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11/05/2024
�ioRry 13 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, NOVEMBER 5, 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 Reverend Ardra Rigby, New Bethel AME Church 3. PLEDGE OF ALLEGIANCE Jennifer Shuler, County Attorney 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS 5.A. Presentation of Proclamation Dedicating November 17th -23rd As National Apprenticeship Week Attachments: Proclamation 6. APPROVAL OF MINUTES 6.A. Regular Meeting Minutes of August 20, 2024 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION November 5, 2024 Page 1 of 7 7.A. 4th Quarter FY 2023/2024 Budget Report Attachments: Staff Report 4th Quarter Budget Report 7.B. Residential Paper Shredding Event on November 16, 2024 Attachments: Staff Report Contract MOU with Waste Management, Inc. of Florida 7.C. SWDD Closures and Collection Service Changes for Thanksgiving Attachments: Staff Report Thanksgiving Day garbage pick up 2024 7.D. Operation Green Light Attachments: Operation Green Light Overview 2024 7.E. Children's Services Advisory Committee - District 1 Appointee Seat Attachments: Commissioners Memo Resume 8. CONSENT AGENDA 8.A. Checks and Electronic Payments September 21, 2024 to September 27, 2024 Attachments: Comptroller Division Staff Report 8.B. Checks and Electronic Payments September 28, 2024 to October 4, 2024 Attachments: Comptroller Division Staff Report 8.C. Checks and Electronic Payments October 5, 2024 to October 11, 2024 Attachments: Comptroller Division Staff Report 8.D. Checks and Electronic Payments October 12, 2024 to October 18, 2024 Attachments: Comptroller Division Staff Report 8.E. Change Order #1 Bid 2023054 - Hosie Shumann Basketball Court Replacement Attachments: Staff Report Change Order 01 8.F. Miscellaneous Budget Amendment 08 Attachments: Staff Report Budget Resolution Exhibit "A" 8.G. Interfund Borrowing - Fiscal Year 2023/2024 Attachments: Staff Report November 5, 2024 Page 2 of 7 8.H. Designation of Excess Equipment as Surplus and Authorization for Disposal Attachments: Staff Report Excess List for 110524 8.I. First Extension to Agreements for Annual Asphalt Paving & Resurfacing Services (Bid 2024011) Attachments: Staff Report First Extension - M&M First Extension - Ranger 8.J. Waiver of Requirement for Bids for Annual Physical Exams Attachments: Staff Report LifeScan Quote 8.K. Approval for Advance Purchase of Fire Rescue Apparatus Attachments: Staff Report 8.L. Stonehill Innovation Contract Extension Attachments: Staff Report Email from Stonehill Innovation 8.M. Approval of Amendment No. 4 - FDEP Grant Agreement No. S0839 for Construction of an Oyster Reef Along Foot Island in the Indian River Lagoon Attachments: Staff Report S0839 Amendment No. 4 S0839 -IRC Oyster Bed Project 8.N. Florida Inland Navigation District Grant Agreement for the Wabasso Causeway Park Improvements Phase 1 Attachments: Staff Report Grant Agreement Grant Form 8.0. Grant Agreement for the Florida Recreation Development Assistance Program (FRDAP) Grant for West Wabasso Park Playground Replacement Attachments: Staff Report West Wabasso FRDAP Agmt West Wabasso Grant Form 8.P. Approval of Work Order for Exploratory and Remedial Work for Floridan (Artesian) Well and Repairs at North County Aquatic Center Attachments: Staff Report Exhibit A - Proposal November 5, 2024 Page 3 of 7 8.Q. Intergenerational Recreation Center/Dick Bird Park Improvements (AKA South County Regional Park Improvements) Bid Number 2025011 Attachments: Staff Report Agreement 8.R. D.R. Horton's Request for Final Plat Approval for Orchid Reserve Villas [SD -22-05-02/2004050460-96125] Attachments: Staff Report Location Map Final Plat Layout 8.S. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Section 5311 Grant Attachments: Staff Report Authorizing Resolution FDOT PTGA Grant Budget Form 8.T. Release of Retainage and Change Order No. 2, Indian River County Tax Collector Floor Replacement (IRC -2411) Attachments: Staff Report Contractor's Application for Payment No. 2411-2 Change Order No. 2 8.U. Approval of Florida Department of Environmental Projection Grant Agreements LGO10 for Hobart Landing and LGO11 for Orchid Island Estates Septic -to -Sewer Projects, IRCDUS Project ID's 21.24.507 (Orchid Island Estates) and 21.24.508 (Hobart Landing) Attachments: Staff Report FDEP Agreement LG011 (Orchid Island) FDEP Agreement LGO10 (Hobart Landing) Grant Form for Orchid Island Estates S2S Project Grant Form for Hobart Landing S2S Project 9. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 9.A. Amended - IRC DATF Award Application Attachments: Memo - DATF Grant Application 10. PUBLIC ITEMS A. PUBLIC HEARINGS B. PUBLIC DISCUSSION ITEMS November 5, 2024 Page 4 of 7 10.B.1. Request to Speak from Bill Rigby re: Protest of the RFP - Waste Hauler Contract Attachments: Request to Speak B. Rigby 11.5.24 C. PUBLIC NOTICE ITEMS 11. COUNTY ADMINISTRATOR MATTERS 11.A. American Rescue Plan Act of 2021 - Proposed Spending Plan Revisions Attachments: Staff Report ARP Proposed Spending Plan 11.B. Proposed Commission Meeting Dates for CY 2025 Attachments: Staff Report Meeting Dates 12. DEPARTMENTAL MATTERS A. Community Services B. Emergency Services C. Human Resources D. Information Technology E. Natural Resources 12.E.1. Coastal Construction Access Policies Attachments: Staff Report Non Emergency Construction Access Emergency Construction Accces Draft Resolution Exhibit A F. Office of Management and Budget G. Parks, Recreation, and Conservation 12.G.1. Approval to Record a Restrictive Covenant Declaring Jones' Pier Bungalow Federal Hazard Mitigation Assistance and Perpetual Maintenance of Flood Insurance Attachments: Staff Report RESTRICTIVE COVENANT (Jones Pier) EXHIBIT A (Jones Pier Covenant) H. Planning and Development Services I. Public Works J. Utilities Services November 5, 2024 Page 5 of 7 13. COUNTY ATTORNEY MATTERS 13.A. Authorization to Proceed with Foreclosures on Code Enforcement Cases: (2009070001) Hicks Attachments: Staff Report Hicks Order Imposing Fine Hicks Deed 9-18-24 13.B. Authorization to Settle Foreclosure Case on Collins Code Enforcement Case Number 2014050077 Attachments: Staff report Collins IRC Settlement Agreement w -Exhibits 10-24-2024 13.C. Code Foreclosure Case Clarification and Update Attachments: Staff Report 13.D. Permission to Advertise Public Hearing Amending Indian River County Code Sections 102.01(1), 102.04. Attachments: Staff Report Ordinance Amending Code Sections 102.01 and 102.04 14. COMMISSIONERS MATTERS A. Commissioner Susan Adams, Chairman B. Commissioner Joseph E. Flescher, Vice Chairman C. Commissioner Joseph H. Earman D. Commissioner Deryl Loar E. Commissioner Laura Moss 15. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District 15.B.1. Approval of SWDD Meeting Minutes of August 20, 2024 15.B.2. Agreement for Landfill Gas Wellfield Expansion Project Attachments: Staff Report Agreement with SCS Field Services Vertical Well and Header Installation Proposal November 5, 2024 Page 6 of 7 15.B.3. Final Pay to Geosyntec for Work Order No. 19 - Permit Compliance Monitoring and Reporting Indian River County Landfill Facility Attachments: Staff Report Project Completion Report & Final Invoice C. Environmental Control Board 16. ADJOURNMENT Except for those matters specifically exempted under the State Statute and Local Ordinance, the Board shall provide an opportunity for public comment prior to the undertaking by the Board of any action on the agenda, including those matters on the Consent Agenda. Public comment shall also be heard on any proposition which the Board is to take action which was either not on the Board agenda or distributed to the public prior to the commencement of the meeting. Anyone who may wish to appeal any decision which may be made at this meeting will need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal will be based. Anyone who needs a special accommodation for this meeting may contact the County's Americans with Disabilities Act (ADA) Coordinator at (772) 226-1223 at least 48 hours in advance of meeting. Anyone who needs special accommodation with a hearing aid for this meeting may contact the Board of County Commission Office at 772-226-1490 at least 20 hours in advance of the meeting. The full agenda is available on line at the Indian River County Website at www.indianriver.gov The full agenda is also available for review in the Board of County Commission Office, the Indian River County Main Library, and the North County Library. Commission Meetings are broadcast live on Comcast Cable Channel 27 Rebroadcasts continuously with the following proposed schedule: Tuesday at 6:00 p.m. until Wednesday at 6:00 a.m., Wednesday at 9:00 a.m. until 5:00 p.m., Thursday at 1:00 p.m. through Friday Morning, and Saturday at 12:00 Noon to 5: 00 p.m. November 5, 2024 Page 7 of 7 Proclamation DECLARING NOVEMBER 17TH THROUGH 23rd AS NATIONAL APPRENTICESHIP WEEK Whereas, National Apprenticeship Week raises awareness of the vital role Registered Apprenticeships provide in creating pathways to quality jobs and well -paying careers throughout Indian River County and across the nation while allowing apprentices to earn while they learn; and -Whereas, Registered Apprenticeships provide inclusive opportunities for historically underserved individuals and those adversely affected by persistent poverty or inequality, providing a path for all qualified individuals, including women, youth, people of color, rural communities and individuals with disabilities, to become apprentices and contribute to America's industries; and Whereas, Indian River County recognizes that Registered Apprenticeships, an industry -driven training model, are key to improving job quality and creating sustainable careers while addressing some of our nation's pressing workforce challenges such as rebuilding infrastructure, addressing supply chain demands, supporting clean energy, modernizing our cybersecurity, and responding to economic issues. Now, Ilherefore, be it Proclaimeddy the Boardof County Commissioners of Indian River County, ,Florida, we declare November 17th -23rd as National Apprenticeship week. Adopted this 5th day of November, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Susan Adams, Chairman Joseph E. Flescher, Vice Chairman Joseph H. Earman Deryl Loar Laura Moss INFORMATIONAL ITEM Indian River County Inter -Office Memorandum Office of Management and Budget TO: Members of the Board of County Commissioners DATE: October 16, 2024 THROUGH: John A. Titkanich, Jr., County Administrator FROM: Kristin Daniels Director, Office of Management & Budget SUBJECT: 4th Quarter FY 2023/2024 Budget Report Following is the quarterly report for the fourth quarter of fiscal year 2023/2024. 2 d• L } N Q O Z N 0w M �a N N } d' C E E 0 U a d W u c 0 a w u c a a > d a! 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O ri N 4 O O n N N U M 64- CO ¢M co t, M 6-} 10 N LO Cl) 64 U2 a Q a J Z) O oe O N O CT O M O 7.O O O I., Cl) M 69- P, 4P, CO M `ct bh 64 N W 0 2 O CY Q N 0 �d O 10 10M O O� O M O O O O O 1 10 O 1 64 / O N I co I N 49- 1 O O O V 409. 1 Lu WJE > 1 De , W Cl) Q z ! Oznj W LL O! CY I LL W 2 � O _a1 M Cl) 1 M f O i N f O l c M SWDD Agenda Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 16, 2024 To: The Solid Waste Disposal District Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Jill Brown, Recycling Specialist, SWDD Sue Flak, Recycling Education and Marketing Coordinator, SWDD Subject: Residential Paper Shredding Event on November 16, 2024 Description: The Solid Waste Disposal District (SWDD) and WM, Inc. of Florida (WM) will be partnering with Southeast Secure Shredding (SSS) to host the Fall Residential Paper Shredding Event on Saturday, November 16, 2024. All residents of Indian River County are invited to bring up to three boxes/bags of paper (up to 35 lbs. each) to be shredded and recycled. There is no charge to the public, but participation is limited to one drop-off per vehicle per household. The event will be held from 7 am to 11 am at SSS located at 3910 U.S. Highway 1 in Vero Beach. Analysis: SSS is charging $7 per vehicle. However, there is no anticipated event cost to SWDD, as WM will be covering the cost per the attached Contract Memorandum of Understanding (MOU) signed by the County Administrator and Kasey C. Godwin, District Manager for Waste Management. SWDD is responsible for the advertising for these types of events and, per the MOU, is responsible for any additional costs over the annual $16,000 allocation by Waste Management. Our last event on April 27, 2024, resulted in 529 cars and a diversion of 7.5 tons of paper. Funding: The funding for the Fall Residential Paper Shredding Event is available in the SWDD/CC & RECYC/ADVERTISING/EXCEPT LEGAL account number 41125534-034810. This account is funded through user assessment fees; the anticipated cost for advertising this event is $8,000. Description Account Number Amount SWDD/CC & RECYC/ADVERTISING/EXCEPT LEGAL 41125534-034810 $8,000 4e3c24fb-c73c-4d4e-881b-dedfca84a36c Page SWDD Agenda Recommendation: Solid Waste Disposal District staff recommends that the Board approve the Fall Residential Paper Shredding Event to be held on November 16, 2024. Attachment: Contract MOU with Waste Management, Inc. of Florida 'Paper Shredding Event %Z. Shredded paper cannot be recyded curbside and should never be placed in your blue recycling care. Saturday, November 16, 202410— I It 7am -11am 061111111 TWO... Southeast Secure Shredding 3910 US 1 • Vero Beach Your documents will be by certified professionals>!iftodrge! • Maximum 3 boxes/bags per vehicil,o" dm e through only (weighing up to 35 lbs each). That'sd $40value! To This: Staples and paperclips are acceptable, but please remove all binders and hanging folders. Pre -shredded paper isacceptable (up to 3 bags). IRC RESIDENTS ONLY. No businesses please. Recycled into This! 4e3c24fb-c73c-4d4e-881b-dedfca84a36c - Page 2 - BOARD OF COUNTY COMMISSIONERS March 1, 2022 Kasey Godwin, District Manager Waste Management of Florida 431077 1h Street Vero Beach, Florida, 32966 Re: Contract Memorandum of Understanding Supplemental to Franchise Agreement for Public Events Dear Mr. Godwin: For 2022, the parties to the Franchise Agreement will allow for the following in lieu of the requirements set forth in the second paragraph of Article 9. Community Cleanups of the Franchise Agreement: Franchisee shall assist SWDD with multiple Paper Shredding Events within the Franchise Area a) The Paper Shredding event(s) shall be held at a location to be determined from 8:00 a.m. to 1:00 p.m. at dates to be coordinated with SWDD staff. Waste Management shall allocate a not to exceed cost of $16,000 per year for this effort. SWDD shall handle the advertising for the events and shall pay any additional cost beyond this allocation. Indian River County's in -field point of contact for this project is Ms. Sue Flak. Ms. Flak can be contacted at (772) 226-3206 and sflak@irceov.com. Sinc ely, laso E. wn Coun dministrator Waste Management, Inc. of Florida Agreed by Kasey C. Godwin, District Manager Indian River County, Florida Department of Utility Services Board Memorandum Date: October 16, 2024 �v Informational Item To: The Solid Waste Disposal District Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District (SWDD) Prepared By: Jill Brown, Recycling Specialist, SWDD Sue Flak, Recycling Education and Marketing Coordinator, SWDD Subject: SWDD Closures and Collection Service Changes for Thanksgiving Recommendation: In observance of Thanksgiving on Thursday, November 28, 2024, the Main County Landfill and the five Customer Convenience Centers will be closed. In addition, there will be no residential curbside services for recycling, garbage or yard waste on that day. The chart below provides information regarding collection services in unincorporated county and the municipalities. Residents may visit the Indian River County website at: www.indianriver.gov for more information. Attachments: • I viww.Indiamver.gov • • • • ' Unincorporated IRC City of Fellsmere Win City of Vero Beach Tov If you are a Thursday customer, you wil on Friday, Nov. 29. If you are a Fridayr you will he serviced on Saturday, Nov.3$'. IJ you have questions regrading your service schedule. ole use tali WM ifoierly k,i— as waste Managenw^nt} of SE9d7 r snsit If you are a Thursday or Friday customer, your garbage will be serviced on your next scheduled service day. If you have questions regarding your service schedule, please call the City of VS Solid Waste Division at 978-5300. Regular Thursday, Nov. 28 service will be skipped and resume on the next service day (Monday, Dec. 2). ,,You have any questions regarding your service schedule, please cog the Waste Pro of 595-9390. - If you are a Thursday customer, your garbage will be serviced on Monday Dec. 2. Indian River Shore12'Yard waste and Bulk pick up will be serviced on your next servire date, Thursday, Dec. S. r/ you nave yueraaas -v-dmy.v+saace tonedute. . Now aMN 24 t Ll C (14 00 LM 4 ._ .�4-J LA m 6� tiA E +� cc >N > °' � Ubo z° 0 U C: ro •C6 Lm .V n E `W = v O O O v Q) H ._ +-j J V C 0 v L U = �0 0 E Ln �' 0 o � � e 3 3 a� @9 i to 3' y : .Alk o � � e 3 in a� @9 i to 3' y : .Alk L N O v� .61..x. wva ©� a 99 .N v xz; r� d icc Q n� 3 v icc C au by a, V) N crf �Qo --rp`� a v 3 v aou"Z a� aui a O ro •UCUN v = h N — v 0 U b. 4A u O �, a� �, 3 rn rn aj o a� 0 O ■ v a, v, °J �• " ra (3) �c Y J N V ril L O Ln ^�^11 W i ' O a x _ 00 > c Z to 1 �� f0 Qi L N a� :3 v C A 1 =_ � LL L m > CM 0 3 3 ? f0 O1 .L c Y L O O O o 0 Z +-' a �' O ; N .o �' Y L m Ln �, v" c c o v f v) L �_ Q O -� J O• j QJ L �„� N mZZ C3 fa ei N fa QJ Ln V) Ln 0 v D O a OCCo o O °' U cn V L co .,�°. v O CL v (1) 4— 4— U 0 0 0 •� 3 j INDIAN RIVER COUNTY Community Services Department Veteran's Services 70 Indian River County has a long and proud history of serving our nation's veterans, a legacy that continues to this day as we work with our federal, state and local partners to ensure that the former service members of our community have access to the resources they need to thrive. Once again, this Veterans Day, Indian River County invites the County's 167,781 residents to join Operation Green Light and show support for veterans by lighting our buildings green from November 4 to 11, 2024. By shining a green light, Indian River County and our residents will let veterans know they are seen, appreciated 27 November 5, 2024 Informational Item INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 5, 2024 SUBJECT: Children's Services Advisory Committee -- District 1 Appointee FROM: Susan Adams Commissioner, District 1 It is my pleasure to announce that David Stephen Bailey shall serve as my Appointee representing District 1 on the Children's Services Advisory Committee (CSAC). Attachment: Resume W. David Stephen Bailey 425 29th Ct SW, Vero Beach, FL 32968 (772) 473-9405 dboiley466@gmail.com Experience Lieutenant Training and Recruiting Unit Special Operations Division 4055 41 st Ave Vero Beach, FL 32960 • Responsible for the leadership, direction, performance and all administrative duties associated with 3 Sergeant who oversees the activities of 3 training deputies, 20 FTDs, 4 deputies assigned to the Social Media and Recruiting Team (SMART) and current recruits. • Assist with the administration and coordination of any training involving the betterment of the members of the Sheriff's Office. • Provide for the development of the Training Deputies through assistance with future job assignment and educational goals. • Provide guidance for the ongoing additional training for the Training Unit Deputies assigned to my unit. Lieutenant Community Affairs Unit Professional Standards Division 4055 41St Ave. Vero Beach, FL 32960 • Responsible for the leadership, direction, performance and all administrative duties associated with 1 Sergeant who oversees the activities of 4 deputies. • Assist with the administration and coordination of any activities involving the betterment of the community and its residents. • Provide for the development of the Community Affairs Deputies through assistance with future job assignment and educational goals. • Provide guidance for the ongoing additional training for the Community Affairs Deputies assigned to my unit. Sergeant Field Operations - Indian River County Sheriff's Office 4055 4161 Ave. Vero Beach, FL 32960 • Responsible for the leadership, direction, performance and all administrative duties associated with nine patrol deputies. • Provide for the development of the patrol deputies through assistance with future job assignment and educational goals. • Provide ongoing additional training for the patrol deputies assigned to me. Corporal/Field Training Officer - Indian River County Sheriff's Office 4055 41St Ave. Vero Beach, FL 32960 • Facilitate On the Job Training to all Law Enforcement new hires with the Sheriff's Office, including the completion of evaluations, the documentation of daily performance, the creation of remedial training programs and the providing of additional training in various law enforcement disciplines via scenario based and EDIP training. • Assist with the scheduling of new trainees and the creation and implementation of the Field Training Officer Mini Academy. 29 • Mentor new Field Training Officers to assist with growth as instructors. Deputy — Indian River County Sheriff's Office 4055 41st Ave. Vero Beach, FL 32960 • Perform all functions of regular patrol duties. • Collaborate with other deputies for the patrolling of zones to decrease crime in a prescribed area. • Expeditiously respond to the needs of citizens of Indian River County to solve problems and reduce the need for Law Enforcement involvement. Training Deputy - Indian River County Sheriff's Office 4055 41St Ave. Vero Beach, FL 32960 • Provide In -Service Training to all members of the Sheriff's Office. *Create and develop lesson plans for new topics of instruction. • Facilitate educational presentations regarding the function of the Training Section to the Citizen's Academy. Detective - Indian River County Sheriff's Office 4055 41 st Ave. Vero Beach, FL 32960 • Investigate cases involving crimes against both persons and property. • Collaborate with other detectives on cases of a complex and extensive nature. Adjunct Instructor - Indian River Community College Criminal Justice Training Institute 3209 Virginia Ave. Fort Pierce, FL 34981 • Instruct both Law Enforcement and Corrections Basic Recruits, Equivalency Recruits and Correction Cross-over Recruits in the areas of General Studies, Patrol Procedures, and Firearms. Police Officer - Vero Beach Police Department 1055 201h St Vero Beach, FL 32960 • Performed all functions of regular patrol duties. • Collaborate with other officers for the patrolling of zones to decrease crime in a prescribed area. • Expeditiously respond to the needs of citizens of Vero Beach to solve problems and reduce the need for Law Enforcement involvement. Police Officer Staff Services Division - Vero Beach Police Department 1055 201h St Vero Beach, FL 32960 DARE Program Coordinator; Staff Services Division • Manage the Drug Abuse Resistance Education Program. • Instruct D.A.R.E. course to elementary students at five city schools. • Develop and present community programs to residents and businesses. • Prepare and oversee annual budgets for the D.A. R.E. and Community Service Programs. • Develop and maintain the City of Vero Beach Police Department Web page. 30 31 • Develop the Police Department Annual Report Publication. • Present programs through media interviews and appearances. • Administer and Manage the State Tobacco Enforcement Program. Education Bowling Green State University 1600 East Wooster St. Bowling Green, OH 43403 Master of Science in Criminal Justice, August 2013 Indian River Community College 3209 Virginia Ave. Fort Pierce, FL 34981 Associate of Science in Criminal Justice, December 2000 Anderson University 1100 East 51h St. Anderson, IN 46012 Bachelor of Arts in Mass Communications, August 1994 Leo Jr. Sr. High School 14600 Amstutz Rd. Leo, IN 46765 Diploma, May 1990 Training & Seminars Southern Police Institute Command Officer's Development Course 941h Session University of Louisville SPI Organizational Management Certificate - 2024 Florida Leadership Academy Class 19 FBI LEEDA Supervisor Leadership Institute Class 566 FBI LEEDA Command Leadership Institute Class 529 FBI LEEDA Executive Leadership Institute Class 427 State of Florida Basic Law Enforcement Training 801 Hours Florida Association of School Resource Officers — SRO Practitioner - 2022 Law Enforcement Career Development and Specialized Training 3000 +Hours Boards/Community Circuit 19 Juvenile Justice Advisory Council — Past Board Chair Indian River County Sheriff's Office Citizens Advisory Committee — Past Chair Communities that Care Executive Roundtable — Past Sheriff's Appointee Communities that Care General Coalition — Past Board Member Communities that Care PR workgroup — Past Member Substance Abuse Free Indian River (SAFIR) Executive Board — Past Member SAFIR — General Board — Past Member SAFIR - Marijuana/Tobacco/Vaping Sub Committee — Past Co- Chair SAFIR — Underage Drinking Sub Committee — Past Member Moonshot Community Action Network (MCAN) — Past Member Future Educators Response to Emergency Situations (FERTES) — Instructor Indian River Youth Livestock & Horticulture (IRCYLH) — Past Board Member Honors and Awards Law Enforcement Academy Academic Achievement Award 1997 Certificate of Honor - Service and Dedication to Duty - Mayor of Vero Beach, Florida, 1999 Certificate of Appreciation - Service & Professionalism - Indian River County School District, 1999 Letter for Academic Achievement from the Assistant Chief of Pt. St. Lucie P.D., 1998 Officer of the Quarter - Vero Beach Police Department 2001 Exceptional Duty Award - Vero Beach Police Department 2002 Life Saving Award - Vero Beach Police Department 2002 Instructor Award - Indian River County Sheriff's Office 2005 Educational Achievement Award - Indian River County Sheriff's Office 2009 FBI LEE DATrilogy Award — 2021 32 WK University of Louisville SPI Director's Award for Academic Excellence - 2024 Numerous Letters of Appreciation for Professionalism References References are available on reqest u 33 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 27, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 21, 2024 to September 27, 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 21, 2024 to September 27, 2024. 34 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 12227 09/23/2024 WIRE SENIOR RESOURCE ASSOCIATION 701,779.25 12228 09/23/2024 WIRE EVERSIDE HEALTH LLC 6,173.13 12229 09/23/2024 WIRE MUTUAL OF OMAHA 2,501.25 12230 09/23/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 354.84 12231 09/23/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,190.41 12232 09/23/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 164.23 12233 09/24/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 445.00 12234 09/24/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 175.72 12235 09/25/2024 WIRE WRIGHT EXPRESS FSC 28,349.66 12236 09/25/2024 WIRE HEALTH ADVOCATE SOLUTIONS INC 4,061.94 12237 09/25/2024 WIRE EVERSIDE HEALTH LLC 65,643.61 12238 09/25/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 510.41 12239 09/26/2024 WIRE B/C B/S OF FL ADM FEE 480,203.54 12240 09/26/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,502.32 12241 09/27/2024 WIRE KIMLEY HORN & ASSOC INC 15,059.00 12242 09/27/2024 WIRE IRC FIRE FIGHTERS ASSOC 12,001.84 12243 09/27/2024 WIRE TEAMSTERS LOCAL UNION #769 4,917.00 12244 09/27/2024 WIRE FLSDU 2,734.29 12245 09/27/2024 WIRE INDIAN RIVER COUNTY SHERIFF 22,240.00 12246 09/27/2024 WIRE HUMANE SOCIETY OF VERO BEACH & IRC 48,570.00 12247 09/27/2024 WIRE VEROTOWN LLC 450,046.16 12248 09/27/2024 WIRE RX BENEFITS INC 686,450.72 12249 09/27/2024 WIRE APTIM 1,068.32 12250 09/27/2024 WIRE APTIM 17,397.70 12251 09/27/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 455.94 12252 09/27/2024 WIRE DICKERSON INFRASTRUCTURE INC 374,176.79 12253 09/27/2024 WIRE EDH HOLDINGS LLC 7,429.00 12254 09/27/2024 WIRE EDH HOLDINGS LLC 6,624.28 454738 09/26/2024 PRINTED ADAMS HOMES OF NORTHWEST FLA 44.80 454739 09/26/2024 PRINTED ALFANO GUISEPPE 71.36 454740 09/26/2024 PRINTED ALICIA SALMON 41.61 454741 09/26/2024 PRINTED ANGIE LARA 53.76 454742 09/26/2024 PRINTED ASHLEY ZUEHLSDORF 60.19 454743 09/26/2024 PRINTED CHARLES TUCKER 100.00 454744 09/26/2024 PRINTED CHERYL OLSON 38.86 454745 09/26/2024 PRINTED CITY OF SEBASTIAN 74.34 454746 09/26/2024 PRINTED D R HORTON INC 124.91 454747 09/26/2024 PRINTED DI VOSTA HOMES L P 49.32 454748 09/26/2024 PRINTED HOLIDAY BUILDERS 72.73 454749 09/26/2024 PRINTED JAMES ANDREW OGLE 84.82 454750 09/26/2024 PRINTED JAMES W YOUNG JR 82.77 454751 09/26/2024 PRINTED 1J & N PROPERTIES LLC 29.69 454752 09/26/2024 PRINTED KIM CAUFIELD 65.59 454753 09/26/2024 PRINTED KYSA WETMILLER 34.42 454754 09/26/2024 PRINTED LARRY ROSE 85.84 454755 09/26/2024 PRINTED LOAN MONEY TODAY LLC 22.63 454756 09/26/2024 PRINTED MARTHA LYNN CORMIER 48.20 454757 09/26/2024 PRINTED MELODY A SANSBURY 73.42 454758 09/26/2024 PRINTED MITCHELLTUCKER 10.13 454759 09/26/2024 PRINTED NANCY GARST 4.39 454760 09/26/2024 PRINTED NAOMI SANDERS 87.00 454761 09/26/2024 PRINTED RICARDO BARRERA 8.96 454762 09/26/2024 PRINTED RICHARD CHIARANTONA 34.17 454763 09/26/2024 PRINTED SUSAN ADAMS 78.24 454764 09/26/2024 PRINTED LINDA CAGGIANO 267.85 454765 09/26/2024 PRINTED JORDAN MONTEROSSO 6.54 454766 09/26/2024 PRINTED AT&T MOBILITY 147.92 35 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454767 09/26/2024 PRINTED AT&T MOBILITY 299.75 454768 09/26/2024 PRINTED AT&T MOBILITY 129.69 454769 09/26/2024 PRINTED BAKER DISTRIBUTING CO 270.12 454770 09/26/2024 PRINTED ROGER J NICOSIA 1,500.00 454771 09/26/2024 PRINTED CENTRAL AIR CONDITIONING & REFRIGERATION SUPPLY 31.53 454772 09/26/2024 PRINTED MELECH BERMAN 609.00 454773 09/26/2024 PRINTED STATE ATTORNEY 19TH JUDICIAL CIRCUIT 12,782.03 454774 09/26/2024 PRINTED JEFF KUHNERT ENTERPRISES 10,985.00 454775 09/26/2024 PRINTED HUMANA HEALTHCARE PLANS 192.73 454776 09/26/2024 PRINTED FISHER & PHILLIPS LLP 549.00 454777 09/26/2024 PRINTED CANARX GROUP INC 10,859.00 454778 09/26/2024 PRINTED DMS DIVISION OF TELECOMMUNICATIONS 20,989.17 454779 09/26/2024 PRINTED ANGIOLOGY CORP OF AMERICA 2,210.00 454780 09/26/2024 PRINTED AMAZON CAPITAL SERVICES INC 267.56 454781 09/26/2024 PRINTED STRATEGIC GOVERNMENT RESOURCES INC 2,465.00 454782 09/26/2024 PRINTED THOMAS HOPE 500.00 454783 09/26/2024 PRINTED ROBERT & ANGELA SMITH 500.00 454784 09/26/2024 PRINTED PRS 572.29 454785 09/26/2024 PRINTED APS MINISTRIES 665.80 454786 09/26/2024 PRINTED BERNADETTE DICKSON 50.00 454787 09/26/2024 PRINTED DANIELLE CASIELLO 500.00 454788 09/26/2024 PRINTED PATRIOT PRODUCTIONS 500.00 454789 09/26/2024 PRINTED STEPHANIE GRALL 54.10 454790 09/26/2024 PRINTED FAITH DUDLEY 2,092.32 454791 09/26/2024 PRINTED MICHAEL DASSATTI 100.00 454792 09/26/2024 PRINTED PAMELA CUMMINGS 100.00 454793 09/26/2024 PRINTED SCOTT FUNNELL 50.00 454794 09/26/2024 PRINTED SUNCOAST WELDING SUPPLIES INC 823.80 454795 09/26/2024 PRINTED COMMUNICATIONS INTERNATIONAL INC 130.20 454796 09/26/2024 PRINTED COMMUNICATIONS INTERNATIONAL 16,439.67 454797 09/26/2024 PRINTED SOUTHERN SEWER EQUIPMENT SALES 10,238.00 454798 09/26/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 1,352.00 454799 09/26/2024 PRINTED SAFETY PRODUCTS INC 970.45 454800 09/26/2024 PRINTED PARALEE COMPANY INC 1,368.82 454801 09/26/2024 PRINTED E -Z BREW COFFEE & BOTTLE WATER SVC 196.00 454802 09/26/2024 PRINTED INDIAN RIVER BATTERY 714.60 454803 09/26/2024 PRINTED GRAINGER INC 3,729.91 454804 09/26/2024 PRINTED KELLY TRACTOR CO 5,641.06 454805 09/26/2024 PRINTED GRAYBAR ELECTRIC 22,110.66 454806 09/26/2024 PRINTED MCMASTER CARR SUPPLY CO 3,194.55 454807 09/26/2024 PRINTED GAYLORD BROTHERS INC 2,084.90 454808 09/26/2024 PRINTED APPLE INDUSTRIAL SUPPLY CO 785.49 454809 09/26/2024 PRINTED INDIAN RIVER MEDICAL CENTER 1,171.32 454810 09/26/2024 PRINTED BENSONS LOCK SERVICE INC 277.66 454811 09/26/2024 PRINTED HACH CO 1,356.09 454812 09/26/2024 PRINTED CLIFF BERRY INC 663.25 454813 09/26/2024 PRINTED MEEKS PLUMBING INC 325.00 454814 09/26/2024 PRINTED BOUND TREE MEDICAL LLC 1,365.00 454815 09/26/2024 PRINTED EXPRESS REEL GRINDING INC 1,532.00 454816 09/26/2024 PRINTED DELL MARKETING LP 1,495.00 454817 09/26/2024 PRINTED HINTON'S CARPET CLEANING 1,195.00 454818 09/26/2024 PRINTED BARNEYS PUMP INC 42,528.00 454819 09/26/2024 PRINTED MIDWEST TAPE LLC 662.78 454820 09/26/2024 PRINTED NORTHERN SAFETY CO INC 176.05 454821 09/26/2024 PRINTED ODYSSEY MANUFACTURING CO 15,112.50 454822 09/26/2024 PRINTED K & M ELECTRIC SUPPLY 726.96 454823 09/26/2024 PRINTED HARRINGTON INDUSTRIAL PLASTICS LLC 959.23 36 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454824 09/26/2024 PRINTED GALE/CENGAGE LEARNING 456.61 454825 09/26/2024 PRINTED JIMMYS AIR & REFRIGERATION 363.78 454826 09/26/2024 PRINTED PING INC 222.15 454827 09/26/2024 PRINTED CITY OF VERO BEACH 2,660.95 454828 09/26/2024 PRINTED INDIAN RIVER ALL FAB INC 2,602.43 454829 09/26/2024 PRINTED HOME DEPOT CREDIT SERVICES 3,201.70 454830 09/26/2024 PRINTED JANITORIAL DEPOT OF AMERICA INC 317.90 454831 09/26/2024 PRINTED CLEVELAND GOLF/SRIXON 109.00 454832 09/26/2024 PRINTED ACUSHNET COMPANY 639.73 454833 09/26/2024 PRINTED THOMSON REUTERS - WEST 278.00 454834 09/26/2024 PRINTED FEDERAL EXPRESS 44.61 454835 09/26/2024 PRINTED CALLAWAY GOLF 2,562.71 454836 09/26/2024 PRINTED FLORIDA POWER AND LIGHT 203,811.78 454837 09/26/2024 PRINTED FLORIDA POWER AND LIGHT 35,863.05 454838 09/26/2024 PRINTED THOMAS S LOWTHER FUNERAL HOME CORP 750.00 454839 09/26/2024 PRINTED GLOBAL GOLF SALES INC 190.42 454840 09/26/2024 PRINTED COMPLETE ELECTRIC INC 4,882.56 454841 09/26/2024 PRINTED L WALTON ELECTRIC INC 665.00 454842 09/26/2024 PRINTED ESRI INC 5,472.00 454843 09/26/2024 PRINTED WEST MARINE PRODUCTS INC 188.03 454844 09/26/2024 PRINTED FORESTRY SUPPLIERS INC 365.13 454845 09/26/2024 PRINTED CUES 3,231.77 454846 09/26/2024 PRINTED ECONOLITE CONTROL PRODUCTS INC 89,524.00 454847 09/26/2024 PRINTED RECHTIEN INTERNATIONAL TRUCKS 1,230.60 454848 09/26/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 132.00 454849 09/26/2024 PRINTED CELICO PARTNERSHIP 1,703.86 454850 09/26/2024 PRINTED SOUTHERN LOCK AND SUPPLY 1,079.40 454851 09/26/2024 PRINTED FASTENAL COMPANY 109.94 454852 09/26/2024 PRINTED SHERWIN WILLIAMS CO 748.88 454853 09/26/2024 PRINTED JACKS COMPLETE TREE SERVICE INC 1,700.00 454854 09/26/2024 PRINTED ETR LLC 2,560.90 454855 09/26/2024 PRINTED HINKLE & SONS SEPTIC 125.00 454856 09/26/2024 PRINTED CONSOLIDATED ELECTRIAL DIST INC 1,368.12 454857 09/26/2024 PRINTED JOHNNY B SMITH 150.00 454858 09/26/2024 PRINTED GLOBALSTAR USA 227.35 454859 09/26/2024 PRINTED FAMILY POOLS INC 3,053.50 454860 09/26/2024 PRINTED PETER J CASSARA 4,350.00 454861 09/26/2024 PRINTED SOUTHEAST SECURE SHREDDING 432.64 454862 09/26/2024 PRINTED DANA SAFETY SUPPLY INC 666.01 454863 09/26/2024 PRINTED NICOLACE MARKETING INC 6,285.00 454864 09/26/2024 PRINTED BRENNTAG MID -SOUTH INC 8,863.35 454865 09/26/2024 PRINTED PIONEER MANUFACTURING 2,234.37 454866 09/26/2024 PRINTED ATLANTIC COASTAL LAND TITLE CO LLC 190.00 454867 09/26/2024 PRINTED TORRES ELECTRICAL SUPPLY COMPANY INC 3,764.10 454868 09/26/2024 PRINTED FLORIDA COAST EQUIPMENT INC 2,520.78 454869 09/26/2024 PRINTED OVERDRIVE INC 2,304.89 454870 09/26/2024 PRINTED PROMATIC INC 164.00 454871 09/26/2024 PRINTED PROMATIC INC 558.90 454872 09/26/2024 PRINTED JSR ENTERPRISES LLC 15,725.08 454873 09/26/2024 PRINTED EASY PICKER GOLF PRODUCTS INC 2,066.66 454874 09/26/2024 PRINTED MUNICIPAL EMERGENCY SERVICES INC 2,837.43 454875 09/26/2024 PRINTED BURNETT LIME CO INC 4,326.30 454876 09/26/2024 PRINTED BSN SPORTS INC 1,276.30 454877 09/26/2024 PRINTED MICHAEL EDWARD HAMILTON 325.00 454878 09/26/2024 PRINTED HAWKINS INC 2,346.00 454879 09/26/2024 PRINTED SITEONE LANDSCAPE SUPPLY LLC 6,905.43 454880 09/26/2024 PRINTED GOTTA GO GREEN 359.36 37 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454881 09/26/2024 PRINTED HYDROMAX USA LLC 9,429.50 454882 09/26/2024 PRINTED BARSALOU VENTURES LLC 109.75 454883 09/26/2024 PRINTED ADVANCE AUTO PARTS 3.52 454884 09/26/2024 PRINTED IMPERIAL IMPRINTING LLC 650.44 454885 09/26/2024 PRINTED EASTERN PIPELINE CONSTRUCTION INC 8,800.00 454886 09/26/2024 PRINTED MITY LITE INC 7,109.10 454887 09/26/2024 PRINTED MATHESON TRI -GAS INC 20,278.56 454888 09/26/2024 PRINTED UNITED AGAINST POVERTY INC 444.80 454889 09/26/2024 PRINTED COLE AUTO SUPPLY INC 4,882.43 454890 09/26/2024 PRINTED RHOADES AIR & HEAT 227.91 454891 09/26/2024 PRINTED BETH NOLAN 174.00 454892 09/26/2024 PRINTED LIBRARY ADVANTAGE 690.00 454893 09/26/2024 PRINTED ENVIRONMENTAL OPERATING SOLUTION INC 13,328.40 454894 09/26/2024 PRINTED CORE & MAIN LP 94,298.90 454895 09/26/2024 PRINTED GLOBAL TRACKING COMMUNICATIONS LLC 1,439.40 454896 09/26/2024 PRINTED WOERNER AGRIBUSINESS LLC 420.00 454897 09/26/2024 PRINTED BOTTOMS UP BEVERAGE OF FLORIDA LLC 1,419.00 454898 09/26/2024 PRINTED GYRO-TRAC CORPORATION 5,797.18 454899 09/26/2024 PRINTED REXEL USA INC 488.97 454900 09/26/2024 PRINTED TAYLOR ANNE HATTON 80.00 454901 09/26/2024 PRINTED IM SOLUTIONS INC 36.25 454902 09/26/2024 PRINTED AMAZON CAPITAL SERVICES INC 15,933.35 454903 09/26/2024 PRINTED TREASURE COAST PLUMBING LLC 249.50 454904 09/26/2024 PRINTED PACE ANYALYTICAL LLC 922.04 454905 09/26/2024 PRINTED AMERIGAS PROPANE LP 3,414.08 454906 09/26/2024 PRINTED JORDAN MOWERS 396.92 454907 09/26/2024 PRINTED LIBERTY TIRE RECYCLING LLC 2,019.00 454908 09/26/2024 PRINTED PC SOLUTIONS & INTEGRATION INC 9,260.00 454909 09/26/2024 PRINTED MULLINAX FORD OF VERO BEACH 4,581.16 454910 09/26/2024 PRINTED JUDITH A BURLEY 248.50 454911 09/26/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 156.89 454912 09/26/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 278.12 454913 09/26/2024 PRINTED JENNIFER D JAMES 125.00 454914 09/26/2024 PRINTED MILTON MAYBERRY ENTERPRISES INC 800.00 454915 09/26/2024 PRINTED BLUE GOOSE CONSTRUCTION LLC 12,972.68 454916 09/26/2024 PRINTED STAPLES INC 229.59 454917 09/26/2024 PRINTED LOWES COMPANIES INC 16,556.95 454918 09/26/2024 PRINTED SMI TRADING LLC 927.35 454919 09/26/2024 PRINTED TOSHIBA AMERICA BUISNESS SOLUTIONS INC 190.25 454920 09/26/2024 PRINTED TOTAL GOLF CART LLC 76.99 454921 09/26/2024 PRINTED PATRIOT RESPONSE GROUP LLC 51,642.50 454922 09/26/2024 PRINTED ROBERT A HUDSON 100.00 454923 09/26/2024 PRINTED THEODORE SEMI 345.00 454924 09/26/2024 PRINTED SOUTH FLORIDA EMERGENCY VEHICLES LLC 34,731.47 454925 09/26/2024 PRINTED JLA GEOSCIENCES INC 4,921.00 454926 09/26/2024 PRINTED J -MAC CLEANING SERVICES INC 3,012.48 454927 09/26/2024 PRINTED FUN EXPRESS LLC 41.69 454928 09/26/2024 PRINTED LAWRENCE F WALLIN 50.00 454929 09/26/2024 PRINTED HIREQUEST LLC 2,028.00 454930 09/26/2024 PRINTED PETERBILT STORE SOUTH FLORIDA LLC 665.96 454931 09/26/2024 PRINTED CLEAN SPACE INC 2,167.00 454932 09/26/2024 PRINTED MARUBENI AMERICA CORPORATION 1,100.00 454933 09/26/2024 PRINTED DOBBS EQUIPMENT LLC 1,034.13 454934 09/26/2024 PRINTED PIVOTAL UTILITY HOLDINGS INC 22,313.91 454935 09/26/2024 PRINTED SANDHILL ENVIRONMENTAL SERVICES LLC 51,985.55 454936 09/26/2024 PRINTED ALOE CARE INTERNATIONAL LLC 1,151.28 454937 09/26/2024 PRINTED SHRIEVE CHEMICAL CO LLC 12,272.90 38 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454938 09/26/2024 PRINTED BAKER & TAYLOR 4,053.62 454939 09/26/2024 PRINTED CULLIGAN BY GW PUMPS & PURIFICATION 255.45 454940 09/26/2024 PRINTED CONSOLIDATED WATER GROUP LLC 75.77 454941 09/26/2024 PRINTED TARKETT USA INC 3,603.05 454942 09/26/2024 PRINTED SEVEN ISLES CAPITAL 914.00 454943 09/26/2024 PRINTED RONALD MARASCO SR 295.00 454944 09/26/2024 PRINTED RUBEN ZAMARRIPA 1,700.00 454945 09/26/2024 PRINTED FIRE EQUIPMENT SYSTEMS OF FLORIDA INC 118.00 454946 09/26/2024 PRINTED XEROX CORPORATION 817.75 454947 09/26/2024 PRINTED SOUTHERN TEES INC 468.72 454948 09/26/2024 PRINTED FLEETPRIDE INC 3,865.71 454949 09/26/2024 PRINTED JORDAN PARKER 60.00 454950 09/26/2024 PRINTED MIKEL KINNEY RUYLE 50.00 454951 09/26/2024 PRINTED JOHN DIGIACOMO 50.00 454952 09/26/2024 PRINTED BATES AIR & HEAT LLC 4,066.00 454953 09/26/2024 PRINTED LF STAFFING SERVICES INC 619.52 454954 09/26/2024 PRINTED SUMMIT FIRE & SECURITY LLC 366.00 454955 09/26/2024 PRINTED TECHNICAL MAINTENANCE INC 675.00 454956 09/26/2024 PRINTED C&S CHEMICALS INC 4,382.56 454957 09/26/2024 PRINTED MARY LTOMARO 75.00 454958 09/26/2024 PRINTED UNIVAR SOLUTIONS USA INC 1,168.86 454959 09/26/2024 PRINTED WATERBLASTING LLC 77,742.40 454960 09/26/2024 PRINTED PALMDALE INTERMEDIATE LLC 784.54 454961 09/26/2024 PRINTED AZAREL HOLDINGS INC 1,227.42 454962 09/26/2024 PRINTED GANNETT MEDIA CORP 2,105.94 454963 09/26/2024 PRINTED DAVID D SIMPSON 400.00 454964 09/26/2024 PRINTED GASPAR BODY & PAINT 12,560.41 454965 09/26/2024 PRINTED BRADY COMPANIES LLC 2,337.21 454966 09/26/2024 PRINTED STAVOLA AGGREGATE SUPPLY LLC 9,402.87 454967 09/26/2024 PRINTED HG PRINTING & GRAPHICS LLC 8,991.08 454968 09/26/2024 PRINTED LYNCH FUEL COMPANY LLC 19,693.05 454969 09/26/2024 PRINTED TAFFORD LYLES 125.00 454970 09/26/2024 PRINTED CAMRON DAVIS 175.00 454971 09/26/2024 PRINTED JEANETTE GALLAGHER 14.00 454972 09/26/2024 PRINTED MIRIT WIENER 28.00 454973 09/26/2024 PRINTED SEABROOKS TOO LLC 608.00 454974 09/26/2024 PRINTED INSTRUMART LLC 4,644.67 454975 09/26/2024 PRINTED SAMUEL MCDUFFIE 105.00 454976 09/26/2024 PRINTED H&E EQUIPMENT SERVICES 1,180.48 454977 09/26/2024 PRINTED PACKETLABS LTD 12,450.00 454978 09/26/2024 PRINTED CYNTHIA WOLD 50.00 454979 09/26/2024 PRINTED COMMUNICATIONS INTERNATIONAL INC 31,879.52 454980 09/26/2024 PRINTED EDLUND DRITENBAS BINKLEY ARCHITECTS 2,850.00 454981 09/26/2024 PRINTED INTERNATIONAL GOLF MAINTENANCE INC 118,687.64 454982 09/26/2024 PRINTED COASTAL TECHNOLOGY CORPORATION 8,900.00 454983 09/26/2024 PRINTED MBV ENGINEERING 18,048.50 454984 09/26/2024 PRINTED PICTOMETRY INTERNATIONAL CORPORATION 124,585.00 454985 09/26/2024 PRINTED ANFIELD CONSULTING GROUP 10,000.00 454986 09/26/2024 PRINTED CENTERLINE UTILITIES INC 149,616.59 454987 09/26/2024 PRINTED MARLIN ENGINEERING INC 923.04 454988 09/26/2024 PRINTED CONSOR ENGINEERS LLC 168,572.66 454989 09/26/2024 PRINTED 1 -MAC CLEANING SERVICES INC 5,591.66 454990 09/26/2024 PRINTED SPIEZLE ARCHITECTURAL GROUP INC 43,969.28 454991 09/26/2024 PRINTED QCR HOLDINGS INC & SUBSIDIARIES 3,009.16 454992 09/26/2024 PRINTED CLOSE CONSTRUCTION SERVICES LLC 253,034.37 454993 09/27/2024 PRINTED UNITED WAY OF INDIAN RIVER COUNTY 1,297.00 454994 09/27/2024 PRINTED CALIFORNIA STATE DISBURSEMENT UNIT 305.19 39 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 454995 09/27/2024 PRINTED NEW YORK STATE COMPTROLLER 694.21 454996 09/27/2024 PRINTED GEORGIA DEPT OF REVENUE 195.85 454997 09/27/2024 PRINTED COMMONWEALTH OF MASSACHUSETTS 562.00 454998 09/27/2024 PRINTED ARIZONA UNCLAIMED PROPERTY UNIT 168.38 454999 09/27/2024 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 129.23 455000 09/27/2024 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 73.85 455001 09/27/2024 PRINTED DEVIN CARLSON 682.22 903654 09/26/2024 PRINTED SCOTTS SPORTING GOODS 279.00 1021965 09/26/2024 ACI RING POWER CORPORATION 7,256.34 1021966 09/26/2024 ACI DEMCO INC 299.45 1021967 09/26/2024 ACI IRRIGATION CONSULTANTS UNLIMITED INC 154.51 1021968 09/26/2024 ACI HILL MANUFACTURING 1,468.76 1021969 09/26/2024 ACI GROVE WELDERS INC 867.31 1021970 09/26/2024 ACI 41MPRINT INC 3,000.00 1021971 09/26/2024 ACI COMMERCIAL ENERGY SPECIALISTS 3,006.72 1021972 09/26/2024 ACI THOMPSON TRACTOR 112.55 1021973 09/26/2024 ACI MINUTEMAN PRESS 2,885.21 1021974 09/26/2024 ACI DYER CHEVROLET 5,163.86 1021975 09/26/2024 ACI HYDRA SERVICE (S) INC 1,984.85 1021976 09/26/2024 ACI RADWELL INTERNATIONAL INC 912.00 1021977 09/26/2024 ACI UNIFIRST CORPORATION 1,869.65 1021978 09/26/2024 ACI NEXAIR LLC 79.17 1021979 09/26/2024 ACI EVERGLADES EQUIPMENT GROUP 20,761.30 1021980 09/26/2024 ACI HD SUPPLY INC 1,469.20 1021981 09/26/2024 ACI STERLING INFOSYSTEMS INC 315.00 1021982 09/27/2024 ACI AT&T 4,483.64 1021983 09/27/2024 ACI OFFICE DEPOT 2,390.16 1021984 09/27/2024 ACI COMCAST 244.56 1021985 09/27/2024 ACI WASTE MANAGEMENT INC OF FLORIDA 141.70 413107 09/27/2024 DIRECT DEPOSIT DANIELS, DOUGLAS 1,245.81 413108 09/27/2024 DIRECT DEPOSIT GLITZ, WILLIAM 975.55 413109 09/27/2024 DIRECT DEPOSIT ROHRER, RYLEE 453.10 413110 09/27/2024 DIRECT DEPOSIT SCHREIBER, KEVIN 1,091.28 413111 09/27/2024 DIRECT DEPOSIT ADAMS, SUSAN 2,349.24 413112 09/27/2024 DIRECT DEPOSIT BROWN, ASHLEY 1,388.52 413113 09/27/2024 DIRECT DEPOSIT EARMAN, JOSEPH 2,732.66 413114 09/27/2024 DIRECT DEPOSIT FLESCHER, JOSEPH 2,506.79 413115 09/27/2024 DIRECT DEPOSIT LIST, KATHY 555.46 413116 09/27/2024 DIRECT DEPOSIT LOAR, DERYL 2,420.45 413117 09/27/2024 DIRECT DEPOSIT MOIRANO, KIMBERLY 1,280.18 413118 09/27/2024 DIRECT DEPOSIT NOVAK, NATALIE 1,053.07 413118 09/27/2024 DIRECT DEPOSIT NOVAK, NATALIE 500.00 413119 09/27/2024 DIRECT DEPOSIT PLESNARSKI, LISA 1,478.05 413120 09/27/2024 DIRECT DEPOSIT STOKES, MAURA 1,577.26 413121 09/27/2024 DIRECT DEPOSIT GLANVILLE, TERESA 1,378.40 413121 09/27/2024 DIRECT DEPOSIT GLANVILLE, TERESA 241.00 413122 09/27/2024 DIRECT DEPOSIT HICKS, CHRISTOPHER 3,967.81 413123 09/27/2024 DIRECT DEPOSIT MOORE, CHRISTINA 2,328.24 413124 09/27/2024 DIRECT DEPOSIT PRADO, SUSAN 3,370.94 413124 09/27/2024 DIRECT DEPOSIT PRADO, SUSAN 250.00 413125 09/27/2024 DIRECT DEPOSIT WESTERIK, NADIA 1,857.16 413125 09/27/2024 DIRECT DEPOSIT WESTERIK, NADIA 500.00 413126 09/27/2024 DIRECT DEPOSIT LESTER, CHESNEY 2,128.01 413127 09/27/2024 DIRECT DEPOSIT MCKINLEY, KELLY 1,927.06 413128 09/27/2024 DIRECT DEPOSIT RAMIREZ, REBECCA 1,474.44 413129 09/27/2024 DIRECT DEPOSIT ROSE, CARSON 1,582.63 413130 09/27/2024 DIRECT DEPOSIT STAUDT, MICHAEL 2,325.74 40 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413131 09/27/2024 DIRECT DEPOSIT TRAMEL, PATRICK 2,079.03 413132 09/27/2024 DIRECT DEPOSIT VIETZE, MARK 2,006.70 413133 09/27/2024 DIRECT DEPOSIT AMATO, JAMES 950.46 413134 09/27/2024 DIRECT DEPOSIT BOONE, BLAKE 207.05 413135 09/27/2024 DIRECT DEPOSIT BOSTICK, LINDA 563.05 413136 09/27/2024 DIRECT DEPOSIT BOWEN,ISABELLA 166.74 413137 09/27/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 179.56 413137 09/27/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 269.34 413138 09/27/2024 DIRECT DEPOSIT DAVIDIAN, SAGE 253.79 413139 09/27/2024 DIRECT DEPOSIT GERNER, J05HUA 430.80 413140 09/27/2024 DIRECT DEPOSIT GRAY, STEVEN 392.21 413141 09/27/2024 DIRECT DEPOSIT HAUPT, ROSA 746.52 413142 09/27/2024 DIRECT DEPOSIT HEINZE, DONALD 950.11 413143 09/27/2024 DIRECT DEPOSIT HENDRICKSEN, TYLER 283.85 413144 09/27/2024 DIRECT DEPOSIT LANCASTER, CORBIN 144.03 413145 09/27/2024 DIRECT DEPOSIT MANGUS, ISABELLA 564.09 413146 09/27/2024 DIRECT DEPOSIT MAYORGA, MARCO 314.09 413147 09/27/2024 DIRECT DEPOSIT MINTEL, MATTHEW 374.01 413148 09/27/2024 DIRECT DEPOSIT O'NEILL, BRANDON 685.43 413148 09/27/2024 DIRECT DEPOSIT O'NEILL, BRANDON 685.43 413149 09/27/2024 DIRECT DEPOSIT ROHRER, MAREENA 197.58 413149 09/27/2024 DIRECT DEPOSIT ROHRER, MAREENA 592.75 413150 09/27/2024 DIRECT DEPOSIT RUVANE, TAYVIA 1,753.76 413151 09/27/2024 DIRECT DEPOSIT SERVAITES, THOMAS 286.49 413152 09/27/2024 DIRECT DEPOSIT SHARKEY, ROBERT 791.13 413153 09/27/2024 DIRECT DEPOSIT SHELDON, GAGE 526.50 413154 09/27/2024 DIRECT DEPOSIT SILVIO, SARAH 588.62 413155 09/27/2024 DIRECT DEPOSIT SIMPSON, ANDREW 486.67 413156 09/27/2024 DIRECT DEPOSIT SPARROW-VOORHEES, TABATHA 1,095.44 413157 09/27/2024 DIRECT DEPOSIT STORTS, HOLDEN 417.70 413158 09/27/2024 DIRECT DEPOSIT VASQUEZ, ODDY 469.42 413159 09/27/2024 DIRECT DEPOSIT WAGNER, FREDERICK 934.19 413160 09/27/2024 DIRECT DEPOSIT BAKER, MURRAY 839.02 413161 09/27/2024 DIRECT DEPOSIT COUSINO, HEATHER 548.60 413162 09/27/2024 DIRECT DEPOSIT DAWKINS, WALKER 435.39 413163 09/27/2024 DIRECT DEPOSIT GIBSON, CHASTITY 50.00 413163 09/27/2024 DIRECT DEPOSIT GIBSON, CHASTITY 10.00 413163 09/27/2024 DIRECT DEPOSIT GIBSON, CHASTITY 625.84 413164 09/27/2024 DIRECT DEPOSIT LAURO, HELEN 641.18 413165 09/27/2024 DIRECT DEPOSIT LEFEBURE, ANNABELLE 623.18 413166 09/27/2024 DIRECT DEPOSIT LEFEBURE, LEVI 568.85 413167 09/27/2024 DIRECT DEPOSIT LOCY, EMILY 1,380.63 413167 09/27/2024 DIRECT DEPOSIT LOCY, EMILY 50.00 413168 09/27/2024 DIRECT DEPOSIT MARLEAU, KATIE 2,062.31 413169 09/27/2024 DIRECT DEPOSIT MULLEN, LYLAH 257.36 413170 09/27/2024 DIRECT DEPOSIT RAULERSON, SPRING 501.84 413171 09/27/2024 DIRECT DEPOSIT ROACHE, DEBRA 512.90 413172 09/27/2024 DIRECT DEPOSIT SERVAITES, GREGG 1,555.92 413173 09/27/2024 DIRECT DEPOSIT SNEE, JACKSON 371.38 413174 09/27/2024 DIRECT DEPOSIT SPARKS, KENDALL 379.68 413175 09/27/2024 DIRECT DEPOSIT TRENT, CECIL 694.48 413176 09/27/2024 DIRECT DEPOSIT CAROW, ELAINE 1,312.38 413177 09/27/2024 DIRECT DEPOSIT COWAN, DONALD 1,147.84 413178 09/27/2024 DIRECT DEPOSIT DOUGLAS, EUGENE 368.69 413179 09/27/2024 DIRECT DEPOSIT EISWERTH, SARAH 982.14 413180 09/27/2024 DIRECT DEPOSIT FADAYOMI, BENJAMIN 500.12 413181 09/27/2024 DIRECT DEPOSIT HEBELER, SANDRA 1,121.52 41 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413182 09/27/2024 DIRECT DEPOSIT JONES, ALFRED 402.74 413183 09/27/2024 DIRECT DEPOSIT JURAD, DREW 1,699.08 413184 09/27/2024 DIRECT DEPOSIT KREBS, JILL 1,929.98 413185 09/27/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 500.00 413185 09/27/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 1,118.31 413186 09/27/2024 DIRECT DEPOSIT REDFERN, RICHARD 389.72 413186 09/27/2024 DIRECT DEPOSIT REDFERN, RICHARD 97.43 413187 09/27/2024 DIRECT DEPOSIT SCHLEICH, MARK 19.94 413188 09/27/2024 DIRECT DEPOSIT SMITH, DAVID 2,811.43 413188 09/27/2024 DIRECT DEPOSIT SMITH, DAVID 100.00 413189 09/27/2024 DIRECT DEPOSIT TILTON, JOSEPH 250.00 413189 09/27/2024 DIRECT DEPOSIT TILTON, JOSEPH 2,277.09 413190 09/27/2024 DIRECT DEPOSIT BINEGAR, AMBER 484.63 413191 09/27/2024 DIRECT DEPOSIT BOWKER, JACQUELINE 1,228.67 413192 09/27/2024 DIRECT DEPOSIT BROWN, ARIEL 1,015.09 413193 09/27/2024 DIRECT DEPOSIT BUSKIRK, KITTIE 1,639.27 413194 09/27/2024 DIRECT DEPOSIT COLE, KAREN 1,466.84 413195 09/27/2024 DIRECT DEPOSIT FARBER, ASHLEY 712.35 413196 09/27/2024 DIRECT DEPOSIT FOKX, PAOLA 637.90 413197 09/27/2024 DIRECT DEPOSIT GOODEN, TRAVIS 1,030.78 413198 09/27/2024 DIRECT DEPOSIT HADSELL, DARLENE 1,917.20 413199 09/27/2024 DIRECT DEPOSIT HECKMAN, CHELSEA 1,076.36 413200 09/27/2024 DIRECT DEPOSIT HELTON, HEATHER 5.00 413200 09/27/2024 DIRECT DEPOSIT HELTON, HEATHER 1,364.40 413200 09/27/2024 DIRECT DEPOSIT HELTON, HEATHER 10.00 413201 09/27/2024 DIRECT DEPOSIT HUFF, TANYA 183.00 413201 09/27/2024 DIRECT DEPOSIT HUFF, TANYA 2,039.72 413202 09/27/2024 DIRECT DEPOSIT JUARBE, THALIA 1,015.06 413203 09/27/2024 DIRECT DEPOSIT LEE, GI 75.43 413203 09/27/2024 DIRECT DEPOSIT LEE, GI 1,206.86 413203 09/27/2024 DIRECT DEPOSIT LEE, GI 226.28 413204 09/27/2024 DIRECT DEPOSIT LESCIO, JOLENE 1,417.39 413205 09/27/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 25.00 413205 09/27/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 1,664.75 413206 09/27/2024 DIRECT DEPOSIT MCDOUGALL, STEVEN 1,444.69 413207 09/27/2024 DIRECT DEPOSIT MCKENNA, TERESA 581.55 413208 09/27/2024 DIRECT DEPOSIT MORGAN, JESSICA 764.98 413209 09/27/2024 DIRECT DEPOSIT NEAL, MARY JANE 1,073.93 413210 09/27/2024 DIRECT DEPOSIT PAGANO, SADIE 374.17 413211 09/27/2024 DIRECT DEPOSIT PAWLAK, FRANCES 1,119.96 413212 09/27/2024 DIRECT DEPOSIT PEREZ, JOSHUA 2,534.34 413213 09/27/2024 DIRECT DEPOSIT SANTOYO, ETHELYN 508.94 413214 09/27/2024 DIRECT DEPOSIT SCHOEN, ERIC 1,229.53 413215 09/27/2024 DIRECT DEPOSIT SMITH NIKITIN, KRISTIE 1,588.09 413216 09/27/2024 DIRECT DEPOSIT STENGER, ELIZABETH 2,686.44 413217 09/27/2024 DIRECT DEPOSIT TRUSS, LAWRENCE 586.94 413218 09/27/2024 DIRECT DEPOSIT WAGNER, MICHELLE 1,629.38 413219 09/27/2024 DIRECT DEPOSIT WYATT, ELIZABETH 556.03 413220 09/27/2024 DIRECT DEPOSIT ALBINI, SCOTT 542.86 413221 09/27/2024 DIRECT DEPOSIT ANDERSON, KATHERINE 1,438.73 413222 09/27/2024 DIRECT DEPOSIT BACHMANN, SANDRA 1,590.12 413223 09/27/2024 DIRECT DEPOSIT BOIKE, REBECCA 1,167.23 413224 09/27/2024 DIRECT DEPOSIT BOWMAN, KATHLEEN 2,362.82 413225 09/27/2024 DIRECT DEPOSIT ELSEBOUGH, KELLY 613.65 413226 09/27/2024 DIRECT DEPOSIT GALENTINE, TRACY 1,022.10 413227 09/27/2024 DIRECT DEPOSIT IACHINI, TAYLOR 1,050.98 413228 09/27/2024 DIRECT DEPOSIT KEATLEY, WHITNEY 585.20 42 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413229 09/27/2024 DIRECT DEPOSIT MELASI, SUSAN 1,549.95 413230 09/27/2024 DIRECT DEPOSIT PANKIEWICZ-FUCHS, PATRICIA 2,277.48 413231 09/27/2024 DIRECT DEPOSIT RATHMAN, BETHANY 383.04 413232 09/27/2024 DIRECT DEPOSIT ROSADO-RODRIGUEZ, JEFFREY 1,097.87 413233 09/27/2024 DIRECT DEPOSIT BROWNING, KATHLEEN 556.73 413234 09/27/2024 DIRECT DEPOSIT COOLER HAWK, SHANNON 1,416.03 413235 09/27/2024 DIRECT DEPOSIT FRANCIS, RICHARD 1,422.63 413236 09/27/2024 DIRECT DEPOSIT HERNANDEZ, MELISSA 574.80 413237 09/27/2024 DIRECT DEPOSIT LOWE, CYNTHIA 1,051.03 413238 09/27/2024 DIRECT DEPOSIT MCDOUGALL, HOLLIE 1,698.16 413239 09/27/2024 DIRECT DEPOSIT NEAL, BRIANNA 508.93 413240 09/27/2024 DIRECT DEPOSIT PEARSAUL, VICTORIA 782.37 413241 09/27/2024 DIRECT DEPOSIT SOBEL, KATHERINE 561.83 413242 09/27/2024 DIRECT DEPOSIT ADAMS, KEVIN 1,914.12 413243 09/27/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 828.78 413243 09/27/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 355.19 413244 09/27/2024 DIRECT DEPOSIT CASTRO, JUAN 1,015.27 413245 09/27/2024 DIRECT DEPOSIT GIANSANTI, JOHN 630.70 413246 09/27/2024 DIRECT DEPOSIT HALL, CARLY 799.08 413247 09/27/2024 DIRECT DEPOSIT SORENSON, MICHELLE 1,073.45 413248 09/27/2024 DIRECT DEPOSIT VERGARA, GUSTAVO 2,879.30 413249 09/27/2024 DIRECT DEPOSIT BILLINGS, JOHNATHAN 2,088.75 413250 09/27/2024 DIRECT DEPOSIT BONELL, CALEB 455.92 413251 09/27/2024 DIRECT DEPOSIT BROWNLEE, MATTHEW 468.34 413252 09/27/2024 DIRECT DEPOSIT COPPOLA, JOHN 214.46 413253 09/27/2024 DIRECT DEPOSIT DIAS-NOVA, DANIEL 858.20 413254 09/27/2024 DIRECT DEPOSIT DOTSEY, JOHN 1,494.27 413255 09/27/2024 DIRECT DEPOSIT FILIZZOLA NOVA, BRENO 761.41 413256 09/27/2024 DIRECT DEPOSIT FRANCOEUR, ANDREW 348.13 413257 09/27/2024 DIRECT DEPOSIT GILLIGAN, MATTHEW 1,374.19 413258 09/27/2024 DIRECT DEPOSIT HENDERSON, CHRISTOPHER 1,967.78 413259 09/27/2024 DIRECT DEPOSIT HERNANDEZ, ANTHONY 178.77 413260 09/27/2024 DIRECT DEPOSIT JENKINS, CARLOS 370.28 413261 09/27/2024 DIRECT DEPOSIT JONES, CHRISTOPHER 598.03 413262 09/27/2024 DIRECT DEPOSIT KEATON, KAMERON 1,312.71 413263 09/27/2024 DIRECT DEPOSIT LEVY, AARON 1,283.12 413263 09/27/2024 DIRECT DEPOSIT LEVY, AARON 75.00 413264 09/27/2024 DIRECT DEPOSIT LOCY, ROBBIE 324.38 413265 09/27/2024 DIRECT DEPOSIT MCDEARMID, RONALD 358.26 413266 09/27/2024 DIRECT DEPOSIT OTTO, DANIEL 1,390.60 413267 09/27/2024 DIRECT DEPOSIT PURPURA, CHRISTOPHER 1,281.13 413268 09/27/2024 DIRECT DEPOSIT RING, ERIC 1,924.56 413269 09/27/2024 DIRECT DEPOSIT WADE, FARAI 308.83 413269 09/27/2024 DIRECT DEPOSIT WADE, FARAI 132.36 413270 09/27/2024 DIRECT DEPOSIT WATKINS, CHRISTOPHER 1,608.17 413271 09/27/2024 DIRECT DEPOSIT CAGGIANO, LINDA 1,085.54 413272 09/27/2024 DIRECT DEPOSIT MATTHEWS, JESSICA 1,845.15 413273 09/27/2024 DIRECT DEPOSIT ABERNATHY, STEVE 4,940.80 413274 09/27/2024 DIRECT DEPOSIT ACCARDI, TRISTAN 428.75 413274 09/27/2024 DIRECT DEPOSIT ACCARDI, TRISTAN 1,715.00 413275 09/27/2024 DIRECT DEPOSIT ADKINS, TANISHA 1,977.22 413276 09/27/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 942.30 413276 09/27/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 1,749.99 413277 09/27/2024 DIRECT DEPOSIT ALICEA, MICHAEL 1,749.59 413278 09/27/2024 DIRECT DEPOSIT AMORTEGUI, JAIME 1,722.65 413279 09/27/2024 DIRECT DEPOSIT ANGELONE, ANDREW 1,778.90 413280 09/27/2024 DIRECT DEPOSIT ANGOTTI, JEFFREY 1,639.71 43 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413281 09/27/2024 DIRECT DEPOSIT AREYZAGA, CHY'ANN 1,458.64 413282 09/27/2024 DIRECT DEPOSIT ARNOLD, WESLEY 2,465.14 413283 09/27/2024 DIRECT DEPOSIT AYERDIS, ALEXANDER 3,075.62 413284 09/27/2024 DIRECT DEPOSIT BAILEY, JOSHUA 1,608.43 413285 09/27/2024 DIRECT DEPOSIT BAIRD, ALLISON 2,069.88 413286 09/27/2024 DIRECT DEPOSIT BARCUS, CHRISTOPHER 2,254.69 413287 09/27/2024 DIRECT DEPOSIT BARKEY, WILLIAM 3,572.94 413288 09/27/2024 DIRECT DEPOSIT BELL, DAVID 2,234.51 413289 09/27/2024 DIRECT DEPOSIT BENDER, JOSHUA 1,039.75 413289 09/27/2024 DIRECT DEPOSIT BENDER, JOSHUA 750.00 413290 09/27/2024 DIRECT DEPOSIT BERNI, CORBIN 1,986.36 413291 09/27/2024 DIRECT DEPOSIT BERNSTEIN, MICHAEL 2,934.21 413292 09/27/2024 DIRECT DEPOSIT BEUTTELL, CLIFTON 2,241.16 413293 09/27/2024 DIRECT DEPOSIT BICKFORD, CLAUDIA 2,468.54 413294 09/27/2024 DIRECT DEPOSIT BINAFIF, MAZEN 2,382.48 413295 09/27/2024 DIRECT DEPOSIT BLOCH, MATTHEW 2,156.40 413296 09/27/2024 DIRECT DEPOSIT BONHOMME, DAVE BRIAN 1,911.75 413297 09/27/2024 DIRECT DEPOSIT BOROCZKY, TAMAS 2,477.67 413298 09/27/2024 DIRECT DEPOSIT BOWDEN, CHASE 2,787.22 413299 09/27/2024 DIRECT DEPOSIT BRAMLETT, RILEY 2,264.60 413300 09/27/2024 DIRECT DEPOSIT BRENNAN, THOMAS 1,682.28 413301 09/27/2024 DIRECT DEPOSIT BREWER, CHRISTEN 200.00 413301 09/27/2024 DIRECT DEPOSIT BREWER, CHRISTEN 2,067.90 413302 09/27/2024 DIRECT DEPOSIT BROUWER, 1HONATAN 2,111.52 413303 09/27/2024 DIRECT DEPOSIT BRUNO, HARRISON 1,985.40 413304 09/27/2024 DIRECT DEPOSIT BUDERUS, CHRISTOPHER 1,638.76 413305 09/27/2024 DIRECT DEPOSIT BURKE, CHRISTOPHER 2,565.88 413306 09/27/2024 DIRECT DEPOSIT BURKE, DONALD 1,976.59 413307 09/27/2024 DIRECT DEPOSIT BURNS, BOB 2,091.04 413308 09/27/2024 DIRECT DEPOSIT BURRITT, BRIAN 1,648.20 413309 09/27/2024 DIRECT DEPOSIT BUSTAMANTE, LUIS 1,537.08 413310 09/27/2024 DIRECT DEPOSIT CAGLE, GARRETT 2,043.95 413311 09/27/2024 DIRECT DEPOSIT CALLAHAN, RYAN 3,565.02 413312 09/27/2024 DIRECT DEPOSIT CALLOWAY, JAMIE 3,178.17 413313 09/27/2024 DIRECT DEPOSIT CALZADILLA, EVAN 2,042.09 413314 09/27/2024 DIRECT DEPOSIT CAPPELEN, RYAN 2,798.16 413315 09/27/2024 DIRECT DEPOSIT CASS, JAMES 2,894.09 413316 09/27/2024 DIRECT DEPOSIT CEBRYNSKI, JOSEPH 2,183.55 413317 09/27/2024 DIRECT DEPOSIT CHISHOLM, KEITH 3,033.78 413318 09/27/2024 DIRECT DEPOSIT CICERONI, RICHARD 2,307.76 413319 09/27/2024 DIRECT DEPOSIT CLUTE, KEVIN 2,621.15 413320 09/27/2024 DIRECT DEPOSIT COBB, JOHN 2,042.67 413321 09/27/2024 DIRECT DEPOSIT COFFEY, GAVIN 2,094.04 413322 09/27/2024 DIRECT DEPOSIT COLEMAN, JACOB 1,527.09 413323 09/27/2024 DIRECT DEPOSIT COLEMAN, LEVI 2,554.28 413324 09/27/2024 DIRECT DEPOSIT COOPER, MIKAL 2,292.84 413325 09/27/2024 DIRECT DEPOSIT CORDERO, VINCENT 1,706.42 413326 09/27/2024 DIRECT DEPOSIT CORSO, JOHN 1,935.21 413327 09/27/2024 DIRECT DEPOSIT COTRONE, NICHOLAS 1,556.01 413328 09/27/2024 DIRECT DEPOSIT CRARY, WILLIAM 1,781.00 413329 09/27/2024 DIRECT DEPOSIT CRAVEN, THOMAS 1,859.65 413330 09/27/2024 DIRECT DEPOSIT CRUSE, DEVIN 1,966.94 413331 09/27/2024 DIRECT DEPOSIT CUEVAS, RUBEN 3,645.17 413332 09/27/2024 DIRECT DEPOSIT CURTIS, COREY 2,666.38 413333 09/27/2024 DIRECT DEPOSIT DAMPIER, BRADLEY 1,751.19 413334 09/27/2024 DIRECT DEPOSIT DAMPIER, BRANDON 1,844.14 413335 09/27/2024 DIRECT DEPOSIT DANCY, GARRETT 1,411.10 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413336 09/27/2024 DIRECT DEPOSIT DEBROWSKI, FRANCIS 2,039.40 413337 09/27/2024 DIRECT DEPOSIT DEKKER, ANTHONY 3,465.11 413338 09/27/2024 DIRECT DEPOSIT DEKKER, DUSTIN 2,409.64 413339 09/27/2024 DIRECT DEPOSIT DELASHMUTT, KEVIN 2,100.43 413340 09/27/2024 DIRECT DEPOSIT DELGADO, AUSTIN 1,416.19 413341 09/27/2024 DIRECT DEPOSIT DENT, RICHARD 2,588.96 413342 09/27/2024 DIRECT DEPOSIT DIAZ, NICHOLAS 3,399.02 413343 09/27/2024 DIRECT DEPOSIT DION, ROGER 2,965.37 413344 09/27/2024 DIRECT DEPOSIT DUNNE, COLIN 1,665.97 413345 09/27/2024 DIRECT DEPOSIT DUSKIN, MICHAEL 2,137.62 413346 09/27/2024 DIRECT DEPOSIT EDEN FIELD-ERNSBERGER, TRISTAN 1,779.96 413347 09/27/2024 DIRECT DEPOSIT EFFEREN, ROBERT 2,351.13 413348 09/27/2024 DIRECT DEPOSIT EIRLS, MICHAEL 2,462.28 413349 09/27/2024 DIRECT DEPOSIT ELLISON, CRAIG 2,212.50 413350 09/27/2024 DIRECT DEPOSIT ESCOBEDO, PAUL 2,037.08 413351 09/27/2024 DIRECT DEPOSIT ESKEW, BRADLEY 2,042.55 413352 09/27/2024 DIRECT DEPOSIT ESPINOZA, JAMES 1,404.49 413353 09/27/2024 DIRECT DEPOSIT ESTELHOMME, BRIAN 1,570.10 413354 09/27/2024 DIRECT DEPOSIT FARRELL, SARAH 1,926.00 413355 09/27/2024 DIRECT DEPOSIT FEBRES-CORDERO, DYLLAN 2,073.71 413355 09/27/2024 DIRECT DEPOSIT FEBRES-CORDERO, DYLLAN 750.00 413356 09/27/2024 DIRECT DEPOSIT FIELDS, DAWSON 1,538.32 413357 09/27/2024 DIRECT DEPOSIT FIGAS, AUSTIN 1,591.49 413358 09/27/2024 DIRECT DEPOSIT FIGUEROA, JULIAN 1,709.85 413359 09/27/2024 DIRECT DEPOSIT FLOOD, STEPHEN 1,693.51 413359 09/27/2024 DIRECT DEPOSIT FLOOD, STEPHEN 700.00 413360 09/27/2024 DIRECT DEPOSIT FLORES, IVAN 2,051.58 413361 09/27/2024 DIRECT DEPOSIT FLORES, JULIO 2,031.51 413362 09/27/2024 DIRECT DEPOSIT FONTANA, RYAN 1,573.58 413363 09/27/2024 DIRECT DEPOSIT FORD, BRADLEY 1,871.52 413364 09/27/2024 DIRECT DEPOSIT FORGET, JUSTIN 3,778.81 413365 09/27/2024 DIRECT DEPOSIT FOWLER, SEAN 1,526.59 413366 09/27/2024 DIRECT DEPOSIT FOX, THOMAS 35.00 413366 09/27/2024 DIRECT DEPOSIT FOX, THOMAS 2,207.42 413367 09/27/2024 DIRECT DEPOSIT FRETWELL, JASON 1,902.31 413368 09/27/2024 DIRECT DEPOSIT FUCCI, JAMES 2,531.38 413369 09/27/2024 DIRECT DEPOSIT GABBARD, KYLE 2,987.32 413370 09/27/2024 DIRECT DEPOSIT GALLEGOS, MATTHEW 3,497.31 413371 09/27/2024 DIRECT DEPOSIT GEHRING, JOELY 2,593.13 413372 09/27/2024 DIRECT DEPOSIT GIACCIO, MICHAEL 1,662.35 413373 09/27/2024 DIRECT DEPOSIT GIBBONS, SEAN 3,818.04 413374 09/27/2024 DIRECT DEPOSIT GIBBONS, TREVOR 1,913.80 413375 09/27/2024 DIRECT DEPOSIT GILL, WADE 1,428.04 413376 09/27/2024 DIRECT DEPOSIT GILLIG, JUSTIN 2,336.27 413377 09/27/2024 DIRECT DEPOSIT GOICOECHEA, YOMAYRA 2,291.40 413378 09/27/2024 DIRECT DEPOSIT GOMBOS, RICHARD 1,746.20 413379 09/27/2024 DIRECT DEPOSIT GOMEZ, J JESUS 4,097.95 413380 09/27/2024 DIRECT DEPOSIT GOMEZ, RAMIRO 1,501.50 413381 09/27/2024 DIRECT DEPOSIT GONZALEZ, JUSTIN 1,706.42 413382 09/27/2024 DIRECT DEPOSIT GOOD, MITCHELL 1,552.86 413383 09/27/2024 DIRECT DEPOSIT GOODRICH, EVYN 2,105.87 413384 09/27/2024 DIRECT DEPOSIT GOODSON, RYAN 1,511.23 413385 09/27/2024 DIRECT DEPOSIT GRANATH, JOHN 2,112.73 413386 09/27/2024 DIRECT DEPOSIT GRAUL, STEVEN 3,682.41 413387 09/27/2024 DIRECT DEPOSIT GREER, STEPHEN 3,067.37 413388 09/27/2024 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 100.00 413388 09/27/2024 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 2,763.78 45 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413389 09/27/2024 DIRECT DEPOSIT GUANCH, BRIAN 1,000.00 413389 09/27/2024 DIRECT DEPOSIT GUANCH, BRIAN 1,527.51 413390 09/27/2024 DIRECT DEPOSIT HACKLER, SPENCER 2,261.04 413391 09/27/2024 DIRECT DEPOSIT HAFFIELD, BRANDON 1,863.24 413392 09/27/2024 DIRECT DEPOSIT HAMILTON, CAMERON 1,691.56 413393 09/27/2024 DIRECT DEPOSIT HARKNESS, STEPHEN 2,077.60 413394 09/27/2024 DIRECT DEPOSIT HARLEY-OPPEL, KYLER 1,573.59 413395 09/27/2024 DIRECT DEPOSIT HARRIS, HEATH 2,663.69 413396 09/27/2024 DIRECT DEPOSIT HASKAS, STAMATIS 1,401.30 413397 09/27/2024 DIRECT DEPOSIT HATTON, CASEY 2,011.67 413398 09/27/2024 DIRECT DEPOSIT HAWKINS, DUSTIN 2,530.75 413399 09/27/2024 DIRECT DEPOSIT HELINSKI, MICHAEL 1,664.20 413400 09/27/2024 DIRECT DEPOSIT HENDERSON, CYNTHIA 2,564.67 413401 09/27/2024 DIRECT DEPOSIT HENDERSON, MARIO 2,849.58 413402 09/27/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 100.00 413402 09/27/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 2,860.86 413403 09/27/2024 DIRECT DEPOSIT HINSON, CHRISTOPHER 176.83 413403 09/27/2024 DIRECT DEPOSIT HINSON, CHRISTOPHER 2,033.54 413404 09/27/2024 DIRECT DEPOSIT HOLBROOK, JAMES 2,807.94 413405 09/27/2024 DIRECT DEPOSIT HOLMES, CODY 2,213.61 413406 09/27/2024 DIRECT DEPOSIT HOLTZCLAW, KYLE 2,081.16 413407 09/27/2024 DIRECT DEPOSIT HORNER, CHAD 1,964.09 413408 09/27/2024 DIRECT DEPOSIT HOWARD, WAYNE 150.00 413408 09/27/2024 DIRECT DEPOSIT HOWARD, WAYNE 3,156.60 413409 09/27/2024 DIRECT DEPOSIT HRUSOVSKY, MCGWIRE 1,821.04 413410 09/27/2024 DIRECT DEPOSIT HUGHES, DEVON 2,217.57 413411 09/27/2024 DIRECT DEPOSIT HURTADO, DANIEL 1,940.50 413412 09/27/2024 DIRECT DEPOSIT HYDE, JACOB 2,043.51 413413 09/27/2024 DIRECT DEPOSIT ISAACSON, ERIK 2,244.73 413414 09/27/2024 DIRECT DEPOSIT JENSEN, CASEY 2,185.88 413415 09/27/2024 DIRECT DEPOSIT JONES, CHRISTOPHER 2,210.84 413416 09/27/2024 DIRECT DEPOSIT JONES, DALTON 1,809.24 413417 09/27/2024 DIRECT DEPOSIT JONES, LAVIGNE 2,299.37 413418 09/27/2024 DIRECT DEPOSIT JUDSON, JASON 2,321.47 413419 09/27/2024 DIRECT DEPOSIT KAHL, BRANDON 50.00 413419 09/27/2024 DIRECT DEPOSIT KAHL, BRANDON 2,645.73 413420 09/27/2024 DIRECT DEPOSIT KARPINSKI, DODGE 2,363.56 413421 09/27/2024 DIRECT DEPOSIT KEARNS, OLIVER 1,493.51 413422 09/27/2024 DIRECT DEPOSIT KIERNAN, DAVID 3,001.34 413423 09/27/2024 DIRECT DEPOSIT KING, JOSEPH 1,386.76 413423 09/27/2024 DIRECT DEPOSIT KING, JOSEPH 600.00 413424 09/27/2024 DIRECT DEPOSIT KLAUSE, SHEENA 2,117.20 413425 09/27/2024 DIRECT DEPOSIT KOFKE, KYLE 1,000.00 413425 09/27/2024 DIRECT DEPOSIT KOFKE, KYLE 2,984.35 413426 09/27/2024 DIRECT DEPOSIT KOVATCH, NATHAN 2,393.68 413427 09/27/2024 DIRECT DEPOSIT KRAFT, MATTHEW 1,548.34 413428 09/27/2024 DIRECT DEPOSIT KRUEGER, RYAN 2,239.11 413429 09/27/2024 DIRECT DEPOSIT LAMANA, PARRIS 1,157.56 413430 09/27/2024 DIRECT DEPOSIT LANG, GEOFFREY 250.00 413430 09/27/2024 DIRECT DEPOSIT LANG, GEOFFREY 2,199.03 413431 09/27/2024 DIRECT DEPOSIT LEGLEITNER, CHANDLER 1,537.84 413432 09/27/2024 DIRECT DEPOSIT LEWIS, BRAD 2,097.78 413433 09/27/2024 DIRECT DEPOSIT LLOYD, JAMES 2,088.12 413434 09/27/2024 DIRECT DEPOSIT LOGSDON, TYLER 2,536.22 413435 09/27/2024 DIRECT DEPOSIT LONDONO, ISAAC 2,322.70 413436 09/27/2024 DIRECT DEPOSIT LOPEZ, ANTONIO 1,920.10 413437 09/27/2024 DIRECT DEPOSIT LOPEZ, ERIC 3,384.07 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413438 09/27/2024 DIRECT DEPOSIT LOPEZ, JUAN 1,793.33 413439 09/27/2024 DIRECT DEPOSIT LOUDERMILK, JEFFREY 1,928.59 413440 09/27/2024 DIRECT DEPOSIT LUCAS, DAVID 1,668.41 413441 09/27/2024 DIRECT DEPOSIT MACKINNON, JENNIFER 2,698.92 413442 09/27/2024 DIRECT DEPOSIT MAGUIRE, KEVIN 1,943.35 413443 09/27/2024 DIRECT DEPOSIT MAHAN, STEVEN 2,375.01 413444 09/27/2024 DIRECT DEPOSIT MARCHESINI, TODD 2,150.95 413445 09/27/2024 DIRECT DEPOSIT MARINI, STEVEN 1,480.75 413446 09/27/2024 DIRECT DEPOSIT MARQUES, CARLO 2,444.44 413447 09/27/2024 DIRECT DEPOSIT MARQUES, GABRIELLE 1,655.73 413448 09/27/2024 DIRECT DEPOSIT MARTINEZ, ALYSSA 1,851.89 413449 09/27/2024 DIRECT DEPOSIT MARTINEZ, GABRIEL 1,706.42 413450 09/27/2024 DIRECT DEPOSIT MASON, BRETT 1,866.24 413451 09/27/2024 DIRECT DEPOSIT MASTERS, DANIEL 2,177.60 413452 09/27/2024 DIRECT DEPOSIT MATHERLY, CHRISTOPHER 2,659.82 413453 09/27/2024 DIRECT DEPOSIT MAZZOLA, MICHAEL 2,129.04 413454 09/27/2024 DIRECT DEPOSIT MCAULIFFE, COLBY 2,086.15 413455 09/27/2024 DIRECT DEPOSIT MCCABE, BENJAMIN 1,727.22 413456 09/27/2024 DIRECT DEPOSIT MCCORMACK, SEAN 3,402.38 413457 09/27/2024 DIRECT DEPOSIT MCGINN, MATTHEW 1,853.89 413458 09/27/2024 DIRECT DEPOSIT MCLEOD, CODY 1,585.29 413459 09/27/2024 DIRECT DEPOSIT MCVAY, CHRISTOPHER 2,101.04 413460 09/27/2024 DIRECT DEPOSIT MEDINA,NICKOLAS 2,094.93 413461 09/27/2024 DIRECT DEPOSIT MEILAN, TOMAS 2,980.05 413462 09/27/2024 DIRECT DEPOSIT METZ, GIANNA 2,325.40 413463 09/27/2024 DIRECT DEPOSIT METZ, MATTHEW 2,310.24 413464 09/27/2024 DIRECT DEPOSIT MEYERS, KYLE 2,018.23 413465 09/27/2024 DIRECT DEPOSIT MINCHEVA, TSVETELINA 1,600.20 413466 09/27/2024 DIRECT DEPOSIT MINNS, KYLE 2,074.12 413467 09/27/2024 DIRECT DEPOSIT MIXON, SEAN 1,530.29 413468 09/27/2024 DIRECT DEPOSIT MONTPETIT, CHRISTOPHER 1,451.54 413469 09/27/2024 DIRECT DEPOSIT MOONEY, KEVIN 2,074.69 413469 09/27/2024 DIRECT DEPOSIT MOONEY, KEVIN 300.00 413470 09/27/2024 DIRECT DEPOSIT MORRIS, JOSHUA 2,737.93 413471 09/27/2024 DIRECT DEPOSIT MORRIS, NICOLE 2,793.24 413472 09/27/2024 DIRECT DEPOSIT MORRISON, JAMES 2,030.63 413473 09/27/2024 DIRECT DEPOSIT MOYER, HANNAH 2,556.28 413474 09/27/2024 DIRECT DEPOSIT MURPHY, ANDREW 1,895.67 413475 09/27/2024 DIRECT DEPOSIT NACHREINER, BRYCE 1,874.28 413476 09/27/2024 DIRECT DEPOSIT NADOLNY, VINCENT 2,457.97 413477 09/27/2024 DIRECT DEPOSIT NIELSEN, ALEX 2,101.60 413478 09/27/2024 DIRECT DEPOSIT NOGAREDA, JORDAN 2,133.25 413479 09/27/2024 DIRECT DEPOSIT NOHRR, JULI 2,885.13 413480 09/27/2024 DIRECT DEPOSIT NORAT, ALEXANDER 2,135.91 413481 09/27/2024 DIRECT DEPOSIT OCONNOR, JOHN 2,598.69 413482 09/27/2024 DIRECT DEPOSIT OHLER, MARK 1,565.43 413483 09/27/2024 DIRECT DEPOSIT OLIVER, LUKE 2,337.98 413484 09/27/2024 DIRECT DEPOSIT ORTIZ, TAYLOR 1,135.52 413484 09/27/2024 DIRECT DEPOSIT ORTIZ, TAYLOR 150.00 413485 09/27/2024 DIRECT DEPOSIT OSGOOD, DAVID 2,069.50 413486 09/27/2024 DIRECT DEPOSIT OSTERMAN, TYLER 1,173.82 413486 09/27/2024 DIRECT DEPOSIT OSTERMAN, TYLER 293.46 413487 09/27/2024 DIRECT DEPOSIT PARKER, RYAN 3,021.14 413488 09/27/2024 DIRECT DEPOSIT PARKER, TYLER 2,775.99 413489 09/27/2024 DIRECT DEPOSIT PARKERSON, BRANDON 1,743.79 413490 09/27/2024 DIRECT DEPOSIT PARRIS, RYAN 1,796.78 413491 09/27/2024 DIRECT DEPOSIT PATTERSON, RYAN 1,713.31 47 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413492 09/27/2024 DIRECT DEPOSIT PEDONTI, ZACHARY 2,388.91 413493 09/27/2024 DIRECT DEPOSIT PENA, ADAN 1,866.01 413494 09/27/2024 DIRECT DEPOSIT PENA, JONATHAN 1,239.32 413495 09/27/2024 DIRECT DEPOSIT PEREZ, ALEXANDER 1,726.42 413496 09/27/2024 DIRECT DEPOSIT PERRY, SEAN 1,939.63 413497 09/27/2024 DIRECT DEPOSIT PHAN, BRANDON 1,844.43 413498 09/27/2024 DIRECT DEPOSIT PLOURDE, HUNTER 2,027.35 413499 09/27/2024 DIRECT DEPOSIT POLLY,DONNIE 2,114.68 413500 09/27/2024 DIRECT DEPOSIT PORTER, TODD 612.07 413500 09/27/2024 DIRECT DEPOSIT PORTER, TODD 1,836.22 413501 09/27/2024 DIRECT DEPOSIT POWELL, STEVEN 2,246.45 413502 09/27/2024 DIRECT DEPOSIT PRESSLEY, JASON 2,276.98 413503 09/27/2024 DIRECT DEPOSIT QUIGLEY, BRENNAN 3,391.51 413504 09/27/2024 DIRECT DEPOSIT RAMIREZ, SELENA 1,800.92 413505 09/27/2024 DIRECT DEPOSIT RAMSEY, RYAN 1,379.83 413506 09/27/2024 DIRECT DEPOSIT RATTRAY, APRIL 2,997.88 413507 09/27/2024 DIRECT DEPOSIT RATTRAY, DAVID 3,740.79 413508 09/27/2024 DIRECT DEPOSIT RAULERSON, JAMESON 2,779.92 413509 09/27/2024 DIRECT DEPOSIT REARDON, JONATHAN 2,553.34 413510 09/27/2024 DIRECT DEPOSIT REY, DANIEL 1,636.22 413511 09/27/2024 DIRECT DEPOSIT REYES, LUIS 2,242.07 413512 09/27/2024 DIRECT DEPOSIT RICHARDS, BRADLEY 1,980.42 413513 09/27/2024 DIRECT DEPOSIT RICHTER, JOSEPH 2,672.39 413514 09/27/2024 DIRECT DEPOSIT RIVAS, ROBERT 2,578.76 413515 09/27/2024 DIRECT DEPOSIT ROBERTS, BRYAN 2,090.61 413516 09/27/2024 DIRECT DEPOSIT ROBERTSON, ZACHARY 2,490.93 413517 09/27/2024 DIRECT DEPOSIT ROBINSON, JORDAN 1,686.77 413518 09/27/2024 DIRECT DEPOSIT ROBINSON, MARCUS 2,492.27 413519 09/27/2024 DIRECT DEPOSIT RODRIGUEZ, JATNIEL 1,758.50 413520 09/27/2024 DIRECT DEPOSIT ROTH, NICOLE 1,356.00 413521 09/27/2024 DIRECT DEPOSIT RUFF, CODY 2,148.78 413522 09/27/2024 DIRECT DEPOSIT RULE, MICHAEL 3,657.91 413523 09/27/2024 DIRECT DEPOSIT RUSSELL, DEREK 2,436.46 413524 09/27/2024 DIRECT DEPOSIT SALMON, JOHN 1,624.24 413525 09/27/2024 DIRECT DEPOSIT SANSONE, MICHAEL 2,680.16 413526 09/27/2024 DIRECT DEPOSIT SANTIAGO, JOSHUA 2,058.30 413527 09/27/2024 DIRECT DEPOSIT SAPP, JULIA 2,105.70 413528 09/27/2024 DIRECT DEPOSIT SCHAUMAN, ADAM 2,617.34 413529 09/27/2024 DIRECT DEPOSIT SCHILLING, THOMAS 4,371.29 413530 09/27/2024 DIRECT DEPOSIT SCHLOESSER, STEVEN 1,860.76 413531 09/27/2024 DIRECT DEPOSIT SHIELDS, WILLIAM 2,145.02 413532 09/27/2024 DIRECT DEPOSIT SHULTS, DEREK 3,094.90 413533 09/27/2024 DIRECT DEPOSIT SIMONS, BRADLEY 150.00 413533 09/27/2024 DIRECT DEPOSIT SIMONS, BRADLEY 1,974.94 413534 09/27/2024 DIRECT DEPOSIT SIMS, CHRISTINA 1,808.37 413535 09/27/2024 DIRECT DEPOSIT SINAGRA, MARC 2,034.41 413536 09/27/2024 DIRECT DEPOSIT SKOK, ROBERT 1,998.78 413537 09/27/2024 DIRECT DEPOSIT SLACK, JOSEPH 1,823.90 413538 09/27/2024 DIRECT DEPOSIT SMITH, BRYANT 1,505.18 413539 09/27/2024 DIRECT DEPOSIT SMITH, JARED 2,220.84 413540 09/27/2024 DIRECT DEPOSIT SMITH, KAREN 2,355.63 413541 09/27/2024 DIRECT DEPOSIT SMITH, MICHAEL 1,673.92 413542 09/27/2024 DIRECT DEPOSIT SMITH, STEPHEN 2,246.12 413543 09/27/2024 DIRECT DEPOSIT SPARKMAN, CODY 2,769.91 413544 09/27/2024 DIRECT DEPOSIT SPRENGER, CONSTANT 1,876.85 413545 09/27/2024 DIRECT DEPOSIT SPRINGER, MORRIS 2,214.82 413546 09/27/2024 DIRECT DEPOSIT STAMM, JESSICA 1,725.02 48 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413547 09/27/2024 DIRECT DEPOSIT STANFORD, BRIAN 1,950.83 413548 09/27/2024 DIRECT DEPOSIT STEELE, JOSHUA 2,671.00 413549 09/27/2024 DIRECT DEPOSIT STENGER, ANDREW 3,842.34 413550 09/27/2024 DIRECT DEPOSIT STEPHENS, TRAVIS 2,777.84 413551 09/27/2024 DIRECT DEPOSIT STEPHENS, ZACHARIA 2,852.95 413552 09/27/2024 DIRECT DEPOSIT STOTT, JESSICA 2,379.63 413553 09/27/2024 DIRECT DEPOSIT STURTEVANT, MARC 2,221.32 413554 09/27/2024 DIRECT DEPOSIT SWEATT, CODY 1,852.70 413555 09/27/2024 DIRECT DEPOSIT THOMPSON, CLINTON 1,565.99 413556 09/27/2024 DIRECT DEPOSIT THOMPSON, GRIFFIN 1,799.56 413557 09/27/2024 DIRECT DEPOSIT THOMPSON, ROBERT 1,626.61 413558 09/27/2024 DIRECT DEPOSIT THOMPSON, RUSSELL 2,641.64 413559 09/27/2024 DIRECT DEPOSIT TIERNEY, PATRICK 2,776.56 413560 09/27/2024 DIRECT DEPOSIT TOBIN, JUSTIN 3,289.31 413561 09/27/2024 DIRECT DEPOSIT TRENT, CHRISTOPHER 3,480.57 413562 09/27/2024 DIRECT DEPOSIT TROSKA, HUNTER 2,346.83 413563 09/27/2024 DIRECT DEPOSIT TURPIN, JENA 1,895.98 413564 09/27/2024 DIRECT DEPOSIT URSULEAN, FLORIN 2,709.35 413565 09/27/2024 DIRECT DEPOSIT URSULEAN, ZACHARY 1,473.42 413566 09/27/2024 DIRECT DEPOSIT USHER, ADAM 2,141.20 413567 09/27/2024 DIRECT DEPOSIT VELAZQUEZ, JOSHUA 1,722.65 413568 09/27/2024 DIRECT DEPOSIT VELIE, ANTHONY 2,334.30 413569 09/27/2024 DIRECT DEPOSIT WAGNER, BRANDON 2,075.48 413570 09/27/2024 DIRECT DEPOSIT WALKER, RODERICK 1,431.57 413571 09/27/2024 DIRECT DEPOSIT WALKER, TYLER 1,839.38 413572 09/27/2024 DIRECT DEPOSIT WALLACE, JEREMY 2,396.93 413573 09/27/2024 DIRECT DEPOSIT WALLS, JOSEPH 2,340.27 413574 09/27/2024 DIRECT DEPOSIT WATKINS, BENJAMIN 2,221.21 413575 09/27/2024 DIRECT DEPOSIT WEAVER, TYLER 1,930.24 413576 09/27/2024 DIRECT DEPOSIT WELLS, MICHAEL 2,229.96 413577 09/27/2024 DIRECT DEPOSIT WELTER, JOSHUA 3,273.66 413578 09/27/2024 DIRECT DEPOSIT WENZEL, JACOB 1,833.78 413579 09/27/2024 DIRECT DEPOSIT WEST, RILEY 1,083.89 413579 09/27/2024 DIRECT DEPOSIT WEST, RILEY 464.52 413580 09/27/2024 DIRECT DEPOSIT WEST, ROSE 988.28 413581 09/27/2024 DIRECT DEPOSIT WESTERMAN, JAMES 2,150.46 413582 09/27/2024 DIRECT DEPOSIT WHITE, KEVIN 2,377.23 413583 09/27/2024 DIRECT DEPOSIT WILLMOT, WILLIAM 3,315.25 413584 09/27/2024 DIRECT DEPOSIT WILSNACK, ALEXANDER 3,092.40 413SSS 09/27/2024 DIRECT DEPOSIT WILSON, NEIL 3,023.70 413586 09/27/2024 DIRECT DEPOSIT WOODWARD, EDWARD 871.54 413587 09/27/2024 DIRECT DEPOSIT ZAVALA, ADRIAN 2,221.64 413588 09/27/2024 DIRECT DEPOSIT ZEDEK, STACY 2,387.74 413589 09/27/2024 DIRECT DEPOSIT PACHECO-NOEL, MARCELA 2,051.29 413590 09/27/2024 DIRECT DEPOSIT BRADLEY, DANIEL 1,363.30 413591 09/27/2024 DIRECT DEPOSIT RACKARD, KAREN 2,156.48 413592 09/27/2024 DIRECT DEPOSIT BERGMAN, QUINTIN 1,986.54 413593 09/27/2024 DIRECT DEPOSIT STUCZYNSKI, JESSICA 1,813.79 413594 09/27/2024 DIRECT DEPOSIT VANGEISON, DUSTIN 1,896.56 413595 09/27/2024 DIRECT DEPOSIT APPLEGATE, JAMES 364.20 413596 09/27/2024 DIRECT DEPOSIT BENSON, SHAWN 739.57 413597 09/27/2024 DIRECT DEPOSIT BOWLER, NANCY 50.00 413597 09/27/2024 DIRECT DEPOSIT BOWLER, NANCY 1,161.31 413598 09/27/2024 DIRECT DEPOSIT COX, BRANDON 1,234.83 413599 09/27/2024 DIRECT DEPOSIT DUNHAM, TREVOR 669.59 413600 09/27/2024 DIRECT DEPOSIT HALLOWELL, MICHAEL 695.42 413601 09/27/2024 DIRECT DEPOSIT HEFFNER, KEITH 803.53 49 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413602 09/27/2024 DIRECT DEPOSIT MALDONADO, ELI 629.73 413603 09/27/2024 DIRECT DEPOSIT RAMMEL, LORELEI 831.46 413604 09/27/2024 DIRECT DEPOSIT SELDES, JERROLD 2,491.89 413605 09/27/2024 DIRECT DEPOSIT SIRILLA, JOSEPH 767.43 413606 09/27/2024 DIRECT DEPOSIT SMITH, MICHAEL 749.00 413607 09/27/2024 DIRECT DEPOSIT TALARICO, FRANK 619.95 413608 09/27/2024 DIRECT DEPOSIT VACCARO, MICHAEL 720.99 413609 09/27/2024 DIRECT DEPOSIT WHITE, JOSEPH 1,687.41 413610 09/27/2024 DIRECT DEPOSIT BUNT, NANCY 4,627.62 413611 09/27/2024 DIRECT DEPOSIT COPELAND, KATHY 2,582.31 413612 09/27/2024 DIRECT DEPOSIT COURNOYER, CHRISTINA 500.00 413612 09/27/2024 DIRECT DEPOSIT COURNOYER, CHRISTINA 1,571.40 413613 09/27/2024 DIRECT DEPOSIT TITKANICH, JOHN 5,027.44 413613 09/27/2024 DIRECT DEPOSIT TITKANICH, JOHN 1,000.00 413614 09/27/2024 DIRECT DEPOSIT VOTZI, SHEILA 300.00 413614 09/27/2024 DIRECT DEPOSIT VOTZI, SHEILA 250.00 413614 09/27/2024 DIRECT DEPOSIT VOTZI, SHEILA 50.00 413614 09/27/2024 DIRECT DEPOSIT VOTZI, SHEILA 1,145.29 413615 09/27/2024 DIRECT DEPOSIT EMERSON, CYNTHIA 4,337.45 413616 09/27/2024 DIRECT DEPOSIT MILLER, MAYA 536.00 413616 09/27/2024 DIRECT DEPOSIT MILLER, MAYA 20.00 413616 09/27/2024 DIRECT DEPOSIT MILLER, MAYA 1,009.18 413616 09/27/2024 DIRECT DEPOSIT MILLER, MAYA 150.00 413617 09/27/2024 DIRECT DEPOSIT ZITO, MICHAEL 4,744.57 413618 09/27/2024 DIRECT DEPOSIT BOYLL, SUZANNE 3,759.55 413619 09/27/2024 DIRECT DEPOSIT FAULKNER, STACY 150.00 413619 09/27/2024 DIRECT DEPOSIT FAULKNER, STACY 1,993.98 413620 09/27/2024 DIRECT DEPOSIT HILL, CHEW 1,301.74 413620 09/27/2024 DIRECT DEPOSIT HILL, CHEW 100.00 413621 09/27/2024 DIRECT DEPOSIT KING, MICHAEL 2,081.18 413622 09/27/2024 DIRECT DEPOSIT MONTEROSSO, JORDAN 1,491.48 413622 09/27/2024 DIRECT DEPOSIT MONTEROSSO, JORDAN 100.00 413623 09/27/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 625.00 413623 09/27/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 400.00 413623 09/27/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 919.91 413624 09/27/2024 DIRECT DEPOSIT O'SULLIVAN, SHEILA 200.00 413624 09/27/2024 DIRECT DEPOSIT O'SULLIVAN, SHEILA 1,799.40 413625 09/27/2024 DIRECT DEPOSIT CHAREST, KATHERINE 2,246.71 413626 09/27/2024 DIRECT DEPOSIT FREEMAN, BRIAN 3,310.67 413627 