). • Copies of invoices, receipts and cancelled checks, or credit card statements, or bank statements for proof of payment. B. Allowable Organization Related Costs EMPG Program funds may be used for all -hazards emergency management operations, staffing, and other day-to-day activities in support of emergency management. Personnel costs, including salary, overtime and backfill, compensatory time off, and associated fringe benefits are allowable costs with EMPG Program funds. These costs must comply with 2 C.F.R. Part 200, Subpart E — Cost Principles. Eligible "Organization Cost" items include, but are not limited to: • Salaries and Fringe Benefits • 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). • Position descriptions for funded EMPG personnel and any position being used as match; • 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 also be supplied when requesting pre -approval. These requests should be sent to the grant manager for the Division for review. • Maintenance and Enhancement • Major repairs to the County Emergency Operations Center (Need prior EHP approval) • Central Heat/Air (Need prior EHP approval) • Out buildings for storage of Emergency Management Equipment (Need prior EHP approval) 39 • Security Improvements (i.e. Cameras and equipment to operate) • Generators and Installation (Need prior EHP approval) Additional Organizational Costs There may be a need for emergency management personnel to wear clothing that clearly identifies their agency, organizational function, and responsibilities when carrying out their official emergency -related duties. EMPG funding may be used to purchase organizational clothing for full-time emergency management personnel who may be deployed for emergency operations, including when: 1. The Emergency Operations Center (EOC) is activated; 2. Emergency management personnel are deployed in the field to conduct damage assessments and response and recovery operations; 3. Assisting in and delivering official emergency management training and exercises, and; 4. Providing public information briefs and interviews on behalf of their emergency management agency. The emergency management agency should maintain an inventory of such clothing and uniforms to allow for issuance to other personnel who may be deployed for emergency operations. In addition: 1. EMPG funding may not be used to purchase clothing that would be used for everyday wear by emergency management employees or other personnel; and 2. 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, recipients are encouraged to refer to the AEL website for the most up to -date information: Authorized Equipment List I FEMA.gov. Organization Costs Supporting Documentation If the recipient seeks reimbursement for operational activities, then the following shall be submitted: For salaries, provide 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, payroll expenditure reports). Expense items need to have copies of invoices, receipts and cancelled checks, or credit card statements, or bank statements for proof of payment. All documentation for reimbursement amounts must be clearly visible and defined (i.e., highlighted, underlined, circled on the required supporting documentation). • Annual inventory of clothing and uniforms, if applicable. C. Allowable Equipment Related Costs Allowable equipment categories for the EMPG Program are listed on the web -based version of the Authorized Equipment List (AEL) at https://www.fema.gov/authorized-equipment-list. Unless otherwise stated, equipment must meet all mandatory regulatory and/or FEMA -adopted standards to be eligible for purchase using these funds. In addition, agencies will be responsible for obtaining and maintaining all necessary certifications and licenses for the requested equipment. 85 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) In addition to the above, general-purpose vehicles can be procured in order to carry out the responsibilities of the EMPG Program. If Sub -Recipients have questions concerning the eligibility of equipment not specifically addressed in the AEL, they should contact their Grant Manager for clarification. Sub -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. Requirements for the Purchase of Lights for Emergency Management Vehicles In accordance with 316.2397(3)(c), Florida Statutes, only authorized emergency vehicles may operate emergency lights and/or sirens in response to an emergency. Such vehicles may show or display amber lights when actively responding to an emergency, provided they are not used going to-and-fro from the scene of operation or hazard without specific authorization of a law enforcement officer or law enforcement agency. To utilize EMPG funding to purchase emergency lights, the agency must make a written request to the Executive Director, Division of Emergency Management, and the Federal Emergency Management Agency (FEMA), requesting the authority to purchase since this equipment currently has no Authorized Equipment List (AEL) number. This request should address the statute that authorizes equipment usage, purchase cost of the emergency light package, and must include installation costs and vehicle year/make/model. Requirements for Small Unmanned Aircraft System All requests to purchase Small Unmanned Aircraft System (SUAS) must comply with Information Bulletin (IB) 426 and must include the policies and procedures in place to safeguard individuals' privacy, civil rights, and civil liberties in the jurisdiction that will purchase, take title to, or otherwise use the SUAS equipment. Funding for Critical Emergency Supplies Critical emergency supplies—such as shelf stable products, water, and basic medical supplies—are an allowable expense under EMPG. 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. Equipment Acquisition Costs Supporting Documentation • Provide copies of invoices, receipts and cancelled checks, credit card statements, bank statements for proof of payment. • Provide the Authorized Equipment List (AEL) # for each equipment purchase. Unauthorized Equipment - Related Costs 41 86 • Unallowable Equipment: Grant funds must comply with IB 426 and may not be used for the purchase of the following equipment: firearms, ammunition, grenade launchers, bayonets, or weaponized aircraft, vessels, or vehicles of any kind with weapons installed. • Expenditures for weapons systems and ammunition. • Costs associated with hiring, equipping, training, etc. sworn public safety officers whose primary job responsibilities include fulfilling traditional public safety duties such as law enforcement, firefighting, emergency medical services, or other first responder duties. • Costs that supplant traditional public safety positions and responsibilities. • Activities and projects unrelated to the completion and implementation of the EMPG Program. • Clothing used for everyday wear by emergency management employees or other personnel. As defined in section 200.310 Insurance Coverage: The non-federal entity must, at a minimum, provide the equivalent insurance coverage for real property and equipment acquired or improved with Federal funds as provided to property owned by the non-federal entity. Federally owned property need not be insured unless required by the terms and conditions of the Federal award. D. Allowable Training Related Costs EMPG Training funds may be used for a range of emergency management -related training activities to enhance the capabilities of local emergency management personnel through the establishment, support, conduct, and attendance of training. Training activities should align to a current IPP developed through an annual Integrated Preparedness Program Workshop (IPPW). 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. All EMPG-funded personnel are expected to be trained emergency managers. In addition to training activities aligned to and addressed in the IPP, all EMPG -funded personnel (including full - and part-time state, local, tribal, and territorial (SLTT) recipients and Sub -Recipients) shall complete the following training requirements and record proof of completion: (1) NIMS Training, Independent Study (IS) -100 (any version), IS -200 (any version), IS -700 (any version), and IS -800 (any version) and; (2) Professional Development Series (PDS) OR the Emergency Management Professionals Program (EMPP) Basic Academy listed in the chart below. Additional types of training or training related activities include, but are not limited to, the following: • Developing/enhancing systems to monitor training programs • Conducting all hazards emergency management training • Attending National Disaster & Emergency Management University (NDEMU) training or delivering NDEMU train-the-trainercourses • Attending other Department of Homeland Security (DHS) approved emergency management training • State -approved, locally sponsored CERT training • Mass evacuation training at local, state, and tribal levels For training, the number of participants must be a minimum of 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 written 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 15 participants. 42 87 When conducting a training that shall include meals for the attendees, the recipient shall submit a request for approval to the Division no later than 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. 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 ofemergency managers. 2 C.F.R. §200.432 defines the term conference as "a meeting, retreat, seminar, symposium, workshop orevent whose primary purpose is the dissemination of technical information beyond the non -Federal entityand is necessary and reasonable for successful performance under the Federal award." 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 discussionof their common problems and interests. The term also includes similar meetings such as seminars and workshops which are large 43 formal group meetings that are programmed and supervised to accomplish intensive research, study, discussion, and work in some specific field oron 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 thisAgreement. 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, FloridaAdministrative 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 beexpended 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 theagency participating; • The activity provides a direct educational or other benefit supporting the work and public purposeof the person attending; • The duties and responsibilities of the traveler attending such meetings are compatible with theobjectives 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 requiredby 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 mustinclude: • A statement explaining how the expense directly relates to the Recipient's successfulperformance 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 anymeal or lodging included in a convention or conference registration fee paid by the state"). A continentaIbreakfast 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: 89 • Class A travel is continuous travel of 24 hours or more away from official headquarters. The travelday 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 travelperiod. • 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. 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 Atravel on a midnight -to -midnight basis. A traveler on Class A or B travel who elects to be reimbursed on aper 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 asthe result of the Recipient's written travel policy (in other words, the reimbursement rates applyuniformly 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/l 04877). Hotel Accommodations • A traveler may not claim per diem or lodging reimbursement for overnight travel within 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 $225 per night. Training Costs Supporting Documentation 45 90 • Copies of contracts or agreements with consultants providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statementsfor proof of payment. • Copies of the agenda, certificates and/or sign in sheets (if using prepopulated sign in sheets theymust be certified by the Emergency Management Director or Lead Instructor verifying attendance). For travel and conferences related to EMPG 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 Sub -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 Sub -Recipient must provide documentation that: The costs are reasonable and do not exceed charges normally allowed by the Sub -Recipient in its regularoperations as a result of the Sub -Recipient 's written travel policy; and participation of the individual in the travel is necessary to the Federal award. Certain trainings may trigger Environmental Planning and Historic Preservation (EHP) requirements. Please reference the EHP sections in the NOFO and this Agreement for more information. E. Allowable Exercise Related Costs Exercises conducted with grant funds should test and evaluate performance towards meeting capability targets established in a jurisdiction's THIRA for the core capabilities needed to address its greatest risks. Exercise priorities should align to a current Integrated Preparedness Program (IPP) developed through anannual Integrated Preparedness Program Workshop (IPPW). 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. Sub -Recipients are encouraged to use free public space/locations/facilities, whenever available, prior to the rental of space/locations/facilities. Exercises should 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, should be identified in the AAR/IP and addressed in the exercise cycle. • Hiring of Full or Part -Time Staff or Contractors/Consultants. Full or part— time staff 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 ofthe state or FEMA, whichever is applicable. The services of contractors/consultants may also beprocured 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 state or unit(s) of local government and has the approval of the state or FEMA, whichever is 46 91 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 oftime (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 theexercise activities. Supplies. Supplies are items that are expended or consumed during the course of the planningand conduct of the exercise activities (e.g., gloves, non-sterile masks, and disposable protectiveequipment). Other Items. These costs are limited to items consumed in direct support of exercise activitiessuch as the rental of space/locations for planning and conducting an exercise, rental of equipment, and the procurement of other essential nondurable goods. Sub -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 Sub -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 submittedon 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). Theonly vehicle costs that are reimbursable are fuel/gasoline or mileage; • Equipment that is purchased for permanent installation and/or use, beyond the scope of exerciseconduct (e.g., electronic messaging signs); • Durable and non -durable goods purchased for installation and/or use beyond the scope ofexercise conduct. Exercise Costs Supporting Documentation • Copies of contracts, MOUs or agreements with consultants or sub -contractors providing services; • Copies of invoices, receipts and cancelled checks, credit card statements and bank statementsfor proof of payment; • Copies of Exercise Plan (EXPLAN), After -Action Report/Improvement Plan (AAR/IP) and sign in sheets for conducted exercises (if using prepopulated sign in sheets they must be certified by theEmergency Management Director or Lead Exercise Planner verifying attendance). Certain exercises may trigger Environmental Planning and Historic Preservation (EHP) requirements. Please reference the EHP sections in the NOFO and this Agreement for more information. F. Management and Administration No more than 5% of each Sub -Recipient's total award shall be expended on Management and Administration costs. 47 92 • Hiring of full-time or part-time staff or contractors/consultants responsible for activities relating to the management and administration of EMPG funds. Hiring of contractors/consultants shall follow applicable federal procurement requirements at 2 C.F.R. §§ 200.318-200.327. • Meeting -related expenses directly related to M&A of EMPG funds. G. Maintenance and Sustainment The use of DHS/FEMA preparedness grant funds for maintenance contracts, warranties, repair or replacement costs, upgrades, and user fees are allowable, as described in DHS/FEMA Policy FP 205-402-125-1 (Additional guidance is provided in DHS/FEMA Policy FP 205-402-125-1, Maintenance Contracts and Warranty Coverage Funded by Preparedness Grants, located at: http://www.fema.gov/medialibrary/assets/documents/32474, under all active and future grant awards, unless otherwise noted. Preparedness grant funds may be used to purchase maintenance contracts or agreements, warranty coverage, licenses and user fees. These contracts may exceed the period of performance if they are purchased incidental to the original purchase of the system or equipment as long as the original purchase of the system or equipment is consistent with that which is typically provided for, or available through, these types of agreements, warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already -owned piece of equipment system, coverage purchased shall not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this extends to licenses and user fees as well. H. Construction and Renovation EMPG funding shall not be used for construction and renovation projects without prior written approval from the Division and DHS/FEMA. In some cases, the installation of equipment may constitute construction and/or renovation. All Sub -Recipients of EMPG funds shall request and receive approval from the Division and DHS/FEMA before any EMPG funds are used for any construction or renovation. Indirect Facilities & Administrative (F&A) Costs Indirect costs are allowable under this program as described in 2 C.F.R. Part 200, including 2 C.F.R. § 200.414. Sub -Recipients with a current negotiated indirect cost rate agreement that desire to charge indirect costs to an award shall provide a copy of their negotiated indirect cost rate agreement at the time of application. Sub -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 shall provide a copy of their proposal at the time of application. Post -award requests to charge indirect costs shall be considered on a case-by-case basis and based upon the submission of an agreement or proposal as discussed above. Disposition When original or replacement equipment, including excepted and controlled items, acquired under a federal award is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, except as otherwise provided in federal statutes, regulations, or federal awarding agency disposition instructions, the Sub - Recipient shall request disposition instructions from their Grant Manager and the State Administrative Agency (SAA) shall request disposition instructions from federal awarding agency as required by the terms and conditions of the federal award. Excepted or controlled equipment shall not be transferred and shall remain in the possession of the original FEMA grant recipient. The Sub -Recipient shall notify their Grant Manager via email one (1) year in advance of the expiration of the equipment's posted shelf -life or normal life expectancy or when it has been LEI 93 expended. The Sub -Recipient shall notify their Grant Manager immediately if the equipment is destroyed, lost, or stolen. K. Ensuring the Protection of Civil Rights As the Nation works towards achieving the National Preparedness Goal, it is important to continue to protect the civil rights of individuals. Sub -Recipients shall carry out their programs and activities, including those related to the building, sustainment, and delivery of core capabilities, in a manner that respects and ensures the protection of civil rights for protected populations. Federal civil rights statutes, such as Section 308 of the Stafford Act, Section 504 of the Rehabilitation Act of 1973, and Title VI of the Civil Rights Act of 1964, Age Discrimination Act, along with DHS and FEMA regulations, prohibit discrimination on the basis of race, color, national origin, sex, religion, age, disability, limited English proficiency, or economic status in connection with programs and activities receiving federal financial assistance from FEMA. Monitoring and oversight requirements in connection with Sub -Recipient compliance with federal civil rights laws are also authorized pursuant to 44 C.F.R Part 7. In accordance with civil rights laws and regulations, Sub -Recipients shall ensure the consistent and systematic fair, just, and impartial treatment of all individuals, including individuals who belong to underserved communities that have been denied such treatment. L. SAFECOM Emergency communications systems and equipment shall meet applicable SAFECOM Guidance. Sub -Recipients shall coordinate with the Statewide Interoperability Coordinator (SWIC) and the State Interoperability Governing Body (SIGB) to ensure interoperability and long-term compatibility. M. Procurement The purpose of the procurement process is to ensure a fair and reasonable price is paid for the services provided. All procurement transactions shall 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, • Sub -Recipient's local procurement policy. To the extent that one standard is more stringent than another, the Sub -Recipient shall follow the more stringent standard. For example, if a state statute imposes a stricter requirement than a federal regulation, then the Sub -Recipient shall adhere to the requirements of the state statute. The State of Florida procurement policy and procedure is as follows: Amount Documentation Required Up to $2,499 Shall be carried out using good purchasing practices which may include certification of written or telephone quotes $2,500 but less than 35,000 Submit summary of 2 (minimum) written quotes, signed by the vendor representative. > $35,000 For vendors not on STC; submit documentation of Invitation to Bid Process (ITB), Request for Proposal RFP or Intent to Negotiate ITN All Sole Source FDEM pre -approval is required 94 Alternative Commodities or Services available to the State via outside contract Contract Source vehicle. A copy of the executed contract shall be submitted along with additional quotes if GSA 70 or GSA 84. Formal Competitive Solicitations: $35,000 and above and not available on STC include Invitation to Bid (ITB), Request for Proposal (RFP), or Invitation to Negotiate (ITN). Each requires a Scope of Work that meets all statutory requirements and formal posting or publication processes. Subrecipients shall submit their formal solicitation documentation and subsequent vendor selection documentation for approval prior to initiating any work. The Division shall review the solicitation and provide comments, if any, to the Sub -Recipient. Consistent with 2 C.F.R. § 200.325, the Division shall 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 shall not substitute its judgment for that of the Sub -Recipient. While the Sub -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 Sub -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 Sub -Recipient as quickly as possible. If the Sub -Recipient publishes a competitive solicitation after receiving comments from the Division that the solicitation is deficient, then the Division may: • Terminate this Agreement in accordance with the provisions outlined in paragraph (17) above; and, • Refuse to reimburse the Sub -Recipient for any costs associated with that solicitation. Examples of when to use each method: Invitation to Bid: Procurement by sealed bidding is a method where bids are publicly solicited through formal advertising. It is when a Sub -Recipient can establish precise specifications for a commodity or service defining, with specificity, as further outlined in the scope of work. Under this procurement method, the solicitation document used is known as the ITB. Sealed bidding is often utilized when the Sub -Recipient's requirements are known and specific in detail The sealed bid method is the preferred method for procuring construction services and is appropriate when the following conditions are present: • Complete, adequate, and realistic specifications or purchase descriptions are available; • Two or more responsible bidders are willing and able to compete effectively for the business; The Sub -Recipient primarily selects the successful bidder based on price. This includes the price - related factors included within the solicitation. Other than the responsibility determination, the Sub -Recipient shall not select a contractor on the basis of non -price -related factors. 50 95 Sub -Recipients shall publicly advertise the ITB. The precise manner of advertising depends upon the facts and circumstances of the procurement, subject to any applicable state, local, and/or tribal requirements. Sub -Recipients shall solicit bids from an adequate number of known suppliers. The regulation does not provide specific guidance regarding the method for soliciting additional bids or what constitutes an adequate number of qualified sources. These determinations shall be dependent upon the facts and circumstances of the procurement, subject to any relevant state, local, and/or federal requirements. The general requirements for an ITB are as follows: • The ITB shall define the items or services including any specifications and pertinent attachments so potential bidders can properly respond. • The subrecipient shall provide potential bidders sufficient time to prepare and submit bids prior to the date set for bid opening. • All bids shall be opened at the date, time, and location established in the ITB. • After the official bid opening procedures are completed, the subrecipient shall award a contract to the lowest price bid provided by a responsive and responsible bidder. If specified in the bidding documents, the subrecipient may consider discounts, transportation costs, and life cycle costs to determine which bid is the lowest. If using the Sealed Bidding method of procurement, the subrecipient shall document the procurement history. Examples of circumstances under which a subrecipient may reject an individual bid include but are not limited to: • The bid fails to conform to the essential requirements or applicable specifications as outlined in the ITB; • The bid fails to conform to the delivery schedule as outlined in the ITB; • The bid imposes conditions that would modify the requirements as outlined in the ITB; • The Sub -Recipient determines that the bid price is unreasonable; • The bid is submitted by a suspended or debarred vendor; and/or • A bidder fails to furnish a bid guarantee when such a guarantee is required. The contract should then be awarded to the responsible and responsive vendor who submits the lowest responsive bid. The Subrecipient shall also provide a justification letter to the Division supporting their selection. Request for Proposal: Under this procurement method, the solicitation document used is also known as the RFP. Proposals are an acceptable method of procurement when the nature of the procurement does not lend itself to sealed bidding and when a cost -reimbursement contract is appropriate. Through this process, vendors can compete on a cost basis for like items or services. The request for proposals method of procurement is an acceptable method of procurement, where non -state entities cannot base the contract award exclusively on price or price -related factors due to the nature of the service or property to be acquired. Simply put, the Sub -Recipient can describe what it wants to accomplish but the methods or means to accomplish the desired outcome cannot be easily defined. An RFP is appropriate when the following conditions are present: • The Sub -Recipient cannot base the contract award exclusively on price or price - related factors due to the nature or the service or property to be acquired; • The requirements are less definitive, more development work is required, or there is a greater risk of performance; • Technical capability, past performance, and prior experience considerations play a dominant role in source selection; and/or 51 W11 • Separate discussions with individual offerors are expected to be necessary after they have submitted proposals. This is a key distinction from the sealed bidding method of procurement where discussions with individual bidders are prohibited and the contract shall be awarded based on price and price -related factors alone. The Sub -Recipient shall publicize their RFP. The manner of the advertising depends upon the facts and circumstances of the procurement, subject to state, local, and/or tribal requirements. Within the advertisement, the Sub -Recipient shall identify all evaluation factors and their relative importance. The following provides several considerations for developing evaluation factors: • The evaluation factors for a specific procurement should reflect the subject matter and elements that are most important to the Sub -Recipient. • The evaluation factors may include such things as technical design, technical approach, length of delivery schedules, past performance, and quality of proposed personnel. • The Sub -Recipient may use any one or a combination of source selection approaches as permitted under state, local, and/or tribal laws, regulations, and procedures, and these approaches will often differ based on the relative importance of price or cost for the procurement. • If permitted by the Sub -Recipient, written procurement procedures, and applicable state, local, and/or tribal law, the Sub -Recipient may award a contract to the offeror whose proposal offers the "best value" to the Sub -Recipient. The solicitation shall also inform potential offerors that the award shall be made on a "best value" basis, which should include a statement that the Sub -Recipient reserves the right to award the contract to other than the lowest -priced offeror. • The RFP shall identify evaluation factors and their relative importance; however, they need not disclose numerical or percentage ratings or weights. • FEMA does not require any specific evaluation factors or analytic process, but the evaluation factors shall support the purposes of the grant or cooperative agreement. The Sub -Recipient shall consider any response to a publicized request for proposals to the maximum extent practical. In addition to publicizing the request for proposals, non -state entities shall solicit proposals from an adequate number of offerors, providing them with sufficient response time before the date set for the receipt of proposals. Determining an adequate number of sources shall depend upon the facts and circumstances of the procurement, subject to relevant state, local, and/or tribal requirements. The Sub -Recipient shall have a written method for conducting their technical evaluations of the proposals received and for selecting offerors. When evaluating proposals, FEMA expects the Sub -Recipient to consider all evaluation factors specified in its solicitation documents and evaluate offers only on the evaluation factors included in the solicitation documents. A Sub - Recipient shall not modify its evaluation factors after proposals have been submitted without re- opening the solicitation. In awarding a contract that will include options, FEMA expects the Sub - Recipient to evaluate proposals for any option quantities or periods contained in the solicitation if it intends to exercise those options after the contract is awarded. The contract shall be awarded to the responsible offeror whose proposal is most advantageous to the program with price and other factors considered. Invitation to Neqotiate: If the Sub -Recipient has determined that an ITB or an RFP will not result in the best value, the Sub -Recipient may procure commodities and contractual services using the ITN process. The procurement file shall be documented to support why an ITB and a RFP will not result in best value (287.057(1)(c), Florida Statutes). Contracts that exceed $1 million require a Florida Certified Contract Negotiator. Contracts more than $10 million in any fiscal year, requires a Project Management Professional on the team. 52 97 Formal competitive solicitation postings or publication on an organization's website shall not be accepted as it discourages true competition. Effective FY2023 such postings shall be via a public forum for example the Florida Administrative Registry, local newspaper, etc. The Division shall pre -approve all scopes of work for projects funded under this agreement. Also to receive reimbursement from the Division, the Sub -Recipient shall provide the Division with a suspension and debarment form for each vendor that performed work under the agreement. Furthermore, if requested by the Division, the Sub -Recipient shall provide copies of solicitation documents including responses and justification of vendor selection. Contracts may include: State Term Contract: A State Term Contract is a contract that is competitively procured by the Division of State Purchasing for selected products and services for use by agencies and eligible users. Florida agencies and eligible users may use a request for quote to obtain written pricing or services information from a state term contact vendor for commodities or contractual services available on a state term contract from that vendor. Use of state term contracts is mandatory for Florida agencies in accordance with section 287.056, Florida Statutes. Alternate Contract Source: An Alternate Contract Source is a contract let by a federal, state, or local government that has been approved by the Department of Management Services, based on a determination that the contract is cost-effective and in the best interest of the state, for use by one or all Florida agencies for purchases, without the requirement of competitive procurement. Alternate contract sources are authorized by subsection 287.042(16), Florida Statutes, as implemented by Rule 60A-1.045, Florida Administrative Code. General Services Administration Schedules: The General Services Administration (GSA) is an independent agency of the United States Government. States, tribes, and local governments, and any instrumentality thereof (such as local education agencies or institutions of higher education) may participate in the GSA Cooperative Purchasing Program.). Refer to the appropriate GSA Schedule for additional requirements. N. Piggybacking The practice of procurement by one agency using the agreement of another agency is called piggybacking. The ability to piggyback onto an existing contract is not unlimited. The Sub - Recipient's written procurement policy shall be submitted to the Division and shall allow for piggybacking. The existing contract shall contain language or other legal authority authorizing third parties to make purchases from the contract with the vendor's consent. The terms and conditions of the new contract, including the Scope of Work, shall be substantially the same as those of the existing contract and approved by the Division. The piggyback contract shall not exceed the existing contract in scope or volume of goods or services. A Sub -Recipient shall not use the preexisting contract merely as a "basis to begin negotiations" for a broader or materially different contract. Section 215.971, Florida Statutes Statutory changes enacted by the Legislature impose additional requirements on grant and Sub - Recipient agreements funded with federal or state financial assistance. Section 215.971(1) states: An agency agreement that provides state financial assistance to a Recipient or Sub -Recipient, as those terms are defined in section215.97, Florida Statutes, or that provides federal financial assistance to a Sub -Recipient, as defined by applicable United States Office of Management and Budget circulars, shall include all of the following: 53 98 • A provision specifying a Scope of Work that clearly establishes the tasks that the Recipient or Sub -Recipient is required to perform. • A provision dividing the agreement into quantifiable units of deliverables that shall be received and accepted in writing by the agency before payment. Each deliverable shall 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. A provision specifying the financial consequences that apply if the Recipient or Sub - Recipient fails to perform the minimum level of service required by the agreement. The provision can be excluded from the agreement only if financial consequences are prohibited by the federal agency awarding the grant. Funds refunded to a state agency from a Recipient or Sub -Recipient for failure to perform as required under the agreement may be expended only in direct support of the program from which the agreement originated. • A provision specifying that a Recipient or Sub -Recipient of federal or state financial assistance may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. • A provision specifying that any balance of unobligated funds which has been advanced or paid shall be refunded to the state agency. • A provision specifying that any funds paid in excess of the amount to which the Recipient or Sub -Recipient is entitled under the terms and conditions of the agreement shall be refunded to the state agency. • Any additional information required pursuant to s. 215.97. O. Unallowable Procurement Practices Noncompetitive Pricing Practices: Noncompetitive pricing practices between firms or between affiliated companies are prohibited. Subrecipients shall undertake reasonable efforts to ensure that prospective vendors have not engaged in noncompetitive pricing practices when responding to a solicitation, and that they themselves have not when soliciting vendors. If noncompetitive pricing practices are identified, the activity shall be reported to the Division. Below are common noncompetitive pricing practices: • Bid rigging: Occurs when conspiring competitors raise prices under a process where a purchaser acquires goods or services by soliciting competing bids. Competitors agree in advance who will submit the lowest priced or winning bid on a contract. Bid rigging takes many forms, but conspiracies usually fall into one or more of the following categories: bid suppression, complementary bidding, and bid rotation. • Bid suppression: Where one or more competitor(s), who otherwise would be expected to bid or who have previously bid, agree to refrain from bidding or withdraw a previously submitted bid so that the designated winning competitor's bid will be accepted. Complementary bidding: Also known as "cover" or "courtesy" bidding, occurs when some competitors agree to submit bids that are either too high to be accepted or contain special terms that will not be acceptable to the buyer. Such bids are not intended to secure the buyer's acceptance but are merely designed to give the appearance of genuine competitive bidding while making the designated winning competitor's bid appear most attractive. Complementary bidding schemes are a frequent form of bid rigging. They defraud purchasers by creating the appearance of competition to conceal secretly inflated prices. 6Y! 99 • Bid rotation: A scheme where all conspirators submit bids but take turns being the lowest bidder. The terms of the rotation may vary. For example, competitors may take turns on contracts according to the size of the contract, allocating equal amounts to each conspirator, or allocating volumes that correspond to the size of each conspirator company. P. Unique Entity Identifier (UEI) and System for Award Management (SAM) Sub -Recipients for this award shall: • Be registered in SAM; • Provide a valid DUNS number; and • Continue to maintain an active UEI with current information at all times during which it has an active federal award. Q. Reporting Requirements 1. Quarterly Programmatic Reporting: The Quarterly Programmatic Report is due within thirty (30) days after the end of the reporting periods (March 31, June 30, September 30, and December 31) for the life of this contract. • If a report(s) is delinquent, future financial reimbursements shall be withheld until the Sub -Recipient's reporting is current. • If a report goes three (3) consecutive quarters from date of execution without the Sub - Recipient reflecting any activity and/or expenditures it shall result in the issuance of a noncompliance letter, and a written justification shall then be provided. o Based on the Division's determination, the Sub -Recipient shall have thirty (30) days to submit a letter of appeal to the Division. o Sub -Recipients shall only be allowed one opportunity to appeal. o If the appeal is denied, or if there is no response to the notification of noncompliance, the Sub -Recipient's funds shall be terminated. • If a report goes four (4) consecutive quarters from date of execution without the Sub - Recipient reflecting any activity and/or expenditures, it shall result in termination of the agreement. Programmatic Reporting Schedule Reporting Period Report due to FDEM no later than January 1 through March 31 Aril 30 April 1 through June 30 July 31 July 1 through September 30 October 31 October 1 through December 31 January 31 Programmatic Reporting- Biannual Strategic Implementation Report (BSIR): After the end of each reporting period, for the life of the contract unless directed otherwise, the Division, shall complete the Biannual Strategic Implementation Report in the Grants Reporting Tool (GRT) https://www.reporting.odp.dhs.gov. The reporting periods are January 1 -June, July 1 -December 31. Data entry is scheduled for December 1 and June 1 respectively. Future awards and reimbursement may be withheld if these reports are delinquent. 55 100 3. Reimbursement Requests: A request for reimbursement may be sent to your grant manager for review and approval at any time during the contract period. Reimbursements shall be requested within ninety (90) calendar days of expenditure of funds, and quarterly at a minimum. Failure to submit request for reimbursement within ninety (90) calendar days of expenditure shall result in denial of reimbursement. The Sub -Recipient should include the category's corresponding line -item number in the "Detail of Claims" form. This number can be found in the "Proposed Program Budget". A line -item number is to be included for every dollar amount listed in the "Detail of Claims" form. 4. Close-out Programmatic Reporting: The Close-out Report is due to the Florida Division of Emergency Management no later than sixty (60) calendar days after the agreement is either completed or the agreement has expired. Administrative Closeout 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. The Division shall make three (3) written attempts to collect required information before initiating an administrative closeout. If an award is administratively closed, the Division 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 awards. R. Period of Performance (POP) Extensions An extension to the period of performance identified in the agreement is allowable under limited circumstances and shall only be considered through formal, written requests to the Division. All extension requests shall contain specific and compelling justifications as to why an extension is required, and shall address the following: 1. The grant program, fiscal year, and agreement number; 2. Reason for the delay—including details of the legal, policy, or operational challenges that prevent the final expenditure of awarded funds by the deadline; 3. Current status of project activity; 4. Requested POP termination date and new project completion date; 5. Amount of funds reimbursed to date; 6. Remaining available funds; 7. Budget outlining how the remaining funds shall be expended; 8. Plan for completion, including milestones and timeframes for achieving each milestone and the position or person responsible for implementing the plan for completion; and 9. Certification that the activity(ies) shall be completed within the extended POP without any modification to the original statement of work, as described in the investment justification and as approved by FEMA. Extension requests are typically granted for no more than a six (6) month period, and shall be granted only due to compelling legal, policy, or operational challenges. Extension requests shall only be considered for the following reasons: • Contractual commitments by the recipient or Sub -Recipient with vendors prevent completion of the project within the existing POP; • The project shall undergo a complex environmental review that cannot be completed within the existing POP; 6TA 101 • Projects are long-term by design, and therefore acceleration would compromise core programmatic goals; or • Where other special or extenuating circumstances exist. Subrecipient's shall be limited to one (1) extension over the grant period of performance. Extension requests shall not be considered within the last one hundred eighty (180) days of the grant period of performance. S. Programmatic Point of Contact Contractual Point of Contact Programmatic Point of Contact Tamisha Jenkins Teresa Warner FDEM FDEM 2555 Shumard Oak Blvd. 2555 Shumard Oak Blvd. Tallahassee, FL 32399-2100 Tallahassee, FL 32399-2100 (850) 815-4367 (850) 815-4351 Tamisha.Jenkins@em.myflorida.com teresa.warner@em.myflorida.com T. Contractual Responsibilities • The Division shall determine eligibility of projects and approve changes in Scope of Work. • The Division shall administer the financial processes. U. Failure to Comply • Failure to comply with any of the provisions outlined above shall result in disallowance of reimbursement for expenditures. 57 102 ATTACHMENT D Program Statutes and Regulations 1) Age Discrimination Act of 1975 42 U.S.C. § 6101 et seq. 2) Americans with Disabilities Act of 1990 42 U.S.C. § 12101-12213 3) Chapter 473, Florida Statutes 4) Chapter 215, Florida Statutes 5) Chapter 252, Florida Statutes 6) Title VI of the Civil Rights Act of 1964 42 U.S.C. § 2000 et seq. 7) Title VIII of the Civil Rights Acts of 1968 42 U.S.C. § 3601 et seq. 8) Copyright notice 17 U.S.C. §§ 401 or 402 9) Assurances, Administrative Requirements, Cost Principles, Representations and Certifications 2 C.F.R. Part 200 10) Debarment and Suspension Executive Orders 12549 and 12689 11) Drug Free Workplace Act of 1988 41 U.S.C. § 701 et seq. 12) Duplication of Benefits 2 C.F.R. Part 200, Subpart E 13) Energy Policy and Conservation Act 42 U.S.C. § 6201 et seq. 14) False Claims Act and Program Fraud Civil Remedies 31 U.S.C. § 3729-3733 also 31 U.S.C. § 3801-3812 15) Fly America Act of 1974 49 U.S.C. § 41102 also 49 U.S.C. § 40118 16) Hotel and Motel Fire Safety Act of 1990 15 U.S.C. § 2225a 17) Lobbying Prohibitions 31 U.S.C. § 1352 18) Patents and Intellectual Property Rights 35 U.S.C. § 200 et seq. 19) Procurement of Recovered Materials section 6002 of Solid Waste Disposal Act 20) Terrorist Financing Executive Order 13224 21) Title IX of the Education Amendments of 1972 (Equal Opportunity in Education Act) 20 U.S.C. § 1681 et seq. 22) Trafficking Victims Protection Act of 2000 22 U.S.C. § 7104 23) Rehabilitation Act of 1973 Section 504, 29 U.S.C. § 794 24) USA Patriot Act of 2001 18 U.S.C. § 175-172c 25) Whistleblower Protection Act 10 U.S.C. § 2409, 41 US.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310 26) 53 Federal Register 8034 27) Rule Chapters 27P-6, 27P-11, and 27P-19, Florida Administrative Code 28) Section 287.138, Florida Statutes 103 ATTACHMENT E JUSTIFICATION OF ADVANCE PAYMENT SUB -RECIPIENT: Requests for an advance shall be submitted at the time of agreement execution or approval of the EHP, if required. If you are requesting an advance, indicate same by checking the box below and completing the Estimated Expenses table. [ ] ADVANCE REQUESTED (Maximum request amount may not exceed fifty percent.) Advance payment of $ is requested. Balance of payments will be made on a reimbursement basis. This advance will be used on equipment specific projects within the budget of the agreement. We would not be able to operate the program without this advance. ESTIMATED EXPENSES Project Days to complete Funding amount requested LINE -ITEM JUSTIFICATION (For each line item, provide a detailed justification explaining the need for the cash advance. The justification shall include supporting documentation that clearly shows the advance shall be expended within the first ninety (90) days of the contract term or approval of the EHP, if required. 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 justification. Any advance funds not expended within the specified timeframe shall be returned to the Division Cashier, 2555 Shumard Oak Boulevard, Tallahassee, Florida 32399, within thirty (30) days, along with any interest earned on the advance) *REQUESTS FOR ADVANCE PAYMENTS SHALL BE CONSIDERED ON A CASE-BY-CASE BASIS* **EHP SHALL BE COMPLETED AND APPROVED BY FEMA PRIOR TO ADVANCE** Signature of Sub -Recipient Name and Title of Sub -Recipient Date: ATTACHMENT F WARRANTIES AND REPRESENTATIONS 59 104 Financial Management The Sub -Recipient's financial management system shall comply with 2 C.F.R. § 200.302. Procurements Any procurement undertaken with funds authorized by this Agreement shall comply with the requirements of 2 C.F.R. § 200, Part D—Post Federal Award Requirements—Procurement Standards (2 C.F.R. §§ 200.318 through 200.327). Business Hours The Sub -Recipient shall have its offices open for business, with the entrance door open to the all current licenses and cipient. 105 ATTACHMENT G CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION Subcontractor Covered Transactions The prospective subcontractor, , of the Sub -Recipient certifies, by submission of this document, that neither it, its principals, nor its affiliates are presently debarred, suspended, proposed for debarment, declared ineligible, voluntarily excluded, or disqualified from participation in this transaction by any federal department or agency. SUB -CONTRACTOR: By: Signature Name and Title Street Address City, State, Zip Date Sub -Recipient's Name FDEM Agreement Number 61 106 ATTACHMENT H STATEMENT OF ASSURANCES All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All Sub -Recipients shall comply with any such requirements set forth in the program NOFO. All Sub -Recipients who receive awards made under programs that prohibit supplanting by law shall ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources. All Sub -Recipients shall acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. Any cost allocable to a particular federal award provided for in 2 C.F.R. Part 200, Subpart E shall not be charged to other federal awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or terms and conditions of the federal awards, or for other reasons. However, this prohibition would not preclude a Sub -Recipient from shifting costs that are allowable under two or more federal awards in accordance with existing federal statutes, regulations, or the terms and conditions of the federal award. Sub -Recipients are required to comply with the requirements set forth in the government -wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which incorporated here by reference in the terms and conditions of your award. All Sub -Recipients shall acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. 1. Sub -Recipient shall cooperate with any compliance review or compliant investigation conducted by the State Administrative Agency or DHS. 2. Sub -Recipient shall give the State Administrative Agency, DHS or through any authorized representative, access to and the right to examine and copy, records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance. 3. Sub -Recipient shall submit timely, complete, and accurate reports to the Division and maintain appropriate backup documentation to support the reports. Sub -Recipients shall also comply with all other special reporting, data collection and evaluation requirements, as prescribed by law or detailed in program guidance. 4. Sub -Recipient shall acknowledge their use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds. 5. Sub -Recipient who receives awards made under programs that provide emergency communications equipment and its related activities shall comply with SAFECOM Guidance for Emergency Communications Grants, including provisions on technical standards that ensure and enhance interoperable communications. 6. When original or replacement equipment acquired under this award by the Sub -Recipient is no longer needed for the original project or program or for other activities currently or previously 62 107 supported by DHS/FEMA, you shall request instructions from the Division to make proper disposition of the equipment pursuant to 2 C.F.R. § 200.313. DHS/FEMA funded activities that may require an EHP review are subject to FEMA's Environmental Planning and Historic Preservation (EHP) review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires recipient to comply with all federal, state, and local laws. Failure to obtain all appropriate federal, state, and local environmental permits and clearances may jeopardize federal funding. If ground disturbing activities occur during construction, applicant shall monitor ground disturbance, and if any potential archeological resources are discovered, applicant shall immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA. 8. Sub -Recipients are required to comply with the Build America, Buy America Act (BABAA), which was enacted as part of the Infrastructure Investment and Jobs Act Sections 70901- 70927, Pub. L. No. 117-58 (2021); and Executive Order 14005, Ensuring the Future is Made in All of America by All of America's Workers. 9. Sub -Recipient shall comply with the applicable provisions of the following laws and policies prohibiting discrimination: a. Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination based on race, color, or national origin (including limited English proficiency). b. Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination based on disability. c. Title IX of the Education Amendments Act of 1972, as amended, which prohibits discrimination based on sex in education programs or activities. d. Age Discrimination Act of 1975, which prohibits discrimination based on age. e. U.S. Department of Homeland Security regulation 6 C.F.R. Part 19, which prohibits discrimination based on religion in social service programs. 63 108 ATTACHMENT MANDATORY CONTRACT PROVISIONS Provisions: Any contract or subcontract funded by this Agreement shall contain the applicable provisions outlined in Appendix II to 2 C.F.R. Part 200. It is the responsibility of the Sub -Recipient to include the required provisions. The following is a list of sample provisions from Appendix II to 2 C.F.R. Part 200 that may be required:' Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal Awards In addition to other provisions required by the federal agency or non-federal entity, all contracts made by the non-federal entity under the federal award shall contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, shall address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of $10,000 shall address termination for cause and for convenience by the non-federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of "federally assisted construction contract' in 41 CFR Part 60-1.3 shall include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D) Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-federal entities shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The non-federal entity shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract shall be conditioned upon the acceptance of the wage determination. The non-federal entity shall report all suspected or reported violations to the federal awarding agency. The contracts shall also include a provision for compliance with the Copeland "Anti - Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or Sub -Recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non- federal entity shall report all suspected or reported violations to the federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. § 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a ' For example, the Davis -Bacon Act is not applicable to other FEMA grant and cooperative agreement programs, including the Public Assistance Program or Hazard Mitigation Grant Program; however, Sub - Recipient may include the provision in its subcontracts. 64 109 standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. (F) Rights to Inventions Made Under a Contract or Agreement. If the federal award meets the definition of "funding agreement" under 37 CFR § 401.2(a) and the recipient or Sub -Recipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or Sub -Recipient shall comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. §§ 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of $150,000 shall contain a provision that requires the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. §§ 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). Violations shall be reported to the federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR § 180.220) shall not be made to parties listed on the governmentwide Excluded Parties List System in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension." The Excluded Parties List System in SAM contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (1) Byrd Anti -Lobbying Amendment (31 U.S.C. § 1352)—Contractors that apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it shall not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. (J) See 2 C.F.R. § 200.323 Procurement of recovered materials. (K) See 2 C.F.R. § 200.216 Prohibition on certain telecommunication and video surveillance services or equipment. (L) See 2 C.F.R. § 200.322 Domestic preferences for procurements (Appendix II to Part 200, Revised Eff. 11/12/2020). Please note that the Sub -Recipient alone is responsible for ensuring that all language included in its contracts meets the requirements of 2 C.F.R. § 200.327 and 2 C.F.R. Part 200, Appendix II. ATTACHMENT J FINANCIAL AND PROGRAM MONITORING GUIDELINES Florida has enhanced state and local capability and capacity to prevent, prepare and respond to terrorist threats since 1999 through various funding sources including federal grant funds. The Division has a responsibility to track and monitor the status of grant activity and items purchased to ensure compliance with applicable Emergency Management Performance Grant (EMPG) Program grant guidance and statutory regulations. The monitoring process is designed to assess a Sub -Recipient agency's compliance with applicable state and federal guidelines. 