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12/03/2024
6tORVV�- COUNTY COMMISSIONERS Joseph Flescher, District 2, Chairman Deryl Loar, District 4, Vice Chairman Susan Adams, District 1 Joseph H. Earman, District 3 Laura Moss, District 5 1. CALL TO ORDER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY FLORIDA COMMISSION AGENDA TUESDAY, DECEMBER 3, 2024 - 9:00 AM Commission Chambers Indian River County Administration Complex 1801 27th Street, Building A Vero Beach, Florida, 32960-3388 www.indianriver.gov John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Randy Fullerton, Glendale Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Susan Adams 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Honoring Ira Dean Curry on His Retirement from Indian River County Board of County Commissioner Department of Public Works / Road & Bridge Division Attachments: Proclamation S.B. Presentation of Opioid Needs Assessment by Thrive, Inc. (Formerly Substance Awareness Center) 6. APPROVAL OF MINUTES 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION December 3, 2024 Page 1 of 8 7.A. SWDD Closures and Collection Service Changes for Christmas and New Year's Attachments: Staff Report Christmas New Years Schedule 2024 7.B. Administrator Approved Items Attachments: Staff Report 7.C. Event Calendar Attachments: Staff Report 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS 9. CONSENT AGENDA 9.A. Checks and Electronic Payments October 19, 2024 to October 25, 2024 Attachments: Comptroller Division Staff Report 9.B. Checks and Electronic Payments October 26, 2024 to November 1, 2024 Attachments: Comptroller Division Staff Report 9.C. Checks and Electronic Payments November 2, 2024 to November 8, 2024 Attachments: Comptroller Division Staff Report 9.D. Checks and Electronic Payments November 9, 2024 to November 15, 2024 Attachments: Comptroller Division Staff Report 9.E. First Extension to Agreement for Annual Temporary Day Labor Services (Bid 2024022) Attachments: Staff Report First Extension • 9.F. Waiver of Bid Requirement for WWTF Tank Purchases Attachments: Staff Report Quotes 9.G. Annual Resolution Delegating authority to Call Letters of Credit in Local Emergencies to the County Administrator Attachments: Staff Report Resolution Delegating authority to County Administrator 9.H. Annual Resolution Delegating Authority to Declare Local Emergencies to the County Administrator Attachments: Staff Report 24.11.18 2024-2025 Annual delegation of authority for declaration of emergencies December 3, 2024 Page 2 of 8 9.I. Employment Contract for the Deputy County Attorney Attachments: Staff Report Employment Contract for Susan Prado 9.J. Indian River County Library State Aid to Libraries Grant Attachments: Staff Report Grant Agreement Certification of Hours IRC Library System Annual Plan of Service 2024-2025 9.K. Approval of Contract for WebEOC Incident Management Software Attachments: Staff Report WebEOC ESi EUSA Indian River Final 9.L. Approval of Resolution Adopting the 2024 Indian River County Comprehensive Emergency Management Plan (CEMP) Attachments: Staff Report Resolution Indian River County CEMP Compliance Letter 9.M. Request from East Coast Ambulance, LLC for a renewal of their Class `B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County and Class "C" Non -Emergency Inter -Facility Transports Requiring a Physician's Order - Administrative Attachments: Staff Report East Coast Ambulance Application 9.N. Microsoft Enterprise Agreement Renewal - Correction Attachments: Staff Report Insight Quote CDW Quote SHI Quote Microsoft Agreement and Supplements 9.0. Government Channel 27/CableCast Live Streaming Service Attachments: Staff Report IM Solutions Quote December 3, 2024 Page 3 of 8 9.P. Florida Department of Environmental Protection Local Government Funding Request Grant 25IR1, Indian River County's Sector 3 Hurricanes Ian and Nicole Dune Restoration Cost -Share Funding Assistance Attachments: Staff Report FDEP Grant Agreement 251R1 IRC Grant Form No 251R1 9.Q. Agency Cost -Share Agreement between the Indian River Lagoon Council and Indian River County for the National Oceanic ' and Atmospheric Administration Transformational Habitat Restoration Grant for Seagrass Projects at Big Slough and Preachers Hole Attachments: Staff Report Cost -Share Agreement Exhibit A Exhibit B Expanded NOAA Narrative IRC IRL2024N-08 Grant Form 9.R. Assignment and Amendment of License Agreement for Surfsedge at Tracking Station Beach Park Attachments: Staff Report 24.11.25 Assignment of License Agreement Final Exhibit B Revised Minutes from April 4 2017 BCC Meeting Minutes from November 20 2018 BCC Meeting 2018-260 License Agreement 9.S. Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant Attachments: Staff Report Authorizing Resolution FDOT Public Transportation Grant Agreement Grant Budget Form 9.T. Final 2024 Urban Service Boundary (USB) Study Attachments: Staff Report 9.U. Final 2024 Comprehensive Plan Evaluation and Appraisal Report (EAR) Attachments: Staff Report December 3, 2024 Page 4 of 8 9.V. Work Order No. 15 - Kimley-Horn and Associates, Inc., 8th Street Reconstruction from 66th Ave to 82nd Ave (IRC -2316) Attachments: Staff Report Kimley-Horn Work Order No. 15 9.W. Acceptance of Utility Easements - Spirit of Sebastian PUD Pods 1B-1, 1B-2 and 1A (Located Within the Municipal Boundaries of the City of Sebastian) Attachments: Staff Report Proposed SOS PUD Pod 1 B-1 Final Plat Proposed SOS PUD Pod 1 B-2 Final Plat Proposed SOS PUD Pod 1A Final Plat 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10.A. Property Appraiser's Annual Fiscal Report Attachments: 2024_Property_App_Annual Report 10.B. Tax Collectors Annual Fiscal Report Attachments: Tax Collectors Annual Fiscal Report 11. PUBLIC ITEMS A. PUBLIC HEARINGS 11.A.1 Pulte Home Company, LLC's Request for Modified Conceptual Planned Development (PD) and Special Exception Approval for a Residential Development to be known as Emerson Oaks PD [PD -24-03-01 / 2021040075-96000] Attachments: Staff Report Location Map Aerial Map Conceptual & Preliminary PD Plan Landscape Plan 11.A.2. Second Public Hearing - Amended and Restated Developers Agreement Between Providence Point Vero Beach, LLC and Indian River County Attachments: Staff Report Aerial Photo Proposed Amended and Restated Developers Agreement with Providence Point Vero Beach, LLC Copy of Original Developers Agreement with Providence Point Vero Beach, LLC Affidavit of Publication - Providence Pointe Dev. Agrmt. B. PUBLIC NOTICE ITEMS December 3, 2024 Page 5 of 8 11.B.1. Public Notice of Public Hearing Scheduled for December 17, 2024, to Consider Notice Of Intent To Use Uniform Method Of Collecting Non -Ad Valorem Assessments Attachments: Staff Report 11.B.2. Public Notice of Public Hearing for December 17, 2024, to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 1 Year with regard to Class B Biosolids Attachments: Staff Report • Affidavit of Publication - Biosolids Moratorium Ordinance 12. COUNTY ADMINISTRATOR MATTERS 12.A. City of Vero Beach - Request for County Funding for Humiston Boardwalk Attachments: CAI COVB Request for Funding Humiston Boardwalk COVB 2024 11-19 John Titkanich Humiston Boardwalk COVB Humiston Boardwalk Alternatives 2024 11-19 COVB Boardwalk Alternatives Aug 14 2024 COVB June 5 2024 CC Agenda Item 13. DEPARTMENTAL MATTERS A. Building and Facilities Services B. Community Services C. Emergency Services D. Human Resources E. Information Technology F. Natural Resources 13.F.1. Coastal Construction Project Access - Graf Application. Attachments: Staff Report License Agreement G. Office of Management and Budget H. Parks, Recreation, and Conservation I. Planning and Development Services J. Public Works K. Sandridge Golf Club L. Utilities Services December 3, 2024 Page 6 of 8 13.L.1. Update Regarding EPA Mandated Notice of Unknown Service Line Material Letter Dated November 8, 2024 Attachments: Staff Report Notice of Unknown Service Line Material letter Lead Service Line Replacement pamphlet Second Follow Up Letter 14. COUNTY ATTORNEY MATTERS 14.A. Fire Station 11 Completion Contract Attachments: Staff Report Tender Agreement 11 21 24 Final General Conditions PCC v1 - 11-12-2024 Section 00800 Supplementary Conditions. PCC v1 Exhibit A Construction Agreement 112124 Final 14.B. Monitoring of Committees Attachments: Staff Report Resolution - Committee Monitoring CA02 14.C. Purchase of Parcel of Property for Fire Station #16 Attachments: Staff Report Purchase and Sale Agreement 15. COMMISSIONERS MATTERS A. Commissioner Joseph E. Flescher, Chairman B. Commissioner Deryl Loar, Vice Chairman 15.B.1. Quarterly Updates from County Administrator and County Attorney Attachments: Commissioner's Memorandum C. Commissioner Susan Adams 15.C.1 Opioid Task Force Update Attachments: Commissioner's Memo Indian River County- Task Force Recommendation D. Commissioner Joseph H. Earman E. Commissioner Laura Moss 16. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District December 3, 2024 Page 7 of 8 16.B.1. Approval of the SWDD Budget Workshop Minutes of July 10, 2024 16.B.2 Approval of the SWDD Meeting Minutes of September 10, 2024 16.B.3. Approval of Amendment No. 3 to Work Order No. 1 to Geosyntec for Phase 2, Segment 3, Cell 3 Engineering Services Attachments: Staff Report Geosyntec Landfill Amendment No 3 to Work Order No 1 16.B.4. Request for General Fund funds for PACE EH and Other Community Cleanup Projects Attachments: Staff Report . Letter from the Health Department C. Environmental Control Board 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS 18. 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. December 3, 2024 Page 8 of 8 V4 ao F2 M i TAfT 11 HONORING IRA DEAN CURRY ON HIS RETIREMENT FROM INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS DEPARTMENT OF PUBLIC WORKS / ROAD & BRIDGE DIVISION Whereas, Ira Dean Curry retired from Indian River County Department of Public Works, Road & Bridge Division effective November 14, 2024; and 'Whereas, Ira Dean Curry began his career with Indian River County on November 14, 2014, as a Senior Maintenance Worker. On April 1, 2016, he was promoted to Heavy Equipment Operator, and he remained in this position until his retirement; and Whereas, Ira Dean Curry has served this County and Public with distinction and selflessness. He has gained the respect and admiration of his colleagues, co-workers and citizens within the County and his work is greatly appreciated; and Wow, 7 erefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that the Board applauds Ira Dean Curry's hard work representing the organization on behalf of the County; and the Board wishes to express their appreciation for the dedicated service he has given to Indian River County for the past ten years; and Be It Further Proclaimedthat the Board of County Commissioners and staff extend heartfelt wishes for success in his future endeavors! Adopted this December 3, 2024. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Joseph E. Flescher, Chairman 1/23/2025 -�11 a �kyact`z K 3 19m�rr#eWgi'Se 08, }. Alcohol, cocaine and 88% of The adult binge drinking rate curve I y o sates are the most P participants reported in 112C was 20.5%, higher i * . commonly misused l than the state average of € knowing someone substances according who has engaged in ° o 18.7 Additionally, 15.9 /° of to the community harmful substance adults in IRC were current smokers, slightly above the survey. use. z Florida average of 14.8% 2019 f )� x z� o _ t Y zv- - :. The community survey found ° 32% of admitted marijuana .. 73:3% of--youth in that IRC do not perceive adults trying marijuana as to harmful harmful (2022). a u use. ' 2 .... 1/23/2025 ..� F� r <- £ tIV �� .. .. ;Nk'btO _ l� . _ s3 The most common reason 26.3% of individuals in IRC have for substance misuse was to experienced four or more Adverse cope with trauma, stress, Childhood Experiences (ACEs), y ' or pain, as reported by the compared to 21.4% statewide in community survey. Florida (2022).2 "3 16% of individuals in IRC 49.5% of youth in IRC experienced mental distress, reported feeling depressed defined as poor mental health or sad most days over the Y' for 14 or more days in the past year, higher than the past month, compared to 13% state average of 47.7% in statewide in Florida (2020).3 Florida.2 IRC's drug overdose rate per 100,000 is higher than Florida average. IRC's overdose rate increased from 42 to 43.5, whereas Florida's decreased from 38.5 to 35.9 over the same period (2022).6 IRC EMS responded to 624 calls related to drug overdose (2022).6 6 Florida Department of Health Substance Use Dashboard I Date: November 14, 2024 Indian River County, Florida Department of Utility Services Board Memorandum 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 Christmas and New Year's Recommendation: In observance of the Christmas and New Year's Day holidays, the Main County Landfill and the five Customer Convenience Centers will be closed on Wednesday, December 25, and Wednesday, January 1. The chart below provides information regarding collection services in unincorporated Indian River County and the municipalities. Residents may visit the Solid Waste Disposal District website at www.indianriver.gov for more information. Attachments: i Unincorporated IRC Town of Orchid Garbage services will be shifted by one day. li you are a Wednesday customer, you will be servrcxd onThursday, Dec. 2f �' It you area Thursday customer, you will be serviced on Friday, Dec 27. H you area Friday ritstomer. you will be serviced on Saturday, Dec. 29 Same schedule for the following week (New years) 0 you are a Wednesday customer, you will he serviced on Thursday, Jan. 2. 11 you are a Thursday customer, you will be serviced on Friday, Jan. 3. M you are a Friday customer, you will be serviced on Saturday, Jan. 4.: If yav 1k}Y{' a-s!—s regarding y(>tl/se!l'![e SrJleaa ptease ray 1VN1 tb rmer y. mown ar. W a ste Management) a[ It you are a Tuesday (12/24) or -Wednesday (12/25 or'/1) ustomer, your garbage will be serviced on your next scheduled service day. IJ you hove questions regarding your service schedule, ofeasecalt the CdyoJV85ol+d Waste Dio5m of 978,5300. No change for Town of Orchid Garbage pick up will be on your regular day. N Hal�i and Recvclina 3ery Th7efive Customer Convenience Centers and For more 1: inti dation visit: www. i nd'ia'n rive p p . .. ... . .. ... i p I nincorpo IRC City of Fellsmen city --T Sebastian City of Vero UkBeach Town of Orchid Christmas 6 New Year's n 1 1 r1 1. n . r a Garbage services wi e s i ed by one day. If you are a Wednesday customer, you will be serviced on Thursday, Dec. 26. If you are a Thursday customer, you will be serviced on Friday, Dec. 27. If you are a Friday customer, you will be serviced on Saturday, Dec. 28 Same schedule for the following week (New Years) If you are a Wednesday customer, you will be serviced on Thursday, J If you are a Thursday customer, you will be serviced on Friday, Jan. _ ", If you are a Friday customer, you will be serviced on Saturday, Ja If you have questions regarding your service schedule, please call WM (formerly known as Waste Management) at 569-1776 or visi If you are a Tuesday (12/24) or Wednesday (12/25 or 1/1) 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 VB Solid Waste Division at 978-5300. No change for Town of Orchid Garbage pick up will be on your regular day. If you have any questions regarding your service schedule, please call the Waste Pro at 595-9390. If you are a Wednesday (12/25 or 1/1) customer, your garbage will be Indian River serviced on your next scheduled service day. Shores If you have questions regarding your service schedule, please call Republic Services at 562-6620. schedule, please call Republic Services of 562-6670. 7,8 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 20, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director, Office of Management and Budget Jennifer Hyde, Purchasing Manager FROM: Shelby Ball, Purchasing Specialist SUBJECT: Administrator Approved Items BACKGROUND: The Board has approved Continuing Consulting agreements with various firms under the Consultant's Competitive Negotiations Act (CCNA) to provide professional consulting services for Engineering, Architectural, Geotechnical, Environmental, Biological, Surveying and Mapping services. Section 105 of the Code of Indian River County authorizes the Administrator to approve work orders for CCNA agreements up to $35,000, and it is the Administrator's desire for the Board to be notified of those approvals. The related work orders are reviewed and approved by the Department Head, Purchasing, and the Attorney's Office, prior to execution by the County Administrator. Copies of these approved Work Orders are available for review in the Purchasing Division. Administrator Approved Work Orders July 1, 2024, thru November 1, 2024 2022064 Continuing Surveying & Mapping Consulting Services Date Department Vendor Project Title/Scope Work Order Approved Amount 10/22/2024 Utilities Masteller, Spoonbill Marsh Power Service $850.00 Moler & Taylor Feed 2023015 Continuing Consulting Engineering Services Date Work Order Department Vendor Project Title/Scope Approved Amount 10/17/2024 Natural Aptim Sector 3 Post Hurricane Milton $11,415.00 Resources Environmental Engineering Report The County Administrator may also review and approve purchase orders and purchase order change orders up to his authority limit of $75,000. It is the Administrator's desire for the Board to also be notified of these approvals. 5 The related purchase orders and purchase order change orders are reviewed and approved by the Department Head, Purchasing and the Budget office prior to review and approval by the County Administrator. From July 1, 2024, through November 1, 2024, the Administrator has approved a total of 27 purchase orders for a total of $1,663,352.97 plus 9 change orders for a combined overall purchase order increase of $114,000.00. Administrator Approved Purchase Orders July 1, 2024, thru November 1, 2024 Purchase Purchase Date Department Vendor Project Title/Scope Order Order # A p rd Boat, Trailer and 99429 Natural Resources Anchorage Yacht Associated Safety $49,963.00 7/9/2024 Basin Equipment 99626 Fire Services WEIMANN ST. 10 BATHROOM $51,600.00 08/09/2024 CONSTRUCTION 99631 Recreation CDA SOLUTIONS NCAC ALUMINUM $68,814.97 08/12/2024 DOOR REPLACEMENT Sandridge 99852 Operations/ ACUSHNET PRO SHOP INVENTORY $75,000.00 09/26/2024 Clubhouse COMPANY 100013 Utilities - Water PETER J CASSARA CONCRETE PATCHING $75,000.00 09/17/2024 Dist. Sandridge PORT 100214 Operations/ CONSOLIDATED FUEL DELIVERY $58,000.00 09/24/2024 Clubhouse INC 100216 Fire Services INDIAN RIVER OXYGEN $65,000.00 09/24/2024 OXYGEN INC 100227 Fire Services CARDINAL MEDS $40,000.00 09/24/2024 HEALTH 110 INC 100233 Fire Services BRADY JANITORIAL SUPPLIES $50,000.00 09/24/2024 COMPANIES LLC 100415 Fire Services GALLS LLC UNIFORMS $40,000.00 09/26/2024 Sandridge ROGER 100417 Operations/ CLEVELAND GOLF PRO SHOP INVENTORY $75,000.00 09/26/2024 Clubhouse INC Sandridge 100418 Operations/ CALLAWAY GOLF PRO SHOP INVENTORY $75,000.00 09/26/2024 Clubhouse SALES COMPANY T Administrator Approved Purchase Orders July 1, 2024, thru November 1, 2024 Purchase Purchase Date Department Vendor Project Title/Scope Order Order # Approved Amount EASTERN PIPELINE 100428 Utilities -Water CONSTRUCTION JACK & BORE $75,000.00 09/26/2024 Dist. INC 100536* REPAIR WEST TOWER EMS COMPLETE GENERATOR (2007 KW $49,905.00 10/22/2024 Communications ELECTRIC INC KOHLER) - 100555* Recreation HAWKINS INC NCAC CHEMICALS $59,000.00 10/03/2024 TRAFFIC OPS - 100562 Traffic ARAMSCO INC VARIOUS PAVEMENT $75,000.00; 10/03/2024 Engineering MARKINGS PORT 100767 Fleet CONSOLIDATED OIL/LUBE $45,000.00 10/08/2024 INC 100777 Fleet COLE AUTO INVENTORY PARTS $75,000.00 10/08/2024 SUPPLY INC Sandridge PRO SHOP 100856 Operations/ ACUSHNET INVENTORY-BOCC $75,000.00 10/17/2024 Clubhouse COMPANY CHANGE ORDER 100891 Fleet AUTO PARTNERS OTHER CONTRACTUAL $75,000.00 10/23/2024 LLC SERVICES 100897 Fleet EFE INC OTHER CONTRACTUAL $50,000.00 10/23/2024 SERVICES 100898 Fleet EFE INC INVENTORY PARTS $70,000.00 10/23/2024 CONTINUING 101023 Utilities -General RING POWER GENERATOR RENTAL $75,000.00 10/28/2024 & Engineering CORPORATION USE AS NEEDED 101025 Fleet KELLY TRACTOR INVENTORY PARTS $60,000.00 10/29/2024 CO Swag items for 101027 Main Library IRONSIDE PRESS Centennial, $51,000.00 10/29/2024 LLC professional marketing 101030 Fleet MULLINAX FORD OTHER CONTRACTUAL $40,000.00 10/29/2024 OF VERO BEACH SERVICES SURVEYING NEW GPS 101047 Engineering DUNCAN PARNELL EQUIPMENT & $65,070:00 10/30/2024 INC TRAINING * Approved by Mike Zito on behalf of John Titkanich 7 Administrator Approved Purchase Order Change Orders July 1, 2024, thru November 1, 2024 Purchase Date Project Change Total PO Department Vendor Order # Approved Title/Scope Amount Amount 97479 7/9/2024 Fire Services QUADMED INC Medical Supplies $15,000.00 $50,000.00 Sand Ridge PORT 97877 9/17/2024 CONSOLIDATED Fuel Delivery $2,000.00 $60,000.00 Admin/Clubhouse INC 97895 9/30/2024 Fleet EFE INC Other Contractual $10,000.00 $70,000.00 Services MULLINAX Other Contractual 97932 9/30/2024 Fleet FORD OF VERO $10,000.00 $70,000.00 Services BEACH 97937 9/30/2024 Fleet EFE INC Parts $15,000.00 $75,000.00 PORT 97952 9/17/2024 Fleet CONSOLIDATED Oil/ Lube $12,000.00 $54,000.00 INC 98115 7/9/2024 Recreation HAWKINS INC NCAC Chemicals $25,000.00 $65,599.00 99184 9/17/2024 Fire Services TEN -8 FIRE &SAFETY Vehicle Parts $5,000.00 $42,500.00 LLC TORRES TRAFFIC OPS — 100488 10/15/2024 Traffic ELECTRICAL LIGHTING & $20,000.00 $40,000.00 Engineering SUPPLY TRAFFIC SIGNAL . COMPANY REPAIR RECOMMENDATION: There is no action required by the Board as this item is being presented for informational purposes only. Future reporting will be prepared and provided quarterly to coincide with Budget reports. 7(,-"'- Indian River County Venue Event Calendar—December 2024/January 2025 For more information go to: www.indianriver.gov HOLIDAY CLOSURES & HOURS • December 24-25: All County facilities closed in observance of Christmas. • January 1: Gifford Aquatic Center, Administrative Offices, Public Shooting Range, and IG Center closed; North County Aquatic Center, 10:00am-3:00pm. PRECISION HUNTER COMPETITION Thursday -Monday @ Indian River County Public Shooting Range • 9:00am-5:00pm. Cost $5 per target and the daily visit fee. • Ages 18 & older. ➢ Join us for our newest rifle competition all about precision and accuracy. You may purchase as many targets/entries as you like throughout the month. However, the target chosen by the shooter for submission must be submitted the same day it is purchased. If the shooter wishes to purchase other targets on different days during the month, they may have their previous submission removed and replaced with the new submission if they wish. However, only ONE target per shooter can be submitted for scoring before the end of the month. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-3096. CROSS STITCH TUESDAYS Tuesday, December 3 @ Brackett • 4:30pm. FREE! ➢ All ages welcome. ➢ We provide basic instructions and cross stitch projects for free and meet the first Tuesday of each month. ➢ For more information contact Hollie at 772-400-6366 or hmcdougall@indianriver.gov. MERRY MAKERS Tuesdays, December 3, 10, & 17 @ iG Center • 5:00pm-6:00pm; ages 6-11. Cost $10 per session. • 6:30pm-7:30pm; ages 12 & older. Cost $10 per session. ➢ Join our Merry Makers Workshop, a festive weekly craft class leading up to Christmas! Participants will create holiday themed crafts, perfect for celebrating the season. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. LITTLE EXPLORERES: TWEET TREATS Wednesday, December 4 @ Jones Pier Conservation Area. • 1:00pm-2:00pm. FREE! ➢ Open to preschool and early elementary schoolchildren. 9 ➢ Oh, come ye curious minds to celebrate native songbirds! Learn about the many species of birds and the foods they enjoy during this special Little Explorers event. Participants can expect a story time and seasonal craft. *This event will involve peanut products. ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. POSITIVE COACHING ALLIANCE WORKSHOP Wednesday, December 4 @ iG Center • Ages 18 & older. ➢ The Positive Coaching Alliance and Indian River County recreation team have partnered to bring the "Developing Competitors Through Positive Coaching Workshop" to members of the community! There is no cost to attend and light refreshments will be served. ➢ Attendees will become PCA -certified Positive Coaches who know how to establish a Positive Youth Sports Culture where athletes feel safe, seen, heard and valued. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. HOLIDAY PAINTING PARTY Tuesday, December 5 @ Brackett • 2:00pm. FREE! ➢ Ages 18 & older. ➢ We're getting into the holiday spirit at the library! Join us at our paint and take holiday ornament Painting Party for Adults. ➢ Registration is requested. For more information contact Hollie at 772-400-6366 or hmcdougall@indianriver.gov. FESTIVE FOREST: NATURE ORNAMENTS Friday, December 6 @ Hallstrom Farmstead Conservation Area • 10:00-11:30am. FREE! ➢ All ages welcome. ➢ Love crafts and nature? Join conservation staff for this unique and free craft event! Participants will create their own tree shaped ornament for the holiday season! ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. POG CHAMPS GAMING CLUB Friday, December 6 @ Brackett • 3:30pm. FREE! ➢ Ages 13-18 only. ➢ POG (Play of Game) Champs unite! The gaming club invites game lovers to participate in both board games and video games. ➢ For more information contact Ms. Gi at (772) 400-6308 or glee@indianriver.gov. KIDS' TRIATHLON Saturday, December 7 @ Victor Hart Sr. Community Enhancement Complex and Gifford Aquatic Center • 8:00am. Cost $35. ➢ Ages 6-13. ➢ Swim, Bike and Run! Join the Rotary of Vero Beach for the Annual Kids Triathlon. 10 ➢ For more information email info@rotaryofverobeach.com or call 772-226-0782. VERO BEACH GUN SHOW PLUS MILITARY EXPO Saturday & Sunday, December 7-8 @ Indian River Coun#y:Fairgrounds • Saturday, 9:OOam-5:OOpm. Cost $8. • Sunday, 10:OOam-4:OOpm. Cost $8. ➢ All ages welcome. ➢ An annual crowd pleaser with soldiers in uniform, military vehicles, period correct weapons and a live WWII battle reenactment with gunfire, explosions and more! ➢ For more information visit www.patriotshows.com. WINTER WONDERLAND PARTY Saturday, December 7 @ Main Library • 10:OOam. FREE! ➢ Families. ➢ Everyone is invited for games, crafts and more. ➢ For more information contact Patti Fuchs at pfuchs@indianriver.gov or call 772-400-6318. GRINCH PARTY Tuesday, December 10 @ North Library • 10:OOam AND 6:OOpm. FREE! ➢ Join us for a Meet & Greet with The Grinch on Tuesday, December 10. Families can enjoy stories, crafts and pictures with the Grinch. There will be two sessions, at 10:OOam and 6:OOpm. ➢ For more information call Ms. Susan at 772-400-6358 or smelasi@indianriver.gov. BROADWAY BABIES Wednesdays, through December 11 @ iG Center • 1:OOpm-2:OOpm. Cost $10. • Ages 3 months -4 years. ➢ Join Instructor Katherine Connors for this delightful interactive mommy and me style class! We will dance, sing and bop to the best of Broadway Showtunes. A variety of costumes, instruments, puppets, and improv games will be incorporated into classes. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. FLEET FARMING TWO-PART LECTURE Wednesday, December 11 & 18 @ North Library • 1:OOpm. FREE! ➢ Ages 18 & older. ➢ This two-part lecture series given by the local non-profit Fleet Farming. "Food Access for Seniors & Benefits" and "Nourish your Body: A Guide to Healthy Eating." ➢ For more information contact kanderson@indianriver.gov or 772-400-6360. FLORIDA EVERGREEN HIKE Thursday, December 12 @ North Sebastian Conservation Area • 9:30am-11:OOam. FREE! ➢ All ages welcome. 11 ➢ Though Florida's winters are mild, some trees still lose their leaves! Join staff to learn about the many species of evergreens that keep Florida a beautiful green year-round: ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. DIY NO -BAKE HOLIDAY COOKIES Friday, December 13 @ Main Library • 3:30pm. FREE! ➢ Teens. ➢ No oven, no problem! Treat yourself by making easy holiday themed sweets while socializing with your peers. ➢ For more information contact Ms. Gi at (772) 400-6308 orglee@indianriver.gov. GRANT DEVELOPMENT WORKSHOP: GRANTS ARE OUT THERE Monday, January 13 @ Intergenerational Center • 10:00-11:30am. Cost $90. ➢ Ages 18 & older. ➢ This workshop will provide an in-depth review of several funding sources that have a history of soliciting grant applications and funding winning proposals. This interactive workshop will guide attendees towards finding potential funding sources that match their mission and focus areas. At the end of the session, attendees will have a draft research report template with a list of potential grants for which they may be eligible. ➢ For more information contact Marcia at kioskdataic@gmail.com BREAKFAST WITH SANTA Saturday, December 14 @ iG Center • 9:00am-11:00am. Cost $5. ➢ All ages welcome. ➢ Join us for a magical morning at Breakfast with Santa. Enjoy a scrumptious breakfast, holiday treats, and visit with the big guy! Space is limited. Register early! ➢ For more information contact 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. AMERICAN RED CROSS LIFEGUARD RECERTIFICATION Saturday & Sunday, December 14-15 @ North County and Gifford Aquatic Centers • Saturday, 9:00am-5:00pm. Cost $150. • Sunday, 9:00am-12:00pm. ➢ Participants must possess a current American Red Cross Lifeguard Certification to participate. ➢ The Saturday class will be held at North County Aquatic Center and the Sunday class will be held at Gifford Aquatic Center. Participants must attend both days. ➢ For more information contact Katie at 772-226-1174 or register online at www.indianriver.gov/parksandrecreation. BILLY YANK & JOHNNY REB: SONGS OF THE AMERICAN CIVIL WAR Sunday, December 15 @ Main Library • 1:30pm-3:00pm. FREE! ➢ All ages welcome. 12 ➢ You are invited to an afternoon of songs and stories from the American Civil War (1861-1865). Musician, and historical reenactor, Gary Gustin performs both songs of the South and the North on banjo and guitar. ➢ Registration is not required. Contact Karrie at (772) 400-6310 or kcole@indianriver.gov for more information. FRIDGID FACTS: COLD ADAPTATIONS Monday, December 16 @ Ansin Riverfront Conservation Area Canoe Launch • 9:30am-10:30am. FREE! ➢ Ages 5 & older. ➢ While most animals cannot throw on a nice sweater, many have adaptations to deal with chilly weather. Join staff to learn how our wonderful wildlife handles cooler temperatures and reduced food sources. ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. HOT•COCOA & COZY CRAFTS Wednesday, December 18 @ North Library m • S:00pm. FREE! ➢ Ages 13-18. ➢ Stay cozy and warm during chilly times by joining our hot chocolate social. Crafts will be provided. ➢ For more information contact Ms. Gi at (772) 400-6308 or glee@indianriver.gov. JINGLE SHELLS: WINTER BEACH WALK Wednesday, December 18 @ Round Island Oceanside Park • 8:30am-9:30am. FREE! ➢ Ages 5 & older. ➢ Want to learn more about the shells and wildlife on beaches? Join educator Olivia for a free interpretive walk on a local beach! ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. NOVEMBER MINT WORKDAY: VOLUNTEER EVENT ° Friday, December 20 @ Hallstrom Farmstead Conservation Area • 9:00am-12:00am. FREE! ➢ Ages 5 & older. ➢ Join us to improve endangered Lakela's Mint habitat on the 3rd Friday of every month! Volunteers will be removing invasive species and trimming overgrown vegetation. All tools and gloves will be provided, but feel free to bring your own if you prefer. Water refills and light snacks will be provided. ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. WINTER WONDERLAND CHRISTMAS VIBE Friday, Saturday & Sunday, December 20-22 @ Indian River County Fairgrounds • Friday, 11:00am-5:00pm. FREE! • Saturday, 9:30am-5:00pm. FREE! 13 • Sunday, 10:00am-4:00pm. FREE! ➢ All ages welcome. ➢ Join us for a holiday art and craft expo. Lots of vendors for last minute shopping, live music and local food trucks. Free make and take ornament on Sunday! ➢ For more information email barbaraannsnow@yahoo.com or call 586-242-9931. RECREATION AND CONSERVATION HIKING CLUB-HALLSTROM FARMSTEAD (1.5 MILE) Saturday, December 21 @ Hallstrom Farmstead Conservation Area • 8:30am-10:30am. FREE! ➢ Ages 5 & older. ➢ Interested in exploring Indian River County conservation lands? Join our Recreation and Conservation staff for a free twice monthly hiking club! These interactive events have something for all levels of hiker. Cover miles of trails and gain knowledge as you go! Hikers reaching milestones are eligible to receive prizes! ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. BABYSITTER TRAINING COURSE Thursday & Friday, January 2 & 3 @ Gifford Aquatic Center • 8:30am-4:30pm. Cost $60. ➢ Ages 11 & older. ➢ This two-day American Red Cross Certification Course will teach participants the basics of child- care, first aid, and CPR. ➢ For more information call 772-226-1750 or register online at www.indianriver.gov/parksandrecreation. VERO BEACH HOME SHOW Saturday & Sunday, January 4-5 @ Indian River County Fairgrounds • Saturday, 9:00am-5:00pm. FREE! • Sunday, 10:00am-4:00pm. FREE! ➢ All ages welcome. ➢ The best home and remodel show in the Treasure Coast! Food, adult beverages, live music and FUN! ➢ For more information visit www.patriothomeshows.com RECREATION AND CONSERVATION HIKING CLUB -OYSTER BAR MARSH (1.75 MILE) Monday, January 6 @ Hallstrom Farmstead Conservation Area • 8:30am-10:00am. FREE! ➢ Ages S & older. ➢ Interested in exploring Indian River County conservation lands? Join our:Recreation and Conservation staff for a free twice monthly hiking club! These interactive events have something for all levels of hiker. Cover miles of trails and gain knowledge as you go! Hikers reaching milestones are eligible to receive prizes! ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. 14 YOUTH BASKETBALL LEAGUES January 6 -February 28 @ iG Center • Weekday Evenings and Saturday Morning/Afternoon. Cost $50. ➢ Ages 4-15. ➢ These Coed Youth Basketball Leagues are designed to teach fundamentals of basketball, teamwork, and good sportsmanship in a fun and encouraging environment. Teams will have volunteer coaches who will coordinate practices; residency location will be considered when forming teams. Tiny Tot teams are coached by Recreation staff and parents -of players. Games will be played at various locations throughout the county including the iG Center, IRC Fairgrounds, Sebastian River Middle School, and Sebastian River High School Gymnasiums. All players receive a jersey and d season ending medal. ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. TV SHOW THEME SONG BINGO Tuesday, January 7 @ Brackett Library • 6:00pm. FREE! ➢ Ages 18 & older. ➢ Test your knowledge of theme songs from popular shows like Law & Order and The Simpsons. Join us for this fun and musical take on Bingo! Registration is required. ➢ For more information, or to register, contact Hollie at 772-400-6366 or hmcdougall@indianriver.gov. LITTLE EXPLORERES: FIRE ECOLOGY Wednesday, January 8 @ Hallstrom Farmstead Conservation Area • 1:00pm-2:00pm. FREE! ➢ Open to preschool and early elementary school children. ➢ Spark an interest in fire ecology! Join staff as we talk about the importance of fire in Florida habitats. This event includes a craft, book reading, and chance to learn about tools used in prescribed fires. ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. TEA WITH TEENS Thursday, January 9 @ Main Library • 5:00pm. FREE! ➢ Ages 13-18. ➢ Celebrate National Hot Tea Month this January at the Main.libraws Tea witt.Teens special program. This is the perfect opportunity for teens to sip tea and connect with new friends in a warm and inviting environment. ➢ For more information contact Ms. Gi at (772) 400-6308 or glee@ indianriver.goV;: LITTLE ACORNS Friday, January 10 @ Brackett Library • 10:00am. FREE! ➢ Ages 18 months -5 years. 15 ➢ Children ages 18 months to 5 years and their caregivers are invited to explore nature surrounding the Brackett Library and practice child -led play in an environment that fosters developmental skills. The program takes place each Friday for 8 weeks. ➢ For more information, or to register, contact Shannon at 772-400-6375 orshawk@indianriver.gov. WINTER BEACH WALK Friday, January 10 @ Round Island Oceanside Park • 9:30am-10:30am. FREE! ➢ Ages 5 & older. ➢ Join staff for a guided beach walk as we explore dune formation, beach combing, and seasonal wildlife. This walk is perfect for beginners interested in learning more about local beach habitats. ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. FPEA HOMESTEADERS CONFERENCE Friday & Saturday, January 10-11 @ Indian River County Fairgrounds • Friday, 8:00am-5:30pm. FREE! • Saturday, 8:00am-5:30pm. FREE! ➢ Homesteading conference with workshops and demonstrations on topics relating to farming and homesteading. ➢ For more information visit fpea.com/events/8285/2025-live-free-homesteaders-conference PRESCHOOL TUMBLING Fridays, January 10 -February 14 @ Intergenerational Center • Time Slot 1: 2:30am-3:00pm. Cost $20 for the entire session. • Time Slot 2: 3:30am-4:00pm. Cost $20 for the entire session. ➢ Ages 4-5 years. ➢ Join Instructor Sarah E. for a fun filled time at Preschool Tumbling. Balance, flexibility, coordination, and FUN! ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. ARt SPARKS Saturday, January 11 @ Main Library • 11:00am. FREE! ➢ Ages 3-8. ➢ Are you ready to get messy? Ages 3-8 are invited to paint, draw, craft and more at this weekly program. ➢ For more information, contact Ms. Patti at (772) 400-6318 or pfuchs@indianriver.gov. NUMEROLOGY WORKSHOP: A NEW YEAR, A NEW YOU Saturday, January 11 @ Intergenerational Center • 11:30am-12:30pm. Cost $20. ➢ All ages welcome. ➢ In this workshop you will learn about the importance of timing. Numerology helps us understand the qualities of time so we can align and move forward with greater ease. You will learn about universal patterns for 2025 and gain clarity around the who, how, why of your goals and objectives. 16 ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. MUSIC OF THE WEST AFRICAN KORA Sunday, January 12 @ Main Library • 2:00pm. FREE! ➢ All ages. ➢ Performer Sean Gaskell plays the kora, an African stringed instrument that has 21 strings. Songs and educational information include the history of the instrument, how it is built, who plays the instrument and the events where it is played. ➢ For more information contact Karrie at kcole@indianriver.govorcall 772-400-6310. MANGROVE WALK Monday, January 13 @ Round Island Oceanside Park • 11:00am-12:00pm. FREE! ➢ Ages 5 & older. ➢ Join Conservation Lands Educator Olivia for this free guided walk! Participants will learn about the importance of mangroves and how to identify local species. ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. ADULT SOFTBALL LEAGUES January 13 -April 2 @ Dick Bird Park • Monday, Tuesday or Wednesday Evenings. Cost $550 per team. ➢ Adults 18 & older. ➢ These recreational Adult Softball Leagues offer players the opportunity to gettogether for some friendly competition. The season will include 16 games and an end of season tournament. Each team will play two games per night. Game times are 6:30, 7:30 or 8:30 p.m. Teams must have a minimum of 10 players. Coed league is held on Tuesdays. ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. TEEN ART CLUB Wednesday, January 15 @ North County Library • 4:00pm. FREE! ➢ Ages 13-18. ➢ Set your creative spirit free! Draw, paint, and craft to -your heart's content. ➢ For more information contact Ms. Gi at (772) 400-6308. JANUARY MINT WORKDAY: VOLUNTEER EVENT Friday, January 17 @ Hallstrom Farmstead Conservation Area • 9:00am-12:00pm. FREE! ➢ Ages 5 & older. ➢ Join us to improve endangered Lakela's Mint habitat on the 3rd Friday of every month! Volunteers will be removing invasive species and trimming overgrown vegetation. All tools and gloves will be provided, but feel free to bring your own if you prefer. Water refills and light snacks will be provided. 17 ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. RECREATION AND CONSERVATION HIKING CLUB -OSLO RIVERFRONT CONSERVATION AREA (2 MILES) Saturday, January 18 @ Oslo Riverfront Conservation Area • 8:30am-10:00am. FREE! ➢ Ages 5 & older. ➢ Interested in exploring Indian River County conservation lands? Join our Recreation and Conservation staff for a free twice monthly hiking club! These interactive events have something for all levels of hiker. Cover miles of trails and gain knowledge as you go! Hikers reaching milestones are eligible to receive prizes! ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. VERO BEACH GUN SHOW Saturday & Sunday, January 18-19 @ Indian River County Fairgrounds • Saturday, 9:00am-5:00pm. Cost $8 adult admission. Ages 14 & under are free. • Sunday, 10:00am-4:00pm. Cost $8 adult admission. Ages 14 & under are free. ➢ Buy, Sell & Trade at the Vero Beach Gun Show! Concealed Weapon License Classes at every show! ➢ For more information visit www.patriotshows.com ECOFIT Monday, January 20 @ Jones Pier Conservation Area • 9:00am-10:00am. FREE! ➢ Ages 10 & older. ➢ Do you have new year's fitness goals? Or simply enjoy working out in nature? Join staff for this full body exercise class at Jone's Pier Conservation area. Participants can expect to learn about local plants and animals we see along the way. ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. SLIME TIME Tuesday, January 21 @ Brackett Library • 5:00pm. FREE! ➢ Ages 13-18 years. ➢ Have a relaxing sensory experience making slime with simple materials provided by the library. ➢ For more information contact Ms. Gi at 772-400-6308 or glee@indianriver.gov. KIDS PICNIC AND NATURE WALK Wednesday, January 22 @ Hallstrom Farmstead Conservation Area • 11:30am-12:30am. FREE! ➢ All ages welcome. ➢ Bring your little naturalist out as we take a short, guided walk-through Florida Scrub habitat! Make sure to pack your lunch; after the walk we will sit down to observe the animals and plants that make up Florida Scrub. 18 ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.gov/parksandrecreation. DISC GOLF CHAMPIONSHIP Saturday, January 25 @ Kiwanis Hobart Park • 8:00am. Cost $40 per 4person team. ➢ Join us for the Annual Peter D. O'Bryan Open Disc Golf Championship; 8:00 am check-in/9:00 am shotgun start. Light refreshments at check-in, prizes, raffle and a FREEt-shirt. ➢ To register call 772-226-1780 or visit www.indianriver.gov/parksandrecreation FEATHERED FRIENDS & FURRY NEIGHBORS: BACKYARD BIRDS Saturday, January 25 @ Intergenerational Recreation Center • 10:00am-12:00pm. Cost $20 per family. ➢ All ages welcome. Youth must be accompanied by an adult. ➢ Join us for this family -friendly class where we'll learn all about Florida backyard birds! A short presentation about common Florida birds will be followed up with a crafting session to make gird feeders. Each family will leave with their own bird feeders to add to their backyard ➢ To register, go to bit.ly/46BwpmO MARINE FLEA MARKET, SEAFOOD FESTIVAL AND BOAT SALE Saturday & Sunday, January 25-26 @ Indian River County Fairgrounds • Saturday, 9:00am-5:00pm. Cost $10 adult admission. Ages 12 & under are free. • Sunday, 9:00am-5:00pm. Cost $10 adult admission. Ages 12 & under are free. ➢ Marine vendors, boating and fishing seminars, seafood vendors and more! New and used boats for sale. ➢ For more information visit flnauticalfleamarket.com/ NUMEROLOGY WORKSHOP: REWRITE YOUR STORY Saturday, January 25 @ Intergenerational Center • 11:30am-1:00pm. Cost $30. ➢ All ages welcome. ➢ Storytelling has many healing benefits. Jenny's Conscious Self Discover process is fun and empowering. Dive into your personal numerology and create a road map of your journey to begin to tell the story. ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. MOSAIC MARVELS: POLLINATORS Monday, January 27 @ Round Island Oceanside Park • 2:00pm-3:30pm. FREE! ➢ Ages 5 & older. ➢ Love crafts and nature? Join conservation staff for this unique and free craft event! Participants will create their own mosaic butterfly to take home as they learn about native. Pollinators. ➢ For more information contact Olivia at 772-226-1712 or register online at www.indianriver.eov/parksandrecreation. 19 CAREGIVER CONNECT Tuesday, January 28 @ Brackett Library • 6:00pm. FREE! ➢ Ages 18 & older. ➢ How can the library support you? Connect with other parents and caregivers of Children with unique needs. At the initial meetup we will discuss preferable times and, how often the group should meet. This is an open forum to talk, bring ideas, and share. All are welcome. ➢ No registration is required. For more information contact Hollie at (772) 400-6366 or hmcdougall@indianriver.gov. 100 MILE SWIMCLUB Daily @ North County and Gifford Aquatic Centers ➢ All ages are welcome. ➢ Get started by setting a personal goal, whether you want to swim 5 miles or 500. Sign up all year long by visiting our aquatics desk. Annual membership $10.00 for local tracking, (laps swam at North County or Gifford Aquatics pool) or 15.00 for Global tracking, (laps swam anywhere) valid January -December. ➢ All participants reaching the 100 miles will receive a yearly certificate indicating the total miles swam and be invited to the end of the year potluck and recognition ceremony. ➢ Swimmers who swim 100 miles at North County and Gifford Aquatic Centers, within the year, will receive an exclusive 100 Mile Swim Club T-shirt. ADULT OPEN GYM BASKETBALL Tuesday and Thursday @ iG Center • 8:30am-12:00pm. Cost $3.74 plus tax. ➢ Adults 18 & older. ➢ Time where the gymnasium is available to adults to practice skills, shoot hoops, and play pick- up games. ➢ Call 772-226-1780 for more information and to confirm open gym dates. AQUAFIT Tuesday and Thursday @ North County Aquatic Center • 9:30am-10:30am. Cost $5 (or 8 class pass $35/10 class pass for $45). ➢ All ages are welcome. ➢ Move along to music as you perform instructor -guided moves designed to improve cardiovascular function, increase core strength, develop better, and burn calories. Let's make the water work for you. Flotation belts and water barbells are available at no charge. ➢ For more information, contact the North County Aquatic Center 772-226-1752. ARCHERY 101 Last Sunday @ IRC Shooting Range • 9:00am-11:00am. Cost $60. ➢ Archery 101 is an introduction to archery. Upon completion of the course, you will have a basic understanding of Archery and an increased sense of confidence heading out to the Archery Range or wooded Archery Course. 20 ➢ Contact us at 772-226-3096 for more information or register online at www.indianriver.gov/parksandrecreation. BRIDGE CLASS Thursdays @ iG Center • 4:OOpm-6:OOpm. Cost $3. ➢ Ages 15 & older. ➢ This informal Bridge Class is designed for beginner to intermediate players. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. BOARD GAMES Thursday @ iG Center • 1:OOpm-4:OOpm. Cost $1. ➢ Ages 18 & older. ➢ Join us for a fun -filled afternoon playing some of our favorite board games! ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. CARDIO -BOXING Thursdays @ iG Center • 6:OOpm-7:OOpm. $5 per class drop-in. ➢ Ages 13 & older. ➢ Cardio -Boxing is a great way to tone up and improve coordination while burning calories! Emphasis is placed on cardiovascular movements and drills. This beginner friendly class provides an excellent work out for all fitness levels and modifications are available when needed. There is no sparing in this class, the boxing aspect includes: bag work, shadow boxing, foot work, and punching form. ➢ For more information contact 772-226-1780 or register online today at www.indianriver.gov/parksandrecreation. COLORING & COFFEE Tuesday @ iG Center • 9:OOam-10:OOam. Cost $1. ➢ Ages 18 & older. ➢ Looking for a way to unwind and reducL stress? Join us for a morning of relaxation through coloring. Materials provided. ➢ For more information call 772-226-1780. COUNTRY LINE DANCING Tuesday @ iG Center • 6:30pm-7:30pm. Cost $3. ➢ Ages 14 & older. ➢ Join us for a fun evening of Country Line Dancing! Instruction and lessons provided. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. GENTLE CHAIR YOGA Tuesday & Thursday @ iG Center • 12:OOpm-1:OOpm. Cost $5. ➢ All ages welcome! 21 ➢ Designed to improve flexibility and strengthen muscles while using a chair for support. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. HATHA YOGA Saturdays @ iG Center e • 9:OOam-10:OOam. Cost $6. ➢ Ages 13 & older. ➢ This all -level Hatha Yoga class involves standing and seated poses using a mat or chair, while performing breathing exercises and meditation. Hatha Yoga is a slower and more gentle meditative practice, great for beginners or experienced students, and will still challenge participants mentally and physically. Adaptive Hatha Yoga is a style that considers all bodies and abilities. It is accessible to everyone. ➢ For more information call 772-226-1780 register online at www.indianriver.gov/parksandrecreation. HEALTHIER YOU WEDNESDAYS Third Wednesday, @ iG Center • 11:OOam-12:OOpm. FREE! ➢ All ages welcome. ➢ Join Nutrition Educator Amanda Trott to learn the importance of healthy food choices and how to live a healthier, more nutritious lifestyle. ➢ For more information call 772-226-1780. HOMESCHOOL PE Tuesdays @ iG Center • 3:OOpm-4:OOpm. Cost $3. ➢ Ages 4-10 years. Limited spots please register. ➢ A great chance for children to exercise and make new friends. Teaching children valuable life skills such as teamwork, fairness, and good sportsmanship. There will be no class August 13-27. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. HOT BODY LADIES BOOTCAMP Mondays & Wednesdays, @ iG Center • 6:OOpm-7:OOpm. Cost $7. ➢ Ages 13 & older. ➢ Join us for a high intensity aerobics class that will get your heart pumping! This class for women combines HIIT (High Intensity Interval Training), calisthenics, and bodyweight exercises with cardio and strength training for a full body workout! Additional equipment such as weights, resistance bands, and exercise balls may be used. Please bring a mat, towel and water bottle to class. Cost $7 drop-in. Instructor: Sherry Ross. ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. ILLUMINATIONS YOGA Mondays & Saturdays, @ iG Center • Mondays, 6:OOpm-7:OOpm. Cost $10. • Saturdays, 10:15-11:15am. Cost $10. 22 ➢ Ages 13 & older. ➢ Discover ease in the body, mind and spirit with Illuminations Yoga. This gentle yoga practice evolved from Jenny's last book, Mind Over Mat where Jenny shares how you can find your unique path to health and wellbeing. Jenny is an Experienced Registered Yoga Teacher through Yoga Alliance. Everyone 16 & older is welcome, including beginners. A variety of modifications are provided so everyone can enjoy the practice. Instructor: Jenny.G. ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. IRC RIMFIRE CHALLENGE Last Saturday of every month @ IRC Shooting Range • 9:00am. Cost $15.00 plus tax. ➢ Open to all levels of shooting enthusiasts. It can be for fun, personal improvement or in preparation for a competition. No registration required. ➢ For more information call 772-226-3096. IRC STEEL CHALLENGE Last Friday of every month@ IRC Shooting Range • Begins at 9:00am. Cost $20.00 plus tax, includes standard pistol and rifle ranges. ➢ Allows shooters to test their abilities on steel targets and practice their magazine reloads in the process. No registration required. ➢ For more information call 772-226-3096. MAHJONG Tuesday and Thursday @ iG Center • 10:00am-1:00pm. Cost $2. ➢ Ages 18 & older. e ➢ Tile sets are provided as you play in groups of 3-4. Please bring your own Mahjong card. For information regarding Mah Jongg instruction call 772-226-1780. ➢ Go to www.indianriver.gov/parksandrecreation to register. MAT PILATES Tuesday and Thursday @ iG Center • 9:15am-10:15am. Cost $12. ➢ All ages welcome. ➢ Exercises are structured using special equipment designed to improve strength, flexibility, posture and enhance mental awareness. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. OPEN GYM PICKLEBALL Monday, Wednesday, and Friday @ iG Center • 8:30am-11:30am. Cost $4.67 plus tax per session. Monday -Friday @ iG Center • 12:00pm-3:00pm. Cost $4.67 plus tax per session. Saturday @ iG Center • 8:30-11:30pm. Cost $4.67 plus tax per session. 23 ➢ Pickleball is played in the gymnasium (6 courts) as either singles or doubles with a paddle and a plastic whiffle ball. Please bring your own equipment. Call 772-226-1780for more information. PICKLEBALL CLASSES — WITH DEREK PRINCE Monday (twice monthly, dates vary) @ iG Recreation Center • 12:30pm-2:OOpm. $30 per class. ➢ Beginner Pickleball Levels I — III / Pickleball Doubles Strategy / Intro to Pickleball. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. QI GONG Tuesday @ iG Center • 10:OOam-11:OOam. Cost $12. ➢ No special clothing or equipment required. Stand or sit. Walk-ins welcome. Leave refreshed, relaxed, and joyful. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. SENIOR WELLNESS: AEROBICS AND WEIGHTS Monday, Wednesday, and Friday @ iG Center -Sponsored by the Florida Blue Foundation • 8:45am-9:45am and 10:OOam-11:OOam. FREE! Tuesday @ Wabasso Community Center Sponsored by the Florida Blue Foundation • 7:OOam-8:OOam. FREE! ➢ Special programming for our 55+ community to have social interaction and light exercise activity. Activities can be adapted to ability levels and interests. Walk-ins welcome. ➢ For more information call 772-226-1780. SENIOR WELLNESS: ROCK AND ROLL CARDIO Thursday @ Wabasso Community Center -Sponsored by the Florida Blue Foundation • 7:OOam-8:OOam. FREE! Thursday @ iG Center Sponsored by the Florida Blue Foundation • 10:30am-11:30am. FREE! ➢ Like our regular Senior Wellness Program for 55 & older but with fun dancing music to spice it up a notch. Walk-ins welcome. ➢ For more information call 772-226-1780. SENIOR WELLNESS: UPBEAT BOXING Tuesday and Thursday @ iG Center -Sponsored by the Florida Blue Foundation • 3:OOpm-4:OOpm. FREE! ➢ Boxing fitness class geared for ages 55 + Walk-ins welcome. ➢ For more information call 772-226-1780. SINGING BOWLS Third Thursday @ iG Center • 7:OOpm. Cost $25. ➢ All ages welcome. Held twice a week to get you out, active -and UP -BEAT! 24 ➢ Relax, meditate, unwind, and reduce stress while feeling the healing sounds of Tibetan Singing Bowls. Sit or bring your mat, pillow, or blanket while experiencing the energy of soothing vibrations. ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. STRETCH & FLEX Monday, Tuesday, and Thursday @ iG Center • 9:15am-10:15am. Cost $5. ➢ Great cardiovascular workout set to music. Helps build endurance and strengthens the heart. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. SWIM LESSONS Private and group swimming lessons are available throughout the summer months. • Cost $80 per person for four 25 -minute lessons. • $40 per person per session for group lessons. ➢ Scholarships are available for those who qualify. ➢ For information, call the North County Aquatic Center at772-226-1752 or the Gifford Aquatic Center at 772-226-1175. THURSDAY NIGHT LIGHTS Thursday @ IRC Shooting Range • 5:OOpm-9:OOpm. ➢ We light up the fields for a fun skeet -trap night activity. No registration required. ➢ For more information call 772-226-3096. VETERANS YOGA PROJECT -MINDFUL RESILIENCE Wednesday @ iG Center • 2:OOpm-3:OOpm. FREE! ➢ Led by Certified Yoga Alliance Trainer Danielle Martinez. ➢ Class is open to active and retired military, first responders, their families, caregivers, and anyone looking to support veterans. ➢ Call 772-226-1780 for more information. VINYASA YOGA Wednesdays @ iG Center • 6:OOpm-7:OOpm. Cost $5. ➢ Ages 13 & older. ➢ Join Certified Instructor Mirit Wiener and flow to the music at Vinyasa Yoga. Vinyasa is a challenging practice fit for those yoga practitioners having a foundation and understanding of linking breath to movement as well as the seasoned practitioner with a more advanced practice. Vinyasa focuses on consistent movement linking breath to posture. Modifications and options for more restful poses are offered during class. This 1 -hour class consists of warm up exercises, movement, standing sequences, balance, cool down; and rest. Participants should bring a yoga mat, towel and water to class. ➢ For more information call 772-226-1780 or register online at www.indianriver.gov/parksandrecreation. 25 YOGA-LATES Tuesday and Thursday @ iG Center • 10:30am-11:30am. Cost $8. ➢ Mix between Yoga and Pilates. Walk-ins welcome. ➢ Go to www.indianriver.gov/parksandrecreation to register or call 772-226-1780. 26 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 25, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 19, 2024 to October 25, 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 19, 2024 to October 25, 2024. 41 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 12354 10/21/2024 WIRE INDIAN RIVER COUNTY TAX COLLECTOR 27,424.59 12355 10/21/2024 WIRE KIMLEY HORN & ASSOC INC 20,438.00 12356 10/21/2024 WIRE SCHOOL DISTRICT OF I R COUNTY 2,018.75 12357 10/21/2024 WIRE MUTUAL OF OMAHA 2,497.50 12358 10/21/2024 WIRE SCHOOL DISTRICT OF INDIAN RIVER COUNTY 107,488.00 12359 10/21/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 60.00 12360 10/21/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 919.18 12361 10/21/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 3,189.13 12362 10/21/2024 WIRE INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 91,611.99 12363 10/22/2024 WIRE WRIGHT EXPRESS FSC 28,212.00 12364 10/22/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 445.00 12365 10/22/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 2,666.84 12366 10/23/2024 WIRE INDIAN RIVER COUNTY TAX COLLECTOR 3,440.66 12367 10/23/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,999.91 12368 10/24/2024 WIRE UNITED WAY OF INDIAN RIVER COUNTY 8,924.69 12369 10/24/2024 WIRE HUMANE SOCIETY OF VERO BEACH & IRC 47,195.00 12370 10/24/2024 WIRE IRC CHAMBER OF COMMERCE 3,252.01 12371 10/24/2024 WIRE IRC CHAMBER OF COMMERCE 79,590.43 12372 10/24/2024 WIRE VETERANS COUNCIL OF I R C 39,065.11 12373 10/24/2024 WIRE SENIOR RESOURCE ASSOCIATION 48,720.00 12374 10/24/2024 WIRE SENIOR RESOURCE ASSOCIATION 581,277.34 12375 10/24/2024 WIRE B/C B/S OF FL ADM FEE 202,502.65 12376 10/24/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 391.95 12377 10/24/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,578.48 12378 10/25/2024 WIRE PAYMENTUS CORPORATION 3,952.58 12379 10/25/2024 WIRE GLOBAL PAYMENTS DIRECT INC 13,948.16 12380 10/25/2024 WIRE GLOBAL PAYMENTS DIRECT INC 14,368.59 12381 10/25/2024 WIRE CARDCONNECT LLC 712.11 12382 10/25/2024 WIRE NBCUNIVERSAL LLC 5,166.66 12383 10/25/2024 WIRE TO BANK 2,692.92 12384 10/25/2024 WIRE APTIM 63,855.78 12385 10/25/2024 WIRE KIMLEY HORN & ASSOC INC 37,872.00 12386 10/25/2024 WIRE SAVE ON SP LLC 21,789.33 12387 10/25/2024 WIRE DICKERSON INFRASTRUCTURE INC 188,070.91 12388 10/25/2024 WIRE HALLEY ENGINEERING CONTRACTORS INC 452,326.87 12389 10/25/2024 WIRE VEROTOWN LLC 48,845.72 12390 10/25/2024 WIRE IRC FIRE FIGHTERS ASSOC 11,832.80 12391 10/25/2024 WIRE INDIAN RIVER SHORES POLICE DEPT 8,124.12 12392 10/25/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,098.36 12393 10/25/2024 WIRE EDH HOLDINGS LLC 295.14 455686 10/24/2024 PRINTED AT&T MOBILITY 147.92 455687 10/24/2024 PRINTED AT&T MOBILITY 157.40 4SS688 10/24/2024 PRINTED AT&T MOBILITY 129.69 455689 10/24/2024 PRINTED AT&T MOBILITY 217.37 455690 10/24/2024 PRINTED AT&T MOBILITY 873.06 455691 10/24/2024 PRINTED AT&T MOBILITY 270.18 455692 10/24/2024 PRINTED INDIAN RIVER CTY CLERK OF THE COURT 125.00 455693 10/24/2024 PRINTED INDIAN RIVER COUNTY HEALTH DEPT 67,218.58 455694 10/24/2024 PRINTED ROGER NICOSIA 1,500.00 455695 10/24/2024 PRINTED CITY OF VERO BEACH 2,230.27 455696 10/24/2024 PRINTED CITY OF VERO BEACH 11,987.50 455697 10/24/2024 PRINTED AT&T 690.00 455698 10/24/2024 PRINTED AT&T 198.00 455699 10/24/2024 PRINTED FLORIDA POWER AND LIGHT 555.45 28 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455700 10/24/2024 PRINTED NABORS GIBLIN & NICKERSON PA 2,893.55 455701 10/24/2024 PRINTED ST LUCIE COUNTY BOCC 67,374.16 455702 10/24/2024 PRINTED ST LUCIE COUNTY BOCC 9,836.91 455703 10/24/2024 PRINTED IMSA 70.00 455704 10/24/2024 PRINTED FLORIDA DEPT OF JUVENILE JUSTICE 32,799.15 455705 10/24/2024 PRINTED DMS DIVISION OF TELECOMMUNICATIONS 20,989.19 455706 10/24/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 193.44 455707 10/24/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 8,626.40 455708 10/24/2024 PRINTED STRATEGIC GOVERNMENT RESOURCES INC 11,793.48 455709 10/24/2024 PRINTED GRAY MATTER SYSTEMS LLC 800.00 455710 10/24/2024 PRINTED XEROX CORPORATION 116.05 455711 10/24/2024 PRINTED STATE OF FLORIDA DEPARTMENT OF COMMERCE 350.00 455712 10/24/2024 PRINTED KAREN SNOW 51.74 455713 10/24/2024 PRINTED SCHUTT INSURANCE SERVICES, INC. 68.58 455714 10/24/2024 PRINTED ALETHIA'S BOUTIQUE 46.93 455715 10/24/2024 PRINTED ALVERIA WASHINGTON 64.69 455716 10/24/2024 PRINTED BOBBY J BUCHANAN 50.52 455717 10/24/2024 PRINTED BRANDON YOUNG 44.20 455718 10/24/2024 PRINTED CLARK H WOOTEN 46.36 455719 10/24/2024 PRINTED D R HORTON INC 124.71 455720 10/24/2024 PRINTED DEVEN A SHAW 25.49 455721 10/24/2024 PRINTED DI VOSTA HOMES L P 54.70 455722 10/24/2024 PRINTED DONALD CRAWFORD 28.90 455723 10/24/2024 PRINTED DOROTHYEHRHART 73.98 455724 10/24/2024 PRINTED GRBK GHO BENT PINE LLC 79.07 455725 10/24/2024 PRINTED GRBK GHO CENTRAL VERO LLC 92.18 455726 10/24/2024 PRINTED GRBK GHO NORTH BEACH LLC 83.10 455727 10/24/2024 PRINTED HELEN COOLER 3.89 455728 10/24/2024 PRINTED HEWITTJACKSON 95.77 455729 10/24/2024 PRINTED HOLBIN SHOW HORSES, LLC 51.49 455730 10/24/2024 PRINTED HOWARD J KRAMER 1R 19.56 455731 10/24/2024 PRINTED JAMES N BAKER 84.65 455732 10/24/2024 PRINTED JONATHAN E GOMEZ GUTIERREZ 90.71 455733 10/24/2024 PRINTED LAURA REED HOWELL 18.73 455734 10/24/2024 PRINTED MARTHA C LENAHAN 69.21 455735 10/24/2024 PRINTED MARVIN SIMER 62.25 455736 10/24/2024 PRINTED MARY ESKILDSEN 40.90 455737 10/24/2024 PRINTED MICHAELYOUNG 42.15 455738 10/24/2024 PRINTED NKW-CL, LLC 34.78 455739 10/24/2024 PRINTED PATSY O'CONNER 81.71 455740 10/24/2024 PRINTED RCL DEVELOPMENT, INC 69.72 455741 10/24/2024 PRINTED REHANNA PELLETIER 68.48 455742 10/24/2024 PRINTED RICHARD AVON 37.88 455743 10/24/2024 PRINTED RIG WILLIAMS LLC 21.55 455744 10/24/2024 PRINTED RITA CLAIRE THERRIEN 42.34 455745 10/24/2024 PRINTED RUTH WAGNER 30.36 455746 10/24/2024 PRINTED SHEILA HILL 90.85 455747 10/24/2024 PRINTED TED ODDER 85.59 455748 10/24/2024 PRINTED THOMAS COSS 70.08 455749 10/24/2024 PRINTED VANESSA DIANA SWAROVSKI 61.38 455750 10/24/2024 PRINTED UNIVERSITY OF SOUTH FLORIDA 795.00 455751 10/24/2024 PRINTED THOMAS SCHILLING 37.65 455752 10/24/2024 PRINTED KIMBERLY K MOIRANO 12.99 455753 10/24/2024 PRINTED CASEY HATTON 49.93 29 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455754 10/24/2024 PRINTED KYLER HARLEY-OPPEL 58.30 455755 10/24/2024 PRINTED CHRISTEN BREWER 13.88 455756 10/24/2024 PRINTED CLEMENTS PEST CONTROL 125.00 455757 10/24/2024 PRINTED PORT CONSOLIDATED 1,429.20 455758 10/24/2024 PRINTED SOUTHERN SEWER EQUIPMENT SALES 508.00 455759 10/24/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 382.60 455760 10/24/2024 PRINTED SAFETY PRODUCTS INC 2,610.33 455761 10/24/2024 PRINTED GRAINGER INC 1,632.27 455762 10/24/2024 PRINTED KELLY TRACTOR CO 69.22 455763 10/24/2024 PRINTED CLIFF BERRY INC 1,070.20 455764 10/24/2024 PRINTED MEEKS PLUMBING INC 2,478.10 455765 10/24/2024 PRINTED ELPEX 11,080.00 455766 10/24/2024 PRINTED MOTION INDUSTRIES INC 573.72 455767 10/24/2024 PRINTED ABCO GARAGE DOOR CO 498.00 455768 10/24/2024 PRINTED MIDWEST TAPE LLC 53.98 455769 10/24/2024 PRINTED ODYSSEY MANUFACTURING CO 22,697.60 455770 10/24/2024 PRINTED NEWSBANK INC 25,215.00 455771 10/24/2024 PRINTED GALE/CENGAGE LEARNING 2,561.55 455772 10/24/2024 PRINTED COMMUNITY ASPHALT CORP 4,500.00 455773 10/24/2024 PRINTED INDIAN RIVER CTY CLERK OF THE COURT 27.00 455774 10/24/2024 PRINTED CITY OF VERO BEACH 3,765.86 455775 10/24/2024 PRINTED HOME DEPOT CREDIT SERVICES 78.14 455776 10/24/2024 PRINTED FLORIDA DEPT OF TRANSPORTATION 6.34 455777 10/24/2024 PRINTED LIVINGSTON PAGE 100.00 455778 10/24/2024 PRINTED CLEVELAND GOLF/SRIXON 72.00 455779 10/24/2024 PRINTED FEDERAL EXPRESS 57.91 455780 10/24/2024 PRINTED CENTRAL AIR CONDITIONING & REFRIGERATION SUPPLY 94.47 455781 10/24/2024 PRINTED CALLAWAY GOLF 1,558.25 455782 10/24/2024 PRINTED FLORIDA POWER AND LIGHT 63,725.11 455783 10/24/2024 PRINTED LANGUAGE LINE SOLUTIONS 492.41 455784 10/24/2024 PRINTED COMPLETE ELECTRIC INC 185.00 455785 10/24/2024 PRINTED UNIVERSITY OF FLORIDA 1,680.00 455786 10/24/2024 PRINTED PITNEY BOWES INC 86.44 455787 10/24/2024 PRINTED MASTER METER INC 6,215.00 455788 10/24/2024 PRINTED CAROLINA SOFTWARE INC 500.00 455789 10/24/2024 PRINTED FIRESTONE COMPLETE AUTO CARE 355.98 455790 10/24/2024 PRINTED FLORIDA ASSOC OF CODE ENFORCEMENT 85.00 455791 10/24/2024 PRINTED ENVISIONWARE INC 24,061.84 455792 10/24/2024 PRINTED KIMBALL MIDWEST 618.28 455793 10/24/2024 PRINTED RECHTIEN INTERNATIONAL TRUCKS 4,946.73 455794 10/24/2024 PRINTED ST LUCIE COUNTY BOCC 3,096.30 455795 10/24/2024 PRINTED TRANE U S INC 363,026.00 455796 10/24/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 493.50 455797 10/24/2024 PRINTED CELICO PARTNERSHIP 2,264.30 455798 10/24/2024 PRINTED CINTAS CORPORATION 56.07 455799 10/24/2024 PRINTED JACKS COMPLETE TREE SERVICE INC 5,600.00 455800 10/24/2024 PRINTED GERELCOM INC 149,104.00 455801 10/24/2024 PRINTED AMERICAN WATER WORKS ASSOCIATION 11,119.00 455802 10/24/2024 PRINTED CONSOLIDATED ELECTRIAL DIST INC 574.08 455803 10/24/2024 PRINTED SUNBELT RENTALS INC 84.00 455804 10/24/2024 PRINTED JOHNNY B SMITH 145.00 455805 10/24/2024 PRINTED POWER-TEL UTILITY PRODUCTS INC 550.00 455806 10/24/2024 PRINTED PETER J CASSARA 6,400.00 455807 10/24/2024 PRINTED PROQUEST LLC 10,589.08 30 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455808 10/24/2024 PRINTED NICOLACE MARKETING INC 7,580.80 455809 10/24/2024 PRINTED BACKFLOW SOLUTIONS INC 495.00 455810 10/24/2024 PRINTED FLORIDA COAST EQUIPMENT INC 828.29 455811 10/24/2024 PRINTED OVERDRIVE INC 1,988.09 455812 10/24/2024 PRINTED BURNETT LIME CO INC 4,593.48 455813 10/24/2024 PRINTED REFLECTION POOL SERVICE INC 990.00 455814 10/24/2024 PRINTED STS MAINTAIN SERVICES INC 5,756.90 455815 10/24/2024 PRINTED DATABASES USA LLC 6,293.00 455816 10/24/2024 PRINTED CATHEDRAL CORPORATION 2,866.61 455817 10/24/2024 PRINTED WILSON SPORTING GOODS CO 3,973.10 455818 10/24/2024 PRINTED FEC ROW LLC 40,659.55 455819 10/24/2024 PRINTED MATHESON TRI -GAS INC 9,895.26 455820 10/24/2024 PRINTED GOVERNMENTJOBS.COM INC 14,431.96 455821 10/24/2024 PRINTED COLE AUTO SUPPLY INC 5,832.73 455822 10/24/2024 PRINTED KREMEDY LLC 3,500.00 455823 10/24/2024 PRINTED KONICA MINOLTA BUSINESS SOLUTIONS 86.07 455824 10/24/2024 PRINTED ADVANCED ROOFING INC 1,750.00 455825 10/24/2024 PRINTED FLORIDA BULB & BALLAST INC 173.90 455826 10/24/2024 PRINTED BROWNELLS INC 951.18 455827 10/24/2024 PRINTED GROUP ONE SAFETY & SECURITY 208.02 455828 10/24/2024 PRINTED AMAZON CAPITAL SERVICES INC 4,160.62 455829 10/24/2024 PRINTED PACE ANYALYTICAL LLC 189.00 455830 10/24/2024 PRINTED AMERIGAS PROPANE LP 206.96 455831 10/24/2024 PRINTED ADVANCED OVERHEAD SYSTEMS INC 2,315.00 455832 10/24/2024 PRINTED JORDAN MOWERS 615.29 455833 10/24/2024 PRINTED CK CONTRACTORS & DEVELOPMENT LLC 76,881.67 455834 10/24/2024 PRINTED PC SOLUTIONS & INTEGRATION INC 3,960.00 455835 10/24/2024 PRINTED DERECK R PRINCE 60.00 455836 10/24/2024 PRINTED MULLINAX FORD OF VERO BEACH 18,827.80 455837 10/24/2024 PRINTED JUDITH A BURLEY 181.50 455838 10/24/2024 PRINTED NETCENTRIC TECHNOLOGIES INC 1,850.00 455839 10/24/2024 PRINTED KRONOS SAASHR INC 393.75 455840 10/24/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 151.89 455841 10/24/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 4.84 455842 10/24/2024 PRINTED JENNIFER D JAMES 150.00 455843 10/24/2024 PRINTED BLUE GOOSE CONSTRUCTION LLC 3,573.88 455844 10/24/2024 PRINTED STAPLES INC 259.12 455845 10/24/2024 PRINTED LOWES COMPANIES INC 3,780.74 455846 10/24/2024 PRINTED DEX IMAGING LLC 1,499.40 455847 10/24/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 1,077.64 455848 10/24/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 2,173.93 455849 10/24/2024 PRINTED ROBERT A HUDSON 75.00 455850 10/24/2024 PRINTED THEODORE SEMI 270.00 455851 10/24/2024 PRINTED JLA GEOSCIENCES INC 1,825.00 455852 10/24/2024 PRINTED PLURALSIGHT LLC 3,476.18 455853 10/24/2024 PRINTED TRAILHEAD LABS INC 5,000.00 455854 10/24/2024 PRINTED LAWRENCE F WALLIN 120.00 455855 10/24/2024 PRINTED HIREQUEST LLC 7,470.40 455856 10/24/2024 PRINTED TAKING GROUND LAWN & LANDSCAPE INC 4,575.00 455857 10/24/2024 PRINTED PIVOTAL UTILITY HOLDINGS INC 21,827.33 455858 10/24/2024 PRINTED SHRIEVE CHEMICAL CO LLC 4,406.94 455859 10/24/2024 PRINTED BAKER & TAYLOR 3,289.09 455860 10/24/2024 PRINTED SEVEN ISLES CAPITAL 241.00 455861 10/24/2024 PRINTED BRIGHTVIEW LANDSCAPE SERVICES INC 2,697.00 31 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455862 10/24/2024 PRINTED METTLER-TOLEDO INTERNATIONAL INC 6,216.85 455863 10/24/2024 PRINTED FIRE EQUIPMENT SYSTEMS OF FLORIDA INC 611.00 455864 10/24/2024 PRINTED XEROX CORPORATION 2,211.15 455865 10/24/2024 PRINTED WINSUPPLY COMMERCIAL CHARGE 501.50 455866 10/24/2024 PRINTED AIRVAC INC 3,007.63 455867 10/24/2024 PRINTED EUROFINS ENVIRONMENT TESTING AMERICA HOLDINGS INC 1,675.00 455868 10/24/2024 PRINTED JOHN DIGIACOMO 75.00 455869 10/24/2024 PRINTED BATES AIR & HEAT LLC e 80.75 455870 10/24/2024 PRINTED LF STAFFING SERVICES INC 638.88 455871 10/24/2024 PRINTED TIGER, INC. 56,599.14 455872 10/24/2024 PRINTED CENTRAL FLORIDA EXPRESSWAY AUTHORITY 23.61 455873 10/24/2024 PRINTED CENTRAL FLORIDA EXPRESSWAY AUTHORITY 24.24 455874 10/24/2024 PRINTED MARY LTOMARO 75.00 455875 10/24/2024 PRINTED WILLIAMS SCOTSMAN INC 6,297.08 455876 10/24/2024 PRINTED VECELLIO GROUP INC 386.10 455877 10/24/2024 PRINTED MORSE COMMUNICATIONS INC 14,854.00 455878 10/24/2024 PRINTED TREASURE COAST NEWSPAPER 495.24 455879 10/24/2024 PRINTED INGRAM LIBRARY SERVICES LLC 1,486.37 455880 10/24/2024 PRINTED RAY POWERS 18.00 455881 10/24/2024 PRINTED M&M ASPHALT MAINTENANCE INC 165,709.22 455882 10/24/2024 PRINTED BRADY COMPANIES LLC 5,418.74 455883 10/24/2024 PRINTED REM INDUSTRIES LLC 2,704.06 455884 10/24/2024 PRINTED STAVOLA AGGREGATE SUPPLY LLC 11,252.98 455885 10/24/2024 PRINTED LYNCH FUEL COMPANY LLC 19,057.27 455886 10/24/2024 PRINTED TAFFORD LYLES 50.00 455887 10/24/2024 PRINTED CAMRON DAVIS 100.00 455888 10/24/2024 PRINTED JEANETTE GALLAGHER 7.00 455889 10/24/2024 PRINTED MIRIT WIENER 28.00 455890 10/24/2024 PRINTED SAMUEL MCDUFFIE 209.00 455891 10/24/2024 PRINTED DANIELLE MARTINEZ 15.00 455892 10/24/2024 PRINTED COMMUNICATIONS INTERNATIONAL INC 165,003.70 455893 10/24/2024 PRINTED CARTER ASSOCIATES INC 14,076.05 455894 10/24/2024 PRINTED INTERNATIONAL GOLF MAINTENANCE INC 119,875.00 455895 10/24/2024 PRINTED GEOSYNTEC CONSULTANTS INC 227,332.11 455896 10/24/2024 PRINTED ARCADIS U S INC 970.00 455897 10/24/2024 PRINTED COASTAL TECHNOLOGY CORPORATION 12,384.26 455898 10/24/2024 PRINTED MASTELLER & MOLER INC 674.00 455899 10/24/2024 PRINTED COMANCO ENVIRONMENTAL CORPORATION 847,078.19 455900 10/24/2024 PRINTED FLORIDA DESIGN DRILLING CORP 253,412.50 455901 10/24/2024 PRINTED KESSLER CONSULTING INC 8,055.00 455902 10/24/2024 PRINTED SOUTHEAST SERVICES OF THE 18,964.76 455903 10/24/2024 PRINTED BOWMAN CONSULTING GROUP LTD 3,726.68 455904 10/24/2024 PRINTED ENVIRONMENTAL SCIENCE ASSOCIATES 29,526.30 455905 10/24/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 235,848.16 455906 10/24/2024 PRINTED CONSOR ENGINEERS LLC 175,766.85 455907 10/24/2024 PRINTED LAWRENCE LEE CONSTRUCTION SERVICES INC 69,350.00 455908 10/24/2024 PRINTED STEEPSTEELLLC 1,744.50 455909 10/24/2024 PRINTED SPIEZLE ARCHITECTURAL GROUP INC 46,112.52 455910 10/24/2024 PRINTED SPIEZLE ARCHITECTURAL GROUP INC 2,102.00 455911 10/24/2024 PRINTED SOUTHEAST SERIES OF LOCKTON COMPANIES LLC 22,250.00 455912 10/24/2024 PRINTED PROS CONSULTING INC 27,038.37 455913 10/24/2024 PRINTED WATER AND AIR RESEARCH INC 9,482.37 455914 10/24/2024 PRINTED QCR HOLDINGS INC & SUBSIDIARIES 3,009.16 455915 10/24/2024 PRINTED JIM'S COMPLETE CONSTRUCTION LLC 78,285.25 32 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455916 10/24/2024 PRINTED NORTHSTAR CONTRACTING GROUP INC 12,772.25 455917 10/25/2024 PRINTED UNITED WAY OF INDIAN RIVER COUNTY 1,287.00 455918 10/25/2024 PRINTED CALIFORNIA STATE DISBURSEMENT UNIT 305.19 455919 10/25/2024 PRINTED FLORIDA BLUE 7,397.00 455920 10/25/2024 PRINTED COMMONWEALTH OF MASSACHUSETTS 562.00 455921 10/25/2024 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 73.85 455922 10/25/2024 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 129.23 903718 10/25/2024 PRINTED PAMELA R CUMMINGS 1,681.00 903719 10/25/2024 PRINTED XEROX CORPORATION 247.60 1022027 10/24/2024 ACI PARKS RENTAL & SALES INC 4,665.00 1022028 10/24/2024 ACI INDIAN RIVER OXYGEN INC 110.00 1022029 10/24/2024 ACI RING POWER CORPORATION 6,365.95 1022030 10/24/2024 ACI DEMCO INC 125.55 1022031 10/24/2024 ACI MIKES GARAGE & WRECKER SERVICE INC 6,100.00 1022032 10/24/2024 ACI GALLS LLC 256.07 1022033 10/24/2024 ACI CENTER POINT LARGE PRINT 7,593.84 1022034 10/24/2024 ACI IRRIGATION CONSULTANTS UNLIMITED INC 474.85 1022035 10/24/2024 ACI GROVE WELDERS INC 392.51 1022036 10/24/2024 ACI DYER CHEVROLET 9,757.39 1022037 10/24/2024 ACI UNIFIRST CORPORATION 2,926.26 1022038 10/24/2024 ACI RELIABLE SEPTIC & SERVICES 325.00 1022039 10/24/2024 ACI GUARDIAN HAWK SECURITY 395.00 1022040 10/24/2024 ACI NEXAIR LLC 151.01 1022041 10/24/2024 ACI EVERGLADES EQUIPMENT GROUP 4,439.40 1022042 10/24/2024 ACI CARLON INC 844.80 1022043 10/25/2024 ACI CENTER POINT LARGE PRINT 12,313.02 1022044 10/25/2024 ACI GUARDIAN HAWK SECURITY 246.16 1022045 10/25/2024 ACI OFFICE DEPOT 609.92 1022046 10/25/2024 ACI COMCAST 709.26 415135 10/25/2024 DIRECT DEPOSIT DANIELS, DOUGLAS 2,094.35 415136 10/25/2024 DIRECT DEPOSIT FORREST, FARCIOT 1,672.59 415137 10/25/2024 DIRECT DEPOSIT GLITZ, WILLIAM 1,112.91 415138 10/25/2024 DIRECT DEPOSIT ROHRER, RYLEE 109.10 415139 10/25/2024 DIRECT DEPOSIT SCHREIBER, KEVIN 1,908.05 415140 10/25/2024 DIRECT DEPOSIT ADAMS, SUSAN 2,339.91 415141 10/25/2024 DIRECT DEPOSIT BROWN, ASHLEY 1,535.08 415142 10/25/2024 DIRECT DEPOSIT EARMAN, JOSEPH 2,823.92 415143 10/25/2024 DIRECT DEPOSIT FLESCHER, JOSEPH 2,595.06 415144 10/25/2024 DIRECT DEPOSIT LIST, KATHY 535.59 415145 10/25/2024 DIRECT DEPOSIT LOAR, DERYL 2,500.35 415146 10/25/2024 DIRECT DEPOSIT MOIRANO, KIMBERLY 2,362.86 415147 10/25/2024 DIRECT DEPOSIT PLESNARSKI, LISA 1,570.25 415148 10/25/2024 DIRECT DEPOSIT STOKES, MAURA 1,641.10 415149 10/25/2024 DIRECT DEPOSIT GLANVILLE, TERESA 1,600.65 415149 10/25/2024 DIRECT DEPOSIT GLANVILLE, TERESA 241.00 415150 10/25/2024 DIRECT DEPOSIT HICKS, CHRISTOPHER 4,052.71 415151 10/25/2024 DIRECT DEPOSIT MOORE, CHRISTINA 2,442.69 415152 10/25/2024 DIRECT DEPOSIT NOVAK, NATALIE 1,047.06 415152 10/25/2024 DIRECT DEPOSIT NOVAK, NATALIE 500.00 415153 10/25/2024 DIRECT DEPOSIT PRADO, SUSAN 3,590.81 415153 10/25/2024 DIRECT DEPOSIT PRADO, SUSAN 250.00 415154 10/25/2024 DIRECT DEPOSIT SHULER, JENNIFER 1,187.35 415155 10/25/2024 DIRECT DEPOSIT WESTERIK, NADIA 1,993.13 415155 10/25/2024 DIRECT DEPOSIT WESTERIK, NADIA 500.00 33 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415156 10/25/2024 DIRECT DEPOSIT LESTER, CHESNEY 3,436.08 415157 10/25/2024 DIRECT DEPOSIT MCKINLEY, KELLY 2,041.48 415158 10/25/2024 DIRECT DEPOSIT RAMIREZ, REBECCA 1,562.22 415159 10/25/2024 DIRECT DEPOSIT ROSE, CARSON 1,586.30 415160 10/25/2024 DIRECT DEPOSIT STAUDT, MICHAEL 2,640.12 415161 10/25/2024 DIRECT DEPOSIT TRAMEL, PATRICK 2,205.11 415162 10/25/2024 DIRECT DEPOSIT VIETZE, MARK 2,110.36 415163 10/25/2024 DIRECT DEPOSIT AMATO, JAMES 1,530.12 415164 10/25/2024 DIRECT DEPOSIT BOONE, BLAKE 238.74 415165 10/25/2024 DIRECT DEPOSIT BOSTICK, LINDA 732.41 415166 10/25/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 154.36 415166 10/25/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 231.54 415167 10/25/2024 DIRECT DEPOSIT DAVIDIAN, SAGE 294.71 415168 10/25/2024 DIRECT DEPOSIT DOTSEY, JESSICA 1,102.25 415169 10/25/2024 DIRECT DEPOSIT GERNER, JOSHUA 348.30 415170 10/25/2024 DIRECT DEPOSIT GRAY, STEVEN 739.80 415171 10/25/2024 DIRECT DEPOSIT HAUPT, ROSA 813.87 415172 10/25/2024 DIRECT DEPOSIT HEINZE, DONALD 1,152.38 415173 10/25/2024 DIRECT DEPOSIT HENDRICKSEN, TYLER 257.39 415174 10/25/2024 DIRECT DEPOSIT MANGUS, ISABELLA 1,205.43 415175 10/25/2024 DIRECT DEPOSIT MINTEL, MATTHEW 343.20 415176 10/25/2024 DIRECT DEPOSIT O'NEILL, BRANDON 730.44 415176 10/25/2024 DIRECT DEPOSIT O'NEILL, BRANDON 730.43 415177 10/25/2024 DIRECT DEPOSIT ROHRER, MAREENA 94.57 415177 10/25/2024 DIRECT DEPOSIT ROHRER, MAREENA 283.72 415178 10/25/2024 DIRECT DEPOSIT RUVANE, TAYVIA 2,366.67 415179 10/25/2024 DIRECT DEPOSIT SHARKEY, ROBERT 596.60 415180 10/25/2024 DIRECT DEPOSIT SHELDON, GAGE 545.41 415181 10/25/2024 DIRECT DEPOSIT SPARROW-VOORHEES, TABATHA 1,243.30 415182 10/25/2024 DIRECT DEPOSIT STORTS, HOLDEN 55.88 415183 10/25/2024 DIRECT DEPOSIT WAGNER, FREDERICK 934.97 415184 10/25/2024 DIRECT DEPOSIT BAKER, MURRAY 1,103.32 415185 10/25/2024 DIRECT DEPOSIT GIBSON, CHASTITY 50.00 415185 10/25/2024 DIRECT DEPOSIT GIBSON, CHASTITY 10.00 415185 10/25/2024 DIRECT DEPOSIT GIBSON, CHASTITY 674.06 415186 10/25/2024 DIRECT DEPOSIT LAURO, HELEN 896.12 415187 10/25/2024 DIRECT DEPOSIT LEFEBURE, ANNABELLE 714.28 415188 10/25/2024 DIRECT DEPOSIT LEFEBURE, LEVI 702.22 415189 10/25/2024 DIRECT DEPOSIT LOCY, EMILY 1,437.37 415189 10/25/2024 DIRECT DEPOSIT LOCY, EMILY 50.00 415190 10/25/2024 DIRECT DEPOSIT MARLEAU, KATIE 2,294.28 415191 10/25/2024 DIRECT DEPOSIT RAULERSON, SPRING 863.95 415192 10/25/2024 DIRECT DEPOSIT SERVAITES, GREGG 2,052.05 415193 10/25/2024 DIRECT DEPOSIT SNEE, JACKSON 679.01 415194 10/25/2024 DIRECT DEPOSIT TRENT, CECIL 718.48 415195 10/25/2024 DIRECT DEPOSIT CAROW, ELAINE 2,337.79 415196 10/25/2024 DIRECT DEPOSIT COWAN, DONALD 1,282.88 415197 10/25/2024 DIRECT DEPOSIT DOUGLAS, EUGENE 670.08 415198 10/25/2024 DIRECT DEPOSIT EISWERTH, SARAH 1,140.68 415199 10/25/2024 DIRECT DEPOSIT FADAYOMI, BENJAMIN 416.51 415200 10/25/2024 DIRECT DEPOSIT HEBELER, SANDRA 1,212.57 415201 10/25/2024 DIRECT DEPOSIT JONES, ALFRED 453.19 415202 10/25/2024 DIRECT DEPOSIT JURAD, DREW 1,752.07 415203 10/25/2024 DIRECT DEPOSIT KREBS, JILL 2,123.59 34 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415204 10/25/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 500.00 415204 10/25/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 2,128.66 415205 10/25/2024 DIRECT DEPOSIT REDFERN, RICHARD 368.13 415205 10/25/2024 DIRECT DEPOSIT REDFERN, RICHARD 92.03 415206 10/25/2024 DIRECT DEPOSIT SCHLEICH, MARK 201.50 415207 10/25/2024 DIRECT DEPOSIT TILTON, JOSEPH 250.00 415207 10/25/2024 DIRECT DEPOSIT TILTON, JOSEPH 2,353.73 415208 10/25/2024 DIRECT DEPOSIT BINEGAR, AMBER 562.91 415209 10/25/2024 DIRECT DEPOSIT BOLEN, LAYNE 636.96 415210 10/25/2024 DIRECT DEPOSIT BOWKER, JACQUELINE 1,330.66 415211 10/25/2024 DIRECT DEPOSIT BROWN, ARIEL 1,117.70 415212 10/25/2024 DIRECT DEPOSIT BUSKIRK, KITTIE 1,734.30 415213 10/25/2024 DIRECT DEPOSIT COLE, KAREN 1,567.43 415214 10/25/2024 DIRECT DEPOSIT FARBER, ASHLEY 925.06 415215 10/25/2024 DIRECT DEPOSIT FOXX, PAOLA 563.98 415216 10/25/2024 DIRECT DEPOSIT GOODEN, TRAVIS 1,132.78 415217 10/25/2024 DIRECT DEPOSIT HADSELL, DARLENE 2,028.63 415218 10/25/2024 DIRECT DEPOSIT HECKMAN, CHELSEA 1,205.93 415219 10/25/2024 DIRECT DEPOSIT HELTON, HEATHER 5.00 415219 10/25/2024 DIRECT DEPOSIT HELTON, HEATHER 1,469.92 415219 10/25/2024 DIRECT DEPOSIT HELTON, HEATHER 10.00 415220 10/25/2024 DIRECT DEPOSIT HUFF, TANYA 183.00 415220 10/25/2024 DIRECT DEPOSIT HUFF, TANYA 2,177.35 415221 10/25/2024 DIRECT DEPOSIT JUARBE, THALIA 1,119.73 415222 10/25/2024 DIRECT DEPOSIT LEE, GI 80.52 415222 10/25/2024 DIRECT DEPOSIT LEE, GI 1,288.30 415222 10/25/2024 DIRECT DEPOSIT LEE, GI 241.56 415223 10/25/2024 DIRECT DEPOSIT LESCIO, JOLENE 1,594.98 415224 10/25/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 25.00 415224 10/25/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 1,753.86 415225 10/25/2024 DIRECT DEPOSIT MCDOUGALL, STEVEN 1,550.37 415226 10/25/2024 DIRECT DEPOSIT MCKENNA, TERESA 675.49 415227 10/25/2024 DIRECT DEPOSIT MORGAN, JESSICA 858.96 415228 10/25/2024 DIRECT DEPOSIT NEAL, MARY JANE 1,179.59 415229 10/25/2024 DIRECT DEPOSIT PAGANO, SADIE 557.73 415230 10/25/2024 DIRECT DEPOSIT PAWLAK, FRANCES 1,221.94 415231 10/25/2024 DIRECT DEPOSIT PEREZ, JOSHUA 2,520.25 415232 10/25/2024 DIRECT DEPOSIT SANTOYO,ETHELYN 583.11 415233 10/25/2024 DIRECT DEPOSIT SCHOEN, ERIC 1,361.56 415234 10/25/2024 DIRECT DEPOSIT SMITH NIKITIN, KRISTIE 1,693.76 415235 10/25/2024 DIRECT DEPOSIT STENGER, ELIZABETH 2,822.86 415236 10/25/2024 DIRECT DEPOSIT TRUSS, LAWRENCE 651.54 415237 10/25/2024 DIRECT DEPOSIT