09/27/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 25.00 413627 09/27/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 100.00 413627 09/27/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 275.00 413627 09/27/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 879.86 413627 09/27/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 40.00 413628 09/27/2024 DIRECT DEPOSIT MANN, JAMES 2,046.98 413629 09/27/2024 DIRECT DEPOSIT BALTER, CHRISTOPHER 2,641.50 413630 09/27/2024 DIRECT DEPOSIT CREAGAN, BRANDON 2,559.52 413631 09/27/2024 DIRECT DEPOSIT HILL, MICHAEL 1,992.28 413632 09/27/2024 DIRECT DEPOSIT JOHNSTON, VICKIE 1,486.24 413633 09/27/2024 DIRECT DEPOSIT KLERLEIN, LEISA 1,210.61 413634 09/27/2024 DIRECT DEPOSIT MCLENDON, SCHUMETTA 1,984.15 413635 09/27/2024 DIRECT DEPOSIT MURPHY, PATRICK 2,594.44 413636 09/27/2024 DIRECT DEPOSIT OTTOSON, CARRIE 1,216.22 413637 09/27/2024 DIRECT DEPOSIT RAYNOR, DALLAS 1,353.66 413638 09/27/2024 DIRECT DEPOSIT SWEENEY, RYAN 200.00 413638 09/27/2024 DIRECT DEPOSIT SWEENEY, RYAN 2,956.46 413638 09/27/2024 DIRECT DEPOSIT SWEENEY, RYAN 200.00 50 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413639 09/27/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 330.36 413639 09/27/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 658.00 413639 09/27/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 1,500.00 413640 09/27/2024 DIRECT DEPOSIT TOOF, NICOLE 1,110.83 413641 09/27/2024 DIRECT DEPOSIT WOODY, LOGAN 1,136.56 413642 09/27/2024 DIRECT DEPOSIT ARNDT, MELISSA 1,903.68 413643 09/27/2024 DIRECT DEPOSIT AUTON, MICHELLE 1,560.72 413644 09/27/2024 DIRECT DEPOSIT BIRHANZL, JOHN 632.89 413645 09/27/2024 DIRECT DEPOSIT CLAUSS, PATRICIA 707.07 413646 09/27/2024 DIRECT DEPOSIT GINES, BARBARA 1,275.34 413647 09/27/2024 DIRECT DEPOSIT HENRY, CARRI 993.43 413648 09/27/2024 DIRECT DEPOSIT BUCK, KELLY 2,172.90 413649 09/27/2024 DIRECT DEPOSIT CARTER SOLOMON, VANESSA 165.00 413649 09/27/2024 DIRECT DEPOSIT CARTER SOLOMON, VANESSA 1,990.08 413650 09/27/2024 DIRECT DEPOSIT DRISKELL, DAPHNE 1,536.63 413651 09/27/2024 DIRECT DEPOSIT GIL, AMARIS 1,152.83 413652 09/27/2024 DIRECT DEPOSIT VAUGHT, DUSTIN 1,796.57 413653 09/27/2024 DIRECT DEPOSIT CARROLL, SHAWNA 1,328.93 413654 09/27/2024 DIRECT DEPOSIT CASANO, ELIZABETH 247.81 413654 09/27/2024 DIRECT DEPOSIT CASANO, ELIZABETH 1,404.28 413655 09/27/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 1,000.00 413655 09/27/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 3,808.28 413656 09/27/2024 DIRECT DEPOSIT JONES, DONALD 1,990.58 413657 09/27/2024 DIRECT DEPOSIT LLOYD, RYAN 3,427.27 413658 09/27/2024 DIRECT DEPOSIT MARINI, RICHARD 2,980.31 413659 09/27/2024 DIRECT DEPOSIT PRIDGEON, JENNIFER 1,744.24 413660 09/27/2024 DIRECT DEPOSIT REYES, ALICIA 1,617.34 413661 09/27/2024 DIRECT DEPOSIT REYES, ERIN 1,778.36 413662 09/27/2024 DIRECT DEPOSIT RICHARDS, DONNA 961.06 413663 09/27/2024 DIRECT DEPOSIT SMILOVICH, MICHAEL 2,214.10 413664 09/27/2024 DIRECT DEPOSIT WISHARD, SHARYNE 27.50 413664 09/27/2024 DIRECT DEPOSIT WISHARD, SHARYNE 20.00 413664 09/27/2024 DIRECT DEPOSIT WISHARD, SHARYNE 62.50 413664 09/27/2024 DIRECT DEPOSIT WISHARD, SHARYNE 1,273.40 413664 09/27/2024 DIRECT DEPOSIT WISHARD, SHARYNE 150.00 413665 09/27/2024 DIRECT DEPOSIT ARSENEAU, JASON 1,461.55 413666 09/27/2024 DIRECT DEPOSIT BARTEE, JAMES 1,621.16 413667 09/27/2024 DIRECT DEPOSIT BRISTOL, SAMUEL 890.17 413668 09/27/2024 DIRECT DEPOSIT BROWN, LOUIS 945.50 413669 09/27/2024 DIRECT DEPOSIT CASAS, RAY 1,083.52 413669 09/27/2024 DIRECT DEPOSIT CASAS, RAY 45.00 413670 09/27/2024 DIRECT DEPOSIT DEWSON, WILLIAM 1,069.48 413671 09/27/2024 DIRECT DEPOSIT DORNEY, RONALD 1,119.03 413672 09/27/2024 DIRECT DEPOSIT DUKE, JUSTIN 1,291.35 413673 09/27/2024 DIRECT DEPOSIT ELLI, ANTON 1,596.95 413674 09/27/2024 DIRECT DEPOSIT HISLE, IVAN 1,233.07 413675 09/27/2024 DIRECT DEPOSIT JASPER, RICARDO 1,527.35 413676 09/27/2024 DIRECT DEPOSIT JEFFERSON, LORENZO 1,988.48 413677 09/27/2024 DIRECT DEPOSIT KNAUER, HARVEY 1,626.70 413678 09/27/2024 DIRECT DEPOSIT LEWIS, RICCO 1,006.09 413679 09/27/2024 DIRECT DEPOSIT LUFT, MICHAEL 1,271.65 413680 09/27/2024 DIRECT DEPOSIT MIEHLE, DANIEL 1,510.12 413681 09/27/2024 DIRECT DEPOSIT MORGAN, MARQUIS 1,193.05 413682 09/27/2024 DIRECT DEPOSIT MOSLEY, IRA 1,455.75 413683 09/27/2024 DIRECT DEPOSIT NOEL, INOBERT 1,369.94 413684 09/27/2024 DIRECT DEPOSIT POWELL, ELIZABETH 50.00 413684 09/27/2024 DIRECT DEPOSIT POWELL, ELIZABETH 3,938.71 51 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413685 09/27/2024 DIRECT DEPOSIT REED, JIMMY 1,215.59 413686 09/27/2024 DIRECT DEPOSIT REESE, PAUL 852.36 413687 09/27/2024 DIRECT DEPOSIT ROSECRANTS, PHILLIP 1,005.72 413688 09/27/2024 DIRECT DEPOSIT SHEDAKER, MICHAEL 1,011.79 413689 09/27/2024 DIRECT DEPOSIT SMITH, DOUGLAS 1,533.89 413690 09/27/2024 DIRECT DEPOSIT SMITH, LORI 1,639.83 413691 09/27/2024 DIRECT DEPOSIT STAAR, MICHAEL 1,700.57 413692 09/27/2024 DIRECT DEPOSIT VENTO, JAMES 1,115.86 413693 09/27/2024 DIRECT DEPOSIT WHITE, RALPH 1,539.19 413694 09/27/2024 DIRECT DEPOSIT WOODS, DANIEL 1,365.92 413695 09/27/2024 DIRECT DEPOSIT YATES, WILLIAM 1,433.51 413696 09/27/2024 DIRECT DEPOSIT BENITO, LISSELOTTE 1,292.26 413696 09/27/2024 DIRECT DEPOSIT BENITO, LISSELOTTE 25.00 413697 09/27/2024 DIRECT DEPOSIT CATAPANO, ROBERT 1,823.47 413698 09/27/2024 DIRECT DEPOSIT KENDRICK, MEGAN 2,894.75 413699 09/27/2024 DIRECT DEPOSIT FLORIAN, YVONNE 1,275.50 413700 09/27/2024 DIRECT DEPOSIT LAZZARI ESTEVEZ, ANDREA 1,184.61 413701 09/27/2024 DIRECT DEPOSIT MORAN, MORGAN 675.00 413702 09/27/2024 DIRECT DEPOSIT MUNROE, LESLIE 125.00 413702 09/27/2024 DIRECT DEPOSIT MUNROE, LESLIE 789.58 413703 09/27/2024 DIRECT DEPOSIT AZZOLINI, DENNIS 1,626.76 413704 09/27/2024 DIRECT DEPOSIT BAKER, BENJAMIN 2,050.10 413705 09/27/2024 DIRECT DEPOSIT BALFE, RYAN 1,265.30 413706 09/27/2024 DIRECT DEPOSIT BELL, THOMAS 2,015.49 413707 09/27/2024 DIRECT DEPOSIT BERGINC, CHARLES 1,580.58 413708 09/27/2024 DIRECT DEPOSIT BESAW, BRIAN 1,236.85 413709 09/27/2024 DIRECT DEPOSIT BLUM, PHILIP 1,742.79 413710 09/27/2024 DIRECT DEPOSIT BURRELL, HARRY 1,228.05 413711 09/27/2024 DIRECT DEPOSIT CARDELL, BURKE 1,489.29 413712 09/27/2024 DIRECT DEPOSIT CONKLIN, DANIEL 1,385.61 413713 09/27/2024 DIRECT DEPOSIT COPPERSMITH, JOHN 1,273.72 413714 09/27/2024 DIRECT DEPOSIT CUNNINGHAM, TODD 1,466.67 413715 09/27/2024 DIRECT DEPOSIT CURRY, IRA 1,307.79 413716 09/27/2024 DIRECT DEPOSIT DRAWDY, PAULA 1,186.19 413717 09/27/2024 DIRECT DEPOSIT EDMOND, MAXIME 1,205.90 413718 09/27/2024 DIRECT DEPOSIT ELLIS, CHRISTIAN 1,132.76 413719 09/27/2024 DIRECT DEPOSIT FRALIX, RIDGE 1,214.62 413720 09/27/2024 DIRECT DEPOSIT GILLETTE, TRAVIS 1,143.81 413721 09/27/2024 DIRECT DEPOSIT GUERTLER, KEVIN 1,865.96 413722 09/27/2024 DIRECT DEPOSIT HANSEN, SCOTT 1,256.79 413723 09/27/2024 DIRECT DEPOSIT HATFIELD, THOMAS 1,016.10 413724 09/27/2024 DIRECT DEPOSIT HAYNES, PAUL 1,242.40 413725 09/27/2024 DIRECT DEPOSIT HICKS, TROY 1,084.74 413726 09/27/2024 DIRECT DEPOSIT HILLS, JOHNATHAN 1,124.82 413727 09/27/2024 DIRECT DEPOSIT HUBLER, DARREL 2,029.16 413728 09/27/2024 DIRECT DEPOSIT KERSHAW, DAMON 1,206.87 413729 09/27/2024 DIRECT DEPOSIT LANCE, KENNETH 27.50 413729 09/27/2024 DIRECT DEPOSIT LANCE, KENNETH 400.00 413729 09/27/2024 DIRECT DEPOSIT LANCE, KENNETH 854.44 413729 09/27/2024 DIRECT DEPOSIT LANCE, KENNETH 135.00 413730 09/27/2024 DIRECT DEPOSIT LIGUORI, JAMES 1,673.66 413731 09/27/2024 DIRECT DEPOSIT MADDOX, BOBBY 1,086.93 413732 09/27/2024 DIRECT DEPOSIT MARX, AUSTIN 1,288.25 413733 09/27/2024 DIRECT DEPOSIT MATHESON, CHRISTOPHER 1,263.93 413734 09/27/2024 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 1,503.00 413734 09/27/2024 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 385.00 413735 09/27/2024 DIRECT DEPOSIT MEND, JULIANNE 764.11 52 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413735 09/27/2024 DIRECT DEPOSIT MEND, JULIANNE 134.84 413736 09/27/2024 DIRECT DEPOSIT MILAS, BARBARA 1,499.13 413737 09/27/2024 DIRECT DEPOSIT MORSE, JEFFREY 1,848.00 413738 09/27/2024 DIRECT DEPOSIT NELSON, BRIAN 224.00 413738 09/27/2024 DIRECT DEPOSIT NELSON, BRIAN 1,430.92 413739 09/27/2024 DIRECT DEPOSIT OOLEY, DANNY 2,485.53 413740 09/27/2024 DIRECT DEPOSIT PEABODY, BRENT 1,423.75 413741 09/27/2024 DIRECT DEPOSIT REDDIE, FITZROY 1,730.90 413742 09/27/2024 DIRECT DEPOSIT ROONEY, ROBERT 1,405.50 413743 09/27/2024 DIRECT DEPOSIT SEYMOUR, SETH 1,149.41 413744 09/27/2024 DIRECT DEPOSIT SHAPIRO, ROBERT 1,365.95 413745 09/27/2024 DIRECT DEPOSIT SLEEMAN, DENISE 2,083.54 413746 09/27/2024 DIRECT DEPOSIT SOTO, EMERSON 1,661.90 413747 09/27/2024 DIRECT DEPOSIT STEPHENS, LAYNE 2,177.49 413748 09/27/2024 DIRECT DEPOSIT STEPHENS, LAYNE 1,296.19 413749 09/27/2024 DIRECT DEPOSIT SUMMERFIELD, GEORGE 1,460.08 413750 09/27/2024 DIRECT DEPOSIT TARANTINO, MARK 1,298.98 413750 09/27/2024 DIRECT DEPOSIT TARANTINO, MARK 200.00 413751 09/27/2024 DIRECT DEPOSIT TRUSTY, JAMAR 1,545.36 413752 09/27/2024 DIRECT DEPOSIT TUCKER, MATTHEW 1,188.49 413753 09/27/2024 DIRECT DEPOSIT VOLGARINO, CARL 1,438.83 413754 09/27/2024 DIRECT DEPOSIT WARD, HERSHEL 1,778.70 413755 09/27/2024 DIRECT DEPOSIT WILLIAMS, CHARLES 1,164.90 413756 09/27/2024 DIRECT DEPOSIT WILSON, WILLIAM 1,905.19 413757 09/27/2024 DIRECT DEPOSIT YOUNG, PARK 1,151.81 413758 09/27/2024 DIRECT DEPOSIT JONES, TRAVIS 1,341.75 413759 09/27/2024 DIRECT DEPOSIT LINGWOOD, ASHLEY 2,199.34 413760 09/27/2024 DIRECT DEPOSIT RODDENBERRY, OLIVIA 1,423.75 413760 09/27/2024 DIRECT DEPOSIT RODDENBERRY, OLIVIA 74.93 413761 09/27/2024 DIRECT DEPOSIT SWINDELL, WENDY 2,220.57 413762 09/27/2024 DIRECT DEPOSIT TAYLOR, JOSEPH 1,309.23 413763 09/27/2024 DIRECT DEPOSIT BALL, SHELBY 1,446.02 413764 09/27/2024 DIRECT DEPOSIT HYDE, JENNIFER 2,585.47 413765 09/27/2024 DIRECT DEPOSIT LYSTLUND, DIANE 1,924.14 413766 09/27/2024 DIRECT DEPOSIT ALLEN, NANCY 1,769.53 413767 09/27/2024 DIRECT DEPOSIT BESANCON, LAURIE 1,681.66 413768 09/27/2024 DIRECT DEPOSIT HARRINGTON, LISA 1,560.58 413769 09/27/2024 DIRECT DEPOSIT JACKSON, SHAQUALIA 1,316.43 413770 09/27/2024 DIRECT DEPOSIT JONES, RONALD 3,031.28 413771 09/27/2024 DIRECT DEPOSIT LEMONS, VALERIE 1,630.26 413772 09/27/2024 DIRECT DEPOSIT MEHTA, HIMANSHU 1,600.00 413772 09/27/2024 DIRECT DEPOSIT MEHTA, HIMANSHU 2,107.44 413773 09/27/2024 DIRECT DEPOSIT MENDEZ, MARISOL 1,317.06 413774 09/27/2024 DIRECT DEPOSIT PERSON, ANTOWAIN 1,568.88 413775 09/27/2024 DIRECT DEPOSIT STREETER, VONNIE 2,398.94 413776 09/27/2024 DIRECT DEPOSIT CASALINA, NICHOLAS 250.00 413776 09/27/2024 DIRECT DEPOSIT CASALINA, NICHOLAS 2,780.92 413777 09/27/2024 DIRECT DEPOSIT CHURCH, MICHAEL 1,972.96 413778 09/27/2024 DIRECT DEPOSIT EVERHART, COLBY 1,196.81 413779 09/27/2024 DIRECT DEPOSIT EVERHART, MARK STEVE 2,030.45 413780 09/27/2024 DIRECT DEPOSIT GARRETT, KEITH 85.00 413780 09/27/2024 DIRECT DEPOSIT GARRETT, KEITH 1,881.83 413781 09/27/2024 DIRECT DEPOSIT GEE, DAVID 2,181.88 413782 09/27/2024 DIRECT DEPOSIT GOLD, JASON 1,514.42 413783 09/27/2024 DIRECT DEPOSIT HAINES, ROBERT 1,533.77 413784 09/27/2024 DIRECT DEPOSIT LIST, TERRY 1,730.75 413785 09/27/2024 DIRECT DEPOSIT LOVEDAY, MICHAEL 2,622.49 53 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413786 09/27/2024 DIRECT DEPOSIT MATHIS, JEFF 1,638.01 413787 09/27/2024 DIRECT DEPOSIT MESSER, CHARLES 150.00 413787 09/27/2024 DIRECT DEPOSIT MESSER, CHARLES 2,623.49 413788 09/27/2024 DIRECT DEPOSIT PARILLO, TRAVIS 1,671.97 413789 09/27/2024 DIRECT DEPOSIT PATTESON, SCOTT 617.91 413789 09/27/2024 DIRECT DEPOSIT PATTESON, SCOTT 750.00 413790 09/27/2024 DIRECT DEPOSIT SMITH, LEVI 1,701.23 413791 09/27/2024 DIRECT DEPOSIT STEFFEN, KURT 255.00 413791 09/27/2024 DIRECT DEPOSIT STEFFEN, KURT 2,289.31 413792 09/27/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 45.53 413792 09/27/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 2,231.11 413793 09/27/2024 DIRECT DEPOSIT BAKER, RAYMOND 20.00 413793 09/27/2024 DIRECT DEPOSIT BAKER, RAYMOND 10.00 413793 09/27/2024 DIRECT DEPOSIT BAKER, RAYMOND 1,976.89 413793 09/27/2024 DIRECT DEPOSIT BAKER, RAYMOND 250.00 413794 09/27/2024 DIRECT DEPOSIT BEARDSLEY, JOHN 1,827.36 413795 09/27/2024 DIRECT DEPOSIT BISHOP, DANIEL 203.78 413795 09/27/2024 DIRECT DEPOSIT BISHOP, DANIEL 1,833.97 413796 09/27/2024 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 125.00 413796 09/27/2024 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 2,208.75 413797 09/27/2024 DIRECT DEPOSIT CORBETT, BRETT 1,363.30 413798 09/27/2024 DIRECT DEPOSIT CROSBY, WILLIAM 2,327.04 413799 09/27/2024 DIRECT DEPOSIT D'ANGELO, COLLEEN 2,173.32 413800 09/27/2024 DIRECT DEPOSIT DAILEY, LAWRENCE 2,432.58 413801 09/27/2024 DIRECT DEPOSIT FLOOD, DOUGLAS 402.67 413801 09/27/2024 DIRECT DEPOSIT FLOOD, DOUGLAS 1,610.70 413802 09/27/2024 DIRECT DEPOSIT FONVIELLE, JARED 2,187.62 413803 09/27/2024 DIRECT DEPOSIT LIBERUS, LEON 1,912.79 413803 09/27/2024 DIRECT DEPOSIT LIBERUS, LEON 700.00 413804 09/27/2024 DIRECT DEPOSIT O'CONNELL, TIMOTHY 2,176.78 413805 09/27/2024 DIRECT DEPOSIT QUINLIVAN, STEVEN 1,983.28 413806 09/27/2024 DIRECT DEPOSIT SCHOONMAKER, JOHN 1,670.28 413807 09/27/2024 DIRECT DEPOSIT TAPPEN, AARON 1,795.09 413808 09/27/2024 DIRECT DEPOSIT THIELE, MICHAEL 623.82 413808 09/27/2024 DIRECT DEPOSIT THIELE, MICHAEL 2,495.26 413809 09/27/2024 DIRECT DEPOSIT VERNON, MICHAEL 2,209.98 413810 09/27/2024 DIRECT DEPOSIT WALLACE, ALEXANDER 1,621.98 413811 09/27/2024 DIRECT DEPOSIT WHITEHEAD, ROBERT 1,679.90 413812 09/27/2024 DIRECT DEPOSIT BARRETT, SHANE 1,489.27 413813 09/27/2024 DIRECT DEPOSIT BELCHER, WILLIAM 2,554.25 413814 09/27/2024 DIRECT DEPOSIT DEAN, MICHELLE 1,430.79 413815 09/27/2024 DIRECT DEPOSIT DELAPAZ, NORBERTO 1,205.65 413816 09/27/2024 DIRECT DEPOSIT EVANS, TONY 1,238.29 413817 09/27/2024 DIRECT DEPOSIT GLENTON, JOHN 400.00 413817 09/27/2024 DIRECT DEPOSIT GLENTON, JOHN 1,349.21 413818 09/27/2024 DIRECT DEPOSIT HARRINGTON, RICHARD 1,182.71 413819 09/27/2024 DIRECT DEPOSIT HIBBARD, TOBY 1,654.88 413820 09/27/2024 DIRECT DEPOSIT KEMP, HAROLD 350.00 413820 09/27/2024 DIRECT DEPOSIT KEMP, HAROLD 2,694.03 413821 09/27/2024 DIRECT DEPOSIT LAMPKIN, TORYANA 1,462.06 413822 09/27/2024 DIRECT DEPOSIT LAWSON, ANDREW 3,363.38 413823 09/27/2024 DIRECT DEPOSIT LYNCH, MARKEI 1,489.71 413824 09/27/2024 DIRECT DEPOSIT MORGAN, JESSE 1,446.75 413825 09/27/2024 DIRECT DEPOSIT SIMCHICK, EDWARD 1,694.91 413826 09/27/2024 DIRECT DEPOSIT SMITH, DEWAYNE 1,352.11 413827 09/27/2024 DIRECT DEPOSIT WASHBURN, DAVID 1,261.14 413828 09/27/2024 DIRECT DEPOSIT WILES, GARY 50.00 54 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413828 09/27/2024 DIRECT DEPOSIT WILES, GARY 1,473.57 413829 09/27/2024 DIRECT DEPOSIT YARUSINSKY, SEAN 1,628.02 413830 09/27/2024 DIRECT DEPOSIT ZANCA, LEONARD 1,476.95 413831 09/27/2024 DIRECT DEPOSIT BUSH, STACEY 1,811.57 413832 09/27/2024 DIRECT DEPOSIT CARDENAS, YAIMA 1,043.86 413833 09/27/2024 DIRECT DEPOSIT MARTINEZ, SYBIA 1,115.97 413834 09/27/2024 DIRECT DEPOSIT PLOURDE, GILTON 1,496.12 413835 09/27/2024 DIRECT DEPOSIT RAMOS, ANNA 1,382.61 413836 09/27/2024 DIRECT DEPOSIT ESTRADA POSADA, MARIANA 972.27 413837 09/27/2024 DIRECT DEPOSIT CHINYANGANYA, SIPHIKELELO 2,156.07 413838 09/27/2024 DIRECT DEPOSIT LAMBERT, BRIANA 1,269.04 413839 09/27/2024 DIRECT DEPOSIT VALENTIN, JEYLAND 1,183.48 413840 09/27/2024 DIRECT DEPOSIT BOMMARITO, RUTH 200.00 413840 09/27/2024 DIRECT DEPOSIT BOMMARITO, RUTH 2,440.82 413841 09/27/2024 DIRECT DEPOSIT CABA, CECILIA 2,095.37 413842 09/27/2024 DIRECT DEPOSIT DANIELS, KRISTIN 3,486.13 413842 09/27/2024 DIRECT DEPOSIT DANIELS, KRISTIN 1,000.00 413843 09/27/2024 DIRECT DEPOSIT KRISS, ELISE 2,531.94 413844 09/27/2024 DIRECT DEPOSIT ZIRKLE, RHONDA 1,378.31 413845 09/27/2024 DIRECT DEPOSIT CHAREST, ERIC 70.00 413845 09/27/2024 DIRECT DEPOSIT CHAREST, ERIC 3,231.26 413846 09/27/2024 DIRECT DEPOSIT DRAW DY GLASS, SIDNEY 1,891.37 413847 09/27/2024 DIRECT DEPOSIT GUERRA, REBECA 2,981.61 413848 09/27/2024 DIRECT DEPOSIT HITT, STEVEN 1,704.51 413849 09/27/2024 DIRECT DEPOSIT PAVAN, EDGAR 450.03 413849 09/27/2024 DIRECT DEPOSIT PAVAN, EDGAR 700.00 413850 09/27/2024 DIRECT DEPOSIT YANCHULA, KYLIE 3,688.91 413851 09/27/2024 DIRECT DEPOSIT ADAMS, AYESHA 1,255.07 413852 09/27/2024 DIRECT DEPOSIT CARBONELL, GUILLERMO 4,028.12 413853 09/27/2024 DIRECT DEPOSIT CARD, TABITHA 1,182.96 413853 09/27/2024 DIRECT DEPOSIT CARD, TABITHA 62.26 413854 09/27/2024 DIRECT DEPOSIT CHECCHI, DAVID 1,982.93 413855 09/27/2024 DIRECT DEPOSIT CHEER, WILLIAM 2,587.96 413856 09/27/2024 DIRECT DEPOSIT CLAYBURN, GRAHAM 3,150.00 413857 09/27/2024 DIRECT DEPOSIT CLEMENTS, COLBY 2,009.76 413858 09/27/2024 DIRECT DEPOSIT COLLINS, MICHAEL 1,712.19 413859 09/27/2024 DIRECT DEPOSIT DENNIS, PETER 1,845.64 413860 09/27/2024 DIRECT DEPOSIT DERBY, NATHAN 1,870.51 413861 09/27/2024 DIRECT DEPOSIT DOUTRICH, MICHAEL 3,998.24 413862 09/27/2024 DIRECT DEPOSIT DUNKERLEY, RICK 1,529.91 413863 09/27/2024 DIRECT DEPOSIT GILBERT, KELLY 1,940.32 413864 09/27/2024 DIRECT DEPOSIT GLOWACKI, ANDREW 1,658.29 413865 09/27/2024 DIRECT DEPOSIT GREGORY, JULIE 1,488.98 413866 09/27/2024 DIRECT DEPOSIT GUTHRIE, ASHLEY 1,261.05 413867 09/27/2024 DIRECT DEPOSIT HEATH, BRIANNA 930.74 413867 09/27/2024 DIRECT DEPOSIT HEATH, BRIANNA 50.00 413868 09/27/2024 DIRECT DEPOSIT HEFFNER, SCOTT 2,800.26 413869 09/27/2024 DIRECT DEPOSIT INMAN, DANIEL 2,488.29 413870 09/27/2024 DIRECT DEPOSIT LUNDEEN, ERIKA 3,954.33 413871 09/27/2024 DIRECT DEPOSIT MARINO, APRIL 2,565.99 413872 09/27/2024 DIRECT DEPOSIT MCADAM, SCOTT 4,121.04 413873 09/27/2024 DIRECT DEPOSIT MCFARLAND, RODNEY 1,072.56 413874 09/27/2024 DIRECT DEPOSIT MORRIS, RUSSELL 2,424.19 413875 09/27/2024 DIRECT DEPOSIT MOSSMAN, RAYMOND 2,855.12 413876 09/27/2024 DIRECT DEPOSIT NEWMAN, KATHARINE 1,132.10 413877 09/27/2024 DIRECT DEPOSIT ORCEAN, KEYETTA 1,659.69 413878 09/27/2024 DIRECT DEPOSIT PEREZ, MARELYN 1,502.34 55 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413879 09/27/2024 DIRECT DEPOSIT RAMOS, NICOLAS 2,373.99 413880 09/27/2024 DIRECT DEPOSIT REEVES, CANDICE 1,720.26 413881 09/27/2024 DIRECT DEPOSIT SHAW, EVA 1,288.13 413882 09/27/2024 DIRECT DEPOSIT SHOFF, TODD 2,352.21 413883 09/27/2024 DIRECT DEPOSIT SMITH, ROBERT 2,520.97 413884 09/27/2024 DIRECT DEPOSIT VALENCIA, ALBA 2,746.66 413885 09/27/2024 DIRECT DEPOSIT ACKISON, NICHOLAS 1,740.60 413886 09/27/2024 DIRECT DEPOSIT ALEXANDER, HEATHER 1,521.95 413887 09/27/2024 DIRECT DEPOSIT BEAVERS, BRYAN 2,622.34 413888 09/27/2024 DIRECT DEPOSIT BERTON, SOLOMON 1,563.85 413889 09/27/2024 DIRECT DEPOSIT CARPENTER, PATRIC 1,553.98 413890 09/27/2024 DIRECT DEPOSIT EDDINGER, RODNEY 2,064.80 413891 09/27/2024 DIRECT DEPOSIT GORE, EDWIN 1,471.11 413892 09/27/2024 DIRECT DEPOSIT HANSEN, SUZI 200.00 413892 09/27/2024 DIRECT DEPOSIT HANSEN, SUZI 200.00 413892 09/27/2024 DIRECT DEPOSIT HANSEN, SUZI 1,168.08 413893 09/27/2024 DIRECT DEPOSIT HAWKINS, NICHOLAS 1,914.79 413894 09/27/2024 DIRECT DEPOSIT LIESKE, SEAN 4,319.94 413895 09/27/2024 DIRECT DEPOSIT MECKES, RICHARD 3,254.28 413896 09/27/2024 DIRECT DEPOSIT RICHARDS, HOWARD 4,158.70 413897 09/27/2024 DIRECT DEPOSIT ROLAND, JESSE 1,910.13 413898 09/27/2024 DIRECT DEPOSIT SHATARA, JIHAD 2,530.73 413899 09/27/2024 DIRECT DEPOSIT SMITH, MICHAEL 1,987.57 413900 09/27/2024 DIRECT DEPOSIT TOBAR, ROBERT 76.35 413900 09/27/2024 DIRECT DEPOSIT TOBAR, ROBERT 2,105.18 413901 09/27/2024 DIRECT DEPOSIT TYRPAK, CHRISTINA 1,398.34 413902 09/27/2024 DIRECT DEPOSIT VEGA, JOSE 1,803.67 413903 09/27/2024 DIRECT DEPOSIT YOUNGBLOOD, HARRISON 3,352.93 413904 09/27/2024 DIRECT DEPOSIT BUERKEL, JAMES 751.91 413905 09/27/2024 DIRECT DEPOSIT BUNNELL, JEFFREY 448.61 413906 09/27/2024 DIRECT DEPOSIT CAPPUCCIO, PATRICIA 271.55 413907 09/27/2024 DIRECT DEPOSIT CARANI, MARCO 364.20 413908 09/27/2024 DIRECT DEPOSIT CARR, DONALD 420.30 413909 09/27/2024 DIRECT DEPOSIT CLARK, JONATHAN 1,396.84 413910 09/27/2024 DIRECT DEPOSIT CONROY, JAMES 562.45 413911 09/27/2024 DIRECT DEPOSIT DONOVAN, JAMES 269.79 413912 09/27/2024 DIRECT DEPOSIT EMERY, HENRY 446.66 413913 09/27/2024 DIRECT DEPOSIT GERACI, RICHARD 394.06 413914 09/27/2024 DIRECT DEPOSIT GOSSELIN, MARC 493.63 413915 09/27/2024 DIRECT DEPOSIT GRIGSBY, JAMES 434.45 413916 09/27/2024 DIRECT DEPOSIT HEDGECOCK, KENDALL 1,359.51 413917 09/27/2024 DIRECT DEPOSIT HOOT, CHARLES 464.87 413918 09/27/2024 DIRECT DEPOSIT KENNEDY, PATRICK 408.97 413919 09/27/2024 DIRECT DEPOSIT KLERLEIN, PAUL 1,120.52 413920 09/27/2024 DIRECT DEPOSIT MAHONEY, FRANCIS 721.55 413921 09/27/2024 DIRECT DEPOSIT MAXFIELD, DONALD 678.59 413922 09/27/2024 DIRECT DEPOSIT MCMANUS, HERBERT 66.73 413923 09/27/2024 DIRECT DEPOSIT NAGY, BELA 3,228.23 413924 09/27/2024 DIRECT DEPOSIT NORRMAN, ROY 400.64 413925 09/27/2024 DIRECT DEPOSIT PINE, MARK 278.76 413926 09/27/2024 DIRECT DEPOSIT REGAN, JAMES 482.70 413927 09/27/2024 DIRECT DEPOSIT SMITH, DONALD 347.06 413928 09/27/2024 DIRECT DEPOSIT TOOF, BRIAN 638.76 413929 09/27/2024 DIRECT DEPOSIT TYNER, JAMES 485.03 413930 09/27/2024 DIRECT DEPOSIT WINDLAN, MATTHEW 534.24 413931 09/27/2024 DIRECT DEPOSIT KOZAC, MASON 1,785.75 413932 09/27/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 15.00 56 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413932 09/27/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 2,178.92 413932 09/27/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 300.00 413933 09/27/2024 DIRECT DEPOSIT BETHEL, MICHAEL 1,577.82 413934 09/27/2024 DIRECT DEPOSIT DIETRICH, ERIC 1,949.16 413935 09/27/2024 DIRECT DEPOSIT DIXON, CRESHENA 2,117.87 413936 09/27/2024 DIRECT DEPOSIT GLASS, ZACHARY 1,664.09 413937 09/27/2024 DIRECT DEPOSIT HAMBERGER, DAREN 1,991.97 413938 09/27/2024 DIRECT DEPOSIT REGI, PAULA 1,502.61 413939 09/27/2024 DIRECT DEPOSIT HISH, ANDREW 2,557.07 413940 09/27/2024 DIRECT DEPOSIT JOHNSON, SCOTT 2,738.04 413941 09/27/2024 DIRECT DEPOSIT MALDONADO, JASSON 1,706.89 413941 09/27/2024 DIRECT DEPOSIT MALDONADO, JASSON 170.00 413942 09/27/2024 DIRECT DEPOSIT MCGRADY, MICHAEL 1,778.44 413943 09/27/2024 DIRECT DEPOSIT MILLER, RACHEAL 541.25 413943 09/27/2024 DIRECT DEPOSIT MILLER, RACHEAL 1,900.00 413944 09/27/2024 DIRECT DEPOSIT PORTWOOD, ZACHARY 2,859.93 413945 09/27/2024 DIRECT DEPOSIT SCHULENBURG,KAI 1,300.43 413946 09/27/2024 DIRECT DEPOSIT TRUMBLE, JEREMY 1,748.88 413947 09/27/2024 DIRECT DEPOSIT VARGAS, JONATHAN 2,324.09 413948 09/27/2024 DIRECT DEPOSIT WILLIAMS, ADAM 2,213.71 413949 09/27/2024 DIRECT DEPOSIT BAKER, RANDY 1,875.51 413950 09/27/2024 DIRECT DEPOSIT DEMERS, ZACHARY 1,441.12 413951 09/27/2024 DIRECT DEPOSIT LEVER, EDWARD 1,551.22 413952 09/27/2024 DIRECT DEPOSIT MILLER, ROBERT LEO 1,826.98 413953 09/27/2024 DIRECT DEPOSIT NOE, REYLIND 1,169.38 413954 09/27/2024 DIRECT DEPOSIT REDMOND, LAWRENCE 1,246.26 413955 09/27/2024 DIRECT DEPOSIT STILLWAGGON, ROBERT 1,288.46 413956 09/27/2024 DIRECT DEPOSIT CLARK, LUANNE 40.00 413956 09/27/2024 DIRECT DEPOSIT CLARK, LUANNE 1,740.69 413957 09/27/2024 DIRECT DEPOSIT JAVED, ADNAN 100.00 413957 09/27/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 413957 09/27/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 413957 09/27/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 413957 09/27/2024 DIRECT DEPOSIT JAVED, ADNAN 2,791.88 413957 09/27/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 413958 09/27/2024 DIRECT DEPOSIT BOWDREN, MARIA 350.00 413958 09/27/2024 DIRECT DEPOSIT BOWDREN, MARIA 1,344.40 413959 09/27/2024 DIRECT DEPOSIT BREEN, KRISTEN 1,299.41 413960 09/27/2024 DIRECT DEPOSIT CUNDIFF, KARI 1,887.92 413961 09/27/2024 DIRECT DEPOSIT EANES, MICAH 1,572.87 413962 09/27/2024 DIRECT DEPOSIT GUYNN, ROBERT 1,949.66 413963 09/27/2024 DIRECT DEPOSIT HAMILTON, DUANE 1,870.85 413964 09/27/2024 DIRECT DEPOSIT HANSEN, KEVIN 1,706.42 413965 09/27/2024 DIRECT DEPOSIT HATALA, BROCK 1,938.91 413966 09/27/2024 DIRECT DEPOSIT HULLEN, DANIEL 2,085.05 413967 09/27/2024 DIRECT DEPOSIT INGLETT, REGINALD 2,011.76 413968 09/27/2024 DIRECT DEPOSIT KEITH, DONALD 1,739.24 413968 09/27/2024 DIRECT DEPOSIT KEITH, DONALD 350.00 413969 09/27/2024 DIRECT DEPOSIT LEIENDECKER, KIRSTIN 4,322.13 413970 09/27/2024 DIRECT DEPOSIT MASON, STACIE 1,450.02 413971 09/27/2024 DIRECT DEPOSIT MATHIS, RICHARD 550.00 413971 09/27/2024 DIRECT DEPOSIT MATHIS, RICHARD 1,346.08 413972 09/27/2024 DIRECT DEPOSIT MOORE, JEREMY 1,276.50 413973 09/27/2024 DIRECT DEPOSIT MOWER, BRADLEY 1,534.49 413974 09/27/2024 DIRECT DEPOSIT REICHENBACH, RICHARD 2,657.38 413975 09/27/2024 DIRECT DEPOSIT RILEY, MARK 1,512.37 413976 09/27/2024 DIRECT DEPOSIT ROBERTSON, CRAIG 1,036.03 57 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 413977 09/27/2024 DIRECT DEPOSIT SABOT, DENISE 1,199.68 413978 09/27/2024 DIRECT DEPOSIT SCHRYVER, DAVID 3,715.18 413979 09/27/2024 DIRECT DEPOSIT SILON, DAVID 3,205.65 413980 09/27/2024 DIRECT DEPOSIT SKOK, ROBERT 2,702.86 413981 09/27/2024 DIRECT DEPOSIT SMITH, WENDY 2,603.05 413982 09/27/2024 DIRECT DEPOSIT SNYDER, CHELSEA 1,665.38 413983 09/27/2024 DIRECT DEPOSIT SOYKA, MATTHEW 3,268.44 413984 09/27/2024 DIRECT DEPOSIT STANTON, JOHN 1,607.86 413985 09/27/2024 DIRECT DEPOSIT STIFFEN, EDWARD 200.00 413985 09/27/2024 DIRECT DEPOSIT STIFFEN, EDWARD 50.00 413985 09/27/2024 DIRECT DEPOSIT STIFFEN, EDWARD 1,605.10 413986 09/27/2024 DIRECT DEPOSIT THOMPSON, STEVEN 1,120.85 413987 09/27/2024 DIRECT DEPOSIT WILLIAMS, JILL 42.75 413987 09/27/2024 DIRECT DEPOSIT WILLIAMS, JILL 2,094.56 413988 09/27/2024 DIRECT DEPOSIT WINSLOW, MARK 3,092.90 413989 09/27/2024 DIRECT DEPOSIT FLORES, CARLOS 3,259.47 413990 09/27/2024 DIRECT DEPOSIT HELTEMES, ADAM 2,926.15 413991 09/27/2024 DIRECT DEPOSIT BLUME, JEFFREY 1,485.34 413992 09/27/2024 DIRECT DEPOSIT BURGESS, TIMOTHY 1,940.27 413993 09/27/2024 DIRECT DEPOSIT CAIN, BRANDON 1,555.07 413994 09/27/2024 DIRECT DEPOSIT DEMOSTHENE, ARIEVE 2,476.88 413995 09/27/2024 DIRECT DEPOSIT EHRHARDT, SARAH 1,237.00 413996 09/27/2024 DIRECT DEPOSIT FERGUSON, ERIK 2,846.59 413997 09/27/2024 DIRECT DEPOSIT GUENTHER, KEVIN 1,887.18 413998 09/27/2024 DIRECT DEPOSIT HALE, DANIEL 800.00 413998 09/27/2024 DIRECT DEPOSIT HALE, DANIEL 797.37 413999 09/27/2024 DIRECT DEPOSIT HOFFMAN, CHRISTOPHER 1,343.67 414000 09/27/2024 DIRECT DEPOSIT MARRONE, JOSEPH 95.64 414000 09/27/2024 DIRECT DEPOSIT MARRONE, JOSEPH 1,447.55 414001 09/27/2024 DIRECT DEPOSIT MICHAEL, ANDREW 600.00 414001 09/27/2024 DIRECT DEPOSIT MICHAEL, ANDREW 1,409.29 414002 09/27/2024 DIRECT DEPOSIT NIELSEN, RONALD 1,346.34 414003 09/27/2024 DIRECT DEPOSIT RATLIFF, JENNIFER 1,250.85 414004 09/27/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN 50.00 414004 09/27/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN 2,051.62 414005 09/27/2024 DIRECT DEPOSIT SUGDEN, CHRIS 450.00 414005 09/27/2024 DIRECT DEPOSIT SUGDEN, CHRIS 720.55 414006 09/27/2024 DIRECT DEPOSIT WHEATLEY, DAVID 972.79 414006 09/27/2024 DIRECT DEPOSIT WHEATLEY, DAVID 972.79 414007 09/27/2024 DIRECT DEPOSIT WHITTINGTON, MICHAEL 1,955.66 414008 09/27/2024 DIRECT DEPOSIT ZAYATZ, DAVID 1,198.36 414009 09/27/2024 DIRECT DEPOSIT LEY, JUDY 300.00 414009 09/27/2024 DIRECT DEPOSIT LEY, JUDY 1,218.54 414010 09/27/2024 DIRECT DEPOSIT STANTON, CYNTHIA 3,099.35 414011 09/27/2024 DIRECT DEPOSIT SECHEN, ANDREW 1,640.78 414012 09/27/2024 DIRECT DEPOSIT BOHANNON, FAITH 1,437.56 414013 09/27/2024 DIRECT DEPOSIT CONNELL, KYLE 1,113.41 414014 09/27/2024 DIRECT DEPOSIT DIXON, GERALD 1,486.49 414015 09/27/2024 DIRECT DEPOSIT HUMMEL, ERIC 2,121.47 414016 09/27/2024 DIRECT DEPOSIT LARAMIE, BRIANNA 1,247.92 414017 09/27/2024 DIRECT DEPOSIT MEAD, DERIC 1,751.52 414018 09/27/2024 DIRECT DEPOSIT OGILVIE, JASON 2,491.47 414019 09/27/2024 DIRECT DEPOSIT RIMES, BRIAN 1,446.79 414020 09/27/2024 DIRECT DEPOSIT WEST, JEFFREY 2,696.95 414021 09/27/2024 DIRECT DEPOSIT BARRETT, BRENDA 681.19 414022 09/27/2024 DIRECT DEPOSIT KELLEHER, LYNNE 989.37 414023 09/27/2024 DIRECT DEPOSIT LOBO, EDWINA 510.83 58 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 414024 09/27/2024 DIRECT DEPOSIT BROWN, JILL 916.63 414025 09/27/2024 DIRECT DEPOSIT FLAK, SUSAN 1,905.01 414026 09/27/2024 DIRECT DEPOSIT ALEXA, MICHELE 1,906.25 414027 09/27/2024 DIRECT DEPOSIT BLAKE, SYDNEY 1,178.19 414028 09/27/2024 DIRECT DEPOSIT BROWN, JAMEKA 1,395.92 414029 09/27/2024 DIRECT DEPOSIT CHAMBERS, JASON 1,087.80 414030 09/27/2024 DIRECT DEPOSIT DEVITIS, CRISTI 1,198.09 414031 09/27/2024 DIRECT DEPOSIT FISHER, GEORGE 1,862.42 414032 09/27/2024 DIRECT DEPOSIT GAGNON, SHAWN 1,912.87 414033 09/27/2024 DIRECT DEPOSIT GIBSON, JAMES 100.00 414033 09/27/2024 DIRECT DEPOSIT GIBSON, JAMES 1,398.56 414034 09/27/2024 DIRECT DEPOSIT GILMER, THOMAS 1,431.88 414035 09/27/2024 DIRECT DEPOSIT GOMEZ MORENO, DIANA 250.00 414035 09/27/2024 DIRECT DEPOSIT GOMEZ MORENO, DIANA 1,019.05 414036 09/27/2024 DIRECT DEPOSIT HERRON, LAURA 1,008.82 414037 09/27/2024 DIRECT DEPOSIT HOUSING, ERICA 1,466.17 414038 09/27/2024 DIRECT DEPOSIT HUDSON, ANDREA 1,123.27 414039 09/27/2024 DIRECT DEPOSIT JOHNSON, BENJAMIN 1,646.24 414040 09/27/2024 DIRECT DEPOSIT KNIEF, MARK 1,585.94 414041 09/27/2024 DIRECT DEPOSIT LLOYD, HEATHER 1,817.99 414042 09/27/2024 DIRECT DEPOSIT MACKEY, MISTY 1,240.45 414043 09/27/2024 DIRECT DEPOSIT MARTIN, ANGELA 1,168.90 414044 09/27/2024 DIRECT DEPOSIT MROTZ,LO0ONNIE 1,134.35 414045 09/27/2024 DIRECT DEPOSIT NOVAK, TRISTAN 1,245.72 414046 09/27/2024 DIRECT DEPOSIT O'CONNOR,SHANNON 1,113.60 414047 09/27/2024 DIRECT DEPOSIT PATTON, LISA 2,079.48 414048 09/27/2024 DIRECT DEPOSIT PECHENIK, DEBRA 617.60 414049 09/27/2024 DIRECT DEPOSIT PERGOLA, ANITA 1,354.58 414050 09/27/2024 DIRECT DEPOSIT QUINTERO, IVELISSE 1,128.06 414051 09/27/2024 DIRECT DEPOSIT ROBERTS, BRADLEY 1,667.14 414052 09/27/2024 DIRECT DEPOSIT SANTISO, DANIEL 276.38 414052 09/27/2024 DIRECT DEPOSIT SANTISO, DANIEL 1,300.00 414053 09/27/2024 DIRECT DEPOSIT SCHERF, CHARLENE 1,437.38 414054 09/27/2024 DIRECT DEPOSIT SCHRUM, MARYELLEN 1,295.49 414054 09/27/2024 DIRECT DEPOSIT SCHRUM, MARYELLEN 80.00 414055 09/27/2024 DIRECT DEPOSIT SMITH, SHELLIE 650.00 414055 09/27/2024 DIRECT DEPOSIT SMITH, SHELLIE 982.20 414056 09/27/2024 DIRECT DEPOSIT SOVINE, CARL 1,429.02 414057 09/27/2024 DIRECT DEPOSIT SPOFFORD, JANET 741.82 414058 09/27/2024 DIRECT DEPOSIT AUSTIN, KENNETH 2,413.53 414059 09/27/2024 DIRECT DEPOSIT BRADDY, MARTY 50.00 414059 09/27/2024 DIRECT DEPOSIT BRADDY, MARTY 1,842.17 414060 09/27/2024 DIRECT DEPOSIT COLVIN, THOMAS 2,154.50 414061 09/27/2024 DIRECT DEPOSIT COMPTON, THOMAS 1,120.14 414061 09/27/2024 DIRECT DEPOSIT COMPTON, THOMAS 124.46 414062 09/27/2024 DIRECT DEPOSIT DAWKINS, PHILLIP 1,407.99 414063 09/27/2024 DIRECT DEPOSIT DEPINHO, CHARLES 2,130.18 414064 09/27/2024 DIRECT DEPOSIT FLOOD, STEPHEN 2,790.14 414065 09/27/2024 DIRECT DEPOSIT FORBES, TENNYSON 2,330.32 414066 09/27/2024 DIRECT DEPOSIT FORMAN, SHANE 1,384.63 414067 09/27/2024 DIRECT DEPOSIT FRISBY, CHRISTOPHER 1,872.70 414068 09/27/2024 DIRECT DEPOSIT FULLER, STEVEN 1,777.02 414069 09/27/2024 DIRECT DEPOSIT JORDAN, SHAWN 2,555.99 414070 09/27/2024 DIRECT DEPOSIT KISSELBACK, JOSEPH 1,305.68 414071 09/27/2024 DIRECT DEPOSIT MCINTOSH, CHARLIE 1,384.65 414072 09/27/2024 DIRECT DEPOSIT SANTAMARIA, JEFFREY 1,562.76 414073 09/27/2024 DIRECT DEPOSIT SAWYER, CRAIG 95.12 59 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 414073 09/27/2024 DIRECT DEPOSIT SAWYER, CRAIG 2,349.32 414074 09/27/2024 DIRECT DEPOSIT STAMBAUGH, JOHNNY 300.00 414074 09/27/2024 DIRECT DEPOSIT STAMBAUGH, JOHNNY 2,431.58 414075 09/27/2024 DIRECT DEPOSIT WAGNER, DANIEL 1,713.59 414076 09/27/2024 DIRECT DEPOSIT WEBB, ROBERT 1,941.83 414077 09/27/2024 DIRECT DEPOSIT YOUNG, GERALD 800.00 414077 09/27/2024 DIRECT DEPOSIT YOUNG, GERALD 1,041.79 414078 09/27/2024 DIRECT DEPOSIT ACUNA, SHAYNE 1,554.40 414079 09/27/2024 DIRECT DEPOSIT ADRIANCE, TIMOTHY 2,729.72 414080 09/27/2024 DIRECT DEPOSIT BACON, VAN 1,540.05 414080 09/27/2024 DIRECT DEPOSIT BACON, VAN 330.01 414080 09/27/2024 DIRECT DEPOSIT BACON, VAN 330.01 414081 09/27/2024 DIRECT DEPOSIT BARDWELL, TIMONTRAYE 1,455.72 414082 09/27/2024 DIRECT DEPOSIT BESANCON, MARK 100.00 414082 09/27/2024 DIRECT DEPOSIT BESANCON, MARK 2,406.04 414083 09/27/2024 DIRECT DEPOSIT BOWEN, CHAD 1,536.03 414084 09/27/2024 DIRECT DEPOSIT FOLEY, SHANE 1,546.38 414085 09/27/2024 DIRECT DEPOSIT FREEMAN, KEITH 1,718.31 414086 09/27/2024 DIRECT DEPOSIT GOLFE, GREGORY 1,386.37 414086 09/27/2024 DIRECT DEPOSIT GOLFE, GREGORY 100.00 414087 09/27/2024 DIRECT DEPOSIT HAMLETT, ROBERT 1,259.49 414088 09/27/2024 DIRECT DEPOSIT HANSON, CHRISTOPHER 2,050.65 414089 09/27/2024 DIRECT DEPOSIT HAWKINS, DUKE 2,356.00 414090 09/27/2024 DIRECT DEPOSIT HENRY, MARQUEZ 1,747.27 414091 09/27/2024 DIRECT DEPOSIT KIVENAS, ZACHARY 1,794.39 414092 09/27/2024 DIRECT DEPOSIT LEE, TERRENCE 2,749.86 414093 09/27/2024 DIRECT DEPOSIT LONGACRE, KENNETH 3,291.61 414094 09/27/2024 DIRECT DEPOSIT MCGRATH, WILLIAM 2,089.71 414095 09/27/2024 DIRECT DEPOSIT MOTT, KODY 2,437.90 414096 09/27/2024 DIRECT DEPOSIT MUNRO, LUCAS 2,009.48 414097 09/27/2024 DIRECT DEPOSIT PAGAN, DYLAN 1,550.06 414098 09/27/2024 DIRECT DEPOSIT STANTON, KASSI 1,126.91 414099 09/27/2024 DIRECT DEPOSIT TATUM, ROYCE 1,330.36 414100 09/27/2024 DIRECT DEPOSIT WILLIS, EDDRICK 2,648.69 414101 09/27/2024 DIRECT DEPOSIT ZIMEI, BENJAMIN 2,930.14 414102 09/27/2024 DIRECT DEPOSIT BLANCO PEREZ, YULIEN 1,490.51 414103 09/27/2024 DIRECT DEPOSIT CHAMPAGNE, SAMUEL 1,353.10 414104 09/27/2024 DIRECT DEPOSIT EVANS, AUSTIN 1,141.27 414105 09/27/2024 DIRECT DEPOSIT HOVEY, STORM 1,028.02 414106 09/27/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 1,068.90 414106 09/27/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 526.47 414107 09/27/2024 DIRECT DEPOSIT PERALTA, ALEXIS 2,028.11 414108 09/27/2024 DIRECT DEPOSIT TARDIF, TODD 2,090.13 414109 09/27/2024 DIRECT DEPOSIT THORNE, MICHAEL 550.00 414109 09/27/2024 DIRECT DEPOSIT THORNE, MICHAEL 200.00 414109 09/27/2024 DIRECT DEPOSIT THORNE, MICHAEL 1,171.70 414110 09/27/2024 DIRECT DEPOSIT YONKERS, LAURA 3,244.58 414111 09/27/2024 DIRECT DEPOSIT AUGUSTE,JEHU 1,722.22 414112 09/27/2024 DIRECT DEPOSIT LESTER, JEROME 2,667.24 414113 09/27/2024 DIRECT DEPOSIT MCINTYRE- MEISENBURG, MELISSA 1,986.69 414114 09/27/2024 DIRECT DEPOSIT WAPPES, SARA 1,658.60 768276 09/27/2024 PRINTED FORREST, FARCIOT F. 1151.81 768277 09/27/2024 PRINTED MATTH ES, LAURA M. 2624.59 768278 09/27/2024 PRINTED SHULER, JENNIFER W. 2655.38 768279 09/27/2024 PRINTED DOTSEY, JESSICA S. 903.13 768280 09/27/2024 PRINTED FLECK, KELANI E. 411.79 768281 09/27/2024 PRINTED BOLEN, LAYNE E. 640.28 60 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 768282 09/27/2024 PRINTED WILLIAMS, SOPHIA E. 525.78 768283 09/27/2024 PRINTED BENITEZ, ANGEL G. 2172.11 768284 09/27/2024 PRINTED BINKLEY, JOHN F., IV 1706.42 768285 09/27/2024 PRINTED KOVALESKI, JOSEPH H., JR 2469.04 768286 09/27/2024 PRINTED PERDOMO, JAMES E. 1647.42 768287 09/27/2024 PRINTED SELLERS, ANDREW W. 2009.92 768288 09/27/2024 PRINTED WATTS, MEAGAN A. 1987.37 768289 09/27/2024 PRINTED RIVIERE, AMBER D. 3138.2 768290 09/27/2024 PRINTED TAYLOR JOHNSON, TRICIA 2961.01 768291 09/27/2024 PRINTED DAMATO, BRUCE R. 40.07 768292 09/27/2024 PRINTED PANTOJA, ANTHONY Q. 414.1 768293 09/27/2024 DIRECT DEPOSIT BELL, CRAIG 400.00 768293 09/27/2024 PRINTED BELL, CRAIG L. 1023.16 768294 09/27/2024 PRINTED HAYES, CODY P. 3188.1 768295 09/27/2024 PRINTED SMITH, MATTHEW C. 1239.68 768296 09/27/2024 DIRECT DEPOSIT GIBSON, KEVIN 125.00 768296 09/27/2024 PRINTED GIBSON, KEVIN S. 1968.51 768297 09/27/2024 DIRECT DEPOSIT HORNE, BRIAN 1,650.00 768297 09/27/2024 DIRECT DEPOSIT HORNE, BRIAN 25.00 768297 09/27/2024 PRINTED HORNE, BRIAN K. 950.48 768298 09/27/2024 PRINTED MEDECKE, JULIE A. 1157.57 768299 09/27/2024 PRINTED FAIRBANK, STEVEN M. 338.59 768300 09/27/2024 PRINTED HINEBAUGH, CODY R. 1426.71 768301 09/27/2024 PRINTED LYNCH, JENESA D. 613.16 768302 09/27/2024 PRINTED PAYNE, GEORGE H. 2260.11 768303 09/27/2024 DIRECT DEPOSIT BARKWELL, MICHAEL 25.00 768303 09/27/2024 PRINTED BARKWELL, MICHAEL C. 1866.58 768304 09/27/2024 PRINTED RICHARDS, STEVEN A., JR 1300.12 55744 09/23/2024 PRINTED HOWARD T. TEE MD 103.50 55745 09/23/2024 PRINTED CARDIAC CLINIC OF SUNIL M KAKKAR MD PA 125.00 55746 09/23/2024 PRINTED INDIAN RIVER COUNTY ALS 568.40 55747 09/23/2024 PRINTED SPNET 148.75 55748 09/23/2024 PRINTED TENET FLORIDA PHYSICIAN SERVICES II LLC 1,263.50 55749 09/23/2024 PRINTED VERO ORTHOPAEDICS II PA 171.00 55750 09/23/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 94.00 55750 09/23/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 77.00 55750 09/23/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 251.50 55751 09/23/2024 PRINTED HEALTHESYSTEMS LLC 2,144.02 55751 09/23/2024 PRINTED HEALTHESYSTEMS LLC 931.23 55751 09/23/2024 PRINTED HEALTHESYSTEMS LLC 34.10 55751 09/23/2024 PRINTED HEALTHESYSTEMS LLC 54.24 55751 09/23/2024 PRINTED HEALTHESYSTEMS LLC 97.49 55751 09/23/2024 PRINTED HEALTHESYSTEMS LLC 554.85 55752 09/23/2024 PRINTED JAMES CASS 824.26 55753 09/23/2024 PRINTED SHILAH JONES 964.48 55754 09/23/2024 PRINTED SHILAH JONES 482.24 55755 09/24/2024 PRINTED HOWARD T. TEE MD 253.80 55756 09/24/2024 PRINTED HOWARD T. TEE MD 135.90 55757 09/24/2024 PRINTED SPNET 148.75 55758 09/24/2024 PRINTED SPNET 111.35 55759 09/24/2024 PRINTED WEST BOCA MEDICAL CTR 17,933.58 55760 09/24/2024 PRINTED JOHN COPPERSMITH 68.53 55761 09/25/2024 PRINTED HOWARD T. TEE MD 126.90 55762 09/25/2024 PRINTED BRUCE WEIMANN 1,795.50 55763 09/25/2024 PRINTED KAYLA MERICLE 1,579.72 55764 09/25/2024 PRINTED KAYLA MERICLE 789.86 55765 09/25/2024 PRINTED RONALD D. ADAMSON JR 1,061.26 61 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 55766 09/26/2024 PRINTED VERO ORTHOPAEDICS II PA 149.40 55767 09/26/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 104.13 55768 09/26/2024 PRINTED HMASOLANTdCJOINT VENTURE LLC 104.13 55769 09/26/2024 PRINTED SPNET 71.40 55770 09/26/2024 PRINTED SPNET 102.85 55771 09/26/2024 PRINTED SPNET 148.75 55772 09/26/2024 PRINTED SPNET 153.85 55773 09/26/2024 PRINTED SPNET 71.40 55774 09/26/2024 PRINTED VERO ORTHOPAEDICS II PA 152.10 55775 09/26/2024 PRINTED VERO ORTHOPAEDICS II PA 146.88 55776 09/26/2024 PRINTED JAMES BETANCOURT 624.84 55777 09/27/2024 PRINTED FOURSTONE HEALTH LLC 288.75 55778 09/27/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 149.95 55779 09/27/2024 PRINTED NEUROTECH NA, INC 1,790.00 55780 09/27/2024 PRINTED NEUROTECH NA, INC 110.96 55781 09/27/2024 PRINTED TENET FLORIDA PHYSICIAN SERVICES II LLC 315.88 7,116, 846.66 62 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: October 4, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS September 28, 2024 to October 4, 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 28, 2024 to October 4, 2024. 63 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 12255 09/30/2024 WIRE KIMLEY HORN & ASSOC INC 17,596.98 12256 09/30/2024 WIRE IRC CHAMBER OF COMMERCE 44,315.29 12257 09/30/2024 WIRE IRC CHAMBER OF COMMERCE 5,487.06 12258 09/30/2024 WIRE SOUTH CAROLINA STATE TREASURER 157.43 12259 09/30/2024 WIRE IRS -PAYROLL TAXES 622,955.26 12260 09/30/2024 WIRE COMMONWEALTH OF MASSACHUSETTS 51.04 12261 09/30/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 203.75 12262 09/30/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 314.22 12263 09/30/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 272.48 12264 09/30/2024 WIRE LINCOLN RETIREMENT 99,173.15 12265 09/30/2024 WIRE TENNESSEE DEPT OF TREASURY 375.35 12266 09/30/2024 WIRE WASHINGTON DEPT OF REVENUE 265.08 12267 10/01/2024 WIRE ST LUCIE BATTERY & TIRE CO 1,194.05 12268 10/01/2024 WIRE IRC CLERK OF THE COURT 126,929.87 12269 10/01/2024 WIRE INDIAN RIVER COUNTY PROPERTY APPRAISER 1,293,935.50 12270 10/01/2024 WIRE INDIAN RIVER COUNTY SHERIFF 6,340,193.11 12271 10/01/2024 WIRE INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 565,577.26 12272 10/01/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 509.45 12273 10/01/2024 WIRE WISCONSIN DEPARTMENT OF REVENUE 39.97 12274 10/02/2024 WIRE TD BANK 10,996.37 12275 10/02/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 3,691.00 12276 10/03/2024 WIRE KIMLEY HORN & ASSOC INC 3,000.00 12277 10/03/2024 WIRE BLUE CROSS & BLUE SHIELD 271,017.87 12278 10/03/2024 WIRE CULTURAL COUNCIL OF IRC 36,717.48 12279 10/03/2024 WIRE VERO HERITAGE INC 25,660.07 12280 10/03/2024 WIRE AMERITAS 37.50 12281 10/03/2024 WIRE AMERITAS 3,262.50 12282 10/03/2024 WIRE AMERITAS 258.75 12283 10/03/2024 WIRE AMERITAS 255.00 12284 10/03/2024 WIRE AMERITAS 131.25 12285 10/03/2024 WIRE AMERITAS 30.00 12286 10/03/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,556.30 12287 10/03/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 426.25 12288 10/03/2024 WIRE ATLANTIC COASTAL LAND TITLE CO LLC 25,000.00 12289 10/04/2024 WIRE AMERITAS 11,524.12 12290 10/04/2024 WIRE EDH HOLDINGS LLC 408.81 12291 10/04/2024 WIRE IRC CLERK OF THE COURT 5,689.32 12292 10/04/2024 WIRE KIMLEY HORN & ASSOC INC 139,611.54 12293 10/04/2024 WIRE BENEFLEX INC 905.00 12294 10/04/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,464.29 12295 10/04/2024 WIRE FL RETIREMENT SYSTEM 1,315,471.27 12296 10/04/2024 WIRE INDIAN RIVER COUNTY SHERIFF 1,679,764.00 455002 10/02/2024 PRINTED MAJOR LEAGUE FISHING LLC 10,000.00 455003 10/03/2024 PRINTED INTERNATIONAL GOLF MAINTENANCE INC 3,270.29 455004 10/03/2024 PRINTED WASTE MANAGEMENT 232,730.58 455005 10/03/2024 PRINTED COASTAL TECHNOLOGY CORPORATION 789.87 455006 10/03/2024 PRINTED MBV ENGINEERING 263.75 455007 10/03/2024 PRINTED JONES EDMUNDS AND ASSOCIATES INC 43,540.73 455008 10/03/2024 PRINTED GUETTLER BROTHERS CONSTRUCTION LLC 161,817.82 455009 10/03/2024 PRINTED SOUTHERN MANAGEMENT LLC 3,279.50 455010 10/03/2024 PRINTED KESSLER CONSULTING INC 8,685.00 455011 10/03/2024 PRINTED SPORT SURFACES LLC 63,500.00 64 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455012 10/03/2024 PRINTED ANDERSEN ANDRE CONSULTING ENGINEERS INC 3,541.00 455013 10/03/2024 PRINTED STEARNS, CONRAD AND SCHMIDT 308,549.31 455014 10/03/2024 PRINTED GRAY MATTER SYSTEMS LLC 4,034.91 455015 10/03/2024 PRINTED WEX HEALTH INC 6,168.95 455016 10/03/2024 PRINTED TIGER, INC. 59,646.33 455017 10/03/2024 PRINTED ATKINS NORTH AMERICA INC 1,230.00 455018 10/03/2024 PRINTED CLOSE CONSTRUCTION SERVICES LLC 18,824.25 455019 10/03/2024 PRINTED FLORIDA FIRE CHIEFS ASSOCIATION 770.00 455020 10/03/2024 PRINTED CVSOA 350.00 455021 10/03/2024 PRINTED CVSOA 350.00 455022 10/03/2024 PRINTED GOVERNORS HURRICANE CONFERENCE 1,140.00 455023 10/03/2024 PRINTED SCOTT MCADAM 30.00 455024 10/03/2024 PRINTED ELIZABETH POWELL 91.00 455025 10/03/2024 PRINTED FL CHAPTER OF NENA 150.00 455026 10/03/2024 PRINTED JENNIFER HYDE 968.88 455027 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LLC 23,010.00 903704 10/02/2024 PRINTED SREIT SONRISE VILLAS LLC 6,882.00 903705 10/02/2024 PRINTED JACOURT LLC 7,138.00 903706 10/02/2024 PRINTED CENTER LAKE PROPERTY MANAGEMENT LLC 663.00 903707 10/02/2024 PRINTED AMELIA VILLAGE LP 1,324.00 903708 10/02/2024 PRINTED NONPROFIT HOUSING PRESERVATION LLC 11,996.00 903709 10/02/2024 PRINTED HOUSING AUTHORITY OF THE CITY OF ORLANDO FL 1,691.28 903710 10/02/2024 PRINTED CHRISTINE TURCHIANO 795.00 903711 10/03/2024 PRINTED FLORIDA POWER AND LIGHT 112.00 903712 10/03/2024 PRINTED THE PALMS AT VERO BEACH 2,465.00 903713 10/03/2024 PRINTED LAZY JLLC 442.00 903714 10/03/2024 PRINTED ORCHARD GROVE VENTURE LLC 322.00 903715 10/03/2024 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 1,061.00 903716 10/03/2024 PRINTED JACOURT LLC 311.00 1021986 10/03/2024 ACI PARKS RENTAL & SALES INC 757.50 1021987 10/03/2024 ACI NORTH SOUTH SUPPLY INC 75.42 1021988 10/03/2024 ACI RING POWER CORPORATION 2,064.28 1021989 10/03/2024 ACI MIKES GARAGE & WRECKER SERVICE INC 3,105.00 1021990 10/03/2024 ACI GALLS LLC 160.79 1021991 10/03/2024 ACI IRRIGATION CONSULTANTS UNLIMITED INC 2,366.20 1021992 10/03/2024 ACI GROVE WELDERS INC 2,770.93 1021993 10/03/2024 ACI DYER CHEVROLET 2,655.33 1021994 10/03/2024 ACI RADWELL INTERNATIONAL INC 476.00 1021995 10/03/2024 ACI UNIFIRST CORPORATION 1,621.19 1021996 10/03/2024 ACI EVERGLADES EQUIPMENT GROUP 5,507.48 1021997 10/03/2024 ACI CARLON INC 591.90 1021998 10/03/2024 ACI HD SUPPLY INC 49.67 1021999 10/04/2024 ACI AT&T 7.01 1022000 10/04/2024 ACI AT&T 5.29 1022001 10/04/2024 ACI AT&T 5.29 1022002 10/04/2024 ACI AT&T 1,639.46 1022003 10/04/2024 ACI OFFICE DEPOT 6,716.77 1022004 10/04/2024 ACI COMCAST 487.45 55782 09/30/2024 PRINTED NORTH TAMPA ANESTHESIA CONSULTANTS 339.21 55783 09/30/2024 PRINTED SPNET 102.00 55784 09/30/2024 PRINTED TENET FLORIDA PHYSICIAN SERVICES II LLC 151.05 55785 10/01/2024 PRINTED SPNET 127.50 55786 10/01/2024 PRINTED SPNET 127.50 55787 10/01/2024 PRINTED SPNET 180.20 55788 10/01/2024 PRINTED VERO ORTHOPAEDICS II PA 1,776.15 55789 10/01/2024 PRINTED HEALTHESYSTEMS LLC 568.48 55789 10/01/2024 PRINTED HEALTHESYSTEMS LLC 118.98 55789 10/01/2024 PRINTED HEALTHESYSTEMS LLC 386.79 55789 10/01/2024 PRINTED HEALTHESYSTEMS LLC 150.96 55789 10/01/2024 PRINTED HEALTHESYSTEMS LLC 75.73 70 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 55790 10/02/2024 PRINTED FOURSTONE HEALTH LLC 375.00 55791 10/02/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 88.20 55792 10/02/2024 PRINTED SPNET 121.55 55793 10/02/2024 PRINTED MELECH BERMAN 1,516.50 55794 10/02/2024 PRINTED SEACOAST BUSINESS FUNDING & WORKERS REHA 978.15 55795 10/03/2024 PRINTED VERO ORTHOPAEDICS II PA 1,502.10 55796 10/03/2024 PRINTED QUANG LE 1,260.00 55797 10/04/2024 PRINTED ABSOLUTE SOLUTIONS 793.56 55798 10/04/2024 PRINTED EZ HEALTH CARE 2,165.06 55799 10/04/2024 PRINTED EZ HEALTH CARE 650.00 55800 10/04/2024 PRINTED GILFORD SOUND EMERG PHYS, LLC 197.60 55801 10/04/2024 PRINTED HEALTH FIRST BACK CENTER 123.93 55802 10/04/2024 PRINTED VERO ORTHOPAEDICS II PA 201.60 55803 10/04/2024 PRINTED VERO ORTHOPAEDICS II PA 1,480.50 55804 10/04/2024 PRINTED HR LAW PA 14.00 15,521,753.68 71 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: October 11, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 5, 2024 to October 11, 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 October 5, 2024 to October 11, 2024. 72 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 12297 10/07/2024 WIRE FIDELITY SECURITY LIFE INSURANCE COMPANY 7,038.22 12298 10/07/2024 WIRE TEAMSTERS LOCAL UNION #769 60.00 12299 10/07/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,026.09 12300 10/07/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,304.44 12301 10/07/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 2,874.49 12302 10/07/2024 WIRE AMERICAN HERITAGE LIFE INS CO 21.96 12303 10/07/2024 WIRE AMERICAN FAMILY LIFE ASSURANCE CO 11,577.66 12304 10/07/2024 WIRE AAF OPERATIONS HOLDINGS LLC 2,584,099.00 12305 10/07/2024 WIRE SCHOOL DISTRICT OF INDIAN RIVER COUNTY 2,765.72 12306 10/08/2024 WIRE CER SIGNATURE CLEANING LLC 12,524.20 12307 10/08/2024 WIRE ETR LLC 1,049,994.00 12308 10/08/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 648.14 12309 10/08/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 446.92 12310 10/08/2024 WIRE MUTUAL OF OMAHA 28,087.74 12311 10/08/2024 WIRE MUTUAL OF OMAHA 33,228.44 414115 10/11/2024 DIRECT DEPOSIT DANIELS, DOUGLAS 1,249.93 414116 10/11/2024 DIRECT DEPOSIT FORREST, FARCIOT 1,151.82 414117 10/11/2024 DIRECT DEPOSIT GLITZ, WILLIAM 962.49 414118 10/11/2024 DIRECT DEPOSIT ROHRER, RYLEE 496.59 414119 10/11/2024 DIRECT DEPOSIT SCHREIBER, KEVIN 1,087.41 414120 10/11/2024 DIRECT DEPOSIT BROWN, ASHLEY 1,381.54 414121 10/11/2024 DIRECT DEPOSIT LIST, KATHY 571.20 414122 10/11/2024 DIRECT DEPOSIT MOIRANO, KIMBERLY 1,273.08 414123 10/11/2024 DIRECT DEPOSIT PLESNARSKI, LISA 1,461.17 414124 10/11/2024 DIRECT DEPOSIT STOKES, MAURA 1,544.40 414125 10/11/2024 DIRECT DEPOSIT GLANVILLE, TERESA 2,018.63 414125 10/11/2024 DIRECT DEPOSIT GLANVILLE, TERESA 241.00 414126 10/11/2024 DIRECT DEPOSIT HICKS, CHRISTOPHER 3,760.40 414127 10/11/2024 DIRECT DEPOSIT MOORE, CHRISTINA 2,301.89 414128 10/11/2024 DIRECT DEPOSIT NOVAK, NATALIE 943.02 414128 10/11/2024 DIRECT DEPOSIT NOVAK, NATALIE 500.00 414129 10/11/2024 DIRECT DEPOSIT PRADO, SUSAN 3,443.54 414129 10/11/2024 DIRECT DEPOSIT PRADO, SUSAN 250.00 414130 10/11/2024 DIRECT DEPOSIT SHULER, JENNIFER 9,124.08 414131 10/11/2024 DIRECT DEPOSIT WESTERIK, NADIA 1,861.15 414131 10/11/2024 DIRECT DEPOSIT WESTERIK, NADIA 500.00 414132 10/11/2024 DIRECT DEPOSIT LESTER, CHESNEY 2,105.60 414133 10/11/2024 DIRECT DEPOSIT MCKINLEY, KELLY 1,921.66 414134 10/11/2024 DIRECT DEPOSIT RAMIREZ, REBECCA 1,458.14 414135 10/11/2024 DIRECT DEPOSIT ROSE, CARSON 1,589.18 414136 10/11/2024 DIRECT DEPOSIT STAUDT, MICHAEL 2,279.05 414137 10/11/2024 DIRECT DEPOSIT TRAMEL, PATRICK 2,074.69 414138 10/11/2024 DIRECT DEPOSIT VIETZE, MARK 2,002.15 414139 10/11/2024 DIRECT DEPOSIT AMATO, JAMES 1,062.03 414140 10/11/2024 DIRECT DEPOSIT BOONE, BLAKE 260.49 414141 10/11/2024 DIRECT DEPOSIT BOSTICK, LINDA 442.99 414142 10/11/2024 DIRECT DEPOSIT BOWEN, ISABELLA 123.25 414143 10/11/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 162.72 73 414143 10/11/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 244.09 414144 10/11/2024 DIRECT DEPOSIT DAVIDIAN, SAGE 243.78 414145 10/11/2024 DIRECT DEPOSIT DOTSEY, JESSICA 770.67 414146 10/11/2024 DIRECT DEPOSIT GERNER, JOSHUA 474.20 414147 10/11/2024 DIRECT DEPOSIT GRAY, STEVEN 242.44 414148 10/11/2024 DIRECT DEPOSIT HAUPT, ROSA 774.55 414149 10/11/2024 DIRECT DEPOSIT HEINZE, DONALD 901.04 414150 10/11/2024 DIRECT DEPOSIT HENDRICKSEN, TYLER 384.05 414151 10/11/2024 DIRECT DEPOSIT MANGUS, ISABELLA 783.56 414152 10/11/2024 DIRECT DEPOSIT MAYORGA, MARCO 113.91 414153 10/11/2024 DIRECT DEPOSIT MINTEL, MATTHEW 156.96 414154 10/11/2024 DIRECT DEPOSIT O'NEILL, BRANDON 693.70 414154 10/11/2024 DIRECT DEPOSIT O'NEILL, BRANDON 693.70 414155 10/11/2024 DIRECT DEPOSIT ROHRER, MAREENA 134.49 414155 10/11/2024 DIRECT DEPOSIT ROHRER, MAREENA 403.48 414156 10/11/2024 DIRECT DEPOSIT RUVANE, TAYVIA 1,680.09 414157 10/11/2024 DIRECT DEPOSIT SERVAITES, THOMAS 179.48 414158 10/11/2024 DIRECT DEPOSIT SHARKEY, ROBERT 683.22 414159 10/11/2024 DIRECT DEPOSIT SHELDON, GAGE 370.67 414160 10/11/2024 DIRECT DEPOSIT SILVIO, SARAH 62.13 414161 10/11/2024 DIRECT DEPOSIT SIMPSON, ANDREW 55.23 414162 10/11/2024 DIRECT DEPOSIT SPARROW-VOORHEES, TABATHA 1,144.63 414163 10/11/2024 DIRECT DEPOSIT STORTS, HOLDEN 345.68 414164 10/11/2024 DIRECT DEPOSIT VASQUEZ, ODDY 217.44 414165 10/11/2024 DIRECT DEPOSIT WAGNER, FREDERICK 912.01 414166 10/11/2024 DIRECT DEPOSIT BAKER, MURRAY 581.98 414167 10/11/2024 DIRECT DEPOSIT GIBSON, CHASTITY 50.00 414167 10/11/2024 DIRECT DEPOSIT GIBSON, CHASTITY 10.00 414167 10/11/2024 DIRECT DEPOSIT GIBSON, CHASTITY 386.35 414168 10/11/2024 DIRECT DEPOSIT LAURO, HELEN 529.74 414169 10/11/2024 DIRECT DEPOSIT LEFEBURE, ANNABELLE 534.69 414170 10/11/2024 DIRECT DEPOSIT LEFEBURE, LEVI 483.97 414171 10/11/2024 DIRECT DEPOSIT LOCY, EMILY 1,378.28 414171 10/11/2024 DIRECT DEPOSIT LOCY, EMILY 50.00 414172 10/11/2024 DIRECT DEPOSIT MARLEAU, KATIE 2,046.51 414173 10/11/2024 DIRECT DEPOSIT MULLEN, LYLAH 112.38 414174 10/11/2024 DIRECT DEPOSIT RAULERSON, SPRING 666.70 414175 10/11/2024 DIRECT DEPOSIT ROACHE, DEBRA 378.89 414176 10/11/2024 DIRECT DEPOSIT SERVAITES, GREGG 1,583.92 414177 10/11/2024 DIRECT DEPOSIT SNEE, JACKSON 413.04 414178 10/11/2024 DIRECT DEPOSIT SPARKS, KENDALL 283.03 414179 10/11/2024 DIRECT DEPOSIT TRENT, CECIL 613.57 414180 10/11/2024 DIRECT DEPOSIT CAROW, ELAINE 1,288.29 414181 10/11/2024 DIRECT DEPOSIT COWAN, DONALD 1,147.38 414182 10/11/2024 DIRECT DEPOSIT DOUGLAS, EUGENE 730.04 414183 10/11/2024 DIRECT DEPOSIT EISWERTH, SARAH 934.63 414184 10/11/2024 DIRECT DEPOSIT FADAYOMI, BENJAMIN 294.76 414185 10/11/2024 DIRECT DEPOSIT HEBELER, SANDRA 1,109.63 414186 10/11/2024 DIRECT DEPOSIT JONES, ALFRED 511.88 74 414187 10/11/2024 DIRECT DEPOSIT JURAD, DREW 1,610.36 414188 10/11/2024 DIRECT DEPOSIT KREBS, JILL 1,938.24 414189 10/11/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 500.00 414189 10/11/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 1,061.52 414190 10/11/2024 DIRECT DEPOSIT REDFERN, RICHARD 271.97 414190 10/11/2024 DIRECT DEPOSIT REDFERN, RICHARD 67.99 414191 10/11/2024 DIRECT DEPOSIT SCHLEICH, MARK 119.69 414192 10/11/2024 DIRECT DEPOSIT SMITH, DAVID 2,766.72 414192 10/11/2024 DIRECT DEPOSIT SMITH, DAVID 100.00 414193 10/11/2024 DIRECT DEPOSIT TILTON, JOSEPH 250.00 414193 10/11/2024 DIRECT DEPOSIT TILTON, JOSEPH 2,195.59 414194 10/11/2024 DIRECT DEPOSIT BINEGAR, AMBER 242.32 414195 10/11/2024 DIRECT DEPOSIT BOLEN, LAYNE 597.61 414196 10/11/2024 DIRECT DEPOSIT BOWKER, JACQUELINE 1,226.96 414197 10/11/2024 DIRECT DEPOSIT BROWN, ARIEL 1,014.30 414198 10/11/2024 DIRECT DEPOSIT BUSKIRK, KITTIE 1,635.02 414199 10/11/2024 DIRECT DEPOSIT COLE, KAREN 719.57 414200 10/11/2024 DIRECT DEPOSIT FARBER, ASHLEY 803.28 414201 10/11/2024 DIRECT DEPOSIT FOXX, PAOLA 617.10 414202 10/11/2024 DIRECT DEPOSIT GOODEN, TRAVIS 1,029.40 414203 10/11/2024 DIRECT DEPOSIT HADSELL, DARLENE 1,907.54 414204 10/11/2024 DIRECT DEPOSIT HECKMAN, CHELSEA 1,102.43 414205 10/11/2024 DIRECT DEPOSIT HELTON, HEATHER 5.00 414205 10/11/2024 DIRECT DEPOSIT HELTON, HEATHER 1,365.56 414205 10/11/2024 DIRECT DEPOSIT HELTON, HEATHER 10.00 414206 10/11/2024 DIRECT DEPOSIT HUFF, TANYA 183.00 414206 10/11/2024 DIRECT DEPOSIT HUFF, TANYA 2,033.66 414207 10/11/2024 DIRECT DEPOSIT JUARBE, THALIA 1,016.31 414208 10/11/2024 DIRECT DEPOSIT LEE, GI 75.32 414208 10/11/2024 DIRECT DEPOSIT LEE, GI 1,205.06 414208 10/11/2024 DIRECT DEPOSIT LEE, GI 225.94 414209 10/11/2024 DIRECT DEPOSIT LESCIO, JOLENE 1,488.69 414210 10/11/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 25.00 414210 10/11/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 1,660.99 414211 10/11/2024 DIRECT DEPOSIT MCDOUGALL, STEVEN 1,446.32 414212 10/11/2024 DIRECT DEPOSIT MCKENNA, TERESA 581.56 414213 10/11/2024 DIRECT DEPOSIT MORGAN, JESSICA 754.79 414214 10/11/2024 DIRECT DEPOSIT NEAL, MARY JANE 1,076.08 414215 10/11/2024 DIRECT DEPOSIT PAGANO, SADIE 441.42 414216 10/11/2024 DIRECT DEPOSIT PAWLAK, FRANCES 1,118.46 414217 10/11/2024 DIRECT DEPOSIT PEREZ, JOSHUA 2,374.86 414218 10/11/2024 DIRECT DEPOSIT SANTOYO, ETHELYN 512.12 414219 10/11/2024 DIRECT DEPOSIT SCHOEN, ERIC 2,148.21 414220 10/11/2024 DIRECT DEPOSIT SMITH NIKITIN, KRISTIE 1,589.27 414221 10/11/2024 DIRECT DEPOSIT STENGER, ELIZABETH 2,667.38 414222 10/11/2024 DIRECT DEPOSIT TRUSS, LAWRENCE 586.92 414223 10/11/2024 DIRECT DEPOSIT WAGNER, MICHELLE 1,606.61 414224 10/11/2024 DIRECT DEPOSIT WYATT, ELIZABETH 556.04 414225 10/11/2024 DIRECT DEPOSIT ALBINI, SCOTT 514.50 414226 10/11/2024 DIRECT DEPOSIT ANDERSON, KATHERINE 1,430.54 414227 10/11/2024 DIRECT DEPOSIT BACHMANN, SANDRA 1,593.67 414228 10/11/2024 DIRECT DEPOSIT BOIKE, REBECCA 1,165.74 414229 10/11/2024 DIRECT DEPOSIT BOWMAN, KATHLEEN 2,356.31 414230 10/11/2024 DIRECT DEPOSIT ELSEBOUGH, KELLY 668.73 414231 10/11/2024 DIRECT DEPOSIT GALE NTINE, TRACY 1,006.65 414232 10/11/2024 DIRECT DEPOSIT IACHINI, TAYLOR 1,251.82 414233 10/11/2024 DIRECT DEPOSIT KEATLEY, WHITNEY 521.17 414234 10/11/2024 DIRECT DEPOSIT MELASI, SUSAN 1,516.76 414235 10/11/2024 DIRECT DEPOSIT PANKIEWICZ-FUCHS, PATRICIA 2,250.73 414236 10/11/2024 DIRECT DEPOSIT RATHMAN, BETHANY 616.18 414237 10/11/2024 DIRECT DEPOSIT ROSADO-RODRIGUEZ, JEFFREY 1,100.00 414238 10/11/2024 DIRECT DEPOSIT BROWNING, KATHLEEN 490.02 414239 10/11/2024 DIRECT DEPOSIT COOLER HAWK, SHANNON 1,418.18 414240 10/11/2024 DIRECT DEPOSIT FRANCIS, RICHARD 1,420.66 414241 10/11/2024 DIRECT DEPOSIT HERNANDEZ, MELISSA 508.10 414242 10/11/2024 DIRECT DEPOSIT LOWE, CYNTHIA 1,049.25 414243 10/11/2024 DIRECT DEPOSIT MCDOUGALL, HOLLIE 1,744.85 414244 10/11/2024 DIRECT DEPOSIT NEAL, BRIANNA 508.94 414245 10/11/2024 DIRECT DEPOSIT PEARSAUL, VICTORIA 757.32 414246 10/11/2024 DIRECT DEPOSIT SOBEL, KATHERINE 491.60 414247 10/11/2024 DIRECT DEPOSIT ADAMS, KEVIN 1,926.05 414248 10/11/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 737.39 414248 10/11/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 316.02 414249 10/11/2024 DIRECT DEPOSIT CASTRO, JUAN 1,013.70 414250 10/11/2024 DIRECT DEPOSIT GIANSANTI, JOHN 624.74 414251 10/11/2024 DIRECT DEPOSIT HALL, CARLY 869.19 414252 10/11/2024 DIRECT DEPOSIT SORENSON, MICHELLE 1,031.68 414253 10/11/2024 DIRECT DEPOSIT VERGARA, GUSTAVO 2,812.04 414254 10/11/2024 DIRECT DEPOSIT BILLINGS, 1OHNATHAN 2,081.47 414255 10/11/2024 DIRECT DEPOSIT BONELL, CALEB 554.21 414256 10/11/2024 DIRECT DEPOSIT BROWNLEE, MATTHEW 349.11 414257 10/11/2024 DIRECT DEPOSIT COPPOLA, JOHN 317.95 414258 10/11/2024 DIRECT DEPOSIT DIAS-NOVA, DANIEL 853.72 414259 10/11/2024 DIRECT DEPOSIT DOTSEY, JOHN 1,488.81 414260 10/11/2024 DIRECT DEPOSIT FILIZZOLA NOVA, BRENO 821.18 414261 10/11/2024 DIRECT DEPOSIT FRANCOEUR, ANDREW 311.62 414262 10/11/2024 DIRECT DEPOSIT GILLIGAN, MATTHEW 1,420.22 414263 10/11/2024 DIRECT DEPOSIT HENDERSON, CHRISTOPHER 2,057.65 414264 10/11/2024 DIRECT DEPOSIT HERNANDEZ, ANTHONY 187.73 414265 10/11/2024 DIRECT DEPOSIT JENKINS, CARLOS 391.12 414266 10/11/2024 DIRECT DEPOSIT JONES, CHRISTOPHER 853.04 414267 10/11/2024 DIRECT DEPOSIT KEATON, KAMERON 1,515.92 414268 10/11/2024 DIRECT DEPOSIT LEVY, AARON 1,493.89 414268 10/11/2024 DIRECT DEPOSIT LEVY, AARON 75.00 414269 10/11/2024 DIRECT DEPOSIT LOCY, ROBBIE 468.69 414270 10/11/2024 DIRECT DEPOSIT MCDEARMID, RONALD 217.15 414271 10/11/2024 DIRECT DEPOSIT OTTO, DANIEL 1,376.15 414272 10/11/2024 DIRECT DEPOSIT PURPURA, CHRISTOPHER 1,333.95 76 414273 10/11/2024 DIRECT DEPOSIT RING, ERIC 1,731.73 414274 10/11/2024 DIRECT DEPOSIT WADE, FARAI 173.75 414274 10/11/2024 DIRECT DEPOSIT WADE, FARAI 74.47 414275 10/11/2024 DIRECT DEPOSIT WATKINS, CHRISTOPHER 1,661.55 414276 10/11/2024 DIRECT DEPOSIT CAGGIANO, LINDA 1,088.42 414277 10/11/2024 DIRECT DEPOSIT MATTHEWS, JESSICA 1,843.57 414278 10/11/2024 DIRECT DEPOSIT ABERNATHY, STEVE 4,076.86 414279 10/11/2024 DIRECT DEPOSIT ACCARDI, TRISTAN 528.94 414279 10/11/2024 DIRECT DEPOSIT ACCARDI, TRISTAN 2,115.74 414280 10/11/2024 DIRECT DEPOSIT ADKINS, TANISHA 1,974.49 414281 10/11/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 928.97 414281 10/11/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 1,725.23 414282 10/11/2024 DIRECT DEPOSIT ALICEA, MICHAEL 1,750.49 414283 10/11/2024 DIRECT DEPOSIT AMORTEGUI, JAIME 1,722.64 414284 10/11/2024 DIRECT DEPOSIT ANGELONE, ANDREW 1,753.68 414285 10/11/2024 DIRECT DEPOSIT ANGOTTI, JEFFREY 1,638.84 414286 10/11/2024 DIRECT DEPOSIT AREYZAGA, CHY-ANN 1,585.90 414287 10/11/2024 DIRECT DEPOSIT ARNOLD, WESLEY 2,242.48 414288 10/11/2024 DIRECT DEPOSIT AYERDIS, ALEXANDER 3,162.42 414289 10/11/2024 DIRECT DEPOSIT BAILEY, JOSHUA 1,596.05 414290 10/11/2024 DIRECT DEPOSIT BAIRD, ALLISON 2,175.96 414291 10/11/2024 DIRECT DEPOSIT BARCUS, CHRISTOPHER 2,290.27 414292 10/11/2024 DIRECT DEPOSIT BARKEY, WILLIAM 2,344.18 414293 10/11/2024 DIRECT DEPOSIT BELL, DAVID 2,809.27 414294 10/11/2024 DIRECT DEPOSIT BENDER, JOSHUA 1,060.14 414294 10/11/2024 DIRECT DEPOSIT BENDER, JOSHUA 750.00 414295 10/11/2024 DIRECT DEPOSIT BERNI, CORBIN 2,744.17 414296 10/11/2024 DIRECT DEPOSIT BERNSTEIN, MICHAEL 2,791.21 414297 10/11/2024 DIRECT DEPOSIT BEUTTELL, CLIFTON 2,268.96 414298 10/11/2024 DIRECT DEPOSIT BICKFORD, CLAUDIA 2,335.68 414299 10/11/2024 DIRECT DEPOSIT BINAFIF, MAZEN 3,154.08 414300 10/11/2024 DIRECT DEPOSIT BINKLEY, JOHN 1,706.42 414301 10/11/2024 DIRECT DEPOSIT BLOCH, MATTHEW 2,887.94 414302 10/11/2024 DIRECT DEPOSIT BONHOMME, DAVE BRIAN 1,596.05 414303 10/11/2024 DIRECT DEPOSIT BOROCZKY, TAMAS 2,911.18 414304 10/11/2024 DIRECT DEPOSIT BOWDEN, CHASE 2,088.81 414305 10/11/2024 DIRECT DEPOSIT BRAMLETT, RILEY 1,717.41 414306 10/11/2024 DIRECT DEPOSIT BRENNAN, THOMAS 1,679.91 414307 10/11/2024 DIRECT DEPOSIT BREWER, CHRISTEN 200.00 414307 10/11/2024 DIRECT DEPOSIT BREWER, CHRISTEN 2,051.57 414308 10/11/2024 DIRECT DEPOSIT BROUWER, JHONATAN 2,701.09 414309 10/11/2024 DIRECT DEPOSIT BRUNO, HARRISON 1,975.55 414310 10/11/2024 DIRECT DEPOSIT BUDERUS, CHRISTOPHER 1,589.34 414311 10/11/2024 DIRECT DEPOSIT BURKE, CHRISTOPHER 3,384.18 414312 10/11/2024 DIRECT DEPOSIT BURKE, DONALD 1,970.98 414313 10/11/2024 DIRECT DEPOSIT BURNS, BOB 2,064.41 414314 10/11/2024 DIRECT DEPOSIT BURRITT, BRIAN 1,592.09 414315 10/11/2024 DIRECT DEPOSIT BUSTAMANTE, LUIS 1,637.45 414316 10/11/2024 DIRECT DEPOSIT CAGLE, GARRETT 2,005.96 77 414317 10/11/2024 DIRECT DEPOSIT CALLAHAN, RYAN 2,697.66 414318 10/11/2024 DIRECT DEPOSIT CALLOWAY, JAMIE 2,294.16 414319 10/11/2024 DIRECT DEPOSIT CALZADILLA, EVAN 2,732.78 414320 10/11/2024 DIRECT DEPOSIT CAPPELEN, RYAN 2,793.93 414321 10/11/2024 DIRECT DEPOSIT CASS, JAMES 2,770.01 414322 10/11/2024 DIRECT DEPOSIT CEBRYNSKI, JOSEPH 2,086.00 414323 10/11/2024 DIRECT DEPOSIT CHISHOLM, KEITH 3,027.77 414324 10/11/2024 DIRECT DEPOSIT CICERONI, RICHARD 2,286.43 414325 10/11/2024 DIRECT DEPOSIT CLUTE, KEVIN 3,488.89 414326 10/11/2024 DIRECT DEPOSIT COBB, JOHN 2,090.36 414327 10/11/2024 DIRECT DEPOSIT COFFEY, GAVIN 1,657.14 414328 10/11/2024 DIRECT DEPOSIT COLEMAN, JACOB 1,794.50 414329 10/11/2024 DIRECT DEPOSIT COLEMAN, LEVI 2,149.66 414330 10/11/2024 DIRECT DEPOSIT COOPER, MIKAL 2,289.38 414331 10/11/2024 DIRECT DEPOSIT CORDERO, VINCENT 1,706.42 414332 10/11/2024 DIRECT DEPOSIT CORSO, JOHN 2,588.85 414333 10/11/2024 DIRECT DEPOSIT COTRONE, NICHOLAS 1,529.26 414334 10/11/2024 DIRECT DEPOSIT CRARY, WILLIAM 1,753.59 414335 10/11/2024 DIRECT DEPOSIT CRAVEN, THOMAS 2,423.91 414336 10/11/2024 DIRECT DEPOSIT CRUSE, DEVIN 2,010.98 414337 10/11/2024 DIRECT DEPOSIT CUEVAS, RUBEN 2,234.81 414338 10/11/2024 DIRECT DEPOSIT CURTIS, COREY 1,661.09 414339 10/11/2024 DIRECT DEPOSIT DAMPIER, BRADLEY 1,748.53 414340 10/11/2024 DIRECT DEPOSIT DAMPIER, BRANDON 1,867.28 414341 10/11/2024 DIRECT DEPOSIT DANCY, GARRETT 1,491.80 414342 10/11/2024 DIRECT DEPOSIT DEBROWSKI, FRANCIS 2,037.44 414343 10/11/2024 DIRECT DEPOSIT DEKKER, ANTHONY 2,581.92 414344 10/11/2024 DIRECT DEPOSIT DEKKER, DUSTIN 2,893.08 414345 10/11/2024 DIRECT DEPOSIT DELASHMUTT, KEVIN 2,097.71 414346 10/11/2024 DIRECT DEPOSIT DELGADO, AUSTIN 1,416.03 414347 10/11/2024 DIRECT DEPOSIT DENT, RICHARD 2,438.14 414348 10/11/2024 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1,984.25 415084 10/11/2024 DIRECT DEPOSIT ADRIANCE, TIMOTHY 2,255.33 415085 10/11/2024 DIRECT DEPOSIT BACON, VAN 1,477.65 415085 10/11/2024 DIRECT DEPOSIT BACON, VAN 316.64 415085 10/11/2024 DIRECT DEPOSIT BACON, VAN 316.64 415086 10/11/2024 DIRECT DEPOSIT BARDWELL, TIMONTRAYE 1,660.08 415087 10/11/2024 DIRECT DEPOSIT BESANCON, MARK 100.00 415087 10/11/2024 DIRECT DEPOSIT BESANCON, MARK 2,330.94 415088 10/11/2024 DIRECT DEPOSIT BOWEN, CHAD 1,603.55 415089 10/11/2024 DIRECT DEPOSIT FOLEY, SHANE 1,347.56 415090 10/11/2024 DIRECT DEPOSIT FREEMAN, KEITH 1,582.46 415091 10/11/2024 DIRECT DEPOSIT GOLFE, GREGORY 1,358.02 415091 10/11/2024 DIRECT DEPOSIT GOLFE, GREGORY 100.00 415092 10/11/2024 DIRECT DEPOSIT HAMLETT, ROBERT 1,112.89 415093 10/11/2024 DIRECT DEPOSIT HANSON, CHRISTOPHER 1,877.32 415094 10/11/2024 DIRECT DEPOSIT HAWKINS, DUKE 2,312.12 415095 10/11/2024 DIRECT DEPOSIT HENRY, MARQUEZ 1,443.43 415096 10/11/2024 DIRECT DEPOSIT KIVENAS, ZACHARY 1,715.21 415097 10/11/2024 DIRECT DEPOSIT LEE, TERRENCE 2,739.83 415098 10/11/2024 DIRECT DEPOSIT LONGACRE, KENNETH 2,389.77 415099 10/11/2024 DIRECT DEPOSIT MCGRATH, WILLIAM 1,911.64 415100 10/11/2024 DIRECT DEPOSIT MOTT, KODY 2,060.27 415101 10/11/2024 DIRECT DEPOSIT MUNRO, LUCAS 1,759.06 415102 10/11/2024 DIRECT DEPOSIT PAGAN, DYLAN 1,566.71 415103 10/11/2024 DIRECT DEPOSIT STANTON, KASSI 1,128.97 415104 10/11/2024 DIRECT DEPOSIT TATUM, ROYCE 1,397.23 415105 10/11/2024 DIRECT DEPOSIT WILLIS, EDDRICK 2,336.60 415106 10/11/2024 DIRECT DEPOSIT ZIMEI, BENJAMIN 3,555.66 415107 10/11/2024 DIRECT DEPOSIT BLANCO PEREZ, YULIEN 1,482.92 415108 10/11/2024 DIRECT DEPOSIT CHAMPAGNE, SAMUEL 1,334.83 415109 10/11/2024 DIRECT DEPOSIT EVANS, AUSTIN 1,139.62 415110 10/11/2024 DIRECT DEPOSIT HOVEY, STORM 1,033.01 415111 10/11/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 1,069.80 415111 10/11/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 526.92 415112 10/11/2024 DIRECT DEPOSIT PERALTA, ALEXIS 2,025.00 415113 10/11/2024 DIRECT DEPOSIT TARDIF, TODD 2,090.67 415114 10/11/2024 DIRECT DEPOSIT THORNE, MICHAEL 550.00 415114 10/11/2024 DIRECT DEPOSIT THORNE, MICHAEL 200.00 415114 10/11/2024 DIRECT DEPOSIT THORNE, MICHAEL 1,095.69 415115 10/11/2024 DIRECT DEPOSIT YONKERS, LAURA 3,234.86 415116 10/11/2024 DIRECT DEPOSIT AUGUSTE, JEHU 1,435.96 415117 10/11/2024 DIRECT DEPOSIT LESTER, JEROME 2,245.07 415118 10/11/2024 DIRECT DEPOSIT MCINTYRE- MEISENBURG, MELISSA 1,980.38 415119 10/11/2024 DIRECT DEPOSIT WAPPES, SARA 1,656.27 415120 10/11/2024 DIRECT DEPOSIT ADAMS, SUSAN 2,333.94 96 415121 10/11/2024 DIRECT DEPOSIT EARMAN, JOSEPH 2,816.27 415122 10/11/2024 DIRECT DEPOSIT FLESCHER, JOSEPH 2,583.44 415123 10/11/2024 DIRECT DEPOSIT LOAR, DERYL 2,495.26 768305 10/11/2024 PRINTED FLECK, KELANI 665.79 768306 10/11/2024 PRINTED COUSINO, HEATHER 345.16 768307 10/11/2024 PRINTED DAWKINS, WALKER 120.22 768308 10/11/2024 PRINTED WILLIAMS, SOPHIA 525.76 768309 10/11/2024 PRINTED LOPEZ, ANTONIO 1,040.87 768310 10/11/2024 PRINTED LOPEZ, JUAN 3,111.65 768311 10/11/2024 PRINTED ROBINSON, JORDAN 1,518.19 768312 10/11/2024 PRINTED APPLEGATE, JAMES 40.17 768313 10/11/2024 PRINTED RIVIERE, AMBER 3,121.41 768314 10/11/2024 DIRECT DEPOSIT BELL, CRAIG 400.00 768314 10/11/2024 PRINTED BELL, CRAIG 1,051.29 768315 10/11/2024 PRINTED TUCKER, MATTHEW 442.43 768316 10/11/2024 DIRECT DEPOSIT GIBSON, KEVIN 125.00 768316 10/11/2024 PRINTED GIBSON, KEVIN 2,163.39 768317 10/11/2024 DIRECT DEPOSIT HORNE, BRIAN 1,650.00 768317 10/11/2024 DIRECT DEPOSIT HORNE, BRIAN 25.00 768317 10/11/2024 PRINTED HORNE, BRIAN 349.67 768318 10/11/2024 PRINTED MEDECKE, JULIE 1,170.89 768319 10/11/2024 PRINTED KOZAC, MASON 2,051.63 768320 10/11/2024 PRINTED PAYNE, GEORGE 2,198.36 768321 10/11/2024 DIRECT DEPOSIT BARKWELL, MICHAEL 25.00 768321 10/11/2024 PRINTED BARKWELL, MICHAEL 2,379.96 768322 10/11/2024 PRINTED MATTHES, LAURA 2,709.49 55805 10/07/2024 PRINTED FLORIDA PAIN MANAGEMENT ASSOCI 79.70 55806 10/07/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 72.47 55807 10/07/2024 PRINTED VERO ORTHOPAEDICS II PA 112.50 55808 10/07/2024 PRINTED ABSOLUTE SOLUTIONS 412.46 55809 10/07/2024 PRINTED AMERICAN ANESTHESIOLOGY OF FLORIDA 375.70 55810 10/07/2024 PRINTED SPNET 136.00 55811 10/07/2024 PRINTED SPNET 135.15 55812 10/07/2024 PRINTED VERO ORTHOPAEDICS 11 PA 112.50 55813 10/07/2024 PRINTED HEALTHESYSTEMS LLC 121.35 55813 10/07/2024 PRINTED HEALTHESYSTEMS LLC 769.79 55813 10/07/2024 PRINTED HEALTHESYSTEMS LLC 89.71 55813 10/07/2024 PRINTED HEALTHESYSTEMS LLC 104.33 55813 10/07/2024 PRINTED HEALTHESYSTEMS LLC 576.64 55813 10/07/2024 PRINTED HEALTHESYSTEMS LLC 40.86 55813 10/07/2024 PRINTED HEALTHESYSTEMS LLC 41.49 55813 10/07/2024 PRINTED HEALTHESYSTEMS LLC 764.63 55813 10/07/2024 PRINTED HEALTHESYSTEMS LLC 679.86 55814 10/07/2024 PRINTED COMMAND INVESTIGATIONS LLC 2,968.43 55815 10/07/2024 PRINTED PIRAMIDSS COURT REPORTING 113.95 55816 10/08/2024 PRINTED STEWARD MEDICAL GROUP INC NAT 98.10 55817 10/08/2024 PRINTED VERO ORTHOPAEDICS 11 PA 36.00 55818 10/08/2024 PRINTED BRUCE WEIMANN 1,795.50 55819 10/08/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 51.00 97 55820 10/08/2024 PRINTED COMMAND INVESTIGATIONS LLC 720.00 55820 10/08/2024 PRINTED COMMAND INVESTIGATIONS LLC 2,086.05 55821 10/08/2024 PRINTED KAYLA MERICLE 1,579.72 55822 10/08/2024 PRINTED MARCUS MALONE MD 294.95 55823 10/08/2024 PRINTED RONALD D. ADAMSON 1R 1,061.26 55824 10/08/2024 PRINTED SHILAH JONES 482.24 55825 10/08/2024 PRINTED SHILAH JONES 231.47 55826 10/09/2024 PRINTED ABSOLUTE SOLUTIONS 395.24 55827 10/10/2024 PRINTED EZ COMP CARE INC 2,241.56 55828 10/10/2024 PRINTED FIRST COAST CARDIOVASCULAR 102.86 55829 10/10/2024 PRINTED GILFORD SOUND EMERG PHYS, LLC 135.85 55830 10/10/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 104.13 55831 10/10/2024 PRINTED NORTH TAMPA ANESTHESIA CONSULTANTS 443.13 55832 10/10/2024 PRINTED VERO ORTHOPAEDICS II PA 149.40 55833 10/11/2024 PRINTED SPNET 101.15 55834 10/11/2024 PRINTED SPNET 101.15 55835 10/11/2024 PRINTED SPNET 101.15 55836 10/11/2024 PRINTED SPNET 101.15 55837 10/11/2024 PRINTED SPNET 101.15 55838 10/11/2024 PRINTED SPNET 101.15 55839 10/11/2024 PRINTED SPNET 101.15 55840 10/11/2024 PRINTED SPNET 184.45 2293 10/07/2024 PRINTED INDIAN RIVER COURT REPORTING & VIDEO 210.00 2294 10/07/2024 PRINTED WHITEBIRD PLLC 11,900.91 2295 10/09/2024 PRINTED LEGAL VIDEO & MEDIA SPECIALISTS INC 325.00 5,615,196.24 98 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: October 18, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 12, 2024 to October 18, 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 October 12, 2024 to October 18, 2024. 99 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 12312 10/14/2024 WIRE IRC FIRE FIGHTERS ASSOC 11,832.80 12313 10/14/2024 WIRE BLUE CROSS & BLUE SHIELD 259,307.59 12314 10/14/2024 WIRE INVESTORS TITLE INSURANCE COMPANY 65,000.00 12315 10/14/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 621.00 12316 10/14/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 2,377.52 12317 10/14/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,115.02 12318 10/14/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,476.53 12319 10/14/2024 WIRE KIMLEY HORN & ASSOC INC 88,760.60 12320 10/14/2024 WIRE INDIAN RIVER COUNTY SHERIFF 223,682.92 12321 10/14/2024 WIRE PUBLIC DEFENDER 4,628.84 12322 10/14/2024 WIRE VEROTOWN LLC 5,000.00 12323 10/14/2024 WIRE RX BENEFITS INC 325,081.31 12324 10/14/2024 WIRE ATLAS ORGANICS INDIAN RIVER LLC 206,047.60 12325 10/15/2024 WIRE FL SDU 3,163.51 12326 10/15/2024 WIRE IRS-PAYROLL TAXES 4,065.19 12327 10/15/2024 WIRE IRS-PAYROLL TAXES 617,594.81 12328 10/15/2024 WIRE LINCOLN RETIREMENT 100,304.06 12329 10/15/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 734.99 12330 10/15/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 568.01 12331 10/15/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 456.01 12332 10/15/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 172.98 12333 10/16/2024 WIRE FLORIDA DEPARTMENT OF REVENUE 883.96 12334 10/16/2024 WIRE FLORIDA DEPARTMENT OF REVENUE 14,174.07 12335 10/16/2024 WIRE FLORIDA DEPARTMENT OF REVENUE 2,503.21 12336 10/16/2024 WIRE FLORIDA DEPARTMENT OF REVENUE 1,772.85 12337 10/16/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 730.00 12338 10/16/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,281.22 12339 10/17/2024 WIRE VEROTOWN LLC 34,899.41 12340 10/17/2024 WIRE HEALTH ADVOCATE SOLUTIONS INC 4,068.59 12341 10/17/2024 WIRE KIMLEY HORN & ASSOC INC 2,160.00 12342 10/17/2024 WIRE BLUE CROSS & BLUE SHIELD 181,492.72 12343 10/17/2024 WIRE DBPR/BCAIB 36,830.44 12344 10/17/2024 WIRE EDH HOLDINGS LLC 913.85 12345 10/17/2024 WIRE CITY OF SEBASTIAN 35,611.47 12346 10/17/2024 WIRE IRS-PAYROLL TAXES 11,949.34 12347 10/17/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,596.63 12348 10/18/2024 WIRE RX BENEFITS INC 2,290.16 12349 10/18/2024 WIRE EVERSIDE HEALTH LLC 54,065.21 12350 10/18/2024 WIRE COMPTROLLER OF MARYLAND 56.70 12351 10/18/2024 WIRE AMERITAS 22,228.87 12352 10/18/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,281.66 12353 10/18/2024 WIRE EDH HOLDINGS LLC 3,360.08 455231 10/14/2024 PRINTED COMMANDLINK LLC 3,476.26 455232 10/14/2024 PRINTED RICHARD MECKES 75.00 455233 10/14/2024 PRINTED RACE TO SAFETY TRAINING LLC 555.00 455234 10/14/2024 PRINTED RACE TO SAFETY TRAINING LLC 185.00 455235 10/14/2024 PRINTED JESSE ROLAND 326.02 455236 10/14/2024 PRINTED ERIKA LUNDEEN 66.15 455237 10/14/2024 PRINTED ROBERT TOBAR 31.68 455238 10/14/2024 PRINTED HOWARD RICHARDS 75.00 100 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455239 10/14/2024 PRINTED EXPONENT HOLDINGS LLC 739.83 455240 10/14/2024 PRINTED ADAPTIVE HR SOLUTIONS LLC 1,062.68 455241 10/14/2024 PRINTED BRETT CORBETT 100.00 455242 10/14/2024 PRINTED ANTHONY WARREN 339.76 455243 10/14/2024 PRINTED ALFA LUXURY HOMES LLC 42.62 455244 10/14/2024 PRINTED ALICE R RILEY 63.74 455245 10/14/2024 PRINTED ANDREW CECKANOWICZ 63.13 455246 10/14/2024 PRINTED ANN JONES 17.33 455247 10/14/2024 PRINTED ANTHONY SMITH 47.81 455248 10/14/2024 PRINTED BW DICK INVESTMENT, LLC DBA SKILLZ ARCAD 79.48 455249 10/14/2024 PRINTED CHRISTIE GILBERT 50.81 455250 10/14/2024 PRINTED CRAIG H BROWN 70.77 455251 10/14/2024 PRINTED D R HORTON INC 336.49 455252 10/14/2024 PRINTED DI VOSTA HOMES L P 113.27 455253 10/14/2024 PRINTED DIANE WOINSKI 45.17 455254 10/14/2024 PRINTED DYLAN JAMES MEYERS 27.08 455255 10/14/2024 PRINTED EDWARD SALAGA 76.86 455256 10/14/2024 PRINTED ELLIE LEONARD 96.09 455257 10/14/2024 PRINTED FRED MYER 78.00 455258 10/14/2024 PRINTED GOMISNEBTEX, LLC 121.15 455259 10/14/2024 PRINTED GRBK GHO LUXURY HOMES LLC 77.03 455260 10/14/2024 PRINTED GRBK GHO PROPERTIES LLC 60.34 455261 10/14/2024 PRINTED HOLIDAY BUILDERS 66.91 455262 10/14/2024 PRINTED JACQUELINE WATFORD 44.03 455263 10/14/2024 PRINTED JAMES DOWNEY 75.45 455264 10/14/2024 PRINTED JAMES W COOPER 90.02 455265 10/14/2024 PRINTED JOHN EDWARD MCLEOD-MOYA 41.31 455266 10/14/2024 PRINTED KAIA BUTLER 16.55 455267 10/14/2024 PRINTED KATHRYN L DE GROAT 20.64 455268 10/14/2024 PRINTED KEVIN SARTAIN 34.49 455269 10/14/2024 PRINTED LAURA BURGESS 38.66 455270 10/14/2024 PRINTED LAURA L MCCLOSKEY 35.66 455271 10/14/2024 PRINTED LESLEY VILLENEUVE 37.60 455272 10/14/2024 PRINTED MARK WALLACH 77.27 455273 10/14/2024 PRINTED MARY M LYNCH 27.24 455274 10/14/2024 PRINTED MEGHAN RAMSAY 74.94 455275 10/14/2024 PRINTED MIKE TOKAZOWSKI 24.51 455276 10/14/2024 PRINTED MOLLY LATCHAW 82.16 455277 10/14/2024 PRINTED NVR INC D/B/A RYAN HOMES 41.67 455278 10/14/2024 PRINTED PAMELA KERLEY 63.91 455279 10/14/2024 PRINTED POLLYANA AREAS 71.46 455280 10/14/2024 PRINTED SANDY RIVAS CARBAJAL 37.34 455281 10/14/2024 PRINTED SUSAN NORMAN 72.27 455282 10/14/2024 PRINTED TAFKARA SMITH 59.71 455283 10/14/2024 PRINTED TTRES AT VERO BEACH LLC 320.85 455284 10/14/2024 PRINTED VICTORIA CAPUTO 72.76 455285 10/14/2024 PRINTED WJH LLC 58.03 455286 10/14/2024 PRINTED AINSLEY PANGBURN BELL 17.95 455287 10/14/2024 PRINTED ARVID ALFRED BRANDSTROM 51.61 455288 10/14/2024 PRINTED BLUESTAR FINANCIAL SERVICES, LLC 16.75 101 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455289 10/14/2024 PRINTED C-TECH USA CORP 326.37 455290 10/14/2024 PRINTED CAROL PITTAS 43.61 455291 10/14/2024 PRINTED CLAIRECE PADILLA 33.97 455292 10/14/2024 PRINTED CRYSTAL CHEZEM 7.20 455293 10/14/2024 PRINTED D R HORTON INC 71.51 455294 10/14/2024 PRINTED DANIEL MILES 14.67 455295 10/14/2024 PRINTED DEBBIE CALDWELL-MILLER 54.06 455296 10/14/2024 PRINTED DI VOSTA HOMES L P 308.32 455297 10/14/2024 PRINTED DONNA A IANNOTTI 9.68 455298 10/14/2024 PRINTED DOROTHY WIGGINS 36.44 455299 10/14/2024 PRINTED ERICA M NAPOLEONI 18.45 455300 10/14/2024 PRINTED ERNESTJOHNSON 41.28 455301 10/14/2024 PRINTED FRED ARNOLD 60.24 455302 10/14/2024 PRINTED GLITTER CRAZE LLC 45.07 455303 10/14/2024 PRINTED GRBK GHO HIGH POINTE LLC 89.37 455304 10/14/2024 PRINTED HEATHER WYRICK-HAZEL 33.12 455305 10/14/2024 PRINTED JANICE WHITNEY 42.95 455306 10/14/2024 PRINTED JODY MARASIGAN 100.00 455307 10/14/2024 PRINTED JOHN BRITT 89.98 455308 10/14/2024 PRINTED KATELYN PURSEL 39.07 455309 10/14/2024 PRINTED KEVIN PHILLIPS 16.32 455310 10/14/2024 PRINTED KIM C STREET 43.58 455311 10/14/2024 PRINTED LADELL V & CASSANDRA YOUNG 77.54 455312 10/14/2024 PRINTED MORELLA HELLER 18.46 455313 10/14/2024 PRINTED PULTE HOMES 390.33 455314 10/14/2024 PRINTED RAUL SAMSON RAMOS 68.40 455315 10/14/2024 PRINTED RICK MC DONALD 40.15 455316 10/14/2024 PRINTED ROY SEVILLA 30.56 455317 10/14/2024 PRINTED SIERRA RITCHEY 42.24 455318 10/14/2024 PRINTED SUSAN HAUXHURST 272.16 455319 10/14/2024 PRINTED TAYLOR LATERRA 29.58 455320 10/14/2024 PRINTED THOMAS BAUERS 23.70 455321 10/14/2024 PRINTED THOMAS DUJMOVICH 84.36 455322 10/14/2024 PRINTED THOMAS BURGER 77.04 455323 10/14/2024 PRINTED VALERIE HIGGINBOTHAM 83.85 455324 10/14/2024 PRINTED VENTILATION SOLUTIONS INC 34.63 455325 10/14/2024 PRINTED WILLIAM HOLMAN 13.37 455326 10/14/2024 PRINTED WILLIAM KEARSLEY 69.87 455327 10/14/2024 PRINTED YVETTE TH I ERRY 38.15 455328 10/14/2024 PRINTED ZACKERY WISTORT 61.74 455329 10/14/2024 PRINTED RICOH USA INC 30.68 455330 10/14/2024 PRINTED DEPARTMENT OF HEALTH 70.00 455331 10/14/2024 PRINTED CITY OF VERO BEACH 157.96 455332 10/14/2024 PRINTED CALIFORNIA STATE DISBURSEMENT UNIT 305.19 455333 10/14/2024 PRINTED FLORIDA BLUE 7,966.00 455334 10/14/2024 PRINTED FLORIDA POWER AND LIGHT 1,315.69 455335 10/14/2024 PRINTED CELICO PARTNERSHIP 1,357.03 455336 10/14/2024 PRINTED MHC OPERATING LIMITED PARTNERSHIP 682.00 455337 10/14/2024 PRINTED COMMONWEALTH OF MASSACHUSETTS 498.08 455338 10/14/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 87.30 102 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455339 10/14/2024 PRINTED MILLENNIUM CREMATORY LLC 750.00 455340 10/14/2024 PRINTED P&A ADMINISTRATIVE SERVICES INC 645.00 455341 10/14/2024 PRINTED SREIT PEMBERLY PALMS LLC 470.00 455342 10/14/2024 PRINTED ROBERT TOBAR 60.00 455343 10/14/2024 PRINTED HI LIFE PROPERTY MANAGEMENT LLC 1,668.00 455344 10/14/2024 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 73.85 455345 10/14/2024 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 129.23 455346 10/14/2024 PRINTED ERIK HARVEY 786.73 455347 10/14/2024 PRINTED AILEN GARCIA CHADWICK 198.50 455348 10/14/2024 PRINTED COUNCIL OF FINANCIAL EDUCATORS INC. 580.12 455349 10/14/2024 PRINTED ERICJUNGE 51.74 455350 10/14/2024 PRINTED GENESIS ADVENTURES 500.00 455351 10/14/2024 PRINTED UNDER THE SUN PROMOTIONS 500.00 455352 10/14/2024 PRINTED BILLIE SINGLETON 34.19 455353 10/14/2024 PRINTED LARRY DWI LLIAMS 1R. 84.71 455354 10/14/2024 PRINTED LYMARIEL CASTILLO 136.78 455355 10/14/2024 PRINTED MARTA KAY DEGENNARO 300.00 455356 10/14/2024 PRINTED OUTLAW MARITIME LLC 34,500.00 455357 10/14/2024 PRINTED PORT CONSOLIDATED 7,931.60 455358 10/14/2024 PRINTED SOUTHERN SEWER EQUIPMENT SALES 80.35 455359 10/14/2024 PRINTED LENGEMANN 284.70 455360 10/14/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 968.10 455361 10/14/2024 PRINTED AMERICAN BUSINESS INTERIORS 4,249.21 455362 10/14/2024 PRINTED RICOH USA INC 9.30 455363 10/14/2024 PRINTED SCOTTS SPORTING GOODS 609.90 455364 10/14/2024 PRINTED SAFETY PRODUCTS INC 190.30 455365 10/14/2024 PRINTED GRAINGER INC 187.94 455366 10/14/2024 PRINTED ELPEX 839.33 455367 10/14/2024 PRINTED DELL MARKETING LP 600.00 455368 10/14/2024 PRINTED MIDWEST TAPE LLC 195.44 455369 10/14/2024 PRINTED ODYSSEY MANUFACTURING CO 28,365.00 455370 10/14/2024 PRINTED GALE/CENGAGE LEARNING 356.87 455371 10/14/2024 PRINTED SOUTHERN EMBROIDERY 784.40 455372 10/14/2024 PRINTED SHI INTERNATIONAL CORP 1,767.00 455373 10/14/2024 PRINTED SUNSHINE PHYSICAL THERAPY CLINIC 605.00 455374 10/14/2024 PRINTED IRC CLERK OF THE COURT 580.75 455375 10/14/2024 PRINTED INDIAN RIVER CTY CLERK OF THE COURT 107.90 455376 10/14/2024 PRINTED US POSTAL SERVICE 400.00 455377 10/14/2024 PRINTED FLORIDA DEPT OF TRANSPORTATION 12.86 455378 10/14/2024 PRINTED FLORIDA DEPT OF AGRICULTURE AND 450.00 455379 10/14/2024 PRINTED TYLER TECHNOLOGIES INC 49,377.99 455380 10/14/2024 PRINTED CALLAWAY GOLF 1,559.14 455381 10/14/2024 PRINTED FLORIDA POWER AND LIGHT 18,893.80 455382 10/14/2024 PRINTED FLORIDA POWER AND LIGHT 6,688.76 455383 10/14/2024 PRINTED PEACE RIVER ELECTRIC COOPERATIVE INC 235.30 455384 10/14/2024 PRINTED COMPLETE ELECTRIC INC 1,480.00 455385 10/14/2024 PRINTED TREASURE COAST SPORTS COMMISSION 850.00 455386 10/14/2024 PRINTED IRC HEALTHY START COALITION INC 10,039.60 455387 10/14/2024 PRINTED JOHN BROWN & SONS INC 7,852.34 455388 10/14/2024 PRINTED CUES 676.50 103 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455389 10/14/2024 PRINTED FRSA 170.00 455390 10/14/2024 PRINTED FIRESTONE COMPLETE AUTO CARE 73.99 455391 10/14/2024 PRINTED ECONOLITE CONTROL PRODUCTS INC 2,300.00 455392 10/14/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 99.00 455393 10/14/2024 PRINTED CELICO PARTNERSHIP 40.43 455394 10/14/2024 PRINTED CELICO PARTNERSHIP 229.50 455395 10/14/2024 PRINTED GERELCOM INC 3,242.17 455396 10/14/2024 PRINTED SHOEBOX STORIES 2,880.00 455397 10/14/2024 PRINTED ORCHID ISLAND PROPERTY MGMT II INC 7,466.00 455398 10/14/2024 PRINTED SIMS CRANE & EQUIPMENT CO 663.00 455399 10/14/2024 PRINTED NICOLACE MARKETING INC 2,646.00 455400 10/14/2024 PRINTED NORTH HARRIS COMPUTER CORPORATION 106,074.79 455401 10/14/2024 PRINTED HALO RESCUE 3.00 455402 10/14/2024 PRINTED BRENNTAG MID -SOUTH INC 26,336.63 455403 10/14/2024 PRINTED STAT MEDICAL DISPOSAL INC 450.00 455404 10/14/2024 PRINTED OVERDRIVE INC 1,089.11 455405 10/14/2024 PRINTED CLEAR VILLAGE INC 33,665.10 455406 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PRINTED TRACKMAN INC 2,100.00 455664 10/17/2024 PRINTED TECHNICAL MAINTENANCE INC 1,050.00 455665 10/17/2024 PRINTED ROUTE 1 MOTORSPORTS UNLIMITED INC 318.11 455666 10/17/2024 PRINTED DENA KAY MATTHEWS 2,091.00 455667 10/17/2024 PRINTED PALMDALE INTERMEDIATE LLC 919.52 455668 10/17/2024 PRINTED INDIO RIVER LLC 1,208.00 455669 10/17/2024 PRINTED AZAREL HOLDINGS INC 32.25 455670 10/17/2024 PRINTED GANNETT MEDIA CORP 1,483.75 455671 10/17/2024 PRINTED CENTURION SECURITY GROUP LLC 4,747.20 455672 10/17/2024 PRINTED FLORIDA ULS OPERATING LLC 7,904.51 455673 10/17/2024 PRINTED BRADY COMPANIES LLC 137.35 455674 10/17/2024 PRINTED BRADY COMPANIES LLC 299.46 455675 10/17/2024 PRINTED TEN -8 FIRE & SAFETY LLC 4,447.81 455676 10/17/2024 PRINTED TAFFORD LYLES 100.00 455677 10/17/2024 PRINTED SEABROOKS TOO LLC 471.00 455678 10/17/2024 PRINTED ALLMON PROPERTY MANAGEMENT LLC 3,319.00 455679 10/17/2024 PRINTED CYNTHIA WOLD 50.00 455680 10/18/2024 PRINTED MIDWEST TAPE LLC 288.62 455681 10/18/2024 PRINTED OVERDRIVE INC 1,035.00 455682 10/18/2024 PRINTED MICHAEL EDWARD HAMILTON 325.00 455683 10/18/2024 PRINTED AMAZON CAPITAL SERVICES INC 70.45 455684 10/18/2024 PRINTED BAKER & TAYLOR 1,477.40 455685 10/18/2024 PRINTED HOUSING & URBAN DEVELOPMENT 3,487.00 903717 10/17/2024 PRINTED CELICO PARTNERSHIP 40.43 1022005 10/14/2024 ACI OFFICE DEPOT 603.11 1022006 10/14/2024 ACI FL DEPT OF ENVIRONMENTAL PROTECTION 250.00 109 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 1022007 10/14/2024 ACI COMCAST 199.95 1022008 10/14/2024 ACI INDIAN RIVER OXYGEN INC 122.00 1022009 10/14/2024 ACI MIKES GARAGE & WRECKER SERVICE INC 285.00 1022010 10/14/2024 ACI GROVE WELDERS INC 4,600.00 1022011 10/14/2024 ACI GREEN EQUIPMENT COMPANY 1,490.00 1022012 10/14/2024 ACI DYER CHEVROLET 437.06 1022013 10/14/2024 ACI UNIFIRST CORPORATION 417.48 1022014 10/14/2024 ACI NEXAIR LLC 63.54 1022015 10/14/2024 ACI EVERGLADES EQUIPMENT GROUP 4,039.07 1022016 10/17/2024 ACI INDIAN RIVER OXYGEN INC 4,456.50 1022017 10/17/2024 ACI RING POWER CORPORATION 18,344.24 1022018 10/17/2024 ACI GALLS LLC 309.41 1022019 10/17/2024 ACI GROVE WELDERS INC 2,575.00 1022020 10/17/2024 ACI SOUTHERN COMPUTER WAREHOUSE 23,260.69 1022021 10/17/2024 ACI WIGINTON FIRE SYSTEMS 2,970.00 1022022 10/17/2024 ACI GREEN EQUIPMENT COMPANY 1,151.00 1022023 10/17/2024 ACI UNIFIRST CORPORATION 2,692.92 1022024 10/17/2024 ACI RELIABLE SEPTIC & SERVICES 100.00 1022025 10/17/2024 ACI GUARDIAN HAWK SECURITY 2,786.21 1022026 10/17/2024 ACI HD SUPPLY INC 31.70 415124 10/16/2024 DIRECT DEPOSIT BOWMAN, KATHLEEN 646.60 415125 10/16/2024 DIRECT DEPOSIT CASS, JAMES 3,185.37 415126 10/16/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 100.00 415126 10/16/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 4,008.13 415127 10/16/2024 DIRECT DEPOSIT KIERNAN, DAVID 2,209.79 415128 10/16/2024 DIRECT DEPOSIT FREEMAN, BRIAN 4,000.30 415129 10/16/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 1,000.00 415129 10/16/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 1,231.01 415130 10/16/2024 DIRECT DEPOSIT JASPER, RICARDO 266.42 415131 10/16/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 6.15 415131 10/16/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 301.48 415132 10/16/2024 DIRECT DEPOSIT THIELE, MICHAEL 179.37 415132 10/16/2024 DIRECT DEPOSIT THIELE, MICHAEL 717.46 415133 10/16/2024 DIRECT DEPOSIT HATALA, BROCK 508.02 415134 10/16/2024 DIRECT DEPOSIT SCHRYVER, DAVID 4,177.14 2296 10/15/2024 PRINTED WHITEBIRD PLLC 2,057.00 2296 10/15/2024 PRINTED WHITEBIRD PLLC 307.00 2297 10/17/2024 PRINTED AARON EFFERSTEIN 101.38 2298 10/17/2024 PRINTED LOUIS ROQUE 3,385.00 55841 10/14/2024 PRINTED FOURSTONE HEALTH LLC 86.25 55842 10/14/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 101.63 55843 10/14/2024 PRINTED SPNET 136.00 55844 10/14/2024 PRINTED SPNET 121.55 55845 10/14/2024 PRINTED HEALTHESYSTEMS LLC 99.11 55845 10/14/2024 PRINTED HEALTHESYSTEMS LLC 31.05 55845 10/14/2024 PRINTED HEALTHESYSTEMS LLC 40.53 55845 10/14/2024 PRINTED HEALTHESYSTEMS LLC 328.78 55846 10/15/2024 PRINTED QUEST DIAGNOSTICS 67.45 55847 10/15/2024 PRINTED SPNET 66.30 55848 10/15/2024 PRINTED TENET FLORIDA PHYSICIAN SERVICES II LLC 109.25 110 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 55849 10/15/2024 PRINTED MELECH BERMAN 758.25 55850 10/15/2024 PRINTED HR LAW PA 232.50 55851 10/16/2024 PRINTED ABSOLUTE SOLUTIONS 412.46 55852 10/16/2024 PRINTED HEALTH FIRST MEDICAL GROUP 150.00 55853 10/16/2024 PRINTED HR LAW PA 4,514.50 55854 10/17/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 72.47 55855 10/17/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 72.47 55856 10/17/2024 PRINTED QUANG LE 1,260.00 55857 10/18/2024 PRINTED CLEVELAND CLINIC INDIAN RIVER HOSPITAL 2,109.11 55858 10/18/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 154.11 55859 10/18/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 133.29 55860 10/18/2024 PRINTED QUEST DIAGNOSTIC 46.55 55861 10/18/2024 PRINTED UMIAMI MEDICINE - PATHOLOGY 56.84 55862 10/18/2024 PRINTED HR LAW PA 24.00 5,522,322.11 111 94— CONSENT INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: September 25, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John Titkanich, County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Change Order #i Bid 2023054 — Hosie Shumann Basketball Court Replacement BACKGROUND: On August 15, 2023, the Board of County Commissioners awarded Bid No. 2023054 to Sport Surfaces, LLC in the amount of $63,500.00 for the replacement of the basketball court and associated basketball systems at Hosie Schumann Park. Change Order #1 is requested due to the discovery of a previously unknown concrete slab located underneath the asphalt basketball court. The cost to demo, remove and dispose of the concrete pad was an additional $6,750.00. The new contract total will be $70,250.00. FUNDING• Funding for the entire project amount is available in the Hosie Shumann Park Improvements account, funded by Optional Sales Tax, account number 31521072 -o66390 - 18o11. 