65 110 Monitoring is accomplished utilizing various methods including desk monitoring and on-site visits. There are two primary areas reviewed during monitoring activities - financial and programmatic monitoring. Financial monitoring primarily focuses on statutory and regulatory compliance with administrative grant requirements. It involves the review of records associated with the purchase and disposition of property, projects and contracts. Programmatic monitoring seeks to validate and assist in the grant progress, targeting issues that may be hindering project goals and ensuring compliance with the purpose of the grant and overall grant program. Programmatic monitoring involves the observation of equipment purchased, protocols and other associated records. Various levels of financial and programmatic review may be accomplished during the monitoring process. Pursuant to 2 C.F.R. § 200.337, the Division has the right, at all reasonable times, to make site visits or conduct desk reviews to review project accomplishments and management control systems to review award progress and to provide any required technical assistance. During site visits or desk reviews, The Division shall review recipients' files related to the award. As part of any monitoring and program evaluation activities, recipients shall permit the Division, upon reasonable notice, to review grant -related records and to interview the organization's staff and contractors regarding the program. Recipients shall respond in a timely and accurate manner to the Division's requests for information relating to the award. Monitoring Selection and Scheduling: Each year the Division shall conduct monitoring based on a "Risk Assessment". The risk assessment tool is used to help in determining the priority of Sub -Recipients that should be reviewed and the level of monitoring that should be performed. Note that although a given grant may be closed, it is still subject to either desk or on-site monitoring for a five (5) year period following closure. Areas that shall be examined inc • Management and administrative procedures; • Grant folder maintenance; Equipment accountability and sub -hand receipt procedures; • Program for obsolescence; Status of equipment purchases; Status of training for purchased equipment; • Status and number of response trainings conducted to include number trained; • Status and number of exercises; Status of planning activity; Anticipated projected completion; • Difficulties encountered in completing projects; • Agency NIMS/ICS compliance documentation; • Equal Employment Opportunity (EEO Status); • Procurement Policy The Division may request additional monitoring/information of the activity, or lack thereof, generates questions from the region, the sponsoring agency or the Division's leadership. The method of gathering this information shall be determined on a case-by-case basis. Monitoring Activities: Desk reviews and site visits are two forms of monitoring. Desk monitoring is the review of projects, financial activity and technical assistance between the Division and the applicant via e-mail and telephone. On-site monitoring are actual visits to the Sub -Recipient agencies by Division representatives who examines records, procedures and equipment. Desk monitoring is an on-going process. Sub -Recipients shall be required to participate in desk top monitoring as determined by the Division. This contact shall provide an opportunity to identify the need 111 for technical assistance (TA) and/or a site visit if the Division determines that a Sub -Recipient is having difficulty completing their project. As difficulties/deficiencies are identified, the respective region or sponsoring agency shall be notified by the program office via email. Information shall include the grant Sub -Recipient agency name, year and project description and the nature of the issue in question. Many of the issues that arise may be resolved at the regional or sponsoring agency level. Issues that require further TA shall be referred to the division for assistance. Examples of TA include but are not limited to: • Equipment selection or available vendors • Eligibility of items or services • Coordination and partnership with other agencies within or outside the region or discipline • Record Keeping • Reporting Requirements • Documentation in support of a Request for Reimbursement On-site monitoring shall be conducted by the Division or designated personnel. On-site monitoring visits shall be scheduled in advance with the Sub -Recipient agency POC designated in the grant agreement. The Division shall also conduct coordinated financial and grant file monitoring. Subject matter experts from other agencies within the region or state may be called upon to assist in the form of a peer review as needed. On -Site Monitoring Protocol On-site monitoring visits shall begin with those grantees that are currently spending or have completed spending for that federal fiscal year (FFY). Site visits may be combined when geographically convenient. There is a financial/ programmatic On-site monitoring checklist to assist in the completion of all required tasks. Site Visit Preparation A letter shall be sent to the Sub -Recipient agency Point of Contact (POC) outlining the date, time and purpose of the site visit before the planned arrival date. The appointment shall be confirmed with the grantee in writing (email is acceptable) and documented in the grantee folder. The physical location of any equipment located at an alternate site should be confirmed with a representative from that location and the address should be documented in the grantee folder before the site visit. On -Site Monitoring Visit Once Division personnel have arrived at the site, an orientation conference shall be conducted. During this time, the purpose of the site visit and the items the Division intends to examine shall be identified. All objectives of the site visit shall be explained during this time. Division personnel shall review all files and supporting documentation. Once the supporting documentation has been reviewed, a tour/visual/spot inspection of equipment shall be conducted. Each item selected for review shall be visually inspected whenever possible. Larger items (computers, response vehicles, etc.) shall have an asset decal (information/serial number) placed in a prominent location on each piece of equipment as per Sub -Recipient agency requirements. The serial number shall correspond with the appropriate receipt to confirm purchase. Photographs shall be taken of the equipment (large capital expenditures in excess of $1,000. per item). If an item is not available (being used during time of the site visit), the appropriate documentation shall be provided to account for that particular piece of equipment. Other programmatic issues can be discussed 112 at this time, such as missing quarterly reports, payment voucher/reimbursement, equipment, questions, etc. Post Monitoring Visit Division personnel shall review the On-site monitoring worksheets and backup documentation as a team and discuss the events of the On-site monitoring. Within forty-five (45) calendar days of the site visit, a post monitoring letter shall be generated and sent to the grantee explaining any issues and corrective actions required or commendations. Should issues or findings be identified, a noncompliance letter to that effect shall be generated and sent to the Sub - Recipient. The Sub -Recipient shall submit a Corrective Action Plan (CAP) within a timeframe as determined by the Division. Noncompliance on behalf of sub -grantees is resolved by management under the terms of the Sub -Grant Agreement. The On-site monitoring report and all back up documentation shall then be included in the Sub -Recipient's file. Monitoring Responsibilities of Pass-thru Entities Sub -Recipients who are pass-through entities are responsible for monitoring their Sub -Recipients in a manner consistent with the terms of the Federal award at 2 C.F.R. Part 200, including 2 C.F.R. § 200.332. This includes the pass-through entity's responsibility to monitor the activities of the Sub - Recipient as necessary to ensure that the subaward is used for authorized purposes, in compliance with federal statutes, regulations, and the terms and conditions of the subaward; and that subaward performance goals are achieved. Sub -Recipient responsibilities also include but are not limited to: accounting of receipts and expenditures, cash management, maintaining adequate financial records, reporting and refunding expenditures disallowed by audits, monitoring if acting as a pass-through entity, other assessments and reviews, and ensuring overall compliance with the terms and conditions of the award or subaward, as applicable, including the terms of 2 C.F.R. Part 200. [Remainder of page intentionally left blank] ATTACHMENT K EHP GUIDELINES ENVIRONMENTAL PLANNING $ HISTORIC PRESERVATION (EHP) COMPLIANCE GUIDELINES As a federal agency, FEMA is required to consider the effects of its actions on the environment and/or historic properties to ensure that all activities and programs funded by the agency, including grants - funded projects, comply with federal EHP regulations, laws and Executive Orders as applicable. Sub - Recipient's proposing projects that have the potential to impact the environment, including but not limited to construction of communication towers, modification or renovation of existing buildings, structures and facilities, or new construction including replacement of facilities, must participate in the FEMA EHP review process. The EHP review process involves the submission of a detailed project description that explains the goals and objectives of the proposed project along with supporting documentation so that FEMA may determine whether the proposed project has the potential to impact environmental resources and/or historic properties. In some cases, FEMA also is required to consult with other regulatory agencies and the public in order to complete the review process. The EHP review process must be completed and approved before funds are released to carry out the proposed project. FEMA will not fund projects that are initiated without the required EHP review. .: 113 Additionally, all Sub -Recipients are required to comply with DHS/FEMA EHP Policy Guidance, FEMA Policy #108-023-1. Some training and exercise activities require Environmental and Historic Preservation (EHP) Review, including exercises, drills or trainings that require any type of land, water, or vegetation disturbance or building of temporary structures or that are not located at facilities designed to conduct training and exercises. A thorough, detailed description of projects listed under these categories shall be required in order to determine allowability. Additional information on training requirements and EHP review can be found online at Environmental & Historic Preservation Guidance for FEMA Grant Applications FEMA.gov. Once the grant agreement has been executed by both parties the EHP Screening Form shall be submitted to the Division within forty-five (45) days. EHP SCREENING FORM SUBMISSION For projects requiring EHP review, the Sub -Recipient shall submit the EHP Screening Form to the State Administrative Agency (SAA) for review prior to funds being expended. The SAA Point of Contact for EHP review is: Mr. Terence Blakely Bureau of Preparedness Grants — EMPG Programmatic Manager 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 Telephone: 850-815-4367 Terence. Blakely(cDem.myflorida.com The SAA POC shall forward EHP Screening Forms to DHS/FEMA for review and approval. III. Sub -Recipient's shall receive written approval from the SAA prior to the use of grant funds for project implementation. THE PROJECT SHALL NOT BEGIN UNTIL FINAL FEMA APPROVAL IS RECEIVED. 114 ATTACHMENT L REIMBURSEMENT CHECKLIST PLANNING ❑ 1. Does the amount billed by consultant add up correctly? ❑ 2. Has all appropriate documentation to denote hours worked been properly signed? ❑ 3. Have copies of all planning materials and work product (e.g. meeting documents, copies of plans) been included? (Note - If a meeting was held by Sub -Recipient or contractor/consultant of Sub - Recipient, an agenda and signup sheet with meeting date ❑ 4. Has the zero dollar invoice and signed from the consul tant/contractor been included? ❑ 5. Has proof of payment been included? Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement ❑ 6. Has Attachment G (found within Agreement with FDEM) been completed for this contractor/consultant and included in the reimbursement package? ❑ 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source State Contract (page showing contract #, price list) Competitive bid results (e.g., Quote, bid tabulation page) Consultants/Contractors (Note: this applies to contractors also billed under Organization) TRAINING 1. Is the course DHS approved? 2. Is there a course or catalog number? 3. If not, has FDEM approved the non -DHS training? 4. Have Sign -In Sheets, Rosters and Agenda been provided? 5. If billing for overtime and/or backfill, has documentation been provided that lists attendee names, department, # of hours spent at training, hourly rate and total amount paid to each attendee? Have documentation from entity's financial system been provided as proof attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? 6. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for whom training reimbursement costs are being sought? 7. Have any expenditures occurred in support of the training such as printing costs, costs related to administering the training, planning, scheduling, facilities, materials and supplies, reproduction of materials, and equipment? If so, receipts and proof of payment shall be submitted. Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation 70 115 EXERCISE Credit Card Statement & payment to credit card company for that statement 8. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source State Contract (page showing contract #, price list) Competitive bid results (e.g., Quote, bid tabulation page) 1. Has documentation been provided on the purpose/objectives of the exercise? Situation Manual or Exercise Plan After -action report Sign -in sheets or roster 2. If exercise has been conducted are the following included: After -action report Sign -in sheets Agenda Rosters 3. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? ❑ 4. Have the names on the sign -in sheets been cross-referenced with the names of the individuals for whom exercise reimbursement costs are being sought? ❑ 5. Have any expenditures occurred on supplies (e.g., copying paper, gloves, tape, etc) in support of the exercise? If so, receipts and proof of payment shall be included. Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement 6. Have any expenditures occurred on rental of space/locations for exercises planning and conduct, exercise signs, badges, etc.? If so, receipts and proof of payment shall be included. Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement ❑ 7. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source State Contract (page showing contract #, price list) Competitive bid results (e.g., Quote, bid tabulation page) EQUIPMENT ❑ 1. Has the zero dollar invoice and signed from the consultant/contractor been include? ❑ 2. Has an AEL # been identified for each purchase? 71 116 ❑ 3. If service/warranty expenses are listed, are they only for the performance period of the grant? ❑ 4. Has proof of payment been included? Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank) Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement 5. If EHP form needed, has a copy of the approval DHS been included? ❑ 6. Has proof of purchase methodology been included? Please see Form 5 of Reporting Forms or Purchasing Basics Attachment if further clarity is needed. Sole Source State Contract (page showing contract #, price list) Competitive bid results (e.g., Quote, bid tabulation page) TRAVEL/CONFERENCES 1. Have all receipts been turned in, itemized and do the dates on the receipts match travel dates? Airplane receipts Proof of mileage (Google or Yahoo map printout or mileage log) Toll and/or Parking receipts Hotel receipts (is there a zero balance?) Car rental receipts Registration fee receipts Note: Make sure that meals paid for by conference are not included in per diem amount E2. If travel is a conference has the conference agenda been included? El 3. Has proof of payment to traveler been included? Canceled check, bank statement or transaction history (Showing the transaction was processed by the bank Electronic Funds Transfer (EFT) Confirmation Credit Card Statement & payment to credit card company for that statement Copy of paycheck if reimbursed through payroll SALARY POSITIONS 1. Has a signed timesheet by employee and supervisor been included? Timesheet shall certify the hours and information presented as true and correct. 2. Has proof for time worked by the employee been included? Is time period summary included? Statement of Earnings Copy of Payroll Check Payroll Register For fusion center analysts, have the certification documents been provided to the Division to demonstrate compliance with training and experience standards? For fusion center analysts, has documentation of PPR submission via the annual Fusion Center Assessment been provided to the Division to demonstrate compliance with performance measurement requirements? ORGANIZATION 1. If billing for overtime and backfill, has a spreadsheet been provided that lists attendee names, department, # of hours spent at exercise, hourly rate and total paid to each attendee? Have documentation from entity's financial system been provided to prove attendees were paid? 72 117 For backfill, has a clear delineation/cross reference been provided showing who was backfilling who? For Contract Security has time & effort documentation been submitted? Is a time period summary included? (Signed & certified timesheets reflecting the name and number of hours spent) **A signed contract between subrecipient and vendor shall be provided that outlines the agreement — number of officers, hourly rate, frequency, price, etc...) FOR ALL REIMBURSEMENTS - THE FINAL CHECK 1. Have all relevant forms been completed and included with each request for reimbursement (including Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 73 118 Daily Activity Reports for OPSG)? 2. Have the costs incurred been charged to the appropriate POETE category? ❑ 3. Does the total on all Forms submitted match? ❑ 4. Do all quotes and invoices from the selected vendor provide a legible signature from vendor? ❑ 5. Do all paid invoices show a $0.00 balance? ❑ 6. Has Reimbursement Form been signed by the Grant Manager and Financial Officer? ❑ 7. Has the reimbursement package been entered into Sub -Recipients records/spreadsheet? ❑ 8. Have the quantity and unit cost been notated on Reimbursement Budget Breakdown? F1 9. If this purchase was made via Sole Source, have you included the approved Sole Source documentation and justification? 10. Do all of your vendors have a current W-9 (Taxpayer Identification) on file? F1 11. Has the Attachment G (found within Agreement with FDEM) or proof of SAM.gov registration been provided for the contractors/consultants with the reimbursement package. Please note: FDEM reserves the right to update this checklist throughout the life of the grant to ensure compliance with applicable federal and state rules and regulations. 73 118 ATTACHMENT M FOREIGN COUNTRY OF CONCERN AFFIDAVIT — PERSONAL IDENTIFYING INFORMATION CONTRACT Section 287.138, Florida Statutes, prohibits a Florida "Governmental entity"2 from entering into or extending contracts with any other entity whereby such a contract, or extension thereof, could grant the other entity access to an individual's personal identifying information if that entity is associated with a "Foreign Country of Concern.113 Specifically, section 287.138(2), Florida Statutes, prohibits such contracts with any entity that is owned by the government of a Foreign Country of Concern, any entity in which the government of a Foreign Country of Concern has a "controlling interest,"' and any entity organized under the laws of or which has its principal place of business in a Foreign Country of Concern. As the person authorized to sign on behalf of Sub -Recipient, I hereby attest that the company identified above in the section entitled "Sub -Recipient Vendor Name" is not an entity owned by the government of a Foreign Country of Concern, no government of a Foreign Country of Concern has a controlling interest in the entity, and the entity has not been organized under the laws of or has its principal place of business in a Foreign Country of Concern. I understand that pursuant to section 287.138, Florida Statutes, I am submitting this affidavit Sub -Recipient Vendor Name: Vendor FEIN: Vendor's Authorized Representative Name and Title: Address: City: State: Zip: Phone Number: Email Address: Certified By: AUTHORIZED SIGNATURE Print Name and Title: Date: 2 As defined in Section 287.138 (1)(d), Florida Statutes. 3 As defined in Section 287.138 (1)(c), Florida Statutes. 4 As defined in Section 287.138 (1)(a), Florida Statutes. 74 119 GRANT NAME: EMPG Grant AGREEMENT# G0558 AMOUNT OF GRANT: $ 67,882 DEPARTMENT RECEIVING GRANT: Emergency Services -Emergency Management CONTACT PERSON: David Johnson PHONE NUMBER: 772-226-3947 1. How long is the grant for? 18 Months Starting Date: October 1, 2024 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes X No 4. Percentage of match 100% N/A 5. Grant match amount required $ 67.882.00 N/A 6. Where are the matching funds coming from (i.e. In Kind Services; Reserve for Contingency)? EMPA Grant 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 (Attach a detail listing of costs) $ N/A 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 Acct. Descri tion Position Position Position Position Position 011.12 Regular Salaries N/A N/A N/A N/A N/A 011.13 Other Salaries & Wages T 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 1 Retirement -Contributions N/A N/A N/A N/A N/A 012.13 Insurance -Life & Health N/A N/A N/A N/A N/A 012.14 Worker's Com enation 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 Cavital 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? $ N/A Signature of Preparer: Erin Reyes Date: September 20, 2024 120 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 S 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: Erin Reyes Date: September 20, 2024 120 INDIAN RIVER COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY DATE: September 25, 2024 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Zac Portwood, Acting Director of Information Technology SUBJECT: Microsoft Enterprise Agreement Renewal BACKGROUND Indian River County is in the last year of our Microsoft Enterprise Agreement. The agreement is to be renewed in December 2024 for another three years. This agreement covers software we purchase including backend software (Windows Server, Exchange Email Server, SQL Server) and our Cloud Office Suite (Microsoft 365). The Department of Information Technology got a quote from each License Service Provider: SHI is quoted at $555,077.65; Insight Public Sector is quoted at $476,654.87 annually, under a cooperative agreement awarded by NASPO; CDW is quoted at $547,204.66. FUNDING Funding for the software is available in the Informational Technology Fund/Information Systems/Computer Software Account 50524113-035120 and the Main Library Account 00110971-035120. --- — - . _ --.------------ .... GL ( Name Budgeted r 50524113-035120 Information Technology Fund/Information $463,054.87 S stems/Computer Software 00110971-035120 Community Services/Library Services 1$13,600 i RECOMMENDATION The Department of Information Technology recommends that the Board approve the agreement with Insight Public Sector and authorize the Chairman to sign it after review and approval by the County Attorney as to form and legal sufficiency. Our yearly cost will be $476,654.87. The services provided from Microsoft through Insight will cover all of the County's needs for the coming Fiscal Year. 121 ATTACHMENTS 1. Microsoft EA Contract 2. Insight Public Sector Quote 3. CDW Quote 4. SHI Quote 122 ■! Microsoft . Enterprise Agreement State and Local Not for Use with Microsoft Business Agreement or Microsoft Business and Services Agreement This Microsoft Enterprise Agreement ("Agreement") is entered into between the entities identified on the signature form. Effective date. The effective date of this Agreement is the earliest effective date of any Enrollment entered into under this Agreement or the date Microsoft accepts this Agreement, whichever is earlier. This Agreement consists of (1) these Agreement terms and conditions, including any amendments and the signature form and all attachments identified therein, (2) the Product Terms applicable to Products licensed under this Agreement, (3) any Affiliate Enrollment entered into under this Agreement, and (4) any order submitted under this Agreement. Please note: Documents referenced in this Agreement but not attached to the signature form may be found at http://www.microsoft.com/licensing/contracts and are incorporated in this Agreement by reference, including the Product Terms and Use Rights. These documents may contain additional terms and conditions for Products licensed under this Agreement and may be changed from time to time. Customer should review such documents carefully, both at the time of signing and periodically thereafter, and fully understand all terms and conditions applicable to Products licensed W 1. "Affiliate" mea a. w (i) any government agency, department, office, instrumentality, division, unit or other entity of the state or local government that is supervised by or is part of Customer, or which supervises Customer or of which Customer is a part, orwhich is under common supervision with Customer; WWWWIii) any county, borough, commonwealth, iii, municipality, town, township, special purpose . district, or other similar type of governmental instrumentality establishedr by the laws of Customer's state and located within Customer's stajurisdiction ai1d' geographic boundaries; and (iii) any other entity in Customer's state expressly a to purchase under state contracts; provided Mh purposes of this definition, be considered to b i Affiliates; and � icy the laws of Customer's state .e and its Affiliates shall not, for of the federal government and its b. with regard to Microsoft, any legal entit throsoft owns, that owns Microsoft, or that is under common ownership with Micro "Customer" means the legal entity that has entere to this Agreement with Microsoft. "Customer Data" means all data, includingall t, sound, software, image, or video files that are provided to Microsoft by, or on behalf of, an Enrolle and its Affiliates through use of Online Services. "day" means a calendar day, except "Enrolled Affiliate" means an into an Enrollment under this that specify "business day". stomer or any one of Customer's Affiliates that has entered EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 1 of 11 Document X20-10211 123 "Enrollment" means the document that an Enrolled Affiliate submits under this Agreement to place orders for Products. "Enterprise" means an Enrolled Affiliate and the Affiliates for which it is responsible and chooses on its Enrollment to include in its enterprise. "Fixes" means Product fixes, modifications or enhancements, or their derivatives, that Microsoft either releases generally (such as Product service packs) or provides to Customer to address a specific issue. "License" means the right to download, install, access and use a Product. For certain Products, a License may be available on a fixed term or subscription basis ("Subscription License"). Licenses for Online Services will be considered Subscription Licenses. "Microsoft" means the Microsoft Affiliate that has entered into this Agreement or an Enrollment and its Affiliates, as appropriate. "Online Services" means the Microsoft -hosted services identified as Online Services in the Product Terms. "Product" means all products identified in the Product Terms, such as all Software, Online Services and other web -based services, including pre-release or beta versions. "Product Terms" means the document that provides information about Microsoft Products and Professional Services available through volume licensing. The Product Terms document is published on the Volume Licensing Site and is updated from time to time. ,� "SLA" means Service Level Agreement, which specifies the minimum service level for Online Services and is published on the Volume Licensing Site. 4 iota "Software" means licensed copies of Microsoft software identified on oduct Terms. Software does not include Online Services, but Software may be part of an Online Se "Software Assurance" is an offering by Microsoft fhl ovides new version rights and other benefits for Products as further described in the Product Terms. "Trade Secret" means information that is not generally known or readily ascertainable to the public, has economic value as a result, and has been subject to reasonable steps under the circumstances to maintain its secrecy. a use or "run" means to copy, install, use, access, display, run or otherwise interact. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated froT time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or';, erwise) that accompanies a Product. "Volume Licensing Site" means htt ://www.microsoft.com/licensin r s or a successor site. IV W 2. How the Enterprise program works. ` J a. General. The Enterprise program cons terms and conditions on which an Enrolled Affiliate may acquire Product Lice s. n the Enterprise program, Customer and its Affiliates may order Licenses for Pro ntering into Enrollments. b. Enrollments. The Enterprise pram g es Customer and/or its Affiliates the ability to enter into one or more Enrollments toWroducts. Subscription Enrollments may be available for some of these Enrollment hstanding any other provision of this Agreement, only Enrolled Affiliates identifi i nrollment will be responsible for complying with the terms of that Enrollment, in terms of this Agreement incorporated by reference in that Enrollment. EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 2 of 11 Document X20-10211 124 c. Licenses. The types of Licenses available are (1) Licenses obtained under Software Assurance (L&SA), and (2) Subscription Licenses. These License types, as well as additional License Types, are further described in the Product List. 3. Licenses for Products. a. License Grant. Microsoft grants the Enterprise a non-exclusive, worldwide and limited right to download, install and use software Products, and to access and use the Online Services, each in the quantity ordered under an Enrollment. The rights granted are subject to the terms of this Agreement, the Use Rights and the Product Terms. Microsoft reserves all rights not expressly granted in this Agreement. b. Duration of Licenses. Subscription Licenses and most Software Assurance rights are temporary and expire when the applicable Enrollment is terminated or expires, unless the Enrolled Affiliate exercises a buy-out option, which is available for some Subscription Licenses. Except as otherwise noted in the applicable Enrollment or Use Rights, all other Licenses become perpetual only when all payments for that License have been made and the initial Enrollment term has expired. c. Applicable Use Rights. The latest Use Rights as updated from time to time, apply to the use of all Products, subject to the following exceptions. (i) For products with metered usage -based pricing (e.g. metered Microsoft Azure Services) Material adverse changes published after the start of a calendar month will apply beginning the following month. 'Y Oxy§ (ii) For Versioned Software. Material adverse changes published after the date a Product is first licensed will not apply to any licenses format Product acquired during the applicable Enrollment term unless the changes are published with the release of a new version and Customer chooses to update to that version. Renewal of Software Assurance does not change which Use Rights apply to perpetual Licenses acquired during a previous term or Enrollment (iii) For all other Products (e.g. Offi 365 services). Material adverse changes published after the start of the subscription term will not app to any licenses for that Product acquired during the applicable Enrollment term. (iv) For use rights granted through Software Assurance. Material adverse changes published after the date a Product is first licensed will not apply to any licenses for that 'al Product during the applicable enrollment term unless the changes are publiskled with the release of a new version and Customer chooses to updat to that version. ; d. Downgrade rights. Enrolled Affiliate may use an earlier f a Product other than Online Services than the version that is current on the effecti����t f the Enrollment. For Licenses acquired in the current Enrollment term, the Use R t6r�e current version apply to the use of the earlier version. If the earlier Product versi es features that are not in the new version, then the Use Rights applicable to thlier version apply with respect to those features. ^_ New Version Rights under So continuous Software Assurance coverage, Enterprise automatic soon as it is released, even if Eq (i) Except as otherwise to the new version's (ii) If the License for is released the A ur'WMe. Enrolled Affiliate must order and maintain o ach License ordered. With Software Assurance is right to use a new version of a licensed Product as Affiliate chooses not to use the new version immediately. der an Enrollment, use of the new version will be subject Fersion of the Product is perpetual at the time the new version the new version will also be perpetual. Perpetual Licenses EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 3 of 11 Document X20-10211 125 obtained through Software Assurance replace any perpetual Licenses for the earlier version. f. License confirmation. This Agreement, the applicable Enrollment, Enrolled Affiliate's order confirmation, and any documentation evidencing transfers of perpetual Licenses, together with proof of payment, will be Enrolled Affiliate's evidence of all Licenses obtained under an Enrollment. Reorganizations, consolidations and privatizations. If the number of Licenses covered by an Enrollment changes by more than ten percent as a result of (1) a reorganization, consolidation or privatization of an entity or an operating division, (2) a privatization of an Affiliate or an operating division of Enrolled Affiliate or any of its Affiliates, or (3) a consolidation including a merger with a third party that has an existing agreement or Enrollment, Microsoft will work with Enrolled Affiliate in good faith to determine how to accommodate its changed circumstances in the context of this Agreement. 4. Making copies of Products and re-imaging rights. General. Enrolled Affiliate may make as many copies of Products, as it needs to distribute them within the Enterprise. Copies must be true and complete (including copyright and trademark notices) from master copies obtained from a Microsoft approved fulfillment source. Enrolled Affiliate may use a third party to make these copies, but Enrolled Affiliate agrees it will be responsible for any third party's actions. Enrolled Affiliate agrees to make reasonable efforts to notify its employees, agents, and any other individuals who use the Products that the Products are licensed from Microsoft and subject to the terms of this Agreement. b. Copies for training/evaluation and back-up. For all Products other than Online Services, Enrolled Affiliate may: (1) use up to 20 complimentary copies of any licensed Product in a dedicated training facility on its premises for purposes of training on that particular Product, (2) use up to 10 complimentary copies of any Products for a 60 -day evaluation period, and (3) use one complimentary copy of any licensed Product for back-up or archival purposes for each of its distinct geographic locations. Trials for Online Services may be available if specified in the Use Rights. ' c. Right to re-image. In certain cases, re-imaging is permitted using the Product media. If the Microsoft Product is licensed (1) from an original equipment manufacturer (OEM), (2) as a full packaged Product through a retail source, or (3) under another Microsoft program, then media provided under this Agreement may generally be used to create images for use in place of *copies provided through that separate source. This right is conditional upon the f($10,Wing; (i) Separate Licenses must be acquired from the separate a' for each Prod�lrCt Ft�tt` 5 re- imaged. (ii) The Product, language, version, and compongpts copies made must be identical to the Product, language, version, and all comp the copies they replace, and the number of copies or instances of the re-im a uct permitted remains the same. (iii) Except for copies of an operating syste c pies of Products licensed under another Microsoft program, the Product t e. pgrade or full License) re-imaged must be identical to the Product type lice the separate source. (iv) Enrolled Affiliate must adhe to an roduct-specific processes or requirements for re- imaging identified in the Prerms. Re-imaged Products remaiA4 e o the terms and use rights of the License acquired from the separate source. Thi s tion does not create or extend any Microsoft warranty or support obligation. EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 4 of 11 Document X20-10211 126 5. Transferring and reassigning Licenses. a. License transfers. License transfers are not permitted, except that Customer or an Enrolled Affiliate may transfer only fully paid perpetual Licenses to: (i) an Affiliate, or (ii) a third party solely in connection with the transfer of hardware or employees to whom the Licenses have been assigned as part of (1) a privatization of an Affiliate or agency or of an operating division of Enrolled Affiliate or an Affiliate, (2) a reorganization, or (3) a consolidation. Upon such transfer, Customer or Enrolled Affiliate must uninstall and discontinue using the licensed Product and render any copies unusable. b. Notification of License Transfer. Enrolled Affiliate must notify Microsoft of a License transfer by completing a license transfer form, which can be obtained from http://www.microsoft.com/1icensinq/contracts and sending the completed form to Microsoft before the License transfer. No License transfer will be valid unless Enrolled Affiliate provides to the transferee, and the transferee accepts in writing, documents sufficient to enable the transferee to ascertain the scope, purpose and limitations of the rights granted by Microsoft under the licenses being transferred (includingthe applicable Use Rights, use and transfer restrictions, warranties and limitations of liability). Any License transfer not made in compliance with this section will be void. c. Internal Assignment of Licenses and Software Assurance. Licenses and Software Assurance must be assigned to a single user or device within the Enterprise. Licenses and Software Assurance ma a reassigned within the Enterprise y g 4 p as described in the Use Rights. f AS, 6. Term and termin�t� a. Term. The term of this Agreement will remain in effect unless terminated by either party as described below. Each Enrollment will have the term provided in that Enrollment. 0 . Termination without cause. Either party may terminate this Agreement, without cause, upon 60 days' written notice. In the event of termination, new Enrollments will not be accepted, but any existing Enrollment will continue for the term of.puch Enrollment and will continue to be governed by this Agreement.,,. c. Mid-term termination for non -appropriation of Funds. Enrolled Affiliate may terminate this Agreement or an Enrollment without liability, penalty or further ♦♦♦ obligation to make payments if funds to make payments under the Agreement or Enrollmeq not appropriated or allocated by the Enrolled Affiliate for such purpose. d. Termination for cause. Without limiting any otter lei it may have, either party may terminate an Enrollment if the other party m4at aches its obligations under this Agreement, including any obligation to submit or�ay invoices. Except where the breach is by its nature not curable within 30 days, t ating party must give the other party 30 days' notice of its intent to terminate anlan �gtunity to cure the breach. If Microsoft gives such notice to an o i late, Microsoft also will give Customer a copy of that notice and Customer agrees t elp resolve the breach. If the breach affects other Enrollments and cannot be reso d be een Microsoft and Enrolled Affiliate, together with Customer's help, within areas eriod of time, Microsoft may terminate this Agreement and all Enrollments under it I rolled Affiliate ceases to be Customer's Affiliate, it must promptly notify Microsoft, osoft may terminate the former Affiliate's Enrollment. If an Enrolled Affiliate termi rollment as a result of a breach by Microsoft, or if Microsoft terminates an Enroll to se Enrolled Affiliate ceases to be Customer's Affiliate, then Enrolled Affiliat i���he early termination rights described in the Enrollment EA20241 AgrGov(US)SLG(ENG)(Oct2023) Page 5 of 11 Document X20-10211 127 e. Early termination. If (1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or (2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for non - appropriation of funds, or (4) Microsoft terminates an Enrollment for non-payment due to non - appropriation of funds, then the Enrolled Affiliate will have the following options: (i) It may immediately pay the total remaining amount due, including all installments, in which case, the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or (ii) It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for: 1) all copies of Products (including the latest version of Products ordered under SA coverage in the current term) for which payment has been made in full, and 2) the number of copies of Products it has ordered (including the latest version of Products ordered under Software Assurance coverage in current term) that is proportional to the total of installment payments paid versus total amounts due (paid and payable) if the early termination had not occurred. (iii) In the case of early termination under subscription Enrollments, Enrolled Affiliate will have the following options: 1) For eligible Products, Enrolled Affiliate may obtain perpetual Licenses as described in the section of the Enrollment titled "Buy-out option," provided that Microsoft receives the buy-out order for those Licenses within,O days after Enrolled Affiliate provides notice of termination. 2) In the event of a breach by Microsoft, if Customer chooses not to exercise a buy-out option, Microsoft will issue Enrolled Affiliate a credit for any amount paid in advance for Subscription Licenses that the Enterprise will not be able to use to do the termination of the Enrollment . Nothing in this section shall affec rpetuaual�License �rfgIfits acqui edit er m a separate agreement or in a prior term of the terminated Enrollment. f. Effect of termination or expiration. When an Enrollment expires or is terminated, (i) Enrolled Affiliate must order Licenses for all copies of Products it has run for which it has not previously submitted an order. Any and all unpaid payments for any order of any kind Tremain due and payable. Except as provided in the subsection titled "Early termination," all `unpaid payments for Licenses immediately become due and payable. (ii) Enrolled Affiliate's right to Software Assurance benefit der this Agreement ends if it does not renew Software Assurance. g. Modification or termination of an Online Servide f atory reasons. Microsoft may modify or terminate an Online Service where t ny current or future government requirement or obligation that: (1) subjects Micr o o any regulation or requirement not generally applicable to businesses operatin jurisdiction; (2) presents a hardship for Microsoft to continue operating the On 'nece without modification; and/or (3) causes Microsoft to believe these terms or td n ice may conflict with any such requirement or obligation. h. Program updates. Microsoft m mak hanges to this program that will make it necessary for Customer and its Enrolled 9if s to enter into new agreements and Enrollments at the time of an Enrollment renewal. /\ EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 6 of 11 Document X20-10211 128 7. Use, ownership, rights, and restrictions. a. Products. Unless otherwise specified in a supplemental agreement, use of any Product is governed by the Use Rights specific to each Product and version and by the terms of the applicable supplemental agreement. b. Fixes. Each Fix is licensed under the same terms as the Product to which it applies. If a Fix is not provided for a specific Product, any use rights Microsoft provides with the Fix will apply. c. Non -Microsoft software and technology. Enrolled Affiliate is solely responsible for any non - Microsoft software or technology that it installs or uses with the Products or Fixes. d. Restrictions. Enrolled Affiliate must not (and is not licensed to) (1) reverse engineer, decompile, or disassemble any Product or Fix; (2) install or use non -Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (3) work around any technical limitations in a Product or Fix or restrictions in Product documentation. Customer must not (and is not licensed to) (1) separate and run parts of a Product or Fix on more than one device, upgrade or downgrade parts of a Product or Fix at different times, or transfer parts of a Product or Fix separately; or (2) distribute, sublicense, rent, lease, lend any Products or Fixes, in whole or in part, or use them to offer hosting services to a third party. e. Reservation of rights. Products and Fixes are protected by copyright and other intellectual property rights laws and international treaties. Microsoft reserves all rights not expressly granted in this agreement. No rights will be granted or implied by waiver or estoppel. Rights to access or use Software on a device do not give Customer any right to implement Microsoft patents or other icrosoft intellectual pr rty in the device itself or in any other software or devices. 8. Confiden ►a "Confidential Information" is non-public information that is designated "confidential" or that a reasonable person should understand is confidential, including Customer Data. Confidential Information does not include information that (1) becomes publicly available without a breach of this agreement, (2) the receiving party received lawfully from another source without a confidentiality obligation, (3) is independently developed, or (4) is Npomment or suggestion volunteered.0 the other party's business, products or services. Each party will take reasonable steps to protect the others Con' idential Information and will use the other party's Confidential Information only for purposes of the parties' busines relationship. Neither party will disclose that Confidential Information to third parties, except to itsoyees, Affiliates, contractors, advisors and consultants ("Representatives") and then only on a nee -t w basis under nondisclosure obligations at least as protective as this agreement. Each partyresponsible for the use of the Confidential Information by its Representatives and, in the ev t overy of any unauthorized use or disclosure, must promptly notify the other party. A party may disclose the other's Confidential Information i by law; but only after it notifies the other party (if legally permissible) to enable the other part o protective order. Neither party is required to restrict work assig e i s Representatives who have had access to Confidential Information. Each party agrees that th e of information retained in Representatives' unaided memories in the development or deployment he p ies' respective products or services does not create liability under this Agreement or trade sect/ and each party agrees to limit what it discloses to the other accordingly. These obligations apply (1) for Custo er to until it is deleted from the Online Services, and (2) for all other Confidential Information, for ZWJfive years after a party receives the Confidential Information EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 7 of 11 Document X20-10211 129 9. Privacy and compliance with laws. a. Enrolled Affiliate consents to the processing of personal information by Microsoft and its agents to facilitate the subject matter of this Agreement. Enrolled Affiliate will obtain all required consents from third parties under applicable privacy and data protection law before providing personal information to Microsoft. b. Personal information collected under this agreement (1) may be transferred, stored and processed in the United States or any other country in which Microsoft or its service providers maintain facilities and (2) will be subject to the privacy terms specified in the Use Rights. Microsoft will abide by the requirements of European Economic Area and Swiss data protection law regarding the collection, use, transfer, retention, and other processing of personal data from the European Economic Area and Switzerland. c. U.S. export. Products and Fixes are subject to U.S. export jurisdiction. Enrolled Affiliate must comply with all applicable international and national laws, including the U.S. Export Administration Regulations and International Traffic in Arms Regulations, and end-user, end use and destination restrictions issued by U.S. and other governments related to Microsoft products, services and technologies. I? of 10. Warranties. X a. Limited warranties and remedies. (i) Software. Microsoft warrants that each version of the Software will perform substantially as described in the applicable Product documentation for one year from the date the Enterprise is first licensed for that version. If it does not and the Enterprise notifies Microsoft within the warranty term, then Microsoft will, at its option (1) return the price Enrolled Affiliate paid for the Software license, or (2) repair or replace the Software. (ii) Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during the Enterprise's use. The Enterprise's remedies for breach of this warranty are in the SLA. The remedies above are the Enterprise's sole remedi s for breach of the warranties in this section. Customer waives any breach of warranty claims not made during the warranty period. 10W b. Exclusions. The warranties in this agreement do not applyto problems caused by accident, abuse, or use in a manner inconsistent with Agreement, Including failure to meet minimum system requirements. These warranties do not apply to free, trial, pre-release, or beta products, or to components of Products that Enrolled Affiliate ' permitted to redistribute. c. Disclaimer. Except for the limited warranties ab a rosoft provides no other warranties or conditions and disclaims any o ress, implied, or statutory warranties, including warranties of quality, titl# ingement, merchantability, and fitness for a particular purpose. J 11. Defense of third party claimsQ(4)_I�Iaims The parties will defend each other against the th described in this section and will pay the amount of any resulting adverse final judgm\rty roved settlement, but only if the defending party is promptly notified in writing of the claim and hight to control the defense and any settlement of it. The party being defended must provide the def with all requested assistance, information, authority, and must take all reasonable action to s losses arising from the third -party claim. The defending party will reimburse the other party for a a le out-of-pocket expenses it incurs in providing assistance. This section describes the parties' ies and entire liability for such claims. a. By Microsoft.icros I defend Enrolled Affiliate against any third -party claim to the extent it alleges that aPVugoor Fix made available by Microsoft for a fee and used within the scope EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 8 of 11 Document X20-10211 130 of the license granted (unmodified from the form provided by Microsoft and not combined with anything else) misappropriates a trade secret or directly infringes a patent, copyright, trademark or other proprietary right of a third party. If Microsoft is unable to resolve a claim of infringement under commercially reasonable terms, it may, at its option, either (1) modify or replace the Product or Fix with a functional equivalent; or (2) terminate Enrolled Affiliate's license and refund any prepaid license fees (less depreciation on a five-year, straight-line basis) for perpetual licenses and any amount paid for Online Services for any usage period after the termination date. Microsoft will not be liable for any claims or damages due to Enrolled Affiliate's continued use of a Product or Fix after being notified to stop due to a third -party claim. b. By Enrolled Affiliate. To the extent permitted by applicable law, Enrolled Affiliate will defend Microsoft against any third -party claim to the extent it alleges that: (1) any Customer Data or non -Microsoft software hosted in an Online Service by Microsoft on Enrolled Affiliate's behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) Enrolled Affiliate's use of any Product or Fix, alone or in combination with anything else, violates the law or damages a third party. 12. Limitation of liability. For each Product, each party's maximum, aggregate liability to the other under this Agreement is limited to direct damages finally awarded in an amount not to exceed the amounts Enrolled Affiliate paid for the applicable Products during the term of this Agreement, subject to the following: a. Online Services. For Online Services, Microsoft's maximum liability to Enrolled Affiliate for any incident giving rise to a claim will not exceed the amount Enrolled Affiliate paid for the Online Service during the 12 months before the incident. b. Free Products and Distributable Code. For Products provided free of charge and code that Enrolled Affiliate is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft's liability is limited to direct damages finally awarded up to US$5,000. c. Exclusions. In no event will either party be liable for indirect, incidental, special, punitive, or consequential damages, or for loss of use, loss of business information, loss of revenue, or interruption of business, however caused or on any theory of liability. d. Exceptions. No limitation or exclusions will apply to liability arising out of either party's (1) confidentiality obligations (except for all liability related to Customer Data, which will remain subject to the limitations and exclusions above); (2) defense obligations; or (3) violation of the her party's intellectual property rights. s- 13. Verifying compliance.' a. Right to verify compliance. Enrolled Affiliate gtup ecords relating to all use and distribution of Products by Enrolled Affiliate and ' s. Microsoft has the right, at its expense, to the extent permitted by applicable la ify such compliance with the Product's license terms. Microsoft will engage an indep uditor and Enrolled Affiliate must provide the independent auditor with any inform 'o uditor reasonably requests in furtherance of the verification, including visible ac s ms running the Products and evidence of Licenses for Products Enrolled A i s, sublicenses, or distributes to third parties. Enrolled Affiliate must provide, w out u e delay, the foregoing information and access upon request of the independent audjW, b. Verification process. Mi A 'll notify Enrolled Affiliate at least 30 calendar days in advance of its intent to v olled Affiliate's compliance with the license terms for the Products Enrolled Aff'' or distributer The independent auditor is subject to a confidentiality obligati i ' t to cover the auditor's engagement with Enrolled Affiliate for the verification roce nrolled Affiliate may, at its discretion, also require a mutually agreeable confid a ' agreement with the independent auditor for access to premises, data EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 9 of 11 Document X20-10211 131 and systems. Such confidentiality agreement between Enrolled Affiliate and auditor must be completed within fourteen (14) days of such request, and shall not restrict the ability for the independent auditor to accurately verify compliance and share the resulting information with Microsoft. Any information collected will be used solely for purposes of determining Enrolled Affiliate's compliance. This verification will take place during normal business hours and the auditor will make best efforts not to interfere with Enrolled Affiliate's operations during the course of the audit. c. Remedies for non-compliance. If verification reveals any use of Products without applicable license rights, then within 30 days Enrolled Affiliate must order sufficient licenses to cover its use, and, if such use or distribution is determined to be in excess of Enrolled Affiliate's existing licenses by 5% or more of the audited environment(s) in aggregate, then Enrolled Affiliate must reimburse Microsoft for the costs Microsoft incurred in obtaining the verification and acquire the necessary additional licenses. Such licenses will be obtained at 125% of the price, based on the then -current price list. The use percentage is based on the total number of Products used without applicable liscense rights (as described above) compared to the total Product use. If it is verified that Product use is sufficiently licensed, Microsoft will not require the Enterprise to engage in another verification for at least one year. By exercising the rights and procedures described above, Microsoft does not waive its rights to enforce its rights under these Additional Use Rights and Restrictions or to protect its intellectual property by any other legal or contractual means. + m 14. Miscellaneous. a. Use of contractors. Microsoft may use contractors to perform services but will be responsible for their performance subject to the terms of this Agreement. b. Microsoft as independent contractor. The parties are independent contractors. Enrolled Affiliate and Microsoft each may develop products independently without using the other's Confidential Information. c. Notices. Notices to Microsoft must be sent to the address on the signature rm. Notices must be in writing and will be treated as delivered on the date shown on the return receipt or on the courier or fax confirmation of delivery. Microsoft may provide information to Enrolled Affiliate about upcoming ordering deadlines, services, and subscription information in electronic form, including by email to contacts provided by Enrolled Affiliatemails will be treated as delivered on the transmission date.,m.» d. Agreement not exclusive. Customer is free to enter inti ,use or promote non -Microsoft products. e. Amendments. Any amendment to this Agreement must uted by both parties, except that Microsoft may change the Product Terms and ;!;Rights from time to time in accordance with the terms of this Agreement. 4ap. o c g terms and conditions contained in an Enrolled Affiliate's purchase order will not rosoft may require Customer to sign a new agreement or an amendment before an Ed ffiliate enters into an Enrollment under this agreement. f. Assignment. Either party may assi th A ment to an Affiliate but must notify the other party in writing of the assignment. A roposed assignment must be approved by the non -assigning parry in writing. Am will not relieve the assigning party of its obligations under the assigned agreement, attempted assignment without required approval will be void. (� g. Applicable law; dispute a iRfon. The terms of this Agreement will be governed by the laws of Customer's s giving effect to its conflict of laws. Disputes relating to this Agreement will be su licable dispute resolution laws of Customer's state. \or EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 10 of 11 Document X20-10211 132 h. Severability. If any provision in this agreement is held to be unenforceable, the balance of the agreement will remain in full force and effect. i. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party. j. No third-party beneficiaries. This Agreement does not create any third-party beneficiary rights. k. Survival. All provisions survive termination or expiration of this Agreement except those requiring performance only during the term of the Agreement. I. Management and Reporting. Customer and/or Enrolled Affiliate may manage account details (e.g., contacts, orders, Licenses, software downloads) at: https://www.microsoft.com/1icensing/servicecenter (or a successor site). Upon the effective date of this Agreement and any Enrollments, the contact(s) identified for this purpose will be provided access to this site and may authorize additional users and contacts. m. Order of precedence. In the case of a conflict between any documents in this Agreement that is not expressly resolved in those documents, their terms will control in the following order from highest to lowest priority: (1) this Enterprise Agreement, (2) any Enrollment, (3) the Product Terms, (4) orders submitted under this Agreement, and (5) any other documents in this Agreement. Terms in an amendment control over amended document and any prior amendments concerning the same subject matter. iw.. n. Free Products. It is Microsoft's intent that the tels of this Agreement and the Use Rights be in compliance with all applicable federal law and Tegulations. Any free Product provided to Enrolled Affiliate is for the sole use and benek., tWEnrolled Affiliate and is not provided for use by or personal benefit c( any specific gov *nt employee. o. Voluntary Product Accessibility Templates *iicrosoft supports the government's obligation to provide accessible technologies to its citizens with disabilities as required by Section 508 of the Rehabilitation Act of 1973, and its state law counterparts. The Voluntary Product Accessibility Templates ("VPATs") for the Microsoft technologies used in providing the Online Services can be found at Microsoft's VPAT page. Further information regarding Microsoft's commitment to accessibility can be found at http://www.microsoft.com/enable. p. Natural disaster. In the event of a "natural disaster," Microsoft may provide additional assistance or rights by posting them on http://www.microsoft.com at such time. q. _ Copyright violation. Except as set forth in the section above entitled "Transferring and eassigning Licenses", the Enrolled Affiliate agrees topeyfor and comply with the terms of this Agreement and the Use Rights, for the Products it uses. Ex to the extent Enrolled Affiliate e is licensed under this Agreement, it will be responsible f breach of this contract and violation of Microsoft's copyright in the Products, inclu ment of License fees specified in this Agreement for unlicensed use. J EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 11 of 11 Document X20-10211 133 Enterprise Enrollment Enterprise Enrollment number (Microsoft to complete) Previous Enrollment number (Reseller to complete) MM Microsoft ■R Framework ID (if applicable) State and Local This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (6) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. F All terms used but not defined are located at http://www.microsR onttg In the event of any conflict the terms of this Agreement control' Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to "anniversary date" refers to the anniversary of the effective date of the applicable initial or renewal term for each year this Enrollment is in effect. Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditio� 1. Definitions. J Terms used but not defined in this Enrollment wi ezefinition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product ide ' led a uch in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the community co i one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Gov rn Community Cloud Services to provide solutions to a Government or a qualified member munity, or (3) a Customer with Customer Data that is subject to Government regulations for h tomer determines and Microsoft agrees that the use of Government Community d res is appropriate to meet Customer's regulatory requirements. EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 1 of 10 Document X20-10636 134 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi -tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task -specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may -wily be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms --v", :.,.,. , "Qualified Device" means any device that is used by or for the benefit-of,Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation,-orsi ilar device capable of running Windows Pro locally (in a physical or virtual operating system environ e r (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not in y device that is: (1) designated as a server and not used as a personal computer, (2) an Indus , or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device ex ove (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterpr ualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affil p" is elected. "Qualified User" means a person (e.g., employ nVit, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server quiring an Enterprise Product Client Access License or any Enterprise Online Service. I oes include a person who accesses server software or an Online Service solely under a License iden d in e Qualified User exemptions in the Product Terms. 40 "Reseller" means an entity authorized byto resell Licenses under this program and engaged by an Enrolled Affiliate to provide pre- an ktansaction assistance related to this agreement; "Reserved License" means for an ice identified as eligible for true -ups in the Product Terms, the License reserved by Enrolled i or to use and for which Microsoft will make the Online Service available for activation. EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 2 of 10 Document X20-10636 135 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a P rod u ct. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. W IM (i) Enterprise commitment. Enrolled Affiliate must order enough Licenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user License). f (ii) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscription Licenses for Enterprise Online Services.' b. Additional Products. Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products. c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has ,.,more restrictive use rights than the version that is current at the start of the applicable initial or m renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled Affiliate's use of that Product during that term. d. Country of usage. Enrolled Affiliate must specify the cou a Licenses.gvii) be used on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and m t Reseller authorized in the United States. Enrolled Affiliate will acquire its Licenses t its chosen Reseller. Orders must be submitted to the Reseller who will transmit the to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment ter Ae een them, and Microsoft will invoice the Reseller based on those terms. Throu reement the term "price" refers to reference price. Resellers and other third parti ave authority to bind or impose any obligation or liability on Microsoft. f. Adding Products. (i) Adding new Products r iously ordered. New Enterprise Products or Enterprise Online Services may at any time by contacting a Microsoft Account Manager or Reseller. New Ad ' ' ducts, other than Online Services, may be used if an order is placed in the mo t oduct is first used. For Additional Products that are Online Services, a%Vitial r for the Online Service is required prior to use. EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 3 of 10 Document X20-10636 136 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospective) /.to the month in which they were ordered. (iv) Subscription License reductionsiw. Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: *, 1) For Subscription Licenses that are part of an E�erprise- de purchase, t icenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. St Lird ows d t nt t this total co nt ep-yp censes ono cou a u For Enterprise Online Services in a given Product pool thaare not a part of an Enterprise -wide purchase, Licenses can be reduced as long as (a) the initial order minimum requirements are maintained and (b) all th -active users of each Online Service are included the total quantity of Licens s fining after the reduction. An Enrolled Affiliate may reduce Licenses for Onli ' es on or before the Enrollment anniversary date and place a reservation •rd uch licenses within 90 days after the anniversary date; however, any liceed as described in this section will be invoiced to the Enrolled Affiliate e me period the licenses were made available. 3) For Additional Products ava' Zbscription Licenses, Enrolled Affiliate may reduce the Licenses. If the unt is reduced to zero, then Enrolled Affiliate's use of the applicable Su crip License will be cancelled. Invoices will be adjusted t t any reductions in Subscription Licenses at the true -up order Enrollment annivers and effective as of such date. Update statement. u e statement must be submitted instead of a true -up order if, since the initial P t true -up order, Enrolled Affiliate's Enterprise: (1) has not changed the nu alified Devices and Qualified Users licensed with Enterprise (v) g PProducts o tOnline Services; and (2) has not increased its usage of Additional EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 4 of 10 Document X20-10636 137. Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. If the true -up order or update statement is not received when due, Microsoft may invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on an initial order, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. i. Clerical errors. Microsoft may correct clerical errors in this Enrollment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered.: j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise Agreement. 3. Pricing. 4. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for ag Products ordered under this Enrollment will be Level "D" throughout the terns of the Enrollment. Setting Prices. Unless otherwise expressly agreed to by th parties and except for Online Services designated in the Product Terms as being ex from fixed pricing, Enrolled Affiliate's prices for each Product or Service will be a ed by its Reseller. As long as Enrolled Affiliate continues to qualify for the sameWri I, Microsoft's prices for Resellers for each Product or Service ordered will be fixediL ut the applicable initial or renewal Enrollment term. Microsoft's prices to Reseller a established at the beginning of the renewal term. Payment term For the initial or renewal o installments. The first inst remaining installments will orders are invoiced upon ac for Online Services and upfi oiled Affiliate's Reseller in three equal annual Microsoft's acceptance of this Enrollment and lent Enrollment anniversary date. Subsequent led Affiliate may elect to pay annually or upfront EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 5 of 10 Document X20-10636 138 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36 -month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term option that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Wiate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft of least 30 days prior to the Expiration Date. 2) Cancellation during Extended Term. At any time during the first twelve months of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, Microsoft may condition the continued use of each Online Service on the acceptance of new terms by the Enrolled Affiliate. Enrolled Affiliate will be notified in writing of any new terms at least 60 days before any such changes take effect. Enrolled Affiliate acknowledges and agrees that after the notice described in this section, its continued use ofeach Online Service after the effective date provided in the notice will constitute its acceptance of the new terms. If Enrolled Affiliate does not agree to the new terms, it must stop using the Online Services and terminate th Extended Term as provided in this section. Enrolled Affiliate's termination under s% ection will be effective at the end of the month following 30 days after Microso eived the notice. (iii) Subscription Licenses and Online Service# Mile for an Extended Term. If Enrolled Affiliate elects not to renew, the Lice �e cancelled and will terminate as of the Expiration Date. Any associated m di t be uninstalled and destroyed and Enrolled Affiliate's Enterprise must di use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termi ti cause of this Enrollment will be subject to the "Termination for cause" section of th reement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate any ffiliate in the Enterprise that uses Government Community Cloud Services f eet and maintain the conditions of membership in the definition of Community. e. Early termination. An ar ermination of this Enrollment will be subject to the "Early Termination" Section prise Agreement. EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 6 of 10 Document X20-10636 139 For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non -Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. t, c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloyd Services in the same domain. d. Use Rights for Government Community Cloy Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights.- (1) ights:(i) Government Community Cloud Services will be offered only within the United States. (ii) Additional European Terms, as set forth in 4Use Rights, will not apply. ` (iii) References to geographic areas in the Use Rights with respect to the location of Momer Data at rest, as set forth in the Use Rights, refer only to the United States. A 41 Alt J EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 7 of 10 Document X20-10636 140 Enrollment Details 1. Enrolled Affiliate's Enterprise. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: ❑ Enrolled Affiliate only ❑ Enrolled Affiliate and the following Affiliate(s): .r Unless specifically identified above, all Affiliates of Customer, either existing at the execution of this Enrollment or created or acquired after the execution of this Enrollment, will be excluded from the Enterprise. To request that an additional Affiliate be included in Customer's Enterprise, Customer must identify an Affiliate to Microsoft in writing and provide any required documentation. Microsoft will reasonably review requests under this paragraph and may approve the inclusion of an Affiliate in Customer's Enterprise in its sole discretion. s i fAN .1,11 1. Contact info en. Each party will notify the other in writing if any of the infrina n in the following contact information page(s) changes. The asterisks (*) indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at s w.microsoft.com/licensing/servicecenter. "a. Primary contact. This contact is the primary contact for the nrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Admi for for the Volume Licensing Service Center and may grant online access to others. ry contact will be the default contact for all purposes unless separate contacts 4Ie ' ie for specific purposes Name of entity (must be legal entity name)*� ` Contact name: First* Middle L Contact email address* Street address* City* I�F State* Postal code* - (Please provide the zip + 4, e. -xxxx) Country* Phone* Tax ID ' indicates required fi� EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 8 of 10 Document X20-10636 141 b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping-up prior to a true-up order. ❑ Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name: First* Middle Last* Contact email address* Street address* City* State* Postal code* - (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its Affiliates. * indicates required fields c. Online Services Manager. This contact is authorized to manage the Online Services ordered under the Enrollment and (for applicable Online Services) to add or reassign Licenses and step-up prior to a true-up order. ❑ Same as notices contact and O e Administrator faul , if.", in twn i rovided below, even if box is not checked) Contact name: First*` - Md Contact email address*= Phone* r ❑ This contact is from a third p ¢ g: This contact receives personally identifiable info * indicates required fields �} d. Reseller information. Reseller contact for this Enrollment is: Reseller company name* a `°'' ♦-'�`� M. Street address (PO boxes will not be accepted)* City* , State* Postal code* V Country* Contact name* ` Phone* Contact email address* * indicates required fields By signing below, the Reseller iden Ze confirms that all information provided in this Enrollment is correct. Signature* Printed name* Printed title* Date* * indicates reauirAFIGAS EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 9 of 10 Document X20-10636 142 Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 1. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ® No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to,, EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 10 of 10 Document X20-10636 143 Microsoft Enterprise and Enterprise Subscription Enrollment Product Selection Form Enrollment Number Microsoft to complete for initial term. Reseller or Software Advisor to complete for renewal or with prior qualifying EnrollmentfAgreement Step 1. Enter all fields in the table below (Required). Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment Order. Quantity may not include any Licenses which Enrolled Affiliate has selected for optional future use, or to which it is stepping -up within Enrollment term. e Miosoft 365 E3 USL Microsoft 365 E3 Add-on Microsoft 365 E5 USL Microsoft 365 E5 Add-on Office Professional Plus/Microsoft 365 Apps Office Professional Plus Microsoft 365 Apps for enterprise 74, fm Office 365 Plans Office 365 Plan El USL . Office 365 Plan E3 USL Office 365 Plan E5 USL Office 365 Plan E1 Add-on Office 365 Plan E3 Add-on Office 365 Plan E5 Add-on Office 365 Plan E3 without Apps for enterpri Add-on Client Access License CAL Choose Core CAL or Enterprise <Choose One> <Choose One> Core CAL or Enterprise C Bridge for Office 365 Bridge for EnterprisSA&dAWty Suite EA-EASProdSelForm(WW)(ENG)(Oct2023) Page 1 of 3 Document X20-12940 144 Products Enterprise Device Profile Quantity Windows Desktop Windows Enterprise E3 and LTSB Upgrade per Device Windows Enterprise E5 per Device SL Windows Enterprise E3 per User SL Windows Enterprise E3 per User Add-on SL Windows Enterprise E5 per User SL Windows Enterprise E5 per User Add-on SL Windows Enterprise E5 per Device Add-on SL Windows VDA Windows VDA per User SL Enterprise Mobil + Security Enterprise Mobility + Security E3 USL Enterprise Mobility + Security E3 Add-on Enterprise Mobility + Security E5 USL Enterprise Mobility + Security E5 Add-on Step 3. Establish the Enrolled Affiliate's price level. Unless otherwise indicated in the associated contract documents, the price level for each Product offering/pool is set based upon the quantity to price level mapping. DO NOT INCLUDE BRIDGE CALs OR ADD-ONs. 1 2 Enterprise Products and Enterprise Onlin e e Ls: Unless 4 .r the highest quantity from Groups 1 throu . Additional Product Application Pool: otherwise indicated in H^` ,• - Windows Enterprise E3 and LTSB Additional Product Server Pool:erwise indicated in associated contract documents, Price Level ' t g the highest quantity from Group 2 Upgrade+ Windows or 3. r' Additional Product Syms Unless otherwise indicated in associated Enterprise E5 + Win Office Prdfiessional Client Access lient Acce- E3/E5 USL + Win Plus + Microsoft 365 License + Office License + E3/E5 per Device + • Apps for enterprise 365 (Plans E1, Enterprise Mobility Windows VDA + • • • + Office 365 (Plans E3, and E5) + and Security USL Windows Enterprise E3 and E5) + Microsoft 365 USL + Microsoft 365 E3 per User SL + Microsoft 365 USL USL Windows Enterprise �4 y` E5 per User SL + i. Windows VDA per • User USL + Microsoft 365 USL w � ProductPool Price Level Enterprise Products and Enterprise Onlin e e Ls: Unless otherwise indicated in associated contract doc n s, rice Level is set using the highest quantity from Groups 1 throu Additional Product Application Pool: otherwise indicated in associated contract documents, Price et using quantity from Group 1. Additional Product Server Pool:erwise indicated in associated contract documents, Price Level ' t g the highest quantity from Group 2 or 3. Additional Product Syms Unless otherwise indicated in associated contract documents, Price v s set using quantity from Group 4. IV EA-EASProdSelFonn(WW)(ENG)(Oct2023) Page 2 of 3 Document X20-12940 145 Quantity of Licenses and Software Assurance to Price Level Mapping: Notes: 1. Enterprise Online Services may not be available in all locations. Please see the Product Terms for a list of locations where these may be purchased. 2. If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "A" throughout the term of the Enrollment. 3. Unless otherwise indicated in the associated Agreement documents, the CAL selection must be the same across the Enterprise for each Profile. This form must be attached to a signature form to be valid. EA -EAS ProdSelForm (WW)(ENG)(Oct2023) Page 3 of 3 Document X20-12940 146 Mkrosoft I Volume Licensing Supplemental Contact Information Form State and Local This form can be used in combination with Agreement and Enrol Iment/Registration. However, a separate form must be submitted for each Enrollment/Registration, when more than one is submitted on a signature form. For the purposes of this form, "Entity" can mean the signing Entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a Volume Licensing program agreement. Primary and Notices contacts in this form will not apply to Enrollments or Registrations. This form applies to: ❑ Agreement ❑ Enrollment/Affiliate Registration Form Insert primary entity name if more than one Enrollment/Registration Form is submitted Contact information. =E, Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields; if the Entity chooses to designate other contact types, the same required fields must be completed for each section. By providing contact information, entity consents to its use for purposes of administering the Enrollment by Microsoft and other parties that help Microsoft administer this Enrollment. The personal information provided in connection with this agreement will be used and protected according to^ pracy statement available at htt s://licen ' icrosoft.com. 1. Additional notices contact. . This contact receives all notices that are sent fl Microsoft.o online access is ranted to this � 9 individual. Name of Entity* Contact name*: First Last Contact email* Street address* City* State* Postal code* Country* � Phone* Fax ❑ This contact is a third party (not the Entity). Warning: ct receives personally identifiable information of the Entity. J 2. Software Assurance manager. This contact will receive online permissions to na the Software Assurance benefits under the Enrollment or Registration. Name of Entity* W\�6,4 Contact name*: First Contact email* Street address* City* State* Country* Phone* Fax Last Posta* SupContactl nfoForm(US)SLG(EN G)(Oct2010) Page 1 of 3 147 ❑ This contact is a third parry (not the Entity). Warning: This contact receives personally identifiable information of the Entity. 3. Subscriptions manager. This contact will assign MSDN, Expression, and TechNet Plus subscription licenses to the individual subscribers under this Enrollment or Registration. Assignment of the subscription licenses is necessary for access to any of the online benefits, such as subscription downloads. This contact will also manage any complimentary or additional media purchases related to these subscriptions. Name of Entity* Contact name*: First Last Contact email* Street address* City* State* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the Entity). Warning: This contact receives personally identifiable information of the Entity. 1._ 4. Online Services manager. This contact will be provided online permissions to Enrollment or Registration. Name of Entity* Contact name*: First ' N Contact email* . Street add City* te* eP Country* Phone* Fax ❑ This contact is a third party (not the Entity). information of the Entity. ives personally identifiable 5. Customer Support Manager (CSM).- This CSM)=This person is designated as the Customer Support Manager (CSM) forort-related activities. ;;I Name of Entity* Contact name*: First Last\� Contact email* Street address* City* State* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the Entity). This contact receives personally identifiable information of the Entity. 6. Primary contact informs An individual from inside the organiza n serve as the primary contact. This contact receives online administrator permissions and ma ne access to others. This contact also receives all notices unless Microsoft is provided writte e a change. Name of Entity* Contact name*: First V SupContactlnfoForm(US)SLG(ENG)(Oct2010) Page 2 of 3 148 Contact email* Street address* City* State* Postal code* Country*: Phone* Fax 7. Notices contact and online administrator information: This individual receives online administrator permissions and may grant online access to others. This contact also receives all notices. ❑ Same as primary contact Name of Entity* Contact name*: First Last Contact email* Street address* City* State* Postal code* Country*: Phone* Fax SupContactlnfoForm(US)SLG(ENG)(Oct2010) Page 3 of 3 149 This Qualifying Government Entity Addendum modifies the terms of the Select or Select Plus ("Agreement") or Enterprise or Enterprise Subscription Agreement ("Agreement") as follows: 1. The following definition is added: "Eligible Entity" means a public sector entity that meets the criteria set out at http://www.microsoft.com/licensing/contracts in the document entitled "Microsoft Government Eligibility Definition." 2. The definitions of "Customer" and "Affiliate" are amended as follows: When used in this Agreement or Enrollment, as applicable, "Customer" refers to the Eligible Entity that signs this Agreement/Enrollment with Microsoft, and the definition of "Affiliate", as set forth in the Master Agreement, is modified to include only Eligible Entities located in the same country as the Eligible Entity signing this Agreement/Enrollment, as applicable, with Microsoft. 3. The Minimum Order requirements section of the Agreement is amended as follows: eft Notwithstanding anything to the contrary in the Agrpt, an Eligible Entity's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices, aqd its initial order must include at least 250 Licenses in a single Product pool for Enterprise Products rprise Online Services. If no Enterprise Product is ordered, an Eligible Entity need only maim JRR at least 250 Subscription Licenses for Enterprise Online Services. Pc 4. The following pricing provision is added: , Customer represents that Customer and Customer's Affiliates ar,Elig. ntities. As an Eligible Entity, Customer may receive price level D for all Products and pools under 1s Agreement/Enrollment, as applicable. The following "Mid-term Cancellation fot"' propriation of Funds" provision is added: Termination of Enrollment — non -appropriation of funds, S� the provisions in the Section titled "Effect of termination or expiration," a Customer or Iled Affiliate may terminate an Agreement or Enrollment without liability, penalty or further b ation to make payments if funds to make payments under the Agreement or Enrollment are opriated or allocated for such purpose. Effect of termination. Upon termination of any I n the Enrolled Affiliate must order Licenses for all copies of Products it or its Affiliates haven s Enrollment for which the Enrolled Affiliate has not previously submitted an order. Excep s provided in the next paragraph, in the event of termination, all unpaid installments of thei)\� e ice for any Licenses will immediately become due and payable, and the Enrolled Affiliate willied to perpetual Licenses only after all such payments have been made. Early termination. If Customer or EtrolkcTAffiliate terminates an Enrollment for non -appropriation of funds, or Microsoft terminates nt for non-payment due to non -appropriation of funds of Customer or Enrolled Affiliate, t IVs er or the Enrolled Affiliate will have the following options: a. It may immedia the total remaining amount due, including all installments, in which case the Enrolle iliate will have perpetual Licenses for all copies of the Products it has ordered, or Qu alifyingGovEntityAddendum(WW)ExEMEA(ENG)(Oct2019) Page 1 of 2 Document X20-12104 150 b. It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for (1) all copies of all Products for which payment has been made in full, and (2) the number of copies of Products it has ordered (including the latest version of Products ordered under SA coverage in an initial or renewal term) for which payment has been made in installments that is proportional to the total of payments made versus total amounts due if the early termination had not occurred. 6. Where "Extended Term" is available for eligible Online Services, the following is added: Enrolled Affiliate will not automatically have an Extended Term. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate may submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 7. The following provision is added: Natural Disaster. In the event of a natural disaster, Microsoft may provide additional assistance or rights by posting them on http://www.microsoft.com at such time. QualifyingGovEntityAddend um(WW)ExEMEA(ENG)(Ot2019) Page 2 of 2 Document X20-12104 151 �! Microsoft Program Signature Form MBAIMBSA number Agreement number Volume Licensing Proposal ID Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description I Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both rties (1) have received, read and understand the above contract documents, including any websit ocuments incorporated by reference and any amendments and (2) agree to be bound by they all such documents. Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* �► Tax ID * indicates required field 9 ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883 152 Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* # Printed Title ' f� Signature Date* * indicates required fi -k TIE Name of Entity (must be legal entity name)* ' " Signature* &WWI Printed First and Last Name* Printed Title Signature Date* �„ `� ,� * indicates required field If Custombr requires additional contacts or is reporting multiple Enrollments,'indude th appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it a ntract Documents to Customer's channel partner or Microsoft account manager, who must u I em to the following address. When the signature form is fully executed by Microsoft, Custo� ' eceive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6880 Sierra Center Parkway Reno, Nevada 89511 14 USA W\A, ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883 153 v N O N M O m a+ M d d M N M K j a C N CY QI 0 ON �N E o c Z N E N m Ln 2: a U N 0 rlw 'E r CL 0- 0 CD L O m T c m r F- U) U) Q Q w r E R a s O O 5" n R C O Z 01NO0NOO O'er WU ` fQ9Q.O.O m 4". O� M W a cm�tnrnao. y 1 a Q � mm N (D N 'IMN ON OO M m 00000 r- m000M Om m N r r , O N M lb m m m N O M W W :O t W N N m W Cm N CIL (O(D t (DM (DSM IO IO m 1 � 0 T t IO - M M O j(t ap tNN.- MN t W N M HHHEAHHHHHEAHHHHH A NII...N.. M m(DmON t lO (OO L M N I (DLO OO V t V N mM(D mtm mt m m MmOD W (nM n No,* �m m Cl) I- N N ( O to t CL H H fA H H H H H H H H H H H H W (D N(D IO LOON ON O M m 00 W (P r O N 00 M O m �m N h I-- r O N M000000M N O m O (D t 00 OO N m 00 Gm N NtDm t 10"! (DSM (f!(17 m (") .- O t t lfJ - m CO m K N m t t N N M N N {L H H H H H H H H H H H H H H H N m MMMON t N I- CO IO O Ott t N m M m (O t m m t m m M(D W OO IOM f- NIOt �m U M (- N N ( O to t a` H H H H H H H H H H H HEA H H M N (O IO M ON OM 0 a (q r m �OOM Om ON MMM MM mN0 m(Dm� t m OO Nm m� •O (D N_ N (O (D t (D M m - -MM IO D M O t t m 0 0 ( O t O 0 t N N M N t W N A H H H H H H H H H H H H H H H m i N t mit` Nr r M m(DM ON O Ott t N m M (D m t m m t m m (D W 00 IO M I'- N M t 00 ii M I N N Io to t IL H HHHHHHHHHHHHH H Ct t MMM (OM OO N N NN m m m O M IO O m �(O (Dm NN N Nt MMm C7 d O U N U C O � O J J U S w• Q Q Q U N V U U w C N m� - U U� U N U m (/J Q., O N U 6 nf En �U �U N U Q. Q J d y 0 0 0 OCU7(n c- =' U2 37a mQ�uai `m J U m (n ' (� O (n U U z Z D0 EUU c�>dz'2z z m LL mUU yU� s? m�QJN CDa C DZ((n� y o m o naDU) CL -ui (M9 C70U' 0LLLo LL U)n oaw aZ SON o IO In In In In In L d N (n (n r) (n p (D (O(D(O(D (D U �j.-J JJ 000 N C U M�M M M Mwaa`U)U)U) ft r m IL N� p p O 0 0 0 ry 0 (ti M N N N N O M O O O Op O p 6 9 0 0 00 0 00 ct�N J0Cb ,n CD2000a-2Q �Qmmam (m+�2�r-?r-mmm N A O F m tn rH INDIAN RIVER COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY DATE: September 25, 2024 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Zac Portwood, Acting Director of Information Technology SUBJECT: New Cingular Cell Radio Lease for King's Highway BACKGROUND In March 2004, the Board of County Commissioners entered into a lease agreement with Bellsouth Mobility, dba Cingular Wireless (now known as New Cingular Wireless, and owned by AT&T). The Agreement allowed New Cingular Wireless to install and operate a communications facility at Kings Highway Elevated Water Tank. On September 10, 2013, and again on October 15, 2015, and a third time on November 15, 2016, this License Agreement was Reinstated, Ratified, and Amended. This Agreement expired on March 28, 2024. New Cingular Wireless, in mutual interest with Indian River County, wish to Reinstate this agreement and make a Fourth Amendment. FUNDING There is no cost to the county as a result of this lease. New Cingular Wireless will pay One Million Twenty -Eight Thousand Five Hundred Thirteen and 00/100 Dollars ($1,028,513.00), in monthly increments of Seven Thousand Dollars ($7,000.00) over a period of ten (10) years. This money will be recorded under the Radio Tower Rents account. Name Account Number Amount Radio Tower Rents 471038-362011 $7,000 Monthly $84,000 Annually +4% Annual increase $20,000 Contingency RECOMMENDATION 157 Staff recommends the approval of this Reinstated and Amended agreement. Staff asks that the board authorize the Chairwoman to execute the agreement on their behalf. ATTACHMENTS 1. New Cingular Wireless Lease Agreement for Kings Highway Elevated Water Tank Reinstatement and Fourth Amendment 2. Original Lease 3. Second Amendment 4. Third Amendment 158 Market: FLORIDA Cell Site Number. 71360 Cell Site Name WEST VERO Fixed Asset Number. 10032101 REINSTATEMENT AND RATIFICATION OF AND FOURTH AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS THIS REINSTATEMENT AND RATIFICATION OF AND FOURTH AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT ("Fourth Amendment"), dated as of the latter of the signature dates below (the "Effective Date"), to that certain Elevated Water Tank Space License Agreement dated March 23, 2004 ("Agreement") as amended by the First Amendment to Elevated Water Tank Space License Agreement, dated September 10, 2013 ("First Amendment"), and the Second Amendment to Elevated Water Tank Space License Agreement dated October 20, 2015 ("Second Amendment"), and the Third Amendment to Elevated Water Tank Space License Agreement dated November 15, 2016 ("Third Amendment"), by and between Indian River County, a political subdivision of the State of Florida, having a mailing address of 1801 27th Street, Vero Beach, Florida 32960 ("Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 1025 Lenox Park Blvd NE, 3'd Floor, Atlanta, GA 30319 ("Licensee"). RECITALS WHEREAS, on March 23, 2004, Licensor and Licensee's predecessor in interest entered into the Agreement in which Licensor authorized certain use of the Land and Water Elevated Tank, located at 1805 58" Avenue in Indian River County ("Property")as set forth more fully therein which Agreement was amended by the First Amendment, Second Amendment, and the Third Amendment (collectively the "Agreement"); and WHEREAS, the term of the Agreement expired on March 28, 2024, and Licensor acknowledges that Licensee has been occupying the Premises on a month-to-month basis and Licensor has accepted License Fees during such month-to-month basis from Licensee and the parties mutually desire to renew the Agreement, memorialize such renewal period and modify the Agreement in other respects as set forth herein; and WHEREAS, Licensee desires to install and operate Additional Radio Communication Equipment on the Land and Elevated Tank, which equipment is described more fully on Exhibit G attached hereto ("Additional Radio Communication Equipment"); and WHEREAS, Licensor and Licensee desire to adjust the License Fee in conjunction with the modifications to the Agreement contained herein; and WHEREAS, Licensor and Licensee desire to amend the Agreement to modify the notice section thereof; and WHEREAS, Licensor and Licensee desire to amend the Agreement to permit Licensee to add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services; and WHEREAS, Licensor and Licensee, to their mutual interest, wish to amend the Agreement as set forth below accordingly. NOW THEREFORE, In consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Licensor and Licensee agree as follows: 1. Reinstatement, Ratification, and Recitals. The above recitals are true and correct, and are incorporated herein as if fully repeated, The Agreement is reinstated, ratified and confirmed, as amended herein, as of the Effective Date 2. Additional Radio Communication Ettuipment. Licensee shall have the right to install and operate Additional Radio Communication Equipment as more fully described in Exhibit G, subject to the remaining terms of the Agreement and this Fourth Amendment. Installation of the Additional Radio Communication Equipment shall be in accordance with the construction drawings previously submitted by Licensee and approved by Licensor's outside contractor ("CDs") attached herein in Exhibit G, though the actual types, numbers, mounting positions and locations are illustrative and may vary from what is shown. Said CDs shall also reflect any existing equipment that will remain on the Land and Elevated Water Tank. Licensee shall be responsible for all permits and assurances that installation of the Additional Radio Communication Equipment meets all applicable building codes and zoning requirements. Licensor authorizes Licensee to prepare, execute, and file all required applications to obtain any government approvals for Licensee's use of the Land and Elevated Water Tank under this Agreement. No later than ninety (90) days after installation of the Additional Radio Communication Equipment, Licensee shall obtain an inspection conducted by Licensors outside contractor of all equipment and the installation of the Additional Radio Communication Equipment to confirm compliance with the approved CDs. Licensee shall be responsible for the cost of such an inspection with that cost to be limited to the lesser of three (3) quotes. Any material non-compliance with the approved CDs shall be corrected immediately. No later than ninety (90) days after installation of Additional Radio Communication Equipment, Licensee shall hire Licensor's outside contractor at Licensee's expense, to perform any touch up to paint and finishes that were affected by installation of the Additional Radio Communication Equipment or relocation of existing equipment. Licensee shall be responsible for the cost of such paint and finish touchups with the cost of such to be limited to the lesser of three (3) quotes. A copy of the final inspection report shall be submitted to the Licensor within twenty (20) days of the report date. 3. License Fee. As partial consideration for this Fourth Amendment, Licensee agrees to pay a License Fee to Licensor in the sum of One Million Twenty Eight Thousand Five Hundred Thirteen and 00/100 Dollars ($1,028,513.00), payable monthly in Seven Thousand Dollar ($7,000.00) installments, as such monthly sum is modified by the escalator provision in the Agreement , over a ten (10) year term commencing on the earlier of (i) the first day of the month following the commencement of construction of the modification of Licensee's equipment at the Premises or, (ii) the first day of the month following the day that is sixty (60) days from the full execution of this Fourth Amendment, whichever comes first. Notwithstanding the foregoing, if Licensor exercises any of Licensor's rights to terminate the Agreement, if any, Licensee will be released from any and all of its obligations to pay the Licensee Fee. In addition, Licensee shall be released from any and all of its obligations to pay the Licensee Fee if any of the following shall occur: (a) Licensor is in breach of the Agreement, including but not limited to any default under the terms of the Agreement beyond any applicable grace and cure period; (b) there is a foreclosure of the Property; (c) any existing government permits and/or approvals cannot be obtained or maintained, at no fault of the Licensee; or (d) Licensee terminates the Agreement. 4. Term of Aareement. Paragraph 5 of the Agreement is hereby amended to extend the current term for an additional five (5) years, with the option to renew this Agreement for up to three (3) successive five (5) year terms ("Renewal Terms") on the same terms and conditions as set forth in the Agreement, except as otherwise agreed to by both parties. Such Renewal Term(s) shall be deemed automatically exercised unless Licensee notifies Licensor of its intention not to renew this Agreement at least sixty (60) days prior to the expiration of the then -current Renewal Term. 5. Termination by Licensor, Section 8(a) of the License Agreement is hereby deleted in its entirety and replaced with the following: "Licensor reserves the right to terminate this Agreement, upon twenty-four (24) months prior notice, if the Property is redeveloped and the Elevated Water Tank is removed. 6. Notices. Paragraph 15 of the Agreement is hereby deleted and replaced with the following: 160 NOTICES. All notices, requests, and demands hereunder will be given by first class certified or registered mail, return receipt requested, or by a nationally recognized overnight courier, postage prepaid, to be effective when properly sent and received, refused or returned undelivered. Notices will be addressed to the parties as follows. If to LICENSEE: New Cingular Wireless PCS, LLC Attn: TAG — LA Re: Cell Site # 71360 Cell Site Name: WEST VERO Fixed Asset #: 10032101 1025 Lenox Park Blvd NE 3rd Floor Atlanta, GA 30319 With copy to: New Cingular Wireless PCS, LLC Attn: Legal Department Re: Cell Site # 71360 Cell Site Name: WEST VERO (FL) Fixed Asset #: 10032101 208 S. Akard Street Dallas, Texas, 75202-4206 The copy sent to the Legal Department is an administrative step which alone does not constitute legal notice. Either party hereto may change the place for the giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 7. EmergencX 911 Service. In the future, without the payment of additional rent and at a location mutually acceptable to Licensor and Licensee, Licensor agrees that Licensee may add, modify and/or replace equipment in order to be in compliance with any current or future federal, state or local mandated application, including but not limited to emergency 911 communication services. 8. Unmanned Aircraft System. If Licensee elects to utilize an Unmanned Aircraft System ("UAS") in connection with its installation, construction, monitoring, site audits, inspections, maintenance, repair, modification, or alteration activities at a Property, Licensor hereby grants Licensee, or any UAS operator acting on Licensee's behalf, express permission to fly over the applicable Property and Premises, and consents to the use of audio and video navigation and recording in connection with the use of the UAS. 9. Chames. All charges payable under the Agreement such as utilities and taxes, if applicable, shall be billed by Licensor within one (1) year from the end of the calendar year in which the charges were incurred; any charges beyond such period shall not be billed by Licensor and shall not be payable by Licensee. The foregoing shall not apply to the License Fee which is due and payable without a requirement that it be billed by Licensor. The provisions of this subsection shall survive the termination or expiration of the Agreement. 10. Memorandum of Lease. Either party will, at any time upon fifteen (15) days prior written notice from the other, execute, acknowledge and deliver to the other a recordable Memorandum of Lease substantially in the form of the Attachment 1. Either party may record this memorandum at any time, in its absolute discretion. 11. Other Terms and Conditions Remain. In the event of any inconsistencies between the Agreement and this Fourth Amendment, the terms of this Fourth Amendment shall control. Except as expressly set forth in this Fourth Amendment, the Agreement otherwise is unmodified and remains in full force and effect. Each reference in the Agreement to itself shall be deemed also to refer to this Fourth Amendment. 12. Capitalized Terms. All capitalized terms used but not defined herein shall have the same meanings as defined in the Agreement. IN WITNESS WHEREOF, the parties have caused this Fourth Amendment to be effective as of the last date written below. Witnesses: LICENSEE: New Cingular Wireless PCS, LLC, a Delaware limited liability company By. _ d%I?.r>>:� By: AT&T Mobility Corporation Print Name: / lki iei rr40A Its: Manager STATE OF [_ .: COUNTY O On t of OZ before me, a Notary Public, personally appearedip�_ , as of AT&T Mobility Corporation, Manager of New Wireless PCS, LLC, a Delaware limited liabilityco y, "Licensee," who executed the foregoing instrument on behalf of said entity. Said person 11—is personally known to me, or 0 produced to me a satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he) (she) executed the same in (his) (her) capacity and that by (his) (her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. (Affix Seal] # * AMANDA SCHULTZ Notary Pubk State Of Florida Commission No. HH 243913 My Commission Expires: 3PlM26 ATTEST: Ryan L. Butler, Clerk of Court, and Comptroller By: Deputy Clerk Approved: John A. Titkanich, County Administrator Notatf Public, State off— Print Print name: Serial number: My commission expires: Licensor: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: Susan Adams, Chairman Approved by BCC: Approved as to form and legal sufficiency: William Debraal, County Attorney O d 0 Z c�z3 4C g 4-# Im z v pyo XZ0 W Z o r:QwN01 rOD�mLO00 O O W O O W N 0 0 00000 N N N N N N N 0 0 0 0 0 0 0 a J J J J J J J F-HHHHFI- 2222222 OdN'r-0)�tOt! O P h w w w w IAifMN1l WON r w r r r r 0 0000000 0 0 0 0 0 0 0 J J J J J J J tAMWNf�MN 3333333 t � f I t I I I Eli lige - 1 Ow _ SO; i r:QwN01 rOD�mLO00 O O W O O W N 0 0 00000 N N N N N N N 0 0 0 0 0 0 0 a J J J J J J J F-HHHHFI- 2222222 OdN'r-0)�tOt! 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IN I 1. r� �m� °�'� "Z 9�6 ioWo o � 4qw you S�� �•�y�„u �`c Y� <Ogzsz ° Mm j'2ggo�» 'u °u.~-jW g €p11oaH pr o YL� Is 9 2 or ii ,t Y �Wrc�1,R <9 q. �3���o . wo g$~QS. w� `�,F c °w`° ai° i s z���w~ i opOs «6 °dog Ia.o� +� zr ~ &3•Oju�� mW` #o`91 k� &5 js °oiu1. xo»se z Y i J LL Z� Y Y pW % � N J Wm� U LL 0 � paw IL m U Q 176 � = c Ni w O �LL i a 'rrrrrrrrrr�` �sn y o WOW'S <> 0{{yy `� pW z� F ZVO6 g$w� Min 7p+ i W .rif O¢y�C Fj O <O4 Cb 6 S 00 � W O N � � A ¢�❑iyJs� O LL n ai ♦ F�r►3 g n o 176 O Z w O �LL i a 'rrrrrrrrrr�` �sn y o WOW'S s J O W U N Z F, F Q r F z W S i 2 F z 176 w �LL i a 'rrrrrrrrrr�` �sn y o WOW'S 176 i a 'rrrrrrrrrr�` �sn WOW'S 176 . .... . . . .... . . _.... ... ... .... .. ��''| .� \�©^ ■§(§ ... .....�. ....... .. . . ... ...� . ....> ....> ....> .. .. : . . ... . . ..... . ..\ . . � .. .. ... .. ... .. .. . . ... . ... . ... . . «177 ; 2 i kR E2 §$ 9i§§99E /. kI■2K\ °aesoes a�-�� z }/ j2� 0 �§22 §§dc § 3: j§ z| 2|2gal 2 �| m S■| &■ ■§■ kR E2 §$ 9i§§99E /. kI■2K\ °aesoes a�-�� z }/ j2� 0 �§22 §§dc § 3: j§ c. rs w Q N Z TIW *I ® O z 9 Z (.Li ® ®® 0 U_ Of LLJ g Z LLJ ... d (L O a.: O � Z�n x r �M HN N � S M 3 i ay rs w Q N Z TIW *I ® O z 9 Z (.Li ® ®® 0 U_ Of LLJ Product Classification Product Type Plain end pipe General Specifications Pipe. quantity 1 Dimensions Height 73 66 mm 12 9 in Width 73.66 mm 1 2 9 in Length 3810 mm 1 150 in Pipe Length 3810 mm 1 150 in Pipe Outer Diameter 73 66 mm 12 9 in Material Thickness 5156 mm 1 0.203 in Material Specifications Material Type A500 I Hot dip galvanized steel Material (trade C Material Strength 46 KSI Packaging and Weights Included Pipe Packaging quantity 1 Weight, net 32 7 kg 1 72.091 Ib Regulatory Compliance/Certifications Agency Classification ISO 9001 2015 Designed, manufactured and/or &stnbuted under this quality management system O J W < 4 Z d U O 2 181 f yM�lV JI 4 �` FL Cingular Site: West Vero ELEVATED WATER TANK SPACE LICENSE AGREEMENT between INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND BELLSOUTH MOBILITY LLC This Elevated Water Tank Space License Agreement ("Agreement") is entered into this — 23rc1_ day of _March , 2004, between Indian River County, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960 (hereinafter "Licensor"), and BellSouth Mobility LLC, a Georgia limited liability company, d/b/a Cingular Wireless, its affiliates, successors and assigns, having an address at 6100 Atlantic Boulevard, Norcross, Georgia 30071 (hereinafter "Licensee"). Licensor is the owner of a parcel of land (the "Land") and a steel elevated water storage tank (the "Elevated Tank") identified as Kings Highway Water Tank and located at 1805 58 Avenue (College Lane west of 58a' Avenue), in Indian River County, Florida (the Elevated Tank and the Land are collectively, the "Property"). The Land is more particularly described in Exhibit "A" annexed hereto. Licensor hereby grants to Licensee a non-exclusive license to enter upon the Land and use space for the mounting of various antennas and associated equipment, including, but not limited to coaxial cables and supports on the exterior of the Elevated Tank, ground space for the installation of a prefabricated equipment shelter or construction of a communications building to be constructed on the Property, together with permission for access and to provide utilities (collectively, the "Premises") as described in Exhibit `B" attached hereto. The Premises may be used by Licensee solely for installation, operation, and maintenance of a communications facility and uses incidental thereto, as determined by Licensee, now or in the future to meet Licensee's telecommunications needs on the exterior of the Elevated Tank and ground space for the installation of a prefabricated equipment shelter ten feet by twelve feet (10' x 12') or construction of a communications enclosure to be constructed on approximately six hundred sixty square feet (660 sq. ft.), and Licensor acknowledges that Licensee will run flexible coaxial transmissions lines between the various antennas on the Elevated Tank and the radio equipment located in the equipment shelter, in accordance with all applicable laws, ordinances, and administrative regulations, and in accordance with the construction plans attached hereto as Exhibit "C". Licensor agrees to cooperate reasonably with Licensee, at Licensee's sole expense, in making application for and obtaining all licenses, permits and other necessary approvals that may be required for Licensee's above-described use of the Premises. Licensee may at any reasonable time during Licensor's regular business hours at the Elevated Tank following the full execution of this Agreement and Licensee's provision of proof of required insurance, and following notice to Licensor's Utility Services Director or his designee, enter upon the Premises for the purpose of making appropriate engineering and boundary surveys, structurals, environmental or other inspections, and constructing the Licensee Facilities (as ' defined in Paragraph 4(a) below). Page I IM FAUvlid=WTJUTV - ENGINEERING\WfP - South RO Cellular Antema and Wi cku Info\Ck%uW 007 - Kinp Hwy Water Tank Licem to Occupy My 09, 2004.DOC (a) Licensee may install, operate, and maintain on the Premises wireless antenna systems and associated equipment to be mounted on the Elevated Tank, an equipment shelter on the ground and flexible coaxial transmission lines between the antennas on the Elevated Tank and the radio equipment located in the equipment shelter ("Licensee Facilities"), as more fully described in Exhibit "D". In connection therewith, Licensee may install up to Nine (9) panel type antennas with dimensions no larger than 2' x 8'. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense and in a good and workmanlike manner. Provided that Licensee is not in default under any covenant or agreement contained in this Agreement, Licensee may remove all Licensee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement. At Licensor's option, Licensee shall repair or pay for any damage to the Premises or to the property caused by the removal of the Licensee Facilities. (b) Licensee shall pay for the electricity it consumes in its operations. Licensee shall obtain separate utility service and install a separate meter from any utility company that will provide service to the Property (including any standby power generator for Licensee's exclusive use). Licensor agrees to sign such documents or easements as may reasonably be required by said utility companies to provide such service to the Premises, including the grant to Licensee or to the servicing utility company at no cost to the Licensee, of an non-exclusive easement in, over across or through the Land as reasonably required by such servicing utility company to provide utility services as provided herein. (c) Licensee, Licensee's employees, agents, and subcontractors may reasonably access the Premises for installation, repair, or maintenance of Licensee's Facilities following notice to Licensor's Utility Services Director or his designee twenty-four (24) hours a day, seven (7) days a week, at no charge. In the event of an emergency, Licensee or its authorized agent(s) may access the Premises without prior notice but Licensee agrees to give notice to Licensor's Utility Services Director within twenty-four hours of such access. Licensor grants to Licensee, and its agents, employees, and contractors, a non-exclusive right and license for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit "B". (d) Licensor shall maintain all access roadways from the nearest public roadway to the Premises as customarily maintained for Licensor's ordinary use. Licensor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Licensee's use of such roadways the repairs of which shall be paid by Licensee. (e) Before commencing operation of the Licensee Facilities Licensee shall provide.to Licensor certification by a professional engineer licensed in the State of Florida that the design and installation of the Licensee Facilities meet or exceed AWWA standard D100 and all applicable building codes. (f) Upon completion of the Licensee Facilities Licensee shall provide to Licensor as -built drawings of the Licensee Facilities showing the location and details of the Licensee Facilities. Licensee shall be solely responsible for obtaining all federal, state, and county approvals, licenses, certificates, and permits, including an Indian River utility construction permit, for the construction operation and maintenance of the Licensee Facilities. (g) Licensee covenants and agrees that the Licensee Facilities and the installation, operation, Page 216$]34 FAUtkieclUTI M - ENGINEERDIOWTP - South RO1CcRuly Mtenow and Wveleo IafotCi Wdw 007 - KhW Hwy Water Tani License to Occupy My 08, 2004 -DOC and maintenance thereof shall not damage or impair the strength of the Elevated Tank and the accessories thereto or any other Licensee's equipment nor interfere with Licensor's use of the Elevated Tank. Licensee, after receipt of written documentation, will be responsible for cost of repair, for any damage caused by Licensee or by its agents, employees or invitees to the Elevated Tank or its accessories or to any other Licensee's equipment. (h) Licensee shall equip its Licensee Facilities with hurricane protection, lightning protection, and power surge protection. (i) Licensee covenants and agrees that, in the event Licensee needs to install utility services underground on the Property, Licensee shall submit to Licensor for approval or disapproval construction plans showing the location and path of any proposed trench or other excavation prior to the commencement of any work. Licensee shall be responsible for obtaining all necessary permits, and shall perform any trenching or excavation in a proper, workmanlike manner to prevent any interference with Licensor's or any other Licensee's property or equipment or use of the Property. The initial term of this Agreement shall be five (5) years commencing upon commencement of construction of Licensee Facilities or one hundred eighty (180) days from full execution of this Agreement, whichever first occurs ("Commencement Date") and terminating on the day preceding the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided herein. In the event Licensee is not in default in the performance of any term or condition of this Agreement, Licensee shall have the option to renew this Agreement for up three (3) successive five (5) year terms (the "Renewal Terms") on the same terms and conditions as set forth herein, except as otherwise agreed to by both parties. Each option for a Renewal Term shall be deemed automatically exercised without notice by Licensee to Licensor unless Licensee gives Licensor written notice of Licensee's intent not to renew to Licensor at least six (6) months prior to expiration of the then current term. 6_ LiC'RNgR, FRE. (a) Beginning on the Commencement Date, Licensee shall pay 9t "aftilimt License fee of TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) to be paid in equal monthly installments of ONE. THnT 1SATO SIX HUNDRED SIXTY STX AND 67/100 DOI.I.ARS C.S1,666-61) to be paid on the first day of each month to Licensor, in advance, without deduction or offset, at such place or places as may be designated in writing by Licensor at least thirty (30) days in advance of any rental payment date. Licensee shall pay all prevailing Florida sales taxes, if applicable, tangible property taxes associated with Licensee's Facilities, and intangible property taxes, as may be applicable. If the Commencement Date is on a date other than the first day of a calendar month, Licensee shall make a prorated payment of the installment of the annual rental payable for the first and last month of the term of this Agreement. (b) The license fee shall increase on each annual anniversary of the Commencement Date by an amount equal to four percent (4%) of the License fee for the previous year. (c) Licensee will have the right, at its sole cost and expense, to use a direct deposit system with regard to rent payments. Licensor agrees to cooperate with Licensee in providing requisite information to Licensee for such direct deposit. Page 3 d84 F: WtOiticx%V Rn Y - ENGMEMUNGIWTP - South ItMe luler Aruerom and Wixku Info\Ci gpdar 007 - Kirp Hwy Water Tank lioaue to Occupy Mer 08, 2004.DOC This section intentionally left blank and has been removed in its entirety. (a) The Licensor reserves the right to terminate this Agreement if Premises are needed for the use of Licensor upon one hundred eighty (180) days' prior written notice by Licensor to Licensee. Licensor may not terminate License for purpose of substituting a new or different licensee. (b) If Licensee defaults under any of the conditions set forth herein, Licensor shall have the right to terminate this Agreement upon thirty (30) days' written notice to Licensee. The occurrence of any one or more of the following events inter alfa shall constitute an "Event of Default" hereunder by Licensee: The failure by Licensee to make any payment of license fees or any other payment required to be made by Licensee hereunder, as and when due, where such failure shall continue for a period of 30 days after receipt of written notice thereof by Licensee. ii The failure by Licensee to observe or perform any of the covenants or provisions of this Agreement to be observed or performed by Licensee, where such failure shall continue for a period of 30 days after receipt of written notice by Licensee; provided, however, that it shall not be deemed an Event of Default by Licensee if Licensee shall commence to cure such failure within said 30 days and thereafter diligently cures the default within 60 days, unless written extension is granted by Licensor. iii The Licensee uses the Premises or the Property for any unauthorized or illegal purpose. iv The Licensee uses the Property for other than the use permitted by this Agreement. v The Licensee's or Licensee's employee's or agent's act or omission damages the Property or harms the environment and Licensee, after written notice from Licensor, has not repaired any damage or cured any failure within thirty (30) days after receipt of written notice by Licensee; provided, however, that it shall not be deemed an Event of Default by Licensee if Licensee shall commence to cure such failure within said 30 days and thereafter diligently cures the default within 60 days. Further written extensions may be granted by Licensor in its sole discretion. If there occurs an Event of Default by Licensee, in addition to any other remedies available to Licensor at law or in equity, if Licensee has not cured any failure within thirty (30) days after receipt of written notice by Licensee, provided, however, that it shall not be deemed an Event of Default by Licensee if Licensee shall commence to cure such failure within said thirty (30) days and thereafter diligently cures the default within sixty (60) days, Licensor shall have the option to terminate immediately this Agreement and all rights of Licensee hereunder unless written extension is granted by Licensor. (c) Licensor shall have the right to terminate this Agreement upon sixty (60) days' written notice if: Page M54 F. Wtihncslt TILITY - ENGINEERING',WTP - South RO\CeUuW Antmnas end Wfreless InfolCingular 007 - Kings Hwy Wow Tank License to Occupy Mar Og. 200A.DOC wan✓ i. Licensee defaults hereunder as described in paragraph 8; or ii. The Elevated Tank is wholly or partially destroyed by any cause and Licensor decides not to repair the Elevated Tank. The Licensee may terminate this Agreement upon sixty (60) days' prior written notice as follows: (a) If Licensee, exercising due diligence, after appropriate applications, is unable to obtain all necessary governmental approvals for Licensee's intended use of and improvements to the Premises as set forth in this agreement; or (b) If Licensee's application for any governmental approvals necessary for Licensee's use of the Premises and improvements contemplated by this agreement is denied; or (c) If any governmental approvals necessary for Licensee's use of the Premises and/or improvements to the Premises are canceled or are otherwise withdrawn, terminated, or denied so that Licensee will no longer be able to use the Premises for Licensee's use contemplated by this agreement; or (d) If Licensee is unable to utilize the Premises due to an action by the Federal Communications Commission ("FCC"); (e) If Licensor defaults on any covenant or term of this Agreement, which default is not cured within sixty (60) days of receipt of written notice of default; (f) For any reason or no reason, provided Licensee delivers written notice of early termination to Licensor no later than thirty (30) days prior to the Commencement Date; (g) If Licensee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference; or (h) The Elevated Tank is wholly or substantially destroyed from any cause and Licensor decides not to repair said Elevated Tank. (i) Any termination notice rendered by Licensee pursuant to this paragraph shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice where the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement, if any. If personal property taxes are assessed, Licensee shall pay any portion of such taxes attributable to the Licensee's Facilities. Licensee shall pay any real property taxes and assessments attributable to Licensee's occupancy and use of the Premises. Page 51t FAUttluiesMIF TTY - ENG[NEERINGIWTP - South ROTeHular Ataem s atd Wireku InfoZigular 007 - Kings Hwy Water Tank Lkaw to Occupy Mar 08, 2004.DDC *4000' N411 This Agreement may be sold, assigned or transferred at any time by Licensee to Licensee's parent company or any affiliate or subsidiary of Licensee or its parent company or to any entity with or into which Licensee is merged or consolidated, or to any entity resulting from a reorganization of Licensee or its parent company. However, Licensee shall not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises to a third party without the prior written consent of Licensor. Licensee shall not sublease or sublicense the Premises. This Agreement shall be binding upon the respective parties, their assigns, and successors. From and after the date the Agreement has been sold, assigned or transferred by Licensee to an approved third party agreeing to be subject to the terms hereof, Licensee shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action. Licensee takes the facilities as is and Licensor does not warrant that the facility is sufficient for the use intended by Licensee. Notwithstanding the foregoing, Licensor warrants that there are no deeds to secure debt, mortgages, liens, recorded agreements or judgments encumbering the Property and no restrictive covenants, or other encumbrances on the title to the Property that would prevent Licensee from using the Premises for the uses intended by Licensee as set forth in this Agreement. Licensor further agrees and warrants that it shall provide and be responsible for maintenance and repairs to the Elevated Tank to preserve the Elevated Tank in good order and condition. Licensor shall maintain all common areas on the Property and Premises. Licensor may allow Licensee to modify the facility to make the facility usable by Licensee. Such modification is subject to Licensor's prior written approval. All modifications which are approved by Licensor shall be made at the sole expense of Licensee. IRNMM lisIRS, 1, ll /► 1 11111 (a) Licensor understands and agrees that the continuity of Licensee's services is of paramount importance to Licensee. Licensor shall at all times exercise the highest standard of care and judgment to prevent damage to Licensee's services. Licensor will cause any subsequent licensees to verify by frequency search that its signal will not interfere with Licensee's. In the event any of Licensoe's other licensees' signal causes material interference with Licensee's Facilities, Licensor will exercise its best efforts to promptly and diligently resolve such problems after notice by Licensee to Licensor. In the event that material interference continues for a period of forty-eight (48) hours after Licensee sends written notice, Licensee shall so notify Licensor in writing, and Licensor shall cause the interfering operation to cease except for brief tests which are necessary to determine the cause of the interference. If such interference cannot be eliminated, Licensee, in its discretion, has the right to (i) request Licensor to cause the interfering party to cease operations permanently or (ii) request Licensor, upon full agreement with Licensee, to allow Licensee to relocate at a different location on the Elevated Tank, at Licensee's expense or (iii) immediately terminate this Agreement without further obligation to Licensor. Material interference shall be deemed to be any interference, which violates the terms and conditions of transmitter licenses, and/or rules and regulations of the Federal Communications Commission. In no event will Licensor be liable for any consequential damages (including, without limitation, lost profits) arising from any such interference. Page 614'4 F \Uulm=\UTILITY .. ENG1NEMNG\WTP - South RO\CeUWu Aatettttes and Wirelue hfoT-mg%dar 007 - UW Hwy Water Tach Litxme to Oaatpy Mer 08, 2004.DOC ,*111r `it.rr (b) Licensor agrees that Licensee shall have access to the Elevated Tank and the Premises on which the Elevated Tank is located 24 hours per day, seven days a week, following notice to Licensor's Utility Services Director or his designee for the purpose of maintaining and repairing its equipment. In the event of an emergency, Licensee or its authorized agent(s) may access the Premises without prior notice but Licensee agrees to give notice to Licensor's Utility Services Director within twenty-four hours of such access. Subsequent to the initial installation of the directional antenna system, Licensee may install and remove its equipment on the Elevated Tank only with the prior written consent of the Director of Licensor's Utilities Services, which consent shall not be unreasonably withheld, conditioned or delayed. Licensor's or Licensor's authorized agent's failure to approve or disapprove any additional items within fourteen (14) days following the request therefor shall be deemed an approval. However, Licensee does not have to obtain prior written consent from Licensor, Licensor's Director of its Utilities Services, or from any of Licensor's authorized agents to maintain, install, replace or remove any equipment located within its equipment shelter. (c) Nothing contained herein is intended nor shall be construed to waive Licensor's rights and immunities under the common law or Florida Statutes § 768.28, as amended from time to time. To the extent permitted by law, Licensor agrees to be responsible for any act or omission of Licensor, its agents, employees, licensees, or its independent contractors, which occurs during the term of this Agreement or alleged to arise from a breach of this Agreement by Licensor. If determined liable by a court of competent jurisdiction, Licensor shall pay all claims, losses, liens, settlements and judgments in connection, therewith, including, but not limited to, attorneys' fees and costs to defend all suits. 1111 V 0 16 1 i : yr (a) The installation, maintenance, repair, and removal of Licensee's equipment shall not damage the Premises or the Elevated Tank structure or the Property or interfere with the maintenance of the Property. (b) Licensee shall comply with all rules and regulations of the Federal Communications Commission, and all other applicable laws, ordinances, and regulations. (c) The Licensee shall, at least ten (10) days prior to Licensee's use or occupancy of the Premises, provide to the Licensor a certificate of commercial general liability insurance with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the Licensor's risk manager, in an amount not less than $3,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors, in accordance with the Licensor's Administrative Policy Manual. The Licensee shall, at least ten (10) days prior to Licensee's use or occupancy of the Premises, provide to the Licensor a certificate of business auto liability insurance with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the Licensor's risk manager, in an amount not less than $3,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos, hired autos, and non -owned autos, in accordance with the Licensor's Administrative Policy Manual. The commercial general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, the Licensee shall, at least ten (10) days prior to Licensee's use or occupancy of the Premises, provide to the Page Aft F:\Unlities\UTILITY - ENGINEERING\WTP - South RO\Cellular Antennas and Wvekas Ink C r gular 007 - Kings Hwy Water Tank License to Occupy Mar 09, 2004.DOC Licensor a certificate of worker's compensation insurance, including employer's liability, with a limit of $100,000 each accident, $500,000 disease (policy limit), $100,000 disease each employee, in compliance with all state and federal laws, and in accordance with the Licensor's Administrative Policy Manual. All required insurance shall be issued by a company that is authorized to do business in the State of Florida and that has a rating equal to or exceeding A -VII from A.M. Best's Insurance Guide. The Licensee shall provide to the Licensor at least thirty (30) days' written notice addressed to the Licensor's risk manager, prior to cancellation or reduction in coverage of this cell site only of any required insurance. Licensee shall cause any contractor or subcontractor performing any work on the Property to provide to Licensor certificates of insurance under the same conditions and with the same policy limits as required of the Licensee. (d) The Licensee hereby releases and holds harmless the Licensor, and the Licensor's officers, employees and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, Licensee's use or occupancy of the Premises and of the Property, or from any act or omission of any representative, agent, client, and/or employee of Licensee, and Licensee shall indemnify the Licensor against any such claims and any judgments that may be entered in connection therewith, including attorney fees. It is the intention of this indemnification agreement on the part of Licensee, and a condition of this agreement, that Licensee shall fully indemnify the Licensor and the Licensor's officers, employees, and agents, against any kind or character of claim whatsoever that may be asserted against the Licensor or against the Licensor's officers, employees, or agents, excepting, however, such liabilities and losses as may be due to or caused by the acts or omissions of Licensor or its officers, employees, or agents.. Licensee hereby agrees to defend any and all suits, claims, and causes of action brought against the Licensor or against the Licensor's officers, employees, or agents, arising out of or in connection with Licensee use or occupancy of the Premises and of the Property, and Licensee agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the Licensor or against any of the Licensor's officers, employees, or agents, in connection therewith. (e) Upon termination of this Agreement Licensee shall promptly remove all its equipment and shall at Licensee's sole expense restore the Property to the same condition in which it was prior to Licensee's use, except for normal wear and tear and damage covered by casualty insurance. All notices hereunder must be in writing and unless otherwise provided herein shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or as otherwise provided under applicable state law. Each party shall promptly notify the other party of a change of address as provided in this paragraph. Unless Licensor specifies otherwise in writing, Licensee shall direct license fee checks to Licensor at Licensor's address set forth in this paragraph. LICENSEE: Cingular Wireless Mail Code GAN02 6100 Atlantic Boulevard Norcross, GA 30071 Attn: Network Real Estate Administration Page 8Ifig F.�Utilitics\UTIUTV - ENGINEERING\N'TP - South RO\Cellular Mtavtas and N'irckm InfoZingular 007 - Kings Hwy- Wwa Tank Licmc to Occupy !Nur OS. 2004 DOC CM With a copy to: Cingular Wireless Site: West Vero 5201 Congress Avenue Boca Raton, FL 33487 Attn: Manager, Real Estate & Construction - Network And: Cingular Wireless LLC 5565 Glenridge Connector Suite 1700 Atlanta, GA 30342 Attn: Legal Department LICENSOR: Indian River County Board of County Commissioners 1840 25th Street, Vero Beach, FL 32960 Attention: Terry Smith, Telecommunications Manager General Services Department Phone: (772) 567-8000, Ext. 1318 Licensee shall not use, generate, store or dispose of any Hazardous Material (defined below) on, under, about or within the Property or the Premises in violation of any law or regulation. Licensee agrees to defend, indemnify and hold harmless the Licensor and the Licensor's officers, agents and employees against any and all losses, liabilities, claims and/or costs, including reasonable attorney fees and costs, arising from Licensee's breach this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, hydrocarbons, asbestos, any substance known to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive for one (1) year after expiration or termination of this Agreement. Licensor warrants, represents, and agrees that neither the Licensor nor, to the best of Licensor's knowledge, any third party has used, generated, stored, or disposed of any Hazardous Materials in, on, or under the Leased Premises, Property and contiguous surrounding property. "Hazardous Materials" shall mean petroleum or any petroleum product, asbestos, and any other substance, chemical, or waste that is identified as hazardous, toxic, or dangerous in any, applicable federal, state, or local law, rule, regulation, order or ordinance. To the extent permitted by law, Licensor agrees to be responsible for and hold Licensee harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees and consultants' and experts' fees) from the presence or release of any Hazardous Materials on Licensor's Property or contiguous surrounding property unless caused by Licensee or persons acting under Licensee. Licensor agrees not to subsequently sell, lease, or use any areas of Licensor's Property for the installation, operation, or maintenance of other wireless communications facilities if, such installation, operation, or maintenance would interfere with Licensee's facilities as determined by radio propagation tests performed by subsequent licensee at subsequent licensee's expense. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Licensee, Page 9 I F iutahieakun u7Y - ENGMEEMGIWTP - South ROT4Uw Ant mw sod Wvelas info\C Vdw 007 - Kola Hwy Water Tank lime to Occupy Ma 08, 2004.DOC 1%00.11 1140� Licensor shall be prohibited from subsequent licensing that area of Licensor's Property at that frequency. Licensor shall not be prohibited from the selling, leasing, or use of any of Licensor's Property for non -wireless communication use. In the event that the whole of the Property, including without limitation the Property and Elevated Tank, shall be or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this Agreement shall forthwith automatically cease and terminate. Licensor shall receive the entire condemnation award for Land, Elevated Tank and such other improvements as are paid for by Licensor, and Licensee hereby expressly assigns to Licensor any and all right, title and interest of Licensee now or hereafter arising in and to any such award. Licensee may recover from such authority, and shall not recover from Licensor, any compensation as may be awarded to Licensee on account of its interest in this Agreement. (a) This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement not being held invalid or unenforceable by a court of competent jurisdiction shall remain in full force and effect. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties, subject to the provisions of Paragraph 11, Assignment and Subleasing, of this Agreement. (d) This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by one party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. (e) All Riders and Exhibits annexed hereto form material parts of this Agreement. (f) This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. (g) Licensor shall not be responsible for any loss, damage, destruction, or theft of Licensee's equipment or property. (h) Once during the initial term and once during any Renewal Terms of this Agreement, Licensor may, upon sixty (60) days' written notice to Licensee, require Licensee to move or remove its equipment, including, but not limited to, antennas, cables, transmission lines, conduits, and supports, from the Elevated Tank, in order for Licensor to clean, paint, repair, or otherwise maintain the Elevated Tank. If such notice is given, Licensor agrees to permit Licensee to place temporary transmission facilities on the Property until such time as Licensor has completed the maintenance to the Elevated Tank. ihtiesWMLTTY . HNGINEERINGMT? - South RO\CiiluW Anrcm m and wffeku mfb\c Page 10)� 14 FAA mgnlsr oo� - � Hwy wtner rank license to t)ecupy Mar oa, 20o4.DOC sm 0 Upon prior notice to Licensee at least twenty-four (24) hours in advance, Licensor shall have access to the Premises, when accompanied by Licensee or its employee(s) or agent(s). 20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations, and agreements. No revision of this Agreement shall be valid unless executed in writing by both parties. IN WITNESS VO4EREOF, the parties have made and executed this Elevated Water Tank Space License Agreement on the 23rdday of March 2004. LICENSOR: Attest: J. K. Barton, Clerk INDIAN RIPER COUNTY - } _ by its Board of County Commissioners Deputy Clerk Caroline D. Ginn, ChaRinan IMPROVED: APPROVED AS TO FORM Date approved by BCC: 03-23-2004 �,_____ AND LEGAL SUFFICIENCY LICENSEE: County Administrator 4 ' BY iiam G. Collins IIBELLSOUTH MOBILITY LLC County Attorney d/b/a Cingutar Wireless Witness: By: ��"d l2r� Signature: W"Wy & B"Wr Print Name: _61ASHAISINGH Print Name: Mgr. tteW Fute & C-0* Title: ----- __ Witness- Sigiarsre: Print Nam�������,�tO_--- Name: F Fit) AME3 E. CHARS , LER/'COUNTTADMINIm C'\TRLQ' W .[ V— - LAIAIO d', w+iwd LW._vl DOC Page 11 of 14 192 EXHIBIT A Legal Description of Property PARENT TRACT THE SIIJTM 150 FEET OF THE VEST 150 FEET OF THE EAST 19.97 ACRES OF TRACT 9, SECTION S, TOWNSHIP 33 SOUTH, RANGE 39 EAST, ACCORDING TD THE LAST GENMAL PLAT OF LANDS ON THE INDIAN RIVER FARMS COMPANY FILED IN THE OFFICE IF THE CLERk OF CIRCUIT COURT OF ST. LUCIE COUNTY, FLO!mA, AS RECORDED IN PLAT XW 2, PAGE 25, SAID LAND NOW LYING AND DEING IN INDIAN RIVER COUNTY, FL.DRIDA. TOGETHER VITH AN EASEMENT FOR INGRESS, EGRESS, UTILITIES, AND DRAINAGE, OVER, UNDER AND ACROSS THE SOUTH 20 FEET OF THE EAST 19.97 ACRES OF SAID TRACT 9, LESS THE VEST ISO FEET THEREOF. -15- WP611REALEST,4 M&6 -F 118�u 7 28403/0194 Cs 11!+:2512003 193 Feb 24 04 12:37p Bechtel Sb4- P•.3 ADVANCED LAND ,SURVEYING AND MAPPING, INC. GFS And Conventional Survey Services LSG&L DESCRIPTION CINGUIJLR WIRELESS LICENSED PARC13L WEST VERO SITE SHBXT 1 OF 2 SEX SHEET 2 OF 2 FOR SKETCH A PORTION OF TRACT 9, SE:;'CION 5, TOWNSHIP 33 SOUTH, RANGE 33 EAST, ACCORDING TO THE PLAT OF LANDS ON THE INDIAN RIVER FARMS COMPANY AS RECORDED IN PLAT BOOK 2, PAGE 25, INDIAN RIVER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SAID TRACT 9; THENCE NORTH 89053'51" EAST, ALONG THE SOUTH LINE OF SAID TRACT 9, A DISTANCE OF 809.04 FEET; THENCE DEPARTING SAID SOUTH LINE. NORTH 00002'10" EAST, A DISTANCE OF 29.11 FEET TO THE POINT OF BEGINNING: THI24CE SOUTH 89053'51" WEST, A DISTANCE OF 20.00 FEET; TCE NORTH 00002'10" EAST, A DISTANCE OF 33.00 FEET; THENCE NORTH 89053'51" EA T, A DISTANCE OF 20.00 FEET; THENCE SOUTH 00002'10" WEST, A DISTANCE OF 33.0 FEET TO THE POINT OF BEGINVING. .0151 ACRES OR 660 SQUARE FEET, MORE OR LESS. xIRK B.JaTCHZr. Y. FLORIDA REGISTERED .SURVEYOR B YAPPER No.5692 CERTIFICATE OF ADTH0RI7AT=0N No. L.B. 6885 NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED E URVEYOR AND MAPPER. PREPARED: JULY 18, 2003 FILENAME: \\131-0015/131-015.EOc_ REVISED: AUGUST 18, 2003 "it. 9 20M 0ROJECT 709 East Michigan Street Phone (407) 509-2305 Orlando, FL 32806 Fast: (407) 540-0497 11 11 EXHIBIT E FI Feb 24 04 12:37p Q 1-11-11i NII'_:!ilei I j E pp �t`_ ��j•xait rti:!�`��1 i 1��� i i�.`�. f • P:} t 1 of P i ■ f'R� ii2at� P•�s�•►/i�:ip,j43 r•: ;j11 i9Rt� �: x 1 ■xt t�R I- c lirj � -f:r ic_� r•x x_ii�'p i!i9�'� 1 x i9rrrat!.91 ftle�!6s/.�. �,:.::-=R9aftt g q l I 3 �•'� i -iF I I t t" i„ it - I •P I asitic'• • �.� IIF :� 1 E - F .. a f i•� �� {�3 � 3+�5{�P Nil f! t "sit 3 3� � • r fis Pyi tf 1 ••ijt It! j3tl •i■ j12 LU —10 if fq ¢CD 9}134 i' Q 1-11-11i NII'_:!ilei I j E pp �t`_ ��j•xait rti:!�`��1 i 1��� i i�.`�. f • P:} t 1 of P i ■ f'R� ii2at� P•�s�•►/i�:ip,j43 r•: ;j11 i9Rt� �: x 1 ■xt t�R I- c lirj � -f:r ic_� r•x x_ii�'p i!i9�'� 1 x i9rrrat!.91 ftle�!6s/.�. �,:.::-=R9aftt g q l I 3 �•'� i -iF I I t t" i„ it - I •P I asitic'• • �.� IIF :� 1 E - F .. a 'EXHIBIT "c" Im p 3 3� � • r Pyi tf 'EXHIBIT "c" Im D EXIST. TELCO m EXIST. FENCE SPECIAL NOTE: 1) THERE SHALL BE NO EXPOSED OBSTRUCTIONS BEYOND THE LEASE PARCEL EXIST. WATER I TANK EXIST. WATER i TANK EXIST. i \\ POWER POLE i i UNDERGROUND O i CABLE DUCT FOR COAX CABLES � t t t 1 t1 � t 20 X 33 LEASE —� PARCEL ! _ NEW 10 x 12 EXIST. -- EQUIP. SHELTER ACCESS WELLS NEW FENCE J F1 GATE ❑ EXIST. GATE NEW 12' WIDE ACCESS ROAD EXIST. SHELTER EXIST. TREES TO BE RELOCATED MORRISON HERSHFIELD Two South University Odea, Suite, 245, Plantation, FL 33324 Tel 954.577.4655 For. 954.577.4656 State of Florlda CON 00009508 www.mortisonhe hfwld. rn COMPOUND PLAN xua: L/ie• - 7'-0• WEST0.VERO C INTERSECTION OF COLLEGE a AND 58TH AVE. a VERO BEACH, FL 32966 1p %r" Vw" tltL'FM 4+++►s+aa'�d[�,i :,� V EXIST. POWER POLE Wding�i x !ar J Rusts I •-13-03 CUEMr N7R '--- — --- _ MM I DATE n@ism a1 t1K ro mm W. pa I DMONM We we Ffd N. 7033054 C 8 W NEW 10 x 12 — EOUIP. SHELTER UNDEI CABLE COAX CABLES 4 EXIST. WATER TANK EXHIBIT "C" 197 COMPOUND PLAN -- KATE: 1/18• . I'-0' = MORRISON WEST VERO w X singular H£xSHFIBLID W NO WIRELESS TWO Sam W 4wsft D*G.Suite 245. W814alial. FL 3332• 'o INTERSECTION OF COLLEGE 10 TM: 964.8T AnS Foe 884M7A8U w AND 58TH AVE. ° -- cue" vw I c mw dPArkU CON" "MM a VERO BEACH, FL 32966 v wwwx*ffb 8we18MW.a�n NLI an IoergE n a4c on" M �- 8w 81R RZ Iv 703306' EXHIBIT "C" 197 G 14 :t U) c u . X r iEXIT "CP n mmnnmm�nnnnnnm 14 :t U) c u . X r iEXIT "CP ANTENNAE TO BE INSTALLED ON TOWER: Manufacturer and Type: Decibel / DB856DG90ESX Number of Antennas: 6 Weight and Dimensions of Antennas: 26 lbs. / 72"L x:12.5"W x 7"D Transmission Line Mfr. and Type: Cablewave / LCF158-50J Diameter and Length of Transmission Line: 1-5/8" dia. / 205'+/ - Height of Antennas on Tower: Centerline of 105'. Direction of Radiation: 950,2150,335" Rated Power: 52.10 Transmit Frequency (TX): 880-896 mHz TRANSMITTER EOUIPMENT: Manufacturer: Nokia Model Number: Ultrasite Power Output (WATTS): 100 -18- WP8I\REALES7114-056 6118TS8 7 28403/0194 cs 11/425/2003 200 INDIAN RIVER COUNTY, FLORIDA DEPARTMENT OF UTILITY SERVICES Date: October 7, 2015 To: Joseph A. Baird, County Administrator From: Vincent Burke, P.E., Director of Utility Services Prepared By: Cindy Corrente, Utilities Finance M nag Subject: Second Amendment to Elevated Wre;gan Space License Agreement with New lingular Wireless PCS, LLC DESCRIPTIONS AND CONDITIONS: In March 2004, The Board of County Commissioners entered into a lease agreement with Bellsouth Mobility, DBA Cingular Wireless (now known as New Cingular Wireless). The agreement allowed the Licensee to install and operate a communications facility at the Utility Department's elevated tank located at 1805 58`h Avenue (Kings Highway Tank). The license fee was $20,000 per year and included a clause that required a four percent increase per year. On September 10, 2013, the lease was amended to allow for installation of additional equipment on the tank. Presently, the annual lease fee is $48,466.32. ANALYSIS: Recently, a representative for New Cingular Wireless contacted staff to request permission to install a Propane Generator at the site. Since additional ground space is required for the generator and propane tank, a new license fee of $53,393.16 per year was agreed upon. The four percent increase per year remains in effect as well. FUNDING: I There is no'cost to the department as a result of this lease. However, the department will receive revenues as a result of this lease agreement. The revenues will be recorded in the operating fund under the Radio Tower Rents account. The operating fund is used to cover daily expenses encountered to provide services to existing customers. ACCOUNT NO.: Description Account Number Amount Padio Tovier Rents 471038-362011 $53,393.16 RECOMMENDATION: EM Staff recommends the approval of the attached Second Amendment to Elevated Water Tank Space Agreement with New Cingular Wireless PCS, LLC. and requests the Board authorize the Chairman to execute the attached lease on their behalf. ATTACHMENT(s): Second Amendment to Elevated Water Tank Space License Agreement APPROVED FOR AGENDA: sy: Jose h A. 8aird, County Administrator For: �� Date F:\Utilities\DO_UT#UTY AGENDA TEMPLATE & GUIDELINES\2015 Agenda Items\Agenda - AT & T Cellular LeaseSecond Amendment Kngs Highway Tank.doc 158 202 WAP UMA-9 - VKIUI MJ M;MMIR ® fill lMM F:\Utilities\DO_UT#UTY AGENDA TEMPLATE & GUIDELINES\2015 Agenda Items\Agenda - AT & T Cellular LeaseSecond Amendment Kngs Highway Tank.doc 158 202 l M SECOND AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS SECOND AMENDMENT ("Second Amendment's is made and entered into as of the day of , 2015, to that certain Elevated Water Tank Space License Agreement, dated March 23, 2004 ("License Agreement) as amended by the First Amendment to the Elevated Tank Space Agreement, dated September 10, 2013 (First Amendment), by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and New Cingular Wireless PCS, LLC, a Delaware Iimited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, Georgia 30324 (the "Licensee"). WHEREAS, on March 23, 2004, Licensor and Licensee's predecessor in interest entered into the License Agreement in which Licensor authorized certain use of the Land and Elevated Tank, as set forth more fully therein which License Agreement was amended by the First Amendment (collectively the Agreement); and WHEREAS, Licensee desires to install additional equipment on the Land and Elevated Tank, which equipment is described more fully on Exhibit E attached hereto ("Propane Generator"); and WHEREAS, Licensor is willing to allow installation ofthe Propane Generator, and related use of the Land and Elevated Tank, in accordance with the terms of this Second Amendment, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Propane Generator. Licensee shall have the right to install the Propane Generator on the I..and and EIevated Tank as described more fully in Exhibit E, subject to the remaining terms of the Agreement and this Second Amendment. Installation of the Propane Generator shall be strictly in accordance with the plans prezrio�=sly submitted by Licensee and approved by Licensor's outside contractor ("Plans"). Licensee shall be responsible for all permits and assurances that installation of Propane Generator meets all applicable building codes and zoning requirements. Licensor authorizes Licensee to prepare, execute and file all required applications to obtain any government approvals for Licensee's use of the Land and Elevated Tank under this Agreement. Licensee shall use the Propane Generator in the manner consistent with applicable law. No later than ninety (90) days after installation of the Propane Generator, Licensee shall obtain (at Licensee's expense) an inspection conducted by Licensor's outside contractor of the Propane Generator and the installation to confirm compliance with the Plans. Any material non-compliance with the Plans shall be corrected immediately. A copy of the final inspection report shall be submitted to the Licensor within twenty (20) days of the report date. 203 159 t€ 3. Labeling of Equipment. In connection with the installation of the Propane Generator, Licensee shall label all of ids; equipment, including coaxial cables, located onto be locatedon the Land or the Elevated Tank, so that Licensor and its contractors we able to distinpish Licensee's equipment from equipment owned by other licensees. This requirement shall apply to all equipment/cables, not just the Propane Generator. Verification of labeling shall be included with the copy of the final inspection report as described in Section 2 of this Second Amendment. 4. License Fee. Conanneokung upon completion of installation of the Propane Generator, the annual license fee shall be increases}, to: FIM -THREE THOUSAND, THREE HUNDRED NINETY-THREE and 16(100 :DOLLARS ($53,393.16) to be paid in equal monthly installments of FOUR THOUSAND FOUR HUNDRED FORTY-NINE and 43/100 DOLLARS ($4,"9l13� 5. No 'ces. Notices to the Licensee shall be addressed to the following: Licensee: NEW !LINGULAR WIRELESS PCS, LLC Billing Address: New Cingular Wed PC% LLC Atte: Network Real Estate Admuatiioa Re: Cell Site Name: WFST VERO (FL) Fixed Asset No: 10032101 575 Morosgo Drive Atlanta, GA 303.24, %A%ith a copy to: NEW CMU -LAR WIRELESS P(X LLC Attn: AT & T Legal Department Re: Cell Site N WEST VER© (FL) Fixed Ami No: 10032101 r 208 S..Akwd Mid Dallas, TX 7520.4206 6. Remah-iinp,'ferns. Except 8S modified herein, all remaining terms and conditions of the Agreement shall remain ihftdl force and effect. Capitalized terms not defined herein shall have the meaning set forth in the Agreement. 1) L 160 204 05 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Witnesses: Licensee: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: - Print name: Its: Date: 205 161 STATE OF _ COUNTY OF On the day of 2015, before me, a Notary Public, personally appeared , as of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, "Licensee," who executed the foregoing instrument on behalf of said entity. Said person O is personally known to me, or O produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal] ATTEST: Jeffrey R. Smith, Clerk of Court, and Comptroller By: Deputy Clerk Approved: 4 V&IA-d YC�t eph A Baird, County Adminis ator Notary Public, State of Print name: Serial number: My commission expires: Licensor: INDIAN RIVER COUNTY BOARD OF COUNTY COIV NUSSIONERS WM Wesley S. Davis, Chairman Approved by BCC: , 2015. Approved as to form and legal sufficiency: fi Ian T. Reingold, County Attorney 206 162 rn T-4 -,'0 t Lam. N. -AW. IRNA 9MJSl\.q 'a r.R � 946Z' U •Fi JN'j9 011FAA I 31%VtUR55%4d f� } ,w76 �]T! �LI P z � 101Zf00i x� rn T-4 -,'0 t i 1 O a g r.R � q zqv c z� f� } q Z z � x� f rn T-4 -,'0 t i 1 O a g v 4 q zqv c z� f� } C 163 aA.au;1 Y'III "1\ »t.lSta'R u 5 AAVUIN V-81 ^ cotu � ED 5 T7 It I [� >rdnc).t. Y"iit','�� �3�i.CCI\":t i $ � �.o �•a y3�� : fit - �^.4 3AY MWE MT mom d co� iL----L Fir- Nx, WEE ST VERO § [ �f1� ~ \ , \ pf ,\ ,ems ,a, VF-Ro BEINCI 1. 11.3r)(16 2 l §� § Q .., aa,ntur{s.\:ti\:s�t�ctx� i w �`" 7b,, y 9K)OU'U 'I DYAU 011"A t— as ZZ ( :tnt tt3as�cret ° le, 'f 4 it 7 I o u `ice A �e ? t - • _ ,3 G ri : ��n i ab4��3 i I ry maw s I c o kkq a�6 z U m J I 1 t � o N:-ta1U11rliA\'J.t71StX-.4 p s i�, i tj OV3A ?AN I LUS DDC: �I I c 4 ga. 'f � DDDL $' �'�1 � f � )�'" � � 0 p • 3 T� iV ' I F'>, � '.J% .�.n. �'a W.�� i�lli� � � G g i G v � `� . �i: s z I i _ ) (y x 101NOCI I 1 t � o p s kgYo fG 'C i lit kk�' 'y 'f LLI DDDL $' 9 e r v 0 p Boa � yEy In, X11111 'J�i ff G g � z 1i 4 I 1 t � o 'y 'f LLI I j i ac t C 0 p G g � z I _ ) i 168 m �g F Cc) 0 a 'tea e 0 Y.. -I& .L NRIVA DNLLSLX'.1( �r+ i 9%ZC'IJ '1 f7\'3y OK4A a,\v I IIAS M) T 11 S. I S 10 W I'McoDt F Cc) 0 a 'tea e 0 Bias a e a o�io�o ffi TE M. M �nuu ffi ��ss:s Aja J oioomo�mi �0�io o mi m�000 F Cc) 0 a 'tea e 0 a a M t—I N a e a ffi TE M. M ffi ��ss:s Aja J a a M t—I N � �� i li a;�.n1Tt:itS:x�N71S�X3 3,\V FLI/�lilYi ii m 0113AX11111 5v$gi AR III C 0 wj PIRG E� ion HI fill mm jF4�y� 1-] 4i 170 i li ii ii b 5v$gi R - ®ee jF4�y� 1-] 4i 170 4-4 c� If 8 Z �4. a' 0-*.. yam' i; O' ®19 j� OlUml Y tn N 171 O w cr S � z W � _ tn N 171 46 172 Prepared BY; Barbara Cohunbas General Dynamics 1750 Founders' Parkway, Saite 120 Alpharetta, Georgia 30004 Reform W Naw Cinguiar Wireless PCs, LLC 575 Morosgo Drive Atiants, Georgia 30324 Re: Cell Site Name: TC West Vero Fixed Asset Number:10032101 State: Florida County: Indian River Ckrk, Please Cron Refemaee: Dated June t, 2004, food for record kw 8.2004, Entry No. 1549609, Book 1742, page 7186, Jeffery K, Barton, Clad: of Cinmit Court Indian Riven County, Florida AMENDED AND RESTATED MEMORANDUM OF LICENSE AGREEMENT This Amended and Restated Memorandum of License Agreement of the Elevated Water Tank Space License Agreement is dated as of day of , 2015, and is between Indian River County, a political subdivision of the State of Florida ("Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company successor by merger to BellSouth Mobility LLC, a Georgia limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, GA 30324 ("Licensee"). 1. Licensor and Licensee entered into a certain Elevated Water Tank Space License Agreement dated March 23, 2004, as amended by that certain First Amendment to Elevated Water Tank Space License Agreement dated September 10, 2013, for the purpose of installing, operating and maintaining a communications facility and other improvements as described in Exhibit A attached hereto and made a part hereof, together with the improvements thereon *("Premises") and (ii) a Memorandum of License Agreement("Memorandum") dated as of June 1, 2004 and filed for record on June 8, 2004, in the Official Records of Indian River County, Florida at Instrument No. 1549608, Book 1742, Page 2186 (the "Memorandum") which Memorandum provides record notice of the License Agreement as it applies to the Premises. 1 173 217 Cm 2. The initial lease term under the Agreement commenced on March 23, 2004 and expired on March 22, 2009, with three (3) additional five (S) year renewal terms, the first term of which Licensee has already exercised. 3. It is the intention of the Licensor and Licensee to amend and restate the previous Memorandum of License Agreement referenced above to increase the portion of the existing licensed property as described on Exhibit "A" of the Memorandum and reflect the increase in size of the Premises as described in Exhibit "A-1"attached hereto. 2 218 174 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Witnesses: Licensee: NEW CINCULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation By: Its: Manager Print Name: STATE OF COUNTY OF On the day of 2015, before me, a Notary Public, personally appeared , as of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, "Licensee," who executed the foregoing instrument on behalf of said entity. Said person ® is personally known to me, or © produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal) ATC' T: Jeffrey R. Smith, Clerk of Court, and Comptroller By: _.— Deputy Clerk Approved: Notary Public, Sbft of Print name: c Serial number: My commission expires: Licensor: INDIAN RIVER COUNTY BOARD OF COUNTY COhMSSIONERS By: Wesley S. Davis, Chairman Approved by BCC: . 2415. Approved as to form and legal sufficiency: Dylan T. Reingold, County Attorney 220 176 & M t p�4� R - a fluo ...... . . . . . . . . is th kd. 177 THIRD AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS THIRD AMENDMENT ("Third Amendment") is made and entered into as of the 15ttday of November , 2016, to that certain Elevated Water Tank Space License Agreement, dated March 23, 2004 ("License Agreement") as amended by the First Amendment to the Elevated Tank Space Agreement, dated September 10, 2013 ("First Amendment"), and the Second Amendment to the Elevated Water Tank Space License Agreement dated October 20, 2015 ("Second Amendment"), by and between Indian River County, a political subdivision of the State of Florida, whose address is 1801 27th Street, Vero Beach, Florida 32960 (the "Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, Georgia 30324 (the "Licensee"). WHEREAS, on March 23, 2004, Licensor and Licensee's predecessor in interest entered into the License Agreement in which Licensor authorized certain use of the Land and Elevated Tank, as set forth more fully therein which License Agreement was amended by the First Amendment and Second Amendment (collectively the "Agreement"); and WHEREAS, Licensee desires to install and operate Additional Radio Communication Equipment on the Land and Elevated Tank, which equipment is described more fully on Exhibit F attached hereto ("Additional Radio Communication Equipment"); and WHEREAS, Licensor is willing to allow installation of the Additional Equipment, and related use of the Land and Elevated Tank, in accordance with the terms of this Third Amendment, NOW, THEREFORE, in consideration of the mutual undertakings herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Recitals. The above recitals are true and correct, and are incorporated herein. 2. Additional Radio Communication Equipment. Licensee shall have the right to install and operate Additional Radio Communication Equipment as more fully described in Exhibit F, subject to the remaining terms of the Agreement and this Third Amendment. Installation of the Additional Radio Communication Equipment shall be strictly in accordance with the construction drawings previously submitted by Licensee and approved by Licensor's outside contractor ("CD's") attached herein in Exhibit F. Said CD's shall also reflect any existing equipment that will remain on the Land and Elevated Tank. Licensee shall be responsible for all permits and assurances that installation of the Additional Radio Communication Equipment meets all applicable building codes and zoning requirements. Licensor authorizes Licensee to prepare, execute, and file all required applications to obtain any government approvals for Licensee's use of the Land and Elevated Tank under this Agreement. No later than ninety (90) days after installation of the Additional Radio Communication Equipment, Licensee shall obtain (at Licensee's expense) an 222 inspection conducted by Licensor's outside contractor of all equipment and the installation of the Additional Radio Communications Equipment to confirm compliance with the approved CD's. Any material non-compliance with the approved CD's shall be corrected immediately. No later than ninety (90) days after installation of Additional Radio Communication Equipment, Licensee shall hire Licensor's outside contractor at Licensee's expense, to perform any touch up to paint and finishes that were affected by installation of the Additional Radio Communication Equipment or relocation of existing equipment. A copy of the final inspection report shall be submitted to the Licensor within twenty (20) days of the report date. 3. Labeling of Equipment. In connection with the installation of the Additional Radio Communication Equipment, Licensee shall label all of its equipment, including coaxial cables, located or to be located on the Land and Elevated Tank, so that Licensor and its contractors are able to distinguish Licensee's equipment from equipment owned by other licensees. This requirement shall apply to all equipment/cables, not just the Additional Radio Communication Equipment. Verification of labeling shall be included with the copy of the final inspection report as described in Section 2 of this Third Amendment. 4. License Fee. Commencing upon completion of installation of the Additional Radio Communication Equipment, Generator, the annual license fee shall be increased to FIFTY-SEVEN THOUSAND, FIVE HUNDRED NINETY-THREE and 16/100 DOLLARS ($57,593.16) to be paid in equal monthly installments of FOUR THOUSAND SEVEN HUNDRED NINETY-NINE and 43/100 DOLLARS ($4,799.43). 5. Notices. Notices to the Licensee shall be addressed to the following: Licensee: NEW CINGULAR WIRELESS PCS, LLC Billing Address: New Cingular Wireless PCS, LLC Attn: Network Real Estate Administration Re: Cell Site Name: WEST VERO (FL) Fixed Asset No: 10032101 575 Morosgo Drive Atlanta, GA 30324 With a copy to: NEW CINGULAR WIRELESS PCS, LLC Attn: AT & T Legal Department Re: Cell Site Name: WEST VERO (FL) Fixed Asset No: 10032101 208 S. Akard Street Dallas, TX 75202-4206 6. Remaining Terms. Except as modified herein, all remaining terms and conditions of the Agreement shall remain in full force and effect. Capitalized terms not defined herein shall have the meaning set forth in the Agreement. 4 223 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Witnesses: Print Name: J b 5 c� Licensee: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager By: " Print name: Henry Galan Its: Area Manager Rrigr—mm-to Pei Date: 3 224 STATE OF / 91,►,0A, ) COUNTY OF W4M>,0L9 ) On the `�4 day of A�a� t k , 2016, before me, a Notary Public, personally appeared / 4Az- Aj , as *44 KOY 4W.9k of AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability company, "Licensee," who executed the foregoing instrument on behalf of said entity. Said person Ks personally known to me, or O produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he) (she) executed the same in (his) (her) capacity and that by (his) (her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and county last aforesaid. [Affix Seal] ro.PRr "ooh Notary Public State of Florida Amy M Meek C cR My Commission FF 110755 Of Ftp Expires 04/08/2018 ATTEST: Jeffrey R. Smith, Clerk of Court, and Comp Her By: 0yerk Jason E Notal ,AW, State of nDl%PA Print nam . Amy M. Meek Serial number: Ff' /► 015'5 - My commission expires: q,T -ty Licensor: INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS By: 130-e Bob Solari, Chairman Approved by BCC: NclyemhPr 15 = , 2?= Approved as to form and legal suffici•••...... • n;ER co County A ministrator D . Reingold, County Attorney 3 225 EXHIBIT F 226 Of LIJZ _ W V) Z � O �_ o yy 3 p ism oa$ nm v Co ULn CL'E Ek :t Of LIJZ _ W V) Z � O �_ o yy 3 o oa$ nm v Co ULn CL'E Ek :t a 2 tm g V / t� W to m ¢ w I Fs w U ¢ ae� R � 4 G jjiE.s— « �g O a _ _ tC 3 7 r U vjiE m �� o 16 0� 5 G < z SAS_ W 7€ aSQ3,gd ` sc4 SGT nE o33SWw o �� J � u U 3 ��Y§ayy 55 ZY �GG �Y z1 4Li J 3< OJ3e �i n me ~_ ¢ZI—UZ 0 �il�5' O g I mi LZw �p �'M W OU^n t7 W\U pa �+ p wee ffsn�? Qa. �` r 0Zo p "j-�70ZF% Q',. U. 0Oc p X32 1y E ; � € li z 5s ii fiii W 3t9i 0 o g g A.t lid v t�G 211 Z fr] J o� - Hi J s 1�r zgt N N o z H o o dp o m - ¢2 Z2 t7 p Y4 •.S� u � i ! i 33 1 � �3 < � y� ��4 j m8� ` N6.1 ' 3w 3w3 z1 od p y g v z W a �3ZE PJ ¢ i o u_( Eu c w ¢ u� 2-s> cg b N o a 2 t n 5 4 x €y W P e BFpg &2.6 dgmg $ 2s Ri, 2 H �8 Kgvc ` J �F qj w8 $, ��'�' Go o € e W O�� g^ �' �a In a Id < �p w a3 ` Cl o a � W �w�g w� 00 "' yovSi ym `w<' z � g0 �d w f-"�+ iz 3 a 0\ g S ta;as � : E.Q 3o a 3 M 8g g €g 8 3 �'J'u �� S S�F�n{ UnG 8 �`8. 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CC 1 x � t r - r14-1 , -40 R„ Piz Z . . Ul Z w �P cc i i - fig o M N 9 9 N M N Q: 'f N uj @I %�w#Pam,•`' 9 9 N M N Q: 'f N uj %�w#Pam,•`' 9 9 N M N rinjil Y @a p . u Ld Z z C:ti N p O: c K e 0 0 •3� y 6 : � � o, 2 � in � � O `5 Y p . u W 9 a cr 0 z z 0 z D O c� M M N Y . u 9F e W spm 1 ' 2 z 9 a cr 0 z z 0 z D O c� M M N Re: Cell Site Name: TC West Vero Fixed Asset Number: 10032101 State: Florida County: Indian River AMENDED AND RESTATED MEMORANDUM OF LICENSE AGREEMENT This Amended and Restated Memorandum of License Agreement of the Elevated Water Tank Space License Agreement is dated as of 15t -h day of NcnvPmhRm , 2016, and is between Indian River County, a political subdivision of the State of Florida ("Licensor") and New Cingular Wireless PCS, LLC, a Delaware limited liability company successor by merger to BellSouth Mobility LLC, a Georgia limited liability company, having a mailing address of 575 Morosgo Drive, Atlanta, GA 30324 ("Licensee"). 1. Licensor and Licensee entered into a certain Elevated Water Tank Space License Agreement dated March 23, 2004, as amended by that certain First Amendment to Elevated Water Tank Space License Agreement dated September 10, 2013, Second Amendment dated October 20, 2015, and Third Amendment dated mrn&em her 15-,,. 2016, for the purpose of installing, operating and maintaining a communications facility and other improvements as described in Exhibit G attached hereto and made a part hereof, together with the improvements thereon ("Premises") and (ii) a Memorandum of License Agreement ("Memorandum") dated as of June 1, 2004 and filed for record on June 8, 2004, in the Official Records of Indian River County, Florida at Instrument No. 1549608, Book 1742, Page 2186 (the "Memorandum") which Memorandum provides record notice of the License Agreement as it applies to the Premises. It is the intention of the Licensor and Licensee to amend and restate the previous Memorandum of License Agreement dated June 1, 2004. 2. The initial lease term under the Agreement commenced on March 23, 2004 and expired on March 22, 2009, with three (3) additional five (5) year renewal terms, the first term of which Licensee has already exercised. 234 IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the day and year first above written. Witnesses: //"' I By:AV�Itdli(— Print-Rame,01 Amv M. Meek Licensee: NEW CINGULAR WIRELESS PCS, LLC, a Delaware limited liability company By: AT&T Mobility Corporation Its: Manager n 3 untipn I/ 2 235 STATE OF FLIP40A ) COUNTY OF 6 100 [.& On the 3 ►d day of 2016. before me. a Notary Public. nersonally appeared Wkp-4 Gl&A-),) , as 14if- tf 4PNekof AT&T Mobility Corporation, Manager of New Cingular Wireless PCS, LLC, a Delaware limited liability orqppy, "Licensee," who executed the foregoing instrument on behalf of said entity. Said personNf is personally known to me, or O produced to me satisfactory evidence in the form of , to be the individual whose name is subscribed to the within instrument, and acknowledged to me that (he)(she) executed the same in (his)(her) capacity and that by (his)(her) signature(s) on the instrument, is the individual or the person on behalf of which the individual acted, executed the instrument. WITNESS my hand and official seal in the state and co ty last aforesaid. [Affix Seal] , far Py,, Notary Public State of Florida Notary State of l Amy M Meek My commission FF 110755 Print name: 1 Amy M. Meek nom Expires 04108!2018 Serial number: F1` 0165 My commission expires:14-2-If ATTEST: Jeffrey R. Smith, Clerk of Court, and Compt ler By: _;— -- Dep6ty Qkrk Approved: Jason E >/rowrt County Licensor: r' G"."•�""' 4k INDIAN RIVER COUNTY B 01 COUNTY COMMISSIONERS j LIN Approved by BCC: Novae -15 12016. Approved as to form and legal sufficiency: yl . Reingold, County Attorney 236 i EXHIBIT G SM IN ' §: ., •6■| 4. /gig R; za t, , } / ; \ � ,• �� ,; E « � } \ ..w { o ' » p a , §§, SM IN ' §: ., •6■| 4. /gig R; za t, , } / ; \ � ,• �� ,; E « � } \ ..w { o ' » p a , { } k / k} R�i � |�■�# ! § /Gb @ a a! I 1 Consent Item INDIAN RIVER COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY DATE: September 25, 2024 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Zac Portwood, Acting Director of Information Technology SUBJECT: MetroPCS Cell Radio Lease King's Highway First Amendment BACKGROUND In 2005, Indian River County Board of County Commissioners entered into a lease agreement with MetroPCS California/Florida, Inc. (now known as MetroPCS Florida, Inc a Delaware limited liability company and owned by T - Mobile). The Agreement allowed MetroPCS to install and operate a communications facility at Kings Highway Elevated Water Tank. MetroPCS desires to enter into a First Amendment of this agreement. FUNDING There is no cost to the county as a result of this lease. However, the county will receive revenue as a result of this lease agreement. The revenue will be recorded in the operating fund under the Radio Tower Rents Account at a monthly license fee of Four Thousand Nine Hundred Fifty Dollars ($4,950.00) per month, subject to a 4% annual increase. Name Account Numbert$4 unt Radio Tower Rents 471038-362011 50 Monthly 400 Annually RECOMMENDATION Staff recommends the approval of this amended agreement. Staff asks that the board authorize the Chairwoman to execute the agreement on their behalf. ATTACHMENTS 239 1. MetroPCS Lease Agreement for Kings Highway Elevated Water Tank First Amendment 2. Original Lease Site # A2P0308M Market: Miami FIRST AMENDMENT TO LICENSE ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS FIRST AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT LICENSE ("Amendment" or "First Amendment") is made and entered into by and between Indian River County, a Political Subdivision of the State of Florida ("The County"), and MetroPCS Florida, Inc a Delaware limited liability company FKA: MetroPCS California/Florida, Inc., ("Licensee"). RECITALS WHEREAS, The County and Licensee (or as applicable, their respective predecessors in interest) entered into a Rooftop License with Option dated March 16, 2005 (the "Licensee Elevated Water Tank Space License Agreement" hereinafter "Agreement"), with respect to the premises located at 1805 58h Avenue in Indian River County, Florida (the "Premises") hereinafter, collectively referred to as the "License" WHEREAS, The County and Licensee desire to enter into this First Amendment in order to modify and amend certain provisions of the License. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and Licensee covenant and agree as follows: 1. USE The County shall have the right to modify its antenna facilities as described and depicted in Exhibit A-1, which is attached hereto and by this reference incorporated herein, and the County hereby consents to and approves of the modifications 2. LICENSE FEE Commencing the earlier of (i) the first day of the month following the commencement of construction of the modification of Licensee's equipment at the Premises or, (ii) the first day of the month following the day that is sixty (60) days from full execution of this First Amendment, the monthly license fee shall increase to Four Thousand Nine Hundred Fifty Dollars ($4,950.00) per month, , subject to a 4% annual escalator as provided in the License. 3. TERMINATION Upon execution of this Amendment, the Parties agree that Tenant may terminate this Lease upon thirty (30) days prior written notice to Landlord, for any of the following reasons: (i) changes in local or state laws or regulations which adversely affect Tenant's ability to operate; (ii) a Federal Communications Commission ("FCC") ruling or regulation that is beyond the control of Tenant; (iii) if Tenant is unable to obtain or maintain any Governmental Approval required for the construction or operation of Tenant's Antenna Facilities (iv) an event caused by the County which will prevent the authorized Use of the Premises by Licensee as described in the Agreement except within ninety (90) days prior to the expiration of an Option tern other than the current term. In the event of any prior termination of the Agreement, Licensee agrees to pay and is obligated to pay to Licensor the License Fee as amended herein for a minimum of ten (10) years from the date that is sixty (60) days from the full execution of this First Amendment. The Licensor guarantees to waive the right to terminate for the first (10) years from the date of the execution of this First Amendment. 4. TERM OF AGREEMENT Upon the expiration of the current Renewal Term, the Agreement will renew for an initial ten (10) year term and then the Licensee has the option to extend this Agreement for three (3), additional five (5) year renewals under the same terms and conditions as set forth in this Agreement as amended by this First Amendment. TMO Signatory Level: L03 NLG -92255 241 Site # A21`0308M Market: Miami 5. NOTICE The Parties notice addresses in the License are deleted in their entirety and replaced with the following: If to Licensee: If to The County: MetroPCS Florida, Inc a Delaware limited liability company Indian River County Attn: License Compliance/Site No. A2P0308M 1801 2r Street 12920 SE 381h Street Vero Beach, FL 32960 Bellevue, WA 98006 6. The terms and conditions of the License are incorporated herein by this reference, and capitalized terms used in this First Amendment shall have the same meanings such terms are given in the License. Except as specifically set forth herein, this First Amendment shall in no way modify, alter or amend the remaining terms of the License, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the License and this First Amendment, the terms and conditions of this First Amendment will govern and control. 7. The County represents and warrants to Licensee that no consent or approval of any third party, including, without limitation, a lender, is required with respect to the execution of this First Amendment, or if any such third -party consent or approval is required, The County has obtained any and all such consents or approvals 8. This First Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Signed copies of this First Amendment shall legally bind the parties to the same extent as original documents. 9. Each person executing this First Amendment, on behalf of Licensee, does hereby covenant and warrant that Licensee is a duly authorized and existing company, that Licensee has, and is qualified, to do business in Florida, that the company has full rights and authority to enter into this amendment, and that each person signing on behalf of the company is authorized to do so. Signatures to follow on next page TMO Signatory Level: L03 NLG -92255 242 Site N A21'0308M Market: Miami IN WITNESS WHEREOF, the parties have executed this First Amendment effective as of the date of execution by the last party to sign. MetroPCS Florida, Inc. Indian River County a Delaware limited liability company a Political Subdivision of the State of Florida s By: Na e:s Title: !�� ,�j�((.�(/�/C�,e(� Name: Susan Adams B Date: /�- �� y� Title:Chairman, Indian River County Board of- � County Commissioners ., ogiuny TMO t� "`M x:. - Le al ��� 9 Approved by BCC:: ' Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller # P; B Y: Deputy Clerk Approved as to Form and Legal Sufficiency: PP g Y -. Bill DeBraal, County Attort;ury _6..:. IF 3 TMO Signatory Level: L034. 6 x NLG -92255 :24. A�Pt)3t)8�A • IONGS. HIGHWAY ■ ■MOb l e WATER TANK Xe102 Fl 32"e :. .. ... 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Ma1�NrIw��Arww.ra�.Ifa1�aR�la+w+a+! n �r.�.,aT!'111+s - . j,.illw.�rti�sf��.Mlarr+rwr•7�wai�a�ws :ii�ea�riw.�rtias*!4a+nit+rwrw�nw+. iC rarari raryFlF�aF7�awwrlrMti .... .... .... 1 .R�a4ia�r��aM.111R�aWa1�M����M�s r.MAR t Site k A2P0308M Market: �Miami I a Site # A2P0308M Market: Miami INDIAN RIVER COUNTY, FLORIDA ADEN" ITRM ..