WAGNER, MICHELLE 1,705.09 415238 10/25/2024 DIRECT DEPOSIT WYATT, ELIZABETH 609.26 415239 10/25/2024 DIRECT DEPOSIT ALBINI, SCOTT 609.09 415240 10/25/2024 DIRECT DEPOSIT ANDERSON, KATHERINE 1,534.55 415241 10/25/2024 DIRECT DEPOSIT BACHMANN, SANDRA 1,698.29 415242 10/25/2024 DIRECT DEPOSIT BOIKE, REBECCA 1,271.77 415243 10/25/2024 DIRECT DEPOSIT BOWMAN, KATHLEEN 2,497.17 415244 10/25/2024 DIRECT DEPOSIT ELSEBOUGH, KELLY 687.60 415245 10/25/2024 DIRECT DEPOSIT GALENTINE, TRACY 1,100.25 415246 10/25/2024 DIRECT DEPOSIT IACHINI, TAYLOR 1,355.55 415247 10/25/2024 DIRECT DEPOSIT KEATLEY, WHITNEY 660.53 415248 10/25/2024 DIRECT DEPOSIT MELASI, SUSAN 1,621.41 35 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415249 10/25/2024 DIRECT DEPOSIT PANKIEWICZ-FUCHS, PATRICIA 2,383.01 415250 10/25/2024 DIRECT DEPOSIT RATHMAN, BETHANY 815.38 415251 10/25/2024 DIRECT DEPOSIT ROSADO-RODRIGUEZ, JEFFREY 1,203.54 415252 10/25/2024 DIRECT DEPOSIT BROWNING, KATHLEEN 535.13 415253 10/25/2024 DIRECT DEPOSIT COOLER HAWK, SHANNON 1,524.32 415254 10/25/2024 DIRECT DEPOSIT FRANCIS, RICHARD 1,524.61 415255 10/25/2024 DIRECT DEPOSIT HERNANDEZ, MELISSA 630.56 415256 10/25/2024 DIRECT DEPOSIT LOWE, CYNTHIA 1,152.86 415257 10/25/2024 DIRECT DEPOSIT MCDOUGALL, HOLLIE 1,850.57 415258 10/25/2024 DIRECT DEPOSIT NEAL, BRIANNA 579.83 415259 10/25/2024 DIRECT DEPOSIT PEARSAUL, VICTORIA 863.23 415260 10/25/2024 DIRECT DEPOSIT SOBEL, KATHERINE 546.34 415261 10/25/2024 DIRECT DEPOSIT ADAMS, KEVIN 2,131.81 415262 10/25/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 826.51 415262 10/25/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 354.22 415263 10/25/2024 DIRECT DEPOSIT CASTRO, JUAN 1,203.11 415264 10/25/2024 DIRECT DEPOSIT GIANSANTI, JOHN 939.69 415265 10/25/2024 DIRECT DEPOSIT HALL, CARLY 940.66 415266 10/25/2024 DIRECT DEPOSIT SORENSON, MICHELLE 1,322.78 415267 10/25/2024 DIRECT DEPOSIT VERGARA, GUSTAVO 3,561.57 415268 10/25/2024 DIRECT DEPOSIT BILLINGS, JOHNATHAN 4,012.85 415269 10/25/2024 DIRECT DEPOSIT BONELL, CALEB 148.49 415270 10/25/2024 DIRECT DEPOSIT BROWNLEE, MATTHEW 537.43 415271 10/25/2024 DIRECT DEPOSIT COPPOLA, JOHN 284.95 415272 10/25/2024 DIRECT DEPOSIT DIAS-NOVA, DANIEL 2,440.23 415273 10/25/2024 DIRECT DEPOSIT DOTSEY, JOHN 1,760.64 415274 10/25/2024 DIRECT DEPOSIT FILIZZOLA NOVA, BRENO 1,199.94 415275 10/25/2024 DIRECT DEPOSIT FRANCOEUR, ANDREW 213.59 415276 10/25/2024 DIRECT DEPOSIT GILLIGAN, MATTHEW 2,729.58 415277 10/25/2024 DIRECT DEPOSIT HENDERSON, CHRISTOPHER 2,603.64 415278 10/25/2024 DIRECT DEPOSIT HERNANDEZ, ANTHONY 194.13 415279 10/25/2024 DIRECT DEPOSIT JENKINS, CARLOS 261.45 415280 10/25/2024 DIRECT DEPOSIT JONES, CHRISTOPHER 1,071.74 415281 10/25/2024 DIRECT DEPOSIT KEATON, KAMERON 1,955.99 415282 10/25/2024 DIRECT DEPOSIT LEVY, AARON 2,426.49 415282 10/25/2024 DIRECT DEPOSIT LEVY, AARON 75.00 415283 10/25/2024 DIRECT DEPOSIT LOCY, ROBBIE 233.74 415284 10/25/2024 DIRECT DEPOSIT MCDEARMID, RONALD 726.99 415285 10/25/2024 DIRECT DEPOSIT OTTO, DANIEL 1,882.18 415286 10/25/2024 DIRECT DEPOSIT PURPURA, CHRISTOPHER 1,766.53 415287 10/25/2024 DIRECT DEPOSIT RING, ERIC 2,402.11 415288 10/25/2024 DIRECT DEPOSIT WADE, FARAI 238.55 415288 10/25/2024 DIRECT DEPOSIT WADE, FARAI 102.24 415289 10/25/2024 DIRECT DEPOSIT WATKINS, CHRISTOPHER 1,980.18 415290 10/25/2024 DIRECT DEPOSIT CAGGIANO, LINDA 1,204.19 415291 10/25/2024 DIRECT DEPOSIT MATTHEWS, JESSICA 1,951.34 415292 10/25/2024 DIRECT DEPOSIT ABERNATHY, STEVE 3,792.22 415293 10/25/2024 DIRECT DEPOSIT ACCARDI, TRISTAN 457.90 415293 10/25/2024 DIRECT DEPOSIT ACCARDI, TRISTAN 1,831.59 415294 10/25/2024 DIRECT DEPOSIT ADKINS, TANISHA 2,153.65 415295 10/25/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 1,711.76 415295 10/25/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 3,178.99 415296 10/25/2024 DIRECT DEPOSIT ALICEA, MICHAEL 1,954.50 415297 10/25/2024 DIRECT DEPOSIT AMORTEGUI, JAIME 2,282.23 36 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415298 10/25/2024 DIRECT DEPOSIT ANGELONE, ANDREW 2,763.95 415299 10/25/2024 DIRECT DEPOSIT AREYZAGA, CHY-ANN 1,683.09 415300 10/25/2024 DIRECT DEPOSIT ARNOLD, WESLEY 4,186.85 415301 10/25/2024 DIRECT DEPOSIT AYERDIS, ALEXANDER 3,685.42 415302 10/25/2024 DIRECT DEPOSIT BAILEY, JOSHUA 1,762.38 415303 10/25/2024 DIRECT DEPOSIT BAIRD, ALLISON 2,958.32 415304 10/25/2024 DIRECT DEPOSIT BARCUS, CHRISTOPHER 3,421.65 415305 10/25/2024 DIRECT DEPOSIT BARKEY, WILLIAM 3,657.97 415306 10/25/2024 DIRECT DEPOSIT BELL, DAVID 2,643.47 415307 10/25/2024 DIRECT DEPOSIT BENDER, JOSHUA 1,973.10 415307 10/25/2024 DIRECT DEPOSIT BENDER, JOSHUA 750.00 415308 10/25/2024 DIRECT DEPOSIT BERNI, CORBIN 2,929.03 415309 10/25/2024 DIRECT DEPOSIT BERNSTEIN, MICHAEL 4,185.54 415310 10/25/2024 DIRECT DEPOSIT BEUTTELL, CLIFTON 3,273.42 415311 10/25/2024 DIRECT DEPOSIT BINAFIF, MAZEN 3,444.56 415312 10/25/2024 DIRECT DEPOSIT BINKLEY, JOHN 2,585.07 415313 10/25/2024 DIRECT DEPOSIT BLOCH, MATTHEW 3,547.01 415314 10/25/2024 DIRECT DEPOSIT BONHOMME, DAVE BRIAN 2,222.00 415315 10/25/2024 DIRECT DEPOSIT BOROCZKY, TAMAS 2,321.03 415316 10/25/2024 DIRECT DEPOSIT BOWDEN, CHASE 2,229.39 415317 10/25/2024 DIRECT DEPOSIT BRAMLETT, RILEY 1,886.89 415318 10/25/2024 DIRECT DEPOSIT BRENNAN, THOMAS 1,849.58 415319 10/25/2024 DIRECT DEPOSIT BREWER, CHRISTEN 200.00 415319 10/25/2024 DIRECT DEPOSIT BREWER, CHRISTEN 5,221.79 415320 10/25/2024 DIRECT DEPOSIT BROUWER, JHONATAN 2,803.79 415321 10/25/2024 DIRECT DEPOSIT BRUNO, HARRISON 2,874.01 415322 10/25/2024 DIRECT DEPOSIT BUDERUS, CHRISTOPHER 1,930.64 415323 10/25/2024 DIRECT DEPOSIT BURKE, CHRISTOPHER 3,788.04 415324 10/25/2024 DIRECT DEPOSIT BURKE, DONALD 2,155.68 415325 10/25/2024 DIRECT DEPOSIT BURNS, BOB 3,486.04 415326 10/25/2024 DIRECT DEPOSIT BURRITT, BRIAN 1,750.08 415327 10/25/2024 DIRECT DEPOSIT BUSTAMANTE, LUIS 2,332.88 415328 10/25/2024 DIRECT DEPOSIT CAGLE, GARRETT 2,168.65 415329 10/25/2024 DIRECT DEPOSIT CALLAHAN, RYAN 5,020.78 415330 10/25/2024 DIRECT DEPOSIT CALLOWAY, JAMIE 2,484.54 415331 10/25/2024 DIRECT DEPOSIT CALZADILLA, EVAN 2,341.34 415332 10/25/2024 DIRECT DEPOSIT CAPPELEN, RYAN 3,335.88 415333 10/25/2024 DIRECT DEPOSIT CASS, JAMES 3,368.42 415334 10/25/2024 DIRECT DEPOSIT CEBRYNSKI, JOSEPH 2,272.08 415335 10/25/2024 DIRECT DEPOSIT CHISHOLM, KEITH 4,249.74 415336 10/25/2024 DIRECT DEPOSIT CICERONI, RICHARD 2,517.96 415337 10/25/2024 DIRECT DEPOSIT CLUTE, KEVIN 2,833.97 415338 10/25/2024 DIRECT DEPOSIT COBB, JOHN 2,748.07 415339 10/25/2024 DIRECT DEPOSIT COFFEY, GAVIN 2,515.30 415340 10/25/2024 DIRECT DEPOSIT COLEMAN, JACOB 1,838.58 415341 10/25/2024 DIRECT DEPOSIT COLEMAN, LEVI 3,302.88 415342 10/25/2024 DIRECT DEPOSIT COOPER, MIKAL 3,277.23 415343 10/25/2024 DIRECT DEPOSIT CORDERO, VINCENT 1,869.66 415344 10/25/2024 DIRECT DEPOSIT CORSO, JOHN 3,080.16 415345 10/25/2024 DIRECT DEPOSIT COTRONE, NICHOLAS 1,870.64 415346 10/25/2024 DIRECT DEPOSIT CRARY, WILLIAM 2,483.89 415347 10/25/2024 DIRECT DEPOSIT CRAVEN, THOMAS 2,022.89 415348 10/25/2024 DIRECT DEPOSIT CRUSE, DEVIN 3,817.16 415349 10/25/2024 DIRECT DEPOSIT CUEVAS, RUBEN 2,626.19 37 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415350 10/25/2024 DIRECT DEPOSIT CURTIS, COREY 2,429.27 415351 10/25/2024 DIRECT DEPOSIT DAMPIER, BRADLEY 1,928.12 415352 10/25/2024 DIRECT DEPOSIT DAMPIER, BRANDON 2,236.26 415353 10/25/2024 DIRECT DEPOSIT DANCY, GARRETT 2,098.65 415354 10/25/2024 DIRECT DEPOSIT DEBROWSKI, FRANCIS 2,423.56 415355 10/25/2024 DIRECT DEPOSIT DEKKER, ANTHONY 2,752.99 415356 10/25/2024 DIRECT DEPOSIT DEKKER, DUSTIN 3,026.58 415357 10/25/2024 DIRECT DEPOSIT DELASHMUTT, KEVIN 3,624.48 415358 10/25/2024 DIRECT DEPOSIT DELGADO, AUSTIN 1,562.99 415359 10/25/2024 DIRECT DEPOSIT DENT, RICHARD 2,689.86 415360 10/25/2024 DIRECT DEPOSIT DIAZ, NICHOLAS 4,773.37 415361 10/25/2024 DIRECT DEPOSIT DION, ROGER 3,714.09 415362 10/25/2024 DIRECT DEPOSIT DUNNE, COLIN 1,785.83 0 415363 10/25/2024 DIRECT DEPOSIT DUSKIN, MICHAEL 3,177.09 415364 10/25/2024 DIRECT DEPOSIT EDEN FIELD-ERNSBERGER, TRISTAN 1,914.44 415365 10/25/2024 DIRECT DEPOSIT EFFEREN, ROBERT 2,367.68 415366 10/25/2024 DIRECT DEPOSIT EIRLS, MICHAEL 2,751.41 415367 10/25/2024 DIRECT DEPOSIT ELLISON, CRAIG 2,691.96 415368 10/25/2024 DIRECT DEPOSIT ESCOBEDO, PAUL 2,327.02 415369 10/25/2024 DIRECT DEPOSIT ESKEW, BRADLEY 2,228.19 415370 10/25/2024 DIRECT DEPOSIT ESPINOZA, JAMES 1,535.23 415371 10/25/2024 DIRECT DEPOSIT ESTELHOMME, BRIAN 1,694.56 415372 10/25/2024 DIRECT DEPOSIT FARRELL, SARAH 1,986.02 415373 10/25/2024 DIRECT DEPOSIT FEBRES-CORDERO, DYLLAN 1,151.81 415373 10/25/2024 DIRECT DEPOSIT FEBRES-CORDERO, DYLLAN 750.00 415374 10/25/2024 DIRECT DEPOSIT FIELDS, DAWSON 1,932.75 415375 10/25/2024 DIRECT DEPOSIT FIGAS, AUSTIN 1,782.16 415376 10/25/2024 DIRECT DEPOSIT FIGUEROA, JULIAN 1,872.07 415377 10/25/2024 DIRECT DEPOSIT FLOOD, STEPHEN 1,827.97 415377 10/25/2024 DIRECT DEPOSIT FLOOD, STEPHEN 700.00 415378 10/25/2024 DIRECT DEPOSIT FLORES, IVAN 4,097.68 415379 10/25/2024 DIRECT DEPOSIT FLORES, JULIO 2,215.61 415380 10/25/2024 DIRECT DEPOSIT FONTANA, RYAN 1,738.75 415381 10/25/2024 DIRECT DEPOSIT FORD, BRADLEY 2,427.34 415382 10/25/2024 DIRECT DEPOSIT FORGET, JUSTIN 3,426.31 415383 10/25/2024 DIRECT DEPOSIT FOWLER, SEAN 1,693.38 415384 10/25/2024 DIRECT DEPOSIT FOX, THOMAS 35.00 415384 10/25/2024 DIRECT DEPOSIT FOX, THOMAS 4,232.83 415385 10/25/2024 DIRECT DEPOSIT FRETWELL, JASON 2,379.09 415386 10/25/2024 DIRECT DEPOSIT FUCCI, JAMES 4,560.86 415387 10/25/2024 DIRECT DEPOSIT GABBARD, KYLE 3,052.34 415388 10/25/2024 DIRECT DEPOSIT GALLEGOS, MATTHEW 4,206.40 415389 10/25/2024 DIRECT DEPOSIT GEHRING, JOELY 4,809.25 415390 10/25/2024 DIRECT DEPOSIT GIACCIO, MICHAEL 1,292.58 415391 10/25/2024 DIRECT DEPOSIT GIBBONS, SEAN 6,436.51 415392 10/25/2024 DIRECT DEPOSIT GIBBONS, TREVOR 2,751.63 415393 10/25/2024 DIRECT DEPOSIT GILL, WADE 1,843.19 415394 10/25/2024 DIRECT DEPOSIT GILLIG, JUSTIN 3,535.59 415395 10/25/2024 DIRECT DEPOSIT GOICOECHEA, YOMAYRA 3,006.68 415396 10/25/2024 DIRECT DEPOSIT GOMBOS, RICHARD 2,226.58 415397 10/25/2024 DIRECT DEPOSIT GOMEZ, 1 JESUS 5,304.88 415398 10/25/2024 DIRECT DEPOSIT GOMEZ, RAMIRO 2,387.66 415399 10/25/2024 DIRECT DEPOSIT GONZALEZ, JUSTIN 2,414.90 415400 10/25/2024 DIRECT DEPOSIT GOOD, MITCHELL 1,638.52 38 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415401 10/25/2024 DIRECT DEPOSIT GOODRICH, EVYN 2,972.94 415402 10/25/2024 DIRECT DEPOSIT GOODSON, RYAN 2,126.28 415403 10/25/2024 DIRECT DEPOSIT GRANATH, JOHN 2,552.42 415404 10/25/2024 DIRECT DEPOSIT GRAUL, STEVEN 4,623.42 415405 10/25/2024 DIRECT DEPOSIT GREER, STEPHEN 5,248.31 415406 10/25/2024 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 100.00 415406 10/25/2024 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 3,239.47 415407 10/25/2024 DIRECT DEPOSIT GUANCH, BRIAN 1,000.00 415407 10/25/2024 DIRECT DEPOSIT GUANCH, BRIAN 3,164.84 415408 10/25/2024 DIRECT DEPOSIT HACKLER, SPENCER 2,062.40 415409 10/25/2024 DIRECT DEPOSIT HAFFIELD, BRANDON 2,665.64 415410 10/25/2024 DIRECT DEPOSIT HAMILTON, CAMERON 2,267.18 415411 10/25/2024 DIRECT DEPOSIT HARKNESS, STEPHEN 2,689.76 415412 10/25/2024 DIRECT DEPOSIT HARLEY-OPPEL, KYLER 4,416.54 415413 10/25/2024 DIRECT DEPOSIT HARRIS, HEATH 2,940.19 415414 10/25/2024 DIRECT DEPOSIT HASKAS, STAMATIS 1,921.55 415415 10/25/2024 DIRECT DEPOSIT HATTON, CASEY 4,579.98 415416 10/25/2024 DIRECT DEPOSIT HAWKINS, DUSTIN 7,217.56 415417 10/25/2024 DIRECT DEPOSIT HELINSKI, MICHAEL 1,808.17 415418 10/25/2024 DIRECT DEPOSIT HENDERSON, CYNTHIA 3,135.36 415419 10/25/2024 DIRECT DEPOSIT HENDERSON, MARIO 4,130.87 415420 10/25/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 100.00 415420 10/25/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 2,973.57 415421 10/25/2024 DIRECT DEPOSIT HINSON, CHRISTOPHER 193.44 415421 10/25/2024 DIRECT DEPOSIT HINSON, CHRISTOPHER 2,224.53 415422 10/25/2024 DIRECT DEPOSIT HOLBROOK, JAMES 4,051.60 415423 10/25/2024 DIRECT DEPOSIT HOLMES, CODY 2,475.76 415424 10/25/2024 DIRECT DEPOSIT HOLTZCLAW, KYLE 2,909.78 415425 10/25/2024 DIRECT DEPOSIT HORNER, CHAD 3,028.31 415426 10/25/2024 DIRECT DEPOSIT HOWARD, WAYNE 150.00 415426 10/25/2024 DIRECT DEPOSIT HOWARD, WAYNE 4,688.82 415427 10/25/2024 DIRECT DEPOSIT HRUSOVSKY, MCGWIRE 2,089.46 415428 10/25/2024 DIRECT DEPOSIT HUGHES, DEVON 2,457.63 415429 10/25/2024 DIRECT DEPOSIT HURTADO, DANIEL 2,164.53 415430 10/25/2024 DIRECT DEPOSIT HYDE, JACOB 3,430.51 415431 10/25/2024 DIRECT DEPOSIT ISAACSON, ERIK 2,442.61 415432 10/25/2024 DIRECT DEPOSIT JENSEN, CASEY 3,726.76 415433 10/25/2024 DIRECT DEPOSIT JONES, CHRISTOPHER 3,324.15 415434 10/25/2024 DIRECT DEPOSIT JONES, DALTON 2,577.81 415435 10/25/2024 DIRECT DEPOSIT JONES, LAVIGNE 3,143.57 415436 10/25/2024 DIRECT DEPOSIT JUDSON, JASON 3,336.06 415437 10/25/2024 DIRECT DEPOSIT KAHL, BRANDON 50.00 415437 10/25/2024 DIRECT DEPOSIT KAHL, BRANDON 2,485.02 415438 10/25/2024 DIRECT DEPOSIT KARPINSKI, DODGE 3,732.42 415439 10/25/2024 DIRECT DEPOSIT KEARNS, OLIVER 1,694.28 415440 10/25/2024 DIRECT DEPOSIT KIERNAN, DAVID 5,330.58 415441 10/25/2024 DIRECT DEPOSIT KING, JOSEPH 1,589.46 415441 10/25/2024 DIRECT DEPOSIT KING, JOSEPH 600.00 415442 10/25/2024 DIRECT DEPOSIT KLAUSE, SHEENA 2,326.44 415443 10/25/2024 DIRECT DEPOSIT KOFKE, KYLE 1,000.00 415443 10/25/2024 DIRECT DEPOSIT KOFKE, KYLE 2,469.72 415444 10/25/2024 DIRECT DEPOSIT KOVATCH, NATHAN 3,772.44 415445 10/25/2024 DIRECT DEPOSIT KRAFT, MATTHEW 1,897.52 415446 10/25/2024 DIRECT DEPOSIT KRUEGER, RYAN 4,156.03 39 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415447 10/25/2024 DIRECT DEPOSIT LAMANA, PARRIS 2,133.80 415448 10/25/2024 DIRECT DEPOSIT LANG, GEOFFREY 250.00 415448 10/25/2024 DIRECT DEPOSIT LANG, GEOFFREY 2,268.88 415449 10/25/2024 DIRECT DEPOSIT LEGLEITNER, CHANDLER 1,796.00 415450 10/25/2024 DIRECT DEPOSIT LEWIS, BRAD 2,503.69 415451 10/25/2024 DIRECT DEPOSIT LLOYD, JAMES 3,519.94 415452 10/25/2024 DIRECT DEPOSIT LOGSDON, TYLER 2,863.80 415453 10/25/2024 DIRECT DEPOSIT LONDONO, ISAAC 1,952.94 415454 10/25/2024 DIRECT DEPOSIT LOPEZ, ERIC 3,598.35 415455 10/25/2024 DIRECT DEPOSIT LOUDERMILK, JEFFREY 984.47 415456 10/25/2024 DIRECT DEPOSIT LUCAS, DAVID 2,354.01 415457 10/25/2024 DIRECT DEPOSIT MACKINNON, JENNIFER 2,933.37 415458 10/25/2024 DIRECT DEPOSIT MAGUIRE, KEVIN 2,118.59 415459 10/25/2024 DIRECT DEPOSIT MAHAN, STEVEN 3,320.61 415460 10/25/2024 DIRECT DEPOSIT MARCHESINI, TODD 2,216.61 415461 10/25/2024 DIRECT DEPOSIT MARINI, STEVEN 2,205.27 415462 10/25/2024 DIRECT DEPOSIT MARQUES, CARLO 2,962.80 415463 10/25/2024 DIRECT DEPOSIT MARQUES, GABRIELLE 1,821.04 415464 10/25/2024 DIRECT DEPOSIT MARTINEZ, ALYSSA 2,563.17 415465 10/25/2024 DIRECT DEPOSIT MARTINEZ, GABRIEL 2,132.33 415466 10/25/2024 DIRECT DEPOSIT MASON, BRETT 2,003.42 415467 10/25/2024 DIRECT DEPOSIT MASTERS, DANIEL 2,354.91 415468 10/25/2024 DIRECT DEPOSIT MATHERLY, CHRISTOPHER 2,905.25 415469 10/25/2024 DIRECT DEPOSIT MAZZOLA, MICHAEL 2,345.99 415470 10/25/2024 DIRECT DEPOSIT MCAULIFFE, COLBY 1,890.47 415471 10/25/2024 DIRECT DEPOSIT MCCABE, BENJAMIN 2,562.59 415472 10/25/2024 DIRECT DEPOSIT MCCORMACK, SEAN 3,076.07 415473 10/25/2024 DIRECT DEPOSIT MCGINN, MATTHEW 2,390.41 415474 10/25/2024 DIRECT DEPOSIT MCLEOD, CODY 2,421.56 415475 10/25/2024 DIRECT DEPOSIT MCVAY, CHRISTOPHER 3,301.69 415476 10/25/2024 DIRECT DEPOSIT MEDINA, NICKOLAS 2,241.60 415477 10/25/2024 DIRECT DEPOSIT MEILAN, TOMAS 3,243.51 415478 10/25/2024 DIRECT DEPOSIT METZ, GIANNA 2,212.08 415479 10/25/2024 DIRECT DEPOSIT METZ, MATTHEW 3,002.92 415480 10/25/2024 DIRECT DEPOSIT MEYERS, KYLE 3,094.52 415481 10/25/2024 DIRECT DEPOSIT MINNS, KYLE 3,009.97 415482 10/25/2024 DIRECT DEPOSIT MIXON, SEAN 2,314.41 415483 10/25/2024 DIRECT DEPOSIT MONTPETIT, CHRISTOPHER 2,826.02 415484 10/25/2024 DIRECT DEPOSIT MOONEY, KEVIN 1,740.25 415484 10/25/2024 DIRECT DEPOSIT MOONEY, KEVIN 300.00 415485 10/25/2024 DIRECT DEPOSIT MORRIS, JOSHUA 2,588.01 415486 10/25/2024 DIRECT DEPOSIT MORRIS, NICOLE 3,084.99 415487 10/25/2024 DIRECT DEPOSIT MORRISON, JAMES 2,977.75 415488 10/25/2024 DIRECT DEPOSIT MOYER, HANNAH 3,507.98 415489 10/25/2024 DIRECT DEPOSIT MURPHY, ANDREW 2,002.53 415490 10/25/2024 DIRECT DEPOSIT NACHREINER, BRYCE 1,399.98 415491 10/25/2024 DIRECT DEPOSIT NADOLNY, VINCENT 3,194.07 415492 10/25/2024 DIRECT DEPOSIT NIELSEN, ALEX 2,505.01 415493 10/25/2024 DIRECT DEPOSIT NOGAREDA, JORDAN 2,184.56 415494 10/25/2024 DIRECT DEPOSIT NOHRR, JULI 3,251.26 415495 10/25/2024 DIRECT DEPOSIT NORAT, ALEXANDER 3,609.78 415496 10/25/2024 DIRECT DEPOSIT OCONNOR, JOHN 2,859.23 415497 10/25/2024 DIRECT DEPOSIT OHLER, MARK 2,047.20 415498 10/25/2024 DIRECT DEPOSIT OLIVER, LUKE 3,349.82 40 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415499 10/25/2024 DIRECT DEPOSIT ORTIZ, TAYLOR 1,815.22 415499 10/25/2024 DIRECT DEPOSIT ORTIZ, TAYLOR 150.00 415500 10/25/2024 DIRECT DEPOSIT OSGOOD, DAVID 2,968.58 415501 10/25/2024 DIRECT DEPOSIT OSTERMAN, TYLER 1,750.29 415501 10/25/2024 DIRECT DEPOSIT OSTERMAN, TYLER 437.57 415502 10/25/2024 DIRECT DEPOSIT PARKER, RYAN 4,419.58 415503 10/25/2024 DIRECT DEPOSIT PARKER, TYLER 3,403.41 415504 10/25/2024 DIRECT DEPOSIT PARKERSON, BRANDON 2,537.46 415505 10/25/2024 DIRECT DEPOSIT PARRIS, RYAN 2,689.07 415506 10/25/2024 DIRECT DEPOSIT PATTERSON, RYAN 2,522.09 415507 10/25/2024 DIRECT DEPOSIT PEDONTI, ZACHARY 2,700.89 415508 10/25/2024 DIRECT DEPOSIT PENA, ADAN 2,098.39 415509 10/25/2024 DIRECT DEPOSIT PENA, JONATHAN 2,104.28 415510 10/25/2024 DIRECT DEPOSIT PERDOMO, JAMES 2,109.68 415511 10/25/2024 DIRECT DEPOSIT PEREZ, ALEXANDER 1,868.21 415512 10/25/2024 DIRECT DEPOSIT PERRY, SEAN 3,331.61 415513 10/25/2024 DIRECT DEPOSIT PHAN, BRANDON 2,161.48 415514 10/25/2024 DIRECT DEPOSIT PLOURDE, HUNTER 2,398.56 415515 10/25/2024 DIRECT DEPOSIT POLLY, DONNIE 2,288.14 415516 10/25/2024 DIRECT DEPOSIT PORTER, TODD 745.27 415516 10/25/2024 DIRECT DEPOSIT PORTER, TODD 2,235.81 415517 10/25/2024 DIRECT DEPOSIT POWELL, STEVEN 4,058.41 415518 10/25/2024 DIRECT DEPOSIT PRESSLEY, JASON 2,860.07 415519 10/25/2024 DIRECT DEPOSIT QUIGLEY, BRENNAN 3,930.98 415520 10/25/2024 DIRECT DEPOSIT RAMIREZ, SELENA 2,806.36 415521 10/25/2024 DIRECT DEPOSIT RAMSEY, RYAN 2,033.53 415522 10/25/2024 DIRECT DEPOSIT RATTRAY, APRIL 3,008.95 415523 10/25/2024 DIRECT DEPOSIT RATTRAY, DAVID 5,485.69 415524 10/25/2024 DIRECT DEPOSIT RAULERSON, JAMESON 3,187.98 415525 10/25/2024 DIRECT DEPOSIT REARDON, JONATHAN 4,766.94 415526 10/25/2024 DIRECT DEPOSIT REY, DANIEL 2,324.36 415527 10/25/2024 DIRECT DEPOSIT REYES, LUIS 2,765.45 415528 10/25/2024 DIRECT DEPOSIT RICHARDS, BRADLEY 2,990.12 415529 10/25/2024 DIRECT DEPOSIT RICHTER, JOSEPH 3,309.71 415530 10/25/2024 DIRECT DEPOSIT RIVAS, ROBERT 3,774.84 415531 10/25/2024 DIRECT DEPOSIT ROBERTS, BRYAN 3,427.31 415532 10/25/2024 DIRECT DEPOSIT ROBERTSON, ZACHARY 2,658.15 415533 10/25/2024 DIRECT DEPOSIT ROBINSON, MARCUS 2,792.83 415534 10/25/2024 DIRECT DEPOSIT RODRIGUEZ, JATNIEL 2,526.44 415535 10/25/2024 DIRECT DEPOSIT ROTH, NICOLE 1,890.43 415536 10/25/2024 DIRECT DEPOSIT RUFF, CODY 2,309.66 415537 10/25/2024 DIRECT DEPOSIT RULE, MICHAEL 3,365.24 415538 10/25/2024 DIRECT DEPOSIT RUSSELL, DEREK 2,575.99 415539 10/25/2024 DIRECT DEPOSIT SALMON, JOHN 1,869.56 415540 10/25/2024 DIRECT DEPOSIT SANSONE, MICHAEL 3,288.17 415541 10/25/2024 DIRECT DEPOSIT SANTIAGO, JOSHUA 3,345.63 415542 10/25/2024 DIRECT DEPOSIT SAPP, JULIA 2,955.17 415543 10/25/2024 DIRECT DEPOSIT SCHAUMAN, ADAM 3,741.55 415544 10/25/2024 DIRECT DEPOSIT SCHILLING, THOMAS 7,961.45 415545 10/25/2024 DIRECT DEPOSIT SCHLOESSER, STEVEN 3,667.37 415546 10/25/2024 DIRECT DEPOSIT SELLERS, ANDREW 2,878.64 415547 10/25/2024 DIRECT DEPOSIT SHIELDS, WILLIAM 3,404.54 415548 10/25/2024 DIRECT DEPOSIT SHULTS, DEREK 3,700.32 415549 10/25/2024 DIRECT DEPOSIT SIMONS, BRADLEY 150.00 41 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415549 10/25/2024 DIRECT DEPOSIT SIMONS, BRADLEY 3,680.09 415550 10/25/2024 DIRECT DEPOSIT SIMS, CHRISTINA 2,576.36 415551 10/25/2024 DIRECT DEPOSIT SINAGRA, MARC 2,377.02 415552 10/25/2024 DIRECT DEPOSIT SKOK, ROBERT 2,103.39 415553 10/25/2024 DIRECT DEPOSIT SLACK, JOSEPH 2,377.75 415554 10/25/2024 DIRECT DEPOSIT SMITH, BRYANT 2,407.65 415555 10/25/2024 DIRECT DEPOSIT SMITH, JARED 2,106.64 415556 10/25/2024 DIRECT DEPOSIT SMITH, KAREN 2,200.06 415557 10/25/2024 DIRECT DEPOSIT SMITH, MICHAEL 2,557.14 415558 10/25/2024 DIRECT DEPOSIT SMITH, STEPHEN 2,945.86 415559 10/25/2024 DIRECT DEPOSIT SPARKMAN, CODY 2,490.17 415560 10/25/2024 DIRECT DEPOSIT SPRENGER, CONSTANT 2,839.75 415561 10/25/2024 DIRECT DEPOSIT SPRINGER, MORRIS 2,352.28 415562 10/25/2024 DIRECT DEPOSIT STAMM, JESSICA 2,428.49 415563 10/25/2024 DIRECT DEPOSIT STANFORD, BRIAN 1,864.17 415564 10/25/2024 DIRECT DEPOSIT STEELE, JOSHUA 3,109.35 415565 10/25/2024 DIRECT DEPOSIT STENGER, ANDREW 5,260.25 415566 10/25/2024 DIRECT DEPOSIT STEPHENS, TRAVIS 2,007.52 415567 10/25/2024 DIRECT DEPOSIT STEPHENS, ZACHARIA 2,207.41 415568 10/25/2024 DIRECT DEPOSIT STOTT, JESSICA 2,065.97 415569 10/25/2024 DIRECT DEPOSIT STURTEVANT, MARC 3,221.58 415570 10/25/2024 DIRECT DEPOSIT SWEATT, CODY 2,295.35 415571 10/25/2024 DIRECT DEPOSIT THOMPSON, CLINTON 1,758.73 415572 10/25/2024 DIRECT DEPOSIT THOMPSON, GRIFFIN 2,143.75 415573 10/25/2024 DIRECT DEPOSIT THOMPSON, ROBERT 1,753.86 415574 10/25/2024 DIRECT DEPOSIT THOMPSON, RUSSELL 3,012.25 415575 10/25/2024 DIRECT DEPOSIT TIERNEY, PATRICK 3,236.24 415576 10/25/2024 DIRECT DEPOSIT TOBIN, JUSTIN 3,678.18 415577 10/25/2024 DIRECT DEPOSIT TRENT, CHRISTOPHER 3,368.48 415578 10/25/2024 DIRECT DEPOSIT TROSKA, HUNTER 2,777.06 415579 10/25/2024 DIRECT DEPOSIT TURPIN, JENA 2,730.25 415580 10/25/2024 DIRECT DEPOSIT URSULEAN, FLORIN 3,018.79 415581 10/25/2024 DIRECT DEPOSIT URSULEAN, ZACHARY 1,708.26 415582 10/25/2024 DIRECT DEPOSIT USHER, ADAM 3,286.90 415583 10/25/2024 DIRECT DEPOSIT VELAZQUEZ, JOSHUA 2,487.34 415584 10/25/2024 DIRECT DEPOSIT VELIE, ANTHONY 2,536.50 415585 10/25/2024 DIRECT DEPOSIT WAGNER, BRANDON 3,170.81 415586 10/25/2024 DIRECT DEPOSIT WALKER, TYLER 2,130.45 415587 10/25/2024 DIRECT DEPOSIT WALLACE, JEREMY 2,550.49 415588 10/25/2024 DIRECT DEPOSIT WALLS, JOSEPH 3,575.09 415589 10/25/2024 DIRECT DEPOSIT WATKINS, BENJAMIN 2,261.07 415590 10/25/2024 DIRECT DEPOSIT WEAVER, TYLER 2,046.11 415591 10/25/2024 DIRECT DEPOSIT WELLS, MICHAEL 3,137.12 415592 10/25/2024 DIRECT DEPOSIT WELTER, JOSHUA 4,473.31 415593 10/25/2024 DIRECT DEPOSIT WENZEL, JACOB 1,923.71 415594 10/25/2024 DIRECT DEPOSIT WEST, RILEY 1,602.97 415594 10/25/2024 DIRECT DEPOSIT WEST, RILEY 686.99 415595 10/25/2024 DIRECT DEPOSIT WEST, ROSE 1,278.98 415596 10/25/2024 DIRECT DEPOSIT WESTERMAN, JAMES 2,315.16 415597 10/25/2024 DIRECT DEPOSIT WHITE, KEVIN 2,667.25 415598 10/25/2024 DIRECT DEPOSIT WILLMOT, WILLIAM 3,410.15 415599 10/25/2024 DIRECT DEPOSIT WILSNACK, ALEXANDER 3,405.82 415600 10/25/2024 DIRECT DEPOSIT WILSON, NEIL 2,809.01 415601 10/25/2024 DIRECT DEPOSIT WOODWARD, EDWARD 1,539.57 42 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415602 10/25/2024 DIRECT DEPOSIT ZAVALA, ADRIAN 2,649.21 415603 10/25/2024 DIRECT DEPOSIT ZEDEK, STACY 2,633.36 415604 10/25/2024 DIRECT DEPOSIT PACHECO-NOEL, MARCELA 2,091.92 415605 10/25/2024 DIRECT DEPOSIT BRADLEY, DANIEL 2,369.62 415606 10/25/2024 DIRECT DEPOSIT RACKARD, KAREN 3,809.97 415607 10/25/2024 DIRECT DEPOSIT BERGMAN, QUINTIN 2,153.80 415608 10/25/2024 DIRECT DEPOSIT STUCZYNSKI, JESSICA 1,891.61 415609 10/25/2024 DIRECT DEPOSIT VANGEISON, DUSTIN 2,376.20 415610 10/25/2024 DIRECT DEPOSIT BENSON, SHAWN 770.88 415611 10/25/2024 DIRECT DEPOSIT BOWLER, NANCY 50.00 415611 10/25/2024 DIRECT DEPOSIT BOWLER, NANCY 1,426.51 415612 10/25/2024 DIRECT DEPOSIT COX, BRANDON 1,266.21 415613 10/25/2024 DIRECT DEPOSIT DUNHAM, TREVOR 842.25 415614 10/25/2024 DIRECT DEPOSIT HEFFNER, KEITH 547.81 415615 10/25/2024 DIRECT DEPOSIT MALDONADO, ELI 272.00 415616 10/25/2024 DIRECT DEPOSIT OSBORNE, JANET 952.90 415617 10/25/2024 DIRECT DEPOSIT SELDES, JERROLD 3,132.99 415618 10/25/2024 DIRECT DEPOSIT SIRILLA, JOSEPH 547.81 415619 10/25/2024 DIRECT DEPOSIT SMITH, MICHAEL 542.98 415620 10/25/2024 DIRECT DEPOSIT TALARICO, FRANK 694.66 415621 10/25/2024 DIRECT DEPOSIT VACCARO, MICHAEL 787.92 415622 10/25/2024 DIRECT DEPOSIT WHITE, JOSEPH 1,979.15 415623 10/25/2024 DIRECT DEPOSIT BUNT, NANCY 5,543.97 415624 10/25/2024 DIRECT DEPOSIT COPELAND, KATHY 5,000.48 415625 10/25/2024 DIRECT DEPOSIT COURNOYER, CHRISTINA 500.00 415625 10/25/2024 DIRECT DEPOSIT COURNOYER, CHRISTINA 1,686.93 415626 10/25/2024 DIRECT DEPOSIT TITKANICH, JOHN 5,769.16 415626 10/25/2024 DIRECT DEPOSIT TITKANICH, JOHN 1,000.00 415627 10/25/2024 DIRECT DEPOSIT VOTZI, SHEILA 300.00 415627 10/25/2024 DIRECT DEPOSIT VOTZI, SHEILA 250.00 415627 10/25/2024 DIRECT DEPOSIT VOTZI, SHEILA 50.00 415627 10/25/2024 DIRECT DEPOSIT VOTZI, SHEILA 1,194.33 415628 10/25/2024 DIRECT DEPOSIT EMERSON, CYNTHIA 4,555.87 415629 10/25/2024 DIRECT DEPOSIT MILLER, MAYA 536.00 415629 10/25/2024 DIRECT DEPOSIT MILLER, MAYA 20.00 415629 10/25/2024 DIRECT DEPOSIT MILLER, MAYA 1,022.60 415629 10/25/2024 DIRECT DEPOSIT MILLER, MAYA 150.00 415630 10/25/2024 DIRECT DEPOSIT ZITO, MICHAEL 7,943.17 415631 10/25/2024 DIRECT DEPOSIT BOYLL, SUZANNE 3,987.00 415632 10/25/2024 DIRECT DEPOSIT FAULKNER, STACY 150.00 415632 10/25/2024 DIRECT DEPOSIT FAULKNER, STACY 3,491.69 415633 10/25/2024 DIRECT DEPOSIT HILL, CHEVY 1,370.61 415633 10/25/2024 DIRECT DEPOSIT HILL, CHEVY 100.00 415634 10/25/2024 DIRECT DEPOSIT KING, MICHAEL 2,440.65 415635 10/25/2024 DIRECT DEPOSIT MONTEROSSO, JORDAN 1,593.48 415635 10/25/2024 DIRECT DEPOSIT MONTEROSSO, JORDAN 100.00 415636 10/25/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 625.00 415636 10/25/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 400.00 415636 10/25/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 2,773.07 415637 10/25/2024 DIRECT DEPOSIT O'SULLIVAN, SHEILA 200.00 415637 10/25/2024 DIRECT DEPOSIT O'SULLIVAN, SHEILA 1,968.33 415638 10/25/2024 DIRECT DEPOSIT CHAREST, KATHERINE 2,540.00 415639 10/25/2024 DIRECT DEPOSIT FREEMAN, BRIAN 3,528.10 415640 10/25/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 25.00 43 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415640 10/25/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 100.00 415640 10/25/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 275.00 415640 10/25/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 980.55 415640 10/25/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 40.00 415641 10/25/2024 DIRECT DEPOSIT MANN, JAMES 2,155.92 415642 10/25/2024 DIRECT DEPOSIT BALTER, CHRISTOPHER 3,146.00 415643 10/25/2024 DIRECT DEPOSIT CREAGAN, BRANDON 2,701.34 415644 10/25/2024 DIRECT DEPOSIT HILL, MICHAEL 2,097.02 415645 10/25/2024 DIRECT DEPOSIT KLERLEIN, LEISA 1,310.62 415646 10/25/2024 DIRECT DEPOSIT MCLENDON, SCHUMETTA 2,082.99 415647 10/25/2024 DIRECT DEPOSIT MURPHY, PATRICK 2,879.42 415648 10/25/2024 DIRECT DEPOSIT OTTOSON, CARRIE 1,412.58 415649 10/25/2024 DIRECT DEPOSIT RAYNOR, DALLAS 1,491.62 415650 10/25/2024 DIRECT DEPOSIT SWEENEY, RYAN 200.00 415650 10/25/2024 DIRECT DEPOSIT SWEENEY, RYAN 3,171.87 415650 10/25/2024 DIRECT DEPOSIT SWEENEY, RYAN 200.00 415651 10/25/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 477.29 415651 10/25/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 658.00 415651 10/25/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 1,500.00 415652 10/25/2024 DIRECT DEPOSIT TOOF, NICOLE 1,326.16 415653 10/25/2024 DIRECT DEPOSIT WOODY, LOGAN 1,386.76 415654 10/25/2024 DIRECT DEPOSIT ARNDT, MELISSA 2,009.97 415655 10/25/2024 DIRECT DEPOSIT AUTON, MICHELLE 1,665.27 415656 10/25/2024 DIRECT DEPOSIT BIRHANZL, JOHN 639.43 415657 10/25/2024 DIRECT DEPOSIT CLAUSS, PATRICIA 495.22 415658 10/25/2024 DIRECT DEPOSIT GINES, BARBARA 247.86 415659 10/25/2024 DIRECT DEPOSIT HENRY, CARRI 929.47 415660 10/25/2024 DIRECT DEPOSIT SINGLETARY, LINDA 546.63 415661 10/25/2024 DIRECT DEPOSIT BUCK, KELLY 2,702.41 415662 10/25/2024 DIRECT DEPOSIT CARTER SOLOMON, VANESSA 165.00 415662 10/25/2024 DIRECT DEPOSIT CARTER SOLOMON, VANESSA 2,187.74 415663 10/25/2024 DIRECT DEPOSIT DRISKELL, DAPHNE 1,846.70 415664 10/25/2024 DIRECT DEPOSIT FOLGER, MICHAEL 1,623.51 415665 10/25/2024 DIRECT DEPOSIT GIL, AMARIS 1,245.30 415666 10/25/2024 DIRECT DEPOSIT VAUGHT, DUSTIN 1,785.93 415667 10/25/2024 DIRECT DEPOSIT CARROLL, SHAWNA 3,563.59 415668 10/25/2024 DIRECT DEPOSIT CASANO, ELIZABETH 300.52 415668 10/25/2024 DIRECT DEPOSIT CASANO, ELIZABETH 1,702.93 415669 10/25/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 1,000.00 415669 10/25/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 7,604.97 415670 10/25/2024 DIRECT DEPOSIT JONES, DONALD 2,918.92 415671 10/25/2024 DIRECT DEPOSIT LLOYD, RYAN 6,567.15 415672 10/25/2024 DIRECT DEPOSIT MARINI, RICHARD 5,229.45 415673 10/25/2024 DIRECT DEPOSIT PRIDGEON, JENNIFER 3,101.88 415674 10/25/2024 DIRECT DEPOSIT REYES, ALICIA 3,854.67 415675 10/25/2024 DIRECT DEPOSIT REYES, ERIN 3,188.45 415676 10/25/2024 DIRECT DEPOSIT RICHARDS, DONNA 1,273.21 415677 10/25/2024 DIRECT DEPOSIT SMILOVICH, MICHAEL 3,987.08 415678 10/25/2024 DIRECT DEPOSIT WISHARD, SHARYNE 27.50 415678 10/25/2024 DIRECT DEPOSIT WISHARD, SHARYNE 20.00 415678 10/25/2024 DIRECT DEPOSIT WISHARD, SHARYNE 62.50 415678 10/25/2024 DIRECT DEPOSIT WISHARD, SHARYNE 1,831.28 415678 10/25/2024 DIRECT DEPOSIT WISHARD, SHARYNE 150.00 415679 10/25/2024 DIRECT DEPOSIT ARSENEAU, JASON 2,536.83 44 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415680 10/25/2024 DIRECT DEPOSIT BARTEE, JAMES 2,036.71 415681 10/25/2024 DIRECT DEPOSIT BRISTOL, SAMUEL 1,456.56 415682 10/25/2024 DIRECT DEPOSIT BROWN, LOUIS 1,808.94 415683 10/25/2024 DIRECT DEPOSIT CASAS, RAY 1,641.60 415683 10/25/2024 DIRECT DEPOSIT CASAS, RAY 45.00 415684 10/25/2024 DIRECT DEPOSIT DEWSON, WILLIAM 2,081.24 415685 10/25/2024 DIRECT DEPOSIT DORNEY, RONALD 1,781.37 415686 10/25/2024 DIRECT DEPOSIT DUKE, JUSTIN 2,096.90 415687 10/25/2024 DIRECT DEPOSIT ELLI, ANTON 2,280.06 415688 10/25/2024 DIRECT DEPOSIT HISLE, IVAN 1,498.42 415689 10/25/2024 DIRECT DEPOSIT JASPER, RICARDO 2,301.79 415690 10/25/2024 DIRECT DEPOSIT JEFFERSON, LORENZO 1,945.09 415691 10/25/2024 DIRECT DEPOSIT KNAUER, HARVEY 2,337.61 415692 10/25/2024 DIRECT DEPOSIT LEWIS, RICCO 2,022.70 415693 10/25/2024 DIRECT DEPOSIT LUFT, MICHAEL 2,042.97 415694 10/25/2024 DIRECT DEPOSIT MIEHLE, DANIEL 2,176.35 415695 10/25/2024 DIRECT DEPOSIT MORGAN, MARQUIS 1,561.73 415696 10/25/2024 DIRECT DEPOSIT MOSLEY, IRA 2,032.20 415697 10/25/2024 DIRECT DEPOSIT NOEL, INOBERT 2,341.02 415698 10/25/2024 DIRECT DEPOSIT PANTOJA, ANTHONY 1,595.87 415699 10/25/2024 DIRECT DEPOSIT POWELL, ELIZABETH 50.00 415699 10/25/2024 DIRECT DEPOSIT POWELL, ELIZABETH 5,885.90 415700 10/25/2024 DIRECT DEPOSIT REED, JIMMY 2,184.40 415701 10/25/2024 DIRECT DEPOSIT REESE, PAUL 1,358.79 415702 10/25/2024 DIRECT DEPOSIT ROSECRANTS, PHILLIP 1,743.44 415703 10/25/2024 DIRECT DEPOSIT SHEDAKER, MICHAEL 1,793.43 415704 10/25/2024 DIRECT DEPOSIT SMITH, DOUGLAS 1,940.58 415705 10/25/2024 DIRECT DEPOSIT SMITH, LORI 1,988.67 415706 10/25/2024 DIRECT DEPOSIT STAAR, MICHAEL 2,206.19 415707 10/25/2024 DIRECT DEPOSIT VENTO, JAMES 1,788.04 415708 10/25/2024 DIRECT DEPOSIT WHITE, RALPH 2,507.89 415709 10/25/2024 DIRECT DEPOSIT WOODS, DANIEL 2,200.98 415710 10/25/2024 DIRECT DEPOSIT YATES, WILLIAM 2,482.46 415711 10/25/2024 DIRECT DEPOSIT BENITO, LISSELOTTE 1,399.22 415711 10/25/2024 DIRECT DEPOSIT BENITO, LISSELOTTE 25.00 415712 10/25/2024 DIRECT DEPOSIT CATAPANO, ROBERT 1,809.30 415713 10/25/2024 DIRECT DEPOSIT KENDRICK, MEGAN 2,996.81 415714 10/25/2024 DIRECT DEPOSIT FLORIAN, YVONNE 1,374.14 415715 10/25/2024 DIRECT DEPOSIT LAllARI ESTEVEZ, ANDREA 1,184.62 415716 10/25/2024 DIRECT DEPOSIT MORAN, MORGAN 675.02 415717 10/25/2024 DIRECT DEPOSIT MUNROE, LESLIE 125.00 415717 10/25/2024 DIRECT DEPOSIT MUNROE, LESLIE 789.57 415718 10/25/2024 DIRECT DEPOSIT ALLEY, EDMOND 1,757.69 415719 10/25/2024 DIRECT DEPOSIT AllOLINI, DENNIS 2,510.30 415720 10/25/2024 DIRECT DEPOSIT BAKER, BENJAMIN 3,152.85 415721 10/25/2024 DIRECT DEPOSIT BALFE, RYAN 2,198.01 415722 10/25/2024 DIRECT DEPOSIT BELL, THOMAS 2,485.56 415723 10/25/2024 DIRECT DEPOSIT BERGINC, CHARLES 2,193.58 415724 10/25/2024 DIRECT DEPOSIT BESAW, BRIAN 1,685.52 415725 10/25/2024 DIRECT DEPOSIT BLUM, PHILIP 2,966.65 415726 10/25/2024 DIRECT DEPOSIT BURRELL, HARRY 2,171.29 415727 10/25/2024 DIRECT DEPOSIT CARDELL, BURKE 2,860.75 415728 10/25/2024 DIRECT DEPOSIT CONKLIN, DANIEL 1,762.43 415729 10/25/2024 DIRECT DEPOSIT COPPERSMITH, JOHN 2,675.00 45 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME 415730 10/25/2024 DIRECT DEPOSIT CUNNINGHAM, TODD 415731 10/25/2024 DIRECT DEPOSIT CURRY, IRA 415732 10/25/2024 DIRECT DEPOSIT DRAWDY, PAULA 415733 10/25/2024 DIRECT DEPOSIT EDMOND, MAXIME 415734 10/25/2024 DIRECT DEPOSIT ELLIS, CHRISTIAN 415735 10/25/2024 DIRECT DEPOSIT FRALIX, RIDGE 415736 10/25/2024 DIRECT DEPOSIT GILLETTE, TRAVIS 415737 10/25/2024 DIRECT DEPOSIT HANSEN, SCOTT 415738 10/25/2024 DIRECT DEPOSIT HATFIELD, THOMAS 415739 10/25/2024 DIRECT DEPOSIT HAYNES, PAUL 415740 10/25/2024 DIRECT DEPOSIT HICKS, TROY 415741 10/25/2024 DIRECT DEPOSIT HILLS, JOHNATHAN 415742 10/25/2024 DIRECT DEPOSIT HUBLER, DARREL 415743 10/25/2024 DIRECT DEPOSIT KERSHAW, DAMON 415744 10/25/2024 DIRECT DEPOSIT LANCE, KENNETH 415744 10/25/2024 DIRECT DEPOSIT LANCE, KENNETH 415744 10/25/2024 DIRECT DEPOSIT LANCE, KENNETH 415744 10/25/2024 DIRECT DEPOSIT LANCE, KENNETH 415745 10/25/2024 DIRECT DEPOSIT LIGUORI, JAMES 415746 10/25/2024 DIRECT DEPOSIT MADDOX, BOBBY 415747 10/25/2024 DIRECT DEPOSIT MARX, AUSTIN 415748 10/25/2024 DIRECT DEPOSIT MATHESON, CHRISTOPHER 415749 10/25/2024 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 415749 10/25/2024 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 415750 10/25/2024 DIRECT DEPOSIT MEND, JULIANNE 415750 10/25/2024 DIRECT DEPOSIT MEND, JULIANNE 415751 10/25/2024 DIRECT DEPOSIT MILAS, BARBARA 415752 10/25/2024 DIRECT DEPOSIT MORSE, JEFFREY 415753 10/25/2024 DIRECT DEPOSIT NELSON, BRIAN 415753 10/25/2024 DIRECT DEPOSIT NELSON, BRIAN 415754 10/25/2024 DIRECT DEPOSIT OOLEY, DANNY 415755 10/25/2024 DIRECT DEPOSIT PEABODY, BRENT 415756 10/25/2024 DIRECT DEPOSIT REDDIE, FITZROY 415757 10/25/2024 DIRECT DEPOSIT ROONEY, ROBERT 415758 10/25/2024 DIRECT DEPOSIT SEYMOUR, SETH 415759 10/25/2024 DIRECT DEPOSIT SHAPIRO, ROBERT 415760 10/25/2024 DIRECT DEPOSIT SLEEMAN, DENISE 415761 10/25/2024 DIRECT DEPOSIT SMITH, MATTHEW 415762 10/25/2024 DIRECT DEPOSIT SOTO, EMERSON 415763 10/25/2024 DIRECT DEPOSIT STEPHENS, LAYNE 415764 10/25/2024 DIRECT DEPOSIT STEPHENS, LAYNE 415765 10/25/2024 DIRECT DEPOSIT SUMMERFIELD, GEORGE 415766 10/25/2024 DIRECT DEPOSIT TARANTINO, MARK 415766 10/25/2024 DIRECT DEPOSIT TARANTINO, MARK 415767 10/25/2024 DIRECT DEPOSIT TRUSTY, JAMAR 415768 10/25/2024 DIRECT DEPOSIT VOLGARINO, CARL 415769 10/25/2024 DIRECT DEPOSIT WARD, HERSHEL 415770 10/25/2024 DIRECT DEPOSIT WILLIAMS, CHARLES 415771 10/25/2024 DIRECT DEPOSIT WILSON, WILLIAM 415772 10/25/2024 DIRECT DEPOSIT YOUNG, PARK 415773 10/25/2024 DIRECT DEPOSIT JONES, TRAVIS 415774 10/25/2024 DIRECT DEPOSIT LINGWOOD, ASHLEY 415775 10/25/2024 DIRECT DEPOSIT RODDENBERRY, OLIVIA 415775 10/25/2024 DIRECT DEPOSIT RODDENBERRY, OLIVIA AMOUNT 2,370.52 2,461.26 1,672.93 2,031.37 2,016.57 2,127.63 2,051.48 2,250.86 2,568.78 1,871.55 1,898.13 1,834.06 4,314.13 2,072.19 55.00 400.00 1,768.94 135.00 2,751.79 1,950.88 2,103.34 2,156.82 2,812.03 385.00 1,270.19 224.15 2,253.69 2,808.76 224.00 1,908.04 4,237.42 2,518.88 2,577.51 2,266.30 1,855.10 2,414.62 3,250.62 2,163.98 2,559.56 2,441.30 3,343.35 2,489.33 2,262.18 200.00 2,528.05 2,401.05 2,472.64 1,933.32 3,500.71 1,710.54 1,858.83 2,523.21 1,865.92 98.21 46 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415776 10/25/2024 DIRECT DEPOSIT SWINDELL, WENDY 3,380.62 415777 10/25/2024 DIRECT DEPOSIT TAYLOR, JOSEPH 2,054.81 415778 10/25/2024 DIRECT DEPOSIT BALL, SHELBY 1,574.60 415779 10/25/2024 DIRECT DEPOSIT HYDE, JENNIFER 3,272.62 415780 10/25/2024 DIRECT DEPOSIT LYSTLUND, DIANE 2,527.61 415781 10/25/2024 DIRECT DEPOSIT ALLEN, NANCY 1,720.46 415782 10/25/2024 DIRECT DEPOSIT BESANCON, LAURIE 1,965.29 415783 10/25/2024 DIRECT DEPOSIT HARRINGTON, LISA 1,965.91 415784 10/25/2024 DIRECT DEPOSIT JACKSON, SHAQUALIA 1,896.35 415785 10/25/2024 DIRECT DEPOSIT JONES, RONALD 3,843.62 415786 10/25/2024 DIRECT DEPOSIT LEMONS, VALERIE 1,949.28 415787 10/25/2024 DIRECT DEPOSIT MENTA, HIMANSHU 1,600.00 415787 10/25/2024 DIRECT DEPOSIT MENTA, HIMANSHU 3,000.71 415788 10/25/2024 DIRECT DEPOSIT MENDEZ, MARISOL 1,828.55 415789 10/25/2024 DIRECT DEPOSIT PERSON, ANTOWAIN 1,639.34 415790 10/25/2024 DIRECT DEPOSIT STREETER, VONNIE 1,836.76 415791 10/25/2024 DIRECT DEPOSIT CASALINA, NICHOLAS 250.00 415791 10/25/2024 DIRECT DEPOSIT CASALINA, NICHOLAS 4,923.44 415792 10/25/2024 DIRECT DEPOSIT EVERHART, COLBY 2,779.17 415793 10/25/2024 DIRECT DEPOSIT FLOOD, DOUGLAS 1,002.23 415793 10/25/2024 DIRECT DEPOSIT FLOOD, DOUGLAS 4,008.93 415794 10/25/2024 DIRECT DEPOSIT GARRETT, KEITH 85.00 415794 10/25/2024 DIRECT DEPOSIT GARRETT, KEITH 3,511.57 415795 10/25/2024 DIRECT DEPOSIT GEE, DAVID 5,802.91 415796 10/25/2024 DIRECT DEPOSIT GOLD, JASON 2,637.75 415797 10/25/2024 DIRECT DEPOSIT HAINES, ROBERT 3,342.98 415798 10/25/2024 DIRECT DEPOSIT LIST, TERRY 2,870.28 415799 10/25/2024 DIRECT DEPOSIT LOVEDAY, MICHAEL 3,907.64 415800 10/25/2024 DIRECT DEPOSIT MATHIS, JEFF 2,723.75 415801 10/25/2024 DIRECT DEPOSIT MESSER, CHARLES 150.00 415801 10/25/2024 DIRECT DEPOSIT MESSER, CHARLES 5,434.75 415802 10/25/2024 DIRECT DEPOSIT PARILLO, TRAVIS 3,582.64 415803 10/25/2024 DIRECT DEPOSIT PATTESON, SCOTT 1,965.85 415803 10/25/2024 DIRECT DEPOSIT PATTESON, SCOTT 750.00 415804 10/25/2024 DIRECT DEPOSIT SMITH, LEVI 2,713.59 415805 10/25/2024 DIRECT DEPOSIT STEFFEN, KURT 255.00 415805 10/25/2024 DIRECT DEPOSIT STEFFEN, KURT 5,653.92 415806 10/25/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 44.16 415806 10/25/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 2,163.92 415807 10/25/2024 DIRECT DEPOSIT BAKER, RAYMOND 20.00 415807 10/25/2024 DIRECT DEPOSIT BAKER, RAYMOND 10.00 415807 10/25/2024 DIRECT DEPOSIT BAKER, RAYMOND 3,931.71 415807 10/25/2024 DIRECT DEPOSIT BAKER, RAYMOND 250.00 415808 10/25/2024 DIRECT DEPOSIT BEARDSLEY, JOHN 2,694.45 415809 10/25/2024 DIRECT DEPOSIT BISHOP, DANIEL 260.46 415809 10/25/2024 DIRECT DEPOSIT BISHOP, DANIEL 2,344.16 415810 10/25/2024 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 125.00 415810 10/25/2024 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 2,768.14 415811 10/25/2024 DIRECT DEPOSIT CHURCH, MICHAEL 4,325.64 415812 10/25/2024 DIRECT DEPOSIT CORBETT, BRETT 1,666.74 415813 10/25/2024 DIRECT DEPOSIT CROSBY, WILLIAM 4,640.77 415814 10/25/2024 DIRECT DEPOSIT D'ANGELO, COLLEEN 2,524.49 415815 10/25/2024 DIRECT DEPOSIT DAILEY, LAWRENCE 2,891.65 415816 10/25/2024 DIRECT DEPOSIT EVERHART, MARK STEVE 4,688.62 47 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415817 10/25/2024 DIRECT DEPOSIT FONVIELLE, JARED 3,583.77 415818 10/25/2024 DIRECT DEPOSIT LIBERUS, LEON 2,829.40 415818 10/25/2024 DIRECT DEPOSIT LIBERUS, LEON 700.00 415819 10/25/2024 DIRECT DEPOSIT O'CONNELL, TIMOTHY 2,787.43 415820 10/25/2024 DIRECT DEPOSIT QUINLIVAN, STEVEN 2,248.97 415821 10/25/2024 DIRECT DEPOSIT SCHOONMAKER, JOHN 4,039.23 415822 10/25/2024 DIRECT DEPOSIT TAPPEN, AARON 2,086.34 415823 10/25/2024 DIRECT DEPOSIT THIELE, MICHAEL 684.02 415823 10/25/2024 DIRECT DEPOSIT THIELE, MICHAEL 2,736.07 415824 10/25/2024 DIRECT DEPOSIT VERNON, MICHAEL 5,953.26 415825 10/25/2024 DIRECT DEPOSIT WALLACE, ALEXANDER 3,853.32 415826 10/25/2024 DIRECT DEPOSIT WHITEHEAD, ROBERT 4,011.40 415827 10/25/2024 DIRECT DEPOSIT BARRETT, SHANE 2,108.84 415828 10/25/2024 DIRECT DEPOSIT BELCHER, WILLIAM 2,893.24 415829 10/25/2024 DIRECT DEPOSIT DEAN, MICHELLE 1,640.92 415830 10/25/2024 DIRECT DEPOSIT DELAPAZ, NORBERTO 1,735.49 415831 10/25/2024 DIRECT DEPOSIT EVANS, TONY 1,857.50 415832 10/25/2024 DIRECT DEPOSIT GLENTON, JOHN 400.00 415832 10/25/2024 DIRECT DEPOSIT GLENTON, JOHN 1,978.49 415833 10/25/2024 DIRECT DEPOSIT HARRINGTON, RICHARD 1,902.17 415834 10/25/2024 DIRECT DEPOSIT HIBBARD, TOBY 1,928.26 415835 10/25/2024 DIRECT DEPOSIT KEMP, HAROLD 350.00 415835 10/25/2024 DIRECT DEPOSIT KEMP, HAROLD 4,698.29 415836 10/25/2024 DIRECT DEPOSIT LAMPKIN, TORYANA 1,951.44 415837 10/25/2024 DIRECT DEPOSIT LAWSON, ANDREW 4,332.36 415838 10/25/2024 DIRECT DEPOSIT LYNCH, MARKEI 2,154.67 415839 10/25/2024 DIRECT DEPOSIT MORGAN, JESSE 2,895.73 415840 10/25/2024 DIRECT DEPOSIT SIMCHICK, EDWARD 2,747.97 415841 10/25/2024 DIRECT DEPOSIT SMITH, DEWAYNE 2,039.26 415842 10/25/2024 DIRECT DEPOSIT WASHBURN, DAVID 1,895.96 415843 10/25/2024 DIRECT DEPOSIT WILES, GARY 50.00 415843 10/25/2024 DIRECT DEPOSIT WILES, GARY 2,414.71 415844 10/25/2024 DIRECT DEPOSIT YARUSINSKY, SEAN 2,248.48 415845 10/25/2024 DIRECT DEPOSIT ZANCA, LEONARD 2,094.97 415846 10/25/2024 DIRECT DEPOSIT BUSH, STACEY 2,023.30 415847 10/25/2024 DIRECT DEPOSIT CARDENAS, YAIMA 1,229.91 415848 10/25/2024 DIRECT DEPOSIT MARTINEZ, SYBIA 1,202.02 415849 10/25/2024 DIRECT DEPOSIT PLOURDE, GILTON 1,811.60 415850 10/25/2024 DIRECT DEPOSIT RAMOS, ANNA 1,493.74 415851 10/25/2024 DIRECT DEPOSIT ESTRADA POSADA, MARIANA 1,144.61 415852 10/25/2024 DIRECT DEPOSIT CHINYANGANYA, SIPHIKELELO 2,008.54 415853 10/25/2024 DIRECT DEPOSIT LAMBERT, BRIANA 1,460.05 415854 10/25/2024 DIRECT DEPOSIT VALENTIN, JEYLAND 1,369.20 415855 10/25/2024 DIRECT DEPOSIT BOMMARITO, RUTH 200.00 415855 10/25/2024 DIRECT DEPOSIT BOMMARITO, RUTH 2,600.55 415856 10/25/2024 DIRECT DEPOSIT CASA, CECILIA 2,096.54 415857 10/25/2024 DIRECT DEPOSIT DANIELS, KRISTIN 3,812.66 415857 10/25/2024 DIRECT DEPOSIT DANIELS, KRISTIN 1,000.00 415858 10/25/2024 DIRECT DEPOSIT KRISS, ELISE 2,665.59 415859 10/25/2024 DIRECT DEPOSIT ZIRKLE, RHONDA 1,425.74 415860 10/25/2024 DIRECT DEPOSIT CHAREST, ERIC 70.00 415860 10/25/2024 DIRECT DEPOSIT CHAREST, ERIC 3,592.17 415861 10/25/2024 DIRECT DEPOSIT DRAWDY GLASS, SIDNEY 1,918.67 415862 10/25/2024 DIRECT DEPOSIT GUERRA, REBECA 3,070.31 48 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415863 10/25/2024 DIRECT DEPOSIT HITT, STEVEN 1,675.20 415864 10/25/2024 DIRECT DEPOSIT PAVAN, EDGAR 552.98 415864 10/25/2024 DIRECT DEPOSIT PAVAN, EDGAR 700.00 415865 10/25/2024 DIRECT DEPOSIT YANCHULA, KYLIE 3,957.12 415866 10/25/2024 DIRECT DEPOSIT ADAMS, AYESHA 1,490.36 415867 10/25/2024 DIRECT DEPOSIT CARBONELL, GUILLERMO 4,896.38 415868 10/25/2024 DIRECT DEPOSIT CARD, TABITHA 1,616.23 415868 10/25/2024 DIRECT DEPOSIT CARD, TABITHA 85.06 415869 10/25/2024 DIRECT DEPOSIT CHECCHI, DAVID 2,533.04 415870 10/25/2024 DIRECT DEPOSIT CHEER, WILLIAM 3,185.73 415871 10/25/2024 DIRECT DEPOSIT CLAYBURN, GRAHAM 3,941.63 415872 10/25/2024 DIRECT DEPOSIT CLEMENTS, COLBY 2,651.89 415873 10/25/2024 DIRECT DEPOSIT COLLINS, MICHAEL 1,992.99 415874 10/25/2024 DIRECT DEPOSIT DENNIS, PETER 2,363.60 415875 10/25/2024 DIRECT DEPOSIT DERBY, NATHAN 2,519.31 415876 10/25/2024 DIRECT DEPOSIT DOUTRICH, MICHAEL 4,558.80 415877 10/25/2024 DIRECT DEPOSIT DUNKERLEY, RICK 1,970.12 415878 10/25/2024 DIRECT DEPOSIT GILBERT, KELLY 2,403.07 415879 10/25/2024 DIRECT DEPOSIT GLOWACKI, ANDREW 1,746.16 415880 10/25/2024 DIRECT DEPOSIT GREGORY, JULIE 1,851.00 415881 10/25/2024 DIRECT DEPOSIT GUTHRIE, ASHLEY 1,433.80 415882 10/25/2024 DIRECT DEPOSIT HEATH, BRIANNA 1,167.01 415882 10/25/2024 DIRECT DEPOSIT HEATH, BRIANNA 50.00 415883 10/25/2024 DIRECT DEPOSIT HEFFNER, SCOTT 3,448.52 415884 10/25/2024 DIRECT DEPOSIT INMAN, DANIEL 3,132.16 415885 10/25/2024 DIRECT DEPOSIT LUNDEEN, ERIKA 4,644.19 415886 10/25/2024 DIRECT DEPOSIT MARINO, APRIL 3,197.63 415887 10/25/2024 DIRECT DEPOSIT MCADAM, SCOTT 5,736.36 415888 10/25/2024 DIRECT DEPOSIT MCFARLAND, RODNEY 1,249.87 415889 10/25/2024 DIRECT DEPOSIT MORRIS, RUSSELL 3,141.33 415890 10/25/2024 DIRECT DEPOSIT MOSSMAN, RAYMOND 3,551.72 415891 10/25/2024 DIRECT DEPOSIT NEWMAN, KATHARINE 1,409.11 415892 10/25/2024 DIRECT DEPOSIT ORCEAN, KEYETTA 2,071.39 415893 10/25/2024 DIRECT DEPOSIT PEREZ, MARELYN 2,045.53 415894 10/25/2024 DIRECT DEPOSIT RAMOS, NICOLAS 3,191.24 415895 10/25/2024 DIRECT DEPOSIT REEVES, CANDICE 2,237.40 415896 10/25/2024 DIRECT DEPOSIT SHAW, EVA 1,576.95 415897 10/25/2024 DIRECT DEPOSIT SHOFF, TODD 2,912.07 415898 10/25/2024 DIRECT DEPOSIT SMITH, ROBERT 3,124.40 415899 10/25/2024 DIRECT DEPOSIT VALENCIA, ALBA 3,222.78 415900 10/25/2024 DIRECT DEPOSIT ACKISON, NICHOLAS 1,820.71 415901 10/25/2024 DIRECT DEPOSIT ALEXANDER, HEATHER 1,761.39 415902 10/25/2024 DIRECT DEPOSIT BEAVERS, BRYAN 2,773.13 415903 10/25/2024 DIRECT DEPOSIT BERTON, SOLOMON 1,887.51 415904 10/25/2024 DIRECT DEPOSIT CARPENTER, PATRIC 1,941.60 415905 10/25/2024 DIRECT DEPOSIT EDDINGER, RODNEY 3,303.61 415906 10/25/2024 DIRECT DEPOSIT GORE, EDWIN 2,596.99 415907 10/25/2024 DIRECT DEPOSIT HANSEN, SUZI 200.00 415907 10/25/2024 DIRECT DEPOSIT HANSEN, SUZI 200.00 415907 10/25/2024 DIRECT DEPOSIT HANSEN, SUZI 1,263.15 415908 10/25/2024 DIRECT DEPOSIT HAWKINS, NICHOLAS 3,136.44 415909 10/25/2024 DIRECT DEPOSIT LIESKE, SEAN 6,572.41 415910 10/25/2024 DIRECT DEPOSIT MECKES, RICHARD 4,947.16 415911 10/25/2024 DIRECT DEPOSIT RICHARDS, HOWARD 4,376.27 49 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415912 10/25/2024 DIRECT DEPOSIT ROLAND, JESSE 2,024.36 415913 10/25/2024 DIRECT DEPOSIT SHATARA, JIHAD 2,377.75 415914 10/25/2024 DIRECT DEPOSIT SMITH, MICHAEL 2,091.78 415915 10/25/2024 DIRECT DEPOSIT TOBAR, ROBERT 80.35 415915 10/25/2024 DIRECT DEPOSIT TOBAR, ROBERT 2,215.46 415916 10/25/2024 DIRECT DEPOSIT TYRPAK, CHRISTINA 1,543.11 415917 10/25/2024 DIRECT DEPOSIT VEGA, JOSE 2,344.45 415918 10/25/2024 DIRECT DEPOSIT YOUNGBLOOD, HARRISON 3,532.55 415919 10/25/2024 DIRECT DEPOSIT BUNNELL, JEFFREY 404.57 415920 10/25/2024 DIRECT DEPOSIT CAPPUCCIO, PATRICIA 162.44 415921 10/25/2024 DIRECT DEPOSIT CARR, DONALD 277.66 415922 10/25/2024 DIRECT DEPOSIT CLARK, JONATHAN 1,491.39 415923 10/25/2024 DIRECT DEPOSIT CONROY, JAMES 410.14 415924 10/25/2024 DIRECT DEPOSIT DONOVAN, JAMES 118.15 415925 10/25/2024 DIRECT DEPOSIT EMERY, HENRY 519.83 415926 10/25/2024 DIRECT DEPOSIT FAIRBANK, STEVEN 309.47 415927 10/25/2024 DIRECT DEPOSIT GOSSELIN, MARC 512.27 415928 10/25/2024 DIRECT DEPOSIT GRIGSBY, JAMES 641.65 415929 10/25/2024 DIRECT DEPOSIT HEDGECOCK, KENDALL 1,452.73 415930 10/25/2024 DIRECT DEPOSIT HOOT, CHARLES 586.30 415931 10/25/2024 DIRECT DEPOSIT KENNEDY, PATRICK 701.29 415932 10/25/2024 DIRECT DEPOSIT KLERLEIN, PAUL 1,288.45 415933 10/25/2024 DIRECT DEPOSIT MAHONEY, FRANCIS 424.40 415934 10/25/2024 DIRECT DEPOSIT MAXFIELD, DONALD 410.73 415935 10/25/2024 DIRECT DEPOSIT MCMANUS, HERBERT 620.96 415936 10/25/2024 DIRECT DEPOSIT NAGY, BELA 3,464.86 415937 10/25/2024 DIRECT DEPOSIT NORRMAN, ROY 341.90 415938 10/25/2024 DIRECT DEPOSIT PINE, MARK 637.41 415939 10/25/2024 DIRECT DEPOSIT REGAN, JAMES 376.50 415940 10/25/2024 DIRECT DEPOSIT SMITH, DONALD 355.61 415941 10/25/2024 DIRECT DEPOSIT TOOF, BRIAN 755.68 415942 10/25/2024 DIRECT DEPOSIT TYNER, JAMES 346.23 415943 10/25/2024 DIRECT DEPOSIT WINDLAN, MATTHEW 372.74 415944 10/25/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 15.00 415944 10/25/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 4,723.54 415944 10/25/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 300.00 415945 10/25/2024 DIRECT DEPOSIT BALSAMO, THOMAS 1,625.00 415945 10/25/2024 DIRECT DEPOSIT BALSAMO, THOMAS 625.79 415946 10/25/2024 DIRECT DEPOSIT BETHEL, MICHAEL 2,040.31 415947 10/25/2024 DIRECT DEPOSIT DIETRICH, ERIC 2,112.21 415948 10/25/2024 DIRECT DEPOSIT DIXON, CRESHENA 2,313.11 415949 10/25/2024 DIRECT DEPOSIT GLASS, ZACHARY 2,488.92 415950 10/25/2024 DIRECT DEPOSIT HAMBERGER, DAREN 2,223.11 415951 10/25/2024 DIRECT DEPOSIT HEGI, PAULA 1,529.32 415952 10/25/2024 DIRECT DEPOSIT HISH, ANDREW 3,043.97 415953 10/25/2024 DIRECT DEPOSIT JOHNSON, SCOTT 3,653.81 415954 10/25/2024 DIRECT DEPOSIT MALDONADO, JASSON 1,823.85 415954 10/25/2024 DIRECT DEPOSIT MALDONADO, JASSON 170.00 415955 10/25/2024 DIRECT DEPOSIT MCGRADY, MICHAEL 2,581.11 415956 10/25/2024 DIRECT DEPOSIT MILLER, RACHEAL 703.91 415956 10/25/2024 DIRECT DEPOSIT MILLER, RACHEAL 1,900.00 415957 10/25/2024 DIRECT DEPOSIT PORTWOOD, ZACHARY 4,412.54 415958 10/25/2024 DIRECT DEPOSIT SCHULENBURG, KAI 1,402.36 415959 10/25/2024 DIRECT DEPOSIT TRUMBLE, JEREMY 2,704.00 50 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 415960 10/25/2024 DIRECT DEPOSIT VARGAS, JONATHAN 2,580.46 415961 10/25/2024 DIRECT DEPOSIT WILLIAMS, ADAM 2,722.48 415962 10/25/2024 DIRECT DEPOSIT BAKER, RANDY 2,719.72 415963 10/25/2024 DIRECT DEPOSIT DEMERS, ZACHARY 2,155.30 415964 10/25/2024 DIRECT DEPOSIT LEVER, EDWARD 2,317.18 415965 10/25/2024 DIRECT DEPOSIT MILLER, ROBERT LEO 2,677.04 415966 10/25/2024 DIRECT DEPOSIT NOE, REYLIND 1,593.60 415967 10/25/2024 DIRECT DEPOSIT REDMOND, LAWRENCE 1,670.86 415968 10/25/2024 DIRECT DEPOSIT STILLWAGGON, ROBERT 1,733.14 415969 10/25/2024 DIRECT DEPOSIT CLARK, LUANNE 40.00 415969 10/25/2024 DIRECT DEPOSIT CLARK, LUANNE 1,948.44 415970 10/25/2024 DIRECT DEPOSIT JAVED, ADNAN 100.00 415970 10/25/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 415970 10/25/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 415970 10/25/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 415970 10/25/2024 DIRECT DEPOSIT JAVED, ADNAN 5,014.06 415970 10/25/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 415971 10/25/2024 DIRECT DEPOSIT BOWDREN, MARIA 350.00 415971 10/25/2024 DIRECT DEPOSIT BOWDREN, MARIA 1,423.77 415972 10/25/2024 DIRECT DEPOSIT BREEN, KRISTEN 1,403.02 415973 10/25/2024 DIRECT DEPOSIT CUNDIFF, KARI 2,586.59 415974 10/25/2024 DIRECT DEPOSIT EANES, MICAH 1,881.09 415975 10/25/2024 DIRECT DEPOSIT GUYNN, ROBERT 2,657.51 415976 10/25/2024 DIRECT DEPOSIT HAMILTON, DUANE 2,276.84 415977 10/25/2024 DIRECT DEPOSIT HANSEN, KEVIN 3,258.19 415978 10/25/2024 DIRECT DEPOSIT HATALA, BROCK 2,552.13 415979 10/25/2024 DIRECT DEPOSIT HINEBAUGH, CODY 1,924.13 415980 10/25/2024 DIRECT DEPOSIT HULLEN, DANIEL 2,330.34 415981 10/25/2024 DIRECT DEPOSIT INGLETT, REGINALD 2,109.03 415982 10/25/2024 DIRECT DEPOSIT KEITH, DONALD 2,279.45 415982 10/25/2024 DIRECT DEPOSIT KEITH, DONALD 350.00 415983 10/25/2024 DIRECT DEPOSIT LEIENDECKER, KIRSTIN 6,765.13 415984 10/25/2024 DIRECT DEPOSIT MASON, STACIE 2,179.07 415985 10/25/2024 DIRECT DEPOSIT MATHIS, RICHARD 550.00 415985 10/25/2024 DIRECT DEPOSIT MATHIS, RICHARD 2,010.90 415986 10/25/2024 DIRECT DEPOSIT MOORE, JEREMY 1,604.38 415987 10/25/2024 DIRECT DEPOSIT MOWER, BRADLEY 1,990.16 415988 10/25/2024 DIRECT DEPOSIT REICHENBACH, RICHARD 3,435.26 415989 10/25/2024 DIRECT DEPOSIT RILEY, MARK 2,199.74 415990 10/25/2024 DIRECT DEPOSIT ROBERTSON, CRAIG 1,327.60 415991 10/25/2024 DIRECT DEPOSIT SABOT, DENISE 1,301.58 415992 10/25/2024 DIRECT DEPOSIT SCHRYVER, DAVID 3,939.30 415993 10/25/2024 DIRECT DEPOSIT SILON, DAVID 3,552.24 415994 10/25/2024 DIRECT DEPOSIT SKOK, ROBERT 3,369.90 415995 10/25/2024 DIRECT DEPOSIT SMITH, WENDY 3,217.57 415996 10/25/2024 DIRECT DEPOSIT SNYDER, CHELSEA 1,769.73 415997 10/25/2024 DIRECT DEPOSIT SOYKA, MATTHEW 3,661.24 415998 10/25/2024 DIRECT DEPOSIT STANTON, JOHN 2,118.13 415999 10/25/2024 DIRECT DEPOSIT STIFFEN, EDWARD 200.00 415999 10/25/2024 DIRECT DEPOSIT STIFFEN, EDWARD 50.00 415999 10/25/2024 DIRECT DEPOSIT STIFFEN, EDWARD 2,488.72 416000 10/25/2024 DIRECT DEPOSIT THOMPSON, STEVEN 1,238.76 416001 10/25/2024 DIRECT DEPOSIT WILLIAMS, JILL 44.81 416001 10/25/2024 DIRECT DEPOSIT WILLIAMS, JILL 2,195.69 51 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416002 10/25/2024 DIRECT DEPOSIT WINSLOW, MARK 4,026.37 416003 10/25/2024 DIRECT DEPOSIT FLORES, CARLOS 3,589.54 416004 10/25/2024 DIRECT DEPOSIT HELTEMES, ADAM 4,101.88 416005 10/25/2024 DIRECT DEPOSIT BLUME, JEFFREY 1,703.78 416006 10/25/2024 DIRECT DEPOSIT BURGESS, TIMOTHY 3,634.17 416007 10/25/2024 DIRECT DEPOSIT CAIN, BRANDON 2,479.44 416008 10/25/2024 DIRECT DEPOSIT DEMOSTHENE, ARIEVE 4,177.46 416009 10/25/2024 DIRECT DEPOSIT EHRHARDT, SARAH 1,971.63 416010 10/25/2024 DIRECT DEPOSIT FERGUSON, ERIK 5,568.61 416011 10/25/2024 DIRECT DEPOSIT GUENTHER, KEVIN 2,613.60 416012 10/25/2024 DIRECT DEPOSIT HALE, DANIEL 800.00 416012 10/25/2024 DIRECT DEPOSIT HALE, DANIEL 1,310.30 416013 10/25/2024 DIRECT DEPOSIT HOFFMAN, CHRISTOPHER 2,002.20 416014 10/25/2024 DIRECT DEPOSIT LYNCH, JENESA 1,847.92 416015 10/25/2024 DIRECT DEPOSIT MARRONE, JOSEPH 95.64 416015 10/25/2024 DIRECT DEPOSIT MARRONE, JOSEPH 2,867.79 416016 10/25/2024 DIRECT DEPOSIT MICHAEL, ANDREW 600.00 416016 10/25/2024 DIRECT DEPOSIT MICHAEL, ANDREW 2,693.37 416017 10/25/2024 DIRECT DEPOSIT NIELSEN, RONALD 1,563.03 416018 10/25/2024 DIRECT DEPOSIT RATLIFF, JENNIFER 1,932.65 416019 10/25/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN SO.00 416019 10/25/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN 3,475.65 416020 10/25/2024 DIRECT DEPOSIT SUGDEN, CHRIS 450.00 416020 10/25/2024 DIRECT DEPOSIT SUGDEN, CHRIS 1,733.84 416021 10/25/2024 DIRECT DEPOSIT WHEATLEY, DAVID 1,584.98 416021 10/25/2024 DIRECT DEPOSIT WHEATLEY, DAVID 1,584.98 416022 10/25/2024 DIRECT DEPOSIT WHITTINGTON, MICHAEL 3,038.52 416023 10/25/2024 DIRECT DEPOSIT ZAYATZ, DAVID 2,074.58 416024 10/25/2024 DIRECT DEPOSIT LEY, JUDY 300.00 416024 10/25/2024 DIRECT DEPOSIT LEY, JUDY 1,322.78 416025 10/25/2024 DIRECT DEPOSIT STANTON, CYNTHIA 3,254.58 416026 10/25/2024 DIRECT DEPOSIT SECHEN, ANDREW 1,734.92 416027 10/25/2024 DIRECT DEPOSIT BOHANNON, FAITH 2,532.14 416028 10/25/2024 DIRECT DEPOSIT CONNELL, KYLE 1,467.05 416029 10/25/2024 DIRECT DEPOSIT DIXON, GERALD 3,468.14 416030 10/25/2024 DIRECT DEPOSIT HUMMEL, ERIC 2,766.27 416031 10/25/2024 DIRECT DEPOSIT LARAMIE, BRIANNA 1,949.94 416032 10/25/2024 DIRECT DEPOSIT MEAD, DERIC 2,731.61 416033 10/25/2024 DIRECT DEPOSIT OGILVIE, JASON 2,763.80 416034 10/25/2024 DIRECT DEPOSIT RIMES, BRIAN 2,635.52 416035 10/25/2024 DIRECT DEPOSIT WEST, JEFFREY 3,480.90 416036 10/25/2024 DIRECT DEPOSIT BARRETT, BRENDA 758.59 416037 10/25/2024 DIRECT DEPOSIT KELLEHER, LYNNE 1,165.95 416038 10/25/2024 DIRECT DEPOSIT LOBO, EDWINA 565.90 416039 10/25/2024 DIRECT DEPOSIT BROWN, JILL 1,091.16 416040 10/25/2024 DIRECT DEPOSIT FLAK, SUSAN 2,225.29 416041 10/25/2024 DIRECT DEPOSIT ALEXA, MICHELE 1,997.58 416042 10/25/2024 DIRECT DEPOSIT BLAKE, SYDNEY 1,196.13 416043 10/25/2024 DIRECT DEPOSIT BROWN, JAMEKA 996.85 416044 10/25/2024 DIRECT DEPOSIT CHAMBERS, JASON 1,406.66 416045 10/25/2024 DIRECT DEPOSIT DEVITIS, CRISTI 1,298.70 416046 10/25/2024 DIRECT DEPOSIT FISHER, GEORGE 2,334.09 416047 10/25/2024 DIRECT DEPOSIT GAGNON, SHAWN 3,220.12 416048 10/25/2024 DIRECT DEPOSIT GIBSON, JAMES 100.00 52 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416048 10/25/2024 DIRECT DEPOSIT GIBSON, JAMES 1,691.93 416049 10/25/2024 DIRECT DEPOSIT GILMER, THOMAS 1,958.37 416050 10/25/2024 DIRECT DEPOSIT GOMEZ MORENO, DIANA 250.00 416050 10/25/2024 DIRECT DEPOSIT GOMEZ MORENO, DIANA 1,085.86 416051 10/25/2024 DIRECT DEPOSIT HERRON, LAURA 1,211.53 416052 10/25/2024 DIRECT DEPOSIT HOUSING, ERICA 1,486.60 416053 10/25/2024 DIRECT DEPOSIT HUDSON, ANDREA 1,176.15 416054 10/25/2024 DIRECT DEPOSIT JOHNSON, BENJAMIN 2,077.83 416055 10/25/2024 DIRECT DEPOSIT KNIEF, MARK 1,952.44 416056 10/25/2024 DIRECT DEPOSIT LLOYD, HEATHER 1,927.42 416057 10/25/2024 DIRECT DEPOSIT MACKEY, MISTY 1,281.37 416058 10/25/2024 DIRECT DEPOSIT MARTIN, ANGELA 1,271.44 416059 10/25/2024 DIRECT DEPOSIT MROTZ, LOUONNIE 2,096.63 416060 10/25/2024 DIRECT DEPOSIT NOVAK, TRISTAN 1,259.28 416061 10/25/2024 DIRECT DEPOSIT O'CONNOR, SHANNON 1,099.55 416062 10/25/2024 DIRECT DEPOSIT PATTON, LISA 2,230.61 416063 10/25/2024 DIRECT DEPOSIT PECHENIK, DEBRA 557.11 416064 10/25/2024 DIRECT DEPOSIT PERGOLA, ANITA 1,361.41 416065 10/25/2024 DIRECT DEPOSIT QUINTERO, IVELISSE 1,260.57 416066 10/25/2024 DIRECT DEPOSIT ROBERTS, BRADLEY 2,307.56 416067 10/25/2024 DIRECT DEPOSIT SANTISO, DANIEL 273.80 416067 10/25/2024 DIRECT DEPOSIT SANTISO, DANIEL 1,300.00 416068 10/25/2024 DIRECT DEPOSIT SCHERF, CHARLENE 1,536.29 416069 10/25/2024 DIRECT DEPOSIT SCHRUM, MARYELLEN 1,440.47 416069 10/25/2024 DIRECT DEPOSIT SCHRUM, MARYELLEN 80.00 416070 10/25/2024 DIRECT DEPOSIT SMITH, SHELLIE 650.00 416070 10/25/2024 DIRECT DEPOSIT SMITH, SHELLIE 1,119.58 416071 10/25/2024 DIRECT DEPOSIT SOVINE, CARL 2,032.37 416072 10/25/2024 DIRECT DEPOSIT SPOFFORD, JANET 90.24 416073 10/25/2024 DIRECT DEPOSIT AUSTIN, KENNETH 3,332.24 416074 10/25/2024 DIRECT DEPOSIT BRADDY, MARTY 50.00 416074 10/25/2024 DIRECT DEPOSIT BRADDY, MARTY 4,928.74 416075 10/25/2024 DIRECT DEPOSIT COLVIN, THOMAS 5,388.95 416076 10/25/2024 DIRECT DEPOSIT COMPTON, THOMAS 2,551.43 416076 10/25/2024 DIRECT DEPOSIT COMPTON, THOMAS 283.49 416077 10/25/2024 DIRECT DEPOSIT DAWKINS, PHILLIP 2,703.85 416078 10/25/2024 DIRECT DEPOSIT DEPINHO, CHARLES 7,654.32 416079 10/25/2024 DIRECT DEPOSIT FLOOD, STEPHEN 4,486.31 416080 10/25/2024 DIRECT DEPOSIT FORBES, TENNYSON 3,817.86 416081 10/25/2024 DIRECT DEPOSIT FORMAN, SHANE 2,633.29 416082 10/25/2024 DIRECT DEPOSIT FRISBY, CHRISTOPHER 3,004.49 416083 10/25/2024 DIRECT DEPOSIT FULLER, STEVEN 3,218.55 416084 10/25/2024 DIRECT DEPOSIT JORDAN, SHAWN 4,037.31 416085 10/25/2024 DIRECT DEPOSIT KISSELBACK, JOSEPH 2,569.58 416086 10/25/2024 DIRECT DEPOSIT MCINTOSH, CHARLIE 2,570.63 416087 10/25/2024 DIRECT DEPOSIT SANTAMARIA, JEFFREY 2,381.91 416088 10/25/2024 DIRECT DEPOSIT SAWYER, CRAIG 95.12 416088 10/25/2024 DIRECT DEPOSIT SAWYER, CRAIG 4,786.88 416089 10/25/2024 DIRECT DEPOSIT STAMBAUGH, JOHNNY 300.00 416089 10/25/2024 DIRECT DEPOSIT STAMBAUGH, JOHNNY 4,807.01 416090 10/25/2024 DIRECT DEPOSIT WAGNER, DANIEL 2,846.05 416091 10/25/2024 DIRECT DEPOSIT WEBB, ROBERT 2,603.35 416092 10/25/2024 DIRECT DEPOSIT YOUNG, GERALD 800.00 416092 10/25/2024 DIRECT DEPOSIT YOUNG, GERALD 3,477.25 53 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416093 10/25/2024 DIRECT DEPOSIT ACUNA, SHAYNE 2,099.55 416094 10/25/2024 DIRECT DEPOSIT ADRIANCE, TIMOTHY 3,176.07 416095 10/25/2024 DIRECT DEPOSIT BACON, VAN 1,924.59 416095 10/25/2024 DIRECT DEPOSIT BACON, VAN 412.41 416095 10/25/2024 DIRECT DEPOSIT BACON, VAN 412.42 416096 10/25/2024 DIRECT DEPOSIT BARDWELL, TIMONTRAYE 1,841.91 416097 10/25/2024 DIRECT DEPOSIT BESANCON, MARK 100.00 416097 10/25/2024 DIRECT DEPOSIT BESANCON, MARK 2,521.68 416098 10/25/2024 DIRECT DEPOSIT BOWEN, CHAD 2,101.95 416099 10/25/2024 DIRECT DEPOSIT FOLEY, SHANE 1,915.64 416100 10/25/2024 DIRECT DEPOSIT FREEMAN, KEITH 1,653.14 416101 10/25/2024 DIRECT DEPOSIT GOLFE, GREGORY 1,713.76 416101 10/25/2024 DIRECT DEPOSIT GOLFE, GREGORY 100.00 416102 10/25/2024 DIRECT DEPOSIT HAMLETT, ROBERT 1,349.66 416103 10/25/2024 DIRECT DEPOSIT HANSON, CHRISTOPHER 5,811.68 416104 10/25/2024 DIRECT DEPOSIT HAWKINS, DUKE 4,364.36 416105 10/25/2024 DIRECT DEPOSIT HENRY, MARQUEZ 1,679.52 416106 10/25/2024 DIRECT DEPOSIT KIVENAS, ZACHARY 1,948.36 416107 10/25/2024 DIRECT DEPOSIT LEE, TERRENCE 3,760.01 416108 10/25/2024 DIRECT DEPOSIT LONGACRE, KENNETH 3,298.74 416109 10/25/2024 DIRECT DEPOSIT MCGRATH, WILLIAM 1,994.74 416110 10/25/2024 DIRECT DEPOSIT MOTT, KODY 2,044.97 416111 10/25/2024 DIRECT DEPOSIT MUNRO, LUCAS 2,028.77 416112 10/25/2024 DIRECT DEPOSIT PAGAN, DYLAN 1,843.07 416113 10/25/2024 DIRECT DEPOSIT SHARPE, JAMES 1,731.77 416114 10/25/2024 DIRECT DEPOSIT STANTON, KASSI 1,509.01 416115 10/25/2024 DIRECT DEPOSIT TATUM, ROYCE 1,526.67 416116 10/25/2024 DIRECT DEPOSIT WILLIS, EDDRICK 3,079.55 416117 10/25/2024 DIRECT DEPOSIT ZIMEI, BENJAMIN 3,257.37 416118 10/25/2024 DIRECT DEPOSIT BLANCO PEREZ, YULIEN 1,811.32 416119 10/25/2024 DIRECT DEPOSIT CHAMPAGNE, SAMUEL 1,646.37 416120 10/25/2024 DIRECT DEPOSIT EVANS, AUSTIN 1,490.74 416121 10/25/2024 DIRECT DEPOSIT HOVEY, STORM 1,354.51 416122 10/25/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 1,153.16 416122 10/25/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 567.97 416123 10/25/2024 DIRECT DEPOSIT PERALTA, ALEXIS 2,140.10 416124 10/25/2024 DIRECT DEPOSIT TARDIF, TODD 2,208.68 416125 10/25/2024 DIRECT DEPOSIT THORNE, MICHAEL 550.00 416125 10/25/2024 DIRECT DEPOSIT THORNE, MICHAEL 200.00 416125 10/25/2024 DIRECT DEPOSIT THORNE, MICHAEL 1,296.75 416126 10/25/2024 DIRECT DEPOSIT YONKERS, LAURA 3,437.52 416127 10/25/2024 DIRECT DEPOSIT AUGUSTE, JEHU 2,376.10 416128 10/25/2024 DIRECT DEPOSIT LESTER, JEROME 1,784.75 416129 10/25/2024 DIRECT DEPOSIT MCINTYRE- MEISENBURG, MELISSA 2,143.73 416130 10/25/2024 DIRECT DEPOSIT WAPPES, SARA 1,833.49 416131 10/25/2024 DIRECT DEPOSIT GLITZ, WILLIAM 43.63 416132 10/25/2024 DIRECT DEPOSIT O'NEILL, BRANDON 41.46 416132 10/25/2024 DIRECT DEPOSIT O'NEILL, BRANDON 41.46 416133 10/25/2024 DIRECT DEPOSIT LOCY, EMILY 81.89 416134 10/25/2024 DIRECT DEPOSIT BENSON, SHAWN 41.17 416135 10/25/2024 DIRECT DEPOSIT COX, BRANDON 68.62 416136 10/25/2024 DIRECT DEPOSIT DUNHAM, TREVOR 42.25 416137 10/25/2024 DIRECT DEPOSIT HEFFNER, KEITH 27.66 416138 10/25/2024 DIRECT DEPOSIT MALDONADO, ELI 13.72 54 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416139 10/25/2024 DIRECT DEPOSIT SIRILLA, JOSEPH 27.66 416140 10/25/2024 DIRECT DEPOSIT SMITH, MICHAEL 27.24 416141 10/25/2024 DIRECT DEPOSIT TALARICO, FRANK 40.74 416142 10/25/2024 DIRECT DEPOSIT VACCARO, MICHAEL 41.18 416143 10/25/2024 DIRECT DEPOSIT BARTEE, JAMES 112.51 416144 10/25/2024 DIRECT DEPOSIT JEFFERSON, LORENZO 992.39 416145 10/25/2024 DIRECT DEPOSIT MIEHLE, DANIEL 117.08 416146 10/25/2024 DIRECT DEPOSIT BERGINC, CHARLES 119.22 416147 10/25/2024 DIRECT DEPOSIT PEABODY, BRENT 637.55 416148 10/25/2024 DIRECT DEPOSIT WARD, HERSHEL 233.02 416149 10/25/2024 DIRECT DEPOSIT PERSON, ANTOWAIN 597.41 416150 10/25/2024 DIRECT DEPOSIT NIELSEN, RONALD 167.74 416151 10/25/2024 DIRECT DEPOSIT DIXON, GERALD 371.61 416152 10/25/2024 DIRECT DEPOSIT HUMMEL, ERIC 966.79 416153 10/25/2024 DIRECT DEPOSIT MEAD, DERIC 223.86 416154 10/25/2024 DIRECT DEPOSIT RIMES, BRIAN 142.64 416155 10/25/2024 DIRECT DEPOSIT WEST, JEFFREY 1,707.04 416156 10/25/2024 DIRECT DEPOSIT WEBB, ROBERT 447.56 416157 10/25/2024 DIRECT DEPOSIT MOTT, KODY 293.03 416158 10/25/2024 DIRECT DEPOSIT ZIMEI, BENJAMIN 557.97 768323 10/25/2024 PRINTED MATTHES, LAURA M. 2712.87 768323 10/25/2024 PRINTED MATTHES, LAURA M. 2712.87 768324 10/25/2024 PRINTED FLECK, KELANI E. 610.49 768324 10/25/2024 PRINTED FLECK, KELANI E. 610.49 768325 10/25/2024 PRINTED SMITH, DAVID C. 125.57 768325 10/25/2024 PRINTED SMITH, DAVID C. 125.57 768326 10/25/2024 PRINTED WILLIAMS, SOPHIA E. 480.30 768326 10/25/2024 PRINTED WILLIAMS, SOPHIA E. 480.3 768327 10/25/2024 PRINTED ANGOTTI, JEFFREY M. 414.48 768327 10/25/2024 PRINTED ANGOTTI, JEFFREY M. 414.48 768328 10/25/2024 PRINTED BICKFORD, CLAUDIA J. 1985.00 768328 10/25/2024 PRINTED BICKFORD, CLAUDIA J. 1985 768329 10/25/2024 PRINTED MINCHEVA, TSVETELINA S. 808.57 768329 10/25/2024 PRINTED MINCHEVA, TSVETELINA S. 808.57 768330 10/25/2024 PRINTED WALKER, RODERICK D. 1837.24 768330 10/25/2024 PRINTED WALKER, RODERICK D. 1837.24 768331 10/25/2024 PRINTED HALLOWELL, MICHAEL A. 454.00 768331 10/25/2024 PRINTED HALLOWELL, MICHAEL A. 454.00 768332 10/25/2024 PRINTED RIVIERE, AMBER D. 3247.26 768332 10/25/2024 PRINTED RIVIERE, AMBER D. 3247.26 768333 10/25/2024 DIRECT DEPOSIT BELL, CRAIG 400.00 768333 10/25/2024 PRINTED BELL, CRAIG L. 1896.17 768333 10/25/2024 PRINTED BELL, CRAIG L. 1896.17 768334 10/25/2024 PRINTED GUERTLER, KEVIN M. 1291.39 768334 10/25/2024 PRINTED GUERTLER, KEVIN M. 1291.39 768335 10/25/2024 DIRECT DEPOSIT GIBSON, KEVIN 125.00 768335 10/25/2024 PRINTED GIBSON, KEVIN S. 5467.59 768335 10/25/2024 PRINTED GIBSON, KEVIN S. 5467.59 768336 10/25/2024 DIRECT DEPOSIT HORNE, BRIAN 1,650.00 768336 10/25/2024 DIRECT DEPOSIT HORNE, BRIAN 25.00 768336 10/25/2024 PRINTED HORNE, BRIAN K. 4144.97 768336 10/25/2024 PRINTED HORNE, BRIAN K. 4144.97 768337 10/25/2024 PRINTED MEDECKE, JULIE A. 1417.71 768337 10/25/2024 PRINTED MEDECKE, JULIE A. 1417.71 r CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 768338 10/25/2024 PRINTED PAYNE, GEORGE H. 3267.98 768338 10/25/2024 PRINTED PAYNE, GEORGE H. 3267.98 768339 10/25/2024 DIRECT DEPOSIT BARKWELL, MICHAEL 25.00 768339 10/25/2024 PRINTED BARKWELL, MICHAEL C. 2465.02 768339 10/25/2024 PRINTED BARKWELL, MICHAEL C. 2465.02 2299 10/24/2024 PRINTED DEBORAH ROWE 431.00 55863 10/21/2024 PRINTED UMIAMI MEDICINE - PATHOLOGY 9.80 55864 10/21/2024 PRINTED VERO ORTHOPAEDICS II PA 216.00 55865 10/21/2024 PRINTED HEALTHESYSTEMS LLC 97.49 55865 10/21/2024 PRINTED HEALTHESYSTEMS LLC 58.33 55865 10/21/2024 PRINTED HEALTHESYSTEMS LLC 54.24 55865 10/21/2024 PRINTED HEALTHESYSTEMS LLC 590.80 55865 10/21/2024 PRINTED HEALTHESYSTEMS LLC 64.27 55866 10/21/2024 PRINTED HEALTH FIRST MEDICAL GROUP 500.00 55867 10/21/2024 PRINTED JAMES BETANCOURT 208.28 55868 10/21/2024 PRINTED MINDY MANGEL 4488.80 55869 10/22/2024 PRINTED VERO ORTHOPAEDICS 11 PA 112.50 55870 10/22/2024 PRINTED CLEVELAND CLINIC INDIAN RIVER HOSPITAL 947.96 55871 10/22/2024 PRINTED HMA-SOLANTIC JOINT VENTURE LLC 72.47 55872 10/22/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 168.27 55873 10/22/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 104.13 55874 10/22/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 135.78 55875 10/22/2024 PRINTED VERO ORTHOPAEDICS II PA 50.00 55876 10/22/2024 PRINTED BRIAN BESAW 41.39 55877 10/22/2024 PRINTED JOHN GLENTON 731.65 55878 10/23/2024 PRINTED CLARITY DX, INC. 385.60 55879 10/23/2024 PRINTED VERO ORTHOPAEDICS II PA 108.00 55880 10/23/2024 PRINTED VERO ORTHOPAEDICS 11 PA 112.50 55881 10/23/2024 PRINTED RONALD D. ADAMSON JR 1061.26 55882 10/24/2024 PRINTED CLARITY DX, INC. 434.40 55883 10/24/2024 PRINTED FOURSTONE HEALTH LLC 375.00 55884 10/24/2024 PRINTED MD NOW 82.65 55885 10/24/2024 PRINTED THE ADVANCED CENTER FOR SURGERY 18584.72 55886 10/24/2024 PRINTED UMIAMI MEDICINE - PATHOLOGY 58.80 55887 10/24/2024 PRINTED UMIAMI MEDICINE - PATHOLOGY 27.44 55888 10/24/2024 PRINTED HEALTHESYSTEMS LLC 65.00 55889 10/24/2024 PRINTED KAYLA MERICLE 789.86 55890 10/25/2024 PRINTED GILFORD SOUND EMERG PHYS, LLC 73.15 55891 10/25/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 72.47 55892 10/25/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 72.47 55893 10/25/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 941.50 55893 10/25/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 390.50 55893 10/25/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 1077.50 55893 10/25/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 182.00 55893 10/25/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 1261.50 55893 10/25/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 60.00 55893 10/25/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 871.50 55894 10/25/2024 PRINTED BRUCE WEIMANN 1795.50 55895 10/25/2024 PRINTED MRO CORPORATION 198.53 55896 10/25/2024 PRINTED MARCUS MALONE MD 75.00 8,705,375.74 Ir 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: November 1, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS October 26, 2024 to November 1, 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 26, 2024 to November 1, 2024. Included in the list for approval are additional checks dated October 25, 2024 that were excluded from previous lists. 57 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 768340 10/25/2024 PRINTED GLITZ, WILLIAM A. 118.68 768341 10/25/2024 PRINTED LOCY, EMILY J. 65.47 768342 10/25/2024 PRINTED COX, BRANDON W. 143.68 768343 10/25/2024 PRINTED BARTEE, JAMES I. 366.72 768344 10/25/2024 PRINTED CASAS, RAYJ. 379.13 768345 10/25/2024 PRINTED JEFFERSON, LORENZO 593.42 768346 10/25/2024 PRINTED MIEHLE, DANIEL J. 425.27 768347 10/25/2024 PRINTED BERGINC, CHARLES G., JR 537.2 768348 10/25/2024 PRINTED WARD, HERSHEL C. 605.46 768349 10/25/2024 PRINTED BLUME, JEFFREY M. 443.26 768350 10/25/2024 PRINTED NIELSEN, RONALD F. 519.98 768351 10/25/2024 PRINTED WEBB, ROBERT E. 787.17 768352 10/25/2024 PRINTED MOTT, KODY A. 323.05 768353 10/25/2024 PRINTED ZIMEI, BENJAMIN J., III 7653.15 12394 10/28/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 615.42 12395 10/28/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 890.62 12396 10/28/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 962.15 12397 10/28/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 348.00 12398 10/28/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 97.32 12399 10/28/2024 WIRE IRS -PAYROLL TAXES 3,766.98 12400 10/28/2024 WIRE IRS -PAYROLL TAXES 887,815.07 12401 10/28/2024 WIRE LINCOLN RETIREMENT 123,627.52 12402 10/28/2024 WIRE FL SDU 3,163.51 12403 10/29/2024 WIRE CLERK OF CIRCUIT COURT 3,513.27 12404 10/29/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 339.24 12405 10/30/2024 WIRE INDIAN RIVER COUNTY PROPERTY APPRAISER 11,033.00 12406 10/30/2024 WIRE BLUECROSS AND BLUESHIELD OF SOUTH CAROLINA 80,813.46 12407 10/30/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 17.69 12408 10/30/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 2,211.10 12409 10/30/2024 WIRE B/C B/S OF FL ADM FEE 132,915.38 12410 10/30/2024 WIRE KIMLEY HORN & ASSOC INC 2,100.00 12411 10/30/2024 WIRE SENIOR RESOURCE ASSOCIATION 30,693.00 12412 10/31/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 3,322.01 12413 10/31/2024 WIRE B/C B/S OF FL ADM FEE 185,190.79 12414 10/31/2024 WIRE INDIAN RIVER COUNTY TAX COLLECTOR 26,778.01 12415 11/01/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 774.62 12416 11/01/2024 WIRE ST LUCIE BATTERY & TIRE CO 1,194.05 12417 11/01/2024 WIRE CLERK OF CIRCUIT COURT 126,929.83 12418 11/01/2024 WIRE INDIAN RIVER COUNTY SUPERVISOR OF ELECTIONS 154,248.34 12419 11/01/2024 WIRE INDIAN RIVER COUNTY SHERIFF 6,340,192.99 12420 11/01/2024 WIRE AMERITAS 16,795.98 12421 11/01/2024 WIRE AMERICAN FAMILY LIFE ASSURANCE CO 11,223.04 12422 11/01/2024 WIRE EDH HOLDINGS LLC 965.18 12423 11/01/2024 WIRE TIMOTHY ROSE CONTRACTING INC 36,515.07 12424 11/01/2024 WIRE EVERSIDE HEALTH LLC 99,133.26 12425 11/01/2024 WIRE TIMOTHY ROSE CONTRACTING INC 270,414.68 12426 11/01/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 833.28 455923 10/31/2024 PRINTED GEOSYNTEC CONSULTANTS INC 4,708.11 455924 10/31/2024 PRINTED FLORIDA DEPT OF JUVENILE JUSTICE 32,563.03 455925 10/31/2024 PRINTED JOBEAR CONTRACTING INC 12,990.39 58 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455926 10/31/2024 PRINTED CATHEDRAL CORPORATION 19,500.00 455927 10/31/2024 PRINTED STEARNS, CONRAD AND SCHMIDT 378,149.31 455928 10/31/2024 PRINTED BOWMAN CONSULTING GROUP LTD 19,532.00 455929 10/31/2024 PRINTED KATE PRIEST LCSW LLC 10,000.00 455930 10/31/2024 PRINTED ATKINS NORTH AMERICA INC 48,602.78 455931 10/31/2024 PRINTED EXP U.S. SERVICES INC 14,199.09 455932 10/31/2024 PRINTED OF LEADERSHIP & EDUCATION FOUNDATION INC 685.00 455933 10/31/2024 PRINTED MICHAEL ZITO 115.44 455934 10/31/2024 PRINTED SUSAN ADAMS 126.20 455935 10/31/2024 PRINTED JENNIFER HYDE 111.19 455936 10/31/2024 PRINTED RACE TO SAFETYTRAINING LLC 750.00 455937 10/31/2024 PRINTED TISA BLIDGEN 350.00 455938 10/31/2024 PRINTED DANIEL BRADLEY 305.96 455939 10/31/2024 PRINTED ABDON VARGAS 74.59 455940 10/31/2024 PRINTED ANDREA ROSERO 80.44 455941 10/31/2024 PRINTED CHERYL K FINK 46.53 455942 10/31/2024 PRINTED CHRIS DEMOTTE 36.63 455943 10/31/2024 PRINTED CHRISTOPHER GUNDREY 67.88 455944 10/31/2024 PRINTED CLARK H WOOTEN 60.43 455945 10/31/2024 PRINTED CREATIVE HOLDINGS OF INDIAN RIVER LLC 61.60 455946 10/31/2024 PRINTED CYNTHIA P PATTERSON 77.56 455947 10/31/2024 PRINTED D R HORTON INC 303.37 455948 10/31/2024 PRINTED DANIEL CORY MARTIN 62.58 455949 10/31/2024 PRINTED DANIELLE DIPIERRO 22.72 455950 10/31/2024 PRINTED DI VOSTA HOMES L P 153.84 455951 10/31/2024 PRINTED DIANE ARMENO 68.24 455952 10/31/2024 PRINTED EVELYN SHAW 262.17 455953 10/31/2024 PRINTED GRBK GHO HIGH POINTE LLC 67.77 455954 10/31/2024 PRINTED GRBK GHO LUCAYA POINTE LLC 69.81 455955 10/31/2024 PRINTED HOLIDAY BUILDERS 262.18 455956 10/31/2024 PRINTED JOHN AITA 79.47 455957 10/31/2024 PRINTED JOSEPH KELNHOFER 30.74 455958 10/31/2024 PRINTED 1SMVB PROPERTIES LLC 62.26 455959 10/31/2024 PRINTED KENNETH DUDAL 172.88 455960 10/31/2024 PRINTED KERLYS GONZALEZ ANEZ 41.46 455961 10/31/2024 PRINTED KEVIN L GRANDY II 39.46 455962 10/31/2024 PRINTED KRISTEN R SCOTT 5.51 455963 10/31/2024 PRINTED MARCUS GOODWIN 32.70 455964 10/31/2024 PRINTED MARILYN K. MEIKLE 79.67 455965 10/31/2024 PRINTED MARK RENEHAN 2.78 455966 10/31/2024 PRINTED MEGAN NOONE 100.00 455967 10/31/2024 PRINTED MILINDA N KELLY 5.91 455968 10/31/2024 PRINTED PATRICK B ROLL 122.82 455969 10/31/2024 PRINTED PJD HOLDINGS LLC 46.53 455970 10/31/2024 PRINTED PROFRAME PLUS, INC 37.94 455971 10/31/2024 PRINTED ROBERT KILLEEN 21.28 455972 10/31/2024 PRINTED SHAILESH SHORI 37.05 455973 10/31/2024 PRINTED SUNCOR FT PIERCE LLC 40.99 455974 10/31/2024 PRINTED THIEP A PHAN 318.66 455975 10/31/2024 PRINTED THOMAS E BARLOW 69.48 M CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 455976 10/31/2024 PRINTED TOM COX 77.29 455977 10/31/2024 PRINTED TYSON ETHERIDGE 22.52 455978 10/31/2024 PRINTED YARA Y MANRIQUE 67.19 455979 10/31/2024 PRINTED CHERYL S MILLER 53.83 455980 10/31/2024 PRINTED CYNTHIA VILLENEUVE 50.19 455981 10/31/2024 PRINTED DENNIS HARRIS 1R 78.98 455982 10/31/2024 PRINTED FLETCHER MCCLELLAN 40.89 455983 10/31/2024 PRINTED INDIAN RIVER COUNTY HABITAT FOR HUMANITY 41.47 455984 10/31/2024 PRINTED 0 H HOUSING LLC 25.07 455985 10/31/2024 PRINTED PAT A RIMOLI 65.18 455986 10/31/2024 PRINTED RENATA DI VIRGILIO 67.74 455987 10/31/2024 PRINTED SANDRA POTTER 51.63 455988 10/31/2024 PRINTED TARA PERRON 8.85 455989 10/31/2024 PRINTED TYLER SCHAEFER 90.23 455990 10/31/2024 PRINTED WILFREDO ROMERO 40.96 455991 10/31/2024 PRINTED ZACHARIAH SAHR 43.25 455992 10/31/2024 PRINTED COMMUNICATIONS INTERNATIONAL 656.75 455993 10/31/2024 PRINTED AT&T MOBILITY 300.35 455994 10/31/2024 PRINTED AT&T MOBILITY 934.73 455995 10/31/2024 PRINTED GRAINGER INC 29.94 455996 10/31/2024 PRINTED CITY OF VERO BEACH 98.18 455997 10/31/2024 PRINTED CITY OF VERO BEACH UTILITIES 298.75 455998 10/31/2024 VOID FLORIDA DEPT OF COMMUNITY AFFAIRS 21,118.97 455999 10/31/2024 PRINTED FLORIDA POWER AND LIGHT 8,611.75 456000 10/31/2024 PRINTED UNITED HEALTH CARE INS COMPANY 103.04 456001 10/31/2024 PRINTED IRC HISTORICAL SOCIETY INC 1,220.79 456002 10/31/2024 PRINTED BANK OF NEW YORK MELLON 2,875.00 456003 10/31/2024 PRINTED INTERNATIONAL CODE COUNCIL INC 285.50 456004 10/31/2024 PRINTED CELICO PARTNERSHIP 1,462.18 456005 10/31/2024 PRINTED FISHER & PHILLIPS LLP 91.50 456006 10/31/2024 PRINTED MHC OPERATING LIMITED PARTNERSHIP 585.00 456007 10/31/2024 PRINTED NAPIER & ROLLIN PLLC 315.00 456008 10/31/2024 PRINTED RACE TO SAFETY TRAINING LLC 435.00 456009 10/31/2024 PRINTED SEAN GIBBONS 59.00 456010 10/31/2024 PRINTED CHANGE HEALTHCARE TECHNOLOGY 8,782.68 456011 10/31/2024 PRINTED AMAZON CAPITAL SERVICES INC 250.34 456012 10/31/2024 PRINTED SPORTS ENGINE INC 129.50 456013 10/31/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 290.16 456014 10/31/2024 PRINTED SAMBERG CONSTRUCTION & DEVELOPMENT LLC 500.00 456015 10/31/2024 PRINTED RICK DUNKERLEY 5.34 456016 10/31/2024 PRINTED LF STAFFING SERVICES INC 27.85 456017 10/31/2024 PRINTED TERRENCE LEE 75.00 456018 10/31/2024 PRINTED PINSON CONTRACTOR SERVICES LLC 5,000.00 456019 10/31/2024 PRINTED ISLAND HARBOUR CUSTOM BUILDING LLC 35.00 456020 10/31/2024 PRINTED HGC FRAMING LLC 500.00 456021 10/31/2024 PRINTED ANN MARIE RICHARD 14.20 456022 10/31/2024 PRINTED BERYL FYLER 584.00 456023 10/31/2024 PRINTED DORIS HALL 540.80 456024 10/31/2024 PRINTED FREDERICK GERSTELL 588.80 456025 10/31/2024 PRINTED GAIL SASSO 593.60 J ff CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456026 10/31/2024 PRINTED JOHN LOUSTAUNAU 50.00 456027 10/31/2024 PRINTED JUANITA NICHOLS 1,064.37 456028 10/31/2024 PRINTED MARCIA HENDERSON 425.53 456029 10/31/2024 PRINTED PHYLLIS KELY 466.00 456030 10/31/2024 PRINTED RUTH MOORE 534.00 456031 10/31/2024 PRINTED TANA CALVERT 100.00 456032 10/31/2024 PRINTED LATITUDE 88 500.00 456033 10/31/2024 PRINTED ECONOMIC OPERTUNITIES COUNCIL OF IRC 1,870.12 456034 10/31/2024 PRINTED KYLE ST PETER 100.00 456035 10/31/2024 PRINTED STURGIS LUMBER & PYLWOOD CO 79.10 456036 10/31/2024 PRINTED COMMUNICATIONS INTERNATIONAL INC 4,202.19 456037 10/31/2024 PRINTED SOUTHERN SEWER EQUIPMENT SALES 3,325.00 456038 10/31/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 243.00 456039 10/31/2024 PRINTED RICOH USA INC 108.64 456040 10/31/2024 PRINTED GRAINGER INC 3,555.30 456041 10/31/2024 PRINTED HACH CO 589.00 456042 10/31/2024 PRINTED MEEKS PLUMBING INC 15,258.48 456043 10/31/2024 PRINTED ADVANCED AIR CONDITIONING & HEATING 6,784.00 456044 10/31/2024 PRINTED ABCO GARAGE DOOR CO 2,034.00 456045 10/31/2024 PRINTED BILL BRYANT & ASSOCIATES INC 35,267.00 456046 10/31/2024 PRINTED CHILDCARE RESOURCES OF IRC 24,106.48 456047 10/31/2024 PRINTED DELL MARKETING LP 4,900.00 456048 10/31/2024 PRINTED BARNEYS PUMP INC 3,069.00 456049 10/31/2024 PRINTED NORTHERN SAFETY CO INC 225.48 456050 10/31/2024 PRINTED SOUTHERN EMBROIDERY 380.00 456051 10/31/2024 PRINTED WILLIE C REAGAN 1,468.00 456052 10/31/2024 PRINTED INFO USA MARKETING INC 485.00 456053 10/31/2024 PRINTED BOYS & GIRLS CLUB OF IRC 10,000.00 456054 10/31/2024 PRINTED CLERK OF CIRCUIT COURT 639.50 456055 10/31/2024 PRINTED INDIAN RIVER CTY CLERK OF THE COURT 129.50 456056 10/31/2024 PRINTED CITY OF VERO BEACH 4,682.47 456057 10/31/2024 PRINTED HOME DEPOT CREDIT SERVICES 1,584.76 456058 10/31/2024 PRINTED TREASURE COAST REGIONAL PLANNING 72,146.00 456059 10/31/2024 PRINTED FLORIDA DEPT OF TRANSPORTATION 30.90 456060 10/31/2024 PRINTED TREASURE COAST HOMELESS SERVICES COUNCIL 63,568.27 456061 10/31/2024 PRINTED BRACKETT FAMILY LIMITED PARTNERSHIP 1,282.00 456062 10/31/2024 PRINTED PUBLIX PHARMACY #0772 38.67 456063 10/31/2024 PRINTED PUBLIX PHARMACY 86.04 456064 10/31/2024 PRINTED PU BLIX PHARMACY #1150 297.02 456065 10/31/2024 PRINTED PUBLIX PHARMACY #1374 19.64 456066 10/31/2024 PRINTED FLORIDA DEPT OF AG & CONSUMER SERV 12,107.97 456067 10/31/2024 PRINTED CLEVELAND GOLF/SRIXON 19.25 456068 10/31/2024 PRINTED THOMSON REUTERS - WEST 279.00 456069 10/31/2024 PRINTED CENTRAL AIR CONDITIONING & REFRIGERATION SUPPLY 31.53 456070 10/31/2024 PRINTED CITY OF SEBASTIAN 2,004.51 456071 10/31/2024 PRINTED FLORIDA POWER AND LIGHT 63.05 456072 10/31/2024 PRINTED FLORIDA POWER AND LIGHT 176,120.28 456073 10/31/2024 PRINTED FLORIDA POWER AND LIGHT 3,538.34 456074 10/31/2024 PRINTED AMERICAN PLANNING ASSOCIATION 101.00 456075 10/31/2024 PRINTED EPSILON SIGMA PHI 150.00 61 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456076 10/31/2024 PRINTED NEW HORIZONS 58,759.00 456077 10/31/2024 PRINTED CATHOLIC CHARITIES DIOCESE OF PALM BCH 2,692.33 456078 10/31/2024 PRINTED CATHOLIC CHARITIES DIOCESE PALM BCH 2,996.18 456079 10/31/2024 PRINTED HIBISCUS CHILDRENS CENTER 15,458.65 456080 10/31/2024 PRINTED COMPLETE ELECTRIC INC 165.00 456081 10/31/2024 PRINTED IRC HEALTHY START COALITION INC 26,552.33 456082 10/31/2024 PRINTED NATIONAL ASSOC OF CONSERVATION DISTRICTS 775.00 456083 10/31/2024 PRINTED ESRI INC 580.00 456084 10/31/2024 PRINTED WEST MARINE PRODUCTS INC 86.46 456085 10/31/2024 PRINTED CHILDRENS HOME SOCIETY 1,750.00 456086 10/31/2024 PRINTED IRONSIDE PRESS LLC 562.35 456087 10/31/2024 PRINTED INTERNATIONAL CODE COUNCIL 821.63 456088 10/31/2024 PRINTED DAVCO ELECTRICAL CONTRACTORS CORP 7,349.14 456089 10/31/2024 PRINTED DAVID SPARKS 1,298.00 456090 10/31/2024 PRINTED FORT PIERCE HOUSING AUTHORITY 1,029.00 456091 10/31/2024 PRINTED FLORIDA ASSOC OF CODE ENFORCEMENT 425.00 456092 10/31/2024 PRINTED FAE4-HA 100.00 456093 10/31/2024 PRINTED PELICAN ISLAND AUDUBON SOCIETY INC 8,981.61 456094 10/31/2024 PRINTED THE PALMS AT VERO BEACH 3,321.00 456095 10/31/2024 PRINTED MICHAEL J.QUIGLEY 90.00 456096 10/31/2024 PRINTED PRIMA 425.00 456097 10/31/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 389.50 456098 10/31/2024 PRINTED CELICO PARTNERSHIP 6,169.39 456099 10/31/2024 PRINTED CINTAS CORPORATION #283 221.40 456100 10/31/2024 PRINTED ARTHUR PRUETT 870.00 456101 10/31/2024 PRINTED FLORIDA DEPT OF JUVENILE JUSTICE 49,223.45 456102 10/31/2024 PRINTED SYNAGRO TECHNOLOGIES INC 74,110.70 456103 10/31/2024 PRINTED BIG BROTHERS AND BIG SISTERS 8,841.53 456104 10/31/2024 PRINTED FL ASSOC OF COUNTY AGRICULTURAL AGENTS 250.00 456105 10/31/2024 PRINTED COASTAL TECHNOLOGY CORPORATION 3,687.50 456106 10/31/2024 PRINTED MICHAEL JAHOLKOWSKI 551.00 456107 10/31/2024 PRINTED LINDA MCLAIN BRANNAN 1,408.00 456108 10/31/2024 PRINTED SEBASTIAN RIVER AREA CHAMBER OF COMMERCE 21,787.69 456109 10/31/2024 PRINTED BILL BRESSETT 40.00 456110 10/31/2024 PRINTED C W NIELSEN MFG CORP 1,215.00 456111 10/31/2024 PRINTED RICHARD SCHUTT 954.00 456112 10/31/2024 PRINTED FLORIDA CONSERVATION DIST EMP ASSOC 25.00 456113 10/31/2024 PRINTED CONSOLIDATED ELECTRIAL DIST INC 322.27 456114 10/31/2024 PRINTED OAK RIVER PROPERTIES INC 2,100.00 456115 10/31/2024 PRINTED PAMELA R CUMMINGS 1,202.00 456116 10/31/2024 PRINTED JOHNNY B SMITH 75.00 456117 10/31/2024 PRINTED GLOBALSTAR USA 228.38 456118 10/31/2024 PRINTED HERITAGE VILLAS OF VERO BEACH 730.00 456119 10/31/2024 PRINTED ASSOCIATION OF STATE FLOODPLAIN MANAGERS 535.00 456120 10/31/2024 PRINTED REDLANDS CHRISTIAN MIGRANT ASSOC 3,326.09 456121 10/31/2024 PRINTED INDIAN RIVER SOCCER ASSOCIATION 11,000.00 456122 10/31/2024 PRINTED TREASURE COAST FOOD BANK INC 783.28 456123 10/31/2024 PRINTED NICOLACE MARKETING INC 1,348.80 456124 10/31/2024 PRINTED SEALRITE PAVERS INC 4,845.00 456125 10/31/2024 PRINTED FEED THE LAMBS ENRICHMENT PROGRAM INC 3,375.00 62 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456126 10/31/2024 PRINTED OKEECHOBEE PARTNERS LLC 1,264.00 456127 10/31/2024 PRINTED BRENNTAG MID -SOUTH INC 17,797.29 456128 10/31/2024 PRINTED D J P GENERAL CONTRACTING SERVICES INC 23,300.00 456129 10/31/2024 PRINTED ATLANTIC COASTAL LAND TITLE CO LLC 95.00 456130 10/31/2024 PRINTED MISS INC OF THE TREASURE COAST 941.00 456131 10/31/2024 PRINTED XYLEM WATER SOLUTION USA INC 8,932.50 456132 10/31/2024 PRINTED ALAN JAY CHEV BUICK GMC CADILLAC 205,651.00 456133 10/31/2024 PRINTED JSR ENTERPRISES LLC 32,230.91 456134 10/31/2024 PRINTED ALADTEC INC 5,849.25 456135 10/31/2024 PRINTED BURNETT LIME CO INC 4,587.42 456136 10/31/2024 PRINTED BSN SPORTS INC 543.75 456137 10/31/2024 PRINTED STS MAINTAIN SERVICES INC 34,058.03 456138 10/31/2024 PRINTED HAWKINS INC 862.50 456139 10/31/2024 PRINTED AUGUSTUS B FORT JR 1,195.00 456140 10/31/2024 PRINTED CATHEDRAL CORPORATION 1,585.94 456141 10/31/2024 PRINTED H&H SHADOWBROOK LLC 1,520.00 456142 10/31/2024 PRINTED SITEONE LANDSCAPE SUPPLY LLC 530.87 456143 10/31/2024 PRINTED GOTTA GO GREEN 423.70 456144 10/31/2024 PRINTED BARSALOU VENTURES LLC 1,740.67 456145 10/31/2024 PRINTED AWC INC 15,777.98 456146 10/31/2024 PRINTED THE GIFFORD FLORIDA YOUTH ORCHESTRA 3,814.46 456147 10/31/2024 PRINTED CROSSOVER MISSION INC 9,587.00 456148 10/31/2024 PRINTED FLORIDA EAST COAST RAILWAY LLC 2,470.00 456149 10/31/2024 PRINTED TRIPLE L IRRIGATION INC 2,646.00 456150 10/31/2024 PRINTED WEDGEWOOD RENTALS LLC 973.00 456151 10/31/2024 PRINTED TRIHEDRAL INC 15,366.75 456152 10/31/2024 PRINTED MATHESON TRI -GAS INC 9,554.88 456153 10/31/2024 PRINTED UNITED AGAINST POVERTY INC 12,866.41 456154 10/31/2024 PRINTED WILLIS SPORTS ASSOCIATION INC 12,092.50 456155 10/31/2024 PRINTED COLE AUTO SUPPLY INC 374.60 456156 10/31/2024 PRINTED KONICA MINOLTA BUSINESS SOLUTIONS 194.77 456157 10/31/2024 PRINTED BETH NOLAN 204.00 456158 10/31/2024 PRINTED DAY DREAMS UNIFORMS INC 106.45 456159 10/31/2024 PRINTED GOVDIRECT INC 8,765.01 456160 10/31/2024 PRINTED CORE & MAIN LP 5,599.71 456161 10/31/2024 PRINTED IRL COUNCIL 50,000.00 456162 10/31/2024 PRINTED WOERNER AGRIBUSINESS LLC 140.00 456163 10/31/2024 PRINTED KARL POKRANDT 1,203.00 456164 10/31/2024 PRINTED DIRECTV GROUP INC 102.72 456165 10/31/2024 PRINTED 1135 17TH PL LLC 1,185.00 456166 10/31/2024 PRINTED AUSTIN HUNT 500.00 456167 10/31/2024 PRINTED HUDSON CONSULTING & MANAGEMENT LLC 766.00 456168 10/31/2024 PRINTED AMAZON CAPITAL SERVICES INC 9,806.92 456169 10/31/2024 PRINTED TREASURE COAST PLUMBING LLC 2,245.00 456170 10/31/2024 PRINTED PACE ANALYTICAL SERVICES LLC 226.80 456171 10/31/2024 PRINTED PACE ANYALYTICAL LLC 261.45 456172 10/31/2024 PRINTED AMERIGAS PROPANE LP 1,556.99 456173 10/31/2024 PRINTED PSI TECHNOLOGIES INC 24,900.00 456174 10/31/2024 PRINTED THE HOPE FOR FAMILIES CENTER INC 840.41 456175 10/31/2024 PRINTED JORDAN MOWERS 365.44 63 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456176 10/31/2024 PRINTED LIBERTY TIRE RECYCLING LLC 6,432.20 456177 10/31/2024 PRINTED MULLINAX FORD OF VERO BEACH 512.34 456178 10/31/2024 PRINTED JUDITH A BURLEY 477.50 456179 10/31/2024 PRINTED SHARON P BRENNAN 1,178.00 456180 10/31/2024 PRINTED OLD DIXIE PAINT & BODY LLC 542.40 456181 10/31/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 742.06 456182 10/31/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 95.64 456183 10/31/2024 PRINTED JENNIFER D JAMES 200.00 456184 10/31/2024 PRINTED LOWES COMPANIES INC 4,541.15 456185 10/31/2024 PRINTED SMI TRADING LLC 69.94 456186 10/31/2024 PRINTED TOSHIBA AMERICA BUISNESS SOLUTIONS INC 123.99 456187 10/31/2024 PRINTED MILLENNIUM CREMATORY LLC 750.00 456188 10/31/2024 PRINTED BREGO PROPERTIES LLC 904.00 456189 10/31/2024 PRINTED SITECRAFTERS OF FLORIDA INC 63,137.44 456190 10/31/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 880.53 456191 10/31/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 386.88 456192 10/31/2024 PRINTED ROBERT A HUDSON 325.00 456193 10/31/2024 PRINTED SREIT LEXINGTON CLUB LLC 3,603.00 456194 10/31/2024 PRINTED THEODORE SEMI 840.00 456195 10/31/2024 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 593.00 456196 10/31/2024 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 613.00 456197 10/31/2024 PRINTED AQUATIC WEED CONTROL INC 195.00 456198 10/31/2024 PRINTED LAWRENCE F WALLIN 70.00 456199 10/31/2024 PRINTED HIREQUEST LLC 5,971.34 456200 10/31/2024 PRINTED SAFE FAMILIES FOR CHILDREN 9,540.02 456201 10/31/2024 PRINTED PETERBILT STORE SOUTH FLORIDA LLC 505.99 456202 10/31/2024 PRINTED NEX-GEN PARTNERS LLC 8,370.00 456203 10/31/2024 PRINTED EZAS INVESTMENTS LLC 1,500.00 456204 10/31/2024 PRINTED MICHAEL MILLER 2,156.00 456205 10/31/2024 PRINTED RS REALTY ADVISORS LLC 3,750.00 456206 10/31/2024 PRINTED SONIA SUSAN SOSA 1,383.00 456207 10/31/2024 PRINTED ULTIMATE PROPERTIES & LOGISTICS LLC 1,037.00 456208 10/31/2024 PRINTED THOMAS J GOLDSCHMIDT MD PA 2,628.75 456209 10/31/2024 PRINTED SHRIEVE CHEMICAL CO LLC 4,565.45 456210 10/31/2024 PRINTED CONSOLIDATED WATER GROUP LLC 36.08 456211 10/31/2024 PRINTED ACROSS THE STREET PRODUCTIONS INC 3,000.00 456212 10/31/2024 PRINTED OUTLAW MARITIME LLC 1,500.00 456213 10/31/2024 PRINTED STUART STAMP & ENGRAVING LLC 89.91 456214 10/31/2024 PRINTED RONALD MARASCO SR 205.00 456215 10/31/2024 PRINTED BRIGHTVIEW LANDSCAPE SERVICES INC 12,973.50 456216 10/31/2024 PRINTED JEFFERY HOGUES 10,000.00 456217 10/31/2024 PRINTED OCP COMMUNITY OUTREACH INC 5,707.07 456218 10/31/2024 PRINTED JT VERO PROPERTIES LLC 3,467.00 456219 10/31/2024 PRINTED JACOURT LLC 1,098.00 456220 10/31/2024 PRINTED DE 2018 PLLC 378.00 456221 10/31/2024 PRINTED TREASURE COAST SWIMMING 1,500.00 456222 10/31/2024 PRINTED SM REALTY PARTNERS LLC 2,525.00 456223 10/31/2024 PRINTED XEROX CORPORATION 1,601.01 456224 10/31/2024 PRINTED THE SOCIETY OF CERTIFIED INSURANCE COUNSELORS 839.88 456225 10/31/2024 PRINTED IXORIA RE LLC 2,838.00 64 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456226 10/31/2024 PRINTED US ECOLOGY TAMPA INC 12,176.05 456227 10/31/2024 PRINTED HI LIFE PROPERTY MANAGEMENT LLC 1,668.00 456228 10/31/2024 PRINTED JORDAN PARKER 305.00 456229 10/31/2024 PRINTED JB JONES 1R 1,036.00 456230 10/31/2024 PRINTED UNA GRAHAM 1,500.00 456231 10/31/2024 PRINTED ASSOCIATION OF NATURAL RESOURCES 110.00 456232 10/31/2024 PRINTED JOHN DAVID HAYES 2,160.00 456233 10/31/2024 PRINTED SUBSTANCE ABUSE COUNCIL OF IRC 15,444.42 456234 10/31/2024 PRINTED GARY C ALERTE JR 1,500.00 456235 10/31/2024 PRINTED JOHN DIGIACOMO 75.00 456236 10/31/2024 PRINTED LF STAFFING SERVICES INC 4,881.33 456237 10/31/2024 PRINTED FIONNA SMITH 1,716.00 456238 10/31/2024 PRINTED PINES VILLAGE LLC 1,171.00 456239 10/31/2024 PRINTED SUMMIT FIRE & SECURITY LLC 235.88 456240 10/31/2024 PRINTED KATHERINE L NALL 24.00 456241 10/31/2024 PRINTED FOUNDATIONS WELLNESS CENTER LLC 14,875.00 456242 10/31/2024 PRINTED TRANSGATE RECOVERY SOLUTIONS LLC 1,050.00 456243 10/31/2024 PRINTED COASTAL CONNECTIONS INC 12,008.67 456244 10/31/2024 PRINTED PROJECT MANAGEMENT INSTITUTE INC 184.00 456245 10/31/2024 PRINTED DENA KAY MATTHEWS 2,091.00 456246 10/31/2024 PRINTED MARY LTOMARO 150.00 456247 10/31/2024 PRINTED WILLIAMS SCOTSMAN INC 1,574.27 456248 10/31/2024 PRINTED VECELLIO GROUP INC 996.30 456249 10/31/2024 PRINTED CUTTING EDGE SIGNS LLC 385.00 456250 10/31/2024 PRINTED INDIO RIVER LLC 1,208.00 456251 10/31/2024 PRINTED STATE OF FLORIDA DEPARTMENT OF COMMERCE 175.00 456252 10/31/2024 PRINTED PALMDALE INTERMEDIATE LLC 127.05 456253 10/31/2024 PRINTED GANNETT MEDIA CORP 4,444.57 456254 10/31/2024 PRINTED JUNIOR ACHIEVEMENT OF THE PALM BEACHES 6,947.57 456255 10/31/2024 PRINTED ALFRED BENESCH & COMPANY 31,368.42 456256 10/31/2024 PRINTED MINT GREEN GROUP USA 1,306.86 456257 10/31/2024 PRINTED BRADY COMPANIES LLC 100.40 456258 10/31/2024 PRINTED BRADY COMPANIES LLC 3,554.55 456259 10/31/2024 PRINTED DAVIES CLAIMS NORTH AMERICA INC 65,226.75 456260 10/31/2024 PRINTED MARCIA SALMON 300.00 456261 10/31/2024 PRINTED STAVOLA AGGREGATE SUPPLY LLC 4,765.69 456262 10/31/2024 PRINTED HG PRINTING & GRAPHICS LLC 420.00 456263 10/31/2024 PRINTED PINSON CONTRACTOR SERVICES LLC 10,610.00 456264 10/31/2024 PRINTED TAFFORD LYLES 375.00 456265 10/31/2024 PRINTED CAMRON DAVIS 300.00 456266 10/31/2024 PRINTED DAVID GUY 210.00 456267 10/31/2024 PRINTED HAROLD BECK & SONS INC 8,029.00 456268 10/31/2024 PRINTED JEANETTE GALLAGHER 154.00 456269 10/31/2024 PRINTED SAMUEL MCDUFFIE 123.50 456270 10/31/2024 PRINTED ALLMON PROPERTY MANAGEMENT LLC 3,393.00 456271 10/31/2024 PRINTED SHERRY LYNN ROSS 107.80 456272 10/31/2024 PRINTED BLUEWATER SYSTEMS INC 4,700.00 456273 10/31/2024 PRINTED VERO BEACH CHAMBER OF COMMERCE 140.00 456274 10/31/2024 PRINTED CANTERBURY MGMT 960.00 456275 10/31/2024 PRINTED CYNTHIA WOLD 100.00 65 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 903720 10/31/2024 PRINTED FLORIDA POWER AND LIGHT 190.00 903721 10/31/2024 PRINTED INDIAN RIVER COUNTY HOUSING AUTHORITY 850.00 903722 10/31/2024 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 1,450.00 903723 10/31/2024 PRINTED SREIT PEMBERLY PALMS LLC 298.00 903724 10/31/2024 PRINTED PHAEDRA TOUT PUISSANT 1,232.00 1022047 10/31/2024 ACI MIKES GARAGE & WRECKER SERVICE INC 317.00 1022048 10/31/2024 ACI GALLS LLC 430.70 1022049 10/31/2024 ACI GROVE WELDERS INC 696.31 1022050 10/31/2024 ACI COMMERCIAL ENERGY SPECIALISTS 256.03 1022051 10/31/2024 ACI UNIFIRST CORPORATION 715.20 1022052 10/31/2024 ACI GUARDIAN HAWK SECURITY 430.00 1022053 10/31/2024 ACI NEXAIR LLC 20.96 1022054 10/31/2024 ACI EVERGLADES EQUIPMENT GROUP 313.64 1022055 10/31/2024 ACI CARLON INC 1,755.30 55897 10/28/2024 PRINTED HEALTH FIRST MEDICAL GROUP LLC 87.98 55898 10/28/2024 PRINTED HOWARD T. TEE MD 112.50 55899 10/28/2024 PRINTED HOWARD T. TEE MD 212.40 55900 10/28/2024 PRINTED HOWARD T. TEE MD 103.50 55901 10/28/2024 PRINTED AMERICAN ANESTHESIOLOGY OF FLORIDA 578.00 55902 10/28/2024 PRINTED AMERICAN ANESTHESIOLOGY OF FLORIDA 433.50 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 631.