31521072-o663go-18oll $70,250-00 RECOMMENDATION: Staff recommends the Board approve Change Order #1 approving the additional work to Sport Surfaces, LLC in the amount of $6,75o.00, for a new contract total of $70,250.00, and authorize the Chairman to execute it, after review and approval by the county attorney as to form and legal sufficiency and authorize staff to make final payment for the project. Attachments Change Order #1 112 v Change Order Form No. 1 DATE OF ISSUANCE: 4/2$/2024 EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR Sports Surfaces, LLC Project: Hosie Shumann Park Basketball Court Replacement OWNER's Project No. 2023034 You are directed to make the following changes in the Contract Documents: Description: The contractor demoed, removed and disposed of the concrete slab. Reason for Change Order: The contractor discovered a concrete slab under the asphalt basketball court when removing the asphalt for replacement of the court. Attachments: Section 00948 --Agreement, Work Change Directive, Quote in the amount of $6,750 CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $63,500 Net Increase (Decrease) from previous Change Orders No. to $0.00 Contract Price prior to this Change Order. $63,500 Net increase (decrease) of this Change Order. $6,750 Contract Price with all approved Change Orders: $70,250 M. -o4 -2oZij . CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantiai Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: Final Completion; Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion. Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: R C NDED: B D RTMENT HEAD (Signature) Date: (0(f ��- I Change Order -1 Board of County Commissioners, Indian River County: By: Susan Adams, Chairman BCC roved: 113 SECTION 00948 - Work Change Directive No. DATE OF ISSUANCE: 4/26/2024 EFFECM TE: OWNER: Indian River County CONTRACTOR Sport Surfaces Project: Hosie Shumann Park Basketball Court Replacement OWNER's Project No. OWNER'S Bid No. 2023054 FM No.: N/A You are directed to proceed promptly with the following changes: Description: The contractor discovered a concrete slab under the asphalt basketball cowtwhienthe asphalt for replacement of the court. Reason for Change Order: The contractor will demo, remove and dispose of the concrete slab. Attachments: (List documents supporting change) There is an attached quote in the amount of $6,750 If OWNER or CONTRACTOR believe that the above change has affected Contract Price any Claim for a Change Order based thereon will involve one or more of the following methods as defined in the Contract Documents. Method of determining change in Contract Prices Q Unit Prices M' Lump Sum Q Other: a By Change Order: Method of determining change in Contract Times Contractor's Records [j Engineer's Records II Other: Q By Change Order: Estimated increase (decrease) of this Work Estimated increase (decrease) in Contract Times: Change Directive 56.750 Substantial Completion: 83 days-, Ready for Final Completion: 93 days. If the change involves an increase, the estimated If the change involves an increase, the estimated amount is not to be exceeded without further time is not to be exceeded without further authorization. authorization. ACCEPTED: By: 10awd e8rt.� CONTRACTOR (Signature) Date: RECOMMENDEDb,.,,,,p,„M,�fl.,a Bradeaewaa,�riyylglNC � US i> �1 . I�,.n RMrObIY{OU = BYDMAicnn D- a 20240426 4 oar �osao.�e,�e.:z.. 0.'ov Parks Superintendent ** END OF SECTION** APPROVED: Oryplall� tlpne� by. Jennifer Jennifer". ==Jann,er�ro a� By: o -a �iw,Mver.3.o= u5 0 = IMien Rir'er C.ain1V 0 = P,.4.261425 OWN re; o,le 2024 dz `9m9e'oa- .N' Date: Work Change Directive — 00948 CSUserslkleiendecker%Desklop\Master Bid Docs 5-'13-2020TIV 0_6—Conditions of the ContracLd= 114 Change Order Print 4/24/24, 9:41 AM Printed: Apr 24, 2024 7011 Wilson Rd, West Palm Beach, FL 33413-2234 Phone:561-634-0664 Owner Info Job Info Change Order ID None 1760 39TH STREET Vero Beach„ FL 32960 0001 Indiana River County - Hosie Shumann Park CO ID Created Approved Date Price 0001 Created: Apr 24, 2024::.. $6,760.00 Description Removal of concrete slab SCOPE OF WORK: I The Contractor will ***Removal of conc rete slab under apshalt basketball court*** FEE The Contractor agrees to provide tools, materials, labor, supervision and insurance to complete the above work for a sum of ***6,750.00**'` PROVISIONS The Customer agrees to pay a 100% due upon acceptance of proposal The Customer agrees to a pay balance upon completion of the above -proposed work. GUARANTEE The Contractor guarantees all work against defects in workmanship or materials for a period of (2)_years from date of completion. This guarantee excludes Normal wear and tear, physical abuse or neglect and any other conditions beyond the contractor's control, such as sub -base settling, structural cracks, asphalt shrinkage cracks, hydrostatic pressure or water vapor pressure bubbles, intrusion of weeds or grass, etc. Existing cracks may reappear at any time. Proper tennis shoes must be worn on court. Some sneakers, street shoes, dark soled shoes, skateboards, roller blades, etc. will scuff and damage surface. Guarantee shall become void upon owner's failure to adhere and comply with the payment schedule. TERMS & CONDITIONS CUSTOMER AGREES THAT BY SIGNING THE BELOW CONTRACT THEY AGREE TO ABIDE BY OUR TERMS AND https://buildertrend.net/app/ChangeOrder/Print?ids=7029380 Page 1 of 2 115 Change Order Print 4/24/24, 9:41 AM CONDITIONS WHICH CAN BE FOUND BY CLICKING THIS LINK OR CUTTING AND PASTING THIS LINK ONTO THEIR BROWSER: https://sportsurfaces.comtterms-and-conditions/ i Items Cost Types:: .: Description.: Qty f UaR Unit Price Price: Concrete slab removal Labor Demo, removal, and 1 :561750.00 $6,750.00 Construction Material disposal of existing Basketball Equipment concrete slab under asphalt basketball court.:.: .: Price is all inclusive Approval Comments I confirm that my action here represents my electronic signature and is binding. TOTAL AMOUNT OF CHANGE ORDER: $6,750.00 https://buildertrend.net/app/ChangeOrder/Print?ids=7029380 Page 2 of 2 116 it Consent Agenda Indian River County Interoffice Memorandum Office of Management & Budget To: Members of the Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator From: Kristin Daniels Director, Office of Management & Budget Date: October 21, 2024 Subject: Miscellaneous Budget Amendment 08 Description and Conditions: 1. On September 24, 2024, the Board of County Commissioners approved funding of the Indian River County Centennial Celebration. Exhibit "A" appropriates $160,000 from General Fund/ Reserve for Contingency. 2. The combination of increased visibility for Human Services and the rising needs within Indian River County has resulted in additional funds being needed in the Human Services Department for providing rent, utility, and food assistance. Exhibit "A" appropriates $22,697 from General Fund/Reserve for Contingency. 3. On September 24, 2024, the Board of County Commissioners approved the Sheriff's request of $22,240 from the Offender Fees Reserve Account. Exhibit "A" appropriates the revenue and expense. 4. On August 15, 2023 the Board of County Commissioners approved the Purchasing Manager to execute any annual renewals that do not include a change to terms or rates, to the Supplemental Building Inspector Services Agreement with M.T. Causley, LLC. The term of the agreement extends annually, unless either party provides 30 -days' notice of its intent not to renew. Exhibit "A" appropriates the additional funding of $500,000 necessary to cover the change order from Building Permit revenue collected. 5. On August 20, 2024, the Board of County Commissioners approved the replacement of the Fire Rescue's Marine Vessel. Exhibit "A" appropriates the funding of $542,694 from Emergency Services/Fire Rescue/Reserve for Contingency. 6. The County's portion of Medicaid expenses for fiscal year 2023-24 exceeded budgeted estimates by $42,963. Exhibit "A" appropriates the additional funding needed from General Fund/Reserve for Contingency. Staff Recommendation: Staff recommends the Board of County Commissioners approve the budget resolution amending the fiscal year 2023-24 budget. 117 RESOLUTION NO. 2024- A RESOLUTION OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE FISCAL YEAR 2023-2024 BUDGET. WHEREAS, certain appropriation and expenditure amendments to the adopted Fiscal Year 2023-2024 Budget are to be made by resolution pursuant to section 129.06(2), Florida Statutes; and WHEREAS, the Board of County Commissioners of Indian River County desires to amend the fiscal year 2023-2024 budget, as more specifically set forth in Exhibit "A" attached hereto and by this reference made a part hereof, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Fiscal Year 2023-2024 Budget be and hereby is amended as set forth in Exhibit "A" upon adoption of this Resolution. This Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared this Resolution duly passed and adopted this day of , 2024. Attest: Ryan L. Butler Clerk of Court and Comptroller as Deputy Clerk INDIAN RIVER COUNTY, FLORIDA Board of County Commissioners as :YA APPROVED AS TO FORM AND LEGAL SUFFICIENCY COUNTY ATTORNEY 118 Resolution No. 2024 - Budget Office Approval: Exhibit "A" Kristin Daniels, Budget Director Budget Amendment 08 Entry Type Fund/ Department/Account Name Account Number Increase Decrease General Fund/Main Library/Other Promotional 00110971-034820-24022 $160,000 $0 Expense Expense/County Centennial Celebration 1. General Fund/Reserve for Contingency 00119981-099910 $0 $160,000 General Fund/Human Services/Other 00121164-033190 $22,697 $0 2. Expense Professional Services General Fund/Reserve for Contingency 00119981-099910 $0 $22,697 Revenue Special Law Enforcement Fund/Addt'I Court 112034-348931 $22,240 $0 Crime Prevention' 3. [Expense Special Law Enforcement Fund/Sheriff Law 11260086-099040 $22,240 $0 Enforcement Revenue County Building/Building Permits -County 441032-322010 $500,000 $0 4. Expense County Building/Building 44123324-033470 $500,000 $0 Department/Contracted Labor Services Emergency Services/Fire Rescue/Automotive 11412022-066420 $542,694 $0 5. Expense Emergency Services/Fire Rescue/Reserve for 11412022-099910 $0 $542,694 Contingency General Fund/Medicaid/Hospital 00111164-033170 $42,963 $0 6. Expense General Fund/Reserve for Contingency 00119981-099910 $0 $42,963 toff 119 ram CONSENT AGENDA INDIAN RIVER COUNTY INTER -OFFICE MEMORANDUM OFFICE OF MANAGEMENT AND BUDGET TO: Members of the Board of County Commissioners DATE: October 22, 2024 SUBJECT: Interfund Borrowing — Fiscal Year 2023/2024 THROUGH: John A. Titkanich, Jr. County Administrator FROM: Kristin Daniels Director, Office of Management & Budget At the end of the fiscal year, it occasionally becomes necessary to cover cash deficits in individual funds with interfund borrowing. Staff anticipates the need for interfund borrowing in the funds below: Interfund borrowing is necessary in most funds due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Staff is requesting approval from the Board of County Commissioners for interfund borrowing in the funds listed above as well as other funds as necessary. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Distribution: Elissa Nagy, Chief Deputy Comptroller 120 Fiscal Year Fiscal Year Due from Fund Due to Fund 2022/23 2023/24 Est. Metropolitan Planning General Fund - 001 $223,000 $235,000 Organization (MPO) Fund - 124 Coastal Engineering Fund - 128 General Fund — 001 $4,000,000 $5,700,000 Federal/State Grants Fund - 136 General Fund — 001 $0 $3,500 Interfund borrowing is necessary in most funds due to the fact that the County is awaiting reimbursement from the State or Federal government for various grant eligible expenditures. Staff is requesting approval from the Board of County Commissioners for interfund borrowing in the funds listed above as well as other funds as necessary. Staff Recommendation Staff recommends approval for interfund borrowing as necessary to cover any cash deficits of individual funds that may occur. Distribution: Elissa Nagy, Chief Deputy Comptroller 120 o it CONSENT AGENDA INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 17, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: Designation of Excess Equipment as Surplus and Authorization for Disposal BACKGROUND: The equipment on the attached list has been determined excess to the needs of Indian River County and requires disposal in accordance with Florida Statutes and Finance Policies. As previously authorized by the Board, the items will be sold by online auction and funds received from the sale of these items will be returned to the appropriate accounts. FUNDING: There is no cost to the County associated with these requests. RECOMMENDATION: Staff recommends the Board declare the items on the Excess List for 110524 Agenda as surplus and authorize their disposal. ATTACHMENT: Excess List for 110524 Excess List for 110524 P 4 ,3 @ f '�Y a>1a',U'1=10 e .vak 4g"k`#^ 120 28012 710 2015 Ford F650 Ambulance N SELL 120 21678 553 2004 Ford F550 4X4 N SELL 120 21870 Portacount Plus Respirator Test Machine 8020A N SELL 120 19771 Proxima Projector 6856♦ N SELL 120 22498 Bullard Thermal Imager N SELL 120 31125 Harris XG25M Radio N SELL 120 24687 TV N SELL 120 25269 TV N SELL 120 25268 TV N SELL 120 22897 574 2005 Pierce Enforcer Y SELL 120 21889 581 2004 Pierce Enforcer Pumper Y SELL 120 1 23936 576 2007 Ford Econoline E250 Y SELL 120 31887 Dell Latitude 5410 Laptop N SELL 161 29286 Dell Optiplex 5050 N SELL 161 Sharp Cash Register Y SELL 161 31886 Dell Latitude 5410 Laptop N SELL 201 30471 Microsoft Surface Pro Y SELL 204 31283 Dell Latitude 5410 Laptop N SELL 205 (2) Samsung 32" Monitors Y SELL 218 26328 Influent Auto Sampler N SELL 219 19579 Air Compressor Y SELL 220 29268 Dell Precision 3620 Workstation N SELL 231 HP Laserjet printer Y SELL 233 28075 1014 2015 Chevy Silverado N SELL 233 31293 Dell Optiplex 5070 N SELL 233 31289 Dell Optiplex 5070 N SELL 233 31292 Dell Optiplex 5070 N SELL 233 31285 Dell Optiplex 5070 N SELL 233 31286 Dell Optiplex 5070 N SELL 233 28591 Dell Optiplex 5040 N SELL 233 29295 Dell Computer N SELL 233 28366 Dell Computer N SELL 233 1 29028 Dell Computer N SELL 241 30688 Microsoft Surface Pro N SELL 241 31884 Dell Latitude 5410 Laptop N SELL 241 31899 Dell Latitude 5410 Laptop N SELL 241 31880 Dell Latitude 5410 Laptop N SELL 241 31874 Dell Latitude 5410 Laptop N SELL 243 (2) Dell 22" Computer Monitors Y SELL 243 1 30460 Dell Latitude Rugged 5414 Laptop N SELL 244 30456 Microsoft Surface Pro N SELL 244 30692 Microsoft Surface Pro N SELL 244 27677 HP Laserjet printer Y SELL 250 25763 Kyocera Taskalfa 400ic All -in -one printer N SELL 250 27055 449 2013 Ford E-250 Cargo Van Y SELL 265 Printer Y SELL 300 Sentry 6330 Safe Y SELL 352 1 i 1(22) Dell/AOC Computer Monitors Y SELL 123 SRA 1 26491 1 ITire Balancer (220V, 20 Amps) Y SELL 122 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: October 17, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management & Budget Jennifer Hyde, Purchasing Manager PREPARED BY: Shelby Ball, Purchasing Specialist SUBJECT: First Extension to Agreements for Annual Asphalt Paving & Resurfacing Services (Bid 2024011) BACKGROUND: The Board of County Commissioners awarded Bid 2024011 to M&M Asphalt Maintenance, Inc., dba All County Paving and Ranger Construction Industries, Inc. effective November 21, 2023, for Annual Asphalt Paving & Resurfacing Services. The Engineering Division has utilized these vendors and have been pleased with services rendered thus far and requested to execute the First Extension to the agreement, for an additional one-year period, with no change in rates. FUNDING: Funding for work orders under the agreements will vary, based on project. Most of the funds will come from the ARP Fund/Roads/Road Resurfacing account, number 13821441-053360 and the Secondary Roads Fund/Road & Bridge/Road Resurfacing account, number 10921441-053360. Account Name Account Number ARP Fund/Roads/Road Resurfacing 13821441-053360 Secondary Roads Fund/Road & Bridge/Road Resurfacing 10921441-053360 RECOMMENDATION: Staff recommends the Board approve the first extension to the agreements with M&M Asphalt Maintenance, Inc., dba All County Paving and Ranger Construction Industries, Inc. andauthorize the Chairman to execute them after the County Attorney has approved as to form and legal sufficiency. ATTACHMENTS: First Extension — M&M First Extension — Ranger 123 FIRST EXTENSION TO AGREEMENT FOR ANNUAL ASPHALT PAVING & RESURFACING SERVICES This First Extension to that certain Agreement to provide Annual Asphalt Paving & Resurfacing Services is entered into effective as of November 21, 2024, by and between Indian River County, a political subdivision of the State of Florida ("County") and M&M Asphalt Maintenance, Inc., dba All County Paving ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Asphalt Paving & Resurfacing Services effective November 21, 2023; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of November 21, 2023 and will end on November 20, 2024; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective November 21, 2024, and shall end on November 20 , 2025. There is a single, one-year renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 124 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. M&M Asphalt Maintenance, Inc., dba All County Paving By: Printed name: _ Title: (Corporate Seal) Date: INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS LE Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: Christopher A. Hicks Asst. County Attorney 125 Project Name Bid#: 2o?. LWli Bid Opening Date and Time: Bid Opening Location: The following addenda are hereby acknowledged: AddenNumber du Pr 2024011 Annual Paving (I -2304)2024011 Annual Asphalt Pavin and Resurfacing BIDORF M 2024011 October 4, 2023 2:00 P.M,, Purchasing Division 1800 27th Street Vero Beach, FL 32960 In accordance with all tarmc rnnrlitinnr Date 1\\ t�r =M--smilLb, LIM aiuuer offers the toll wing: Item ASPHALTIC CONCRETE ti. ROAD PARKING ' PAVING LOTS 1. SUPERPAVE SP -9.5 - LESS THAN 25 TONS VENDOR DELIVERED, PER MOBILIZATION VENDOR PLACED Traffic Level C $350.00/Ton $375.00 /Ton 2. SUPERPAVE SP -9.5 - 25-99 TONS PER VENDOR DEERED, LIV MOBILIZATION VENDOR PLACED Traffic Level C $249.00/Ton $279.00 /Ton 3. SUPERPAVE SP -9.5 -100-299 TONS PER VENDOR DELIVERED, MOBILIZATION VENDOR PLACED Traffic Level C $179.00 /Ton $189.00 /Ton 4. SUPERPAVE SP -9.5 - 300 TONS OR MORE VENDOR DELIVERED, PER MOBILIZATION VENDOR PLACED Traffic Level C $167.00 /Ton $175.00/Ton 5. SUPERPAVE SP -12.5 - 0-299 TONS PER VENDOR DELIVERED, MOBILIZATION VENDOR PLACED Traffic Level C $179.00/Ton $185.00 /Ton 6. SUPERPAVE SP -12.5 - 300 OR MORE TONS VENDOR DELIVERED, PER MOBILIZATION VENDOR PLACED Traffic Level C $165.00 /Ton ! $187.00 /Ton 7. FRICTION COURSE FC -9.5 VENDOR DELIVERED, VENDOR PLACED Traffic Level C $209.00 /Ton Will your company extend these prices to other governmental agencies within the State of Florida? Contractor License Number(s): CGC1534510 The following equipment is owned by our firm and available for this work- I. Year IType Make and Model $208. Yes ® . I -12.5 VENDOR DELIVERED, VENDOR PLACED Traffic Level C 9. TACK FOB GALLON FOB GALLON 10. PRIME VENDOR DELIVERED, VENDOR PLACED 11. PRIME AND SAND VENDOR DELIVERED, VENDOR PLACED 12. HOT ASPHALT FOR PICK UP FOB WT PLANT SP -9.5 FOR PICK UP 13. TEMPORARY STRIPING VENDOR SCHEDULES & PROVIDES 14. NIGHT WORK COST PER TON INCREASE 15A. 15B. COST FOR MILLING & CLEAN UP 0-2,500 SY AND UNDER 2,501-5,000 SY 15C. 5,001 TO 15,000 SY 15D. 15,001 SY AND OVER 16. TIE-INS PER SCOPE OF WORK Will your company extend these prices to other governmental agencies within the State of Florida? Contractor License Number(s): CGC1534510 The following equipment is owned by our firm and available for this work- I. Year IType Make and Model $208. Yes ® . FIRST EXTENSION TO AGREEMENT FOR ANNUAL ASPHALT PAVING & RESURFACING SERVICES This First Extension to that certain Agreement to provide Annual Asphalt Paving & Resurfacing Services is entered into effective as of November 21, 2024, by and between Indian River County, a political subdivision of the State of Florida ("County") and Ranger Construction Industries, Inc. ("Contractor"). BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Asphalt Paving & Resurfacing Services effective November 21, 2023; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and WHEREAS, the first term commenced effective as of November 21, 2023 and will end on November 20, 2024; and WHEREAS, pursuant to the Agreement, the parties desire to extend the Agreement for an additional one year; and NOW, THEREFORE, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Contractor agree as follows: 1. The background recitals are true and correct and form a material part of this First Extension. 2. The first renewal term shall commence effective November 21, 2024, and shall end on November 20 , 2025. There is a single, one-year renewal available on the contract. 3. All other terms and provisions of the Agreement shall be unchanged and remain in full force and effect. 128 IN WITNESS WHEREOF, the parties have caused this First Extension to be executed effective the day and year first set forth above. Ranger Construction Industries, Inc. By: Printed name: Title: (Corporate Seal) Date: LI -A INDIAN RIVER COUNTY, FLORIDA. BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Circuit Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: Christopher A. Hicks Asst. County Attorney 129 N INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: David Kiernan, Deputy Fire Chief Department of Emergency Services DATE: October 9, 2024 SUBJECT: Waiver of Requirement for Bids for Annual Physical Exams It is respectfully requested that the information contained herein be given formal consideration by the District Board of Commissioners at the next scheduled meeting. BACKGROUND: Public Safety Physical exams are required to be provided to first responders annually. This year, The Fire Rescue Division has piggybacked a City of Clearwater agreement with Life Extension clinics, Inc., DBA Life Scan Wellness Centers. The Division has received a quote for the physicals, utilizing an existing contract with the City of Clearwater. DISCUSSION: The base price quoted for physicals which include laboratory tests, ultrasound screenings for early detection of heart disease and cancer, cardiopulmonary testing, and fitness evaluation is $540.00, as per the City of Clearwater contract. Additional tests may be required, as needed, per individual first responder, at the following costs per the quote: Public Safety Annual Physical $ 540.00 OSHA Respirator Mask Fit Testing $ 48.00 Drug Screen $ 58.00 Phlebotomist(Blood Draw Fee $ 26.00 HazMat Team Heavy Metals Blood Draw 26personnel) $85.00 Medical Review Officer Review $ 142.00 Total $ 899.00 The City of Clearwater agreement has a lower price per physical than any other related cooperative or piggybank agreement. Although utilizing the pricing in the City of Clearwater agreement does not require Board authorization, Staff would like to request the Board waive the requirement for bids. 132 FUNDING: Funds for the physicals, in the amount of $220,898, are budgeted and available in the Emergency Services District/Fire Rescue/Medical Services account, number 11412022-033120. Account Description Account Number Amount Emergency Services District/Fire Rescue/Medical Services 11412022-033120 $220,898 RECOMMENDATION: Staff recommends the Board waive the requirement for bids and authorize the Purchasing Division to issue a purchase order in the amount of $220,898.00 to Life Extension Clinics, Inc., DBA Life Scan Wellness Centers. ATTACHMENTS: LifeScan Quote dated 10/04/2024 133 4W, LIFE S� Wellness Centers Order Information Purchase Order No.007 Version No.: 1 Issued By: Rebeca Knecht POC Rebecca Knecht Client POC: Indian River County Fire rescue 10/04/2024 Life Scan Wellness Centers 1011 N Macdill Ave Ship To: Bill To: 4225 43rd Ave Vero beach FL US 32967 4225 43rd Ave Vero beach FL US 32967 Exam $540..00 :340 $183,600.00 Drug Screen, I CUP $58.00 336 $19,488.00 Hazmat Heavy Metals $85.00 26 $2,210.00 OSHA Respirator Mask Fit Testing $48.00 325 $15,600.00 (PortaCount) Subtotal $220,898.00 Total $220,898.00 134 40 LIFE SCAN WELLNESS CENTER Saving the Lives of America's Heroes LIFE SCAN WELLNESS CENTERS QUOTE: 2025 Department: Indian River County Fire City & State:Vero Beach, FL Contact: Chief David Kiernan Date: 10/16/24 Number of Physicals: TBD Public Safety Physical Exam (NFPA 1582 compliant) Medical & Occupational/Environmental Questionnaire Included Comprehensive Hands -On Physical Exam Included Vital Signs: Height, Weight, Blood Pressure, Pulse Included Behavioral Health Eval - Epworth Sleep, PCL -5, PHQ-9 Included Back Health Evaluation Included Urinalysis Included Audiogram Included Titmus Occupational Vision Exam Included Breast Exam with Self -Exam education Included Personal Consultation with review of testing results Included Laboratory Tests: Comprehensive Metabolic Panel, Blood Chemistry Included Complete Blood Count, Hematology Panel Included Hemoccult Stool Test for Colon Cancer Screening Included Total Lipid Panel Included Thyroid Test TSH Included Glucose Included Hemoglobin Al C Included Men: PSA (Prostate cancer marker) and Testosterone Included Women: CA -125 Included Ultrasound Screenings (Early Detection of Heart Disease and Cancer): Echocardiogram (Heart Ultrasound) Included Carotid Arteries Ultrasound Included Aorta and Aortic Valve Ultrasounds Included Liver Ultrasound Included Gall Bladder Ultrasound Included Kidneys Ultrasound Included Spleen Ultrasound Included Bladder Ultrasound Included Thyroid Ultrasound Included Men: Prostate and Testicular Ultrasounds Included 135 Women: Ovaries and Uterus Ultrasounds Included Cardiopulmonary Testing & Fitness Eval (NFPA 1583 &IAFF WFI) Cardiac Stress Test (Treadmill with 12 lead, sub-maximal) Included EKG, 12 Lead Included Spirometry, PFT with OSHA Respirator Medical Clearance Included Fitness tests for muscular strength & endurance Included V02 Max Calc for Aerobic Capacity Included Body Weight and Composition Included Personal Fitness Rx Included LIFE SCAN PUBLIC SAFETY PHYSICAL EXAM BASIC COST Each $515.00 Mandatory LifeScan NFPA Proprietary EMR System with Behavioral Health Assessments $25.00 Total Life Scan Wellness Center Cost per physical $540.00 OPTIONAL TESTS AVAILABLE Line Item Cost Chest X-Ray, 2 view with radiologist review ( included) $92.00 Lumbar X-Ray, 2 view with radiologist review $92.00 Hazmat Cholinesterase $85.00 Hazmat Heavy Metals $85.00 Hepatitis A Screening Test $64.00 Hepatitis A Titer $44.00 Hepatitis B Screening Test $68.00 Hepatitis B Titer $44.00 Hepatitis C Screening Test $68.00 HIV Test, Gen 4 $33.00 PPD TB Skin Test $27.00 QuantiFeron Gold TB Blood Test $84.00 Tdap (Tetanus, Diphtheria, Pertussis) Titer $37.00 OSHA Respirator Mask Fit Testing (PortaCount) $48.00 Drug Screen, I CUP $58.00 Drug Rescreen with confirmation $68.00 ABO $33.00 Nicotine $80.00 CPET Cardiopulmonary Test $126.00 Medical Review Officer (MRO) as indicated/secondary review $149.00 Phlebotomist (Blood Draw) Fee $25.00 Labs Drawn without Appointment $100.00 Form Fee - Add'I forms needing to be filled out by APRN (per form) $50.00 Secure Wifi if not provided by department (per week) $50.00 Minimum 45 appointments: Pricing subject to annual increase. Pricing is based on 9 patients per day, 45 per week. All scheduled appointments will be billed. 136 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Stephen Greer, Assistant Fire Chief of EMS Department of Emergency Services DATE: October 04, 2024 SUBJECT: Approval for Advance Purchase of Fire Rescue Apparatus It is respectfully requested that the information contained herein be given formal consideration by the Emergency Services District Board of Commissioners at the next regular scheduled meeting. DESCRIPTIONS AND CONDITIONS: Indian River County Fire Rescue budgeted for the purchase of three (3) Ambulance/Rescue Units (FY) 2025/2026 Capital Improvement Element (CIE). As all emergency vehicle manufacturers are experiencing extensive delays in manufacturing due to continued shortages in materials and experiencing rising costs due to new EPA mandates. With the current build time estimated at a minimum of 24 months for Ambulance/Rescue Units (with possible other unforeseen delays), any orders placed today would put the delivery well into FY 2026/2027 and possibly into FY 2026/2027 or later. The total cost of the three (3) Ambulance/Rescue Units programmed into the CIE for FY 2025/2026 is $1,800,000. Although the funds would not be expended until delivery, staff is requesting the Board's approval to allow a Purchase Order to be issued prior to FY 2025/2026 to be able to pre -order the Fire Rescue Apparatuses. FUNDING: Funding for the three (3) Fire units will be derived from a combination of Emergency Services District/Fire Services/Automotive account, number 11412022-066420, in the amount of $600,000, and Optional Sales Tax/Fire Services/Automotive account, number 31512022-066420, in the amount of $1,200,000, for a total cost of $1,800,000. This will be accomplished via a budget amendment from Cash Forward. Account Name Account Number Amount Optional Sales Tax/Fire Services/Automotive 31512022-066420 $1,200,000 Emergency Services District/Fire Services/Automotive 11412022-066420 $600,000 Total $1,800,000 137 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM RECOMMENDATION: Staff recommends the Board authorize the Purchasing Division to issue a Purchase Order in the amount of $1,800,000. 138 INDIAN RIVER COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY DATE: October 24, 2024 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Zac Portwood, Acting Director of Information Technology SUBJECT: Stonehill Innovation Contract Extension BACKGROUND Stonehill Innovation is a technology company hired to assist Indian River County manage and maintain our Information Technology Department during the transition period. Stonehill assisted in creating a Project Management Office (PMO), evaluating the organizational structure (and staffing), developing information Technology Roadmap, and reviewing and recommending changes to changes to the County's Cybersecurity plan. Stonehill also assisted administration in screening and interviewing candidates for the open Director of Information Technology position. Staff would also add Stonehill assisted the County in applying for a Florida Local Government Cybersecurity Grant. Stonehill's original contract term was four months, starting in late July 2024. This contract was split into monthly installments of $17,500, at a total cost of $70,000. The contract provides for a month-to-month extension option at $20,000 per month. If the County commits to an additional 90 -day term, Stonehill has committed to discounting their costs for services by $2,500 per month. Thus, the total amount would be $32,500, payable in one installment at $17,500 and two subsequent installments of $7,500. Continuing with Stonehill's services will ensure continuity of operations and provide our new Information Technology Director with a transition period. One month will cost $20,000 and three months will cost $32,500. Staff is inclined given the criticality of maintaining our IT and Cybersecurity infrastructure and ensuring a smooth transition to recommend the 90 day extension. 139 FUNDING Funding for the original contract came from the Professional Services budget of the Information Systems Division. This will come from GL 50524113-033190, Other Professional Services. GL 1 Name 50524113-033190 Information Technology Fund/Information Systems/Other Professional Services RECOMMENDATION Staff recommends the Board authorize the County Administrator to extend this contract with the provided option of 90 days to assist in the transition from Stonehill's engagement to our new Director of Information Technology. ATTACHMENT 1. Email from Douglass Pace 140 Paula Hegi From: Doug Pace <dpace@stonehillinnovation.com> Sent: Wednesday, October 23, 2024 12:43 PM To: jtitkanich@indianriver.gov; Zac Portwood Subject: Information for Board Agenda Attachments: Stonehill - IT Consulting.pdf; PO_Vendor_Email_IndianRlverCountyFL - 99354_N.pdf CAUTION: This message is from an external source. Please use caution when opening attachments or clicking I_ John: Just spoke with Zac and understand you are busy with the hurricane. He did mention it might be helpful to provide you with information for the agenda. I have attached the contract and PO. In the original contract it provides an option to continue month to month at a rate of $20,000. My suggestion is to extend 1 month so that I can transition the items to Erik and help him in any way needed. I would like you to consider extending the PMO services to keep people accountable to execution. Zac mentioned that he would like this assistance. If it is PMO only it would be much less time. I would be happy to extend that for $10000/month. So in summary I would suggest my time and PMO continue for 30 days. Then PMO only for an additional 60 days. This would be month to month - cancel at anytime. If you committed to the 90 day term I would discount each month by $2500 Nov - $17,500 Dec - $7500 Jan - $7500 Douglass E Pace President and CEO Stonehill 727-641-6145 ddpace@stonehillinnovation conn "Helping companies to move at the speed of their customer" 2021 Insight Magazine Design Leader of the Year 2019 United States Chamber of Commerce Emerging Business of the Year 2019 American Business Awards Entrepreneur of the Year 2019 Best in Biz Entrepreneur of the Year 141 W, I INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Kylie Yanchula, Natural Resources Director FROM: Melissa Meisenburg, Senior Lagoon Environmental Specialist SUBJECT: Approval of Amendment No. 4 — FDEP Grant Agreement No. 50839 for Construction of an Oyster Reef Along Foot Island in the Indian River Lagoon DATE: October 18, 2024 DESCRIPTION AND CONDITIONS On March 8, 2016, Florida Department of Environmental Protection (FDEP) entered into grant Agreement No. 50839 with Indian River County, committing up to $50,000 reimbursement for the construction of an oyster reef project in the Indian River Lagoon (IRL). No local match is required. The grant was initially designated for the construction of an oyster reef at 45th Street where stormwater runoff drains into the IRL. Upon closer investigation, the 45th Street site was deemed unsuitable to support the proposed oyster reef and the project was relocated to Foot Island, a small spoil island south of S.R. 60 Bridge and west of Fire Rescue Station 2. The project also became a partnership with the City of Vero Beach, with the city providing bathometric and a seagrass survey, and the County providing the design drawings, permitting, and construction management services. Additional delays were experienced obtaining the necessary permits from FDEP and United States Army Corps of Engineers (USACE), requiring an amendment extending the completion date to December 31, 2024. The County has received the necessary permits from FDEP and USACE. However, the initial design and materials would exceed the $50,000.00 threshold by an estimated $250,000. Staff coordinated with the permitting agencies to identify alternative materials and reduce the overall cost associated with the project. Staff located an oyster material manufacturer and is actively working to establish the manufacturer as an approved vendor with the County. Pending approval as a vendor, the manufacturer will supply the required materials by February 2025, requiring the County to request an extension from FDEP. As a result of the County's extension request, FDEP issued Amendment No. 4 which extends the Agreement expiration date to December 31, 2026. The purpose of this agenda item is to request approval of Amendment No. 4 to FDEP grant S0839 by the Board of County Commissioners. 142 Approval of Amendment No. 4 to FDEP Agreement No. 50839 Agenda Item for November 5, 2024 BCC Meeting Page 2 of 2 FUNDING The grant requires the County to construct the project prior to reimbursement. Funding for the grant and expenses is budgeted and approved in the current fiscal year. Funding Source Amount General Fund/Indian River Lagoon Fund/ Other Professional Services. $50,000.00 Account #00128337-033190 RECOMMENDATION Approve Amendment No. 4 to FDEP Grant Agreement No. 50839 and authorize the Chairman to execute it on behalf of the County. ATTACHMENTS 50839 Amendment No. 1 S0839 Amendment No. 2 50839 Amendment No. 3 S0839 Amendment No. 4 50839 -IRC Oyster Bed Project APPROVED AGENDA ITEM FOR November 5, 2024 143 AMENDMENT NO.4 TO AGREEMENT NO. S0839 BETWEEN FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION AND INDIAN RIVER COUNTY This Amendment to Agreement No. S0839 (Agreement), as previously amended, is made by and between the Department of Environmental Protection (Department), an agency of the State of Florida, and Indian River County (Grantee), on the date last signed below. WHEREAS, the Department entered into the Agreement with the Grantee for Indian River County Oyster Bed Project (Project), effective March 8, 2016; and, WHEREAS, the Grantee has requested an extension of the Agreement due to delays caused by backorder of materials needed for construction; and, WHEREAS, other changes to the Agreement are necessary; and, WHEREAS, the parties have agreed to amend the Agreement as set forth herein. NOW THEREFORE, the parties agree as follows: Section 2. of the Agreement is hereby revised to change the Date of Expiration to December 31, 2026. The Department and the Grantee shall continue to perform their respective duties during this extension period pursuant to the same terms and conditions provided in the Agreement. Section 31. of the Agreement is deleted and replaced as follows: Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in Section 287.135, F.S. Pursuant to Section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. c. As provided in Subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions then they shall become inoperative. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0839, Amendment No. 4, Page 1 of 3 144 Section 33. is added to the Agreement as follows: State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. 4. Attachment A-3, Revised Grant Work Plan, is hereby deleted in its entirety and replaced with Attachment A-4, Revised Grant Work Plan, as attached to this Amendment and hereby incorporated into the Agreement. All references in the Agreement to Attachment A shall hereinafter refer to Attachment A-4, Revised Grant Work Plan. 5. Attachment B-1, Payment Request Summary Form, is hereby deleted in its entirety and replaced with Attachment B-2, Payment Request Summary Form, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment B, shall hereinafter refer to Attachment B-2, Payment Request Summary Form. 6. Attachment D, Progress Report Form, is hereby deleted in its entirety and replaced with Attachment D-1, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment D shall hereinafter refer to Attachment D-1. 7. Attachment E, Special Audit Requirements, is hereby deleted in its entirety and replaced with Attachment E-1, Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment E shall hereinafter refer to Attachment E-1, Revised Special Audit Requirements. 8. All other terms and conditions of the Agreement remain in effect. If and to the extent that any inconsistency may appear between the Agreement and this Amendment, the provisions of this Amendment shall control. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. S0839, Amendment No. 4, Page 2 of 3 145 The parties agree to the terms and conditions of this Amendment and have duly authorized their respective representatives to sign it on the dates indicated below. INDIAN RIVER COUNTY By: Authorized Signature Peter D. O'Bryan, Chairman, Board of County Commissioners Print Name and Title Date: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 0 Secretary or Designee Angela Knecht, Division Director Print Name and Title Date: Kayla Becerra, DEP Grant Manager Nathan Jagoda, DEP QC Reviewer List of attachments/exhibits included as part of this Amendment: Specify Type Attachment Attachment Attachment Attachment Letter/ Number A-4 B-2 D-1 E-1 Description Revised Grant Work Plan Payment Request Summary Form Progress Report Form Revised Special Audit Requirements DEP Agreement No. S0839, Amendment No. 4, Page 3 of 3 146 ATTACHMENT A-4 REVISED GRANT WORK PLAN PROJECT TITLE: Indian River County Oyster Bed Project PROJECT LOCATION: The Project will be located in the City of Vero Beach within Indian River County; Lat/Long (27.6518, -80.3716). PROJECT BACKGROUND: The Indian River Lagoon has more than 2,100 species of plants and 2,200 species of animals making it North America's most diverse estuary. Indian River County (Grantee) is committed to protecting and preserving the Indian River Lagoon. In the past, the Grantee has successfully established an oyster bed reef in an area adjacent to Spoonbill Marsh in Vero Beach, Florida, which has reduced the amount of total nitrogen (TN) and total phosphorus (TP) entering into the Indian River Lagoon. The Grantee will continue this effort by constructing a living shoreline/oyster reef along the shoreline of Foot Island. Foot Island is a roughly 2,750 sq. foot island located within Vero Beach, Florida. Evidence of erosion has been observed along the western and southern portions of the island where dead mangroves were exposed, likely due to boat wake and a relatively large fetch. This project will construct a living shoreline/oyster reef to stabilize the Foot Island shoreline and improve water quality conditions of discharges from the adjacent Florida Department of Transportation (FDOT) outfall pipe into the Indian River Lagoon. The proposed oyster reef is approximately 27,500 square feet. The reef location is close enough to the Foot Island that it will not inhibit the navigability of the area. In addition to water quality benefits, the reef will also provide a habitat for attached and encrusting organisms such as oysters, and other invertebrates such as stone crabs, juvenile fish species, and game fish species. PROJECT DESCRIPTION: The Grantee will construct a living shoreline/oyster reef along the Foot Island shoreline with emphasis on the western and southern portions of the island adjacent to the FDOT outfall pipe. TASKS: All documentation should be submitted electronically unless otherwise indicated. Task 1: Construction Deliverables: The Grantee will construct the Oyster Bed Project in accordance with the construction contract documents. Documentation: The Grantee will submit: 1) a copy of the final design; and 2) a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. DEP Agreement No. S0839, Attachment A-4, Page 1 of 2 147 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. For any Task with a Budget Category of Contractual Services, the Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Task Budget Budget Task Start Task End No. Task Title Category Amount Date Date 1 Construction Contractual $50,000 07/01/2015 06/30/2026 Services Total: $50,000 Note that, per Section 4 of the Agreement, authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. Extending the contract end date carries the risk that funds for this project may become unavailable in the future. This should be a consideration for the Grantee with this and future requests for extension. DEP Agreement No. S0839, Attachment A-4, Page 2 of 2 148 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Revised Special Audit Requirements (State and Federal Financial Assistance) Attachment E-1 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the 'Department" 'DEP", "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the 'Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https://sam.gov/content/assistance-listings. Attachment E-1 1 of 7 BGS -DEP 55-215 revised 10/01/24 149 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hllps:H=s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hq://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at hqp://www.fldfs.com/and the Auditor General's Website at http://www.myLlorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBNIISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment E-1 2 of 7 BGS -DEP 55-215 revised 10/01/24 150 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http//harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEP SinQleAuditAdep. state. flus B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (hawflflauditor.govn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient dir' ectly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditna dep.state.fl.us 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment E-1 3 of 7 BGS -DEP 55-215 revised 10/01/24 151 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment E-1 4 of 7 BGS -DEP 55-215 revised 10/01/24 152 I w E 0 E obi oyi 0. obi �41�1 l i O � 0 5' Z o � w C M to rl 0 0 ° N d r 0 a 0 a aV aU d d a O a O •y w U d 40. w Fa 40, q C q N d 0 w w o „cr a o or w tx 0 o � Q O d A o h U q U q O U a C i. IUi U d H ON d U d U Az Az a o v�ww Y iw o v�ww a as bod w Or a �ooa w G4 'u a � N U d d � abi w abi w � y 0 0 y d Ti G.0 /yL PEO M to rl N d 0 0 0 •y w U d 40. w Fa 40, h C N d 0 o „cr o or w tx 0 q q C IUi U FU. ON U U y w o v�ww Y iw o v�ww as bod w Or �ooa w G4 M to rl w vi 13rj� 0 0 yU,•� O r O a viaU n, �la.0 d d e b I" a 0 c 0 ,ori N d o O d V7 bg h U L w w O O u 6a u O Q O u " • O m U y •O a) 7 F" u a w FF u Q O U U +U+ Q D U �p U U w y .y p 0 U 0 e � Da L O d ut S A A u M Uz ape U U O L a N b ..Ur h a r. � d ¢ p a M PC C O .y w w Q b �" a y 01 L 3 a b e4 d .d do OQ h a> W p: �" a, V w vi 13rj� A W � ,E v "z qb°o o 0 cd rAv� y W3 U FJ O ,b � ~ U O � °Ou Ol ° d $ 'o o as a.'b o�yoo •O CS vwrA bo 0 � ori � •a � 5 ed cn M'� U Cd U to cd > yam O,�•p aw ZZ --a a A W i IV kn ro 0 0 yU,•� O r O w t 0° c ,ori N E ¢ o O V7 bg u � w w u 6a y O Q O u " • O m N a) y •O a) U F" u a w FF u Q O U U +U+ Q D U U � U � o h � .y p O e u M Uz d w N r+ h r. p a C � C O .y .a b �" a "O 3 h a> V 0 C Q i ) co a od a A W � ,E v "z qb°o o 0 cd rAv� y W3 U FJ O ,b � ~ U O � °Ou Ol ° d $ 'o o as a.'b o�yoo •O CS vwrA bo 0 � ori � •a � 5 ed cn M'� U Cd U to cd > yam O,�•p aw ZZ --a a A W i IV kn ro r - kn STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Attachment D-1 Progress Report Form The current Progress Report Form for this grant can be found on the Department's website at this link: https:Hfloridadep.gov/wra/wra/documents/progress-report-form Please use the most current form found on the website, linked above, for each progress report submitted for this project. Attachment D-1, Page 1 of 1 Rev. 1/19/2024 156 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Attachment B-2 Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https://floridadep. gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. Attachment B-2, Page 1 of 1 Rev. 12/02/19 157 DEP AGREEMENT NO. S0939 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WATER RESTORATION ASSISTANCE GRANT AGREEMENT PURSUANT TO LINE ITEM 1662A OF THE FYI5-16 GENERAL APPROPRIATIONS ACT THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399-3000 (hereinafter referred to as the "Department") and INDIAN RIVER COUNTY, whose address is ISO] 271 Street, Vero Beach, Florida 32960 (hereinafter referred to as "Grantee"), a local government, to provide financial assistance for the Indian River County Oyster Bed Project. Collectively, the Department and the Grantee shall be referred to as "Parties" or individually as a "Party." In consideration of the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1. TF�MS.OF AGREEMENT: The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A, Grant Work Plan, and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Grantee" and "Recipient" are used interchangeably. 2. PERIOD OF AGREEMENT: This Agreement shall begin upon execution by both parties and shall remain in effect until June 30, 2018, inclusive. The Grantee shall be eligible for reimbursement for work performed on or after July 1, 2015, through the expiration date of this Agreement. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. 3. FUNDING/CONSIDERATION/INVOICING: A. As consideration for the satisfactory completion of services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a cost reimbursement basis up to a maximum of $50,000. It is understood that any additional funds necessary for the completion of this project are the responsibility of the Grantee. The parties hereto understand and agree that this Agreement does not require a match on the part of the Grantee. B. Prior written approval from the Department's Grant Manager shall be required for changes to this Agreement. Changes to approved budget categories within a single deliverable that are less than 10% of the total approved deliverable budget amount will require a formal Change Order to the Agreement. Changes that are 10% or greater of the total approved deliverable budget amount, or changes that transfer funds from one deliverable to another deliverable, or changes that increase or decrease the project's total funding amount will require a formal Amendment to the Agreement. C. The Grantee shall be reimbursed on a cost reimbursement basis for all eligible project costs upon the completion, submittal and approval of each deliverable identified in Attachment A, in accordance with the schedule therein. Reimbursement shall be requested utilizing Attachment B, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, DEP Agreement No. S0839, Page I of 11 1 but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: hgg://www mitloridacfo comiaadir/reference guide/. All invoices for amounts due under this Agreement shall be submitted in detail sufficient fora proper pre -audit and post -audit thereof. A final payment request should be submitted to the Department no later than sixty (60) calendar days following the completion date of the Agreement, to assure the availability of funds for payment. All work performed pursuant to Attachment A must be performed on or before the completion date of the Agreement, and the subsequent sixty-day period merely allows the Grantee to finalize invoices and backup documentation to support the final payment request. D. The State Chief Financial Officer requires detailed supporting documentation of all costs under a cost reimbursement agreement. The Grantee shall comply with the minimum requirements set forth in Attachment C, Contract Payment Requirements. The Payment Request Summary Form shall be accompanied by supporting documentation and other requirements as follows for each deliverable: L QMw tual (Subcontractors) — Reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from the Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the project. All multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If the Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, the Grantee shall be required to reimburse such funds to the Department within thirty (30) calendar days of written notification. Interest on the excessive charges shall be calculated based on the prevailing rate used by the State Board of Administration. For fixed-price (vendor) subcontracts, the following provisions shall apply: a. The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment A. Invoices submitted to the Department for fixed-price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (i.e., Invitation to Bid or Request for Proposals) resulting in the fixed-price subcontract. b. The Grantee may request approval from the Department to award a fixed-price subcontract resulting from procurement methods other than those identified in the paragraph above. In this instance, the Grantee shall request the advance written approval from the Department's Grant Manager of the fixed price negotiated by the Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of the Department Grant Manager's approval of the fixed-price amount, the Grantee may proceed in finalizing the fixed-price subcontract. All subcontracts are subject to the provisions of paragraph 12 and any other appropriate provisions of this Agreement which affect subcontracting activities. E. In addition to the invoicing requirements contained in paragraphs 3.C. and D. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within thirty (30) calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at http://www.nlyfloridaqfo.com/aadir/referengg—&Uide/. DEP Agreement No. 50839, Page 2 of I I 159 4. 5. 6. F i. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by - program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, the Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. ii. If the Department finds that these funds have been commingled, the Department shall have the right to demand a refund, either in whole or in part, of the funds provided to the Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from the Department shall refund, and shall forthwith pay to the Department, the amount of money demanded by the Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from the Department by the Grantee to the date repayment is made by the Grantee to the Department. iii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by the Department, from another source(s), the Grantee shall reimburse the Department for all recovered funds originally provided under this Agreement. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the payment(s) are recovered by the Grantee to the date repayment is made to the Department by the Grantee. ANNUAI. APPROPRIATION: The State of Florida's performance and obligation to pay under this Agreement is based upon an annual appropriation by the Legislature for fiscal year 2015 — 2016. The parties hereto understand that this Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and payment associated therewith may be rescinded with proper notice at the discretion of the Department if Legislative appropriations are reduced or eliminated. REPORTS: A. The Grantee shall utilize Attachment D, Progress Report Form, to describe the work performed during the reporting period, problems encountered, problem resolution, schedule updates and proposed work for the next reporting period. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) calendar days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. B. As stated in the letter dated July 17, 2015, from the Office of the Governor, the Grantee will identify the return on investment for this project and provide quarterly updates to the Governor's Office of Policy and Budget. RETAINAGE: Retainage is not required under this Agreement. DEP Agreement No. 50839, Page 3 of 11 16W.— 7. INDEMNIFICATION: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. Further, 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 or this Agreement. 8. DEFAULTITERMINATION/FORCE MAJEURE; A. The Department may terminate this Agreement at any time if any warranty or representation made by Grantee in this Agreement or in its application for funding shall at any time be false or misleading in any respect, or in the event of the failure of the Grantee to fulfill any of its obligations under this Agreement. Prior to termination, the Department shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the Grantee an opportunity to consult with the Department regarding the reason(s) for termination. B. The Department may terminate this Agreement for convenience by providing the Grantee with thirty (30) calendar day's written notice. If the Department terminates the Agreement for convenience, the Department shall notify the Grantee of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. If the Agreement is terminated before performance is completed, the Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. C. Records made or received in conjunction with this Agreement are public records. This Agreement may be unilaterally canceled by the Department for unlawful refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement and subject to disclosure under Chapter 119, Florida Statutes (F.S.), and Section 24(a), Article I, Florida Constitution. D. If a force majeure occurs that causes delays or the reasonable likelihood of delay in the fulfillment of the requirements of this Agreemenrt the Grantee shall promptly notify the Department orally. Within seven (7) j calendar days, the Grantee shall notify the Department in writing of the anticipated length and cause of the delay, the measures taken or to be taken to minimize the delay and the Grantee's intended timetable for implementation of such measures. If the parties agree that the delay or anticipated delay was caused, or will be caused by a force majeure, the Department may, at its discretion, extend the time for performance under this Agreement for a period of time equal to the delay resulting from the force majeure upon execution of an amendment to this Agreement. Such agreement shall be confirmed by letter from the Department accepting, or if necessary, modifying the extension. A force majeure shall be an act of God, strike, lockout, or other industrial disturbance, act of the public enemy, war, blockade, public riot, lightning, fire, flood, explosion, failure to receive timely necessary third party approvals through no fault of the Grantee, and any other cause, whether of the kind specifically enumerated herein or otherwise, that is not reasonably within the control of the Grantee and/or the Department. The Grantee is responsible for the performance of all services issued under this Agreement. Failure to perform by the Grantee's consultant(s) or subcontractor(s) shall not constitute a force majeure event. 9. REMEDIES/FINANCIAL CONSEQUENCES: No payment will be made for deliverables deemed unsatisfactory ty the Department. In the event that a deliverable is deemed unsatisfactory by the Department, the Grantee shall re -perform the services needed for submittal of a satisfactory deliverable, at no additional cost to the Department, within ten (10) calendar days of being notified of the unsatisfactory deliverable. If a satisfactory deliverable is not submitted within the specified timeframe, the Department may, in its sole discretion, either: 1) terminate this Agreement for failure to perform, or 2) the Department Grant Manager may, by letter specifying the failure of performance DEP Agreement No_ 50839, Page 4 of 11 161 under this Agreement, request that a proposed Corrective Action Plan (CAP) be submitted by the Grantee to the Department. All CAPS must be able to be implemented and perforated in no more than sixty (60) calendar days. A. A CAP shall be submitted within ten (10) calendar days of the date of the letter request from the Department. The CAP shall be sent to the Department Grant Manager for review and approval. Within ten (10) calendar days of receipt of a CAP, the Department shall notify the Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, the Grantee shall have ten (10) calendar days from receipt of the Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain the Department approval of a CAP as specified above shall result in the Department's termination of this Agreement for cause as authorized in this Agreement. B. Upon the Department's notice of acceptance of a proposed CAP, the Grantee shall have ten (10) calendar days to commence implementation of the accepted plan. Acceptance of the proposed CAP by the Department does not relieve the Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, the Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by the Department or steps taken by the Grantee shall preclude the Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to the Department as requested by the Department Grant Manager. C. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by the Department may result in termination of the Agreement. The remedies set forth above are not exclusive and the Department reserves the right to exercise other remedies in addition to or in lieu of those set forth above, as permitted by the Agreement. 10. RECORD KEEPING/AUDIT: A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date of the Agreement. In the event any work is subcontracted, the Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee understands its duty, pursuant to Section 20.055(5), F.S., to cooperate with the Department's Inspector General in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its subcontracts issued under this Grant, if any, impose this requirement, in writing, on its subcontractors. 11. SPECIAL AUDIT REQUIREMENTS: A. In addition to the requirements of the preceding paragraph, the Grantee shall comply with the applicable provisions contained in Attachment E, Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment E summarizes the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment E. A revised copy of Exhibit 1 must be provided to the Grantee for each amendment ; which authorizes a funding increase or decrease. If the Grantee fails to receive a revised copy of Exhibit 1, the Grantee shall notify the Department's Grants Manager at (850) 245-2975 to request a copy of the updated information. DBP Agreement No. 50839, Page 5 of I 1 162 12, 13. B. The Grantee is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment E, Exhibit 1 when making its determination. For federal financial assistance, the Grantee shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section .210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs. Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: hgps://apRs.fldfs.com/fsaa The Grantee should confer with its chief financial officer, audit director or contact the Department for assistance with questions pertaining to the applicability of these requirements. SUBC„ ON,TRACTS: A. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee shall submit a copy of the executed subcontract to the Department within ten (10) calendar days after execution of the subcontract. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any 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. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida. A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. PROHIBITED LOCAL GOVERNMENT `QNSTRUCTION PREFERENCES: A. Pursuant to Section 255.0991, F.S., for a competitive solicitation for construction services in which 50 percent or more of the cost will be paid from state -appropriated funds which have been appropriated at the time of the competitive solicitation, a state, college, county, municipality, school district, or other political subdivision of the state may not use a local ordinance or regulation that provides a preference based upon: B i. The contractor's maintaining an office or place of business within a particular local jurisdiction; H. The contractor's hiring employees or subcontractors from within a particular local jurisdiction; or iii. The contractor's prior payment of local taxes, assessments, or duties within a particular local jurisdiction. For any competitive solicitation that meets the criteria in Paragraph A., a state college, county, municipality, school district, or other political subdivision of the state shall disclose in the solicitation document that any applicable local ordiMce or regulation; does .40t include a" preference that is prohibited by Paragraph A. DEP Agreement No. S0839, Page 6 of 1 I 14. LOBBYING PROHIBITION: In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. Further, in accordance with Section 11.062, F.S., no state funds, exclusive of salaries, travel expenses, and per diem, appropriated to, or otherwise available for use by, any executive, judicial, or quasi- judicial department shall be used by any state employee or other person for lobbying purposes. 15. COMPLIANCE WITH LAW: The Grantee shall comply with all applicable federal, state and local rules and regulations in providing services to the Department under this Agreement. The Grantee acknowledges that this requirement includes, but is not limited to, compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 16. NOTICE: All notices and written communication between the parties shall be sent by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. 17. CONTACTS: The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below: - Rob Buda Florida De ent of Environmental Protection Division of Water Restoration Assistance 3900 Commonwealth Blvd. MS# 3601 Tallahassee, Florida 32399 Telephone No.: 1850) 245-2975 E-mail Address: Rob.bud!tm:de .state.fl.us The Grantee's Grant Manager for this Agreement is identified below. 18. JNSURANCE• To the extent required by law, the Grantee will secure and maintain insurance coverages in the amounts and categories specified below, during the life of this Agreement. The Grantee shall provide documentation of any private insurance or self-insurance, as may be applicable to governmental entities, to the Department's Grant Manager prior to performance of any work pursuant to this Agreement. A. The Grantee shall secure and maintain Workers' Compensation Insurance for all of its employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall DEP Agreement No. S0839, Page 7 of 1 I require the subcontractor similarly to provide Workers' Compensation Insurance for all of its employees unless such employees are covered by the protection afforded by the Grantee. Any self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of its employees not otherwise protected. B. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial General Liability insurance including bodily injury and property damage. The minimum limits of liability shall be $200,000 each individual's claim and $300,000 each occurrence. This insurance will provide coverage for all claims that may arise from the services and/or operations completed under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. C. The Grantee shall secure and maintain, and ensure that any of its subcontractors similarly secure and maintain, Commercial Automobile Liability insurance for all claims which may arise from the services and/or operations under this Agreement, whether such services and/or operations are by the Grantee or any of its subcontractors. Such insurance shall include the State of Florida, the Department, and the State of Florida Board of Trustees of the Internal Improvement Trust Fund, as Additional Insureds for the entire length of the Agreement. The minimum limits of liability shall be as follows: $300,000 Automobile Liability Combined Single Limit for Company -Owned Vehicles, if applicable $300,000 Hired and Non -owned Automobile Liability Coverage D. 1f any work proceeds over or adjacent to water, the Grantee shall secure and maintain, as applicable, any other type of required insurance, including but not limited to Jones Act, Longshoreman's and Harbormaster's, or the inclusion of any applicable rider to worker's compensation insurance, and any necessary watercraft insurance, with limits of not less than $300,000 each. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. Questions concerning required coverage should be directed to the U.S. Department of Labor (ham`/www.dol.uov/owcn/dlhwc/lscoa l&q.blM) or to the parties' insurance carriers. E. All insurance policies shall be with insurers licensed or eligible to do business in the State of Florida. The Grantee's current certificate of insurance shall contain a provision that the insurance will not be canceled for any reason except after thirty (30) calendar days' written notice (with the exception of non-payment of premium which requires a 10 -calendar -day notice) to the Department's Procurement Administrator. In addition, the Grantee shall include these requirements in any sub grant or subcontract issued for the performance of the work specified in Attachment A, Grant Work Plan. F If the Grantee is a Florida governmental entity that is self-funded for liability insurance, this paragraph 18.F. supersedes 18.A. through E., above. Grantee warrants and represents that it is self-funded for liability insurance, appropriate and allowable under Florida law, and that such self-insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. DEP Agreement No. 50839, Page 8 of 11 165. 19. CONFLICT OF INTEREST: The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 20. EQUIPMENT: Reimbursement for equipment purchases costing $1,000 or more is not authorized under the terms and conditions of this Agreement. 21. CHANGE ORDERS: The Department may at any time, by written Change Order, make any change in the Grant Manager information, task timelines within the current authorized Agreement period, or make changes that are less than 10% of the total approved deliverable budget (per Paragraph 3). All Change Orders are subject to the mutual agreement of both parties as evidenced in writing. Any change which causes an increase or decrease in the Agreement amount, expiration date of the Agreement, or deliverable costs that are equal to or greater than 10% of the total approved deliverable budget (per Paragraph 3), shall require formal Amendment to this Agreement. 22 UffA TTI 0 .INV LUU 11 . The employment of unauthorized aliens by any Grantee/subcontractor is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. 23. QUALITY ASSURANCE REQUIREMENTS: Paragraph is reserved. 24. DISCRIMINATION: A. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list pursuant to section 287.134, F.S., may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and posts the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department ofManagement Services, Office of Supplier Diversity, at (850) 487-0915. 