� ■ wn�tn■ Date: Thursday, April 2I,.2005= To: - Joseph A. Baird, Couity.Admutistmtor 14Z. Thru: W. Erik Olson, Di rentor of Utility Services Prepared By: Steven J. Doyle, P.E., Assistant Director of Utilities + Subject: License Agreement(s) with Metro PCS for placing cell lar equipment & occupying apace at the Kings Highway and Gifford Elevated Water Tank ties BACKGROUND: Metro PCS Wireless has been in negotiation with Staff for several months concerning the use of the Dings Highway Elevated Water Storage Tank, located just west of 58`h Avenue along College Lane, and the Gifford Elevated Water Tank on 28* Court. Metro PCS cellular coverage in this area is weak and in an effort to uiiprove service, Metro PCS has requested permission to install antennas on the elevated water tanks. ANALYSIS: The proposed license agreements negotiated with Metro PCS provide a source of revenue for Indian River County. The County has other wireless cellular carriers (PrimeCo, T -Mobil, Cingular) that utilize the elevated water storage tanks as support structures for their antennas. `l`he proposed agreements generally duplicate the existing agreements with other carriers. The Agreements allow for the installation of antennas and equipment enclosures at both elevated tanks. Several carriers ut&l a the elevated water tanks for communications and there has not been any negative impact to the operations of Utilities because of their presence. Staff by these agreements, is proposing a similar mixgpu ent with Metro PCS. The proposed agreements with Metro PCS are for a five : (5) .year tam with three (3) subsequent automatic five-year renewals that equate to a maximum period of 20 -years. The initial anmW license se fee (revenue) proposed for Metro PCS is S20,000.00 to match the annual rate currently in place with the other carriers. An annual escalation cost of 4% has also been incorporated into the Agreements, again duplicating the other Agreements. RECON, NDA_ TION: The staff of Utility Services Department recommends that the Board of County Ce113mi35i0r4n approve the fbllowing: } -- a) Approve the use of the Kings Highway and Gifford Elevated Water T'anknk.sites. flue placement . of antennas and other wireless communication equipment (enclosures). i b) Authorize the Chairman to endorse the Ekwted Water Tank Space License AVvemenu between . Indian River County and Metro PCS Wireless. A ' MENT: a)_ Elevated Water Tank Space License Agreements (2) Between Indian River County , iMetcu PCS. PROVED FOR AGENDA: By: Joseph Baird, County Administrator L ..... ..... ....w. ew....+«rkr : r;..., ►1i.h.vnv ,nd f.iffnrd Water Tanks Metro PCS.doc A,. ELEVATED WATER TANK SPACE LICENSE AGREEMENT between INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA S1A� 06V AND METROPCS CALIFORNIAIFLORIDA, INC. PCS SITE AGREEMENT This Elevated Water Tank Space License Agreement ("Agreement") is entered into this 16`' day of March , 2005, between Indian River County, a political subdivision of the State of Florida, whose address is 1840 25h Street, Vero Beach, 'FL 32960 (hereinafter " The County), and MetroPCS Califomia/Florida Inc., (hereinafter MetroPCS or Licensee), and its affiliates, successors and assigns, having an address at 1401 NW 1360 Avenue, Suite 304, Sunrise, FL. 33323. 1. LOCATION. The County is the owner of a parcel of land (the "Land") and a steel elevated water storage tank, (the "Elevated Tank"), identified as Kings Highway Water Tank, located at 1805 581' Avenue (College Lane West of 58th Avenue) in Indian River County, Florida. (The Elevated Tank and the Land are collectively, the "Property"). The property is more particularly described in Exhibit "A" annexed hereto. County hereby grants to MetroPCS, a non-exclusive license to enter upon the Land, and use space for the mounting of various antennas and associated equipment, including, but not limited to coaxial cables and supports on the exterior of the Elevated Tank and ground space for its equipment, together with permission for access and to provide utilities (collectively, the "Premises") as described in Exhibit "B" attached hereto. 2. USE. The Premises may be used by Licensee solely for installation, operation, and maintenance of a communications facility and uses incidental thereto, as determined by Licensee, now or in the future to meet Licensee's telecommunications needs on the exterior of the Elevated Tank and ground space for equipment on approximately two hundred square feet (200 sq. ft.), and Licensor acknowledges that Licensee will run flexible coaxial transmissions lines between the various antennas on the Elevated Tank and the radio equipment located on the ground, in accordance with all applicable laws, ordinances, and administrative regulations, and in accordance with the construction plans attached hereto as Exhibit "C". Licensor agrees to cooperate reasonably with Licensee, at Licensee's sole expense, in making application for and obtaining all licenses, permits and other necessary approvals that may be required for Licensee's above-described use of the Premises. 3. TESTS AND CONSTRUCTION. Following the full execution of this Agreement and Licensee's provision of proof of required insurance, and following notice to Licensor's Utility Services Director or his designee, enter upon the Premises for the purpose of making appropriate engineering and boundary surveys, structurals, environmental or other inspections, and constructing the Licensee Facilities at any reasonable time during the County's regular business hours, (as defined in Paragraph 4(a) below). 253 309 Page I of 15 4, ANTENNA, INSTALLAnON. (a) MetroPCS may install, operate, and maintain on the Premises, wireless antenna systems and associated equipment, to be mounted on the Elevated Tank, and equipment on the ground and flexible coaxial transmission lines betwan, the antennas on the Elevated Tank and the radio equipment located in the ground space ("MetroPCS Facilities), as more fully described in Exhibit "D". In connection therewith, MetroPCS may install up to Nine (9) panel type antennas., each with dimensions no larger than Z' x g': Ail of.M+eVoPCS's construction and installation work shall be performed at their sole cost and expense, and in a good and workmanlike manner. Provided that MetroPCS is not in default under any covenant or agreement contained in this Agreement, they may remove all their Facilities at their sole expense; on or before the expiration or earlier termination of the Ate. At ' the County's option, MetroPCS shall repair or pay fbr any damage to the Premises, or to the property, caused by the removal of the MetroPCS Facilities. (b) MetroPCS shall pay for the electricity it consumes in its operations. They shall obtain separate utility service, and install a separate meter from any utility company that will provide service to the Property. (Including any standby power generator for their exclusive use). 7U County agrees to sign such documents or easements as may reasonably be required by said utility companies to provide such service to the Premises, including the grant to MetroPCS, or to the servicing utility company, at no cost toMetroPCS,. of a non-exclusive easement ham, off, across, or through the Land as reasonably required by such servicing utility company to provide utility swvices as provided herein. (c) MetroPCS, its employees, agents, and subcontractors may reasonably access the Premises for installation, repair, or maintenance of MetroPCS Facilities 244ours a day, 7 -days a week, following notice to the County's Utility Services Director, or his designee. In the event of an emergency, MetroPCS, or its authorized agent(s), may access the Premises without prior notice but MetroPCS agrees to give notice to the County's Utility vices Director within twenty-four hours of such access. The County grants to MetroPCS, and its agents, employees, and contractors, a non- exclusive right and license for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit "B" (d) The County shall maintain all access roadways from the nearest public roadway to the Premises as customarily maintained for the County's_ordinary use. The County shall be responsible for maintaining and repairing such roadway, at its sole expense, except forany age caused by MetroPCS use of such roadways, the repairs of which shall be paid by MetroPCS. (e) Before commencing operation of the MetroPCS Facilities, they shall provide to the Coxmty, certification by a professional engineer licensed in the State of Florida, that the design and installation of the MetroPCS Facilities zit or exceed AWWA standard D100 and all applicable building codes. (f) Upon completion of the Facilities, MetroPCS shall provideto the County as -lam drawings of the Facilities showing the location and details of the MetroPCS Fanilities. MetroPCS shall be solely responsible for obtaining all federal, state, and county approvals; licenses, ceitificates, and permits, including an Indian River -Utility Construction Permit, for the construction, operation, and I maintenance of MetroPCS Facilities. ... Put 2 of 1S: 310 1 i NOMI (g) MetroPCS covenants and agrees that the Facilities and the installation, operation, and maintenance of, shall not damage or impair the strength of the Elevated Tank nor the accessories thereto, nor will any other of their equipment interfere with the County's use of the Elevated Tank. MetroPCS, after receipt of written documentation, will be responsible for cost of repair for any damage caused by MetroPCS, or by its agents, employees or invitees to the Elevated Tank, or its accessories, or to any other Licensee's equipment. (h) MetroPCS shall equip the Facilities with hurricane protection, lightning protection, and power surge protection. (i) In the event MetroPCS needs to install utility services underground on the Property, Licensee shall submit to Licensor for approval or disapproval construction plans showing the location and path of any proposed trench or other excavation prior to the commencement of any work. Licensee shall be responsible for obtaining all necessary permits, and shall perform any trenching or excavation in a proper, workmanlike manner to prevent any interference with Licensor's or any other Licensee's property or equipment or use of the Property. 5. TERINIS OF AGREEMENT The initial terms of this Agreement shall be five (5) years commencing at the full execution of this Agreement. The Agreement shall terminate on the day preceding the fifth anniversary of the Commencement Date, unless otherwise terminated as provided herein. In the event that the Licensee is not in default in the performance of any term or condition of the Agreement, MetroPCS shall have the option to renew this Agreement for up to three (3) successive, five (5) year terms under the same terms and conditions as set forth herein, or except as otherwise agreed to by both parties. Each option for renewal shall be deemed automatically exercised with notice byMetroPCS, to The County, unless Licensee provides written notice of intent not to renew to The County at least six (6) months prior to expiration of the current term. 6. LICENSE FEE a) Beginning on the commencement date, , MetroPCS shall pay to The County, an annual license fee of TWENTY THOUSDAND AND 00/100 DOLLARS, ($20,000.00), to be paid in equal monthly installments of ONE THOUSAND SIX HUNDRED SIXTY SIX, and 67/100 DOLLARS, ($1,666.67), to be paid on the first of the month starting from execution of these documents, without deduction or offset, at such place or places as may be designated, in writing, by The County at least thirty (30) days in advance of any payment date. MetroPCS shall pay all prevailing Florida sales taxes, if applicable, tangible property taxes associated with the Licensee's facilities, and intangible property taxes, as may be applicable. b) The license fee shall increase annually by four (4%) percent over the license fee for the previous year. Such increase shall occur on October 1 S` of every year, at the beginning of The County's fiscal year. c) Licensee shall have the right, at its sole discretion and expense, to use a direct deposit 255 311 Page 3 of 15 { i system with regard to rent payments: The County agrees. to cooperate with Licensee in providing requisite information for such direct deposit. 7. SECURITY DEPUSTT. This section intentionally left blank and has been removed in its entirety. S. TERMINATION BY LICENSOR. (a) The County reserves the right to terminate this Agreement upon one hued, 180 days prior written notice, if Premises are needed for the use of The County. The Cour y� not terminate Licensee for thepurpose of substituting a new or different licensee. (b) If MetroPCS defaults under any of the conditions set forth herein, the County shall have the right to terminate this Agcy upon thirty (30) days written notice: toMetroPCS. The occurrence Of any one or more: of the fbIiowieg events hater alio shall constitute an "Event of Default" hereunder by Licensee: i. The failure by MatroPCS to make any payment of license fees or any other payment required to be made by The County hereunder, as and when due, where such failure shall continue for a period of 30 days after receipt of written notice thereof byMetroPCS ii The failure by MetroPCS to observe or perform any of the covenants or provisions of this Agreement to be observed or performed by MetroPCS, where such failure shall continue for a period of 30 days after receipt of written notice by MetroPCS.; provided, however,: that it shall not be deemed an Event of Default by MetroPCS if they shall commence to cum such ..... failure within said 30 days, and thereafter diligently cure the default within .60 days, unless written extension is granted by The County. ; iii MetroPCS uses the Premises or the Property for any unauthorized or illegal ase. iv MetroPCS uses the Property for other than the use permitted by this Agreement. v The MetropcS, or its employee's or agent's acts or omissions damages the Property or harms the envirorunent and MetroPCS, after written notice from County, has not repaired any damage or cured any failure within thirty (30) days after receipt of written notice by MetroPCS; provided, however, that it shall not be: deemed an Event of Desault by f Licensee if they shall commence to cure such failure within said 30 days and thereafter diligently cures the default within 60 bays. ,Licensor may grant further written extensions in its sole discretion. If there occurs an Event of Default by MetroPCS, in addition to any Cather remedies available to County at law or in equity, if Licensee has not cared any failure within thirty (30) days after receipt j of written notice by MetroPCS, provided, however, that -h shall not be deemed an Event of Defa * . E by Licensee if MetroPCS shall, commence to cure such failure within said thirty (j days and thereafter diligently ge y cures the default within: sixty ( i) dtrys, County shall have, tha option. to terminate immediately this Agreement, and all rights raf MetroPCS hereunder, unless written extension is granted by County 56 ia9 hs�te 4 of i 5 t (c) County shall have the right to terminate this Agreement upon sixty (60) days' written notice if:: i. MetroPCS defaults hereunder as described inPip h 8• or H. The Elevated Tank is wholly or partially destroyed by.any cause, and County decides not.td ; repair the Elevated Tank. 9. TERMINATION BY METROPCS: - The Licensee may terminate this Agreement upon sixty (60) days' prior writes wtiee as folly; (a) If MetroPCS, exercising due diligence, after appropriate applications, is unable to obtain all necessary governmental approvals for their intended use of, and improvements to the Premises as set forth in this agreement; or (b) If MetroPCS's application for any governmental approvals necessary for their use of the Premises and improvements contemplated by this agreement is denied; or (c) If any governmental approvals necessary forMetroPCS Is use of the Premises and/or improvements to the Premises are canceled or are otherwise withdrawn, terminated, or denied so that Licensee will no longer be able to use the Premises for the use contemplated by this agreement; or (d) If MetroPCS is unable to utilize the Premises due to an action by the Federal Communications Commission ("FCC"); (e) If County defaults on any covenant or tern. of this Agreennent, which default is. not cured within sixty (60) days of recti pt.ofwritten notice: of default; (f) For any reason or no reason, provided MetroPCS delivers written notice of early termination to Licensor no later than thirty (30) days, prior to the Commencement Date; (g) If MetroPCS determines that the Prem are not appropriate for .its operations for. economic or technological reasons, including, without limitation, signal interference; or (n) The Elevated :Tank is wholly or substantially destroyed from my cause and Licensor decides not to repair said Elevated Tank. (i) Any termination notice rendered by MetroPCS pursuant to this paragraph shall cause this Agreement to expire with the same force and effect as though the date set forth la such notice where the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with raspect to payments due to the other under this Agreement, if any. 0. If personal property taxes are assessed, MetroPCS shall pay any portion of such taxes attributable to the Facilities. MetroPCS: shall pay any real property taxes and assessments attributable to. their „313 i Dago 50f15. occupancy and use of the Premises. 11. SIGNM NT AND SLBLE ANG. ` This. Agreement maybe sold, assigned or .trantf ned at any time by MetroPCS. to their parent company or any affiliate or subsidiary of MetroPCS or its parent company o; to aq' entity with.nt into which MetroPCS is merged or consolidated, or to any entity resulting from a reorganization of Licensee or its parent company. However,. MetroPCS shall not assign, or otherwise transfer, all or any part of its interest in this Agreement, or in the Premises, to a third party without the prior written consent of County. MetroPCS shall not sublease or sublicense the premises. This Agreement shall be binding upon the respective parties, their assigns, and successors. From and after the date the Agreement has been sold, asci ed or transferred by Licensee to an approved third party agreeing to be subject to the terms hereof, MetroPCS shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action. 12. 1, MetroPCS takes the facilities as is, and County does not warrant that the facility is sufficient for the use intended by said Licensee. Notwithstanding the foregoing, County warrants that there are no deeds to secure debt, mortgages; diens, recorded agreements or judgments encumbering the Properly and no restrictive covenants, or other encumbrances on the title to the Propeay that would prevent MetroPCS from using the Premises for the uses intended by them as set forth in this Agreement. County ftuther agrees and warrants that it shall. provide and be responsible for maintenance and repairs to the Elevated Tank, and to preserve the Elevated Tank in good order and condition. County shall maintain all common areas on the Property. MetroPCS may, as needed, maize upgrades, maintain or replace damaged or broken equipment without County's written approval. County may allow MetroPCS to modify or make substantial changes the fecility to make the facility usable by Licensee. Such modification is subject to County's prior written approval, which shall not be unreasonably withheld. All modifications, which are approved by County, be made at the sole expense of MetroPCS. 13. COUNTY, S ADDITI(3NAL D i a '. () County understands and agrees that, the continuity of MetroPCS''s serviis of i paramount importance to them. County shall : at all times exercise the highest standard of cue { and judgment to prevent damage to said services. County will cause any subsequent licenws ;to verify, by frequency search, that its signal will not interfere with any licensee's signal.. In the event any of Lcensor's other licensees' signals causes material interference with Licensee, County will exercise its best efforts to promptly and diligently resolve such problems after uotice by Licensee to County. In the event: that material interference continues for a period of forty- eight (48) hours after Licensee sends written notice, Licensee shall so notify Countyin writing, and _County shall cause the interfering operation to cease, except for bri f . tests . which are necessary to determine the cause of the interference.: If such interference caogot 'be eliminated, Licensee, in its discretion, has the right to (i) request.:County to cause the ifterfering party to cease operations permanently or (ii) request CoWy,.v4m full agreement with Licensee, to allow Zia �� Licensee to relocate at a different location on the Elevated Tank, at Licensee's expense or (iii) immediately terminate this Agreement without further obligation to_ Co, : Material interference shall be deemed to be any irnterferernce which violates the terms and conditions of transmitter licenses, and/or rules and regulations of the Federal Communications Connttnisson. In no event will County be liable for any consequential damages. (including, with limitation, lostprofits) arising from any such interference. (b) County agrees that MetroPCS shall have access to the Elevated Tank and the Premises on which the Elevated Tank is located 24 hours per day,. seven days a week, following notice to Licensor's Utility Services Directory or his designee, for the purpose of maintaining and repairing its equipment. In the event of an emergency, Licensee or its authorized agent(s) may, access the Premises without prior notice but Licensee agrees to give notice to the County's Utility. services Director within twenty-four hours of such access. Subsequent to the initial installation of the directional antenna system, MetroPCS may install and remove its equipment on the Elevated Tank only with the prior written consent of the Director of the County's Utilities Services, which consent shall not be unreasonably withheld, conditioned or delayed. The County, or the County's authorized agent's failure to approve or disapprove any additional items within finstteen ('14) days following the request therefor shall be deemed an approval. However, MetroPCS doh snot have to obtain prior written const from County, the County's Director of its Utilities Services, or from any of the County's authorized agents, to maintain install, replace, or remove any equipmorit located within its ground space (Licensee Facilities). (e) Nothing contained herein is intended nor shall be construed to waive Couznty's rights and immunities under the common law or Florida Statutes § 768.28, as amended from time to time. (d) To the extent permitted by law, County agrees to be responsible for any act or omission of the County, its agents, employees, licensees, or its independent contractoxrk:w" occurs during. the terra of this Agreement, or alleged to arise from a breach of this Agreement by County. If determined liable by a court of competent jurisdiction, County shall pay all claims, losses, liens, settlements and judgments in connection, therewith, including, but not limited to,. attorneys' Bees and costs to defend all suits. 14. METROKS' S AIMMONAL M7M (a) The installation, maintenance, repair, and removal of MeVoKS13i'equipment shall not damage the Premises or the Elevated Tank structure or the Property, o r interfere with the maintenance of the Property. (b) MetroPCS shall comply with all rules :and regulations of the Federal Communications Commission, and all other applicable: laws, order, and regulations. (c) MetroPCS shall, at least ten (10) clays prior to their use or occupancy of the Premises, provide to the County, a certificate of commercial general liability insurance..witln a reputable insurance company authorized to issue insurance policies lin the State of Florida, subject to approval by the County's risk manager, in an amount not less than $3,000;000 combined single limit for bodily injuty_ and property damage, including coverage .for premises/operations, products/completed operations, contractual liability, and independent contractors, in accordance with the Licensoes Administrative Policy Manual, MetroPCS shall,at.least tett (10) bays Prig" to their use or occupancy of the premises, provide to the County, .a certificate of business auto 259 31 Page 7 of I$ . { j F { liability insurance with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the Licensor's risk .manager, in an amount not less than S3,000,000 per occurrence combined single limit far. bodily injury and property damage, including coverage for owned autos, hired autos; and non-owned autos, in accordance: with the , County's Administrative Policy Manual. The cermmercial general liability and ro to liabt�ity insurance policies shall name Indian River County a political subdivision of the State of Florida , I, as an additional insured. In addition, the Licensee shall; at least ten (10) days prior. to. Licensee's use or occupancy of the Premises, provide to the. County a certificate of worker's compensation ' insurance, includingeieiployer's liability, With a limit .of $100,000 each accident, $500,000 disease (policy limit),. $100,000 disease e:a employee, in ompiiance with all state and federal : { laws, and in accordance with the County's Administrative Policy Manual. All required insurance ; shall be issued by a company that is authorized to do business in the State of j 'Florida. and that has j a rating equal to or exceeding A-VII from .A.M. Best's insurance Guide. M PCS shall provide i to the County at least thirty (30) days' written notice addressed to the County's risk prior to cancellation or reduction in coverage of this cell site only of any required insurance. i MetroPCS shall cause any contractor or subcontractor performing any work on the Property to . provide to County certificates of insurance under the same conditions, and with the name icy limits as required of the Licensee. ; (d) MetroPCS hereby releases and holds harmless the County, and the County's officers, employees, and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, Licensee's use or occupancy of the Premises and of the Property, or from any act or omission of any representative, agent, client, and/or employee of MetroPCS, and MetroPCS shall indem n fy the County against any such claims and any judgments tW : may be entered in connection therewith, including attorney fees. It is the intention of this imdemnificati enfi on the part of Licensee, and a condition of this agreement, that Licensee sirs`//: foo. indemnify the County, and the County's officers, employees, and agents, against, any kind or character of claim whatsoever that may be asserted against the County or against the County's officers, employees, or agents, excepting, however, such liabilities and loses as may be due to, or caused by, the acts F or omissions of County or its officers, employees; or agents.. MetroPCS hetirreby agrees. defend F any and all suits, claims, and causes of action brought against the County, or against the County's officers, employees, or agents, arising out of, or in connection with MeuoPCS use or ; occupancy of the Premises and of the Property, and MetroPCS agrees to pay any judgment OU. Judgments including attorney fees that may be rendered against the County or against any of the County's officers, employees, or agents, in connection therewith. (e) Upon termination of this Agreement, Licensee shall promptly rem.ovex all its , menu, and s shall, at Licensees sole expense, restore the Property to the same condition in which it was prior to MetroPCS use, except for normal wear and tear and damage covered by casualty fimtrance. 15. NOTICES All notices hereunder :trust be in writing, and unless otherwise provided herein shall be deemed validly given if sent by certified mail, return refit requested, addressed as follows (or.to any other mailing: address which the party to be notified tray designate to the other party by such tce) or as otherwise provided under applicable staff laver. Each party promptly notify the other .. shall prom d � party of s. change. of address as provided in this paragmph. 'Useless County specifies otherwise in writing, MetroPCS shall direct license fee checks to County, at County's addma set forth in this paragraph. 260. Page 8 of 15 I n LICENSEE: Name: MetroPCS California/Florida, Inc. Address: 1401 NW 136` Avenue, Suite 304, Sunrise, FL. 33323 COUNTY: Indian River County Board of County Commissioners 1840 25`h Street, Vero Beach, FL 32960 Department of Utility Services Erik Olson, Director of Utility Services 16. HAZARDOUS SLBSTANCES MetroPCS shall not use, generate, store or dispose of any Hazardous Material (defined below) on, under, about or within the Property or the Premises in violation of any law or regulation. Licensee agrees to defend, indemnify and hold harmless the County and the County's officers, agents and employees against any and all losses, liabilities, claims and/or costs, including reasonable attorney fees and costs, arising from MetroPCS's breach of this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, hydrocarbons, asbestos, any substance known to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive for one (1) year after expiration or termination of this Agreement. County warrants, represents, and agrees that neither the County, nor, to the best of the County's knowledge, any third party has used, generated, stored, or disposed of any Hazardous Materials in, on, or under the Leased Premises, Property and contiguous surrounding property. "Hazardous Materials" shall mean petroleum or any petroleum product, asbestos, and any other substance, chemical, or waste that is identified as hazardous, toxic, or dangerous in any applicable federal, state, or local law, rule, regulation, order or ordinance. To the extent permitted by law, the County agrees to be responsible for, and hold MetroPCS harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees and consultants' and experts' fees), from the presence or release of any Hazardous Materials onCounty's Property, or contiguous surrounding property, unless caused by MetroPCS or persons acting underMetroPCS. 17. SALE OR TRANSFER BY LICENSOR. County agrees not to subsequently sell, lease, or use any areas of County's Property for the installation, operation, or maintenance of other wireless communications facilities, if such installation, operation, or maintenance would interfere with MetroPCS facilities as determined by radio propagation tests performed by subsequent licensee at subsequent licensee's expense. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Licensee, the County shall be prohibited from subsequent licensing that area of County's Property at that frequency. County shall not be prohibited from the selling, leasing, or use of any of the County's Property for non -wireless communication use. 18. CONDEINI ATION. 261 317 Page 9 of 15 In the event that the whole of the Property, inclluciing without lirrutsction the Property an d: Elevated ` Tank, shall be taken or condemned, either temporarily or tly, for public purposes, or sold to a condemning authority under treat of condemnation: to: prevent taking, then this shall forthwith automaticallycease and terminate. The County wiry sha11 receive the entice condemnation award. for Land, Elevated Tank and such other improvements as are paid for by County, and MetroPCS hereby expressly assigns to the :bounty any and all right, tide, and interest of MetroPCS now, or hereafter arising in and to any such award. MetroPCS may recover from such authority, and shall not recover from the County, any compensation as may be awarders' to MetroPCS on account of its interest in.this Agreement. 19, IVIIfiCELL OTS. (a) This Agreement constitutes the entire agreement and.. understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter conminedi herein. I Any amendments W this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is held invalid or unaftmble by wcourt of competent jurisdiction, the remainder of this Agreement not being held invalid: or unenforceable by a court of competent jurisdiction shall remain in full force and effect. (c) This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties, subject tothe provisions of Paragraph 11, Assignment and Subleasing, of this Agreement. (d) This Agreement shall be governess by the laws of the State of Florida. Venue for any lawsuit brought by one party against the other party or otherwise arising out of this agreement wall be in Indian River County, Florida or, in the event of federal, jurisdiction'. in the, United Stat District Court for the Southern District of Florida. (e) All Riders and Exhibits annexed hereto form material parts of this Agreement. (f} This Agreement may be executed in duplicate counterparts, each of whish shall be.deemed .. an original. (g) The County shall not be responsible for any lass, damage, destruction, or theft of Licensee's equipment or property. 1 (h) Once during the initial to and once during any Renewal Terms of this Agreement, the County may, upon sixty (60) days' written notice to MetroPCS, require MetroPCS to move, or remove its equipment, including, but not limited to, antennas, cables, transmission lines, conduits, and supports, from the Elevated Tank, in order for the County to clean, paint, repair, or sit urMse maintain the Elevated Tank. If such notice is given, .tire County agrees to permit MetroPCS to place � temporary transmission facilities on the Property, until such time as the County has completed the maintenance to the Elevated Tank. ' I (i) Upon prior notice to MetroPCS at least twenty -bur (24) hours in advance, the County wall have access to the Premises, when accompanied by Licewee, srf its ernployee(s) or agent(s). t 262 818 peft 10 of .1 s. M 20. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations, and agreements. No revision of this Agreement shall be valid unless executed in writing by both parties. m 4a..aaos /r Miji .s i Imm 'if 321 ME EXHIBIT "C" Insert Construction Plans 266 322 Page 13 of 15 co Ln Inc. 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' 111 Slid H a• ' \ �\ � o r Q� P 9 2� �g�� eY ' It � E4 8 � 8E �ql I c ! !l 1 3 rr "i -ma is% _ �'' ��011 a al1zaglIIeP. 11II'$; o a3�� Y a �r 9a IM 318 $ay �,Igr II$ II$: Iib! 9v$ t -r kn t - eq i E=BIT `°D" Equipvmt Description See attached list of equipment from MeftPCS California/Florida, Inc. Page 14 of 5 332 M Behind this sheet attach Certificate of Liability Insurance from MetroPCS California/Florida, Inc. 277 1. Dacha, 1 S n PC . L _. rn AC RA CERTIFICATE OF LIABILITY INSURANCE - 03/24/20 05YY ) 03/24/20 PRODUCER (972)419-7500 FAX (972) 419-7555 Sleeper Sewell & Company 12222 Merit Dr., Suite 200 Dallas, TX 75251-2297 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED MetroPCS Communications, Inc. 8144 Walnut Hill Lane Suite 800 Dallas, TX 75231 INSURER A: St. Paul Fire & Marine Insuranc Company INSURER 8: INSURER C INSURER D: INSURER E C0VFRAGFR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 00' TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATIONWON, 09/01/2005 LIMITS BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1840 25th Street OENERAL LIABILITY TE09102833-R 09/01/2004 EACH OCCURRENCE t 1,000,00 ]ones X COMMERCIAL GENERAL LIABILITY DAMAGPgrumE 70 RENTED $ 1,000.000 CLAIMS MADE rX OCCUR MED EXP (Anv we oemon) S A X PERSONAL & ADV INJURY S 11000,000 GENERAL AGGREGATE S 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRG- PRO.JECT X LOC PRODUCTS • COMP/OP AGG $ 2,000,000 AUTOMOBILE X LIABILITY ANY AUTO TE09102833-01-R 09/01/2004 09/01/2005 COMBINED SINGLE LIMR (Ea awdent) $ 11000,000 BODILY INJURY S (Per person) A X X X ALL L*NNtU AUIUS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BggLv INJURY S (PW eoadwl) PROPERTY DAMAGE $ (Per a=dem) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC S AUTO ONLY: AGO $ ANY AUTO EXCESSIUMBRELLA LIABILITY TE09102833-R 09/01/2004 09/01/2005 EACHOCCURRENCE $ 5,000,00 X OCCUR O CLAIMS MADE AGGREGATE S 5,000,000 A X $ DEDUCTIBLE $ X RETENTION S 10,00 $ WORKERS COMPENSATION AND WVA9108519-R 09/01/2004 09/01/2005 X I WCSTATI I OTH- A EMPLOYERS LIABILITY ANY PROPRIETORJPARTNER/DCECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below EL EACH ACCIDENT S 1,000,000 EL DISEASE • EA EMPLOYEE $ 1,000,000 EL DISEASE - POLICY LIMIT $ 1,000,000 A usiness Personal roperty TE09102833-R 09/01/2004 09/01/2005 $5,000,000 Special Form Including Theft DESCRIPTION OF OPERATIONS I LOCATIO4I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS E: SiteMFTP236SW584/Kings Hwy Water Tower 1805 58th Ave, Vero Beach FL 32966 Indian River County as political subdivision of the State of Florida, is included as Additional Insured with respects to the General Liability Policy. LetIM, I HJUA It HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL Indian River County 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Steve Doyle BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 1840 25th Street OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUINVHILtU HttMItiGNIAIIVt Vero Beach, FL 33960 10oug ]ones ACORD 25 (2001108) CACORD CORPORATION 1988 278 334 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108) 279 335 En This instrument prepared by: Michael Christiansen Mastriana & Christiansen 1500 Forth Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 Return this instrument to: Michael Christiansen Mastriana & Christiansen 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 Do.aot write above this line - this space reserved for recording purposes Site Name: Kings Hiahwav Water Tank Site I. D. 584236 Memorandum of Tower Space License Agreement This memorandum evidences that a lease was made and entered into by written Tower License Agreement dated Mara 1 2005, between Indian River Countv ("Licensor") and NletroPCS California/Florida, Inc„ a Delaware corporatiof ("Licensee"). Such Agreement provides in part that Licensor leases to METRO PCS a certain site ("Site") located at 1805 581" Ave., City Vero Beach , County of Indian River. State of Florida, within the propertyof Licensor which is described in. Exhibit A attache hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of a five (5) years commencing on March 16 2005, which term is subjoct to tie (3) additional five (5) year extension period by Licensee. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written "LIiCENSQR" Indian River Countv By: - Narnec Title: Address: Witnesses as to Licensor: Printed Name: Printed Name: "LICENSEE" MetroPCS California/Florda, Inc., a Delaware corporation Printed Name: OWNER NOTARY BLOCK: STATE OF �;•:•� • COUNTY OF • . • "i`u foregoing instrument was acknowledged before me this day of 5 , 2005; by as of ate►, i (AFFIX NOTARIAL. SEAL) ((MCIAL NOTARY Si rCN, TM) l NOTARYPU3LIC—v'TATE tF My commission expires: (PRLNTED TYPED OR STAMM NAh. OF N..OTAR'Y) f COMMISSION NUU BER: MMTRO PCS NOTARY BLOCK: STATE OF FLORIDA 1 COUNTY OF BROWARD - The foregoing instrument was acknowledged before me this day of tiV1P�RLV 2005, by of MetroPCS Ca iforx;,014W Inc., a Delaware corporatio : who executed the foregoing instrument on behalf of such (AFFIX NOTARIAL SEAL) (O TARP SIC +IATURE) NO. ARY PUBLic--S _717TIUCIFUENTES r MY COMMISSION # DO 401332 EXPIRES: June 26, 2W9 saww Thu Nowy Puw Unaerwmers 'vlti commission expires: �6 - C (PRINTED, TYPED (?RSTAMPED NAME OF vOT.�F1") 9 281 337 k. This instrument prepared by: Michael Christiansen Mastriana & Christiansen 1500 North Federal Highway, Stft 200 Fort Lauderdale, Florida 33304 Return this instrument to: Michael Christiansen Mastriana & Christiansen 1500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33304 STATE OF FLOWA INDIAN RIVER COLW I : is TO CERTIFY • TNAT 1M 11 f 4ND CORRIKI COPY OF CN FILE IN THIS OFFICE. r JEFFREY BYJ E n`'l+ " -f- _ DATE -- Do not write above this line - this space reserved for recording purposes Site Name: Kings Highwav Water Tank Site I. D. 584-236 Memorandum of Tower Space License Agreement This memorandum evidences that a lease was made and entered into by written Tower License Agreement dated March 16. 2005, between Indian River County ("Licensor") and MetroPCS California/Florida, Inc., a Delaware corporation ("Licensee"). Such Agreement provides in part that Licensor leases to METRO PCS a certain site ("Site") located at 1805 58" Ave., City of Vero Beach, County of Indian River, State of Florida, within the property of Licensor which is described in Exhibit A attached hereto, with grant of easement for unrestricted rights of access thereto and to electric and telephone facilities for a term of five (5) years commencing on March 16, 2005, which term is subject to three (3) additional five (5) year extension periods by Licensee. IN WITNESS WHEREOF, the parties have executed this Memorandum as of the day and year first above written. "LICENSOR" Indian River County By: CA _ 7 Name: Thomas S. Lowther Title: Chairman Address: 1840 25th Street Vero Beach, FL 32960-3365 W itnes s as to Licensor: awl PrintedName: Printed Name: --5/w3kAiVJtU6It-i "LICENSEE" MetroPCS California/Florida, Inc., a Delaware corporation By.icw/� Name: Ckc� Title: ✓ f PT, -- ,- , Address:_T'�G ( K, L-, t36 H -XJ t5t."g-t4 F- / r -wrung ?3jZ3 Printed Name: 1, ti ' Licensee:` ACk 1, La T 282 EM OWNER NOTARY BLOCK: STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 2005, by Thnmac t I nwthpr 3rd day of May , as Chairman of corporation. (AFFIX NOTARIAL SEAL) (OFFICIAL NaARY SIGNATURE NOTARY PUBLIC—STATE OF L_ k�m�ec ilr E• /1`1/�SS�.trt Q My commission expires: (PRIIV'I ,PYPED OR STAMP D NAME OF NOTARY) COh alowmMmm MY 15, zoo p,?.�, e�oiot►�uaorFurrntNc STATE OF FLORIDA COUNTY OF BROWARD The foregoing instrument was acknowledged before me this 2,4 az day of 2005, by l' Ltcs� .l- P((j;�-- of MetroPCS California/Florida, Inc., a Delaware corporation, who executed the foregoing instrument on behalf of such co9�yk (AFFIX NOTARIAL SEAL) (OIOTARYSIGNATURENOTARPUBLIC--SfdA �41YwaKCFJDft- My irtlra0l�k*M t ESS: J=26 mmwrww�� commission expires: % Z6 —�7 (PRINTED, TYPED OR STAMPED NAME OF NOTARY) 283 INDIAN RIVER COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY DATE: September 25, 2024 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Zac Portwood, Acting Director of Information Technology SUBJECT: T -Mobile Cell Radio Lease Gifford Third Amendment BACKGROUND In March 2004, the Board of County Commissioners entered into a lease agreement with Omnipoint Holdings, now known as T- Mobile South LLC (T - Mobile). The agreement allowed the Licensee to install and operate a communications facility at the Indian River County Department of Utility Services' (IRCDUS) elevated tank located at 4690 28th Court (Gifford Tank). In November 2013, the agreement was amended to allow for additional equipment on the elevated tank. A second amendment was made on December 5, 2017. T -Mobile South LLC desires to enter into a Third Amendment of this agreement. FUNDING There is no cost to the county as a result of this lease. However, the county will receive revenues as a result of this lease agreement. The revenues will be recorded in the operating fund under the Radio Tower Rents Account with a monthly revenue of Four Thousand Eight Hundred and Fifty Dollars ($4,850) with an annual increase of 4% Name Account Number Amount Radio Tower Rents 471038-362011 $4,850 Monthly $58,200 Annually RECOMMENDATION Staff recommends the approval of this renewed agreement. Staff asks that the board authorize the Chairwoman to execute the agreement on their behalf. 284 ATTACHMENTS T -Mobile Lease for Gifford Elevated Water Tank Third Amendment 285 Docusign Envelope ID: B663FA45-68B7-4826-B92F-5929DC9D73A9 Site # A2P0003A Market: Miami THIRD AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT THIS THIRD AMENDMENT TO ELEVATED WATER TANK SPACE LICENSE AGREEMENT ("Third Amendment") is made and entered into by and between Indian River County, a political subdivision of the State of Florida ("Licensor"), and T -Mobile South LLC, a Delaware limited liability company as successor -in -interest to Omnipoint Holdings Inc. ("Licensee"). RECITALS WHEREAS, Licensor and Licensee (or as applicable, their respective predecessors in interest) entered into an Elevated Water Tank Space License Agreement dated March 23, 2004, as amended by the First Amendment to the Elevated Water Tank Space License Agreement dated December 17, 2013 and further amended by the Second Amendment to the Elevated Water Tank Space License Agreement dated December 5, 2017 (collectively "Agreement") with respect to the premises located at 4690 28th Court (North of 49`s Street) in Indian River County, Florida (the "Property") WHEREAS, The Licensor and Licensee desire to enter into this Third Amendment in order to modify and amend certain provisions of the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Licensor and Licensee covenant and agree as follows: 1. USE. The Licensee shall have the right to modify its antenna facilities as described and depicted in Exhibit A-2, which is attached hereto and by this reference incorporated herein, and the Licensor hereby consents to and approves of such modifications. 2. LICENSE FEE. As partial consideration for this Third Amendment, Licensee agrees to pay a minimum License Fee to Licensor payable monthly in Four Thousand Eight Hundred and Fifty Dollar ($4,850) installments, as such monthly sum is modified by the escalator provision in the Agreement, over a ten (10) year term commencing on the earlier of (i) the first day of the month following the commencement of construction of the modification of Licensee's equipment at the Property or, (ii) the first day of the month following the day that is sixty (60) days from the full execution of this Third Amendment, whichever comes first. Licensee shall thereafter pay Licensor a monthly License Fee, as escalated pursuant to the Agreement, for the remaining term of the -Agreement 3. TERM OF THE LICENSE AGREEMENT. The Licensee has the option to extend the Agreement for four (4) additional five (5) year terms under the same terms and conditions as set forth in the Agreement as amended by this Third Amendment. 4. WATER TOWER REPAIRS. As further consideration for this Third Amendment, Licensee agrees to pay Licensor a one-time sum of one hundred thousand dollars ($100,000.00) upon execution of this Third Amendment to be used for repairs to the water tower at the Property. 5. NOTICE. The Parties notice addresses in the Agreement are deleted in their entirety and replaced with the following: If to Licensee: If to Licensor T -Mobile, Inc. Indian River County Attn: Lease Compliance/Site No. A21`0003A Attn: IT Director 286 Docusign Envelope ID: B663FA45-68B7-4826-B92F-5929DC9D73A9 Site # A2P0003A Market: Miami_ 12920 SE 38`b Street Bellevue, WA 98006 1801 271 Street Vero Beach, FL 32960 6. The terms and conditions of the Agreement are incorporated herein by this reference, and capitalized terms used in this Third Amendment shall have the same meanings such terms are given in the Agreement. Except as specifically set forth herein, this Third Amendment shall in no way modify, alter or amend the remaining terms of the Agreement, all of which are ratified by the parties and shall remain in full force and effect. To the extent there is any conflict between the terms and conditions of the Agreement and this Third Amendment, the terms and conditions of this Third Amendment will govern and control. 7. Licensor represents and warrants to Licensee that no consent or approval of any third party including, without limitation, a lender, is required with respect to the execution of this Third Amendment, or if any such third -party consent or approval is required, Licensor has obtained any and all such consents or approvals 8. This Third Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Signed copies of this Third Amendment shall legally bind the parties to the same extent as original documents. 9. Each person executing this Third Amendment, on behalf of Licensee, does hereby covenant and warrant that Licensee is a duly authorized and existing company, that Licensee has, and is qualified, to do business in Florida, that the company has full rights and authority to enter into this amendment, and that each person signing on behalf of the company is authorized to do so. IN WITNESS WHEREOF, the parties have executed this Third Amendment effective as of the date of execution by the last party to sign. T -MOBILE SOUTH LLC, a Delaware limited liability company By: ED �F� Silw iya 0 ri1010080E0US 7ennifer Silveira Name: senior vice President Title: Field Engineering 8/23/2024 Date: Digitally TMO TM edby Date: Legal;zps 12 _0',.m. INDIAN RIVER COUNTY, a political subdivision of the State of Florida LIM Name: Susan Adams Title:Chairman, Indian River County Board of County Commissioners Approved by BCC:: Attest: Ryan L. Butler, Clerk of Circuit Court and Comptroller 287 Docusign Envelope ID: B663FA45-68B7-4828-B92F-5929DC9D73A9 Site # A2P0003A Market: Miami Deputy Clerk Approved as to Form and Legal Sufficiency: Bill DeBraal, County Attorney (Notary block for Licensee] STATE OF ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of a Delawa to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires 288 Docusign Envelope ID: B663FA45-68B7-4826-B92F-5929DC9D73A9 Site # AUP0003A Market: Miami (Use this space for notary stamp/seal) EXHIBIT A-2 CONSTRICTION DRAWINGS 4 289 Docusign Envelope ID: B663FA45-68B7-4826-B92F-5929DC9D73A9 Site # A2P0003A Market: Miami ki 290 7 Mr- A I IPP IllEr- G� � Docusign Envelope ID: B663FA45-6887-4826-B92F-5929DC9D73A9 Site # A2P0003A Market: Miami m HIM 7 T..Mobile°I I A2P0003A csram WAnR TCON .S� E wTm -7nr•— cs 292 Docusign Envelope ID: B663FA45-68B7-482B-B92F-5929DC9D73A9 Site # A2P0003A Market: Miami — 0 MOUNnW OETAk m GROUT AER 8 T ..M,oWel I AM" C7 293 Docusign Envelope ID: B663FA45-6887-4828-B92F-5929DC9D73A9 Site # A2P0003A Market: Miami MA7ER I m Eons. NOT USED) 1 t OWWM : 4 s CB 9 294 Docusign Envelope ID: B663FA45-6887-4828-B92F-5929DC9D73A9 Site # A2P0003A Market: Miami— Ma ;,i;;�a. w nr :aiM�e��w t aws �•.a....o..m S � �I 1M .uo� as •wss, onrc atfna NLe - rt M+M .MlM AP ABY A LAS qMi um G 1RK� O.li� il.Y fir. ' bP.. M�4 11M - rt f•'1 1q OAI.R� • Owi A Aid tMua TR AFq.M PJ.R wil. r.u¢b u/n T • -Mobile , AWOOM corm W%m wt0m r.aff– 10 295 Docusign Envelope ID: B663FA45-68B7-482B-B92F-5929DC9D73A9 Site # A2P0003A Market: Miami 11 296 Date: Monday March 15, 2004 To: James E. Chandler, County Administrator Thru: W. Erik Olson, Director of Utility ees(a� - Prepared & Steven J. Doyle, PE Staffed By: Assistant Director Utility Services Subject: License Agreement with Omnipoint Holdings Inc. (d/b/a T -Mobile) for Placing Wireless Communication Equipment and Occupying Space at the Gifford Elevated Water Tank BACKGROUND & ANALYSIS: T -Mobile representatives have been in negotiation with Staff concerning the use of the Gifford Elevated Water Storage Tank located just north of 49" Street along 28h Court T -Mobile has requested permission to furnish and install antennas on the elevated structure and an equipment enclosure near the base. On January 20, 2004, at a regular meeting of the Board of County Commissioners, staff pre ed statistical information on typical rates and charges for the use of County Elevated Water Tanks to serve cellular/wireless carriers. The Commissioners approved staff recommendation for an annual rate Iof $20,000. The attached Agreement is with Omnipoint Holdings Inc for similar use of County facilities. The proposed agreement with T -Mobile is for a five (5) year term with three (3) subsequent automatic five-year renewals that equates to a maximum period of 20 -years. The initial annual license fee (revenue) shall be $20,000.00 with an annual escalation cost of 4%. RECOMMENDATION: The staff of Utility Services and the General Services Department recommends that the Board of County Commissioners approve the following: a) Authorize the Chairman to execute the attached Elevated Water Tank Space License Agreement between Indian River County and Omnipoint Holdings Inc. ATTACHMENT: a) Elevated Water Tank Space License Agreement Between Indian River County and Omnipoint Holdings Inc. APPROVED FOR AGENDA: By:(' L James E. Chandler, Count A i' 'strator Date - .•^^^•^. ^••rn .•�...•+..+. ...,....r._n..__.---- —A'V;.--(.Fnl A.....A,-T_MnNl.( ffind WartT—k A—t>--JAir ✓- 297 26 Indian River Co. Appr4aved Date Administration l Utilities Budget Legal ` Risk Manaeer - .•^^^•^. ^••rn .•�...•+..+. ...,....r._n..__.---- —A'V;.--(.Fnl A.....A,-T_MnNl.( ffind WartT—k A—t>--JAir ✓- 297 26 h NOW ELEVATED WATER TANK SPACE LICENSE AGREEMENT between 4 INDIAN RIVER COUNTY, A POLITICAL SUBDIVISION OF THE STATE FLORIDAy r AND GS IN _ This Elevated Water Tank Space License Agreement ("Agreement-) is entW into this 23rd day of March ' 2004, between Indian River County, a political subdivision of the State of Florida, whose address is 1840 25th Street, Vero Beach, FL 32960 (hereinafter "Licensor"), and Omnipoint Holdings Inc., its affiliates, successors and assigns, having an address at 8100 SW 10`h St., Building 3, Suite 1000, Plantation Fl. 33324 (hereinafter "'Licensee"). Licensor is the owner of a parcel of land (the "Land") and a steel elevated water storage tank (the "Elevated Tank") identified as Clifford Water Tank, located at 4690 ?Rt' Court (nnrth of 49th SkerA) in Indian River County, Florida (the Elevated Tank and the Land are collectively, the "Property"). The Land is more particularly described in Exhibit "A" annexed hereto. Licensor hereby grants to Licensee a non-exclusive license to enter upon the Land and use space for the mounting of various antennas and associated equipment, including, but not limited to coaxial cables and supports on the exterior of the Elevated Tank, ground space for the installation of a prefabricated equipment shelter or construction of a communications building to be constructed on the Property, together with permission for access and to provide utilities (collectively, the "Premises") as described in Exhibit `B" attached hereto. The Premises may be used by Licensee solely for installation, operation, and maintenance of a communications facility and uses incidental thereto, as determined by Licensee, now or in the future to meet Licensee's telecommunications needs on the exterior of the Elevated Tank and ground space for the installation of a prefabricated equipment shelter or construction of a communications enclosure to be constructed on approximately One hundred twenty square feet (120 sq. ft.), and Licensor acknowledges that Licensee will run flexible coaxial transmissions lines between the various antennas on the Elevated Tank and the radio equipment located in the equipment shelter, in accordance with all applicable laws, ordinances, and administrative regulations, and in accordance with the construction plans attached hereto as Exhibit "C". Licensor agrees to cooperate reasonably with Licensee, at Licensee's sole expense, in making application for and obtaining all licenses, permits and other necessary approvals that may be required for Licensee's above-described use of the Premises. Licensee may at any reasonable time during Licensor's regular business hours at the Elevated Tank following the full execution of this Agreement and Licensee's provision of proof of required insurance, and following notice to Licensor's Utility Services Director or his designee, enter upon the Premises for the purpose of making appropriate engineering and boundary surveys, structurals, environmental or other inspections, and constructing the Licensee Facilities (as defined in Paragraph 4(a) below). Page 1 F:%LW0=NL1r Y - ENGn4EWNCAWTP - Sean ROCeluty Amemw wd Wzdm Info\T•MobU o01- Gifford weer T= mme to oom March u. 2ou.00c M (a) Licensee may install, operate, and maintain on the Premises wireless antenna systems and associated equipment to be mounted on the Elevated Tank, an equipment shelter on the ground and flexible coaxial transmission lines between the antennas on the Elevated Tank and the radio equipment located in the equipment shelter ("Licensee Facilities"), as more fully described in Exhibit "D". In connection therewith, Licensee may install up to Nine (9) panel type antennas with dimensions no larger than 2' x 8'. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense and in a good and workmanlike manner. Provided that Licensee is not in default under any covenant or agreement contained in this Agreement, Licensee may remove all Licensee Facilities at its sole expense on or before the expiration or earlier termination of the Agreement. At Licensor's option, Licensee shall repair or pay for any damage to the Premises or to the property caused by the removal of the Licensee Facilities. (b) Licensee shall pay for the electricity it consumes in its operations. Licensee shall obtain separate utility service and install a separate meter from any utility company that will provide service to the Property (including any standby power generator for Licensee's exclusive use). Licensor agrees to sign such documents or easements as may reasonably be required by said utility companies to provide such service to the Premises, including the grant to Licensee or to the servicing utility company at no cost to the Licensee, of an non-exclusive easement in, over across or through the Land as reasonably required by such servicing utility company to provide utility services as provided herein. (c) Licensee, Licensee's employees, agents, and subcontractors may reasonably access the Premises for installation, repair, or maintenance of Licensee's Facilities following notice to Licensor's Utility Services Director or his designee twenty-four (24) hours a day, seven (7) days a week, at no charge. In the event of an emergency, Licensee or its authorized agent(s) may access the Premises without prior notice but Licensee agrees to give notice to Licensor's Utility Services Director within twenty-four hours of such access. Licensor grants to Licensee, and its agents, employees, and contractors, a non-exclusive right and license for pedestrian and vehicular ingress and egress across that portion of the Land described in Exhibit 4B". (d) Licensor shall maintain all access roadways from the nearest public roadway to the Premises as customarily maintained for Licensor's ordinary use. Licensor shall be responsible for maintaining and repairing such roadway, at its sole expense, except for any damage caused by Licensee's use of such roadways the repairs of which shall be paid by Licensee. (e) Before commencing operation of the Licensee Facilities Licensee shall provide to Licensor certification by a professional engineer licensed in the State of Florida that the design and installation of the Licensee Facilities meet or exceed AWWA standard D100 and all applicable building codes. (f) Upon completion of the Licensee Facilities Licensee shall provide to Licensor as -built drawings of the Licensee Facilities showing the location and details of the Licensee Facilities. Licensee shall be solely responsible for obtaining all federal, state, and county approvals, licenses, certificates, and permits, including an Indian River utility construction permit, for the construction operation and maintenance of the Licensee Facilities. (g) Licensee covenants and agrees that the Licensee Facilities and the installation, operation, and maintenance thereof shall not damage or impair the strength of the Elevated Tank and the Page 2 $191$ FAUdHuca\UTILTfY . 