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 1,177.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 514.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 525.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 570.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 250.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 753.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 447.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 454.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 1,823.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 85.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 240.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 437.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 1,820.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 180.00 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 386.50 55903 10/28/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 4,909.50 55904 10/28/2024 PRINTED CIOX HEALTH 717.50 55905 10/28/2024 PRINTED HEALTHESYSTEMS LLC 568.48 55905 10/28/2024 PRINTED HEALTHESYSTEMS LLC 799.02 55905 10/28/2024 PRINTED HEALTHESYSTEMS LLC 964.19 55905 10/28/2024 PRINTED HEALTHESYSTEMS LLC 60.52 55905 10/28/2024 PRINTED HEALTHESYSTEMS LLC 5.00 55905 10/28/2024 PRINTED HEALTHESYSTEMS LLC 391.02 55906 10/28/2024 PRINTED PIRAMIDSS COURT REPORTING 440.65 55907 10/29/2024 PRINTED FOURSTONE HEALTH LLC 375.00 55908 10/29/2024 PRINTED MD NOW 70.25 55909 10/29/2024 PRINTED GILFORD SOUND EMERG PHYS, LLC 135.85 55910 10/29/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 72.47 55911 10/29/2024 PRINTED RONALD K. ROBINSON, MD LLC 106.25 66 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 55912 10/29/2024 PRINTED VANGUARD MEDICAL LLC 36.00 55913 10/29/2024 PRINTED COMMAND INVESTIGATIONS LLC 1,200.00 55914 10/29/2024 PRINTED SHILAH JONES 96.45 55915 10/29/2024 PRINTED SHILAH JONES 15.00 55916 10/30/2024 PRINTED MOHAMED ERRITOUNI MD 357.00 55917 10/30/2024 PRINTED US ANESTHESIA PARTNERS OF FL 516.41 55918 10/30/2024 PRINTED WEST BOCA MEDICAL CTR 41,417.66 55919 11/01/2024 PRINTED ABSOLUTE SOLUTIONS 277.95 55920 11/01/2024 PRINTED HOWARD T. TEE MD 103.50 55921 11/01/2024 PRINTED CARDIAC CLINIC OF SUNIL M KAKKAR MD 227.01 55922 11/01/2024 PRINTED CLEVELAND CLINIC FOUNDATION 57.95 55923 11/01/2024 PRINTED INDIAN RIVER MEDICAL CENTER 10,054.63 55924 11/01/2024 PRINTED SPNET 125.80 55925 11/01/2024 PRINTED SPNET 140.25 55926 11/01/2024 PRINTED SPNET 121.55 55927 11/01/2024 PRINTED VERO ORTHOPAEDICS II PA 112.50 55928 11/01/2024 PRINTED ANTHONY IVORY 110.36 55929 11/01/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 2,387.00 10,998,569.42 67 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: November 8, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 2, 2024 to November 8, 2024 aGOUNrY 4 6 v w 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 November 2, 2024 to November 8, 2024. 68 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 12427 11/04/2024 WIRE SENIOR RESOURCE ASSOCIATION 5,687.08 12428 11/04/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 478.13 12429 11/04/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 4,575.16 12430 11/04/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,884.00 12431 11/04/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,331.13 12432 11/05/2024 WIRE EVERSIDE HEALTH LLC 62,079.38 12433 11/05/2024 WIRE SCHOOL DISTRICT OF INDIAN RIVER COUNTY 7,290.01 12434 11/05/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 170.90 12435 11/05/2024 WIRE AMERITAS 3,217.50 12436 11/05/2024 WIRE AMERITAS 37.50 12437 11/05/2024 WIRE AMERITAS 131.25 12438 11/05/2024 WIRE AMERITAS 266.25 12439 11/05/2024 WIRE AMERITAS 48.75 12440 11/05/2024 WIRE AMERITAS 266.25 12441 11/06/2024 WIRE FL RETIREMENT SYSTEM 1,443,184.03 12442 11/06/2024 WIRE HIGHMARK STOP LOSS 90,634.18 12443 11/06/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 929.18 12444 11/06/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 130.65 12445 11/07/2024 WIRE BLUE CROSS & BLUE SHIELD 480,335.06 12446 11/07/2024 WIRE RX BENEFITS INC 723,736.69 12447 11/07/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 2,350.13 12448 11/07/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 111.93 12449 11/07/2024 WIRE BENEFLEX INC 910.00 12450 11/08/2024 WIRE IRC FIRE FIGHTERS ASSOC 11,621.50 12451 11/08/2024 WIRE INDIAN RIVER COUNTY SHERIFF 17,682.56 12452 11/08/2024 WIRE PUBLIC DEFENDER 34,381.93 12453 11/08/2024 WIRE FLSDU 3,163.51 12454 11/08/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 838.72 12455 11/08/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 1,432.35 456276 11/07/2024 PRINTED MBV ENGINEERING 315.00 456277 11/07/2024 PRINTED REHMANN ROBSON 40,000.00 456278 11/07/2024 PRINTED ECOLOGICAL ASSOCIATES INC 6,560.00 456279 11/07/2024 PRINTED SOUTHEAST SERVICES OF THE 9,274.59 456280 11/07/2024 PRINTED COMMANDLINK LLC 3,476.26 456281 11/07/2024 PRINTED ATKINS NORTH AMERICA INC 14,725.73 456282 11/07/2024 PRINTED JIM'S COMPLETE CONSTRUCTION LLC 4,120.28 456283 11/07/2024 PRINTED FWPCOA TRAINING OFFICE 375.00 456284 11/07/2024 PRINTED FLORIDA STORMWATER ASSOCIATION INC 279.00 456285 11/07/2024 PRINTED MARINE RESOURCES COUNCIL OF EAST FL INC 550.00 456286 11/07/2024 PRINTED SUSAN PRADO 19.00 456287 11/07/2024 PRINTED FL ASSOCIATION OF PUBLIC PROCUREMENT OFFICIALS INC 258.00 456288 11/07/2024 PRINTED GRACELAND COLLEGE CENTER FOR PROFESSIONAL 1,198.00 456289 11/07/2024 PRINTED JENNIFER SHULER 19.00 456290 11/07/2024 PRINTED JIM MANN 28.73 456291 11/07/2024 PRINTED CHILDCARE RESOURCES OF IRC 21,767.11 456292 11/07/2024 PRINTED CITY OF VERO BEACH 98.18 456293 11/07/2024 PRINTED FLORIDA DEPT OF TRANSPORTATION 12.68 456294 11/07/2024 PRINTED DIVISION OF EMERGENCY MANAGEMENT CASHIER 21,118.97 456295 11/07/2024 PRINTED FEDERAL EXPRESS 9.21 456296 11/07/2024 PRINTED FLORIDA POWER AND LIGHT 10,351.81 456297 11/07/2024 PRINTED FLORIDA POWER AND LIGHT 1,026.47 456298 11/07/2024 PRINTED STATE ATTORNEY 19TH JUDICIAL CIRCUIT 82,057.73 456299 11/07/2024 PRINTED CITY OF FELLSMERE 314.74 456300 11/07/2024 PRINTED FSBPA 7,000.00 456301 11/07/2024 PRINTED LEARNING ALLIANCE 20,935.86 69 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456302 11/07/2024 PRINTED CORNERSTONE FAMILY SERVICES OF WEST VIRGINIA 750.00 456303 11/07/2024 PRINTED AMAZON CAPITAL SERVICES INC 83.76 456304 11/07/2024 PRINTED XEROX CORPORATION 95.51 456305 11/07/2024 PRINTED SOUTHERN TEES INC 205.20 456306 11/07/2024 PRINTED AEQUALIS SOCII PLLC 970.00 456307 11/07/2024 PRINTED PAT STRASSNER 30.00 456308 11/07/2024 PRINTED PROFESSIONAL SHOW SALES 500.00 456309 11/07/2024 PRINTED UNDER THE SUN PROMOTIONS LLC 1,298.25 456310 11/07/2024 PRINTED JAVIER MARTINEZ 214.60 456311 11/07/2024 PRINTED PORT CONSOLIDATED 1,577.04 456312 11/07/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 771.73 456313 11/07/2024 PRINTED SAFETY PRODUCTS INC 400.20 456314 11/07/2024 PRINTED BREATHING AIR SYSTEM 227.32 456315 11/07/2024 PRINTED GRAINGER INC 1,962.70 456316 11/07/2024 PRINTED SAFETY KLEEN SYSTEMS INC 278.75 456317 11/07/2024 PRINTED BENSONS LOCK SERVICE INC 23.50 456318 11/07/2024 PRINTED HACH CO 6,619.34 456319 11/07/2024 PRINTED NATIONAL FIRE PROTECTION ASSOC 225.00 456320 11/07/2024 PRINTED MEEKS PLUMBING INC 405.00 456321 11/07/2024 PRINTED BOUND TREE MEDICAL LLC 30,138.43 456322 11/07/2024 PRINTED ELPEX 5,531.80 456323 11/07/2024 PRINTED ABCO GARAGE DOOR CO 869.00 456324 11/07/2024 PRINTED DELL MARKETING LP 33,937.26 456325 11/07/2024 PRINTED MIDWEST TAPE LLC 1,255.79 456326 11/07/2024 PRINTED NORTHERN SAFETY CO INC 379.94 456327 11/07/2024 PRINTED ODYSSEY MANUFACTURING CO 39,932.80 456328 11/07/2024 PRINTED K & M ELECTRIC SUPPLY 28.27 456329 11/07/2024 PRINTED GALE/CENGAGE LEARNING 25,274.33 456330 11/07/2024 PRINTED HOME DEPOT CREDIT SERVICES 556.02 456331 11/07/2024 PRINTED POSTMASTER 350.00 456332 11/07/2024 PRINTED APCO INTERNATIONAL 391.00 456333 11/07/2024 PRINTED FLORIDA DEPARTMENT OF TRANSPORTATION 27.28 456334 11/07/2024 PRINTED JANITORIAL DEPOT OF AMERICA INC 1,340.90 456335 11/07/2024 PRINTED PUBLIX PHARMACY #0240 45.83 456336 11/07/2024 PRINTED CLEVELAND GOLF/SRIXON 111.70 456337 11/07/2024 PRINTED ACUSHNET COMPANY 1,872.59 456338 11/07/2024 PRINTED FLORIDA WATER & POLLUTION CONTROL 30.00 456339 11/07/2024 PRINTED SIEMENS INDUSTRY INC 1,134.00 456340 11/07/2024 PRINTED CALLAWAY GOLF 1,092.96 456341 11/07/2024 PRINTED FLORIDA POWER AND LIGHT 19,879.48 456342 11/07/2024 PRINTED FLORIDA POWER AND LIGHT 34,519.60 456343 11/07/2024 PRINTED NENA 750.00 456344 11/07/2024 PRINTED INTERNATIONAL ASSOCIATION OF 120.00 456345 11/07/2024 PRINTED INSIGHT PUBLIC SECTOR 6,314.80 456346 11/07/2024 PRINTED CUES 463.53 456347 11/07/2024 PRINTED INTERNATIONAL CODE COUNCIL 206.80 456348 11/07/2024 PRINTED INTERNATIONAL ASSOC OF EMERGENCY MANAGERS INC 597.00 456349 11/07/2024 PRINTED RECHTIEN INTERNATIONAL TRUCKS 513.30 456350 11/07/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 275.50 456351 11/07/2024 PRINTED CELICO PARTNERSHIP 5,048.95 456352 11/07/2024 PRINTED RECYCLE FLORIDA TODAY INC 500.00 456353 11/07/2024 PRINTED FASTENAL COMPANY 13.72 456354 11/07/2024 PRINTED SHERWIN WILLIAMS CO 195.38 456355 11/07/2024 PRINTED ETR LLC 414.51 456356 11/07/2024 PRINTED CONSOLIDATED ELECTRIAL DIST INC 144.97 70 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456357 11/07/2024 PRINTED OAK RIVER PROPERTIES INC 780.00 456358 11/07/2024 PRINTED WEIMANN CONSTRUCTION INC 21,600.00 456359 11/07/2024 PRINTED MAURICE ROLLE 600.00 456360 11/07/2024 PRINTED SIMS CRANE & EQUIPMENT CO 1,989.00 456361 11/07/2024 PRINTED PETER J CASSARA 3,225.00 456362 11/07/2024 PRINTED FLEETBOSS G P S INC 7,392.00 456363 11/07/2024 PRINTED FLORIDA ARMATURE WORKS INC 9,932.09 456364 11/07/2024 PRINTED OVERDRIVE INC 3,500.29 456365 11/07/2024 PRINTED CIT GROUP/COMMERCIAL SERVICES INC 995.78 456366 11/07/2024 PRINTED NEWSOM OIL COMPANY 757.50 456367 11/07/2024 PRINTED EASY PICKER GOLF PRODUCTS INC 261.26 456368 11/07/2024 PRINTED MUNICIPAL EMERGENCY SERVICES INC 6,994.74 456369 11/07/2024 PRINTED BURNETT LIME CO INC 18,460.78 456370 11/07/2024 PRINTED STS MAINTAIN SERVICES INC 26,276.38 456371 11/07/2024 PRINTED MASCHMEYER CONCRETE COMPANY OF FLORIDA 438.90 456372 11/07/2024 PRINTED PRG AMERICAS LLC 1,682.97 456373 11/07/2024 PRINTED WILSON SPORTING GOODS CO 1,778.07 456374 11/07/2024 PRINTED BARSALOU VENTURES LLC 19,878.06 456375 11/07/2024 PRINTED BIBLIOTHECA LLC 5,024.54 456376 11/07/2024 PRINTED MATHESON TRI -GAS INC 9,412.20 456377 11/07/2024 PRINTED COLE AUTO SUPPLY INC 2,533.80 456378 11/07/2024 PRINTED RECYCLING ROCKS LLC 1,320.00 456379 11/07/2024 PRINTED JOSEPH ELLIOTT USA LLC 1,211.11 456380 11/07/2024 PRINTED ENVIRONMENTAL OPERATING SOLUTION INC 28,520.00 456381 11/07/2024 PRINTED CORE & MAIN LP 59,337.14 456382 11/07/2024 PRINTED SOLE SISTERS SHOES LLC 931.95 456383 11/07/2024 PRINTED WOERNER AGRIBUSINESS LLC 712.00 456384 11/07/2024 PRINTED REXEL USA INC 728.10 456385 11/07/2024 PRINTED DIRECTV GROUP INC 99.24 456386 11/07/2024 PRINTED VISTA OUTDOOR SALES LLC 4,343.87 456387 11/07/2024 PRINTED AUSTIN HUNT 520.00 456388 11/07/2024 PRINTED AMAZON CAPITAL SERVICES INC 5,411.53 456389 11/07/2024 PRINTED TREASURE COAST PLUMBING LLC 115.00 456390 11/07/2024 PRINTED PACE ANYALYTICAL LLC 7,855.48 456391 11/07/2024 PRINTED AMERIGAS PROPANE LP 709.61 456392 11/07/2024 PRINTED METROPOLITAN COMMUNICATION SERVICES INC 777.00 456393 11/07/2024 PRINTED LIBERTY TIRE RECYCLING LLC 5,777.00 456394 11/07/2024 PRINTED MULLINAX FORD OF VERO BEACH 1,885.44 456395 11/07/2024 PRINTED SOUTH CENTRAL PLANNING & DEVELOPMENT COMMISSION 4,813.33 456396 11/07/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 5.00 456397 11/07/2024 PRINTED KYOCERA DOCUMENT SOLUTIONS SOUTHEAST LLC 260.19 456398 11/07/2024 PRINTED STAPLES INC 88.37 456399 11/07/2024 PRINTED LOWES COMPANIES INC 2,850.49 456400 11/07/2024 PRINTED SMI TRADING LLC 48.37 456401 11/07/2024 PRINTED RARESTEP INC 13,500.00 456402 11/07/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 149.61 456403 11/07/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 3,383.09 456404 11/07/2024 PRINTED SOUTH FLORIDA EMERGENCY VEHICLES LLC 630.63 456405 11/07/2024 PRINTED HIREQUEST LLC 2,270.88 456406 11/07/2024 PRINTED PETERBILT STORE SOUTH FLORIDA LLC 2,438.65 456407 11/07/2024 PRINTED CER SIGNATURE CLEANING LLC 4,900.00 456408 11/07/2024 PRINTED CLEAN SPACE INC 2,383.70 456409 11/07/2024 PRINTED MARUBENI AMERICA CORPORATION 7,363.62 456410 11/07/2024 PRINTED SHRIEVE CHEMICAL CO LLC 9,193.57 456411 11/07/2024 PRINTED BAKER &TAYLOR 6,246.99 71 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456412 11/07/2024 PRINTED CONSOLIDATED WATER GROUP LLC 691.84 456413 11/07/2024 PRINTED CARAHSOFT TECHNOLOGY CORP 20,000.00 456414 11/07/2024 PRINTED TPH HOLDINGS LLC 89.70 456415 11/07/2024 PRINTED LEGENDARY HEADWEAR 1,548.00 456416 11/07/2024 PRINTED BRIGHTVIEW LANDSCAPE SERVICES INC 2,697.00 456417 11/07/2024 PRINTED RUBEN ZAMARRIPA 200.00 456418 11/07/2024 PRINTED GWORKS 8,874.00 456419 11/07/2024 PRINTED BATES AIR & HEAT LLC 792.25 456420 11/07/2024 PRINTED C&S CHEMICALS INC 8,889.58 456421 11/07/2024 PRINTED VECELLIO GROUP INC 1,009.80 456422 11/07/2024 PRINTED PALMDALE INTERMEDIATE LLC 65.00 456423 11/07/2024 PRINTED IVETTE QUILES CINTRON 1,800.00 456424 11/07/2024 PRINTED INGRAM LIBRARY SERVICES LLC 162.53 456425 11/07/2024 PRINTED M&M ASPHALT MAINTENANCE INC 284,277.38 456426 11/07/2024 PRINTED BRADY COMPANIES LLC 34.52 456427 11/07/2024 PRINTED STAVOLA AGGREGATE SUPPLY LLC 5,114.37 456428 11/07/2024 PRINTED TEN -8 FIRE & SAFETY LLC 7,297.54 456429 11/07/2024 PRINTED EXPONENT HOLDINGS LLC 17,500.00 456430 11/07/2024 PRINTED NATURES KEEPER INC 4,905.00 456431 11/07/2024 PRINTED MIRIT WIENER 21.00 456432 11/07/2024 PRINTED THE DOLLYWOOD FOUNDATION 1,232.31 456433 11/07/2024 PRINTED RENATO ANTONIO FERNANDES VARGAS 1,000.00 456434 11/08/2024 PRINTED CALIFORNIA STATE DISBURSEMENT UNIT 305.19 456435 11/08/2024 PRINTED FLORIDA UC FUND 1,429.41 456436 11/08/2024 PRINTED COMMONWEALTH OF MASSACHUSETTS 562.00 456437 11/08/2024 PRINTED P&A ADMINISTRATIVE SERVICES INC 645.00 456438 11/08/2024 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 129.23 456439 11/08/2024 PRINTED STATE OF NEW MEXICO CHILD SUPPORT SDU 73.85 903725 11/04/2024 PRINTED GRACES LANDING LTD 694.00 903726 11/04/2024 PRINTED FLORIDA POWER AND LIGHT 141.00 903727 11/04/2024 PRINTED INDIAN RIVER COUNTY HOUSING AUTHORITY 585.00 903728 11/04/2024 PRINTED SUNCOAST REALTY & RENTAL MGMT LLC 354.00 903729 11/04/2024 PRINTED HERITAGE VILLAS OF VERO BEACH 657.00 903730 11/04/2024 PRINTED LAZY LLC 568.00 903731 11/04/2024 PRINTED COALITION FOR ATTAINABLE HOMES INC 579.00 903732 11/04/2024 PRINTED ORCHARD GROVE VENTURE LLC 4,839.00 903733 11/04/2024 PRINTED SREIT LEXINGTON CLUB LLC 2,903.00 903734 11/04/2024 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 1,080.00 903735 11/04/2024 PRINTED SREIT PEMBERLY PALMS LLC 4,922.00 903736 11/04/2024 PRINTED JACOURT LLC 3,863.00 903737 11/04/2024 PRINTED NONPROFIT HOUSING PRESERVATION LLC 708.00 903738 11/04/2024 PRINTED BREVARD COUNTY HOUSING AUTHORITY 6,977.12 903739 11/04/2024 PRINTED GRACES LANDING LTD 11,775.00 903740 11/04/2024 PRINTED BETTY DAVIS SCROGGS 649.00 903741 11/04/2024 PRINTED PRESERVE AT OSLO 8,543.00 903742 11/04/2024 PRINTED DAVID YORK 694.00 903743 11/04/2024 PRINTED ST FRANCIS MANOR OF VERO BEACH 1,556.00 903744 11/04/2024 PRINTED TREASURE COAST HOMELESS SERVICES COUNCIL 1,873.00 903745 11/04/2024 PRINTED FLORIDA POWER AND LIGHT 710.00 903746 11/04/2024 PRINTED INDIAN RIVER COUNTY HOUSING AUTHORITY 5,364.00 903747 11/04/2024 PRINTED INDIAN RIVER COUNTY HOUSING AUTHORITY 5,994.00 903748 11/04/2024 PRINTED THE PALMS AT VERO BEACH 29,718.00 903749 11/04/2024 PRINTED DAVID CONDON 1,125.00 903750 11/04/2024 PRINTED HILARY MCIVOR 253.00 903751 11/04/2024 PRINTED SUNCOAST REALTY & RENTAL MGMT LLC 720.00 72 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 903752 11/04/2024 PRINTED PAMELA R CUMMINGS 1,681.00 903753 11/04/2024 PRINTED ADINA GOLDMAN-WALKER 1,190.00 903754 11/04/2024 PRINTED HERITAGE VILLAS OF VERO BEACH 6,381.00 903755 11/04/2024 PRINTED LAZY LLC 3,314.00 903756 11/04/2024 PRINTED SAID S MOOBARK 2,778.00 903757 11/04/2024 PRINTED OSCEOLA COUNTY SECTION 8 1,428.28 903758 11/04/2024 PRINTED YVONNE KOUTSOFIOS 62.00 903759 11/04/2024 PRINTED WEDGEWOOD RENTALS LLC 855.00 903760 11/04/2024 PRINTED COALITION FOR ATTAINABLE HOMES INC 1,108.00 903761 11/04/2024 PRINTED MYRIAM MELENDEZ 912.00 903762 11/04/2024 PRINTED WATSON REALTY GROUP 2,076.00 903763 11/04/2024 PRINTED 1135 17TH PL LLC 1,808.00 903764 11/04/2024 PRINTED SHEA LLC 974.00 903765 11/04/2024 PRINTED ORCHARD GROVE VENTURE LLC 20,767.00 903766 11/04/2024 PRINTED SREIT LEXINGTON CLUB LLC 34,738.00 903767 11/04/2024 PRINTED VERO BEACH LEASED HOUSING ASSOC III LLLP 20,429.00 903768 11/04/2024 PRINTED B4 TC PROPERTIES LLC 1,208.00 903769 11/04/2024 PRINTED SREIT RIVER PARK PLACE LLC 16,609.00 903770 11/04/2024 PRINTED EZAS INVESTMENTS LLC 1,055.00 903771 11/04/2024 PRINTED SREIT PEMBERLY PALMS LLC 23,082.00 903772 11/04/2024 PRINTED SREIT SONRISE VILLAS LLC 6,882.00 903773 11/04/2024 PRINTED JACOURT LLC 7,138.00 903774 11/04/2024 PRINTED CENTER LAKE PROPERTY MANAGEMENT LLC 663.00 903775 11/04/2024 PRINTED AMELIA VILLAGE LP 1,331.00 903776 11/04/2024 PRINTED NONPROFIT HOUSING PRESERVATION LLC 11,670.00 903777 11/04/2024 PRINTED HOUSING AUTHORITY OF THE CITY OF ORLANDO FL 1,691.28 903778 11/04/2024 PRINTED CHRISTINE TURCHIANO 795.00 903779 11/04/2024 PRINTED PHAEDRA TOUT PUISSANT 1,232.00 1022056 11/07/2024 ACI MIKES GARAGE & WRECKER SERVICE INC 245.00 1022057 11/07/2024 ACI GALLS LLC 684.07 1022058 11/07/2024 ACI IRRIGATION CONSULTANTS UNLIMITED INC 175.61 1022059 11/07/2024 ACI GROVE WELDERS INC 1,103.63 1022060 11/07/2024 ACI COMPLETE RESTAURANT EQUIPMENT LLC 8,303.52 1022061 11/07/2024 ACI MINUTEMAN PRESS 292.16 1022062 11/07/2024 ACI UNIFIRST CORPORATION 1,419.97 1022063 11/07/2024 ACI NEXAIR LLC 75.59 1022064 11/07/2024 ACI AT&T 5.29 1022065 11/07/2024 ACI AT&T 1,639.78 1022066 11/07/2024 ACI AT&T 4,483.64 1022067 11/07/2024 ACI AT&T 5.29 1022068 11/07/2024 ACI OFFICE DEPOT 1,176.09 1022069 11/07/2024 ACI FL DEPT OF ENVIRONMENTAL PROTECTION 250.00 1022070 11/07/2024 ACI COMCAST 887.06 55930 11/04/2024 PRINTED VERO ORTHOPAEDICS II PA 112.50 55931 11/04/2024 PRINTED SPNET 130.05 55932 11/04/2024 PRINTED SPNET 121.55 55933 11/04/2024 PRINTED VERO ORTHOPAEDICS II PA 94.50 55934 11/04/2024 PRINTED BLACKSTONE HAND CENTER LLC 14.00 55935 11/04/2024 PRINTED HEALTHESYSTEMS LLC 231.28 55935 11/04/2024 PRINTED HEALTHESYSTEMS LLC 386.79 55935 11/04/2024 PRINTED HEALTHESYSTEMS LLC 150.96 55936 11/04/2024 PRINTED MRO CORPORATION 13.00 55937 11/04/2024 PRINTED SOUTHERN COURT REPORTERS INC 255.95 55938 11/05/2024 PRINTED VERO ORTHOPAEDICS II PA 171.00 55939 11/05/2024 PRINTED VERO ORTHOPAEDICS II PA 81.00 73 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 55940 11/05/2024 PRINTED CLAIM PAYINC 265.48 55941 11/05/2024 PRINTED EZ HEALTH CARE 127.00 55942 11/05/2024 PRINTED EZ HEALTH CARE 3.00 55943 11/05/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 72.47 55944 11/05/2024 PRINTED RONALD K. ROBINSON, MD LLC 87.46 55945 11/05/2024 PRINTED SOLANTIC SFL 88.20 55946 11/05/2024 PRINTED SPNET 652.80 55947 11/05/2024 PRINTED SPNET 70.55 55948 11/05/2024 PRINTED SPNET 167.45 55949 11/05/2024 PRINTED SPNET 243.10 55950 11/05/2024 PRINTED TENET FLORIDA PHYSICIAN SERVICES II LLC 30.68 55951 11/05/2024 PRINTED VERO ORTHOPAEDICS II PA 95.63 55952 11/05/2024 PRINTED HR Law PA 3,139.68 55953 11/06/2024 PRINTED EZ HEALTH CARE 685.92 55954 11/06/2024 PRINTED EZ HEALTH CARE 764.99 55955 11/06/2024 PRINTED SHERIDAN RADIOLOGY SERVICES 65.55 55956 11/06/2024 PRINTED SPNET 101.15 55957 11/06/2024 PRINTED SPNET 101.15 55958 11/06/2024 PRINTED SPNET 101.15 55959 11/06/2024 PRINTED SPNET 101.15 55960 11/06/2024 PRINTED SPNET 87.55 55961 11/06/2024 PRINTED SPNET 140.25 55962 11/06/2024 PRINTED SPNET 34.00 55963 11/06/2024 PRINTED SPNET 140.25 55964 11/06/2024 PRINTED SPNET 136.00 55965 11/06/2024 PRINTED SPNET 158.95 55966 11/06/2024 PRINTED SPNET 121.55 55967 11/06/2024 PRINTED SPNET 243.10 55968 11/06/2024 PRINTED SPNET 121.55 55969 11/06/2024 PRINTED VERO ORTHOPAEDICS II PA 23.40 55970 11/06/2024 PRINTED John Glenton 1,463.30 55971 11/06/2024 PRINTED Ronald D. Adamson JR 1,061.26 55972 11/07/2024 PRINTED EZ HEALTH CARE 764.99 55973 11/07/2024 PRINTED EZ HEALTH CARE 807.47 55974 11/07/2024 PRINTED EZ HEALTH CARE 6,502.50 55975 11/07/2024 PRINTED COMMAND INVESTIGATIONS LLC 2,948.44 55976 11/07/2024 PRINTED PIRAMIDSS COURT REPORTING 277.30 55977 11/08/2024 PRINTED ABSOLUTE SOLUTIONS 395.24 55978 11/08/2024 PRINTED EZ HEALTH CARE 22.00 55979 11/08/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 25.50 2300 11/06/2024 PRINTED Appraisers of Central Florida LLC 300.00 2301 11/07/2024 PRINTED WhiteBird PLLC 2,477.24 2302 11/08/2024 PRINTED GRAY ROBINSON ATTORNEYS AT LAW 34.87 416159 11/8/2024 DIRECT DEPOSIT FORREST, FARCIOT 1,188.45 416160 11/8/2024 DIRECT DEPOSIT GLITZ, WILLIAM 1,176.75 416161 11/8/2024 DIRECT DEPOSIT SCHREIBER'KEVIN 1,256.90 416162 11/8/2024 DIRECT DEPOSIT ADAMS, SUSAN 2,333.91 416163 11/8/2024 DIRECT DEPOSIT BROWN, ASHLEY 1,533.07 416164 11/8/2024 DIRECT DEPOSIT EARMAN, JOSEPH 2,816.24 416165 11/8/2024 DIRECT DEPOSIT FLESCHER, JOSEPH 2,583.41 416166 11/8/2024 DIRECT DEPOSIT LIST, KATHY 633.74 416167 11/8/2024 DIRECT DEPOSIT LOAR, DERYL 2,495.23 416168 11/8/2024 DIRECT DEPOSIT MOIRANO, KIMBERLY 1,407.14 416169 11/8/2024 DIRECT DEPOSIT PLESNARSKI, LISA 1,567.96 416170 11/8/2024 DIRECT DEPOSIT STOKES, MAURA 1,638.49 74 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416171 11/8/2024 DIRECT DEPOSIT GLANVILLE, TERESA 1,598.43 416171 11/8/2024 DIRECT DEPOSIT GLANVILLE, TERESA 241.00 416172 11/8/2024 DIRECT DEPOSIT HICKS, CHRISTOPHER 3,906.68 416173 11/8/2024 DIRECT DEPOSIT MOORE, CHRISTINA 2,429.97 416174 11/8/2024 DIRECT DEPOSIT NOVAK, NATALIE 1,044.93 416174 11/8/2024 DIRECT DEPOSIT NOVAK, NATALIE 500.00 416175 11/8/2024 DIRECT DEPOSIT PRADO, SUSAN 3,583.20 416175 11/8/2024 DIRECT DEPOSIT PRADO, SUSAN 250.00 416176 11/8/2024 DIRECT DEPOSIT SHULER, JENNIFER 4,763.01 416177 11/8/2024 DIRECT DEPOSIT WESTERIK, NADIA 1,987.00 416177 11/8/2024 DIRECT DEPOSIT WESTERIK, NADIA 500.00 416178 11/8/2024 DIRECT DEPOSIT LESTER, CHESNEY 2,232.20 416179 11/8/2024 DIRECT DEPOSIT MCKINLEY, KELLY 2,086.52 416180 11/8/2024 DIRECT DEPOSIT RAMIREZ, REBECCA 1,560.01 416181 11/8/2024 DIRECT DEPOSIT ROSE, CARSON 1,579.03 416182 11/8/2024 DIRECT DEPOSIT TRAMEL, PATRICK 2,200.08 416183 11/8/2024 DIRECT DEPOSIT VIETZE, MARK 2,197.45 416184 11/8/2024 DIRECT DEPOSIT AMATO, JAMES 1,556.79 416185 11/8/2024 DIRECT DEPOSIT BOONE, BLAKE 395.41 416186 11/8/2024 DIRECT DEPOSIT BOSTICK, LINDA 591.31 416187 11/8/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 169.94 416187 11/8/2024 DIRECT DEPOSIT COLETTI, MARLEIGH 254.91 416188 11/8/2024 DIRECT DEPOSIT DAVIDIAN, SAGE 604.84 416189 11/8/2024 DIRECT DEPOSIT DOTSEY, JESSICA 1,150.90 416190 11/8/2024 DIRECT DEPOSIT GERNER, JOSHUA 249.79 416191 11/8/2024 DIRECT DEPOSIT GRAY, STEVEN 628.20 416192 11/8/2024 DIRECT DEPOSIT HAUPT, ROSA 737.06 416193 11/8/2024 DIRECT DEPOSIT HEINZE, DONALD 1,540.19 416194 11/8/2024 DIRECT DEPOSIT HENDRICKSEN, TYLER 541.67 416195 11/8/2024 DIRECT DEPOSIT MANGUS, ISABELLA 1,067.04 416196 11/8/2024 DIRECT DEPOSIT MINTEL, MATTHEW 455.10 416197 11/8/2024 DIRECT DEPOSIT O'NEILL, BRANDON 765.51 416197 11/8/2024 DIRECT DEPOSIT O'NEILL, BRANDON 765.50 416198 11/8/2024 DIRECT DEPOSIT ROHRER, MAREENA 249.03 416198 11/8/2024 DIRECT DEPOSIT ROHRER, MAREENA 747.09 416199 11/8/2024 DIRECT DEPOSIT RUVANE, TAYVIA 1,784.29 416200 11/8/2024 DIRECT DEPOSIT SHARKEY, ROBERT 1,163.29 416201 11/8/2024 DIRECT DEPOSIT SHELDON, GAGE 642.63 416202 11/8/2024 DIRECT DEPOSIT SPARROW-VOORHEES, TABATHA 1,253.64 416203 11/8/2024 DIRECT DEPOSIT STORTS, HOLDEN 283.40 416204 11/8/2024 DIRECT DEPOSIT WAGNER, FREDERICK 1,110.96 416205 11/8/2024 DIRECT DEPOSIT BAKER, MURRAY 944.24 416206 11/8/2024 DIRECT DEPOSIT GIBSON, CHASTITY 50.00 416206 11/8/2024 DIRECT DEPOSIT GIBSON, CHASTITY 10.00 416206 11/8/2024 DIRECT DEPOSIT GIBSON, CHASTITY 665.78 416207 11/8/2024 DIRECT DEPOSIT LAURO, HELEN 732.14 416208 11/8/2024 DIRECT DEPOSIT LEFEBURE, ANNABELLE 857.52 416209 11/8/2024 DIRECT DEPOSIT LEFEBURE, LEVI 620.66 416210 11/8/2024 DIRECT DEPOSIT LOCY, EMILY 1,724.96 416210 11/8/2024 DIRECT DEPOSIT LOCY, EMILY 50.00 416211 11/8/2024 DIRECT DEPOSIT MARLEAU, KATIE 2,165.26 416212 11/8/2024 DIRECT DEPOSIT RAULERSON, SPRING 796.95 416213 11/8/2024 DIRECT DEPOSIT SERVAITES, GREGG 1,666.06 416214 11/8/2024 DIRECT DEPOSIT SNEE, JACKSON 435.42 416215 11/8/2024 DIRECT DEPOSIT TRENT, CECIL 735.06 75 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416216 11/8/2024 DIRECT DEPOSIT CAROW, ELAINE 1,711.81 416217 11/8/2024 DIRECT DEPOSIT COWAN, DONALD 1,249.37 416218 11/8/2024 DIRECT DEPOSIT DOUGLAS, EUGENE 441.19 416219 11/8/2024 DIRECT DEPOSIT EISWERTH, SARAH 1,022.11 416220 11/8/2024 DIRECT DEPOSIT FADAYOMI, BENJAMIN 443.76 416221 11/8/2024 DIRECT DEPOSIT HEBELER, SANDRA 1,239.65 416222 11/8/2024 DIRECT DEPOSIT JONES, ALFRED 508.78 416223 11/8/2024 DIRECT DEPOSIT JURAD, DREW 1,738.84 416224 11/8/2024 DIRECT DEPOSIT KREBS, JILL 2,031.94 416225 11/8/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 500.00 416225 11/8/2024 DIRECT DEPOSIT RAMKISSOON, MARIE SOLANGE 1,165.98 416226 11/8/2024 DIRECT DEPOSIT REDFERN, RICHARD 480.53 416226 11/8/2024 DIRECT DEPOSIT REDFERN, RICHARD 120.13 416227 11/8/2024 DIRECT DEPOSIT SCHLEICH, MARK 446.80 416228 11/8/2024 DIRECT DEPOSIT TILTON, JOSEPH 250.00 416228 11/8/2024 DIRECT DEPOSIT TILTON, JOSEPH 2,350.09 416229 11/8/2024 DIRECT DEPOSIT BINEGAR, AMBER 517.24 416230 11/8/2024 DIRECT DEPOSIT BOLEN, LAYNE 655.11 416231 11/8/2024 DIRECT DEPOSIT BOWKER, JACQUELINE 1,328.95 416232 11/8/2024 DIRECT DEPOSIT BROWN, ARIEL 1,116.31 416233 11/8/2024 DIRECT DEPOSIT BUSKIRK, KITTIE 1,730.40 416234 11/8/2024 DIRECT DEPOSIT COLE, KAREN 1,565.23 416235 11/8/2024 DIRECT DEPOSIT FARBER, ASHLEY 966.85 416236 11/8/2024 DIRECT DEPOSIT FOXX, PAOLA 613.00 416237 11/8/2024 DIRECT DEPOSIT GOODEN, TRAVIS 1,131.40 416238 11/8/2024 DIRECT DEPOSIT HADSELL, DARLENE 2,023.83 416239 11/8/2024 DIRECT DEPOSIT HECKMAN, CHELSEA 1,204.42 416240 11/8/2024 DIRECT DEPOSIT HELTON, HEATHER 5.00 416240 11/8/2024 DIRECT DEPOSIT HELTON, HEATHER 1,467.51 416240 11/8/2024 DIRECT DEPOSIT HELTON, HEATHER 10.00 416241 11/8/2024 DIRECT DEPOSIT HUFF, TANYA 183.00 416241 11/8/2024 DIRECT DEPOSIT HUFF, TANYA 2,171.71 416242 11/8/2024 DIRECT DEPOSIT JUARBE, THALIA 1,118.30 416243 11/8/2024 DIRECT DEPOSIT LEE, GI 80.41 416243 11/8/2024 DIRECT DEPOSIT LEE, GI 1,286.62 416243 11/8/2024 DIRECT DEPOSIT LEE, GI 241.25 416244 11/8/2024 DIRECT DEPOSIT LESCIO, JOLENE 1,593.21 416245 11/8/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 25.00 416245 11/8/2024 DIRECT DEPOSIT LOVEDAY, JESSICA 1,750.25 416246 11/8/2024 DIRECT DEPOSIT MCDOUGALL, STEVEN 1,548.27 416247 11/8/2024 DIRECT DEPOSIT MCKENNA, TERESA 675.49 416248 11/8/2024 DIRECT DEPOSIT MORGAN, JESSICA 857.67 416249 11/8/2024 DIRECT DEPOSIT NEAL, MARY JANE 1,178.08 416250 11/8/2024 DIRECT DEPOSIT PAGANO, SADIE 557.75 416251 11/8/2024 DIRECT DEPOSIT PAWLAK, FRANCES 1,220.45 416252 11/8/2024 DIRECT DEPOSIT PEREZ, JOSHUA 2,512.64 416253 11/8/2024 DIRECT DEPOSIT SANTOYO, ETHELYN 583.12 416254 11/8/2024 DIRECT DEPOSIT SCHOEN, ERIC 1,359.87 416255 11/8/2024 DIRECT DEPOSIT SMITH NIKITIN, KRISTIE 1,773.71 416256 11/8/2024 DIRECT DEPOSIT STENGER, ELIZABETH 2,813.22 416257 11/8/2024 DIRECT DEPOSIT TRUSS, LAWRENCE 680.04 416258 11/8/2024 DIRECT DEPOSIT WAGNER, MICHELLE 1,701.10 416259 11/8/2024 DIRECT DEPOSIT WYATT, ELIZABETH 609.25 416260 11/8/2024 DIRECT DEPOSIT ALBINI, SCOTT 609.10 416261 11/8/2024 DIRECT DEPOSIT ANDERSON, KATHERINE 1,532.52 76 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416262 11/8/2024 DIRECT DEPOSIT BACHMANN, SANDRA 1,695.33 416263 11/8/2024 DIRECT DEPOSIT BOIKE, REBECCA 1,270.29 416264 11/8/2024 DIRECT DEPOSIT BOWMAN, KATHLEEN 2,486.81 416265 11/8/2024 DIRECT DEPOSIT ELSEBOUGH, KELLY 691.93 416266 11/8/2024 DIRECT DEPOSIT GALENTINE, TRACY 1,106.89 416267 11/8/2024 DIRECT DEPOSIT IACHINI, TAYLOR 1,353.82 416268 11/8/2024 DIRECT DEPOSIT KEATLEY, WHITNEY 591.35 416269 11/8/2024 DIRECT DEPOSIT MELASI, SUSAN 1,618.00 416270 11/8/2024 DIRECT DEPOSIT PANKIEWICZ-FUCHS, PATRICIA 2,375.50 416271 11/8/2024 DIRECT DEPOSIT RATHMAN, BETHANY 678.73 416272 11/8/2024 DIRECT DEPOSIT ROSADO-RODRIGUEZ, JEFFREY 1,201.98 416273 11/8/2024 DIRECT DEPOSIT BROWNING, KATHLEEN 611.67 416274 11/8/2024 DIRECT DEPOSIT COOLER HAWK, SHANNON 1,522.70 416275 11/8/2024 DIRECT DEPOSIT FRANCIS, RICHARD 1,522.62 416276 11/8/2024 DIRECT DEPOSIT HERNANDEZ, MELISSA 630.56 416277 11/8/2024 DIRECT DEPOSIT LOWE, CYNTHIA 1,151.26 416278 11/8/2024 DIRECT DEPOSIT MCDOUGALL, HOLLIE 1,846.56 416279 11/8/2024 DIRECT DEPOSIT NEAL, BRIANNA 583.11 416280 11/8/2024 DIRECT DEPOSIT PEARSAUL, VICTORIA 863.22 416281 11/8/2024 DIRECT DEPOSIT SOBEL, KATHERINE 624.39 416282 11/8/2024 DIRECT DEPOSIT ADAMS, KEVIN 2,095.50 416283 11/8/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 819.54 416283 11/8/2024 DIRECT DEPOSIT CAMPBELL, OMOLARA 351.23 416284 11/8/2024 DIRECT DEPOSIT CASTRO, JUAN 1,126.13 416285 11/8/2024 DIRECT DEPOSIT GIANSANTI, JOHN 837.39 416286 11/8/2024 DIRECT DEPOSIT HALL, CARLY 504.95 416287 11/8/2024 DIRECT DEPOSIT SORENSON, MICHELLE 1,439.83 416288 11/8/2024 DIRECT DEPOSIT VERGARA, GUSTAVO 3,091.59 416289 11/8/2024 DIRECT DEPOSIT BILLINGS, JOHNATHAN 2,195.89 416290 11/8/2024 DIRECT DEPOSIT BONELL, CALEB 316.80 416291 11/8/2024 DIRECT DEPOSIT BROWNLEE, MATTHEW 195.71 416292 11/8/2024 DIRECT DEPOSIT DIAS-NOVA, DANIEL 1,108.80 416293 11/8/2024 DIRECT DEPOSIT DOTSEY, JOHN 1,607.90 416294 11/8/2024 DIRECT DEPOSIT FILIZZOLA NOVA, BRENO 718.05 416295 11/8/2024 DIRECT DEPOSIT FRANCOEUR, ANDREW 371.19 416296 11/8/2024 DIRECT DEPOSIT GILLIGAN, MATTHEW 4,045.47 416297 11/8/2024 DIRECT DEPOSIT HENDERSON, CHRISTOPHER 2,196.00 416298 11/8/2024 DIRECT DEPOSIT JENKINS, CARLOS 216.54 416299 11/8/2024 DIRECT DEPOSIT JONES, CHRISTOPHER 933.97 416300 11/8/2024 DIRECT DEPOSIT KEATON, KAMERON 1,399.84 416301 11/8/2024 DIRECT DEPOSIT LEVY AARON 1,580.13 416301 11/8/2024 DIRECT DEPOSIT LEVY; AARON 75.00 416302 11/8/2024 DIRECT DEPOSIT MCDkARMID, RONALD 383.27 416303 11/8/2024 DIRECT DEPOSIT OTTO, DANIEL 1,448.94 416304 11/8/2024 DIRECT DEPOSIT PURPURA, CHRISTOPHER 1,413.26 416305 11/8/2024 DIRECT DEPOSIT RING, ERIC 1,872.76 416306 11/8/2024 DIRECT DEPOSIT WADE, FARAI 352.83 416306 11/8/2024 DIRECT DEPOSIT WADE, FARAI 151.21 416307 11/8/2024 DIRECT DEPOSIT WATKINS, CHRISTOPHER 1,730.03 416308 11/8/2024 DIRECT DEPOSIT CAGGIANO, LINDA 1,192.95 416309 11/8/2024 DIRECT DEPOSIT MATTHEWS, JESSICA 1,948.85 416310 11/8/2024 DIRECT DEPOSIT ABERNATHY, STEVE 4,007.06 416311 11/8/2024 DIRECT DEPOSIT ACCARDI, TRISTAN 456.71 416311 11/8/2024 DIRECT DEPOSIT ACCARDI, TRISTAN 1,826.84 416312 11/8/2024 DIRECT DEPOSIT ADKINS, TANISHA 2,306.59 77 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416313 11/8/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 1,033.80 416313 11/8/2024 DIRECT DEPOSIT ALEXANDER, NATHAN 1,919.91 416314 11/8/2024 DIRECT DEPOSIT ALICEA, MICHAEL 1,925.81 416315 11/8/2024 DIRECT DEPOSIT AMORTEGUI, JAIME 1,910.21 416316 11/8/2024 DIRECT DEPOSIT ANGELONE, ANDREW 2,444.70 416317 11/8/2024 DIRECT DEPOSIT AREYZAGA, CHY'ANN 2,256.02 416318 11/8/2024 DIRECT DEPOSIT ARNOLD, WESLEY 3,203.42 416319 11/8/2024 DIRECT DEPOSIT AYERDIS, ALEXANDER 3,323.64 416320 11/8/2024 DIRECT DEPOSIT BAILEY, JOSHUA 1,760.06 416321 11/8/2024 DIRECT DEPOSIT BAIRD, ALLISON 2,265.64 416322 11/8/2024 DIRECT DEPOSIT BARCUS, CHRISTOPHER 2,492.89 416323 11/8/2024 DIRECT DEPOSIT BARKEY, WILLIAM 3,413.68 416324 11/8/2024 DIRECT DEPOSIT BELL, DAVID 2,519.21 416325 11/8/2024 DIRECT DEPOSIT BENDER, JOSHUA 1,953.17 416325 11/8/2024 DIRECT DEPOSIT BENDER, JOSHUA 750.00 416326 11/8/2024 DIRECT DEPOSIT BERNI, CORBIN 2,276.60 416327 11/8/2024 DIRECT DEPOSIT BERNSTEIN, MICHAEL 3,057.31 416328 11/8/2024 DIRECT DEPOSIT BEUTTELL, CLIFTON 2,427.99 416329 11/8/2024 DIRECT DEPOSIT BINAFIF, MAZEN 2,593.73 416330 11/8/2024 DIRECT DEPOSIT BINKLEY, JOHN 2,272.84 416331 11/8/2024 DIRECT DEPOSIT BLOCH, MATTHEW 2,343.72 416332 11/8/2024 DIRECT DEPOSIT BONHOMME, DAVE BRIAN 1,760.04 416333 11/8/2024 DIRECT DEPOSIT BOROCZKY, TAMAS 2,830.71 416334 11/8/2024 DIRECT DEPOSIT BOWDEN, CHASE 2,247.89 416335 11/8/2024 DIRECT DEPOSIT BRAMLETT, RILEY 2,455.54 416336 11/8/2024 DIRECT DEPOSIT BRENNAN, THOMAS 1,847.19 416337 11/8/2024 DIRECT DEPOSIT BREWER, CHRISTEN 200.00 416337 11/8/2024 DIRECT DEPOSIT BREWER, CHRISTEN 2,274.71 416338 11/8/2024 DIRECT DEPOSIT BROUWER, JHONATAN 2,186.70 416339 11/8/2024 DIRECT DEPOSIT BRUNO, HARRISON 2,128.36 416340 11/8/2024 DIRECT DEPOSIT BUDERUS, CHRISTOPHER 1,753.39 416341 11/8/2024 DIRECT DEPOSIT BURKE, CHRISTOPHER 2,860.49 416342 11/8/2024 DIRECT DEPOSIT BURKE, DONALD 2,181.14 416343 11/8/2024 DIRECT DEPOSIT BURNS, BOB 2,207.58 416344 11/8/2024 DIRECT DEPOSIT BURRITT, BRIAN 2,375.84 416345 11/8/2024 DIRECT DEPOSIT BUSTAMANTE, LUIS 1,689.88 416346 11/8/2024 DIRECT DEPOSIT CAGLE, GARRETT 2,235.84 416347 11/8/2024 DIRECT DEPOSIT CALLAHAN, RYAN 2,902.14 416348 11/8/2024 DIRECT DEPOSIT CALLOWAY, JAMIE 2,479.69 416349 11/8/2024 DIRECT DEPOSIT CALZADILLA, EVAN 3,122.59 416350 11/8/2024 DIRECT DEPOSIT CAPPELEN, RYAN 3,041.21 416351 11/8/2024 DIRECT DEPOSIT CASS, JAMES 3,043.26 416352 11/8/2024 DIRECT DEPOSIT CEBRYNSKI, JOSEPH 3,765.86 416353 11/8/2024 DIRECT DEPOSIT CHISHOLM, KEITH 2,442.36 416354 11/8/2024 DIRECT DEPOSIT CICERONI, RICHARD 2,356.12 416355 11/8/2024 DIRECT DEPOSIT CLUTE, KEVIN 3,850.10 416356 11/8/2024 DIRECT DEPOSIT COBB, JOHN 2,116.10 416357 11/8/2024 DIRECT DEPOSIT COFFEY, GAVIN 2,036.38 416358 11/8/2024 DIRECT DEPOSIT COLEMAN, JACOB 1,645.73 416359 11/8/2024 DIRECT DEPOSIT COLEMAN, LEVI 2,957.54 416360 11/8/2024 DIRECT DEPOSIT COOPER, MIKAL 2,484.39 416361 11/8/2024 DIRECT DEPOSIT CORDERO, VINCENT 1,852.33 416362 11/8/2024 DIRECT DEPOSIT CORSO, JOHN 2,092.71 416363 11/8/2024 DIRECT DEPOSIT COTRONE, NICHOLAS 1,693.32 416364 11/8/2024 DIRECT DEPOSIT CRARY, WILLIAM 2,479.86 78 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416365 11/8/2024 DIRECT DEPOSIT CRAVEN, THOMAS 1,805.93 416366 11/8/2024 DIRECT DEPOSIT CRUSE, DEVIN 2,270.53 416367 11/8/2024 DIRECT DEPOSIT CUEVAS, RUBEN 3,166.62 416368 11/8/2024 DIRECT DEPOSIT CURTIS, COREY 1,854.16 416369 11/8/2024 DIRECT DEPOSIT DAMPIER, BRADLEY 2,528.09 416370 11/8/2024 DIRECT DEPOSIT DAMPIER, BRANDON 1,983.80 416371 11/8/2024 DIRECT DEPOSIT DANCY, GARRETT 1,715.77 416372 11/8/2024 DIRECT DEPOSIT DEBROWSKI, FRANCIS 2,240.31 416373 11/8/2024 DIRECT DEPOSIT DEKKER, ANTHONY 2,748.61 416374 11/8/2024 DIRECT DEPOSIT DEKKER, DUSTIN 2,479.78 416375 11/8/2024 DIRECT DEPOSIT DELASHMUTT, KEVIN 3,360.86 416376 11/8/2024 DIRECT DEPOSIT DELGADO, AUSTIN 1,559.61 416377 11/8/2024 DIRECT DEPOSIT DENT, RICHARD 3,566.52 416378 11/8/2024 DIRECT DEPOSIT DIAZ, NICHOLAS 2,823.81 416379 11/8/2024 DIRECT DEPOSIT DION, ROGER 3,093.14 416380 11/8/2024 DIRECT DEPOSIT DUNNE, COLIN 1,747.47 416381 11/8/2024 DIRECT DEPOSIT DUSKIN, MICHAEL 3,026.28 416382 11/8/2024 DIRECT DEPOSIT EDENFIELD-ERNSBERGER, TRISTAN 1,737.94 416383 11/8/2024 DIRECT DEPOSIT EFFEREN, ROBERT 2,064.05 416384 11/8/2024 DIRECT DEPOSIT EIRLS, MICHAEL 1,938.26 416385 11/8/2024 DIRECT DEPOSIT ELLISON, CRAIG 2,060.69 416386 11/8/2024 DIRECT DEPOSIT ESCOBEDO, PAUL 2,608.97 416387 11/8/2024 DIRECT DEPOSIT ESKEW, BRADLEY 2,810.75 416388 11/8/2024 DIRECT DEPOSIT ESPINOZA, JAMES 1,509.40 416389 11/8/2024 DIRECT DEPOSIT ESTELHOMME, BRIAN 2,187.39 416390 11/8/2024 DIRECT DEPOSIT FARRELL, SARAH 2,014.42 416391 11/8/2024 DIRECT DEPOSIT FEBRES-CORDERO, DYLLAN 1,906.38 416391 11/8/2024 DIRECT DEPOSIT FEBRES-CORDERO, DYLLAN 750.00 416392 11/8/2024 DIRECT DEPOSIT FIELDS, DAWSON 1,687.00 416393 11/8/2024 DIRECT DEPOSIT FIGAS, AUSTIN 1,752.72 416394 11/8/2024 DIRECT DEPOSIT FIGUEROA, JULIAN 1,850.59 416395 11/8/2024 DIRECT DEPOSIT FLOOD, STEPHEN 1,559.18 416395 11/8/2024 DIRECT DEPOSIT FLOOD, STEPHEN 700.00 416396 11/8/2024 DIRECT DEPOSIT FLORES, IVAN 2,081.41 416397 11/8/2024 DIRECT DEPOSIT FLORES, JULIO 2,210.29 416398 11/8/2024 DIRECT DEPOSIT FONTANA, RYAN 2,317.62 416399 11/8/2024 DIRECT DEPOSIT FORD, BRADLEY 1,927.02 416400 11/8/2024 DIRECT DEPOSIT FORGET, JUSTIN 3,907.68 416401 11/8/2024 DIRECT DEPOSIT FOWLER, SEAN 2,241.92 416402 11/8/2024 DIRECT DEPOSIT FOX, THOMAS 35.00 416402 11/8/2024 DIRECT DEPOSIT FOX, THOMAS 3,606.36 416403 11/8/2024 DIRECT DEPOSIT FRETWELL, JASON 2,706.29 416404 11/8/2024 DIRECT DEPOSIT FUCCI, JAMES 2,720.48 416405 11/8/2024 DIRECT DEPOSIT GABBARD, KYLE 3,733.35 416406 11/8/2024 DIRECT DEPOSIT GALLEGOS, MATTHEW 3,294.77 416407 11/8/2024 DIRECT DEPOSIT GEHRING, JOELY 2,812.66 416408 11/8/2024 DIRECT DEPOSIT GIACCIO, MICHAEL 484.76 416409 11/8/2024 DIRECT DEPOSIT GIBBONS, SEAN 4,046.89 416410 11/8/2024 DIRECT DEPOSIT GIBBONS, TREVOR 2,043.93 416411 11/8/2024 DIRECT DEPOSIT GILL, WADE 2,390.21 416412 11/8/2024 DIRECT DEPOSIT GILLIG, JUSTIN 2,481.58 416413 11/8/2024 DIRECT DEPOSIT GOICOECHEA, YOMAYRA 3,155.77 416414 11/8/2024 DIRECT DEPOSIT GOMBOS, RICHARD 1,940.90 416415 11/8/2024 DIRECT DEPOSIT GOMEZ, J JESUS 4,942.06 416416 11/8/2024 DIRECT DEPOSIT GOMEZ, RAMIRO 2,383.61 79 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416417 11/8/2024 DIRECT DEPOSIT GONZALEZ, JUSTIN 1,598.38 416418 11/8/2024 DIRECT DEPOSIT GOOD, MITCHELL 2,677.35 416419 11/8/2024 DIRECT DEPOSIT GOODRICH, EVYN 2,170.93 416420 11/8/2024 DIRECT DEPOSIT GOODSON, RYAN 1,611.35 416421 11/8/2024 DIRECT DEPOSIT GRANATH, JOHN 2,406.92 416422 11/8/2024 DIRECT DEPOSIT GRAUL, STEVEN 4,613.44 416423 11/8/2024 DIRECT DEPOSIT GREER, STEPHEN 3,221.06 416424 11/8/2024 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 100.00 416424 11/8/2024 DIRECT DEPOSIT GRUWELL, CHRISTOPHER 3,232.61 416425 11/8/2024 DIRECT DEPOSIT GUANCH, BRIAN 1,000.00 416425 11/8/2024 DIRECT DEPOSIT GUANCH, BRIAN 1,742.92 416426 11/8/2024 DIRECT DEPOSIT HAFFIELD, BRANDON 2,247.94 416427 11/8/2024 DIRECT DEPOSIT HAMILTON, CAMERON 2,173.77 416428 11/8/2024 DIRECT DEPOSIT HARKNESS, STEPHEN 2,301.35 416429 11/8/2024 DIRECT DEPOSIT HARLEY-OPPEL, KYLER 2,295.20 416430 11/8/2024 DIRECT DEPOSIT HARRIS, HEATH 2,336.59 416431 11/8/2024 DIRECT DEPOSIT HASKAS, STAMATIS 1,744.31 416432 11/8/2024 DIRECT DEPOSIT HATTON, CASEY 2,182.61 416433 11/8/2024 DIRECT DEPOSIT HAWKINS, DUSTIN 7,805.28 416434 11/8/2024 DIRECT DEPOSIT HELINSKI, MICHAEL 1,933.53 416435 11/8/2024 DIRECT DEPOSIT HENDERSON, CYNTHIA 2,357.83 416436 11/8/2024 DIRECT DEPOSIT HENDERSON, MARIO 4,767.50 416437 11/8/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 100.00 416437 11/8/2024 DIRECT DEPOSIT HERRINGTON, WILLIAM 2,967.15 416438 11/8/2024 DIRECT DEPOSIT HINSON, CHRISTOPHER 193.04 416438 11/8/2024 DIRECT DEPOSIT HINSON, CHRISTOPHER 2,220.02 416439 11/8/2024 DIRECT DEPOSIT HOLBROOK, JAMES 3,023.56 416440 11/8/2024 DIRECT DEPOSIT HOLMES, CODY 2,471.75 416441 11/8/2024 DIRECT DEPOSIT HOLTZCLAW, KYLE 2,142.19 416442 11/8/2024 DIRECT DEPOSIT HORNER, CHAD 2,472.49 416443 11/8/2024 DIRECT DEPOSIT HOWARD, WAYNE 150.00 416443 11/8/2024 DIRECT DEPOSIT HOWARD, WAYNE 3,328.63 416444 11/8/2024 DIRECT DEPOSIT HRUSOVSKY, MCGWIRE 1,584.16 416445 11/8/2024 DIRECT DEPOSIT HUGHES, DEVON 2,384.70 416446 11/8/2024 DIRECT DEPOSIT HURTADO, DANIEL 2,108.57 416447 11/8/2024 DIRECT DEPOSIT HYDE, JACOB 2,472.47 416448 11/8/2024 DIRECT DEPOSIT ISAACSON, ERIK 2,435.81 416449 11/8/2024 DIRECT DEPOSIT JENSEN, CASEY 3,296.21 416450 11/8/2024 DIRECT DEPOSIT JONES, CHRISTOPHER 3,320.53 416451 11/8/2024 DIRECT DEPOSIT JONES, DALTON 1,973.90 416452 11/8/2024 DIRECT DEPOSIT JONES, LAVIGNE 3,139.00 416453 11/8/2024 DIRECT DEPOSIT JUDSON, JASON 3,794.65 416454 11/8/2024 DIRECT DEPOSIT KAHL, BRANDON 50.00 416454 11/8/2024 DIRECT DEPOSIT KAHL, BRANDON 2,440.61 416455 11/8/2024 DIRECT DEPOSIT KARPINSKI, DODGE 2,985.38 416456 11/8/2024 DIRECT DEPOSIT KEARNS, OLIVER 1,691.76 416457 11/8/2024 DIRECT DEPOSIT KIERNAN, DAVID 3,172.77 416458 11/8/2024 DIRECT DEPOSIT KING, JOSEPH 2,267.95 416458 11/8/2024 DIRECT DEPOSIT KING, JOSEPH 600.00 416459 11/8/2024 DIRECT DEPOSIT KLAUSE, SHEENA 3,102.88 416460 11/8/2024 DIRECT DEPOSIT KOFKE, KYLE 1,000.00 416460 11/8/2024 DIRECT DEPOSIT KOFKE, KYLE 3,761.25 416461 11/8/2024 DIRECT DEPOSIT KOVATCH, NATHAN 2,607.80 416462 11/8/2024 DIRECT DEPOSIT KRAFT, MATTHEW 1,708.99 416463 11/8/2024 DIRECT DEPOSIT KRUEGER, RYAN 2,441.94 80 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416464 11/8/2024 DIRECT DEPOSIT LAMANA, PARRIS 1,254.26 416465 11/8/2024 DIRECT DEPOSIT LANG, GEOFFREY 250.00 416465 11/8/2024 DIRECT DEPOSIT LANG, GEOFFREY 1,557.32 416466 11/8/2024 DIRECT DEPOSIT LEGLEITNER, CHANDLER 1,694.49 416467 11/8/2024 DIRECT DEPOSIT LEWIS, BRAD 2,452.17 416468 11/8/2024 DIRECT DEPOSIT LLOYD, JAMES 2,924.43 416469 11/8/2024 DIRECT DEPOSIT LOGSDON, TYLER 2,804.41 416470 11/8/2024 DIRECT DEPOSIT LONDONO, ISAAC 1,731.92 416471 11/8/2024 DIRECT DEPOSIT LOPEZ, ERIC 2,521.32 416472 11/8/2024 DIRECT DEPOSIT LOUDERMILK, JEFFREY 2,246.94 416473 11/8/2024 DIRECT DEPOSIT LUCAS, DAVID 1,725.32 416474 11/8/2024 DIRECT DEPOSIT MACKINNON, JENNIFER 2,925.71 416475 11/8/2024 DIRECT DEPOSIT MAGUIRE, KEVIN 1,610.52 416476 11/8/2024 DIRECT DEPOSIT MAHAN, STEVEN 2,496.51 416477 11/8/2024 DIRECT DEPOSIT MARCHESINI, TODD 2,151.81 416478 11/8/2024 DIRECT DEPOSIT MARINI, STEVEN 1,634.19 416479 11/8/2024 DIRECT DEPOSIT MARQUES, CARLO 2,664.97 416480 11/8/2024 DIRECT DEPOSIT MARQUES, GABRIELLE 1,818.80 416481 11/8/2024 DIRECT DEPOSIT MARTINEZ, ALYSSA 2,047.58 416482 11/8/2024 DIRECT DEPOSIT MARTINEZ, GABRIEL 2,154.96 416483 11/8/2024 DIRECT DEPOSIT MASON, BRETT 2,026.04 416484 11/8/2024 DIRECT DEPOSIT MASTERS, DANIEL 3,319.52 416485 11/8/2024 DIRECT DEPOSIT MATHERLY, CHRISTOPHER 2,898.64 416486 11/8/2024 DIRECT DEPOSIT MAZZOLA, MICHAEL 2,250.60 416487 11/8/2024 DIRECT DEPOSIT MCAULIFFE, COLBY 2,274.05 416488 11/8/2024 DIRECT DEPOSIT MCCABE, BENJAMIN 2,231.65 416489 11/8/2024 DIRECT DEPOSIT MCCORMACK, SEAN 3,263.03 416490 11/8/2024 DIRECT DEPOSIT MCGINN, MATTHEW 2,388.17 416491 11/8/2024 DIRECT DEPOSIT MCLEOD, CODY 2,441.21 416492 11/8/2024 DIRECT DEPOSIT MCVAY, CHRISTOPHER 2,211.06 416493 11/8/2024 DIRECT DEPOSIT MEDINA, NICKOLAS 2,265.21 416494 11/8/2024 DIRECT DEPOSIT MEILAN, TOMAS 2,415.03 416495 11/8/2024 DIRECT DEPOSIT METZ, GIANNA 2,009.04 416496 11/8/2024 DIRECT DEPOSIT METZ, MATTHEW 2,128.30 416497 11/8/2024 DIRECT DEPOSIT MEYERS, KYLE 2,471.62 416498 11/8/2024 DIRECT DEPOSIT MINNS, KYLE 2,234.60 416499 11/8/2024 DIRECT DEPOSIT MIXON, SEAN 1,701.92 416500 11/8/2024 DIRECT DEPOSIT MONTPETIT, CHRISTOPHER 1,604.35 416501 11/8/2024 DIRECT DEPOSIT MOONEY, KEVIN 3,049.96 416501 11/8/2024 DIRECT DEPOSIT MOONEY, KEVIN 300.00 416502 11/8/2024 DIRECT DEPOSIT MORRIS, JOSHUA 2,430.34 416503 11/8/2024 DIRECT DEPOSIT MORRIS, NICOLE 3,102.44 416504 11/8/2024 DIRECT DEPOSIT MORRISON, JAMES 2,973.11 416505 11/8/2024 DIRECT DEPOSIT MOYER, HANNAH 2,094.99 416506 11/8/2024 DIRECT DEPOSIT MURPHY, ANDREW 2,068.29 416507 11/8/2024 DIRECT DEPOSIT NACHREINER, BRYCE 1,847.83 416508 11/8/2024 DIRECT DEPOSIT NADOLNY, VINCENT 2,709.30 416509 11/8/2024 DIRECT DEPOSIT NIELSEN, ALEX 2,161.98 416510 11/8/2024 DIRECT DEPOSIT NOGAREDA, JORDAN 1,918.49 416511 11/8/2024 DIRECT DEPOSIT NOHRR, JULI 2,724.86 416512 11/8/2024 DIRECT DEPOSIT NORAT, ALEXANDER 2,221.75 416513 11/8/2024 DIRECT DEPOSIT OCONNOR, JOHN 2,893.87 416514 11/8/2024 DIRECT DEPOSIT OHLER, MARK 1,735.00 416515 11/8/2024 DIRECT DEPOSIT OLIVER, LUKE 2,565.16 416516 11/8/2024 DIRECT DEPOSIT ORTIZ, TAYLOR 1,325.72 81 CHECK NUMBER 'CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416516 11/8/2024 DIRECT DEPOSIT ORTIZ, TAYLOR 150.00 416517 11/8/2024 DIRECT DEPOSIT OSGOOD, DAVID 2,190.75 416518 11/8/2024 DIRECT DEPOSIT OSTERMAN, TYLER 1,284.81 416518 11/8/2024 DIRECT DEPOSIT OSTERMAN, TYLER 321.20 416519 11/8/2024 DIRECT DEPOSIT PARKER, RYAN 3,798.58 416520 11/8/2024 DIRECT DEPOSIT PARKER, TYLER 3,023.08 416521 11/8/2024 DIRECT DEPOSIT PARKERSON, BRANDON 1,918.08 416522 11/8/2024 DIRECT DEPOSIT PARRIS, RYAN 1,945.42 416523 11/8/2024 DIRECT DEPOSIT PATTERSON, RYAN 1,864.94 416524 11/8/2024 DIRECT DEPOSIT PEDONTI, ZACHARY 2,644.08 416525 11/8/2024 DIRECT DEPOSIT PENA, ADAN 2,561.93 416526 11/8/2024 DIRECT DEPOSIT PENA, JONATHAN 1,540.05 416527 11/8/2024 DIRECT DEPOSIT PERDOMO, JAMES 1,881.09 416528 11/8/2024 DIRECT DEPOSIT PERRY, SEAN 1,752.88 416529 11/8/2024 DIRECT DEPOSIT PHAN, BRANDON 1,982.57 416530 11/8/2024 DIRECT DEPOSIT PLOURDE, HUNTER 2,151.86 416531 11/8/2024 DIRECT DEPOSIT POLLY, DONNIE 2,284.63 416532 11/8/2024 DIRECT DEPOSIT PORTER, TODD 668.98 416532 11/8/2024 DIRECT DEPOSIT PORTER, TODD 2,006.95 416533 11/8/2024 DIRECT DEPOSIT POWELL, STEVEN 2,380.90 416534 11/8/2024 DIRECT DEPOSIT PRESSLEY, JASON 2,653.77 416535 11/8/2024 DIRECT DEPOSIT QUIGLEY, BRENNAN 2,690.76 416536 11/8/2024 DIRECT DEPOSIT RAMIREZ, SELENA 2,003.12 416537 11/8/2024 DIRECT DEPOSIT RAMSEY, RYAN 1,506.77 416538 11/8/2024 DIRECT DEPOSIT RATTRAY, APRIL 3,502.78 416539 11/8/2024 DIRECT DEPOSIT RATTRAY, DAVID 3,557.86 416540 11/8/2024 DIRECT DEPOSIT RAULERSON, JAMESON 3,019.33 416541 11/8/2024 DIRECT DEPOSIT REARDON, JONATHAN 2,776.65 416542 11/8/2024 DIRECT DEPOSIT REY, DANIEL 1,764.87 416543 11/8/2024 DIRECT DEPOSIT REYES, LUIS 2,459.36 416544 11/8/2024 DIRECT DEPOSIT RICHARDS, BRADLEY 2,103.71 416545 11/8/2024 DIRECT DEPOSIT RICHTER, JOSEPH 2,987.42 416546 11/8/2024 DIRECT DEPOSIT RIVAS, ROBERT 3,728.19 416547 11/8/2024 DIRECT DEPOSIT ROBERTS, BRYAN 2,216.99 416548 11/8/2024 DIRECT DEPOSIT ROBERTSON, ZACHARY 2,064.95 416549 11/8/2024 DIRECT DEPOSIT ROBINSON, MARCUS 3,769.27 416550 11/8/2024 DIRECT DEPOSIT RODRIGUEZ, JATNIEL 1,989.30 416551 11/8/2024 DIRECT DEPOSIT ROTH, NICOLE 1,511.29 416552 11/8/2024 DIRECT DEPOSIT RUFF, CODY 2,705.58 416553 11/8/2024 DIRECT DEPOSIT RULE, MICHAEL 2,983.58 416554 11/8/2024 DIRECT DEPOSIT RUSSELL, DEREK 3,213.52 416555 11/8/2024 DIRECT DEPOSIT SALMON, JOHN 1,693.98 416556 11/8/2024 DIRECT DEPOSIT SANSONE, MICHAEL 2,930.16 416557 11/8/2024 DIRECT DEPOSIT SANTIAGO, JOSHUA 2,973.34 416558 11/8/2024 DIRECT DEPOSIT SAPP, JULIA 2,343.06 416559 11/8/2024 DIRECT DEPOSIT SCHAUMAN, ADAM 2,783.74 416560 11/8/2024 DIRECT DEPOSIT SCHILLING, THOMAS 2,982.57 416561 11/8/2024 DIRECT DEPOSIT SCHLOESSER, STEVEN 3,362.93 416562 11/8/2024 DIRECT DEPOSIT SELLERS, ANDREW 2,087.11 416563 11/8/2024 DIRECT DEPOSIT SHIELDS, WILLIAM 3,085.66 416564 11/8/2024 DIRECT DEPOSIT SHULTS, DEREK 2,661.73 416565 11/8/2024 DIRECT DEPOSIT SIMONS, BRADLEY 150.00 416565 11/8/2024 DIRECT DEPOSIT SIMONS, BRADLEY 2,138.01 416566 11/8/2024 DIRECT DEPOSIT SIMS, CHRISTINA 1,875.44 416567 11/8/2024 DIRECT DEPOSIT SINAGRA, MARC 2,849.79 82 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416568 11/8/2024 DIRECT DEPOSIT SKOK, ROBERT 3,465.08 416569 11/8/2024 DIRECT DEPOSIT SLACK, JOSEPH 1,992.47 416570 11/8/2024 DIRECT DEPOSIT SMITH, BRYANT 1,999.44 416571 11/8/2024 DIRECT DEPOSIT SMITH, JARED 2,102.17 416572 11/8/2024 DIRECT DEPOSIT SMITH, KAREN 2,195.19 416573 11/8/2024 DIRECT DEPOSIT SMITH, MICHAEL 1,744.95 416574 11/8/2024 DIRECT DEPOSIT SMITH, STEPHEN 2,382.88 416575 11/8/2024 DIRECT DEPOSIT SPARKMAN, CODY 3,074.18 416576 11/8/2024 DIRECT DEPOSIT SPRENGER, CONSTANT 2,069.70 416577 11/8/2024 DIRECT DEPOSIT SPRINGER, MORRIS 2,348.63 416578 11/8/2024 DIRECT DEPOSIT STAMM, JESSICA 1,859.90 416579 11/8/2024 DIRECT DEPOSIT STANFORD, BRIAN 1,436.37 416580 11/8/2024 DIRECT DEPOSIT STEELE, JOSHUA 4,061.46 416581 11/8/2024 DIRECT DEPOSIT STENGER, ANDREW 5,890.09 416582 11/8/2024 DIRECT DEPOSIT STEPHENS, TRAVIS 2,041.22 416583 11/8/2024 DIRECT DEPOSIT STEPHENS, ZACHARIA 2,864.03 416584 11/8/2024 DIRECT DEPOSIT STOTT, JESSICA 1,619.67 416585 11/8/2024 DIRECT DEPOSIT STURTEVANT, MARC 3,216.05 416586 11/8/2024 DIRECT DEPOSIT SWEATT, CODY 1,712.25 416587 11/8/2024 DIRECT DEPOSIT THOMPSON, CLINTON 1,731.48 416588 11/8/2024 DIRECT DEPOSIT THOMPSON, GRIFFIN 2,557.80 416589 11/8/2024 DIRECT DEPOSIT THOMPSON, ROBERT 1,751.52 416590 11/8/2024 DIRECT DEPOSIT THOMPSON, RUSSELL 4,041.67 416591 11/8/2024 DIRECT DEPOSIT TIERNEY, PATRICK 2,194.85 416592 11/8/2024 DIRECT DEPOSIT TOBIN, JUSTIN 2,628.20 416593 11/8/2024 DIRECT DEPOSIT TRENT, CHRISTOPHER 4,202.72 416594 11/8/2024 DIRECT DEPOSIT TROSKA, HUNTER 3,340.74 416595 11/8/2024 DIRECT DEPOSIT TURPIN, JENA 2,132.39 416596 11/8/2024 DIRECT DEPOSIT URSULEAN, FLORIN 3,014.80 416597 11/8/2024 DIRECT DEPOSIT URSULEAN, ZACHARY 1,567.86 416598 11/8/2024 DIRECT DEPOSIT USHER, ADAM 3,641.07 416599 11/8/2024 DIRECT DEPOSIT VELAZQUEZ, JOSHUA 1,762.89 416600 11/8/2024 DIRECT DEPOSIT VELIE, ANTHONY 2,529.68 416601 11/8/2024 DIRECT DEPOSIT WAGNER, BRANDON 3,096.17 416602 11/8/2024 DIRECT DEPOSIT WALKER, TYLER 1,949.71 416603 11/8/2024 DIRECT DEPOSIT WALLACE, JEREMY 2,578.11 416604 11/8/2024 DIRECT DEPOSIT WALLS, JOSEPH 3,499.96 416605 11/8/2024 DIRECT DEPOSIT WATKINS, BENJAMIN 2,216.11 416606 11/8/2024 DIRECT DEPOSIT WEAVER, TYLER 2,661.97 416607 11/8/2024 DIRECT DEPOSIT WELLS, MICHAEL 2,390.50 416608 11/8/2024 DIRECT DEPOSIT WELTER, JOSHUA 3,181.27 416609 11/8/2024 DIRECT DEPOSIT WENZEL, JACOB 2,117.36 416610 11/8/2024 DIRECT DEPOSIT WEST, RILEY 1,585.27 416610 11/8/2024 DIRECT DEPOSIT WEST, RILEY 679.40 416611 11/8/2024 DIRECT DEPOSIT WEST, ROSE 1,091.24 416612 11/8/2024 DIRECT DEPOSIT WESTERMAN, JAMES 2,340.30 416613 11/8/2024 DIRECT DEPOSIT WHITE, KEVIN 2,660.88 416614 11/8/2024 DIRECT DEPOSIT WILLMOT, WILLIAM 4,105.06 416615 11/8/2024 DIRECT DEPOSIT WILSNACK, ALEXANDER 2,444.84 416616 11/8/2024 DIRECT DEPOSIT WILSON, NEIL 2,803.34 416617 11/8/2024 DIRECT DEPOSIT WOODWARD, EDWARD 961.53 416618 11/8/2024 DIRECT DEPOSIT ZAVALA, ADRIAN 2,163.30 416619 11/8/2024 DIRECT DEPOSIT ZEDEK, STACY 2,590.63 416620 11/8/2024 DIRECT DEPOSIT PACHECO-HOEL, MARCELA 2,096.64 416621 11/8/2024 DIRECT DEPOSIT BRADLEY, DANIEL 1,463.23 83 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416622 11/8/2024 DIRECT DEPOSIT RACKARD, KAREN 2,288.87 416623 11/8/2024 DIRECT DEPOSIT BERGMAN, QUINTIN 2,016.81 416624 11/8/2024 DIRECT DEPOSIT STUCZYNSKI, JESSICA 1,888.84 416625 11/8/2024 DIRECT DEPOSIT VANGEISON, DUSTIN 1,997.82 416626 11/8/2024 DIRECT DEPOSIT BENSON, SHAWN 946.75 416627 11/8/2024 DIRECT DEPOSIT BOWLER, NANCY 50.00 416627 11/8/2024 DIRECT DEPOSIT BOWLER, NANCY 1,246.28 416628 11/8/2024 DIRECT DEPOSIT COX, BRANDON 1,324.36 416629 11/8/2024 DIRECT DEPOSIT DUNHAM, TREVOR 637.55 416630 11/8/2024 DIRECT DEPOSIT HEFFNER, KEITH 251.44 416631 11/8/2024 DIRECT DEPOSIT MALDONADO, ELI 662.94 416632 11/8/2024 DIRECT DEPOSIT OSBORNE, JANET 851.06 416633 11/8/2024 DIRECT DEPOSIT SELDES, JERROLD 2,627.15 416634 11/8/2024 DIRECT DEPOSIT SIRILLA, JOSEPH 943.20 416635 11/8/2024 DIRECT DEPOSIT SMITH, MICHAEL 1,164.94 416636 11/8/2024 DIRECT DEPOSIT TALARICO, FRANK 929.24 416637 11/8/2024 DIRECT DEPOSIT VACCARO, MICHAEL 824.62 416638 11/8/2024 DIRECT DEPOSIT WHITE, JOSEPH 1,778.99 416639 11/8/2024 DIRECT DEPOSIT BUNT, NANCY 4,999.67 416640 11/8/2024 DIRECT DEPOSIT COPELAND, KATHY 2,700.92 416641 11/8/2024 DIRECT DEPOSIT COURNOYER, CHRISTINA 500.00 416641 11/8/2024 DIRECT DEPOSIT COURNOYER, CHRISTINA 1,645.80 416642 11/8/2024 DIRECT DEPOSIT TITKANICH, JOHN 8,534.01 416642 11/8/2024 DIRECT DEPOSIT TITKANICH, JOHN 1,000.00 416643 11/8/2024 DIRECT DEPOSIT VOTZI, SHEILA 300.00 416643 11/8/2024 DIRECT DEPOSIT VOTZI, SHEILA 250.00 416643 11/8/2024 DIRECT DEPOSIT VOTZI, SHEILA 50.00 416643 11/8/2024 DIRECT DEPOSIT VOTZI, SHEILA 1,191.48 416644 11/8/2024 DIRECT DEPOSIT EMERSON, CYNTHIA 4,511.32 416645 11/8/2024 DIRECT DEPOSIT MILLER, MAYA 536.00 416645 11/8/2024 DIRECT DEPOSIT MILLER, MAYA 20.00 416645 11/8/2024 DIRECT DEPOSIT MILLER, MAYA 1,019.71 416645 11/8/2024 DIRECT DEPOSIT MILLER, MAYA 150.00 416646 11/8/2024 DIRECT DEPOSIT ZITO, MICHAEL 5,379.60 416647 11/8/2024 DIRECT DEPOSIT BOYLL, SUZANNE 3,972.04 416648 11/8/2024 DIRECT DEPOSIT FAULKNER, STACY 150.00 416648 11/8/2024 DIRECT DEPOSIT FAULKNER, STACY 3,265.48 416649 11/8/2024 DIRECT DEPOSIT HILL, CHEVY 1,368.94 416649 11/8/2024 DIRECT DEPOSIT HILL, CHEVY 100.00 416650 11/8/2024 DIRECT DEPOSIT KING, MICHAEL 2,513.93 416651 11/8/2024 DIRECT DEPOSIT MONTEROSSO, JORDAN 1,591.00 416651 11/8/2024 DIRECT DEPOSIT MONTEROSSO, JORDAN 100.00 416652 11/8/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 625.00 416652 11/8/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 400.00 416652 11/8/2024 DIRECT DEPOSIT NOWLIN, SHELLEY 1,016.31 416653 11/8/2024 DIRECT DEPOSIT O'SULLIVAN, SHEILA 200.00 416653 11/8/2024 DIRECT DEPOSIT O'SULLIVAN, SHEILA 1,957.30 416654 11/8/2024 DIRECT DEPOSIT BALTER, CHRISTOPHER 4,892.84 416655 11/8/2024 DIRECT DEPOSIT CHAREST, KATHERINE 2,352.88 416656 11/8/2024 DIRECT DEPOSIT FREEMAN, BRIAN 3,520.14 416657 11/8/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 25.00 416657 11/8/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 100.00 416657 11/8/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 275.00 416657 11/8/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 978.61 416657 11/8/2024 DIRECT DEPOSIT JOHNSON, PATRICIA 40.00 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416658 11/8/2024 DIRECT DEPOSIT MANN, JAMES 2,150.30 416659 11/8/2024 DIRECT DEPOSIT CREAGAN, BRANDON 2,697.38 416660 11/8/2024 DIRECT DEPOSIT HILL, MICHAEL 2,092.85 416661 11/8/2024 DIRECT DEPOSIT KLERLEIN, LEISA 1,308.76 416662 11/8/2024 DIRECT DEPOSIT MCLENDON, SCHUMETTA 2,078.33 416663 11/8/2024 DIRECT DEPOSIT MURPHY, PATRICK 2,875.70 416664 11/8/2024 DIRECT DEPOSIT OTTOSON, CARRIE 1,411.95 416665 11/8/2024 DIRECT DEPOSIT RAYNOR, DALLAS 1,489.79 416666 11/8/2024 DIRECT DEPOSIT SWEENEY, RYAN 200.00 416666 11/8/2024 DIRECT DEPOSIT SWEENEY, RYAN 3,165.42 416666 11/8/2024 DIRECT DEPOSIT SWEENEY, RYAN 200.00 416667 11/8/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 471.07 416667 11/8/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 658.00 416667 11/8/2024 DIRECT DEPOSIT THURMAN, CYNTHIA 1,500.00 416668 11/8/2024 DIRECT DEPOSIT TOOF, NICOLE 1,324.57 416669 11/8/2024 DIRECT DEPOSIT WOODY, LOGAN 1,398.72 416670 11/8/2024 DIRECT DEPOSIT ARNDT, MELISSA 2,004.95 416671 11/8/2024 DIRECT DEPOSIT AUTON, MICHELLE 1,663.40 416672 11/8/2024 DIRECT DEPOSIT BIRHANZL, JOHN 839.30 416673 11/8/2024 DIRECT DEPOSIT CLAUSS, PATRICIA 1,183.11 416674 11/8/2024 DIRECT DEPOSIT GINES, BARBARA 793.57 416675 11/8/2024 DIRECT DEPOSIT HENRY, CARRI 1,706.73 416676 11/8/2024 DIRECT DEPOSIT SINGLETARY, LINDA 993.38 416677 11/8/2024 DIRECT DEPOSIT BUCK, KELLY 2,317.92 416678 11/8/2024 DIRECT DEPOSIT CARTER SOLOMON, VANESSA 165.00 416678 11/8/2024 DIRECT DEPOSIT CARTER SOLOMON, VANESSA 2,209.30 416679 11/8/2024 DIRECT DEPOSIT DRISKELL, DAPHNE 1,729.84 416680 11/8/2024 DIRECT DEPOSIT FOLGER, MICHAEL 1,609.32 416681 11/8/2024 DIRECT DEPOSIT GIL, AMARIS 1,242.58 416682 11/8/2024 DIRECT DEPOSIT VAUGHT, DUSTIN 1,987.58 416683 11/8/2024 DIRECT DEPOSIT CARROLL, SHAWNA 1,389.38 416684 11/8/2024 DIRECT DEPOSIT CASANO, ELIZABETH 267.10 416684 11/8/2024 DIRECT DEPOSIT CASANO, ELIZABETH 1,513.59 416685 11/8/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 1,000.00 416685 11/8/2024 DIRECT DEPOSIT JOHNSON, JOSEPH 3,984.38 416686 11/8/2024 DIRECT DEPOSIT JONES, DONALD 2,310.64 416687 11/8/2024 DIRECT DEPOSIT LLOYD, RYAN 3,623.06 416688 11/8/2024 DIRECT DEPOSIT MARINI, RICHARD 3,246.70 416689 11/8/2024 DIRECT DEPOSIT PRIDGEON, JENNIFER 1,859.66 416690 11/8/2024 DIRECT DEPOSIT REYES, ALICIA 1,841.69 416691 11/8/2024 DIRECT DEPOSIT REYES, ERIN 1,920.14 416692 11/8/2024 DIRECT DEPOSIT RICHARDS, DONNA 1,057.82 416693 11/8/2024 DIRECT DEPOSIT SMILOVICH, MICHAEL 2,273.72 416694 11/8/2024 DIRECT DEPOSIT WISHARD, SHARYNE 27.50 416694 11/8/2024 DIRECT DEPOSIT WISHARD, SHARYNE 20.00 416694 11/8/2024 DIRECT DEPOSIT WISHARD, SHARYNE 62.50 416694 11/8/2024 DIRECT DEPOSIT WISHARD, SHARYNE 1,336.64 416694 11/8/2024 DIRECT DEPOSIT WISHARD, SHARYNE 150.00 416695 11/8/2024 DIRECT DEPOSIT ARSENEAU, JASON 1,617.17 416696 11/8/2024 DIRECT DEPOSIT BARTEE, JAMES 1,714.31 416697 11/8/2024 DIRECT DEPOSIT BRISTOL, SAMUEL 1,013.62 416698 11/8/2024 DIRECT DEPOSIT BROWN, LOUIS 1,148.09 416699 11/8/2024 DIRECT DEPOSIT CASAS, RAY 1,692.80 416699 11/8/2024 DIRECT DEPOSIT CASAS, RAY 45.00 416700 11/8/2024 DIRECT DEPOSIT DEWSON, WILLIAM 1,170.38 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416701 11/8/2024 DIRECT DEPOSIT DORNEY, RONALD 1,240.69 416702 11/8/2024 DIRECT DEPOSIT DUKE, JUSTIN 1,517.32 416703 11/8/2024 DIRECT DEPOSIT ELLI, ANTON 1,718.03 416704 11/8/2024 DIRECT DEPOSIT HISLE, IVAN 1,175.13 416705 11/8/2024 DIRECT DEPOSIT JASPER, RICARDO 1,679.02 416706 11/8/2024 DIRECT DEPOSIT JEFFERSON, LORENZO 2,165.99 416707 11/8/2024 DIRECT DEPOSIT KNAUER, HARVEY 1,735.93 416708 11/8/2024 DIRECT DEPOSIT LEWIS, RICCO 1,133.25 416709 11/8/2024 DIRECT DEPOSIT LUFT, MICHAEL 1,409.79 416710 11/8/2024 DIRECT DEPOSIT MIEHLE, DANIEL 1,667.62 416711 11/8/2024 DIRECT DEPOSIT MORGAN, MARQUIS 1,125.13 416712 11/8/2024 DIRECT DEPOSIT MOSLEY, IRA 1,377.87 416713 11/8/2024 DIRECT DEPOSIT NOEL, INOBERT 1,525.22 416714 11/8/2024 DIRECT DEPOSIT PANTOJA, ANTHONY 1,177.13 416715 11/8/2024 DIRECT DEPOSIT POWELL, ELIZABETH 50.00 416715 11/8/2024 DIRECT DEPOSIT POWELL, ELIZABETH 4,114.59 416716 11/8/2024 DIRECT DEPOSIT REED, JIMMY 1,336.25 416717 11/8/2024 DIRECT DEPOSIT REESE, PAUL 1,139.77 416718 11/8/2024 DIRECT DEPOSIT ROSECRANTS, PHILLIP 1,208.30 416719 11/8/2024 DIRECT DEPOSIT SHEDAKER, MICHAEL 1,161.55 416720 11/8/2024 DIRECT DEPOSIT SMITH, DOUGLAS 1,310.33 416721 11/8/2024 DIRECT DEPOSIT SMITH, LORI 1,731.86 416722 11/8/2024 DIRECT DEPOSIT STAAR, MICHAEL 1,639.23 416723 11/8/2024 DIRECT DEPOSIT VENTO, JAMES 1,387.50 416724 11/8/2024 DIRECT DEPOSIT WHITE, RALPH 1,498.94 416725 11/8/2024 DIRECT DEPOSIT WOODS, DANIEL 1,659.93 416726 11/8/2024 DIRECT DEPOSIT YATES, WILLIAM 1,646.98 416727 11/8/2024 DIRECT DEPOSIT BENITO, LISSELOTTE 1,396.76 416727 11/8/2024 DIRECT DEPOSIT BENITO, LISSELOTTE 25.00 416728 11/8/2024 DIRECT DEPOSIT CATAPANO, ROBERT 1,806.79 416729 11/8/2024 DIRECT DEPOSIT KENDRICK, MEGAN 2,993.36 416730 11/8/2024 DIRECT DEPOSIT FLORIAN, YVONNE 1,372.56 416731 11/8/2024 DIRECT DEPOSIT LAZZARI ESTEVEZ, ANDREA 1,183.15 416732 11/8/2024 DIRECT DEPOSIT MORAN, MORGAN 674.20 416733 11/8/2024 DIRECT DEPOSIT MUNROE, LESLIE 125.00 416733 11/8/2024 DIRECT DEPOSIT MUNROE, LESLIE 788.46 416734 11/8/2024 DIRECT DEPOSIT ALLEY, EDMOND 1,151.81 416735 11/8/2024 DIRECT DEPOSIT AZZOLINI, DENNIS 1,821.44 416736 11/8/2024 DIRECT DEPOSIT BAKER, BENJAMIN 2,310.01 416737 11/8/2024 DIRECT DEPOSIT BALFE, RYAN 1,471.62 416738 11/8/2024 DIRECT DEPOSIT BELL, THOMAS 1,694.54 416739 11/8/2024 DIRECT DEPOSIT BERGINC, CHARLES 1,773.88 416740 11/8/2024 DIRECT DEPOSIT BESAW, BRIAN 1,425.74 416741 11/8/2024 DIRECT DEPOSIT BLUM, PHILIP 2,219.71 416742 11/8/2024 DIRECT DEPOSIT BURRELL, HARRY 1,422.76 416743 11/8/2024 DIRECT DEPOSIT CARDELL, BURKE 1,695.65 416744 11/8/2024 DIRECT DEPOSIT CONKLIN, DANIEL 1,523.62 416745 11/8/2024 DIRECT DEPOSIT COPPERSMITH, JOHN 2,197.19 416746 11/8/2024 DIRECT DEPOSIT CUNNINGHAM, TODD 1,731.77 416747 11/8/2024 DIRECT DEPOSIT CURRY, IRA 2,038.98 416748 11/8/2024 DIRECT DEPOSIT DRAWDY, PAULA 1,241.38 416749 11/8/2024 DIRECT DEPOSIT EDMOND, MAXIME 1,381.11 416750 11/8/2024 DIRECT DEPOSIT ELLIS, CHRISTIAN 1,339.51 416751 11/8/2024 DIRECT DEPOSIT FRALIX, RIDGE 1,433.90 416752 11/8/2024 DIRECT DEPOSIT GILLETTE, TRAVIS 1,680.73 86 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416753 11/8/2024 DIRECT DEPOSIT HANSEN, SCOTT 1,684.50 416754 11/8/2024 DIRECT DEPOSIT HATFIELD, THOMAS 2,038.34 416755 11/8/2024 DIRECT DEPOSIT HAYNES, PAUL 1,175.01 416756 11/8/2024 DIRECT DEPOSIT HICKS, TROY 1,225.78 416757 11/8/2024 DIRECT DEPOSIT HILLS, JOHNATHAN 1,255.92 416758 11/8/2024 DIRECT DEPOSIT HUBLER, DARREL 2,789.68 416759 11/8/2024 DIRECT DEPOSIT KERSHAW, DAMON 1,411.96 416760 11/8/2024 DIRECT DEPOSIT LANCE, KENNETH 55.00 416760 11/8/2024 DIRECT DEPOSIT LANCE, KENNETH 400.00 416760 11/8/2024 DIRECT DEPOSIT LANCE, KENNETH 976.61 416760 11/8/2024 DIRECT DEPOSIT LANCE, KENNETH 135.00 416761 11/8/2024 DIRECT DEPOSIT LIGUORI, JAMES 1,911.02 416762 11/8/2024 DIRECT DEPOSIT MADDOX, BOBBY 1,328.33 416763 11/8/2024 DIRECT DEPOSIT MARX, AUSTIN 1,334.62 416764 11/8/2024 DIRECT DEPOSIT MATHESON, CHRISTOPHER 1,608.50 416765 11/8/2024 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 1,408.21 416765 11/8/2024 DIRECT DEPOSIT MCLAUGHLIN, KEVIN 385.00 416766 11/8/2024 DIRECT DEPOSIT MEND, JULIANNE 906.31 416766 11/8/2024 DIRECT DEPOSIT MEND, JULIANNE 159.94 416767 11/8/2024 DIRECT DEPOSIT MILAS, BARBARA 1,656.56 416768 11/8/2024 DIRECT DEPOSIT MORSE, JEFFREY 2,015.47 416769 11/8/2024 DIRECT DEPOSIT NELSON, BRIAN 224.00 416769 11/8/2024 DIRECT DEPOSIT NELSON, BRIAN 1,591.04 416770 11/8/2024 DIRECT DEPOSIT OOLEY, DANNY 2,595.32 416771 11/8/2024 DIRECT DEPOSIT PEABODY, BRENT 1,665.73 416772 11/8/2024 DIRECT DEPOSIT REDDIE, FITZROY 1,891.39 416773 11/8/2024 DIRECT DEPOSIT ROONEY, ROBERT 1,580.89 416774 11/8/2024 DIRECT DEPOSIT SEYMOUR, SETH 1,269.29 416775 11/8/2024 DIRECT DEPOSIT SHAPIRO, ROBERT 1,944.90 416776 11/8/2024 DIRECT DEPOSIT SLEEMAN, DENISE 2,244.94 416777 11/8/2024 DIRECT DEPOSIT SMITH, MATTHEW 1,453.23 416778 11/8/2024 DIRECT DEPOSIT SOTO, EMERSON 1,799.18 416779 11/8/2024 DIRECT DEPOSIT STEPHENS, LAYNE 2,306.33 416780 11/8/2024 DIRECT DEPOSIT STEPHENS, LAYNE 1,546.47 416781 11/8/2024 DIRECT DEPOSIT SUMMERFIELD, GEORGE 1,787.60 416782 11/8/2024 DIRECT DEPOSIT TARANTINO, MARK 1,686.23 416782 11/8/2024 DIRECT DEPOSIT TARANTINO, MARK 200.00 416783 11/8/2024 DIRECT DEPOSIT TRUSTY, JAMAR 1,982.12 416784 11/8/2024 DIRECT DEPOSIT VOLGARINO, CARL 1,662.02 416785 11/8/2024 DIRECT DEPOSIT WARD, HERSHEL 2,525.94 416786 11/8/2024 DIRECT DEPOSIT WILLIAMS, CHARLES 1,321.36 416787 11/8/2024 DIRECT DEPOSIT WILSON, WILLIAM 2,121.65 416788 11/8/2024 DIRECT DEPOSIT YOUNG, PARK 1,621.35 416789 11/8/2024 DIRECT DEPOSIT JONES, TRAVIS 1,472.08 416790 11/8/2024 DIRECT DEPOSIT LINGWOOD, ASHLEY 2,319.08 416791 11/8/2024 DIRECT DEPOSIT RODDENBERRY, OLIVIA 1,673.86 416791 11/8/2024 DIRECT DEPOSIT RODDENBERRY, OLIVIA 88.10 416792 11/8/2024 DIRECT DEPOSIT SWINDELL, WENDY 2,358.41 416793 11/8/2024 DIRECT DEPOSIT TAYLOR, JOSEPH 1,416.92 416794 11/8/2024 DIRECT DEPOSIT BALL, SHELBY 1,545.82 416795 11/8/2024 DIRECT DEPOSIT HYDE, JENNIFER 2,709.56 416796 11/8/2024 DIRECT DEPOSIT LYSTLUND, DIANE 2,032.90 416797 11/8/2024 DIRECT DEPOSIT ALLEN, NANCY 1,687.50 416798 11/8/2024 DIRECT DEPOSIT BESANCON, LAURIE 1,744.12 416799 11/8/2024 DIRECT DEPOSIT HARRINGTON, LISA 1,328.36 87 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416800 11/8/2024 DIRECT DEPOSIT JACKSON, SHAQUALIA 2,196.20 416801 11/8/2024 DIRECT DEPOSIT JONES, RONALD 3,162.82 416802 11/8/2024 DIRECT DEPOSIT LEMONS, VALERIE 1,711.55 416803 11/8/2024 DIRECT DEPOSIT MEHTA, HIMANSHU 1,600.00 416803 11/8/2024 DIRECT DEPOSIT MEHTA, HIMANSHU 2,181.47 416804 11/8/2024 DIRECT DEPOSIT MENDEZ, MARISOL 1,391.22 416805 11/8/2024 DIRECT DEPOSIT PERSON, ANTOWAIN 1,672.58 416806 11/8/2024 DIRECT DEPOSIT STREETER, VONNIE 1,938.20 416807 11/8/2024 DIRECT DEPOSIT CASALINA, NICHOLAS 250.00 416807 11/8/2024 DIRECT DEPOSIT CASALINA, NICHOLAS 2,417.83 416808 11/8/2024 DIRECT DEPOSIT EVERHART, COLBY 978.57 416809 11/8/2024 DIRECT DEPOSIT FLOOD, DOUGLAS 287.28 416809 11/8/2024 DIRECT DEPOSIT FLOOD, DOUGLAS 1,149.11 416810 11/8/2024 DIRECT DEPOSIT GARRETT, KEITH 85.00 416810 11/8/2024 DIRECT DEPOSIT GARRETT, KEITH 2,035.13 416811 11/8/2024 DIRECT DEPOSIT GEE, DAVID 1,216.90 416812 11/8/2024 DIRECT DEPOSIT GOLD, JASON 2,157.56 416813 11/8/2024 DIRECT DEPOSIT HAINES, ROBERT 1,271.40 416814 11/8/2024 DIRECT DEPOSIT LIST, TERRY 1,896.46 416815 11/8/2024 DIRECT DEPOSIT LOVEDAY, MICHAEL 2,728.92 416816 11/8/2024 DIRECT DEPOSIT MATHIS, JEFF 1,644.07 416817 11/8/2024 DIRECT DEPOSIT MESSER, CHARLES 150.00 416817 11/8/2024 DIRECT DEPOSIT MESSER, CHARLES 2,460.76 416818 11/8/2024 DIRECT DEPOSIT PARILLO, TRAVIS 1,322.10 416819 11/8/2024 DIRECT DEPOSIT PATTESON, SCOTT 780.41 416819 11/8/2024 DIRECT DEPOSIT PATTESON, SCOTT 750.00 416820 11/8/2024 DIRECT DEPOSIT SMITH, LEVI 1,843.38 416821 11/8/2024 DIRECT DEPOSIT STEFFEN, KURT 255.00 416821 11/8/2024 DIRECT DEPOSIT STEFFEN, KURT 1,921.03 416822 11/8/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 48.69 416822 11/8/2024 DIRECT DEPOSIT ANDERSON, MICHAEL 2,385.58 416823 11/8/2024 DIRECT DEPOSIT BAKER, RAYMOND 20.00 416823 11/8/2024 DIRECT DEPOSIT BAKER, RAYMOND 10.00 416823 11/8/2024 DIRECT DEPOSIT BAKER, RAYMOND 2,359.64 416823 11/8/2024 DIRECT DEPOSIT BAKER, RAYMOND 250.00 416824 11/8/2024 DIRECT DEPOSIT BEARDSLEY, JOHN 1,798.86 416825 11/8/2024 DIRECT DEPOSIT BISHOP, DANIEL 212.42 416825 11/8/2024 DIRECT DEPOSIT BISHOP, DANIEL 1,911.78 416826 11/8/2024 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 125.00 416826 11/8/2024 DIRECT DEPOSIT CARPENTER, CHRISTOPHER 2,276.28 416827 11/8/2024 DIRECT DEPOSIT CHURCH, MICHAEL 1,764.18 416828 11/8/2024 DIRECT DEPOSIT CORBETT, BRETT 1,671.06 416829 11/8/2024 DIRECT DEPOSIT CROSBY, WILLIAM 1,113.25 416830 11/8/2024 DIRECT DEPOSIT D'ANGELO, COLLEEN 2,508.90 416831 11/8/2024 DIRECT DEPOSIT DAILEY, LAWRENCE 2,511.85 416832 11/8/2024 DIRECT DEPOSIT EVERHART, MARK STEVE 2,365.92 416833 11/8/2024 DIRECT DEPOSIT FONVIELLE, JARED 2,517.09 416834 11/8/2024 DIRECT DEPOSIT LIBERUS, LEON 2,011.19 416834 11/8/2024 DIRECT DEPOSIT LIBERUS, LEON 700.00 416835 11/8/2024 DIRECT DEPOSIT O'CONNELL, TIMOTHY 2,788.22 416836 11/8/2024 DIRECT DEPOSIT QUINLIVAN, STEVEN 2,385.69 416837 11/8/2024 DIRECT DEPOSIT SCHOONMAKER, JOHN 1,226.66 416838 11/8/2024 DIRECT DEPOSIT TAPPEN, AARON 2,058.25 416839 11/8/2024 DIRECT DEPOSIT THIELE, MICHAEL 592.35 416839 11/8/2024 DIRECT DEPOSIT THIELE, MICHAEL 2,369.39 88 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416840 11/8/2024 DIRECT DEPOSIT VERNON, MICHAEL 1,849.54 416841 11/8/2024 DIRECT DEPOSIT WALLACE, ALEXANDER 1,594.18 416842 11/8/2024 DIRECT DEPOSIT WHITEHEAD, ROBERT 1,662.42 416843 11/8/2024 DIRECT DEPOSIT BARRETT, SHANE 1,595.41 416844 11/8/2024 DIRECT DEPOSIT BELCHER, WILLIAM 2,700.26 416845 11/8/2024 DIRECT DEPOSIT DEAN, MICHELLE 1,499.58 416846 11/8/2024 DIRECT DEPOSIT DELAPAZ, NORBERTO 1,263.23 416847 11/8/2024 DIRECT DEPOSIT EVANS, TONY 1,428.15 416848 11/8/2024 DIRECT DEPOSIT GLENTON, JOHN 164.63 416849 11/8/2024 DIRECT DEPOSIT HARRINGTON, RICHARD 1,343.08 416850 11/8/2024 DIRECT DEPOSIT HIBBARD, TOBY 1,637.78 416851 11/8/2024 DIRECT DEPOSIT KEMP, HAROLD 350.00 416851 11/8/2024 DIRECT DEPOSIT KEMP, HAROLD 2,168.47 416852 11/8/2024 DIRECT DEPOSIT LAMPKIN, TORYANA 1,475.44 416853 11/8/2024 DIRECT DEPOSIT LAWSON, ANDREW 2,186.43 416854 11/8/2024 DIRECT DEPOSIT LYNCH, MARKEI 1,547.24 416855 11/8/2024 DIRECT DEPOSIT MORGAN, JESSE 2,538.27 416856 11/8/2024 DIRECT DEPOSIT SIMCHICK, EDWARD 1,424.52 416857 11/8/2024 DIRECT DEPOSIT SMITH, DEWAYNE 1,510.96 416858 11/8/2024 DIRECT DEPOSIT WASHBURN, DAVID 1,373.12 416859 11/8/2024 DIRECT DEPOSIT WILES, GARY 50.00 416859 11/8/2024 DIRECT DEPOSIT WILES, GARY 1,732.88 416860 11/8/2024 DIRECT DEPOSIT YARUSINSKY, SEAN 1,612.88 416861 11/8/2024 DIRECT DEPOSIT ZANCA, LEONARD 1,617.30 416862 11/8/2024 DIRECT DEPOSIT BUSH, STACEY 2,019.13 416863 11/8/2024 DIRECT DEPOSIT CARDENAS, YAIMA 1,215.23 416864 11/8/2024 DIRECT DEPOSIT MARTINEZ, SYBIA 1,200.12 416865 11/8/2024 DIRECT DEPOSIT PLOURDE, GILTON 1,608.65 416866 11/8/2024 DIRECT DEPOSIT RAMOS, ANNA 1,493.05 416867 11/8/2024 DIRECT DEPOSIT ESTRADA POSADA, MARIANA 1,142.16 416868 11/8/2024 DIRECT DEPOSIT CHINYANGANYA, SIPHIKELELO 2,102.80 416869 11/8/2024 DIRECT DEPOSIT LAMBERT, BRIANA 1,458.28 416870 11/8/2024 DIRECT DEPOSIT VALENTIN, JEYLAND 1,367.52 416871 11/8/2024 DIRECT DEPOSIT BOMMARITO, RUTH 200.00 416871 11/8/2024 DIRECT DEPOSIT BOMMARITO, RUTH 2,583.68 416872 11/8/2024 DIRECT DEPOSIT GABA, CECILIA 1,706.10 416873 11/8/2024 DIRECT DEPOSIT DANIELS, KRISTIN 3,684.86 416873 11/8/2024 DIRECT DEPOSIT DANIELS, KRISTIN 1,000.00 416874 11/8/2024 DIRECT DEPOSIT KRISS, ELISE 2,659.82 416875 11/8/2024 DIRECT DEPOSIT ZIRKLE, RHONDA 1,344.66 416876 11/8/2024 DIRECT DEPOSIT CHAREST, ERIC 70.00 416876 11/8/2024 DIRECT DEPOSIT CHAREST, ERIC 3,318.54 416877 11/8/2024 DIRECT DEPOSIT DRAWDY GLASS, SIDNEY 1,913.43 416878 11/8/2024 DIRECT DEPOSIT GUERRA, REBECA 3,062.77 416879 11/8/2024 DIRECT DEPOSIT HITT, STEVEN 1,873.30 416880 11/8/2024 DIRECT DEPOSIT PAVAN, EDGAR 556.02 416880 11/8/2024 DIRECT DEPOSIT PAYAN, EDGAR 700.00 416881 11/8/2024 DIRECT DEPOSIT YANCHULA, KYLIE 3,759.45 416882 11/8/2024 DIRECT DEPOSIT ADAMS, AYESHA 1,340.95 416883 11/8/2024 DIRECT DEPOSIT CARBONELL, GUILLERMO 3,793.68 416884 11/8/2024 DIRECT DEPOSIT CARD, TABITHA 1,289.08 416884 11/8/2024 DIRECT DEPOSIT CARD, TABITHA 67.85 416885 11/8/2024 DIRECT DEPOSIT CHECCHI, DAVID 2,092.49 416886 11/8/2024 DIRECT DEPOSIT CHEER, WILLIAM 2,862.76 416887 11/8/2024 DIRECT DEPOSIT CLAYBURN, GRAHAM 3,242.31 89 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416888 11/8/2024 DIRECT DEPOSIT CLEMENTS, COLBY 2,188.41 416889 11/8/2024 DIRECT DEPOSIT COLLINS, MICHAEL 1,573.51 416890 11/8/2024 DIRECT DEPOSIT DENNIS, PETER 1,932.17 416891 11/8/2024 DIRECT DEPOSIT DERBY, NATHAN 2,029.16 416892 11/8/2024 DIRECT DEPOSIT DOUTRICH, MICHAEL 4,388.78 416893 11/8/2024 DIRECT DEPOSIT DUNKERLEY, RICK 1,539.48 416894 11/8/2024 DIRECT DEPOSIT GILBERT, KELLY 1,860.42 416895 11/8/2024 DIRECT DEPOSIT GLOWACKI, ANDREW 1,707.37 416896 11/8/2024 DIRECT DEPOSIT GREGORY, JULIE 1,498.88 416897 11/8/2024 DIRECT DEPOSIT GUTHRIE, ASHLEY 1,330.12 416898 11/8/2024 DIRECT DEPOSIT HEATH, BRIANNA 1,023.07 416898 11/8/2024 DIRECT DEPOSIT HEATH, BRIANNA 50.00 416899 11/8/2024 DIRECT DEPOSIT HEFFNER, SCOTT 2,811.75 416900 11/8/2024 DIRECT DEPOSIT INMAN, DANIEL 2,556.62 416901 11/8/2024 DIRECT DEPOSIT LUNDEEN, ERIKA 4,343.20 416902 11/8/2024 DIRECT DEPOSIT MARINO, APRIL 2,747.28 416903 11/8/2024 DIRECT DEPOSIT MCADAM, SCOTT 4,293.21 416904 11/8/2024 DIRECT DEPOSIT MCFARLAND, RODNEY 1,112.53 416905 11/8/2024 DIRECT DEPOSIT MORRIS, RUSSELL 2,526.54 416906 11/8/2024 DIRECT DEPOSIT MOSSMAN, RAYMOND 3,002.54 416907 11/8/2024 DIRECT DEPOSIT NEWMAN, KATHARINE 1,272.62 416908 11/8/2024 DIRECT DEPOSIT ORCEAN, KEYETTA 1,791.18 416909 11/8/2024 DIRECT DEPOSIT PEREZ, MARELYN 1,418.10 416910 11/8/2024 DIRECT DEPOSIT RAMOS, NICOLAS 2,623.62 416911 11/8/2024 DIRECT DEPOSIT REEVES, CANDICE 2,052.65 416912 11/8/2024 DIRECT DEPOSIT SHAW, EVA 1,326.32 416913 11/8/2024 DIRECT DEPOSIT SHOFF, TODD 2,444.72 416914 11/8/2024 DIRECT DEPOSIT SMITH, ROBERT 2,694.60 416915 11/8/2024 DIRECT DEPOSIT VALENCIA, ALBA 2,679.65 416916 11/8/2024 DIRECT DEPOSIT ACKISON, NICHOLAS 1,818.26 416917 11/8/2024 DIRECT DEPOSIT BEAVERS, BRYAN 2,902.70 416918 11/8/2024 DIRECT DEPOSIT BERTON, SOLOMON 1,695.16 416919 11/8/2024 DIRECT DEPOSIT CARPENTER, PATRIC 1,613.54 416920 11/8/2024 DIRECT DEPOSIT EDDINGER, RODNEY 2,173.88 416921 11/8/2024 DIRECT DEPOSIT GORE, EDWIN 1,477.38 416922 11/8/2024 DIRECT DEPOSIT HANSEN, SUZI 200.00 416922 11/8/2024 DIRECT DEPOSIT HANSEN, SUZI 200.00 416922 11/8/2024 DIRECT DEPOSIT HANSEN, SUZI 1,260.59 416923 11/8/2024 DIRECT DEPOSIT HAWKINS, NICHOLAS 1,975.62 416924 11/8/2024 DIRECT DEPOSIT LIESKE, SEAN 4,607.20 416925 11/8/2024 DIRECT DEPOSIT MECKES, RICHARD 3,426.77 416926 11/8/2024 DIRECT DEPOSIT RICHARDS, HOWARD 4,321.27 416927 11/8/2024 DIRECT DEPOSIT ROLAND, JESSE 2,009.65 416928 11/8/2024 DIRECT DEPOSIT SHATARA, JIHAD 2,371.99 416929 11/8/2024 DIRECT DEPOSIT SMITH, MICHAEL 2,086.48 416930 11/8/2024 DIRECT DEPOSIT TOBAR, ROBERT 80.17 416930 11/8/2024 DIRECT DEPOSIT TOBAR, ROBERT 2,210.41 416931 11/8/2024 DIRECT