25. LAND ACOUISITION: Land acquisition is not authorized under the terms of this Agreement. 26. PHYSICAL ACCESS AND INSPECTION: DEP Agreement No. S0839, Page 9 of 11 166 As applicable, Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, including by any of the following methods: A. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; B_ Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and C. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. 27. EXEC ON IN COUNTERPARTS. This Contract may be executed in two or more counterparts, each of which together shall be deemed an original, but all of which together shall constitute one and the same instrument. In the event that any signature is delivered by facsimile transmission or by a -mail delivery of a ".pdf' format data tile, such signature shall create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if such facsimile or ".pdf' signature page were an original thereof. 28. SEVERABILITY CLAUSE: This Agreement has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. Any action hereon or in connection herewith shall be brought in Leon County, Florida. 1 29. ENTIRE ACIREEMENT- This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. DEP Agreement No. 50839, Page 10 of 11 IN WITNESS WHEREOF, the pubes have caused No Agreement to be duly executed, the day and year ATT¢CCHitdill ' A GRANT WQ PLAN PROJECT ITM&- Indian River Comay DysW W rWJW P&WECI'AUTHORiM The Grantee received funding froom the Florida Legislature 3m ftamount of $5000 through Specific Appropigion L40 Item No -4" FWW, Year �j; l = Xfi. tial: Appropriations Act. The Grantee received this funding to construct an artificial reef's ire as a habitat for oysters, encrusting organisms and other marine life for the purpose of impro water quahby, Authority for this Project is specified in Section 40", Florida Staiesn. 14 ov toft ;and m dift guidelines, as related to tate Florida I Single Audit Alit; are specified in the 17+da Catalog of State::. Financial Assistance (CSI A), No. 37:4139. PROPOSED PROJECT LOCATION: Mie project is located Indian Diver La on of 4" Street, in Indian River County. Latitude; 27° 40' 27.82" Longitude: 80° 23' 7.47' PROJECT BACKGROUND., The Indian kiverLapon. has more than 2l0Q:q)Q*&QfpIWft042200 species of animals making it 'North Ainerices most, divme estuaq 10i" Mver C*uW: rCt ") is committed to protecting and prese t ving:the Ind River Lagoon. In the past, the County has successfully established an oyster bed reef in are area adjacent to Spoonbill Marsh in Vero Beach, Florida, which has reduced the atmoumt of total :nitrogen (IM and total phosphorus (TP) entering into the Indian River Lagoon in the area. The County wishes to + tiinue its cats by constructing a paw reef southeast of the 45th Street ditch, in Indian Rivet County. The. purpose of the ,proposed oyster rmf would be 1w improve water quality conditions of dischames from the 45th met drainage ditch into tbo tau 10veir: Lagoon. At this point in bine the proposed project's conceptual design in complete and the 'County has received permission from the "Indian River Board ofCounty Commissioners to proceed wft ft proposed project. PROJECT OESCRWTION: The proposed project utd refire the City -tp o0086140t n tl dimensional "patch" reef southeast of die 45* Suet ditch Using clean cow rubble, The concrete rubble will be stacked to create void spam throughout the reef struckre of di lering-*cs, Amensions, and openings to the Indian River Lagoon. The proposed oyster, reef is appyoxlm� �24,40sq4sd. The project location is far enough southeast of the 43th Street dock,and ohantari t�* it will not inhibit the navigability of the area. The "patch" reef world be capable of providing a habitat for attached and encrusting organisms such as oysters, other invertebrates such as stone crabs, juke fish spies, and game fish speaes. In tum, the "patch" reef will acct ft alta wafr treaunant Waam 4o ftftaft�e removal of total nitrogen and total phosphorus (TV) ti<om stormwater disc.hait ged through the.456 Street ditch into the Indian River Lagoon. The "patch'" reef is self-perpetuating in that the attached and... encrusting invertebrates and turf algaewill. c OW11uel so iovergtow Y bar , area cruel at future times. TASKS and DELIVERABLES: Task Deseriiption The Grantee nu ll subcontract the coition of the oyster bed :reef *114 a qualified od licensed contractor, selected through the Grantee's proof mss. The0antoe Shall prepare sad solicit bids utilizing a bid package in accoedance and std:and federal laws ant is Agreement. b IF ILI' [Effective Date ofOmutAm* 96"Uh"P aJ I14SUCn0M FCSt*NWLXTlflMiG. PAi�ti` �` SUit�fiiRlli'yt DEP AGREEMENT NO.: This is the number onyourgrantagreement. AGREEMENT EFFECTIVE DATES Enter agreement executkw 4xtc Stough end date. GRANTEE: Enterthe name ofthe grantee's agency. GRANTEEM GPANT MANAGER: This should be the person identified as grant manager in the grant Agreement MAILING ADDRESS; Enter the address that you want the state wannnt sent. PAYMENT REQUEST NW This is the number ofyour payment request, not the quartet' number: DATE OF PAYMM REQUEST: M is the date you am sum the mpesL ]PERFORMANCE PERIOD: This is the beginning aald opr * date of . , ce ad in fife tasls/deliverable le Ow the request is for (this must. -be wilt the timeline shown for the tasktde ,ble in the A,greeirm t). TASK/DELIVERABLE NO.: This is the number of the taskldalivwabie the you are re tigg payment for and/or claiming match for (nn* agree with tits curt Cwt Walk Pratt).. : TASKIDELIVERABLE AMOUNT REQ1CiF.FM: This should: match the aiNuft on the "TOT.9iL TASKIDEUVERABLIi BUDGETAAADUVr' line for the "AMOUNT f11F1T�1 I1L�i" c olunut. RANTEXPENDW S SUMMARY S'l ON: KAM[a ' of Tl9)15 1ptl "' t 'D%T7ffiq: Enter the amount that was expended for this task during the period for which you ere requeaft reimbursement for osis task. Trus -trust agree wa fiv curwnt y approved fidget in the .. . current Grant Work Plan of your grant Agreement Do not claim expenses in a budget easegory that does: not 1we,an: approved budget. Do not claim items that are not specifically identified in the current {scant Work Plan. Enter the column total on the "TOTAL AMOUNT" line. Enter the amount ofihe task on the "TOTAL WKBUDGET AMOdtl r line. Enterthetotal cumulative amount of this request and all previous pAyments onthe "1W 2OTAL.t UAfMA7M PAnfi7V7 REQUESTS 0E- tine. Deduct the "LESS WTAL CUWUL4Y,'W PAS' RE`s+?'. = OF" from the `TWAL TASK BUDGBT MOUNT' for the amount to enter on the'"TOTAL Rls'lIa lAr ,V tiii"line. K AYMENT _S S" CO UMN: ,Eater the cumulative amounts that have been requested to date for reimbursement by budget category. The final request should: show the total of all requests; first through the final request (this amount cannot exceed the approved budget amount for that budget category for the task you are reporting on). Eimer the .color total on dw "TOT.ALr line. Do not enter anytilking mi the sWed areas. "MATCHING FUNDS" COQ Enter the amount to be claimed as;matc h for the- perfernMam period for the task you are reporting on. This needs to be showoveder specific budget categories according to the currently approved Grant Work Plan. Enter the total on ##ar,wMT.G;.11i OUNZ" lige for Wo odWow End the :match budget amount on the "TOTAL TASK BVW T'AAtllf11Y1"" lizr+e for dds colim a. Ener the total cumWadve amount of this and any. pmviousmatchclaitned on the "i=70TAL CUACl+ . L I T .M%w #1'tSor' ince fortlds volunm. Deduct the "LAS' TOTAL CUl &MATIVE PAnff.MOF" fian the "T'OTAL ZXW.I II # 7'A t Nl" ft the amount to enter on the "T,01XLR tiNlNOliltT 'lore. "Tt I'i�I. C1L L"UM 116iANHIiTt= ANDS" GQLAs aftf, the cumblative amountyou ; claimed to daft for notch by NAW � fg the is Put tike total of 01t'e two titled" Tat$;'' T`he dura] report abmitd shote the total ofail claims, AM claim thro gh the final claim, :ft. be vo eg#et'.*q*1xg In the shaded areas. :Cheek a)1 busts that a y. Idwdojmy licensed professional service providers. that +certified work or services ernnpileted ding fire pinjod iucludacl: iti dtie t for payer; .R O bre signed by bots the Grsntee's Grant Manager go identified in the grtwt moot` d the Grantee'Sfteal Agent. ►'IES: Hdalming reimbursement for travel, you mootteclude4wplex of receipts and a copy of tho#0vel reimbursement forma approved by the Department of Fin"cial Services, Chl of Financlai Officer. Documentation for match claims most meet the some requirements as those expenditures for reimbursement. D EPSy-2�{1U13) Agreement No.SO939, Attachment B, Pane 3 ot3 ATTACHMENT C Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation must be provided for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved contract budget should be reimbursed. Listed below are examples of the types of documentation representing the minimum requirements: (1) Salaries: A payroll register or sinular documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: htW;,Ywww_fldfs.com/aa&/Lrefe etrceauide.htm DEP 55-219 (05/2008) DEP Agreement No. S0839, Attachment C, Page I of 1 175 Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address: htW;,Ywww_fldfs.com/aa&/Lrefe etrceauide.htm DEP 55-219 (05/2008) DEP Agreement No. S0839, Attachment C, Page I of 1 175 AT'TAi''13 PROGRMW:PY #RT FORM The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department" "DF -P", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor", Grantee" or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient must have a single or program -specific audit conducted in accordance with the provisions of OMB Circular AA 33, as revised. EXHIBIT I to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1, the recipient shall fulfill the requirements relative to auditec responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $500,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at tt // 4 D,EP 55-215 (06/14) DEP Agreement No, S0839, Attachment D, Page I of 5 PART II: STATE FUNDED This part is applicable if the recipient is a uonstate entity .as deted 1t-SeotkW 31:3:W7(?.)(rt d, FlOida 5tatates; 1. lit the event that the recipient expends;,a W atnaipd oda to financial cial assistance qw W or in excess of $500,0M in any fiscal year of ssach recipient.. b a a State single or project -specific aunt for such fiscal year in accordance with Section 215-;` .97,1%1 da Statutes;`applicable rules of the Department of financial Services; and Chapters 10.550 (l0MI governmental entities) or IOASO,(nooprefit and for-profit organizations), Rules of the Anditor General. EXMIT :1 to this Attachment state fit ancial assistance awarded through the Department of iSnvironmental Protection by tits Agreement. In determining the statefinancialassistance expended in its fiscal year, the relfipienithall tusider all sources of state financial assistance, including state financial assistance mM,Vtd fivart Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Fetteral dimet or pass-through awards and resources received by a nonstate entity for Federal program matching reements 2. 1a connection with the audit requirements addressed in NO IL wpb 19, the recipient shall tit the audit complies with the requirements; of Section 2150. Florida Statutes.'I"hObAk60bnaissi+r of afinancial reporting package as def#ncd. by Se aD 21.fft Florida Statutes, and Chapters 16.550 (local governmental Entities) or 10.650 (wqpsofit od b"wofit organizations), Rules of the uditor General. 3. If the recipient expends less than SS001,000 in stain SONX W:Nsigunce lin its.fiscal year, twitoanduaw in accordance with the provisions ofSection 213 9T, Florida Statutes, .is'n required. Is1 that the recipient .expends less than $500,000 in store :Financial assistance` in its year, and vkM to have an audit conducted in accordance with.tbe provisions of Section 215.9 ,71 Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e_, the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of Financial Assistance (CSF`AJ a -VQd**1W, 10004 access the Florida Single. Audit Act website hated at httvsl/apps1ldfs com/fsm ibtp bow n addition to the above websites, the following Mites may be accessed for information. Legislature's Website at lut%j;6bM w.leP staff&Vr eicoytelmdex,cfm, State of Florida's website at /Lww�vmyflorida coral. Department of Financial Services' Website at. -.ildfs:eomi and the Auditor General's Website at hit llw .state.fl.us/audcen. PART III: QTIMR AUDIT REQUIREMENTS (NOTE: 7 its Fart would be used -to sped any additional au&l requtrenienu impmed by the 5•tate;ai an ft emity tint are solely a matter of that State awarding entity's policy (i.e., die a"t is not required: by Federal or State laws and is not in conflict with other Federal or State auM ri emenls). Pursuant to `.: ,215 -WI ?, lam* Statutes, State agencies may conduct or arrange for audits of utile mindal assistance drat are irrrr tf *10 AuAs conducted 'in accordance with Section 215.97 Florida Statutes. In sapk the State awarift Vwxy AMM,. arrange for finding the full cost of tuch,additi PART 1,V -..REPORT SUBMSS>Olwi 1. Copies of reporting packages for audits conducted in acoorda}ice wig ADM B Circular A-133, as;ovbW, and required by PART Y of this Attachment shall bis submitted, who» ti red by SoV110 Circular A-] 33, as revised, by or ori behalf ofthe recipient Lr to a� aftlte fcillow3t DEPS5 215 (06/14) DEP Agreement No. 50839, Attachment 1), Pie. 2xaf 5 A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically:. FDEPSinitleAtid'' p�fl.ns B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hgg:Aarvester.census.2avtfac/ C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at one the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically` EDEPSin aleAudit e�dep.state.fl, us 3. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSintJeAudit�aa e . ate.fl.us AEP 55-215 (06114) i DEP Agreement No. 50839, Attachment D, Page 3 of S .179 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32399-1450 4. Copies of reports or management letters required by PART ID of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSineleA,udiit °,stgje ll.us 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, or Chapters 10.550 (local governmental entities) or I0.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 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 this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP 55-215 (06/14) DEP Agreement No. 50839, Attachment D, Page 4 of 5 AVjppW to the R eat?msyst�t to tL&' of the Fo Y4tatchi Resources for Federal Fto State ppgr Appropriation Federal,Amio& 2'A CFDA Title Fundirm Amo . Cat INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Division Date: October 21, 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, Parks & Conservation Assistant Director Subject: Florida Inland Navigation District Grant Agreement for the Wabasso Causeway Park Improvements Phase 1. BACKGROUND: Wabasso Causeway Park is located along Wabasso Beach Road (CR 510) and consists of four separate spoil island lobes encompassing an area of approximately 13.4 acres. Features include a boat launch, restroom facilities, picnic tables, pavilions, and shoreline areas for recreation. Conditions within the park have deteriorated over the years due to storm damage, increases in wave energy associated with high water events from King Tides, and wear from public use. The boat ramp and adjacent parking area require significant repair and replacement, and amenities along the shoreline areas are significantly affected by continuous erosion. DESCRIPTION AND CONDITIONS: On March 5, 2024, the Board passed the Resolution For Assistance 2024 (Resolution #2024-008) as required for the Waterways Assistance Program (WAP) grant application process. The approved Resolution was included as part of the WAP application submitted by staff to FIND on April 1, 2024, for "Phase 1 Design and Engineering of Wabasso Causeway Park Improvements." The FIND application included a $150,000 project to design and engineer improvements to the existing parking areas and boat ramps. The County is required to provide a $75,000 (50:50) match for this grant. On October 15, 2024, FIND notified the County that the project had been selected for funding and provided a project agreement for consideration by the Board. FUNDING: Funding for this project, in the amount of $50,000, is budgeted in the Optional Sales Tax/Parks/Wabasso Causeway Shoreline & Park Improvements account, number 31521072-066510- 24013. The remaining $25,000 for the match, for a total of $75,000, will be funded via a budget amendment at a later date. FIND will provide $75,000 as a matching share of this project for a total project budget of $150,000. 182 Account Description Account Number Amount Optional Sales'Tax/Parks/Wabasso Causeway Shoreline & Park Improvements 31521072-066510-24013 $150,000 RECOMMENDATION: Staff respectfully request that the Board of County Commissioners accept the Florida Inland Navigation District Waterways Assistance Program grant for "Wabasso Causeway Park Improvements Phase 1," and authorize the Chairman to execute the Agreement between the Florida Inland Navigation District and Indian River County after review and approval by the County Attorney. ATTACHMENTS: Attachment 1 — Grant Agreement for the Florida Inland Navigation District Waterways Assistance Program grant for the Wabasso Causeway Park Improvements Phase 1 Grant Form — Phase 1 Design & Engineering of Wabasso Causeway Park Improvements APPROVED AGENDA ITEM FOR NOVEMBER 5, 2024 183 FLORIDA INLAND NAVIGATION DISTRICT PROJECT AGREEMENT PROJECT NO. IR -24-78 This PROJECT AGREEMENT ("AGREEMENT") made and entered into this day of , 20 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT"), and the Indian River County, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. PROJECT - Subject to the provisions of this AGREEMENT and Rule 66B-2 of the Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the Wabasso Causeway Park Improvements Ph I. Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Any modifications to the PROJECT'S scope of work shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2026 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2027. The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30, 2026, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. 184 3. ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than fifty percent 50% ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AMOUNT"). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A, Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $75,000.00. Any modifications to the PROJECT's Cost Estimate (Exhibit A) shall require written advance notice and justification from the PROJECT SPONSOR and the prior written approval of the DISTRICT. 4. MATCHING FUNDS - The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion of the PROJECT and shall, prior to the execution of this AGREEMENT, have provided the DISTRICT with suitable evidence of the availability of such funds using the DISTRICT's Form #95-01 (Exhibit C, Matching Funds Certification) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PROJECT COSTS - To be eligible for reimbursement under this AGREEMENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B, Chapter 6613-2, F.A.C.. PROJECT COSTS must be incurred, and work performed within the PROJECT PERIOD, with the exception of pre -AGREEMENT costs, if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from another source that was not identified in the original application and that changes the AGREEMENT MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program funds equal to the MATCHING PERCENTAGE in this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT of any project payments it receives from a source other than the DISTRICT. 6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR fully understand and agree that there shall be no reimbursement of funds by the DISTRICT for any 185 obligation or expenditure made prior to the execution of this AGREEMENT unless previously delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. 7. REIMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. The DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a PROJECT approved as Phase I project will be made only upon commencement of construction of the PROJECT for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further DISTRICT funding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of construction. The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this AGREEMENT. 8. FINAL REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) full completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Section 18, and (5) a Final 186 Project Report as described in Exhibit G, Assistance Project Schedule. As part of the documentation accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects, and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES — In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suffer irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT was required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT, in addition to such other remedies which may be available, shall have the right to seek specific 187 performance and injunctive relief, and for purposes of determining whether to grant an equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT SPONSOR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the provisions of this AGREEMENT. 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report). Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G, Assistance Project Schedule, may result in revocation of this AGREEMENT. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES -Adequate parking shall be made available by the PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. 188 17. SITE DEDICATION - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of thirty-five (35) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, management AGREEMENT or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. 18. ACKNOWLEDGMENT — For construction projects, the PROJECT SPONSOR shall erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICT's staff before construction and installation of said sign. This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff's recommendations. 19. PROJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR warrants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated life of a development project or the design life of other project types, as applicable. 21. SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section 189 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners, and agents are solely providing funding assistance for the PROJECT and are not involved in the design, construction, operation, or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RIGHTS AND DUTIES - The rights and duties arising under this AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this AGREEMENT nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS - Waiver of a breach of any provisions of this AGREEMENT shall not be deemed a waiver of any other breach of the same or different provision. 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this AGREEMENT shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: Florida Inland Navigation District 1314 Marcinski Road Jupiter, Florida 33477-9498 To the PROJECT SPONSOR at: Indian River County Attention: Conservation Lands Manager, Parks Recreation and Conservation 1590 9th Street SW Vero Beach, FL 32962 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR. 27. GOVERNING LAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 190 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another governmental entity that agrees to assume, in writing, PROJECT SPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT including, but not limited to, any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT in collecting said reimbursement. 29. ENTIRE UNDERSTANDING - This AGREEMENT, including any exhibits made a part hereof, embodies the entire AGREEMENT and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. ATTEST: By: Ryan L_ Butler, Clerk of Court and Comptroller Approved as to form and legal sufficiency_ FLORIDA INLAND NAVIGATION DISTRICT By: Executive Director Date: Indian River County By: Title: Christopher A. Hicks, Assistant County Attorney Date: 191 Project TlIle: ! P811i I Appfica t: Inftn River C !v ?ASS. 1lei+w►ni�urt�s.i Project Elements tre+wa i�+a+t w.a iii COII�iMu+ Wh Farl�tl p1R+ldtrie e��ahtl %igr1�wd ?ASS. 1lei+w►ni�urt�s.i FIND Cost # crfPat.l8 ftsodowStorlmwel Fac rtes ,000,00 Redesign of Boat Pump 30,000.0015.000 00 15,000.00 Redesign of Boardwalks 20,000.00 10,000.00 10,000.00 C Exhibit B 2024 CHAPTER 66B-2 WATERWAYS ASSISTANCE PROGRAM 6613-2.001 Purpose 6613-2.002 Forms 66B-2.003 Definitions 6613-2.004 Policy 6613-2.005 Funds Allocation 6613-2.006 Application Process 6613-2.0061 Emergency Applications 6613-2.007 Application Form (Repealed) 6613-2.008 Project Eligibility 6613-2.009 Project Administration 6613-2.010 Project Agreement (Repealed) 6613-2.011 Reimbursement 6613-2.012 Accountability 66B-2.013 Acknowledgement 6613-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects 66B-2.015 Small -Scale Derelict Vessel Removal Projects 66B-2.016 Waterways Cleanup Events 66B-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374.976, F.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.001. 6611-2.002 Forms. All forms for the administration of this program are available from the District office located at 1314 Marcinski Road, Jupiter, Florida 33477. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 11-17-90, Formerly 16T-2.002. 66B-2.003 Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District. (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach. (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general 193 permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U.S. Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor. (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brevard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami - Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) "PRE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program. (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (21) "PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance of the Project and compliance with the project agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users. (28) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal 194 east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (29) "WATERWAY RELATED ENVIRONMENTAL EDUCATION' means an interdisciplinary holistic process by which the leamer: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the environment of the waterways works; acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 3-25-21. 66B-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel. All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule 6613-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities. User or entrance fees may be charged for the use of facilities fimded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(1), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance: The project sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. 195 The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways. It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (10) Non-compliance: The District shall terminate aproject agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non- compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on- going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District. Rulemaking Authority374.976(2) FS. Law Implemented 374.976(1), (2) FS. History—New 12-17-90, Amended 2-3-94,2-6-97, Formerly 16T-1.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-21-10, 3-7-11, 3-7-12, 1-27-14, 2-17- 15. 66B-2.005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014), hereby incorporated by reference and available at: hgp://www.flrules.orWGateway/reference.aW?No=Ref-03568, and available from the District office or by download from the District's webpage at: www.aicw.org. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 66B-2.005(7), and Rule 6613-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 6613-2.014, F.A.C., derelict vessel projects consistent with Rule 6613-2.0015, F.A.C., and Waterway Cleanup Projects approved under Rule 6613-2.0016, F.A.C., and projects approved in counties recovering from a state of emergency. 196 Applicant's in-house costs are limited pursuant to paragraph 66B -2.008(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. (3) Pre -agreement Expenses: The project sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process. Board authorization of pre -agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within the project period as stipulated in the project agreement unless pre -agreement costs are approved by the Board. Pre -agreement expenses will be approved if they are consistent with the provisions of Rule 66B-2.008, F.A.C., and occur within the fiscal year of the grant application submission (October 1 st to September 30th). Pre -agreement expenses, except for projects approved by the Board as multi-year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre -agreement expenses will be eligible for reimbursement funding from the District, except for projects approved by the Board as multi-year projects. The Board shall consider a waiver of the limitation on pre -agreement expenses for Small -Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 66B-2, F.A.C. (4) Multi -Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance funding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. All approved multi-year projects are limited to a maximum of two (2) additional funding requests. (5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions. The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161.161, F.S. Prior to funding any inlet management project, the Board shall make a fmding that the project is a benefit to public navigation in the District. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. Prior to funding any beach renourishment project, the Board shall make a fmding that the beaches to be nourished have been adversly impacted by navigation inlets, navigation structures, navigation dredging or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right -of -Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking facilities. In addition, the following shall apply: 197 (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: Land acquisition projects shall qualify for a maximum of fifty (50) percent funding. All pre - agreement expenses for land acquisition must be completed within one-year of the date of application for funding. Except for acquisition of publicly owned spoil disposal site, all funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding. Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility in perpetuity after completion of construction, the District shall require the applicant to refund the program funding. (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1), (3) FS. History—New 12-17-90, Amended 6-24-93, 9-5-96, 2-6- 97, Formerly 16T-2.005, Amended 5-17-98, 8-26-99,3-21-01, 7-30-02,3-3-04, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 4-1-09,3-7-11,3- 7-12, -1-09,3-7-11,3- 7-12, 4-10-13, 1-27-14, 5-15-16, 3-25-21. 66B-2.006 Application Process. (1) Application Period: With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall be established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 1/2014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small -Scale Spoil Island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No. 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4-24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No. 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-14-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated 198 by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information: A County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects. (6) Application Review. Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding. In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, right-of- way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163 or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding. Interlocal agreement projects shall comply with all other provisions of this rule, except for pre -agreement expenses, permitting and property control requirements. (8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications. The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration of the application. Only Applicants that are eligible under Rule 6613-2.0061, F.A.C., "Disaster Relief Applications," shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06, 1/2014). (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board. Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T-2.006, Amended 5-25-00, 3-21-01, 7-30-02, 3-20-03, 4-21-05, 4-24-06, 4-15-07, 3-25-08, 3-7-11, 1-27-14. 66B-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of 199 waterway facilities damaged by a declared natural disaster. Applicants for Disaster Relief shall use the same forms listed in subsection 66B-2.006(2), F.A.C. The District shall consider these applications in accordance with these rules. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS. History -New 6-24-93, Amended 2-6-97, Formerly 16T-2.0061, Amended 4-24-06, 3-25-21. 66B-2.007 Application Form. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 6-24-93, 2-3-94, 4-12-95, Formerly 16T-2.007, Repealed 7-30-02. 66B-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging, 2. Public navigation aids and markers, 3. Inlet management projects that are a benefit to public navigation in the District, 4. Public shoreline stabilization directly benefiting the District's waterway channels, 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access, 6. Waterway signs and buoys for safety, regulation or information, 7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities, 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities, 9. Derelict Vessel Removal, 10. Waterways related environmental education programs and facilities, 11. Public fishing and viewing piers, 12. Public waterfront parks and boardwalks and associated improvements, 13. Maritime Management Planning, 14. Waterways boating safety programs and equipment, 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and, 16. Environmental restoration, enhancement or mitigation projects; and, 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 66B-2.005(5) or (6) or subparagraphs 66B -2.008(1)(a)1.-16., F.A.C., but are located on eligible waterways shall be considered for funding under the priority listing of "other waterway related project" and eligible for 25% funding. (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat, 2. Restrooms for non -waterway users, 3. Roadways providing access to non -waterway users, 4. Parking areas for non -waterway users, 5. Utilities for non -waterway related facilities, 6. Lighting for non -waterway related facilities, 200 7. Project maintenance and maintenance equipment, 8. Picnic shelters and furniture for non-waterway related facilities, 9. Vehicles to transport vessels; and, 10. Operational items such as fuel, oil, etc. 11. Office space that is not incidental and necessary to the operation of the main eligible public building; and, 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and, 13. Inlet maintenance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor: a. Project management, administration and inspection, b. Design, permitting, planning, engineering or surveying costs for completed construction project, c. Restoration of sites disturbed during the construction of an approved project, d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1., above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire-fighting, Marine law enforcement and other vessels are eligible for a maximum of $125,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase II will include the construction of the project. A description and cost estimate of the Phase II work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small-Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 35 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental entity that owns the project site may be joined as a co-applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the third Monday in September. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Failure to timely submit the required environmental permits and authorizations or letters stating such permits or authorizations are not required shall result in the application not being considered for funding. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage 201 pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all rimes sufficient funds for the on- going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts for the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may be updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b) The plan shall be utilized as a tool to provide a minimum 5 -year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following: 1. Public boat ramp and ramp parking inventory and analysis. 2. Public mooring and docking facility analysis, including day docks and transient slips. 3. Commercial and working waterfront identification and needs analysis. 4. The identification, location, condition and analysis of existing and potential navigation channels. 5. An inventory and assessment of accessible public shorelines. 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible. (7) Final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1)-(3) FS. History—New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9-5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00,3-21-01, 7-30-02,3-20-03,3-3-04, 4-15-07,3-25- 08, 4-1-09,2-22-10,3-7-11,3-7-1Z 1-27-14, 2-17-15, 2-21-16,3-25-21,3-9-23,3-11-24. 66B-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one, one-year extension. Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be 202 considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The project sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report," dated 7-30-02, hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address. (5) Reimbursement Requests: The liaison agent may submit periodic reimbursement requests during the project period in accordance with Rule 6613-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion: The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the following to the project manager: (a) A Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by Rule 6613-2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS History—New, 12-17-90, Formerly 16T-2.009, Amended 3-21- 01, 7-30-02, 3-7-11,1-27-14,3-25-21. 66B-2.010 Project Agreement. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 9-5-96, Formerly 16T-2.010, Amended 3-21-01, Repealed 7-30-02. 66B-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. 203 This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No. 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office. (1) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project. The District will pay the lesser of- (a) f(a) The percentage total of project funding that the Board has agreed to fund, or (b) The maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form. All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non- compliance with the terms of this agreement. (5) Check Presentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost -share percentage, the project sponsor shall proportionately reimburse the District's program funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 12-17-90, Amended 6-24-93, Formerly 16T- 2.011, Amended 3-31-99, 7-30-02,3-7-11. 66B-2.012 Accountability. The following procedures shall govern the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B-2.009(8), F.A.C., of this rule shall be submitted to the District prior to final reimbursement of program funds. (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be bome entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the 204 District. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.012, Amended 7-30- 02. 66B-2.013 Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District, at the entrance to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report, study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking Authority 374.976(2) FS Law Implemented 374.976(1) FS. History -New 12-17-90, Formerly 16T-2.013, Amended 2-22- 10. 6611-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure - A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals - Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in-kind contribution pursuant to paragraph 66B -2.014(4)(b), F.A.C. (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding: (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Project Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of all proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 6613-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $10,000 per project, not to exceed $30,000 per County, per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will be valued at the Independent Sector estimated national value of each volunteer hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, trash removal and management, sign installation, plant materials, herbicides, etc. The funding provided by the District shall not be allocated for parties, food or beverages. Rulemaking Authority374.976(2) FS Law Implemented 374.976(1) FS History—New 7-30-02, Amended 4-24-06,3-7-11,3-25-21, 3- 11-24. 66B-2.015 Small -Scale Derelict Vessel Removal Projects. Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure - Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale 205 Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01-06 (Small -Scale Derelict Vessel Removal Program — Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year. (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not-for-profit organization. (4) District funding shall be limited to $150,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost -share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 66B-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application. (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant. (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program. (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make all final decisions concerning the provision of funding for this program. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History -New 4-24-06, Amended 4-15-07,3-25-08,3-7-11, 1- 27-14, 3-25-21, 3-9-23, 3-11-24. 66B-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event. In addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below. (3) Applicant Eligibility: The clean-up program must be sponsored by a government agency or a registered not-for- profit corporation. (4) Funding: District funding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below. (5) The District shall be recognized in all written, online, audio or video advertising and promotions as a participating sponsor of the clean-up program. (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of pocket expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program. In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives 206 will qualify for up to additional $5,000 in clean up funds. (8) The clean-up program budget must provide equal or greater matching funds for all Navigation District funding. (9) The applicant shall tally and report the composition and location of the waterway -related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS. History—New 3-7-11. 207 EXHIBIT C FLORIDA INLAND NAVIGATION DISTRICT Sponsor: Project Title: Source of Matching Funds: Amount of Matching Funds: ASSISTANCE PROGRAM Matching Funds Certification Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2023, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated Project Liaison Name: Project Liaison Signature: Date: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) 208 - EXHIBIT D A fNLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM T REIMBURSEMENT REQUEST"RM PROJECT NAME: PROJECT PROJECT SPONS,QR BILLIN(3' Amountiof ► %sl 10*1 DisbursiNwnts and Less Preva Total Retainage Held Balance A Table = Funds Requested This Disbursement Funds Requested,; tem dbinag unless final) D. CM&'Amount Amount ilstance Less Total Prior and Current Payments Including all retainage held (B+G)_ = Balance Rell*g Expense Description (Should correspond to Cost Estimate Sheet Categories in Exhibit "A") FIND - Form No. 90-14 Effective Date 7-30-02) SCHEDULE OF EXPENDITURES Check No. Total VARAWMIft, and Date Cast Applicant FIND Cost Cost (NOTE_ Signature Required on Page 2) 209 ETHIBIT E ::. FLORMA MLAND NAVIGATION DISTR&M ASSMA"M PROGRA-M Project Completion Certification WORK ACCOMPLISHED. PROBLEMS ENCOUNTERED: Fafm No. 95-02 (Effective Date: 7-30-02) 4 erect Agreement Executed. Pinjoct~ - MMR30, 20 FjW Qhiarterl Report Due_ - >3 �iStt lRtt o $a itlt Second 11�;�0,2Q25- Qua"l<tepcdbute. JUNE M; S- 'T'hird Quarterh Reportbue. SEPTE_IIBER%ftSFourth Quarterly Report Due. DECEMBER 30, 2626.- Fifth Quarterh° Report Due_ AURRCH 30,02026- Sixth Quarterly Report D.ur, JUNE 3$82026- 'Due NOTE:hrlhe project frill not be a nipletet rW ilo.se out papenrork submitted by,!W 30th,*# ' st fora 1 -1 -ear extension t) j'tl conipletioti dato*f.*e project shoulbnritted with the J00=6 quarteyr r report. SEPTF 1-30, 2026- MV &i6n it paperwork Closeout pu�ork consists of E: 1.:Proiect Completion Certificate, FLND Form No. 90-13 `ective date 7-30-02), which cesfifies that the project was completed in accordance with the projectagreement and the final project 2. A final reimbursement request accompanied by all required supporting documentatio>t uding bills and cancW"payment vouchers Sdt impenditures. 3. Photo graphs) showing the installation tthe sign required by Rti1{e tat -21l3, F 4. Photograph(s) of the completed project clearly showing the program improvements. (Vg or, ti F format) 3. A final Project Report (1=2 pages) that shall at minimum include: project name and address, project eapppmarlrnal cost,oject be.it1 Oikdete cioseoAb**+4W' October 2026- fetish processing closeout paperrus►ork puforin probe, Wpection `tt mut final reunbussetnent check and coordinates check presentation with sponsor_ NOTE- ANYMODIFICATTONS to the PROJECT shall require ach ance Notice and prior written approval of the Distriirt T ate titrritrg foe prod A.t ti #project cost estimate, iibitA, would be after receipt 4U6. ' NtI T4D���CX by lir PROJECT SPOT; SOR with the reporting Schedule in Ej*O#'a [ a reetnent urctiaitta � project P J gi! 040 213 GRANT NAME: FIND Phase 1 Design & Engineering of Wabasso Causeway Paris Improvements GRANT # AMOUNT OF GRANT: $75,000.00 DEPARTMENT RECEIVING GRANT: Parks, Recreation, & Conservation CONTACT PERSON: Wendy Swindell TELEPHONE: 1. How long is the grant for? 3 Year 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 . 75000 772-226-1781 Starting Date: October 1, 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)? Optional Sales Tax/Wabasso Causeway Shoreline & Park Improvements X - non. n.e&W 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? $ No additional funding required S- sxIn29593oe27-2O3eiil9D24L asszoes1eowc7ez7zu "W-42se52o-rm3bMb lloah.�,d � ,nrzawmsina7z- •°"•,•'a�•"' 02/21 /2024 Signature ofPreparer: +� ase+.+nr�,.��.•�.,.,;,-�^-�-� Date: 215 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ 75000 $ 75000 Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ 1 $ $ S- sxIn29593oe27-2O3eiil9D24L asszoes1eowc7ez7zu "W-42se52o-rm3bMb lloah.�,d � ,nrzawmsina7z- •°"•,•'a�•"' 02/21 /2024 Signature ofPreparer: +� ase+.+nr�,.��.•�.,.,;,-�^-�-� Date: 215 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Division Date: October 8, 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: Joe Tilton, Recreation Manager 1� CONSENT AGENDA BCC Meeting 11-05-2024 Subject: Grant Agreement for the Florida Recreation Development Assistance Program (FRDAP) Grant for West Wabasso Park Playground Replacement BACKGROUND: On August 15, 2023, the Board authorized staff to apply for a Florida Recreation Development Assistance Program (FRDAP) Grant to replace the playground at West Wabasso Park. This grant allows staff to leverage the funding available in the Capital Improvement Element (CIE) to obtain State funding that will be used to create a new and exciting play experience for the patrons of West Wabasso Park. On July 3, 2024, staff was notified of the selection of the West Wabasso Playground Replacement Project for the FY 24-25 FRDAP Grant Cycle and on October 7, 2024, FDEP provided a Grant Award Agreement for Board consideration (Attachment 1). DESCRIPTION AND CONDITIONS: The FRDAP grant requires a match in funding for consideration when a project request is submitted. The total project cost as outlined in the CIE is $150,000. Based on the grant agreement, the County is required to provide $50,000 in matching funds which is already included in the CIE. The additional $50,000 provided through the FRDAP grant will assist with funding additional elements in the playground, specifically a shade structure for a total project cost of $200,000. FUNDING: Funding for the project, in the total amount of $150,000, is budgeted and available in the Optional Sales Tax/Parks/Parks Playground Improvements account, number 31521072-066510-20040. Account Description Account Number Amount Optional Sales Tax/Parks/Park Playground Replacement 31521072-066510-20040 $150,000 216 RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners accept the Florida Department of Environmental Protection, Florida Recreation Development Assistance Program Grant for the West Wabasso Park Playground Replacement. Staff respectfully recommends the Board to authorize the County Administrator to execute the Agreement as this falls within his signing authority after review and approval by the County Attorney Staff ATTACHMENTS: • Attachment 1 — Grant Agreement for Florida Department of Environmental Protection, Florida Recreation Development Assistance Program Grant for the West Wabasso Park Playground Replacement. • Attachment 2 - Grant Form APPROVED AGENDA ITEM FOR November 5, 2024 217 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: West Wabasso Park Playground Replacement P5101 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Grantee Address: 1801 27th Street Vero Beach, FL 32960 FEID: 59-6000674 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution June 30, 2027 4. Project Number: P25101 Project Location(s): (IfdiifferentfromAgreement Number) 8900 64th Avenue. Sebastian, FL 32958 Project Description: New: Purchase and installation of new playground equipment. 5. Total Amount of Funding: $50,000 Funding Source? Award #s or Line -Item Appropriations: Amount per Source(s): is State ❑Federal Line Item 1829, GAA, FY 24-25 $ 50,000.00 ❑ State ❑Federal $ ❑ State ❑Federal $ is Grantee Match $ 50,000.00 Total Amount of Funding + Grantee Match, if any: $100,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: La'Datrea Manatee Name: Joseph Tilton or successor or successor Address: 3900 Commonwealth Blvd Address: 1801 27th Street MS # 585 Vero Beach, FL 32960 Tallahassee, FL 32399 Phone: 850-245-2366 Phone: 772-226-1344 Email: LaDatrea.Manatee@FloridaDEP.gov Email: jtilton@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: 8 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements la Attachment 2: Special Terms and Conditions 2 Attachment 3: Grant Work Plan 2 Attachment 4: Public Records Requirements la Attachment 5: Special Audit Requirements 2 Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at b.H s://facts.fldfs.com, in accordance with section 215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): 8 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 42 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PURI 808 (State) DEP Agreement No. 2�Q P5101 e'v. 6/28/24 ❑ Exhibit H: Non -Profit Organization Compensation Form (State) ❑ Exhibit I: Forced Labor Attestation Form ❑ Additional Exhibits (if necessary): 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a (1): Federal Award Identification Numbers F Unique Entity Identifier UEI : a Federal Award Date to De artmen Federal Award Pro*ect Descn�ha' Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Indian River County Grantee Name By (Authorized Signature) Print Name and Title of Person Signing GRANTEE Date Signed State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Callie DeHaven, Director, Division of State Lands Print Name and Title of Person Signing ❑ Additional signatures attached on separate page. Date Signed DEP Agreement No. 2 Rev. 6/14/24 05101 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 14 Rev. 8/16/2024 220 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department Attachment 1 2of14 Rev. 8/16/2024 221 does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: hgps:Hfloridaj obs.org/community-planning-and-development/rural-community_programs/rural-areas-of- Opportunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. Attachment 1 3of14 Rev. 8/16/2024 222 ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: haps://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as past of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price Attachment 1 4of14 Rev. 8/16/2024 223 subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For the purposes of this Agreement, Equipment is defined as capital outlay costing $5,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. Attachment 1 5of14 Rev. 8/16/2024 224 d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. Attachment 1 6of14 Rev. 8/16/2024 225 If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT Attachment 1 7of14 Rev. 8/16/2024 226 TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized Attachment 1 8of14 Rev. 8/16/2024 227 aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. DiscriminatoryVendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. Attachment 1 9of14 Rev. 8/16/2024 228 If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the fmished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: httys://www.gpa.gov/invest/investing-america-signage. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. Attachment 1 10 of 14 Rev. 8/16/2024 229 C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: bgp:Hdos.myflorida.conVlibrary-archives/records-mana eg ment/general-records-schedules/). 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "Links/Forms" section appearing at the following website: https: \\apps. fldfs. com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. Attachment 1 11 of 14 Rev. 8/16/2024 230 e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Dievelopment at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. Attachment 1 12 of 14 Rev. 8/16/2024 231 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extend authorized by federal law, the Department, its grantees, contractors and subcontractors shall give preference to food commodities grown or produced in this state when purchasing food commodities, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product. 42. Anti-human Trafficking. If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06, F.S. 43. Iron and Steel for Public Works Projects. Attachment 1 13 of 14 Rev. 8/16/2024 232 If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality; (2) the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent (20%); or (3) complying with this requirement is inconsistent with the public interest. Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if - (1) i(1) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and (2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%) of the total Project Cost under this Agreement or $2,500, whichever is greater. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system that are necessary for operation or concealment (excepting transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from the requirements of this paragraph. This provision shall be applied in a manner consistent with and may not be construed to impair the state's obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current, complete, and accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 14 of 14 Rev. 8/16/2024 233 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. P5101 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is West Wabasso Park Playground Replacement. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins the first day of the fiscal year for in which the agreement was entered in to, through the date of expiration. b. Extensions. There are no extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ® M Salaries/Wages Overhead/Indirect/General and Administrative Costs: ® M a. Fringe Benefits, N/A. ® M b. Indirect Costs, N/A. M M Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment M M Rental/Lease of Equipment M M Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 25% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $50,000.00 through cash or third party in-kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made on July 1, 2024 or after for purposes of meeting its match requirement as identified above. Attachment 2 1 of 3 Rev. 7/08/24 234 Each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Attachment 2 2of3 Rev. 7/08/24 235 b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. NONE. Attachment 2 3 of 3 Rev. 7/08/24 236 ;oho 96 go oCd .s a abs by U00 10 W b o 'O. 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U U � F N W N A N M as cd U y c y Cd • O 000 � � o b 4. • J A a M y Q. o ° ° A o � A„ goy owb •O Q N 0~y a O U W 04 Cd ed" •O b Y Q y M 00 U ani a0i ..r a00o b0 Q O w c •�, r� F°y w Gi C +y+ O 00 bb El 0.5 O O Q O cd `� w ° T a Or vol v� y a A y 0•°o cbf) d abi Ue„ 0 ^O "q U O y a Y =03 o Q ^d by 'W" P4 3 c Cd ° Q% -o _0 bo w cl C's cd o a ^;02 cb'A ❑U a b°q o O a ;b O LL 40. y A .0Q a;° U wo p+ a> Q Y a c �, pGw° d•o � oA ,°�, Im M STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution and section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. servicesAfloridadep.gov. Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/8/2024 240 PSTATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP'; "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government, or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $750,000 or more in Federal awards in its fiscal year, must have a single or program - specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hgps://sam.gov/content/assistance-listings. Attachment 5 1 of 7 BGS -DEP 55-215 revised 11/8/2022 241 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part Il, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at htros:H=s.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at httv://www.leg.state.fl.us/Welcome/index.efin, State of Florida's website at httR://www.myflorida.com/, Department of Financial Services' Website at http://www.fldfs.com/and the Auditor General's Website at httv://www.myflorida.com/audge . PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2of7 BGS -DEP 55-215 revised 11/8/2022 242 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at http://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART H of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(&den. state. flus B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website QM://flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditAdep.state. flus 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 7 BGS -DEP 55-215 revised 11/8/2022 243 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of7 BGS -DEP 55-215 revised 11/8/2022 244 V" ti 0 0 O � a ^ M U a W O aU W ° N aU y u d d 0 0 O 69 �Oj C C "C b w w Vii a+ � O CY.Y. Q) y a.+ y d] � A a A o h U 4-i U 4w .Q 0 U U .Ur p 0 01 d H Y � rte+ d� d~ M cr U Z U Z P, U U a ru, N 'u a w N 0) q U d Y tc d Y "O w 0 w 3 � w w V] W � w w Moad W d u a.. Pod A 0 C_ wa wa PC Baa �ewa wa W ti Qi Rn IV N O � ^ M U W O W ° N y u U U Vii a+ � y a.+ y a � O 4-i 4w U .Ur p Y � Y cr U U w ru, U q U Q Y o Y Q 0 w V] W w Moad W go Pod C_ wa wa Qi Rn IV N le N 0 0 .pry J-+ f.n y 0 A O A O aU aU m d d i. d L a E E � d d b b G4 � o CD s d c d bR u L ,b O O w 0 q O CA a v C Y Y O O N y a> U U w O cd Aa CIOtc s w U 0 T p w .Q d � O Uz M w. U U L a Q u a � Q be d w Cd w b � � � w w p H V d u w '31tc eqto a a o�ydpy L c sem. 1`+ d •e [� y a ad d as y .0 y 0 b y 0 dp� le N 0 a c d a ui � o CD s d c O a bR u u ,b r w 0 O CA a v C O O N y cd CIOtc s w 0 0 T p O .Q O U � O Uz M w. d u �+ N a p H V u w '31tc eqto a a o�ydpy c sem. 1`+ d •e [� o ° as �. c,d afx c ? a a b 3 d u Lj PC y dp� �Y�'' d `" 'iii -ii L V" C7 Ahad ra L 4 w � � d •� V a C� un le N Q . 2«$ \587 aww °®aa I§w ?C2" \ § / ` k 2@f % I��� 2 §¢k2/ � ��kk k ®2 © - � \ �d bb a\ -,a a72/ is ///\ ©..� 0 kf§2 $ © \± �E #'£§ ° ( \ # § \ # 2 `lip ƒ` / 72ma 7\k k>u � 2 % g � a § � \gym �B'e�k §§} Ifa§4 2�0 V1.1—'A STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM SPECIFIC REQUIREMENTS FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM ATTACHMENT 6 1. Project Submittal Forms. Administrative Forms, Reimbursement Forms, and Guidelines referenced in this Agreement may be found at https:Hfloridadep.gov/lands/land-and-recreation-grants/content/frdap-assistance, or by contacting the Department's Grant Manager. 2. Notice to Commence. Prior to commencement of the Project, the Grantee shall submit to the Department for approval all documentation and completion of responsibilities listed on the Commencement Documentation Checklist, DRP -107. Upon satisfactory approval by the Department, the Department will issue written "Notice to Commence" to the Grantee to commence the Project. The Grantee SHALL NOT proceed until the Department issues the "Notice to Commence." Until the Department issues the "Notice to Commence," the Department is not obligated to pay or reimburse Grantee for fees, costs, or general expenses of any kind that were incurred prior to the "Notice to Commence," except for Pre - Agreement Expenses as more fully described in subsection 62D-5.054(34), F.A.C. 3. Site Plans. Project site facilities must be attractive for public use and compatible with the environment. Plans and specifications for Project site improvements and facilities must be in accordance with current engineering and architectural standards. The Grantee should emphasize the health and safety of users, accessibility to the general public, and the protection of the recreational and natural values of the area. The Grantee may alter a conceptual site plan only after written approval by the Department. The Grantee shall have final site plans (site, engineering, and architectural) prepared for the Project and sealed by a registered architect or engineer licensed in accordance with the laws of the State of Florida (collectively the "Project Plans"). The Grantee must deliver a complete original, signed, and sealed set of the Project Plans to the Department before the Department will issue final reimbursement. 4. Project Completion. All work under this Agreement must be completed no later than 60 days before the expiration date of the Agreement, known as the "Project Completion Date." The Department may require the Grantee to do additional work before designating the Project "complete." If the Project has not been designated as complete by the Department by midnight of the Date of Expiration, the Project funds will revert to the revenue fund from which they were appropriated (paragraph 62D -5.058(7)(a), F.A.C.). 5. Project Completion Certification. To certify completion, the Grantee will submit to the Department the Project Completion Certification, DRP -112, available online and incorporated herein by reference. The Project must be designated complete prior to the Department releasing final reimbursement. The Department shall designate the Project complete upon receipt and approval of all deliverables and when Project site is open and available for use by the public for outdoor recreation purposes. The Department will release the retainage when the Department approves the Completion Documentation set forth in paragraph 62D -5.058(7)(d), F.A.C. The final payment of the retained amount will be processed within thirty (30) days of the Project designated complete by the Department. 6. The following modifies paragraph 8.d, Attachment 1, Standard Terms and Conditions: a. Reimbursement for Costs. Project Costs will be reimbursed as provided in paragraph 62D -5.058(2)(a), F.A.C., and in the Project Agreement. The Grantee is eligible for reimbursement, in whole or in part, for Department -approved Pre -Agreement Expenses Attachment 6 1 of 3 Rev. 8/19/2021 248 and, if applicable, costs associated with Retroactive Projects, through the Project Completion Date of this Agreement. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, cost(s) must meet all FRDAP requirements, financial reporting requirements, and rules and regulations applicable to expenditures of state funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: hUs://www.myfloridacfo. com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. Pre -Agreement Expenses. Pursuant to subsection 62D-5.054(34), F.A.C., Pre -Agreement Expenses means expenses incurred by a Grantee for accomplishment of an eligible FRDAP project prior to full execution of the Project Agreement. Parties hereby acknowledge and agree, Grantee is entitled to submit for cost - reimbursement eligible Pre -Agreement Expenses, which are expenses Grantee incurred for the accomplishment of the Project prior to full execution of this Agreement. 7. The following is added to paragraph 8, Attachment 1, Standard Terms and Conditions: k. Project Costs. The Department will reimburse Project costs pursuant to paragraph 62D -5.058(2)(a), F.A.C., and as provided herein. Project costs, except for Pre -Agreement Expenses, shall be incurred between the effective date of the Agreement, and the Project Completion Date as set forth in the Project Completion Certification determined and identified herein. If the total cost of the Project exceeds the grant amount and the required match (if applicable), Grantee must pay the excess cost. 1. Cost Limits. Pursuant to paragraphs 62D -5.058(2)(a) and (b), F.A.C., project planning expenses, such as application preparation, surveys (boundary and topographic), title searches, project signs, architectural and engineering fees, permitting fees, project inspection fees, and other similar fees are eligible Project costs provided that such costs do not exceed fifteen percent (15%) of the total Project cost. 8. The following hereby replaces paragraph 81, Attachment 1, Standard Terms and Conditions: h. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation from the Recommended Application Priority List by the Florida Legislature. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of the Department if the Legislature reduces or eliminates appropriations. It is further understood that Grant Awards may be revised by the Department due to the availability of FRDAP program funds. 9. The following replaces paragraph 10, Attachment 1, Standard Terms and Conditions: Status Reports. a. The Grantee must utilize, Project Status Report Form, DRP -109, available online and incorporated herein by reference, to describe the work performed during the reporting period, problems encountered, problem resolutions, schedule updates and proposed work for the next reporting period. The Project Status Reports must be submitted to the Department's Grant Manager no later than January 5, May 5, and September 5. The Department's Grant Manager has thirty (30) calendar days to review the required reports and deliverables submitted by the Grantee. b. Additionally, the Grantee shall comply with the reporting and inventory requirements set forth in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), available online: h!Ws:Hfloridadep.goy/parks/florida-scorp- outdoor-recreation-florida and hereby incorporated by reference, by updating the Florida Outdoor Recreation Inventory (FORT) system Q=s:Hfloridadgp.gov/parks/florida-outdoor-recreation-inventory). 10. Site Dedication. a. Land owned by the grantee and developed or acquired with FRDAP funds must be dedicated in perpetuity as an outdoor recreational site for the use and benefit of the general public in accordance with Rule 62D-5.059, F.A.C. Land under control other than by ownership of the Grantee such as by lease, must be dedicated as an outdoor recreation area for the use and benefit of the general public for a minimum period of twenty-five (25) years from the Project Completion Date as set forth in the Project Completion Certificate. The dedications must be recorded in the county's public property records by the Grantee. Execution of this Agreement by the Department constitutes an acceptance of a Project site(s) dedication on behalf of the general public of the State of Florida. b. Should the Grantee's interest in the land change, either by sale, lease, or other written legal instrument, the Grantee is required to notify the Department in writing of the change no later than ten (10) days after the change occurs, Attachment 6 2of3 Rev. 8/19/2021 249 and the Grantee is required to notify all subsequent parties with interest to the land of the terms and conditions as set forth in this Agreement. 11. Management of Project Sites. a. Site Inspections. Grantees must ensure by site inspections that facilities on the Project site are being operated and maintained for outdoor recreation for a minimum period of twenty-five (25) years from the Project Completion Date set forth in the Project Completion Certificate. The Project site must be open at reasonable rimes and must be managed in a safe and attractive manner. b. Non -Compliance. The Department will terminate an agreement and demand return of the program funds (including interest) for non-compliance if a Grantee fails to comply with the terms stated in with the Agreement. If the Grantee fails to comply the Agreement, the Department will declare the Grantee ineligible for further participation in FRDAP until such time as the Grantee comes into compliance. c. Public Accessibility. All facilities must be accessible to the public on a non-exclusive basis, without regard to age, sex, race, religion, or ability level. d. Entrance Fees. Reasonable differences in entrance fees for other FRDAP projects may be allowed on the basis of residence, but only if the Grantee can clearly show that the difference in entrance fees reflects, and is substantially related to, all economic factors related to park management, and it is not simply related to the amount of tax dollars spent by the residents for the park; and that a definite burden on the Grantee in park maintenance costs clearly justifies a higher fee for nonresidents. e. Native Plantings. In developing a FRDAP project with program funds, the Grantee must primarily use vegetation native to the area, except for lawn grasses. f. The Grantee will obtain Department approval prior to any current or future development of facilities on the Project Site(s), which is defined in subsection 62D-5.054(46), F.A.C. This Agreement is not transferable. 12. Procurement Requirements for Grantee. The Grantee must secure all goods and services for the Project according to its adopted procurement procedures. 13. Signage. The Grantee must erect a permanent information sign on the Project site that credits funding (or a portion thereof) to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. The sign must be made of appropriate materials, which are durable for a minimum of twenty-five (25) years after the Project is complete. The sign must be installed on the Project site and approved by the Department before the Department processes the final Project reimbursement request. 14. Termination and Ineligibility. In addition to the remedies provided elsewhere in this Agreement, if the Grantee fails to comply with the terms stated in this Agreement or with any provisions in Rule Chapter 62D-5, F.A.C., the Department will terminate this Agreement and demand return of the program funds (including interest). Furthermore, the Department will declare the Grantee ineligible for further participation in FRDAP until the Grantee complies. Further, the Grantee agrees to ensure that all necessary permits are obtained prior to implementing any Grant Work Plan activity that may fall under applicable federal, state, or local laws. 15. Conversion. The Project Site acquired and/or developed with FRDAP assistance must be retained and used for public outdoor recreation. Should the Grantee, within the periods set forth in subsections 62D-5.059(1) and (2), F.A.C., convert all or part of the Project site to other than public outdoor recreational uses, the Grantee must replace the area, facilities, resource, or Project site at its own expense with an acceptable project of comparable scope, and quality. Attachment 6 3 of 3 Rev. 8/19/2021 250 5 I a z U N O 4 O O U N O a b O U 0 b 0 U U 0 rA N W U U �O a N O a ,1p 0 U c� U 0 a 'o U AAQ � 0 U Q 3-i N N U Q 'bn to Q oo 0 N +•�' O Cd cts N � r. O �-, � U� 40 EIEIElEl U U a a c� U 0 a 'o U AAQ � 0 Q 3-i N N U Q 'bn to Q oo 0 N +•�' O Cd cts N � r. O �-, � U� 40 EIEIElEl a a ` `Ss DepartNo O' 4 o �a� 0 ^'ental P� Required Signatures: Adobe Signature Date Grantee Billing DEP Division: Florida Department of Environmental Protection EXHIBIT C PAYMENT REQUEST SUMMARY FORM Project Name and Number Billing #: DEP Program: CERTIFICATION: I hereby certify that the above expenses were incurred for the work being accomplished in the attached progress reports. Project Administrator Date CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the project expenses as reported above and is available for audit upon request. Project Financial Officer Date DRP -115 (Effective 06-19-2015) Page 1 of 1 253 Project Costs This Billing Cumulative Project Costs Contractual Services DRP -116 Grantee Labor DRP -117 Employee Benefits ( % of Salaries) Direct Purchases: Materials & Supplies DRP -118 Grantee Stock DRP -120 Equipment DRP -119 Land Value Indirect Costs (15% of Grantee Labor) TOTAL PROJECT COSTS $ 0.04 $ 0.00 CERTIFICATION: I hereby certify that the above expenses were incurred for the work being accomplished in the attached progress reports. Project Administrator Date CERTIFICATION: I hereby certify that the documentation has been maintained as required to support the project expenses as reported above and is available for audit upon request. Project Financial Officer Date DRP -115 (Effective 06-19-2015) Page 1 of 1 253 AMOUNT OF GRANT: $50,000 DEPARTMENT RECEIVING GRANT: Parks & Recreation CONTACT PERSON: Beth Powell 1. How long is the grant for? 3 years GRANT # P5101 TELEPHONE: 772-226-1873 Starting Date: July 2024 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? Yes X No If yes, does the grant allow the match to be In -Kind services? Yes No 4. Percentage of match to grant 0 % 5. Grant match amount required 1; 50,000 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? FY 25-26 CIE Optional Sales Tax 7. Does the grant cover capital costs or start-up costs? X 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 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? $ N/A Signature of Preparer: Date: 254 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ 50,000 $ 0 $ 50,000 $ 200,000 Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 254 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Aquatics Division Date: October 23, 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 CONSENT A777 BCC Meeting 1 From: Gustavo Vergara, Assistant Director Parks, Recreation & Conservation Subject: Approval of Work Order for Exploratory and Remedial Work for Floridan (Artesian) Well and Repairs at North County Aquatic Center BACKGROUND: The well at the North County Aquatic Center supplies water to a set of chillers that regulate water temperature to a desired 79-83 degrees. This range is ideal for the many activities that take place at the facility. High school, college and private high-level swimmers need the cooler water for the safety of the swimmers, while participants of aqua aerobic classes and recreational swimmers appreciate the higher range for the comfort of their activity. The chilling/cooling system is called a closed loop heat exchange system, whereby water from the well, which is always at a constant temperature, is pumped through a set of coils inside six "chiller" units at 300 gallons per minute. These coils are adjacent to a set of coils inside the same chiller units recirculating the water in the pool. These two coils work concurrently inside the units to either heat or cool the temperature of the water to a set number. The key factors in these chiller units that affect their performance are the source of water and flow rate. The source must meet certain criteria in both sediment and flow to prevent clogging or infecting the coils with sand or bacteria which affects functionality. The system requires a set gallon per minute rate of 300 gpm. The County subcontracts a company to maintain the chillers and in the last service call they performed on September 12, 2024, two of the six chiller units were completely clogged with sand. The technician stated they could not service the chillers until the issue with the well (source of water) was addressed as sand in the coils is a clear indication of something not being right with the source. Further, sand can cause harm to the units and could create a bigger issue rendering the whole system inoperable. Since that time the chillers/heaters-coils have been shut off and the temperature of the pool cannot be controlled resulting in higher -than -normal operating temperatures and additional chemicals necessary to maintain water quality. Staff consulted with staff from the Utilities Department for advice and direction to remedy the issues experienced. Utilities recommended that we consult with JLA Geosciences, Inc. who performs specialty hydrogeology work. Staff met with JLA Geosciences Inc (JLA) to investigate the issue and propose solutions to the problem. DESCRIPTION AND CONDITIONS: JLA submitted the attached proposal (Exhibit A) for exploratory work on the well. This Phase I of the project will include reconfiguring the wellhead to allow access for a video camera system which 255 would help determine the reason sand is being sucked up into the cooling/heat exchange system. They will collect data on the performance of the well and once all the investigative work is complete, provide a report with recommendations. The cost of this work is $23,146. Per JLA, some of the worst-case scenarios, like having to drill a new well due to a collapse in the existing well, could cost up to $200,000. When the Phase I assessment is completed, a plan of action with concrete costs will be obtained and a new agenda item will be presented for approval and notice. We included the total potential costs to ensure the Board is aware of possibilities ahead of time and staff may prepare accordingly. Since this issue was discovered late in September of 2024, there was no opportunity to budget appropriately for this investigative or remedial work. FUNDING: Funding, up to $223,146, will come from the MSTU Fund/North County Aquatic Center/Maintenance - Other Equipment/North County Aquatic Well Rehab account, number 00410472-034690-25002. Funds will be appropriated via budget amendment. Amount Description Aeeount mumber Anwuut . MSTU Fund/North County Aquatic Center/Maintenance — Other Equipment/North Coun Aquatic Well Rehab 00410472-034690-25002 $223,146 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve funding for investigative and remedial work to be performed on the well at North County Aquatic Center not to exceed $223,146. ATTACHMENTS: Proposal from JLA APPROVED AGENDA ITEM FOR November 5, 2024 256 Exhibit A JLA Geosciences, Inc. HYDROGEOLOGIC CONSULTANTS 1907 Commerce Lane, Suite 104 October 29, 2024, Gustavo Vergara, CPRE Parks, Recreation & Conservation Operations and Programs Assistant Director 1590 Stn St SW Vero Beach, FL 32962 Jupiter, Florida 33458 (561) 746-0228 fax (561) 746-0119 Via Electronic Mail RE: Proposal for Indian River County, Parks, Recreation & Conservation Department, North County Pool Heat Exchange System UFA Supply Well Sand Investigation, Exploratory Video, Testing, & Recommendations Dear Mr. Vergara: JLA Geosciences, Inc. (JLA) is pleased for the opportunity to assist Indian River County Parks, Recreation and Conservation Department (IRC) with hydrogeologic consulting services. The IRC North County Aquatic Complex (NCAC) operates a closed loop heat exchange system to regulate water temperature utilizing water from the Upper Floridan Aquifer (UFA). Recently the UFA supply well started producing substantial quantities of sand and has made the heat exchange system inoperable. The scope of this proposal includes work necessary to investigate the cause of UFA supply well sand production which includes modification of the existing wellhead to facilitate testing, downhole investigatory well video, field water quality and performance testing, and reconnection of the UFA supply well to the heat exchange system. Following the investigation, JLA will generate a summary of work completed on the well, observations from the downhole well video, results of water quality and performance testing, and recommendations for resolving the current sand production issue. Since the cause of the sand production is still unknow the recommendations may include changes to well operations and/or well replacement, additional repairs/modifications, or rehabilitation based on results of the investigation. Outlined below are the specific tasks included in our proposed scope of work, along with the associated costs for your thorough review and consideration. Our dedicated team is committed to delivering outstanding results, ensuring the project maintains the highest standards of quality. 