6NGINF.FAINGIWTP - South ROT41ulr Autermw aad Vucka Info\T-Mobile 001 -Gifford WaterTmk Licente to Occupy March 12, 2004.DOC accessories thereto or any other Licensee's equipment nor interfere with Licensor's use of the Elevated Tank. Licensee, after receipt of written documentation, will be responsible for cost of repair, for any damage caused by Licensee or by its agents, employees or invitees to the Elevated Tank or its accessories or to any other Licensee's equipment. (h) Licensee shall equip its Licensee Facilities with hurricane protection, lightning protection, and power surge protection. (i) Licensee covenants and agrees that, in the event Licensee needs to install utility services underground on the Property, Licensee shall submit to Licensor for approval or disapproval construction plans showing the location and path of any proposed trench or other excavation prior to the commencement of any work. Licensee shall be responsible for obtaining all necessary permits, and shall perform any trenching or excavation in a proper, workmanlike manner to prevent any interference with Licensor's or any other Licensee's property or equipment or use of the Property. The initial term of this Agreement shall be five (5) years commencing upon commencement of construction of Licensee Facilities or one hundred eighty (180) days from full execution of this Agreement, whichever first occurs ("Commencement Date") and terminating on the day preceding the fifth anniversary of the Commencement Date (the "Term") unless otherwise terminated as provided herein. In the event Licensee is not in default in the performance of any term or condition of this Agreement, Licensee shall have the option to renew this Agreement for up three (3) successive five (5) year terms (the "Renewal Terms") on the same terms and conditions as set forth herein, except as otherwise agreed to by both parties. Each option for a Renewal Term shall be deemed automatically exercised without notice by Licensee to Licensor unless Licensee gives Licensor written notice of Licensee's intent not to renew to Licensor at least six (6) months prior to expiration of the then current term. (a) Beginning on the Commencement Date, Licensee shall pay an annual license fee of„ TWENTY THOUSAND AND 00/100 DOLLARS ($20,000.00) to be paid in equal monthly, installments of ONE THnT TSAND SIX HT 1NDRRD CTXTY CTX AND 67/100 DOLLARS (`%1_,f 66 M) to be paid on the first day of each month to Licensor, in advance, without deduction or offset, at such place or places as may be designated in writing by Licensor at least thirty (30) days in advance of any rental payment date. Licensee shall pay all prevailing Florida sales taxes, if applicable, tangible property taxes associated with Licensee's Facilities, and intangible property taxes, as may be applicable. If the Commencement Date is on a date other than the first day of a calendar month, Licensee shall make a prorated payment of the installment of the annual rental payable for the first and last month of the term of this Agreement. (b) The license fee shall increase on each annual anniversary of the Commencement Date by ang, amount equal to four percent (4%) of the License fee for the previous year. (c) Licensee will have the right, at its sole cost and expense, to use a direct deposit system with regard to rent payments. Licensor agrees to cooperate with Licensee in providing requisite information to Licensee for such direct deposit. pqp 140 F.WdMMAtiM"Y- MM M ERft�(T" - SM 6 MC&dw Aoxos and WW= ?•iM* 00 -MW Wow rude Ucawto om" No JZ"MMC M This section intentionally left blank and has been removed in its entirety. (a) The Licensor reserves the right to terminate this Agreement if Premises are needed for the use of Licensor upon one hundred eighty (180) days' prior written notice by Licensor to Licensee. Licensor may not terminate License for purpose of substituting a new or different licensee. (b) If Licensee defaults under any of the conditions set forth herein, Licensor shall have the right to terminate this Agreement upon thirty (30) days' written notice to Licensee. The occurrence of any one or more of the following events inter alfa shall constitute an "Event of Default" hereunder by Licensee: i. The failure by Licensee to make any payment of license fees or any other payment required to be made by Licensee hereunder, as and when due, where such failure shall continue for a period of 30 days after receipt of written notice thereof by Licensee. ii The failure by Licensee to observe or perform any of the covenants or provisions of this Agreement to be observed or performed by Licensee, where such failure shall continue for a period of 30 days after receipt of written notice by Licensee; provided, however, that it shall not be deemed an Event of Default by Licensee if Licensee shall commence to cure such failure within said 30 days and thereafter diligently cures the default within 60 days, unless written extension is granted by Licensor. iii The Licensee uses the Premises or the Property for any unauthorized or illegal purpose. iv The Licensee uses the Property for other than the use permitted by this Agreement. v The Licensee's or Licensee's employee's or agent's act or omission damages the Property or harms the environment and Licensee, after written notice from Licensor, has not repaired any damage or cured any failure within thirty (30) days after receipt of written notice by Licensee; provided, however, that it shall not be deemed an Event of Default by Licensee if Licensee shall commence to cure such failure within said 30 days and thereafter diligently cures the default within 60 days. Further written extensions may be granted by Licensor in its sole discretion. If there occurs an Event of Default by Licensee, in addition to any other remedies available to Licensor at law or in equity, if Licensee has not cured any failure within thirty (30) days after receipt of written notice by Licensee, provided, however, that it shall not be deemed an Event of Default by Licensee if Licensee shall commence to cure such failure within said thirty (30) days and thereafter diligently cures the default within sixty (60) days, Licensor shall have the option to terminate immediately this Agreement and all rights of Licensee hereunder unless written extension is granted by Licensor. (c) Licensor shall have the right to terminate this Agreement upon sixty (60) days' written notice if i. Licensee defaults hereunder as described in paragraph 8; or Page 430115 F WtkicsWTUXrY - ENGRiEEMG\WTP - South RO1Ce>wLr Anauiu mad W6clw 1nfo1T-Mobdc 001- Gifford Wau Tack licam to Occupy M" 12, 2004.DOC cm L'"5 ii. The Elevated Tank is wholly or partially destroyed by any cause and Licensor decides not to repair the Elevated Tank. The Licensee may terminate this Agreement upon sixty (60) days' prior written notice as follows: (a) If Licensee, exercising due diligence, after appropriate applications, is unable to obtain all necessary governmental approvals for Licensee's intended use of and improvements to the Premises as set forth in this agreement; or (b) If Licensee's application for any governmental approvals necessary for Licensee's use of the Premises and improvements contemplated by this agreement is denied; or (c) If any governmental approvals necessary for Licensee's use of the Premises and/or improvements to the Premises are canceled or are otherwise withdrawn, terminated, or denied so that Licensee will no longer be able to use the Premises for Licensee's use contemplated by this agreement; or (d) If Licensee is unable to utilize the Premises due to an action by the Federal Communications Commission ("FCC"); (e) If Licensor defaults on any covenant or term of this Agreement, which default is not cured within sixty (60) days of receipt of written notice of default; (f) For any reason or no reason, provided Licensee delivers written notice of early -termination to Licensor no later than thirty (30) days prior to the Commencement Date; (g) If Licensee determines that the Premises are not appropriate for its operations for economic or technological reasons, including, without limitation, signal interference; or (h) The Elevated Tank is wholly or substantially destroyed from any cause and Licensor decides not to repair said Elevated Tank. (i) Any termination notice rendered by Licensee pursuant to this paragraph shall cause this Agreement to expire with the same force and effect as though the date set forth in such notice where the date originally set as the expiration date of this Agreement and the parties shall make an appropriate adjustment, as of such termination date, with respect to payments due to the other under this Agreement, if any. If personal property taxes are assessed, Licensee shall pay any portion of such taxes attributable to the Licensee's Facilities. Licensee shall pay any real property taxes and assessments attributable to Licensee's occupancy and use of the Premises. This Agreement may be sold, assigned or transferred at any time by Licensee to Licensee's parent Page 53025 FAU1ihties\UTH1TY - ENGR4EERR4MWTP - South RO\CeUuhv Mtc=*s sod W rc)cn Infiff-Moble O01 - Gifford Waw Tank I.iceme to Occupy March 12, 2004.DOC company or any affiliate or subsidiary of Licensee or its parent company or to any entity with or into which Licensee is merged or consolidated, or to any entity resulting from a reorganization of Licensee or its parent company. However, Licensee shall not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises to a third party without the prior written consent of Licensor. Licensee shall not sublease or sublicense the Premises. This Agreement shall be binding upon the respective parties, their assigns, and successors. From and after the date the Agreement has been sold, assigned or transferred by Licensee to an approved third party agreeing to be subject to the terms hereof, Licensee shall immediately be released from any and all liability under this Agreement, including the payment of any rental or other sums due, without any further action. Licensee takes the facilities as is and Licensor does not warrant that the facility is sufficient for the use intended by Licensee. Notwithstanding the foregoing, Licensor warrants that there are no deeds to secure debt, mortgages, liens, recorded agreements or judgments encumbering the Property and no restrictive covenants, or other encumbrances on the title to the Property that would prevent Licensee from using the Premises for the uses intended by Licensee as set forth in this Agreement. Licensor further agrees and warrants that it shall provide and be responsible for maintenance and repairs to the Elevated Tank to preserve the Elevated Tank in good order and condition. Licensor shall maintain all common areas on the Property and Premises. Licensor may allow Licensee to modify the facility to make the facility usable by Licensee. Such modification is subject to Licensor's prior written approval. All modifications, which are approved by Licensor, shall be made at the sole expense of Licensee. ► @ ; - - l l Y i► . ansioul (a) Licensor understands and agrees that the continuity of Licensee's services is of paramount importance to Licensee. Licensor shall at all times exercise the highest standard of care and judgment to prevent damage to Licensee's services. Licensor will cause any subsequent licensees to verify by frequency search that its signal will not interfere with Licensee's. In the event any of Licensor's other licensees' signals causes material interference with Licensee's Facilities, Licensor will exercise its best efforts to promptly and diligently resolve such problems after notice by Licensee to Licensor. In the event that material interference continues for a period of forty-eight (48) hours after Licensee sends written notice, Licensee shall so notify Licensor in writing, and Licensor shall cause the interfering operation to cease except for brief tests, which are necessary to determine the cause of the interference. If such interference' cannot be eliminated, Licensee, in its discretion, has the right to (i) request Licensor to cause the interfering party to cease operations permanently or (ii) request Licensor, upon full agreement with Licensee, to allow Licensee to relocate at a different location on the Elevated Tank, at Licensee's gxpense or (iii) immediately terminate this Agreement without further obligation to Licensor. Material interference shall be deemed to be any interference, which violates the terms and conditions of transmitter licenses, and/or rules and regulations of the Federal Communications Commission. In no event will Licensor be liable for any consequential damages (including, without limitation, lost profits) arising from any such interference. (b) Licensor agrees that Licensee shall have access to the Elevated Tank and the Premises on which the Elevated Tank is located 24 hours per day, seven days a week, following notice to Licensor's Utility Services Director or his designee for the purpose of maintaining and repairing Page 63@35 F:\Utk=\UTU. rY - ENGINEERINGXWTP - South RO\Ct&dw Antennas and Wireless Inio\T-Mock 001- Gifford water tank License to Occupy March 12.2004.DOC *41W its equipment. In the event of an emergency, Licensee or its authorized agent(s) may access the Premises without prior notice but Licensee agrees to give notice to Licensor's Utility Services Director within twenty-four hours of such access. Subsequent to the initial installation of the directional antenna system, Licensee may install and remove its equipment on the Elevated Tank only with the prior written consent of the Director of Licensor's Utilities Services, which consent shall not be unreasonably withheld, conditioned or delayed. Licensor's or Licensor's authorized agent's failure to approve or disapprove any additional items within fourteen (14) days following the request therefor shall be deemed an approval. However, Licensee does not have to obtain prior written consent from Licensor, Licensor's Director of its Utilities Services, or from any of Licensor's authorized agents to maintain, install, replace or remove any equipment located within its equipment shelter. (c) Nothing contained herein is intended nor shall be construed to waive Licensor's rights and immunities under the common law or Florida Statutes § 768.28, as amended from time to time. (d) To the extent permitted by law, Licensor agrees to be responsible for any act or omission of Licensor, its agents, employees, licensees, or its independent contractors, which occurs during the term of this Agreement or alleged to arise from a breach of this Agreement by Licensor. If determined liable by a court of competent jurisdiction, Licensor shall pay all claims, losses, liens, settlements and judgments in connection, therewith, including, but not limited to, attorneys' fees and costs to defend all suits. oil) Y V 111an1 YYI (a) The installation, maintenance, repair, and removal of Licensee's equipment shall not damage the Premises or the Elevated Tank structure or the Property or interfere with the maintenance of the Property. (b) Licensee shall comply with all rules and regulations of the Federal Communications Commission, and all other applicable laws, ordinances, and regulations. (c) The Licensee shall, at least ten (10) days prior to Licensee's use or occupancy of the Premises, provide to the Licensor a certificate of commercial general liability insurance with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the Licensor's risk manager, in an amount not less than $3,000,000 combined single limit for bodily injury and property damage, including coverage for premises/operations, products/completed operations, contractual liability, and independent contractors, in accordance with the Licensor's Administrative Policy Manual. The Licensee shall, at least ten (10) days prior to Licensee's use or occupancy of the Premises, provide to the Licensor a certificate of business auto liability insurance with a reputable insurance company authorized to issue insurance policies in the State of Florida, subject to approval by the Licensor's risk manager, in an amount not less than $3,000,000 per occurrence combined single limit for bodily injury and property damage, including coverage for owned autos, hired autos, and non -owned autos, in accordance with the Licensor's Administrative Policy Manual. The commercial general liability and auto liability insurance policies shall name Indian River County, a political subdivision of the State of Florida, as an additional insured. In addition, the Licensee shall, at least ten (10) days prior to Licensee's use or occupancy of the Premises, provide to the Licensor a certificate of worker's compensation insurance, including employer's liability, with a limit of $100,000 each accident, $500,000 disease (policy limit), $100,000 disease each employee, in compliance with all state and federal laws, and in accordance with the Licensor's Page 7 304 FAUtikiesAMLITY - ENGMEERING\WTP - South RO\Ce0uhv Antmw and Wirckaa Info\T-Moble 001 - Gifford Water Tank License to Occupy Much 12, 2004.DOC Administrative Policy Manual. All required insurance shall be issued by a company that is authorized to do business in the State of Florida and that has a rating equal to or exceeding A -VII from A.M. Best's Insurance Guide. The Licensee shall provide to the Licensor at least thirty (30) days' written notice addressed to the Licensor's risk manager, prior to cancellation or reduction in coverage of this cell site only of any required insurance. Licensee shall cause any contractor or subcontractor performing any work on the Property to provide to Licensor certificates of insurance under the same conditions and with the same policy limits as required of the Licensee. (d) The Licensee hereby releases and holds harmless the Licensor, and the Licensor's officers, employees and agents, from and against any and all claims for damages, costs, third party claims, judgments, and expense to persons or property that may arise out of, or be occasioned by, Licensee's use or occupancy of the Premises and of the Property, or from any act or omission of any representative, agent, client, and/or employee of Licensee, and Licensee shall indemnify the Licensor against any such claims and any judgments that may be entered in connection therewith, including attorney fees. It is the intention of this indemnification agreement on the part of Licensee, and a condition of this agreement, that Licensee shall fully indemnify the Licensor and the Licensor's officers, employees, and agents, against any kind or character of claim whatsoever that may be asserted against the Licensor or against the Licensor's officers, employees, or agents, excepting, however, such liabilities and losses as may be due to or caused by the acts or omissions of Licensor or its officers, employees, or agents., Licensee hereby agrees to defend any and all suits, claims, and causes of action brought against the Licensor or against the Licensor's officers, employees, or agents, arising out of or in connection with Licensee use or occupancy of the Premises and of the Property, and Licensee agrees to pay any judgment or judgments, including attorney fees, that may be rendered against the Licensor or against any of the Licensor's officers, employees, or agents, in connection therewith. (e) Upon termination of this Agreement Licensee shall promptly remove all its equipment and shall at Licensee's sole expense restore the Property to the same condition in which it was prior to Licensee' s use, except for normal wear and tear and damage covered by casualty insurance. All notices hereunder must be in writing and unless otherwise provided herein shall be deemed validly given if sent by certified mail, return receipt requested, addressed as follows (or to any other mailing address which the party to be notified may designate to the other party by such notice) or as otherwise provided under applicable state law. Each party shall promptly notify the other party of a change of address as provided in this paragraph. Unless Licensor specifies otherwise in writing, Licensee shall direct license fee checks to Licensor at Licensor's address set forth in this paragraph. Name:Qmnipnint 14n1dingr,. ••. M•. Bldg- i!1 City/Statelzip: Plantation Florida 33324 LICENSOR: Indian River County Board of County Commissioners 184025 th Street, Vero Beach, FL 32960 Attention: Terry Smith, Telecommunications Manager General Services Department Phone: (772) 567-8000, Ext. 1318 Page 8 3" FAUulities\UTILITY - ENGDMERING\WTP - South RO\Caular Mtamaa wd Wireko Info\T-Moble ODI -Gifford Water Tank Licom to Occupy March 12.2004 -DOC Licensee shall not use, generate, store or dispose of any Hazardous Material (defined below) on, under, about or within the Property or the Premises in violation of any law or regulation. Licensee agrees to defend, indemnify and hold harmless the Licensor and the Licensor's officers, agents and employees against any and all losses, liabilities, claims and/or costs, including reasonable attorney fees and costs, arising from Licensee's breach this paragraph. As used in this paragraph, "Hazardous Material" shall mean petroleum or any petroleum product, hydrocarbons, asbestos, any substance known to cause cancer and/or reproductive toxicity, and/or any substance, chemical or waste that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. This paragraph shall survive for one (1) year after expiration or termination of this Agreement. Licensor warrants, represents, and agrees that neither the Licensor nor, to the best of Licensor's knowledge, any third party has used, generated, stored, or disposed of any Hazardous Materials in, on, or under the Leased Premises, Property and contiguous surrounding property. "Hazardous Materials" shall mean petroleum or any petroleum product, asbestos, and any other substance, chemical, or waste that is identified as hazardous, toxic, or dangerous in any applicable federal, state, or local law, rule, regulation, order or ordinance. To the extent permitted by law, Licensor agrees to be responsible for and hold Licensee harmless from any and all claims, damages, fines, judgments, penalties, costs, liabilities or losses (including, without limitation, any and all sums paid for settlement of claims, attorneys' fees and consultants' and experts' fees) from the presence or release of any Hazardous Materials on Licensor's Property or contiguous surrounding property unless caused by Licensee or persons acting under Licensee. Licensor agrees not to subsequently sell, lease, or use any areas of Licensofs Property for the installation, operation, or maintenance of other wireless communications facilities if, such installation, operation, or maintenance would interfere with Licensee's facilities as determined by radio propagation tests performed by subsequent licensee at subsequent licensee's expense. If the radio frequency propagation tests demonstrate levels of interference unacceptable to Licensee, Licensor shall be prohibited from subsequent licensing that area of Licensor's Property at that frequency. Licensor shall not be prohibited from the selling, leasing, or use of any of Licensor's Property for non -wireless communication use. In the event that the whole of the Property, including without limitation the Property and Elevated Tank, shall be taken or condemned, either temporarily or permanently, for public purposes, or sold to a condemning authority under threat of condemnation to prevent taking, then this Agreement shall forthwith automatically cease and terminate. Licensor shall receive the entire condemnation award for Land, Elevated Tank and such other improvements as are paid for by Licensor, and Licensee hereby expressly assigns to Licensor any and all right, title and interest of Licensee now or hereafter arising in and to any such award. Licensee may recover from such authority, and shall not recover from Licensor, any compensation as may be awarded to Licensee on account of its interest in this Agreement. Page 93f% FAUt tieslUT=Y - ENGINEERING\WTP - South RO1Cclluhu Anterum wd Wueks Info\T-Moble 001 - Gifford Water Tank 1-ieeme to Occupy March 12, 2004. DOC on (a) This Agreement constitutes the entire agreement and understanding between the -parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. Any amendments to this Agreement must be in writing and executed by both parties. (b) If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement not being held invalid or unenforceable by a court of competent jurisdiction shall remain in full force and effect. (c) This Agreement shall be binding on and inure to the benefit of the successors and pernutted assignees of the respective parties, subject to the provisions of Paragraph 11, Assignment and Subleasing, of this Agreement. (d) This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by one party against the other party or otherwise arising out of this agreement shall be in Indian River County, Florida or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. (e) All Riders and Exhibits annexed hereto form material parts of this Agreement. (fj This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. (g) Licensor shall not be responsible for any loss, damage, destruction, or theft of Licensee's equipment or property. (h) Once during the initial term and once during any Renewal Terms of this Agreement, Licensor may, upon sixty (60) days' written notice to Licensee, require Licensee to move or remove its equipment, including, but not limited to, antennas, cables, transmission lines, conduits, and supports, from the Elevated Tank, in order for Licensor to clean, paint, repair, or otherwise maintain the Elevated Tank. If such notice is given, Licensor agrees to permit Licensee to place temporary transmission facilities on the Property until such time as Licensor has completed the maintenance to the Elevated Tank. (i) Upon prior notice to Licensee at least twenty-four (24) hours in advance, Licensor shall have access to the Premises, when accompanied by Licensee or its employee(s) or agent(s). This Agreement constitutes the entire agreement of the parties hereto and shall supersede all prior offers, negotiations, and agreements. No revision of this Agreement shall be valid unless executed in writing by both parties. IN WITNESS WHEREOF, the parties have made and executed this Elevated Water Tank Space License Agreement on the 23rd day of March , 2004. Page 10301,E FAUtiiankUTIIITY . ENGMERINQ.WTF . South ROTc0olr Aaaaas and WbeJm 1nfo1T-MobOe 001- Gfford Water Tank Licence to Occupy Myth 12, 2004.DOC 308 Pate I I of 15 309 Page 12 of 15 ... ... - .. .... _+P,a T .hurtwil T COMIIUM CATIO SfcTE :: i �• - fj r�„a�or - - i tom.: 1#4 ►IQIk +It,+ r/Ki01Lt Ntn T-t+kiEM:e Wit ITT RACK :. _ V ' : MEAN ^04tR 1/1111.0 t Y 1 l.Hb•bUttV±� � i i WATER TANK unOL LY'IJ WMnAW wm bow. ! pwwOAlS ' Ol1�:TOaR 11IMW7 fMLHN! /Ta�vti>Ir� Cr t•a11. ,.AeDYXtr a—M.Aft1'SJ - �Wrl�lMi{'J� irS'Ei.W4 0, f 114 S`"57fT i A p? T • •Mobile 61 DO SWIM STREET BLDG. 3, t000 PtANTAI 17321 f WATER TANK 9p I.TN Cr VE90 9E�CK FL ]299) 909N 91VC9 CQYNri E P l NciC. Cpai4iyiplt ip min �u. 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SURE 1000 PLANTATION, FL 3=4 AZPWO3.A WATER TANK .-.m CT vFAO U.CLLRL SSMT www -IMaouw l September 10, 2024 ITEM 8 Consent INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: September 10, 2024 SUBJECT: Blanket Travel Authorization for Commissioners, County Officers, and Staff for Fiscal Year 2024-2025 (October 1, 2024, through September 30, 2025) FROM: Kim Moirano, Lead Commissioner Assistant DESCRIPTION AND CONDITIONS: Commissioners sit on committees that sometimes require out -of -County travel (for example, Treasure Coast Regional Planning Council and Treasure Coast Sports Commission). Additionally, Commissioners, County Officers, and Staff may need to travel out -of -County for the following purposes: 1. to attend legislative conferences, policy conferences, and meetings scheduled by the Florida Association of Counties, National Association of Counties, and local/regional legislative programs; 2. to meet with State Representatives, State Senators, and State Agencies such as the Departments of Environmental Protection and Transportation, among others; 3. to attend the National Hurricane Conference, Florida Governor's Hurricane Conference, Florida Shore & Beach Preservation Association Conference, the Florida Governor's Conference on Tourism, and other state or regional conferences directly related to committees on which Commissioners and/or County Staff members serve; and 4. to lobby for the County's various projects (and associated grants), legislative priorities, or other proposed legislation. FUNDING: Funding for this travel has been included in the Fiscal Year 2024-2025 budget. RECOMMENDATION: Approval is recommended for Commissioners, County Officers, and Staff to travel out -of -County for current and future assigned committee meetings and the programs, meetings, and hearings listed in the Descriptions and Conditions above during the 2024-2025 Fiscal Year. 313 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Division Date: September 24, 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, Asst. Director Parks and Conservation T NT AGENDAing 10-08-2024 Subject: Grant Agreement for the Florida Department of State, Division of Historical Resources Small Matching Grant for the Gifford Parks "Tour Through Time." BACKGROUND: On July 11, 2023, the Board authorized staff to apply for a Florida Department of State, Division of Historical Resources (DHR) Small Matching Grant to produce educational signage, brochures, and a video highlighting the Gifford Community. The goal for this project is to create an experience showcasing the past, present, and future of the Gifford Community. The objective of this grant is to create signage and other materials that capture the rich history of the Gifford community, while at the same time bringing the story of the community through time to present. Staff will work with community leaders, the Indian River County Historical Society, and other available resources, to develop the materials that will be produced. The largest array of signage is planned for MLK Park. The interior of the park has a small trail where the "Tour Through Time" will be showcased along this pathway. A series of signs will be produced based on pivotal events, community leadership, and other milestones that present the story of the Gifford Community. MLK Park includes the Macedonia Church and the nearby Gifford Sundial Marker adjacent to the Gifford Middle School. Signage along the MLK Trail will showcase these, and other important historical sites in Gifford including the water tower which is visible from the park. Additional signage is proposed for Victor Hart Park, including the portion of the park where the three baseball fields are located. Signage in proximity to these fields will link the history of Gifford to the Jackie Robinson Training Complex. The final two locations for proposed signage include the Gifford Dock and Hosie Schumann Park. Signage in these two locations will be designed to provide history of these sites, their link to the other historical sites, and their impact on the Gifford Community, both past and present. The grant will include production of brochures, providing the public a "take away" element to share with others. A video will be prepared that showcases the knowledge and experiences of community 314 members, County historian, and other notable people. A copy of the video will be provided to the Gifford Youth Achievement Center, to local schools, and to the Historical Society for use in their programming. The video will be available through a link on the County's website, Channel 27, and as a QR code on prepared signage. This linked educational experience provided through signage, brochures, and videography is similar to the previous grant received from DHR and a successful outreach showcasing the historical significance along the Historic Jungle Trail. DESCRIPTION AND CONDITIONS: At the July 11, 2023, the Board of County Commissioners provided Resolution 22023-030 as part of the application process for submission of the grant to DHR which assures matching funds have been allocated for this grant. The project cost is estimated to be $22,500. The County is required to match 50% ($11,250) towards the completion of the grant deliverables. The Gifford Tour Through Time project was selected for funding as one of the DHR Small Matching Grants approved in 2024. DHR provided a Grant Award Agreement (Attachment 1) to staff on September 17, 2024. FUNDING: Funding for this project, in the total amount of $22,500, is budgeted and available in the General Fund/Parks/Other Professional Services — Gifford Tour Grant, account number 00121072-033190- 23812, in Fiscal Year 2024/2025. The Department of State, Division of Historical Resources funds will provide $11,250 as a matching share towards this project. Account Description Account Number Amount General Fund/Parks/Other Professional Services — Gifford Tour Grant 00121072-033190-23812 $22,500.00 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners accept the Florida Department of State, Division of Historical Resources Small Matching Grant for the Gifford Parks "Tour Through Time," and authorize the Chairman to execute the Agreement between the Florida Department of State, Division of Historical Resources and Indian River County after review and approval by the County Attorney. ATTACHMENTS: • Attachment 1 — Grant Agreement for the Florida Department of State, Division of Historical resources Small Matching Grant for the Gifford "Tour Through Time" • Grant Form - Grant Agreement for the Florida Department of State, Division of Historical resources Small Matching Grant for the Gifford "Tour Through Time" APPROVED AGENDA ITEM FOR OCTOBER 8,202 315 AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County Parks Division 25.h.sm.300.110 This Agreement is by and between the State of Florida, Department of State, Division of Historical Resources hereinafter referred to as the "Division," and the Indian River County Parks Division hereinafter referred to as the "Grantee." The Grantee has been awarded a Small Matching Grant by the Division, grant number 25.h.sm.300.110 for the Project "A Tour Through Time - The Gifford Community," in the amount of $11,250 ("Grant Award Amount"). The Division enters into this Agreement pursuant to Line Item 3226, contained in the 2025 General Appropriations Act, HB5001, Laws of Florida. The Division has the authority to administer this grant in accordance with Section 267.0617, Florida Statutes. In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Grant Purpose. This grant shall be used exclusively for the "A Tour Through Time - The Gifford Community," the public purpose for which these funds were appropriated. a) The Grantee shall perform the following Scope of Work: Grant funds will be used to produce educational content with the Indian River County Parks Division in Florida. Work items include develop, produce, and install fifteen (15) interpretive signs; produce one (1) educational video a minimum of eight (8) minutes in length; and produce five thousand (5,000) educational brochures. All tasks associated with the Project shall meet the requirements set forth in this agreement. b) The Grantee agrees to provide the following Deliverables and Performance Measures related to the Scope of Work for payments to be awarded. # Payment Deliverable Description Documentation PAayment 1 Advanced Submit a copy of credentials for the One (1) digital copy of research $2,813 Payment research consultants and filmmakers and a consultants' credentials; One (1) copy of the project timeline to the Division digital copy of the filmmakers' for review and approval. credentials; One (1) digital copy of the project timeline. NIP:1 Gant A%wdAg==t (Fmn CAA001), Main 072024 R& ]A39.001,FloridaA&ninisom-heCod-- 316 2 Fixed Complete and submit content outline of One (1) digital copy of the $2,812 Price fifteen interpretive signs, one educational content outline for fifteen video, and educational brochures to the interpretive signs, one Division for review and approval educational video, and educational brochures 3 Fixed Complete and submit drafts of the fifteen One (1) digital draft copy fifteen $2,813 Price interpretive signs, one educational video, interpretive signs, one and educational brochures to the Division educational video, and for review and approval educational brochures. 4 Fixed Provide a live link to the educational video, A live link to the educational $2,812 Price a minimum of eight (8) minutes, published video, a minimum of eight (8) to website; a minimum of fifteen (15) digital minutes in length; a minimum of photographs of the fifteen (15) installed fifteen (15) digital photographs interpretive signs; one (1) digital copy of of the fifteen (15) installed the final educational brochure to the interpretive signs; a digital copy Division for review and approval. In of finalized educational addition, a Single Audit Form shall be brochure. One (1) Single Audit completed by the Grantee and submitted Form; One (1) copy of the final along with the Final Progress Report prior progress report; documentation to final payment; documentation to support to support all paid expenditures all paid expenditures including detailed paid including detailed paid invoices, invoices, bank records, and canceled bank records, and canceled checks. checks Totals $11,250 c) The Grantee has provided an Estimated Project Budget based upon reasonable expenditures projected to accomplish the Grantee's Scope of Work and Deliverables outlined in the Agreement. The Budget provides details of how grant and match funds will be spent. All expenditures shall be in accordance with this budget (which is incorporated as part of this Agreement and entitled Attachment A) and must be incurred during the term of this Agreement, as stated in Section 2. of this Agreement. 2. Length of Agreement. This Agreement shall begin on 07/01/24, and shall end 06/30/25, unless terminated in accordance with the provisions of Section 34 of this Agreement. Contract extensions will not be granted unless Grantee is able to provide substantial written justification and the Division approves such extension. The Grantee's written request for such extension must be submitted to the Division no later than thirty (30) days prior to the termination date of this Agreement and no amendment will be valid until a written amendment is signed by both parties as required in Section 7 and Section 15 of this Agreement. I Contract Administration. The parties are legally bound by the requirements of this Agreement. Each party's contract manager, named below, will be responsible for monitoring its performance under this Agreement, and will be the official contact for each party. Any notice(s) or other communications in regard to this agreement shall be directed to or delivered to the other party's contract manager by utilizing the information below. Any change in the contact information below shall be submitted in writing to the contract manager within 10 days of the change. Pap:2 Gant AvwdAgceenffit (Form C>AA001), Effective 072024 Ruk IA 39.001, Florida Adminism Ww Cafe 317 For the Division of Ilistorical Resources: Olivia Wichowski Florida Department of State R.A. Gray Building 500 South Bronough Street Tallahassee, FL 32399 Phone: 850.245.6427 Email• ohvia.wichowski@dos.myflorida.com For the Grantee: Contact: Wendy Swindell Address: 1801 27th Street Vero Beach Florida 32960 Phone: 772.226.1781 Email: wswindell@ircgov.com 4. Grant Payments. All grant payments are requested online via www.dosgrants.com by submitting a payment request with documentation that the deliverable has been completed. The total grant award shall not exceed the Grant Award Amount, which shall be paid by the Division in consideration for the Grantee's minimum performance as set forth by the terms and conditions of this Agreement. Grant payment requests are not considered complete for purposes of payment until review of the deliverables for compliance with the terms and conditions of this Agreement by the appropriate Division staff is complete and approval of the deliverable given. The grant payment schedule is outlined below: a) All payments will be made in the amounts identified with the Deliverables in Section 1 of this agreement. b) All payments will be made in accordance with the completion of those Deliverables. 5. Electronic Payments. The Grantee can choose to use electronic funds transfer (EFT) to receive grant payments. All grantees wishing to receive their award through electronic funds transfer must submit a Direct Deposit Authorization form to the Florida Department of Financial Services (DFS). If EFT has already been set up for the organization and a payment has been received at the account in the past year, the Grantee does not need to submit another authorization form unless the organization has changed bank accounts. If the grantee has not received a payment at the account in the past year, they should check with DFS at (850) 413-5517 or e-mail at DirectDeposit&MyFloridaCFO.com to see if their EFT request is still active. The authorization form is accessible at hit psWwww.myfloridacfo.com/docssfi'accounting-and-auditing-hbraries/vendors/vendor-relations/dfs-al-26e- direct-denositvendors.pdf?sfvrsn=eff728cf 16 where information pertaining to payment status is also available. 6. Florida Substitute Form W-9. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department of Financial Services (DFS) must have the correct Taxpayer Identification Number (TIN) and other related information in order to report accurate tax information to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W- 9 visit htpsJ/flvendor.myfloridacfo.com/ . A copy of the Grantee's Florida Substitute Form W-9 must be submitted to the Division, as required, in advance of or with the executed Agreement. 7. Amendment to Agreement. Either party may request modification of the provisions of this Agreement by contacting the Division to request an Amendment to the Contract. Changes which are agreed upon shall be valid only when in writing, signed by each of the parties, and attached to the original of this Agreement. Page: 3 Gant Anand Ageement (Fonn CAA001), Effective 07,2024 Rule l A-39.001, Florida Aaininishnmie Code 318:. . If changes are implemented without the Division's written approval, the organization is subject to noncompliance, and the grant award is subject to reduction, partial, or complete refund to the State of Florida and termination of this agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for failure to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes. a) Any advanced funds will be returned to the State of Florida if unexpended within the first 3 months of disbursement. b) Payments will be withheld for failure to complete services as identified in the Scope of Work and Deliverables, provide documentation that the deliverable has been completed, or demonstrate the appropriate use of state funds. c) If the grantee has spent less than the Grant Award Amount in state funds to complete the Scope of Work, the final payment will be reduced by an amount equal to the difference between spent state dollars and the Grant Award Amount. d) The Division may reduce individual payments by 10% if the completed Deliverable does not meet the Secretary of the Interior's Standards and Guidelines or other industry standards applicable to the project. The Division shall reduce total grant funding for the Project in direct proportion to match contributions not met by the end of the grant period. This reduction shall be calculated by dividing the actual match amount by the required match amount indicated in the Agreement and multiplying the product by the Grant Award Amount indicated in the Agreement. Pursuant to Section 17, Grantee shall refund to the Division any excess funds paid out prior to a reduction of total grant funding. 9. Additional Special Conditions. Heritage Education Projects. a) Copyright and Royalties: When publications, films, or similar materials are developed, directly or indirectly, from a program, project or activity supported by grant funds, any copyright resulting therefrom shall be held by the Florida Department of State, Division of Historical Resources. The author may arrange for copyright of such materials only after approval from the Department. Any copyright arranged for by the author shall include acknowledgment of grant assistance. As a condition of grant assistance, the grantee agrees to, and awards to the Department and, if applicable, to the Federal Government, and to its officers, agents, and employees acting within their official duties, a royalty -free, nonexclusive, and irrevocable license throughout the world for official purposes, to publish, translate, reproduce, and use all subject data or copyrightable material based on such data covered by the copyright. b) The Grantee shall submit heritage education project contracts to the Division for review and approval prior to execution. 10. Credit Une(s) to Acknowledge Grant Funding. Pursuant to Section 286.25, Florida Statutes, in publicizing, advertising, or describing the sponsorship of the program the Grantee shall include the following statement: a) "This project is sponsored in part by the Department of State, Division of Historical Resources and the Pvp:4 Z amc AmdAgreerrmt (Form c"MI ), Effective 072024 Me I A-39.00 1, Royida AdmwiWaiwCode 319 State of Florida." Any variation in this language must receive prior approval in writing by the Division. b) All site-specific projects must include a Project identification sign, with the aforementioned language, that must be placed on site. The cost of preparation and erection of the Project identification sign are allowable project costs. Routine maintenance costs of Project signs are not allowable project costs. A photograph of the aforementioned sign must be submitted to the Division as soon as it is erected. Non -site-specific projects that produce report(s) must include the aforementioned language in the report. 11. Encumbrance of Funds. The Grantee shall execute a binding contract for at least apart of the Scope of Work by September 30, except as allowed below. a) Extension of Encumbrance Deadline: The encumbrance deadline indicated above may be extended by written approval of the Division. To be eligible for this extension, the Grantee must demonstrate to the Division that encumbrance of grant funding and the required match by binding contract(s) is achievable by the end of the requested extended encumbrance period. The Grantee's written request for extension of the encumbrance deadline must be submitted to the Department no later than fifteen (15) days prior to the encumbrance deadline indicated above. b) Encumbrance Deadline Exception: For projects not involving contract services the Grantee and the Department shall consult on a case-by-case basis to develop an acceptable encumbrance schedule. 12. Grant Reporting Requirements. The Grantee must submit the following reports to the Division. All reports shall document the completion of any deliverables/tasks, expenses and activities that occurred during that reporting period. All reports on grant progress will be submitted online via www.dosgmla.com, a) Total Compensation Paid to Non -Profit Personnel Report: If applicable, the Grantee shall complete and return to the Division within 30 days of the execution of this Agreement Attachment C, entitled "Total Compensation Paid to Non -Profit Personnel Using State Funds" which shall satisfy the requirement to provide documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract for remuneration to any member of the board of directors or an officer of the contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the contractor. The documentation must indicate the amounts and recipients of the remuneration. "State funds" means funds paid from the General Revenue Fund or any state trust fund, funds allocated by the Federal Government and distributed by the state, or funds appropriated by the state for distribution through any grant program. The term does not include funds used for the state Medicaid program. b) First Project Progress Report is due by October 31, for the period ending September 30. c) Second Project Progress Report is due by January 31, for the period ending December 31. d) Third Project Progress Report is due by April 30, for the period ending March 31. e) Final Report. The Grantee must submit a Final Report to the Division within one month of the Grant Page: 5 G= AwmdAgeeo=t (Form GAA001), Effective 072024 rae IA -39.00 1, Florida A&Wni #win a Code 320 Period End Date set forth in Section 2 above. 13. Matching Funds. The Grantee is required to provide a 100% match of the Grant Award Amount. Of the required match, a minimum of 25% must be cash on hand. The remaining match may include in-kind services, volunteer labor, donated materials, and additional cash. For projects located in Rural Economic Development Initiative (REDI) counties or communities that have been designated in accordance with Sections 288.0656 and 288.06561, Florida Statutes, Grantees may request a waiver of the match amount. Grantees that are Certified Local Government (CLG) organizations and Main Street Program organizations are not required to provide a match. The Grantee must submit documentation that the minimum match requirements have been met and provide to the Division documentation evidencing expenses incurred to comply with this requirement. 14. Grant Completion Deadline. The grant completion deadline is the end date of this Agreement set forth in Section 2 above. The Grant Completion Deadline is the date when all grant and matching funds have been paid out or incurred in accordance with the work described in the Scope of Work, detailed in the Estimated Project Budget. If the Grantee finds it necessary to request an extension of the Grant Completion Deadline, an Amendment to the Agreement must be executed as per Section 7, and the stipulations in Section 15 must be met. 15. Extension of the Grant Completion Deadline. An extension of the completion date must be requested at least thirty (30) days prior to the end of the Grant Period and may not exceed 30 days, unless the Grantee can clearly demonstrate extenuating circumstances. An extenuating circumstance is one that is beyond the control of the Grantee, and one that prevents timely completion of the Project such as a natural disaster, death or serious illness of the individual responsible for the completion of the Project, litigation related to the Project, or failure of the contractor or architect to provide the services for which they were contracted to provide. An extenuating circumstance does not include failure to read or understand the administrative requirements of a grant or failure to raise sufficient matching funds. Changes to the original completion deadline shall be valid only when requested in writing, approved by the Division, and an Amendment to the Agreement has been executed by both parties and attached to the original of this Agreement. The Grantee must provide documentation that a portion of the grant funds and match contributions are encumbered and demonstrate to the satisfaction of the Division that project work is progressing at a rate such that completion is achievable within the extended Grant Period. 16. Non -allowable Grant Expenditures. The Grantee agrees to expend all grant funds received under this agreement solely for the purposes for which they were authorized and appropriated. Expenditures shall be in compliance with the state guidelines for allowable Project costs as outlined in the Department of Financial Services' Reference Guide for State Expenditures (revised 11/1/2019), which are incorporated by reference and are available online at hbt psY/www.myfloridacfo.com/docs-sf/accounting-and-auditing. hbraries/stateagencies/reference-guide-for-state-expenditures.pdf?sfvrsn=b4cc3337_2. The following categories of expenditures are non -allowable for expenditure of grant funds and as contributions to required match: a) Expenditures for work not included in the Scope of Work of the executed Grant Award Agreement; b) Costs of goods and services not procured in accordance with procurement procedures set forth in the Grant Award Agreement; c) Costs not consistent with the grant project type, as described in section V.C.2. of the program guidelines and as selected in the application; 1 r d) Expenses incurred or obligated prior to or after the Grant Period, as indicated in the Grant Award (cant Av=dA unt (Form GAA001), Effective 07/2024 1& IA_ 34.001, F7ond2 Admoboa Ie Code ps 321 Agreement; e) Expenses associated with lobbying or attempting to influence Federal, State or local legislation, the judicial branch or any state agency; f) Expenditures for work not consistent with the applicable historic preservation standards as outlined in the Secretary of the Interior's Guidelines available at https://www.nps.gov/orgs/1739/secretarystandards- treatment-historic-properties or applicable industry standards; g) Costs for projects having as their primary purpose the fulfillment of Federal or State historic preservation regulatory requirements, including costs of consultation and mitigation measures required under Section 106 of the National Historic Preservation Act of 1966, as amended, or under Section 267.031, F. S.; h) Projects directed at activities or Historic Properties that are restricted to private or exclusive participation or access, which shall include restricting access on the basis of sex, race, color, religion, national origin, disability, age, pregnancy, handicap or marital status; i) Entertainment, food, beverages, plaques, awards or gifts; j) Costs or value of donations or In-kind Contributions not documented in accordance with the provisions of the Grant Award Agreement; k) Indirect costs including Grantee overhead, management expenses, general operating costs and other costs that are not readily identifiable as expenditures for the materials and services required to complete the work identified in the Scope of Work in the Grant Award Agreement. Examples of indirect costs include: rent/mortgage, utilities, janitorial services, insurance, accounting, internet service, monthly expenses associated to security systems, non -grant related administrative and clerical staffing, marketing and fundraising activities; 1) Administrative and project management expenditures such as expenditures that are directly attributable to management of the grant -assisted Project and meeting the reporting and associated requirements of the Grant Award Agreement, whether grant expenditures or match contributions, which in aggregate exceed 5% of the grant award amount; m) Grantee operational support (ie., organization salaries not directly related to grant activities; travel expenditures; per diem; or supplies); n) Insurance costs; o) Capital improvements to property; p) Planning activities for the interior of Religious Properties (Exception: planning related to structural elements of the building. Examples include: foundation repairs, repairs to columns, load bearing wall framing, roof framing, masonry repairs, window and exterior door repairs and restoration practices associated with the building envelope); q) Planning for accessibility improvements for Religious Properties; r) Furniture, including but not limited to: desks, tables, seating, rugs and mats, artwork and decorations, window treatments, case goods (including cabinets, countertops, or bookshelves) with no historic precedent, systems' furniture, movable partitions and acoustical treatments and components, unless specific Page: 7 (ant AvardAgeen=t (Form (AA001), Effective 072024 Inde IA -39.00 1, Ronda Adminis hwiw ade 322 prior approval has been granted by the Division; s) Equipment Purchase of all equipment directly or indirectly related to the project is non -allowable, even if such equipment is necessary for the completion of the project. Non -allowable equipment includes, but is not limited to, portable sound systems, specialty fixtures and equipment, visual display units, televisions, appliances, computers, cameras, printers, scanners, projection systems, portable light fixtures, and total stations, anchors and other objects needed to operate boats and ships, pumps, jacks, and other tools, unless specific prior approval has been granted by the Division 2. If special equipment is required for completion of the Project, it shall be rented for the grant term unless it can be shown that acquiring the equipment is cheaper than renting the equipment and approval has been provided by the Division as part of the documentation presented at the time of application. If the value of special equipment is to be used as a match contribution, the value of the match contribution shall be limited to the cost of rental for the Grant Period at the market rate for such rental in the region Approved special equipment purchased with grant funds that cost more than $5,000 and have a useful life of more than one year will be returned to the Department at the end of the grant period, prior to final payment t) Supplies that will not be consumed in use during the duration of this project; u) Maintenance of boats, cars, trailers or other vehicles; v) Costs associated with attending or hosting conferences, summits, workshops or presentations including facility rental fees (Exception: municipal or county required public meetings necessary for completion of the grant -assisted project); w) Travel expenditures, including those of personnel responsible for items of work approved by the Division, administrative personnel, contracted or subcontracted employees, either for purposes of work on-site or research off-site; and x) Tuition waivers, fees, and other non -grant related costs associated with employing students for grant projects. 17. Unobligated and Unearned Funds and Allowable Costs. In accordance with Section 215.971, Florida Statutes, the Grantee shall refund to the State of Florida any balance of unobligated funds which has been advanced or paid to the Grantee. In addition, 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 state agency. Further, the recipient may expend funds only for allowable costs resulting from obligations incurred during the specified agreement period. Expenditures of state financial assistance must be in compliance with the laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures. 18. Repayment. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of the "Department of State" and mailed directly to the following address: Florida Department of State, Attention: Grants Program Supervisor, Division of Historical Resources, 500 South Bronough Street Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is i returned to the Department for collection, Grantee shall pay to the Department a service fee of $15.00 or five Palp: 8 Gant Av=dA tent (Form GAA001), Effective 072024 Bute IA -39.001, FloridaAahninu4rtunr. Code 323 percent (5%) of the face amount of the returned check or draft, whichever is greater. 19. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment B for additional information regarding this requirement. 20. Retention of Accounting Records. Financial records, supporting documents, statistical records, and all other records including electronic storage media pertinent to the Project shall be retained for a period of five (5) years after the close out of the grant. If any litigation or audit is initiated, or claim made, before the expiration of the five- year period, the records shall be retained until the litigation, audit, or claim has been resolved. 