DEPOSIT TYRPAK, CHRISTINA 1,672.78 416932 11/8/2024 DIRECT DEPOSIT VEGA, JOSE 1,855.69 416933 11/8/2024 DIRECT DEPOSIT YOUNGBLOOD, HARRISON 3,523.58 416934 11/8/2024 DIRECT DEPOSIT BUERKEL, JAMES 994.38 416935 11/8/2024 DIRECT DEPOSIT BUNNELL, JEFFREY 533.71 416936 11/8/2024 DIRECT DEPOSIT CAPPUCCIO, PATRICIA 326.77 416937 11/8/2024 DIRECT DEPOSIT CARR, DONALD 371.50 416938 11/8/2024 DIRECT DEPOSIT CLARK, JONATHAN 1,487.56 90 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416939 11/8/2024 DIRECT DEPOSIT CONROY, JAMES 626.79 416940 11/8/2024 DIRECT DEPOSIT DONOVAN, JAMES 309.42 416941 11/8/2024 DIRECT DEPOSIT EMERY, HENRY 532.50 416942 11/8/2024 DIRECT DEPOSIT FAIRBANK, STEVEN 452.29 416943 11/8/2024 DIRECT DEPOSIT GOSSELIN, MARC 597.64 416944 11/8/2024 DIRECT DEPOSIT GRIGSBY, JAMES 569.75 416945 11/8/2024 DIRECT DEPOSIT HEDGECOCK, KENDALL 1,453.24 416946 11/8/2024 DIRECT DEPOSIT HOOT, CHARLES 642.62 416947 11/8/2024 DIRECT DEPOSIT KENNEDY, PATRICK 557.56 416948 11/8/2024 DIRECT DEPOSIT KLERLEIN, PAUL 1,243.27 416949 11/8/2024 DIRECT DEPOSIT MAHONEY, FRANCIS 810.92 416950 11/8/2024 DIRECT DEPOSIT MCMANUS, HERBERT 460.88 416951 11/8/2024 DIRECT DEPOSIT NAGY, BELA 3,456.40 416952 11/8/2024 DIRECT DEPOSIT NORRMAN, ROY 601.82 416953 11/8/2024 DIRECT DEPOSIT PINE, MARK 682.94 416954 11/8/2024 DIRECT DEPOSIT REGAN, JAMES 656.93 416955 11/8/2024 DIRECT DEPOSIT SMITH, DONALD 424.21 416956 11/8/2024 DIRECT DEPOSIT TOOF, BRIAN 707.35 416957 11/8/2024 DIRECT DEPOSIT TYNER, JAMES 627.50 416958 11/8/2024 DIRECT DEPOSIT WINDLAN, MATTHEW 575.15 416959 11/8/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 15.00 416959 11/8/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 2,316.62 416959 11/8/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 300.00 416960 11/8/2024 DIRECT DEPOSIT BALSAMO, THOMAS 1,625.00 416960 11/8/2024 DIRECT DEPOSIT BALSAMO, THOMAS 858.92 416961 11/8/2024 DIRECT DEPOSIT BETHEL, MICHAEL 1,688.15 416962 11/8/2024 DIRECT DEPOSIT DIETRICH, ERIC 2,007.62 416963 11/8/2024 DIRECT DEPOSIT DIXON, CRESHENA 2,272.88 416964 11/8/2024 DIRECT DEPOSIT GLASS, ZACHARY 1,771.66 416965 11/8/2024 DIRECT DEPOSIT HAMBERGER, DAREN 2,177.85 416966 11/8/2024 DIRECT DEPOSIT HEGI, PAULA 1,526.31 416967 11/8/2024 DIRECT DEPOSIT HISH, ANDREW 2,574.57 416968 11/8/2024 DIRECT DEPOSIT JOHNSON, SCOTT 2,828.05 416969 11/8/2024 DIRECT DEPOSIT MALDONADO, JASSON 1,982.31 416969 11/8/2024 DIRECT DEPOSIT MALDONADO, JASSON 170.00 416970 11/8/2024 DIRECT DEPOSIT MCGRADY, MICHAEL 1,959.37 416971 11/8/2024 DIRECT DEPOSIT MILLER, RACHEAL 699.85 416971 11/8/2024 DIRECT DEPOSIT MILLER, RACHEAL 1,900.00 416972 11/8/2024 DIRECT DEPOSIT PORTWOOD, ZACHARY 2,784.30 416973 11/8/2024 DIRECT DEPOSIT SCHULENBURG, KAI 1,400.66 416974 11/8/2024 DIRECT DEPOSIT TRUMBLE, JEREMY 1,754.78 416975 11/8/2024 DIRECT DEPOSIT VARGAS, JONATHAN 2,469.91 416976 11/8/2024 DIRECT DEPOSIT WILLIAMS, ADAM 2,172.23 416977 11/8/2024 DIRECT DEPOSIT BAKER, RANDY 1,982.83 416978 11/8/2024 DIRECT DEPOSIT DEMERS, ZACHARY 1,573.73 416979 11/8/2024 DIRECT DEPOSIT LEVER, EDWARD 1,652.25 416980 11/8/2024 DIRECT DEPOSIT MILLER, ROBERT LEO 1,942.49 416981 11/8/2024 DIRECT DEPOSIT NOE, REYLIND 1,284.38 416982 11/8/2024 DIRECT DEPOSIT REDMOND, LAWRENCE 1,353.26 416983 11/8/2024 DIRECT DEPOSIT STILLWAGGON, ROBERT 1,371.81 416984 11/8/2024 DIRECT DEPOSIT CLARK, LUANNE 40.00 416984 11/8/2024 DIRECT DEPOSIT CLARK, LUANNE 1,871.54 416985 11/8/2024 DIRECT DEPOSIT JAVED, ADNAN 100.00 416985 11/8/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 416985 11/8/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 91 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 416985 11/8/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 416985 11/8/2024 DIRECT DEPOSIT JAVED, ADNAN 2,961.91 416985 11/8/2024 DIRECT DEPOSIT JAVED, ADNAN 250.00 416986 11/8/2024 DIRECT DEPOSIT BOWDREN, MARIA 350.00 416986 11/8/2024 DIRECT DEPOSIT BOWDREN, MARIA 1,417.77 416987 11/8/2024 DIRECT DEPOSIT BREEN, KRISTEN 1,401.18 416988 11/8/2024 DIRECT DEPOSIT CUNDIFF, KARI 1,996.69 416989 11/8/2024 DIRECT DEPOSIT EANES, MICAH 1,677.99 416990 11/8/2024 DIRECT DEPOSIT GUYNN, ROBERT 2,114.43 416991 11/8/2024 DIRECT DEPOSIT HAMILTON, DUANE 1,918.12 416992 11/8/2024 DIRECT DEPOSIT HANSEN, KEVIN 1,806.59 416993 11/8/2024 DIRECT DEPOSIT HATALA, BROCK 2,082.18 416994 11/8/2024 DIRECT DEPOSIT HINEBAUGH, CODY 1,571.25 416995 11/8/2024 DIRECT DEPOSIT HULLEN, DANIEL 1,893.73 416996 11/8/2024 DIRECT DEPOSIT INGLETT, REGINALD 2,151.62 416997 11/8/2024 DIRECT DEPOSIT KEITH, DONALD 1,848.86 416997 11/8/2024 DIRECT DEPOSIT KEITH, DONALD 350.00 416998 11/8/2024 DIRECT DEPOSIT LEIENDECKER, KIRSTIN 4,656.94 416999 11/8/2024 DIRECT DEPOSIT MASON, STACIE 1,581.39 417000 11/8/2024 DIRECT DEPOSIT MATHIS, RICHARD 550.00 417000 11/8/2024 DIRECT DEPOSIT MATHIS, RICHARD 1,475.30 417001 11/8/2024 DIRECT DEPOSIT MOORE, JEREMY 1,401.59 417002 11/8/2024 DIRECT DEPOSIT MOWER, BRADLEY 1,627.60 417003 11/8/2024 DIRECT DEPOSIT REICHENBACH, RICHARD 2,806.15 417004 11/8/2024 DIRECT DEPOSIT RILEY, MARK 1,657.25 417005 11/8/2024 DIRECT DEPOSIT ROBERTSON, CRAIG 1,125.24 417006 11/8/2024 DIRECT DEPOSIT SABOT, DENISE 1,291.23 417007 11/8/2024 DIRECT DEPOSIT SCHRYVER, DAVID 3,915.66 417008 11/8/2024 DIRECT DEPOSIT SILON, DAVID 3,364.60 417009 11/8/2024 DIRECT DEPOSIT SKOK, ROBERT 2,850.55 417010 11/8/2024 DIRECT DEPOSIT SMITH, WENDY 2,751.90 417011 11/8/2024 DIRECT DEPOSIT SNYDER, CHELSEA 1,767.44 417012 11/8/2024 DIRECT DEPOSIT SOYKA, MATTHEW 3,453.67 417013 11/8/2024 DIRECT DEPOSIT STANTON, JOHN 1,914.25 417014 11/8/2024 DIRECT DEPOSIT STIFFEN, EDWARD 200.00 417014 11/8/2024 DIRECT DEPOSIT STIFFEN, EDWARD 50.00 417014 11/8/2024 DIRECT DEPOSIT STIFFEN, EDWARD 1,876.69 417015 11/8/2024 DIRECT DEPOSIT THOMPSON, STEVEN 1,237.26 417016 11/8/2024 DIRECT DEPOSIT WILLIAMS, JILL 44.61 417016 11/8/2024 DIRECT DEPOSIT WILLIAMS, JILL 2,185.71 417017 11/8/2024 DIRECT DEPOSIT WINSLOW, MARK 3,282.77 417018 11/8/2024 DIRECT DEPOSIT FLORES, CARLOS 3,384.63 417019 11/8/2024 DIRECT DEPOSIT HELTEMES, ADAM 3,123.91 417020 11/8/2024 DIRECT DEPOSIT BLUME, JEFFREY 1,565.67 417021 11/8/2024 DIRECT DEPOSIT BURGESS, TIMOTHY 2,086.22 417022 11/8/2024 DIRECT DEPOSIT CAIN, BRANDON 1,781.90 417023 11/8/2024 DIRECT DEPOSIT DEMOSTHENE, ARIEVE 2,827.30 417024 11/8/2024 DIRECT DEPOSIT EHRHARDT, SARAH 1,361.44 417025 11/8/2024 DIRECT DEPOSIT FERGUSON, ERIK 3,068.63 417026 11/8/2024 DIRECT DEPOSIT GUENTHER, KEVIN 2,334.80 417027 11/8/2024 DIRECT DEPOSIT HALE, DANIEL 800.00 417027 11/8/2024 DIRECT DEPOSIT HALE, DANIEL 1,083.98 417028 11/8/2024 DIRECT DEPOSIT HOFFMAN, CHRISTOPHER 1,507.29 417029 11/8/2024 DIRECT DEPOSIT LYNCH, JENESA 1,238.27 417030 11/8/2024 DIRECT DEPOSIT MARRONE, JOSEPH 95.64 92 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 417030 11/8/2024 DIRECT DEPOSIT MARRONE, JOSEPH 1,715.44 417031 11/8/2024 DIRECT DEPOSIT MICHAEL, ANDREW 600.00 417031 11/8/2024 DIRECT DEPOSIT MICHAEL, ANDREW 1,299.53 417032 11/8/2024 DIRECT DEPOSIT NIELSEN, RONALD 1,449.78 417033 11/8/2024 DIRECT DEPOSIT RATLIFF, JENNIFER 1,332.87 417034 11/8/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN 50.00 417034 11/8/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN 2,239.97 417035 11/8/2024 DIRECT DEPOSIT SUGDEN, CHRIS 450.00 417035 11/8/2024 DIRECT DEPOSIT SUGDEN, CHRIS 811.27 417036 11/8/2024 DIRECT DEPOSIT WHEATLEY, DAVID 929.31 417036 11/8/2024 DIRECT DEPOSIT WHEATLEY, DAVID 929.31 417037 11/8/2024 DIRECT DEPOSIT WHITTINGTON, MICHAEL 2,520.39 417038 11/8/2024 DIRECT DEPOSIT ZAYATZ, DAVID 1,120.55 417039 11/8/2024 DIRECT DEPOSIT LEY, JUDY 300.00 417039 11/8/2024 DIRECT DEPOSIT LEY, JUDY 1,315.47 417040 11/8/2024 DIRECT DEPOSIT STANTON, CYNTHIA 3,293.69 417041 11/8/2024 DIRECT DEPOSIT SECHEN, ANDREW 1,754.87 417042 11/8/2024 DIRECT DEPOSIT BOHANNON, FAITH 1,608.64 417043 11/8/2024 DIRECT DEPOSIT CONNELL, KYLE 1,207.67 417044 11/8/2024 DIRECT DEPOSIT DIXON, GERALD 2,038.12 417045 11/8/2024 DIRECT DEPOSIT HUMMEL, ERIC 2,362.14 417046 11/8/2024 DIRECT DEPOSIT LARAMIE, BRIANNA 1,375.72 417047 11/8/2024 DIRECT DEPOSIT MEAD, DERIC 1,742.17 417048 11/8/2024 DIRECT DEPOSIT OGILVIE, JASON 2,556.50 417049 11/8/2024 DIRECT DEPOSIT RIMES, BRIAN 1,541.17 417050 11/8/2024 DIRECT DEPOSIT WEST, JEFFREY 2,285.33 417051 11/8/2024 DIRECT DEPOSIT BARRETT, BRENDA 677.08 417052 11/8/2024 DIRECT DEPOSIT KELLEHER, LYNNE 1,094.17 417053 11/8/2024 DIRECT DEPOSIT LOBO, EDWINA 573.54 417054 11/8/2024 DIRECT DEPOSIT BROWN, JILL 1,038.39 417055 11/8/2024 DIRECT DEPOSIT FLAK, SUSAN 1,987.46 417056 11/8/2024 DIRECT DEPOSIT ALEXA, MICHELE 1,986.53 417057 11/8/2024 DIRECT DEPOSIT BLAKE, SYDNEY 1,206.38 417058 11/8/2024 DIRECT DEPOSIT CHAMBERS, JASON 1,168.89 417059 11/8/2024 DIRECT DEPOSIT DANIELS, DOUGLAS 1,441.53 417060 11/8/2024 DIRECT DEPOSIT DEVITIS, CRISTI 1,421.73 417061 11/8/2024 DIRECT DEPOSIT FISHER, GEORGE 1,889.95 417062 11/8/2024 DIRECT DEPOSIT GAGNON, SHAWN 1,844.78 417063 11/8/2024 DIRECT DEPOSIT GILMER, THOMAS 1,560.03 417064 11/8/2024 DIRECT DEPOSIT GOMEZ MORENO, DIANA 250.00 417064 11/8/2024 DIRECT DEPOSIT GOMEZ MORENO, DIANA 1,124.34 417065 11/8/2024 DIRECT DEPOSIT HERRON, LAURA 1,198.75 417066 11/8/2024 DIRECT DEPOSIT HOUSING, ERICA 1,515.89 417067 11/8/2024 DIRECT DEPOSIT HUDSON, ANDREA 1,210.25 417068 11/8/2024 DIRECT DEPOSIT JOHNSON, BENJAMIN 1,651.71 417069 11/8/2024 DIRECT DEPOSIT KNIEF, MARK 1,695.47 417070 11/8/2024 DIRECT DEPOSIT LLOYD, HEATHER 2,163.53 417071 11/8/2024 DIRECT DEPOSIT MACKEY, MISTY 1,261.45 417072 11/8/2024 DIRECT DEPOSIT MARTIN, ANGELA 1,339.31 417073 11/8/2024 DIRECT DEPOSIT MROTZ, LOUONNIE 1,252.35 417074 11/8/2024 DIRECT DEPOSIT NOVAK, TRISTAN 1,238.30 417075 11/8/2024 DIRECT DEPOSIT O'CONNOR, SHANNON 1,125.48 417076 11/8/2024 DIRECT DEPOSIT PATTON, LISA 2,216.60 417077 11/8/2024 DIRECT DEPOSIT PECHENIK, DEBRA 774.35 417078 11/8/2024 DIRECT DEPOSIT PERGOLA, ANITA 1,359.60 93 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 417079 11/8/2024 DIRECT DEPOSIT QUINTERO, IVELISSE 1,263.62 417080 11/8/2024 DIRECT DEPOSIT ROBERTS, BRADLEY 1,730.83 417081 11/8/2024 DIRECT DEPOSIT SANTISO, DANIEL 342.48 417081 11/8/2024 DIRECT DEPOSIT SANTISO, DANIEL 1,300.00 417082 11/8/2024 DIRECT DEPOSIT SCHERF, CHARLENE 1,510.12 417083 11/8/2024 DIRECT DEPOSIT SCHLUSBERG,JOSEPH 1,234.18 417084 11/8/2024 DIRECT DEPOSIT SCHRUM, MARYELLEN 1,492.71 417084 11/8/2024 DIRECT DEPOSIT SCHRUM, MARYELLEN 80.00 417085 11/8/2024 DIRECT DEPOSIT SMITH, SHELLIE 650.00 417085 11/8/2024 DIRECT DEPOSIT SMITH, SHELLIE 1,277.47 417086 11/8/2024 DIRECT DEPOSIT SOVINE, CARL 1,405.87 417087 11/8/2024 DIRECT DEPOSIT SPOFFORD, JANET 902.44 417088 11/8/2024 DIRECT DEPOSIT AUSTIN, KENNETH 1,738.77 417089 11/8/2024 DIRECT DEPOSIT BRADDY, MARTY 50.00 417089 11/8/2024 DIRECT DEPOSIT BRADDY, MARTY 2,455.68 417090 11/8/2024 DIRECT DEPOSIT COLVIN, THOMAS 2,403.20 417091 11/8/2024 DIRECT DEPOSIT COMPTON, THOMAS 1,162.24 417091 11/8/2024 DIRECT DEPOSIT COMPTON, THOMAS 129.14 417092 11/8/2024 DIRECT DEPOSIT DAWKINS, PHILLIP 1,495.59 417093 11/8/2024 DIRECT DEPOSIT DEPINHO, CHARLES 2,251.16 417094 11/8/2024 DIRECT DEPOSIT FLOOD, STEPHEN 2,133.68 417095 11/8/2024 DIRECT DEPOSIT FORBES, TENNYSON 1,808.66 417096 11/8/2024 DIRECT DEPOSIT FORMAN, SHANE 1,413.05 417097 11/8/2024 DIRECT DEPOSIT FRISBY, CHRISTOPHER 1,738.83 417098 11/8/2024 DIRECT DEPOSIT FULLER, STEVEN 2,189.95 417099 11/8/2024 DIRECT DEPOSIT JORDAN, SHAWN 2,562.70 417100 11/8/2024 DIRECT DEPOSIT KISSELBACK, JOSEPH 1,324.20 417101 11/8/2024 DIRECT DEPOSIT MCINTOSH, CHARLIE 1,566.48 417102 11/8/2024 DIRECT DEPOSIT SANTAMARIA, JEFFREY 1,668.94 417103 11/8/2024 DIRECT DEPOSIT SAWYER, CRAIG 95.12 417103 11/8/2024 DIRECT DEPOSIT SAWYER, CRAIG 2,105.88 417104 11/8/2024 DIRECT DEPOSIT STAMBAUGH, JOHNNY 300.00 417104 11/8/2024 DIRECT DEPOSIT STAMBAUGH, JOHNNY 1,640.99 417105 11/8/2024 DIRECT DEPOSIT WAGNER, DANIEL 1,841.84 417106 11/8/2024 DIRECT DEPOSIT WEBB, ROBERT 1,978.51 417107 11/8/2024 DIRECT DEPOSIT YOUNG, GERALD 800.00 417107 11/8/2024 DIRECT DEPOSIT YOUNG, GERALD 1,506.45 417108 11/8/2024 DIRECT DEPOSIT ACUNA, SHAYNE 1,777.06 417109 11/8/2024 DIRECT DEPOSIT ADRIANCE, TIMOTHY 2,339.70 417110 11/8/2024 DIRECT DEPOSIT BACON, VAN 1,513.53 417110 11/8/2024 DIRECT DEPOSIT BACON, VAN 324.33 417110 11/8/2024 DIRECT DEPOSIT BACON, VAN 324.33 417111 11/8/2024 DIRECT DEPOSIT BARDWELL, TIMONTRAYE 1,516.38 417112 11/8/2024 DIRECT DEPOSIT BESANCON, MARK 100.00 417112 11/8/2024 DIRECT DEPOSIT BESANCON, MARK 2,480.54 417113 11/8/2024 DIRECT DEPOSIT BOWEN, CHAD 1,672.52 417114 11/8/2024 DIRECT DEPOSIT FOLEY, SHANE 1,510.15 417115 11/8/2024 DIRECT DEPOSIT FREEMAN, KEITH 2,223.70 417116 11/8/2024 DIRECT DEPOSIT GOLFE, GREGORY 1,392.76 417116 11/8/2024 DIRECT DEPOSIT GOLFE, GREGORY 100.00 417117 11/8/2024 DIRECT DEPOSIT HAMLETT, ROBERT 1,372.38 417118 11/8/2024 DIRECT DEPOSIT HANSON, CHRISTOPHER 1,920.13 417119 11/8/2024 DIRECT DEPOSIT HAWKINS, DUKE 2,450.25 417120 11/8/2024 DIRECT DEPOSIT HENRY, MARQUEZ 1,707.03 417121 11/8/2024 DIRECT DEPOSIT KIVENAS, ZACHARY 1,962.42 94 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 417122 11/8/2024 DIRECT DEPOSIT LEE, TERRENCE 2,826.69 417123 11/8/2024 DIRECT DEPOSIT LONGACRE, KENNETH 3,053.32 417124 11/8/2024 DIRECT DEPOSIT MCGRATH, WILLIAM 2,132.95 417125 11/8/2024 DIRECT DEPOSIT MOTT, KODY 1,978.20 417126 11/8/2024 DIRECT DEPOSIT MUNRO, LUCAS 1,713.77 417127 11/8/2024 DIRECT DEPOSIT PAGAN, DYLAN 1,662.93 417128 11/8/2024 DIRECT DEPOSIT SHARPE, JAMES 1,403.99 417129 11/8/2024 DIRECT DEPOSIT STANTON, KASSI 1,249.03 417130 11/8/2024 DIRECT DEPOSIT TATUM, ROYCE 1,666.97 417131 11/8/2024 DIRECT DEPOSIT WILLIS, EDDRICK 2,960.97 417132 11/8/2024 DIRECT DEPOSIT ZIMEI, BENJAMIN 4,037.39 417133 11/8/2024 DIRECT DEPOSIT BLANCO PEREZ, YULIEN 1,622.81 417134 11/8/2024 DIRECT DEPOSIT CHAMPAGNE, SAMUEL 1,443.62 417135 11/8/2024 DIRECT DEPOSIT EVANS, AUSTIN 1,288.20 417136 11/8/2024 DIRECT DEPOSIT HOVEY, STORM 1,176.20 417137 11/8/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 1,214.66 417137 11/8/2024 DIRECT DEPOSIT MAJOR, TRAVIOUS 598.27 417138 11/8/2024 DIRECT DEPOSIT PERALTA, ALEXIS 2,141.58 417139 11/8/2024 DIRECT DEPOSIT THORNE, MICHAEL 550.00 417139 11/8/2024 DIRECT DEPOSIT THORNE, MICHAEL 200.00 417139 11/8/2024 DIRECT DEPOSIT THORNE, MICHAEL 1,165.31 417140 11/8/2024 DIRECT DEPOSIT YONKERS, LAURA 3,430.67 417141 11/8/2024 DIRECT DEPOSIT AUGUSTE, JEHU 1,760.99 417142 11/8/2024 DIRECT DEPOSIT LESTER, JEROME 2,081.56 417143 11/8/2024 DIRECT DEPOSIT MCINTYRE- MEISENBURG, MELISSA 2,141.05 417144 11/8/2024 DIRECT DEPOSIT WAPPES, SARA 1,830.91 768354 11/8/2024 PRINTED MATTHES, LAURA M. 2709.46 768355 11/8/2024 PRINTED STAUDT, MICHAEL G. 3453.78 768356 11/8/2024 PRINTED FLECK, KELANI E. 294.91 768357 11/8/2024 PRINTED SMITH, DAVID C. 27342.08 768358 11/8/2024 PRINTED WILLIAMS, SOPHIA E. 583.12 768359 11/8/2024 PRINTED LOCY, ROBBIE R. 352.54 768360 11/8/2024 PRINTED ANGOTTI, JEFFREY M. 837.08 768361 11/8/2024 PRINTED HACKLER, SPENCER G. 837.08 768362 11/8/2024 PRINTED PEREZ, ALEXANDER H. 1371.47 768363 11/8/2024 PRINTED BACHAND, STEVEN M. 892.62 768364 11/8/2024 PRINTED HARRISON, MICHAEL L. 417.29 768365 11/8/2024 PRINTED RIVIERE, AMBER D. 3236.22 768366 11/8/2024 PRINTED BODE, SIBEL N. 976.21 768367 11/8/2024 PRINTED FELTON, SHANE D. 1261.78 768368 11/8/2024 PRINTED SCARAMUZZI, ANTHONY M., JR 1155.54 768369 11/8/2024 PRINTED SNYDER, BRANDON E. 609.25 768370 11/8/2024 PRINTED BELL, CRAIG L. 1187.43 768370 11/8/2024 DIRECT DEPOSIT BELL, CRAIG 400.00 768371 11/8/2024 PRINTED GUERTLER, KEVIN M. 7108.32 768372 11/8/2024 PRINTED GIBSON, KEVIN S. 1543.01 768372 11/8/2024 DIRECT DEPOSIT GIBSON, KEVIN 125.00 768373 11/8/2024 PRINTED HORNE, BRIAN K. 7.31 768373 11/8/2024 DIRECT DEPOSIT HORNE, BRIAN 1,650.00 768373 11/8/2024 DIRECT DEPOSIT HORNE, BRIAN 25.00 768374 11/8/2024 PRINTED MEDECKE, JULIE A. 1353.82 768375 11/8/2024 PRINTED ALEXANDER, HEATHER L. 341.73 768375 11/8/2024 DIRECT DEPOSIT ALEXANDER, HEATHER 1,366.90 768376 11/8/2024 PRINTED DEFRONZO, JOSEPH L., II 3488.18 768377 11/8/2024 PRINTED PAYNE, GEORGE H. 2467.63 95 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 768378 11/8/2024 PRINTED GIBSON, JAMES W. 5407.8 768379 11/8/2024 PRINTED BARKWELL, MICHAEL C. 3125.7 768379 11/8/2024 DIRECT DEPOSIT BARKWELL, MICHAEL 25.00 768380 11/8/2024 PRINTED TARDIF, TODD L. 5017.27 6,445,757.63 96 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: November 15, 2024 SUBJECT: APPROVAL OF CHECKS AND ELECTRONIC PAYMENTS November 9, 2024 to November 15, 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 November 9, 2024 to November 15, 2024. 4A CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 12456 11/12/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 2,254.16 12457 11/12/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 690.67 12458 11/12/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 223.45 12459 11/12/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 674.27 12460 11/12/2024 WIRE IRS -PAYROLL TAXES 718,474.67 12461 11/12/2024 WIRE LINCOLN RETIREMENT 109,187.69 12462 11/13/2024 WIRE CER SIGNATURE CLEANING LLC 12,524.20 12463 11/13/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 4,000.25 12464 11/13/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 612.31 12465 11/14/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 851.23 12466 11/14/2024 WIRE HIGHMARK STOP LOSS 91,525.32 12467 11/14/2024 WIRE FIDELITY SECURITY LIFE INSURANCE COMPANY 7,225.28 12468 11/14/2024 WIRE BLUE CROSS & BLUE SHIELD 226,331.40 12469 11/15/2024 WIRE CLERK OF CIRCUIT COURT 14,335.80 12470 11/15/2024 WIRE MUTUAL OF OMAHA 29,006.08 12471 11/15/2024 WIRE SENIOR RESOURCE ASSOCIATION 109,415.15 12472 11/15/2024 WIRE TD BANK 9,908.39 12473 11/15/2024 WIRE AMERITAS 17,922.15 12474 11/15/2024 WIRE P&A ADMINISTRATIVE SERVICES INC 366.47 12475 11/15/2024 WIRE EDH HOLDINGS LLC 10,040.93 12476 11/15/2024 WIRE WASHINGTON DEPT OF REVENUE 44.82 456440 11/14/2024 PRINTED ANDREW F LAWS 960.28 456441 11/14/2024 PRINTED ANGELA R WILLIAMS 87.36 456442 11/14/2024 PRINTED CHARLESTHOMAS TERRY JR 13.51 456443 11/14/2024 PRINTED COASTMARK CONSTRUCTION CO. LLC 58.19 456444 11/14/2024 PRINTED D R HORTON INC 203.86 456445 11/14/2024 PRINTED DBH 315 LLC 91.31 456446 11/14/2024 PRINTED DEBBIE HART 26.73 456447 11/14/2024 PRINTED DENTIST HALL JR 5.09 456448 11/14/2024 PRINTED DI VOSTA HOMES L P 424.54 456449 11/14/2024 PRINTED DOUGLAS E SMITH 30.64 456450 11/14/2024 PRINTED DRIALIS ORTEGA MORA 19.77 456451 11/14/2024 PRINTED EDWARD L KONDZIOLA 83.88 456452 11/14/2024 PRINTED ELLSWORTH H HULTS IV 66.91 456453 11/14/2024 PRINTED ELVIA ROMERO 37.04 456454 11/14/2024 PRINTED ESTER YARDENY 139.68 456455 11/14/2024 PRINTED EYLA CUENCA 46.62 456456 11/14/2024 PRINTED GLORIA HUFFMAN 71.40 456457 11/14/2024 PRINTED GRBK GHO LUXURY HOMES LLC 72.71 456458 11/14/2024 PRINTED HEATHER BRUNGARDT 108.79 456459 11/14/2024 PRINTED HOLIDAY BUILDERS 12.16 456460 11/14/2024 PRINTED INDIAN RIVER PROJECT MANAGEMENT 39.78 456461 11/14/2024 PRINTED JAMES HAYES 73.60 456462 11/14/2024 PRINTED JASON CALLOWAY 100.00 456463 11/14/2024 PRINTED KAEHULANI LLC 39.46 456464 11/14/2024 PRINTED KARA MONEY LLC 34.24 456465 11/14/2024 PRINTED KATHLEEN BAILEY 41.38 456466 11/14/2024 PRINTED LANA MCCULLOUGH 54.07 456467 11/14/2024 PRINTED LATOYA BULLARD 73.74 456468 11/14/2024 PRINTED LISA GUIDER 150.18 456469 11/14/2024 PRINTED MARTIN PEGELOW 90.33 456470 11/14/2024 PRINTED MARY BRASHEAR 36.80 456471 11/14/2024 PRINTED NAVZOR BALSARA 91.75 456472 11/14/2024 PRINTED PHYLLIS PERPETUA 28.22 98 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456473 11/14/2024 PRINTED RICHARD DANIELS 4.55 456474 11/14/2024 PRINTED RITA CHANFRAU 75.32 456475 11/14/2024 PRINTED ROBERTJAMES TRUSTY 69.36 456476 11/14/2024 PRINTED ROS{ LEN E CLINE 19.88 456477 11/14/2024 PRINTED ROSE M SARAO 15.18 456478 11/14/2024 PRINTED TAMARA COOMBS 65.91 456479 11/14/2024 PRINTED TONY NASH 56.89 456480 11/14/2024 PRINTED ANDREA MCCABE 4.90 456481 11/14/2024 PRINTED BENEDUCE REALTY INC 67.13 456482 11/14/2024 PRINTED D R HORTON INC 193.72 456483 11/14/2024 PRINTED DI VOSTA HOMES L P 660.39 456484 11/14/2024 PRINTED GOMISNEBTEX, LLC 79.68 456485 11/14/2024 PRINTED GRBK GHO LUCAYA POINTE LLC 41.41 456486 11/14/2024 PRINTED GRBK GHO LUXURY HOMES LLC 69.67 456487 11/14/2024 PRINTED JOAN MAZZAIA 88.64 456488 11/14/2024 PRINTED KELLY LANGS 75.69 456489 11/14/2024 PRINTED KIMBERLY HUTSON 54.87 456490 11/14/2024 PRINTED MARK FADDEN 74.42 456491 11/14/2024 PRINTED NOA ZAFRIR 93.40 456492 11/14/2024 PRINTED RHONDA GIBBS 77.67 456493 11/14/2024 PRINTED SCOTT STEPHENSON 64.77 456494 11/14/2024 PRINTED SUSAN HALEY 41.46 456495 11/14/2024 PRINTED COASTAL TECHNOLOGY CORPORATION 40,265.07 456496 11/14/2024 PRINTED GABRIEL ROEDER SMITH & CO 4,600.00 456497 11/14/2024 PRINTED PROCTOR CONSTRUCTION COMPANY LLC 491,191.64 456498 11/14/2024 PRINTED WITT O'BRIEN'S LLC 77.50 456499 11/14/2024 PRINTED INDIAN RIVER SUSTAINABILITY CENTER LLC 104,522.65 456500 11/14/2024 PRINTED CLOSE CONSTRUCTION SERVICES LLC 47,029.75 456501 11/14/2024 PRINTED INSPIRE PLACEMAKING COLLECTIVE INC 18,782.20 456502 11/14/2024 PRINTED GEORGE RITACCO 19,375.77 456503 11/14/2024 PRINTED AMERICAN FACILITY SERVICES INC 15,889.42 456504 11/14/2024 PRINTED GENERAL BUILDING MAINTENANCE LLC 11,736.91 456505 11/14/2024 PRINTED REGGY M KING 53,467.00 456506 11/14/2024 PRINTED AT&T MOBILITY 872.73 456507 11/14/2024 PRINTED AT&T MOBILITY 127.69 456508 11/14/2024 PRINTED AT&T MOBILITY 157.46 456509 11/14/2024 PRINTED AT&T MOBILITY 528.02 456510 11/14/2024 PRINTED IRC CLERK OF THE COURT 1,150.95 456511 11/14/2024 PRINTED HOME DEPOT CREDIT SERVICES 49.13 456512 11/14/2024 PRINTED CENTRAL AIR CONDITIONING & REFRIGERATION SUPPLY 354.04 456513 11/14/2024 PRINTED FLORIDA POWER AND LIGHT 1,695.73 456514 11/14/2024 PRINTED CELICO PARTNERSHIP 36.07 456515 11/14/2024 PRINTED TREASURE COAST COMMUNITY HEALTH INC 300.00 456516 11/14/2024 PRINTED LOWES COMPANIES INC 9.89 456517 11/14/2024 PRINTED TONY J RODRIGUEZ ESQUIRE 2,000.00 456518 11/14/2024 PRINTED WINSUPPLY COMMERCIAL CHARGE 35.68 456519 11/14/2024 PRINTED INSPIRE PLACEMAKING COLLECTIVE INC 11,929.00 456520 11/14/2024 PRINTED ADAMS HOMES OF NORTHWEST FLA 36.78 456521 11/14/2024 PRINTED AMANDA JADE KNEUPPER 50.00 456522 11/14/2024 PRINTED ANGELICA DURAN 55.72 456523 11/14/2024 PRINTED ANTHONY ALFIERI 77.17 456524 11/14/2024 PRINTED BLANDUNE BOWEN 74.11 456525 11/14/2024 PRINTED CLIFF RATLIFF (TR) III 52.22 456526 11/14/2024 PRINTED CONNIE JANNOTTI 38.60 99 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456527 11/14/2024 PRINTED CROOM CONSTRUCTION CO 334.63 456528 11/14/2024 PRINTED D R HORTON INC 80.80 456529 11/14/2024 PRINTED DANIEL BOYER 60.28 456530 11/14/2024 PRINTED DESYATNIKOV RUSLAN 84.35 456531 11/14/2024 PRINTED DI VOSTA HOMES L P 52.72 456532 11/14/2024 PRINTED DULCIE FOUR LLC 28.17 456533 11/14/2024 PRINTED EG PROPERTIES OF FL LLC 46.84 456534 11/14/2024 PRINTED EUGENE A WHITE 37.79 456535 11/14/2024 PRINTED GEORGE HALCOMB 57.84 456536 11/14/2024 PRINTED HOLIDAY BUILDERS 139.66 456537 11/14/2024 PRINTED HOWARD Q RICE 1R 52.93 456538 11/14/2024 PRINTED IRIS MORE 90.23 456539 11/14/2024 PRINTED JAMES D ELMORE 62.70 456540 11/14/2024 PRINTED JAQUITA DAVIS 76.67 456541 11/14/2024 PRINTED JASEN A MILLER 208.92 456542 11/14/2024 PRINTED JOHN J CURLIS 38.06 456543 11/14/2024 PRINTED JOHN WILLIAMS 57.60 456544 11/14/2024 PRINTED JOSE VELASCO 20.48 456545 11/14/2024 PRINTED JULIE CASTLE 44.73 456546 11/14/2024 PRINTED KATHRYN WACHA 69.32 456547 11/14/2024 PRINTED LARRY D CLEVELAND 32.84 456548 11/14/2024 PRINTED LARRY SCHUTT CONSTRUCTION INC 40.78 456549 11/14/2024 PRINTED MICHAEL SCHMIDT 72.66 456550 11/14/2024 PRINTED MICHAEL K TAYLOR 6.39 456551 11/14/2024 PRINTED NICHOLAS GEORGES JR 100.00 456552 11/14/2024 PRINTED OFFERPAD LLC 36.81 456553 11/14/2024 PRINTED RANGER CONSTRUCTION INDUSTRIES INC 369.15 456554 11/14/2024 PRINTED ROBERT SIMS 76.17 456555 11/14/2024 PRINTED SERGIO ZELIGMAN 78.37 456556 11/14/2024 PRINTED SHARON TRUSTY 41.90 456557 11/14/2024 PRINTED SUSAN VALENTIA 6.90 456558 11/14/2024 PRINTED THERESA M KATON 111.28 456559 11/14/2024 PRINTED ULTIMATE PROPERTIES & LOGISTICS LLC 13.87 456560 11/14/2024 PRINTED VM MASTER ISSUER LLC 47.89 456561 11/14/2024 PRINTED UNIVERSITY OF FLORIDA 899.00 456562 11/14/2024 PRINTED BRIAN FREEMAN 96.20 456563 11/14/2024 PRINTED CHRISTOPHER HICKS 106.22 456564 11/14/2024 PRINTED TAMPA BAY LIBRARY CONSORTIUM INC 120.00 456565 11/14/2024 PRINTED EMS TECHNOLOGY SOLUTIONS LLC 2,325.00 456566 11/14/2024 PRINTED GUARDIAN EQUIPMENT INC 1,355.00 456567 11/14/2024 PRINTED VERO CHEMICAL DISTRIBUTORS INC 1,659.30 456568 11/14/2024 PRINTED SAFETY PRODUCTS INC 800.55 456569 11/14/2024 PRINTED INDIAN RIVER BATTERY 106.50 456570 11/14/2024 PRINTED GRAINGER INC 2,088.81 456571 11/14/2024 PRINTED APPLE INDUSTRIAL SUPPLY CO 248.26 456572 11/14/2024 PRINTED HACH CO 21,182.78 456573 11/14/2024 PRINTED MEEKS PLUMBING INC 512.50 456574 11/14/2024 PRINTED BOUND TREE MEDICAL LLC 787.76 456575 11/14/2024 PRINTED NEWMANS POWER SYSTEMS 390.00 456576 11/14/2024 PRINTED KETCHUM MANUFACTURING CO INC 1,485.00 456577 11/14/2024 PRINTED MIDWEST TAPE LLC 8,561.80 456578 11/14/2024 PRINTED ODYSSEY MANUFACTURING CO 13,760.00 456579 11/14/2024 PRINTED GALE/CENGAGELEARNING 252.51 456580 11/14/2024 PRINTED INDIAN RIVER COUNTY HEALTH DEPT 45.00 100 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456581 11/14/2024 PRINTED CITY OF VERO BEACH 1,141.34 456582 11/14/2024 PRINTED HOME DEPOT CREDIT SERVICES 880.22 456583 11/14/2024 PRINTED ST JOHNS RIVER WATER MGMT DISTRICT 250.00 456584 11/14/2024 PRINTED THOMSON REUTERS - WEST 372.92 456585 11/14/2024 PRINTED FEDERAL EXPRESS 152.08 456586 11/14/2024 PRINTED SOUTHEAST DESALTING ASSOCIATION 360.00 456587 11/14/2024 PRINTED FLORIDA POWER AND LIGHT 86,531.72 456588 11/14/2024 PRINTED PEACE RIVER ELECTRIC COOPERATIVE INC 231.30 456589 11/14/2024 PRINTED LANGUAGE LINE SOLUTIONS 474.24 456590 11/14/2024 PRINTED GREY HOUSE PUBLISHING INC 5,620.00 456591 11/14/2024 PRINTED JOHN BROWN & SONS INC 5,000.00 456592 11/14/2024 PRINTED CUES 180.69 456593 11/14/2024 PRINTED DAVCO ELECTRICAL CONTRACTORS CORP 236.20 456594 11/14/2024 PRINTED HULETT ENVIRONMENTAL SERVICES 194.00 456595 11/14/2024 PRINTED CELICO PARTNERSHIP 3,910.59 456596 11/14/2024 PRINTED BOYLE & DRAKE INC 3,000.00 456597 11/14/2024 PRINTED CONTROL SYSTEMS DESIGN INC 1,350.00 456598 11/14/2024 PRINTED SOUTHERN LOCK AND SUPPLY 55.00 456599 11/14/2024 PRINTED ORCHID ISLAND PROPERTY MGMT II INC 8,810.00 456600 11/14/2024 PRINTED CONSOLIDATED ELECTRIAL DIST INC 281.38 456601 11/14/2024 PRINTED PETER J CASSARA 8,250.00 456602 11/14/2024 PRINTED TRADEWINDS POWER CORP 1,685.00 456603 11/14/2024 PRINTED NICOLACE MARKETING INC 2,523.00 456604 11/14/2024 PRINTED ALERT ALL CORPORATION 278.00 456605 11/14/2024 PRINTED BRENNTAG MID -SOUTH INC 8,874.50 456606 11/14/2024 PRINTED STAT MEDICAL DISPOSAL INC 600.00 456607 11/14/2024 PRINTED OVERDRIVE INC 1,900.61 456608 11/14/2024 PRINTED MUNICIPAL EMERGENCY SERVICES INC 335.95 456609 11/14/2024 PRINTED CATHEDRAL CORPORATION 3,486.41 456610 11/14/2024 PRINTED GOTTA GO GREEN 219.94 456611 11/14/2024 PRINTED EASTERN PIPELINE CONSTRUCTION INC 10,650.00 456612 11/14/2024 PRINTED MATHESON TRI -GAS INC 19,426.98 456613 11/14/2024 PRINTED COLE AUTO SUPPLY INC 1,173.52 456614 11/14/2024 PRINTED ENVIRONMENTAL OPERATING SOLUTION INC 14,272.40 456615 11/14/2024 PRINTED CORE & MAIN LP 49,135.01 456616 11/14/2024 PRINTED WOERNER AGRIBUSINESS LLC 280.00 456617 11/14/2024 PRINTED ULINE INC 138.93 456618 11/14/2024 PRINTED AMAZON CAPITAL SERVICES INC 3,064.67 456619 11/14/2024 PRINTED PACE ANYALYTICAL LLC 350.70 456620 11/14/2024 PRINTED AMERIGAS PROPANE LP 2,532.37 456621 11/14/2024 PRINTED EVERLAST CLIMBING INDUSTRIES INC 318.00 456622 11/14/2024 PRINTED JORDAN MOWERS 2,101.64 456623 11/14/2024 PRINTED MULLINAX FORD OF VERO BEACH 229.62 456624 11/14/2024 PRINTED LOWES COMPANIES INC 3,370.25 456625 11/14/2024 PRINTED SMI TRADING LLC 63.23 456626 11/14/2024 PRINTED TOSHIBA AMERICA BUISNESS SOLUTIONS INC 688.35 456627 11/14/2024 PRINTED WASTE MANAGEMENT INC OF FLORIDA 1,324.55 456628 11/14/2024 PRINTED COASTAL DOORS LLC 2,485.00 456629 11/14/2024 PRINTED HIREQUEST LLC 1,016.40 456630 11/14/2024 PRINTED CER SIGNATURE CLEANING LLC 4,100.00 456631 11/14/2024 PRINTED CLEAN SPACE INC 607.00 456632 11/14/2024 PRINTED SHRIEVE CHEMICAL CO LLC 4,543.33 456633 11/14/2024 PRINTED BAKER & TAYLOR 2,451.02 456634 11/14/2024 PRINTED SEVEN ISLES CAPITAL 1,350.00 101 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 456635 11/14/2024 PRINTED JEFFERY HOGUES 350.00 456636 11/14/2024 PRINTED WINSUPPLY COMMERCIAL CHARGE 274.37 456637 11/14/2024 PRINTED FLEETPRIDE INC 503.66 456638 11/14/2024 PRINTED LF STAFFING SERVICES INC 114.95 456639 11/14/2024 PRINTED PALMDALE INTERMEDIATE LLC 2,677.96 456640 11/14/2024 PRINTED CUTTING EDGE SIGNS LLC 657.50 456641 11/14/2024 PRINTED AZAREL HOLDINGS INC 148.32 456642 11/14/2024 PRINTED PALMDALE INTERMEDIATE LLC 257.61 456643 11/14/2024 PRINTED DAVID D SIMPSON 400.00 456644 11/14/2024 PRINTED BRADY COMPANIES LLC 4,664.93 456645 11/14/2024 PRINTED HG PRINTING & GRAPHICS LLC 731.50 456646 11/14/2024 PRINTED COMMUNICATIONS INTERNATIONAL 853.71 456647 11/14/2024 PRINTED CITY OF VERO BEACH 690.39 456648 11/14/2024 PRINTED FLORIDA POWER AND LIGHT 860.55 456649 11/14/2024 PRINTED DIRECTV GROUP INC 108.97 456650 11/14/2024 PRINTED AMAZON CAPITAL SERVICES INC 341.58 456651 11/14/2024 PRINTED DREAMSEATS LLC 7,196.00 456652 11/14/2024 PRINTED BATES AIR & HEAT LLC 1,693.24 1022071 11/14/2024 ACI INDIAN RIVER OXYGEN INC 3,701.50 1022072 11/14/2024 ACI RING POWER CORPORATION 920.20 1022073 11/14/2024 ACI GALLS LLC 45.39 1022074 11/14/2024 ACI AIR COMPRESSOR WORKS 486.00 1022075 11/14/2024 ACI IRRIGATION CONSULTANTS UNLIMITED INC 1,516.26 1022076 11/14/2024 ACI WIGINTON FIRE SYSTEMS 626.00 1022077 11/14/2024 ACI UNIFIRST CORPORATION 1,206.31 1022078 11/14/2024 ACI RELIABLE SEPTIC & SERVICES 100.00 1022079 11/14/2024 ACI GUARDIAN HAWK SECURITY 4,642.28 1022080 11/14/2024 ACI EVERGLADES EQUIPMENT GROUP 443.03 1022081 11/15/2024 ACI AT&T 7.01 1022082 11/15/2024 ACI OFFICE DEPOT 2,014.27 1022083 11/15/2024 ACI COMCAST 170.00 417145 11/15/2024 DIRECT DEPOSIT MARLEAU, KATIE 1,131.50 417146 11/15/2024 DIRECT DEPOSIT JUDSO N, JASON 3,045.03 417147 11/15/2024 DIRECT DEPOSIT LOUDERMILK, JEFFREY 3,051.79 417148 11/15/2024 DIRECT DEPOSIT RATTRAP, APRIL 1,805.54 417149 11/15/2024 DIRECT DEPOSIT TRUSTY, JAMAR 1,105.96 417150 11/15/2024 DIRECT DEPOSIT PERSON, ANTOWAIN 1,197.64 417151 11/15/2024 DIRECT DEPOSIT KEMP, HAROLD 350.00 417151 11/15/2024 DIRECT DEPOSIT KEMP, HAROLD 1,733.89 417152 11/15/2024 DIRECT DEPOSIT ZANCA, LEONARD 1,718.07 417153 11/15/2024 DIRECT DEPOSIT NAGY, BELA 4,434.26 417154 11/15/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 15.00 417154 11/15/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 2,786.08 417154 11/15/2024 DIRECT DEPOSIT IVEY, LILIAN RACHEL 300.00 417155 11/15/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN 50.00 417155 11/15/2024 DIRECT DEPOSIT SMITH, EARLENE JEAN 830.87 417156 11/15/2024 DIRECT DEPOSIT WILLIS, EDDRICK 2,130.99 417157 11/15/2024 DIRECT DEPOSIT THORNE, MICHAEL 550.00 417157 11/15/2024 DIRECT DEPOSIT THORNE, MICHAEL 200.00 417157 11/15/2024 DIRECT DEPOSIT THORNE, MICHAEL 323.29 768381 11/15/2024 PRINTED NOHRR, JULIE 1,578.20 2303 11/11/2024 PRINTED MIKE'S GARAGE & WRECKER SERVIC INC 125.00 2304 11/15/2024 PRINTED APPRAISERS OF CENTRAL FLORIDA LLC 486.32 2305 11/15/2024 PRINTED WHITEBIRD PLLC 770.00 102 CHECK NUMBER CHECK DATE CHECK TYPE VENDOR NAME AMOUNT 55980 11/11/2024 PRINTED FOURSTONE HEALTH LLC 86.25 55981 11/11/2024 PRINTED HMA-SOLANTIC JOINT VENTURE LLC 72.47 55982 11/11/2024 PRINTED HMASOLANTICJOINT VENTURE LLC 104.13 55983 11/11/2024 PRINTED SPNET 72.25 55984 11/11/2024 PRINTED SPNET 121.55 55985 11/11/2024 PRINTED SPNET 150.45 55986 11/11/2024 PRINTED TENET FLORIDA PHYSICIAN SERVICES II LLC 3,417.86 55987 11/11/2024 PRINTED BRUCE WEIMANN 1,795.50 55988 11/11/2024 PRINTED HEALTHESYSTEMS LLC 465.35 55988 11/11/2024 PRINTED HEALTHESYSTEMS LLC 40.53 55988 11/11/2024 PRINTED HEALTHESYSTEMS LLC 10.88 55988 11/11/2024 PRINTED HEALTHESYSTEMS LLC 119.64 55988 11/11/2024 PRINTED HEALTHESYSTEMS LLC 619.62 55989 11/11/2024 PRINTED SOUTHERN COURT REPORTERS INC 367.30 55990 11/11/2024 PRINTED FLORIDA COURT REPORTING 195.00 55991 11/11/2024 PRINTED FLORIDA COURT REPORTING 281.25 55992 11/12/2024 PRINTED SPNET 140.25 55993 11/12/2024 PRINTED SPNET 121.55 55994 11/12/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 730.50 55994 11/12/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 70.50 55994 11/12/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 60.00 55994 11/12/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 17.00 55994 11/12/2024 PRINTED BROUSSARD, CULLEN & ELDRIDGE, P.A. 156.00 55995 11/12/2024 PRINTED VERO ORTHOPAEDICS II PA 250.00 55996 11/13/2024 PRINTED CLINIC HEALTH SERVICE 10.00 55997 11/14/2024 PRINTED CARDIOLOGY PARTNERS PL 65.45 55998 11/14/2024 PRINTED EZ HEALTH CARE 685.92 55999 11/15/2024 PRINTED HMASOLANTIC JOINT VENTURE LLC 72.47 56000 11/15/2024 PRINTED SPNET 243.10 56001 11/15/2024 PRINTED MICHAEL SCOTT 120.06 2,608,698.25 103 INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 1, 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 Agreement for Annual Temporary Day Labor Services (Bid 2024022) BACKGROUND: The Board of County Commissioners awarded Bid 2024022 to HireQuest Direct effective January 1, 2024, for Annual Temporary Day Labor Services with amended pricing approved by the Board on September 24, 2024. Several Departments/Divisions utilize these services for flaggers, to perform mowing and other general labor activities. The County has been pleased with services rendered thus far and requests to execute the First Extension to the agreement, for an additional one-year period. FUNDING: Funding for the bulk of the work will come from the Transportation Fund/Roads and Bridges/ Contracted Labor Services account, 11121441-033470. There is $280,000 budgeted for Fiscal Year (FY) 2024/2025. Account Name Account Number FY25 Budget Transportation Fund/Roads and Bridges/Contracted Labor Services 11121441-033470 $280,000 RECOMMENDATION: Staff recommends the Board approve the first extension to the agreement with HireQuest Direct and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. ATTACHMENTS: First Extension 104 FWT EXTENSION TQ A GBEEMENT FOR ANNUAL TEMPORARY DAY: LABOR SER This First Extension to that certain Agreement to provide Annual Tempormy Day Labor Services is entered into effective as of January 1. 2025, by and between Indian Rimy, a political subdivision of the State of Florida ("County") and HireQuest Direct ("Contractoel. BACKGROUND RECITALS WHEREAS, the County and the Contractor entered into an Agreement for Annual Asphalt Paving & Resurfacing Services effective January 1, 2024; and WHEREAS, Paragraph 3 of the Agreement contains the term and renewal provisions; and VVHEREAS, the first term commenced effective as of January 1, 2024 and will,end on December 31, 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 ofwhkh are hereby acknowledged, the County and the Contractor agree as follows, 1. The background recitals are true and correct and form a material part oftlis First Extension. 2, The first renewal term shall commence effective January 1, 2025, and shall end on December 31, 2D25. 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. Date: /N - / - Za►L Attest: Ryan L. Butler, Cl k *fChwk Court And Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr. County Administrator Approved as to form and legal sufficiency: JenniferW. 'Shuler County Attorney 2024022 Annual Bid for Day Labor Bid Form Annual Bid for Day labor q, Bid #: 2024022 Bid Opening Date and Time: November 21, 2023 2:00 P.M. Bid Opening Location: Purchasing Division 1800 27th Street Vero Beach, FL 32960 i The following addenda are hereby acknowledged: Addendum Number Date In accordance with all terms, conditions, specifications, and requirements, the Bidder offers the following: c r .: f" ' Descriptioq' x Hourly Approximate Total Annual Bid (rate First Amendme 'k Rate , Annual Hours x hours), Pricing General Day Labor Worker $ 16, CIO 38,600 $ 65- 2 1 3 40 $18.15 FDOT MOT -Certified Flagger $ 0, to 4200 $ 7 3 O) a a $18.85 t: (included on qualifications questionnaire) Will your company extend these prices to other governmental agencies within the State of Florida? i Yes Q/ No 107 2024022 Annual Bid for Day Labor The undersigned hereby certifies that they have read and understand the contents of this solicitation and agree to furnish at the prices shown any or all of the items above, subject to all instructions, conditions, specifications, and attachments hereto. Failure to have read all the provisions of this solicitation shall not be cause to alter any resulting contract or request additional compensation. many Mame: IRE a V E ZT DM- E L 1 Company Address: %/f :. � N(�0AL,u DZ\\JE City, state Gov E C 2 E F k. S C zip Code Telephone: $ N 3" 74 3- 7 H 049 Fax: E-mail: C �tS� CDIGK 1-I�RCQvGSi (�t2EL"t", tY cl Business Tax Receipt Number: 7-9 — 00 Q 3 Z S 419 FEIN Number: � � Z o 79N 7 Z Authorized Signature: �J Date: ff - 3 L e z 3 O Name: �'/ l@ I5 t,� i GES. Title: /�. ec,., —c, (Type J Printed) �i- Page 14 of 32 6r INDIAN RIVER COUNTY OFFICE OF MANAGEMENT AND BUDGET PURCHASING DIVISION DATE: November 20, 2024 TO: BOARD OF COUNTY COMMISSIONERS THROUGH: John A. Titkanich, Jr., County Administrator Kristin Daniels, Director — Office of Management and Budget Sean Lieske, Director — Dept of Utility Services FROM: Jennifer Hyde, Purchasing Manager Howard Richards, Capital Projects Manager, Dept of Utility Services SUBJECT: Waiver of Bid Requirement for WWTF Tank Purchases BACKGROUND: Two of the Wastewater Treatment Facilities the Indian River County Department of Utility Services (IRCDUS) operates, Central (Gifford) Wastewater Treatment Facility (CWWTF), and South Regional Wastewater Treatment Facility (SRWWTF), are in need of new chemical storage tanks. As part of the treatment process for both facilities, the addition of various chemicals is utilized to achieve effective treatment. The chemicals are housed in bulk chemical storage tanks with built in internal containment, to prevent the release of chemicals to the environment. For this purpose, IRCDUS utilizes captor double wall tank manufactured by Snyder Industries. DISCUSSION: Five tanks, three located at CWWTF and two located at SRWWTF, have reached the end of the manufacturer's recommended useful life and need to be replaced. Since Snyder tanks are widely available, competitive quotes were requested and are attached. Harrington Industrial Plastics LLC $187,735-12 Ryan Herco Flow Solutions $145,130-44 Acuantia, Inc. (Tank Depot) $126,395-00 Replacement of the tanks will extend or add new life to the failed asset system by restoring original equipment functionality and performance. This an industry leading Asset Management practice to maintain target levels of service (LOS) while minimizing lifecycle costs at acceptable risks. A budget of $198,000.00 for this item is included in the Utilities/Wastewater Treatment/Renewal & Replacement/CWWTF Chemical Bulk Storage Tank account, number 47121836 -044699 -24513 - Since the expenditure purpose aligns with Indian River County's capitalization guidelines, staff is proposing it as a capital expense in lieu of operating expense. However, this is an unbudgeted item. 109 FUNDING: Expenses, in the amount of $126,395.00, for this purchase will be recorded in the Utilities/WIP/Central WWTF Chemical Bulk Storage Tank account, number 471-169000- 24513• Since this is an operating capital expense, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Account Number Account Description Total 471-169000-24513 Utilities/WIP/Central WWTF Chemical Bulk Storage Tank $126,395 RECOMMENDATION: Staff recommends the Board waive the requirement for bids, and authorize the Purchasing Manager to issue a Purchase Order to Acuantia, Inc. Attachment: Quotes 110 Acuantla, Inc Tank Depot - Plastic -Mart 1121 Riverside Drive 76111 Fort Worth 817-953-8468 sfloryetank-depot.com ■ FORMAL QUOTE Tank Depot Quote # 597230 Sales Rep:Flory Last updated . Oct1 2024 9:59:49am CDT Indian River County BOCC Kurt Steffen 1801 27th St Bldg A IRCDUS./ South Reglonal WWTF Vero Beach, Florida, 32960-3388 2500.6TH AVE SW .. United States VERO BEACH, Florida, 329624138 7:7722263423 United States T. rStandardhipping Subtotal ;�.f Shipping & Handling $6,225.00 .. _ 5500 Gallon Plastic Vertical Double Wall Liquid Chemical Storage :$72 .a75:00 2 SII -5660000N43 Tank in White 644,150.00 SNYDER INDUSTRIES LINCOLN Plant 1 2 SII -1070000N -2E TRANSI77ON ASSEMBLY FOR 21N FrMNG EPDM '$425.00 $650'00 SNYDER INDUSTRIES LINCOLN Plant 1 X80 LLSII-347002712 Inch Double Flange Fitting with EPDM Gasket and SS Bolts $200.00 .00 SNYDER INDUSTRIES LINCOLN Plant 1 $288-00Fwo Subtotal $45,400.00 Shipping & Handling $6,225.00 Grand Total $51,625.00 Acuantia, Inc Tank Depot - Plastic -Mart 1121 Riverside Drive 76111 Fort Worth 817-953-8468 t sflory@tank-depot.com u Last updated • Oct1 124 10:06:16am CDT +° �s 's�M HIPPING - Indian River County BOCC Kevin Gibson 1801 27th St Bldg A IRCDUS / Central (Gifford) WWTF Vero Beach, Florida, 32960-3388 3550 49TH ST United States VERO BEACH, Florida, 32967-6303 T:7722263423 United States T:7722263221 Standard Shipping SKU t�ON E 5500 Gallon Plastic Vertical Double Wall Liquid Chemical Storage ¢22,075.00 3 SII -5660000N43 Tank in White $66,225.00 $66,225.00 SNYDER INDUSTRIES LINCOLN Plant 1 TRANSITION ASSEMBLY FOR 21N FITTING EPDM $425.00 3 511 -1070000N -2E $1,275.00 SNYDER INDUSTRIES LINCOLNPlant 1 4479.00 3 SII -34700271 2 Inch Double Flange Fitting with EPDM Gasket and SS Bolts $200;00 $.00 SNYDER INDUSTRIES LINCOLN Plant 1 00 Subtotal $68,100.01 Shipping & Handling $6,670.00 Grand Total $74,770.00. 112 Ryan Herrn = Fliow solutions Sell To: Indian River County Utility Indian River Co Bd Of Comm 1840 25th St Attn:Finance Dept Vero Beach, FL 32960 QUOTATION Billing Inquiries: (407) 857-7041 Page: 1 of 2 Quote Number: 7290070 Quote Date: 10/30/2024 Entered By: Lisa Blanchette - 027 Description: LGB/5500 GAL CAPTOR/MIKE Account Number: 040811 Contact Name: Contact Phone: (407) 567-8000 Ship To: Indian River County Utility Unless otherwise noted, prices are valid for 7 days. Ship dates subject to inventory availability Y Y at the time purchase order is received. All products are non-cancelable/non-returnable unless 8870 Jungle Trail otherwise agreed upon in writing. All returns are subject to restock charges, and will require an authorization prior to being sent back in original and unused packaging. Additional surcharge(s) may apply and will be applied at the time of shipment. Please note that due to factors with the potential to create cost changes, prices are subject to change without notice. Items will be Wdbd550, FL 32970 invoiced at the prices in effect at the time of shipment. All sales are subject, to the ,$tan_. Herop Flow Solutions Terms and Conditions of Sales and Warranty -- •*' " "" ,rww. rhfs.com/terms-conditions.html Note: The following does not include Shipping & Handling, Tax, or other applicable charges. Product # Description/Notes Uom Qty Price Total 7410.550 5500 GAL CAPTOR CONT SYS HDLPE EA 5 24,458.1638 122,290.82 120"X173"PRICE INCLUDES WRAPPING 777.174368 2E 2" HDLPE UFO TRANS EPDM EA 5 388.3123 1,941.56 7806.220 PVC/EPDM/TI DBL BLTD FLG FTG 2" EA 5 550.0070 2,750.04 ABOVE 2 ITEMS FOR DRAIN 78051.120 PVC/EPDM TANK ADPT 2" T EA 5 77.7849 388.92 ABOVE FOR FILL 7804.014 TANK U -VENT ASSY PVC 3" SNYDER EA 5 151.8950 759.48 7804.017 BULKHEAD FITTING, EPDM 17 X 17 MESH BUG SCREEN ABOVE 2 ITEMS FOR U -VENT INCLD'S TANK FITTING FREIGHT ESTIMATE = $16920.00 FREIGHT QUOTE # =0230121 COMBO FREIGHT LOADS MAY DELAY SHIPMENT 1-2 WEEKS AFTER TANKS ARE COMPLETE & READY. DEDICATED FREIGHT QUOTES ARE AVAIL. UPON REQUEST. FREIGHT PRICING WILL REMAIN FOR 60 DAYS. FOB: LINCOLN, NE LEAD TIME: 6-8 WEEKS AFTER SIGNED APPROVAL DRAWING. *PRICING SUBJECT TO CHANGE FOR *CHANGES THAT MAY OCCUR DURING *APPROVAL DRAWING PROCESS. THANK YOU FOR THE OPPORTUNITY TO QUOTE ON YOUR REQUIREMENT. PRICING FOR TANKS AND FITTINGS EA 5 15.9244 79.62 F%w�S�olu ions Sell To: Indian River County Utility Indian River Co Bd Of Comm 1840 25th St Attn:Finance Dept Vero Beach, FL 32960 QUOTATION Billing Inquiries: (407) 857-7041 Page: 2 of 2 Quote Number: 7290070 Quote Date: 10/30/2024 Entered By: Lisa Blanchette - 027 Description: LGB/5500 GAL CAPTOR/MIKE LOVE Account Number: 040811 Contact Name: Contact Phone: (407) 567-8000 Ship To: Indian River Count Utility Unless otherwise noted, prices are valid for 7 days. Ship dates subject to inventory availability Y Y at the time purchase order is received. All products are non-cancelable/non-returnable unless 8870 Jungle Trail otherwise agreed upon in writing. All returns are subject to restock charges, and will require an authorization prior to being sent back in original and unused packaging. Additional surcharge(s) "sy may apply and will be applied at the time of shipment. Please note that due to factors with the potential to create cost changes, prices are subject to change without notice. Items will be Wabasso, FL 32970invoiced at the prices in effect at the time of shipment. All sales are subject to the Ryan Herco Flow Solutions Terms and Conditions of Sales and Warranty fix' oom/terms-conditions.html Note: The following does not include Shipping & Handling, Tax, or other applicable charges. Product # Description/Notes Uom Qty Price Total WILL REMAIN FOR 30 DAYS. *NON -RETURNABLE* *NON -CANCELLABLE AFTER SUBMITTAL DRAWING APPROVED & RELEASED TO MFG PRODUCTION. *RHFS IS ONLY RESPONSIBLE FOR *ITEMS ON THIS QUOTE. ANY ITEM *NOT QUOTED MAY CAUSE PRICING *TO CHANGE. ITEMS QUOTED ARE *BASED ON ORIGINAL DISCUSSION *& REQUIREMENTS FROM CUSTOMER. *ADDITONAL FITTINGS & FITTING *SIZE CHANGES MAY BE REQUIRED. TANK DRAWINGS AVAILABLE UPON REQUEST. TANK SPECIFICATIONS AVAILABLE UPON REQUEST. TANK GUIDELINES FOR USE AND INSTALLATION AVAILABLE UPON REQUEST. STANDARD SNYDER WARRANTY APPLIES. EXTENDED WARRANTIES AVAIL. UPON REQUEST. ---- Package Subtotal: 128,210.44 Freight Charge 16,920.00 Subtotal: 145, 130.44 DMPRTBID 10/31/24 06:32 AA PUT Harrington Ind Plast Harrington Ind Page 1 of 3 #7358060 k Harrington Industrial Plastics LLC Harrington Industrial Plastics 3652 Old Winter Garden Road Orlando FL 32805 Phone: 407-835-1558 Attention: Mike Uveday 772-226-3423 Company: INDIAN RIVER COUNTY To: jyrodriguez@hipco.com From: Joe E. Rodriguez Subject: QUOTE 038DO478 Memo: Fax: 407-4204758 115 10/31/24 06:32 AN PUT Harrington Ind Plast Harrington Ind Page 2 of 3 #7358060 Harrington Industrial Plastics Quotation# 038D0478 3652 Old Winter Garden Road Written: JYR Orlando FL 32805 Quote Date 10/31/24 407-835-1558 Expire Date 11/14/24 407-420-4758 Fax Page 1 OF 2 Quotation 053632 Ship To: INDIAN RIVER COUNTY IRCDUS CENTRAL WWTF FINANCE DEPARTMENT ADMIN BUILDING 3RD FLOOR 3550 49TH ST 1840 25TH STREET KEVIN GIBSON 772-226-3221 VERO BEACH, FL 32960 VERO BEACH, FL 32967-6303 Job: CENTRAL WWTF RFQ# ----------------------------------------------------------------------=-------- ------------------------------------------------------------------------------- Contact: Mike Loveday 772-226-3423 Ship Via: BEST WAY POSSIBLE Phone#: 772-567-8000 FOB / Delivery ARO: SHIPPING POINT Fax: Frt-Terms: CHARGE OUTBOUND ONLY ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Product/Description Quantity Price U/M Extension ------------------------------------------------------------------------------- 5660000N45 5500 GAL TANK CAPTOR CONT SYS NAT HDPE 1201'x172" 1.9SG 18" 35600551 HARRINGTON SOLD AND SERVICED BY LABEL 34300012 18" CAP MANWAY T PE VENTED W/15" ACCESS OPENING WRAP -5 WRAP PROTECTIVE PLAST 4000-9500 GAL (120" DIA) 34700259 3" FITTING BKHD T PVC EPDM GSKT W/U-VENT 34700901 SCREEN BUG FOR U -VENT 1070000N -2E ASSEMBLY TRANS FTG OUTLET EPDM FOR 2" BOLTED FTG FOR CAPTOR 34700221 2" FITTING DBL FLG S PVC EPDM GSKT ENCAP 316SS BOLTS 34200015 2" FITTING BKHD SxT PVC EPDM GSKT 34701030 LEAK DETECTION SENSOR FOR STD SYSTEM (275-1500 DCT & 3 26652.52 EA 79,957.56 3 0.00 EA 0.00 3 85.16 EA 255.48 3 220.96 EA 662.88 3 183.05 EA 549.15 3 19.09 EA 57.27 3 465.42 EA 1,396.26 3 246.58 EA 739.74 3 93.74 EA 281.22 3 691.52 EA 2,074.56 116 Continued 10/31/24 06:32 AM PUT Harrington Ind Plast Harrington Ind Paye 3 of 3 #7358060 F Harrington Industrial Plastics Quotation# 038D0478 3652 Old Winter Garden Road Written: JYR Orlando FL 32805 Quote Date 10/31/24 407-835-1558 Expire Date 11/14/24 407-420-4758 Fax Page 2 OF 2 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Product/Description Quantity Price U/M Extension ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Merchandise Tax Est.Freight / Handling Net Quote Total ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- 85,974.12 6,761.95 19,905.00 112,641.07 ------------------------------------------------------------------------------- Thanks For Thinking Harrington. Respectfully Joe E. Rodriguez All Quotations are subject to review upon placement of order. Freight/Handling and applicable taxes if not listed above will be added. Harrington standard terms and conditions apply to this quote. 117 11/05/24 07:42 AH PST Harrington Ind Plast Harrington Ind Page 1 of 2 #7363649 F Harrington Industrial Plastics Quotation# 038DO453 3652 Old Winter Garden Road Written: JZD Orlando FL 32805 Quote Date 10/30/24 407-835-1558 Expire Date 11/13/24 407-420-4758 Fax Page 1 OF 2 Quotation 053632 Ship To: INDIAN RIVER COUNTY IRDUS/S.R.W.W.T.F FINANCE DEPARTMENT ADMIN BUILDING 3RD FLOOR 2500 6TH AVE SW 1840 25TH STREET KURT STEFFEN 772-226-1914 VERO BEACH, FL 32960 VERO BEACH, FL 32962-8138 Job: SOUTH WWTF RFQ# ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Contact: Mike Loveday 772-226-3423 Ship Via: BEST WAY POSSIBLE Phone#: 772-226-1914 FOB / Delivery ARO: SHIPPING POINT Fax: Frt-Terms: CHARGE OUTBOUND ONLY ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Product/Description Quantity Price U/M Extension ------------------------------------------------------------------------------- 566000ON45 5500 GAL TANK CAPTOR CONT SYS NAT HDPE 120"X172" 1.9SG 18" 35600551 HARRINGTON SOLD AND SERVICED BY LABEL 34300012 18" CAP MANWAY T PE VENTED W/15" ACCESS OPENING WRAP -5 WRAP PROTECTIVE PLAST 4000-9500 GAL (120" DIA) 34700259 3" FITTING BKHD T PVC EPDM GSKT W/U-VENT 34700901 SCREEN BUG FOR U -VENT 1070000N -2E ASSEMBLY TRANS FTG OUTLET EPDM FOR 2" BOLTED FTG FOR CAPTOR 34700221 2" FITTING DBL FLG S PVC EPDM GSKT ENCAP 316SS BOLTS 34200015 2" FITTING BKHD SxT PVC EPDM GSKT 34701030 LEAK DETECTION SENSOR FOR STD SYSTEM (275-1500 DCT & 2 26652.52 EA 53,305.04 2 0.00 EA 0.00 2 85.16 EA 170.32 2 220.96 EA 441.92 2 183.05 EA 366.10 2 19.09 EA 38.18 2 465.42 EA 930.84 2 246.58 EA 493.16 2 93.74 EA 187.48 2 691.52 EA 1,383.04 118 Continued 11/05/24 07:42 AM PST Harrington Ind Plast Harrington Ind Page 2 of 2 #7363649 E Harrington Industrial Plastics Quotation# 038D0453 3652 Old Winter Garden Road Written: JZD Orlando FL 32805 Quote Date 10/30/24 407-835-1558 Expire Date 11/13/24 407-420-4758 Fax Page 2 OF 2 ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Product/Description Quantity Price U/M Extension ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Merchandise Tax Est.Freight / Handling Net Quote Total ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- 57,316.08 4,507.97 13,270.00 75,094.05 ------------------------------------------------------------------------------- Thanks For Thinking Harrington. Respectfully Jonathan DePasquale All Quotations are subject to review upon placement of order. Freight/Handling and applicable taxes if not listed above will be added. Harrington standard terms and conditions apply to this quote. 119 Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney �9 Consent Agenda — 12/3/2024 B.C.C. Oce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners FROM: Christopher A. Hicks, Assistant County Attorney DATE: November 18, 2024 ATTORNEY SUBJECT: Annual Resolution Delegating authority to Call Letters of Credit in Local Emergencies to the County Administrator BACKGROUND. The attached resolution delegates to the County Administrator, or his designee, the authority to execute resolutions calling letters of credit as necessary during a state of local emergency and declared state of Florida emergency affecting Indian River County from December 3, 2024, through December 31, 2025. Funding: There are no costs associated with this agenda item. Requested Action: Adopt the resolution delegating authority to the County Administrator, or his designee, to Call Letters of Credit in local emergencies and to act in a state declared emergency affecting Indian River County effective from December 3, 2024, through December 31, 2025. Attachment: Resolution 120 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING THE AUTHORITY TO THE COUNTY ADMINISTRATOR OR HIS DESIGNEE, TO MOM RESOLUTIONS CALLING LETTERS OF CREDIT AS NECESSARY DURING AVECLARED STATE OF LOCAL EMERGENCY OR DECLARED STATE ,fly FLORIDA EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2024-30 EFFECTIVE DECEMBER 3, 2024; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 901.05.1.q of The Code of Indian River County allows the Board to authorize the County Administrator, or his designee, to perform other duties on behalf of the Board of County Commissioners; and WHEREAS, various letters of credit are posted with the County to, among other things, guaranty performance or warranty of improvements as well as compliance and restoration of sand mines, and many letters of credit have certain call language requiring a resolution of the Board of County Commissioners declaring default or failure to post alternate security; and WHEREAS, during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County, it is very unlikely that the Board of County Commissioners would meet; and WHEREAS, it is necessary to delegate specific authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of such declared emergency; and WHEREAS, it is necessary to delegate additional signing authority, not previously delegated by Florida Statutes, The Code of Indian River County, and Indian River County resolutions, to the County Administrator or his designee during the period of such declared emergency. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. Resolution No. 2024-30 of the Indian River County Board of County Commissioners which speaks to delegation of authority to execute resolutions calling letters of credit as necessary during a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County is hereby rescinded in its entirety effective December 3, 2024,-_ 2. The County Administrator, or his designee, is hereby delegated the authority to execute resolutions on behalf of the Board of County Commissioners to call letters of credit which might expire or otherwise require action to be taken during the period of a declared State of Local Emergency or declared State of Florida Emergency affecting Indian River County. Any resolutions executed by the County Administrator or his designee, to call letters of credit during any declared State of Local Emergency or State of Florida Emergency affecting Indian River County are to be accompanied by a copy of this Resolution. 121 RESOLUTION NO. 2024- & The Effective Date of this Resolution is December 3 , 2024, and this Resolution shall continue in effect through calendar year 2025. 4. 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 Joseph E. Flescher Vice -Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this 3d day of December, 2024 with an effective date of December 3, 2024. ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller By: Deputy Clerk Approved as to forrp) and legal sufficiency: M F Hicks, Assistant County Attorney K BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman 122 Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney �u Consent Agenda —12/03/2024 B.C.C. Ofce of INDIAN RIVER COUNTY lu 1 D10 [I) :7:1%►111061 TO: Board of County Commissioners FROM: Christopher A. Hicks, Assistant County Attorney DATE: November 18, 2024 ATTORNEY SUBJECT: Annual Resolution Delegating authority to declare local Emergencies to the County Administrator BACKGROUND. The attached resolution delegates to the County Administrator, or his designee, the authority to declare states of local emergencies and to act in a State of Florida declared emergency affecting Indian River County from December 3, 2024, through December 31, 2025. Fundin : There are no costs associated with this agenda item. Requested Action: Adopt the resolution delegating authority to the County Administrator, or his designee, to declare states of local emergencies and to act in a state declared emergency affecting Indian River County effective from December 3, 2024, through December 31, 2025. Attachment: Resolution 123 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DELEGATING AUTHORITY TO THE COUNTY ADMINISTRATOR TO DECLARE STATES OF LOCAL EMERGENCIES AND TO ACT IN A STATE OF FLORIDA DECLARED EMERGENCY AFFECTING INDIAN RIVER COUNTY; RESCINDING RESOLUTION NO. 2024-016 EFFECTIVE DECEMBER 3, 2024; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to declare that a state of local emergency exists in Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any local emergency that may arise from December 3, 2024, through calendar year 2025; and WHEREAS, the Board has determined that it is in the best interests of the County to delegate the authority to issue orders and rules, including Emergency Orders, during a State of Florida declared emergency affecting Indian River County to the County Administrator acting as Indian River County Emergency Services District Director for any declared emergency that may arise from December 3, 2024, through calendar year 2025. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: Resolution No. 2024-016 of the Indian River County Board of County Commissioners which speaks to delegation of authority is hereby rescinded in its entirety effective December 3, 2024. Commencing December 3, 2024, and continuing through December 31, 2025, the Indian River County Administrator acting as Indian River County Emergency Services District Director, or his designee, is hereby delegated the authority: (i) to declare a state of local emergency for Indian River County pursuant to Florida Statutes section 252.38(3)(a)(15)(2021); and (ii) to issue orders and rules, including, without limitation, the ability to issue Emergency Orders for Indian River County, during a period of a declared emergency pursuant to any duly issued Executive Order concerning Emergency Management issued by the Governor of the State of Florida declaring that a disaster and/or emergency [as such terms are defined in Florida Statutes sections 252.34 (2) and (4) respectively) exists in Indian River County. The Resolution was moved for adoption by Commissioner , and the motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice -Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss 124 RESOLUTION NO. 2024 - The Chairman thereupon declared the Resolution duly passed and adopted this 3rd day of December, 2024 with an effective date of December 3 , 2024. ATTEST: Ryan L. Butler, Clerk of Circuit Court and Comptroller In Deputy Clerk BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FWRIDA Bv: Joseph E. Flescher, Chairman Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney a O�Ge of Q?isentAgenda 12/3/2024 INDIAN RIVER COUNTY ATTORNEY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: November 21, 2024 SUBJECT: Employment Contract for the Deputy County Attorney Background: Susan J. Prado is currently under contract and serves as the Deputy County Attorney. She was hired in 2019 and she first served as the Assistant County Attorney until she was promoted to Deputy County Attorney in July, 2023. Indian River County recently conducted a salary study for most of its employees. The attorneys under contract in our office were not included in that study. However, with the help of Human Resources, I have pulled salary data for Deputy County Attorneys in several counties that were identified as "market peers" in the Evergreen solutions study. Based on this research, I have concluded that Ms. Prado's current salary is well below the mid-range average for Deputy County Attorneys in comparable counties. I am recommending that Ms. Prado's salary be raised to $165,000 per year. I am attaching a new proposed 3 year contract for Ms. Prado, which includes this salary increase. All of the other terms in the Deputy County Attorney agreement remain unchanged. Funding: Additional funding in the amount of $26,774.77 is necessary to cover this increase in expenses. This funding will be made available through a future budget amendment from General Fund/Reserve for Contingency. In the event that Ms. Prado becomes Board certified in City, County, Local Government Law, additional funds would need to be made available to cover a 5% incentive increase. Recommendation: The County Attorney recommends the Board of County Commissioners approve the attached employment contract for Deputy County Attorney Susan Prado. Attachment(s): Employrrient Contract for Susan Prado 126 DEPUTY COUNTY ATTORNEY EMPLOYMENT AGREEMENT This Agreement is made and entered into as of this day of December 2024, by and between Jennifer W. Shuler as the County Attorney for Indian River County, Florida, (hereafter "COUNTY ATTORNEY") and Susan J. Prado (hereafter "DEPUTY COUNTY ATTORNEY"). SECTION 1. EMPLOYMENT The COUNTY ATTORNEY hereby employs the DEPUTY COUNTY ATTORNEY as an employee of Indian River County, Florida ("County") for a period of three (3) years, effective December 3, 2024. SECTION 2. ASSISTANT COUNTY ATTORNEY'S DUTIES The DEPUTY COUNTY ATTORNEY shall devote full time and attention to the practice of law on behalf of County. The DEPUTY COUNTY ATTORNEY shall not engage in the compensated practice of law except as an employee of County, unless authorized by the COUNTY ATTORNEY to do so. SECTION 3. ETHICS OF THE DEPUTY COUNTY ATTORNEY The DEPUTY COUNTY ATTORNEY shall abide by and perform all assigned duties in accordance with the Rules Regulating The Florida Bar, as established and amended from time to time by the Supreme Court of Florida (including, without limitation, the Rules of Professional Conduct) and all other ethical standards set forth in applicable laws, regulations, county ordinances and rules of court. SECTION 4. ANNUAL COMPENSATION Beginning December 3, 2024, for all services rendered DEPUTY COUNTY ATTORNEY shall be paid an annual salary of $165,000.00 (One Hundred Sixty -Five Thousand dollars) ("Salary"), payable in twenty-six (26) bi-weekly installments of $6,346.16, as adjusted for required deductions. DEPUTY COUNTY ATTORNEY's salary shall be increased by any general or cost -of -living increases granted to other full-time, non -contract employees of the County. DEPUTY COUNTY ATTORNEY shall be deemed to be an exempt employee for the purposes of the Fair Labor Standards Act. DEPUTY COUNTY ATTORNEY shall also be eligible for annual pay progression increase as provided in Indian River County Administrative Policy Manual section AM -304.1(5), the current annual review date shall remain the same and will not change. DEPUTY COUNTY ATTORNEY shall be eligible for a one-time pay increase of 5% if she successfully obtains Florida Bar Board certification in City, County and Local Government law. DEPUTY COUNTY ATTORNEY shall be entitled to a car allowance in the standard amount for senior County employees receiving a car allowance. 127 SECTION 5. INDIAN RIVER COUNTY ADMINISTRATIVE MANUAL Except as set forth herein, DEPUTY COUNTY ATTORNEY shall be subject to and entitled to the same rights, responsibilities and benefits as other exempt County employees, as set forth in the Indian River County Administrative Manual, as applied from time to time ("Manual"); provided, however, that DEPUTY COUNTY ATTORNEY shall not be subject to Policy AM -807.1 (Disciplinary Procedure) and Policy AM -807.2 (Offenses/ Disciplinary Pattern). In exchange for giving up the rights set forth in Policy AM -807.1 and Policy AM - 807.2 DEPUTY COUNTY ATTORNEY shall be entitled to severance rights as set forth in Section 10 below. In determining accrued paid vacation leave, DEPUTY ATTORNEY shall receive service credit on a year for year basis inclusive of the prior three years of service as an attorney for the state of Florida Guardian ad Litem Program. SECTION 6. ADDITIONAL BENEFITS In addition, County shall pay for DEPUTY COUNTY ATTORNEY's continuing legal education, as necessary to maintain membership in The Florida Bar. The term "continuing legal education" includes program fees, travel, lodging, and per diem expenses. County shall pay DEPUTY COUNTY ATTORNEY's Florida Bar dues, relevant Florida Bar section fees, Florida Association of County Attorneys dues, and Indian River County Bar Association dues. DEPUTY COUNTY ATTORNEY shall be entitled a included in the Senior Management Class of the Florida Retirement System. SECTION 7. NATURE OF EMPLOYMENT DEPUTY COUNTY ATTORNEY acquires no property rights in employment as described in Policy AM -807.01 but has only the contractual rights set forth or incorporated by reference in this employment agreement. SECTION 8. TERM This employment agreement is for three (3) years from the commencement date written above. The agreement is not continuing in nature and must be renewed. DEPUTY COUNTY ATTORNEY shall schedule the renewal of her employment agreement as an item for consideration by the COUNTY ATTORNEY at a meeting to be held no later than 30 days prior to expiration of the then -existing term of the agreement. SECTION 9. TERMINATION This Agreement may be terminated with or without cause by either party upon sixty (60) days written notice delivered to the other party. At COUNTY ATTORNEY's option, County may pay sixty (60) days Salary in lieu of notice. 2 128 SECTION 10. SEVERANCE In the event that the COUNTY ATTORNEY either (i) terminates this Agreement without cause, or (ii) fails without cause to renew this Agreement on terms equally favorable to DEPUTY COUNTY ATTORNEY, County shall pay DEPUTY COUNTY ATTORNEY a severance amount equal to one (1) month of Salary for each completed two (2) years of employment, capped at four (4) months of Salary, less required deductions ("Cap Amount"); provided, however, that if applicable law does not allow payment of said amount, then County shall pay DEPUTY COUNTY ATTORNEY the maximum amount which is allowed by applicable law up to the Cap Amount. For the purposes of this Agreement, the term "cause" shall mean any of the following: (i) material breach of this contract, (ii) serious breach of a County policy or ordinance, (iii) violation of any state or federal law reflecting a serious lack of honesty, character or integrity, or (iv) any other serious misconduct adversely impacting the County or its operations or reputation. In the event that a determination of cause depends solely on the outcome of pending disciplinary, criminal or other such proceedings, County may defer its decision on whether to pay severance until completion of such proceedings. Regardless of whether a termination or failure to renew is with or without cause, DEPUTY COUNTY ATTORNEY shall be paid accrued annual vacation and sick leave in accordance with the Manual; provided, however, that to the extent that DEPUTY COUNTY ATTORNEY was employed under a prior employment agreement which provided that DEPUTY COUNTY ATTORNEY would be paid "in full" for such accrued leave, ATTORNEY shall be paid in full for such leave during the period of time that DEPUTY COUNTY ATTORNEY worked under such prior employment agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed at Vero Beach, Florida, on the date set forth below. DEPUTY COUNTY ATTORNEY' Susan J. Prado Date approved: December , 2024 COUNTY ATTORNEY Jennifer W. Shuler 3 129 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Deputy County Administrator / Department of General Services Library Services Division Date: November 22, 2024 To: The Honorable Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Cindy Emerson, Community Services Director From: Elizabeth L. Stenger, Director of Library Services Subiect: Indian River Countv Library State Aid to Libraries Grant C T t Agendaing 121312024 BACKGROUND In order to comply with the State Division of Library Information Services State Aid Grant Application, the Indian River County Library System must have the Grant Agreement, Certification of Hours, and Annual Plan approved by the Governing Board and the Grant Agreement and Certification of Hours signed by the Chair. DESCRIPTIONS AND CONDITIONS: The State Aid to Libraries Grant awarded to Indian River County Libraries was $60,962 for Fiscal Year 2023-24. The Grant requires Indian River County Library System to provide free library service, including loaning materials available for circulation free of charge and providing reference and information services free of charge. The libraries must provide access to materials and information and services for all residents of the area served; and, to have at least one library, branch library, or member library open 40 hours or more each week. Additionally, the Indian River County Library System must have a Commission Approved Annual Plan of Service on file. The Annual Plan of Service is an outline of the Indian River County Library System's focus of activities during the year. The plan supports the goals, objectives, and action plan for the Library System's Long -Range Plan, and is supported by the Library System's budget. FUNDING: No funding is required. RECOMMENDATION: Staff respectfully recommends that the Board of County Commissioners approve the Indian River County Library System State Aid Grant Agreement, Certification of Hours, and Annual Plan and authorize the Chairman to sign and return the State Aid Grant Agreement and Certification of Hours for FY 2024-25 to the Library Services Director to be forwarded to the appropriate State Library staff. ATTACHMENTS: State Aid to Libraries Grant Agreement Certification of Hours, Free Library Service and Access to Materials Annual Plan of Service FY 2024-2025 AGENDA ITEM FOR DECEMBER 3, 2024 130 25 -ST -21 Indian River County Library STATE AID TO LIBRARIES GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE AND Indian River County for and on behalf of Indian River County Library 11>is Agreement is by and between the State of Fbrida, Department of State, Division of Unary and Information Services, hereinafter refined to as the "Division," and the Indian River Cowitybr and on bebaffof Indian River County Urary, hereinafter referred to as the 'Urantee." The Cttar>tee has submitted an application and has met an ehgbnlity requirements and has been awarded a State Aid to Libraries Grant (CSFA 45.030) by the Division in the amunt specified on the "Fiscal Year 2024-25 State Aid to Libraries Final Grants" docur ent (which is incorporated as part of tbis Agreemed and entitled Attachment B). The Division has the authority to adnmister dw grai t in accordance with Section 257, Florida Statutes. By reference, the application and any approved revisions are hereby made a part of this agreement. In consideration of the mtual covenants and promises codtained herein, the parties agree as finlbws: 1. Grant Pwpose. This grant shall be used exclusively for the "State Aid to Libraries Gaut," the public purpose for which these fiords were appropriated. a) the Grutee shall perform the fbHowing Scope of Wolk: In accordance with Sections 257.17-257.18, Florida Statutes, the Grantee shall receive a grant amount that is calculated and based upon local fimds expended during the second preceding fiscal year for the operation and maintenance ofthe library. For this grant, the local expenditures shall have been made during the period October 1, 2022 - September 30, 2023. In order to be eligble to receive the g}art finding, the Gran tee shall manage or coordinate fiee library service to the residents of its legal service area for the period October 1, 2022 through Jame 30, 2025. The Cnantee shalt o Have a single adnnashative head employed finll time by the library's governing body; o Provide free library service, including baning materials available for circulation fiee of charge and providing rekrence and information services fee of charge; o Provide access to iaterials, ii1bu ation and services for aIlresidents ofthe area served; and o Have at least one library, bnamch library or member library open 40 hours or more each week (exchndirig holidays or emergencies; between Sunday through Saturday, on a schedule detemmed by the hbrary system) doing the length of the agreement. b) The Caartee agrees to provide the following Deliverables related to the Scope of Work for payments to be awarded. Payment 1, DeliveiabWrask : State Aid. to Libraries Gant Agreement (ForinDUS/SA02) Chapter I&2.011(2)(a), Florida Adnanistrative Code, Effective wx= 131 Par:1 Payment will be a fixed price in the amount of 100% of the grant award for the period October 1, 2022 through June 30, 2025. The Grantee will: o Have expended fiords to provide free library service during the period October 1, 2022 - September 30, 2023; o Provide an Expenditure Report and certification of Local Operating Fxpenditu es for the period October 1, 2022 - September 30, 2023 only, o Provide documentation showing that at least one library, branch library or member library is open 40 hours or more each week (excluding holidays or emergencies; between Sunday through Saturday, on a schedule determined by the library system) during the length of the agreement; o Provide the Certification of Credentials for the Single Administrative Head; and o Provide a Certification of Hours, Free Library Service and Access to Materials. c) Grant fiords shall be used for the operation and maintenance of the library. The allowable budget categories are: Personnel Services (salaries, wages, and related employee benefits provided for all persons employed by the reporting entity whether on fi& time, part-time, temporary, or seasonal basis); Operating Expenses (expenditures for goods and services which primarily benefit the current period and are not defined as personal services or capital outlays); Non -Fixed Capital Outlay (outlays for the acquisition of or addition to fixed assets); and Other (other operating expenditure categories in the library budget). 2. Length of Agreement. This Agreement covers the period of October 1, 2022 to June 30, 2025, unless terminated in accordance with the provisions of Section 30 of this Agreenierit. This period begins with the start of the Grantee's second preceding fiscal year (October 1, 2022) and concludes with the end ofthe State ofFlorida's current fiscal year (June 30, 2025). 3. Expenditure of Grant Funds. Grant finds will be used to reimburse a portion of local finds expended by the Grantee during their second preceding fiscal year (October 1, 2022 — September 30, 2023) for the operation and maintenance of library and shall not exceed the amount specified in Attachment B. 4. Contract Administration. The parties are legally bound by the requirements of this agreement Each part)/s contract manager, named below, will be responsible for monitoring its perfomxnce under this Agreement and will be the official contact for each party. Any notice(s) or other communications regarding this agreement shall be directed to or delivered to the other partys contract manager by utilizing the inlommation below. Any change in the contact information below should be submitted in writing to the contract manager within 10 days of the change. For the Division of Library and Wornration Services: Tom Pena, Grant Programs Supervisor Florida Department of State RA Gay Building Marl Station # 9D 500 South Bronough Street Tallahassee, FL 32399-0250 Phone: 850.245.6620 Finian: Thomas.Pena@dosAgpv For the Grantee: State Aid to libraries Cmant Agreement (FormDUS/SA02) Chapter IB -2.011(2)(a), Florida Administrative Cade, Effective xx m= 132 Pap:2 Einbeth Stenger Indian River County Library 1600 21st Street Vero Beach Florida 32960 Phone: 7724006304 Finan: mWnger@Wkffiva.gov 5. Grant Payments. The total grant award shall not exceed the amount specified on the "Fiscal Year 2024-25 State Aid to l braries Final Grants" docrmreri (Attachment B), which shall be paid by the Division in consideration for the Grantee's mk icn rnperfirnmance as set fDrth by the terms and conditions of this Ageemer4. Payrnent wM be a fired price in the amount of 1001/o of the grant award as specified in Attachment B. Payment wriH be made in accordance with the completion of the Deliverables. 6. Flectromc Payments. The Grantee can choose to use electronic finds transfer (EFT) to receive grant paymerrts. All grantees wishing to receive their award through EFT must submit a Vendor Direct Deposit Audioruation Form (form nnunber DFS -AI -26E, rev 3/2022), incorporated by reference, to the Florida Department of Financial Services. If EFT has already been set up for your organization, you do not need to submit another authorization fmm unless you have changed bank accounts. To download this form visit nJuddacfir.com(docs-&&&guofine:and- auditing- hbraries/vendors/vendor-rehtions/dfs-al-26e-direct-deposit- vendors, pfl sfvnsn=e$728cf 16. The farm also includes tools and inbirmation that allow you to check on payments. 7. Florida Substitute Form WA. A completed Substitute Form W-9 is required from any entity that receives a payment from the State of Florida that may be subject to 1099 reporting. The Department offinancial Services (DFS) mist have the correct Taxpayer Identscation Number (MT) T) and other related infirmration in order to report accurate tax infiorrnation to the Internal Revenue Service (IRS). To register or access a Florida Substitute Form W-9 visit flvendor.mv&bridacfn.com A copy of the Grantee's Florida Substitute Form WA must be submitted by the Grantee to the Division before or with the executed Agreement. 8. Financial Consequences. The Department shall apply the following financial consequences for Mire to perform the minimum level of services required by this Agreement in accordance with Sections 215.971 and 287.058, Florida Statutes: The Department shall require the return of the award in a prorated amount based upon the percentage of time that the hbrary framed to perforrnthe ninin un level of services. The pronated reduction wM be in the same percentage as the percentage oftame that the library was not providing mmunan level of services. 9. Credit line(s) to Acknovdedge Grant Funding. The Division requires public acknowledgement of State Aid to l braries Grant finding for activities and publications supported by grant finds. Any announcements, information, press releases, publications, brochures, videos, webpages, programs, etc., created as part of a State Aid to libraries Gear t project must include an acknowledglnrent that State Aid to libraries Grant finds were used to create them Use the following text: "Kris project has been finded under the provisions ofthe State Aid to libraries Grant program administered by the Florida Department of State's Division oflibrary and Inkmnation Services." 10. Grant Expenditures. The Grantee agrees to expend all grant finds received under this agreement solely for the purposes for which they the Department of f iuuncial Services' ReL=e Guide finr State Expenditures (as of October 2022), incorporated by reLzence, which are available online at my9oridacfo.comidocs-sflaccoimtmgand-auditole-hbmries/state-Agencies/reference-onde,-for-state- eamendihaes.pdf sfvlsn=b4cc3337 2. Gram fields may not be used fpr the pumbase or construction of a library building or library quarters. 11. 'travel Expenses. The Grantee mast pay any travel expenses, from grant or local matching fiords, in accordance to the provisions of Section 112.061, Florida Statutes. 12. Umbligated and Unearned Fonds and ABomble Costs. In accordance with Section 215.971, Florida Statutes, the Grantee sball refimd to the State of Fbrida any balance of unobligated funds which bas been advanced or paid to the Grantee. In additions fiords paid in excess of the amount to wbich the recipient is entitled under the terns and conditions of the agreement mast be refimded to the state agency. Furdaer, the recipiett may expend fiords only for allowable costs resulting from obligations incurred during the specified agreement period. Expendituues of state financial assistance must be in compliance with the laws, rules and regulations applicable to expenditures of State funds as outlined in the Department of Financial Service's ReEwrice Guide for State Expenditures (as of October 2022) M oridacfo.corridocs-sfiaccoutn--and-audrtarghbmms/stats-agent'res/reference-gide-fpr-state-e—r,gm sl_ .2M. sfvrsr>=b4cc3337 2, incorporated by reference. 