1.0 Static and Dynamic Exploratory Videos & Water Quality Testing — Centerline Drilling (CLD) will salt kill the well, remove the existing wellhead configuration from the well to the pump, modify the wellhead to facilitate testing, conduct dynamic downhole video log of the well using a temporary pump, and reconnect the well updated wellhead to the existing pump jlageosciences.com 257 JLA.Geosciences, Inc. Proposal to Gustavo Vergara, CPRE October 29, 2024 Page 2 of 2 and discharge line. A JLA hydrogeologist will coordinate with CLD on the wellhead modification work and will be present on-site during the exploratory video and testing work. The primary objective of the investigatory well video is to identify the source of sand production, assess the condition of the existing well casing and borehole, collect current well performance and water quality data at the design rate of the heat exchange system (300 gallons per minute) and identify potential solutions. 2.0 Summary & Recommendation Report— JLA will furnish IRC with a summary of work completed on the well, observations from the downhole well video, results of water quality and performance testing, and recommendations for resolving the current sand production issue. This information will be provided in a detailed report and submitted electronically. TASK COST 1.0- STATIC AND DYNAMIC EXPLORATORY VIDEOS & WATER QUALITY TESTING 1.1- DRILLING SUBCONTRACTOR SERVICES $16,775.00 1.2- PROFESSIONAL AND SUPPORT SERVICES $5,247.00 2.0- SUMMARY & RECOMMENDATION REPORT $1,124.00 PROJECT TOTAL $23,146.00 This proposal has been carefully prepared using the information provided and our understanding of the project. If there are any additional details or specific requirements that we may have inadvertently overlooked, we would be more than happy to review any additional information provided. Our aim is to ensure that the scope of work and associated costs align with your expectations and project goals. Thank you once again for considering our services. We look forward to the possibility of collaborating with you on this project. Sincerely, JLA Geosciences, Inc. L Jon Friedrichs, P.G. Principal Hydrogeologist jlageosciences.com 258 7 ! ; R � \ } _ \ | ) $ \ k {} )e ¥w- )!( ; ; 6\ - ) | \ k } / }k P 77 {!{ [$ �f{ { i {!! !0 l.:;of 7 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Parks Division Date: October 22, 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: Joe Tilton, Recreation Manager 1 CONSENT AGENDA BCC Meeting 11-05-2024 Subject: Intergenerational Recreation Center/Dick Bird Park Improvements (AKA South County Regional Park Improvements) Bid Number 2025011 BACKGROUND: On June 20, 2023, the Board of County Commissioners, approved Work Order 2 to provide the design and engineering services necessary for the construction of a fitness station, pavilion, walking trail, and stormwater for improvements associated with the Intergenerational Recreation Center/Dick Bird Park. The design work was completed in August 2024, and the project was bid on September 12, 2024. As part of the amenities described above, the project includes the installation of exercise equipment ($26,582.10) that was a direct purchase as part of the Florida Blue Foundation Mental Well -Being Grant awarded to the Parks, Recreation and Conservation Department in the Spring of 2021. The pavilion has been direct purchased from RCP Shelters at a cost of $18,955.00. DESCRIPTION AND CONDITIONS: An Invitation to Bid for the construction was issued on September 12, 2024, and two responsive bids were received by October 15, 2024, deadline. $idder LocWoe GRSC, Inc. Stuart $342,722.50 Jobear Contracting, Inc. Palm Bay $344,755.00 The Parks Division has reviewed the bids received, and has determined GRSC, Inc. to be the lowest, responsive, responsible bidder. GRSC recently completed the Sporting Clays Trail Improvements at the County Shooting Range. FUNDING: Funding for the Intergenerational Recreation Center/ Dick Bird Park Improvements is budgeted and available in the Optional Sales Tax/Parks/IG/Dick Bird Park Improvements account, number 31521072-066510-23014, in the amount of $150,000.00. Should the Board recommend award of the 260 full proposal, the remaining $192,722.50 balance will be funded via budget amendment to provide the full $342,722.50 funding. Account Description Account Number Amount Optional Sales Tax/Parks/IG/Dick Bird Park Improvements 31521072-066510-23014 $342,722.50 RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve funding in the amount of $342,722.50 to complete the Intergenerational Recreation Center/Dick Bird Park Improvements (AKA South County Regional Park Improvements). Staff also recommends the Board award bid 2025011 to GRSC, Inc., approve the Agreement, and authorize the Chairman to execute it, after review and approval of the agreement and required public construction bond by the County Attorney as to form and legal sufficiency, and after GRSC has reactivated its registration with the Building Division. ATTACHMENT: Agreement APPROVED AGENDA ITEM FOR November 5, 2024 261 SECTION 00520 Agreement THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and GRSC, Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 -WORK 1.01 CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The proposed project includes installation of a new pavilion, outdoor fitness area and equipment, pedestrian loop, and drinking water fountain, complete with associated potable water service. ARTICLE 2 -THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Project Name: SOUTH COUNTY REGIONAL PARK IMPROVEMENTS Bid Number: 2025011 Project Address: 800 20th Avenue SW, Vero Beach, FL 32962 ARTICLE 3 - ENGINEER 3.01 Masteller & Moler, Inc. is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion, Final Completion and Final Payment A. The Work will be substantially completed on or before the 180th calendar day after the date when the Contract Times commence to run as provided in paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the 240th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages 262 A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER 1 685for each calendar day that expires after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $1,685 for each calendar day that expires after the time specified in paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. ARTICLE 5 - CONTRACT PRICE 5.01 OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents, an amount in current funds equal to the sum of the amounts determined pursuant to paragraph 5.01.A and summarized in paragraph 5.01.13, below: A. For all Work, at the prices stated in CONTRACTOR's Bid, attached hereto as an exhibit. B. THE CONTRACT SUM subject to additions and deductions provided in the Contract: Numerical Amount: $342,722.50 Written Amount: Three -hundred forty-two thousand, seven -hundred twenty-two dollars and fiftv cents ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions and the Contract Documents. 6.02 Progress Payments. A. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved partial payment request as recommended by ENGINEER in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. The OWNER shall retain five percent (5%) of the payment amounts due to the CONTRACTOR until substantial completion of all work to be performed by CONTRACTOR under the Contract Documents. B. For construction projects less than $10 million, at the time the OWNER is in receipt of the Certificate of Substantial Completion, the OWNER shall have 30 calendar days to provide a list to the CONTRACTOR of items to be completed and the estimated cost to complete 263 each item on the list. OWNER and CONTRACTOR agree that the CONTRACTOR'S itemized bid shall serve as the basis for determining the cost of each item on the list. For projects in excess of $10 million, OWNER shall have up to 45 calendar days following receipt of Certificate of Substantial Completion of the project to provide CONTRACTOR with said list. C. Payment of Retainage - Within 20 business days following the creation of the list, OWNER shall pay CONTRACTOR the remaining contract balance including all retainage previously withheld by OWNER except for an amount equal to 150% of the estimated cost to complete all of the items on the list. Upon completion of all items on the list, the CONTRACTOR may submit a payment request for the amount of the 150% retainage held by the OWNER. If a good faith dispute exists as to whether one or more of the items have been finished, the OWNER may continue to withhold the 150% of the total cost to complete such items. The OWNER shall provide CONTRACTOR written reasons for disputing completion of the list. 6.03 Pay Requests. A. Each request for a progress payment shall be submitted on the application provided by OWNER and the application for payment shall contain the CONTRACTOR'S certification. All progress payments will be on the basis of progress of the work measured by the schedule of values established, or in the case of unit price work based on the number of units completed. 6.04 Paragraphs 6.02 and 6.03 do not apply to construction services work purchased by the County as OWNER which are paid for, in whole or in part, with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. In such event, payment and retainage provisions shall be governed by the applicable grant requirements and guidelines. 6.05 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Contract and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not release the CONTRACTOR or its sureties from any obligations under the Contract Documents or the Public Construction Bond. ARTICLE 7 - INDEMNIFICATION 7.01 CONTRACTOR shall indemnify OWNER, ENGINEER, and others in accordance with paragraph 6.20 (Indemnification) of the General Conditions to the Construction Contract. ARTICLE 8 - CONTRACTOR'S REPRESENTATIONS 8.01 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: 264 A. CONTRACTOR has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which have been identified in the Supplementary Conditions as provided in paragraph 4.06 of the General Conditions. E. CONTRACTOR has obtained and carefully studied (or assumes responsibility for having done so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, including applying the specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by the Contract Documents to be employed by CONTRACTOR, and safety precautions and programs incident thereto F. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. H. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. CONTRACTOR is registered with and will use the Department of un Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. CONTRACTOR is also responsible for obtaining an affidavit from all subcontractors, as required in Section 265 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-9, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 4. Sample Certificate of Liability Insurance (page 00620-1); 5. Contractor's Application for Payment (pages 00622-1 to 00622-6 inclusive); 6. Certificate of Substantial Completion (pages 00630-1 to 00630-2, inclusive); 7. Contractor's Final Certification of the Work (pages 00632-1 to 00632-2, inclusive); 8. Professional Surveyor & Mapper's Certification as to Elevations and Locations of the Work (page 00634-1 9. General Conditions (pages 00700-1 to 00700-38, inclusive); 10. Supplementary Conditions (pages 00800-1 to 00800-11, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (001), and sheets numbered 1 through 17, inclusive, with each sheet bearing the following general title: South County Regional Park Improvements; and sheets numbered 1 through 5, inclusive, with each sheet bearing the following general title: LW -G2028-03 Intergenerational Recreation Center 13. Addenda 1 and 2; 14. Appendices to this Agreement (enumerated as follows): Appendix A — Permits Appendix B — Indian River County Fertilizer Ordinances Appendix C — Soils Investigation 15. CONTRACTOR'S BID (pages 00310-1 to 00310-6, inclusive); 16. Bid Bond (page 00430-1); 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 266 18. Sworn Statement Under the Florida Trench Safety Act (pages 00454-1 to 00454-2, inclusive); 19. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 20. List of Subcontractors (page 00458-1); 21. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 22. Anti -Human Trafficking Affidavit (page 00462-1) 23. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments; b) Work Change Directives; c) Change Order(s); ARTICLE 10 - MISCELLANEOUS 10.01 Terms A. Terms used in this Agreement will have the meanings indicated in the General Conditions. 10.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 10.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Venue 267 A. This Contract shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other party or otherwise arising out of this Contract shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 10.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The CONTRACTOR shall comply with Florida's Public Records Law. Specifically, the CONTRACTOR shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the CONTRACTOR or keep and maintain public records required by the County to perform the service. If the CONTRACTOR transfers all public records to the County upon completion of the contract, the CONTRACTOR shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the CONTRACTOR keeps and maintains public records upon completion of the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 publicrecords(a-)-indianriver.gov Indian River County Office of the County Attorney 1801 27th Street Vero Beach, FL 32960 C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. 268 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on November 5, 2024. OWNER: INDIAN RIVER COUNTY CONTRACTOR: By: By: Susan Adams, Chairman (Contractor) By: (CORPORATE SEAL) John A. Titkanich, Jr., County Administrator Attest APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Jennifer W. Shuler, County Attorney Address for giving notices: Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Elizabeth Powell, CPRP Parks, Recreation, & Conservation Department Director 1590 9th Street SW Vero Beach, Florida 32962 (772) 226-1780 License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: Facsimile: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 269 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Michael Hill; Planner, Current Development DATE: October 23, 2024 SUBJECT: D.R. Horton's Request for Final Plat Approval for Orchid Reserve Villas [SD - 22 -05-02 / 2004050460-96125] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting on November 5, 2024. DESCRIPTION & CONDITIONS: The Orchid Reserve Villas final plat consists of 100 lots on 27.17 acres, resulting in a density of 5.98 units per acre. The site is located north of County Road 510, east of US Highway 1 (see attachment 1). The subject site is zoned RM -6, Residential Multiple -Family (up to 6 units/acre), OCR, Office, Commercial, Residential, CON -2, Estuarine Wetlands Conservation District, and has L-2, Low - Density Residential -2 (up to 6 units/acre), C/I, Commercial/Industrial, and C-2, Conservation -2 land use designations. On December 18, 2007, the Board of County Commissioners granted final plat approval for a plat - over -site plan project to establish 100 lots for individual townhome units within the RM -6 zoned portion of the site. Construction of the site improvements began in 2007 but ceased shortly after due to the great recession of the late 2000s. On December 8, 2022, the Planning and Zoning Commission approved a new plat -over site plan project that consisted of 100 townhome lots, two private road rights-of-way (Orchid Reserve Lane and Orchid Reserve Circle), county utilities easements, county limited access easements, and several other private easements. Land clearing, lake excavation, and mass grading were previously conducted on the site. However, no homes or other infrastructure were built on any of the subject lots. On December 5, 2023, the Board of County Commissioners granted a plat vacation to the Orchid Reserve Subdivision Final Plat, which vacated the final plat that the commission approved on December 18, 2007. This plat vacation was due to a slight shift in lot line configurations to accommodate a new lot line layout, needed easements, and utilities lines. The Indian River County Engineering Division issued the Land Development Permit on May 8, 2023, and the applicant began construction activities shortly afterward. As of this time, the developer has constructed 83% of the required project improvements. The applicant has coordinated with staff to provide the following: Page 1 of 2 CAGranicus\Legistar5\L5\Temp\30712f4-00af4f22-824-21 d36dd659a4.docx 270 1. A final plat in conformance with the approved preliminary plat (see attachment 2); 2. An approved Engineer's Certified Cost Estimate for the remaining required improvements; and 3. An executed Contract for Construction of the remaining required improvements, with a Cash Deposit and Escrow Agreement for 125% of the cost of construction for the remaining required improvements. The Board of County Commissioners (BCC) is now to consider granting final plat approval for The Orchid Reserve Villas Final Plat. ANALYSIS: Most, but not all, of the required project improvements have been completed. As provided under the County Land Development Regulations applicable to this final plat application, the applicant will provide a cash deposit and escrow agreement for the remaining 17% of required project improvements (drainage, landscaping, roadways, utilities). Public Works, Utility Services, and Planning have reviewed and approved the submitted Engineer's Certified Cost Estimate for the remaining project improvements. The County Attorney's Office has reviewed and approved the submitted Contract for Construction of Required Improvements. The County Attorney's Office has received a cash deposit and escrow agreement for $870,608.76 to guarantee construction of the remaining required improvements. All improvements within Orchid Reserve Villas will be private, except for certain utility facilities. Those utility facilities will be dedicated and guaranteed to Indian River County, as required through the final plat and certificate of completion process. RECOMMENDATION: Staff recommends that the Board of County Commissioners grant final plat approval for Orchid Reserve Villas. ATTACHMENTS: 1. Location Map 2. 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' ,' , .',', , f' �, ' MUM ' ' ' U f ��QQ55 i • • , f m� <�o . f I UNY • . ''''' f. f I '' • ',' ''' • • • ••, '♦'• OW z � f' • s'f I ' • • • , s , 1 , s + •' ' s s s f 133+• • .'•' cga ari+�z (. .' i i ... ,•,.. lwC. , m5 yak g\\ '• e \+' ZZ 1\ 8� b ♦ + f; , .,.\ s oozy i,. :��:';';• cc z �iIVW>a �' •i, ..''''' i ♦ •,•rrOQ CL s� VE cARc. 00 cRR 1 c lO RpRNP� % ., OR 1 iWm (S 133HS 33S) 3NIlHDlb'W W <ii4s�♦; d.Jy�a .1 v� JJJzzzooypyuSii66S I� ib S d g Of awl 1111h 0 �tYS3oo���' WScaa�'s� a a m - : Ng 2, LLN 4�n ■ 0 0 0 N r.. C N U f6 L 278 ILM INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Mark Vietze, MPO Planner DATE: October 23, 2024 SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Section 5311 Grant It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at its regular meeting of November 5, 2024. DESCRIPTION & CONDITIONS Each year, Indian River County receives transit operating assistance under 49 USC Ch. 53, Section 5311 (also known as the Formula Grants for Rural Areas program) through the Florida Department of Transportation (FDOT). These grant funds have been passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. According to federal regulations, Formula Grants for Rural Areas funds may be used to provide transit service to rural or small urban areas. Such transit service includes fixed route service (GoLine) and demand -response service (Community Coach). ANALYSIS In August, the Board authorized staff to apply for FY 2024/25 Section 5311 funds. In October, FDOT allocated $99,665 in FY 2024/25 Section 5311 funds. The Section 5311 grant has a 50% nonfederal match requirement for operating assistance. Matching funds will consist of $49,832.50 from the state Public Transportation Block Grant and $49,832.50 from the County's normal transit allocation. No additional local funds are necessary. While Section 5311 funds are federal grant funds, FDOT administers the Section 5311 program within the state of Florida. In order to receive these funds, the BCC must enter into a Public Transportation Grant Agreement (PTGA) with FDOT, a copy of which is attached to this staff report (Attachment 2). The County receives most of its transit funding through the federal Section 5307 (Urban Area) grant program. Because a portion of Indian River County is designated as rural, the County is also C:\Granicus\Legistar5\L5\Temp\6f57bd29-7a9a-4899-baac-3d 1820734390.docx 1 279 eligible to receive transit funding through the Section 5311 (Rural Area) grant program. The attached resolution (Attachment 1) authorizes the Chairman of the Board of County Commissioners to execute the PTGA for Formula Grants for Rural Areas funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, County staff will transmit the PTGA to FDOT. Once the PTGA has been executed by FDOT, the funds will be transmitted to the County and passed along to the Senior Resource Association (SRA), the County's public transportation provider, so that the SRA can continue providing fixed route and demand -response transit service to rural areas of the county. The provision of such service is consistent with the findings of the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation Plan. FUNDING Funding in the amount of $49,832.50 is budgeted and available for FY 24/25 in the General Fund/ Community Transportation Coordinator/SRA, Acct# 00111041-088230-54001. Funding for this expenditure is part of the allocation given to the Senior Resource Association to provide transit service in the county. Account Description Account Number Amount General Fund/ Community Transportation Coordinator/SRA 00111041-088230-54001 $49,832.50 RECOMMENDATION Staff recommends that the Board of County Commissioners approve the Public Transportation Grant Agreement and adopt the resolution authorizing the Chairman to sign the agreement. ATTACHMENTS 1. Authorizing Resolution for the Execution of a Public Transportation Grant Agreement 2. FDOT Public Transportation Grant Agreement 3. Grant Budget Form C:\Granicus\Legistar5\L5\Temp\6f57bd29-7a9a-4899-baac-3d1820734390.docx Q L 2x00 RESOLUTION NO. 2024 - A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AUTHORIZING THE EXECUTION OF A PUBLIC TRANSPORTATION GRANT AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Indian River County, as the designated recipient of federal and state public transportation funding, must be the recipient of those funds on behalf of the Senior Resource Association; and WHEREAS, Indian River County is eligible to receive Formula Grants for Rural Areas funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5311; and WHEREAS, the Florida Department of Transportation provides Formula Grants for Rural Areas funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: 1. That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain $99,665 in FY 2024/25 Formula Grants for Rural Areas (Section 5311) funds for operating assistance as part of the County's ongoing public transportation service. 2. That the Planning and Development Services Director is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's Rural Area Formula Grant. THIS RESOLUTION was moved for adoption by , and the motion was seconded by , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss Page 1 of 2 RESOLUTION NO. 2024 - The Chairman thereupon declared the Resolution duly passed and adopted this 5t" day of November 2024. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved as to form and legal sufficiency: Jennifer. W Shuler, County Attorney INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS By Susan Adams, Chairman Page 2 of 2 Financial Project Number(s): (item -segment -phase -sequence) 407182-4-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Fund(s): Work Activity Code/Function: 215 Form 725-000-01 STRATEGIC DEVELOPMENT OGC 08124 DU,LF FLAIR Category: 088774 Federal Award 1001 - Identification Number (FAIN) — Transit only: 2024-1 Federal Award Date: 10/8/2024 20.509 Agency UEI Number: Formula Grants for Rural Areas N/A Object Code: 780000 Org. Code: 55301000943 Vendor Number: F596000674022 FB3SLJJZ38K9 THIS PUBLIC TRANSPORTATION GRANT AGREEMENT ("Agreement") is entered into , by and between the State of Florida, Department of Transportation, ("Department"), and Indian River County BOCC, ("Agency"). The Department and the Agency are sometimes referred to in this Agreement as a "Party" and collectively as the "Parties." NOW, THEREFORE, in consideration of the mutual benefits to be derived from joint participation on the Project, the Parties agree to the following: 1. Authority. The Agency, by Resolution or other form of official authorization, a copy of which is attached as Exhibit "D", Agency Resolution and made a part of this Agreement, has authorized its officers to execute this Agreement on its behalf. The Department has the authority pursuant to Section(s) 341.051, Florida Statutes, to enter into this Agreement. 2. Purpose of Agreement. The purpose of this Agreement is to provide for the Department's participation in Operating Assistance to continue fixed route services to Fellsmere. FL via Goline Route 10., as further described in Exhibit "A", Project Description and Responsibilities, attached and incorporated into this Agreement ("Project"), to provide Department financial assistance to the Agency, state the terms and conditions upon which Department funds will be provided, and to set forth the manner in which the Project will be undertaken and completed. 3. Program Area. For identification purposes only, this Agreement is implemented as part of the Department program area selected below (select all programs that apply): _ Aviation _ Seaports X Transit _ Intermodal Rail Crossing Closure Match to Direct Federal Funding (Aviation or Transit) (Note: Section 15 and Exhibit G do not apply to federally matched funding) Other 4. Exhibits. The following Exhibits are attached and incorporated into this Agreement: X Exhibit A: Project Description and Responsibilities X Exhibit B: Schedule of Financial Assistance _ *Exhibit B1: Deferred Reimbursement Financial Provisions *Exhibit B2: Advance Payment Financial Provisions *Exhibit 133: Alternative Advanced Pay (Transit Bus Program) _ *Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X Exhibit E1: Prohibition Based on Health Care Choices 283 Page 1 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 08/24 X Exhibit E2: Exterior Vehicle Wrap, Tinting, Paint, Marketing and Advertising (Transit) X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance X *Exhibit H: Audit Requirements for Awards of Federal Financial Assistance *Exhibit I: Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor *Additional Exhibit(s): *Indicates that the Exhibit is only attached and incorporated if applicable box is selected. 5. Time. Unless specified otherwise, all references to "days" within this Agreement refer to calendar days. 6. Term of Agreement. This Agreement shall commence upon full execution by both Parties ("Effective Date") and continue through November 30, 2025. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. 284 Page 2 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 08124 e. The Department reserves the right to unilaterally cancel this Agreement for failure by the Agency to comply with the Public Records provisions of Chapter 119, Florida Statutes. 9. Project Cost: a. The estimated total cost of the Project is $199,330. This amount is based upon Exhibit "B", Schedule of Financial Assistance. The timeline for deliverables and distribution of estimated amounts between deliverables within a grant phase, as outlined in Exhibit "B", Schedule of Financial Assistance, may be modified by mutual written agreement of the Parties and does not require execution of an Amendment to the Public Transportation Grant Agreement. The timeline for deliverables and distribution of estimated amounts between grant phases requires an amendment executed by both Parties in the same form as this Agreement. b. The Department agrees to participate in the Project cost up to the maximum amount of $99,665 and, the Department's participation in the Project shall not exceed 50.00% of the total eligible cost of the Project and as more fully described in Exhibit "B", Schedule of Financial Assistance. The Agency agrees to bear all expenses in excess of the amount of the Department's participation and any cost overruns or deficits involved. 10. Compensation and Payment: a. Eligible Cost. The Department shall reimburse the Agency for allowable costs incurred as described in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance. b. Deliverables. The Agency shall provide quantifiable, measurable, and verifiable units of deliverables. Each deliverable must specify the required minimum level of service to be performed and the criteria for evaluating successful completion. The Project and the quantifiable, measurable, and verifiable units of deliverables are described more fully in Exhibit "A", Project Description and Responsibilities. Modifications to the deliverables in Exhibit "A", Project Description and Responsibilities requires a formal written amendment. c. Invoicing. Invoices shall be submitted no more often than monthly by the Agency in detail sufficient for a proper pre -audit and post -audit, based on the quantifiable, measurable, and verifiable deliverables as established in Exhibit "A", Project Description and Responsibilities. Deliverables and costs incurred must be received and approved by the Department prior to reimbursement. Requests for reimbursement by the Agency shall include an invoice, progress report, and supporting documentation for the deliverables being billed that are acceptable to the Department. The Agency shall use the format for the invoice and progress report that is approved by the Department. d. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses X Travel expenses are NOT eligible for reimbursement under this Agreement. 285 Page 3 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 08/24 Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's Contractor Travel Form No. 300-000-06 and will be paid in accordance with Section 112.061, Florida Statutes, and the most current version of the Department's Disbursement Handbook for Employees and Managers. Financial Consequences. Payment shall be made only after receipt and approval of deliverables and costs incurred unless advance payments are authorized by the Chief Financial Officer of the State of Florida under Chapters 215 and 216, Florida Statutes, or the Department's Comptroller under Section 334.044(29), Florida Statutes. If the Department determines that the performance of the Agency is unsatisfactory, the Department shall notify the Agency of the deficiency to be corrected, which correction shall be made within a time- frame to be specified by the Department. The Agency shall, within thirty (30) days after notice from the Department, provide the Department with a corrective action plan describing how the Agency will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non- compliance. If the corrective action plan is unacceptable to the Department, the Agency will not be reimbursed. If the deficiency is subsequently resolved, the Agency may bill the Department for the amount that was previously not reimbursed during the next billing period. If the Agency is unable to resolve the deficiency, the funds shall be forfeited at the end of the Agreement's term. g. Invoice Processing. An Agency receiving financial assistance from the Department should be aware of the following time frames. Inspection or verification and approval of deliverables shall take no longer than 20 days from the Department's receipt of the invoice. The Department has 20 days to deliver a request for payment (voucher) to the Department of Financial Services. The 20 days are measured from the latter of the date the invoice is received or the deliverables are received, inspected or verified, and approved. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 55.03(1), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Agency. Interest penalties of less than one (1) dollar will not be enforced unless the Agency requests payment. Invoices that have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for Agency who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 413-5516. h. Records Retention. The Agency shall maintain an accounting system or separate accounts to ensure funds and projects are tracked separately. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five years after final payment is made. Copies of these records shall be furnished to the Department upon request. Records of costs incurred include the Agency's general accounting records and the Project records, together with supporting documents and records, of the Contractor and all subcontractors performing work on the Project, and all other records of the Contractor and subcontractors considered necessary by the Department for a proper audit of costs. i. Progress Reports. Upon request, the Agency agrees to provide progress reports to the Department in the standard format used by the Department and at intervals established by the Department. The Department will be entitled at all times to be advised, at its request, as to the status of the Project and of details thereof. 286 Page 4 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 08/24 j. Submission of Other Documents. The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the Project as the Department may require as listed in Exhibit "E", Program Specific Terms and Conditions attached to and incorporated into this Agreement. k. Offsets for Claims. If, after Project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement that it has with the Agency owing such amount if, upon written demand, payment of the amount is not made within 60 days to the Department. Offsetting any amount pursuant to this paragraph shall not be considered a breach of contract by the Department. I. Final Invoice. The Agency must submit the final invoice on the Project to the Department within 120 days after the completion of the Project. Invoices submitted after the 120 -day time period may not be paid. m. Department's Performance and Payment Contingent Upon Annual Appropriation by the Legislature. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this Project is in multiple fiscal years, a notice of availability of funds from the Department's project manager must be received prior to costs being incurred by the Agency. See Exhibit "B", Schedule of Financial Assistance for funding levels by fiscal year. Project costs utilizing any fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. Limits on Contracts Exceeding $25,000 and Term more than 1 Year. In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period of more than 1 year." o. Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred 287 Page 5 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Farm 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGc 08124 after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project Description and Responsibilities, and as set forth in Exhibit "B", Schedule of Financial Assistance, costs agreed to be borne by the Agency or its contractors and subcontractors for not meeting the Project commencement and final invoice time lines, and costs attributable to goods or services received under a contract or other arrangement that has not been approved in writing by the Department. Specific unallowable costs may be listed in Exhibit "A", Project Description and Responsibilities. 11. General Requirements. The Agency shall complete the Project with all practical dispatch in a sound, economical, and efficient manner, and in accordance with the provisions in this Agreement and all applicable laws. a. Necessary Permits Certification. The Agency shall certify to the Department that the Agency's design consultant and/or construction contractor has secured the necessary permits. b. Right -of -Way Certification. If the Project involves construction, then the Agency shall provide to the Department certification and a copy of appropriate documentation substantiating that all required right-of-way necessary for the Project has been obtained. Certification is required prior to authorization for advertisement for or solicitation of bids for construction of the Project, even if no right-of-way is required. c. Notification Requirements When Performing Construction on Department's Right -of - Way. In the event the cost of the Project is greater than $250,000.00, and the Project involves construction on the Department's right-of-way, the Agency shall provide the Department with written notification of either its intent to: Require the construction work of the Project that is on the Department's right-of-way to be performed by a Department prequalified contractor, or ii. Construct the Project utilizing existing Agency employees, if the Agency can complete said Project within the time frame set forth in this Agreement. d. _ If this box is checked, then the Agency is permitted to utilize its own forces and the following provision applies: Use of Agency Workforce. In the event the Agency proceeds with any phase of the Project utilizing its own forces, the Agency will only be reimbursed for direct costs (this excludes general overhead). e. _ If this box is checked, then the Agency is permitted to utilize Indirect Costs: Reimbursement for Indirect Program Expenses (select one): i. _Agency has selected to seek reimbursement from the Department for actual indirect expenses (no rate). ii. _Agency has selected to apply a de minimus rate of 10% to modified total direct costs. Note: The de minimus rate is available only to entities that have never had a negotiated indirect cost rate. When selected, the de minimus rate must be used consistently for all federal awards until such time the agency chooses to negotiate a rate. A cost policy statement and de minimis certification form must be submitted to the Department for review and approval. iii. _ Agency has selected to apply a state or federally approved indirect cost rate. A federally approved rate agreement or indirect cost allocation plan (ICAP) must be submitted annually. f. Agency Compliance with Laws, Rules, and Regulations, Guidelines, and Standards. The Agency shall comply and require its contractors and subcontractors to comply with all terms 288 Page 6 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 08/24 and conditions of this Agreement and all federal, state, and local laws and regulations applicable to this Project. g. Claims and Requests for Additional Work. The Agency shall have the sole responsibility for resolving claims and requests for additional work for the Project. The Agency will make best efforts to obtain the Department's input in its decisions. The Department is not obligated to reimburse for claims or requests for additional work. 12. Contracts of the Agency: a. Approval of Third Party Contracts. The Department specifically reserves the right to review and approve any and all third party contracts with respect to the Project before the Agency executes or obligates itself in any manner requiring the disbursement of Department funds, including consultant and purchase of commodities contracts, or amendments thereto. If the Department chooses to review and approve third party contracts for this Project and the Agency fails to obtain such approval, that shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. If Federal Transit Administration (FTA) funds are used in the Project, the Department must exercise the right to third party contract review. b. Procurement of Commodities or Contractual Services. It is understood and agreed by the Parties hereto that participation by the Department in a project with the Agency, where said project involves the purchase of commodities or contractual services where purchases or costs exceed the Threshold Amount for CATEGORY TWO per Section 287.017, Florida Statutes, is contingent on the Agency complying in full with the provisions of Section 287.057, Florida Statutes. The Agency's Authorized Official shall certify to the Department that the Agency's purchase of commodities or contractual services has been accomplished in compliance with Section 287.057, Florida Statutes. It shall be the sole responsibility of the Agency to ensure that any obligations made in accordance with this Section comply with the current threshold limits. Contracts, purchase orders, task orders, construction change orders, or any other agreement that would result in exceeding the current budget contained in Exhibit "B", Schedule of Financial Assistance, or that is not consistent with the Project description and scope of services contained in Exhibit "A", Project Description and Responsibilities must be approved by the Department prior to Agency execution. Failure to obtain such approval, and subsequent execution of an amendment to the Agreement if required, shall be sufficient cause for nonpayment by the Department, in accordance with this Agreement. c. Consultants' Competitive Negotiation Act. It is understood and agreed by the Parties to this Agreement that participation by the Department in a project with the Agency, where said project involves a consultant contract for professional services, is contingent on the Agency's full compliance with provisions of Section 287.055, Florida Statutes, Consultants' Competitive Negotiation Act. In all cases, the Agency's Authorized Official shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. d. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the Department that DBEs, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The Agency and its contractors agree to ensure that DBEs have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBEs have the opportunity to compete for and perform contracts. The Agency and its contractors 289 Page 7 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 08/24 and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 13. Maintenance Obligations. In the event the Project includes construction or the acquisition of commodities then the following provisions are incorporated into this Agreement: a. The Agency agrees to accept all future maintenance and other attendant costs occurring after completion of the Project for all improvements constructed or commodities acquired as part of the Project. The terms of this provision shall survive the termination of this Agreement. 14. Sale, Transfer, or Disposal of Department -funded Property: a. The Agency will not sell or otherwise transfer or dispose of any part of its title or other interests in real property, facilities, or equipment funded in any part by the Department under this Agreement without prior written approval by the Department. b. If a sale, transfer, or disposal by the Agency of all or a portion of Department -funded real property, facilities, or equipment is approved by the Department, the following provisions will apply: The Agency shall reimburse the Department a proportional amount of the proceeds of the sale of any Department -funded property. The proportional amount shall be determined on the basis of the ratio of the Department funding of the development or acquisition of the property multiplied against the sale amount, and shall be remitted to the Department within ninety (90) days of closing of sale. Sale of property developed or acquired with Department funds shall be at market value as determined by appraisal or public bidding process, and the contract and process for sale must be approved in advance by the Department. iv. If any portion of the proceeds from the sale to the Agency are non-cash considerations, reimbursement to the Department shall include a proportional amount based on the value of the non-cash considerations. c. The terms of provisions "a" and "b" above shall survive the termination of this Agreement. L The terms shall remain in full force -and effect throughout the useful life of facilities developed, equipment acquired, or Project items installed within a facility, but shall not exceed twenty (20) years from the effective date of this Agreement. ii. There shall be no limit on the duration of the terms with respect to real property acquired with Department funds. 15. Single Audit. The administration of Federal or State resources awarded through the Department to the Agency by this Agreement may be subject to audits and/or monitoring by the Department. The following requirements do not limit the authority of the Department to conduct or arrange for the conduct of additional audits or evaluations of Federal awards or State financial assistance or limit the authority of any state agency inspector general, the State of Florida Auditor General, or any other state official. The Agency shall comply with all audit and audit reporting requirements as specified below. Federal Funded: a. In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, monitoring procedures may include but not be limited to on-site visits by 290 Page 8 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGC08124 Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to Federal awards provided through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, State of Florida Chief Financial Officer (CFO), or State of Florida Auditor General. b. The Agency, a non -Federal entity as defined by 2 CFR Part 200, Subpart F - Audit Requirements, as a subrecipient of a Federal award awarded by the Department through this Agreement, is subject to the following requirements: In the event the Agency expends a total amount of Federal awards equal to or in excess of the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, the Agency must have a Federal single or program -specific audit conducted for such fiscal year in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements. Exhibit "H", Audit Requirements for Awards of Federal Financial Assistance, to this Agreement provides the required Federal award identification information needed by the Agency to further comply with the requirements of 2 CFR Part 200, Subpart F - Audit Requirements. In determining Federal awards expended in a fiscal year, the Agency must consider all sources of Federal awards based on when the activity related to the Federal award occurs, including the Federal award provided through the Department by this Agreement. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by 2 CFR Part 200, Subpart F - Audit Requirements. An audit conducted by the State of Florida Auditor General in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, will meet the requirements of this part. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F - Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(i)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F - Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F - Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F - Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F -Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(a)dot.state.fl.us within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period as required by 2 CFR Part 200, Subpart F.- Audit Requirements, 291 Page 9 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 08124 v. Within six months of acceptance of the audit report by the FAC, the Department will review the Agency's audit reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate action on all deficiencies has been taken pertaining to the Federal award provided through the Department by this Agreement. If the Agency fails to have an audit conducted in accordance with 2 CFR Part 200, Subpart F — Audit Requirements, the Department may impose additional conditions to remedy noncompliance. If the Department determines that noncompliance cannot be remedied by imposing additional conditions, the Department may take appropriate actions to enforce compliance, which actions may include but not be limited to the following: 1. Temporarily withhold cash payments pending correction of the deficiency by the Agency or more severe enforcement action by the Department; 2. Disallow (deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance; 3. Wholly or partly suspend or terminate the Federal award; 4. Initiate suspension or debarment proceedings as authorized under 2 C.F.R. Part 180 and Federal awarding agency regulations (or in the case of the Department, recommend such a proceeding be initiated by the Federal awarding agency); 5. Withhold further Federal awards for the Project or program; 6. Take other remedies that may be legally available. vi. As a condition of receiving this Federal award, the Agency shall permit the Department or its designee, the CFO, or State of Florida Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. vii. The Department's contact information for requirements under this part is as follows: Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0450 FDOTSingleAudit(a)dot.state.fl. us State Funded: a. In addition to reviews of audits conducted in accordance with Section 215.97, Florida Statutes, monitoring procedures to monitor the Agency's use of state financial assistance may include but not be limited to on-site visits by Department staff and/or other procedures, including reviewing any required performance and financial reports, following up, ensuring corrective action, and issuing management decisions on weaknesses found through audits when those findings pertain to state financial assistance awarded through the Department by this Agreement. By entering into this Agreement, the Agency agrees to comply and cooperate fully with any monitoring procedures/processes deemed appropriate by the Department. The Agency further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Department, the Department of Financial Services (DFS), or State of Florida Auditor General. b. The Agency, a "nonstate entity" as defined by Section 215.97, Florida Statutes, as a recipient of state financial assistance awarded by the Department through this Agreement, is subject to the following requirements: 292 Page 10 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 08124 In the event the Agency meets the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency must have a State single or project - specific audit conducted for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. Exhibit "G", Audit Requirements for Awards of State Financial Assistance, to this Agreement indicates state financial assistance awarded through the Department by this Agreement needed by the Agency to further comply with the requirements of Section 215.97, Florida Statutes. In determining the state financial assistance expended in a fiscal year, the Agency shall consider all sources of state financial assistance, including state financial assistance received from the Department by this Agreement, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. ii. In connection with the audit requirements, the Agency shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(e), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. iii. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, the Agency is exempt for such fiscal year from the state single audit requirements of Section 215.97, Florida Statutes. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency does not meet the audit threshold requirements established by Section 215.97, Florida Statutes, in a fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the Agency's resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than State entities). iv. In accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, copies of financial reporting packages required by this Agreement shall be submitted to: Florida Department of Transportation Office of Comptroller, MS 24 605 Suwannee Street Tallahassee, Florida 32399-0405 FDOTSingleAud itna.dot.state.fl. us And State of Florida Auditor General Local Government Audits/342 111 West Madison Street, Room 401 Tallahassee, FL 32399-1450 Email: flaudgen localgovt(@aud.state.fl.us V. Any copies of financial reporting packages, reports, or other information required to be submitted to the Department shall be submitted timely in accordance with Section 215.97, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as 293 Page 11 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725.000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 08/24 applicable. vi. The Agency, when submitting financial reporting packages to the Department for audits done in accordance with Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date the reporting package was delivered to the Agency in correspondence accompanying the reporting package. vii. Upon receipt, and within six months, the Department will review the Agency's financial reporting package, including corrective action plans and management letters, to the extent necessary to determine whether timely and appropriate corrective action on all deficiencies has been taken pertaining to the state financial assistance provided through the Department by this Agreement. If the Agency fails to have an audit conducted consistent with Section 215.97, Florida Statutes, the Department may take appropriate corrective action to enforce compliance. viii. As a condition of receiving state financial assistance, the Agency shall permit the Department or its designee, DFS, or the Auditor General access to the Agency's records, including financial statements, the independent auditor's working papers, and project records as necessary. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is complete or the dispute is resolved. c. The Agency shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued and shall allow the Department or its designee, DFS, or State of Florida Auditor General access to such records upon request. The Agency shall ensure that the audit working papers are made available to the Department or its designee, DFS, or State of Florida Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. 16. Notices and Approvals. Notices and approvals referenced in this Agreement must be obtained in writing from the Parties' respective Administrators or their designees. 17. Restrictions, Prohibitions, Controls and Labor Provisions: a. Convicted Vendor List. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. b. Discriminatory Vendor List. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 294 Page 12 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-D00-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 08124 c. Non -Responsible Contractors. An entity or affiliate who has had its Certificate of Qualification suspended, revoked, denied, or have further been determined by the Department to be a non -responsible contractor, may not submit a bid or perform work for the construction or repair of a public building or public work on a contract with the Agency. d. Prohibition on Using Funds for Lobbying. No funds received pursuant to this Agreement may be expended for lobbying the Florida Legislature, judicial branch, or any state agency, in accordance with Section 216.347, Florida Statutes. e. Unauthorized Aliens. The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If the contractor knowingly employs unauthorized aliens, such violation will be cause for unilateral cancellation of this Agreement. f. Procurement of Construction Services. If the Project is procured pursuant to Chapter 255, Florida Statutes, for construction services and at the time of the competitive solicitation for the Project, 50 percent or more of the cost of the Project is to be paid from state -appropriated funds, then the Agency must comply with the requirements of Section 255.0991, Florida Statutes. g. E -Verify. The Agency shall: L Utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Agency during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E - Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Projects with Non-profit Organizations. Pursuant to Section 216.1366. Florida Statutes, if the Agency is a nonprofit organization as defined in Section 215.97(2)(m), Florida Statutes, the Agency shall provide documentation to indicate the amount of state funds: i. Allocated to be used during the full term of this Agreement for remuneration to any member of the board of directors or an officer of the Agency ii. Allocated under each payment by the Department to be used for remuneration of any member of the board of directors or an officer of the Agency. The documentation must indicate the amounts and recipients of the remuneration. Such information will be posted by the Department to the Florida Accountability Contract Tracking System maintained pursuant to Section 215.985, F.S., and must additionally be posted to the Agency's website, if the Agency is a non-profit organization and maintains a website. The Agency shall utilize the Department's Form 350-090-19, Compensation to Non - Profits Using State Funds, for purposes of documenting the compensation. The subject Form is required for every contract for services executed, amended, or extended on or after July 1, 2023, with non-profit organizations. Pursuant to Section 216.1366, F.S., the term: iii. "Officer" means a chief executive officer, chief financial officer, chief operating officer, or any other position performing and equivalent function. iv. "Remuneration" means all compensation earned by or awarded to personnel, whether paid or accrued, regardless of contingency, including bonuses, accrued paid time off, 295 Page 13 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 08/24 severance payments, incentive payments, contributions to a retirement plan or in-kind payments, reimbursements, or allowances for moving expenses, vehicles and other transportation, telephone services, medical services, housing and meals. v. "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 Federal Government and distributed by the state, or funds appropriated by the state fo distribution through any grant program. The term does not include funds used for the Medicaid program. i. Design Services and Construction Engineering and Inspection Services. If the Project is wholly or partially funded by the Department and administered by a local governmental entity, except for a seaport listed in Section 311.09, Florida Statutes, or an airport as defined in Section 332.004, Florida Statutes, the entity performing design and construction engineering and inspection services may not be the same entity. 18. Indemnification and Insurance: a. It is specifically agreed between the Parties executing this Agreement that it is not intended by any of the provisions of any part of this Agreement to create in the public or any member thereof, a third party beneficiary under this Agreement, or to authorize anyone not a party to this Agreement to maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this Agreement. The Agency guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Agency or any subcontractor, in connection with this Agreement. Additionally, the Agency shall indemnify, defend, and hold harmless the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Agency and persons employed or utilized by the Agency in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Additionally, the Agency agrees to include the following indemnification in all contracts with contractors/subcontractors and consultants/subconsultants who perform work in connection with this Agreement: "To the fullest extent permitted by law, the Agency's contractor/consultant shall indemnify, defend, and hold harmless the Agency and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement." b. The Agency shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If subletting any of the work, ensure that the subcontractor(s) and subconsultant(s) have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), ensure that such employees are covered by Workers' Compensation Insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. 296 Page 14 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc0sn4 c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of the State of Florida that elects to self -perform the Project. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, the Department shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The Department shall be notified in writing within ten days of any cancellation, notice of cancellation, lapse, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights or defenses the Department may have. d. When the Agreement includes the construction of a railroad grade crossing, railroad overpass or underpass structure, or any other work or operations within the limits of the railroad right- of-way, including any encroachments thereon from work or operations in the vicinity of the railroad right-of-way, the Agency shall, or cause its contractor to, in addition to the insurance coverage required above, procure and maintain Railroad Protective Liability Coverage (ISO Form CG 00 35) where the railroad is the Named Insured and where the limits are not less than $2,000,000 combined single limit for bodily injury and/or property damage per occurrence, and with an annual aggregate limit of not less than $6,000,000. The railroad shall also be added along with the Department as an Additional Insured on the policy/ies procured pursuant to the paragraph above. Prior to the execution of the Agreement, and at all renewal periods which occur prior to final acceptance of the work, both the Department and the railroad shall be provided with an ACORD Certificate of Liability Insurance reflecting the coverage described herein. The insurance described herein shall be maintained through final acceptance of the work. Both the Department and the railroad shall be notified in writing within ten days of any cancellation, notice of cancellation, renewal, or proposed change to any policy or coverage described herein. The Department's approval or failure to disapprove any policy/ies, coverage, or ACORD Certificates shall not relieve or excuse any obligation to procure and maintain the insurance required herein, nor serve as a waiver of any rights the Department may have. e. When the Agreement involves work on or in the vicinity of utility -owned property or facilities, the utility shall be added along with the Department as an Additional Insured on the Commercial General Liability policy/ies procured above. 19. Miscellaneous: 297 Page 15 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGc 09/24 a. Environmental Regulations. The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non-compliance with these regulations, and will reimburse the Department for any loss incurred in connection therewith. b. Non -Admission of Liability. In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. c. Severability. If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance, the remainder would then continue to conform to the terms and requirements of applicable law. d. Agency not an agent of Department. The Agency and the Department agree that the Agency, its employees, contractors, subcontractors, consultants, and subconsultants are not agents of the Department as a result of this Agreement. e. Bonus or Commission. By execution of the Agreement, the Agency represents that it has not paid and, also agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. f. Non -Contravention of State Law. Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision or perform any act or do any other thing in contravention of any applicable state law. If any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing so that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the Project. g. Execution of Agreement. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute the same Agreement. A facsimile or electronic transmission of this Agreement with a signature on behalf of a party will be legal and binding on such party. h. Federal Award Identification Number (FAIN). If the FAIN is not available prior to execution of the Agreement, the Department may unilaterally add the FAIN to the Agreement without approval of the Agency and without an amendment to the Agreement. If this occurs, an updated Agreement that includes the FAIN will be provided to the Agency and uploaded to the Department of Financial Services' Florida Accountability Contract Tracking System (FACTS). i. Inspector General Cooperation. The Agency agrees to comply with Section 20.055(5), Florida Statutes, and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. j. Law, Forum, and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. The Agency agrees to waive forum and venue and that the Department shall determine the forum and venue in which any dispute under this Agreement is decided. IN WITNESS WHEREOF, the Parties have executed this Agreement on the day and year written above 298 Page 16 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 08/24 AGENCY Indian River County BOCC STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION By: By: Name: John P. Krane, P.E Name: Title: Director of Transportation Development Title: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION Legal Review: 299 Page 17 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc08/2a EXHIBIT A Project Description and Responsibilities A. Project Description (description of Agency's project to provide context, description of project components funded via this Agreement (if not the entire project)): Operating Assistance for the continuity of the fixed route service to Fellsmere, FL via GoLine Route 10. B. Project Location (limits, city, county, map): Indian River County BOCCNero Beach, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Transfer funding from the Federal Transit Administration's to Subrecipient for the activities listed in attached budget and in the approved Subrecipient grant application. Route 10 operates six days per week from 6:00 AM to 9:00 PM on weekdays and 7:00 AM to 7:00 PM on Saturday. The funds will allow Indian River County to continue providing fixed route service to the rural community of Fellsmere via GoLine Rout 10. D. Deliverable(s): Number of Trips provided. The project scope identifies the ultimate project deliverables. Deliverables for requisition, payment and invoice purposes will be the incremental progress made toward completion of project scope elements. Supporting documentation will be quantifiable, measurable, and verifiable, to allow for a determination of the amount of incremental progress that has been made, and provide evidence that the payment requested is commensurate with the accomplished incremental progress and costs incurred by the Agency. E. Unallowable Costs (including but not limited to): F. Transit Operating Grant Requirements (Transit Only): Transit Operating Grants billed as an operational subsidy will require an expenditure detail report from the Agency that matches the invoice period. The expenditure detail, along with the progress report, will be the required deliverables for Transit Operating Grants. Operating grants may be issued for a term not to exceed three years from execution. The original grant agreement will include funding for year one. Funding for years two and three will be added by amendment as long as the grantee has submitted all invoices on schedule and the project deliverables for the year have been met. 300 Page 18 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT EXHIBITS EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY Form 725-000-02 STRATEGIC DEVELOPMENT OGC 08124 FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial State FLAIR State Object CSFA/ $0 $0 Project Fund Category Fiscal Code CFDA CSFA/CFDA Title or Funding $0 Type $99,665 $199,330 Travel $0 Funding Source Description Amount Number Other Direct Costs $0 Year $0 Number Indirect Costs $0 407182-4-84-01 DU 088774 2025 780000 20.509 Formula Grants for Rural Areas $99,665.00 LF I 1 1 $99,665.00 Total Financial Assistance 1 $199,330.00 B. Operations Phase - Estimate of Project Costs by Budget Category: Budget Categories Operations (Transit Only) " State Local Federal Total Salaries $0 $0 $0 $0 Fringe Benefits $0 $0 $0 $0 Contractual Services $0 $99,665 $99,665 $199,330 Travel $0 $0 $0 $0 Other Direct Costs $0 $0 $0 $0 Indirect Costs $0 $0 $0 $0 Totals $0 $99,665 $99,665 $999,330 " Budget category amounts are estimates and can be shifted between items without amendment (because they are all within the Operations Phase). C. Cost Reimbursement The Agency will submit invoices for cost reimbursement on a: _ Monthly X Quarterly _ Other: basis upon the approval of the deliverables including the expenditure detail provided by the Agency. Scope Code and/or Activity 300901 Line Item (ALI) (Transit Only) BUDGET/COST ANALYSIS CERTIFICATION AS REQUIRED BY SECTION 216.3475, FLORIDA STATUTES: I certify that the cost for each line item budget category has been evaluated and determined to be allowable, reasonable, and necessary as required by Section 216.3475, Florida Statutes. Documentation is on file evidencing the methodology used and the conclusions reached. Marie Dorismond Department Grant Manager Name Signature Date .. ... Paige 19 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 08/24 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 302 Page 20 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 08/24 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (Section 5311: Formula Grants for Rural Areas) This exhibit forms an integral part of the Agreement between the Department and the Agency. The Agency, as the "subrecipient", shall comply with the following requirements: 1. Conformance with Enabling Legislation. This Agreement is in conformance with Section 5311 of the Federal Transit Act of 1991, as amended (49 U.S.C. 5311) and Section 341.051(1)(a), F.S. 2. Prevention Programs. The Section 5311 subrecipient shall establish and implement anti-drug and alcohol misuse prevention programs in accordance with the terms of 49 CFR 655, 49 U.S.C. 5331, and 49 CFR 40. 3. Adherence to Certifications and Assurances. The Section 5311 subrecipient shall ensure adherence with all federally required certifications and assurances made in its application to the Department for Section 5311 funds. 4. FTA Compliance. The Section 5311 subrecipient shall at all times comply with all applicable Federal Transit Administration ("FTA") regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between the Department and FTA, as they may be amended or promulgated from time to time during the term of this contract. Failure to comply shall constitute a material breach of this contract. 5. Charter Operation. The Section 5311 subrecipient agrees to comply with 49 U.S.C. 5323(d), (r) and 49 CFR 604, which provide that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. 6. Exclusive Operation. Pursuant to 69 U.S.C. 5323(f) and 49 CFR 605, the Section 5311 subrecipient of FTA assistance may not engage in school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, subrecipients may not use federally funded equipment, vehicles, or facilities. 7. Buy America. The Section 5311 subrecipient agrees to comply with Buy America requirements outlined in 49 U.S.C. 53230) and 49 CFR 661, if using the funds granted under this Agreement for rolling stock purchases. The recipient also agrees to comply with the pre -award and post delivery requirements outlined in 49 CFR 661.12. 8. Water Pollution Control. The Section 5311 subrecipient agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq., as amended, if the agreement exceeds $100,000. 9. Anti -Lobbying. The Section 5311 subrecipient agrees to comply with the requirements pursuant to Byrd Anti - Lobbying Amendment, 31 U.S.C. 1352(b)(5). 10. Bonding Requirements. If this Agreement is for a construction Project over $150,000 the recipient must adhere to FTA's bonding requirements as outlined in the Best Practices Procurement Manual. 11. Clean Air Act. The 5311 subrecipient agrees to comply with applicable standards, orders or regulations issued pursuant to the Clean Air Act, 42 U.S.C. 7401 et seq., as amended, if this Agreement exceeds 303 Page 21 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 08/24 $150,000. 12. Resource Conservation and Recovery Act (RCRA). The 5311 subrecipient agrees to comply with all the requirement of Section 6002 of the Resource Conservation and Recovery Act (RCRA), 49 U.S.C. 6962, as amended, including but not limited to the regulatory provisions of 40 CFR 247, and Executive Order 12873, as they apply to the procurement of the items designated in Subpart B of 40 CFR 247. 13. Davis -Bacon and Copeland Anti -kickback. The 5311 subrecipient agrees to comply with the Davis -Bacon and Copeland Anti -kickback Acts as codified at 40 U.S.C. 3141 et seq. and 18 U.S.C. 874 for any agreement exceeding $2,000. 14. Contract Work Hours and Safety Standards. For any contract over $2,000 the 5311 subrecipient agrees to comply with the Contract Work Hours and Safety Standards Act, codified at 40 U.S.C. 3701 et seq. 15. Transit Employee Protective Agreements. The 5311 subrecipient agrees to comply with the Transit Employee Protective Agreements as codified in 49 U.S.C. 5333 and 29 CFR 215. 16. Compliance with FTA Terms and Conditions. The 5311 subrecipient shall not perform any act, fail to perform any act, or refuse to comply with any Department requests which would cause the 5311 subrecipient to be in violation of the FTA terms and conditions. 