21. Obligation to Provide State Access to Grant Records. The Grantee must make all grant records of expenditures, copies of reports, books, and related documentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts, and transcripts. 22. Obligation to Provide Public Access to Grant Records. The Division reserves the right to unilaterally cancel this Agreement in the event that the Grantee refuses public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Chapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee must immediately contact the Division's Contract Manager for assistance if it receives a public records request related to this Agreement. 23. Investment of Funds Received But Not Paid Out. The Grantee may temporarily invest any or all grant funds received but not expended, in an interest bearing account pursuant to Section 216.181(16)(b), Florida Statutes. Interest earned on such investments should be returned to the Division quarterly, except that interest accrued less than $100 within any quarter may be held until the next quarter when the accrued interest totals more than $100. All interest accrued and not paid to the Division, regardless of amount, must be submitted with the Grantee's final Progress Report at the end of the Grant Period. 24. Noncompliance with Grant Requirements. Any Grantee that has not submitted required reports or satisfied other administrative requirements for this grant or other Division of Historical Resources grants or grants from any other Florida Department of State (DOS) Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure. Grant compliance issues must be resolved before a grant award agreement may be executed, and before grant payments for any DOS grant may be released. 25. Accounting Requirements. The Grantee must maintain their financial records in such a manner that provides a complete record of the use of all grant funds as follows: a) The records must be able to specifically provide an audit trail that traces the receipt, maintenance, and expenditure of state funds; b) Accounting records must adequately identify the sources and application of funds for all grant activities and must classify and identify grant funds by using the same budget categories as approved in the grant application. If Grantee's accounting records accumulate data in a different format than the one specified in this agreement, subsidiary records must document and reconcile the amounts shown in the Grantee's accounting records to those amounts reported to the Division. Page: 9 Gant AamdAWee =t (Fom CkA001), Effective 0711024 RLde 1A-39.001, F7ondaAdmbftah a Code 324 c) An interest-bearing checking account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estimated Project Budget. d) The Grantee's accounting records must have effective control over and accountability for all funds, property, and other assets; and e) Accounting records must be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills, and canceled checks). 26. Accounting Documentation For every expense related to the use of grant or match funds and in-kind contributions the Grantee must submit documentation that demonstrates the expense and/or contribution as follows: a) For all non -personnel costs, the Grantee must provide invoices/receipts and proof of payment (i.e. canceled/processed checks or bank statements). If these costs are donated in-kind contributions, the grantee must justify the donated value. b) For personnel costs, the Grantee must provide timesheets that are signed by the employee documenting the hours worked, include the cost per hour, and demonstrate a clear relationship to the submitted payment documentation. If donated in-kind, justify the donated hourly value. c) All costs are required to be reconciled using the `Expenditure Log" in DOSgrants.com. All entries in this log must be supported by the documentation requirements described in this section. 27. Availability of State Funds. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Legislature, or the United States Congress in the case of a federally funded grant. In the event that the state or federal funds upon which this Agreement is dependent are withdrawn, this Agreement will be automatically terminated and the Division shall have no further liability to the Grantee, beyond those amounts already released prior to the termination date. Such termination will not affect the responsibility of the Grantee under this Agreement as to those funds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 28. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in performance of this Agreement, shall act in the capacity of independent contractors and not as officers, agents, or employees of the state. The Grantee is not entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 29. Grantee's Subcontractors. The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide commodities required by this Agreement. The Division shall not be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcontractor(s) for all expenses and liabilities incurred under its subcontract(s). The Grantee must take the necessary steps to ensure that each of its subcontractors will be deemed to be "independent contractors" and will not be considered or permitted to be agents, servants, joint ventures, or partners of the Division. 30. Liability. The Division will not assume any liability for the acts, omissions to act, or negligence of, the Grantee, its agents, servants, or employees; nor may the Grantee exclude liability for its own acts, omissions to act, or negligence, to the Division. Page: 10 Qwt AwwrdAMw=t (Form CAA001), F.ffedwe OMM4 RuleIA39.001,Ronda Admini eCode. 325 a) The Grantee shall be responsible for claims of any nature, including but not limited to injury, death, and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees, and subcontractors. The Grantee, other than a Grantee which is the State or the State's agencies or subdivisions, as defined in Section 768.28, Florida Statutes, shall indemnify and hold the Division harmless from any and all claims of any nature and shall investigate all such claims at its own expense. If the Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with that Section. b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign immunity, or increases the limits of its liability, by entering into this Agreement. c) The Division shall not be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the Project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commodities; and provided that it is understood by the Grantee that the Division shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 31. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable local, state and federal laws and regulations. The Grantee shall during the term of this Agreement be in strict conformity with all applicable local, state and federal laws and regulations. 32. No Discrimination. The Grantee and their subcontractors may not discriminate against any employee employed under this Agreement, or against any applicant for employment because of race, color, religion, gender, national origin, age, pregnancy, handicap or marital status. The following or a similar provision must be inserted into all of the subcontracts for services executed under this Agreement: a) No employee or applicant for employment engaged under this Agreement may be discriminated against becai of race, color, religion, gender, national origin, age, pregnancy, handicap or marital status 33. Breach of Agreement. The Division will demand the return of grant funds already received, will withhold subsequent payments, and/or will tenninate this agreement if the Grantee improperly expends and manages grant funds, fails to prepare, preserve or surrender records required by this Agreement, or otherwise violates this Agreement. 34. Termination of Agreement. a) Termination by the Division. The Division will terminate or end this Agreement if the Grantee fails to fiM its obligations herein. In such event, the Division will provide the Grantee a notice of its violation by letter, and shall give the Grantee fifteen (15) calendar days from the date of receipt to cure its violation. If the violation is not cured within the stated period, the Division will terminate this Agreement. The notice of violation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreement, the Grantee will be compensated for any work completed in accordance with this Agreement, prior to the notification of termination, if the Division deems this reasonable under the circumstances. Grant funds previously advanced Page: l l Owt A%md Agceem>Fat (Foam CA"I), Effective 072024 We 1A-39.001, RoridaAdminiow im Code 326 and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days after termination of this Agreement. The Division does not waive any of its rights to additional damages, if grant funds are returned under this Section. b) Termination for convenience. The Division or the Grantee may terminate the grant in whole or in part when both parties agree that the continuation of the Project would not produce beneficial results commensurate with the further expenditure of funds. The two parties will agree upon the termination conditions, including the effective date, and in the case of partial terminations, the portion to be terminated. c) Termination by Grantee. The Grantee may unilaterally cancel the grant at any time prior to the first payment on the grant although the Department must be notified in writing prior to cancellation. After the initial payment, the Project may be terminated, modified, or amended by the Grantee only by mutual agreement of the Grantee and the Division. Request for termination prior to completion must fully detail the reasons for the action and the proposed disposition of the uncompleted work. 35. Preservation of Remedies. No delay or omission to exercise any right, power, or remedy accruing to either party upon breach or violation by either party under this Agreement, shall impair any such right, power or remedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default, or any similar breach or default. 36. Non -Assignment of Agreement. The Grantee may not assign, sublicense nor otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent of the Division, which consent shall not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements of the Project. If the Division approves a transfer of the Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred in connection with this Agreement. In the event the Legislature transfers the rights, duties, and obligations of the Division to another governmental entity pursuant to Section 20.06, Florida Statutes, or otherwise, the rights, duties, and obligations under this Agreement shall be transferred to the successor governmental agency as if it was the original party to this Agreement. 37. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide maximum open competition when procuring goods and services related to the grant -assisted project. Procurement documentation supporting maximum open competition may be requested by the Division for review and approval prior to execution of these subcontracts. a) The Grantee must procure all professional services (architects, conservators, historic preservation consultanl structural engineers, landscape architects) using at least a request for qualifications, and the grantee must solicit at least three (3) responses to their request for the service. b) All contracts for procurement of goods and services (construction, exhibit fabrication, etc.) not included in Section 37.a. as described above must be procured in the manner described below: 1. Procurement of Goods and Services Not Exceeding $35,000. The Grantee must use the applicable procurement method described below: i. Purchases Up to $2,500: Procurement of goods and services where individual purchases do not exceed $2,500 may be conducted at the Grantee's discretion using good purchasing practices. H. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition such as written quotations and informal bids, and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. 2. Procurement of Goods and Services Exceeding $35,000. Goods and services costing over $35,000 Page: 12 (ant AvwdAgvw=t (Form QkA001), Effective 072024 ro* IA -39.001, F7oridaA&nini,7rWm ade 327 may be procured by either formal invitation to bid or request for proposals, and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurement document. i. Any formal competitive solicitation shall be made available simultaneously to all vendors, must include the time and date for the receipt of bids, proposals, or replies and of the public opening, and must include all contractual terms and conditions applicable to the procurement, and the criteria to be used in determining acceptability and relative merit of the bid, proposal, or reply. c) State entities should follow required procedures set forth in Chapter 287, Florida Statutes and Rule 60A 1.002 of Florida Administrative Code. If the grantee is a non -state entity (local government or non-profit organization) and has existing procurement requirements and procedures, follow the more restrictive, as long as state requirements are still met. 38. Conflicts of Interest. The Grantee hereby certifies that it is cognizant of the prohibition of conflicts of interest described in Sections 112.311 through 112.326, Florida Statutes, and affirms that it will not enter into or maintain a business or other relationship with any employee of the Department of State that would violate those provisions. The Grantee further agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Department of State Employee to avoid a potential violation of those statutes. 39. Binding of Successors. This Agreement shall bind the successors, assigns and legal representatives of the Grantee and of any legal entity that succeeds to the obligations of the Division of Historical Resources. 40. No Employment of Unauthorized Aliens. The employment of unauthorized aliens by the Grantee is considered a violation of Section 274A (a) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 41. Severability. If any term or provision of the Agreement is found to be illegal and unenforceable, the remainder will remain in full force and effect, and such term or provision shall be deemed stricken. 42. Americans with Disabilities Act. All programs and facilities related to this Agreement must meet the standards of Sections 553.501-553.513, Florida Statutes, and the Americans with Disabilities Act of 1990 as amended (42 U.S.C. 12101, et seq.), which is incorporated herein by reference. 43. Governing Law. This Agreement shall be construed, performed, and enforced in all respects in accordance with the laws and rules of Florida. Venue or location for any legal action arising under this Agreement will be in Leon County, Florida. 44. Rural Communities. If the Grantee is a county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., the payment of submitted invoices may be issued for verified and eligible performance that has been completed in accordance with the terms and conditions set forth in this Agreement to the extent that federal or state law, rule, or other regulation allows such payments. Upon meeting either of the criteria set forth below, the Grantee may elect in writing to exercise this provision. a) A county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., that demonstrates financial hardship; or b) A county or municipality that is a rural community or rural area of opportunity as those terms are defined in section 288.0656(2), F.S., and which is located in a fiscally constrained county, as defined in section Pap: 13 (amt AwmdAg vcm wt (Form GAA001J Effective 072024 r4k IA -39.001, Rorida Admit j a jw a%* 1. 328 218.67(1). If the Grantee meets the criteria set forth in this paragraph, then the Grantee is deemed to have demonstrated a financial hardship. 45. Restrictive Covenants. In accordance with section 287.05805, Florida Statutes, for Acquisition and Development projects directed at Real Property, if funded, the Grantee (and the Property Owner, if not the Grantee), prior to the release of the first installment of grant funds, must grant to the Florida Department of State a security interest in the Real Property at least to the amount of state funds to be provided in the grant agreement. This security interest shall be recorded in the form of a restrictive covenant on the Real Property, active for a period of fifteen (15) years for Development or active for twenty (20) years for an Acquisition. The Grantee (and the Property Owner, if not the Grantee) shall record the security interest in the office of the clerk of the circuit court of the county, or another office serving as the county recorder as provided by law, in which the Real Property is located. 46. Entire Agreement. The entire Agreement of the parties consists of the following documents: a) This Agreement b) Estimated Project Budget (Attachment A) c) Single Audit Act Requirements and Exhibit I (Attachment B) d) Total Compensation Paid to Non -Profit Personnel Using State Funds (Attachment C) Par: Clint Aw rd.Agreenmt (Form CIA001), Effective 072024 Rule 1A-39.001, Ronda AaWnfsAOw GVe 329 In acknowledgment of this grant, provided from funds appropriated in the 2025 General Appropriation Act, I hereby certify that I have read this entire Agreement, and will comply with all of its requirements. Department of State: Grantee: Board of County Commissioners of Indian River County, Florida LIM Alissa Lotane, Division Director Susan Adams, Chairman Date Date approved by BoCC Attest: Ryan L. Butler, Clerk of Court and Comptroller Approved as to form and legal sufficiency: Christopher A. Hicks, Asst. County Attorney Page. 15 Cunt AvwdA t (Foam CAA001), Effective 0712024 F4&lA39.001,F7o"Aa*inh tWwCbde 330 ATTACHMENT A Estimated Project Budget Page: 16 (cant Avwwd Agrewmt (Form GAAOO 1), Effective 07/2024 We I A-39.001, RoridaAdministrahe Code 331 Description Grant Funds Cash Match In I(ind Match Develop, produce, and install fifteen (15) interpretive signs $3,500 Produce one (1) educational video a minimum of eight (8) minutes in length $3,500 $3,500 Produce five thousand (5,000) educational brochures $4,250 $4,250 Totals $11,250 $11'250 $0 Page: 16 (cant Avwwd Agrewmt (Form GAAOO 1), Effective 07/2024 We I A-39.001, RoridaAdministrahe Code 331 ATTACHMENT B FLORIDA SINGLE AUDIT ACT REQUIREMENTS AUDIT REQUIREMENTS The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or monitoring by the Department of State as described in this Addendum to the Grant Award Agreement. In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F.S.), as revised (see AUDITS below), monitoring procedures may include, but not be limited to, on-site visits by Department of State staff, limited scope audits as defined by 2 CFR §200.425, or other procedures. By entering into this agreement, the recipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by the Department of State. In the event the Department of State determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by Department of State staff to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDM Part I: Federally Funded This part is applicable if the recipient is a state or local government or a nonprofit organization as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fiscal year must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this agreement lists the federal resources awarded through the Department of State by this agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of State. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR §§200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR §§200.508-512. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non- federal resources (ie., the cost of such an audit must be paid from recipient resources obtained from other than federal entities). PW. 17 G -t AvadAgeenent (Farm CAA001), Effedive 072024 Fae lA 39.001, Ronda AdW iniozaim Code 332 The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. U.S. Government Printing Office www.ecfr.gov Part II: State Funded This part is applicable if the recipient is a nonstate entity as defined by section 215.97(2), F.S. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a state single or project -specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I- 5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General EXfIIBIT 1 to this agreement lists the state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of State, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2. For the audit requirements addressed in Part H, paragraph 1, the recipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of section 215.97, F.S., is not required. If the recipient expends less than $750,000 in state financial assistance in its fiscal and elects to have an audit conducted in accordance with the provisions of section 215.97, F.S., the cost of the audit must be paid from the nonstate entity's resources (ie., the cost of such an audit must be paid from the recipient's resources obtained from other than state entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State of Florida Department Financial Services (Chief Financial Officer) httpJ/www.myfloridacfb.com/ State of Florida Legislature (Statutes, Legislation relating to the Florida Single Audit Act) httpl/www.leg.state.flus/ f Part III: Report Submission 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by Part I of this agreement shall be submitted, when required by 2 CFR §200.512, by or on behalf of the recipient directly to each of the following: 1. The Department of State through the httpsY/dosgrants.com/ grants management system. { .. _ Pa:18 i dant Av.wdA&vcment (F—CAAOOI), Effaxive072024 Rde:IA 39.001, FbadaAdminiotui r6det ; . 2. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR §200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by Part H of this agreement shall be submitted by or on behalf of the recipientit t to each of the following: 1. The Department of State through the httpsl/dosgrants.com/ grants management system. 2. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (httpsJ/flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Any reports, management letters, or other information required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F. S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Department of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. Part V: Record Retention The recipient shall retain sufficient records demonstrating its compliance with the terms of the award(s) and this agreement for a period of five years from the date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request for a period of at least three years from the date the audit report is issued, unless extended in writing by the Department of State. Par: 19' G= AamdAp mmt (Form WWI), Effaxim 07/2024 R* IA -39.001, Rofida Adm idowlimCa* 334 EXHIBIT 1 FEDERAL RESOURCES AWARDED TO TAE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF TAE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCESAWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCESFOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State Historic Preservation Grants; CSFA Number 45.031. Award Amount: $11,250 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at hMs;Lanns.fldfs.com/fsaa/. ATTACHMENT C Total Compensation Paid to Non -Profit Personnel Using State Funds Name: Title: Agency Agreement/Contract # Total Contract Amount Contract Term: Invoice Number Invoice Period Line Item Total Amount Total Amount Amount Paid from State Budget Category Allocated Paid Funds Salaries Fringe Benefits Bonuses Accrued Paid Time Off Severance Payments Retirement Contributions In -Kind Payments Incentive Payments Reimbursements/Allowances Moving Expenses Transportation Costs Telephone Services Medical Services Costs Housing Costs Meals Amount Paid to Date CERTIFICATION: I certify that the amounts listed above are true and accurate and in accordance with the approved budget. Name: Signature: Title: Date: Pap: 21 Qmt.AaerdA&vmv t (Form CAA001), Effective 072024 chile I A-39.001, Florida A&Wn&mtnrr Cade 336 Page: 22 clans naerciagear,®c (Form GMWI), Effective 07=4 Ruke lA 39.001, ,MndaAaWnisco& 337 GRANT NAME: Tour Through Time - Gifford Community GRANT# AMOUNT OF GRANT: $11,250 N/A DEPARTMENT RECEIVING GRANT: General Services/Parks and Recreation CONTACT PERSON: Wendy Swindell TELEPHONE: X1 781 1. How long is the grant for? 1 year Starting Date: 2. Does the grant require you to fund this function after the grant is over? 3. Does the grant require a match? If yes, does the grant allow the match to be In -Kind services? 4. Percentage of match to grant 50 % 5. Grant match amount required . 111250 07/01/2024 Yes X No X Yes No X Yes No 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? 00121072-033190-23812 (project account setup for this grant) x- mm,.w9w 7. Does the grant cover capital costs or start-up costs? Yes No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes 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 Insurance - Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel and operating? Salary and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the county over five years? L no addl funding required 9-1521-1295310627-2=11190262065521 21�21"7- �Wr4bMrwz4iamommniimembm�r�m.neonnmwm 1536-98b9ao1663+39tl88%+9Ao9inwindoxs.rMl29b3oc9+-+972- ����+�M Signature of Preparers �,,.369,771d7 n M.�®nd.nn..9w Q °� ° °°^^^�-°-^-� Date: 338 Grant Amount Other Match Costs Not Covered Match Total First Year $11,250.00 $ $11,250.00 $ 22,500.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 9-1521-1295310627-2=11190262065521 21�21"7- �Wr4bMrwz4iamommniimembm�r�m.neonnmwm 1536-98b9ao1663+39tl88%+9Ao9inwindoxs.rMl29b3oc9+-+972- ����+�M Signature of Preparers �,,.369,771d7 n M.�®nd.nn..9w Q °� ° °°^^^�-°-^-� Date: 338 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator PREPARED BY: Kelly Buck, Code Enforcement Coordinator DATE: September 25, 2024 SUBJECT: Request for Release of an Easement at 8815 Lakeside Circle It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of October 8, 2024. DESCRIPTION AND CONDITIONS: The County has been petitioned by Robert Treverton, owner of a lot at 8815 Lakeside Circle, for the release of a County -dedicated drainage and utility easement. The purpose of the easement release request is for the expansion of outdoor patio on the subject property (see Attachments 1 & 2). ANALYSIS: The subject request has been reviewed by AT&T, Florida Power & Light, Comcast Cable Services, the Indian River County (IRC) Utilities Department, the IRC Road & Bridge Division, the IRC Engineering Division, and the County Surveyor. None of the utility providers or reviewing agencies expressed an objection to the requested release of easement. Therefore, it is staffs position that the requested easement release would have no adverse impact to drainage or to utilities being supplied to the subject property or to other properties. RECOMMENDATION: Staff recommends that the Board, through adoption of the attached resolution, approve the subject release of the County -dedicated drainage and utility easement at 8815 Lakeside Circle. ATTACHMENTS: 1. Location Map 2. Draft Resolution C:\Granicus\Legistar5\L5\Temp\08f87707-7c89-442b-abf8-Odcf39c45978.docx Page 1 of 1 339 RESOLUTION NO. 2024 - A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, RELEASING AN EASEMENT (OR PORTION THEREOF) ON LOT 57, SEA OAKS RIVER HOMES SUBDIVISION UNIT IHB WHEREAS, Indian River County has an interest in a drainage and utility easement on Lot 00057.0, Block 0000, of SEA OAKS RIVER HOMES SUBDIVISION UNIT IIIB; and WHEREAS, ROBERT C & NANCY M TREVERTON the owner(s) of the property, have made application to Indian River County requesting that the County release the easement, or portion thereof, and WHEREAS, the retention of the easement, or portion thereof, as described below, serves no public purpose; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida that: INDIAN RIVER COUNTY DOES HEREBY RELEASE and abandon all right, title, and interest that it may have in the following described easement(s): to release the west ten (10) foot drainage & utility easement, and the south seven and one-half (7.5) foot drainage & utility easement, less and except any portion of the east (10) foot utility easement of Lot 57, Sea Oaks River Homes Unit III B, according to the plat thereof, as recorded in Plat Book 13, Page 16 of the Public Records of Indian River County, Florida. This release of easement is executed by Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960. THIS RESOLUTION was moved for adoption by Commissioner , seconded by Commissioner , and adopted on the day of , 2024 by the following vote: Chairman Susan Adams Vice -Chairman Joesph E. Flescher Commissioner Joe Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman declared the resolution duly passed and adopted this day of , 2024 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman ATTEST: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk 341 RESOLUTION NO. 2024 - APPROVED AS TO LEGAL FORM: Jennifer W. Shuler, County Attorney ease.bccdoc proj/apl. no. 2007050030/96243 Cc: Applicant: ROBERT C & NANCY M TREVERTON 8815 LAKESIDE CIR VERO BEACH, FL 32963 342 M IV M INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Addie Javed, PhD, P.E., CFM, Public Works Director Kirstin Leiendecker, P.E., Assistant Public Works Director Robert S. Skok, Infrastructure Project Manager FROM: Jill Williams, Contract Support Specialist FM SUBJECT: 111h Drive and 37th Street Roadway & Intersection Improvements (IRC -2001) - Final Payment, Release of Retainage and Change Order No DATE: September 16, 2024 DESCRIPTION AND CONDITIONS On December 20, 2023, the Board of County Commissioners awarded Bid No. 2023009 to Dickerson Infrastructure, Inc., dba Dickerson Florida, Inc. in the amount of $3,478,155.50 for construction of a new public road segment of 111h Drive North of 37th Street to currently undeveloped property and improvingthe existing intersection of 11th Drive and 37th Street by installing a new mast arm traffic signal with pedestrian cross walks, curb ramps, sidewalk ramps, signage, and pavement markings. Drainage improvements and installation of separate turnouts for Go -Line bus stops were also constructed. On January 23, 2024, Change Order No. 1 was approved by the Board of County Commissioners to provide funding for street lighting poles and associated power supply, alongwith relocation of an 8 - inch County owned water main in the amount of $202,836.28 increasing the total contract price to $3,680,991.78. Change Order No. 2 is to make final adjustments to contract bid items for a decrease to the total contract by $72,523.53 resulting in a final contract price of $3,608,468.25. Dickerson Florida, Inc. has completed the project and has been paid $3,420,397.34 with $180,020.91 held in retainage. Dickerson Florida, Inc. has submitted Contractor's Application for Payment No. 2001-16 for final payment of $8,050.00 and the release of retainage in the amount of $180,020.91 for a total final payment of $188,070.91. 344 Final Payment, Release of Retainage and Change Order No. 2 111h Drive and 37th Street Roadway & Intersection Improvements (IRC -2001) For October 8, 2024 Meeting FUNDING Funding in the amount of $188,070.91 is budgeted and available from the following account(s): Account Description Account Number Amount Traffic Impact Fees 2020/District II/Aviation 10415241-066510-22010 $8,050.00 Extension to 37th & 41s' Street Traffic Impact Fees/District II/Aviation Extension 102-206000-22010 $48,081.37 to 371h & 4111 Street/Retainage/Dickerson Florida Traffic Impact Fees 2020/District II/Aviation 104-206000-22010 $131,939.54 Extension to 37th & 41St Street/Retainage/Dickerson Florida RECOMMENDATION Staff recommends approval of Change Order No. 2 and payment of Contractor's Application for Payment No. 2001-16 to Dickerson Infrastructure, Inc., dba Dickerson Florida, Inc. in the amount of $188,070.91 for final payment and release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 2001-16 2. Change Order No. 2 APPROVED AGENDA ITEM FOR OCTOBER 8, 2024 Q\GrwicusUxgistar5\L5\Temp\cec384e2-746f-0e4d-aff7-022cf5w408b.doe 345 SECTION 00942 — Change Order Form IRC -2001 No. 2 DATE OF ISSUANCE: 10/8/2024 EFFECTIVE DATE: 10/8/2024 OWNER: Indian River County CONTRACTOR Dickerson Infrastructure, Inc. dba Dickerson Florida, Inc. Project: 11TH DRIVE & 37TH STREET ROADWAY AND INTERSECTION IMPROVEMENTS OWNER's Project No. IRC -2001 OWNER'S Bid No. 2023009 You are directed to make the following changes in the Contract Documents: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to bid line items and time to finalize the contract. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $3,478,155.50 Net Increase from previous Change Order No. 1 : $202,836.28 Contract Price prior to this Change Order: $3,680,991.78 Net decrease of this Change Order: $(72,523.53) Contract Price with all approved Change Orders: $3,608,468.25 Substantial Completion: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Substantial Completion: 240 Final Completion: 270 Net change from previous Change Order No. 1 (days) Substantial Completion: 120 Final Completion: 120 Contract Time prior to this Change Order: (days) Substantial Completion: 360 Final Completion: 390 Net increase (decrease) this Change Order: (days) Substantial Completion: 83 Final Completion: 83 Contract Time with all approved Change Orders: (days) Substantial Completion: 443 Final Completion: 473 ACCEPTED: RECOMMENDED: APPROVED: By: By: By: CONTRACTOR PROJECT MANAGER OWNER Change Order Form — 00942 F:\Public Works\ENGINEERING DIVISION PROJECTS\201 11th Dr and 37th St Intersection Improvements\t-Admin\Agenda Items\Project Closeout\IRC- 2001_CO2_word.docx 346 CHANGE ORDER NO. 2 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: 11th Drive and 37th Street Roadway & Intersection Improvements PROJECT NO. IRC -2001 BID NO. 2023009 327-70-8 on Miling Emsfing Asphalt Pavement (Avg. 1.5' De Unit Qua n Unit Pries Pries incmass Price Deeraase SY 78.49 232.00 18 209.68 387-7.82A Asphalt Concrete Friction Course Traffic C FC 9.5.1.5" Lift TN 519.58 275.00 142,884.50 430.175-130 Pipe CulvertOplional Material Round 30"S/CD RCP LF 3.00 285.00 855.00 522-2 Concrete Sidewalk and Driveways (Fiber Reinforce) (6" Thick) SY 12.00 72.00 864.00 5224 Bus Shelter Pad -Concrete 6" Thick Fiber Reinforce SY 2 86.00 172.00 527-2 IDetectable Wamin s Yellow SF 3 37.00 111.00 570-1-2 Performance Turf, Sod SY 7 320 4.00 29 280.00 706-1-1 Raised Pavement Markers EA 159 6.00 954.00 WCD-1 VOIDED - PART OF CHANGE ORDER 1 WCD-2 REMOVE PARKING LIGHT POLEIREINSTALL AT NEW LOCATION LS 1 10536.76 10536.75 WCD-3 VOIDED - PART OF CHANGE ORDER 1 WCD4 IMILLINGS ACCESS- MAINTAIN DURING CONSTRUCTION LS 1 11373.00 11373.00 WCD-5 ACCOMMODATE INFLOW ING DRAINGE FROM EXISTIN 24" DIAMETER CMP STORM DRAIN LS 1 1,421.28 1,421.28 W CD -6 DRILLED SHAFT FOUNDATIONS FOR MAST ARMS 1 & 2 LS 1 9,691.50 9.691.50 WCD-7 INSTALL NEW 6" WATER LINE GATE VALVE & SLEEVE AT EXISTING VALVE AT ST 7+15 LS 1 6439.50 6439.50 WCD$ INSTALL REVISED DRILL SHAFT FOUNDATION CAPS FOR MAST ARMS 1 &2 LS 1 20 823.60 20 823.60 WCD-9 PROVIDE PAYMENT FOR AS-BUILTS LS 1 8050.00 8050.00 334-1-13 Su ave Asphalt Concrete Traffic C SP 12.5,2' Lit TN 145 300.00 43 .00 430-175-118 PiDe CulvertO 'onal Material Routs 18"SICD RCP LF 54 100.00 5400.00 IRCA Replacement Trees North 11 th Dr. LS 1 12000.00 12000.00 IRC -2 Electric Power Pole & OHW System, Relocate 37th Street EA 2 100.00 200.00 Electric Ai cion Box, Undemmund, Relocate 37th Street EA 2 100.00 200.00 IRC -4 Electric Junction Box, Underaround, Relocate 11th Dr. & 36th Street EA 1 1 100.00 100.00 IRC -5 Electric Power Pole & OHW System, Relocate 11th Dr. & 36th Street EA 1 100.00 100.00 IRC.10 Trees to be Removed Palms EA 3 300.00 900.00 C01 -QUOTE .8 ILINE STOP AND ISOLATION VALVE LS 1 1 21825.34 1 21 25.34 FA IFORCEACCOUNT LS 1 29111ADOW 250 000.00 SUBTOTALSMAMI PROJECT NAME: 11th Drive and 37th Street Roadway & Intersection Improvements TOTAL : 334189.34 72,523.53 347 FWilic WVIoWNnrEERNG OM6gN PROJELT31ae1- Or M 31n St Ytr..ctlm lnpvwn.iY11-AhnFNprM. P.m.Nml.ct C1aeaMGPODI COP uctl E Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: August 30, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, County Administrator Sean C. Lieske, Director of Utility5ervices From: Howard G. Richards, PE, Capital Projects Manager, Utility Services Subject: Kimley-Horn and Associates, Inc. Work Order 8 Amendment 1 for Floridan Aquifer Well S-1 Replacement, IRCDUS Project ID 11.22.503 Background: Indian River County Department of Utility Services (IRCDUS) owns and operates the South County wellfield that consists of seven (7) Floridan Aquifer water wells that provide source water to the Oslo watertreatment plant (WTP). This wellfield is the only water resource for the Oslo WTP and ensuring "availability" is critical to the sustainability of the water system. The South County wellfield well S-1 was selected for deepening due to age and deteriorating water quality. During the initial phase of drilling to deepen S-1, the well collapsed with sand filling the well from behind the casing. Upon investigation of the collapse, it was determined that the well was not salvageable and would be replaced by a new Well S-1 Replacement (S1R). On February 15, 2022, the Indian River County Board of County Commissioners (BCC) approved Work Order (WO) 8 to Kimley-Horn and Associates, Inc. (KHA) pursuant to Agreement for Professional Services for Water Plant and Water Resources Engineering Services (RFQ2019070), dated November 5, 2019, to provide design, permitting, bid, and construction phase services for the S1R project (IRCDUS Project ID 11.22.503). The original amount of WO 8 was $222,511.00. Implementation of the S1R project comprises three performance areas: 1) drill new well, 2) construct wellhead, and 3) construct new raw water main (RWM) to Oslo WTP. KHA's WO 8 was originally scoped for the construction of S1R to be completed under a single construction contract for the well, wellhead, and RWM. During the design phase of the project, it was decided that two (2) construction contracts would be needed, one for the well drilling, and a second for construction of the wellhead and RWM. On January 23, 2024, the BCC approved and awarded for the well drilling to Florida Design Drilling, Inc. (FDD). Construction for the wellhead and RWM have not yet been advertised for public bidding. 348 Consent Item Analysis: As a result of separating the construction of S1R into separate contracts for well drilling, and wellhead and RWM, KHA will be required to provide additional bid phase and construction phase services associated with administering two (2) separate contracts. Construction phase services are primarily driven by the extended time duration. The well drilling work required clearing that would impact on-site vegetation. Since the area was known to be inhabited by gopher tortoises, KHA conducted a wildlife site survey that found one (1) burrow, then subsequently prepared an application to Florida Fish and Wildlife to have the tortoise relocated. KHA performed this out -of -scope service to avoid delaying the contractor mobilization. To improve construction schedule performance, FDD was approved to work 24 hours per day, five (5) days per week. This requires the KHA hydrogeologist subconsultant, JLA Geosciences, Inc. (JLA), to be present for key aspects of the well construction including pilot hole drilling, geophysical logging, casing installation, and grouting activities. JLA's efforts require amendment for additional time, as the original scope of services assumed construction hours limited to 12 hours per day. Additionally, IRCDUS has instituted new consultants' final deliverables for capital projects, including record drawings in AutoCAD (.dwg) format, and updates to the Utilities' Asset Management Information Records (also referred to as Asset Change List [ACL]) required to updated IRCDUS computerized maintenance management system (CMMS). In response to the above-described changes, KHA provided the attached WO 8 Amendment 1 for $98,949.00. Upon approval of WO 8 Amendment 1, the total budget for WO 8 increases to $321,460.00. Staff have reviewed WO 8 Amendment 1 and found it to be reasonable. Funding: Expenses, in the amount of $98,949.00, for this project will be recorded in the Utilities/WIP/South WTP Well S1 account, number 471-169000-22503. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. ACCOUNT NAME ACCOUNT NUMBER AMOUNT Utilities/WIP/South WTP Well S1 471-169000-22503 $98,949.00 Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve Work Order 8 Amendment 1 to Kimley-Horn and Associates, Inc., in the amount of $98,949.00, for Floridan Aquifer Well S-1 Replacement project, for additional engineering services for bid and construction phase services, wildlife site survey, extended hydrogeologist work hours, and final deliverables, and authorize the Chairman to sign it on their behalf. Upon approval of Amendment 11 the total budget for Work Order 8 will increase to $321,460.00. Attachments: Kimley-Horn Work Order 8 Amendment 1 349 AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 WORK ORDER #8 Amendment #1 Indian River County Department of Utility Services South Oslo WTP Floridan Well S-1 Replacement Amendment This Work Order Number 8 Amendment #1 is entered into as of this _ day of , 202, pursuant to that certain AGREEMENT FOR PROFESSIONAL SERVICES FOR WATER PLANT AND WATER RESOURCES ENGINEERING SERVICES RFQ2019070 entered into as of this 5th day of November, 2019 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and 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 fee schedule set forth in Exhibit B (Fee Schedule), attached to this Work Order and made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit C (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: Print Name: JAt- x tt Title:Ta0� BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: BCC Approved Date: Attest: By: Approved: Approved as to form and legal sufficiency: , Chairman , Clerk of Court and Comptroller , Deputy Clerk , County Administrator , County Attorney 350 EXHIBIT #A South Oslo Rd Water Treatment Plant Floridan Well S-1 Replacement Work Order No. 8 Amendment #1 PROJECT UNDERSTANDING Kimley-Horn and Associates, Inc. ("CONSULTANT") was authorized under Work Order #8 to provide design, permitting, bid and construction phase services on February 15, 2022 for the South Oslo Road Water Treatment Plant Floridan Aquifer well S-1 Replacement. The project was originally scoped to be completed by a single contractor who would drill the well, construct the wellhead and raw watermain to the WTP. This scope included services for providing bid phase and construction phase services under a single project. Per discussions with Indian River County Department of Utility Services (IRCDUS), the decision was made to have a standalone contractor drill the well and have a separate contractor construct the wellhead and raw watermain, with the intent of improving the final product for IRCDUS. The project design for the well was completed in September 2022 and the wellhead/raw watermain was completed in February 2023. IRCDUS advertised the well project in summer 2023 and ultimately decided not to award the project due to bids coming in over budget. IRCDUS re -advertised the project and awarded it in January 2024. The well and wellhead project have not yet been advertised for public bidding. This scope includes bid phase services for the wellhead and raw watermain contract. Additional construction phase services associated with administering two (2) separate contracts are also included in this scope of services and delineate the additional work requested by IRCDUS. The well drilling work required clearing that would impact on-site vegetation. Since the area was known to be inhabited by gopher tortoises, a survey was performed to identify any potential tortoises that would need relocation as part of the proposed work. Since gopher tortoise surveys are satisfactory for only 90 days, this work needed to be performed close to the contractor mobilization date. Consultant proceeded forward with the survey and found one (1) gopher tortoise burrow on-site. To keep the project on schedule, Consultant prepared an application with Florida Fish and Wildlife to have the tortoise relocated. The permit was issued and Consultant is going to have the tortoise relocated. IRCDUS agreed this work needed done to keep the Contractor on schedule, so Consultant proceeded accordingly. Additionally, the well driller, Florida Design Drilling, has requested IRCDUS to work 24 hours per day, five days per week. This requires the hydrogeologist be present for key aspects of well construction including pilot hole drilling, geophysical logging, casing installation and grouting activities. The efforts require an amendment as the original scope of services assumed operations be limited to 12 hours per day. As such, the following amendment is provided. SCOPE OF SERVICES TASK 1— PREPARATION OF DESIGN DOCUMENTS — WELL (NO CHANGES) TASK 2 — RAW WATERMAIN — PREPARE DESIGN DRAWINGS AND SPECIFICATIONS (NO CHAGNES) K:Ig'PB_ClrillGenerallBlacklFloridallRCUlWelISIRIAniendnient120140611-AmendmentSIR.doc Page I of6 Indian River Connn) Utilities Department 351 TASK 3 — PERMITTING (NO CHANGES) TASK 4 — BIDDING PHASE (AMENDED) These additional services are provided for the bid of the wellhead and raw watermain as a standalone contract. Consultant will complete the following items for the second bid: Consultant will prepare electronic copy of bid documents, including drawings and specifications for IRCDUS purchasing department to be utilized for bidding purposes. Consultant will assist IRCDUS with front-end bid document preparation. IRCDUS purchasing department will advertise and administer the procurement of the bidding and respond to potential bidder questions. Consultant will attend a mandatory pre-bid meeting, respond to contractor questions and prepare addendum(s), if required, which will be distributed to all the contract document holders by IRCDUS purchasing department. Consultant will respond to up to two (2) addenda during bid process. Consultant will review bids, provide a summary of comments, and a letter that identifies the most responsive and responsible bidder. TASK 5 — CONSTRUCTION PHASE SERVICES (AMENDED) Consultant will provide construction administration services for the additional contract (wellhead and raw watermain). These services will include contract document interpretation, shop drawing and change order requests. Shop drawing submittal will be reviewed for conformance with the intent of the contract documents. Consultant's original proposal did not include payment application review. Based on two separate construction contracts, Consultant anticipates up to eight (8) applications for payment for the well drilling contract and up to twelve (12) applications for payment as part of the raw watermain and wellhead contract. Based on its observations and on review of applications for payment and accompanying supporting documentation, Consultant will review the amounts that the Consultant recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Consultant's representation to Client, based on such observations and review, that, to the best of Consultant's knowledge, infonnation and belief, Contractor's work has progressed to the point indicated and that such work -in -progress is generally in accordance with the Contract Documents. Consultant's original proposal assumed 12 hours per day of drilling activities. Due to FDD's request and IRCDUS approval for 24/5 work, there are additional services needed to staff the project through key elements of construction. Consultant will utilize the services of JLA Geosciences for construction oversight. JLA will provide hydrogeologic observation services, hydrogeologic direction and well design/construction implementation during 24/5 construction of Well S -IR. A JLA hydrogeologist will be present on site during 24/5 construction activities of critical phases of the production well construction including: pilot hole drilling, geophysical logging, casing installation and cement grouting. Other aspects of well construction oversight including completion interval drilling, well development, pump testing and water quality testing K: I1,VPB_CivillGeneralWIackIFloridaURCUIN,'ell SIRWinendment120240611 -Amendment SlR.doc Page 2 of6 Indian River Comnry Utilities Department 352 will be scheduled to occur during normal work hours and do not require additional oversight. JLA's scope of services is included in this proposal for reference. Consultant's original proposal included review of the record drawings and notation of substantial deviations. IRCDUS has requested the Consultant provide record drawings to in AutoCAD (.dwg) format. Consultant will update original design files based on Contractor prepared redlined drawings and site observations. Consultant will electronically transmit record drawings to Owner upon completion of record drawing set. Consultant will prepare IRCDUS requested "Asset Change List," or "ACL". The ACL will outline the major components or assets installed or removed as part of the work including new process equipment. The list will be prepared and submitted to IRCDUS to be used for updates to the IRCDUS's Computerized Maintenance Management System (CMMS) and Financial Information System (FIS). Assets will be identified at the lowest practical level for maintenance where work orders (WO) are assigned to carryout various maintenance tasks. The ACL will also include spare parts that are provided by the project and must be identified as such. Other key requirements for the ACL are as follows: 1. An electronic database deliverable provided at completion of the project. There is no specific requirement for the software, application, or tool used to prepare the ACL; however, the final data must be submitted in a common tabular format such as .csv or .xls. 2. Each row or record in the database shall represent a single (discrete) asset and its applicable data and attributes. 3. The Consultant will coordinate and manage the completion of the ACL which is carried through to the construction phase for further updates and eventual completion. 4. New assets added will include data and notable attributes for each asset to include but may not be limited to: a. Basic Asset Type — pump, tank, control valve, MCC, analyzer, PLC, etc. b. General Data — manufacturer/vendor, model, serial no. c. Physical Data —voltage, TDH, capacity, diameter, material, etc. d. Service Data — date instal I ed/in-sery ice, warranty period/start date, expected useful life e. Financial Data — estimated installed cost (allocation of OPCC to the assets) TASK 6 — ENVIRONMENTAL SUPPORT SERVICES (AMENDED, NEW TASK) In accordance with the Florida Fish and Wildlife Conservation Commissions (FWC) guidelines, one (1) 100% gopher tortoise survey will be performed to locate potentially occupied and abandoned gopher tortoise burrows within the project area and the adjacent areas. Burrows will be located with GPS and activity status will be noted. The results of the survey will be summarized in a graphic depicting the burrows identified during the field survey. Per the guidelines, the 100% survey is only valid for 90 days. If gopher tortoises are found and more than 90 -days elapses between the 100% survey and project construction, another 100% survey will be required. If no gopher tortoise burrows are found, another survey is recommended after the installation of silt fence to assure no new burrows have been created within the project footprint. If an additional gopher tortoise survey is needed, it can be provided as an additional fee. If any potentially occupied or active burrows identified during the 100% survey will be impacted by the proposed development, a gopher tortoise relocation permit from the FWC and gopher tortoise relocation will be required. Permitting and relocation will be provided in a separate task. K. IWPB_CivillGeneralWIackiFloridaVRCU1WellSI RIRmendruent120240611- Amendment SIR. doc Page 3 of 6 Indian River Coanry Utilities Department U -N The following scope of services addresses permitting of the relocation of the on-site gopher tortoise burrows. Actual relocation will be provided as an additional service. Kimley-Horn shall prepare a gopher tortoise relocation permit application for the above referenced site. This task will include an online submittal of the application to FWC, including a map of the gopher tortoise burrows identified during a previous Task, as well as follow up and coordination to obtain the permit prior to construction commencement. This task includes one (1) site visit with FWC after application submittal to review the location of the burrows. All permit fees shall be paid by the Client. After receiving a permit from FWC, Kimley-Horn shall meet the contractor onsite during installation of BMPs for the proposed project. It is understood that if BMPs such as silt fence are not in place at the time of relocation, there is the potential for gopher tortoises from surrounding property to migrate into the construction area and require additional site visits to relocate. The excavation of the tortoises will be conducted by flat blade backhoe and a competent operator, both of which shall be arranged by Kimley Horn and is addressed in Task 6. This task assumes the tortoise relocation can be conducted within one day. Tortoises will be relocated on-site and an after -action report will be filled out and submitted to FWC. This scope assumes that all tortoises will be relocated through backhoe excavation of gopher tortoise burrows. If on-site conditions require the addition of relocation through bucket trapping of gopher tortoise burrows, this service can be provided for an additional fee. Kimley-Horn will subcontract for a backhoe operator trained in removal of gopher tortoises, pricing for the operator will be $2,500 per day, with an estimate provided of one days. If additional days are needed, the client will be charged an additional $2,500 per day needed. TIMESCHEDULE Consultant's original proposal anticipated construction duration of ten (10) months would be required. This amendment is provided to account for second contract being administered for an additional ten (10) months of project administration. FEESCHEDULE We will provide these services in accordance with our Agreement for Professional Services for Water Plant and Water Resources Engineering Services — RFQ 2019070, dated November 5, 2019, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn and Associates, Inc., ("Consultant"). The Consultant will provide professional services on a lump sum fee basis as follows: K.•IWPB_CivillGeneralWIacklFloridallRCUINlelIS1RIAmendmentl20240611-AmendntentSlkdoc Page 4oft Indian River County Utilities Department 354 Task # Task Description Wo #8 Amendment #1 Revised Total 1 PREPARE DESIGN DOCS - NO CHANGES $ 42,141 $ $ 42,141 2 PREPARE DESIGN DOCS - RWM - NO CHANGES $ 48,922 $ $ 48,922 3 PERMITTING - NO CHANGES $ 8,388 $ $ 8,388 4 BIDDING - AMENDED $ 8 543 $ 4,791 $ 13,334 5 CONSTRUCTION PHASE -AMENDED $ 114,517 $ 79,286 $ 193,803 6 ENVIRONMENTAL SUPPORT AMENDED $ $ 14,872 $ 14,872 TOTAL $ 222,511 $ 98,949 S 321,460 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 include, but may not be limited to the following: • Additional gopher tortoise relocation & permitting • Scrub jay monitoring • Additional coordination with FWC • Additional construction phase services beyond what is described herein • Re -design or integration beyond what is described herein • Construction observation beyond the time described herein KIYVPB_CivillGeneralWIacklFloridaVRCUTAlelI SIRIAtnendmen1120240611-AinendmlentSIR.doc Page 5 of6 Indian River County Utilities Department 03.1 EXHIBIT B ESTIMATE FOR ENGINEERING SERVX30 PROJECT: IRCUFloridm Well S -IR Rc laccncnl-AMENDMENT1 ' CLIENT: India River Counl • Utilities I ESTIMATOR NPOB MATERM i DESCRIPTION: Floridan Wcll S-IRReplaccncnt Design, penmlling, conslmclion phase MDMITI PRINC SEN PROP BK REG PROF PROF2 CLK ':Olay (1iiia :71IRAL Ancnd—nl I , 'TOTAL NO. TASK 1 PREPARE DESIGN DOCS - NO CHANGES .. -. •.. v Rcvicw•WcII NS-I&shin .-:. Prepare dramin s & s cs MY. review scl Zcnlz Smrcv 41.... 11 '. ... C& W J i2D $57 3 PREPAREDESIGN DOCS -RWfVE :' ##iANGES Evaluate proposed RWM hydraulic mallysis 14 $1131 - Pre amedub4 ofRWM pipe mine Pro ore dmwion sfor 9()°/.submittal 8 go 12 $584 9D"A Design ncelin 1-ncctin lanncd 4 $48 'I Dclail shcels 3 Covcr/Kc y Ma /Notes 4 20 4 $183 Pronm 0nnldrawin s 4 4 52 12 8373 3,40 Finn/ Review Mectin I-ncetin Imned 4 6 8 8121 761 Opinion oC mbnblcconsinrclioncost 2 12 4 $96 190 Technical S ecJcation Preparation 2 6 24 $16N 3 822 SOP`fUl( Hurd S_�u�smd ,kr 8 8 12 5W $147 5839 SURVEI" wcOsite & RW 2 4 SI 500 $48 598 3 PERMITTING - NO CRANGE8 ^-..,. _.. SIRWMD - .... _.. $INN 1472 .. FDEP cmdlo &RAI :: ... 12 $194 dIAT, JiA ` S'.7 tr 730 4 BIDDING -AMENDED Coordination n•Nh contractor - 123 943 Review change O[dCF S88 314 Jf.0. SI I's C&W SL I5W Addition.: Well & RWM Addlimnl: Pre-bid Meelin "" Adf6donnl: Addenda .. -. - Additional: Bid Recommendation Letter AdditianM: A/ C 5CONSTRUCTION mASE-AMEND Coordhmtion/Ob.—Iion - well Coordmation/Observation - RWM w - ShopDry 5301 ... ... Mcelin s 8 .... ....T240 .5346 .. . . ILA onsilc Drill aS-I .: - - Sot - 4 .. ILA Well Conviction Ro rt 5' _ Sinrtu & cmtionaltat svollbcnd FO 10 4 C&W $f a8a :. Final FDEP Relcase 6 4 .. ... . Additional: Asscl list 4 8 2 97 AtUtional:Ad"nTdnrn seemde rwt 12 2 4 91 Additional: Record DraWn s .. :. 6 ... 4 ... .. .. 52 Additional: Pa A Review tl " .$ f :.: : " 20 : : 8 :.: :.'.. 86 Additional: 24/5 Cmer a .. d - .. ... .. 6 ENVQtONR3EN'I`Atf ,.. Additional: Tortoise Su - .... .. _' t' - :"' .. ;. 5166 ., 7. .. Additional: GF Relo Permit SI66 ' 86 Additional: Site Visit wtFW-- -- ._ S33 753 Additional: Permit Fee - - .::. `" - :' - O $14 1' .. ... 154 Additional: Tortoise Relocation M 141 $137 07 Additional: Bncidim Operator $28 28 1028 Z 58,1154 222 511 98 949 1A st7i,43z X.*IWPB CivtIVenemlWaCk Mridal[RCMWe!{ 91 R{Anlendnienl1201-00611 - Amendulent SI R.doc Page 6 of 6 Indian River County Utilities Department k1 Til JLA Geosciences, Inc. HYDROGEOLOGIC CONSULTANTS 1907 Commerce Lane, Suite 104 Jupiter, Florida 33458 (561) 746-0228 fax (561)746-0119 July 29, 2024 Nick Black, P.E. Kimley Horn and Associates, Inc. 1920 Wekiva Way, Suite 200 West Palm Beach, FL 33411 Via Electronic Mail RE. Proposal for Indian River County Utilities Upper Floridan Aquifer South Well 1R, Well Design, Bidding, Construction & Testing Services- 24 Hour Drilling Services Additional Time Dear Nick, JLA Geosciences, Inc., (JLA) is pleased to have the opportunity to provide Hydrogeologic Consulting Services to Kimley Horn and Associates (KHA) and their client, Indian River County Utilities (IRCU) for the above referenced project. Our proposed scope of work includes 24 hour site coverage for key parts of well construction based on Florida Design Drilling (FDD) modified work schedule of continuous 24 hours per day, 5 days per week work (24/5) for Upper Florida Aquifer Replacement Well (Well S-111). Based on FDD's most recent schedule submitted on 7/26/24 JLA has generated this scope amendment to facilitate 24/5 coverage during key aspects of well construction including pilot hole drilling, geophysical logging, casing installation and grouting activities. The following tasks identify our proposed scope of work with the associated costs for your consideration. 