13. Repayment. All refirds or repayments to be made to the Department under this agreement are to be made payable to the order of "Department of State" and mailed directly to the following address: Florida Department of State, Attention 'Thomas Pena, Division of Library and Informatim Services, 500 South Bronough Street, Marr Station #913, Tallahassee, FL 32399. In accordance with Section 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, Recipient shall pay to the Department a service fee of $15.00 or five percent (5%) of the face amount of the returned check or drat}, whichever is greater. 14. Single Audit Act. Each Grantee, other than a Grantee that is a State agency, shall submit to an audit pursuant to Section 215.97, Florida Statutes. See Attachment A for additional information regarding this requirement emert. If a Grantee is not requited by law to conduct an audit in accordance with the Florida Single Audit Act because it did not expend at least $750,000 in state financial assistance, it mast submit a Financial Report on its operations pursuant to Section 218.39, Florida Statutes within nine months of the close of its fiscal year. Audits must be submitted on the DOS Grants System at dosgrarts.com 15. Retention of Accounting Records. Financial records, supporting documents, statistical records and all other records, including electronic storage media perWient to the Project, shall be retained for a period of five (5) fiscal years after the closeout ofthe grant and release of the audit. If any litigation or audit is initiated or claim made before the expiration of the five-year period, the records sbaH be retained for five fiscal years after the litigation, audit or claim has been resolved. 16. Obligation to Provide State Access to Grant Records. 'Ilse Grantee must make aH grant records of expenlit=s, copies ofreports, books, and related documnentation available to the Division or a duly authorized representative of the State of Florida for inspection at reasonable times for the purpose of making audits, examinations, excerpts and transcripts. 17. Obligation to Provide Public Access to Grant Records. The Division reserves the rigit to umnlatei ally cancel this Agreemeit in the evert that the Grantee refines public access to all documents or other materials made or received by the Grantee that are subject to the provisions of Cbapter 119, Florida Statutes, known as the Florida Public Records Act. The Grantee m uA immediately contact the Lion's Contract Manager for assistance if it receives a public records request related to this Agreement. Pap:4 State Aid to libraries Crant Agreement (Foam DUS/SA02) Chapter 152.011(2)(a), Florida Adrmnistrad- Code, Fffective xc moa 134 18. Noncompliance. Any Grantee that is not following Florida Statutes or rules, the teras of the grant agreement, Florida Department of State (DOS) policies and guidance, local policies, or other applicable law or that has not submitted required reports or satisfied other administrative requirements for other Division of Library and Information Services grants or grants from any other DOS Division will be in noncompliance status and subject to the DOS Grants Compliance Procedure. DOS Divisions incl de the Division of Arts and Culture, the Division of Elections, the Division of Historical Resources and the Division of I brary and Infomnation Services. Grant compliance issues must be resolved before a grant award agreement may be executed and before grant payments for any DOS grant may be released. 19. Accounting Requirements. The Grantee nest maintain an accounting system that provides a corrplete record of the use of all grant Rinds as follows: a) The accounting system mast be able to specifically identify and provide audit trails that trace the receipt, nuintenrannce and expenditure of state finds; b) Accounting records mast adequately identify the sources and application of fiarnds for all grant activities and mist classify and identify grant fiords by using the sarre budget categories that were approved in the grant application If Grantee's accounting system accumilates data in a different fomiat than the one in the grant application, subsidiary records mast document and reconcile the amounts shown in the Grantee's accounting ng records to those amounts reported to the Division; c) An interest-bearing checkirng account or accounts in a state or federally chartered institution may be used for revenues and expenses described in the Scope of Work and detailed in the Estunated Project Budget; d) The name of the accourt(s) must include the grant award number; e) The Grantee's accounting records mast have effective control over and accountability for all funds, property and other assets; and fl Accounting records mast be supported by source documentation and be in sufficient detail to allow for a proper pre -audit and post -audit (such as invoices, bills and canceled checks). 20. Availability of State Fluff. The State of Florida's performance and obligation to pay under this Agreement are contingent upon an annual appropriation by the Florida Ugislature. In the event that the state funds upon which this Agreement is dependent are withdrawnn, this Agreement will be automaticafly term ated and the Division shall have no further liability to the Grantee beyond those amounts already expended prior to the temmiation date. Such terms nation will of affect the responsibility of the Grantee under this Agreement as to those Rinds previously distributed. In the event of a state revenue shortfall, the total grant may be reduced accordingly. 21. Lobbying. The Grantee will of use any grant funds for lobbying the state legislature, the state judicial branch or any state agency. 22. Independent Contractor Status of Grantee. The Grantee, if not a state agency, agrees that its officers, agents and employees, in perfonrince of this Agreement, shall act in the capacity of independent contractors and of as officers, agents or employees of the state. The Grantee is of entitled to accrue any benefits of state employment, including retirement benefits and any other rights or privileges connected with employment by the State of Florida. 23. Grantee's Subcontracton.The Grantee shall be responsible for all work performed and all expenses incurred in connection with this Agreement. The Grantee may subcontract, as necessary, to perform the services and to provide corn7ndities required by this Agreenrient. The Division shall of be liable to any subcontractor(s) for any expenses or liabilities incurred under the Grantee's subcontract(s), and the Grantee shall be solely liable to its subcorntractor(s) for all expenses and liabilities incurred under its subcontract(s). The Gran tee mast take the necessary steps to ensure that each of its subcontractors will be deemed to be independent contractors and will of be considered or State Aid to libraries Giant Agreement (FormDUS(SA02) Chapter 1B -2.011(2)(a), Florida Administrative Code, Effective roFmm 135 Page: 5 permitted to be agents, servants, joint venturers or partrnems of the Division 24. liability. The Division will not assume any liability for the acts, omissions to act or negligence of the Grantee, its agents, servants or employees; nor may the Grantee exclude liability for its own acts, omissions to act or negligence to the Division a) The Grantee shall be responsible for claim of any nature, including but not linrited to injury, death and property damage arising out of activities related to this Agreement by the Grantee, its agents, servants, employees and subcontractors. The Graitee shall indemnify and hold the Division harmless from any and all claim of any nature and shall investigate all such claim at its own expense. Ifthe Grantee is governed by Section 768.28, Florida Statutes, it shall only be obligated in accordance with this Section b) Neither the state nor any agency or subdivision of the state waives any defense of sovereign nrmmity or increases the limits of its liability by entering into this Agreement. c) The Division shall mt be liable for attorney fees, interest, late charges or service fees, or cost of collection related to this Agreement. d) The Grantee shall be responsible for all work performed and all expenses incurred in connection with the project. The Grantee may subcontract as necessary to perform the services set forth in this Agreement, including entering into subcontracts with vendors for services and commdities, provided that such subcontract has been approved in writing by the Department prior to its execution and provided that it is understood by the Grantee that the Department shall not be liable to the subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract 25. Strict Compliance with Laws. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable laws and regulations of the local, state and federal law. For consequences of noncompliance, see Section 18, Noncompliance. 26. Prohibition of Expenditures to a Library Association. Expenditure ofproject fords (grant funds and local match funds) must not be used for an activity related to a library association This prohibition does not apply to expenditure of project firmds related to a library cooperative that receives state moneys under sections 257.40-257.42, Florida Statutes. The Grantee shall perform all acts required by this Agreement in strict conformity with all applicable local, state and federal laws and regulations. The Grantee shall during the term of this Agreement be in strict conformrity with all applicable local, state and federal laws and regulations. 27. Total Compensation Paid to Non -Profit Personnel. Per Section 216.1366, Florida Statutes, all nonprofit organizations as defined in Section 215.97(2)(mn), Florida Statutes, shall complete and return to the division within 30 days of the execution of this grant agreement the "Total Compensation Paid to Non -Profit Personnel Using State Funds" report, incorporated by reference, which shall satisfy the requirement to provide documentation that indicates the amount of state fiords: a) Allocated to be used during the full term of the agreement for renumeration to any member of the board of directors or an officer of the contractor. b) 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 moist indicate the amounts and recipients of the renumeration Non -Profit organization grantees shall complete a Total Compensation Paid to Non -Profit report for each required filer for the invoice period covered by the Payment Request. State Aid to Uzaries C=ant Agreenmt (FormDUS(SA02) Chapter IB-2011(2)(a� Florida Administrative Code, Effective mi-mcm 136 Page: 6 The grantee shall also post their reports on thea website, and the public agency shall post all reports to FACTS. 28. No Discrimination. The Grantee may not discriminate against any employee employed under this Agreement or against any applicant for errployiment because ofrace, color, religion, gender, national origin, age, handicap, pregnancy or marital status. The Grantee shall insert a si nilar provision in all of its subcontracts for services under this Ageemern. 29. Breach of Agreement. The Division will demand the retian ofgrant fiords already received, will withhold subsequent payments and/or will ter muriate this agreement if the Grantee improperly expends and manages grant funds; fang to prepare, preserve or surrender records required by this Agreerrut; or otherwise violates this Agreement. 30. Termination of Agreement. The Division won terminate or end this Ageenment ifthe Grantee fang to fiffil its obligations herein. In such evert, the Division will provide the Grantee a notice of its violation by letter and shall give the Grantee Been (15) calendar days from the date of receipt to cure its violation Ifthe violation is not cured within the stated period, the Division will termamate this Agreement. The notice ofviolation letter shall be delivered to the Grantee's Contract Manager, personally, or mailed to his/her specified address by a method that provides proof of receipt. In the event that the Division terminates this Agreemenrt, the Grantee shall be compensated for any work completed in accordance with this Agreemmment prior to the notification of ternniiation if the Division deems this reasonable under the circumstances. Granit funds previously advanced and not expended on work completed in accordance with this Agreement shall be returned to the Division, with interest, within thirty (30) days ager termination of this Ag memeni. The Division does not waive any of its rights to additional damages if grant fiords are returned under this Section 31. Preservation of Remedies. No delay or omission to exercise any night, power or remedy accruing to either party upon breach or violation by either party under this Agreemert shall impair any such right, power or renmedy of either party; nor shall such delay or omission be construed as a waiver of any such breach or default or any similar breach or default 32. Non -Assignment of Agreement. The Grantee may not assign, sublicense or otherwise transfer its rights, duties or obligations under this Agreement without the prior written consent ofthe Division, which sball not unreasonably be withheld. The agreement transferee must demonstrate compliance with the requirements ofthe project Ifthe Division approves a transfer oftbe Grantee's obligations, the Grantee shall remain liable for all work performed and all expenses incurred m connection with this Agmememrt. In the event the Legislature transfers the rights, duties and obligations of the Division to another governmental entity, pursuart to Section 20.06, Florida Statutes or otherwise, the rights, duties and obligations under this Agreememi shall be transferred to the succeeding goverrinnental agency as if it was the original party to this Agreement. 33. Required Procurement Procedures for Obtaining Goods and Services. The Grantee shall provide nwirnan open competition when procuring goods area services related to the Bart -assisted project in accordance with Section 287.057, Florida Statutes. a) Procu remert of Goods and Services Not Exceeding $35,000. The Grantee mist use the applicable procu reamer t rrrftd described below. 1. Purchases Up to $2,500: Procurementof goods and services where individual purchases do not exceed $2,500 do not require competition and may be conducted at the Grantee's discretion 2. Purchases or Contract Amounts Between $2,500 and $35,000: Goods and services costing between $2,500 and $35,000 require informal competition and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurenme t document. b Procurement of Goods and Services Exceeding $35,000. Goods and services over $35,000 may be b ether �� Y P�� Y Page: 7 State Aid to Libraries Caant Agreement (FormDUSrSA02) Chapter 1&2.011(2)(a), Florida Administrative Code, Effective wx= 137 Foetal Invitation to Bid, Request for Proposals or Invitation to Negotiate and may be procured by purchase order, acceptance of vendor proposals or other appropriate procurenen8 document. 34. Conflicts of Interest. The Grantee hereby certilies that it is cognizant ofthe probibition of conflicts ofinterest described in Sections 112.311 through 112.326, Florida Statutes and affams that it wM not enter into or maintain a business or other relationship with any employee ofthe Department of State that would violate those provisions. The Grantee firdw agrees to seek authorization from the General Counsel for the Department of State prior to entering into any business or other relationship with a Departmern of State Employee to avoid a potential violation ofthose statutes. 35. Bung of Successors. This Agreement shall bird the successors, assigns and legal representatives ofthe Grantee and of airy legal entity that succeeds to the obligations of the Division of library and InfDri ation Services. 36. Employment of Unauthorized Aliens. The employment ofunauthorized aliens by the Grantee is considered a violation of Section 274A (a) ofthe hmrigration and Nationality Act (8 USC 1324(a) (as ofApriI 2019)), incorporated by reference. Ifthe Grantee knowingly employs umauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. 37. Sevembih'ty. Ifany term or provision ofthe Agreement is found to be illegal and unenforceable, the remainder will remain in full force and eff xt, and such term or provision shall be deemed stricken 38. Americans with Disabilities Act. All programs and kxiRi ies related to this Agreement mist meet the standards of Sections 553.501- 553.513, Florida Statutes and the Americans with Disabilities Act of 1990 (ada,= (as ofJanuary 2020)), incorporated by reference). 39. Governing Law. This Agreement shall be construed, performed and enforced in an respects in accordance with the laws and riles of Florida. Venue or location for arty legal action arising under this Agreement will be in Leon County, Florida.. 40. Entire Agreement. The entire Agreement ofthe parties consists ofthe hollowing documents: a) This Agreennent b) Florida Single Audit Act Requirements (Attachment A) c) Fiscal Year 2024-25 State Aid to libraries Final Gnarnts (Attachment B) The Grantee hereby certifies that they have read this entire Agreement and wM comply vft aR of its requirements. Grantee: LM Cbair ofGoveming Body or CbiefFxecutive Officer Typed name and title Department of State Amy L. Johnson, Director Division of Library and Information Services Department of State, State of Florida Date Date Clerk or ChiefFinat c Officer Witness Date State Aid to Libraries Grant Agreement (Fonn DUSlSA02) Chapter 1&2.011(2)(a), Florida Administrative Code, Effective xxv. = Date 139 PaV:9 ATTACHMENT A FLORIDA SINGLE AUDIT ACT REQUIREMENTS 11 Y 1 1 I: ►� I ►Y The administration of resources awarded by the Department of State to the Grantee may be subject to audits and/or rmn ioring by the Department of State as described in this Addendum to the Grant Award Agreement. Monitoring In addition to reviews of audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and section 215.97, Florida Statutes (F. S.), as revised (see Audits bebw), mmntoring procedures may include, but not be limited to, on-site visits by Department of State A4 limited scope audits as defined by 2 CFR 2 §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 State. In the event the Depart merit of State deterirnues that a lunrted scope audit ofthe recipient is appropriate, the recipient agrees to comply with arty additional inslrections provided by the Department of State staff to the recipient regarding such audit. The recipient firther agrees to comply and cooperate with any inspections, reviews, investptions 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 bcal government or a nonprofit organisation as defined in 2 CFR §200.90, §200.64, and §200.70. 1. A recipient that expends $750,000 or more in federal awards in its fecal year must have a single or proganrspeci&c audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. Fxhibit 1 to this agreement lists the federal resources awarded tbrough the Department of State by this ageernent. In determining the federal awards expended in its fiscal year, the recipient sball consider all sources of federal awards, including federal resources received from the Departtment of State. The determination of amounts of federal awards expended sbou ld be in accordance with the guidelines established by 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General an accordance with the provisions of 2 CFR 200.514, wall meet the requirement of this Part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall RM the requ i emerts relative to auditee responnsnbM s as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $750,000 in federal awards in its fecal year is not required to bave an audit conducted in accordance with the provisions of 2 CFR 200, subpart F - Audit Regdrmen s. 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 ofthe audit must be paid from non-federal resources (ie., the cost of such an audit met be paid from recipient resources obtained from other than federal e>CRies). Part II: State Funded State Aid to libraries Giant Agreement (FormDUS/SA02) Chapter IB-1011(2xa), Florida Administrative Code, Effective 37mm x:10 140 This part is applicable if the recipient is a mnstate entity as defined by section 215.97(2) F.S. 1. In the event that the recipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such recipient (for fiscal years ending June 30, 2017 and therea er), the recipient mist 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 entries) and 10.650 (nonprofit and for-profit organvat ns), Rules ofthe Auditor General EXEIIBTI' 1 to this agreement indicates state financial assistance awarded through the Department of State by this agreement. In determining the state financial assistance expended in its fiscal year, the recipient sball consider all sources of state financial ass' stance, including state financial assistance received from the Department of State, other state agencies, and other n onstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for Ederal programmatchmg requirements. 2. For the audit requirements addressed in Part 11, paragraph 1, the recipient shall ensure that the audit complies with the requirar ents of Section 215.97(8), F. S. This includes submission of a financial reporting package as defined by Section 215.97(2) F.S., and Chapters 10.550 (local governmental entries) and 10.650 (nonprofit and far-profit organizations), Rules ofthe Auditor General 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30, 2017 and thereafter), an audit conducted in accordance with the provisions of Section 215.97, F. S., is not required. 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, F. S., the cost ofthe audit mist be paid fi�ornthe norstate entity's resources (ie., the cost of such an audit must be paid fromthe recipient's resources obtained from other than State entities). The Internet web addresses listed below will assist recipients in locating documents referenced in the text of this agreement and the interpretation of compliance issues. State ofFlorida Depantmerrt Financial Services (Chief roncial Officer) bttlnl/www.mv_floridacSo.cord State of Florida Legislature (Statutes, Legislation relating to the Florida. Single Audit Act) lrttn•J/www.leg,state,fi Part III: Report Submission 1. Copies of reporting packages fior audits conducted in accordance with 2 CFR 200, Subpart F - Audit Requirements, and required by PART I of this agreement shall be submitted, when required by 2 CFR 200.512, by or on behaffof the recipient directly to each ofthe following A. The Department of State via the DOS Grants Systemat bans///dosg ai ts.com B. The Federal Audit Clearinghouse (FAC) as provided in 2 CFR 200.6 and section 200.512 The FAC's website prides a data entry system and required fours for submitting the single audit reporting package. Updates to the location ofthe FAC and data entry system may be found at the OMB website. 2. Copies of financial reporting packages required by PART II of this agreement shall be submitted by or on bebalf of the recipient directly to each ofthe following B. The Auditor General's Office at the frxlbwing address: Auditor General Local Goverm emit Audits/342 Claude Pepper Building Room401 111 West Madison Street Tallahassee, Florida. 32399-1450 3. Arry reports, management letter, or other mbrtration required to be submitted to the Department of State pursuant to this agreement shall be submitted timely in accordance with 2 CFR 200.512, section 215.97 F.S. and Chapters 10.550 (local govermnental entities) and 10.650 (nonprofit and fpr -profit orations), Rules ofthe Auditor General, as applicable. 4. Recipients, when submitting financial reporting packages to the Deparincrit of State for audits done in accordance with 2 CFR 200, Subpart F - Audit Requirements or Chapters 10.550 (tical governmental entities) and 10.650 (nonprofit and fpr -profit organizations), Rules ofthe Auditor General, should indicate the date that the reportangpackage was delivered to the recipient in correspondence accompanying the reporting package. Part IV: Record Retention 1. The recipient shall retain sufficient records dermnsiratmg its compliance with the tems ofthe award(s) and this agement for a period of five years fromthe date the audit report is issued, and shall allow the Department of State, or its designee, the CFO, or Auditor General access to such records upon request The recipient shall ensure that audit working papers are made available to the Department of State, or its designee, the CFO, or Auditor General upon request fpr a period of at least three years from the date the audit report is issued, unless extended is writing by the Departmerit of State. State Aid to 1kraries (}ant Agreement (FOrmD11S/SA02) Chapter 1&2.011(2Xa), Florida Administrative Code, Effective x)r xm POW. 12 142 EXHIBIT - I FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Not applicable. COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: MATCHING RESOURCES FOR FEDERAL PROGRAMS: Not applicable. SUBJECT TO SECTION 215.97, FLORIDA STATUTES: Florida Department of State, State Aid to Libraries; CSFA Number. 45.030 Award Amount: See Attachment B. COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: The compliance requirements of this state project may be found in Part Four (State Project Compliance Requirements) of the State Projects Compliance Supplement located at httusJ/apps.fldfs.com/fsaa/. ATTACHMENT B Fiscal Year 2024-25 State Aid to Libraries Final Grants State Aid to Ibraries Grant Agreement (Form DUSJSA02) Chapter 1B-1011(2xa), Florida Adndnistrative Code, Effective mt-rowc Pag:14 144 Florida Administrative Code 1B-2.011 Mrary Grant Proms. (1) This rule provides procedures for library grant programs administered by the Division of Library and Infomstion Services (Division). Each programshallbe governed by guidelines which contain information on eligibility requirements, application review procedures, evaluation and funding criteria, grant administration procedures, if applicable, and application fours. All grant awards shall be subject to final approval by the Secretary of State. (2) Applicants for grants shall meet the eligibility and application requirements as set forth in the following guidelines for each grant program; (a) State Aid to Libraries Giant Guidelines, httpY/www.flmles.org/Gateway/reference.asp.9No=Ref-xwcK, effective rox-axxy, which contain guidelines and instructions; Certification of Credentials — Single Library Administrative Head (FonnDLIS/SA01), effective xx xxw, Giant Agreement (FormDLIS/SA02), effective xxxxw, Annual Statistical Report Form for Public libraries (FormDUS/SA03), httpJ/www.flrules.org/G ateway/reference.asp?No=Ref-macK, xx xxcq Certification of Hours, Free Library Service and Access to Materials (FormDLIS/SA04), httpJ/www.fniles.org/Gateway/reference.asp?No=Ref-mco; effective axe xxm (b) Public Library Construction Giants Guidelines, http://www.fhdes.org/Gateway/reference.asp?No=Ref-=w� effective axc x=; which contains guidelines and instructions; and Public Library Construction Grant Agreement (FormDIIS/PL.CDl), http://www.firules.org/Gateway/reference.asp?No=Ref-mocr, effective xx xxxx (c) Library Cooperative Giant Guidelines, http://www.finiles.org/Gateway/reference.asp?No--Ref-xwK effective ao xxK which contains guidelines and instructions; Annual Statistical Report Formfor Muhitype Library Cooperatives (FormDLIS/LCM1), effective xx xmK Grant Agreement (FormDLIS/LCOD2), http://www.fhuies.org/Gateway/reference.asp?No=Ref-x=D; effective xx xxvq and the Florida Library Information Network Manual http://www.Brules.org/Gateway/reference.asp?No=Ref-xwcK, effective xx xx)m (d) The Library Services and Technology Act Chant Guidelines, http•J/www.firules.org/Gateway/reference.asp?No=Ref-x=D; effective xx xxxx, which contains guidelines and instructions, Library Services and Technology Act Giant Agreement (FormDLIS/LSTA01) http://www.flmles.org/Gateway/reference.asp? No=Ref-mom, effective xx xxxrr MIS Certification (FormDIIS/LSTA02), httpJ/www.fhules.org/Gateway/rrference.asp?No=Ref-=ce effective xx xxxx, and Certification Regarding Trafficking in Persons (FormDIIS/ISTA03). (e) The Community libraries in Caring Program Application, httpV/www.&ules.org/Gateway/reference.asp?No=Ref-xmcK, effective 0410-12; which contains instructions and application (FormDLIS/CIXbl), effective 0410-12; Annual Report (Form DLIS/CLIC 02), effective 0410-12; and (cant Agreement (Form DLIS/CLICD3), http://www.flrules.orgfCateway/mference.asp?No=Ref-vDw; effective 0410-12. (3) Guidelines and fours in this rule are incorporated by reference and may be obtained fromthe Director of the Division, Florida Department of State, Division of library and Information Services, R.A. GrayBuildng, 500 South Bronough Street, Tallahassee, Florida 32399-0250. (4) The Division of Library and Information Services will waive the financial matching requirements on grants for Waal communities that have been designated in accordance with Sections 288.0656 and 288.06561, F.S. Eligible communities applying for Library Services and Technology Act grants and Library Construction grants mist request waiver of matching requirements at the time of grant application. Rulemaking Authority 257.14, 257.191, 257.192, 257.24, 257.41(2) FS. Law Implemented 257. 1Z 257.15, 257.16, 257.17, 257.171, 257.172, 257.18, 257.191, 257.192, 257.195, 257.21, 257.22, 257.23, 257.24, 257.25, 257.40, 257.41, 257.42 FS. HistoryNew 1-25-93, Amended 7-17-96,4-1-98, 2-14-99,44-00, 12-18-00, 11-20-01, 3-20-02,1-9-03,12- 28-03,11-16-04, 2-21-06, 2-21-07,1-24-08,4-1-10,4-21-10,4-10-12,12-25-13, 74-14,44-15, 7-12-16,7-&17,4-30-18,11-19-18, 7-1-19, 3-17-20, 2-27-22, 5-4-23, x x mL State Aid to Libraries Giant Agreement (ForrnDLIS/SA02) Chapter 1&2.011(2)(a), Florida Administrasive Code, Effective ax mm PW. 15 145 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARYAND INFORMATION SERVICES STATE AID TO LIBRARIES GRANT APPLICATION Certification of Hours, Free Library Service and Access to Materials The Indian River County , (Name of library gDvemmg may) governing body for the Indian River Cormtylbraly (Name of library) hereby certifies that the following statemeri s are tme for the time period October 1, 2022 through pure 30, 2025 • Provides free library service, mckxling bang materials available for circulation free of charge and providing reference and arformation services free of change. • Provides access to materials, information and services for all residents of the area served. • Has at least one library, branch library or member library open 40 horns or more each week (excluding holidays or emergencies; between Sunday through Saturday, on a schedule detennined by the library systeo. Signature Chair, Library Govemmg Body Name (Typed) 0 Certification ofHoius, Free Library Service and Access to Materials (FormDUS/SA04) Page 1 of 1 Chapter 1B -2.011(2)(a), Florida Admunistrative Code, Effective XX XXXX Page.1 146 Indian River County Library System Annual Plan of Service FY 2024/2025 The Annual Plan of Service outlines the Indian River County Library System's primary activities and initiatives for the upcoming fiscal year. The plan supports the goals, objectives, and action plan from the Library System's Long -Range Plan and is supported by the Library System's budget as described. The major emphasis during Fiscal Year 2024/25 (October 1, 2024 to September 30, 2025) will be: • Maintain quality library services to all county residents. • Maintain comprehensive collections, both print and digital. • Maintain public computers and internet access. • Maintain technology training programs for the public. • Maintain cultural, educational, informational, and recreational programming for all ages. • Maintain welcoming spaces for residents to meet, interact, read, and study. • Begin offering access to the Dolly Parton Imagination Library program with the aim to impact early childhood literacy rates in our community. • Provide adults with a valuable pathway to career advancement and postsecondary education through Career Online High School, helping to bridge educational gaps within the community. • Partner with the American Heart Association to provide access to blood pressure monitoring resources and high-quality educational materials for our patrons. • Expand our experience -based nontraditional borrowing program by adding additional passes for local attractions. • Maintain service to the South County area using a state-of-the-art Vending Library Located at the Intergenerational Center. • Continue Archive Center digitization projects to preserve local and Florida history. • Explore opportunities to increase outreach services within the community. This plan reflects our commitment to meeting the evolving needs of the Indian River County community and ensuring the Library System remains a vital resource for all. 147 yak INDIAN RIVER COUNTY, FLORIDA CONSENT DEPARTMENT OF EMERGENCY SERVICES MEMORANDUM TO: The Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services Ryan Lloyd, Deputy Director of Emergency Services FROM: Erin Reyes, Emergency Management Planner Department of Emergency Services DATE: November 7, 2024 SUBJECT: Approval of Contract for WebEOC Incident Management Software It is respectfully requested that the information contained herein be given formal consideration by the Board of County Commissioners at the next scheduled meeting. DESCRIPTION AND CONDITIONS: On April 21, 2015, the Board of County Commissioners authorized the acquisition of WebEOC Incident Management Software, which is a vital component of Indian River County's Emergency Management (IRC EM) operations. WebEOC is a web -based, user-friendly system for managing incidents and events inside the Emergency Operations Center (EOC) during activations. Additionally, it serves a broad range of daily operational functions, including compliance tracking and other administrative tasks. In past years, IRC EM has funded WebEOC. Now that WebEOC is utilized by the majority of Florida counties, it is available for use directly through a State of Florida contract at no cost to the individual county. Transitioning to this state contract will allow IRC EM to allocate Federal Emergency Management Performance Grant (EMPG) funding towards other capability improvement projects and provide premium features -products that are not accessible under the existing WebEOC Agreement. This change offers a significant opportunity for operational improvement. FUNDING: No county funding is required for this item. RECOMMENDATION: Staff recommends that the Board of County Commissioners authorize and sign the attached WebEOC Subscription Agreement for WebEOC incident management software. ATTACHMENTS: 1. Two (2) Original WebEOC Subscription Agreements 148 WebEOC Subscription Agreement (Hosted Implementation) This WebEOC Subscription Agreement (the "Agreement"), effective 4th day of December 2024 ("Effective Date"), is made by and between ESi Acquisition, Inc. ("ESP'), a Delaware corporation with its principal place of business located at 235 Peachtree Street NE, Suite 2300, Atlanta, Georgia 30303 and Indian River Emergency Management, Florida ("Client"), a State of Florida, county government agency having its principal place of business located at 4225 43re Ave., Vero Veach, Florida 32967. ESi and Client may individually be referred to as a "Party' herein, or the "Parties" collectively. Upon execution of this Agreement by both Parties, Client understands and acknowledges: (i) no new Software is being provided to Client pursuant to this Agreement as Client already received a subscription based access to the ESi WebEOCO Software identified on Exhibit A to this Agreement and this Agreement is for a Hosted to SaaS conversion of the Subscription to such WebEOC Software; and (ii) any previously executed agreements as they pertain to the Hoisted WebEOC Subscription (collectively referred to as the "Prior Agreement") by and between the Parties for the WebEOC Software Subscription and related services thereto shall be terminated and replaced by this Agreement in all effects; and (iii) this Agreement is part of the State of Florida, Division of Emergency Management Master Services Agreement (MSA), FL contract number D1595, effective July 1 2024. Any payment obligations set forth in such Prior Agreement shall remain due and payable and shall survive such termination. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows 1. Agreement. This is a Software -as -a -Service ("SaaS") based subscription agreement and not an agreement for sale. As of the Effective Date of this Agreement, this Agreement covers the WebEOC® Software Subscription and services (including Support Services) that Client purchases from ESi as a provider of Hosted/hosting services for the Software governed by this Agreement ("Services") pursuant to Exhibits, Orders and Quotes hereto that are executed and/or agreed upon by both parties and expressly references this Agreement. This Agreement and all applicable Exhibits, Orders and Quotes hereto for Services and any attachments hereto and thereto are the complete agreement regarding ESi's Services hereunder and replace any prior oral or written communications between Client and ESi relating to such transactions. Client agrees that purchases hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by ESi regarding future functionality or features. 2. Definitions. Unless otherwise specifically stated in this Agreement or in any Exhibit or Quote hereto, the capitalized terms used in this Agreement shall have the meanings set forth below: 2.1 "Administrator" means an employee, officer, director or consultant of Client to whom Client has provided a user account and certain rights to administer the Software on behalf of Client. 2.2 "Active User" means a User that has logged in to the Software at any time, for any period of time, within any given calendar month. 2.3 "Affiliate" means an entity that controls, is controlled by, or is under common control with a party hereto. 2.4 "Client Data" means data input by Client or its authorized Users into the Software. 2.5 "Confidential Information" means as set forth in Section 8 to this Agreement. 2.6 "Consulting Services" means all the professional services for installation or implementation of Hosted Services or Software, training services, or other non-recurring services as set forth on Exhibit E (as applicable) hereto; Consulting Services do not include Hosted Services or Support Services. 2.7 "Derivative Work(s)" means the work based on or derived from or modifications, enhancements or other functional extensions of the Software. 2.8 "Documentation" means the user manuals, requirements, specifications, training materials, and any other documents, materials, information or guidance, whether supplied as printed material or in electronic farm, provided by ESi in conjunction with the purchase, training, use, technical support or update of the Software and Services provided hereunder. 2.9 "Fee" means the amounts due and payable by Client to ESi for the Subscription and Services pursuant to this Agreement; the Fee may be set forth on Exhibit C, as amended from time to time, to this Agreement or Quotes or Orders. 2.10 "Hosted Services" means as set forth in Exhibit D to this Agreement. 2.11 "Hosted System" means as set forth in Exhibit D to this Agreement. 2.12 "Installation" of the Software shall be deemed to be complete on the sooner to occur of (i) the day that the Software: is available for production, (ii) the date of Client's first use of the Software in a live production environment, or (iii) 90 days following the date of Client's execution of this Agreement (or if for an amendment, Exhibit or Statement of Work adding Software, Modules, or Services under this Agreement, the Client's execution of such subsequent amendment, Exhibit or Statement of Work). 2.13 "Internal Business Purpose" means the primary business purpose of the Client as established by articles of incorporation, operating agreement, enabling statute, agency rule or regulation, or any other documentation that defines Client's primary business purpose; however, such Internal Business Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 1 of 20 149 Purposes will be construed as narrowly as legally allowed and any overly broad business purposes will require further refining and supplementation in this Agreement. 2.14 "Juvare Cloud" means as set forth in Exhibit D to this Agreement. 2.15 "Message Credit" means one SMS segment or one 1 -minute voice call. 2.16 "Module" means a proprietary set of status boards developed by ESi for use with selected WebEOC Software which are designed to address a common functional need. 2.17 "Party" means as defined in the preamble above. 2.18 "SMS Segment" Each time a SMS message is sent, it consists of "segments" depending on the number of characters used. Each segment is equal to 160 characters. 2.19 "Software means, individually and collectively, all of the software granted to Client from ESi via the Subscription as identified on Exhibit A hereto and Software Updates to such software. 2.20 "Software Support Plan" means the Support Services plan provided by ESi pursuant to Exhibit C and Quotes to this Agreement. 2.21 "Software Updates" means any technical correction, patch, bug fix, enhancement or other software release to the Software that is provided to Client pursuant to the Software Support Plan or the Software Subscription purchased by Client. 2.22 "Standard Business Hours" shall mean 9:00 a.m. through 6:00 p.m. U.S. Eastern Time, Monday through Friday, excluding holidays, and are subject to change by ESi. 2.23 "Sub -Administrator" shall mean as set forth in Section 6 of this Agreement. 2.24 "Subscription" means a SaaS based subscription for Client to use and access the proprietary Software, Software Updates, online and/or hard -copy documentation and user guides as set forth in Section 4 of this Agreement and for the Term set forth in Exhibit A. 2.25 "Support Services" means the technical support services provided by ESi pursuant to Section 11, Exhibit B and Exhibit C to this Agreement. May also be referred to as "Software Support Services." 2.26 "Term" means as set forth in Section 5 of this Agreement. 2.27 "Travel Expenses" means travel, living and out of pocket expenses (including travel agent service fees and applicable internal per diems) incurred by ESi in connection with the performance of Services hereunder, including, without limitation, charges and fees incurred by ESi resulting from the cancellation/rescheduling of scheduled air travel or similar services based on changes requested by Client to the applicable dates for performance of the relevant Services. 2.28 "User" means an authorized employee, contractor or affiliate of Client to whom Client has provided a user account for the Software; User includes Administrators and Sub -Administrators. 3. Ownership and Licensinq Authority. 3.1 Ownership of, and title to, the Software and Documentation shall be held by ESi and its licensor(s) and is protected by United States law and applicable international laws, treaties and conventions regarding intellectual property. ESi and its licensor(s) shall retain all rights, title and ownership not granted herein to all copies of the Software and Documentation provided as part of the Subscription under this Agreement. "WebEOC" is a registered trademark of ESi Acquisition, Inc., all rights reserved. 3.2 ESi is authorized to redistribute, license and/or provide subscriptions to any third -party software delivered with the Software and Documentation provided under this Agreement. The owner of such third - party software shall have the right to enforce this Agreement to the extent permitted by applicable law. 4. Subscription. ESi grants to Client, and Client accepts, subject to the following terms and conditions and payment of the applicable Fees, a limited non-exclusive, non -transferable, and non-sublicensable revocable term Subscription according to the terms stated herein, to use and access the Software and Documentation for the stated Term. Except as expressly authorized in this Agreement, Client shall not rent, lease, loan, sell, sublicense, distribute, transfer, copy, reproduce, display, modify, provide commercial hosting services, time share or dispose of the Software or Documentation or any part thereof, use the Software to provide any services to third parties or otherwise use the Software and Documentation to generate commercial revenue. 5. Term. The "Term" of this Agreement shall commence on the Effective Date (as defined on page 1) of this Agreement and shall continue through the sooner to occur of: (i) termination of this Agreement pursuant to the terms hereof, or (ii) expiration of the "Term" of the Subscription to the Software as set forth in Exhibit A (Exhibit A is herein incorporated and made part of this Agreement by this reference). 6. Permitted Uses. Client's, and its User's, access and use of the Software shall be limited and subject to the following terms and conditions: a. One (1) Instance of the Software on one (1) Machine. As used herein, "Machine" means a single laptop, personal computer or web server, or a combined web and database server or multiple load - balanced web servers, configured to point to a single database and database server that is used operationally or "in production" ("Instance"). Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 2 of 20 150 b. Client may use the Software and Documentation solely for Client's internal business purposes. c. Client also may make one (1) copy of the Software for back-up or archival purposes. d. Client also may use the Software to support "non -production" software development cycle activities if a non -production Subscription is purchased, as set forth in Exhibit A hereto. e. If Client requires or desires operational use of more than one Instance of the Software, an additional Subscription Fees shall be required. f. The Client's storage capacity is set to the maximum as set forth on Exhibit A hereto. ESi shall have the right to conduct regular audits of Client compliance with the storage capacity permitted under this Agreement. In the event Client's storage usage exceeds such capacity, Client will receive a warning notice (via email being sufficient) from ESi and Client shall promptly remove the excess data from the Hosted System (as defined on Exhibit D) causing the capacity excess or Client shall promptly purchase from ESi additional storage capacity in sufficient quantity at EST's then current rates for such additional storage; provided, however, if Client does not either remove such data or purchase the additional storage capacity within the time period specified in the warning notice (if no time period is specified in the notice, then thirty (30) calendar days shall apply), then ESi shall be entitled to delete the Client's Data within the Hosted System on a first in-first out approach, without any liability to ESi. g. The Subscription is on a named and Active User basis. Each Administrator, Sub-Administrator, and User shall have a unique user account. User accounts, usernames and passwords shall not be shared. There shall be no limitation on how many User accounts that Client may create; however, Client may only provide access to the number of Administrators, Sub-Administrators, and Active Users set forth in Exhibit A to this Agreement. Active User counts are based on the number of unique logins each calendar month. ESi shall have the right to conduct regular audits of Client compliance with the number of Active Users permitted under this Agreement. Client agrees to provide ESi with the information required, if any, for ESi to complete such audits. Such audits shall be conducted at ESi expense. Client shall not have the number of Active Users restricted during the term of Agreement; however, Client shall be in violation of Active User limits if the number of Active Users during any month covered by the audit is greater than the number of Active Users permitted in Exhibit A. Client shall be given reprieve or "forgiveness" for the first Active User limit violation in a contractual year period; however, all additional violations shall incur additional fees. Clients that incur the additional fees for Active User limit violations may elect to either (a) pay the difference in their current user level and the appropriate user level plus a 20% convenience fee for each month in which the Active User limit was exceeded; (b) immediately increase the Active User count to the appropriate level and pay the pro-rata difference between the subscriptions plus a 10% convenience fee within 30 days of the increase; or (c) immediately increase the Active User count to the appropriate level but pay the pro-rata difference between the subscriptions plus a 10% convenience fee, plus late fees as defined in Paragraph 16 upon subsequent renewal term. h. Administrators, Sub-Administrators, and Users shall have different rights to access the Software as follows: i. Administrators may access all features of the Software. Certain features of the Software may only be accessed by named users who are granted status as an Administrator ("Administration Tools"). Administration Tools include, without limitation, the following: creation and administration of user accounts; creation and subsequent editing of incidents; :software configuration; use of the WebEOC BoardBuilder tool; installation and administration of board sets, plug-ins, modules, interfaces and Software Updates; and access to the Software's Application Programming Interface. ii. "Sub-Administrator" is a subset of Administrator Users as set forth in this subsection (ii) and such Sub-Administrators are only active if set forth on Exhibit A to this Agreement and if Client has subscribed to the WebEOC Enterprise Software. Sub-Administrator rights also shall be available solely to support management of Sub-Organizations. Sub-Administrators may access the following Administration Tools: creation of user accounts; management of user accounts including definition of roles and permissions; and creation and subsequent editing of incidents. Maintenance of Sub-Administrator rights requires the purchase of an annual "Enterprise" Software Support Plan. If Client elects to discontinue the required Software Support Plan, access to Sub-Administrator features and any other benefits of Enterprise which ESi may elect to make available from time to time shall be discontinued. iii. Users may not be granted access to any Administration Tools, except that Administrators may grant designated Users rights to create or edit incidents and to add or edit maps in MapTacTM i. Except where otherwise provided in this Agreement, rights to access and use Administrative Tools are given exclusively to the Client and Client may not grant such rights to any third party. Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 3 of 20 151 j. Client may provide its consultant(s) or independent contractor(s) with access to the Software and Documentation, provided that such consultants or independent contractors are using the Software and Documentation exclusively for the benefit of the Client. Client shall be responsible for compliance by its consultants and independent contractors with the terms and conditions of this Agreement. k. If Client has subscribed to the WebEOC Enterprise Software or the WebEOC Professional Software, then Client may use the WebEOC BoardBuilder tool and, if subscribed to, the DesignStudio® solution, to copy, modify and create forms and templates ("Status Boards") and Client may distribute, in printed form or as electronic media, the Status Boards to Client's authorized users, provided that such Status Boards are used exclusively for the internal business purposes of Client. Status Boards shall be considered Derivative Work(s) of the Software and Client shall not sell, resell, license or otherwise transfer for value any Derivative Work(s) created using the WebEOC BoardBuilder tool or the DesignStudio® solution, and Client shall not distribute such Derivative Work(s) as part of any product or service for value to any third party. Any Derivative Work(s) prepared by Client shall remain subject to the terms of this Agreement and shall clearly display the following copyright notice to properly acknowledge the proprietary rights of ESi and its third -party licensors: "This work includes the intellectual property of ESi Acquisition, Inc. and its licensors and is provided under subscription/license. Copyright © 2002-2023, ESi Acquisition, Inc. and its licensors. All rights reserved." I. Client may, at its option and according to the terms of the ESi standard price list, obtain a Disaster Recovery Software Subscription to support replication of an active, source server to one or more redundant ("Target") servers which may be placed in use to support disaster recovery or fail -over activities.. A Disaster Recovery Software Subscription is required for each Target server. A Disaster Recovery Software Subscription may be used to operate an "in production" instance of the Software only when the source server is inactive or inoperable; only one Instance of the Software shall be active at any one time. Client is not required to obtain additional subscriptions for Software plug -ins, modules or interfaces installed on a redundant non -production Instance. m. Permitted uses of WebEOC Fusion Software vary from the terms set forth in subsection (a) through (1) of this: Section 6; in the event Client has purchased WebEOC Fusion Software, this subsection 6(m) shall apply: Client may install and place in production one (1) copy of WebEOC Fusion Software on one (1) source server and one (1) target server. Client may make one (1) copy of the WebEOC Fusion Software for back-up or archival purposes, or Client may install a second copy of the WebEOC Fusion Software on a second Machine if only one (1) copy of the WebEOC Fusion software is in use at any one time. There is no limit to the number of the Subscription Instances of WebEOC Fusion Software® (or number of WebEOC Fusion Software clients) which may be connected by a single instance of WebEOC Fusion Software, provided that (i) only the Client of the WebEOC Fusion Software has administrative privileges and administrative access to the WebEOC Fusion Software and (ii) the Client has paid to ESi all applicable connection fees. n. A high-speed Internet connection is required for proper transmission of the Client Data into the Hosting Services and Software. Client, at its sole cost and expense, is solely responsible for procuring and maintaining the network connections that connect the Client network to the Hosting Services and Software, including, but not limited to, "browser" software that supports protocols used by ESi, and to follow procedures for accessing services that support such protocols. ESi is not responsible for notifying Client and its Users of any upgrades, fixes, or enhancements to any such software or for any compromise of data, including Client Data, transmitted across computer networks or telecornmunications facilities (including but not limited to the Internet) which are not owned, operated, or controlled by ESi. ESi assumes no responsibility for the reliability or performance of any connections as described in this subsection. o. Client and its Users agree to not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share, or otherwise commercially exploit or make the Software and Hosting Services available to any third party, other than authorized Users in furtherance of Client's Internal Business Purposes as expressly permitted by this Agreement; (ii) use the Software and Hosting Services to process data on behalf of any third party other than Client; (iii) modify, adapt, or hack the Software and Hosting Services, or otherwise attempt to gain unauthorized access to the Software and Hosting Services or related systems or networks; (iv) falsely imply any sponsorship or association with ESi, (v) use the Software and Hosting Services in any unlawful manner, including but not limited to violation of any person's privacy rights; (vi) use the Software and Hosting Services to send unsolicited or unauthorized junk mail, spam, pyramid schemes, or other forms of duplicative or unsolicited messages;; (vii) use the Software and Hosting Services to store or transmit files, materials, data, text, audio, video, images, or other content that infringes on any person's intellectual property rights; (viii) use the Software and Hosting Services in any manner that interferes with or disrupts the integrity or performance of the Software and Hosting Services and its components; (ix) attempt to decipher, decompile, reverse engineer, or otherwise discover the source code of any software making up the Confidential and Proprietary Indian River. 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EUSA.draft 9-10-24 Page 4 of 20 152 Software and Hosting Services; (x) use the Software and Hosting Services to knowingly post, transmit, upload, link to, send, or store any content that is unlawful, racist, hateful, abusive, libelous, obscene, or discriminatory; (xi) use the Software and Hosting Services to store or transmit any "protected health information" as that term is defined in U.S. 45 C.F.R. 160.103 or "personal data" as that term is utilized in the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation); (xii) use the Software and Hosting Services to knowingly post transmit, upload, link to, send, or store any viruses, malware, trojan horses, time bombs, or any other similar harmful software; or (xiii) try to use, or use the Software and Hosting Services in violation of this Agreement. Communication Notifications. Client acknowledges that all content, data, text, messages and other material ("Content") contained in a voice, text, e-mail, Short Message Service ("SMS"), or other telephonic or electronic notification, including prerecorded and artificial voice and autodialed messages (collectively referred to hereinafter as "Communication Notification") sent by Client or its Users through the Services, Software, and Hosted Services are the sole responsibility of Client. Under no circumstances will ESi or any of its providers be responsible for any loss, damage, or liability arising out of the Content of any Communication Notification, including any mistakes contained in the Content or the use or transmission of the Content. Client acknowledges that all Content is the sole responsibility of Client. Client is solely responsible for the integrity and quality of the Content. Client agrees not to use the Services, Software, and Hosted Services to send any unsolicited Communication Notification ("consentless messages"), unless otherwise legally permitted. Client also certifies that it will not use rented or purchased lists, email append lists, "scraped" lists, or any other list that contains email addresses captured in any other method than opt - in. Client: will not send any Communication Notification unless (a) the recipient of the message is an employee of Client sending the message, (b) is using a device owned or paid for by Client sending the message, (c) using a personal device and the User has given Client permission to communicate with them via the device, (d) Client has obtained "opt -in" consent from the User or (e) Client is otherwise legally permitted to dispatch consentless messages. Client acknowledges that it is Client's responsibility to obtain prior consent from its Users or obtain other legal authority prior to sending any SMS or voice call. Client represents and warrants that it will send Communication Notifications in accordance with this Agreement; Client has determined that the phone numbers to be called exclude emergency numbers and other numbers that may not be called using an automated system under applicable law; Client agrees to comply with all international, including, but not limited to, the General Data Protection Regulation ("GDPR), U.S. federal, state and local laws, including but not limited to, the Fair Debt Collection Practices Act, Telephone Consumer Protection Act ("TCPA"), Controlling the Assault of Non -Solicited Pornography And Marketing Act ("CAN -SPAM"), Federal Trade Commission or any other international, U.S. federal or state regulatory authority. Client will not: (a) violate any regulation of the U.S. Securities and Exchange Commission or any stock exchange, infringe one another's rights in intellectual property, is invasive of another's right to privacy, or violate any privacy laws, privacy policies of Client or any other third parties or do anything that would justify a complaint to the Federal Communications Commission; (b) engage or facilitate any illegal, unethical, deceptive or misleading practices in connection with the use of the Services, Software, and Hosted Services, including, but not limited to, creating a false identity or forged email, phone or message header or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; (c) use the Services, Software, and Hosted Services in connection with any junk email, junk phone messages, spamming or any unsolicited messages (commercial or otherwise); (d) provide, or knowingly allow any third parties to provide, Content or other material to be transmitted in connection with or through the Services, Software, and Hosted Services which: is defamatory, libelous, obscene, pornographic or is harmful to minors; promotes violence, discrimination, or illegal activities; transmit any material that contains viruses, worms, cancelbots or any other harmful code or computer programs designed to disrupt the functionality of any computer software or hardware or telecommunications equipment; or (e) violate any law, statute, ordinance or regulation, (including without limitation the laws and regulations governing export control). Client is allowed to send SMS in text format only; no binary SMS messaging is allowed. Violations of any law or condition set forth herein may result in immediate suspension or cancellation of the Services in order to protect ESi' ability to deliver Services, Software, and Hosted Services. ESi may at its sole discretion determine whether a Communication Notification meets acceptable criteria and will be uploaded to the Software. Client hereby acknowledges that ESi merely provides Software for facilitating the sending of Client's Communication Notifications, and that Client shall have sole responsibility and liability for its messages and communications. Client also agrees to defend, indemnify and hold harmless ESi from and against any claims or damages which may result from the Client and its Authorized Users Use of the Services, Software, and Hosted Services, including, but Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 5 of 20 153 not limited to, claims, damages, or lawsuits threatened or filed by third parties as well as inquiries and investigations by local, state and federal regulators. ESi reserves the right to hold, suspend or terminate Client's account or access to the Services, Software, and Hosted Services for any alleged violation of this Section and/or any unusual or suspicious activity related to Client's account. If Communication Notifications are included in the Fees set forth on Exhibit C, such Fees are for Communication Notifications to U.S. based telephone numbers only; ESi will invoice Client, and Client shall pay such invoice, for any Communication Notifications sent to telephone numbers that are not U.S. based. Additionally, each subscription of WebEOC Alerts is allocated a defined number of Message Credits that can be used for SMS notifications and voice calls, to be noted on Exhibit A, Exhibit C, and/or other documentation contemporaneously with this Agreement. If Client exceeds the allotment of Message Credits without purchasing an additional Message Credit Bundle, an overage penalty will be charged at the rate of $0.06 per Message Credit used. Protection of Software. Client agrees to take all reasonable steps to protect the Software and Documentation from unauthorized copying or use. The Software source code represents and embodies trade secrets of ESi and/or its third -party licensors. The Software source code and embodied trade secrets are not licensed to the Client. Client agrees not to disassemble, decompile or otherwise reverse engineer the Software, use reflection or other mechanism to view, interpret, translate or try to understand the structure of the Software, or otherwise attempt to discover the source code and/or the trade secrets contained in the source code, and Client will not allow third parties to do so. Client may not, nor allow third parties to, modify or alter the Software in any way. Confidentiality. 8.1 Confidential Information Defined. During the Term of this Agreement and in connection with each party's performance of their respective duties and obligations hereunder and thereunder, each party will disclose to the other ("Discloser") and the other party shall receive ("Recipient") certain Confidential Information of the Discloser. The term "Confidential Information" shall mean any and all information that the Discloser discloses to the Recipient in connection with or related to this Agreement, whether disclosed verbally, electronically, visually, or in a written or other tangible or intangible form, including, but is not limited to, trade secrets, pricing information, terms of this Agreement, customers, customer lists, intellectual property, computer programs, software, documentation, formulas, data, inventions, techniques, financial, marketing or product development plans, personnel, audit results, designs, performance data, as to ESi, the ESi Technology and any other deliverables (including, without limitation, data, information, computer code and reports) provided in connection with the Software, and, as to Client, the Client Data, as well as any other information that the Discloser clearly communicates to the Recipient as confidential. The foregoing is subject to Section 119, Florida Statutes and the parties understand that some information may require disclosure under Florida Law. 8.2 Duties with Regard to Confidential Information. The Recipient agrees that it will only use the Discloser's Confidential Information in the performance of its obligations hereunder or as otherwise expressly provided in this Agreement, and that it will only disclose the Discloser's Confidential Information only to those of its directors, officers, employees, consultants, agents, independent contractors, and professional advisers who need to know such information and who are subject to written agreements with the Recipient sufficient to enable the Recipient to require such persons to comply with the Recipient's confidentiality obligations hereunder. The Recipient agrees that it will treat all of the Discloser's Confidential Information with the same degree of care (but: no less than reasonable care) as it accords its own confidential information. Notwithstanding the foregoing or ESi's obligations elsewhere in this Section, Client understands that ESi does not require any information for the performance of Services hereunder, and that ESi cannot guarantee the security of Client Information when added to the Juvare Exchange, stored on Client's applicable equipment and hardware or transmitted or accessible when using the internet or other services providers. ESi shall not be liable or responsible to Client or any other party for any losses, damages, claims, costs or other obligations arising out of or relating to any unauthorized access to, disclosure or use of information stored by Client on the System, including, without limitation, within the Juvare Exchange, or while such information is transmitted or accessible through the Software, the internet, or services providers. Additionally, ESi shall not be responsible for any breach of security or confidentiality caused by Client's failure to maintain the confidentiality and control of its user identification numbers or passwords related to its use of the Software provided hereunder. 8.3 Exclusions from Confidential Information. Confidential Information does not include information that (a) is or becomes generally available to the public other than as a result of an unauthorized disclosure by the Recipient or its personnel; (b) has been or is obtained by the Recipient from an independent source without accompanying obligations of confidentiality; (c) is independently developed by the Recipient without reliance in any way on the Discloser's Confidential Information; or (d) has been approved for unrestricted release by Confidential and Proprietary Indian River. ESi.EUSA.draft 9-10-24 Page 6 of 20 154 the Discloser in writing. Additionally, the Recipient may disclose the Discloser's Confidential Information where the Recipient is required by law to disclose information that is otherwise Confidential Information, provided (to the extent not prohibited by law) the Recipient has first notified the Discloser in writing as soon as is commercially reasonable of such requirement to disclose the Discloser's otherwise Confidential Information in order to permit the Discloser to seek confidential treatment of such information. With respect to any disclosure made pursuant to this Section, the Recipient (or any of its Representatives) agrees to furnish only that portion of the Confidential Information that it reasonably determines, in consultation with its counsel, is necessary under applicable law. Additionally, Client agrees to reimbursement ESi at its then current hourly rate for such services for the number of hours spent by ESi responding to legal requests for Client Information in ESi possession. 8.4 Protection of Confidential Information. Notwithstanding the "Dispute Resolution" Section of this Agreement, the Recipient acknowledges that the Discloser shall have the right to take all reasonable steps to protect the Discloser's confidential and proprietary interests, including, but not limited to, injunctive relief in a court of law or equity and any other remedies as may be available at law or in equity in the event the Recipient does not fulfill its obligations under this Section. 8.5 Survival of Confidentiality Obligations. Each parry's obligations of confidentiality pursuant to this Section for all Confidential Information disclosed between the parties during the term of this Agreement shall survive the expiration or termination of this Agreement as follows: (i) for Confidential Information consisting of trade secrets, for so long as such information remains a trade secret of the Discloser or for five (5) years following the expiration or termination of this Agreement, whichever is longer, (ii) for Confidential Information consisting of the Discloser's customer information or ESi's suppliers' information, indefinitely, and (iii) for all other Confidential Information, for five (5) years following the expiration or termination of this Agreement. 8.6 Termination of This Agreement. Upon termination of this Agreement or upon the Discloser's written request, the Recipient agrees to terminate all use of the Discloser's Confidential Information and to either return to the Discloser all copies of the Discloser's Confidential Information in its possession or under its control or to provide the Discloser with a written notice from one of the Recipient's authorized representatives certifying that all copies of the Discloser's Confidential Information in the Recipient's possession or control have been destroyed; provided, however, the Recipient may (at its option, but not its obligation) keep a copy of the Discloser's Confidential Information in its archives, and the provisions of this Section shall continue with respect to such Confidential Information. Notwithstanding the foregoing, in no event shall any Client Confidential Information, including, without limitation, the Client Data, that is entered into or shared in the Juvare Exchange be returned to Client or removed from the Juvare Exchange; Client understands and acknowledges that any Client Confidential Information, including, without limitation, the Client Data, entered into the Juvare Exchange is visible and viewable by other Juvare Exchange users and is not secure or held confidential. Proprietary Interests. The Software and Documentation, and all copies thereof, shall remain the exclusive property of ESi and/or its third -party licensors. All applicable rights to copyrights, trademarks, logos, patents and other intellectual property shall remain vested in ESi and/or its third -party licensors. Client shall not claim, register, alter or modify, any interest in such copyrights, trademarks, patents or other intellectual property, nor shall Client nor attempt to do any of the foregoing. Client shall not translate any of the ESi trademarks into any other language or alphabet. Notwithstanding the foregoing, Client shall always have title to data input and output arising out of the use of the Software, and any computer programs developed by or for Client using output of the Software as input to another source, and which do not include any logic and code of the Software, and such shall remain the exclusive property of the Client. Client acknowledges and agrees that ESi may seek equitable relief at any time to remedy a violation or threatened violation of the restrictions set forth herein regarding the use and protection of the Software and Documentation. 10. Copying of Documentation. Client may make as many copies of the Documentation as necessary for Client's internal purposes, provided the Client shall not modify or alter the content or appearance of the Documentation, modify or alter the appearance of any ESi trademark or logo in the Documentation, or eliminate any references to ESi, WebEOC or other ESi Software in the Documentation and provided that the Client shall reproduce and distribute the ESi copyright and notices page contained in the Documentation with all such copies and maintain the confidentiality of the copies and destroys or returns such copies in accordance with Section 8 (Confidentiality) above. 11. Support Services. During the Term of this Agreement and provided Client is not in violation of this Agreement (including, without limitation, paying for the Subscription Fees), ESi will provide Support Services (all as further defined in Exhibit B hereto; Exhibit B is herein incorporated and made part of this Agreement by this reference) for the Software during the Standard Business Hours consisting of the following: (i) ESi will use reasonable efforts to maintain the Software to comply with the applicable Documentation in all material respects, and (ii) if and when made generally available through Support Services to EST's other customers receiving Support Confidential and Proprietary Indian River. ESi. EUSA. draft 9-10-24 Page 7 of 20 155 Services, providing subsequent releases and versions of the Software for use consistent with ESI's then current policies. All Software Updates received by Client shall be subject to the terms of this Agreement. Support Services shall not include, and ESi shall not be responsible for, failures of the Software to perform consistent with the Documentation, specifications, requirements and other details set forth in Exhibit A or any subsequent amendments or quotes hereto in all material respects resulting from or caused by Client, Client's hardware and equipment, Client's connection to the Software, third party service providers, including, without limitation, communications services providers, or otherwise disclaimed elsewhere in this Agreement. 12. Hosted Services. During the Term of this Agreement and provided Client is not in violation of this Agreement, ESi will provide Hosted Services, as set forth in Exhibit D hereto, for the Software during the Standard Business Hours. Exhibit D is herein incorporated and made part of this Agreement by this reference. 13. Consulting Services. ESi will perform the Consulting Services set forth in any Exhibit or Statement of Work between the Parties in accordance with the terms within the applicable Exhibit and/or Statement of Work, for the Fees for such professional services as set forth in such Exhibit or Statement of Work. Each attachment for Consulting Services will include details that: (A) best utilizes the Consulting Services purchased and/or (B) identifies the date of achievement of mutually agreed to milestones tied to the deployment of the Subscription(s) and/or Service(s). 14. Warranty. 14.1 Warranty bV ESi. For new Software provided pursuant to the Subscription purchased by Client pursuant to this Agreement (for instance, merely adding additional Users to the Subscription for use with the Software would not be considered new Software), ESi warrants that, for a period of sixty (60) days from the Installation (the "Software Warranty Period"), the Software, when used in accordance with the applicable Documentation and this Agreement, will perform in compliance with the specifications for such Software as set forth in the Documentation in all material respects. In the event the Software fails to perform as warranted herein during such Software Warranty Period, and ESi receives written notice of such failure from Client following the first occurrence of such failure (and in all events prior to the expiration of the Software Warranty Period): a. ESi shall use all reasonable efforts to correct any reproducible error condition reported to ESi in such written notice during the Software Warranty Period as soon as reasonably possible (not to exceed 45 days) following receipt of such written notice; b. if ESi is unable to resolve such failure to comply with the warranty as provided above through either a correction or reasonable work around, Client may terminate the applicable order only (in its entirety) without penalty or liability for any amounts payable (other than charges and fees incurred prior to the effective date of such termination) on written notice to ESi that is received by ESi within 3 business days of the expiration of the 45 day "cure period" for any failure to comply with the warranty, and ESi shall, within thirty (30) days following the effective date such termination, refund to Client the pre- paid unused amounts paid by Client pursuant to the terminated order during the 60 day period prior to the effective date of such termination. Additionally, to the extent not already waived or expired as provided above, all rights of termination by Client pursuant to this Section shall expire to the extent ESi has not received a written notice of termination pursuant to this Section prior to the expiration of the Software Warranty Period; c. In the event of termination of an order as provided in this Section, Client shall not be obligated to pay any additional charges or fees payable pursuant to such terminated order for the period after the effective date of such termination; and d. The limited warranty provided hereunder (including ESi's obligations to restore Software and provide corrections and Client's rights of termination pursuant to this Section) shall not apply to Software to the extent it has been modified by other than ESi (or its contractors or agents), modified at Client's request, or not used in accordance with the requirements of this Agreement, the Documentation, specifications, and the Quotes or order forms. ESi does not warrant that the Software will operate uninterrupted or error free, that all errors can be corrected, or that it will satisfy Client's requirements. This Section sets forth Client's sole and exclusive remedy, and ESi's entire liability, for the failure of the Software to satisfy the warranty described in this Section. Any refunds pursuant to this Section shall be applied against any limitations of liability set forth in this Agreement. ESi shall have no obligations pursuant to this Section for claims under this Section for which Client does not provide ESi written notice prior to the expiration of the Software Warranty Period. In addition to the terms above, any termination of an initial Quote or Order pursuant to this Section shall also terminate this Agreement. Confidential and Proprietary Indian River. ESi. EUSA.draft 9.10-24 Page 8 of 20 156 14.2 Warrantv by Client. Client represents and warrants that (a) the performance of its obligations and use of the Software by Client and its Users, including, without limitation, any Administrators or Sub - Administrators, if any, will not violate any applicable laws or regulations, ESi's rules and regulations or cause a breach of any agreements with any third parties; (b) it will not interfere with ESi's systems or the use of any services or systems by other ESi's clients; (c) it will not provide or enter any Client Information or Client Data into the Software or Systems that may or does contain protected health information under Health Insurance Portability and Accountability Act of 1996 ("HIPAA"); (d) it will not provide or enter any Client Information or Client Data into the Software or Systems that may or does contain personal data as regulated by the General Data Protection Regulation 2016/679 (the "GDPR"); and (e) it will not send any notifications, be it SMS, email, text, pager alerts, phone calls, using the Software or Systems without obtaining the consent of any User or recipient as required by applicable laws, statutes, or regulations. In the event of any breach of any of the foregoing Client warranties, in addition to any other remedies available at law or in equity, ESi will have the right, in its sole reasonable discretion, to terminate or suspend immediately any related Software if deemed reasonably necessary by ESi to prevent any harm to ESi, its Clients and/or its business. ESi will provide to Client notice (email being sufficient) of such termination or suspension of the Software and, in ESi's sole discretion if an opportunity to cure the breach if practicable depending on the nature of the breach, ESi may provide the Client with an opportunity to cure such breach and if cured, in ESi's full satisfaction, ESi may restore the Software or access to the Software. 