17. Annual Safety Certification. In accordance with Section 341.061, F.S., and Rule 14-90, Florida Administrative Code, the Agency shall submit, and the Department shall have on file, an annual safety certification stating that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan, and has performed annual safety inspections of all buses operated. 18. Budget/cost analysis. The Agency will assist the Department by providing accurate information for the Department to create a budget/cost analysis in accordance with Section 216.3475, F.S. 19. Non -urbanized area. The Agency will provide the methodology for determining the non -urbanized area portion of their service prior to submitting the first invoice. The Agency will submit an updated methodology once per year. 20. Attorney certification. The Agency will submit an attorney certification prior to submitting the first invoice and once yearly thereafter for goods or services procured under this Agreement in accordance with Chapter 287, F.S. 21. Public Body Non -CTC Recipients. An Agency may receive 5311 funds when the Community Transportation Coordinator in the county is a private -for-profit entity. When the Agency accepts the 5311 funding, enters into a contract/PTGA with the Department, and the contracts with the Community Transportation Coordinator to provide rural general public transportation in the same service area in which the Community Transportation Coordinator is providing non -sponsored trips for the Commission for the Transportation Disadvantaged, then the non -sponsored human service transportation grant funds will be considered as eligible match for the 5311 funds. The Agency will be responsible for ensuring that the Community Transportation Coordinator meets all the requirements associated with the federal funds. The Agency will be responsible for ensuring that all dollars provided as match were for public transportation eligible trips. The Agency must keep financial records that substantiate the eligibility for the match being provided and make that documentation available to the Department on request. 22. Transit Vehicle Inventory Management. The Agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-025i), which outlines the requirements for continuing management control, inventory transfer and disposal actions. This procedure pertains ONLY to capital procurements of rolling stock using the FTA Section 5310, Section 5311, Section 5316, and Section 5317 programs as the funding source, or where the Department participates in 50% or more of the public transit vehicle's purchase price. 304 Page 22 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS Occoana This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Department programs. -- End of Exhibit E -- 305 Page 23 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc0ana Exhibit E1 PROGRAM SPECIFIC TERMS AND CONDITIONS (Prohibition on Discrimination Based on Health Care Choices) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 339.08, F.S. and Section 381.00316, F.S. Statutory Compliance. Pursuant to Section 339.08, F.S., the Department may not expend state funds to support a project or program of certain entities if the entity is found to be in violation of Section 381.00316, F.S. The Department shall withhold state funds until the entity is found to be in compliance with Section 381.00316, F.S. This shall apply to any of the following entities: hapter 349, F.S.; c. A 306 Page 24 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 08/24 Exhibit E2 PROGRAM SPECIFIC TERMS AND CONDITIONS - TRANSIT (Exterior Vehicle Wrap, Tinting, Paint, Marketing, and Advertising) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 341.051(8), F.S. and Section 316.2954, F.S. 2. Statutory Compliance. In accordance with Section 341.051(8), F.S., as a condition of receiving funds from the Department, a public transit provider may not expend Department funds for marketing or advertising activities, including any wrap, tinting, paint, or other medium displayed, attached, or affixed on a motor vehicle owned, leased, or operated by the public transit provider. Such vehicles on which department funds are expended are limited to exterior vehicle wrap, tinting, paint, marketing, and advertising displaying: a. a brand or logo of the public transit provider, b. the official seal of the jurisdictional governmental entity, or c. a state agency public service announcement. 3. Window Tinting Requirements. Any new wrap, tinting, paint, medium or advertisement on the passenger windows of a vehicle used by a public transit provider may not be darker than the legally allowed tinting requirements provided in Section 316.2954, F.S. - End of Exhibit E2 - 307 Page 25 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 08124 EXHIBIT F Contract Payment Requirements Florida Department of Financial Services, Reference Guide for State Expenditures Cost Reimbursement Contracts Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category (salary, travel, expenses, etc.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Documentation for each amount for which reimbursement is being claimed must indicate that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved agreement budget may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Listed below are types and examples of supporting documentation for cost reimbursement agreements: (1) Salaries: A payroll register or similar documentation should be submitted. The payroll register should show gross salary charges, fringe benefits, other deductions and net pay. If an individual for whom reimbursement is being claimed is paid by the hour, a document reflecting the hours worked times the rate of pay will be acceptable. (2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of the employee (e.g., insurance premiums paid). If the contract specifically states that fringe benefits will be based on a specified percentage rather than the actual cost of fringe benefits, then the calculation for the fringe benefits amount must be shown. Exception: Governmental entities are not required to provide check numbers or copies of checks for fringe benefits. (3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes, which includes submission of the claim on the approved State travel voucher or electronic means. (4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpendable property is purchased using State funds, the contract should include a provision for the transfer of the property to the State when services are terminated. Documentation must be provided to show compliance with Department of Management Services Rule 60A-1.017, Florida Administrative Code, regarding the requirements for contracts which include services and that provide for the contractor to purchase tangible personal property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the State. (5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be reimbursed on a usage log which shows the units times the rate being charged. The rates must be reasonable. (6) Indirect costs: If the contract specifies that indirect costs will be paid based on a specified rate, then the calculation should be shown. Contracts between state agencies, and/or contracts between universities may submit alternative documentation to substantiate the reimbursement request that may be in the form of FLAIR reports or other detailed reports. The Florida Department of Financial Services, online Reference Guide for State Expenditures can be found at this web address https://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. 308 Page 26 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ0ana EXHIBIT H AUDIT REQUIREMENTS FOR AWARDS OF FEDERAL FINANCIAL ASSISTANCE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: CFDA No.: 20.509 CFDA Title: Formula Grants for Rural Areas *Award Amount: $99,665 Awarding Agency: Florida Department of Transportation Indirect Cost Rate: **Award is for RBD: No "The federal award amount may change with amendments *"Research and Development as defined at 2 CFR §200.87 FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE SUBJECT TO THE FOLLOWING AUDIT REQUIREMENTS: 2 CFR Part 200 — Uniform Administrative Requirements, Cost Principles & Audit Requirements for Federal Awards www.ecfr.gov FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT MAY ALSO BE SUBJECT TO THE FOLLOWING: Title 23 — Highways, United States Code http://uscode.house.gov/browse.xhtml Title 49 — Transportation, United States Code http://uscode.house.gov/browse.xhtmI Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58, also known as the "Bipartisan Infrastructure Law") hftps://www.congress.gov/1 17/bilIs/hr3684/B I LLS-117hr3684enr. pdf Federal Highway Administration — Florida Division www.fhwa. dot. qov/fld iv Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) www.fsrs.gov 309 Page 27 of 28 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 08/24 EXHIBIT I CERTIFICATION OF DISBURSEMENT OF PAYMENT TO VEHICLE AND/OR EQUIPMENT VENDOR DATE: Agreement No (PTGA): FM#: 407182-4-84-01 PART I: Agency Acknowledgement Section Indian River County BOCC, as the "Agency" for the above referenced agreement, hereby certifies that 100% of the total payment for _has been submitted to _, on Agency's failure to certify or a falsification may impact future awards and may subject the person and/or entity making the false statement to any and all civil and criminal penalties available pursuant to applicable Federal and State Law. Agency Authorized Official Name: Agency Signature: PART II: Vendor Acknowledgement Section _, having interest in the above referenced agreement has received 100% of its payment(s) for all equipment furnished under this agreement on _from Indian River County BOCC . Vendor Authorized Official Name: Vendor Signature: Exhibit I — Certification of Disbursement of Payment to Vehicle and/or Equipment Vendor will be initiated by FDOT through Docusign at the time payment from FDOT has been made to the Agency. The DocuSign will be routed to the Agency and the Vendor. Each party will acknowledge the certification where applicable and must be completed within 20 business days from Agency's receipt of payment from FDOT. 310 Page 28 of 28 GRANT NAME: 49 USC Ch. 53, Section 5311 (Formula Grants for Rural Areas) GRANT #: NA AMOUNT OF GRANT: $99,665 DEPARTMENT RECEIVING GRANT: Community Development pass through to Senior Resource Association) CONTACT PERSON: Mark Vietze PHONE #: (772,) 226-1222 1. How long is the grant for? One Year Starting Date: October 1. 2024 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % 5. Grant match amount required: $ 99.665 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Match consists of $49.832.50 in County funds already budgeted for public transportation and $49,832.50 in FDOT grant funds 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs? (Attach a detailed listing of costs.) 8. Are you adding any additional positions utilizing the grant funds? Yes X No If yes, please list. (If additional space is needed, please attach a schedule.) Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages T 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over five years? $49,832.50 311 Grant Amount Other Matching Costs Match Total First Year $99,665.00 $ $49,832.50 in local funds & $49,832.50 in FDOT grants $199,330.00 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 311 yr • 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 Rob Skok, Infrastructure Project Manager FROM: Jill Williams, Contract Support Specialist SUBJECT: Release of Retainage and Change Order No. 2 Indian River County Tax Collector Floor Replacement (IRC -2411) DATE: October 14, 2024 DESCRIPTION AND CONDITIONS On August 20, 2024, the Board of County Commissioners awarded Bid No. 2024057 to Jim's Complete Construction, LLC in the amount of $78,016.53 forthe replacement and upgrading of the Tax Collector's vinyl flooring that included the temporary relocation of portable cubicle workstations, demolition of the existing floor, cleaning and leveling the concrete floor prior to installation and reinstallation of all workstations. Change Order No. 1 was approved by the Board on September 24, 2024, in the amount of $23,189.00 to increase the area of new flooring by an additional 1,144 SF. The new contract price was $101,205.53. Change Order No. 2 is to make final adjustments to contract bid items for a decrease to the total contract by $18,800.00 resulting in a final contract price of $82,405.53. Jim's Complete Construction, LLC has completed the project and,has been paid $78,285.25, with $4,120.28 held in retainage. Jim's Complete Construction, LLC has submitted Contractor's Application for Payment No. 2411-2 for release of retainage in the amount of $4,120.28. FUNDING Funding, in the amount of $4,120.28, will come from the General Fund/Retainage/Tax Collector Floor—Jim's Complete Construction LLC account, number 001-206000-24021. Account Description Account Number Amount General Fund/Retainage/Tax Collector Floor—Jim's Complete Construction 001-206000-24021 $4,120.28 312 Release of Retainage and Change Order No. 2 Indian River County Tax Collector Floor Replacement (IRC -2411) For November 5, 2024 RECOMMENDATION Staff recommends approval of Change Order No. 2 and payment of Contractor's Application Payment No. 2411-2 to Jim's Complete Construction, LLC in the amount of $4,120.28 for release of retainage. ATTACHMENTS ARE AVAILABLE FOR VIEWING IN ENGINEERING DIVISION 1. Contractor's Application for Payment No. 2411-2 2. Change Order No. 2 AGENDA ITEM FOR NOVEMBER 5. 2024 C:\Gr icus\Legistar5\L5\Temp\6cdbe 19a-6722-0026-9abb-t 1cdOt M44.doc 313 SECTION 00622 - Contractor's Application for Payment IRC -2411 Indian River County Tax Collector Floor Replacement Application for Payment No. 2411-2 For Work Accomplished through the period of 10/15/2024 FINAL . To: Indian River County (OWNER) From: Jim's Complete Construction LLC. (CONTRACTOR) Project No.: IRC -2411 Bid No.: 2024057 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $78,016.53 2. Net change by Change Orders and Written Amendments (+ or -): $23,189.00 3. Current Contract Price (1 plus 2): $101,205.53 4. Total completed and stored to date: $82,405.53 5. Retainage (per Agreement): 5% retainage: $0.00 6. Total completed and stored to date less retainage (4 minus 5): $82,405.53 7. Less previous Application for Payments: $78,285.25 8. DUE THIS APPLICATION (6 MINUS 7): $4,120.28 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; IRC -2411 COMPLETE PA2 00622-1 FAPublic Works\ENGINEERING DIVISION PROJECTS\2411 Tax Collector Floor Replacement\4-Construction\Contractor Pay Apps\Pay Apps\PA2\IRC-2411_ COMPLET��l�.doc Rev. 05/01 ! SECTION 00942 - Change Order Form DATE OF ISSUANCE: 11/5/2024 No. 2 EFFECTIVE DATE: 11/5/2024 OWNER: Indian River County CONTRACTOR Jim's Complete Construction, LLC Project: Indian River County Tax Collector Floor Replacement OWNER's Project No. IRC -2411 OWNER'S Bid No. 2024057 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 to finalize the contract. Attachments: Description of Itemized Changes CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $78,016.53 Net Increase (Decrease) from previous Change Orders No. 1: $23,189.00 Contract Price prior to this Change Order: $101,205.53 Net increase (decrease) of this Change Order: ($18,800.00) Contract Price with all approved Change Orders: $82,405.53 ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days) Final Completion: 30 Net change from previous Change Orders No. 1 (days) Final Completion: 0 Contract Time prior to this Change Order: (days) Final Completion: 30 Net increase (decrease) this Change Order: (days or dates) Final Completion: 0 Contract Time with all approved Change Orders: (days or dates) Final Completion: 30 RECOMMENDED: By: PROJECT MANAGER (Signature) Date: APPROVED: By: OWNER (Signature) Date: IRC -2411 -CO2 00942-1 F:\Public Works\ENGINEERING DIVISION PROJECTS\2411 Tax Collector Floor Replacement\1-Admi Agenda Items\Project Closeout\CO 2 Back up\IRC-2411_CO2.dp�$ey. 05/01 316 CHANGE ORDER NO. 2 317 F:tPubic WorkstENGINEERING DIVISION PROJECT&2411 Tax Collector Floor Replacemerd\'I-AdniWAgenda ItemstProject Closeout\CO2 Back upVRC-2411_CO2_EXCEL Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: October 22, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services From: Howard G. Richards, PE, Manager—Capital Projects Prepared by: Robert J. Tobar, EI, Associate Engineer Subject: Approval of Florida Department of Environmental Projection Grant Agreements LG010 for Hobart Landing and LG011 for Orchid Island Estates Septic -to -Sewer Projects, IRCDUS Project ID's 21.24.507 (Orchid Island Estates) and 21.24.508 (Hobart Landing) Descriptions and Conditions: The Indian River County Department of Utility Services (IRCDUS) is undertaking a multi-year septic -to - sewer (S2S) program to convert residential and commercial properties using onsite sewage treatment and disposal systems (OSTDS), commonly referred to as septic systems, to connect with the IRCDUS sewer network. In recent years, several S2S projects have been completed or are underway, including: • North Sebastian: o Phase 1 (2018) — US -1 Bay Street to Sebastian Cemetery; US -1 to Jackson Street and North Central Avenue o Phase 2 (2023) —128th Court to 130th Street (west -east) and 83rd Avenue to Roseland Road (north -south); east of railroad tracks to Kelso Place (west -east) and 83rd Avenue to Roseland Road (north -south); Rufner Lane; and Ercildoune Heights • West Wabasso: o Phase 1 (2013) — 64th Avenue, 66th Avenue, 86th Lane, and 86th Street o Phase 2 (2019) — CR -510 and 83rd Street, 62nd Avenue, and 64th Avenue o Phase 3 (2024) — 591h Avenue and 58th Court (36), and 61St Drive (3A); 3A is in -progress • Floravon Shores o Phase 1 (2005) — 110th Place o Phase 2 (2025 est.) —110th Street (in -progress) S2S projects are generally funded using multiple sources including, but not limited to, federal and state grants/funds, optional sales tax, and utility assessments. Specific funding details for the above -listed projects were provided in the respective staff reports previously reviewed and approved by the Indian River County Board of County Commissioners (BCC). 318 Consent Item In continuation of the S2S Program, IRCDUS has initiated two (2) new S2S projects for Hobart Landing (Project ID 21.24.508) and Orchid Island Estates (Project ID 21.24.507). Hobart Landing is a community located between 77th Street and 79`h Street with approximately 53 homes. The Orchid Island Estates community is generally located on Live Oak Drive and Seacrest Drive, south of CR -510 (85`h Street) with approximately 90 homes. Both communities have proximity to the Indian River Lagoon. The homes employ OSTDS for sewage with the residents of Hobart Landing currently receiving IRCDUS drinking water service while residents of Orchid Island Estates rely on well water for domestic use. IRCDUS submitted water quality improvements grant proposals under the Florida Department of Environmental Protection (FDEP) Protecting Florida Together program for Orchid Island Estates and Hobart Landing S2S projects on July 17, 2023, and August 31, 2023, respectively. The requested amounts were $9,900,000.00 for Orchid Island Estates ($7,425,000.00, or 75%, grant funds with $2,475,000.00, or 25%, local match funds), and $4,400,000.00 for Hobart Landing ($3,300,000.00, or 75%, grant funds with $1,100,000.00, or 25%, local match funds). On December 21, 2023, IRCDUS received notification of water quality improvement grant awards for both projects, agreement LGO10 for Hobart Landing and LG011 for Orchid Island Estates. Funding will be made available via cost reimbursements that will require execution of separate grant agreements. Analysis: Since FDEP's notification of award, IRCDUS staff worked with the FDEP grant manager to provide information for preparation of the grant agreements including scopes, budgets, and schedules for both projects. FDEP has provided the attached Standard Grant Agreements LG010 and LG011 for approval and signature by IRC. Agreement LG010 has an expiration date of April 30, 2028, and LG011 has an expiration date of April 30, 2029. Both agreements reflect the same funding amounts and splits as described above. The total of IRC's funding obligation for both agreements is estimated at $3,575,000.00 ($2,475,000.00 for Orchid Island Estates, plus $1,100,000.00 for Hobart Landing). It should be noted that the IRC obligation of $3,575,000.00 is not currently budgeted in the County's Capital Improvement Element (CIE), and as such will be addressed in future agenda items to the BCC upon seeking approval to expend the funds. Funding: Funds, in the amount of $3,575,000.00, for these projects will be derived from the Utilities/WIP/Orchid Island S2S account number 471-169000-24507 for $2,475,000.00, and Utilities/WIP/Hobart Landing S2S account number 471-169000-24508 for $1,100,000.00. 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/Orchid Island S2S 471-169000-24507 $2,475,000.00 Utilities/WIP/Hobart Landing S2S 471-169000-24508 $1,100,000.00 Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve agreements with Florida Department of Environmental Protection, LG010 for $9,900,000.00 for Orchid Island Estates Septic -to -Sewer project ($7,425,000.00, or 75%, grant funds with $2,475,000.00, or 25%, local match funds), and LG011 for $4,400,000.00 for Hobart Landing Septic -to -Sewer project ($3,300,000.00, or 75%, 319 Consent Item grant funds with $1,100,000.00, or 25%, local match funds) and authorize the Chairman to sign both agreements after review and approval by the County Attorney as to form and legal sufficiency. Attachments: FDEP Agreement LGO10 (Hobart Landing) FDEP Agreement LG011 (Orchid Island) Grant Form for Hobart Landing S2S Project (PID 21.24.508) Grant Form for Orchid Island Estates S2S Project (PID 21.24.507) 320 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Orchid Island Estates Septic -to -Sewer Project LG011 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Grantee Address: FEID: 59-6000674 1801 27th Street Vero Beach, Florida 32960 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution April 30, 2029 4. Project Number: Project Location(s): (If different from Agreement Number) Lat/I ung: (27.7561, -80.4119) Project Description: The Grantee will design, obtain all required permits, and complete the construction of public sewer infrastructure for the Orchid Island Estates Septic -to -Sewer Project. 5. Total Amount of Funding: $ 7,425,000.00 Funding Source? Award #s or Line -Item Appropriations: Amount per Source(s): B State [--]Federal IRL WQI, GAA LI 1711C, FY 23-24, GR $ 7,425,000.00 ❑ State ❑ Federal $ ❑ State ❑Federal $ ❑ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 7.425.000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Michelle Ramirez Name: Robert J. Tobar or successor Address: Florida Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 3602 Tallahassee, FL 32399-3000 Phone: 850-245-2818 Address: Indian River County BCC 1801 27th Street Vero Beach, FL 32960 Phone: 772-226-1801 or successor Email: Michelle.Ramirez@FloridaDEP.gov Email: rtobar@indianriver.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incorporated by reference: R Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements N Attachment 2: Special Terms and Conditions R Attachment 3: Grant Work Plan R Attachment 4: Public Records Requirements 8 Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) "Copy available at btlps:Hfacts.fldfs.com, in accordance with section 215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): R Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form R Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PURI 808 (State) DEP Agreement No. LG011 3 rev. 6/14/24 ❑ Exhibit H: Non -Profit Organization Compensation Form (State) ❑ Exhibit I: Forced Labor Attestation Form ❑ Additional Exhibits (if necessary): 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a (1): Federal Award Identification Number(s)( F Unique Entity Identifier (UEl): Federal Award Date to Department: Federal Award Project Description: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes RN/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Indian River County GRANTEE Grantee Name LM (Authorized Signature) Date Signed Sean Lieske, Director, Department of Utility Services Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT By Secretary or Designee Date Signed Angela Knecht, Director, Division of Water Restoration Assistance Print Name and Title of Person Signing 7 Additional signatures attached on separate page. DEP Agreement No. LG011 3V v. 6/14/24 DVWRA Additional Signatures Michelle Ramirez, DEP Grant Manager Mitch Holmes, DEP QC Reviewer 323 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 14 Rev. 9/10/2024 324 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1 % for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department Attachment 1 2of14 Rev. 9/10/2024 325 does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: httt)s://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures pdf. e. Rural Communities and Rural Areas of Opportunity. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https://floridajobs.org/commum —planning-and-development/rural-community_programs/rural-areas-of- opportunity. i Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. Attachment 1 3of14 Rev. 9/10/2024 326 ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. For grants funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - Attachment 1 4of14 Rev. 9/10/2024 327 price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Eq-uiQment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform Attachment 1 5of14 Rev. 9/10/2024 328 that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Attachment 1 6of14 Rev. 9/10/2024 329 Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first Attachment 1 7of14 Rev. 9/10/2024 330 arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. Attachment 1 8of14 Rev. 9/10/2024 331 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where Attachment 1 9of14 Rev. 9/10/2024 332 there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: hfts://www.epa.gov/invest/investing-america-signage. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Attachment 1 10 of 14 Rev. 9/10/2024 09191 Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, tern, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: httv:Hdos.myflorida.conVlibrM-archives/records-mana em�ent/general-records-schedulesn. 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: hgps:\\apps. fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, Attachment 1 11 of 14 Rev. 9/10/2024 334 general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Development at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 12 of 14 Rev. 9/10/2024 335 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall fiunish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F. S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extend authorized by federal law, the Department, its grantees, contractors and subcontractors shall give preference to food commodities grown or produced in this state when purchasing food commodities, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product. 42. Anti-human Trafficking. Attachment 1 13 of 14 Rev. 9/10/2024 336 If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06, F.S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality; (2) the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent (20%); or (3) complying with this requirement is inconsistent with the public interest. Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if: (1) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and (2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%) of the total Project Cost under this Agreement or $2,500, whichever is greater. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system that are necessary for operation or concealment (excepting transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from the requirements of this paragraph. This provision shall be applied in a manner consistent with and may not be construed to impair the state's obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current, complete, and accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 14 of 14 Rev. 9/10/2024 337 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LG011 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Orchid Island Estates Septic -to -Sewer Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2023 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ® ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. Attachment 2 1 of 3 Rev. 6/27/24 338 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F. S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. b. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of Attachment 2 2of3 Rev. 6/27/24 339 transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. Ai y terms added here must be approved by the Office of General Counsel. Attachment 2 3 of 3 Rev. 6/27/24 340 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Orchid Island Estates Septic -to -Sewer Project PROJECT LOCATION: The Project will be located in Vero Beach, FL within Indian River County; Lat/Long (27.7561, -80.4119). See Figure 1 for a site map. PROJECT BACKGROUND: Orchid Island Estates consists of approximately 90 homes on Live Oak Dr. and Seacrest Dr. in the unincorporated area of Indian River County (Grantee). These homes are located in the Central Indian River Lagoon (Central IRL ) basin management action plan (BMAP) area and are currently individual ground water wells and septic systems. The construction of public sewer infrastructure for these homes will allow for future expansion of the County's sanitary sewer system. The completion of this project will ultimately result in restoration efforts of water quality to the Central IRL by reducing an estimated 3,639.62 pounds per year (lb/year) of pollutant loads. PROJECT DESCRIPTION: The Grantee will design, obtain all required permits, and complete the construction of public sewer infrastructure for the Orchid Island Estates Septic -to -Sewer Project. Construction will include the installation of approximately 17,500 linear feet of public sewer infrastructure that consist of new sewer mains and lateral stub -outs for approximately 90 homes/lots within the Orchid Island Estates residential community. The completion of the design phase will determine if the installation of lift stations is needed for the construction phase of the project. The DEP Grant Funds associated with this Agreement were awarded based on local contributions pledged towards the total project costs: $2,475,000.00 from Indian River County. A summary of the local contributions will be required in the Final Quarterly Progress Report, and financial supporting documentation shall be provided upon request. TASKS: All documentation should be submitted electronically unless otherwise indicated and should be submitted prior to the expiration of the grant Agreement. Task 1: Commitment to Basin Management Action Plan (EMAP) Deliverables: The Grantee will submit an official letter to the Department's Division of Environmental Assessment and Restoration indicating its commitment to completing this project and requesting this project be included in the Central Indian River Lagoon BMAP. Documentation: The Grantee will submit a signed copy of this letter to the Department's Grant Manager. Performance Standard: The Department's Grant Manager will review the copy of the letter to ensure it indicates the Grantee's commitment to completing this project and contains a request for this project to be included in the appropriate BMAP. Approval by the Department will be indicated by written acceptance by the Department's Grant Manager. Financial Consequences: The Grantee may not proceed with any other tasks in this Agreement until written acceptance of the deliverable is provided by the Department's Grant Manager. Additional Financial Consequences: The Department's Grant Manager must receive and accept the official letter prior to the processing of reimbursement requests for any other tasks. Payment Request Schedule: There is no reimbursement specifically for this task. DEP Agreement No. LGO 11, Attachment 3, Page 1 of 4 341 Task 2: Preconstruction Activities Deliverables: Utilizing Progressive Design Build delivery method, the Grantee will complete the design, obtain all necessary permits for construction of the project, and develop a Guaranteed Maximum Price (GMP) to construct the Orchid Island Estates Septic -to -Sewer Project. Activities necessary for design, such as surveys, geotechnical evaluations, and environmental assessments, are eligible under this task. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, including the percentage of design complete and permitting status, using the format provided by the Department's Grant Manager. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task, a list of all required permits identifying issue dates and issuing authorities, and copies of any surveys, assessments, or other documents funded under this task. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 3: Proiect Management Deliverables: The Grantee will provide project management services related to Orchid Island Estates Septic -to -Sewer Project, to include review of documents and forms, budget oversight, preparation and submittal of quarterly progress reports, processing of payment requests and related documentation, field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 4: Construction Deliverables: The Grantee will construct public sewer infrastructure for the Orchid Island Estates Septic - to -Sewer Project in accordance with the construction contract documents. The Grantee will submit through the Department's GIS web -interface data collection tool, parcel -level data identifying collection system extensions; lift stations and other infrastructure associated with the grant; and both the parcels connected to sewer and the parcels where sewer has been made available for connection but not yet connected along with associated grant information. Pursuant to section 381.00655, Florida Statutes, for any parcels for which sewer was made available, but for which connection has not yet been made, the Grantee will notify in writing owners of such parcels that the system is available for connection and that they must connect to the installed sewer system within 365 days of such written notification. DEP Agreement No. LGO11, Attachment 3, Page 2 of 4 342 Documentation: The Grantee will submit: 1) a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. For the final documentation, the Grantee will also submit: 2) an email from the Department's GIS web -interface data collection tool, confirming that data for the project has been submitted; and 3) one copy of a notification letter and a signed statement by the grant manager that notifications to all parcels for which sewer is available, but not yet connected, was sent. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. For any Task with a Budget Category of Contractual Services, the Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Task Budget Grant Task Task No. Task Title Category Amount Start Date End Date Commitment to Basin No -Cost 1 Management Action Plan $0 07/01/2023 12/31/2025 Deliverable BMAP 2 Preconstruction Activities Contractual $1,000,000 07/01/2023 10/31/2026 Services 3 Project Management Contractual $500,000 07/01/2023 10/31/2028 Services 4 Construction Contrac u 1 $5,925,000 07/01/2023 10/31/2028 ServiTotal: $7,425,000 DEP Agreement No. LGO11, Attachment 3, Page 3 of 4 343 FIGURE 1 SITE MAP: Indian River County Department of Utility Services Orchid Island Project Boundary Date: 1/10/2024 '°"'OA Scale: 1" = 9,000' DEP Agreement No. LG011, Attachment 3, Page 4 of 4 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F. S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. services(i0oridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1 of 1 Rev. 4/27/2018 345 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP'; "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. I13TRI I ffel"N 6; In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. FAI107YIT. PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 1. A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 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 $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at https:Hsam.gov/content/assistance-listings. Attachment 5 1 of 6 BGS -DEP 55-215 revised 10/01/24 346 PART H: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. 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) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at haps://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hqp://www.leg.state.fl.us/Welcome/index.cfin, State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at hM://www.fldfs.com/and the Auditor General's Website at hgp://www.myflorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.9 7(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS -DEP 55-215 revised 10/01/24 347 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at htta://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient dir• ectly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudita,dep. state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditCcr�dep. state. flus 4. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS -DEP 55-215 revised 10/01/24 348 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 revised 10/01/24 349 d 0 w O F O U z 0 O 2IV w 0 0 y r ° m r ° a U a 0 ° O � b N .0 b N U U N H w d y., w vOi r. o y EF E -H � A O m c w A O y o h U U .Q U d u r'd d w O O d O U Z U Z a UU" iii Lei 'u a � a � U N U w d U pU d � w � 3 � � w CIO w w (4 w d b 04 y i. to wa wa, h d i b on d .ti en P7 owe; wa w z 0 O 2IV w ci wa O M y m U 0 ° � N .0 N U U N H d y., vOi r. vOi y O m c w O y d � u O O O U UU" iii Lei U U U pU w CIO w (4 b 04 to wa wa, ci wa O M 51, 0 h C 0 0 0 ;; • O r O O Y ' O a.bt U bca U ¢Uol ¢U U 8 as L 0 a 0 fes; 0 � d d O w b tx b $0 W w w W d c Q b � O H bi b A a U O p N F F F� A A a� � w O Jr .Q O A U L 0 bc bc d �3a w 3 0 Q Q O A A � .60a .may iyr O a O d Q d PC Y U z N U z w w turad Q h U L a ao Q P ov y awa PC y 0 y 0 wa 51, 0 h C U U Q U. ° •v U U Y � e M O w U C! mo O O dd vi U oU o q o� U b cYd ti U d �d o I r. °' � o � •� 0 3 si. ?`'�� •O�c� O y z� C VI C N N Y � x y bJD U O y Oo-- U o abi �, ed C U t34o its 0wcn a� Ol ,wb0 �•' ,y � 3 N � � O ext oaa p. C ch b U Y riy iy Or o� a' oq O m O 2 � Y ;".4sVI i 0 0 r O It Y ' O U fes; � O O N d c Q b � U O p N O A A 0 bc bc w �3a w 3 w O .60a Q O U z U z turad a a C Q U a d°0 6> Q A o Q y Y U Orol G U U Q U. ° •v U U Y � e M O w U C! mo O O dd vi U oU o q o� U b cYd ti U d �d o I r. °' � o � •� 0 3 si. ?`'�� •O�c� O y z� C VI C N N Y � x y bJD U O y Oo-- U o abi �, ed C U t34o its 0wcn a� Ol ,wb0 �•' ,y � 3 N � � O ext oaa p. C ch b U Y riy iy Or o� a' oq O m O 2 � Y ;".4sVI i STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form The current Exhibit A, Progress Report Form for this grant can be found on the Department's website at this link: https:Hfloridadep.gov/wra/wra/documents/`Progress-report-form ss -report -form Please use the most current form found on the website, linked above, for each progress report submitted for this project. Exhibit A, Page 1 of 1 Rev. 01/19/24 352 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https:Hfloridadep. gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. Exhibit C, Page 1 of 1 Rev. 12/02/19 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement This Agreement is entered into between the Parties named below, pursuant to section 215.971, Florida Statutes: 1. Project Title (Project): Agreement Number: Hobart Landing Septic -to -Sewer Project LG010 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Grantee Address: FEID: 59-6000674 1801 27th Street Vero Beach, Florida 32960 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution April 30, 2028 4. Project Number: Project Location(s): (Ijdii ferentfrom Agreement Number) Lat/LOng: (27.7572, -80.4142) Project Description: The Grantee will design, obtain all required permits, and complete the construction of public sewer infrastructure for the Hobart Landing Septic -to -Sewer Project. 5. Total Amount of Funding: $ 3,300,000.00 Fundin Source? Award #s or Line -Item Appropriations: Amount per Source(s): R State El Federal IRL WQI, GAA LI 1711C, FY 23-24, GR $ 3,300,000.00 ❑ State ❑Federal $ ❑ State ❑ Federal $ ❑ Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 3.300.000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Michelle Ramirez Name: Robert Tobar or successor Address: Florida Dept. of Environmental Protection 3900 Commonwealth Blvd., MS 3602 Tallahassee, FL 32399-3000 Phone: 850-245-2818 Address: 1801 27th Street Vero Beach, FL 32960 Phone: (772) 226-1801 or successor Email: Michelle.Ramirez@FloridaDEP.gov Email: rtobar@indianriver.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incomorated by reference: B Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements R Attachment 2: Special Terms and Conditions B Attachment 3: Grant Work Plan R Attachment 4: Public Records Requirements B Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at hMs:Hfacts.fldfs.com, in accordance with section 215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): B Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form R Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 (State) DEP Agreement No. LGO10 35W. 6/14/24 ❑ Exhibit H: Non -Profit Organization Compensation Form (State) ❑ Exhibit I: Forced Labor Attestation Form ❑ Additional Exhibits (if necessary): 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a (1): Federal Award Identification Number(s)( (FAIN): Unique Entity Identifier UEI : Federal Award Date to Department: Federal Award Project Description: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Indian River County GRANTEE Grantee Name By (Authorized Signature) Date Signed Sean Lieske, Director of Utility Services Print Name and Title of Person Signing State of Florida Department of Environmental Protection _ DEPARTMENT By Secretary or Designee Date Signed Angela Knecht, Director, Division of Water Restoration Assistance Print Name and Title of Person Signing [✓ Additional signatures attached on separate page. LG010 DEP Agreement No. 3r ev. 6/14/24 DWRA Additional Signatures Michelle Ramirez, DEP Grant Manager Mitch Holmes, DEP QC Reviewer 356 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACHMENT 1 1. Entire Agreement. This Grant Agreement, including any Attachments and Exhibits referred to herein and/or attached hereto (Agreement), constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, with respect to such subject matter. Any terms and conditions included on Grantee's forms or invoices shall be null and void. 2. Grant Administration. a. Order of Precedence. If there are conflicting provisions among the documents that make up the Agreement, the order of precedence for interpretation of the Agreement is as follows: i. Standard Grant Agreement ii. Attachments other than Attachment 1, in numerical order as designated in the Standard Grant Agreement iii. Attachment 1, Standard Terms and Conditions iv. The Exhibits in the order designated in the Standard Grant Agreement b. All approvals, written or verbal, and other written communication among the parties, including all notices, shall be obtained by or sent to the parties' Grant Managers. All written communication shall be by electronic mail, U.S. Mail, a courier delivery service, or delivered in person. Notices shall be considered delivered when reflected by an electronic mail read receipt, a courier service delivery receipt, other mail service delivery receipt, or when receipt is acknowledged by recipient. If the notice is delivered in multiple ways, the notice will be considered delivered at the earliest delivery time. c. If a different Grant Manager is designated by either party after execution of this Agreement, notice of the name and contact information of the new Grant Manager will be submitted in writing to the other party and maintained in the respective parties' records. A change of Grant Manager does not require a formal amendment or change order to the Agreement. d. This Agreement may be amended, through a formal amendment or a change order, only by a written agreement between both parties. A formal amendment to this Agreement is required for changes which cause any of the following: (1) an increase or decrease in the Agreement funding amount; (2) a change in Grantee's match requirements; (3) a change in the expiration date of the Agreement; and/or (4) changes to the cumulative amount of funding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 14 Rev. 9/10/2024 357 4. Deliverables. The Grantee agrees to render the services or other units of deliverables as set forth in Attachment 3, Grant Work Plan. The services or other units of deliverables shall be delivered in accordance with the schedule and at the pricing outlined in the Grant Work Plan. Deliverables may be comprised of activities that must be completed prior to Department making payment on that deliverable. The Grantee agrees to perform in accordance with the terms and conditions set forth in this Agreement and all attachments and exhibits incorporated by the Standard Grant Agreement. 5. Performance Measures. The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the kind and quality described in the Grant Work Plan; (3) the services will be performed in a professional and workmanlike manner in accordance with industry standards and practices; (4) the services shall not and do not knowingly infringe upon the intellectual property rights, or any other proprietary rights, of any third party; and (5) its employees, subcontractors, and/or subgrantees shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Rejection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1 % for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department Attachment 1 2of14 Rev. 9/10/2024 358 does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance deficiencies by Grantee, Department shall retain the right to require additional or further remedial steps, or to terminate this Agreement for failure to perform. No actions approved by Department or steps taken by Grantee shall preclude Department from subsequently asserting any deficiencies in performance. The Grantee shall continue to implement the CAP until all deficiencies are corrected. Reports on the progress of the CAP will be made to Department as requested by Department's Grant Manager. iii. Failure to respond to a Department request for a CAP or failure to correct a deficiency in the performance of the Agreement as specified by Department may result in termination of the Agreement. 8. Payment. a. Payment Process. Subject to the terms and conditions established by the Agreement, the pricing per deliverable established by the Grant Work Plan, and the billing procedures established by Department, Department agrees to pay Grantee for services rendered in accordance with section 215.422, Florida Statutes (F.S.). b. Taxes. The Department is exempted from payment of State sales, use taxes and Federal excise taxes. The Grantee, however, shall not be exempted from paying any taxes that it is subject to, including State sales and use taxes, or for payment by Grantee to suppliers for taxes on materials used to fulfill its contractual obligations with Department. The Grantee shall not use Department's exemption number in securing such materials. The Grantee shall be responsible and liable for the payment of all its FICA/Social Security and other taxes resulting from this Agreement. c. Maximum Amount of Agreement The maximum amount of compensation under this Agreement, without an amendment, is described in the Standard Grant Agreement. Any additional funds necessary for the completion of this Project are the responsibility of Grantee. d. Reimbursement for Costs. The Grantee shall be paid on a cost reimbursement basis for all eligible Project costs upon the completion, submittal, and approval of each deliverable identified in the Grant Work Plan. Reimbursement shall be requested on Exhibit C, Payment Request Summary Form. To be eligible for reimbursement, costs must be in compliance with laws, rules, and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures, which can be accessed at the following web address: https://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-expenditures.pdf. e. Rural Communities and Rural Areas of Opportunity If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S.; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: haps://floridajobs.org community planning_and-development/rural-community-programs/rural-areas-of- 2pnortunity. f. Invoice Detail. All charges for services rendered or for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216.1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. Attachment 1 3of14 Rev. 9/10/2024 359 ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of fixture appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: haps://www.myfloridacfo.com/division/aa/local-governments/judgement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refimded to Department. Any funds paid in excess of the amount to which Grantee or subgrantee is entitled under the terms of the Agreement must be refunded to Department. If this Agreement is funded with federal funds and the Department is required to refund the federal government, the Grantee shall refund the Department its share of those funds. 9. Documentation Required for Cost Reimbursement Grant Agreements and Match. If Cost Reimbursement or Match is authorized in Attachment 2, Special Terms and Conditions, the following conditions apply. Supporting documentation must be provided to substantiate cost reimbursement or match requirements for the following budget categories: a. Salary/Wages. Grantee shall list personnel involved, position classification, direct salary rates, and hours spent on the Project in accordance with Attachment 3, Grant Work Plan in their documentation for reimbursement or match requirements. b. Overhead/Indirect/General and Administrative Costs. If Grantee is being reimbursed for or claiming match for multipliers, all multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by Grantee exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. c. Contractual Costs (Subcontractors). Match or reimbursement requests for payments to subcontractors must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts which involve payments for direct salaries shall clearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such fiords to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 691-73, F.A.C., as applicable. For grants funded with federal fiords, nonconsumable and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - Attachment 1 4of14 Rev. 9/10/2024 360 price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingress/egress easements, leases, license agreements, or other site access agreements; and/or obtaining record title ownership of real property through purchase) must be supported by the following, as applicable: Copies of Property Appraisals, Environmental Site Assessments, Surveys and Legal Descriptions, Boundary Maps, Acreage Certification, Title Search Reports, Title Insurance, Closing Statements/Documents, Deeds, Leases, Easements, License Agreements, or other legal instrument documenting acquired property interest and/or rights. If land acquisition costs are used to meet match requirements, Grantee agrees that those funds shall not be used as match for any other Agreement supported by State or Federal funds. 10. Status Reports. The Grantee shall submit status reports quarterly, unless otherwise specified in the Attachments, on Exhibit A, Progress Report Form, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform Attachment 1 5of14 Rev. 9/10/2024 361 that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided -above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Attachment 1 6of14 Rev. 9/10/2024 362 Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first Attachment 1 7of14 Rev. 9/10/2024 363 arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value of the Agreement to Department, in which case Department may: (1) accept allocated performance or deliveries from Grantee, provided that Grantee grants preferential treatment to Department with respect to products subjected to allocation; (2) contract with other sources (without recourse to and by Grantee for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay, which purchases may be deducted from the Agreement quantity; or (3) terminate Agreement in whole or in part. 18. Indemnification. a. The Grantee shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, actions, damages, and costs of every name and description arising from or relating to: i. personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Grantee, its agents, employees, partners, or subcontractors; provided, however, that Grantee shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of Department; ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. b. The Grantee's obligations under the preceding paragraph with respect to any legal action are contingent upon Department giving Grantee: (1) written notice of any action or threatened action; (2) the opportunity to take over and settle or defend any such action at Grantee's sole expense; and (3) assistance in defending the action at Grantee's sole expense. The Grantee shall not be liable for any cost, expense, or compromise incurred or made by Department in any legal action without Grantee's prior written consent, which shall not be unreasonably withheld. c. Notwithstanding sections a. and b. above, the following is the sole indemnification provision that applies to Grantees that are governmental entities: Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, F.S. Further, nothing herein shall be construed as consent by a state agency or subdivision of the State to be sued by third parties in any matter arising out of any contract or this Agreement. d. No provision in this Agreement shall require Department to hold harmless or indemnify Grantee, insure or assume liability for Grantee's negligence, waive Department's sovereign immunity under the laws of Florida, or otherwise impose liability on Department for which it would not otherwise be responsible. Any provision, implication or suggestion to the contrary is null and void. 19. Limitation of Liability. The Department's liability for any claim arising from this Agreement is limited to compensatory damages in an amount no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. 20. Remedies. Nothing in this Agreement shall be construed to make Grantee liable for force majeure events. Nothing in this Agreement, including financial consequences for nonperformance, shall limit Department's right to pursue its remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. Attachment 1 8of14 Rev. 9/10/2024 364 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where Attachment 1 9of14 Rev. 9/10/2024 365 there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 25. Investing in America Grantees of an award for construction projects in whole or in part by the Bipartisan Infrastructure Law or the Inflation Reduction Act, including the following provision: a. Signage Requirements a. Investing in America Emblem: The recipient will ensure that a sign is placed at construction sites supported in whole or in part by this award displaying the official Investing in America emblem and must identify the project as a "project funded by President Biden's Bipartisan Infrastructure Law" or "project funded by President Biden's Inflation Reduction Act" as applicable. The sign must be placed at construction sites in an easily visible location that can be directly linked to the work taking place and must be maintained in good condition throughout the construction period. The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: haps://www.epa.gov/invest/investing-america-signage. b. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Attachment 1 10 of 14 Rev. 9/10/2024 366 Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five (5) years following the completion date or termination of the Agreement. In the event that any work is subcontracted, Grantee shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.Lnyflorida.com/librga-archives/records-mana eg_ment/general-records-scheduleso. 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: https:\\apps. fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, Attachment 1 11 of 14 Rev. 9/10/2024 367 general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by -program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipient's, accounting system cannot comply with this requirement, Grantee, or subrecipient, shall establish a system to provide adequate fund accountability for each project it has been awarded. i. If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. In the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Development at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 12 of 14 Rev. 9/10/2024 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extend authorized by federal law, the Department, its grantees, contractors and subcontractors shall give preference to food commodities grown or produced in this state when purchasing food commodities, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product. 42. Anti-human Trafficking. Attachment 1 13 of 14 Rev. 9/10/2024 369 If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06, F.S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality; (2) the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent (20%); or (3) complying with this requirement is inconsistent with the public interest. Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if: (1) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and (2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%) of the total Project Cost under this Agreement or $2,500, whichever is greater. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system that are necessary for operation or concealment (excepting transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from the requirements of this paragraph. This provision shall be applied in a manner consistent with and may not be construed to impair the state's obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current, complete, and accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 14 of 14 Rev. 9/10/2024 370 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LGO10 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Hobart Landing Septic -to -Sewer Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2023 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. N ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements. There is no match required on the part of the Grantee under this Agreement. Attachment 2 1 of 3 Rev. 3/11/24 371 8. Insurance Requirements. Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. Applicable to solicitations for a common carrier — Before contract execution, the winning Contractor(s) must fill out and return PUR 1808, and attest that it is not willfully providing any service in furtherance of Attachment 2 2 of 3 Rev. 3/11/24 372 transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. Any terms added here must be approved by the Office of General Counsel. Attachment 2 3 of 3 Rev. 3/11/24 373 ATTACHM ENT 3 GRANT WORK PLAN PROJECT TITLE: Hobart Landing Septic -to -Sewer Project PROJECT LOCATION: The Project will be located in Vero Beach, FL within Indian River County; Lat/Long (27.7572, -80.4142). See Figure 1 for a site map. PROJECT BACKGROUND: The Hobart Landing residential community consists of approximately 53 homes in the unincorporated area of Indian River County (Grantee). These homes are located in the Central Indian River Lagoon (Central IRL) basin management action plan (BMAP) area, and they are currently using individual septic systems. These septic tanks leach harmful nutrient loads into the groundwater connecting to the Central IRL, which is considered an impaired watershed. The construction of public sewer infrastructure for these homes will allow for future expansion of the County's sanitary sewer system. The completion of this project will ultimately result in restoration efforts of water quality to the Central IRL by reducing an estimated 1,400 pounds per year (lb/year) of total nitrogen. PROJECT DESCRIPTION: The Grantee will design, obtain all required permits, and construct approximately 6,400 linear feet of public sewer infrastructure that consists of new sewer mains and lateral stub -outs for approximately 53 homes/lots in the Hobart Landing residential community. The completion of the design phase will determine if force main and a lift station is needed for the construction phase of the project. The DEP Grant Funds associated with this Agreement were awarded based on local contributions pledged towards the total project costs: $1,100,000.00 from Indian River County. A summary of the local contributions will be required in the Final Quarterly Progress Report, and financial supporting documentation shall be provided upon request. TASKS: All documentation should be submitted electronically unless otherwise indicated, and should be submitted prior to the expiration of the grant agreement. Task 1: Commitment to Basin Management Action Plan (BMAP) Deliverables: The Grantee will submit an official letter to the Department's Division of Environmental Assessment and Restoration indicating its commitment to completing this project and requesting this project be included in the Central Indian River Lagoon BMAP. Documentation: The Grantee will submit a signed copy of this letter to the Department's Grant Manager. Performance Standard: The Department's Grant Manager will review the copy of the letter to ensure it indicates the Grantee's commitment to completing this project and contains a request for this project to be included in the appropriate BMAP. Approval by the Department will be indicated by written acceptance by the Department's Grant Manager. Financial Consequences: The Grantee may not proceed with any other tasks in this Agreement until written acceptance of the deliverable is provided by the Department's Grant Manager. Additional Financial Consequences: The Department's Grant Manager must receive and accept the official letter prior to the processing of reimbursement requests for any other tasks. Payment Request Schedule: There is no reimbursement specifically for this task. DEP Agreement No. LGO 10, Attachment 3, Page 1 of 4 374 Task 2: Preconstruction Activities Deliverables: Utilizing Progressive Design Build delivery method, the Grantee will complete the design, obtain all necessary permits for construction of the project, and develop a Guaranteed Maximum Price (GMP) to construct the Hobart Landing Septic -to -Sewer Project. Activities necessary for design, such as surveys, geotechnical evaluations, and environmental assessments, are eligible under this task. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, including the percentage of design complete and permitting status, using the format provided by the Department's Grant Manager. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task, a list of all required permits identifying issue dates and issuing authorities, and copies of any surveys, assessments, or other documents funded under this task. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 3: Proiect Management Deliverables: The Grantee will provide project management services related to Hobart Landing Septic -to - Sewer Project, to include review of documents and forms, budget oversight, preparation and submittal of quarterly progress reports, processing of payment requests and related documentation, field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 4: Construction Deliverables: The Grantee will construct Hobart Landing Septic -to -Sewer Project in accordance with the construction contract documents. The Grantee will submit through the Department's GIS web -interface data collection tool, parcel -level data identifying collection system extensions; lift stations and other infrastructure associated with the grant; and both the parcels connected to sewer and the parcels where sewer has been made available for connection but not yet connected along with associated grant information. Pursuant to section 381.00655, Florida Statutes, for any parcels for which sewer was made available, but for which connection has not yet been made, the Grantee will notify in writing owners of such parcels that the system is available for connection and that they must connect to the installed sewer system within 365 days of such written notification. DEP Agreement No. LGO10, Attachment 3, Page 2 of 4 375 Documentation: The Grantee will submit: 1) a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. For the final documentation, the Grantee will also submit: 2) an email from the Department's GIS web -interface data collection tool, confirming that data for the project has been submitted; and 3) one copy of a notification letter and a signed statement by the grant manager that notifications to all parcels for which sewer is available, but not yet connected, was sent. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. For any Task with a Budget Category of Contractual Services, the Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Task Budget Grant Task Task No. Task Title Category Amount Start Date End Date Commitment to Basin 1 Management Action Plan No -Cost $0 07/01/2023 12/31/2025 Deliverable BMAP 2 Preconstruction Activities Contractual $440,000 07/01/2023 01/31/2026 Services 3 Project Management Contractual $220,000 07/01/2023 10/31/2027 Services 4 Construction Contrac u 1 $2,640,000 07/01/2023 10/31/2027 ServiTotal: $3,300,000 DEP Agreement No. LGO10, Attachment 3, Page 3 of 4 376 L O z v CL L d O E L � o c 'O C m C �+ O O v N N O C c c 0 c +O+ = J C H STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119. 10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the Public Records to Department. e. Upon completion of the contract, transfer, at no cost, to Department all Public Records in possession of the contractor or keep and maintain Public Records required by Department to perform the service. If the contractor transfers all Public Records to Department upon completion of the contract, the contractor shall destroy any duplicate Public Records that are exempt or confidential and exempt from Public Records disclosure requirements. If the contractor keeps and maintains Public Records upon completion of the contract, the contractor shall meet all applicable requirements for retaining Public Records. All Public Records stored electronically must be provided to Department, upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public. services(afloridadep.gov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1of1 Rev. 4/27/2018 378 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Audit Requirements (State and Federal Financial Assistance) Attachment 5 The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP'; "FDEP" or "Grantor", or other name in the agreement) to the recipient (which may be referred to as the "Recipient", "Grantee" or other name in the agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by DEP Department staff, limited scope audits as defined by 2 CFR 200.425, or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in 2 CFR §200.330 A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 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 $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $1,000,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at haps://sam.gov/content/assistance-listings. Attachment 5 1 of 6 BGS -DEP 55-215 revised 10/01/24 379 PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2), Florida Statutes. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017, and thereafter), the recipient must have a State single or project -specific audit for such fiscal year in accordance with Section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through the Department of Environmental Protection by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at hgps://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at hM://www.leiz.state.fl.us/Welcome/index.cfinl State of Florida's website at http://www.myflorida.com/, Department of Financial Services' Website at hM://www.fldfs.com/and the Auditor General's Website at hgp://www.mAorida.com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to sped any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.9 7(8), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV: REPORT SUBNIISSION Copies of reporting packages for audits conducted in accordance with 2 CFR Part 200, Subpart F -Audit Requirements, and required by PART I of this form shall be submitted, when required by 2 CFR 200.512, by or on behalf of the recipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.36 and 200.512 A. The Federal Audit Clearinghouse designated in 2 CFR §200.501(a) (the number of copies required by 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5 2 of 6 BGS -DEP 55-215 revised 10/01/24 380 By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 Submissions of the Single Audit reporting package for fiscal periods ending on or after January 1, 2008, must be submitted using the Federal Clearinghouse's Internet Data Entry System which can be found at hM://harvester.census.gov/facweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudita,dep. state.fl.us B. The Auditor General's Office at the following address: Auditor General Local Government Audits/342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website (http://flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient dir' ectly to the Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit(a)dep. state.fl.us Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. Attachment 5 3 of 6 BGS -DEP 55-215 revised 10/01/24 381 5. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 revised 10/01/24 382 21 O z.. 0 0 H �•� O � y•� O Fri U N I o i ^•+ d a N CA o 0 "U h Q U ti 0 b bs d bs b b 0 0 w o w w w w w �i a •� y Y y V1 0 � ai Q% HH H A d A d o .A U U JA q 0 U d b bf d ice+ 10. Uz 7Oi U a � ❑U pUp a U a U p b � Q w V]ww bc Q w v�ww ►�, tom, cc � w w y V O y 4a L 'O OD d .p bL Qa bw� wa 0 w O z.. ci �t H � Fri U ^•+ d 0 h ti CL 75 V w o w w w �i y Y y V1 0 � d d h h 10. U 7Oi U � � ❑U pUp U a U p w V]ww w v�ww ci �t t3 4.0 a O CS x 0 h 0 0 0 00 �0 +U+ O aU+ O aU+ •f••� O '�t a a ¢U ¢U ¢U V1 Lei W � 40. 0 a C O b GTi "C w W W 0 U U i.� PL O a fw U aUr o rA � � a. O H H w a U A U U w w y .p O " z `" U z tud U 0 as 8 AA O N d O Jr N O CQC U M st rn U OO i W N y W O a. S A q 61 A Q •� U 0 U U 7 U Ma ly. a Q a C y u 'u a O Go � Q Q a OQ a w U � � W w d h O y L y y 0 y 0 0 h 0 A a U Z CS • v� cd U ,CS '" •'�" � � O N .0„ d � tij � Q V1 � •,'� ,o (y o �•- U +r~i 3 y O N V] bo b i Ei Q pUp o�d104 h U O y •gib � Cd 3U o r TZ: i CS r, O .OA UW V] � = Ob 0 O vUi „hr 01 q ; W O 01� Q •V" � yOy Z3 a 4r 01 > Uvo. on zi le 00 M 0 0 r -I aU+ •f••� O '�t O ¢U V1 W � o C O V Qa PL U U o rA � � a. O U " z `" U z tud AA O N �+ O Jr N O CQC U M st rn U OO i W N y W O a. q 61 U Q •� U U Ma Q Q y u O Go C a OQ a A a U Z CS • v� cd U ,CS '" •'�" � � O N .0„ d � tij � Q V1 � •,'� ,o (y o �•- U +r~i 3 y O N V] bo b i Ei Q pUp o�d104 h U O y •gib � Cd 3U o r TZ: i CS r, O .OA UW V] � = Ob 0 O vUi „hr 01 q ; W O 01� Q •V" � yOy Z3 a 4r 01 > Uvo. on zi le 00 M STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form The current Exhibit A, Progress Report Form for this grant can be found on the Department's website at this link: httys:Hfloridadep.gov/wra/wra/documents/vrogress-relport-forin ss -report -form Please use the most current form found on the website, linked above, for each progress report submitted for this project. Exhibit A, Page 1 of 1 Rev. 01/19/24 385 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https://floridadep.gov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. Exhibit C, Page 1 of 1 Rev. 12/02/19 386 GRANT NAME: Orchid Island Estates Septic to Sewer AMOUNT OF GRANT: $7,425,000.00 GRANT # LGO11 DEPARTMENT RECEIVING GRANT: Department of Utility Services CONTACT PERSON: Robert Tobar TELEPHONE: 772-226-1801 1. How long is the grant for? At the time of execution date until April 30, 2028 Starting Date: TBD 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 to grant 0 5. Grant match amount required 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Local nledae contributions 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes __.2L_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 1 Retirement — Contributions 012.13 Insurance — Life & Health 012.14 Worker's Compensation 012.17 S/Sec. Medicare Matching $ 2,800,000.00 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? $7,415,00000 Signature of Preparer: Date: 387 Grant Amount Other Match Costs Not Covered Match Total First Year $ 900,000.00 $ $ $ Second Year $ 2,800,000.00 $ $ $ Third Year $ 2,800,000.00 $ $ $ Fourth Year $ 925,000.00 $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 387 GRANT NAME: Hobart Landine Septic to Sewer (S2S) GRANT # LGO10 AMOUNT OF GRANT: $3,300,000.00 DEPARTMENT RECEIVING GRANT: Department of Utility Services CONTACT PERSON: Robert Tobar TELEPHONE: 772-226-1801 1. How long is the grant for? At the time of execution date until April 30, 2028 Starting Date: TBD 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 to grant 25 5. Grant match amount required $ 111 nn onn no 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Local Dledee contributions 7. Does the grant cover capital costs or start-up costs? Yes X No If no, how much do you think will be needed in capital costs or start-up costs: $ (Attach a detail listing of costs) 8. Are you adding any additional positions utilizing the grant funds? Yes __.2L_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 1 Worker's Compensation 012.17 S/Sec. Medicare Matching $ 561,000.00 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 $ 3,300,000.00 $ 3,300,000.00 Total First Year $ 429,000.00 $ $ 107,250.00 $ 429,000.00 Second Year $ 2,310,000.00 10. What is the estimated cost of the grant to the county over five years? $1,100,00000 Signature of Preparer: Date: 388 Grant Amount Other Match Costs Not Covered Match Total First Year $ 429,000.00 $ $ 107,250.00 $ 429,000.00 Second Year $ 2,310,000.00 $ $ 577 500.00 $ 2,31-0,00-0.00 Third Year $ 561,000.00 $ $ 140,250.00 $ 561 000.00 Fourth Year $ $ $ $ Fifth Year $ $ $ $ Signature of Preparer: Date: 388 ADMINISTRATIVE OFFICE October 25, 2024 NINETEENTH JUDICIAL CIRCUIT Wendy Parent Senior Court Operations Consultant RE: Amended Award of the 2024/2025 Alcohol and Other Drug Abuse Treatment Fund Background: In July 2024, the Indian River Board of County Commissioners awarded up to $50,000 to problem -solving courts to help offset costs associated with participant program requirements. These funds are drawn from the Alcohol and Other Drug Abuse Trust Fund. Following the Commission's approval in July, a budget amendment was made to transfer these funds from the Drug Abuse Program Fund/Cash Forward (effective October 1, 2024) to the Drug Abuse Program Fund/Drug Test Program (account #12111069-088692) and the Drug Abuse Program Fund/Other Professional Services (account #12111069-033190). As of September 18, 2024, the total balance in the trust fund stands at $385,549.14. Drug Testing, Substance Use and Mental Health Treatment and Wraparound Services: Many defendants face challenges in participating in problem -solving courts due to high costs associated with program requirements, including drug testing, substance use and mental health treatment, and wraparound services like housing and transportation. Participants are required to undergo frequent drug testing at a cost of $40 per week, totaling around $2,240 annually. Treatment costs vary, with outpatient care at $50 per week and inpatient services reaching $15,000 per month. Transitional housing ranges from $500 to $750 monthly, MAT costs about $1,500 per month, and transportation services are approximately $35 per trip. Funds from the Drug Abuse Trust Fund help offset these expenses for defendants who cannot afford them. Request: We request that the Indian River Board of County Commissioners approve the use of the previously approved amount of up to $50,000 to include transportation services for fiscal year 2024/2025, which was not part of our original Alcohol and Other Drug Abuse Trust Fund budget request for this year. This request will not require an increase in our approved budget proposal, ensuring there will be no impact on the overall budget. If approved, we plan to allocate these funds for transportation services, along with the originally approved services for substance use and mental health treatment, drug testing, housing, and medication -assisted treatment for indigent participants in Drug Court, Mental Health Court, and Veterans Treatment Court. The Nineteenth Judicial Circuit is grateful to the Board of County Commissioners for their ongoing support of problem -solving court programs in Indian River County. We appreciate your consideration of our request to include transportation services from the Alcohol and Other Drug Abuse Trust Fund for participants in these programs. 389 !D8 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: Phone: 501-4753 Protest of the RFP - Waste Hauler Contract Subject matter for discussion: Is a digital / electronic presentation planned? 71 YES NO What resolution are you requesting of the Commission? 