1.0 Upper Floridan Aquifer Well Construction Supplemental Coverage — Provide hydrogeologic observation services, hydrogeologic direction and well design/construction implementation during 24/5 construction of Well S -IR. A JLA hydrogeologist will be present on site during 24/5 construction activities of critical phases of the production well construction including; pilot hole drilling, geophysical logging, casing installation and cement grouting. Other aspects of well construction oversight including completion interval drilling, well development, pump testing and water quality testing will be scheduled to occur during normal work hours and do not require additional oversight. The estimate of additional labor hours necessary to cover 24/5 construction activities is based on the attached summary. Professional and support services TOTAL COST ESTIMATE $52,217.00 $52,217.00 This proposal was prepared based on the information provided to date and our understanding of the project. If you feel that we have omitted anything or have not clearly defined the anticipated scope of work, we will gladly review additional information, and modify the scope and associated costs accordingly. jlageosciences.com 357 JLA Geosciences, Inc. ;, please 358 Hydrogeologic Services Estimate PROJECT: Upper Floridan Aquifer Well S-111, Well Design, Bidding, Construction & Testing - 24 Hr Drilling Update SHEET 1 OF 1 CLIENT: Klmley-Horn/Indian River County FILE NO. ESTIMATOR: Jon Friedrichs, P.G.,1LA Geosciences DATE: 07/29/24 JLA Geosciences, Inc. DESCRIPTION: Provide hydrogeologic services for the well design, construction phase services, and well completion reporting for one (1) Upper Floridan Aquifer Production Well (S-4). MAN HOURS/EXPENSES Prof Manager- Pres Prin Hydro I Sr. Hydro III I Sr. Hydro 1 Hydro II Hydro I i Tech. Admin. Equipment ODC / costs/ Subcontr. Mllea e 8 LINE TOTAL TASK TOTAL NO. TASK 4.0 Upper Floridan Aquifer Well Construction $52,217 Drill pilot hole to penetrate Floridan aquifer; geophysical logging pilot borehole (6 Days) 4 1 42 42 $332 $12,857.70 Caliper Log, Install and grout PVC well casing (7 Days) 6 57 57 $299 $17,386.02 Reverse air drill to total depth, water quality sampling, flow testing, geophysical logging pilot borehole (9 Days) 9 70 70 $332 $21,973.70 TOTAL HOURS 19 1 69 169 862 52217 LABOR ($/HOUR) 249 326 214 162 139 128 92 TOTALS 1 6232 23491 21632r $862.42 $52,217 $52,217 Hydrageologird 8vs E9 UFA 81 ConstrucllanTesting_24 hr rev2zisx 7/2912024 359 10A) INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Cindy Thurman, Senior Planner, Long Range Planning DATE: September 30, 2024 SUBJECT: Consideration of an Ordinance of Indian River County, Florida Amending the Zoning Ordinance, and the Accompanying Zoning Map for Approximately ±7.97 Acres from CG, General Commercial District to MED, Medical District (99070136-96957) [Quasi -Judicial] It is requested that the following information be given formal consideration by the Board of County Commissioners at its regular meeting on October 8, 2024. The Planning and Zoning Commission recommended approval of this item at the September 12, 2024, meeting. DESCRIPTION AND CONDITIONS The subject property consists of ±7.97 acres located east of Highway US 1, south of 41' Street in a residentially mixed-use area. The applicant requests to rezone the subject property from CG, General Commercial District to MED, Medical District. The purpose of this request is to secure the zoning necessary to develop the site with uses permitted in the medical zoning district. The requested MED zoning designation is consistent with the subject property's C/I, Commercial/Industrial land use designation. Existing Land Use Pattern This area of the county features a blend of commercial and warehouse properties, residential areas, and undeveloped commercially zoned land, all lying within the Urban Service Area. The subject property is undeveloped. To the north lies another parcel of undeveloped commercially zoned land (CL), with the Lucaya Pointe subdivision (RM -6) located just to the northeast, across 41st Street. Adjacent to the eastern boundary is an undeveloped parcel zoned for MED use. The southern boundary is bordered by a developed commercial warehouse planned development (PD), which has direct access to Highway US 1. To the west of the subject property is a vacant parcel zoned for general commercial (CG) use. 360 Zoning District Differences There are both similarities and distinctions between the existing CG district and the proposed MED district in terms of permitted uses. The purpose statements of these districts, as defined in the County's Land Development Regulations (LDRs), highlight the key differences: CG: General Commercial District. The CG, General Commercial district, is intended to provide areas for the development of general retail sales and selected service activities. This district is not intended for heavy commercial activities, such as industrial uses or heavy repair services. MED: Medical District. The MED, medical district, is intended to provide a variety of uses which support a major medical facility, and to protect such a major medical facility from encroachment by land uses which may have an adverse effect on the operation and potential expansion of the facility. Land uses that could cause an adverse effect would generally include those uses that are likely to be objectionable to neighboring properties because of noise, vibration, odors, smoke, amount of traffic generated, or other physical manifestations. Analysis The following analysis is per Chapter 902: Administrative Mechanisms, Section 902.12(3) which states that all proposed amendments shall be submitted to the Planning and Zoning Commission, which shall consider such proposals in accordance with items (a) through (k) of Section 902.12(3). Item A - Whether or not the proposed amendment is in conflict with any applicable portion of the land development regulations (LDRs). Staff cannot identify any conflicts with the proposed rezoning and any of the land development regulations. Item B - Whether or not the proposed amendment is consistent with all elements of the Indian River County Comprehensive Plan. The goals, objectives, and policies are the most important parts of the comprehensive plan. Policies are statements in the plan that identify the actions that the County will take in order to direct the community's development. As courses of action committed to by the County, policies provide the basis for all County land development decisions. While all comprehensive plan policies are important, some have more applicability than others in reviewing rezoning requests. Of particular applicability for this request are Future Land Use Element Policies 1. 17, 1.18, and 1.43. Future Land Use Element Policies 1.17 and 1.18 Future Land Use Element Policy 1.17 states that all commercial/industrial uses must be located within the County's Urban Service Area. Future Land Use Element Policy 1.18 states that the commercial/industrial land use designation allows uses, subject to applicable zoning district regulations, that include business and personal services, multiple family, retail, office, and storage/warehousing uses. 2 361 Since the subject property is located within the County's Urban Service Area and the requested MED district is intended for uses permitted within the commercial/industrial land use designation, the request is consistent with Future Land Use Element Policies 1.17 and 1.18. Future Land Use Element Policy 1.43 Future Land Use Element Policy 1.43 provides criteria that the Board of County Commissioners may use to determine whether or not a proposed zoning district is appropriate for a particular site. Below are the specific rezoning criteria from Policy 1.43, the MED zoning district, and staff determinations of how the criteria have been met in Table 1. Table 1 SUBJECT PROPERTY Proposed Medical MED Zoning District Review Criteria Meets Comments Criteria? 1. Within Commercial/Industrial Yes Within a designated node. Close proximity to nodes containing hospitals and Indian River Medical Center and 37th Street. major medical facilities 2. Separated from industrial Yes Surrounded by commercial uses or areas commercially designated property. Item C - Whether or not the proposed amendment is consistent with existing and proposed land uses. The proposed amendment for the subject property is designated C/I, Commercial/Industrial on the Future Land Use Map. Since MED zoning is allowed in the C/I designation, the proposed zoning district is consistent with the Future Land Use Map designation. Item D - Whether or not the proposed amendment is in compliance with the adopted county thoroughfare plan. The subject property's main access is from 41' Street. Classified as an urban collector on the County's future roadway thoroughfare plan map, 41 St Street is a two-lane road with approximately 100 feet of public road right-of-way. Highway US 1 is adjacent and is a major arterial roadway. No improvements to this road are currently programmed. Item E - Whether or not the proposed amendment would generate traffic which would decrease the service levels on roadways below the level adopted in the comprehensive plan. The proposed rezoning request's Traffic Impact Analysis (TIA) was reviewed and approved by Traffic Engineering Division staff. That analysis showed that all roadway segments within the area of influence would operate at an acceptable level of service with the most intense use of the property under the proposed zoning district. In fact, the proposed MED zoning district will result in a lower trip generation potential compared to the existing CG zoning designation. 3 362 Item F - Whether or not there have been changed conditions which would warrant an amendment. Economic conditions in the area have evolved, making it increasingly suitable for uses permitted within the MED district. This is particularly due to the existing MED zoning directly to the east of the subject property. Item G - Whether or not the proposed amendment would decrease the level of service established in the comprehensive plan for sanitary sewer, potable water, solid waste, drainage, and recreation. Based upon the analysis conducted by staff it has been determined that all concurrency -mandated facilities, including, stormwater management, solid waste, water, wastewater, and recreation have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. Per Indian River County LDRs, the applicant may be required to pay connection and other customary fees and comply with other routine administrative procedures. If approved, rezoning does not guarantee any vested rights to receive water and wastewater treatment service. As with all development, a more detailed concurrency review will be conducted during the development review process. As per section 910.07 of the County's LDRs, conditional concurrency review examines the available capacity of each facility with respect to a proposed project. Since rezoning requests are not development projects, County regulations call for the concurrency review to be based upon the most intense use of the subject property allowed within the requested zoning district. For commercial rezoning requests, the most intense use of a property varies with the zoning district. In the case of CG zoned property, the most intense use (according to County LDRs) is retail commercial with 10,000 square feet of gross floor area per acre. For the MED rezoning request, the most intense use is medical office with 10,000 square feet of gross floor area per acre. The site information used for the concurrency analysis is as follows: 1. Size of Area to be Rezoned: 2. Existing Zoning District: 3. Proposed Zoning District: 4. Most Intense Use of Subject Property Under Existing Zoning District: 5. Most Intense Use of Subject Property Under Proposed Zoning District: 4 ±7.97 acres CG, General Commercial District MED, Medical District 79,700 square feet of Retail Commercial 79,700 square feet of Medical Office 363 Item H - Whether or not the proposed amendment would result in significant adverse impacts on the natural environment. The subject property is currently vacant and densely vegetated. Prior to development, the site will be reviewed by County Environmental staff for tree preservation requirements and any other indicators that the property contains any land designated by the State of Florida or the U.S. Federal Government as environmentally sensitive or protected land, such as wetlands or sensitive uplands. Rezoning the site is anticipated to have no adverse impacts on environmental quality. When development is proposed for the subject site, a more detailed environmental analysis based on the site-specific development proposal will be conducted. Item I - Whether or not the proposed amendment would result in an orderly and logical development pattern, specifically identifying any negative effects on such pattern. The rezoning from CG to MED will facilitate a more orderly and logical development pattern in this area. By aligning the zoning with the existing and proposed land uses in the surrounding vicinity particularly the adjacent MED -zoned parcel and the nearby commercial and residential developments—the rezoning supports a cohesive land use strategy. This transition is in harmony with the broader urban design goals of the County, promoting a well -integrated mix of uses that support community health and wellness. Item J - Whether or not the proposed amendment would be in conflict with the public interest and is in harmony with the purpose and interest of the land development regulations. The rezoning request is in harmony with the public interest and the purpose and intent of the land development regulations. It aligns with the regulatory framework designed to protect the public interest, ensure compatible land uses, and promote orderly growth. No adverse effects on public welfare have been identified. Item K - Any other matters that may be deemed appropriate by the planning and zoning commission or the board of county commissioners in review and consideration of the proposed amendment, such as police protection, fire protection, and emergency medical services. Based upon the analysis conducted by staff, it has been determined that all concurrency -mandated facilities, including police protection, fire protection, and emergency medical services, have adequate capacity to accommodate the most intense use of the subject property under the proposed rezoning. CONCLUSION The proposed rezoning from CG to MED is consistent with the County's Comprehensive Plan and LDRs and is also strategically beneficial for the community. It supports the continued development of a vital medical hub, meets current and anticipated land use needs, and does so in a manner that is environmentally responsible and infrastructure compatible. The rezoning request thus represents a well -considered and necessary step in the County's planning process, warranting approval. 5 364 RECOMMENDATION Based on the analysis, staff and the Planning and Zoning Commission recommend that the Board of County Commissioners approve this request to rezone the subject property from CG to MED. ATTACHMENTS 1. Zoning Map 2. Future Land Use Map 3. Rezoning Application 4. Draft Ordinance 365 ATTACHMENT7]1 366 ATTACHMENT 3 APPLICATION FORM REZONING REQUEST (RZON) INDIAN RIVER COUNTY Each application must be complete when submitted and must include all required attachments. An incomplete application will not be processed and will be returned to the applicant. ;7y- 4_ Assi ed Proiect Number: RZON - Current Owner Applicant (Contract Agent Purchaser Name: Schwerin Realty Corp., Go warren Schwerin PAC Vero II Townhornes, LLC MBV Engineering, Inc. Complete Mailing Address: 756 Beachland Blvd, Vero Beach. f132963 730 Bonrie Brae street, winter Part, K 32759 1835 20th Street, Vero Beach, 0 32960 Phone #: (including area code 772-231-4343 407-628-3065 772-569-0035 Fax #: (including area 772-234-5213 code) E-Mail:Bbarkett@verdaw.com Contact Person: Bruce Barkett tic@paclanddevelopment_com Tom Cavanaugh rebeecag@mbveng.com Rebecca Grohall Signature of Owner or Aeat Prnndrn, Information Site Address: 1805 415t Street western half plus the unopened right of way [Abandonment being applied for separately by property owner} Site Tax Parcel I.D. #s: 32-39-26-00000-7000-00005.0 a western portion), Subdivision Name, Unit Number, Block and Lot Number (if applicable) Please see the attached survey Zoning District: CG Existing Land Use Desi ation: C -Existing Requested Zoning District: MED Total(gross) Acreage of Parcel: +/- 8.0 ac Acreage "net) to be Rezoned: +/" 8.0 ac Use on Site: Vacant -Existing Use on site: All uses allowed under MED -Proposed THE APPLICANT MUST ATTEND A PRE -APPLICATION CONFERENCE WITH LONG-RANGE PLANNING SECTION STAFF PRIOR TO APPLYING IN ORDER TO RESOLVE OR AVOID PROBLEMS CONNECTED WITH THE REZONING REQUEST. 368 Indian River County Future Land Use Map Amendment/Rezoning Authorization Form TO: Planning Division Indian River County 180127th Street Vero Beach, FL 32960 FROM: &AgeSCAIv ;PIA( RePCrY ®�fa (Property Owner) CftN QC,40 !/tom /3�4"E�v 3.Yy6 3 Property Tax I.D. #: ��,:Property Address: Ifos- ilevy 13excN The undersigned is hereby authorized to act as agent and/or make application to Indian River County for the above referenced property for the following applications (please mark the appropriate box): ❑ Future Land Use Amendment W Rezoning IvIAWACAI Owners Name (Print) Owners Signature STATE OF FLORIDA COUNTY OF INDIAN RIVER 5 i7 .z6 z �e. Date The foregoing instrument was acknowledged before me by means of 6) physical presence or 0 online notarization, this day of iii, 20? by Personally know 0 OR produced identification NOTARY PUBLIC: Sign: t�;llYi�Ytt�JfU�Le 369 1 f 14tlA�l4"LAM6 IM- vato bijkCIAt narMA-14R" MTMM.00Fjft.0r AEFFREY V_ sAnTosq CLAROCCHAOUIT.tojjwr Plown Fnmr. 00'. PLk, PARCEL ID No. 2.6-31-39"0000.9.-OOO-6-GO003..O OWMEMAkli, iIAMeg DEED$ S'vs:,� NOTE'S AmWy pta"W. -C-1 ERK WD" THIS INDENTURE made -this .day' .of o. by and between C. PAM xUliaNT; .AS %TMOV= OXF TIM r_ pj= KWXQUW 60M. A"No 4. Subject to easements, restrictions., -reservations and rights of way of. recokci, if any; and taxes afte3e VD!)S, and county water assessments assumed by the Ozantee.. the, Graritcx. warrants, covenants and represents to the Grantee tki6t the ab'16ve Oauruiibed. prbpert:i, or a.ny adj,aoent property- thereto., does :not constitute the th hdmeistitiad �of the Grarjtoj�a' under the Consi itui ion. or statutes of the. State of Florida. and that the Grantbr re -aide's at. 5740 1 3.tb S -treat SW., Ver&Beach'., Florldi. TOGETHER' with all -tenements, hea-red-itamebt-s and appur- te.nonces thereto: TAUSW DAV= 0/011990, wh6se-:malling, address Is 5740 13th 'Street 41.n anykrise appert.i3i-ning-_ o. TO HAVE. AND TO HOLD THE SAME I -M. FEE' SIMPLE SW,. W, Vie ro Beach, -F-L .329'68i as ORANTOR, and VUUU%Xff Xk� SqMMRIN, AND the said -Grantor whose mailing- address Is.- 5070. highway -AXA, #-2.01., Yero. -464i0h, 211, 3296:3 tT to said land, and will dLefetid, 'the sar6e atjainat' the lawful claims of %;a W&NSStETH that the Grantor, for and. i -n consideration of 4;he sutn. of Ten Dollars {$10,:00) add 90o'd and valuable �cv-thor considerations to Grantor in. hand pja.id by Grantee, , -the. rece.i.pt Ca 4A. whereof ls hereby ackhowledged.,, has granted,• bargained and soar!' to :the said Grantee- and Grantee's hd-irs and 'assigns forever., t.tye following described land, situate; lying and being In I.nc:kian River County,. Florida, to Wit. -Lots 3., 4,. 5-,� 6, 7, 8,.9, 10., .31, .121 1.3-0. 1'6,. -.17, 18, 19, 20, 21, 22,23, 24 and . 25, JACKSON BROTHERS S)jrBDjVISX-.ON, acqprdtfiq to the plat thereof on file ih' the office of the Clerk of: the Circuit Court of Indian- Ri.v6r Countv, F.1-6)Cj4da, recorded 1h Plat. Book 2, .0 -age 71, said la'nds- situate, lying and being I.n X-ndlan River, Couhty, Florida.. tSSS AND EXCEPT from the.-aforosaid -parceis thase portions cohve,yed i.n :Of f ici-ad . -Re-cotd Book 9.5, Page 24.6, and OfflCial Record Book, 100.2, Pa_ 5e 791, P'uba.:Lx-- records of 'Indian River i7aiin"Ey, Florida. Subject to easements, restrictions., -reservations and rights of way of. recokci, if any; and taxes afte3e VD!)S, and county water assessments assumed by the Ozantee.. the, Graritcx. warrants, covenants and represents to the Grantee tki6t the ab'16ve Oauruiibed. prbpert:i, or a.ny adj,aoent property- thereto., does :not constitute the th hdmeistitiad �of the Grarjtoj�a' under the Consi itui ion. or statutes of the. State of Florida. and that the Grantbr re -aide's at. 5740 1 3.tb S -treat SW., Ver&Beach'., Florldi. TOGETHER' with all -tenements, hea-red-itamebt-s and appur- te.nonces thereto: belonging ok 41.n anykrise appert.i3i-ning-_ -CO TO HAVE. AND TO HOLD THE SAME I -M. FEE' SIMPLE AND the said -Grantor does 'hdkeb'y f`dlly warrant the Citle tT to said land, and will dLefetid, 'the sar6e atjainat' the lawful claims of %;a All pOrsons' Whaqtsoeverr. 370 Nk tiWITIN' ss —tsmor., the. Grdntoi: has he–eunto S�tit ht-- hand and seal th's- day ana year first abcnie written. Sigped, *sealed and delive-red. in the presence of: AL priftHed -name: C. Re&Zl_ Kni4ht as ---s - ee As to ao�th d -f the C. �2 Reed Knig'h.t Tr4st is dated /,22*/"l,9§'0- l � Printed name: STATE OF' PLORIbA COUNTY OF INDIAN RIVER. The arego3 ng iih-ttrument. was acknqwledgeo before 4he this: ;kk day of' 19-95, by C`.r geed knight as Trustee. of the TrustC. Reed -Might Trst Dated G./2211990, who Is pie.raonajl;y �=G.wh .to Ins T_ and who did not. take an. oath. Prin'ted. name: N.bta-it�,-y Public'� (NOTARY SEAL) State of My commission. e�cpire3: This instrument pxpipared by: Barrell Pennell,� of Go4ld, Cooksey, say, 'Fennell, O'Neill, Marine & Carter, P.A. 979 3each_ia'n'd:lBl--vd-. Vero. Beach, Flot1da-37-9-63 A p?%&%.LA PH.01'.1-17r. y e0m, t A' STATE Of. FLORIDA -COUNTY sOF INDIAN RIVER: I. HEREBY CERTIFY `that on- this day be 'fore- me, .an offi;ce_r duly au-thorized to .ta•ke acknowla.dgmen'ts, personally appeazeci C. 'REED KNIGHT.; Who is per-sonal.ly knows, to me ed as . and who; after benq duly sworn, .depose and say: 1. That her- is the Trustee of the, C. Reed Knight Trust dated 6/22/1990. (the Trust) . 2. That the TrList owns real property. located S..n Indian River County, t=loridm, described as follows., Lots 3, 4., 5-,.6, 7., 8, 9, 10.: 11, 12, 13, 16, 17., 18.,, 1.9, 20, 21, 22, 2:3, .24 and 25, JACKSQN E5ROT.HERs SOBDIVISION'. according to the .plat thereof on file Ln the o.'ffine of t:he. Clark of- tiler Circuit_ Court of Indian River County; .Florida, recorded in PlatBook 2. Page 71,. .seid .land"s situate., lying and. being in. rhdian -Enver County.., Fior.ida. LESS ANP EXCEPT from the aforesald•pargelz those portions conveyed in 0fficiatl Record Book, 95, Page. 246, acid affici:a'i Record Book .1002., Page 79.7, public records of in.dian River County, Florida-. 3. That th.e. Trustee- :flab full power and autharit.y .to Convey .said .real property.. There. are no:.provisions. or restrictions In the Trust. mhich would. be .donrr-ary to or otherwise rest.rict- -the power of the. Trustee to convey said.fead property. 4. That, said Trisst has not ,b&en tetmi.nat'ed and is- na,'r -and has been .i`n f.ull force and effect during :the period of ownership of said real prcpie.rty. 5. Thai -the property is not homest:ead� property. J _ _ 4 t SEAL..-) 'C. ltekd Kni.cjht7,," Sworn to and subscribed before• me this day of Notaay' Public -'state of .Florida. My commission expires: Thfs inst:riiment prepared by - .Darrell Fennell, Esq. Gould, Cooksey, Fenn. I i, I'' VA. sA�il.tA rxr)) 011jeiil.,: Marine & Ca'rte•r., P.P..., ec.svcs;t 9'79 Beachland Blvd. i+AfMO►un Iy Par, {.q.�.a bi�.4 Co Vero Beach, FlL 32963. ._._,...... .,372. a C-.. 3639 PG,: 1602, 7-12812023,155 PM D* DOCTAX PD. S359A00 Doe. SMWI' TOW, 31 4a% 'Phis DodUM.eat.'PMIWeO.'biMd-RMft-w. � Brucc-Sarkeft,laq. Collins Brown Barkett, Chartered 756 Beachlind-BIV& Vero ScarA Roridi 32963 Mxm7721331-439 - P;reW No.:'32-39m2"Wq-4Qmllom WARRANTY :DEED THIS Thdeamm-, made. this "WIP- day of 2023 A.D., between Clifford Colle q, a married man,,, -whose mails addess is: 159120 S.W. 1026dAvenue, Miami; Florida 33157,- GRANTOR, and Warren L; Schwerin°, &-niarried Man, -whose mauling address is .667 Ocean Road, Vero BeAch,.Flarida 32963, GRANTEE. WMIESSETH'that ihe,*GRANTOP, for and- n: considekation of ihe sum of TEN AND N01100 DOLLARS ($7 0.00,), and.other good and Valuable dousidahatidn- to GRANT -OR in -hand paid by GRANTEE, -the'r6ceipt Whereof is hereby acknowledged, hasgranted, bargained and sold to the Wd GRANTEE and GPANTEE's beirg-C su cessors and assigns the f6l!owing described land, situate, lying and.being in the County. of INDIA.NRIVER, St;ate.of desc ri FLORWA,to,w.it: (Whe e used hate v the twin, GmMw.md0WiWe shill be cadilrued wi s.wW*ici plural sa'die Lots 2 and 26, Jackson Brothers Subdivision, according to the map or plat thereof as recorded. ha Plat Boole; 2,,Page 71, Public. Records: of Xnaian River CoutIV, Florida, less and except the following: The North, 25 feet of Loi 29 said parcel lying South. of and.contiguous to the South :right. of way lint- of 41s1 a,25 foot. right of way, .all as- plat" on, said Plat Of said lic.Ason'Br6theit Subdivision. SUBJECT. TO.'All covenants, conditions, restrictions, easements, reservations and lintititions -of record; --if any, and taxes subs.0quetit io petembei. 31, 2022.. GRANTOR KANTOR warrants.that st-the flinvofthis conveyance, the subject prop" is not -the -Grantor's koriseiteid northe hoth'Astiad Of - any 'lMineate faffi[19"Inelnber, Within the.m.e *0 ing set fd.rth'in the constitutiolk:of the State offlorida, nor to orpart-otharnestend property, and the GRANTOR- does lierieby.fully warradit.thotitle to said,land, and.will-defto4tl.ws.me,.against law.ful.claims of all persons W-homsoever. (Page I of 2) 373-- Page 2 of Warranty Deed Parcel No.: 3"9-2"0009-0000-00002/0 IN WITNESS WHEREOF, the GRANTOR has hereunto'set their hand..and seal the.dq and year. firstabove.-Wfitt6tv. Sigheo. ' sealed And delivered in thepresence of: A. wimeases lc> Clifford Collty -NOTARY ACKNOWLEDGMENT STATE. OF: COUNTY 4-11- OF The:foregoinginstrument was acknowledged. before m6by means of [I physical presence ot'-monline notarization, this. D-041day Of 2023. by Clifford Colley, who Ware o personally khb,'wn to me'or idenfificatio'n. rOMMIWON (NoWy:S" who have oDj"duced -at L 4L Name 't -i CIO Notary Public My. Commission Expires: My Commission No.t 374 N 14dix e: i m vara 1 $ tE$ J F a ! 1 £ 1 - r pt2 bi,�db pp i SQ� 3 6 tl 3 Y S I 1i . 1 A 1 _ cWi a i p IS r � to Lam. Si O 4 y G• r 6 z Li S ■ FgR ep .g y -gip @@ E . y3, q Qg'• k! ! RY - ------J----�------- o 3: iL . o a � Y•z� �' ss! `s s�� #�686 �° gi '��G3g` 5 i i i ' .. t.. 11 ppii �' 1 QQ ¢y a !RR a 1 a: � r SkS 3 �� a¢d xS sYEYS� S, li 375 it LocaliQ Florida GANNETT AFFIDAVIT OF PUBLICATION Kathy Charest Kathy Charest Indian River County Planning 1801 27 Th Street Vero Beach FL 32960 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Journai/St Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Classified Legal CLEGL, was published on the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print in the issues of, on: 08/28/2024 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 08/28/2024 My commission expires Publication Cost: $472.40 Tax Amount: $0.00 Payment Cost: $472.40 Order No: 10494211 # of Copies: Customer No: 1125971 1 PO #: THIS IS NOT AN :INVOICE! Please do not use this form• for payment remittance. rKAITLYN FELTY Notary Public State of Wisconsin PO Box 631244 Cincinnati, OH 45263-1244 Page 1 of 2 376 BEFORE THE PLANNING AND ZONING COMMISSION INDIAN RIVER COUNTY NOTICE OF REZONING - PUBLIC HEARING The Planning and 'Zoning Commission of Indian ! . River County, Florida, will consider recommending the adoption of a County ordinance rezoning land within the unincorporated portion of Indian River County. A public hearing at which parties in interest and citizens shall have an opportunity to be heard, will be held on Thursday, September 12 at 6:00 p.m. in the County Commission - Chambers of the County Administration Building, Building A, located at 1801 27th Street, Vero Beach, Florida. The proposed ordinance to rezone the subject property is entitled: AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±8,0 ACRES LOCATED SOUTH OF 41ST STREET LYING APPROXIMATELY 200 FEET EAST OF THE HIGHWAY US 1 AND 41ST STREET INTERSECTION, FROM CG, GENERAL COMMERCIAL DISTRICT, TO MED, MEDICAL DISTRICT, AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. The rezoning application may be inspected by the public at the Community Development Department of the County Administration Building A, located at 18011 27th Street, Vero Beach, Florida, between the hours of 8:30 a.m. and 5:00 p.m. on weekdays. For more information, contact Cindy Thurman at (772) 226-1243. The Planning and Zoning Commission may recommend another zoning district, other than the district requested, provided that the recommended zoning district is consistent with the county's comprehensive plan. I Anyone who may wish to appeal any decision that may be made at this meeting will need to ensure that a verbatim i record of the proceedings is made, which includes the testimony and evidence upon which the appeal is based. Anyone who needs a special accommodation for this meeting must contact the County's Americans with Disabilities Act Coordinator at (772) 226-1223, at least 48 hours in advance of the meeting. Indian River County Planning and Zoning Commission By: -s- Dr. Jonathan F. Day, Chairman w 377. ATTACHMENT 4 ORDINANCE NO. 2024 - AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE ZONING ORDINANCE AND THE ACCOMPANYING ZONING MAP FOR APPROXIMATELY ±8.0 ACRES LOCATED SOUTH OF 41 ST STREET LYING APPROXIMATELY 200 FEET EAST OF THE HIGHWAY US 1 AND 41sT STREET INTERSECTION, FROM CG, GENERAL COMMERCIAL DISTRICT, TO MED, MEDICAL DISTRICT; AND PROVIDING CODIFICATION, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission, sitting as the local planning agency on such matters, held a public hearing and subsequently made a recommendation regarding this rezoning request; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property; and WHEREAS, the Board of County Commissioners held a public hearing pursuant to this rezoning request, at which parties in interest and citizens were heard; and WHEREAS, the Board of County Commissioners determined that this rezoning is in conformance with the Comprehensive Plan of Indian River County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the zoning of the following described property situated in Indian River County, Florida, to -wit: PARCEL 1: THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING EAST OF U.S. HIGHWAY NO. 1; SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. LESS AND EXCEPT THE FOLLOWING: A PORTION OF JACKSON BROTHERS SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 71, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS: THE WEST 205.00 FEET OF THE WEST 230.00 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST LYING EAST OF U.S. HIGHWAY NO.I 378 ATTACHMENT 4 ORDINANCE NO. 2024 - THE EAST 563.53 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST. ADDITIONAL ROAD RIGHT OF WAY FOR 41 ST STREET, AS RECORDED IN OFFICIAL RECORDS BOOK 1002, PAGE 797; OFFICIAL RECORDS BOOK 1002, PAGE 816 AND OFFICIAL RECORDS BOOK 1002, PAGE 1981, ALL OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY FLORIDA. PARCEL 2: A 25 FOOT WIDE STRIP OF UNIMPROVED ROAD RIGHT-OF-WAY LYING AND BEING IN JACKSON BROTHERS SUBDIVISION, AS RECORDED IN PLAT BOOK 2, PAGE 71, OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS: THE EAST 25 FEET OF THE WEST 230.00 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, LYING EAST OF U.S. HIGHWAY NO. 1 THE EAST 563.53 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, SAID LANDS LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. is changed from CG, General Commercial District to MED, Medical District. All with the meaning and intent and as set forth and described in said Land Development Regulations. This ordinance shall become effective upon filing with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida, on this 10th day of October, 2024. This ordinance was advertised in the Press -Journal on the 22nd day of September 2024, for a public hearing to be held on the 10th day of October, 2024 at which time it was moved for adoption by Commissioner seconded by Commissioner and adopted by the following vote: Susan Adams, Chairman Joseph H. Earman, Vice Chairman Joseph E. Flescher, Commissioner Deryl Loar, Commissioner Laura Moss, Commissioner 379 ATTACHMENT 4 ORDINANCE NO. 2024 - BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY IM Susan Adams, Chairman ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller BY Deputy Clerk: This ordinance was filed with the Department of State on the following date: APPROVED AS TO FORM AND LEGAL SUFFICIENCY Jennifer W. Shuler, County Attorney APPROVED AS TO PLANNING MATTERS , Planning & Development Services Director 380 �Q Request to Speak at BCC Meeting Print { Submitted by: Robert Wooten Submitted On: 2024-09-19 22:02:34 Submission IP: (129.222.118.198) proxy IP (raw -IP) Status: Open Priority: Normal Assigned To: Tina Cournoyer Due Date: Open Request to Speak at a Board of County Commission Meeting Any organization or individual wishing to address the Board of County Commission shall complete this form and submit it to the Indian River County Administrator's Office. PUBLIC DISCUSSION INFORMATION • Indian River County Code Section 102.04(10)(b): as a general rule, public discussion items should be limited to matters on which the commission may take action • Indian River County Code Section 102.11(3): limit remarks to three minutes unless additional time is granted by the commission * First Name * Last Name Robert Wooten - I * Street Address i 10425 134th CT i * City *State *ZIIp Fellsmere Fl. 32948 j Organization (If appllic"): j: * Email Phone sirboats@aol.com 7722770302 j Subject Matter for Discussion Metal detectors and planned lawful concealed carry harassment at the Firefighters County Fair. i * Is a digital presentation planned? Requested Meeting Date 0 Yes E) No 09/24/2024 Format MM/DD/YYYY :. . . i * What resolution are you requesting of the commission? i A resolution that confirms that lawful concealed carry will not be infringed on county owned property. 381 * Are public funds or activities required? O Yes E) No What funds or activities are required to meet this request? History Nome - a r 0 8% _Ix l �I w -, 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 8465 59th Ave Address: Federal and State Funding Subject matter for discussion: Phone: 501-4753 Is a digital / electronic presentation planned? F-1 YES Fv I NO What resolution are you requesting of the Commission? Board to draft a resolution regarding federal and state funding Are public funds or activities required? ❑ YES F-1 NO What funds or activities are required to meet this request? Please submit your request to speak in one of the following ways: • E-mail - Download, fill in, save, and e-mail form to: tcournoyer(a),indianriver.gov • Fax - Download, fill in, print, and fax to: 772-226-1819 • In person - Download, fill in, print, and deliver to: Indian River County Administrator's Office - County Administration Building A (South) 1801 27th Street Vero Beach, FL. 32960 • Mail - Download, fill in, print, and mail to: Indian River County Administrator's Office - 1801 27th Street Vero Beach, FL. 32960 For IRC Staff only below this line: Transmitted to Administrator Via: E -Mail F -I Phone Fax Fj Mail Hand Delivered Meeting Date: 9/24/24 U -IN Jennifer W. Shuler County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney 0A Attorney Matters - B.C.C. 10/08/2024 Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Christopher A. Hicks, Assistant County Attorney DATE: September 20, 2024 ATTORNEY SUBJECT: Resolution For Special Assessment Providing for The Replacement of Culverts for Waters Edge Phase II Subdivision BACKGROUND. Pursuant to Chapter 206 (Special Assessments) of the Indian River Code of Ordinances (the "Code"), Indian River County has the authority to make a special assessment upon a property that is benefited by improvements made by the County, including drainage repair. In October of 2006, Waters Edge Plat Two (Waters Edge Phase II) subdivision executed a deed giving the County ownership of the roads and road easements located within the subdivision, thus making the County responsible for maintenance and repair of the roadways. However, this did not include the drainage infrastructure for the subdivision including the culverts allowing passage of the Indian River Farms Water Control District Sub -Lateral B-5 Canal on 1St Street SW. The culvert pipes for both entries into the subdivision are failing and in need of replacement. On June 18, 2024 the Board of County Commissioners approved a contract with Timothy Rose Contracting, Inc. to construct replacement culverts for a total price of $1,366,739.45. The County and Waters Edge Phase H Homeowner's association reached an agreement for the sharing of the replacement costs. The County has agreed to cover the majority of the project with the County's portion being $828,764.95 (includes a force account for contingencies in the amount of $100,000.00), with the residents responsible for the remaining $537,974.50 (includes a force account for contingencies in the amount of $80,000.00). The County and Waters Edge Phase II HOA have negotiated a special assessment allowing the property owners to pay their apportioned balance of $6255.52 per each lot over 15 years at a rate of $417.04 per year. If this resolution is passed, a second resolution will be put forth in compliance with Chapter 206.04-7 of the Code. At that time the Board of County Commissioners shall meet as an equalizing board to equalize the Special Assessment pursuant to 206.07 of the Code. At the completion of the project, a third hearing will be held to readjust the totals owed based upon unused reserves. FUNDING. Funding in the amount of $1,367,000.00 is budgeted and available in the following account: 384 Account Description Account Number Amount Optional Sales Tax/Road & 31521441-066510-21017 $1,367,000.00 Bridge/Construction In Progress/1st Street SW & 35' Avenue Culvert Reimbursement for the resident's share of $537,974.50 will be received over the next 15 years and deposited into the Optional Sales Tax Fund. RECOMMENDATION. County staff recommends that the Board approve the draft Resolution authorizing the Special Assessment to cover the costs of the Waters Edge Plat Two (Waters Edge Phase II) Culvert Replacement and requiring compliance with the procedures outlined in Chapter 206 of the Code. ATTACHMENT. Draft Resolution Special Assessment Plat C:IGra k—ILeg&ta,SV.SIhmplJffl9b99- if-40be-9IJ7-M94HO1b647.A- 385 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR WATERS EDGE CULVERT REPLACEMENT FOR WATERS EDGE PLAT TWO SUBDIVISION (WATERS EDGE PHASE II) IN INDIAN RIVER COUNTY, FLORIDA; PROVIDING THE TOTAL ESTIMATED COST, METHOD OF PAYMENT OF ASSESSMENTS, NUMBER OF ANNUAL INSTALLMENTS, AND DESCRIPTION OF THE AREA TO BE SERVED. WHEREAS, the Board of County Commissioners of Indian River County has determined that the improvements herein described are necessary to promote the public welfare of the county and has determined to defray the cost thereof by special assessments against certain specially benefited properties to be serviced by a culvert replacement to Waters Edge Plat Two in Indian River County, Florida, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. The County does hereby determine that two culverts need replacement in the Waters Edge Plat Two Subdivision (Plat Book 16, Page 67) in Indian River County, Florida, to specially benefit 86 lots located there ("Improvements"), and that part of the cost thereof shall be specially assessed in accordance with the provisions of Sections 206.01 through 206.09 of The Code of Indian River County. 2. The estimated cost for the entirety of the Improvements is $1,366,739.45. The County has agreed to be responsible for $828,764.95 of the total costs. Waters Edge Plat Two Subdivsion's (Waters Edge Phase II) responsibility for Improvements is $537,974.50 or $6255.52 per lot to be paid by the properties specially benefited as shown on the assessment plat on file with the Indian River County Public Works Department. Assessments are to be levied against all lots and lands adjoining and contiguous or bounding and abutting upon the Improvements and specially benefited thereby and further designated by the assessment plat with respect to the special assessments. 3. A special assessment in the amount of $6255.52 per lot shall be assessed against each of the specially benefited properties designated on the assessment plat area on file with the Clerk of the County. This special assessment may be raised or lowered by action of the Board of County Commissioners after the public hearing, at the same meeting, as required by the referenced County Code. 4. The special assessments shall be due and payable and may be paid in full, in equal yearly installments of $417.04 for a period of 15 years, if not paid sooner. 386 RESOLUTION NO. 2024 - 5. There is presently on file with the Indian River County Public Works Department an assessment plat showing the area to be assessed, plans and specifications for the Improvements and an estimate of the cost of the proposed Improvements. All of these are open to inspection by the public at the Indian River County Public Works Department. 6. An assessment roll with respect to the special assessments shall promptly be prepared in connection with the special assessments. 7. Upon the adoption of this resolution, the Indian River County Public Works Department shall cause this resolution (along with a map showing the areas to be served) to be published at least one time in the Vero Beach Press Journal before the public hearing as required by County Code Section 206.04. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joe Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this day of September, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By Susan Adams, Chairman BCC approved: ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller Zj Deputy Clerk Approved as to form and legal sufficiency: By: Christopher A. Hicks Assistant County Attorney 387 i i I V I I I /Waters Edge Plat One I I I \ -- Indian River Farms Water Control District "Co ouch Ditch" SOM14'13"W - 1175.45' Fi o s o s s s o 0 0 o s -36tlf Eom t S.VV. r, 3 0 — N O ,00'OLY - MSI I,£IAOS I *ON 3:)eJy S ;uawaseuew ja;eM uuo4S o g I J o 0 0 l s s I 1 J I o I uolslnlP9n5 Pje,(I u!n a4.L 0 C a Fd" z 0 oLd w gz a¢ w0 OZ w� LA g Fa ¢z �z i LALA 1 g IL t'1 0 Z Z W Z W W Z MZ W O � 3 Storm Water Management 9 I 0 _ Tract No. 2 I S S 6 � I S `g ,00'OLY - 3,11,£lAON C M �- O ~3 od OIs j g G A n L _ q W a b0 I W g I 3~ - 0 z12 : n - I s III I E O 6 r, 3 0 — N O ,00'OLY - MSI I,£IAOS I *ON 3:)eJy S ;uawaseuew ja;eM uuo4S o g I J o 0 0 l s s I 1 J I o I uolslnlP9n5 Pje,(I u!n a4.L 0 C a Fd" z 0 oLd w gz a¢ w0 OZ w� LA g Fa ¢z �z i LALA 1 g IL t'1 0 Z Z W Z W W Z MZ W O October 8, 2024 ITEM 14.A.1 INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: October 1, 2024 SUBJECT: Proposed Proclamation Policy Proposal FROM: Susan Adams Commissioner, District 1 I would like to discuss revamping our Proclamation Policy and possibly creating a Certificate of Recognition to help achieve recognition goals with a bit more flexibility than a proclamation affords. I would also like to discuss the process for submission of proclamations to help streamline the process and better manage requests for recognition. Attachment Indian River County Proclamation Policy The intent and purpose of this Policy is to provide uniformity throughout the process, and to make written guidelines available to interested parties. The primary reasons for issuance of a Proclamation include: (i) formal recognition in support of a particular event, program, or cause, (ii) the recognition and celebration of extraordinary achievements that directly impact the County, and (iii) the honoring or recognition of important and significant occasions that enrich society and increase public awareness of issues that will help to improve the health, safety, and welfare of the citizens of Indian River County. All Proclamations are issued at the discretion of the Chairman of the Board of County Commission. Guidelines A. Requests can be mailed, faxed, emailed or hand -delivered. 1. email to recognition(&-indianriver.gov 2. fax to 772-770-5334 (Please confirm receipt at 772-226-1490) 3. mail to Board of County Commission Office, 1801 27th Street, Vero Beach, FL 32960-3388 (Please confirm receipt at 772-226-1490) 4. deliver to Board of County Commission Office at 1801 27th Street, Building A, 2nd Floor, Executive Offices Wing B. Requests should include the following information: 1. Contact Persons Name, Phone Number, Address, and E -Mail Address 2. Name(s) and Title (s) of person(s) who will be accepting the Proclamation C. If there is a sample proclamation available for an event, or if a similar proclamation has been issued by another entity, please provide us with a sample, or provide information or proposed language to assist in preparation of the proclamation. D. Please let us know if the Proclamation is requested for presentation at a Board meeting, mailed to an outside party, or presented at an outside special event. 1. If to be presented, please provide requested date of Presentation 2. As a reminder, Agendas are finalized for production a week in advance of the Board of County Commission Meeting. In addition, you will need to allow for preparation time and time to obtain Commissioners signatures. We recommend you submit your request three weeks in advance of the proposed date of presentation. E. Feel free to contact the Board Office for information at 772-226-1490. PROCLAMATION REQUEST FORM Contact Persons Name: Contact Persons Phone Number: Contact Persons Address: Contact Persons E -Mail Address: Requested Date of Presentation: Name of Organization or Event: Name(s) of Person(s) Accepting Proclamation Please allow time for preparation, and to obtain Commissioners signatures on the Proclamation. We recommend you submit your request three weeks in advance of the proposed date of presentation. (Review Guideline D.2) Please Include the Following: Sample Proclamation, or Proposed Language for Proclamation, or Information to assist in preparation of Proclamation Proclamation Policy The intent and purpose of this Policy is to provide uniformity throughout the process, and to make written guidelines available to interested parties. The Indian River County Board of County Commissioners (BOCC) welcomes the opportunity to recognize exceptional events within Indian River County. Proclamations and Certificates of Recognition are ceremonial documents issued by the BOCC to honor and celebrate events, recognize achievements, or increase public awareness of noteworthy causes, events, milestones, or achievements and are approved on a case -by case basis. Proclamations must be specific to Indian River County. Individuals requesting proclamations must be clearly associated with the entity, person or subject matter being honored. Proclamations and presentations must be of significance, interest or relevance to Indian River County residents, businesses, initiatives or programs. General: Typically, the BOCC considers no more than three (3) proclamations per meeting. The number of issued proclamations considered will be at the discretion of the BOCC Chair. Proclamations may be issued for a day(s), week(s) or month. An organization does not have exclusive rights to the day, week or month of the requested proclamation. Proclamations for individuals or businesses will not be accepted. Individual accomplishments of local significance are more appropriately recognized with a Certificate of Recognition or congratulatory letter signed by the BOCC Chair. These certificates or letters are not legally binding, nor do they constitute an endorsement by the County or BOCC. All Proclamations are issued at the discretion of the Chairman of the Board of County Commission. Indian River County Board of County Commission reserves the right to modify or deny any request and to make exceptions to these guidelines. Proclamations may be presented during the BOCC meeting for which it's been approved, may be mailed to the requestor or may be presented at an event relating to the proclamation announcement by one of the Commissioners. Proclamations may not be read in full at the BOCC meeting. One (1) copy of the proclamation will be issued to the requesting organization, unless otherwise approved by the BOCC Chair. Proclamation and Certificate of Recognition Request Requirements: Requests should be submitted to the BOCC a minimum of 30 days before and no more than 6 months in advance of the proclamation date. Please allow 7 business days for the request to be reviewed; notification will be sent to the email address provided on your request. Requests can be mailed, faxed, emailed or hand -delivered. • email to recognition@indianriver.gov • fax to 772-226-1451 (Please confirm receipt at 772-226-1490) mail to Board of County Commission Office, 1801 27th Street, Vero Beach, FL 32960-3388 (Please confirm receipt at 772-226-1490) 4. deliver to Board of County Commission Office at 1801 27th Street, Building A, 2nd Floor, Executive Offices Wing B. Requests should include the following information: • Contact Persons Name, Phone Number, Address, and E -Mail Address • Name(s) and Title (s) of person(s) who will be accepting the Proclamation • Name(s) and Title (s) and mailing address of person(s) who will be accepting the Certificate of Recognition • If the request is to the have Proclamation or Certificate of Recognition presented at an event please indicate the date, time and location of such Requests should include a sample proclamation, or a similar proclamation issued by another entity. It is not the responsibility of the BOCC to research and provide content for requested proclamations. The BOCC reserves the right to edit or change language provided. Please let us know if the Proclamation is requested for presentation at a Board meeting, mailed to an outside party, or presented at an outside special event. If the proclamation is to be presented, please provide requested date of Presentation Proclamations can be issued for: • Matters of public awareness about an issue, particular event, program, or cause for a community organization • Important and significant occasions that enrich society and increase public awareness of issues that will help to improve the health, safety, and welfare of the citizens of Indian River Count • Cultural or historical occasions • A commemoration of a specific accomplishment, time, period or event that impacts a large number of Indian River County residents 0 An Indian River County resident celebrating a centennial (100th) birthday • An Indian River County employee retiring with 25 or more years of service Proclamations will NOT be issued for: • Events or organizations with no direct relationship to Indian River County • Campaigns or events contrary to Indian River County policy or the wellbeing of its citizens • Anything that may suggest an official county position on a matter under consideration • Individual recognitions or milestones, with the exceptions of centennial birthdays A Certificate of Recognition or congratulatory letter may be issued for the following: • Acts of heroism • Special honors • Recognition and celebration of extraordinary achievements that directly impact the County • Charitable fundraising campaigns • Indian River County employee retirements less than 25 years of service • Constitutional Office employee retirements of any tenure Requests for Proclamations or Certificates of Recognition that are similar to those that have already been issued during the same calendar year may be declined. Requests for Proclamations or Certificates of Recognition may be declined if such request would result in the issuance or adoption by the Board of more than one Proclamation or Certificate of Recognition per calendar year for the same individual or organization, or for the same event, occasion, program, or cause. Proclamations and Certificates of Recognition for an annually occurring event, occasion, program, or cause shall not be automatically issued or adopted each year. Requests for such Proclamations and Certificates of Recognition will be required each year and will be reviewed on a case-by-case basis. No Proclamation or Certificate of Recognition shall be used by the recipient as part of an advertisement or commercial promotion. • Proclamation Policy (Proposed) The intent and purpose of this Policy is to provide uniformity throughout the process, and to make written guidelines available to interested parties. The Indian River County Board of County Commissioners (BOCC) welcomes the opportunity to recognize exceptional events within Indian River County. Proclamations and Certificates of Recognition are ceremonial documents issued by the BOCC to honor and celebrate events, recognize achievements, or increase public awareness of noteworthy causes, events, milestones, or achievements and are approved on a case -by case basis. Proclamations must be specific to Indian River County. Individuals requesting proclamations must be clearly associated with the entity, person or subject matter being honored. Proclamations and presentations must be of significance, interest or relevance to Indian River County residents, businesses, initiatives or programs. General: Typically, the BOCC considers no more than three (3) proclamations per meeting. The number of issued proclamations considered will be at the discretion of the BOCC Chair. • Proclamations may be issued for a day(s), week(s) or month. An organization does not have exclusive rights to the day, week or month of the requested proclamation. • Proclamations for individuals or businesses will not be accepted. Individual accomplishments of Local significance are more appropriately recognized with a Certificate of Recognition or congratulatory letter signed by the BOCC Chair. These certificates or letters are not legally binding, nor do they constitute an endorsement by the County or BOCC. All Proclamations are issued at the discretion of the Chairman of the Board of County Commission. Indian River County Board of County Commission reserves the right to modify or deny any request and to make exceptions to these guidelines. Proclamations may be presented during the BOCC meeting for which it's been approved, may be mailed to the requestor or may be presented at an event relating to the proclamation announcement by one of the Commissioners. Proclamations may not be read in full at the BOCC meeting. One (1) copy of the proclamation will be issued to the requesting organization, unless otherwise approved by the BOCC Chair. 392 Proclamation and Certificate of Recognition Request Requirements: • Requests should be submitted to the BOCC a minimum of 30 days before and no more than 6 months in advance of the proclamation date. Please allow 7 business days for the request to be reviewed; notification will be sent to the email address provided on your request. Requests can be mailed, faxed, emailed or hand -delivered. • email to recognition@indianriver.gov • fax to 772-226-1451 (Please confirm receipt at 772-226-1490) • mail to Board of County Commission Office, 1801 27th Street, Vero Beach, FL 32960-3388 (Please confirm receipt at 772-226-1490) 4. deliver to Board of County Commission Office at 1801 27th Street, Building A, 2nd Floor, Executive Offices Wing B. Requests should include the following information: • Contact Persons Name, Phone Number, Address, and E -Mail Address • Name(s) and Title (s) of person(s) who will be accepting the Proclamation • Name(s) and Title (s) and mailing address of person(s) who will be accepting the Certificate of Recognition • If the request is to the have Proclamation or Certificate of Recognition presented at • an event please indicate the date, time and location of such Requests should include a sample proclamation, or a similar proclamation issued by another entity. It is not the responsibility of the BOCC to research and provide content for requested proclamations. The BOCC reserves the right to edit or change language provided. Please let us know if the Proclamation is requested for presentation at a Board meeting, mailed to an outside party, or presented at an outside special event. If the proclamation is to be presented, please provide requested date of Presentation Proclamations can be issued for: • Matters of public awareness about an issue, particular event, program, or cause for a community organization • Important and significant occasions that enrich society and increase public awareness of issues that will help to improve the health, safety, and welfare of the citizens of Indian River Count • Cultural or historical occasions • A commemoration of a specific accomplishment, time, period or event that impacts a large number of Indian River County residents i• An Indian River County resident celebrating a centennial (100th) birthday 393 Ll • An Indian River County employee retiring with 25 or more years of service Proclamations will NOT be issued for: • Events or organizations with no direct relationship to Indian River County • Campaigns or events contrary to Indian River County policy or the wellbeing of its citizens • Anything that may suggest an official county position on a matter under consideration • Individual recognitions or milestones, with the exceptions of centennial birthdays A Certificate of Recognition or congratulatory letter may be issued for the following: • Acts of heroism • Special honors • Recognition and celebration of extraordinary achievements that directly impact the County • Charitable fundraising campaigns • Indian River County employee retirements less than 25 years of service • Constitutional Office employee retirements of any tenure Requests for Proclamations or Certificates of Recognition that are similar to those that have already been issued during the same calendar year may be declined. Requests for Proclamations or Certificates of Recognition may be declined if such request would result in the issuance or adoption by the Board of more than one Proclamation or Certificate of Recognition per calendar year for the same individual or organization, or for the same event, occasion, program, or cause. Proclamations and Certificates of Recognition for an annually occurring event, occasion, program, or cause shall not be automatically issued or adopted each year. Requests for such Proclamations and Certificates of Recognition will be required each year and will be reviewed on a case-by-case basis. No Proclamation or Certificate of Recognition shall be used by the recipient as part of an advertisement or commercial promotion. 394