15. Disclaimers. 15.1 ESI DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FORA PARTICULAR PURPOSE, WITH RESPECT TO THE SOFTWARE AND/OR ACCOMPANYING DOCUMENTATION. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY ESI OR ANY OF ITS AGENTS, EMPLOYEES OR CONTRACTORS SHALL CREATE A WARRANTY, AND CLIENT IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION. ESI EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR FREE OF ERRORS. 15.2 THE SOFTWARE AND ANY SERVICES THERETO ARE NOT COMPLIANT WITH THE REQUIREMENTS OF THE HIPAA. 15.3 The Software is an information management application. The software is not fault-tolerant and is not designed, manufactured, or intended for use or resale in hazardous environments that require fail-safe performance such as in the operation of nuclear facilities, aircraft navigation or communications systems, air traffic control, emergency response, terrorism prevention or response, life support or weapons systems (collectively "High Risk Activities"), the failure of which could lead to death, personal injury, or severe physical or environmental damage. ESI EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES Client agrees to adhere to indemnification provisions contained in section 768.28, Florida Statutes. 16. Fees and Payment Terms. 16.1 Payment; Late Payment. All amounts are due and payable by Client to ESi as set forth in Exhibit C hereto (unless alternative payment terms are mutually agreed up on by the parties). Exhibit C is herein incorporated and made part of this Agreement by this reference. Any payments not received by ESi within forty-five (45) days after the date of the applicable invoice (or as otherwise due under the applicable Exhibit C or Quote) will be considered past due and, in accordance with section 215.422(1), Florida Statutes, Client will pay interest on any such amounts at the rate provided by section 215.422(3)(b). 16.2 Travel Expenses and Additional Charges. To the extent that the Software and services provided hereunder may require ESi to travel, Client shall pay Travel Expenses reasonably incurred by ESi in connection with such travel. ESi shall invoice Client for Travel Expenses on a monthly basis as incurred. Travel Expenses are in addition to any charges set forth in this Agreement or any Quote hereto. Other additional charges may be required should Client elect to: (a) use the Software on more than one (1) Instance; (b) increase the number of named users who may access the Software; (c) increase the number of non -production instances of the Software; (d) additional Software; (e) upon renewal; (f) increase storage capacity; or (g) as otherwise required by the Agreement. 16.3 Renewal Charges. At least sixty (60) days prior to the expiration of the Initial Period (as defined in Exhibit A) or a then current Renewal Period, ESi may notify Client of the current fees for Software and Support Services, and invoice Client for such fees for the Renewal Period so that such amount is due and payable prior to the commencement of such Renewal Period. ESi shall be entitled, in its sole discretion, to increase the fees for the Software and Support Services. 16.4 Suspension of the Software, Services and Support Services. Without limitation as to any other rights or remedies of ESi under this Agreement, ESi reserves the right to immediately suspend Client's access to Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 9 of 20 157 and use of the Software and the Services (including, without limitation Support Services), without notice to Client, if any charges or fees payable to ESi are past due and not paid within the time frame set forth in Section 16.1 or elsewhere in this Agreement or an Exhibit, Statement of Work or Quote hereto, as applicable. Client agrees that ESi shall have no liability to Client, and Client waives any claim or action against ESi in the event of suspension or termination of access to or use of the Software and the Services for Client's failure to timely pay charges. Client's payment obligations shall continue during any period of suspension pursuant to this Section. 16.5 Taxes. Client is exempt from State of Florida sales taxes pursuant to section 212.08(6)(a), Florida Statutes. Client will provide ESi with a valid exemption certificate. 17. Limitations of Liability. 17.1 CLIENT ENJOYS SOVEREIGN IMMUNITY AS A STATE ENTITY PURSUANT TO FLORIDA STATUTES. ANY WAIVER OF SOVEREIGN IMMUNITY IS LIMITED BY SECTION 768.28, FLORIDA STATUTES. 17.2NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANY EXHIBITS OR ATTACHMENTS HERETO AND TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ESI (INCLUDING ITS AFFILIATES) SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY EXHIBIT, QUOTES OR ORDERS HEREUNDER (HOWEVER ARISING, UNDER ANY THEORY INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, CONTRACT OR STRICT LIABILITY), INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR INTERRUPTED COMMUNICATIONS, LOST DATA, LOST REVENUE, LOST PROFITS, LOSS OF TECHNOLOGY, LOSS OF RIGHTS OR SOFTWARE OR SERVICES AND/OR DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF USE OF ANY INFORMATION OR DATA OR OF THE SOFTWARE OR SERVICES, EVEN IF ESI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY HEREIN. SUBJECT TO THE FOREGOING AND TO THE GREATEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FOR THIS AGREEMENT AND EACH QUOTE FOR SOFTWARE OR SERVICES HEREUNDER, IN NO CASE SHALL ESI'S (INCLUDING ITS AFFILIATES) MAXIMUM AGGREGATE LIABILITY DURING ANY TWELVE (12) MONTH PERIOD DURING THE TERM OF THIS AGREEMENT (THE FIRST OF WHICH SHALL COMMENCE ON THE EFFECTIVE DATE OF THIS AGREEMENT) UNDER ANY CIRCUMSTANCES EXCEED THE AMOUNTS ACTUALLY PAID TO ESI BY CLIENT PURSUANT TO THIS AGREEMENT DURING SUCH TWELVE (12) MONTH PERIOD (EXCLUDING TRAVEL EXPENSES). THE PARTIES UNDERSTAND AND AGREE THAT THE LIMITATION OF LIABILITY SET FORTH IN THIS AGREEMENT REPRESENTS A REASONABLE ALLOCATION OF RISKS, AND EACH PARTY EXPRESSLY CONSENTS TO SUCH ALLOCATION. ESI SHALL HAVE: NO LIABILITY OF ANY KIND IN THE EVENT CLIENT'S RECORDS OR OTHER DATA SUBMITTED FOR PROCESSING ARE LOST OR DAMAGED. 18. Termination. 18.1 Termination for Cause. This Agreement or any Exhibit or Quotes hereto may be terminated as follows: a. by ESi upon the breach by Client of any of its payment obligations under this Agreement or any Quote or Exhibit hereto, which breach has not been cured within five (5) days after Client has received written notice thereof, b. by one party upon the breach by the other party of any of such other party's material obligations under this Agreement or any Quote or Statement of Work hereto that has not been cured within thirty (30) days after the breaching party has received written notice thereof (provided, however, that there shall be no cure period in the event of a breach by Client of its obligations related to ESi's intellectual property), or c. by ESi if all or a substantial portion of the assets of Client are transferred to an assignee for the benefit of creditors or Client files or has filed against it a petition for liquidation under bankruptcy or similar laves and such proceeding is not dismissed within sixty (60) days. If the basis for termination for cause applies only to a specific Quote or Statement of Work, the non -breaching party may elect to terminate only the affected Quote and associated Statement of Work, in which case this Agreement and other Quotes will remain in full force and effect. A breach of the terms of this Agreement or a Quote by a User shall be deemed to be a breach of the terms of this Agreement by Client. Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 10 of 20 158 18.2 Effective Date of Termination for Cause. Termination for cause based upon 18.1(a) above shall be effective on the 6th day after Client received the original written notice of breach if cure is not made or if some interim arrangement has not been reached between the parties (and agreed in writing) during the five (5) day cure period. Termination for cause based upon 18.1(b) above shall be effective on the 31St day after the breaching party received the original written notice of breach if cure is not made or if some interim arrangement has not been reached between the parties (and agreed in writing) during the thirty (30) day cure period; provided, howevelr, if a breach under 18.1(b) is not subject to cure (e.g., disclosure of a party's Confidential Information), termination for cause is effective immediately upon the party providing written notice of termination to the: breaching party consistent with the notices provision of this Agreement. Termination for cause based upon 18.1(c) above shall be effective immediately after the assignment for benefit of creditors has been made or the filing of a petition for liquidation under bankruptcy or other insolvency laws and such have not been dismissed, dissolved or the petition lifted or stayed. 18.3 Termination for Lack of Appropriation of Funds. The Client's performance and obligation to pay under this Agreement is contingent upon a funding appropriation by the Legislature. In the event such appropriation is not made by the Legislature, Client shall be entitled to terminate this Agreement by providing ESi with written notice of such lack of appropriation of funding and Client's election to terminate this Agreement. There shall be no refund by ESi to Client in the event of the termination of this Agreement pursuant to this subsection 18.3. 18.4 Effects of Termination. Termination of this Agreement shall result in the termination of all outstanding Quotes, Statements of Work and Exhibits, and termination of all outstanding Quotes, Statements of Work and Exhibits shall result in the termination of this Agreement. Upon termination of this Agreement and/or any Quotes, Statements of Work and Exhibits for any reason, any amounts owed to ESi under this Agreement or any Quotes, Statements of Work and Exhibits, regardless of whether not yet due and payable, will be accelerated and deemed immediately due and payable (including, without limitation, the remaining balance of unpaid fees for professional services and Travel Expenses). All Subscriptions, including, without limitation, Services and all Software use and access, granted under this Agreement and all Quotes, Statements of Work and Exhibits hereto shall immediately terminate upon termination of this Agreement. All Subscriptions, including, without limitation, Services and all Software use and access, granted pursuant to an applicable Quotes, Statements of Work and Exhibits shall terminate upon the expiration or termination of the applicable Quotes, Statements of Work and Exhibits. Upon termination of this Agreement, ESi will immediately cease performing all Services and terminate Client's and its User access to the Software. ESi shall have no obligation for retaining or maintaining a copy of any such Client's Information or data from the Software following the date of expiration or termination of the Quotes, Statements of Work and Exhibits governing such information or (if sooner) the expiration or termination of this Agreement. ESi shall be entitled, without further liability, to destroy all such Client's Information or data from the Software following the date of expiration or termination of the Quotes, Statements of Work and Exhibits governing such information or (if sooner) the expiration or termination of this Agreement. Notwithstanding the foregoing, in no event shall any Client Confidential Information, including, without limitation, the Client Data, that is entered into or shared in the Juvare Exchange be returned to Client or removed from the Juvare Exchange; Client understands and acknowledges that any Client Confidential Information, including, without limitation, the Client Data, entered into the Juvare Exchange is visible and viewable by other Juvare Exchange users and is not secure or held confidential. If Client receives Hosted Services from ESi, the following termination provisions also apply upon termination of this Agreement for any reason: a. Client's access to the Hosted Services (including, without limitation, all access to the hosted environrrients and data) shall be suspended; b. Client shall immediately surrender to ESi any Internet protocol numbers, addresses or ESi-owned domain names assigned to Client in connection with the Hosted Services delivered hereunder; c. Unless other arrangements are requested by Client within five (5) days of the effective date of termination and provided Client has paid all outstanding amounts due to ESi under this Agreement, for the five (5) day period following the effective date of termination of this Agreement ESi shall provide Client with access to its data or information within the Hosted Services for Client to download the Client Data or information; and d. Any and all Client Data shall be overwritten, erased, encrypted or otherwise rendered unrecognizable upon the sooner to occur of (i) Client's confirmation that it has downloaded the Client Data or information, or (ii) expiration of the period of access as set forth in subsection (c) above, or (ii) thirty (30) days, from the effective date of termination of this Agreement. 18.5 Other Termination/Suspension of Services. In addition to all other remedies to which it may be entitled hereunder, ESi shall have the right, without notice to Client, to immediately suspend the provision of any and all Software and Services hereunder, including, without limitation, access to the Software and Support Services, in the event of (i) any breach or threatened breach of this Agreement or any Quotes, Statements of Work and Exhibits hereto by Client or its Users or contractors, (ii) any requirement or direction by any legal or regulatory body having jurisdiction over Client, ESi or its suppliers or third party service providers, or (iii) any Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 11 of 20 159 change in law that renders ESi provision of the Software unlawful or otherwise non-compliant with applicable law. Client's payment obligations shall continue during any period of suspension pursuant to this Section. Client agrees that ESi shall have no liability to Client, and Client waives any claim or action against ESi, in the event of termination of access to the Software as provided in this Agreement. ESi shall make reasonable efforts to restart such access upon Client's cure or correction of the event of default or breach unless it has already terminated this Agreement or any Quotes, Statements of Work and Exhibits as provided hereunder. Client shall reimburse and pay to ESi all charges, expenses and fees incurred by ESi or payable by ESi to third parties as a result of such suspension of Software or reconnection/restart of such access to such Software. 18.6 Reserved 18.7 Survival. The provisions of this Agreement that, by sense and context of the provision, are intended to survive performance by either or both parties shall also survive the completion, expiration, termination or cancellation of this Agreement. 18.8 The termination of this Agreement shall not relieve the Client of its obligation to pay any Charges and Fees incurred hereunder prior to the effective date of such termination or expiration or that result or arise from the termination of this Agreement (as provided in herein). 19. Indemnification. 19.1 By ESi. ESi shall, at ESi's sole cost and expense, defend Client against a third party claim that the Software provided hereunder by ESi infringes such third party's U.S. patent or copyright (or other jurisdiction as agreed to in writing by both parties), and ESi shall pay damages that a court finally awards to such third party to the extent based on such claims or is agreed to by ESi in settlement of such claims, provided that (i) Client provides ESi prompt written notice of such claims, (ii) ESi controls the defense and settlement of such claims, and (iii) Client, at ESi's expense, reasonably cooperates with ESi in the defense and settlement of such claims. ESi's obligation hereunder shall not extend to a claim to the extent such claim is based on any alleged infringement arising from any (a) infringement or contributory infringement to the extent caused in whole or in part by Client, its Users, agents, representatives, employees or by third parties under Client's direction or control; (b) additions, changes or modifications to the Software by or on behalf of Client except for any additions, changes or modifications made by ESi or its Suppliers on EST's behalf; (c) incorporation of the Software or any component thereof into any other product or process; or (d) use of the Software other than as permitted by this Agreement or the applicable Quote or Order. Should the Software become, or in ESi's opinion, be likely to become the subject of any such suit or action for infringement for which ESi is responsible under this Section, or if Client is enjoined from using the Software, ESi shall, at ESi's sole option and expense, (x) procure the right to continue providing the Software; (y) replace or modify such Software so that they become non -infringing and functionally equivalent; or (z) may terminate that portion of the allegedly infringing Software on written notice to Client. This Section states ESi's entire liability for infringement claims relating to the Services, Software, or Support Services. 19.2 By Clienl;. Client agrees to indemnify the EST's \ extent authorized by section 768.28, Florida Statutes. 20. Export Controls. Client acknowledges that the Software and Documentation are subject to United States export laws. Client shall not, nor shall Client authorize or permit its directors, employees, consultants, independent contractors or other persons, to export, re-export, disclose or otherwise provide the Software and/or Documentation to any country unless an appropriate license, exemption or authorization has been obtained from the U.S. Government. Client expressly agrees that Client shall not export, re-export, barter, or otherwise provide or disclose the Software and Documentation, in whole or in part, to: (a) any country covered by any United States trade embargo; (b) any person listed on the United States Department of Treasury's list of Specially Designated Nationals; (3) any person or entity listed on the United States Department of Commerce Denied Persons List; (4) any person or entity listed on the United States Department of Commerce Unverified or Entity Lists; (5) any person or entity listed on the United States Department of State Debarred List; or (6) any person or entity where such export, re-export, barter, disclosure or provision violates United State export control law or regulation. Client represents and warrants that neither it nor its directors, employees, consultants, nor any other persons or entities who may gain access to the Software and Documentation through the Client, are persons or entities subject to such U.S. export controls. Client agrees to indemnify EST's extent authorized by section 768.28, Florida Statutes. 21. U.S. Government Rights. a. If Client is an agency, department, or other entity of the United States Government ("Government"), or funded by the United States Government, Client's use, duplication, reproduction, release, modification, disclosure or transfer of the Software, Documentation, technical specifications, or any related materials of any kind, including technical data, is restricted in accordance with Federal Acquisition Regulation ("FAR") 12.212 for civilian agencies, Defense Federal Acquisition Regulation Supplement ("DFARS") 227.7202 for military agencies and the equivalent regulations for the Department of Energy. The use of Confidential and Proprietary Indian River.ESi.EUSA.draft 9-10-24 Page 12 of 20 160 the Software and Documentation is further restricted in accordance with the terms of this Agreement, or any modification thereto. The Software and Documentation are commercial computer software and commercial computer software documentation. Client shall ensure that each copy used or possessed by or for the Government is labeled with the following: "Manufacturer is ESi Acquisition, Inc., 235 Peachtree Street NE, Suite 2300, Atlanta, GA 30303. ALL RIGHTS RESERVED. PROPRIETARY PRODUCTS." For the purpose of any federal, state or local law, Client agrees that the Software and Documentation are trade secrets and proprietary commercial products of ESi and/or its third -party licensors and are not subject to disclosure. 22. General Terms and Conditions. a. Entire Agreement; Waiver, This Agreement (including any attachments and schedules) and Exhibits, Statements of Work or Quotes set forth the entire understanding and agreement of the parties and supersede any and all oral or written agreements or understandings between the parties, as to the subject matter of this Agreement or the applicable Exhibit, Statement of Work or Quote. Any provisions, terms or conditions on Client's purchase orders which are, in any way, inconsistent with or in addition to the terms and conditions of this Agreement shall not be binding upon ESi and shall have no applicability hereunder. The waiver of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. b. Governing L<aw. This Agreement shall be governed by, and interpreted in accordance with, the laws of the State of Florida (United States of America) regardless of application of choice of law rules or principles. This Agreement expressly excludes the United Nations Convention on Contracts for the International Sale of Goods. Unless otherwise elected by ESi at its option and in writing for a particular instance, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state or United States District Court having within its jurisdiction the location of Client's principal place of business. Both parties shall consent: to the jurisdiction of such courts and agree that process may be served in any manner allowed by the laws of the State of Florida or of the United States. If Client acquires the Subscription, or use or access of the Software, in a country other than the United States or its territories, local law and additional Fees to Client may apply. The original language of this Agreement is English. In case of any discrepancies or conflicts between the English text version of this Agreement and any translation, the English version shall prevail. c. Dispute Resolution. Subject to the "Confidentiality" Section of this Agreement, the parties agree to resolve all differences or disputes arising out of or relating to this Agreement shall be resolved and settled by final and binding arbitration administered by the Judicial, Arbitration, Mediation Services (J.A.M.S.) pursuant to J.A.M.S.' then -current arbitration rules; provided, however, that in the event that J.A.M.S. shall be unavailable for any reason, then the arbitration shall be filed with and administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. Any such arbitration shall be conducted before a single arbitrator in a proceeding held in the Indian River County Florida area. The arbitrator shall award to the prevailing party in such arbitration such party's attorneys' charges, arbitrator's charges, J.A.M.S.' charges (or, if applicable, AAA's charges) and other costs incurred by the prevailing party in such arbitration. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The language of the arbitration shall be English. The arbitrator shall apply the substantive law of Florida when resolving the differences before them and shall not resort to any conflict of law rule that would call for the application of the law of another jurisdiction. The arbitrator shall take into account principles of legal privileges, such as those involving the confidentiality of communications between a lawyer and a client. The arbitrator shall render any monetary award in U.S. dollars. Notwithstanding the foregoing, the parties reserve the right to seek injunctive relief in a court of competent jurisdiction to protect any intellectual property rights and to prevent the release of Confidential Information. d. Assignment. Client may not assign or otherwise transfer, in whole or in part, or in any other manner, any rights, obligations, or any interest in or under this Agreement without the prior written consent of ESi and any purported attempt to do so will be null and void. A merger or other acquisition by a third party will be treated as an assignment. ESi may at any time and without Client's consent assign all or a portion of its rights and duties under this Agreement to a company or companies wholly owning, owned by, or in common ownership with ESi. This Agreement shall be binding on each party's successors and permitted assigns. Additionally, ESi may delegate the performance of certain Services to its Affiliates and third -party providers, provided ESi remains responsible to Client for the delivery of such Services and the compliance of such Affiliates and third -party providers with this Agreement. e. Change in Subcontractors. ESi has the right to change, modify and otherwise convert services providers and subcontractors (including, without limitation, its affiliates) used to provide the Services and terms under which the Services are offered, provided that the basic functionality and quality of the Services will not be materially adversely affected. Confidential and Proprietary Indian River. ESi.EUSA.draft 9-10-24 Page 13 of 20 161 f. Interpretation. In the event of a conflict between this Agreement and the terms of any Exhibit, Statement of Work or Quote attached hereto, the terms of the Exhibit, Statement of Work or Quote shall prevail and control the interpretation of this Agreement. The Exhibits, Statement of Work or Quote, attachments, and schedules together with this Agreement shall be interpreted as a single document. g. Force Majeure. No breach of any obligation of ESi in this Agreement or an Exhibit, Statement of Work or Quote shall constitute an event of default or breach to the extent it arises out of a cause, existing or future, that is beyond the reasonable control of ESi, including without limitation, "acts of god" (such as earthquake, natural disaster, or flood), war, terrorists' acts, riot, theft, labor disputes, government regulations, curtailment of transportation, or a cause making ESi's performance impossible or commercially impracticable or the like. h. Limitations Period. Client agrees not to bring a legal action against ESi more than two years after the later of the date on which the cause of action accrues or the date on which the party discovered or with reasonable investigation should have discovered the cause of action. i. Prevailing P<Lq. The prevailing party in any arbitration, suit, or action brought by one party against the other party to enforce the terms of this Agreement, any Exhibits or Quotes or Statement of Works hereto or any rights or obligations hereunder, shall be entitled to receive its reasonable costs, expenses, and attorneys' charges of bringing such arbitration, suit, or action. j. Independent Contractors. The parties are independent contractors, and no agency, partnership, franchise, joint venture or employment relationship is intended or created by this Agreement. Neither party shall make any statement, representation, warranty or other commitment on behalf of the other party. k. No Licenses. There are no licenses to the Software, express or implied, granted or provided under this Agreement. Neither party shall exceed the scope of the Subscription granted hereunder. ESi reserves all rights not specifically granted to Client. I. Notice. All notices shall be in writing and sent by certified mail (return receipt requested), overnight courier, or delivered personally to the addresses indicated on the first page of this Agreement for the applicable intended recipient, or such other address as either party may indicate by at least ten (10) days prior written notice to the other party. All notices to ESi shall be directed to the attention of the President/CEO of ESi, with a copy of all such notices also sent to ESi to the attention of ESi's General Counsel at the same address as ESi. Notice will be effective on the date shown on the delivery receipt or, in the case of personal delivery, actual receipt. All notices required pursuant to this Agreement shall be provided in strict compliance with this Section. m. Severability. If any provision herein is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. n. No Third -Party Beneficiaries. ESi and Client agree that, except as otherwise expressly provided in this Agreement, there shall be no third -party beneficiaries to this Agreement. o. Headings. The headings used in this Agreement, Exhibits, Quotes and Statements of Work are solely for convenience and shall not be considered in its interpretation. p. Authorized Signer. Each party represents that the person signing this Agreement and any Exhibit, Statement of Work or Quotes hereto has been properly authorized and empowered to execute and deliver this Agreement and any Exhibit, Statement of Work or Quotes hereto on behalf of such party. This Agreement becomes null and void if the time between the earlier dated signature and the later dated signature exceeds sixty (60) days, unless waived by ESi. q. Incorporation by Reference. Any Attachments to this Agreement and any Exhibit, Statement of Work or Quote now existing and hereafter executed or issued that are made pursuant to this Agreement shall be deemed to be part of this Agreement and are incorporated into this Agreement by reference. r. Amendments. Except as otherwise provided herein or in an applicable Exhibit, Statement of Work or Quote, this Agreement and any Exhibit, Statement of Work or Quote may be changed or modified only in a written document signed by duly authorized representatives of both parties. s. CounterpartsiDuplicate Originals. This Agreement and any Exhibit, Statement of Work or Quote may be executed by the parties in one or more counterparts or duplicate originals, and each of which when so executed shall be an original, but all such counterparts shall constitute one and the same document. t. Publicity/Use of Trademarks. ESi and Client herein agree to permit the occasional use of each other's name and logo as well as reference to this Agreement and the Services in their respective promotional advertising, press releases and public relations efforts. All such use will be only in a manner that reflects positively upon the other party. ESi may, without obtaining Client's prior written consent, place Client's name on a list of EST's customers. u. Non -Solicitation. Client shall not, without ESi's prior written consent, directly or indirectly, solicit for employment or hire any Restricted Employee (as defined herein) while such person is employed by ESi and for the 12 -month period starting on the earlier of: (i) termination of such Restricted Employee's employment with ESi, or (ii) termination or expiration of this Agreement. "Restricted Employee" means Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 14 of 20 162 any former or current employee of ESi or its Affiliates that provided services on behalf of ESi hereunder or that Client. became aware of or came into contact with during ESi's performance of its obligations under this Agreement. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in duplicate originals by their duly authorized representatives as of the day and year set forth above. This Agreement becomes null and void if the time between the earlier dated signature and the later dated signature exceeds sixty (60) days, unless waived by ESi. ESi Acquisition, Inc. By: Name: Title: Date: /End of the Agreement; Exhibits follow Indian River County Emergency Management, FL ("Client") By: Name: Title: Date: Chairman Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 15 of 20 163 EXHIBIT A TO WEBEOC SUBSCRIPTION AGREEMENT 1. Term of Hosted Services Subscription The Subscription to the Hosted Services for the Software identified on this Exhibit A shall commence on the Effective Date, and continue thereafter for an initial period ending on June 30, 2025 (the "Initial Period"). This Agreement also includes optional twelve-month periods (the "Optional Period") subject to the State of Florida's desire to exercise the Optional Period. Thereafter, the Subscription to the Hosted Services for the Software shall automatically renew for successive additional 12-imonth periods (each a "Renewal Period"), provided that either party may non -renew the Subscription to the Hosted Services for the Software as of the end of the Initial Period or any subsequent Renewal Period, on not less than 60 days' prior written notice of non -renewal to other party. "Term" means the Initial Period and any Renewal Period of the Subscription to the Hosted Services for the Software as set forth herein. Any such non- renewal shall be effective as of the end of the Initial Period or subsequent Renewal Period, as applicable, following the expiration of such 60 -day notice period. 2. Subscription Software The Subscription includes the following Software: Number of Instance Software 1 ESi WebEOC® Pro Software Nexus (SaaS) - *Latest version at time of contract execution - - WebEOC® Subscription - Standard Board Set - Premium Board Subscription - User Importer - SSO for AD & SAML - Maps Add -On - Dashboard - Board Data Manager - Active Users - Unlimited Support 24/7 DesignStudio® Software Basic Bundle Juvare Exchange® The Subscription includes the following urchased "non -production" Instances for the identified purpose: Number of Instance Purpose 1 Development/testing of Software Updates prior to placing in production internal use only) - Trainin internal use only) - Disaster Recovery 3. Authorized Number of Users for WebEOC Client may provide access to the following number of Administrators, Sub -Administrators, and Active Users, all authorized on a named and active user basis; does not include DesignStudio® User counts. 4. User Type Qty of Users Administrators (Up to the Number of Authorized Active Users Active Users 75 inclusive of Administrators and Sub -Administrators *Additional Active Users 15 (*city accounts for resource requests) User Type Qty of Users Users 3 Client Storage Capacity: 100 GB 7. Emergency Response Program Emergency Response Program has been purchased for Term: [ ] Yes [X] No /End of Exhibit A Confidential and Proprietary Indian River.ESi.EUSA.draft 9-10-24 Page 16 of 20 164 EXHIBIT B TO WEBEOC SUBSCRIPTION AGREEMENT DESCRIPTION OF SUPPORT SERVICES FOR THE SOFTWARE Support Services for the Software shall include the following (in addition to what is stated in the Agreement): 1) Telephone Assistance: Client's "Support Contact" (as defined below) may contact the ESi's Support Center for telephone assistance to seek advice relating to the use of Hosted Services and/or to identify and work to provide a "workaround" for Software problems, if available. Telephone assistance for non -Emergency Support Services shall be available during Standard Business Hours. 2) Problem Assistance: Client may submit problem assistance requests for Software assistance via the published EST's support escalation procedures. ESi will notify Client if any request is beyond the scope of this Agreement and is, therefore, subject to additional charges. Requests for problem assistance for non -Emergency Support Services shall be available during Standard Business Hours. 3) Software Updates: ESi will update the Software as such updates and future versions of the applicable Software are made generally available to other ESi clients receiving Support Services at no additional charge. Any training required by Client related to such Software Updates and subsequent versions of the Software are provided for an additional charge. ESi shall provide Client with Software Updates to the Software, except for modules, as such Software Updates become available. Software Updates may include correction releases (i.e. patches provided to correct software anomalies), point releases (i.e. modifications to current generation of software including enhancement and improvements), and level releases (i.e. new releases or new generation of software), but shall not include new products, modules or plug -ins released commercially by ESi as independently priced items. For Modules, ESi shall provide Client any Software Updates released by ESi to correct errors affecting the operation of the Module, whether such error is caused by the Module itself or by an error in the Software, and any Software Updates required to maintain compatibility with the Software. ESi shall not provide for any enhancements to the Module. Process to Obtain Support Services. To obtain Support Services or telephone or problem assistance, Client's designated Support Contact (an assigned Administrator that has completed the Administrator training and is listed as the Support Contact for Client) may contact ESi's Support Center as pursuant to EST's published support procedures. Such support procedures include contacting ESi's Support Center via telephone, email and, when required, remote session support during Standard Business Hours and during Non -Standard Business Hours. "Routine" Support Services includes assistance with the use and configuration of the software; assistance with identification and resolution of errors or defects assistance with application and use of new releases; general support for Board Builder and boards built by ESi or an ESi-certified technician; and access to WebEOC best practices, community -use status boards, "help" resources and other content made available through htti)s://www.iuvare.com/customers/technical-support, a "client only" web forum. Support Services may be accessed by Client by calling the Support Center via (877) 771-0911 or by electronic mail at support(djuvare.com (subject to updates and changes by ESi). "Emergency" Support Services shall be available 24 hours per day, 365 days per year. Emergency telephone support includes any assistance needed by Client while Software is in use operationally, whether for actual incidents or exercises excluding assistance with GIS interfaces, mapping or products, which is licensed by a third -party vendor is available only during Standard Business Hours. Emergency Support Services may be accessed by calling the Support Center via (877) 771-0911 (subject to updates and changes by ESi). Client may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at ESi's then current rate for such services and Travel Expenses, if applicable. Limitations on Support Services. ESi will provide Support Services for only the current version of any Software. Client is obligated to promptly implement all Software Updates, work arounds and error corrections provided by ESi. Problems or Issues Not Covered by Support Services. The following issues/problems, and all issues or problems caused by the following, are not covered by Support Services: 1. Alterations to the Software not authorized by ESi; 2. Unless otherwise agreed in an Exhibit or Statement of Work hereto, customizations to the Software from consulting or professional services provided by ESi, including applications design or recommendations by Client; 3. Software problems created by Client negligence or fault or failure to comply with any specifications, policies, procedures or requirements for use of the Software, including, without limitation, those set forth in ESi's Terms & Conditions; 4. Software problems caused by or related to a change in Client's service provider or internet access provider. Without limiting the generality of the foregoing, no reconfiguration of the Software due to a change in a service provider is covered under Support Services. Client should notify ESi prior to changing its service provider to enable ESi to provide configuration specifications to the new service provider. Any programming and configuration changes will be charged to Client at the then -current ESi's daily/hourly rates for such reconfiguration services; 5. Software problems that do not significantly impair or affect the operation of the Software; 6. Assistance with third party products; Training; Installation of plug -ins, boards or modules; API support; Board building; and 7. Client's failure to allow for the prompt implementation of Error corrections, Software updates, or any work -around provided or made available by ESi (including, without limitation and applicable at all times, implementation of more recently released, generally available versions or releases of the Software made available through Support Services that contain corrections to the relevant Error or where such Error does not occur when using such more recently released version or release of the Software). Client Responsibilities. Client agrees to limit its requests for Support Services after Standard Business Hours to occasions when the problem related to the Software is critical to Client's operation and cannot wait to be addressed until Standard Business Hours on the next succeeding Contractor business day. /End of Exhibit B Confidential and Proprietary Indian River. ESL EUSA.draft 9-10-24 Page 17 of 20 165 EXHIBIT C TO WEBEOC SUBSCRIPTION AGREEMENT FEES AND PAYMENT SCHEDULE Fees (further to Quote No. Q-16638): The State of Florida, Division of Emergency Management's MSA identifies Specific Appropriation 2697 as nonrecurring funds from the General Revenue Fund that is provided to the Division of Emergency Management to provide baseline capabilities allowing local governments' access to WebEOC through the state hosted web application. As such: i. Any payment amounts for the Client's Initial Period and the Optional Years as listed in Exhibit A are due and payable by the State of Florida, Division of Emergency Management, to ESi as specified in the governing MSA; and ii. Any Add -On services and/or subscriptions not included in the MSA shall be at the sole expense of the Client and invoiced by ESi directly to the Client; and iii. Subsequent annual charges for the Renewal Period shall be invoiced by ESi to State of Florida, Division of Emergency Management so that such amounts are due and payable prior to the commencement of each applicable year; and iv. No travel is expected to be performed by ESi pursuant to this Exhibit C. /End of Exhibit C Confidential and Proprietary Indian River. ESi. EUSA.draft 9-10-24 Page 18 of 20 166 EXHIBIT D TO WEBEOC SUBSCRIPTION AGREEMENT HOSTED SERVICES Definitions. For the purposes of this Exhibit, the following words have the meaning set forth below: a. "Hosted Services" means the installation and management of specified software applications in the Juvare Cloud shared environment on behalf of a ESi customer and exclusively for the benefit of permitted users of the Software. b. "Hosted System" means the combination of hardware, software and networking components used by the application service provider to deliver the Hosted Services. c. "Juvare Cloud" means the shared hardware environment for the purpose of hosting and maintaining software and data on behalf of ESi's customers; may also be referred to as the application service provider or the "ASP." All other capitalized terms in this Exhibit D shall have the same meaning set forth in the Agreement, except where otherwise stated in this Exhibit. Scope of Services. ESi shall provide the following services to address the Software hosting needs: a. ESi shall provide Hosted Services to Client according to the provisions set forth in the Agreement and this Exhibit. ESi shall notify Client promptly upon creation of Hosted Services account and provide Client with all information required to access such account. ESi, at its sole discretion, may provide and maintain such Hosted System and/or deliver such Hosted Services internally or through a qualified subcontractor. b. ESi shall provide and maintain the facilities, hardware, and networking components as it sees fit to provide access to the Juvare Cloud for the benefit of Client. c. ESi shall perform, at its convenience and after notice to Client, scheduled updates of the Juvare Cloud as ESi or its hosting subcontractor sees fit. Such updates shall be scheduled to enable the simultaneous update to all of ESi-hosted customers. d. ESi or its hosting subcontractors shall be entitled to perform, as needed, emergency security updates to the Hosted System to protect the Juvare Cloud or the subcontractor's hosted environment from newly identified and widespread threats to the internet or internet-based services posed by worms, viruses and Trojans, or to address other vulnerabilities, with little or no notice to Client. e. ESi shall provide and maintain a redundant shared environment of the Juvare Cloud at a location that is geographically separated from its primary ASP Environment to ensure continuity of Software access and operation in the event of any unforeseen outage, disaster or other event that may interrupt service at the primary location of the Juvare Cloud. Failover to the redundant shared environment of the Juvare Cloud is a manual process and service will be activated by ESi immediately upon notification of malfunction, unavailability or failure of primary shared environment of the Juvare Cloud. f. ESi will notify (via EST's Support Center) the Client of any planned service outages, i.e., for the purpose of performing Software updates or testing, or other inability to perform the services outlined in this Agreement. g. ESi shall schedule, perform and maintain a duplicate ("backup") record of Client's data within the Juvare Cloud. h. In addition to the Support Services pursuant to the Agreement and Exhibit B, ESi shall provide Client with Support Services for the Hosted Services which include assistance with problems related to the Juvare Cloud, data access, Hosted System access, or similar problems. Such Support Services for the Hosted Services may be accessible to Client via the same contact information provided to Client for Support Services; provided however, services to be provided by ESi under this Exhibit and the Agreement do not include assistance with third party products; training; installation of plug -ins, boards or modules; API support; or board building; or repair or correction of errors, defects or other operational or performance defects caused by Software configuration, modification, enhancement or programming provided by any party other than ESi or an ESi-certified technician. Any professional services described in this Section 2(h), or services required to repair or correct the errors and defects described in this Section 2(h), shall be provided on a fee -for -services basis at rates consistent with the ESi published price list in effect at the time services are rendered. i. Client may request performance of additional services by ESi. Such services shall be invoiced separately by ESi at the current published rate for labor and actual costs for materials and travel, if applicable. 3. Client Obligations a. The Client shall maintain, at Client's expense, a secure high-speed internet connection through which to access its hosted Software. b. The Client shall appoint a designated point of contact and two alternate points of contact for its interactions with ESi. Client shall provide ESi with the name, job title, physical address, telephone number, facsimile number and electronic mail address for each of the contact persons. Client shall keep such contact information up-to-date and promptly notify ESi, in writing via electronic mail, of any changes. Confidential and Proprietary Indian River.ESi.EUSA.draft 9-10-24 Page 19 of 20 167 c. The Client shall use reasonable security precautions in connection with the use of Services provided under this Agreement. d. The Client is responsible for any and all use and access to the Hosted System and Hosted Services by its employees, agents, contractors and permitted users of the Software and Hosted Services. e. The Client shall make best efforts to notify ESi in writing, via electronic mail or facsimile, of any planned non -emergency use of its Software, such as the occurrence of training sessions, drills and exercises, to aid ESi with the planning of any scheduled outages. f. The Client shall promptly notify ESi Support Center of any identified Hosted Services outage that impairs Client's access to the Software so that ESi may manually activate the redundant shared environment of the Juvare Cloud and immediately commence work to restore service to the primary shared environment of the Juvare Cloud. b. The Client shall not conduct any load testing, performance testing or any other test of the Hosted System which may degrade performance or limit or adversely impact availability of the Juvare Cloud for other customers. 4. Limitations on Use of Hosted Services. a. Client's usage of the Hosted Services in the Juvare Cloud is subject to capacity and performance constraints. Monthly active users do not equal maximum concurrent users. Concurrent user capacity will be variable based on Juvare Cloud load. b. Access to the Hosted System may not be rented, leased, sold, sub -leased, assigned or otherwise transferred for value or for no value by Client to any third party. c. Hosted System and Hosted Services are provided to support the Software which is an information management tool. Hosted Services are not guaranteed to be fault-tolerant or to provide fail-safe performance. Hosted Services are not appropriate for use in ultra -hazardous environments where failure of the Hosted System or the Juvare Cloud may lead to bodily injury, death or destruction of property. d. Installation of Software applications in the Juvare Cloud is limited to the Software included in the Subscription to Client by ESi and Software supplied by ESi either as a component of the Hosted System or to support delivery of Hosted Services. e. ESi shall only, be responsible for performance of components of the Hosted System and Services under its control. ESi shall not be responsible for performance deficiencies caused by processes, hardware and software beyond its control including, but not limited to, information transmission delays due to excessive internet traffic, internet outages, or failure of Client to perform its obligations under this Agreement. f. The warranties set forth in the Agreement shall be void if any breach of this warranty or failure of the hosting environment or Software is caused by unauthorized use, improper use or modification to Software made by Client or its authorized users. /End of Exhibit D Confidential and Proprietary Indian River. ESL E USA.draft 9-10-24 Page 20 of 20 168 �L INDIAN RIVER COUNTY, FLORIDA CONSENT MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Rachel Ivey, Emergency Management Planner II Department of Emergency Services DATE: November 26, 2024 SUBJECT: Approval of Resolution Adopting the 2024 Indian River County Comprehensive Emergency Management Plan (CEMP) It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners (the "Board") at the next scheduled meeting. BACKGROUND: On October 06, 2020, the Board of County Commissioners last approved the updated Indian River County Comprehensive Emergency Management Plan (CEMP) which provides policies and procedures for disaster events. Per Rule 27P-6.006 of the Florida Administrative Code, county CEMPs are required to be updated and reviewed by the Florida Division of Emergency Management at a minimum of every four years. The Emergency Management Division has completed the required 2024 updates for the CEMP; and, in a letter dated November 13, 2024, was notified by the Florida Division of Emergency Management that their review team has determined that Indian River County's plan meets the CEMP compliance criteria. The modifications to the CEMP provide the best response and recovery to Indian River County residents and streamline efforts to obtain Presidential Disaster Declarations for financial aid after disasters. The 2024 Comprehensive Emergency Management Plan will supersede all previously distributed versions of this plan. FUNDING: There is no funding required for this item. RECOMMENDATION: Staff recommends approval and adoption of the updated 2024 Comprehensive Emergency Management Plan by resolution and the appointment of David Johnson as the Plan Manager for Indian River County. ATTACHMENTS: 1. Resolution approving the 2020 Indian River County Comprehensive Emergency Management. 2. Approval letter from the Florida Division of Emergency Management dated November 13, 2024. * *Due to the size of the plan, the 2024 Plan is on file at the Department of Emergency Services and the Board of County Commission Office. ** 169 RESOLUTION 2024 - RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, FOR ADOPTION OF THIS COMPREHENSIVE EMERGENCY MANAGEMENT PLAN FOR INDIAN RIVER COUNTY WHEREAS, Chapter 252, Florida Statutes, Disaster Preparedness Act, establishes a Division of Emergency Management (DIVISION) and prescribes the powers and responsibilities thereof; and WHEREAS, Chapter 252, F.S., assigns to the Board of County Commissioners responsibility for disaster mitigation, preparedness, response, and recovery; and WHEREAS, Chapter 252, F.S., requires each county to develop a county emergency management plan and program that is coordinated and consistent with the state comprehensive emergency management plan and program; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: The 2024 INDIAN RIVER COUNTY COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (CEMP) is hereby approved. The foregoing Resolution was offered by Commissioner moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Chairman Vice Chairman Commissioner Commissioner Commissioner Susan Adams Joseph E. Flescher Joe Earman Deryl Loar Laura Moss The Chairman thereupon declared the Resolution duly passed and adopted this day of 2024. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christopher A. Hicks Assistant County Attorney Attest: who BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA G -w Ryan L. ButlerClerk of Court and Comptroller Susan Adams, Chairman 170 STATE OF FLORIDA DIVISION OF EMERGENCY MANAGEMENT Ron DeSantis Governor Dave Johnson, Director Indian River County Emergency Management 4225 43rd Ave, Vero Beach, FL 32967 Dear Director Johnson: Kevin Guthrie Director November 13, 2024 In accordance with the provisions of Rule Chapter 27P-6 Florida Administrative Code (FAC), the Florida Division of Emergency Management (FDEM) has completed its review of the Indian River County Comprehensive Emergency Management Plan (CEMP). The review team has determined that your plan meets the CEMP compliance criteria. We hope that the comments and discussions the review team had with you and your staff during the review will assist you in future planning efforts and enhance the update of your CEMP. The approved plan must now be adopted by resolution by the governing body of the jurisdiction within 90 days in accordance with Rule 27P-6.006(11) FAC. You must forward a copy of the adoption resolution and an electronic copy of the adopted plan to FDEM to complete compliance. Failure to adopt the plan by resolution within 90 days will result in a letter of non-compliance unless an adoption extension is requested in accordance with Rule 27P-6.006(11) FAC. D I V I S I O N H E A D Q U A R T E R S Tel: 850-413-9969 - Fax: 850-488-1016 STATE LOGISTICS RESPONSE CENTER 2555 Shumard Oak Boulevard www.FloridaDisaster.ore 2702 Directors Row Tallahassee, FL 32399-2100 Orlando, FL 32809-5631 171 Dir. Johnson November 13, 2024 Page Two If you have any questions or need additional information regarding the plan's approval, please contact your review team leader, Austin Delgado, at (850) 524-8189 or by email: Local.CEMP@em.myflorida.com. Sincerely, Andrew Sussman, All -Hazards Unit Manager LM/AS/ad RELEVANT STAKEHOLDERS: Susan Adams, Chair, Indian River County BOCC Mason Kozac, DEM Regional Coordinator Thomas Lanahan, RPC Representative Melissa Shirah, DEM - Recovery Laura Dhuwe, DEM - Mitigation Austin Delgado, DEM — CEMP Planner 172 qM INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Honorable Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator David Johnson, Director of Emergency Services FROM: Stephen R. Greer, Assistant Fire Chief of EMS Department of Emergency Services DATE: November 13, 2024 SUBJECT: Request from East Coast Ambulance, LLC. for a renewal of their Class `B" Certificate of Public Convenience and Necessity to Provide Non -Emergency Ambulance Inter -Facility Transports Originating from Indian River County and Class "C" Non - Emergency Inter -Facility Transports Requiring a Physician's Order - Administrative It is respectfully requested that the information contained herein be given formal consideration by the Indian River County Board of County Commissioners (the "Board") at the next scheduled meeting. DESCRIPTION: On December 13, 2022, East Coast Ambulance was granted a Class `B" Certificate of Public Convenience and Necessity to provide non -emergency ambulance inter -facility transports originating within Indian River County and a Class "C" non -emergency inter -facility transports which require special clinical capabilities and require a physician's order. This certificate was necessary to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for a period of two (2) years and will expire December 13, 2024, and the renewal process should be accomplished prior to that date. The Indian River County Code provides for routine renewal of the Certificate of Public Convenience and Necessity on an application by the certificate holder. This can be accomplished without a public hearing if the Board has no reason to believe that the public health, safety, and welfare require it. Staff submits that there is no reason to hold a public hearing and absent that requirement, the Board is requested to renew the certificate. An application for the renewal of the Class `B" and Class "C" certificate(s) has been submitted by East Coast Ambulance. Staff has reviewed the application, and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. 173 FUNDING: There are no funding requirements for this item. RECOMMENDATION: Staff recommends that the Board approve and grant a renewal of a Class `B" & Class "C" COPCN to East Coast Ambulance, LLC for a period of two (2) years. ATTACHMENTS: 1. Application for Certificate of Public Convenience and Necessity for East Coast Ambulance, LLC *Due to the size of the entire application, it is available for review during regular business hours (8:30am to 5:00pm, Monday through Friday) at the Offices of Emergency Services.* 174 mosposswEAST COAST AMBULANCE, iiw 24 APPL.ICAMCO FEE: $100.00 APPLIES TO INrrML. APPLMTWM CWY;,.. If payment applicable, make check payable to INDIAN RIMER C0LM"ir F es. ❑ This is a new application; fee is attached. 8 This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN WO ownership or dassr7icat llOwVee. I. CLASSfflOM, OF_CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ 0111111A ALS Governmental end&* that use advanced Ke support vehichm to 001MW a Dale hospital EMS ALMS service. Class B ❑ ufy�LMLS QALS AgtMcIft Ovd provide non -emergency arroulance inter -facility medical transport at the ALSIOLS level. Class C Q —W6LS ✓ALS Agencies thalt provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ [jBLS ALS Agencies #W provide non -emergency almbularifr medical transports limited to out of county transfers. Class E M 12wheelchair 11 Wheelchair/Stretcher ,Ambulatory Transport Agencies that provide wheelchair transportation service only where said services are paid for in part or in whole either directly or indirectly with government funds. i Class E1 ❑,;,Wheelchair F� Wheelchair/Stretcher n,Ambulatory Transport f Agencies that provide wheelchair vehicle service where said services are not paid for In part or in whole either directly or indirectly with government tLttt U \BethXBeth Casano EOCICOPCMRENEwAL PACKET&COPCN Application.doc I 175 11. COMPANY DETAILS 1. NAME OF AGENCY: MAILING ADDRESS: EAST COAST AMBULANCE 530 2ND STREET SW UNIT C CITYVERO BEACH COUNTY INDIAN RIVER ZIP CODE: 32962 BUSINESS PHONE: 4012553257 2. TYPE OF OWNERSHIP(i.e. Private, Government, Volunteer, Partnership, etc.): PRIVATE 3. MANAGER'S NAME: ANDREW PAPPAS ADDRESS: 233 Shore Ln, Indian Harbor Beach PHONE* 4012553257 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS Andrew Pappas, 15 Swan St, North Providence RI 02911 Owner POSITION Dr Andrew Old, 5 Lady Slipper Lane, Marion, MA 02738 Owner Francis O'Reagan, 6 Shinqle Island Ln, Dartmouth MA 02747 Owner 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # Derek Amerman, Viera Florida (570)-490-4160 Paul McCarthy, 233 Shore Ln, Indian Harbor Beach (321)604-2031 Steven Pantano , 502 Kimberly Dr, Melbourne FLA 32940 (321)698-5647 UABeth\Beth Casano EOCICOPCMRENEWAL PACKETSICOPCN Application.doc 2 176 U:1Beth\Beth Casano EOCICOPCNIRENEWAL PACKETSICOPCN Application.doc 177 IV. ADDITIONAL INFORMATION REQUftW.T08ESU0.16MD WITH THIS APPLICATION: RENEWAL APPLICANTS FOR GLASSES A-D 1t3 ONLY ;NQS 4 - 9 RENEWAL APPLICANTS FOR DWSES E WEA NEED.ONLY #'s 6.4 . 1-11. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. F-12. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 1-13. Factual Statement indicating the ability of the applicant to manage and provide the proposed services, including the management plan, maintenance facilities, insurance program, accounting system, system for handling complaints, system for handling accidents and 'injuries, system for providing the county monthly operating reports and any other pertinent data you wish to be considered. 4-5 ❑✓ 4. Copy of Standard Operating Procedures. 7 5. Copy of Medical Protocols. W16. Copy of your insurance policy - must show coverage limits - FVI 7. Vehicle Information. For each vehicle provide the following: a. Make. Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity.(EfE1 classification) f. Indicate ALS/131-9 (A-D classification) ✓❑ 8. Personnel Roster. For each employee provide the following: a. Name - Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO) REWIRED FOR A-D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. ❑✓ 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges U \Beth\Beth Casano EOC\COPCN\RENEWAL PACKETS\COPCN Application.doc 4 178 V. NOTARIZED STATEMENTS Fill In Statements as applicable. 1, the representative o Applicant Name do hereby attest that the Business Name of Service above named service meets all the requirements of, and that I agree to comply with, all applicable provisions of Chapter 304, Life Support and Wheelchair Services. ANOF 'W PAPPAS: , the representative of Alpiicant Nmw EAS' C. OAST AMBULANCE do hereby attest that Business Name of Service the above named service will provide continuous service on a 24-hour, 7 -day ween basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as pmvWed in Chapter 401, Part 11111, Florida Statutes, Chapter 649-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304$, We Support Services. 1 further acknowledge that discrepancies discovered during the effective period of the Certificate of P1fic.Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority that to the best of my knowledge, all statements on this ap is on re true and correct»,' APPLI 800NATt1f BATE / Before me personally appeared the said that he/she executed the above lnstrument of his/her own free i 'I Ind accent, Wth f0ill knowledge of the purpose thereof. Sword and subscribed in my presence this 4f N UUtr1btC , 20$,q !� my N 6TARY JUBLIC ADIANEZ RUIZ *Wy Public, State of Florida U 1Beth\Beth Casano EOCtCOPCN\RENEWAL PACKETSICOPCN Application,doc Commission# HH 373204 V# comm. expires March 16, 2027 179 9N INDIAN RIVER COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY DATE: December 3, 2024 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Zac Portwood, Acting Director of Information Technology SUBJECT: Microsoft Enterprise Agreement Renewal - Correction BACKGROUND Indian River County is in the last year of our Microsoft Enterprise Agreement. The agreement is to be renewed in December 2024 for another three years. This agreement covers software we purchase including backend software (Windows Server, Exchange Email Server, SQL Server) and our Cloud Office Suite (Microsoft 365). The Department of Information Technology got a quote from each License Service Provider: SHI is quoted at $555,077.65; Insight Public Sector is quoted at $476,654.87 annually; CDW is quotes at $547,204.66. This item was brought to the board on October 8, 2024 as a consent item and approved. Afterward, Microsoft pointed out an error in the quotes and these have been fixed. This changed the price of the quotes: SHI is now $555,580.31; Insight Public Sector is now $508,252.14; CDW stays at $547,204.66. FUNDING Funding for the software is available in the Informational Technology Fund/Information Systems/Computer Software Account 50524113-035120 and the Main Library Account 00110971-035120. GL 1 Name Budgeted 50524113-035120 ; Information Technology Fund/Information ' $494,652.14 00110971-035120 I Comm RECOMMENDATION mputer Software _ _� Services/Library Services ! $13,600 The Department of Information Technology recommends that the chair sign the agreement with Insight Public Sector. Our yearly cost will be $508,252.14. The 180 services provided from Microsoft through Insight will cover all of the County's needs for the coming Fiscal Year. ATTACHMENTS 1. Microsoft EA Contract 2. Insight Public Sector Quote 3. CDW Quote 4. SHI Quote 181 O d m a v N O N d Ln } a Q N V N Q � W O I Ln a Ln qol 4W, 4A � z D€ : .:. :.. .:.' .. ... y yN C O 7 O _ O O U O .. S i N O M N N O c.. 4wa+ O > N O K N O \ .... - . o F C W �N C•. !. C -0N(00 S a m � O N>E� E Qj c 0 40 0 L � { F Lai u O u d •moo C v m rr� fO o v' Mrp Z phi D 9 At w R H .. 1 Ln Ln N N N O I Ln N Ln qol 4W, 4A iftc D€ : .:. :.. .:.' .. ... y .. _ -.... ... .. S F c.. 4wa+ O - .... . m.. .... - . o F m m y c ` - a 4. € � { F Lai Q: phi D 9 At w V di LP 48 n i .. .,. S p O 'o U W? T Olt ... ( ... ... . C u a` E O J ro O z Ci U d E E to to d m •� 0- CL Ix 3 ° `m w � C UV W C a 0 f M m Nm I n T m N O N t 0 y0 Cl) m aO aD m h m tO mMOm m d N l-- f� n O N Cl) m m m m N O m m m V m m� m m O CmN_Nmm� mM t Mi Ll N - rd M C V -q- Ln �- m m m h �{ V m V N N M N d' V UJ N Y7 ` M M M M E9 M M M M M M M M M M H d N m N f f M m m m O N V � m047t0 N rmm O O V V C N m M m m v m m W O d f .2 M m m m m 10 M N( � V m rN N tom C M M d mm N m to V M ON to m L g m M O m QG Md N f` f r O N M m m m M V y N O m m m V m m m m O C(DNNmm V (0 C'! m MIn lO N d M -O V V 1n r 0)M co r N N M N N V V N m LL, N MMMMMMMMMMEA 6969MM H d d m m m O N � O O V V N m M m m v m m v C d m m m m 10 M n N LO V i m F M I� N N tO m V •C N a d } M69MM41961)69M69 M464 M m m N m t 0 A m N O N co O Ma 0 mmm m . m mMOm t0 m O N I� I I O N t' ) m m m M v e d N Ommm.- V m mNmm O • O m N_ Cl! m m C m M m.- M t O l O N 10 CM O V' V mm m h d V m Iq N N M N R V } N N 0 W r A M M M M M M M M M M M M M M M H H d �- d m V m F N to m C tp T M M M M M M M M MEA M M M M M m Cd' V V M M M t 0 M O m N N N m m m O M 11') O m d m m t 0 N N N N a mm O d J 0 U N U ? O J J O T w,O -6� �U udi J ❑J O N O U O W a a (.)NL C a y O y U Utn U N.�-�rd.. C Z) U) N O N > J J LJN d am% co C U) U J j a rUil�a�a�❑ 4) U� Q)n I (D> OC7 (n 0U) CEJ O�U�Z� > NU EUU cN> aC.��C.�J Z d wL) LL �>O(7 > Z Q 0 QQ d Q rn 0d d CL) C Ur J to U Q (D U 0 U O -Dia�tuQ, mo �` .0rO M LooMU ❑ CDCD(DLLLLLLn O.W d O LO tO to m Ln n y fn to toU (> p mm tomm m-JJJ N C M M M M M M x' C 0 Q o >.. -. U 222 waatntntnto ac m a o o m o� o tm a OO NO MO O V p O MM O N O O O O O p M O O m O, ORO O 0 0 0 O O O m g a N d m M m- Z ZU W W W Qmm m M=ten I m mm i Enterprise Agreement State and Local Not for Use with Microsoft Business Agreement or Microsoft Business and Services Agreement This Microsoft Enterprise Agreement ("Agreement") is entered into between the entities identified on the signature form. Effective date. The effective date of this Agreement is the earliest effective date of any Enrollment entered into under this Agreement or the date Microsoft accepts this Agreement, whichever is earlier. This Agreement consists of (1) these Agreement terms and conditions, including any amendments and the signature form and all attachments identified therein, (2) the Product Terms applicable to Products licensed under this Agreement, (3) any Affiliate Enrollment entered into under this Agreement, and (4) any order submitted under this Agreement. Please note: Documents referenced in this Agreement but not attached to the signature form may be found at http://www.microsoft.com/licensing/contracts and are incorporated in this Agreement by reference, including the Product Terms and Use Rights. These documents may contain additional terms and conditions for Products licensed under this Agreement and may be changed from time to time. Customer should review such documents carefully, both at the time of signing and periodically thereafter, and fully understand all terms and conditions applicable to Products licensed-, Terms and 1. Definitio AT "Affiliate" means a. with regard to Customer, (i) any government agency, departr`i"office;Instrumentality, division; unit or other entity of the state or local government th ` is supervised by or is part of Customer, or which supervises Customer or of which Customer is a part, orwhich is under common supervision with Customer; , any county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's sta jurisdiction OiNo, ",qeographic boundaries; and (iii) any other entity in Customer's state expressly aut y the laws of Customer's state to purchase under state contracts; provided 4tia to and its Affiliates shall not, for purposes of this definition, be considered to b� s of the federal government and its Affiliates; and b. with regard to Microsoft, any legal under common ownership with Mic "Customer" means the legal entity that has e "Customer Data" means all data, including al to Microsoft by, or on behalf of, an Enrolled "day" means a calendar day, except "Enrolled Affiliate" means an entitvr into an Enrollment under this Agre,14 thi`rosoft owns, that owns Microsoft, or that is �// Vthis Agreement with Microsoft. sound, software, image, or video files that are provided and its Affiliates through use of Online Services. that specify "business day". stomer or any one of Customer's Affiliates that has entered EA20241AgrGov(US)SLG(ENG)(Oct2o23) Page 1 of 11 Document X20-10211 185 "Enrollment" means the document that an Enrolled Affiliate submits under this Agreement to place orders for Products. "Enterprise" means an Enrolled Affiliate and the Affiliates for which it is responsible and chooses on its Enrollment to include in its enterprise. "Fixes" means Product fixes, modifications or enhancements, or their derivatives, that Microsoft either releases generally (such as Product service packs) or provides to Customer to address a specific issue. "License" means the right to download, install, access and use a Product. For certain Products, a License may be available on a fixed term or subscription basis ("Subscription License"). Licenses for Online Services will be considered Subscription Licenses. "Microsoft" means the Microsoft Affiliate that has entered into this Agreement or an Enrollment and its Affiliates, as appropriate. "Online Services" means the Microsoft -hosted services identified as Online Services in the Product Terms. "Product" means all products identified in the Product Terms, such as all Software, Online Services and other web -based services, including pre-release or beta versions. "Product Terms" means the document that provides information about Microsoft Products and Professional Services available through volume licensing. The Product Terms document is published on the Volume Licensing Site and is updated from time to time. , ,. "SLA" means Service Level Agreement, which specifies the minimum service level for Online Services and is published on the Volume Licensing Site. "Software" means licensed copies of Microsoft software identified i the Product Terms. Software does not include Online Services, but Software may be part of an Online Service. "Software Assurance" is an offering by Microsoft i�'1 t provides new version rights and other benefits for Products as f er described in the Product Ter II "Trade Secre means information that is not generally known or readily ascertainable to the public, has economic value as a result, and has been subject to reasonable steps under the circumstances to maintain its secrecy. "use" or "run" means to copy, install, use, access, display, erwise interact. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-scree*otherwise) that accompanies a Product. "Volume Licensing Site" means htt ://www.microsoft.com/1icensin or a successor site. 2. How the Enterprise program works. ` a. General. The Enterprise program con s terms and conditions on which an Enrolled Affiliate may acquire Product Lice s. n the Enterprise program, Customer and its Affiliates may order Licenses for Pro ntering into Enrollments. b. Enrollments. The Enterprise prtKroducts. g es Customer and/or its Affiliates the ability to enter into one or more Enrollments tVaniollment Subscription Enrollments may be available for some of these Enrollmenthstanding any other provision of this Agreement, only Enrolled Affiliates identifi i will be responsible for complying with the terms of that Enrollment, in terms of this Agreement incorporated by reference in that Enrollment. EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 2 of 11 Document X20-10211 186 c. Licenses. The types of Licenses available are (1) Licenses obtained under Software Assurance (L&SA), and (2) Subscription Licenses. These License types, as well as additional License Types, are further described in the Product List. 3. Licenses for Products. a. License Grant. Microsoft grants the Enterprise a non-exclusive, worldwide and limited right to download, install and use software Products, and to access and use the Online Services, each in the quantity ordered under an Enrollment. The rights granted are subject to the terms of this Agreement, the Use Rights and the Product Terms. Microsoft reserves all rights not expressly granted in this Agreement. b. Duration of Licenses. Subscription Licenses and most Software Assurance rights are temporary and expire when the applicable Enrollment is terminated or expires, unless the Enrolled Affiliate exercises a buy-out option, which is available for some Subscription Licenses. Except as otherwise noted in the applicable Enrollment or Use Rights, all other Licenses become perpetual only when all payments for that License have been made and the initial Enrollment term has expired. c. Applicable Use Rights. The latest Use Rights as updad from time to time, apply to the use of all Products, subject to the following exceptions 4�a (i) For products with metered usage -based- pricing (e.g. metered Microsoft Azure Services) Material adverse changes published after the start of a calendar month will apply beginning the following month. 'I0,° (i i) For Versioned Software. Material adverse changes published after the date a Product is first licensed will not apply to any licenses for that Product acquired during the applicable Enrollment term unless the changes are published with the release of a new version and Customer chooses to update to that version. Renewal of Software Assurance does not change which Use Rights apply to perpetual Licenses acquired during a previous term or Enrollment (iii) For all other Products (e.g. O 65 services). Mateadverse changes published after the start of the subscription term will not apply to any li ses for that Product acquired during the applicable Enrollment term (iv) For use rights granted through Software Assurance. Material adverse changes F'published after the date a Product is first licensed will not apply to any licenses for that Product during the applicable enrollment term unless the changes are published with the release of a new version and Customer chooses to updat to that version. d. Downgrade rights. Enrolled Affiliate may use an earlier f a Product other than Online Services than the version that is current on the effecti MW the Enrollment. For Licenses acquired in the current Enrollment term, the Use R t r e current version apply to the use of the earlier version. If the earlier Product versa es features that are not in the new version, then the Use Rights applicable to th> ier version apply with respect to those features. n. e. New Version Rights under Softwa continuous Software Assurance cove coverage, Enterprise automaticalk! soon as it is released, even if Erb (i) Except as otherwise to the new version's (ii) If the License for is released -the A ur'We. Enrolled Affiliate must order and maintain 4fFFdMach License ordered. With Software Assurance right to use a new version of a licensed Product as affiliate chooses not to use the new version immediately. er an Enrollment, use of the new version will be subject 'ersion of the Product is perpetual at the time the new version the new version will also be perpetual. Perpetual Licenses EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 3 of 11 Document X20-10211 187 obtained through Software Assurance replace any perpetual Licenses for the earlier version. f. License confirmation. This Agreement, the applicable Enrollment, Enrolled Affiliate's order confirmation, and any documentation evidencing transfers of perpetual Licenses, together with proof of payment, will be Enrolled Affiliate's evidence of all Licenses obtained under an Enrollment. g. Reorganizations, consolidations and privatizations. If the number of Licenses covered by an Enrollment changes by more than ten percent as a result of (1) a reorganization, consolidation or privatization of an entity or an operating division, (2) a privatization of an Affiliate or an operating division of Enrolled Affiliate or any of its Affiliates, or (3) a consolidation including a merger with a third party that has an existing agreement or Enrollment, Microsoft will work with Enrolled Affiliate in good faith to determine how to accommodate its changed circumstances in the context of this Agreement. 