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: tcournoyerpindianriver.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: rant nsmitte3 to Administrator Via: E -Mail F-I�L Phone Fax Mail Hand Delivered Meeting Date: 11/5/24 390 IIW �V ER C' Office of the z e INDIAN RIVER COUNTY ADMINISTRATOR �LoRty� John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr. County Administrator PREPARED BY: Kristin Daniels Director, Management & Budget DATE: October 23, 2024 SUBJECT: American Rescue Plan Act of 2021 — Proposed Spending Plan Revisions BACKGROUND: On March 11, 2021, President Biden signed the $1.9 trillion American Rescue Plan Act of 2021. The American Rescue Plan (ARP) as it is normally referred to, is a COVID-19 stimulus package that was intended to speed up the United States' recovery from the negative health and economic impacts of COVID-19. Indian River County received $31,063,168 in ARP funding. The County has until December 31, 2024 to encumber the funds, and until December 31, 2026 to fully exhaust all funding. ANAINSTS: The following table shows the proposed spending revisions per category. Spending Plan Expense Category Current Budget Proposed Revisions Revised Budget Respond to the Public Health Emergency $6,217,316 ($2,387,701) $3,829,615 Workers Performing Essential Work $918,770 $71 $918,841 Reduction in Revenues $5,920,447 1 $2,424,047 1 $8,344,494 391 Water/Sewer or Broadband $12,475,257 $0 $12,475,257 Infrastructure Constitutional Officer Expenses $5,531,378 ($36,417) $5,494,961 Total $31,063,168 $0 $31,063,168 Respond to the Public Health Emergency During the height of the pandemic, the County offered various housing, downpayment, and rehabilitation assistance programs funded with ARP dollars. Those programs have since sunset and a balance of $2,098,768 remains. In order to address the ongoing impact that COVID-19 had on the community, the County partnered with the United Way to fund $1,040,750 in mental health assistance, child abuse prevention and absentee diversion programs. The United Way has incurred costs of $780,563 in administering these programs and has a balance of $260,187 remaining. The Munis Modules to Support Teleworking, Consultant Services and IT Upgrade categories have a combined remaining total of $28,746 that is no longer needed to support these expenses. Staff proposes the remaining balance of $2,387,701 be reallocated in the spending plan to fund other eligiblepenses. Workers Performing Essential Work Staff is proposing an increase of $71 to this categ_ory to fund an overage in the final COVID- 19 Straight and Overtime budget. Water/Sewer or Broadband Infrastructure The Board originally approved $2,000,000 be allocated towards septic to sewer projects, specifically Roseland, West Wabasso, and Floravon. The Department of Utility Services has reauested the remaining balance of $310.960 in this catesory be reallocated to the South Countv Water Treatment Plant Enhancements category. This will allow the funding to be utilized on a Utilities project before the encumbrance deadline of December 31, 2024. Constitutional Officer Expenses The Property Appraiser and Tax Collector have unspent funds totaling $36,417 that they are returning to the County. Staff proposes these funds be reallocated in the spending plan to fund other eligible expenses. 392 Reduction in Revenues (Road Resurfacing & Restriying) As mentioned in previous ARP revisions, the County uses several forms of revenue to maintain, improve and construct roadways. Optional Sales Tax and Traffic Impact Fees are used for the capital improvements to roadways such as widening and adding turning lanes. These revenues cannot be used for general maintenance of roads, such as repaving and restriping, and thus Gas Tax revenues are used to fund these expenses. Unfortunately, Gas Tax revenues have steadily decreased over the past few years and are projected to continue decreasing as vehicles become more fuel efficient and electric vehicle purchases increase. Resurfacing the County's roadways has been limited due to the reduction of revenue. Additionally, materials for roadways are increasing at a record pace. The use of ARP monies to fund resurfacing and restriping projects would benefit the Gas Tax fund and provide the County the opportunity to fund additional projects, while accumulating the traditional Gas Tax revenues. Several large resurfacing projects have been paid for by ARP funds, which frees up funding for the ongoing maintenance of other county roads. This practice ultimately prolongs the unavoidable move to begin funding roadway maintenance with Transportation Fund dollars, which are largely funded by transfers from the General and M.S.T.U. ad valorem taxing funds. Staff is proposing $2,424,047 of unspent funding in the aforementioned categories be reallocated towards repaving and restriping_ Public Works have recently completed an assessment of all roads and will use these funds to repave and restripe the areas where the need is most critical. RECOMMENDATION: Staff recommends that the Board consider the proposed spending plan (see attachment) as further detailed above totaling $31,063,168, consider any changes, and approve the attached plan with any amendments as needed. Staff further proposes that any unencumbered funds in the proposed categories remaining as of December 1, 2024, be reallocated to Reduction in Revenues/Road Resurfacing and Restriping category in order to ensure all funds are encumbered by the December 31, 2024, deadline. ATTACHMENTS: ARP Proposed Spending Plan 393 00 to m Ln tA' ti vF c 0 u O Q O to -0 c O u V) qv ON M v v o o o o v 0 0 0 0 000000000000 0000 00 •n .n An An 0 v► V► .n V► tR an ,n an .n .n .n +n V► V► .n v► v► .n .n .n a a Ln m bo m n O C_ ren N N W 00 m 4A VI. N N E V► Y► 0) Or G 0to 0 0 0 0 0 0 ►V).V1• VV1. Vt4 00 N O N O V* vi. 0 0 0 0 0 0 0 0 0 0 0 0 VVV! VT VF V► V* Vi.V! V► V► 0000 F to VV4 V! O rg m v Ln W N N N tu Vi. .0 O V► E \ 7 Ol u c W 00 cn rl fn N ttoo D o n rl O N aoo n v lW0 m v� m to n coo 0 m 0 w 0 I^A �n-1 v 0 a aT to O N M M O O1 N r1 lA b C1 O M M e-1 O N O to N N O O M O N t? Oi O .•-i t0 n O a O r o0 01 vR N Oi ri tD O -i Lr O r, to tD Oi O Dl v1 O M N O M O r1 V W N 00 O V7• rI N n at a -4 N to V► N N N V1 in C) N v n O n 00 N 00 r1 V! N M 01 N n Vf n 0o 00 O Rt N t0 to N O V1. Vf t4 N N Vf N V! ! V► V! V1. V M in V1. 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NW to VI. to IOr1 o v n t° N to n to to O n r1 M m t6 rri N a m tri 00 0 0 0 d > M to M trF t/1 N R W -4 .-1 01 tD M in in O N rl ri M M d' d •+ O to to � CL w H o t eo a 0 0 a ai.+ ao00000o n Ovoto tor10000on00000 nn0o O c C n0cono rno0to .4rnv000c0000tno tAlnoo tD m M O O O M O n N 0 to M 01 0 0 0 0 .•i O O O n v N N O O N N O O u1 tD O O 00 O O 00 n to N O Iri tri tD o o V1 o n LR IA O O rrf m u en n 0 .-1 v 0 tr1 O O in a -i M N at N N N to O1 in w NN N N to O M .•-1 v n O n a N N V1. V* N M O N O V1 F n n 0 0 C 0 O to tD O C p D1 �.y` V V1 V1. Y1 V► V} V! w in in V1 V 4.4'.i N ko N' M N C Q V► V1• in Vk 4^ to An w VF to in N CL W 7 U Y VI o OJ N ` E °H' u Y N 00 N Y u u r w c c c o m c; v ar c 'D cu:o cu m L n u °1 N ani a o ai a' m o v° CL O > X a t10 m a 3 N C 'tn 'v1 E W O) ' Ol O 1`0 a W U Q W to m 01 - y to to Ocu M H C Y 7 ba 0-~+ �'' F Y Y in Y a w c E= O/ Y O E LL L G C C 0. H C N L VI U ` 7 0 Y III W G! c o. ° a m a > o a N N u a '1 U D o .0Ln Ch to Z m Wm N O N C c U m m _ >> 7 C O 0) > j iJ co m U C m O OdD O_ m 7 ~ Y ?) to N O) a 0 3 E d LL tEA m E a r 1! m N W W 7 C w c A m `-° « a) 3 Y c CL m L p d e� m W d = y 0) N N W U 7 () u d m L d > C E 7m o. ° O v1 d of o d aci c c 't � 1O d x a ° d c N_ LU v to O = �oa `1 d C C V N M _ m G o m ++ 3 a01e F° - qv ON M John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy Bunt, Assistant County Administrator I18 Administrator's Matters 11.5.2024 Office of the INDIAN RIVER COUNTY ADMINISTRATOR Zi RlI NTI- \ Iq C lI TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., County Administrator DATE: October 24, 2024 SUBJECT: Proposed Commission Meeting Dates for CY 2025 Background & Discussion Please review the following list of dates proposed for Calendar Year 2025 Board of County Commissioners Regular Meetings: January 14 January 28 February 11 March 11 March 25 April 8 May 6 July 1 September 23 November 18 May 20 July 15 October 7 December 9 June 3 August 19 October 21 February 25 April 22 June 17 September 9 November 4 As proposed, the meetings of January 28th, February 25th and March 25th would fall on the last Tuesday of each month. In order for this to occur, this proposed meeting schedule would require approval of an amendment to the Indian River County Code of Ordinances, more specifically Section 102.01 (1), which currently states, "There shall be no commission meeting on the last Tuesday of each month." 395 i' i Administrator's Matters 11.5.2024 II i' Separate from this agenda item, Permission to Advertise Public Hearing Amending Indian River County Code Sections is being sought to amend the County's Code. With the end of the calendar year is quickly approaching, Staff would like to seek the Board's approval of the proposed dates or otherwise guidance to revise them. The proposed calendar is subject to the approval of Section 102.01(1) being amended. Staff Recommendation Staff recommends approval of the proposed Board of County Commission Regular Meeting dates for the Calendar Year 2025 subject to approval of the necessary code amendment. 396 INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Kylie Yanchula, Natural Resources Director SUBJECT: Coastal Construction Access Policies DATE: October 23rd, 2024 DESCRIPTION AND CONDITIONS On January 31St, 2023, the Board of County Commissioners (BOCC) approved emergency beach access agreeme,ts for dune renourishment projects due to Hurricanes Ian and Nicole. Eleven (11) agreements ere executed, and the projects were completed. On March 5th, 2024, the BOCC received an addi ional request to close Tracking Station Beach for private construction use which was denied due insufficient information for approval. During the March 5th, 2024 meeting, the BOCC directed staff to develop a policy to consider similar requests in the future. The Natural Reso rces Department led an interdepartmental effort at drafting policy allowing for the private use f County property for coastal construction access while still balancing public access in collab ration with the Parks, Recreation and Conservation Department. Two policy documents were developed, one for non -emergency work titled "Private Use of County Property for Non -Emergency Coastal Construction Access", and a second for emergency work titled "Private Use of County Property for Emergency Coastal Construction Access". Both policies outline the eligibility criteria, application process, application fees, inspection procedures, internal review 'processes, approval authorities, use fees, and also provide a draft license agreement. The two policies were brought to the Beach & Shores Advisory Committee on October 7th, 2024 for input. The advisory comments were all considered and incorporated into the draft documents where appropriate. The policies are ready for consideration by the BOCC. RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners adopt the attached policy titled "Private Use of County Property for Non -Emergency Coastal Construction Access" upon concurrence by the County Attorney and establishes the BOCC as the authority to approve or deny requests under this policy. Staff recommends that the Indian River County Board of County Commissioners adopt the attached policy titled "Private Use of County Property for Emergency Coastal Construction Access" and establishes the County Administrator as the authority to approve or deny requests under this policy, and upon concurrence from the County Attorney, sign and execute license agreements pertaining to this policy. 397 Staff recommends that the Indian River County Board of County Commissioners adopt the attached resolution setting the fees in Exhibit A upon concurrence by the County Attorney. ATTACHMENTS i Private Use of County Property for Non -Emergency Coastal Construction Access Private Use of County Property for Emergency Coastal Construction Access Draft Resolution Exhibit A APPROVED AGENDA ITEM FOR: November 5, 2024 398 ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER EFFECTIVE DATE REVISION DATE SUBJECT PAGE 1 PRIVATE USE OF COUNTY PROPERTY FOR NON-EMERGENCY COASTAL CONSTRUCTION ACCESS Responsible Party- Natural Resources Department, Coastal Division; Parks and Recreation Department; Board of County Commissioners. Scope and Audience- This policy applies to private parties requesting use of County property for coastal construction project access. Additional Authority- Local (Town of Indian River Shores, City of Vero Beach, Town of Orchid), State (Florida Department of Environmental Protection) and Federal (United States Army Corps of Engineers) permitting agencies for coastal construction projects. Permit conditions shall apply to all approvals through this administrative policy. Definitions (as they relate to this policy): 1. Applicant- Individual submitting the "Application for Use of County Property by Private Entity for Coastal Construction Project Access" on behalf of the property owner. 2. Contractor- The licensed and insured contractor who shall be performing the dune construction activities on behalf of the property owner. 3. Owner- Person or entity in whom is vested in the ownership, dominion, or title of the property. 4. Project- The dune construction activityto take place on the owner's property shall be referred to as the "project." 5. Maintenance- Activities necessary to keep facilities and systems operational and in good working order. Generally, routine or recurring activities that consist of preservation but not improvement. 6. Emergency- Significant coastal erosion due to a weather event that puts upland infrastructure at risk. 7. Practicable Access- Alternative routes that do not impact public beach access that can be utilized to access the dune where the construction activity is to take place. Practicable shall not include financial disadvantages or inconvenience to the Owner as grounds to justify use of the County Property for coastal construction access. 1. Purpose This policy develops a process by which private entities may request use of County Property, including County beach parks, for coastal construction project access outside of emergency conditions (as defined above). Requests will be submitted for processing to the Natural Resources Department, Coastal Division, and brought to the Board of County Commissioners (BOCC) for approval. 399 ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER EFFECTIVE DATE REVISION DATE SUBJECT PAGE 2 PRIVATE USE OF COUNTY PROPERTY FOR NON -EMERGENCY COASTAL CONSTRUCTION ACCESS 2. Statement On March 5, 2024, the Board of County Commissioners directed staff to develop a process whereby private entities can request approval for use of County Property, including public County beach parks, for coastal construction project access. This direction was in recognition of the fact that private beach -front entities experience significant erosion events requiring remediation/restoration. These erosion events may result in those entities requesting use of County Propertyfor construction access purposes. A formal process is required so that the Board has sufficient information to determine whether the proposed use of County Property for coastal construction activities either reasonably or unreasonably affects the public and can make a determination on whether or not to authorize the requested use. This policy does not apply to ongoing, routine maintenance, for which access is the solo responsibility of the property owner. 0 Only beach -front coastal properties located within Indian River County, and in possession of a valid FDEP Coastal Co struction Control Line Permit, and/or other pertinent permit(s), shall be eligible for the use of this p licy. Coastal properties within municipal boundaries shall be required to obtain a letter of no obje tion from their local municipality prior to pursuing an access agreement with the County utilizing this policy. Projects must be constructed outside of the sea turtle nesting period of March 1St through' October 31St, unless approved construction permits contain sufficient conditions that allow an ex*tion. Only initial construction projects shall be considered, and only in situations where access through the construction site is not possible, and the property owner has demonstrated thI:licy. re is no practicable alternative for access. Ongoing or routine maintenance is not eligible for this p Under emergency conditions, the policy "Private Use of County Property for Emergency Coastal Construction Access" shall apply. Projects shall be considered on a first come first served basis. Only one of the eight public County beach parks maybe closed solely for private use at any one time to ensure adequate public access to coastal recreation/access resources. Additionally, the requested closure period cannot interfere with any scheduled or planned County activity. Maximum closure periods shall be 5 calendar days for parcels with less than 150 linear foot beach frontage, and 15 calendar days for parcels with greater than 150 linear foot beach frontage. Projects shall be completed by qualified, certified contractor(s) that meet the County's minimum insurance requirements. These requirements can be found in the sample license agreement in Attachment A. This policy permits access to the beach through the established beach access point. It does not permit access across the beach through private property. The Applicant is responsible for obtaining any additional legal access required for construction, and shall not rely on any beach easements that the County may have for surrounding private parcel owners. 400 ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER EFFECTIVE DATE REVISION DATE SUBJECT PAGE 3 PRIVATE USE OF COUNTY PROPERTY FOR NON -EMERGENCY COASTAL CONSTRUCTION ACCESS 4. Request Process Requests to utilize County Property for private coastal construction project access shall be submitted directlyto the Natural Resources Department, Coastal Division for facilitation through the approval process. The request shall be submitted on the "Application for Use of County Property by Private Entity for Coastal Construction Project Access" form. Complete applications shall include additional materials as specified in the "PRIVATE USE OF COUNTY PROPERTY FOR COASTAL CONSTRUCTION ACCESS APPLICATION CHECKLIST". These forms can be found in Appendix A of this policy. Please submit applications directly to Coastal@IndianRiver.gov. Incomplete submittals will not be considered. Upon receipt of the application form, the Coastal Division shall review and confirm the submitted application is complete, and if complete, shall schedule a site visit with the property owner and contractor to discuss the project and complete a dune inspection. After the site visit, the Coastal Division shall submit the application materials and inspection report for review by the applicable County departments which typically consist of Parks, Recreation, and Conservation Department, Risk Management Division, Public Works Department, and Emergency Services Department. The Coastal Division shall schedule the presentation of the application to the BOCC and notify the contractor and property owner of the meeting date. The Coastal Division shall present the application(s) on behalf of the Applicant(s). It is recommended that both the contractor and property owner(s) be present at the meeting to answer any additional questions which may arise. The Board will then',either approve or deny the application and subsequent closure of the County Property being utiliz d for the project access. Upon approval of the request, the Natural Resources Department shall fa ilitate the execution of a "License Agreement" for use of the County Property with the property o er's contractor. A sample "License Agreement" can be found in Appendix B. Prior to construction contractor for the Al proximity to the Cow closures. The locatic owning the roadway. Property. Upon the c schedule a post -con confirm restoration % the County shall issue public notification regarding the closure period. The licant shall be responsible for setting up a variable message board (VMB) in Property being utilized for construction identifying the times and dates of the of the VMB shall be subject to the approval of the County or local authority ie contractor shall also post the construction permit in a job box at the County npletion of construction and County Property restoration, the Applicant shall :ruction field review meeting with the Coastal Division to inspect the site and s performed in accordance with the License Agreement. In the event of an unforeseen emergency event, the County reserves the right to renegotiate the license agreement and closure periods. 401 ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER EFFECTIVE DATE REVISION DATE SUBJECT PAGE 4 PRIVATE USE OF COUNTY PROPERTY FOR NON -EMERGENCY COASTAL CONSTRUCTION ACCESS FEE SCHEDULE A $100.00 non-refundable application fee shall accompany the completed application packet. Should the License Agreement be granted by the BOCC, the County Property use fee shall be $1,000/day or $500/half day (deemed to include closure). Funds collected through this use fee shall be utilized solely for public beach park enhancements. A $10,000 construction bond shall be required prior to starting the project and shall be returned upon satisfactory restoration of the site. 402 ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER I EFFECTIVE DATE REVISION DATE SUBJECT PAGE 5 PRIVATE USE OF COUNTY PROPERTY FOR NON -EMERGENCY COASTAL CONSTRUCTION ACCESS APPENDIX A. FORMS 403 INDIAN RIVER COUNTY NATURAL RESOURCES DEPARTMENT 1801 27" Street, Vero Beach, FL 32960 PRIVATE USE OF COUNTY PROPERTY FOR COASTAL CONSTRUCTION ACCESS APPLICATION CHECKLIST The following items are required* with submission of your application package: ❑ Project Application ❑ Map and/or construction plans depicting project location, proposed County Property for use, hauling route and any pertinent temporary traffic control plans, equipment and rnaterials staging area(s), travel corridors to construction site, and proposed mobilization plan ❑ Proposed construction schedule ❑ Applicable Local Permits ❑ Applicable State Permits ❑ Applicable Federal Permits ❑ Contractor License ❑ Contractor Proof of Insurance ❑ Certificate of Trust (if applicable) ❑ Cor orate Resolution Demonstrating Signing Authority (if applicable) ❑ Contractor Signed License Agreement ❑ Application Fee Payment *Additional matelials may be requested on a case-by-case basis for final approval. Upon approval oFyour application by the Board of County Commissioners the follow items are required for receipt of executed license agreement: ❑ Dail l Fee Rate for Proposed Schedule ❑ Issued COI with the County added as an additional insured ❑ $10,00 Construction Bond 404 ''µ`N I " INDIAN RIVER COUNTY IFA NATURAL RESOURCES DEPARTMENT 'l-ORIN" 1801 27`h Street, Vero Beach, FL 32960 APPLICATION FOR USE OF COUNTY PROPERTY BY PRIVATE ENTITY FOR COASTAL CONSTRUCTION PROJECT ACCESS PROJECT PARCEL NUMBER OWNER'S NAME: PROJECT ADDRESS: ,. MAILING ADDRESS: 405 INDIAN RIVER COUNTY NATURAL RESOURCES DEPARTMENT ' 1801 27" Street, Vero Beach, FL 32960 COUNTY PROPERTY USE PLAN: (include.map.and-er. construction.plans.depicting. project.location?proposed. County.Property.for.use2 hauling.route.and.any. pertinent.temporary.traffic. control.plans?equipment.and. material(s)?.travel.corridors.to. i con struction.site?.proposed. mobilization.p[an?.and.any. other.pertinent.information.on. how.you.intend.to.use.the. County.Property):. i s t \Be.sure.to.attach.the.documents.required.in.the.checklist.in.this.application \\SIGNATURE.FORM.FOLLOWS.TH IS.PAGE 406 INDIAN RIVER COUNTY C113 NATURAL RESOURCES DEPARTMENT ' 1801 27`h Street Vero Beach FL 32960 SIGNATURE FORM OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. OWNER'S SIGNATURE: - -- ----__._ CONTRACTOR SIGNATURE: Acknowledgement for Person in an Individual Capacity OWNER CONTRACTOR State of Florida, County of The foregoing instrument was acknowledged before me by means of 'I physical presence or ❑ online notarization this day of 20 by who is ❑ personally known or ❑ produced identification Type of ID Produced Printed Name of Notary Signature of Notary Notary Seal State of Florida, County of The foregoing instrument was acknowledged before me by means of F1 physical presence or ❑ online notarization this day of 20 by who is ❑ personally known or ❑. produced identification Type of ID Produced Printed Name of Notary Signature of Notary Notary Seal Acknowledaement for Person in a Representative Capacity OWNER I CONTRACTOR State of Florida, County of The foregoing instrument was acknowledged before me by means of i-] physical presence or ❑ online notarization this day of 20 , by (Name of Person) as ( Explain Representative Capacity) for (Name of Party on Behalf of Whom Instrument was Executed). who is F personally known or C produced identification Type of ID Produced_ Printed Name of Notary Signature of Notary_ Notary Seal State of Florida, County of The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization this day of 20 , by (Name of Person) as ( Explain Representative Capacity) for (Name of Party on Behalf of Whom Instrument was Executed). who is , personally known or, produced identification Type of ID Produced _ Printed Name of Notary Signature of Notary Notary Seal 407 INDIAN RIVER COUNTY NATURAL RESOURCES DEPARTMENT 1801 27" Street Vero Beach FL 32960 COASTAL CONSTRUCTION PROJECT ACCESS REVIEW FOR STAFF USE ONLY Date of Field Visit: FDEP Erosion Conditions: Is Access Through Construction Site Possible? } (Be specific about potential ! hinderances) s Notes: Project Review: Question Eligible Ineligible 1. Are the proposed dates outside of sea turtle nesting season? Yes No Or are sufficient permit conditions set forth to allow for construction during sea turtle nesting season? 2. Is the County Property available during the proposed dates? Yes No 3. Have all the required permits been obtained? Yes No 4. Will this closure lead to more than 1 of the eight County No Yes beach parks closing at one time/date for the sole purpose of private use? 5. Will this closure result in a public beach park being closed No Yes for more than 5 days within the month (parcels with less than 150 linear foot beach frontage) or 15 days within the month (parcels greater than 150 linear foot beach frontage)? 6. Is the project for initial construction and/or emergency Yes No protective measures? 7. Does the contractor hold the insurance required for a Yes No license agreement? 8. Does staff recommend bringing the project to the board, Yes No based upon the submittal? 408 INDIAN RIVER COUNTY NATURAL RESOURCES DEPARTMENT 1801 27`h Street, Vero Beach, FL 32960 For projects deemed ineligible due to the questions above, describe revisions necessary to make the project eligible and provide directly to the Applicant. The Applicant may appeal this decision to the County Administrator within 10 working days pursuant to Indian River County Code Section 100.06 (1) (Thisdoes not include appeal of any denial made by the Board of County Commissioners) 409 APPENDIX B. SAMPLE LICENSE AGREEMENT 410 LICENSE AGREEMENT This Agreement entered into on this day of , 2024, between Indian River County (County), (Owner) and (Contractor), (Owner and Contractor shall be collectively referred to as "Licensee"), who are hereby authorized to temporarily use the established beach access point at (insert.description) ("County Property") for the limited purpose of locating certain heavy equipment onto the beach to perform emergency dune construction activities on the Owner's property. The terms of this agreement are in accordance with the Board adopted policy "Private Use of County Property for Emergency/Non-Emergency Coastal Construction Ac ess." and the requirements of the policy are hereby incorporated by reference. Use of the County Pr perty for this purpose is limited to between DATE to DATE between the hours of HOURS to HOUR (the for Period"), and is subject to the following terms and conditions: 1) Licensee shall pay a County Property use fee of $1000/day or $500/half day for the License Period. 2) Contractor shall operate all equipment, or cause all equipment to be operated, in a safe and prudent manner, adhering to all weight and traffic regulations (including but not Limited to vehicle speed and engine breaking) on all roadways, and in accordance with any measures deemed necessary for public safety by County staff. 3) Contractor shall (a) keep the gates to the County Property securely locked at all times excep when opened for the passage of Contractor's equipment, (b) manage in a timely and efficient manner any traffic issues that arise as a result of the Licensee's use of the County Property, and (c) prohibit any public vehicular or pedestrian use of the County Propejty during Licensee's dune construction activities. Contractor shall post "Beach Closed" signs at the County Property entrance during Licensee's construction activities. 4) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to perform the dune construction activities, shall be provided and installed by Contractor. Material/sand used for a sand ramp shall be consistent with the Natural Resources Department Coastal Engineering Division's "Indian River County — Beach Fill Specifications" which shall be provided to the Licensee with this License Agreement prior to execution. Any damage by Licensee to the County Property shall be repaired to the satisfaction of the County and at no cost to the County within a reasonable amount of time depending on the nature of the repair, but no later than 5 days after expiration of the license agreement, unless otherwise agreed upon by County. The agreed upon access route shall be inspected/videoed by County staff with the Licensee present, prior to the equipment mobilization to the identified County Property. Any sand placed to create the `ramp' is not to be removed, but to remain in place at the County Property and to be smoothed out such as to create a natural dune slope (3:1 vertical to horizontal grade, unless otherwise specified or approved by the Coastal Division). 5) In order to prepare the site for equipment access, the Contractor may place: Clean sand — consistent with requirements for Natural Resources Department Coastal Engineering Division's "Indian River County — Beach Fill Specifications", OR composite or steel mats — subject to acceptance by the Coastal Division; however, any placed material must be 411 removed by the Contractor as part of Site Restoration, except for the sand used for the `ramp' If the Contractor employs mats that break up under service loads during construction, the Contractor shall (a) remove all pieces of the broken mats, and (b) replace) the broken mats. 6) The Contractor shall restore any pavement striping, signage, vegetation (including dune vegetation), and County Property improvements that may have been damaged as a direct or indirect result of the construction activities to an equal or better condition upon completion of the work under this Agreement and demobilization of equipment, facilities, vehicles and crew from the County Property. These activities must be deemed complete and acceptable by County Staff prior to release of Licensee from Agreement requirements. 7) The County assumes no liability for loss of or damage to Contractor's equipment or personal property staged or stored at the County Property. Any such equipment or property shall be staged or stored at the sole risk of Contractor. All equipment shall be stored west of the vegetated dune line and shall be removed from the County Property prior to the expiration of the license period. 8) Contractor shall minimize construction impacts to residential communities in proximity to the worksite (i.e. work hours 7:30 AM to 5:30 PM, construction noise, equipment vibration, dump truck tailgate slamming, etc.). 9) Both Owner and Contractor, as Licensee, shall indemnify the County for any damage to County Property structures, roads, vegetation, or other County Property features resulting from the performance of the dune construction activities, or this Licensee Agreement. Any such damage shall be repaired to the satisfaction of the County, or Licensee shall pay the County the reasonable cost to repair any such damage as determined by the County. Licensee shall also indemnify and hold harmless the County, Commissioners, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused directly or indirectly by the negligence, recklessness, or intentional wrongful misconduct of the Licensee and persons employed or utilized by the Licensee in the performance of the dune and beach access repairs, or this License Agreement. Licensee's obligation to indemnify and hold harmless under this Agreement will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 10) Contractor shall post a $10,000 construction bond with the County prior to starting the project, which shall be returned to Contractor upon satisfactory completion of the project and the restoration of County Property. If Licensee fails to complete the project or fully restore County Property, County shall be entitled to complete the project and restoration, which shall be funded from the bond proceeds. In the event the bond proceeds are not adequate, Licensee shall be fully responsible for the amount to finish the project and/or restore the County Property. 412 11) Contractor shall maintain, or cause to be maintained, during the License Period, the insurance policies and coverage limits set forth: Insurance: • Contractor's and Subcontractor's Insurance: The Contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the insurance. • Worker's Compensation Insurance: The Contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Contractor shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The Contractor shall procure and maintain broad form commercial liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General (Public) Liability, other Commercial General than Automobile A. Premises/Operations B. Independent Contractors $1,000,000.00 Combined single limit for Bodily C. Products/Completed Operations Injury and Property Damage D. Personal Injury E. Contractual Liability F. Explosion, Collapse, and Underground Property Damage Automobile A. Non -Owned Automobiles B. Hired Automobiles $1,000,000.00 Combined single Bodily Injury C. Owned Automobiles and Damage Liability • Proof of Insurance: The Contractor shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by the contractor must state that the County will be given thirty(30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming County as Additional F 413 Name Insured must accompany the Certificate of Insurance. Insurance certificates attached hereto and incorporated by reference as Composite Exhibit `A'. 12) Licensee shall obtain all necessary local, state, and federal permits necessary for the dune construction activities and shall comply with all local, state, and federal laws, rules, regulations, policies, code and guidelines applicable to the project. Licensee shall perform its work in strict compliance with any permit issued for the project. If at anytime Licensee does not adhere to the permit conditions or above conditions, the County may order the work to immediately cease until Licensee brings the project into compliance or it mayimmediately terminate the License Agreement. Licensee's permits and application for use of County Property by a private entity for coastal construction project access are attached hereto and incorporated by reference as Composite Exhibit `A'. 13) Miscellaneous Provisions: Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Contractor or employees or subcontractors of the Contractor are in no way to be considered employees of the County but are independent contractors performing solely under the terms of the Agreement and not otherwise. b. Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or nderstandings of any nature whatsoever concerning the subject matter of he Agreement that are not contained in this document. Accordingly, it is greed that no deviation from the terms hereof shall be predicated upon any rior or contemporaneous representations or agreements, whether oral or ritten. No alteration, change, or modification of the terms of this Agreement hall be valid unless made in writing and signed by the Licensee and the ounty. c. Governing Law; Venue. This Agreement, including all attachments hereto, ;halt be construed accordingto the laws of the State of Florida. Venue for any I awsuit brought by either party against the other party or otherwise arising out fthis Agreement shall be in Indian River County, Florida, or, in the event of deral jurisdiction, in the United States District Court for the Southern istrict of Florida. d. Remedies; No Waiver. Alt remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other r of any other remedy available to either party, at law or in equity. Each right, ower and remedy of the parties provided for in this Agreement shall be a�umuLative and concurrent and shall be in addition to every other right, power r remedy provided for in this Agreement or now or hereafter existing at law 414 or inequity or by statute or otherwise. The failure of either party to insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. e. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. f. Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by Contractor shall survive the termination or expiration of this Agreement. g. Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested atthe addresses of the parties shown below: Indian River County Attn : 1801 27th Street Vero Beach, FL 32960-3365 Contractor: Owner: Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. 415 SIGNATURE PAGE FOLLOWS 416 LICENSEE OWNER NAME TITLE Witnessed by: Signature: Printed Name: CONTRACTOR NAME TITLE Witnessed by: Signatu Printed Name: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS John A. Titkanich, Jr., County Administrator Approved/Ratified by BOCC Date: Signatu Printed Name: Date: Signature: Printed Name: Date: 417 ATTEST: By: Ryan L. Butter, Clerk of Court and Comptroller Approved as to Form and Legal Sufficiency: Date: County Attorney 418 ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER EFFECTIVE DATE REVISION DATE SUBJECT PAGE 1 PRIVATE USE OF COUNTY PROPERTY FOR EMERGENCY COASTAL CONSTRUCTION ACCESS Responsible Party- Natural Resources Department, Coastal Division; Parks and Recreation Department; Board of County Commissioners. Scope and Audience- This policy applies to private parties requesting use of County Property for coastal construction project access to address significant erosion due to weather events that put upland infrastructure at imminent risk. Additional Authority- Local (Town of Indian River Shores, City of Vero Beach, Town of Orchid), State (Florida Department of Environmental Protection) and Federal (United States Army Corps of Engineers) permitting agencies for coastal construction projects. Permit conditions shall apply to all approvals through this administrative policy. Definitions (as they relate to this policy): 1. Applicant- Individual submitting the "Application for Use of County Property by Private Entity for Coastal Construction Project Access" on behalf of the property owner. 2. Contractor- The licensed and insured contractor who shall be performing the dune construction activities on behalf of the property owner. 3. Owner- Person or entity in whom is vested in the ownership, dominion, or title of the property. 4. Project -The dune construction activity to take place on the owner's property shall be referred to as the "project:' 5. Maintenance- Activities necessary to keep facilities and systems operational and in good working order. Generally, routine or recurring activities that consist of preservation but not improvement. 6. Emergency- Significant coastal erosion due to a weather event that puts upland infrastructure at risk. 7. Practicable Access- Alternative routes that do not impact public beach access that can be utilized to access the dune where the construction activity is to take place. Practicable shall not include financial disadvantages or inconvenience to the Owner as grounds to justify use of the County Property for coastal construction access. 8. Imminent Risk- A condition where infrastructure is damaged or is likely to be damaged due to coastal erosion. This policy develops a process by which private entities may request use of County Property, including County beach parks, for coastal construction project access to protect upland infrastructure that is at risk as a result of an emergency leading to coastal erosion. Requests will be 419 o� \ ORW_ ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER EFFECTIVE DATE REVISION DATE SUBJECT PAGE 2 P1tIVATE USE OF COUNTY PROPERTY FOR EMERGENCY COASTAL CONSTRUCTION ACCESS submitted for processing to the Natural Resources Department, Coastal Division, and approved through the County Administrator. 2. Staterne On March 5, 202 the Board of County Commissioners directed staff to develop a process whereby private entities c; n request approval for use of County Property for coastal construction project access. This direction was in recognition of the fact that private beach -front entities experience significant erosi Inal activities requiring remediation/restoration activities which may include requesting use 0 , County Property for such construction access purposes, and there is no formal process to facilitate these requests. A formal process is required so that the Board has sufficient information to determine whether the proposed use of County Property for coastal construction activities either reasonably or unreasonably affects the public and can make a determination on whether or not to authorize the requested use. This policy does not apply to ongoing, routine maintenance, forwhich access is the sole responsibility of the property owner. 3. Eligibility Only beach -front coastal properties located within Indian River County, and in possession of a valid FDEP Coastal Construction Control Line Permit, FDEP Emergency Field Permit, and/or other pertinent permit(s) shall be eligible for the use of this policy. Coastal properties within municipal boundaries shall be required to obtain a letter of no objection from their local municipality prior to pursuing an access agreement with the County utilizing this policy. Projects shall not adversely affect hardbottom or coral reef communities, seagrass communities or functional marine turtle nesting habitat that existed before the storm and shall not contribute to erosion of adjacent properties. This policy pertains solely to coastal construction to address significant erosion due to weather events that put upland infrastructure at imminent risk. This policy shall go into effect starting with a declared local state of emergency and terminate upon the opening of beach accesses to the Public or upon termination of the FDEP Emergency Order whichever is sooner. Under non -emergency conditions, the policy "Private Use of County Property for Non -emergency Coastal Construction Access" shall apply. Projects shall be considered on a first come, first ready basis. The requested closure period cannot interfere with County emergency repair work. Closure for private use shall occur either immediately before or immediately after the County emergency repairs to minimize public impacts. Maximum closure periods shall be dependent upon the total extent of the coastal damages and availability of resources for construction. Generally, closure periods shall be 5 calendar days for parcels with less than 150 linear foot beach frontage, and 15 calendar days for parcels with greater than 150 linear foot beach frontage. 420 ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER EFFECTIVE DATE REVISION DATE SUBJECT PAGE 3 PRIVATE USE OF COUNTY PROPERTY FOR EMERGENCY COASTAL CONSTRUCTION ACCESS Projects shall be completed by qualified, certified contractor(s) that meet the County's minimum insurance requirements. These requirements can be found in the sample license agreement in Attachment A. This policy permits access to the beach through the established beach access point. It does not permit access across the beach through private property. The Applicant is responsible for obtaining any additional legal access required for construction, and shall not rely on any beach easements that the County may have for surrounding private parcel owners. 4. Request Process Requests to utilize County Property for private coastal construction project access shall be submitted directlyto the Natural Resources Department, Coastal Division for facilitation through the approval process. The request shall be submitted on the "Application for Use of County Property by Private Entity for Coastal Construction Project Access" form. Complete applications shall include additional materials as specified in the "PRIVATE USE OF COUNTY PROPERTY FOR COASTAL CONSTRUCTION ACCESS APPLICATION CHECKLIST (EMERGENCY)". These forms can be found in Appendix A of this policy. Please submit applications directly to Coastal@IndianRiver.gov. Incomplete submittals will not be considered. Upon receipt of the application form, the Coastal Division shall review and confirm the submitted application is complete, and if complete, shall schedule a site visit with the property owner and contractor to discuss the project and complete a dune inspection. After the site visit, the Coastal Division shall submit the application materials and inspection report for review by the applicable County departments for review which typically consist of Parks, Recreation, and Conservation Department, Risk Management Division, Public Works Department, and Emergency Services Department. The Coastal Division shall present the application(s) on behalf of the Applicant(s) to the County Administrator for approval. The County Administrator will then either approve or deny the application and if applicable the subsequent closure of the County Property being utilized for the project access. Upon approval of the request, the Natural Resources Department shall facilitate the execution of a "License Agreement" for use of the County Property with the property owner's contractor. A sample "License Agreement" can be found in Appendix B. Prior to construction, the contractor shall post the construction permit in a job box at the County Property. The contractor for the Applicant shall be responsible for setting up a variable message board (VMB) in proximity to the County Property being utilized for construction identifying the times and dates of the closures. The location of the VMB shall be subject to the approval of the County or local authority owning the roadway. Upon the completion of construction and County Property restoration, the Applicant shall schedule a post -construction field review meeting with the Coastal 421 ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER EFFECTIVE DATE REVISION DATE SUBJECT PAGE 4 PRIVATE USE OF COUNTY PROPERTY FOR EMERGENCY COASTAL CONSTRUCTION ACCESS Division to inspect the site and confirm restoration was performed in accordance with the License Agreement. 5 FEE SCHEDULE A $100.00 non-refundable application fee shall accompany the completed application packet. Should the License Agreement be granted by the County Administrator, the County Property use fee shall be $500/day or $250/half day (deemed to include closure). Funds collected through this use fee shall be utilized solely for public beach park enhancements. A$10,000 construction bond shall be required prior to starting the project and shall be returned upon satisfactory restoration of the site. 422 ADMINISTRATIVE POLICY NATURAL RESOURCES NUMBER EFFECTIVE DATE REVISION DATE SUBJECT PAGE 5 PRIVATE USE OF COUNTY PROPERTY FOR EMERGENCY COASTAL CONSTRUCTION ACCESS APPENDIX A. FORMS 423 �`ERCOG INDIAN RIVER COUNTY K NATURAL RESOURCES DEPARTMENT 1801 27" Street, Vero Beach, FL 32960 �OR1D� PRIVATE USE OF COUNTY PROPERTY FOR COASTAL CONSTRUCTION ACCESS APPLICATION CHECKLIST (EMERGENCY) The following items are required* with submission of your application package: ❑ Project Application ❑ Map and/or construction plans depicting project location, proposed County Property for use, hauling route and any pertinent temporary traffic control plans, equipment and materials staging area(s), travel corridors to construction site, and proposed mobilization plan ❑ Prop sed construction schedule ❑ Appl' able Local Permits ❑ Appi' able State Permits ❑ Appli, able Federal Permits ❑ Contractor License ❑ Contractor Proof of Insurance ❑ Certificate of Trust (if applicable) ❑ Corporate Resolution Demonstrating Signing Authority (if applicable) ❑ Contractor Signed License Agreement ❑ Application Fee Payment *Additional materials maybe requested on a case-by-case basis for final approval. Upon approval of your application by the County Administrator the follow items are required for receipt of executed license agreement: ❑ DailyFee Rate for Proposed Schedule ❑ Issued COI with the County added as an additional insured ❑ $10,000 Construction Bond 424 INDIAN RIVER COUNTY NATURAL RESOURCES DEPARTMENT ` 1801 27`h Street, Vero Beach, FL 32960 APPLICATION FOR USE OF COUNTY PROPERTY BY PRIVATE ENTITY FOR COASTAL CONSTRUCTION PROJECT ACCESS PROJECT PARC NUMBER v OWNER'S NAM PROJECTADDR SS: MAILING ADDRS:�� COUNTY PROPERTY REQUESTED: PROPOSED CONSTRUCTION SCHEDULE: DATES AND TIMES OF PROPOSED CLOSURE: 425 INDIAN RIVER COUNTY NATURAL RESOURCES. DEPARTMENT ` 1801 27`h Street, Vero Beach, FL 32960 COUNTY PROPE TY USE PLAN: - (include.map.an -w. construction.pla s.depicting. project.location?proposed. County.Propertyior.use? h a u li n g.ro ute .and .any. pertinent.temporary.traffic. control.plans?equipment.and. j material(s)?travel.corridors.to. construction.site?proposed. mobilization.plan2and.any. other.pertinent.information.on. how.you.intend.to.use.the. County.Property) f \Be.sure.to.attach.the.documents.required.in.the.checklist.in.this.application \\SIGNATURE.FORM.FOLLOWS.THIS.PAGE 426 INDIAN RIVER COUNTY NATURAL RESOURCES DEPARTMENT 1801 27" Street, Vero Beach, FL 32960 SIGNATURE FORM OWNER'S AFFIDAVIT: I certify that all the foregoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. OWNER'S SIGNATURE: CONTRACTOR - - SIGNATURE: Acknowledgement for Person in an Individual Capacity OWNER CONTRACTOR State of Florida, County of State of Florida, County of The foregoing instrument was acknowledged The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ before me by means of 'I physical presence or ❑ online notarization this day of online notarization this day of 20 20 by by who is ❑ personally known or C produced who is ❑ personally known or ❑ produced identification identification Type of ID Produced Type of ID Produced Printed Name of Notary Printed Name of Notary Signature of Notary Signature of Notary Notary Seal Notary Seal Acknowledgement for Person in a Representative Capacity OWNER CONTRACTOR State of Florida, County of State of Florida, County of The foregoing instrument was acknowledged The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ before me by means of ❑ physical presence or ❑ online notarization this day of online notarization this day of 20 , by 20 , by (Name of Person) as (Name of Person) as ( Explain Representative Capacity) for ( Explain Representative Capacity) for (Name of Party on (Name of Party on Behalf of Whom Instrument was Executed). Behalf of Whom Instrument was Executed). who is ❑ personally known or F -i produced who is ❑ personally known or ❑ produced identification identification Type of ID Produced Type of ID Produced Printed Name of Notary Printed Name of Notary Signature of Notary Signature of Notary Notary Seal Notary Seal 427 w`kR�o INDIAN RIVER COUNTY NATURAL RESOURCES DEPARTMENT 1801 271h Street, Vero Beach, FL 32960 COASTAL CONSTRUCTION PROJECT ACCESS REVIEW FOR STAFF USE ONLY Project Review: Question Eligible Ineligible 1. Is there a qualifying emergency and does the Applicant meet the conditions of this policy? Yes No 2. Is the County Property available during the proposed dates? Yes No 3. Have all the required permits been obtained? Yes No 4. Is the project to address significant erosion due to weather events that put upland infrastructure at imminent risk? Yes No 5. Does the contractor hold the insurance required for a License agreement? Yes No 6. Does staff recommend bringing the project to the County Administrator based upon the submittal? Yes No For projects deemed ineligible due to the questions above, describe revisions necessary to make the project eligible and provide directly to the Applicant. The Applicant may appeal this decision to the Board of County Commissioners. 428 APPENDIX B. SAMPLE LICENSE AGREEMENT ;8 429 LICENSE AGREEMENT This Agreement entered into on this _ day of County (County) and Contractor (Owner) and , 2024, between Indian River (Contractor), (Owner shall be collectively referred to as "Licensee"), who are hereby authorized to temporarily use the established beach access point at (insert.description) ("County Property") for the limited purpose of locating certain heavy equipment onto the beach to perform emergency dune construction activities on the Owner's property. The terms of this agreement are in accordance with the Board adopted policy "Private Use of County Property for Emergency/Non-Emergency Coastal Construction Access," and the requirements of the policy are hereby incorporated by reference. Use of the County Property for this purpose is limited to between DATE to DATE between the hours of HOURS to HOURS (the "License Period"), and is subject to the following terms and conditions: 1) Licensee shall pay a County Property use fee of $500/day or $250/half day for the License Period. 2) Contractor shall operate all equipment, or cause all equipment to be operated, in a safe and prudent manner, adhering to all weight and traffic regulations (including but not Limited to vehicle speed and engine breaking) on all roadways, and in accordance with any measures deemed necessary for public safety by County staff. 3) Contractor shall (a) keep the gates to the County Property securely locked at all times except when opened for the passage of Contractor's equipment, (b) manage in a timely and efficient manner any traffic issues that arise as a result of the Licensee's use of the County Property, and (c) prohibit any public vehicular or pedestrian use of the County Property during Licensee's dune construction activities. Contractor shall post "Beach Closed" signs at the County Property entrance during Licensee's construction activities. 4) Any sand needed to establish a "sand ramp" for equipment to access the beach, or to perform the dune construction activities, shall be provided and installed by Contractor. MateriaUsand used for a sand ramp shall be consistent with the Natural Resources Department Coastal Engineering Division's "Indian River County — Beach Fill Specifications" which shall be provided to the Licensee with this License Agreement prior to execution. Any damage by Licensee to the County Property shall be repaired to the satisfaction of the County and at no cost to the County within a reasonable amount of time depending on the nature of the repair, but no later than 5 days after expiration of the License agreement, unless otherwise agreed upon by County. The agreed upon access route shall be inspected/videoed by County staff with the Licensee present, prior to the equipment mobilization to the identified County Property. Any sand placed to create the `ramp' is not to be removed, but to remain in place at the County Property and to be smoothed out such as to create a natural dune slope (3:1 vertical to horizontal grade, unless otherwise specified or approved by the Coastal Division). 5) In order to prepare the site for equipment access, the Contractor may place: Clean sand — consistent with requirements for Natural Resources Department Coastal Engineering Division's "Indian River County — Beach Fill Specifications", OR composite or steel mats — subject to acceptance by the Coastal Division; however, any placed material must be 430 removed by the Contractor as part of Site Restoration, except for the sand used for the `ramp'. If the Contractor employs mats that break up under service loads during construction, the Contractor shall (a) remove all pieces of the broken mats, and (b) replace the broken mats. 6) The Contractor shall restore any pavement striping, signage, vegetation (including dune vegetation), and County Property improvements that may have been damaged as a direct or indirect result of the construction activities to an equal or better condition upon completion of the work underthis Agreement and demobilization of equipment, facilities, vehicles and crew from the County Property. These activities must be deemed complete and acceptable by County Staff prior to release of Licensee from Agreement requirements. 7) The County assumes no liability for loss of or damage to Contractor's equipment or personal property staged or stored at the County Property. Any such equipment or property shall be staged or stored at the sole risk of ;Contractor. All equipment shall be stored west of the vegetated dune line and shall be Iemoved from the County Property prior to the expiration of the license period. 8) Contractor shall minimize construction impacts to residential communities in proximity to the worksite (i.e. work hours 7:30 AM to 5:30 PM, construction noise, equipment vibration, dump truck tailgate slamming, etc.). 9) Both Owner and Contractor, as Licensee, shall indemnify the County for any damage to County Property structures, roads, vegetation, or other County Property features resulting from the performance of the dune construction activities, or this Licensee Agreement. Any such damage shall be repaired to the satisfaction of the County, or Licensee shall pay the County the reasonable cost to repair any such damage as determined by the County. Licensee shall also indemnify and hold harmless the County, Commissioners, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused directly or indirectly by the negligence, recklessness, or intentional wrongful misconduct of the Licensee and persons employed or utilized by the Licensee in the performance of the dune and beach access repairs, or this License Agreement. Licensee's obligation to indemnify and hold harmless under this Agreement will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. 10) Contractor shall post a $10,000 construction bond with the County prior to starting the project, which shall be returned to Contractor upon satisfactory completion of the project and the restoration of County Property. If Licensee fails to complete the project or fully restore County Property, County shall be entitled to complete the project and restoration, which shall be funded from the bond proceeds. In the event the bond proceeds are not adequate, Licensee shall be fully responsible for the amount to finish the project and/or restore the County Property. 431 11) Contractor shall maintain, or cause to be maintained, during the License Period, the insurance policies and coverage limits set forth: Insurance: • Contractor's and Subcontractor's Insurance: The Contractor shall not commence work until they have obtained all the insurance required under this section, and until such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work until the subcontractor has obtained the insurance required for a contractor herein and such insurance has been approved unless the subcontractor's work is covered by the protections afforded by the insurance. • Worker's Compensation Insurance: The Contractor shall procure and maintain worker's compensation insurance to the extent required by law for all their employees to be engaged in work under this contract. In case any employees are to be engaged in hazardous work under this contract and are not protected under the worker's compensation statute, the Contractor shall provide adequate coverage for the protection of such employees. • Public Liability Insurance: The Contractor shall procure and maintain broad form commercial liability insurance (including contractual coverage) and commercial automobile liability insurance in amounts not less than shown below. The County shall be an additional named insured on this insurance with respect to all claims arising out of the operations or work to be performed. Commercial General (Public) Liability, other Commercial General than Automobile A. Premises/Operations B. Independent Contractors $1,000,000.00 Combined single limit for Bodily C. Products/Completed Operations Injury and Property Damage D. Personal Injury E. Contractual Liability F. Explosion, Collapse, and Underground Property Damage Automobile A. Non -Owned Automobiles B. Hired Automobiles $1,000,000.00 Combined single Bodily Injury C. Owned Automobiles and Damage Liability • Proof of Insurance: The Contractor shall furnish the County a certificate of insurance in a form acceptable to the County for the insurance required. Such certificate or an endorsement provided by the contractor must state that the County will be given thirty (30) days written notice prior to cancellation or material change in coverage. Copies of an endorsement -naming County as Additional Name Insured must accompany the Certificate of Insurance. Insurance 432 certificates attached hereto and incorporated by reference as Composite Exhibit `A'. 12) Licensee shall obtain all necessary local, state, and federal permits necessary for the dune construction activities and shall complywith all local, state, and federal laws, rules, regulations, policies, code and guidelines applicable to the project. Licensee shall perform its work in strict compliance with any permit issued for the project. If at anytime Licensee does not adhere to the permit conditions or above conditions, the County may order the work to immediately cease until Licensee brings the project into compliance or it may immediately terminate the License Agreement. Licensee's permits and application for use of County Property by a private entity for coastal construction project access are attached hereto and incorporated by reference as Composite Exhibit `A'. 13) Miscellaneous Provisions: a. Independent Contractor. It is specifically understood and acknowledged by the parties hereto that the Contractor or employees or subcontractors of the Contractor are in no way to be considered employees of the County but are independent contractors performing solely under the terms of the Agreement and not otherwise. b. Merger; Modification. This Agreement incorporates and includes all prior and contemporaneous negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein and the parties agree that there are no commitments, agreements, or understandings of any nature whatsoever concerning the subject matter of the Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior or contemporaneous representations or agreements, whether oral or written. No alteration, change, or modification of the terms of this Agreement shall be valid unless made in writing and signed by the Licensee and the County. c. Governing Law; Venue. This Agreement, including all attachments hereto, shall be construed according to the laws of the State of Florida. Venue for any Lawsuit brought by either party against the other party or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of federal jurisdiction, in the United States District Court for the Southern District of Florida. d. Remedies; No Waiver. All remedies provided in this Agreement shall be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shalt be in addition to every other right, power or remedy provided for in this Agreement or now or hereafter existing at law or in equity or by statute or otherwise. The failure of either party to insist upon 433 compliance by the other party with any obligation, or exercise any remedy, does not waive the right to so in the event of a continuing or subsequent delinquency or default. A party's waiver of one or more defaults does not constitute a waiver of any other delinquency or default. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, each party shall bear its own costs. e. Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable for the remainder of this Agreement, then the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable shall not be affected, and every other term and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. f. Survival. Except as otherwise expressly provided herein, each obligation In this Agreement to be performed by Contractor shall survive the termination or expiration of this Agreement. g. Notices: Any notice, request, demand, consent, approval, or other communication required or permitted by this Agreement shall be given or made in writing and shall be served, as elected by the party giving such notice, by any of the following methods: (a) Hand delivery to the other party; (b) Delivery by commercial overnight courier service; or (c) Mailed by registered or certified mail (postage prepaid), return receipt requested atthe addresses of the parties shown below: Indian River County Attn: 1801 27th Street Vero Beach, FL 32960-3365 Contractor: Owner: Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that facsimile transmissions received (i.e., printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next day that is not a weekend day or a holiday. The original of the notice must additionally be mailed. Either party may change its address, for the purposes of this section, by written notice to the other party given in accordance with the provisions of this section. SIGNATURE PAGE FOLLOWS 434 LICENSEE OWNER NAME TITLE Witnessed by: Signature: Printed Name: CONTRACTOR NAME TITLE Witnessed by: Signature: Printed Name: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS John A. Titkanich, Jr., County Administrator Approved/Ratified by BOCC Date: Signature: Printed Name: Date: Signature: Printed Name: Date: 435 ATTEST: By: Ryan L. Butler, Clerk of Court and Comptroller Approved as to Form and Legal Sufficiency: Date: County Attorney 436 RESOLUTION- 2024 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ESTABLISHING FEE SCHEDULE FOR PRIVATE USE OF COUNTY PROPERTY FOR NON -EMERGENCY AND EMERGENCY COASTAL CONSTRUCTION ACCESS WHEREAS, the Board of County Commissioners ("Board") has the authority to establish rates and fees pursuant to Florida Statutes Chapter 125; and WHEREAS, the Board desires to establish a fee schedule for private use of County Property for non -emergency and emergency coastal construction access NOW, THEREFORE BE IT RESOLVED that the Indian River County Board of County Commissioners adopts the attached Indian River County Natural Resources Department Private Use of County Property for Non -Emergency and Emergency Coastal Construction Access Fee Schedule (see Exhibit "A"). The foregoing Resolution was moved for adoption by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Joseph H. Earman Commissioner Deryl Loar Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this _day of 2024. 437 RESOLUTION- 2024 INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Susan Adams, Chairman Attest: Ryan L. Butler, Clerk of Court and Comptroller LM Deputy Clerk Approved as to form and legal sufficiency: Jennifer Shuler County Attorney Approved: John A. Titkanich, Jr. County Administrator 438 Exhibit A INDIAN RIVER COUNTY NATURAL RESOURCES DEPARTMENT Private Use of County Property for Non -Emergency and Emergency Coastal Construction Access Fee Schedule Applicable Policy Application Fee Half Day Full Da Private Use of County Property for Non- $100 $500 $1000 Emergency Coastal Construction Access Private Use of County Property for $100 $250 $500 Emergency Coastal Construction Access 439 11/22/2024 History January 31, 2023- KC approved emergency beach access agreements for dune renourishment projects due to Hurricanes Ian and Nicole ii agreements were executed and projects completed On March 5, 2024 the BCC considered an additional request to close Tracking Station Beach for private constriction use which was denied due to insufficient information for approval The Board directed staff to create a policy for future requests for beach closures 0q..1 11/22/2024 a Why create a policy? q3q 2 11/22/2024 Two policies drafted .. Private Use of County Property For Private Use of County Property For Non-; Emergency Coastal Construction Access Emergency Coastal Construction Access ac, htated b Natural Resources Y.... Facilitated by Natural Resourc { p lff-Ap�provedbyCountyAdministrator "- Approved by the BCC EX�pplies during emergency, defined as Significant coastal erosion due to a weathers Applies during non -emergency conditions for initial construction projects event that puts upland infrastructure atnsk..`, Maintenanceactivities ineligibAv,. Application Process 11/22/2024 Eligibility Criteria Non -Emergency permit conditions set forth to allow cons JiLld z - Is the County Property available during the proposed dates? Yes No Have all the required permits been obta Will this closure lead to more than 1 of the 8 County beach parks closing atone No Yes time/date for the sole purpose of private use? for initial construction? Does staff recommend bringing the project to the BCC based:upon the submittal?.: Yes NQ: Eligibility Criteria Emergency conditions of this policy? Is the County Property available during the proposed dates? Yes No:- Have o:_Have all the required permits been obtained? Is this project for initial construction and/or emergency protective Yes No measures? Does the contractor hold the insurance required for a lice agreement? Does staff recommend bringing the project to the Count Yes No. 9� 9 P J Y -' Administrator based upon the submittal? Approval Process Sso,000 construction X= Presented to BCC Upon approval - (non -emergency) License Agreement or si,000/day or County Administrator s5oo/half day (emergency) 11 Emergency— s5oo/day or s25o/half day 11/22/2024 Sso,000 construction Use fee bond Non -emergency - si,000/day or s5oo/half day Emergency— s5oo/day or s25o/half day 11/22/2024 Prior, Contractor shall: Post construction permit in job box Put up Variable Message Board notifying public of closure Secure site to protect public and start site prep Assume liability During, Contractor shall: Complete work in strict compliance with permit conditions Utilize County beach sand specifications Minimize impacts to County Property After, Contractor shall: Complete site restoration to satisfaction of County to an equal or better than condition Complete inspection with County for sign off Board of County Commissioners adopt: • Policy titled "Private Use of County Property for Non- Emergency Coastal Construction Access" • BOCC as authority to approve or deny requests Staff • Policy titled "Private Use of County Property for Emergency Coastal Construction Access" Recommendations . County Administrator as authority to approve or deny requests • The resolution setting the fees associated with these policies Alternative recommendation: • Board direct staff 11/22/2024 11/22/2024 M Complete Application Requirements P o;,-. 1County Pro[ Justification Property Being Const Pr' Requested Sch, :es &TimesPr County Prop _ ,� Proposed Prop(� rtylse s:Loo Fee Per Closure Plan Contractor Proof of License License Insurance Agreement , 7 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Conservation Lands Division DEPARTMENTAL AGENDA BCC Meeting 11-5-2024 Date: October 4, 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, Assistant Director Parks & Conservation Subject: Approval to Record a Restrictive Covenant Declaring Jones' Pier Bungalow Federal Hazard Mitigation Assistance and Perpetual Maintenance of Flood Insurance BACKGROUND: The historic Jones' Pier bungalow/house, originally constructed in the 1920's, was inundated with approximately 7-9 inches of water for an extended period of time after the passing of Hurricane Matthew in 2016. The purchase agreement between the County and Florida Communities Trust requires renovation of the bungalow into an Interpretive Center showcasing historical elements of Jungle Trail and the Jones family. Following Hurricane Matthew, the County applied for Hazard Mitigation grant funding from the Florida Department of Emergency Management (FDEM) to elevate the structure and provide increased durability against future storms. The estimated project cost of $78,981.00 was funded by the FDEM in June 2021. In November 2022 the Board approved a Job Order Contract (JOC) in the amount of $460,629.70 to complete the elevation of the bungalow. Construction was completed in January 2023. Upon review of the final construction cost, the FDEM notified the County that the project cost for the Hazard Mitigation grant was eligible to be increased to $456,121.00. A modified FGDEM grant agreement including the revised project cost was approved by the Board on August 15, 2023. In order to receive funding for the project, the County agreed to provide perpetual flood insurance for the bungalow. The FDEM project includes the construction of concrete entry steps and additional structural work to the floor of the bungalow. The JOC elevation project did not include these items within the scope of work. The subsequent bid for the renovation of the bungalow was awarded by the Board in November 2023. The renovation was deemed substantially complete on September 30, 2024. DESCRIPTION AND CONDITIONS: The close-out documentation to receive reimbursement of grant monies includes a requirement to provide current flood insurance certificates to the FDEM. In addition, the close-out requires that documentation of flood insurance requirements (Attachment #1) be recorded by the Clerk of the Court. 440 FUNDING: Funding for recording fees in the amount of $35.50 will come from the Optional Sales Tax/Parks/Jones Pier Improvements account, number 31521072-066510-18010. Account Description Account Number Amount Optional Sales Tax/Parks/Jones Pier Improvements 31521072-066510-180190 $35.50 RECOMMENDATION: Staff respectfully requests approval to record a restrictive Covenant Declaring Jones' Pier Bungalow Federal Hazard Mitigation Assistance and Perpetual Maintenance of Flood Insurance (Attachment #1). ATTACHMENTS! Mitigation Assistance 441 Prepared by and return to: Office of County Attorney 1840 2511 Street Vero Beach, FL 32960 (772) 567-8000, Ext. 1425 RESTRICTIVE COVENANT Indian River County, a political subdivision of the state of Florida, whose mailing address is is the owner of that parcel of land described as: See Exhibit "A" Attached Hereto pursuant to the Warranty Deed recorded at official records book 2292, page 2170. Indian River County as the owner of the property hereby declares that this property has received Federal hazard mitigation assistance. Federal Law requires that flood insurance coverage on this property must be maintained during the life of the property regardless of transfer of ownership of such property, pursuant to 41 U.S.C. §5154a, failure to maintain flood insurance on this property may prohibit the owner from receiving Federal disaster assistance with respect to this property in the event of a flood disaster. The property owner is also required to maintain this property in accordance with the floodplain management criteria of 44 CFR 60.3 and City/County Ordinances. These restrictions are declared to touch and concern and run with the land as a restrictive covenant over and above any local government land development regulations. IN WITNESS of this Declaration of Restrictive Covenant, we hereunto set our hands this day of , 2024. Signed in the presence of the following witnesses: sign: print name: Address: sign: print name: Address: Susan Adams, Chairman of Indian River County Board of County Commissioners Address: 1801 27th Street Vero Beach, FL 32960 442 STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing physical presence, or by , as instrument was acknowledged before me by mean; online notarization, this day of . Who is personally known to who has produced SEAL: as identification. NOTARY PUBLIC printed name: Commission No.: Commission Expiration: Approved as to legal form and sufficiency. Susan J. Prado, Deputy County Attorney 2 of _ , 2024 me or 4,4 443 EXHIBIT "A" `rhe North 16.5 acres of du South 33 tt .taj GkWernment lots 8 and 9, Secdpl*,, -' Ilrwwi4 31 South, Range 39 East, at] lyh4g and being [a giver County, Florida. Less rigbof way for Jungle Trail survey baseline per maintenance map at r4iim ed in Plat Book 9, page 40, Public Records of Indian River County, Florida. Subject to easements, restriedeft Sp# t'$WvtllwM a[ >f M4. a" ftm 011' to n: t]" thereafter. 444 l3A V Office Of Attorney's Matters 11/5/2024 INDIAN RIVER COUNTY ATTORNEY Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners Through: John A. Titkanich, Jr., ICMA-CM, AICP County Administrator FROM: Susan Prado, Deputy County Attorney DATE: October 21, 2024 SUBJECT: Authorization to proceed with foreclosure on Code enforcement case: (2009070001) Hicks Pursuant to Florida Statute Section 162.09, the Code Enforcement Board must give the recommendation to start the foreclosure process. This recommendation was given at the September 23, 2024, Code Enforcement Board hearing on the below listed property. Staff is now seeking this Board's final approval to move forward with filing foreclosure proceedings on the below listed property working with outside counsel, Dill, Evans and Rhodeback. Case Number (2009070001) Hicks: This code enforcement action started in 2009 with a complaint regarding weeds in excess of 12 inches. There was an evidentiary hearing on September 28, 2009, at which time the respondent was found in violation of the Indian River County Code of Ordinances (the "IRC Code"). The respondent was given a time frame to correct the violations. At a compliance hearing held on November 23, 2009, the Code Enforcement Board determined that the respondent did not bring the property into compliance and issued an order for a fine in the amount of $100.00 per day. The order is recorded at O.R. Book 2390 and Page 273. The property was never brought into compliance. Funding: Staff estimates outside counsel, filing fees, and costs for the foreclosures detailed above could cost approximately $7,000. Funding for these expenses are available in the MSTU Fund /Env. Planning/Legal Services, Account # 00420724-033110. 445 Code Enforcement Foreclosures October 21, 2024 Page 12 This funding will be offset by any revenues received through the foreclosure process. Recommendation: Staff requests the Board's opinion whether or not to move forward with outside counsel in the filing of foreclosure on the above-named code enforcement cases. Attachments: Order Imposing Fine and Deed for case number: (2009070001) Hicks. 446 2038062 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 2390 PG: 273, 12/24/2009 10:36 AM IN THE MATTER OF: ALBERTINA HICKS 10443 198TH STREET HOLLIS, NY 11412 , Respondent(s) CODE ENFORCEMENT BOARD INDIAN RIVER COUNTY, FLORIDA ORDER IMPOSING FINE CEB Case No. 2009070001 THIS MATTER ORIGINALLY CAME BEFORE THE BOARD for a public hearing on September 28, 2009, after due notice to the Respondent(s), at which time the Board heard testimony under oath and received evidence. The Board issued findings of fact, conclusions of law, and an oral order which was reduced to writing and furnished to the Respondent(s) to take corrective action by a certain time, as more specifically set forth in that order. On November 23, 2009, this Board conducted a compliance hearing to determine whether the Board's order of September 28, 2009, as amended by Order(s) Granting Extension, had been complied with. Respondent was provided proper notice of the compliance hearing, but did not attend the hearing. Based on the evidence and testimony presented at the hearing, this Board finds that the required corrective action has not been taken as ordered and that there does in fact exist weeds in excess of twelve inches in height in the RS -6 Zoning District, which constitutes the use of the property in violation of Section(s) 973.03(1), of the Code of Laws and Ordinances of Indian River County. The Board's previous order, as amended, set forth a compliance date of November 20, 2009, and a fine of $100 for each day the violation continues beyond the referenced compliance date. IT IS HEREBY ORDERED THAT THE ABOVE DESCRIBED FINE IS HEREBY IMPOSED AGAINST THE RESPONDENT(S) for each and every day the violation exists upon or adjacent to the following described property, situated in Indian River County, Florida, to wit: Location: 2075 7TH CT SW VERO BEACH Tax Parcel ID No. 33-39-36-00002-0700-00010.0 Legal Description: VERO BEACH HIGHLANDS SUB UNIT 2 BLK 70 LOT 10 PBI 5-77 beginning November 21, 2009. THIS ORDER SHALL BE RECORDED in the Official Record Books of Indian River County forthwith AND SHALL CONSTITUTE A LIEN AGAINST THE HEREIN DESCRIBED PROPERTY, AND UPON ANY OTHER REAL OR PERSONAL PROPERTY OWNED BY THE VIOLATOR, pursuant to Chapter 162 of the Florida Statutes and Indian River County Ordinance 90-20, as may be amended. Further information of this matter may be obtained by contacting the Code Enforcement Section of the Community Development Department of Indian River County, 1801 27th Street, Vero Beach, Florida 32960, (772) 226-1249. DONE AND ORDERED NOVEMBER 23, 2009, at Vero Beach, Indian River County, Florida, in accordance with a ruling made by this Board in open session on said date, nunc pro tunc. EXECUTED by the Chairman of the Indian River Coun Code Enforce nt Board, and attested and countersigned by the Recording Secretary of such Board this _,,,?-a--y of , 2009. COUNTY ATTORNEY'S OFFICE INDIAN RIVER COUNTY 1801 27th Street Vero Beach, Florida 32960 447 BK: 2390 PQ: 274 CODE ENFORCEMENT BOARD it INDIA • D Y • iGi` T. 4V: STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the above State and County aforesaid to take acknowledgments, personally appeared Karl L. Zimmermann, well known to me to be Chairman of the CODE ENFORCEMENT BOARD of Indian River County, and acknowledged executing the same under the authority vested in him by said Board. r "� ` WITNESSED my hand and seal this day of 2009. �. ommi cation Po>ylic r► , .* :Boga�nbxY0,8DiP # we +�� �A.r ,.•n �,OFK Nmded TMu Brdpet Notary Brnken CERTIFICATE OF SERVICE The foregoing instrument was executed before me by Karl L. Zimmermann, Chairman Board of Indian River County, Florida, and I hereby certify that a true and correct copy of this order has been by U.S. mail to Respondent(s) at the mailing address(es) hereinbef a described, or by personal service to the Respondent(s), or to their representative, this Q',)— day of 2009. ATTEST: REVIEWED AS TO LEGAL FORM: Notedy Public BETA it am S n H. Vitunac + •. a.Wa� ' �* Boar dvisin Attorney STATE OF FLORW g Y�' INDIAN RIVER COU NTxR n CEB Case No. 2009070001 T � r� THIS IS TO CEIT•IFY THAT THIS IS Code Q (icer ,, <R1D$E JEFFERSON as G � ; rd r A TRUE.AND C'.) ; (`T COPY OF THE 'jx: ''.• '`; OklGttlAl t THIS 0FFiCE. A4,,i }�11 ;=BOARD r a COBE �`4:'ti ` EAP�S"r; s:° •. .. :.x ' j 448 ��rr �rrd J ' •. 114b 3lUbtftbM. 1(ed.f1L 13th dayd Decetnber �A.D.1982 BETWEEN O0MAL DMOPM M COWORAiiOM, a oorpwstiea -3-d-6 -dw the len of eke State of Delaware, karkes a pLaor d basun a is the Coanty of Dela tad State of ilerwa, amid lawfully aatlior el a "mod busiaeee k the State of Florida, party of the first pact, amid W. AI.BERTINA/IIICKS penia of the secood part, wbon mailfns eddrem le: 104-43 198th St. Hollis, NY. 11412 WITNESSETH: That the mW"party of the first part, for mad is oomeidwatioe of the sum of TEN DOLLARS AND OT KM GOOD AND VALUABLE CONSIDERATION to it Is bend paW by the mW Partin of the .ecoed part, the reoelpt wbeeeof Is hereby atkaowledsed, !taw Ipaimed, barPLed tad mold to the Bald parties of the ..rood part, their heirs amid snipe forwrr, the following dow bed land al u lyias tad brfns iaCouaq of .Indian River amid State of Florida, to wit: Lot 10, Block 70 of VERO BrACI1 111CM.ANUS UNIT 2 according to the Plat thereof recorded in Plat Book 5, Page 77 of the Public Records of Indian River County, Florida. I 449 Subject to conaJoee, rmmic ion, narrodoma. IlmitLtkae and eseemcats of record: soviet std other redulslory ondlrtaaom Lad tans for the year 1982. and subject to Property Owners Association, if any. And tks .aid party of the find part dom 6ereby fully watimt the title to wird land, and will defeed toe aeras ,saint the Lawful claire of all pwome wboworrer. IN WITNESS WHEREOF, the ,ald party of the first part has cawed tbe,e prmeota to be Ago d in W name by Its authorised (Corpoeato offker and its oorponeu seal to he affisrd the day ' r: Sed).. and year above wrfam. ` GEN L DEVfiOPM CORPORATION By .;��ee'l` S1v j [� Sipe�}aaleJaad r ed aaa 1.. Batley, Decdl0 tc•cr y STATE OF FLORIDA SS COUNTY OF DADE I HEREBY CF -Rn ry, that ce Lk6 1 3th da of December A.D. 19 82 I bdorsmspw-eo"llyappowed Saroa L. Bailey. Deeding Officer w Of 0046M [ilMO MNif COWMATH M, a ooeporetioo under the laws of the State of Delawart, to see kmiown to W the person who efsaed dw foresodna inerrunmot as ew.b offinw amid asknowledsed tlr execution ekeraof to }* 66 free act Aad deed " arch offker for tba tum Aad F' :. purposes dwrein meadoe,od sod UW he nffised tiersto the offkLa( o"I of esW corporation acid tW r t6e acid laetruomnt L tot act acid died of aid corpondcs. _ IFME$' S my signatom Aad ol'"I aal at Nlaml, is the Curnty of Dade sad State of Florida the day card yar Last aform&W. M FZ Y - N ; TbM I,ahunmre Wm 14aysrsd 6r. `i SPALL' k`t "' <' P•9i.�: Yrcjrd YYA t 1 I i So b Co~ ALUM, Cor� Noe Pa&be' Sttk a distill of Lsr 6Mi ? $# ' ' r 1; ta►' MCYr/. FL 1]Ir' ; dish ', �.. •1 ~. .. Yat�.r LW b:.�A:l'.p::e.Iv.4e/Lan. •y "}-[ 1 P[ tl I<1 "T[ dlY "p1 [ -i'1 1 1 �-��[a-zsR -�[; I 449 10C. ST. • ANI, i 'J'p M" am Mf M m C; t� I + .L�......T-._ _ .. .._. .. ....... a0pCWei-I 10C. ST. • ANI, i 'J'p M" am Mf M m C; t� I a0pCWei-I �2 ILC .. n te=n t w'v' z c � x►•+ �o to u > 10C. ST. • ANI, i 'J'p M" am Mf M m C; t� I 138 Of CB Of Attorney's Matters 11/5/2024 INDIAN RIVER COUNTY Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners Through: John A. Titkanich, Jr., ICMA-CM, AICP County Administrator FROM: Susan Prado, Deputy County Attorney DATE: October 21, 2024 ATTORNEY SUBJECT: Authorization to Settle Foreclosure Case on Collins Code Enforcement Case Number 2014050077 Background: This Board gave the County Attorney's Office authorization to move forward with foreclosure action on the Collins Code Enforcement Case, Case Number 2014050077. One of the respondents in the case is willing to settle and consent to a final judgement for foreclosure if the County agrees not to pursue him personally. I have reviewed a copy of the proposed settlement agreement and think it will benefit the County by saving County staff time and further attorney's fees. Please note this is not the only respondent on this case but it will at least settle out one party. Recommendation: Staff recommends the Board approve the Settlement Agreement and authorize the Chair to execute the Settlement Agreement on the above-named code enforcement foreclosure case. Attachments: Proposed Settlement Agreement 451 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY, FLORIDA, A political subdivision of the State of Florida CASE NO. 31 -2024 -CA -000024 Plaintiff, VS. SCOTT MARK COLLINS; PATRICK BRIAN COLLINS; SHAWN MICHAEL COLLINS; DANIEL JOHN COLLINS; UNKNOWN OCCUPANT NO. l; and UNKNOWN OCCUPANT NO. 2, Defendants. SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (the "Agreement" and "Settlement Agreement") is dated September 10, 2024 and is by and between: INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida ("IRC"), and Defendant PATRICK BRIAN COLLINS ("Patrick Collins"). IRC and Patrick Collins are collectively referred to herein as the "Parties": and individually, in context as applicable, as a "Party." RECITALS IRC, through its attorney of record, D. Johnathan Rhodeback, Esq., of Dill, Evan & Rhodeback (the "IRC Attorney" and "IRC's Attorney") filed IRC's Plaintiff's Complaint (Filing #189755027 E -Filed 01/15/2024)(the "Complaint") in the above -captioned action (the "Pending Action"). Plaintiff s Complaint in the Pending Action asserts causes of action against Defendants, Scott Mark Collins, Patrick Brian Collins, Shawn Michael Collins, Daniel John Collins, Unknown Occupant No. 1, and Unknown Occupant No. 2, (collectively referred to as the "Defendants"). The causes of action and claims asserted by IRC as Plaintiff in the Complaint involve real property commonly described as 356 18a' Ave, Vero Beach, FL 32962 and further described as follows: Lot 15, Block B, Indian River Heights, Unit #3, according to the plat thereof, as recorded in Plat Book 6, Page 49, of the Public Records of Indian River County, Florida. (the "Property") IRC asserts in its Complaint the following causes of action: (1) Count I of the Complaint seeks for Foreclosure of Code Enforcement Lien against the Property and requests a deficiency judgment relating to the Property and liens at issue; (2) Count II of the Complaint seeks for Foreclosure of a claim for unpaid charges for Water and Sewer Services pursuant to Section 153.67 Fla. Stat. and also requests a deficiency judgment relating to the Property and liens at issue; (3) Count III of the Complaint seeks for money judgment based on the Code Enforcement Lien against the named Defendants as the defined "Designated Representatives" which the Complaint alleges includes the undersigned Defendant, Patrick Brian Collins; (4) Count IV of the Complaint MN seeks a money judgment in connection with the claim for unpaid charges for Water and Sewer Services against the named "Designated Representatives." The Property was previously owed by Patrick E. Collins (the father of Patrick Brian Collins) and Marguerite R. Collins (the mother of Patrick Brian Collins). As alleged in the Complaint, Patrick E. Collins died on or about May 12, 2008, and Marguerite R. Collins remained as the sole owner of the Property until her death on or about January 5, 2012. To the best knowledge of Patrick Brian Collins, a probate proceeding was not filed or opened by the named personal representative or any other person for Marguerite R. Collins. Prior to the filing of the Complaint, Patrick Brian Collins, did not have knowledge of or possession of the Last Will and Testament of Marguerite R. Collins (purportedly signed October 28, 1987)(the "Last Will") and was not appointed as "personal representative" of any estate for or relating to Marguerite R. Collins. Patrick Brian Collins has not taken title to the Property or received a deed conveying any interest in the Property to Patrick Brian Collins. Accordingly, while Patrick Brian Collins is a descendant of his mother Marguerite R. Collins and a named beneficiary of the residual property in the Last Will, Patrick Brian Collins does not hold legal title in and to the Property and has no knowledge concerning the title to the Property and any liens and encumbrances attaching to and encumbering the Property. The Parties hereto intend to settle their respective causes of action, claims and disputes and the Pending Action on the terms and subject to the conditions set forth in this Settlement Agreement below. AGREEMENT NOW, THEREFORE, in consideration of mutual covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, Parties hereby agree as follows: 1. Recitals/Exhibits. The above Recitals are hereby incorporated into this Settlement Agreement by this reference as if fully set forth in this paragraph. All schedules and exhibits expressly identified herein are hereby incorporated into this Settlement Agreement, by this reference, as if fully set forth in this Settlement Agreement. 2. Stipulation to in Rem Final Judgment of Foreclosure. Simultaneously with the execution of this Agreement, Defendant Patrick Brian Collins shall sign the Stipulation To In Rem Final Judgment Of Foreclosure Against Defendant, Patrick Brian Collins, Only, attached hereto as Exhibit "A" (the "Patrick Collins Stipulation for Foreclosure") and deliver an electronic copy of the signed Patrick Collins Stipulation for Foreclosure D. Johnathan Rhodeback, Esq., (the "IRC Attorney"), as IRC's attorney of record in the Pending Action. Upon delivery from Patrick Brian Collins, the IRC Attorney shall sign on behalf of IRC as its authorized representative and agent and deliver an electronic copy of the signed Patrick Collins Stipulation for Foreclosure to Patrick Brian Collins c/o his counsel, James Fallace, Esq., of Fallace & Larkin, at: jim@fallacelarkinlaw.com. 3. IBC's Voluntary Dismissal. Simultaneously with the execution of this Agreement, IRC through the IRC Attorney shall sign Plaintiff's Notice of Voluntary Dismissal of Claims Against Defendant, Patrick Brian Collins, Only, With Prejudice, pursuant to Fla. R. Civ. P. 1.420(a)(1)(A), attached hereto as Exhibit "B" (the "IRC Voluntary Dismissal") and within two (2) Business Daysi of receipt of the signed Patrick Collins Stipulation for Foreclosure shall file of record in the Pending Action with the Clerk of Court and Comptroller for Indian River County, Florida, Plaintiff's Notice of Voluntary Dismissal of Claims Against Defendant, Patrick Brian Collins, Only, With Prejudice, and all other documents necessary to cause as 1 `Business Day" dial] mean any day of the week in which the Indian River County Courthouse is open to the general public. 2 453 dismissal, with prejudice, of those claims and causes of action identified in Plaintiff's Notice of Voluntary Dismissal of Claims Against Defendant, Patrick Brian Collins, Only, With Prejudice. 4. No Personal Liability. IRC hereby agrees that Patrick Brian Collins shall have no personal liability for any deficiency judgment or for any money judgment or other causes of action and claims asserted personally against Patrick Brian Collins as alleged in the Complaint and any other pleadings and motions filed in the pending Action and in Counts I, II, III and IV of the Complaint. The Parties hereto including IRC as the Plaintiff acknowledge and agree that Patrick Brian Collins is not obligated or liable personally for any money judgment or Claims personally against Patrick Brian Collins as alleged in the Complaint. 5. IRC Release Covenants. Indian River County, Florida, a political subdivision of the State of Florida on its own behalf and on behalf of anyone who can claim by or through Indian River County, Florida, including, without limitation, its predecessors, parent entities, subsidiaries, affiliates, insurers, successors and assigns (collectively referred to herein as the "IRC Group"), hereby forever releases and discharges Patrick Brian Collins and his estate, heirs, personal representatives, executors, agents, insurers, successors and assigns (collectively the "Patrick Collins Group"), from all demands, claims, causes of action, lawsuits, proceedings, actions, judgments, awards, interest, assessments, damages, costs, losses, injuries, fines, penalties, fees, debts, wages, compensation, commissions, benefits, reimbursements, attorney fees, expenses, liabilities and obligations of whatever kind or nature, known or unknown, at law and in equity, which the IRC Group has, had or may in the future have, against the Patrick Collins Group or which the IRC Group has incurred or may incur in the future, by reason of, relating to, arising from, in connection with, or in any way based on, each of the following: (a) facts, events, occurrences, claims, causes of action, debts, liabilities, obligations and all other matters alleged in Plaintiff's Complaint (Filing #189755027 E - Filed 01/15/2024)(the "Complaint") and any amendments thereto filed or which may be filed in the above - captioned Pending Action including, without limitation, all claims and causes of action for any deficiency judgment, and as may be further alleged in any other pleadings and motions filed or which could have been filed in the Pending Action; and (b) the Property and all improvements thereto and any personal property thereon, including title thereto, any liens and encumbrances against and attaching to the Property, and any amounts due IRC relating to, in connection with, based on, or arising from the Property; and, (c) the Quit Claim Deed. Notwithstanding anything to the contrary, this release covenant and the provisions set forth in this paragraph are not intended and shall not be construed to release the Parties from their respective duties, obligations and the covenants expressly set forth in this Settlement Agreement and the Exhibits hereto. 6. Amendments/Modifications. This Settlement Agreement and each provision and covenant set forth herein may be changed, modified or amended only in writing in the form of a subsequent written document or amendment, authorized and signed by all Parties hereto. This Settlement Agreement and the Agreement as modified herein and each provision and covenant set forth herein shall not be changed, modified or amended by oral agreement or understanding or any course of conduct between the Parties. 7. Non -Admission. This Settlement Agreement and the execution thereof by the Parties, and any consideration provided for herein, is not intended and shall not constitute or be construed as an admission by any Party (or any such Party's agents, representatives, attorneys or employees) of any fault, wrongdoing, or liability whatsoever, or violation of any law, ordinance, agreement, obligation and duty imposed under any agreement or law or ordinance including, without limitation the facts, events and claims, and the causes of action alleged in the Complaint and all other pleadings and motions filed or which may be filed in the Pending Action. The Parties acknowledge that all such liability is expressly denied. This Settlement Agreement has been entered into by the Parties to release and compromise disputed claims as stated herein and to avoid the expense and burden of litigating in the Pending Action. 3 454 8. Counterparts/Electronic Signatures. This Settlement Agreement and each of the Exhibits hereto may be executed in separately in two or more counterparts, each of which shall be an original, but all of which together shall constitute one and the same instrument. A digital electronic copy of this Settlement Agreement and each of the Exhibits hereto and all signatures thereon shall be binding and shall be considered an original for all purposes. 9. Miscellaneous. For all purposes of this Settlement Agreement, time is of the essence. No rule of construction shall apply to this Settlement Agreement which construes any language, whether ambiguous, unclear, or otherwise, in favor of, or against any Party by reason of that Party's role in drafting this Settlement Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Settlement Agreement to be executed as set forth on their respective counterpart signature page on the day and year set forth below their respective signatures. [Remainder of page intentionally left blank; Counterpart signature pages follow]] 4 455 COUNTERPART SIGNATURE PAGE TO SETTLEMENT AGREEMENT [Dated: September 10, 20241 The undersigned hereby individually represents that the undersigned is an authorized agent, representative and officer of INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, and hereby signs the above -referenced Settlement Agreement and acknowledges by the execution of this Counterpart Signature Page, that INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida is bound by the terms and conditions of the Settlement Agreement. COUNTERPART SIGNATURE PAGE TO SETTLEMENT AGREEMENT [Dated: September 10 , 20241 The undersigned PATRICK BRIAN COLLINS hereby signs the above -referenced Settlement Agreement and acknowledges by the execution of this Counterpart Signature Page, that Patrick Brian Collins is bound by the terms and conditions of the Settlement Agreement. EXHIBIT "A" TO SETTLEMENT AGREEMENT [Dated: September 10, 20241 STIPULATION TO IN REM FINAL JUDGMENT OF FORECLOSURE AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY. (See Attached) 458 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVER COUNTY, FLORIDA. INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, CASE NO.: 312024 CA 000024 Plaintiff, V. SCOTT MARK COLLINS; PATRICK BRIAN COLLINS; SHAWN MICHAEL COLLINS; DANIEL JOHN COLLINS; UNKNOWN OCCUPANT NO. l; and UNKNOWN OCCUPANT NO. 2, Defendants. STIPULATION TO IN REM FINAL JUDGMENT OF FORECLOSURE (AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY) COME NOW, the Plaintiff, INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida (the "County"), by and through its undersigned counsel, and Defendant, PATRICK BRIAN COLLINS (collectively, the "Parties"), hereby stipulate as follows: 1. On January 15, 2024, the County filed the above -captioned action against PATRICK BRIAN COLLINS and others seeking, inter alia, to foreclose a code enforcement lien and a claim of lien for unpaid charges for water and sewer services upon the real property located at 3 5618`h Avenue, Vero Beach, FL 32962. 2. The Parties stipulate that the County shall be entitled to foreclose upon subject property due to the aforementioned code enforcement lien and claim of lien for unpaid charges for water and sewer services. 3. In exchange thereof, the County hereby releases and waives any claims for deficiency or other money judgments against PATRICK BRIAN COLLINS in connection with the subject property and the above -captioned matter. I of 2 459 4. The Parties further stipulate that each party shall bear their owns fees and costs, and this Stipulation may be signed in counterparts and an electronic copy of this Stipulation and all signatures thereon shall constitute an original for all purposes. DEFENDANT: Patrick Brian Collins DILL, EVANS & RHODEBACK Attorney for the County 1565 US Highway 1 Sebastian, FL 32958 Tel: (772) 589-1212 Fax: (772) 589-5212 D. Johnathan Rhodeback, Esq. FL Bar No.: 087081 Primary: Attompys(@Aillevans.com Secondary: lslemy@dillevans.com 2 of 2 460 EXHIBIT "B" TO SETTLEMENT AGREEMENT (Dated: September 10, 20241 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY, WITH PREJUDICE (See Attached) 461 IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA INDIAN RIVER COUNTY, FLORIDA, A political subdivision of the State of Florida CASE NO. 31 -2024 -CA -000024 Plaintiff, vs. SCOTT MARK COLLINS; PATRICK BRIAN COLLINS; SHAWN MICHAEL COLLINS; DANIEL JOHN COLLINS; UNKNOWN OCCUPANT NO. 1; and UNKNOWN OCCUPANT NO. 2, Defendants. 1 PLAINTIFF'S NOTICE OF VOLUNTARY DISMISSAL OF CLAIMS AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY, WITH PREJUDICE Pursuant to Fla. R. Civ. P. 1.420(a)(1)(A), Plaintiff, INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida ("IRC" and "Plaintiff'), by and through Plaintiff's undersigned attorney of record in the above -captioned action (the "Pending Action") hereby dismisses, with prejudice, each of the following: (1) all claims and causes of action alleged in Counts III and IV set forth in Plaintiffs Complaint (Filing #189755027 E -Filed 01/15/2024)(the "Complaint") against Defendant, PATRICK BRIAN COLLINS ("Defendant" and "Patrick Brian Collins"); (2) all claims and causes of action and request for a deficiency judgment as alleged and demanded in Counts I and II of the Complaint against Defendant, Patrick Brian Collins; and (3) all claims and causes of action for any personal money judgment against Defendant, Patrick Brian Collins as may be alleged or demanded in any future pleadings and motions filed or which could be filed in the Pending Action. 1 462 ti r 6 ' ....: 1 {A r1iId � NOTWITHSTANDING THE FOREGOING: (A) THE COMPLAINT AND THE PENDING ACTION AND ALL CLAIMS ALLEGED THEREIN SHALL REMAIN PENDING AGAINST ALL OTHER DEFENDANTS; AND (B) PLAINTIFF SHALL BE ENTITLED TO AN IN REM FINAL JUDGMENT OF FORECLOSURE PURSUANT TO THAT CERTAIN STIPULATION TO IN REM FINAL JUDGMENT OF FORECLOSURE AGAINST DEFENDANT, PATRICK BRIAN COLLINS, ONLY, SIGNED BY THE UNDERSIGNED ATTORNEY OF RECORD FOR PLAINTIFF AND PATRICK BRIAN COLLINS. DEFENDANT: COUNSEL FOR PLAINTIFF: s/ D. Johnathan Rhodeback D. JOHNATHAN RHODEBACK. ESQ. Florida Bar No.: 087081 DILL, EVANS & RHODEBACK 1565 US Highway 1 Sebastian, FL 32958 Tel.: (772) 589-1212 Fax: (772) 589-5212 Primary Email: Attorneys@dillevans.com Secondary Email:_Islemy@dillevans.com Date Signed: .. , 2024 z 463 13C Of CB Of Attorney's Matters 11/5/2024 INDIAN RIVER COUNTY Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney MEMORANDUM TO: Board of County Commissioners Through: John A. Titkanich, Jr., ICMA-CM, AICP County Administrator FROM: Susan Prado, Deputy County Attorney DATE: October 23, 2024 ATTORNEY SUBJECT: Code Foreclosure Case Clarification and Update Background: This Board gave the County Attorney's Office authorization to move forward with foreclosure action on a number of cases in the past. Since then, there have been a few cases that have come up where there is a large mortgage attached to the property. The County can still proceed with the foreclosure but may not recoup its costs in those cases. Staff is seeking direction from the Board on how they would like to proceed on these types of cases. As for an update on foreclosures and the effectiveness of them. The foreclosure process has proven to be extremely effective at obtaining compliance with the Code. Out of the 30 foreclosure cases that have been started and gone to the code board to start a foreclosure case only 2 have been foreclosed upon. 465 Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney x'110 Attomeys Matters - B.C.C. 11.5.24 Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: October 29, 2024 ATTORNEY SUBJECT: Permission to Advertise Public Hearing Amending Code Indian River County Code Sections 102.01(1) and 102.04 BACKGROUND. The County Attorney's Office has identified some changes that it recommends to IRC Chapter 102 "Board of County Commissioners; Meetings and Procedures" as follows Section 102.01(1). - Board of county commissioners meetings and procedures: Currently, IRC Code Section 102.01(1) prohibits the BOCC from scheduling a regular meeting on the last Tuesday of each month. Since the BOCC has changed its schedule to meet twice per month, this prohibition conflicts with scheduling needs. The County Attorney's office recommends that the BOCC delete this prohibition from the language of this code section. Section 102.04. - Order of business: The County Attorney's office recommends that IRC Section 102.04(12) "Departmental matters" be amended to add the new department of Building and Facilities Services and to add Sandridge Golf Club. In addition, in order to provide more uniformity in how public comment is addressed, the County Attorney's office recommends that the BOCC create two new public comment sections under the Order of Business — one entitled "Public comment on agenda related matters," which would occur before any regular business is considered , and one entitled "Public comment on non - agenda related items," which would occur at the end of the meeting. This will provide a more consistent way to allow public comment on all agenda matters to be considered before action is taken and will additionally allow for the consideration of non -agenda -related public comment after board business has concluded. We also recommend that the BOCC delete Order of Business item 10(b) entitled "Public discussion items" because it will no longer be necessary if the BOCC creates the new public comment matters. 466 SCHEDULE & ADVERTISEMENT. Changes to the Code must be made by Ordinance that includes a public hearing. The County Attorney's Office would like to advertise for and hold the public hearing on November 19, 2024 if the BOCC permits the ordinance to be considered. FUNDING. The cost of publication of the required public notice for the public hearing(s) is estimated to be $450.00. The cost will be funded from the County Attorney's Office budget within the General Fund/County Attorney/Legal Ads; Account No. 00110214-034910. Account Description Account Number Amount General Fund/County Attorney/Legal Ads 1 00110214-034910 $450.00 RECOMMENDATION. The County Attorney recommends that the Board discuss the proposed ordinance amendments, recommend changes if needed, and approve advertisement for a public hearing on the amendments to the IRC Code Sections 102.01 and 102.04. ATTACHMENT(S). Draft Ordinance Amending IRC Code Sections 102.01 and 102.04. 467 ORDINANCE NO. 2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING INDIAN RIVER COUNTY CODE CHAPTER 102, SECTION 102.01 "BOARD OF COUNTY COMMISSIONERS MEETINGS AND PROCEDURES" TO MODIFY THE BOARD MEETING TIMES AND AMENDING SECTION 102.04 "ORDER OF BUSINESS", TO ADD BUILDING AND FACILITIES SERVICES UNDER "DEPARTMENTAL MATTERS" AND TO MODIFY PUBLIC COMMENT PROCEDURES. WHEREAS, Chapter 102 of the Indian River Code has been adopted to govern the meetings and procedures of the Board of County Commissioners; and WHEREAS, to allow for more flexibility in its meeting times, the Board would like to modify the Code to allow for meetingsito occur on the last Tuesday of the month; and WHEREAS, the Board desires to update its order of business to add consideration of matters from the newly created Building and Facilities Services department; and WHEREAS, to provide more uniformity and consistency in its public comment procedures, the Board would like to modify its order of business to create two categories for public comment — one for agenda rel4ted items before County business and one for non - agenda items at the end of the meeting. NOW, THEREFORE, BE COMMISSIONERS OF INDIAN RI' Section 1. EnactmenNAut IT ORDAINED BY THE BOARD OF COUNTY ER COUNTY, FLORIDA THAT: Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County.) Section 2. Code Amendments. CODING: Words in stroke g" format are deletions to existing text; words in underlined format are additions to existing text. 468 ORDINANCE NO. 2024 - Indian River County Code Chapter 102, Section 102.01(1), Board of County Commissioners Meetings and Procedures, is hereby amended to read as follows: 1. Time. The county commission shall generally hold regular meetings on Tuesday beginning at 9:00 a.m. Them shall be no ^^metiR the last Tuesday e.f a aGh m^n+h Indian River County Code Chapter 102, Section 102.04 Order of Business, is hereby amended to read as follows: The order of business shall appear on the agenda as follows: 1. Call to order. 2. a. Moment of silent reflecti first rea onders a r embers of the Armed Forces. b. Invocation. 3. Pledge of Allegiance. 4. Additions or e16tions to the agen a errs rgenc" items. 5. Proclam ns an resentations. (oval o J . Inform ` ' em staff o "ry mmissioners not requiring board action. ublic com t — agenda related matters. e t for Dublic hearin-q s 9. >� sent ,agenda. 10. & on tonal officers and governmental agencies. 11. 4-0-. Public items: a. Public hearings; b. -G. Public notice items. 2 CODING: Words in Wig# format are deletions to existing text; words in underlined format are additions to existing text. 469 ORDINANCE NO. 2024- 12. � County administrator matters. 13. 4-2L. Departmental matters: a. Buildinq and Facilities Services b. a. Community services; c. b: Emergency services; d. � Human resources; e. d- Information technology; f. e- Natural resources; g_ f-. Office of management and budget; h. g: Parks, recreation, and conservation; i. J-+ Planning and development services; L Public works; k. Sandridge golf club N _ 'litieservices: 14. 43: County attorne tters. 'A. 15. Commissioners ma 16. a Special districts and boards a. Emergency services district; b. Solid waste disposal district; c. Environmental control board. 17. Public comment — non agenda related matters. 18.E Adjournment. 3 CODING: Words in stFike-thmug. format are deletions to existing text; words in underlined format are additions to existing text. ORDINANCE NO. 2024 - Section 3. Severability and Conflict If any section, sentence, paragraph, phrase, or word of this ordinance is held by a court of competent jurisdiction to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance not having been held by a court of competent jurisdiction to be unconstitutional, inoperative or void, which shall remain in full force and effect. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. Codification. The amended language contained in Section 1 of this ordinance shall be codified in Section 102.01 of The Code of Indian River County. Additional codification, renumbering, or relettering of this ordinance is left to the discretion of Municipal Code Corporation. Section 5. Effective Date. A certified copy of this ordinanC000re II filed by the Clerk with the Office of the Secretary of State of the St a da in ten days after enactment, and this ordinance shall take effect upon filing with the Secretary of State. This ordinance was advertised in the Indian River Press Journal on the th day of , 2024, for a public hearing to be held on the day of , 2024, at which time it was moved for adoption by Commissioner , seconded by Commissioner , and adopted by the following vote: Chairman Susan Adams Vice Chairman Joseph E. Flescher Commissioner Deryl Loar Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the ordinance duly passed and adopted this day of , 2024. 4 CODING: Words in stFike thFeugh format are deletions to existing text; words in underlined format are additions to existing text. 471 ORDINANCE NO. 2024 - Attest: Ryan Butler, Clerk and BOARD OF COUNTY COMMISSIONERS Comptroller INDIAN RIVER COUNTY, FLORIDA By Deputy Clerk By Susan Adams, Chairman Effective Date: This ordinance was filed with the Department of State and becomes effective on the day of "�{"" 2.024. 5 CODING: Words in stfike-t#Foegh format are deletions to existing text; words in underlined format are additions to existing text. 472 I5Q2 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 18, 2024 To: Solid Waste Disposal District Board of Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Agreement for Landfill Gas Wellfield Expansion Project Descriptions and Conditions: The Indian River County Landfill has a voluntary landfill gas collection system that needs periodic expansions to continue to capture the methane gas to reduce odors, reduce the risk of fires and to reduce it to the less harmful carbon dioxide via flaring in the short run, and to ultimately facilitate the sale of the landfill gas to NoPetro EcoDistrict (NED) for its renewable natural gas (RNG) project. Recently, eight gas wells were abandoned to maximize landfill waste capacity on the northern portion of Segment 3 Cell 1 area. This has resulted in a reduction in the total landfill gas flow available for the future RNG project. It is imperative that we replace these landfill gas wells and add additional gas wells to this area once final capacity is reached which we anticipate by mid- November 2024. Therefore, in the interest of time and based on utilizing SCS Field Services (SCS -FS) to install landfill gas wells in the past, staff is recommending the Solid Waste Disposal District (SWDD) Board waive bid requirements and to award an Agreement for Landfill Gas Wellfield Expansion project per a proposal from SCS -FS in the total amount of $486,050. This approval will allow them to order the materials and schedule installation as soon as possible and regain our landfill gas flow for the RNG project. Discussion: Staff recommends approval of the attached landfill gas well field expansion agreement to the SCS -FS proposal comprises of the following two tasks: 1) labor, materials, equipment, and installation of 10 new vertical wells, for an estimated cost of $213,350, and 2) provide labor, materials, equipment, and installation of below -ground high-density polyethylene (HDPE) 473 SWDD Item vacuum, air and force main piping, at a cost of $272,700. The total cost is $486,050; however, to expedite the project and to minimize further time delays, staff recommends additional contingency funding of $73,950 to be approved by the County Administrator for a total project cost not to exceed $560,000. Funding: The LFG flare station and piping are considered a "closure activity," and, as such, is funded from an escrow account long established per Florida Department of Environmental Protection (FDEP) requirements, which has the funds available in the SWDD/Accrued Closure — I, II & Infill, account number 411-239006, for $560,000. Description Fund Amount SWDD/Accrued Closure— I, II & Infill 411-239006 $560,000 Recommendation: Staff recommends the Board waive bid requirements and approve the landfill gas wellfield expansion agreement to SCS Field Services in the amount of $486,050 and authorize the Chairman to execute it after review and approval by the County Attorney as to form and legal sufficiency. Staff also recommends the Board authorize the County Administrator to sign any amendments to the agreement necessary, including increases in price, up to:a_total increase of $560,000, to prevent delays in work. Attachment: Agreement with SCS Field Services 474 AGREEMENT FOR LANDFILL GAS WELLFIELD EXPANSION THIS AGREEMENT is by and between INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida organized and existing under the Laws of the State of Florida, (hereinafter called OWNER) and SCS Field Services (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE i — WORK AND PROJECT CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: Labor, Equipment, Materials and installation of a landfill gas wellfield expansion consisting of io Vertical Wells and associated vacuum lateral, air and force main piping at the Indian River County Landfill, located at 1325 74"' Ave SW, Vero Beach, FL 32968, in accordance with the attached proposal. ARTICLE 2 — TERM The term of the agreement shall be three months. Receipt of a fully executed copy of this agreement by electronic means shall serve as notice to proceed. The Work will be completed and ready for final payment on or before the goth day after the Contract Times commence to run. ARTICLE.3 - CONTRACT PRICE 3.01 OWNER shall pay CONTRACTOR at milestones established in Exhibit 1, with sufficient evidence that materials have been ordered and work is progressing. 3.02 Any modification to Contract Price will be mutually agreed to in writing using the Change Order form. ARTICLE 4 - PAYMENT PROCEDURES 4.01 Progress Payments. The OWNER shall make progress payments to the CONTRACTOR on the basis of the approved Contractor's Application for Payment as recommended by SWDD Managing Director or Designee in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.7o et. seq. 4.02 Pay Requests. A. Each request for a progress payment shall contain the CONTRACTOR'S certification as well as order confirmations provided for materials ordered. 4.03 Acceptance of Final Payment as Release. A. The acceptance by the CONTRACTOR of final payment shall be and shall operate as a release to the OWNER from all claims and all liability to the CONTRACTOR other than claims in stated amounts as may be specifically excepted by the CONTRACTOR for all things done or furnished in connection with the work under this Agreement and for every act and neglect of the OWNER and others relating to or arising out of the work. Any payment, however, final or otherwise, shall not 479 release the CONTRACTOR or its sureties from any obligations under this Agreement or the Public Construction Bond. ARTICLE 5 - INDEMNIFICATION 5.01 CONTRACTOR shall indemnify and hold harmless the OWNER, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by the CONTRACTOR in the performance of the Work. ARTICLE 6 - CONTRACTOR'S REPRESENTATIONS 6.o1 In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: A. CONTRACTOR has examined and carefully studied the Contract Documents. B. CONTRACTOR has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. CONTRACTOR is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Contract Documents. E. CONTRACTOR has correlated the information known to CONTRACTOR, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. F. CONTRACTOR will provide OWNER notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR may discover in the Contract Documents. G. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. H. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448•095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. I. Contractor will comply with all the requirements as imposed by the Americans with Disabilities Act of 1990 ("ADA"), the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 479 J. Contractor will in disclose any potential delays to the Work, as soon as Contractor becomes aware. Contractor, Engineer, and Ownerwill determine appropriate measures, which may include changes to Contract Times and/or Cost, which will be reflected as a Change Order or Written Amendment to the Agreement. ARTICLE 7 - CONTRACT DOCUMENTS 7.01 Contents A. The Contract Documents consist of the following: 1. This Agreement; 2. Public Construction Bond; 3. Certificate(s) of Liability Insurance; 4. CONTRACTOR'S Proposal dated June 21, 2024, with Subject "Proposal to Install Landfill Gas Flare Station Equipment and Process Piping Revision One"; 5. Drawings and Specifications Prepared by Biogas Engineering, bearing the general title "Landfill Gas Blower Skid & Flare Replacement, and numbered or identified as follows: G445A-D, inclusive; C445A-I, inclusive; S445A F, inclusive; P445A-L, inclusive; M445A Z, and M445AA-AM, inclusive; 63 Piping Isometric Plan Sheets; E -445B -IC, inclusive; and, J445A B, inclusive. 6. Indian River County Site Plan Approval 7. Florida Department of Environmental Protection Air Permit 8. Contractor's Application for Payment 9. Contractor's Final Certification of the Work 1o. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: a) Written Amendments b) Change Orders B. In the event of conflict between Contract Documents, the order of prevalence shall be: 1. This Agreement and any Written Amendments and Change Orders thereto 2. Drawings and Specifications Prepared by Biogas Engineering 3. CONTRACTOR'S Proposal Dated June 21, 2024 ARTICLE 8 - MISCELLANEOUS 8.o1 Terms A. SWDD Managing Director or Designee shall refer to OWNER's Employees. 8.02 Assignment of Contract A. No assignment by a party hereto of any rights under or interests in the Agreement will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 471 8.03 Successors and Assigns A. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns, and legal representatives to the other parry hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 8.04 Severability A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 8.05 Venue A. This Agreement shall be governed by the laws of the State of Florida. Venue for any lawsuit brought by either party against the other parry or otherwise arising out of this Agreement shall be in Indian River County, Florida, or, in the event of a federal jurisdiction, in the United States District Court for the Southern District of Florida. 8.06 Public Records Compliance A. Indian River County is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: (1) Keep and maintain public records required by the County to perform the service. (2) Upon request from the County's Custodian of Public Records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the Custodian of Public Records, in a format that is compatible with the information technology systems of the County. 479 B. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: (772) 226-1424 nublicrecords (a) indianriver.gov Indian River County Office of the County Attorney 18o127th Street Vero Beach, FL 3296o C. Failure of the Contractor to comply with these requirements shall be a material breach of this Agreement. Article Q: TERMINATION OF CONTRACT A. The occurrence of any of the following shall constitute a default by CONTRACTOR and shall provide the OWNER with a right to terminate this Contract in accordance with this Article, in addition to pursuing any other remedies which the OWNER may have under this Contract or under law: (1) if in the OWNER's opinion CONTRACTOR is improperly performing work or violating any provision(s) of the Contract Documents; (2) if CONTRACTOR neglects or refuses to correct defective work or replace defective parts or equipment, as directed by the Engineer pursuant to an inspection; (3) if in the OWNER's opinion CONTRACTOR's work is being unnecessarily delayed and will not be finished within the prescribed time; (4) if CONTRACTOR assigns this Contract or any money accruing thereon or approved thereon; or (5) if CONTRACTOR abandons the work, is adjudged bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any of his property. B. OWNER shall, before terminating the Contract for any of the foregoing reasons, notify CONTRACTOR in writing of the grounds for termination and provide CONTRACTOR with ten (io) calendar days to cure the default to the reasonable satisfaction of the OWNER. C. If the CONTRACTOR fails to correct or cure within the time provided in the preceding Sub -Article B, OWNER may terminate this Contract by notifying CONTRACTOR in writing. Upon receiving such notification, CONTRACTOR shall immediately cease all work hereunder and shall forfeit any further right to possess or occupy the site or any materials thereon; provided, however, that the OWNER may authorize CONTRACTOR to restore any work sites. D. The CONTRACTOR shall be liable for: (1) any new cost incurred by the OWNER in soliciting bids or proposals for and letting a new contract; and 474 (2) the difference between the cost of completing the new contract and the cost of completing this Contract; (3) any court costs and attorney's fees associated with any lawsuit undertaken by OWNER to enforce its rights herein. E. TERMINATION IN REGARDS TO F.S. 287.135: CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies that Boycott Israel List, created pursuant to S. 215.4725 of the Florida Statutes, and are not engaged in a boycott of Israel. In addition, if this agreement is for goods or services of one million dollars or more, CONTRACTOR certifies that it and those related entities of CONTRACTOR as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to Section 215.473 of the Florida Statutes and are not engaged in business operations in Cuba or Syria. OWNER may terminate this Contract if CONTRACTOR is found to have submitted a false certification as provided under section 287.135(5), Florida Statutes, been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, as defined by section 287.135, Florida Statutes. OWNER may terminate this Contract if CONTRACTOR, including all wholly owned subsidiaries, majority-owned subsidiaries, and parent companies that exist for the purpose of making profit, is found to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel as set forth in section 215.4725, Florida Statutes. 488 IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed this Agreement in duplicate. One counterpart each has been delivered to OWNER and CONTRACTOR. All portions of the Contract Documents have been signed or identified by OWNER and CONTRACTOR or on their behalf. This Agreement will be effective on November 5, 2024. OWNER: INDIAN RIVER COUNTY By: By: Susan Adams, Chairman CONTRACTOR: By: (Contractor) (CORPORATE SEAL) John A. Titkanich, Jr., County Administrator Attest APPROVED AS TO FORM AND LEGAL (If CONTRACTOR is a corporation or a SUFFICIENCY: partnership, attach evidence of authority to sign.) By: Christopher A. Hicks, Assistant County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Himanshu H. Mehta, PE, Managing Director 1325 74th Ave SW, Vero Beach, FL 32968 772-226-3211 hmehta@indianriver.gov Designated Representative: Brian Basconi, Project Manager 1800 Pembrook Dr., Suite 300 Orlando, FL 32810 401-486-4897 bbasconi@scsengineers.com 481 Exhibit i— CONTRACTOR's PROPOSAL 481 Contract Forms a 483 Public Work F.S. Chapter 255.05 (1)(a) Cover Page THIS BOND IS GIVEN TO COMPLY WITH SECTION 255.05 OR SECTION 713.23 FLORIDA STATUTES, AND ANY ACTION INSTITUTED BY A CLAIMANT UNDER THIS BOND FOR PAYMENT MUST BE IN ACCORDANCE WITH THE NOTICE AND TIME LIMITATION PROVISIONS IN SECTION 255.05(2) OR SECTION 713.23 FLORIDA STATUTES. BOND NO: CONTRACTOR NAME: CONTRACTOR ADDRESS: CONTRACTOR PHONE NO: SURETY COMPANY NAME: SURETY PRINCIPAL BUSINESS ADDRESS: SURETY PHONE NO: OWNER NAME: OWNER ADDRESS: OWNER PHONE NO: OBLIGEE NAME: (If contracting entity is different from the owner, the contracting public entity) OBLIGEE ADDRESS: OBLIGEE PHONE NO: BOND AMOUNT: CONTRACT NO: (If applicable) DESCRIPTION OF WORK: PROJECT LOCATION: LEGAL DESCRIPTION: (If applicable) FRONT PAGE All other bond page(s) are deemed subsequent to this page regardless of any page number(s) that may be printed thereon. Public Constructio4"d - 2 PUBLIC CONSTRUCTION BOND Bond No. (enter bond number) BY THIS BOND, We , as Principal and , a corporation, as Surety, are bound to , herein called Owner, in the sum of $ , for payment of which we bind ourselves, our heirs, personal representatives, successors, and assigns, jointly and severally. THE CONDITION OF THIS BOND is that if Principal: 1. Performs the contract dated , between Principal and Owner for construction of the contract being made a part of this bond by reference, at the times and in the manner prescribed in the contract; and 2. Promptly makes payments to all claimants, as defined in Section 255.05(1), Florida Statutes, supplying Principal with labor, materials, or supplies, used directly or indirectly by Principal in the prosecution of the work provided for in the contract; and 3. Pays Owner all losses, damages, expenses, costs, and attorney's fees, including appellate proceedings, that Owner sustains because of a default by Principal under the contract; and 4. Performs the guarantee of all work and materials furnished under the contract for the time specified in the contract, then this bond is void; otherwise it remains in full force. Any action instituted by a claimant under this bond for payment must be in accordance with the notice and time limitation provisions in Section 255.05(2), Florida Statutes. Any changes in or under the contract documents and compliance or noncompliance with any formalities connected with the contract or the changes does not affect Surety's obligation under this bond. DATED ON By (Name of Principal) (As Attorney in Fact) (Name of Surety) d 3 Public Construction Bon Contractor's Application for Payment Application for Payment No. For Work Accomplished through the period of through To: Indian River County (OWNER) From: SCS Field Services (CONTRACTOR) 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $ 2. Net change by Written Amendments (+ or -): $ 3. Current Contract Price (1 plus 2): $ 4. Total completed and stored to date: $ 5. Retainage (per Agreement): !i% of completed Work: of retainage: $ Total Retainage: $ 6. Total completed and stored to date less retainage (4 minus 5): $ y. Less previous Application for Payments: $ 8. DUE THIS APPLICATION (6 MINUS 7): $ CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; 2. Order forms for materials to be used for the project. Contractor's Application for Partia4pent - 1 Dated By: (CONTRACTOR — must be signed by an Officer of the Corporation) Print Name and Title STATE OF COUNTY OF Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization, this day of 20 , by (name of person making statement). (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. [The remainder of this page was left blank intentionally] Contractor's Application for Partia4 Ment - 2 SURETY'S CONSENT OF PAYMENT TO CONTRACTOR: The Surety, a corporation, in accordance with Public Construction Bond Number , hereby consents to payment by the OWNER to the CONTRACTOR, for the amounts specified in this CONTRACTOR's APPLICATION FOR PAYMENT. TO BE EXECUTED BY CORPORATE SURETY: Attest: Secretary Business Address: STATE OF COUNTY OF Corporate Surety BY: Print Name: Title: (Affix Corporate SEAL) Before me, a Notary Public, duly commissioned, qualified, and acting, appeared , who being by me first duly sworn upon oath, says that he/she is the for and that he/she has been authorized by to approve payment by the OWNER to the CONTRACTOR of the foregoing Contractor's Application for Payment. Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization this day of , 20_. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. [The remainder of this page was left blank intentionally] Contractor's Application for Partia4 Went - 3 CERTIFICATION OF ENGINEER: I have checked the Contractor's Application for Partial. To the best of my knowledge, this statement of work performed and/or materials supplied and/or ordered appears to be reasonably accurate, that the Contractor appears to be observing the requirements of the Contract with respect to construction, and that the Contractor should be paid the amount requested above, unless otherwise noted by me. I am not certifying as to whether or not the Contractor has paid all subcontractors, laborers, materialmen and suppliers because I am not in a position to accurately determine that issue. Dated SIGNATURE [The Remainder of This Page Was Left Blank Intentionally] Contractor's Application for Partia"Oent - 4 ATTACHMENT A 1. List of all subcontractors, laborers, materialmen and suppliers who have not been paid from the payment received from the last Pay Request and the reason why they were not paid (attach additional pages as necessary): 2. List of all subcontractors, laborers, materialmen and suppliers for which a signed release of lien form (partial or final as applicable) is not included with this Pay Request, together with an explanation as to why the release of lien form is not included (attach additional pages as necessary): Contractor's Application for Partia"llent - 5 Contractor's Final Certification of the Work (TO ACCOMPANY CONTRACTOR'S FINAL APPLICATION FOR PAYMENT) PROJECT NAME: Landfill Gas Welifield Expansion Project Personally before me the undersigned officer, authorized by the laws of said state to administer oaths, comes , who on oath says: That he is the CONTRACTOR with whom Indian River County, Florida, a political subdivision of said state, did on the day of ,20 , enter into a contract for the performance of certain work, more particularly described as follows: Fabrication, delivery, and installation of landfill gas blower sled and piping at the Indian River County Landfill, located at 1325 74a' Ave SW, Vero Beach, FL 32968, in accordance with the plans and specifications developed by Biogas Engineering. UNDER PENALTY OF PERJURY, affiant further says that said construction has been completed and the Contract therefore fully performed and final payment is now due and that all liens of all firms and individuals contracting directly with or directly employed by such CONTRACTOR have been paid in full EXCEPT: Name Description/Amount who have not been paid and who are due the amount set forth. Affiant further says that: 1. CONTRACTOR has reviewed the Contract Documents. 2. CONTRACTOR has reviewed the Work for compliance with the Contract Documents. 3. CONTRACTOR has completed the Work in accordance with the Contract Documents. 4. All equipment and systems have been tested in the presence of the ENGINEER or his representative and are fully operational with no defects or deficiencies except as listed below. 5. The Work is complete and ready for final acceptance by the OWNER. 6. CONTRACTOR hereby certifies that it has no claims against the OWNER. Certificate of Final Completi4oP; (Corporate Seal) (Contractor) By: STATE OF _ COUNTY OF Sworn to (or affirmed) and subscribed before me by means of ❑ physical presence or ❑ online notarization this day of , 20_. (Signature of Notary Public - State of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) ❑ who is personally known to me or ❑ who has produced as identification. Certificate of Final Complet4fi j Change Order Form No. EFFECTIVE DATE: OWNER: Indian River County CONTRACTOR SCS Field Services Project: Landfill Gas Wellfield Expansion Project The following changes are made to the Contract Documents: Description: Reason for Change Order: Attachments: (List documents supporting change) CHANGE IN CONTRACT PRICE: Description Amount Original Contract Price $ Net Increase (Decrease) from $ previous Change Orders No. to Contract Price prior to this $ Change Order: Net increase (decrease) of this $ Change Order: Contract Price with all approved $ Change Orders: ACCEPTED: By: CONTRACTOR (Signature) Date: CHANGE IN CONTRACT TIMES Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Completion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Com letion: RECOMMENDED: By: ENGINEER (Signature) Date: APPROVED: By: OWNER (Signature) Date: Change Order4m Environmental Consulting & Contracting October 18, 2024 Himanshu Mehta Managing Director Indian River County - Solid Waste Disposal District 1325 74th Avenue SW Vero Beach, FL 32968 Subject: Proposal to Install Vertical Wells and HDPE Vacuum, Air and Forcemain Piping Indian River Landfill, Vero Beach, Florida Dear Mr. Mehta: SCS Field Services (SCS -FS) is pleased to provide this proposal to you for the subject work based on discussions between SCS -FS and Indian River County (County). SCS -FS is prepared to schedule the work following approval by the County. A summary of the scope of work and cost is outlined below. BACKGROUND In September 2024, SCS -FS abandoned eight vertical wells, along with the vacuum lateral piping, air piping, and forcemain piping, due to a sliver fill on the north slope of Cells 1 and 2 in Segment 3 of the landfill. At the County's request, once the sliver fill is completed by operations, SCS -FS will install eight new vertical wells on the north slope of Cells 1 and 2. New vacuum lateral piping, air piping, and forcemain piping will also be installed for each of these wells. Additionally, vacuum lateral piping will be connected to the seven side slope collectors that were left in place. To account for the 20-30 feet of additional waste placed in Cell 2, two new vertical wells will be installed to replace wells EW -179 and EW - 177. SCOPE OF WORK Task One: Vertical Well Installation SCS -FS will provide labor equipment and materials to install new vertical wells based on.th+e following scope of work description: • One mobilization and demobilization of Recovery Drilling Services • Drilling 1,015 vertical feet to install seven replacement wells: EW -41, EW -56R, EW -69, EW -70, EW -72R, EW -177, EW -179, and three new vertical wells: EW -2401, EW -2402 and EW -2403 based on Figure 1. SCS -FS does not recommend installing replacement wells EW -68, EW -71 and EW -74 at this time due to shallow waste depths. The well schedule is presented in Table 1. • Installation of 816 feet of 8 -inch schedule 80 perforated PVC pipe. Perforated pipe will be backfilled with #4 non calcareous stone. A geocomposite ring and bentonite seal will be installed on top of the stone. • Installation of 250 feet of 8 -inch schedule 80 solid PVC pipe. Solid pipe will consist of 20 feet below grade and 5 feet above grade. Below grade pipe will be backfilled with clean fill material. Mr. Himanshu Mehta October 18, 2024 Page 2 • Each new well will be equipped with an 8 -inch dual extraction QED well cap. Wellheads that were removed from abandoned wells will be installed on the seven replacement wells and three new vertical wells. • Three new QED AP -4 plus pumps, fittings, and hardware will be installed in the three new vertical wells. Existing pumps that were removed from the abandoned wells will be installed in the seven replacement wells. • Vertical well spoils will be transported to the active work face by SCS -FS. Task Two: HDPE Vacuum Lateral, Air and Forcemain Piping Installation SCS -FS will provide labor equipment and materials to install new HDPE vacuum lateral (SDR -17), air (SDR - 9) and forcemain (SDR -11) piping based on the following scope of work description: • Install 280 feet of 6 -inch vacuum lateral, 2 -inch air and 3 -inch forcemain piping from well EW - 39 to replacement well EW -56R and tie into the existing piping at EW -55. • Install 360 feet of 6 -inch vacuum lateral, 2 -inch air and 3 -inch force main piping from well EW - 40 to well EW -42. • Install the 18 -inch valve that was removed at location ZV-21. Install 560 feet of 18 -inch vacuum lateral, 2 -inch air and 3 -inch force main piping from ZV-21 to the tie in location at SC - 5. Vacuum, air and forcemain risers will be installed at replacement wells EW -69, EW -70 and side slope collectors SC -3 and SC -4. • Install the 24 -inch valve that was removed at location ZV-20. Install 160 feet of 24 -inch vacuum lateral, 2 -inch air and 3 -inch forcemain piping from valve ZV-20 to downslope of SC -1. The 24 -inch vacuum lateral will terminate with a blind flange for future lateral piping. A 24 - inch by 8 -inch tee will be installed prior to the blind flange. • Install 880 feet of 8 -inch vacuum lateral, 2 -inch air, and 3 -inch forcemain piping to side slope collectors SC -1, SC -2, replacement well EW -72 and new wells EW -2401, EW -2402 and EW - 2403. • Clean fill will be backfilled around all piping. Trench spoils that cannot be backfilled will be transported to the active working face by SCS -FS. ASSUMPTIONS The scope of work is based on the following assumptions: • At a minimum, SCS -FS will have site access and permission to work Monday through Saturday from 7:00 AM to 7:00 PM. • The scope of work is based on one drill rig mobilization and demobilization. If additional mobilizations are needed there will be an additional cost based on the fee schedule. • Scope of work does not include new include new wellheads. Additional wellheads will be charged based on the fee schedule. • Piping installation quantities are approximate and may vary. • The work area will be accessible and free of obstructions or other work activities performed by others that could delay the installation process. • SCS -FS may limit or restrict access to any and all traffic adjacent to the work area as needed. • Any additional drug testing or personnel background requirements to work for this project - those costs need to be passed through. Also, consider the time it takes to perform these checks/tests. • Additional change orders may be needed if changes to the scope of work are made after the date of this proposal or if costs due to unforeseen circumstances. • Payment terms to SCS -FS will be NET 30 or less. 496 Mr. Himanshu Mehta October 18, 2024 Page 3 COMPENSATION SCS -FS can perform the services described in the scope of work based on the following cost table: Description Unit Rate Qty. Sub -Total Task One: Vertical Well Installation Drill Rig Mobilization and Demobilization $10,350 1 ea. $10,350 Vertical Well Installation per Foot (all inclusive) $200/FT. 1015 $203,000 Task One Sub -Total: $213,350 Task Two: HDPE Vacuum Lateral, Air and Forcemain Piping Installation HDPE Vacuum Lateral, Air and Forcemain Piping $252,000 Lump Sum $252,000 ED AP -4 Plus Pumps $6,900 3 ea. $20,700 ED 2 -inch Orifice Plate Style Wellheads $805 0 ea. $0 Task Two Sub -Total: $272,700 Total Cost: $486,050 CLOSING SCS -FS appreciates the opportunity to provide our proposal to Indian River County. If you have any questions or require any additional information, please contact Brian Basconi at 401-486-4897. Sincerely, Brian Basconi Project Manager SCS Field Services BB/GAC porolffi�,- Garold (Tony) A. Cartee Regional Manager/ Vice President SCS Field Services 497 d° v raw va+w..e.mmewaw 00 c1� IRt :: �,' �.- ! �� � ...�.ti ; ,;�t�� fife i.(: � �tti � ��i,Yr }i� �f }"1 1111} i (,ll��,`•� ���1 '�� (�� .i��.�-� ��'=-.._.. � f'f ! } .. .. � i�-AeS� �� }' ,, 1� �,. � r ,! ✓ � � � i it� {{y v y {' � � i 4 1 � � I� } i i j � � p� :, h i� � t;f� f� � �ti �i fll �"'? �y,,1t �i,a,fi � f i�{{� '�,+t�r(tt! �, t1) � � •�J �, ��. � ;1'v ,r r� �c� � 1�� ��!yt:� `}i�i'�� �} kl��if� ,t y;t �� � , 51i♦ f �I�'11jj ' ��'� ,;I t�. ��� I II k I Ii��_i.�Lf�,f.����ii��,i�- d U 1-4b Q� U Lit Ai O C8 Cd rn LLO l� b Cd 0 M U ai a� H Cd W A Cd b Ai 1--�I r--1 Cd H 00 N N N N aN tn tn N N v rn un l� M r - CD O O M M M a, 00 m eq � N M N 000 00 00 w y O � z�C,in _ CC 06 N 00 00 00 3� N00 ON IV PC 00 0 11 a rn eq kn p, w a M 00• •-" 0000 0000. to l0 N 00 00 Qw k V p � f/l a •O NN N N N N N N N N N (J I v L O m m N a en en N 00 GL a- A w M '^ oo ; " 00 �c W) m �6 '^ v o .�. A uFz, A M 0 N O1 ^" ? a 000 00, rol 3 C p O N W Kl en M en M M M it N M M 0 N M N a N N 0 L.% M oO oO oc w1 O\ O\ 00 tz W ID 'D N r- N w)00 w N vl � � C l+ %.0N C\ N M V1 00 00 ON1 lC O C\ N r- 00 O O N 00 N N N � M W N N N N N N N N N N N N N N 00 o0 00 00 00 00 00 00 00 00 cd OD O M O� Obi �p r••i M ON O, C ,y i+ to 00 00 l— 00 O\ 1.0 00 'IT tn M `p as N 00 N 00 N 00 p ON ON C� O, ON C� C1 O� C\ O� A O NN 0 0 0 N N N i 3 O z 00 N N N N aN tn tn N N v rn un l� M r - CD O O M M M a, 00 m eq � N M N 000 00 00 w y O � z�C,in _ CC 06 N 00 00 00 3� N00 ON IV 1563 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: October 22, 2024 To: John A. Titkanich, Jr., County Administrator From: Sean Lieske, PE, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, Solid Waste Disposal District Subject: Final Pay to Geosyntec for Work Order WO No. 19 — Permit Compliance Monitoring and Reporting Indian River County Landfill Facility Descriptions and Conditions: On January 31, 2023 the Solid Waste Disposal District (SWDD) Board approved CCNA-2023-Work Order No. 19 to Geosyntec Consultants, Inc. in the amount of $270,152.97. On August 29, 2023, Amendment No. 1 was approved in the amount of $15,992.83 for at total approved budget of $286,145.80. Geosyntec's authorized scope of work included general consulting/meeting support/ project management, semi-annual sampling and reporting, quarterly assessment monitoring and reporting, Title V permit compliance and reporting, technical and miscellaneous permit compliance support and reporting, and storage tank groundwater monitoring well installation, sampling and reporting. Analysis: Geosyntec has satisfactorily completed all of the tasks described in the scope of work for a total invoiced amount of $279,346.87 which includes the final invoice of $8,281.98. The total project has been completed under budget. Attached is Geosyntec's letter report describing in more details the services provided under this work order. Funding: Funding for Site Preparation of Segment 3, Cell 3 is budgeted and available in the SWDD/Landfill Leachate account number 41121734-033493, for a total amount of $8,281.98. Description Account Number Amount SWDD/Landfill 41121734-033493 $8,281.98 Recommendation: Solid Waste Disposal District staff recommends that its Board approve Geosyntec's final invoice amount of $8,281.98. Attachment: 1. Geosyntec Project Completion Report & Final Invoice. 5b6b91f0-d8cd-4dc1-92fd-9018f597d2b6 19, Amend 1 5 M 1 of 1 Geospte& consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 900 Broken Sound Parkway, NW Suite 200 Boca Raton, Florida 33487 Pa 561.995.0900 www.geosyntec.com 14 October 2024 Subject: Project Management Completion Report and Transmittal of Invoice No. 586225 IRC — 2023 Permit Compliance Monitoring and Reporting IRC Work Authorization No. CCNA-2018-Work Order No. 19 and Amendment No. 1 Indian River County Landfill Facility, Vero Beach, Florida Dear Mr. Mehta: INTRODUCTION Geosyntec Consultants, Inc. (Geosyntec) is pleased to present to you this project completion report for Geosyntec Project No. FL3738D — 2023 Permit Compliance Monitoring and Reporting for the Indian River County Landfill Facility. This project was completed under Work Order No. CCNA-2018-Work Order No. 19 authorized on 31 January 2023 and Amendment No. 1 authorized on 29 August 2023 pursuant to that certain Continuing Contract Agreement for Professional Services, dated 17 April 2018 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). This report has been prepared as a supplement to our final invoice No. 586225, dated 4 October 2024. SCOPE OF WORK The scope of work authorized under Work Order No. CCNA-2018-Work Order No. 19 was divided into six phases: (i) general consulting/meeting support/project management; (ii) Semi - Annual Sampling and Reporting; (iii) Quarterly Assessment Monitoring and Reporting; (iv) Title V Permit Compliance and Reporting; (v) Technical and Miscellaneous Permit Compliance Support and Reporting; and, (vi) Storage Tank Groundwater Monitoring Well Installation, Sampling, and Reporting. The scope of work authorized under Amendment 1 to Work Order No. CCNA-2018-Work Order No. 19 was for the installation of one irrigation well (to 60 feet below land surface) and abandonment of two irrigation wells. The following is a phase -by -phase summary of the work that Geosyntec performed under this Work Order. FL3738-01/ FL3738B JL22033A Project Completion Letter.doc engineers I scientists I innovators 501 Mr. Himanshu H. Mehta, P.E. 14 October 2024 Page 2 Phase 1— General Consulting/Meeting Support/Project Management Under this phase, Geosyntec performed project planning and management responsibilities, such as meetings and correspondences with SWDD, ENCO Labs, Eurofins Laboratory, Republic, and the Florida Department of Environmental Protection (FDEP); invoice review and preparation; project coordination; and project administration. Phase 2 — Semi -Annual Sampling and Reporting Under this phase, Geosyntec completed the January and July 2023 semi-annual sampling and prepared the water -quality monitoring reports for the Class I Landfill and C&D Debris Disposal Facility for submittal to FDEP as required by the WQMP. Phase 3 — Ouarterly Assessment Monitoring and Reporting Under this phase, Geosyntec completed the January, April, July and October 2023 quarterly sampling and prepared the water -quality assessment monitoring reports for the C&D Debris Disposal Facility select groundwater wells and surface water locations for submittal to FDEP as required by the WQMP and the October 14, 2019 correspondence from FDEP to SWDD. Phase 4 — Title V Permit Compliance and Reporting Under this phase, Geosyntec prepared and submitted the Title V Air Permit compliance monitoring reports [including the annual statement of compliance, electronic annual operating report (EAOR), semi-annual monitoring reports, and annual LFG sulfur content testing and emissions report]. Phase 5 — Technical and Miscellaneous Permit Compliance Support and Reporting Under this phase, Geosyntec provided SWDD with technical support and miscellaneous permit compliance support services related to the Class I Landfill and C&D Debris Disposal Facility including, among other things: • quarterly monitoring and reporting of the LFG monitoring wells located at the perimeter of the site and also in enclosed structures; • provide assistance for the leachate evaporator permit; • installation and abandonment of two irrigation wells; and • miscellaneous permit and compliance support services. FL3738D/ FL3738D_Work Order 5 Project Completion Letter engineers I scientists I innovators 502 Mr. Himanshu H. Mehta, P.E. 14 October 2024 Page 2 Phase 6 — Storage Tank Groundwater Monitoring Well Installation, Sampling, and Reporting Under this phase, Geosyntec completed groundwater sampling and reporting associated with Permit Modification No. 0128769 -033 -SO -MM and Approval of Request for Alternate Procedure — SWAP 22-1 (Order) that allowed SWDD to use the existing 500,000 -gallon tank as a leachate storage tank. This effort included the installation of four groundwater monitoring wells and completion of five groundwater sampling events (three initial events and two quarterly events) as well as the associated reporting outlined in the Order. Amendment No 1 Under this amendment, Geosyntec installed one irrigation well to 60 feet below land surface (ft bls) and abandoned two irrigation (depth of 80 ft bls). Based on conversations with SWDD in August 2024, only one irrigation well (depth of 80 ft bls) was abandoned. BUDGET The approved budget for Work Order No. CCNA-2018-Work Order No. 19 was $270,152.97 and t he approved budget for Amendment No. 1 was $15,992.83 which totaled a budget of $286,145.80. The total invoiced amount, including the final invoice, is $279,346.87. Therefore, Geosyntec completed this project under the approved budget (since only one irrigation well was abandoned under Amendment No. 1). CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any question regarding this correspondence, please feel free to contact the undersigned at (561) 922-1087. Sincerely G'104�� Cristina Graver, P.E. Senior Engineer Enclosure: Invoice No. 586225 FL3738D/ FL3738D_Work Order 5 Project Completion Letter engineers I scientists I innovators 503 Geosynteccl consultants Mr. Himanshu H. Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue Southwest Vero Beach, Florida 32968 900 Broken Sound Parkway, NW Suite 200 Boca Raton, Florida 33487 PH 561.995.0900 www.geosyntec.com 10 October 2024 Subject: Project Management Report and Transmittal of Invoice No. 586225 IRC — 2023 Permit Compliance Monitoring and Reporting Indian River County Landfill Facility Dear Mr. Mehta: Geosyntec Consultants (Geosyntec) prepared this project management report to address the professional services for the 2023 Permit Compliance Monitoring and Reporting project at the Indian River County (IRC) landfill facility. This report presents: (i) a budget overview for this project; (ii) a summary of activities completed to date; (iii) a discussion of the work reflected on the enclosed invoice; (iv) a discussion of ongoing work; and (v) recommended actions for the site. The enclosed invoice reflects work that was performed through 30 September 2024. Table 1 provides invoicing detail for the project. PROJECT MANAGEMENT SUMMARIES Geosyntec's Project No. FL37381): 2023 Permit Compliance Monitoring and Reporting — Indian River County Landfill Facility (IRC Work Authorization No. CCNA-2018 Work Order No. 19) and Amendment No. 1 Budget Overview Invoice No. 586225 (enclosed) dated 04 October 2024 for $8,281.98 is the 11th invoice for Project No. FL3738D. Listed below is a summary of the budget, including invoiced amount and remaining budget. Approved Budget: $286,145.80 Invoiced Amount: $279,346.87 Remaining Budget $ 6,798.93 Geosyntec is within the budget appropriated for this project. WORK COMPLETED TO DATE The tasks performed under this invoice include the abandonment of one irrigation well. FL3738-01\FL3738D 10 2024 Invocie engineers I scientists I innovators 504 Mr. Himanshu H. Mehta, P.E. 10 October 2024 Page 2 WORK REFLECTED ON ENCLOSED INVOICE Labor reflected on the enclosed invoice is mainly attributed to the following: • Labor indicated as professional services ($8,281.98) is associated with the items listed above, including project management. • Other expenses are associated with communications fee and are built into the lump sum amount above. ONGOING WORK This is the last invoice for the project as Geosyntec understands' the second irrigation well is not going to be abandoned. RECOMMENDED ACTIONS None CLOSURE Geosyntec appreciates the opportunity to provide services to Indian River County. If you have any questions regarding this correspondence, please feel free to contact me at 561.922.1087. Sincerely, Cristina Graver, P.E Senior Engineer Enclosure —Invoice No. 586225 FL3738D-01\FL3738D 10 2024Invocie engineers I scientists I innovators 505