4. Making copies of Products and re-imaging rights. a. General. Enrolled Affiliate may make as many copies of Products, as it needs to distribute them within the Enterprise. Copies must be true and complete (including copyright and trademark notices) from master copies obtained from a Microsoft approved fulfillment source. Enrolled Affiliate may use a third party to make these copies, but Enrolled Affiliate agrees it will be responsible for any third party's actions. Enrolled Affiliate agrees to make reasonable efforts to notify its employees, agents, and any other individuals who use the Products that the Products are licensed from Microsoft and subject to the terms of this Agreement. b. Copies for training/evaluation and back-up. For all Products other than Online Services, Enrolled Affiliate may: (1) use up to 20 complimentary copies of any licensed Product in a dedicated training facility on its premises for purposes of training on that particular Product, (2) use up to 10 complimentary copies of any Products for a 60 -day evaluation period, and (3) use one complimentary copy of any licensed Product for back-up or archival purposes for each of its distinct geographic locations. Trials for Online Services may be available if specified in the Use Rights. i 0 °�, w. c. Right to re-image. In certain cases, re-imaging is permitted using the Product media. If the Microsoft Product is licensed (1) from an original equipment manufacturer (OEM), (2) as a full packaged Product through a retail source, or (3) under another Microsoft program, then media provided under this Agreement may generally be used to create images for use in place of ,copies provided through that separate source. This right is conditional upon the following: (i) Separate Licenses must be acquired from the separate ce for each Product that is re- imaged. (ii) The Product, language, version, and compon(Wts copies made must be identical to the Product, language, version, and all comp the copies they replace, and the number of copies or instances of the re-im a uct permitted remains the same. (iii) Except for copies of an operating systec pies of Products licensed under another Microsoft program, the Product t e. pgrade or full License) re-imaged must be identical to the Product type lice the separate source. (iv) Enrolled Affiliate must adhe to an roduct-specific processes or requirements for re- imaging identified in the Prerms. Re-imaged Products remai e o the terms and use rights of the License acquired from the separate source. Thi s ion does not create or extend any Microsoft warranty or support obligation. EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 4 of 11 Document X20-10211 188 5. Transferring and reassigning Licenses. a. License transfers. License transfers are not permitted, except that Customer or an Enrolled Affiliate may transfer only fully paid perpetual Licenses to: (i) an Affiliate, or (ii) a third party solely in connection with the transfer of hardware or employees to whom the Licenses have been assigned as part of (1) a privatization of an Affiliate or agency or of an operating division of Enrolled Affiliate or an Affiliate, (2) a reorganization, or (3) a consolidation. Upon such transfer, Customer or Enrolled Affiliate must uninstall and discontinue using the licensed Product and render any copies unusable. b. Notification of License Transfer. Enrolled Affiliate must notify Microsoft of a License transfer by completing a license transfer form, which can be obtained from http://www.microsoft.com/licensing/contracts and sending the completed form to Microsoft before the License transfer. No License transfer will be valid unless Enrolled Affiliate provides to the transferee, and the transferee accepts in writing, documents sufficient to enable the transferee to ascertain the scope, purpose and limitations of the rights granted by Microsoft under the licenses being transferred (includingthe applicable Use Rights, use and transfer restrictions, warranties and limitations of liability). Any License transfer not made in compliance with this section will be void. c. Internal Assignment of Licenses and Software Assurance. Licenses and Software Assurance must be assigned to a single user or device within the Enterprise. Licenses and Software Assurance may be reassigned within the Enterprise as described in the Use Rights. , 6. Term and termination: .. a. Term. The term of this Agreement will remain in effect unless terminated by either party as described below. Each Enrollment will have the term provided in that Enrollment. b. Termination without cause. Either party may terminate this Agreement, without cause, upon 60 days' written notice. In the event of termination, new Enrollments will not be accepted, but any existing Enrollment will continue for the term of such Enrollment and will continue to be governed by this Agreement. c. Mid-term termination for non -appropriation of Funds. Enrolled Affiliate may terminate this Agreement or an Enrollment without liability, penalty or further obligation to make payments if funds to make payments under the Agreement or Enrollme a not appropriated or allocated d. Termination for cause. Without limiting any otVre it may have, either party may terminate an Enrollment if the other party mAatoiacles its obligations under this Agreement, including any obligation to submit o�ay invoices. Except where the breach is by its nature not curable within 30 days, t ating party must give the other party 30 days' notice of its intent to terminate an n unity to cure the breach. If Microsoft gives such notice to an o i hate, Microsoft also will give Customer a copy of that notice and Customer agrees t elp resolve the breach. If the breach affects other Enrollments and cannot be reso&eriod e een Microsoft and Enrolled Affiliate, together with Customer's help, within a reas of time, Microsoft may terminate this Agreement and all Enrollments under it I rolled Affiliate ceases to be Customer's Affiliate, it must promptly notify Microsoft, osoft may terminate the former Affiliate's Enrollment. If an Enrolled Affiliate termi rollment as a result of a breach by Microsoft, or if Microsoft terminates an Enroll a se Enrolled Affiliate ceases to be Customer's Affiliate, then Enrolled Affiliat i� e early termination rights described in the Enrollment. EA20241 AgrGov(US)SLG(ENG)(Oct2023) by the Enrolled Affiliate for such purpose Page 5 of 11 Document X20-10211 189 e. Early termination. If (1) an Enrolled Affiliate terminates its Enrollment as a result of a breach by Microsoft, or (2) if Microsoft terminates an Enrollment because the Enrolled Affiliate has ceased to be an Affiliate of Customer, or (3) Enrolled Affiliate terminates an Enrollment for non - appropriation of funds, or (4) Microsoft terminates an Enrollment for non-payment due to non - appropriation of funds, then the Enrolled Affiliate will have the following options: (i) It may immediately pay the total remaining amount due, including all installments, in which case, the Enrolled Affiliate will have perpetual rights for all Licenses it has ordered; or (ii) It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for: 1) all copies of Products (including the latest version of Products ordered under SA coverage in the current term) for which payment has been made in full, and 2) the number of copies of Products it has ordered (including the latest version of Products ordered under Software Assurance coverage in current term) that is proportional to the total of installment payments paid versus total amounts due (paid and payable) if the early termination had not occurred. (iii) In the case of early termination under subscription Enrollments, Enrolled Affiliate will have the following options: 1) For eligible Products, Enrolled Affiliate may obtain perpetual Licenses as described in the section of the Enrollment titled "Buy-out option," provided that Microsoft receives the buy-out order for those Licenses within 60 da s after Enrolled Affiliate provides notice of termination. + tw.� 2) In the event of a breach by Microsoft, if Customer chooses not to exercise a buy-out option, Microsoft will issue Enrolled Affiliate a credit for any amount paid in advance for Subscription Licenses that the Enterprise will not be able to use to do the termination of the Enrollment. "k Wkl Nothing in this section shall affect perpetmicense rights acqui in a separate agreement or in a prior term of the terminated Enrollment. f. Effect of termination or expiration. When an Enrollment expires or is terminated, (i) Enrolled Affiliate must order Licenses for all copies of Products it has run for which it has not previously submitted an order. Any and all unpaid payments for any order of any kind ,.<—main due and payable. Except as provided in the subsection titled "Early termination," all y� '}unpaid payments for Licenses immediately become due and payable. (ii) Enrolled Affiliate's right to Software Assurance benefit der this Agreement" ends if it does not renew Software Assurance. g. Modification or termination of an Online Servije f atory reasons. Microsoft may modify or terminate an Online Service where t ny current or future government requirement or obligation that: (1) subjects Micr o o any regulation or requirement not generally applicable to businesses operatin jurisdiction; (2) presents a hardship for Microsoft to continue operating the On Lne ce without modification; and/or (3) causes Microsoft to believe these terms or th n ice may conflict with any such requirement or obligation. h. Program updates. Microsoft mk hanges to this program that will make it necessary for Customer and its Enrolled s to enter into new agreements and Enrollments at the time of an Enrollment renew I. EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 6 of 11 Document X20-10211 190 7. Use, ownership, rights, and restrictions. a. Products. Unless otherwise specified in a supplemental agreement, use of any Product is governed by the Use Rights specific to each Product and version and by the terms of the applicable supplemental agreement. b. Fixes. Each Fix is licensed under the same terms as the Product to which it applies. If a Fix is not provided for a specific Product, any use rights Microsoft provides with the Fix will apply. c. Non -Microsoft software and technology. Enrolled Affiliate is solely responsible for any non - Microsoft software or technology that it installs or uses with the Products or Fixes. d. Restrictions. Enrolled Affiliate must not (and is not licensed to). (1). reverse engineer, decompile, or disassemble any Product or Fix; (2) install or use non -Microsoft software or technology in any way that would subject Microsoft's intellectual property or technology to any other license terms; or (3) work around any technical limitations in a Product or Fix or restrictions in Product documentation. Customer must not (and is not licensed to) (1) separate and run parts of a Product or Fix on more than one device, upgrade or downgrade parts of a Product or Fix at different times, or transfer parts of a Product or Fix separately; or (2) distribute, sublicense, rent, lease, lend any Products or Fixes, in whole or in part, or use them to offer hosting services to a third party. e. Reservation of rights. Products and Fixes are protected by copyright and other intellectual property rights laws and international treaties. Microsoft reserves all rights not expressly granted in this agreement. No rights will be granted or implied by waiver or estoppel. Rights to access or use Software on a device do not give Customer any right to implement Microsoft patents or other Microsoft intellectual property in the device itself or in any other software or devices. ' 8. Co entiality.it "Confidential Information" is non-public informa n F at is"deMgn d nfidenti a reasonable person should understand is confidential, including Customer Data. Confidenti ` .p: rmation does not include information that (1) becomes publicly available without a breach of this agreement, (2) the receiving party received lawfully from another source without a confidentiality obligation, (3) is independently developed, or (4) is a comment or suggestion volunteered about the other party's business, products or services. 1 Each party will take reasonable steps to protect the other's Confidential Information and will use the other party's Confidential Information only for purposes of the parties' busines relationship. Neither party will disclose that Confidential Information to third parties, except to its oyees, Affiliates, contractors, advisors and consultants ("Representatives") and then only on a nee -t w basis under nondisclosure obligations at least as protective as this agreement. Each party" responsible for the use of the Confidential Information by its Representatives and, in the ev t overy of any unauthorized use or disclosure, must promptly notify the other party. , 1 A party may disclose the other's Confidential Informationi by law; but only after it notifies the other party (if legally permissible) to enable the other party.Lo 011# protective order. Neither party is required to restrict work assig Confidential Information. Each party agrees that 1 memories in the development or deployment liability under this Agreement or trade sec other accordingly. . ?A These obligations apply (1) for Ci other Confidential Information, for ie i s Representatives who have had access to e of information retained in Representatives' unaided p Nes' respective products or services does not create and each party agrees to limit what it discloses to the until it is deleted from the Online Services, and (2) for all e years after a party receives the Confidential Information. EA20241 AgrGov(US)SLG(ENG)(Oct2023) Page 7 of 11 Document X20-10211 191 9. Privacy and compliance with laws. a. Enrolled Affiliate consents to the processing of personal information by Microsoft and its agents to facilitate the subject matter of this Agreement. Enrolled Affiliate will obtain all required consents from third parties under applicable privacy and data protection law before providing personal information to Microsoft. b. Personal information collected under this agreement (1) may be transferred, stored and processed in the United States or any other country in which Microsoft or its service providers maintain facilities and (2) will be subject to the privacy terms specified in the Use Rights. Microsoft will abide by the requirements of European Economic Area and Swiss data protection law regarding the collection, use, transfer, retention, and other processing of personal data from the European Economic Area and Switzerland. c. U.S. export. Products and Fixes are subject to U.S. export jurisdiction. Enrolled Affiliate must comply with all applicable international and national laws, including the U.S. Export Administration Regulations and International Traffic in Arms Regulations, and end-user, end use and destination restrictions issued by U.S. and other governments related to Microsoft products, services and technologies. 10. Warranties. a. Limited warranties and remedies. (i) Software. Microsoft warrants that each version of the Software will perform substantially as described in the applicable Product documentation for one year from the date the Enterprise is first licensed for that version. If it does not and the Enterprise notifies Microsoft within the warranty term, then Microsoft will, at its option (1) return the price Enrolled Affiliate paid for the Software license, or (2) repair or replace the Software. (ii) Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during the Enterprise's use. The Enterprise's remedies for breach of this warranty are in the SLA. The remedies above are the Enterprise's sole remedies for breach of the warranties in this section. Customer waives any breach of warranty claims not made during the warranty period. b. Exclusions. The warranties in this agreement do not apply to problems caused by accident, tCabuse, or use in a manner inconsistent with this Agreement, including failure to meet minimum ystem requirements. These warranties do not apply to free, trial, pre-release, or beta products, or to components of Products that Enrolled Affiliate ' permitted to redistribute.x; C." Disclaimer. Except for the limited warranties ab a rosoft provides no other warranties or conditions and disclaims any o ress, implied, or statutory warranties, including warranties of quality, title ingement, merchantability, and fitness for a particular purpose. 11. Defense of third party claimsQ_V�Iaims The parties will defend each other against the th described in this section and will pay the amount of any resulting adverse final judgm t roved settlement, but only if the defending party is promptly notified in writing of the claim and has a right to control the defense and any settlement of it. The party being defended must provide the def rty with all requested assistance, information, authority, and must take all reasonable action to s losses arising from the third -party claim. The defending party will reimburse the other party for a le out-of-pocket expenses it incurs in providing assistance. This section describes the parties' ies and entire liability for such claims. a. By Microsoft.icrosl defend Enrolled Affiliate against any third -party claim to the extent it alleges that auyoor Fix made available by Microsoft for a fee and used within the scope EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 8 of 11 Document X20-10211 192 of the license granted (unmodified from the form provided by Microsoft and not combined with anything else) misappropriates a trade secret or directly infringes a patent, copyright, trademark or other proprietary right of a third party. If Microsoft is unable to resolve a claim of infringement under commercially reasonable terms, it may, at its option, either (1) modify or replace the Product or Fix with a functional equivalent; or (2) terminate Enrolled Affiliate's license and refund any prepaid license fees (less depreciation on a five-year, straight-line basis) for perpetual licenses and any amount paid for Online Services for any usage period after the termination date. Microsoft will not be liable for any claims or damages due to Enrolled Affiliate's continued use of a Product or Fix after being notified to stop due to a third -party claim. b. By Enrolled Affiliate. To the extent permitted by applicable law, Enrolled Affiliate will defend Microsoft against any third -party claim to the extent it alleges that: (1) any Customer Data or non -Microsoft software hosted in an Online Service by Microsoft on Enrolled Affiliate's behalf misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (2) Enrolled Affiliate's use of any Product or Fix, alone or in combination with anything else, violates the law or damages a third party. 12. Limitation of liability. For each Product, each party's maximum, aggregate liability to the other under this Agreement is limited to direct damages finally awarded in an amount not to exceed the amounts Enrolled Affiliate paid for the applicable Products during the term of this Agreement, subject to the following: a. Online Services. For Online Services, Microsoft's maximum liability to Enrolled Affiliate for any incident giving rise to a claim will not exceed the amount Enrolled Affiliate paid for the Online Service during the 12 months before the incident } b. Free Products and Distributable Code. For Products provided free of charge and code that Enrolled Affiliate is authorized to redistribute to third parties without separate payment to Microsoft, Microsoft's liability is limited to direct damages finally awarded up to US$5,000. c. Exclusions. In no event will either party be liable for indirect, incidental, special, punitive, or consequential damages, or for loss of use, loss of business information, loss of revenue, or interruption of business, however caused or on any theory of liability. d. Exceptions. No limitation or exclusions will apply to liability arising out of either party's (1) confidentiality obligations (except for all liability related to Customer Data, which will: remain subject to the limitations and exclusions above); (2) defense obligations, or (3) violation of the ,other party's intellectual property rights. 13. Verifying compliance. a. Right to verify compliance. Enrolled Affiliate giu p ecords relating to all use and distribution of Products by Enrolled Affiliate and ' s. Microsoft has the right, at its expense, to the extent permitted by applicable la ify such compliance with the Product's license terms. Microsoft will engage an indep uditor and Enrolled Affiliate must provide the independent auditor with any inform .o uditor reasonably requests in furtherance of the verification, including visible ac s ms running the Products and evidence of Licenses for Products Enrolled A i s, sublicenses, or distributes to third parties. Enrolled Affiliate must provide, w' out u e delay, the foregoing information and access upon request of the independent audi b. Verification process. Mi 11 notify Enrolled Affiliate at least 30 calendar days in advance of its intent to v oiled Affiliate's compliance with the license terms for the Products Enrolled Aff" or distribute. The independent auditor is subject to a confidentiality obligati i ' t to cover the auditor's engagement with Enrolled Affiliate for the verification roce nrolled Affiliate may, at its discretion, also require a mutually agreeable confid 'a ' agreement with the independent auditor for access to premises, data EA20241AgrGov(US)SLG(ENG)(Oct2023) Page 9 of 11 Document X20-10211 193 and systems. Such confidentiality agreement between Enrolled Affiliate and auditor must be completed within fourteen (14) days of such request, and shall not restrict the ability for the independent auditor to accurately verify compliance and share the resulting information with Microsoft. Any information collected will be used solely for purposes of determining Enrolled Affiliate's compliance. This verification will take place during normal business hours and the auditor will make best efforts not to interfere with Enrolled Affiliate's operations during the course of the audit. c. Remedies for non-compliance. If verification reveals any use of Products without applicable license rights, then within 30 days Enrolled Affiliate must order sufficient licenses to cover its use, and, if such use or distribution is determined to be in excess of Enrolled Affiliate's existing licenses by 5% or more of the audited environment(s) in aggregate, then Enrolled Affiliate must reimburse Microsoft for the costs Microsoft incurred in obtaining the verification and acquire the necessary additional licenses. Such licenses will be obtained at 125% of the price, based on the then -current price list. The use percentage is based on the total number of Products used without applicable liscense rights (as described above) compared to the total Product use. If it is verified that Product use is sufficiently licensed, Microsoft will not require the Enterprise to engage in another verification for at least one year. By exercising the rights and procedures described above, Microsoft does not waive its rights to enforce its rights under these Additional Use Rights and Restrictions or to. protect its intellectual property by any other legal or contractual means. 14. Miscellaneous. a. Use of contractors. Microsoft may use contractors to`ptorm services but will 'be responsible for their performance subject to the terms of this Agreem nt. b. Microsoft as independent contractor. The parties are independent contractors. Enrolled Affiliate and Microsoft each may develop products independently without using the other's Confidential Information. c. Notices. Notices to Microsoft must be sent to the address on the signs rm. Notices must be in writing and will be treated as delivered on the date shown on the return receipt or on the courier or fax confirmation of delivery. Microsoft may provide information to Enrolled Affiliate about upcoming ordering deadlines, services, and subscription information in electronic form, including by email to contacts provided by Enrolled Affiliate,, Finails will be treated as delivered on the transmission date. �p i . greement not exclusive. Customer is free to enter into agreements$o license, use or promote non -Microsoft products. e. Amendments. Any amendment to this Agreement musuted by both parties, except that Microsoft may change the Product Terms and WFRights from time to time in accordance with the terms of this Agreement. An� o c g terms and conditions contained in an Enrolled Affiliate's purchase order will not ap . rosoft may require Customer to sign a new agreement or an amendment before an E d ffiliate enters into an Enrollment under this agreement. f. Assignment. Either party may assi qtA ment to an Affiliate but must notify the other party in writing of the assignment. A roposed assignment must be approved by the non -assigning party in writing. A nwill not relieve the assigning party of its obligations under the assigned agreement,ttempted assignment without required approval will be void. 4A Applicable lain laws of Custorr Agreement will EA20241 AgrGov(US)SLG(ENG)(Oct2023) he terms of this Agreement will be governed by the effect to its conflict of laws. Disputes relating to this ispute resolution laws of Customer's state. Page 10 of 11 Document X20-10211 194 h. Severability. If any provision in this agreement is held to be unenforceable, the balance of the agreement will remain in full force and effect. i. Waiver. Failure to enforce any provision of this agreement will not constitute a waiver. Any waiver must be in writing and signed by the waiving party. j. No third -party beneficiaries. This Agreement does not create any third -party beneficiary rights. k. Survival. All provisions survive termination or expiration of this Agreement except those requiring performance only during the term of the Agreement. I. Management and Reporting. Customer and/or Enrolled Affiliate may manage account details (e.g., contacts, orders, Licenses, software downloads) at: https://www.microsoft.com/licensing/servicecenter (or a successor site). Upon the effective date of this Agreement and any Enrollments, the contact(s) identified for this purpose will be provided access to this site and may authorize additional users and contacts. m. Order of precedence. In the case of a conflict between any documents in this Agreement that is not expressly resolved in those documents, their terms will control in the following order from highest to lowest priority: (1) this Enterprise Agreement, (2) any Enrollment, (3) the Product Terms, (4) orders submitted under this Agreement,, eny other documents in this Agreement. Terms in an amendment control ove4 d document and any prior amendments concerning the same subject matter. n. Free Products. It is Microsoft's intent that the terms of this Agreement and the Use Rights be in compliance with all applicable federal law and,regulations. Any free Product provided to Enrolled Affiliate is for the sole use and benefit of the Enrolled Affiliate and is not provided for use by or personal benefit of any specific government employee. o. Voluntary Product Accessibility Templates. Microsoft supports the government's obligation to provide accessible technologies to its citizens with disabilities as required by Section 508 of the Rehabilitation Act of 1973, and its state law counterparts. The Voluntary Product Accessibility Templates ("VPATs") for the Microsoft technologies used in providing the Online Services can be found at Microsoft's VPAT page. Further information regarding Microsoft's commitment to accessibility can be found at http://www.microsoft.com/enable. p. Natural disaster. In the event of a "natural disaster," Microsoft may provide additional assistance or rights by posting them on http://Www.microsoft.com at such time. right violation. Except as set forth in the section above entitled "Transferring and eassigning Licenses", the Enrolled Affiliate agrees to pay for, and comply with the terms of this Agreement and the Use Rights, for the Products it uses. Ex e to the extent Enrolled Affiliate is licensed under this Agreement, it will be responsible fdM breach of this contract and violation of Microsoft's copyright in the Products, inclu ment of License fees specified in this Agreement for unlicensed use. ♦ Z J EA20241AgrGov(US)SLG(EN G)(Oct2023) Page 11 of 11 Document X20-10211 195 Enterprise Enrollment Enterprise Enrollment number (Microsoft to complete) Previous Enrollment number (Reseller to complete) i i 00 Microsoft NN Framework ID (if applicable) State and Local This Enrollment must be attached to a signature form to be valid. This Microsoft Enterprise Enrollment is entered into between the entities as identified in the signature form as of the effective date. Enrolled Affiliate represents and warrants it is the same Customer, or an Affiliate of the Customer, that entered into the Enterprise Agreement identified on the program signature form. This Enrollment consists of: (1) these terms and conditions, (2) the terms of the Enterprise Agreement identified on the signature form, (3) the Product Selection Form, (4) the Product Terms, (5) any Supplemental Contact Information Form, Previous Agreement/Enrollment form, and other forms that may be required, and (6) any order submitted under this Enrollment. This Enrollment may only be entered into under a 2011 or later Enterprise Agreement. By entering into this Enrollment, Enrolled Affiliate agrees to be bound by the terms and conditions of the Enterprise Agreement. All terms used but not defined are located at hftp://www.microsoft.com/licensing/contracts. In the event of any conflict the terms of this Agreement control. Effective date. If Enrolled Affiliate is renewing Software Assurance or Subscription Licenses from one or more previous Enrollments or agreements, then the effective date will be the day after the first prior Enrollment or agreement expires or terminates. If this Enrollment is renewed, the effective date of the renewal term will be the day after the Expiration Date of the initial term. Otherwise, the effective date will be the date this Enrollment is accepted by Microsoft. Any reference to - ° riversary date" refers to the anniversary of the effective date of the applicable initial or renewal term ch year this Enrollment is in effect. "$ Term. The initial term of this Enrollment will expire on the last day of the month, 36 full calendar months from the effective date of the initial term. The renewal term will expire 36 full calendar months after the effective date of the renewal term. Terms and Conditio®� 1. Definitions. J Terms used but not defined in this Enrollment wiezefinition in the Enterprise Agreement. The following definitions are used in this Enrollment: "Additional Product" means any Product ide ' led a uch in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. "Community" means the communAGovom one or more of the following: (1) a Government, (2) an Enrolled Affiliate using eligible Community Cloud Services to provide solutions to a Government or a qualified membemunity, or (3) a Customer with Customer Data that is subject to Government regulations foromer determines and Microsoft agrees that the use of Government Community Ctd Ses is appropriate to meet Customer's regulatory requirements. EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 1 of 10 Document X20-10636 196 Membership in the Community is ultimately at Microsoft's discretion, which may vary by Government Community Cloud Service. "Enterprise Online Service" means any Online Service designated as an Enterprise Online Service in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Online Services are treated as Online Services, except as noted. "Enterprise Product" means any Desktop Platform Product that Microsoft designates as an Enterprise Product in the Product Terms and chosen by Enrolled Affiliate under this Enrollment. Enterprise Products must be licensed for all Qualified Devices and Qualified Users on an Enterprise -wide basis under this program. "Expiration Date" means the date upon which the Enrollment expires. "Federal Agency" means a bureau, office, agency, department or other entity of the United States Government. "Government" means a Federal Agency, State/Local Entity, or Tribal Entity acting in its governmental capacity. "Government Community Cloud Services" means Microsoft Online Services that are provisioned in Microsoft's multi -tenant data centers for exclusive use by or for the Community and offered in accordance with the National Institute of Standards and Technology (NIST) Special Publication 800-145. Microsoft Online Services that are Government Community Cloud Services are designated as such in the Use Rights and Product Terms. "Industry Device" (also known as line of business device) means any device that: (1) is not useable in its deployed configuration as a general purpose personal computing device (such as a personal computer), a multi -function server, or a commercially viable substitute for one of these systems; and (2) only employs an industry or task -specific software program (e.g. a computer-aided design program used by an architect or a point of sale program) ("Industry Program"). The device may include features and functions derived from Microsoft software or third -party software. If the device performs desktop functions (such as email, word processing, spreadsheets, database, network or Internet browsing, or scheduling, or personal finance), then the desktop functions: (1) may only be used for the purpose of supporting the Industry Program functionality; and (2) must be technically integrated with the Industry Program or employ technically enforced policies or architecture to operate only when used with the Industry Program functionality. "Managed Device" means any device on which any Affiliate in the Enterprise directly or indirectly controls one or more operating system environments. Examples of Managed Devices can be found in the Product Terms n. "1 "Qualified Device" means any device that is used by or for the benefit of Enrolled Affiliate's Enterprise and is: (1) a personal desktop computer, portable computer, workstation, or si filar device capable of running Windows Pro locally (in a physical or virtual operating system environ e r (2) a device used to access a virtual desktop infrastructure ("VDI"). Qualified Devices do not in y device that is: (1) designated as a server and not used as a personal computer, (2) an Indus , or (3) not a Managed Device. At its option, the Enrolled Affiliate may designate any device ex ove (e.g., Industry Device) that is used by or for the benefit of the Enrolled Affiliate's Enterpr ualified Device for all or a subset of Enterprise Products or Online Services the Enrolled Affila elected. "Qualified User" means a person (e.g., employ nVi fit, contingent staff) who: (1) is a user of a Qualified Device, or (2) accesses any server quiring an Enterprise Product Client Access License or any Enterprise Online Service. I oes include a person who accesses server software or an Online Service solely under a License ided in a Qualified User exemptions in the Product Terms. "Reseller" means an entity authorized an Enrolled Affiliate to provide pre- an "Reserved License" means for an the License reserved by Enrolled 1XI available for activation. EA20241 EnrGov(US)SLG(ENG)(Oct2023) to resell Licenses under this program and engaged by ction assistance related to this agreement; ice identified as eligible for true -ups in the Product Terms, to use and for which Microsoft will make the Online Service Page 2 of 10 Document X20-10636 197 "State/Local Entity" means (1) any agency of a state or local government in the United States, or (2) any United States county, borough, commonwealth, city, municipality, town, township, special purpose district, or other similar type of governmental instrumentality established by the laws of Customer's state and located within Customer's state's jurisdiction and geographic boundaries. "Tribal Entity" means a federally recognized tribal entity performing tribal governmental functions and eligible for funding and services from the U.S. Department of Interior by virtue of its status as an Indian tribe. "Use Rights" means, with respect to any licensing program, the use rights or terms of service for each Product and version published for that licensing program at the Volume Licensing Site and updated from time to time. The Use Rights include the Product -Specific License Terms, the License Model terms, the Universal License Terms, the Data Protection Terms, and the Other Legal Terms. The Use Rights supersede the terms of any end user license agreement (on-screen or otherwise) that accompanies a P rod u ct. "Volume Licensing Site" means http://www.microsoft.com/licensing/contracts or a successor site. 2. Order requirements. a. Minimum order requirements. Enrolled Affiliate's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices. The initial order must include at least 250 Licenses for Enterprise Products or Enterprise Online Services. wo (i) Enterprise commitment. Enrolled Affiliate mbs order en6ug' µ' icenses to cover all Qualified Users or Qualified Devices, depending on the License Type, with one or more Enterprise Products or a mix of Enterprise Products and the corresponding Enterprise Online Services (as long as all Qualified Devices not covered by a License are only used by users covered with a user, License). 4411i) Enterprise Online Services only. If no Enterprise Product is ordered, then Enrolled Affiliate need only maintain at least 250 Subscri tion Licenses for Enterprise Online Services.AMMAR' ' r. b. Additional Products. Upon satisfy the minimum order irements above, Enrolled Affiliate may order Additional Products. ANWAW c. Use Rights for Enterprise Products. For Enterprise Products, if a new Product version has more restrictive use rights than the version that is current at the start of the applicable initial or renewal term of the Enrollment, those more restrictive use rights will not apply to Enrolled *'Affiliate's use of that Product during that term. - ` f 4,,' d. Country of usage. Enrolled Affiliate must specif4thecou where Licenses&WMbe usdd on its initial order and on any additional orders. e. Resellers. Enrolled Affiliate must choose and mReseller authorized in the United States. Enrolled Affiliate will acquire its Licenses t chosen Reseller. Orders must be submitted to the Reseller who will transmit the to Microsoft. The Reseller and Enrolled Affiliate determine pricing and payment ter 4e ween them, and Microsoft will invoice the Reseller based on those terms. Throu reement the term "price" refers to reference price. Resellers and other third parti ave authority to bind or impose any obligation or liability on Microsoft. Adding Products. Adding new Produc Online Services may Reseller. New Ad placed in the mo Services, a%pitial . EA20241 EnrGov(US)SLG(ENG)(Oct2023) fd iously ordered. New Enterprise Products or Enterprise at any time by contacting a Microsoft Account Manager or ucts, other than Online Services, may be used if an order is uct is first used. For Additional Products that are Online for the Online Service is required prior to use. Page 3 of 10 Document X20-10636 198 (ii) Adding Licenses for previously ordered Products. Additional Licenses for previously ordered Products other than Online Services may be added at any time but must be included in the next true -up order. Additional Licenses for Online Services must be ordered prior to use, unless the Online Services are (1) identified as eligible for true -up in the Product Terms or (2) included as part of other Licenses. g. True -up requirements. Enrolled Affiliate must submit an annual true -up order that accounts for any changes since the initial order or last order. If there are no changes, then an update statement must be submitted instead of a true -up order. (i) Enterprise Products. For Enterprise Products, Enrolled Affiliate must determine the number of Qualified Devices and Qualified Users (if ordering user -based Licenses) at the time the true -up order is placed and must order additional Licenses for all Qualified Devices and Qualified Users that are not already covered by existing Licenses, including any Enterprise Online Services. (ii) Additional Products. For Additional Products that have been previously ordered under this Enrollment, Enrolled Affiliate must determine the maximum number of Additional Products used since the latter of the initial order, the last true -up order, or the prior anniversary date and submit a true -up order that accounts for any increase. (iii) Online Services. For Online Services identified as eligible for true -up in the Product Terms, Enrolled Affiliate may place a reservation order for the additional Licenses prior to use and payment may be deferred until the next true -up order. Microsoft will provide a report of Reserved Licenses ordered but not yet invoiced to Enrolled Affiliate and its Reseller. Reserved Licenses will be invoiced retrospectively to the month in which they were ordered. � ' WAIWI(iv) Subscription License reductions Enrolled Affiliate may reduce the quantity of Subscription Licenses at the Enrollment anniversary date on a prospective basis if permitted in the Product Terms, as follows: For Subscription Licenses that are part of an Enterprise -wide purchase, Licenses may be reduced if the total quantity of Licenses and Software Assurance for an applicable group meets or exceeds the quantity of Qualified Devices and Qualified Users (if ordering user -based Licenses) identified on the Product Selection Form, and includes any additional Qualified Devices and Qualified Users added in any prior true -up orders. Step-up Licenses do not count towards this total count. For Enterprise Online Services in a given Product pool that are not a part of an Enterprise -wide purchase, Licenses can be reduced as long as (a) the initial order minimum requirements are maintained and (b) all th -active users of each Online Service are included the total quantity of Licens s ining after the reduction. An Enrolled Affiliate may reduce Licenses for Onli es on or before the Enrollment anniversary date and place a reservation •rd uch licenses within 90 days after the anniversary date; however, any licen ed as described in this section will be invoiced to the Enrolled Affiliate f e 'me period the licenses were made available. vv For Additional Products ava' Zbscription Licenses, Enrolled Affiliate may reduce the Licenses. If the unt is reduced to zero, then Enrolled Affiliate's use of the applicable Sul&scrip License will be cancelled. Invoices will be adjusted tt any reductions in Subscription Licenses at the true -up order Enrollment annivers and effective as of such date. (v) Update statement. u e statement must be submitted instead of a true -up order if, since the initial o t true -up order, Enrolled Affiliate's Enterprise: (1) has not changed the nur� alified Devices and Qualified Users licensed with Enterprise Products oNpterp_ Online Services; and (2) has not increased its usage of Additional EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 4 of 10 Document X20-10636 199 Products. This update statement must be signed by Enrolled Affiliate's authorized representative. (vi) True -up order period. The true -up order or update statement must be received by Microsoft between 60 and 30 days prior to each Enrollment anniversary date. The third - year true -up order or update statement is due within 30 days prior to the Expiration Date, and any license reservations within this 30 day period will not be accepted. Enrolled Affiliate may submit true -up orders more often to account for increases in Product usage, but an annual true -up order or update statement must still be submitted during the annual order period. (vii)Late true -up order. If the true -up order or update statement is not received when due, Microsoft may invoice Reseller for all Reserved Licenses not previously invoiced and Subscription License reductions cannot be reported until the following Enrollment anniversary date (or at Enrollment renewal, as applicable). h. Step-up Licenses. For Licenses eligible for a step-up under this Enrollment, Enrolled Affiliate may step-up to a higher edition or suite as follows: (i) For step-up Licenses included on an initial order, Enrolled Affiliate may order according to the true -up process. (ii) If step-up Licenses are not included on :an initial ort, Enrolled Affiliate may step-up initially by following the process described in the Section titled "Adding new Products not previously ordered," then for additional step-up Licenses, by following the true -up order process. a m, i. Clerical errors. Microsoft may correct cierical errors in this E 6Iment, and any documents submitted with or under this Enrollment, by providing notice by email and a reasonable opportunity for Enrolled Affiliate to object to the correction. Clerical errors include minor mistakes, unintentional additions and omissions. This provision does not apply to material terms, such as the identity, quantity or price of a Product ordered. ;, F j. Verifying compliance. Microsoft may, in its discretion and at its expense, verify compliance with this Enrollment as set forth in the Enterprise r 3. Pricing. _. a. Price Levels. For both the initial and any renewal term Enrolled Affiliate's Price Level for all Products ordered under this Enrollment will be Level "D" throughout the term of the Enrollment. Setting Prices. Unless otherwise expressly agreed to IAparties and except for Online Services designated in the Product Terms as being ex from fixed pricing, Enrolled Affiliate's prices for each Product or Service will be ' ed by its Reseller. As long as Enrolled Affiliate continues to qualify for the samespri I, Microsoft's prices for Resellers for each Product or Service ordered will be fixed ut the applicable initial or renewal Enrollment term. Microsoft's prices to Resell a established at the beginning of the renewal term. 4. Payment terms. For the initial or renewal order, Microsoft wi voic Enrolled Affiliate's Reseller in three equal annual installments. The first installment w&'11 d upon Microsoft's acceptance of this Enrollment and remaining installments will be invoicsubsequent Enrollment anniversary date. Subsequent orders are invoiced upon acceptanceand Enrolled Affiliate may elect to pay annually or upfront for Online Services and upfront forses. V EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 5 of 10 Document X20-10636 200 5. End of Enrollment term and termination. a. General. At the Expiration Date, Enrolled Affiliate must immediately order and pay for Licenses for Products it has used but has not previously submitted an order, except as otherwise provided in this Enrollment. b. Renewal option. At the Expiration Date of the initial term, Enrolled Affiliate can renew Products by renewing this Enrollment for one additional 36 -month term or by signing a new Enrollment. Microsoft must receive a Renewal Form, Product Selection Form, and renewal order prior to or at the Expiration Date. Microsoft will not unreasonably reject any renewal. Microsoft may make changes to this program that will make it necessary for Customer and its Enrolled Affiliates to enter into new agreements and Enrollments at renewal. c. If Enrolled Affiliate elects not to renew. (i) Software Assurance. If Enrolled Affiliate elects not to renew Software Assurance for any Product under its Enrollment, then Enrolled Affiliate will not be permitted to order Software Assurance later without first acquiring a new License with Software Assurance. (ii) Online Services eligible for an Extended Term. For Online Services identified as eligible for an Extended Term in the Product Terms, the following options are available at the end of the Enrollment initial or renewal term. 1) Extended Term. Licenses for Online Services will automatically expire in accordance with the terms of the Enrollment. An extended term option that allows Online Services to continue month-to-month ("Extended Term") is available. During the Extended Term, Online Services will be invoiced monthly at the then -current published price as of the Expiration Date plus a 3% administrative fee for up to one year. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate must submit a request to Microsoft least 30 days prior to the Expiration Date. Cancellation during Extended Term. At any time during the first twelve months of the Extended Term, Enrolled Affiliate may terminate the Extended Term by submitting a notice of cancellation to Microsoft for each Online Service. Thereafter, Microsoft may condition the continued use of each Online Service on the acceptance of new terms by the Enrolled Affiliate. Enrolled Affiliate will be notified in writing of any new terms at least 60 days before any such changes take effect. Enrolled Affiliate acknowledges ..,and agrees that after the notice described in this section, its continued use of each Online Service after the effective date provided in the notice will constitute its acceptance of the new terms. If Enrolled Affiliate does not agree to the new terms, it must stop using the Online Services and terminate th Extended Term as provided in this section. Enrolled Affiliate's termination under s ection will be effective at the end of the month following 30 days after Microso eived the notice. (iii) Subscription Licenses and Online Service# i Mile for an Extended Term. If Enrolled Affiliate elects not to renew, the Lice i�jY�b, cancelled and will terminate as of the Expiration Date. Any associated m di �t be uninstalled and destroyed and Enrolled Affiliate's Enterprise must di use. Microsoft may request written certification to verify compliance. d. Termination for cause. Any termi ti cause of this Enrollment will be subject to the "Termination for cause" section of th reement. In addition, it shall be a breach of this Enrollment if Enrolled Affiliate ny ffiliate in the Enterprise that uses Government Community Cloud Services f eet and maintain the conditions of membership in the definition of Community. e. Early termination. An ar ermination of this Enrollment will be subject to the "Early Termination" Section prise Agreement. EA20241EnrGov(US)SLG(ENG)(Oct2023) Page 6 of 10 Document X20-10636 201 For Subscription Licenses, in the event of a breach by Microsoft, or if Microsoft terminates an Online Service for regulatory reasons, Microsoft will issue Reseller a credit for any amount paid in advance for the period after termination. 6. Government Community Cloud. a. Community requirements. If Enrolled Affiliate purchases Government Community Cloud Services, Enrolled Affiliate certifies that it is a member of the Community and agrees to use Government Community Cloud Services solely in its capacity as a member of the Community and, for eligible Government Community Cloud Services, for the benefit of end users that are members of the Community. Use of Government Community Cloud Services by an entity that is not a member of the Community or to provide services to non -Community members is strictly prohibited and could result in termination of Enrolled Affiliate's license(s) for Government Community Cloud Services without notice. Enrolled Affiliate acknowledges that only Community members may use Government Community Cloud Services. b. All terms and conditions applicable to non -Government Community Cloud Services also apply to their corresponding Government Community Cloud Services, except as otherwise noted in the Use Rights, Product Terms, and this Enrollment. c. Enrolled Affiliate may not deploy or use Government Community Cloud Services and corresponding non -Government Community Cloud Services in the same domain. d. Use Rights for Government Community Cloud Services. For Government Community Cloud Services, notwithstanding anything to the contrary in the Use Rights.- (i) ights:(i) Government Community Cloud Services will be offered only within the United S . (ii) Additional European Terms, as set forth in the Use Rights, will not apply. ' (iii) References to geographic areas in the Use Rights with respect to the location of Customer Data at rest, as set forth in the Use Rights, refer only to the United States.;, EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 7 of 10 Document X20-10636 202 Enrollment Details 1. Enrolled Affiliate's Enterprise. Identify which Agency Affiliates are included in the Enterprise. (Required) Enrolled Affiliate's Enterprise must consist of entire offices, bureaus, agencies, departments or other entities of Enrolled Affiliate, not partial offices, bureaus, agencies, or departments, or other partial entities. Check only one box in this section. If no boxes are checked, Microsoft will deem the Enterprise to include the Enrolled Affiliate only. If more than one box is checked, Microsoft will deem the Enterprise to include the largest number of Affiliates: ❑ Enrolled Affiliate only ❑ Enrolled Affiliate and the following Affiliate(s): Unless specifically identified above, all Affiliates of Customer, ifh at the execution of this Enrollment or created or acquired after the execution of this Enrollment, will be excluded from the Enterprise. To request that an additional Affiliate be included in Customer's Enterprise, Customer must identify an Affiliate to Microsoft in writing and provide any required documentation. Microsoft will reasonably review requests under this paragrap d may approve the inclusion of an Affiliate in Customer's_ Enterprise in its sole discretion. a 1. Contact information. Each party will notify the other in writing if any of the information in the following con ormation page(s) changes. The asterisks (") indicate required fields. By providing contact information, Enrolled Affiliate consents to its use for purposes of administering this Enrollment by Microsoft, its Affiliates, and other parties that help administer this Enrollment. The personal information provided in connection with this Enrollment will be used and protected in accordance with the privacy statement available at hUs://www.microsoft.com/licensing/servicecenter. Primary contact. This contact is the primary contact for the nrollment from within Enrolled Affiliate's Enterprise. This contact is also an Online Admi for for the Volume Licensing Service Center and may grant online access to others. ry contact will be the default contact for all purposes unless separate contacts We ' ie for specific purposes Name of entity (must be legal entity name)* ` Contact name: First* Middle LA Contact email address* Street address* City* I�F State* Postal code* - (Please provide the zip + 4, e. -xxxx) Country* Phone* Tax ID * indicates required F1 EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 8 of 10 Document X20-10636 203 b. Notices contact and Online Administrator. This contact (1) receives the contractual notices, (2) is the Online Administrator for the Volume Licensing Service Center and may grant online access to others, and (3) is authorized to order Reserved Licenses for eligible Online Servies, including adding or reassigning Licenses and stepping -up prior to a true -up order. ❑ Same as primary contact (default if no information is provided below, even if the box is not checked). Contact name: First* Middle Last* Contact email address* Street address* City* State* Postal code* - (Please provide the zip + 4, e.g. xxxxx-xxxx) Country* Phone* Language preference. Choose the language for notices. English ❑ This contact is a third party (not the Enrolled Affiliate). Warning: This contact receives personally identifiable information of the Customer and its iliates. * indicates required fields' c. Online Services Manager. This contact is authorized64%w-Onli S ervices ordered under the Enrollment and (for applicable no. Serve or01 Licenses and step-up prior to a true -up order. °z .,- ❑ Same as notices contact and Onlin r (default if no information i vided below, even if box is not checkedt..Adw Contact name: First*r s. M Contact email address* a Phone* ❑ This contact is from a third p `: Thi>3':contact receives personally identifiable inform * indicates required fields d. Reseller information. Reseller contact for this Enrollment -4w. Reseller company name* Street address (PO boxes will not be accepted) City* State* Postal code* Country* Contact name* ` Phone* I Contact email address* * indicates required fields By signing below, the Reseller idena confirms that all information provided in this Enrollment is correct. 6, Q2 * indicates EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 9 of 10 Document X20-10636 204 Changing a Reseller. If Microsoft or the Reseller chooses to discontinue doing business with each other, Enrolled Affiliate must choose a replacement Reseller. If Enrolled Affiliate or the Reseller intends to terminate their relationship, the initiating party must notify Microsoft and the other party using a form provided by Microsoft at least 90 days prior to the date on which the change is to take effect. e. If Enrolled Affiliate requires a separate contact for any of the following, attach the Supplemental Contact Information form. Otherwise, the notices contact and Online Administrator remains the default. (i) Additional notices contact (ii) Software Assurance manager (iii) Subscriptions manager (iv) Customer Support Manager (CSM) contact 1. Financing elections. Is a purchase under this Enrollment being financed through MS Financing? ❑ Yes, ® No. If a purchase under this Enrollment is financed through MS Financing, and Enrolled Affiliate chooses not to finance any associated taxes, it must pay these taxes directly to Microso ,.. a. EA20241 EnrGov(US)SLG(ENG)(Oct2023) Page 10 of 10 Document X20-10636 205 �® Microsoft Enterprise and Enterprise Subscription Enrollment Product Selection Form Enrollment Number Microsoft to complete for ial teem. Reseller or Software Advisor to complete for renewal or with prior qualifying Enrollment/Agreement Step 1. Enter all fields in the table below (Required). Qualified Enterprise Profile Devices Qualified Users Product Licensing Model Platform i Microsoft 365 E3 Add-on Microsoft 365 E5 USL Microsoft 365 E5 Add-on Office Professional Plus/Microsoft 365 Apps for enterprise Office Professional Plus Device Profile Microsoft 365 Apps for enterprise Choose One Choose One -. Call Center) Office 365 Plan E5 USL Office 365 Plan E1 Add-on Office 365 Plan E3 Add-on Office 365 Plan E5 Add-on Step 2. Select the Products and Quantities Enrolled Affiliate is ordering on its initial Enrollment Order. Quantity may not include any Licenses which Enrolled Affiliate has selected for optional future use, or to which it is stepping -up within Enrollment term. Products Enterprise Device Profile Quantity (e.g. Call Center) Microsoft 365 Microsoft 365 E3 USL Microsoft 365 E3 Add-on Microsoft 365 E5 USL Microsoft 365 E5 Add-on Office Professional Plus/Microsoft 365 Apps for enterprise Office Professional Plus Microsoft 365 Apps for enterprise Office 365 Plans Office 365 Plan E1 USL Office 365 Plan E3 USL Office 365 Plan E5 USL Office 365 Plan E1 Add-on Office 365 Plan E3 Add-on Office 365 Plan E5 Add-on Office 365 Plan E3 without Apps for enterpri Add-on Client Access License CAL Choose Core CAL or Enterprise <Choose One> <Choose One> Core CAL or Enterprise C Bridge for Office 365 Bridge for Enter ris t Suite EA-EASProdSelForm(WW)(ENG)(Oct2023) Page 1 of 3 Document X20-12940 206 Products Enterprise Device Profile Quantity (e.g. Call Center) Windows Desktop Windows Enterprise E3 and LTSB Upgrade per Device Windows Enterprise E5 per Device SL Windows Enterprise E3 per User SL Windows Enterprise E3 per User Add-on SL Windows Enterprise E5 per User SL Windows Enterprise E5 per User Add-on SL Windows Enterprise E5 per Device Add-on SL Windows VDA Windows VDA per User SL Enterprise Mobility + Security Enterprise Mobility + Security E3 USL Enterprise Mobility + Security E3 Add-on Enterprise Mobility + Security E5 USL Enterprise Mobility + Security E5 Add-on Step 3. Establish the Enrolled Affiliate's price level. Unless otherwise indicated in the associated contract documents, the price level for each Product offering/pool is set based upon the quantity to price level mapping. DO NOT INCLUDE BRIDGE CALs OR, D-ONs. Windows Entise E3 and LT ProductOffering I Pool Price Level r : , Upgrade+ Windows { Enterprise E5 + Win Office Professional ` _ Client Accesd nt Access E3/E5 USL + Win Plus +Microsoft 365 License + offi& License + E3/E5 per Device + Enterprise Apps for enterprise 365 (Plans E1, Enterprise Mobility Windows VDA + Products + Office 365 (Plans E3, and E5) + and Security USL Windows Enterprise E3 and E5) + Microsoft 365 USL + Microsoft 365 E3 per User SL + Microsoft 365 USL USL Windows Enterprise t E5 per User SL + ° Windows VDA per User USL + Microsoft 365 USL Quantity 4 [ff ProductOffering I Pool Price Level Enterprise Products and Enterprise Onlin e e Ls: Unless otherwise indicated in associated contract doc n s, rice Level is set using the highest quantity from Groups 1 throw Additional Product Application Pool: 140totherwise indicated in associated contract documents, PriceLjv et using quantity from Group 1. Additional Product Server Pool: erwise indicated in associated contract documents, Price Level ' t g the highest quantity from Group 2 or 3. Additional Product Sy ms. Unless otherwise indicated in associated contract documents, PriceVvqjks set using quantity from Group 4. EA-EASProdSelForm(WW)(ENG)(Oct2023) Page 2 of 3 Document X20-12940 207 Quantity of Licenses and Software Assurance to Price Level Mapping: Notes: 1. Enterprise Online Services may not be available in all locations. Please see the Product Terms for a list of locations where these may be purchased. 2. If Enrolled Affiliate does not order an Enterprise Product or Enterprise Online Service associated with an applicable Product pool, the price level for Additional Products in the same pool will be price level "A" throughout the term of the Enrollment. 3. Unless otherwise indicated in the associated Agreement documents, the CAL selection must be the same across the Enterprise for each Profile. EA-EASProdSe[Form(WW)(ENG)(Oct2023) Page 3 of 3 Document X20-12940 208 Microsoft I Volume Licensing Supplemental Contact Information Form State and Local This form can be used in combination with Agreement and Enrol Iment/Registration. However, a separate form must be submitted for each Enrollment/Registration, when more than one is submitted on a signature form. For the purposes of this form, "Entity" can mean the signing Entity, Customer, Enrolled Affiliate, Government Partner, Institution, or other party entering into a Volume Licensing program agreement. Primary and Notices contacts in this form will not apply to Enrollments or Registrations. This form applies to: ❑ Agreement ❑ Enrollment/Affiliate Registration Form Insert primary entity name if more than one Enrollment/Registration Form is submitted Contact information. Each party will notify the other in writing if any of the information in the following contact information page(s) changes. The asterisks (*) indicate required fields; if the Entity chooses to designate other contact types, the same required fields must be completed for each section. By providing contact information, entity consents to its use for purposes of administering the Enrollment by Microsoft and other parties that help Micr soft admiister this Enrollment. The personal information provided in connection Alri with this a i all be reeme 9 �ed e pr and protected according to the statement availa at htt s:Hlicensin e s_. micmr. .., ti ._-. 1. Additional notices contact. This contact receives all notices that are sent from Microsoft. No onl access is granted to this individual. Name of Entity* , �.; .. Contact name*:.First Last Contact email* Street address* City* State* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the Entity). information of the Entity. 2. Software Assurance manager This contact will receive online permissions Enrollment or Registration. Is Name of Entity* Contact name*: First Contact email* Street address* City* State* Country* Phone* Fax SupContactlnfoForm(US)SLG(ENG)(Oct2010 ) the Software Assurance benefits under the Page 1 of 3 ❑ This contact is a third party (not the Entity). Warning: This contact receives personally identifiable information of the Entity. 3. Subscriptions manager. This contact will assign MSDN, Expression, and TechNet Plus subscription licenses to the individual subscribers under this Enrollment or Registration. Assignment of the subscription licenses is necessary for access to any of the online benefits, such as subscription downloads. This contact will also manage any complimentary or additional media purchases related to these subscriptions. Name of Entity* Contact name*: First Last Contact email* Street address* City* State* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the Entity). Warning: This contact receives personally identifiable information of the Entity. ,_ 4. Online Services manager. This contact will be provided online permissions Enrollment or Registration.». Name of Entity* Contact name*: Fi Contact email* Street address"' ilk City* State* ,j Pg9Wc Country* Phone* Fax ❑ This contact is a third party (not the Entity). ivies PIIY identifiable information of the Entity. f" 5. Customer Support Manager (CSM). This person is designated as the Customer Support Manager (CSM) for s port-,reiated activitie Name of Entity* Contact name*: First Last Contact email* Street address* ` City* State* Postal code* Country* Phone* Fax ❑ This contact is a third party (not the Entity). This contact receives personally identifiable information of the Entity. 6. Primary contact informs An individual from inside the organiza n serve as the primary contact. This contact receives online administrator permissions and ma ne access to others. This contact also receives all notices unless Microsoft is provided writte e a change. Name of Entity* V Contact name*: First SupContactlnfoForm(US)SLG(ENG)(Oct2010) Page 2 of 3 210 Contact email* Street address* City* State* Postal code* Country*: Phone* Fax 7. Notices contact and online administrator information: This individual receives online administrator permissions and may grant online access to others. This contact also receives all notices. ❑ Same as primary contact Name of Entity* Contact name*: First Last Contact email* Street address* City* State* Postal code* Country*: Phone* Fax ❑ This contact is a third party (not the Entity). Warning: This con ' eceives personally identifiable information of the Entity.. x -- Su pContactlnfoForm(US)SLG(ENG)(Oct2010 ) Page 3 of 3 211 This Qualifying Government Entity Addendum modifies the terms of the Select or Select Plus ("Agreement") or Enterprise or Enterprise Subscription Agreement ("Agreement") as follows: 1. The following definition is added: "Eligible Entity" means a public sector entity that meets the criteria set out at http://www.microsoft.com/licensing/contracts in the document entitled "Microsoft Government Eligibility Definition." 2. The definitions of "Customer" and "Affiliate" are amended as follows: When used in this Agreement or Enrollment, as applicable, "Customer" refers to the Eligible Entity that signs this Agreement/Enrollment with Microsoft, and the definition of "Affiliate", as set forth in the Master Agreement, is modified to include only Eligible Entities located in the same country as the Eligible Entity signing this Agreement/Enrollment, as applicable, with Microsoft. 3. The Minimum Order requirements section `� Agreement is amended as follows: Notwithstanding anything to the contrary in the Agreemenf, an Eligible Entity's Enterprise must have a minimum of 250 Qualified Users or Qualified Devices, acid its initial order must include at least 250 Licenses in a single Product pool for Enterprise Products or Enterprise Online Services. If no Enterprise Product is ordered, an Eligible Entity need only maintain at least 250 Subscription Licenses for Enterprise Online Services a -•r fi .49V,r _ 4. The following pricing provision is adde1d: Customer represents that Customer and Customer's Affiliates are Eligible Entities. As an Eligible Entity, Customer may recerice level D for all Products and gplS under this Agree ment/Enrollment, as. r . applicable. ,. t�a he following "Mid-term Cancellation fol' Non ppropriati4111111114 Funds" provision is added: , Termination of Enrollment — non -appropriation of funds S the provisions in the Section titled "Effect of termination or expiration," a Customer orrk lied Affiliate may terminate an Agreement or Enrollment without liability, penalty or further bl�ation to make payments if funds to make payments under the Agreement or Enrollment are opriated or allocated for such purpose. Effect of termination. Upon termination of any I n the Enrolled Affiliate must order Licenses for all copies of Products it or its Affiliates hav n s Enrollment for which the Enrolled Affiliate has not previously submitted an order. Excep s provided in the next paragraph, in the event of termination, all unpaid installments of the p hase ice for any Licenses will immediately become due and payable, and the Enrolled Affiliate will tied to perpetual Licenses only after all such payments have been made. [ /� Early termination. If Customer or EtroTNTAffiliate terminates an Enrollment for non -appropriation of funds, or Microsoft terminatesnt for non-payment due to non -appropriation of funds of Customer or Enrolled Affiliate, t s er or the Enrolled Affiliate will have the following options: a. It may immedia the total remaining amount due, including all installments, in which case the Enrolle iliate will have perpetual Licenses for all copies of the Products it has ordered, or QualifyingGovEntityAddendum(VVW)ExEMEA(ENG)(Oct2019) Page 1 of 2 Document X20-12104 212 b. It may pay only amounts due as of the termination date, in which case the Enrolled Affiliate will have perpetual Licenses for (1) all copies of all Products for which payment has been made in full, and (2) the number of copies of Products it has ordered (including the latest version of Products ordered under SA coverage in an initial or renewal term) for which payment has been made in installments that is proportional to the total of payments made versus total amounts due if the early termination had not occurred. 6. Where "Extended Term" is available for eligible Online Services, the following is added: Enrolled Affiliate will not automatically have an Extended Term. If Enrolled Affiliate wants an Extended Term, Enrolled Affiliate may submit a request to Microsoft. Microsoft must receive the request not less than 30 days prior to the Expiration Date. 7. The following provision is added: Natural Disaster. In the event of a natural disaster, Microsoft may provide additional assistance or rights by posting them on http://www.microsoft.com at such time. QualifyingGovEntityAddendum(vWJ)ExEMEA(ENG)(Ot2019) Page 2 of 2 Document X20-12104 213 ON Microsoft Program Signature Form MBA/MBSA number Agreement number Volume Licensing Proposal ID Note: Enter the applicable active numbers associated with the documents below. Microsoft requires the associated active number be indicated here, or listed below as new. For the purposes of this form, "Customer" can mean the signing entity, Enrolled Affiliate, Government Partner, Institution, or other party entering into a volume licensing program agreement. This signature form and all contract documents identified in the table below are entered into between the Customer and the Microsoft Affiliate signing, as of the effective date identified below. Contract Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose A reement> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code <Choose Enrollment/Re istration> Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code Document Description Document Number or Code By signing below, Customer and the Microsoft Affiliate agree that both rties (1) have received, read and understand the above contract documents, including any websit ocuments incorporated by reference and any amendments and (2) agree to be bound by theme all such documents. Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* �► Tax ID * indicates required field 9 ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 1 of 2 Document X20-12883 214 Microsoft Corporation Signature Printed First and Last Name Printed Title Signature Date (date Microsoft Affiliate countersigns) Agreement Effective Date (may be different than Microsoft's signature date) Optional 2nd Customer signature or Outsourcer signature (if applicable) Name of Entity (must be legal entity name)* Signature* Printed First and Last Name* Printed Title Signature Date* * indicates required Flom` Name of Entity (must be legal entity nam1 Signature* Printed First and Last Name* Printed Title - u Signature Date*' indicates required field' If Customer requires additional contacts or is reporting multiple Enrollments, include the appropriate form(s) with this signature form. After this signature form is signed by the Customer, send it a ntract Documents to Customer's channel partner or Microsoft account manager, who must u i em to the following address. When the signature form is fully executed by Microsoft, Custo eceive a confirmation copy. Microsoft Corporation Dept. 551, Volume Licensing 6880 Sierra Center Parkway Reno, Nevada 89511 w\*Aq USA ProgramSignForm(MSSign)(NA,LatAm)ExBRA,MLI(ENG)(May2020) Page 2 of 2 Document X20-12883 215 9a INDIAN RIVER COUNTY DEPARTMENT OF INFORMATION TECHNOLOGY DATE: October 24, 2024 TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Erik Harvey, Director of Information Technology SUBJECT: Government Channel 27/CableCast Live Streaming Service BACKGROUND Prior to 2022, the County provided a link to the 24/7 Comcast Ch 27 broadcast (IRC -TV) on the County website. In 2022 the hardware which published that webcast reached end -of -life and a decision was made to discontinue the webcast. The County currently has a cable government TV channel featuring live meetings, public service announcements, educational programming, and promotional content for County programs and events. Ch.27 is over a decade old, technology has improved from standard definition to high definition but sadly Ch.27 cannot follow. Connecting Our Community. Fewer and fewer people are subscribing to cable. Audiences still want content, but they are shifting from local cable to internet delivered services. Particularly for smart device users, mobile apps are where they view content. To serve our community, we need to reach them in all the places they are consuming content. Being on these streaming platforms means Indian River County can still reach our citizens, no matter where they are. The growing need to expand broadcast capabilities beyond cable television and expressed interest by Commissioner Earman and other staff to have the 24/7 broadcast available on the website, staff researched and found a solution to meet the need. How It Works. Visitors to our website will be provided a download link on our IRC -TV page that they can watch live broadcast or access our content through the Cablecast app, which provides a central directory of all community media 216 channels and automatically recommends the station located closest to the viewer when the app is first used. The App is FREE on all platforms. CURRENTLY SUPPORTED PLATFORMS • Apple TV • Roku • Amazon Fire TV • iOS • Android Reliability. The streaming service shifts the burden of broadcasting from the county's infrastructure to the cloud, increasing reliability and minimizing impact on our local network. The App is available from iM Solutions, with the professional services necessary for implementation covered under a City of Cocoa Beach contract. The total cost of the App and installation is below the bid threshold. The total cost of the new service is $16,944.53. FUNDING Funding, in the total amount of $16,944.53, will be appropriated via future budget amendment to the following accounts: Account Number Account Description Amount 50524113-035130 Information Technology Fund/Hardware $4,333.69 1 50524113-035120 Information Technology Fund/Software $4,776.84 50524113-033190 Information Technology Fund/Other Professional Services $7,834.00 Total $16,944.53 RECOMMENDATION Staff recommends that the Board approve the CableCast Live Streaming Service solution for future government broadcast communications. ATTACHMENT IM Solutions Quote - Job Number: 47292411 217 Comments / Conditions Pricing and labor rates per City of Cocoa contract# 20 -20 -IM Solutions IM Solutions, Inc. 2801 S. Harbor City Blvd., Melbourne, FL 32901 ��� Ph:321-722-3522, Fax:321-722-5822, http://im.Solutions/ OF 1 Current Date: Valid Through: 11/20/2024 12/20/2024 _164* Mlutions Technology ror Business Success Job Number: 47292411 MSRP System Designer: TJS Client: Indian River County Revision: R05 Project: Council Chamber Cablecast Live Streaming Upgrade Tax Rate: 0.0% Comments / Conditions Pricing and labor rates per City of Cocoa contract# 20 -20 -IM Solutions IM Solutions, Inc. 2801 S. Harbor City Blvd., Melbourne, FL 32901 ��� Ph:321-722-3522, Fax:321-722-5822, http://im.Solutions/ OF 1 MSRP BRAND DESCRIPTION PART# UNIT PRICE QTY MSRP DISCOUNT EXTENDED Single channel H.264 HLS adaptive bit -rate live streaming server in a 1 RU chassis, integrated into Cablecast's user interface and public web Cablecast interface. Resolution scales to 1080P. Stream is controllable through CBL -LIVE -705 $ 3,818.40 1 $ 4,300.00 11% $ 3,818.40 Cablecast and may be disabled on a per show basis. 3 year hardware warranty and system commissioning included. Cablecast 2 Additional years of Hardware Assurance covering the system for a CBL -LIVE -HA $ 302.82 2 $ 430.00 30% $ 605.64 total of 5 years. Annual support subscription per 1/0 (Input/Output). Same day email, Cablecast phone and remote login support. Includes all new software releases. CBL-GOLD-CH-IYR $ 354.00 2 $ 400.00 12 % $ 708.00 Also includes premium features only available with Gold or Platinum support. V1O4 = 4 1/0. VIO2, V10 Lite and VIO Stream = 2 1/0. Annual Cloud -based reflection service with cloudbased storage and Cablecast delivery operating in conjunction with both Cablecast Live and CBL-REFLECTPLUS $ 3,463.20 1 $ 3,900.00 11% $ 3,463.20 Cablecast VOD. Decimator Design SDI Cross Converter MD -HX $ 315.59 1 $ 359.00 12% $ 315.59 IMS Bulk and Patch Cables, Miscellaneous Hardware 1 $ 199.70 Shipping 1 $ 264.00 IMS Installation Labor $ 100.00 28 $ 2,800.00 IMS Programming Labor $ 130.00 14 $ 1,820.00 IMS Engineering Labor $ 130.00 10 $ 1,300.00 IMS Project Management $ 110.00 15 $ 1,650.00 Total Subtotal (Material and Labor) $ 16,680.53 Tax $ - Shipping Subtotal $ 264.00 Total $ 16,944.53 Comments / Conditions Pricing and labor rates per City of Cocoa contract# 20 -20 -IM Solutions IM Solutions, Inc. 2801 S. Harbor City Blvd., Melbourne, FL 32901 ��� Ph:321-722-3522, Fax:321-722-5822, http://im.Solutions/ OF 1 �p INDIAN RIVER COUNTY, FLORIDA BOARD MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Kylie Yanchula, Natural Resources Director THROUGH: Eric Charest, Assistant Director, Natural Resources Department SUBJECT: Florida Department of Environmental Protection Local Government Funding Request Grant 251R1, Indian River County's Sector 3 Hurricanes Ian and Nicole Dune Restoration Cost -Share Funding Assistance DATE: November 18, 2024 DESCRIPTION AND CONDITIONS The Florida Department of Environmental Protection (FDEP) received FY 2024/2025 funding to assist eligible governmental entities for beach erosion control activities under the Florida Beach Management Funding Assistance Program. The FDEP has allocated $3,774,503.51 under Local Government Funding Request (LGFR) Grant 251R1 as a cost share for construction and construction related monitoring expenses for Indian River County's Sector 3 Hurricanes Ian and Nicole Dune Restoration Project which completed construction in April of 2024. The attached agreement commits up to $3,774,503.51 in cost -share funding from FDEP to the County's local cost share of up to $3,774,503.51. Federal funding and existing FDEP LGFR 231R2 (Indian River County 2022 Hurricane Ian and Nicole Recovery Project) reimbursement funding for the project is estimated to be up to $9,524,024.00 (Federal Emergency Management Act (FEMA) and Florida Department of Emergency Management (FDEM) and FDEP LGFR Grant 231R2)), totaling up to $17,073,031.02 for construction and construction related monitoring expenses for the County's Sector 3 Hurricanes Ian and Nicole Dune Restoration Project. Cost -share is outlined in the table below. The agreement identifies Indian River County as the Local Sponsor, Natural Resources Assistant Director Eric Charest as the project manager, and has an expiration date of December 31, 2027. Following Board approval, the County will transmit the partially executed Agreement to the State for final signatures. Upon receipt of the fully executed original FDEP Grant Agreement 251111 from the State, staff will transmit to the Clerk to the Board of County Commissioners for filing. rnfi iIPCeI There is no additional funding required for this item, as it is just the acceptance of the grant. 219 Eligible DEP Cost FEMA and DEM Task # Share and LGFR 231R2 DEP Cost Share Local Cost Share Total project Task (/) Cost Share 1 Construction 50% $9,524,024.00 $3,774,503.51 $3,774,503.51 $17,073,031.02 rnfi iIPCeI There is no additional funding required for this item, as it is just the acceptance of the grant. 219 Page 2 Hurricanes Ian and Nicole Sector 3 FDEP Grant 251R1 December 3, 2024 BCC Agenda Item RECOMMENDATION Staff recommends the Board approve FDEP Grant Agreement No. 251111 for up to $3,774,503.51 and authorize the County Administrator to sign and execute the Agreement on behalf of the County and upon concurrence from the County Attorney. ATTACHMENTS 1. FDEP Grant Agreement 251111 2. Indian River County Grant Form No. 251R1 APPROVED AGENDA ITEM FOR: December 3, 2024 220 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: Indian River County Sector 3 Beach and Dune Nourishment Project (Wabasso) 25IR1 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: 1801 27th Street, Vero Beach, Florida 32960 59-6000674 (Grantee) 3. Agreement Begin Date: Date of Expiration: 7/1/2023 12/31/2027 4. Project Number: Project Location(s): (If different from Agreement Number) Indian River County Project Description: This project consists of construction. 5. Total Amount of Funding: $3,774,503.51 Funding Source? I Award #s or Line -Item Appropriations: Amount per Source(s): J State Federal IFY 24-25 GAA Line Item #1856 $ $ 3,774,503.51 State -Federal $ _ State L Federal $ L Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ $ 3,774,503.51 6. Department's Grant Manager Grantee's Grant Manager Name: Eric Massa Name: Eric Charest or successor or successor Address: Beach Management Funding Assistance 2600 Blair Stone Road, MS #3601 Tallahassee, Florida 32399 Phone: 850-245-7601 Address: Indian River County 27th Street Vero Beach, Florida 32960 Phone: 772-226-1569 Email: Eric.Massa@FloridaDEP.gov Email: echarest@ircgov.com 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby incomorated by reference: 0 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements 0 Attachment 2: Special Terms and Conditions 0 Attachment 3: Grant Work Plan 0 Attachment 4: Public Records Requirements 0 Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at htips:Hfacts.fldfs.com, in accordance with section 215.985, F.S. ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): 0 Exhibit A: Progress Report Form ❑ Exhibit B: Property Reporting Form 0 Exhibit C: Payment Request Summary Form ❑ Exhibit D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit F: Common Carver or Contracted Carrier Attestation Form PURI 808 (State) DEP Agreement No. 25IRI 2V ev. 1/31/24 ❑ Exhibit H: Non -Profit Organization Compensation Form (State) ❑ 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 I . 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 Name By (Authorized Signature) Print Name and Title of Person Signing GRANTEE Date Signed State of Florida Department of Environmental Protection DEPARTMENT M Secretary or Designee Date Signed Print Name and Title of Person Signing El Additional signatures attached on separate page. DEP Agreement No. 25IRI 2 v. 1/31/24 ORCP Additional Signatures DEP Grant Manager DEP QC Reviewer Local Sponsor may add additional signatures if needed below. 223 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 224 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 225 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.myLloridacfo.com/docs-sf/accounting-and-auditing libraries/state- aQencies/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: htips://floridalobs.org/communiiy_planning-and-development/rural-communiiy_prograrns/rural-areas-of- oopyortunity. 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 226 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 fust 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 Contingent. 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: hMs://www.myfloridacfo.com/division/aa/local-governments/j udgement-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. The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price Attachment 1 4of14 Rev. 8/16/2024 227 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 228 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 229 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 230 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 231 23. a. b. C. d. 24. 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. 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. Compliance with Federal, State and Local Laws. 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. 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. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. 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. 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 232 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 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 233 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: h!M:Hdos.myflorida.com/libLma-archives/records-mana eg ment/general-records-schedules. 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub-grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub-grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement. c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: haps:\\apps. fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. Attachment 1 11 of 14 Rev. 8/16/2024 234 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 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 235 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 236 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. 8/16/2024 237 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. 251111 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 the Indian River County Sector 3 Beach and Dune Nourishment Project (Wabasso). The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement is the same as the term 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 See Attachment 3, Grant Work Plan. 8. Insurance Requirements Reguired 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 Attachment 2 1 of 3 Rev. 3/11/24 238 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 Covera 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 Board of Trustees of the Internal Improvement Trust Fund must be listed as additional insured to general liability insurance required by the Agreement and, if the Grantee is a non-governmental entity, indemnified by the Grantee. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. Applicable to contracts with a common carrier — fumVperson/corporafion 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 908.11 l(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 transporting a person into this state knowing that the person unlawfully present in the United States Attachment 2 2of3 Rev. 3/11/24 239 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. 3/11/24 240 ATTACHMENT 3 GRANT WORK PLAN PROJECT TITLE: Indian River County Sector 3 Beach and Dune Nourishment Project (Wabasso) PROJECT LOCATION: The Project is located between Department of Environmental Protection (Department or DEP) reference monuments R20 and R55 along the Atlantic Ocean in Indian River County, Florida. PROJECT BACKGROUND: Sector 3 of the Indian River County Beach Preservation Plan consists of the nourishment and maintenance of approximately 6.6 miles of shoreline along the Atlantic Ocean between R20 and R55. The Project was first restored in 3 phases conducted from 2010 to 2012. Additional nourishments were completed in 2013, 2015, and 2022. The Project was impacted by Hurricanes Ian and Nicole in 2022, and the most -recent nourishment was completed in July 2024. The construction project placed approximately 275,000 cubic yards of beach -compatible sand fill and planted 728,633 native dune plants along the 6.6 miles of shoreline from R20 to R55 in Indian River County. The Department's designation of critically eroded shoreline ends at R51.3, so the shoreline outside of this area is not eligible for state cost share. The included funds are for the construction phase that occurred between Fall 2023 and Spring 2024, as well as the immediate post -construction monitoring. PROJECT DESCRIPTION: The Project consists of construction. PROJECT ELIGIBILITY: The Department has determined that 100 percent of the non-federal Project cost is eligible for state cost sharing. Therefore, the Department's financial obligation shall not exceed the sum of $3,774,503.51 for this Project or up to 50 percent of the non-federal Project cost, if applicable, for the specific eligible Project items listed, whichever is less. Any indicated federal cost sharing percentage is an estimate and shall not affect the cost sharing percentages of the non-federal share. The parties agree that eligibility for cost sharing purposes will be maintained pursuant to 62B-36, Florida Administrative Code (F.A.C.). The Local Sponsor will be responsible for auditing all travel reimbursement expenses based on the travel limits established in section 112.061, Florida Statute (F.S.). Pursuant to sections 161.091 - 161.161, F.S., the Department provides financial assistance to eligible governmental entities for beach erosion control and inlet management activities under the Florida Beach Management Funding Assistance Program. Pursuant to 62B -36.005(1)(d), F.A.C., the Local Sponsor has resolved to support and serve as local sponsor, has demonstrated a financial commitment, and has demonstrated the ability to perform the tasks associated with the beach erosion control project as described herein. The Project shall be conducted in accordance with the terms and conditions set forth under this Agreement, all applicable Department permits and the eligible Project task items established below. All data collection and processing, and the resulting product deliverables, shall comply with the standards and technical specifications contained in the Department's Monitoring Standards for Beach Erosion Control Projects (2014) and all associated state and federal permits, unless otherwise specified in the approved scope of work for an eligible Project item. The monitoring standards may be found at: httns:Hfloridadei). eov/sites/default/files/PhvsicalMonitoriniaStandards.D(If DEP Agreement No. 251R1, Attachment 3, Page 1 of 3 241 One (1) electronic copy of all written reports developed under this Agreement shall be forwarded to the Department, unless otherwise specified. Acronyms: DEP — Florida Department of Environmental Protection F.A.C. — Florida Administrative Code F.S. — Florida Statutes FWC — Florida Fish and Wildlife Conservation Commission TASKS and DELIVERABLES: The Local Sponsor will provide detailed scopes of work or a letter requesting advance payment if authorized by Attachment 2, for all tasks identified below, which shall include a narrative description of work to be completed, a corresponding cost estimate and a proposed schedule of completion for the proposed work and associated deliverables. Each scope of work shall be approved in writing by the DEP Project Manager to be included into this work plan for reimbursement. Task 1: Construction Task Description: This task includes work performed and costs incurred associated with the placement of fill material and/or the construction of erosion control structures within the Project area. Project costs associated with eligible beach and inlet construction activities include work approved through construction bids and/or construction -phase engineering and monitoring services contracts. Eligible costs may include mobilization, demobilization, construction observation or inspection services, physical and environmental surveys, beach fill, tilling and scarp removal, erosion control structures, mitigation reefs, dune stabilization measures and native beach -dune vegetation. Construction shall be conducted in accordance with any and all State or Federal permits. The Local Sponsor will submit work products to the appropriate State or Federal regulatory agencies as requested by the DEP Project Manager in order to be eligible for reimbursement under this task. Deliverable: Certification of Completion by a Florida -registered Professional Engineer with documentation of submittal to the Department affirming the construction task was completed in accordance with construction contract documents. For interim payment requests, a Task Summary Report signed by Local Sponsor must be submitted detailing activities completed during the payment request period. The Task Summary Report must include the dates and descriptions of all activities, surveys and reports completed or in progress during the time period of the interim payment request. Performance Standard: The DEP Project Manager will review the task deliverable and any associated work products as necessary to verify they meet the specifications in the Grant Work Plan and this task description. Payment Request Schedule: Payment requests may be submitted after the deliverable is received and accepted and may be submitted no more frequently than quarterly. DEP Agreement No. 25181, Attachment 3, Page 2 of 3 242 Estimated Eligible Project Cost PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task State Task Start Deliverable Due Federal Cost Budget Category Budget Amount Task # Eligible Project Tasks Estimated Share DEP Local Total Date Project Costs 1 Construction 1 Construction 50.00% $5,666,961.08 $3,774,503.51 $3,774,503.51 $13,215,968.10 $3,774,503.51 TOTAL PROJECT COSTS $5,666,961.08 $3,774,503.51 $3,774,503.51 $13,215,968.10 PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by, and all deliverables received by, the corresponding deliverable due date. Task Task Start Deliverable Due Task Title Budget Category Budget Amount No. Date Date 1 Construction Contractual Services $3,774,503.51 07/01/2023 09/30/2027 Total: $3,774,503.51 DEP Agreement No. 251&1, Attachment 3, Page 3 of 3 243 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 1ofl Rev. 4/8/2024 244 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 $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. 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 hiips://sam.gov/content/assistance-listings. Attachment 5 1 of 7 BGS -DEP 55-215 revised 11/8/2022 245 PART II: 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. 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). For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at httns://aos.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at h D://www.leg.state.fl.us/Welcome/index.cftn, State of Florida's website at htti)://www.myflorida.com/, Department of Financial Services' Website at hM://www.fldfs.com/and the Auditor General's Website at httt)://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 215.97(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 2 of 7 BGS -DEP 55-215 revised 11/8/2022 246 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/ 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. 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: FDEPSin leAudit(a,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 5 3 of 7 BGS -DEP 55-215 revised 11/8/2022 247 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 4of7 BGS -DEP 55-215 revised 11/8/2022 248 EXHIBIT —1 FUNDS AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Note: If the resources awarded to the recipient represent more than one federal program, provide the same information shown below for each federal program and show total federal resources awarded Federal Resources Awarded to the Reci ient Pursuant to this Agreement Consist of the Following: First Compliance requirement: i.e.: (what services of purposes resources must be used for) Federal Program CFDA AFederal Agency Number CFDA Title Funding Amount State Appropriation Category Federal Program First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources Etc. Federal Program CFDA B Federal Agency Number CFDA Title Funding Amount State Appropriation Category Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for each federal program in the same manner as shown below: Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.:(eligibility requirernent for recipients of the resources Etc. Federal Program First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (eligibility requirement for recipients of the resources Etc. Etc. Attachment 5, Exhibit 1 5 of 7 B(iS-DEP 55-215 Revised 7/2019 249 Note: If the resources awarded to the recipient for matching represent more than one federal program, provide the same information shown below for each federal program and show total state resources awarded for matching. State Resources Awarded to the Recipient Pursuant to this Agreement Consist of the Following Matching Resources for Federal Pro rams: Federal Program A Federal Agency CFDA State Appropriation CFDA Title Funding Amount Category CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Federal Program B Federal Agency CFDA State Appropriation CFDA Title Funding Amount Category 2024-2025 37.003 Beach Management Funding Assistance Program, GAA Line Item #1856 Land Acquisition Trust Fund 3,774,503.51 Note: If the resources awarded to the recipient represent more than one state project, provide the same information shown below for each state project and show total state financial assistance awarded that is suhiect to section 215.97. F S. State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Following Resources Subject to Section 215.97 F. State Program A State Awarding Agency State Fiscal Year' CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Original Florida Department of Environmental Protection 2024-2025 37.003 Beach Management Funding Assistance Program, GAA Line Item #1856 Land Acquisition Trust Fund 3,774,503.51 140126 State Program B State Awarding Agency State Fiscal Year' CSFA Number CSFA Title or Funding Source Description Funding Amount State Appropriation Category Total Award 1 $3,774,503.51 Note: List applicable compliance requirement in the same manner as illustrated above for federal resources. For matching resources provided by the Department for DEP for federal programs, the requirements might be similar to the requirements for the applicable federal programs. Also, to the extent that different requirements pertain to different amount for the non-federal resources, there may be more than one grouping (i.e. 1, 2, 3, etc) listed under this category. For each program identified above, the recipient shall comply with the program requirements described in the Catalog of Federal Domestic Assistance (CFDA) [hos://sam.gov/content/assistance-listings] and/or the Florida Catalog of State Financial Assistance (CSFA) [hnps://al)i)s.fldfs.com/fsaa/searcbCatalog.gWx], and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement[hns://aos.fldfs.com/fsaa/stateRroject compliance.asnxl. The Subject to change by Change Order. ' Subject to change by Change Order. Attachment 5, Exhibit 1 6of7 sas-ner 55-215 Aevi.d 7/2019 250 services/purposes for which the funds are to be used are included in the Agreement's Grant Work Plan. Any match required by the Recipient is clearly indicated in the Agreement. Attachment 5, Exhibit 1 7of7 RDs -DEP SS -215 Revised 72019 251 EXHIBIT A FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM QUARTERLY PROJECT PROGRESS REPORT Name of Project: Indian River County Sector 3 Beach and Dune Nourishment Project (Wabasso) Local Sponsor: Indian River county DEP Agreement Number: 25IR1 Report Year: Report Period (select one): ❑ Ql : Jan — Mar 31 F-� Q2: Apr — Jun 30 ❑ Q3: Jul — Sep 30 ❑ Q4: Oct — Dec 31 For each task, include the following information: Describe the work performed during the reporting period (including percent of task completed to date), problems encountered, problem resolutions, scheduled updates, and proposed work for the next reporting period. (Use additional pages, if needed). Task 1: Task 2: Task 3: Task 4: DEP Agreement No. 25181 Exhibit A, Page 1 of 1 252 EXHIBIT C FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART 1— PAYMENT SUMMARY Name of Project: Indian River County Sector 3 Beach and Dune Nourishment Project (Wabasso) Local Sponsor: Indian River County DEP Agreement Number: 25181 Remittance Mailing Address: Billing Number: Billing Type: ❑ Interim Billing Costs Incurred This Payment Request; Federal Share* State Share *if applicable, check box below: ❑ FEMA ❑ USACE Cost Summary: State Funds Obligated Less Advance Pay Less Previous Payment Less Previous Retained Less This Payment Less This Retainage State Funds Remaining ❑ Final Billing DEP Agreement No. 25181, Exhibit C, Page 1 of 6 Local Share Total Local Funds Obligated Less Advance Pay Less Previous Credits Less This Credit Local Funds Remaining Q 253 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART 2 — REIMBURSEMENT DETAIL DEP Agreement Number: 251RI Name of Project: Indian River County Sector 3 Beach Nourishment Project (Wabasso) Individual Completing Form (2): Billing Number: Phone Number (2): Billing Period (1): REIMBURSEMENT DETAIL Total Due to Local Sponsor Form Instructions: 1. Billing Period Period when services were conducted (beginning date: earliest date of services conducted; end date: latest date of services conducted). 2. Person responsible for completing this form: Name and phone number if contact is needed. 3. Task #/SOW #: Insert a Task #/SOW # for each invoice. If invoice covers multiple TasWSOW#, then that invoice should be listed multiple times, a lime item for each deliverable. 4. Invoice amount: Full amount of invoice. 5. Eligible Amount: Invoice amount paid by Local Sponsor less ineligible cost for line item deliverable only. 6. % Federal Share: If applicable, the federal cost share percentage listed in Agreement. 7. Federal Share of Eligible Amount: If applicable, Local Sponsor will multiply Eligible Amount (5) by % Federal Share (6). 8. Non -Federal Share: Eligible Amount (5) minus Federal Share of Eligible Amount (7). 9. % State Share: The state cost share percentage listed in Agreement. 10. State Share: Multiply Non -Federal Share (8) by % State Share (9). 11. Local Share: Subtract State Share (10) from Non -Federal Share (8). 12. Requested Retainage Payment. Requires separate line for each completed Task, Sub -Task and or Deliverable that retainage is being requested 13. Withheld Retainage: Multiply State Share (10) by 10%. 14. State Payment: Subtract Withheld Retainage (13) from State Share (10). 15. Total Due to Local Sponsor: Add Retainage Payment Total (12) to State Payment Total (14). Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. "For questions or concerns regarding this form please contact the BMFA Fiscal Administrator, Beaches FundineAFloridaDEP.gov DEP Agreement No. 251R1, Exhibit C, Page 2 of 6 254 ■_--_-__�-��. iii t t t iii t ti Total Due to Local Sponsor Form Instructions: 1. Billing Period Period when services were conducted (beginning date: earliest date of services conducted; end date: latest date of services conducted). 2. Person responsible for completing this form: Name and phone number if contact is needed. 3. Task #/SOW #: Insert a Task #/SOW # for each invoice. If invoice covers multiple TasWSOW#, then that invoice should be listed multiple times, a lime item for each deliverable. 4. Invoice amount: Full amount of invoice. 5. Eligible Amount: Invoice amount paid by Local Sponsor less ineligible cost for line item deliverable only. 6. % Federal Share: If applicable, the federal cost share percentage listed in Agreement. 7. Federal Share of Eligible Amount: If applicable, Local Sponsor will multiply Eligible Amount (5) by % Federal Share (6). 8. Non -Federal Share: Eligible Amount (5) minus Federal Share of Eligible Amount (7). 9. % State Share: The state cost share percentage listed in Agreement. 10. State Share: Multiply Non -Federal Share (8) by % State Share (9). 11. Local Share: Subtract State Share (10) from Non -Federal Share (8). 12. Requested Retainage Payment. Requires separate line for each completed Task, Sub -Task and or Deliverable that retainage is being requested 13. Withheld Retainage: Multiply State Share (10) by 10%. 14. State Payment: Subtract Withheld Retainage (13) from State Share (10). 15. Total Due to Local Sponsor: Add Retainage Payment Total (12) to State Payment Total (14). Please redact all sensitive financial information from the invoices and other supporting documentation to be submitted with this Payment Request Form. "For questions or concerns regarding this form please contact the BMFA Fiscal Administrator, Beaches FundineAFloridaDEP.gov DEP Agreement No. 251R1, Exhibit C, Page 2 of 6 254 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART 3 — INVOICE REPORT Name of Project: Indian River County Sector 3 Beach and Dune Nourishment Project (Wabasso) Local Sponsor: Indian River County DEP Agreement Number: 25181 Billing Number: Billing Period: (Describe progress accomplished during the billing period, including statement(s) regarding percent of task completed to date.). NOTE: Use as many pages as necessary to cover all tasks in the Grant Work Plan. The following format should be followed: Task 1: Progress for this invoice billing period: Identify any delays or problems encountered: DEP Agreement No. 25181, Exhibit C, Page 3 of 6 255 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART 4 — CERITIFICATION OF DISBURSEMENT REQUEST Name of Project: Indian River County Sector 3 Beach and Dune Nourishment Project (Wabasso) Local Sponsor: Indian River County DEP Agreement Number: 251R1 Billing Number: Certification: I certify that this billing is correct and is based upon actual obligations of record by the Local Sponsor; that payment from the State Government has not been received; that the work and/or services are in accordance with the Department of Environmental Protection, Beach Management Funding Assistance Program's approved Project Agreement including any amendments thereto; and that progress of the work and/or services are satisfactory and are consistent with the amount billed. The disbursement amount requested on Page 1 of this form is for allowable costs for the project described in the Attachment 3, Grant Work Plan. I certify that the purchases noted were used in accomplishing the project; and that invoices, check vouchers, copies of checks, and other purchasing documentation are maintained as required to support the cost reported above and are available for audit upon request. Name of Project Administrator Signature of Project Administrator Date Name of Project Financial Officer Signature of Project Financial Officer Date DEP Agreement No. 251R1, Exhibit C, Page 4 of 6 256 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART 5 — COMPLETION CERTIFICATION Name of Project: Indian River County Sector 3 Beach and Dune Nourishment Project (Wabasso) Local Sponsor: Indian River County DEP Agreement Number: 251RI Billing Number: Task Completion ❑ (List Tasks) Agreement Completion ❑Yes ❑No Certification: I hereby certify that the above-mentioned project task(s) has been completed in accordance with the Project Agreement, including any amendments thereto, between the DEPARTMENT and LOCAL SPONSOR, and all funds expended for the project were expended pursuant to this Agreement. All unused funds and interest accrued on any unused portion of advanced funds which have not been remitted to the DEPARTMENT, have been returned to the DEPARTMENT, or will be returned to the DEPARTMENT within sixty (60) days of the completion of construction portion of this PROJECT. Unused funds advanced to the United States Army Corps of Engineers through LOCAL SPONSORS will be due sixty (60) days after the final federal accounting has been completed. NOTE: Only submit Part 5 — Completion Certification if a Task, or the Project, is complete. Name of Project Manager Signature of Project Manager DEP Agreement No. 25181, Exhibit C, Page 5 of 6 Date 257 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA BEACH MANAGEMENT FUNDING ASSISTANCE PROGRAM REQUEST FOR PAYMENT PART 6 — ENGINEER'S CERTIFICATION OF PAYMENT REQUEST ONLY SUBMIT IF CONSTRUCTION IS PART OF THE REIMBURSEMENT REQUEST being the Professional Engineer retained by (name of Professional Engineer) and responsible for overseeing construction of the Project (name of Grantee) described in the Agreement and do hereby certify that for DEP Agreement No. and Payment Request No. 1. All permits and approvals required for the construction, which is underway, have been obtained. 2. Payment is in accordance with construction contract provisions. 3. Construction up to the point of this payment request is in compliance with the approved plans and permits. 4. Equipment, materials, labor, and services represented by the construction invoices have been satisfactorily purchased or received and applied to the project in accordance with construction contract documents filed with and previously approved by the Department of Environmental Protection. DEP Agreement No. 25181, Exhibit C, Page 6 of 6 Professional Engineer (Physical Signature Required) Firm or Affiliation (Date) (P.E. Number) 258 GRANT NAME: FDEP Indian River County Sector 3 Beach and Dune Nourishment Project (Wabasso) GRANT # 25IR1 AMOUNT OF GRANT: $3,774,503.51 DEPARTMENT RECEIVING GRANT: Natural Resources/Coastal Engineering CONTACT PERSON: Eric Charest TELEPHONE: ext. 1569 1. How long is the grant for? December 31, 2027 Expected Starting Date: July 1, 2023 YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? X 4. Percentage of match to grant 50.00 % 5. Grant match amount required $3,774,503.51 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? Local Funding was made available from the Sector 3 Beach Hurricanes Ian and Nicole Dune Restoration Proiect—Account Nos. 12814472-066514-22601 and 12814472-066514-23007 respectively. 7. Does the grant cover capital costs or start-up costs? 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? 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:::4 Total Costs 10. What is the estimated cost of the grant to the county over five years? $ 259 Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 259 I� Consent INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator THROUGH: Kylie Yanchula, Natural Resources Director FROM: Melissa Meisenburg, Sr. Lagoon Environmental Specialist SUBJECT: Agency Cost -Share Agreement between the Indian River Lagoon Council and Indian River County for the National Oceanic and Atmospheric Administration Transformational Habitat Restoration Grant DATE: November 20, 2024 DESCRIPTIONS AND CONDITIONS In 2022, the Indian River Lagoon National Estuary Program (IRLNEP) proposed to its partners the idea of working collaboratively to achieve wide -spread restoration in the Indian River Lagoon (IRL). As a member of the IRLNEP Management Conference, Indian River County (IRC) joined with nine other partners to develop a series of individual projects specific to the needs of each location. IRC Lagoon Division staff worked with Sea & Shoreline, LLC, a member of the IRLNEP's Seagrass Consortium, to identify two seagrass projects, Big Slough and Preachers Hole. The projects are designed to enhance and restore important seagrass communities near Sebastian Inlet and Pelican Island National Wildlife Refuge. These sites were identified based on their proximity to Sebastian Inlet, water quality, and shelter from wave energy. Both sites historically supported robust seagrass communities but suffered extensive losses after widespread algal blooms in 2016. Recovery in these sites is important forjuvenile sportfish, bait fish, green turtles, and manatees. Big Slough is a 12.8 -acre site slated to receive 64,000 planting units of Halodule wrightii (seagrass species shown to be present in this area of the IRL). Preachers Hole is a 10 -acre project site slated to receive 50,000 planting units of Halodule wrightii. The sites will receive regular maintenance and monitoring for two years post construction. The IRLNEP and partners worked collaboratively to apply for a National Oceanic and Atmospheric Administration (NOAA)Transformational Habitat Restoration Grant to provide the necessary funding for each of the proposed projects. In July 2024, NOAA recommended funding the collaborative community of practice established bythe IRLNEP by awarding $9.4 million over the next three years. The grant was accepted and executed by the IRLNEP on October 1, 2024. The grant will provide funding for a total of 15 projects spanning from Volusia County to Martin County, including IRC's Big Slough and Preachers Hole. The IRL Council, as the IRLNEP sponsor, has provided a cost -share agreement to IRC for 260 Page 2 IRLNEP Cost -Share Agreement December 3, 2024 BCC Meeting execution as a sub-awardee of the grant. The IRLNEP will manage the grant funds and provide quarterly reimbursement to the County for costs associated with the projects. Under this agreement, Sea & Shoreline, LLC will supply the necessary materials and staff for planting, maintenance, and monitoring of the two project sites. Sea & Shoreline is providing a match of $340,000 from the Florida Fish and Wildlife Foundation. IRC is contributing in-kind support through staff involvement in construction, maintenance, and monitoring. The total costforthe two IRC projects is $1,412,507.90 with $1,073,506 expected to be reimbursed to IRC. As Sea & Shoreline LLCs contribution to the project consists of the Florida Fish and Wildlife Foundation funds, after complete reimbursement to the County, IRC's ultimate costs will be the staff time necessary for planting, maintenance and monitoring of the 2 project sites. The Board adopted the Indian River County Lagoon Management Plan (October 2023), which provides specific action items concerning the restoration of seagrasses. The Ecosystems and Habitat Use Goal includes, "Identify and install seagrass beds in viable locations to initiate recovery." as an action item. Moreover, Table 7 includes designed projects to achieve Lagoon Management Plan goals and objectives, of which Big Slough and Preacher's Hole are both listed projects. FUNDING While IRC is responsible for paying Sea & Shoreline, LLC for the planting, maintenance, and monitoring of 22.8 acres of seagrass over the next three years, all funds expended will be reimbursed through this agreement. Should this sub-awardee grant be accepted by IRC, funding for this initiative would be made available in the Lagoon Division Budget, under General Fund/Lagoon/Other Professional Services (00128337-033190). RECOMMENDATION Staff respectfully requests the Board of County Commissioners authorize the County Administrator to execute the IRL Council Cost -Share Agreement on behalf of the County as a sub-awardee of the 2024 NOAA Transformational Habitat Restoration Grant upon concurrence by the County Attorney. ATTACHMENTS 1. IRL Council Cost -Share Agreement IRL2024N-08 2. Exhibit A-NOAA Notice of NOAA Award Cover Letter 3. Exhibit B- Administrative Report Forms 4. NOAA Expanded Project Narrative 5. IRC IRL2024N-08 Grant form 261 Contract# IRL2024N-08 Encumbrance# GLO1-2309 AGENCY COST -SHARE AGREEMENT BY AND BETWEEN THE IRL COUNCIL AND INDIAN RIVER COUNTY FOR THE TRANSFORMATIONAL HABITAT RESTORATION AT BIG SLOUGH AND PREACHERS HOLE THIS AGREEMENT ("Agreement") is entered into between the IRL COUNCIL ("Council"), whose address is 1235 Main Street, Sebastian, Florida 32958, and INDIAN RIVER COUNTY ("Recipient'), whose address is 180127' Street, Vero Beach, Florida 32960. All references to the parties hereto include the parties, their officers, employees, agents, successors, and assigns. The waters of the state of Florida are among its basic resources, and the Council has been authorized by the United States Environmental Protection Agency to be the local sponsor for the Indian River Lagoon National Estuary Program. Pursuant to the IRL Council Interlocal Agreement, the Council is responsible for managing the Indian River Lagoon National Estuary Program. The Council has determined that providing cost -share funding to Recipient for the purposes provided for herein will benefit the management of the water resources of the Indian River Lagoon. The parties have agreed to jointly fund the following project to benefit the water resources in accordance with the funding formula further described in the Statement of Work, Attachment A (hereafter "the Project"): Project description: The objective of this project is to restore 12.8 acres of seagrass at Big Slough and 10 acres of seagrass at Preachers Hole. In consideration of the above recitals, and the funding assistance described below, Recipient agrees to perform and complete the activities provided for in the Statement of Work, Attachment A. Recipient shall complete the Project in conformity with the contract documents and all attachments and other items incorporated by reference herein. This Agreement consists of all the following documents: (1) this Agreement; (2) Attachment A- Statement of Work; (3) Exhibit A - Department of Commerce (DOC) NOAA Notice of NOAA Award Cover Letter (` `NOAA Notice of Award') and all DOC and NOAA Standard Terms and Conditions and Specific Award Conditions referenced therein and otherwise applicable to the Project; (4) Exhibit B — NOAA Performance Progress Report (5) 2 C.F.R 200.327 and Appendix II (contract provisions); and (6) other attachments, if any. All such documents are hereby incorporated herein as if set forth in full. The parties hereby agree to the following terms and conditions. 1. TERM; WITHDRAWAL OF OFFER (a) The term of this Agreement is from the date upon which the last party has dated and executed the same ("Effective Date") until September 30, 2027 ("Completion Date"). Recipient shall not commence the Project until any required submittals are received and approved. Recipient shall commence performance on October 1, 2024 and shall complete performance in accordance with the time for completion stated in the Statement of Work. Time is of the essence for every aspect of this Agreement, including any time extensions. Notwithstanding specific mention that certain provisions survive termination or expiration of this Agreement, all provisions of this Agreement that by their nature extend beyond the Page 1 262 Contract# IRL2024N-08 Encumbrance# GLO1-2309 Completion Date survive termination or expiration hereof. (b) This Agreement constitutes an offer until authorized, signed and returned to the Council by Recipient. This offer terminates forty-five (45) days after receipt by Recipient; provided, however, that Recipient may submit a written request for extension of this time limit to the Council's Project Manager, stating the reason(s) therefor. The Project Manager shall notify Recipient in writing if an extension is granted or denied. If granted, this Agreement shall be deemed modified accordingly without any further action by the parties. 2. DELIVERABLES. Recipient shall fully implement the Project, as described in the Statement of Work, Attachment A. Recipient is responsible for the professional quality, technical accuracy, and timely completion of the Project. Both workmanship and materials shall be of good quality. Unless otherwise specifically provided for herein, Recipient shall provide and pay for all materials, labor, and other facilities and equipment necessary to complete the Project. The Council's Project Manager shall make a final acceptance inspection of the Project when completed and finished in all respects. Upon satisfactory completion of the Project, the Council will provide Recipient a written statement indicating that the Project has been completed in accordance with this Agreement. Acceptance of the final payment by Recipient shall constitute a release in full of all claims against the Council arising from or by reason of this Agreement. 3. OWNERSHIP OF DELIVERABLES. Unless otherwise provided herein, the Council does not assert an ownership interest in any of the deliverables under this Agreement. 4. AMOUNT OF FUNDING (a) Compensation. For satisfactory completion of the Project, the Council shall pay Recipient approximately seventy six percent (76%) of the total cost of the Project, but in no event shall the Council cost -share exceed $1,073,506. The Council cost -share is not subject to modification based upon price escalation in implementing the Project during the term of this Agreement. Recipient shall be responsible for payment of all costs necessary to ensure completion of the Project. Recipient shall notify the Council's Project Manager in writing upon receipt of any additional external funding for the Project not disclosed prior to execution of this Agreement. (b) In -Kind Services. Recipient agrees to provide $340,000 as match and $346,957 as leverage in the form of cash and/or in-kind services for the Project, as further described in the Statement of Work, which shall count toward Recipient's total cost -share obligation of $686,957. 5. PAYMENT OF INVOICES (a) Submission of Invoices. Within 30 days after the closing date of each calendar quarter (March 31, June 30, September 30 and December 31), Recipient shall submit one invoice upon successful completion of the Project by one of the following two methods: (1) by mail to the IRL Council, 1235 Main Street, Sebastian, Florida 32958, or (2) by e-mail to kolodnyAirlcouncil.org. The invoice shall be submitted in detail sufficient for proper pre - audit and post -audit review. It shall include a copy of contractor and supplier invoices to Recipient and proof of payment. For all approved expenses incurred on or after October 1, 2024, Recipient shall be reimbursed for approximately seventy six percent (76%) of approved costs or the not -to -exceed sum of $1,073,506, whichever is less. The Council shall not withhold any retainage from this reimbursement. If necessary, for audit purposes, Recipient shall provide additional supporting information as required to document invoices. Page 2 263 Contract# IRL2024N-08 Encumbrance# GLO1-2309 (b) End of Council Fiscal Year Reporting. The Council's fiscal year ends on September 30. Irrespective of the invoicing frequency, the Council is required to account for all encumbered funds at that time. When authorized under the Agreement, submittal of an invoice as of September 30 satisfies this requirement. The invoice shall be submitted no later than October 30. If the Agreement does not authorize submittal of an invoice as of September 30, Recipient shall submit, prior to October 30, a description of the additional work on the Project completed between the last invoice and September 30, and an estimate of the additional amount due as of September 30 for such Work. If there have been no prior invoices, Recipient shall submit a description ofthe work completed on the Project through September 30 and a statement estimating the dollar value of that work as of September 30. (c) Final Invoice. The final invoice must be submitted no later than 45 days after the Completion Date; provided, however, that when the Completion Date corresponds with the end of the Council's fiscal year (September 30), the final invoice must be submitted no later than 30 days after the Completion Date. Final invoices that are submitted after the requisite date shall be subject to a penalty of 10 percent of the invoice. This penalty may be waived by the Council, in its sole judgment and discretion, upon a showing of special circumstances that prevent the timely submittal of the final invoice. Recipient must request approval for delayed submittal of the final invoice not later than ten (10) days prior to the due date and state the basis for the delay. (d) Invoice Requirements. All invoices shall include the following information: (1) Council contract number; (2) Council encumbrance number; (3) Recipient's name and address (include remit address, if necessary); (4) Recipient's invoice number and date of invoice; (5) Council Project Manager; (6) Recipient's Project Manager; (7) supporting documentation as to cost and/or Project completion (as per the cost schedule and other requirements of the Statement of Work); (8) Progress Report (if required). Invoices that do not correspond with this paragraph shall be returned without action within twenty (20) business days of receipt, stating the basis for rejection. Payments shall be made within forty-five (45) days of receipt of an approved invoice. (e) Travel expenses. If the cost schedule for this Agreement includes a line item for travel expenses, travel expenses shall be drawn from the project budget and are not otherwise compensable. If travel expenses are not included in the cost schedule, they are a cost that is borne by Recipient. (f) Payments withheld. The Council may withhold or, on account of subsequently discovered evidence, nullify, in whole or in part, any payment to such an extent as may be necessary to protect the Council from loss as a result of (1) defective work not remedied; (2) failure to maintain adequate progress in the Project; (3) any other material breach of this Agreement. Amounts withheld shall not be considered due and shall not be paid until the ground(s) for withholding payment have been remedied. (g) Annual budgetary limitation. For multi -fiscal year agreements, the Council must budget the amount of funds that will be expended during each fiscal year as accurately as Page 3 264 Contract# IRL2024N-08 Encumbrance# GLO1-2309 possible. The Statement of Work, Attachment A, includes the parties' current schedule for completion of the Work and projection of expenditures on a fiscal year basis (October 1— September 30) ("Annual Spending Plan"). If Recipient anticipates that expenditures will exceed the budgeted amount during any fiscal year, Recipient shall promptly notify the Council's Project Manager and provide a proposed revised work schedule and Annual Spending Plan that provides for completion of the Work without increasing the Total Compensation. The last date for the Council to receive this request is August 1 of the then - current fiscal year. The Council may in its sole discretion prepare a Supplemental Instruction Form incorporating the revised work schedule and Annual Spending Plan during the then -current fiscal year or subsequent fiscal year(s). 6. PAYMENT AND RELEASE. Upon satisfactory completion of the Work, the IRL, Council will provide Recipient a written statement accepting all deliverables. Recipient's acceptance of final payment shall constitute a release in full of all Recipient claims against the IRL Council arising from the performance of this Agreement, with the exception of any pending claims for additional compensation that have been documented and filed as required by this Agreement. 7. LIABILITY AND INSURANCE. To the extent permitted by law, each party is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that party, its officers, and employees while acting within the scope of their employment. Nothing contained herein shall be construed or interpreted as denying to any party any remedy or defense available under the laws of the State of Florida, nor as consent by either party to be sued, nor as a waiver of sovereign immunity of the either party beyond the waiver provided for in Section 768.28, Fla. Stat., as amended. In any subcontract, Recipient shall require each subcontractor who performs work under this Agreement to indemnify and hold the Council, its officers, employees, and representatives, harmless from any liability or damages arising from that subcontractor's negligent or wrongful acts or omissions. Each party shall acquire and maintain throughout the term of this Agreement such liability, workers' compensation, and automobile insurance as required by their current rules and regulations, which may include participation in a self- insurance program. 8. FUNDING CONTINGENCY. This Agreement is at all times contingent upon funding availability, which may include a single source or multiple sources, including, but not limited to: (1) revenues appropriated by the Council's Board of Directors; (2) annual appropriations by the Florida Legislature, or (3) appropriations from other agencies or funding sources. Agreements that extend for a period of more than one Fiscal Year are subject to annual appropriation of funds in the sole discretion and judgment of the Council's Board of Directors for each succeeding Fiscal Year. Should the Project not be funded, in whole or in part, in the current Fiscal Year or succeeding Fiscal Years, the Council shall so notify Recipient, and this Agreement shall be deemed terminated for convenience five (5) days after receipt of such notice, or within such additional time as the Council may allow. For the purpose of this Agreement, "Fiscal Year" is defined as the period beginning on October 1 and ending on September 30. 9. PROJECT MANAGEMENT (a) The Project Managers listed below shall be responsible for overall coordination and management of the Project. Either party may change its Project Manager upon three (3) business days prior written notice to the other party. Written notice of change of address shall be provided within five (5) business days. All notices shall be in writing to the Project Managers at the addresses below and shall be sent by one of the following methods: (1) hand delivery; (2) U.S. certified mail; (3) national overnight courier; (4) e - Page 4 265 Contract# IRL2024N-08 Encumbrance# GLO1-2309 mail or (5) fax. Notices via certified mail are deemed delivered upon receipt. Notices via overnight courier are deemed delivered one (1) business day after having been deposited with the courier. Notices via e-mail or fax are deemed delivered on the date transmitted and received. COUNCIL Kevin Walker Project Manager IRL Council 1235 Main Street Sebastian, FL 32958 (352) 630-9449 E-mail: walker(a,irlcouncil.org RECIPIENT Melissa Meisenburg Sr. Lagoon Environmental Specialist IRC Parks and Conservation Resources, IR County 5500 7Th Street Vero Beach, FL 32967 (772) 559-5330 E-mail: mmeisenburg(a indianriver.gov (b) The Council's Project Manager shall have sole responsibility for transmitting instructions, receiving information, and communicating Council policies and decisions regarding all matters pertinent to performance of the Project. The Council's Project Manager may also issue a Council Supplemental Instruction (CSI) form, Attachment B, to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties must sign the CSI. A CSI may not be used to change the Total Compensation, quantity, quality, or the Completion Date of the Work, or to change or modify the Agreement. 10. PROGRESS REPORTS AND PERFORMANCE MONITORING (a) Progress Reports. Recipient shall provide to the Council Project update/status reports as provided in the Statement of Work. Reports will provide detail on progress of the Project and outline any potential issues affecting completion or the overall schedule. Reports may be submitted in any form agreed to by Council's Project Manager and Recipient, and may include emails, memos, and letters. (b) Performance Monitoring. For as long as the Project is operational, the Council shall have the right to inspect the operation of the Project during normal business hours upon reasonable prior notice. Recipient shall make available to the Council any data that is requested pertaining to performance of the Project. 11. AMENDMENTS. The parties may not amend this Agreement except in writing, signed by both parties' authorized officials. Modifications that alter, add to, or deduct from the Work, or otherwise modify the terms of this Agreement, shall be implemented through a change order or formal amendment, specifying the nature of the change and any associated change in the Total Compensation and/or Completion Date. The IRL Council's Project Manager may also issue an IRL Council Supplemental Instruction (CSI), Attachment B, form to authorize minor adjustments to the Work that are consistent with the purpose of the Work. Both parties' authorized officials must sign the CSI. A CSI may not be used to change the Total Compensation, quantity, quality, or the Completion Date of the Work, or to change or modify the Agreement. 12. TERMINATION. The IRL Council may terminate this Agreement without cause upon 10 days written notice. In such event Recipient shall be compensated for all Work performed in accordance with this Agreement to the effective date of termination. If Recipient materially fails to fulfill its obligations under this Agreement, including any specific milestones established herein, the Council Page 5 266 Contract# IRL2024N-08 Encumbrance# GLOl-2309 shall provide Recipient written notice of the deficiency by forwarding a Notice to Cure, citing the specific nature of the breach. Recipient shall have thirty (30) days to cure the breach. If Recipient fails to cure the breach within the thirty (30) day period, the Council shall issue a Termination for Default Notice, and this Agreement shall be terminated upon receipt of said notice. In such event, Recipient shall refund to the Council all funds provided to Recipient pursuant to this Agreement within thirty (30) days of such termination. The Council may also terminate this Agreement upon ten (10) days written notice in the event any of material misrepresentations in the Project Proposal. 13. ASSIGNMENT. Recipient shall not assign this Agreement, or any monies due hereunder, without the Council's prior written consent. Recipient is solely responsible for fulfilling all work elements in any contracts awarded by Recipient and payment of all monies due. No provision of this Agreement shall create a contractual relationship between the Council and any of Recipient's contractors or subcontractors. 14. AUDIT; ACCESS TO RECORDS; REPAYMENT OF FUNDS (a) Maintenance of Records. Recipient shall maintain its books and records such that receipt and expenditure of the funds provided hereunder are shown separately from other expenditures in a format that can be easily reviewed. Recipient shall keep the records of receipts and expenditures, copies of all reports submitted to the Council, and copies of all invoices and supporting documentation for at least five (5) years after expiration of this Agreement. In accordance with generally accepted governmental auditing standards, the Council shall have access to and the right to examine any directly pertinent books and other records involving transactions related to this Agreement. In the event of an audit, Recipient shall maintain all required records until the audit is completed and all questions are resolved. Recipient will provide proper facilities for access to and inspection of all required records. (b) Repayment of Funds. Council funding shall be subject to repayment after expiration of this Agreement if, upon audit examination, the Council finds any of the following: (1) Recipient has spent funds for purposes other than as provided for herein; (2) Recipient has failed to perform a continuing obligation of this Agreement; (3) Recipient has received duplicate funds from the Council for the same purpose; and/or (4) Recipient has received more than one hundred percent (100%) contributions through cumulative public agency cost -share funding. (c) Florida Inspectors General. It is the duty of every state officer, employee, agency, special district, board, commission, contractor, and subcontractor to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this section. 15. BUY AMERICA BUILD AMERICA. Funds provided under this agreement to the subrecipient may not be used for an infrastructure project unless: (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 Page 6 267 Contract# IRL2024N-08 Encumbrance# GLO1-2309 (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 that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and 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 construction materials standards are listed below. Incorporation into an infrastructure project. 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. Categorization of articles, materials, and supplies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated. Application of the Buy America Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified. Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions: (a) For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty-free entry certificate is issued); or (b) For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product. Construction material standards. The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered produced in the United States. Except as specifically provided, only a single standard should be applied to a single construction material. (a) Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States. (b) Plastic and polymer -based products. All manufacturing processes, from initial combination of constituent plastic or polymer -based inputs, or, where applicable, Page 7 268 Contract# IRL2024N-08 Encumbrance# GLOl-2309 constituent composite materials, until the item is in its final form, occurred in the United States. (c) Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States. (d) Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer -based products, or any others. (e) Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States. (f) Lumber. All manufacturing processes, from initial debarking through treatment and planning, occurred in the United States. (g) Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. (h) Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States. 16. CIVIL, RIGHTS. Pursuant to Chapter 760, Fla. Stat., Recipient shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, age, handicap, or marital status. 17. COMMUNICATION AND ACKNOWLEDGEMENT OF FUNDING: As a granting agency, the Council achieves its mission through partnerships with state agencies, local governments, community organizations, and others. The Council requires Recipient to acknowledge the Council when describing this project or program funded in whole or in part with Council funds in any of the following products: (1) press releases, speaking engagements, and other public statements; (2) publications and other documents; (3) websites; (4) visual presentations; (5) resource guides/toolkits; (6) bid solicitations and/or (7) social media. 18. DISPUTE RESOLUTION. Recipient is under a duty to seek clarification and resolution of any issue, discrepancy, or dispute involving performance of this Agreement by submitting a written statement to the Council's Project Manager no later than ten (10) business days after the precipitating event. If not resolved by the Project Manager, the Project Manager shall forward the request to the Council's General Counsel, which shall issue a written decision within ten (10) business days of receipt. This determination shall constitute final action of the Council and shall then be subject to judicial review upon completion of the Project. 19. DIVERSITY REPORTING. The Council is committed to the opportunity for diversity in the performance of all cost-sharing agreements and encourages Recipient to make a good faith effort to ensure that women and minority-owned business enterprises (W/MBE) are given the opportunity for maximum participation as contractors. The Council will assist Recipient by sharing information on W/MBEs. Recipient shall provide with each invoice a report describing: (1) the company names for all W/MBEs; (2) the type of minority, and (3) the amounts spent with each during the invoicing period. The report will also denote if there were no W/MBE expenditures. 20. ENTIRETY OF CONTRACTUAL AGREEMENT; AMENDMENT. The Council and the Recipient agree that this Agreement (including all referenced documents, exhibits, attachments, Page 8 269 Contract# IRL2024N-08 Encumbrance# GLO1-2309 etc.) sets forth the entire contract between the parties, and that there are no promises or understandings other than those stated in these documents. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, or otherwise altered, except by written instrument executed by the parties hereto. All attachments, exhibits, and other documents referenced herein are hereby incorporated herein as if set forth in full. 21. E -VERIFY. Pursuant to Section 448.095(5), Florida Statutes, the Recipient shall: (a) Register with and use the E -Verify system to verify the work authorization status of all new employees and require all subcontractors (providing services or receiving funding under this Agreement) to register with and use the E -Verify system to verify the work authorization status of all the subcontractors' new employees; (b) Secure an affidavit from all subcontractors (providing services or receiving funding under this Agreement) stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien; (c) Maintain copies of all subcontractor affidavits for the duration of this Agreement; (d) Comply fully, and ensure all of its subcontractors comply fully, with Section 448.095, Florida Statutes; (e) Be aware that a violation of Section 448.09, Florida Statutes (Unauthorized aliens; employment prohibited) shall be grounds for termination of this Agreement; and (f) Be aware that if the Council terminates this Agreement under Section 448.095(5)(c), Florida Statutes, the Recipient may not be awarded a public contract for at least 1 year after the date on which the Agreement is terminated and will be liable for any additional costs incurred by the Recipient as a result of the termination of the Agreement. 22. FEDERAL FUNDING REQUIREMENTS. This Agreement is funded, in whole or in part, with funds received by the Council from the National Oceanic and Atmospheric Administration Fisheries Habitat Conservation Program Office (CFDA No. 11.463), through opportunity number NOAA- NMFS-HCPO-2023-2008081. The amount of federal funds provided under this Agreement is $1,073,506. Recipient as a sub -grantee of these federal funds, shall comply with the provisions of Attachment "D," all terms and conditions referenced or set forth in Exhibit A (NOAA Notice of NOAA Award), NOAA Administrative Order (202-735D) "Scientific Integrity," its Procedural Handbook, including any amendments thereto, 2 C.F.R. § 200.327 and Appendix II (contract provision), and any other applicable grant requirement and federal law, rule, regulation, term, or condition. 23. GOVERNING LAW, VENUE, ATTORNEY'S FEES, WAIVER OF RIGHT TO JURY TRIAL; REMEDY. This Agreement shall be construed according to the laws of Florida and shall not be construed more strictly against one party than against the other because it may have been drafted by one of the parties. As used herein, "shall" is always mandatory. In the event of any legal proceedings arising from or related to this Agreement: (1) venue for any state or federal legal proceedings shall be in Indian River County; (2) each party shall bear its own attorney's fees, including appeals; (3) for civil proceedings, the parties hereby consent to trial by the court and WAIVE THE RIGHT TO JURY TRIAL; (4) no remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative Page 9 270 Contract# IRL2024N-08 Encumbrance# GLO1-2309 and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 24. INDEPENDENT ENTITIES. The parties to this Agreement, their employees, and agents, are independent entities and not employees or agents of each other. Nothing in this Agreement shall be interpreted to establish any relationship other than that of independent entities during and after the term of this Agreement. Recipient is not a contractor of the Council. The Council is providing cost - share funding as a cooperating governmental entity to assist Recipient in accomplishing the Project. Recipient is solely responsible for accomplishing the Project and directs the means and methods by which the Project is accomplished. Recipient is.solely responsible for compliance with all labor, health insurance, and tax laws pertaining to Recipient, its officers, agents, and employees. 25. INTEREST OF RECIPIENT. Recipient certifies that no officer, agent, or employee of the Council has any material interest, as defined in Chapter 112, Fla. Stat., either directly or indirectly, in the business of Recipient to be conducted hereby, and that no such person shall have any such interest at any time during the term of this Agreement. 26. NON -LOBBYING. Pursuant to Section 216.347, Fla. Stat., as amended, Recipient agrees that funds received from the Council under this Agreement shall not be used for the purpose of lobbying the Legislature or any other state agency. 27. PERMITS. Recipient shall comply with all applicable federal, state, and local laws and regulations in implementing the Project and shall include this requirement in all subcontracts pertaining to the Project. Recipient shall obtain any and all governmental permits necessary to implement the Project. Any activity not properly permitted prior to implementation or completed without proper permits does not comply with this Agreement and shall not be approved for cost- share funding. 28. 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 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 ($35,000) for a period of 36 months following the date of being placed on the convicted vendor list. 29. PUBLIC RECORDS. (a) Records of Recipient that are made or received in the course of performance of the Project may be public records that are subject to the requirements of chapter 119, Fla. Stat. If Recipient receives a public records request, Recipient shall promptly notify the Council's Project Manager. Each party reserves the right to cancel this Agreement for refusal by the other party to allow public access to all documents, papers, letters, or other material related hereto and subject to the provisions of chapter 119, Fla. Stat., as amended. Page 10 271 Contract# IRL2024N-08 Encumbrance# GLO1-2309 (b) IF RECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE RECIPIENTS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE COUNCIL'S CUSTODIAN OF PUBLIC RECORDS AT (772) 216-71489 KOLODNY(a,IRLCOUNCIL.ORG, 1235 MAIN STREET, SEBASTIAN, FLORIDA 32958. (c) Recipient shall keep and maintain public records required by the Council to perform the Project. (d) Upon request from the Council's custodian of public records, Recipient shall provide the Council with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law. (e) Recipient shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the Council. (f) Upon completion of the contract, Recipient may transfer, at no cost, to the Council all public records in possession of the Recipient or keep and maintain public records required by the Council to perform the service. If the Recipient transfers all public records to the Council upon completion of the contract, the Recipient shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Recipient keeps and maintains public records upon completion of the contract, the Recipient shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Council, upon request from the Council's custodian of public records, in a format that is compatible with the information technology systems of the Council. 30. SCRUTINIZED COMPANIES. Recipient certifies that its subcontractors are not on the Scrutinized Companies that Boycott Israel List and are not engaged a boycott of Israel. If this Agreement is for goods and services in the amount of $1 million or more, Recipient also certifies that its subcontractors are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List and do not have business operations in Cuba or Syria. Pursuant to section 287.135, Florida Statutes, the Council may immediately terminate this Agreement at its sole option if the Recipient or any of its subcontractors are found to have submitted a false certification; or if any of the Recipient's subcontractors, are placed on the Scrutinized Companies that Boycott Israel List or are engaged in a boycott of Israel, are placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in Iran Terrorism Sectors List, or have business operations in Cuba or Syria during the term of this Agreement. The Recipient agrees to observe the above requirements for applicable subcontracts entered into for the performance of work under this Agreement. The Recipient agrees that the certifications in this section shall be effective and relied upon by the Council for the term of this Agreement, including any and all renewals. The Recipient agrees that if any of its subcontractors' status changes in regards Page 11 272 Contract# IRL2024N-08 Encumbrance# GLO1-2309 to any certification herein, the Recipient shall immediately notify the Council of the same. As provided in Subsection 287.135(8), Florida Statutes, if federal law ceases to authorize any of the above -stated contracting prohibitions then the applicable prohibitions shall become inoperative. 31. ROYALTIES AND PATENTS. Recipient certifies that the Project does not, to the best of its information and belief, infringe on any patent rights. Recipient shall pay all royalties and patent and license fees necessary for performance of the Project and shall defend all suits or claims for infringement of any patent rights and save and hold the Council harmless from loss to the extent allowed by Florida law. 32. SEVERABILITY; SURVIVABILITY; WAIVER a. If any term or provision of the Agreement, or the application thereof to any person or circumstances shall, to any extent, be held invalid or unenforceable, to remainder of the Agreement, or the application of such terms 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 the Agreement shall be deemed valid and enforceable to the extent permitted by law. b. Any provision of the Agreement which is of a continuing nature or imposes an obligation which extends beyond the term of the Agreement shall survive its expiration or earlier termination. c. Failure of either party to enforce or exercise any right(s) under this Agreement shall not be deemed a waiver of either party's right to enforce or exercise said right(s) at any time thereafter. 33. SIGNAGE. The Recipient is responsible for constructing, erecting, and maintaining in good condition throughout the construction period a sign(s) satisfactory to NOAA that identifies the project(s) and indicates that the project is Federally funded by the Bi -Partisan Infrastructure Law, and/or the Inflation Reduction Act (IRA). NOAA may require that the recipient maintain a permanent plaque or sign at the project site with the same or similar information. The temporary and permanent proposed signage implementation plans must be submitted to and approved by NOAA prior to installation. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK. SIGNATURE PAGE FOLLOWS.] Page 12 273 Contract# IRL2024N-08 Encumbrance# GLO1-2309 IN WITNESS WHEREOF, the Parties have executed on the day and year written below. This Agreement may be executed in separate counterparts, which shall not affect its validity. IRL COUNCIL 11011-03YA i7\AMOUi ►1�11i� By: By: Duane E. De Freese, Ph.D., Executive Director Date: APPROVED BY THE IRL GENERAL COUNSEL Glen J. Torcivia, General Counsel ATTACHMENTS Date: Attest: Attachment A — Statement of Work Attachment B — Council Supplemental Instruction Form Attachment C — Volunteer Sign-up Sheet Attachment D — Terms and Conditions for Subawards Page 13 274 Contract# IRL2024N-08 Encumbrance# GLOl-2309 ATTACHMENT A — STATEMENT OF WORK I. PROJECT TITLE: Transformational Habitat Restoration at Big Slough and Preachers Hole II. INTRODUCTION/BACKGROUND: The Indian River County seagrass project is designed to restore and enhance important seagrass communities near the Sebastian Inlet and Pelican Island National Wildlife Refuge. The sites were identified based on its proximity to the Sebastian Inlet, water quality and shelter from wave energy. Both sites historically supported robust seagrass meadows but suffered extensive losses after widespread algal blooms in 2011 and 2016. The sites now have consistently sufficient water quality to support seagrass. Experts believe insufficient recruitment and the lack of a seed bank at the project sites is the primary driver for the lack of seagrass cover. This project will restore vital seagrass habitat lost at the two sites in proximity to Sebastian inlet that functions as an important estuary to ocean corridor. Water clarity is consistently conducive for seagrass survival at the sites. It is expected seeds and fragments generated from the project will accelerate recruitment in adjacent areas of the Indian River Lagoon (IRL). III. SITE PLANS AND DESIGNS: PARTNER ROLES, EXPERIENCE and Specific Design Considerations: Seagrass (SG) • Sea & Shoreline (S&S) will utilize proven seagrass restoration design and installation at both seagrass sites utilizing Halodule wrightii (e.g., density = planting units). • Indian River County (IRC) and Sea & Shoreline (S&S) will conduct initial assessments one-month post installation continuing to monitor per the approved NOAA monitoring plan. • Grow SAVTM' Herbivory Exclusion Devices will be placed temporarily for a period of 12 months on 10 -foot centers with 25 devices per acre. Image 1. GrowSAVTM Herbivory Exclusion Devices deployed on 15 -foot centers in a cluster of five marked with PVC poles. Page 14 275 Contract# IRL2024N-08 Encumbrance# GLO1-2309 Big Slough Restoration Site: Big Slough, Map site 7a (27.817980°, -80.432373°).) Sebastian Inlet. Primary contact: Melissa Meisenburg, Sr. Lagoon Environmental Specialist, IRC Parks and Conservation Resources, IR County, 5500 77th Street Vero Beach, FL 32967 mmeisenburgAindianriver.gov (772) 559-5330 Big Slough (Indian River County, FL) is located three miles south of Sebastian Inlet on the eastern side of the IRL surrounded by Melba Island and Pelican Island National Wildlife Refuge (figure 1). The site's proximity to the inlet allows for improved water flow and water quality needed for successful seagrass restoration projects. The natural islands adjacent to Big Slough shelter the site from wave energy, reducing sediment transport and ultimately improving seagrass establishment. Design: Indian River County will work with Sea & Shoreline to cultivate, plant and maintain 12.8 acres of seagrass within Big Slough (Figure 2). The seagrass utilized in the project is a pure strain cultivar of Halodule wrightii, originally collected from previous projects within the IRL. Seagrass will be harvested from an upland nursery and packaged into Mechanical Planting Units (MPU) and four -inch peat pots. MPUs are pre -rooted plants in biodegradable mesh containers containing 1-3 apical meristems and a proprietary blend of sediments promoting seagrass growth. Peat pots are larger planting units containing up to 25 shoots, pre -rooted in a 4"x4" biodegradable fabric pot. Sixty-four thousand MPUs will be installed on three-foot centers across the site. 1,600 peat pots will be installed in groups of five and planted below GrowSAVTm herbivory exclusion devices. GrowSAVTM herbivory exclusion devices will be deployed in clusters of five placed on 15 -foot centers for a total of 320 devices (Figure 3). The legs of the device bury in the sediment anchoring and keeping it flush with the seafloor to prevent entrapment. Each cluster will be staked with PVC pipe to mark its location. The exclusion devices will protect an area of seven -square feet preventing grazing from herbivores and allowing the establishment of the peat pots. Seagrass educational signage will be installed at the site to protect the newly installed MPUs and educate users. Maintenance: During GrowSAVTM deployment, monthly maintenance events will remove drift algae and biofouling organisms from the exclusion devices to ensure ample light penetration. GrowSAVTM Herbivory Exclusion Devices will be removed from the project site after twelve months. Page 15 276 Contract# IRL2024N-08 Encumbrance# GLO1-2309 2. Preachers Hole Restoration Site: Preachers Hole, Map site 7b (27.777054°, -80.424806°).) Sebastian Inlet. Primary contact: Melissa Meisenburg, Sr. Lagoon Environmental Specialist, IRC Parks and Conservation Resources, IR County, 5500 77th Street Vero Beach, FL 32967 mmeisenburg(u,indianriver.gov (772) 559-5330 Preachers Hole (Indian River County, FL) is located approximately four miles south of the Sebastian Inlet and a mile north of the Wabasso Causeway (Figure 5). It is located on the eastern side of the IRL. As the name suggests, the area is protected on all sides by a series of natural islands creating a cove. The natural islands adjacent to Preachers Hole restoration site shelter the site from wave energy, reducing sediment transport and will allow for seagrass establishment. Design: The Preachers Hole project provides seagrass restoration for a total of 20 acres (Figure 6). The Indian River County project will provide restoration for 10 acres within the site. Portions of the remaining 10 -acre restoration project is funded by the Florida Fish and Wildlife Foundation. Indian River County will work with Sea & Shoreline to cultivate, plant and maintain 10 out of the 20 acres of seagrass within Preachers Hole. The seagrass utilized in the project is a pure strain cultivar of Halodule wrightii, originally collected from previous projects within the IRL. Seagrass will be harvested from an upland nursery and packaged into Mechanical Planting Units (MPU) and four -inch peat pots. MPUs are pre -rooted plants in biodegradable mesh containers containing 1-3 apical meristems and a proprietary blend of sediments promoting seagrass growth. Peat pots are larger planting units that contain up to 25 shoots, pre -rooted in a 4"x4" biodegradable fabric pot. Fifty thousand MPUs will be installed on three-foot centers across the site 10 -acre project site. 1,250 peat pots will be installed in groups of five and planted below GrowSAVTM Page 16 277 ROJECT: Indwn River Lagoon Seagras Resturatm awe By: BK � ro}ect ` LgCatipn: pd By; 0.B p j 1 ,ndian River County, FL HiBiT NiStprit Seagrass Coverage Me, 06/30j2021, 1 RAYJN FOR: Permitting sheet 03 2. Preachers Hole Restoration Site: Preachers Hole, Map site 7b (27.777054°, -80.424806°).) Sebastian Inlet. Primary contact: Melissa Meisenburg, Sr. Lagoon Environmental Specialist, IRC Parks and Conservation Resources, IR County, 5500 77th Street Vero Beach, FL 32967 mmeisenburg(u,indianriver.gov (772) 559-5330 Preachers Hole (Indian River County, FL) is located approximately four miles south of the Sebastian Inlet and a mile north of the Wabasso Causeway (Figure 5). It is located on the eastern side of the IRL. As the name suggests, the area is protected on all sides by a series of natural islands creating a cove. The natural islands adjacent to Preachers Hole restoration site shelter the site from wave energy, reducing sediment transport and will allow for seagrass establishment. Design: The Preachers Hole project provides seagrass restoration for a total of 20 acres (Figure 6). The Indian River County project will provide restoration for 10 acres within the site. Portions of the remaining 10 -acre restoration project is funded by the Florida Fish and Wildlife Foundation. Indian River County will work with Sea & Shoreline to cultivate, plant and maintain 10 out of the 20 acres of seagrass within Preachers Hole. The seagrass utilized in the project is a pure strain cultivar of Halodule wrightii, originally collected from previous projects within the IRL. Seagrass will be harvested from an upland nursery and packaged into Mechanical Planting Units (MPU) and four -inch peat pots. MPUs are pre -rooted plants in biodegradable mesh containers containing 1-3 apical meristems and a proprietary blend of sediments promoting seagrass growth. Peat pots are larger planting units that contain up to 25 shoots, pre -rooted in a 4"x4" biodegradable fabric pot. Fifty thousand MPUs will be installed on three-foot centers across the site 10 -acre project site. 1,250 peat pots will be installed in groups of five and planted below GrowSAVTM Page 16 277 Contract# IRL2024N-08 Encumbrance# GLOl-2309 herbivory exclusion devices. GrowSAVTM herbivory exclusion devices will be deployed in clusters of five placed on 15 -foot centers for a total of 250 devices (Figure 3). The legs of the device bury in the sediment anchoring and keeping it flush with the seafloor to prevent entrapment. Each cluster will be staked with PVC pipe to mark its location. The exclusion devices will protect an area of seven -square feet preventing grazing from herbivores and allowing the establishment of the peat pots. Seagrass educational signage will be installed at the site to protect the newly installed MPUs and educate users. Maintenance: During GrowSAVTM deployment, monthly maintenance events will remove drift algae and biofouling organisms from the exclusion devices to ensure ample light penetration. GrowSAVTM Herbivory Exclusion Devices will be removed from the project site after twelve months. IV. TASK IDENTIFICATION: • Task 1. Permitting. Sea and Shoreline will acquire the appropriate permits to do the restoration. • Task 2. SAV Planting. Sea and Shoreline will plant 22.8 acres of seagrass across the 2 sites identified above. • Task 3. Maintenance. Recipient during GrowSAVTM deployment, will conduct monthly maintenance events to remove drift algae and biofouling organisms from the exclusion devices to ensure ample light penetration. GrowSAVTM Herbivory Exclusion Devices will be removed from the project site after twelve months. Page 17 278 Contract# IRL2024N-08 Encumbrance# GLO1-2309 • Task 4. Monitoring. Recipient will monitor seagrass within the project boundaries and elsewhere per the NOAA approved Monitoring Plan and NOAA approved Data Management and Sharing Plan (annually 2024-2027) • Task 5. Reporting. Recipient will prepare quarterly reports that include Council's Quarterly Report Summary Cover Page and will submit an annual Project Report upon completion of Tasks 1 - 4 above. V. DELIVERABLES AND TIMEFRAMES: • Task 1. Permitting. Deliverable: Copies of all permits for the project Due: With quarter report due on April 15, 2025. • Task 2. SAV Planting. Deliverable: Installation Report that includes photographs, sketches of sites, GPS coordinates of materials placed, and photos of any community members deploying restoration materials and volunteer logs. Due: With annual report due October 15, 2025. • Task 3. Maintenance. Deliverable: Biannual Maintenance Reports that include dates of field work, photographs of the work, and summary of activities per event. Due: With October or September Annual Reports and April Quarter Reports. • Task 4. Monitoring. Deliverables: Monitoring Data will be entered quarterly into the NOAA approved quarterly monitoring plan and data management sharing plan forms. Photographs of monitoring activities and volunteer logs. Due: With Quarterly Reports or Annual Reports on January 31, 2025; April 15, 2025; July 31, 2025, October 15, 2025, January 31, 2026; April 30, 2026; July 31, 2026, October 15, 2026, January 31, 2027; April 30, 2027; July 31, 2027, and September 30, 2027. • Task 5. Reporting. Deliverable 1: Quarterly Reports that include Council's quarterly report summary cover page. The Quarter Reports due on April 15 and Annual Reports due either in October or the end of September will follow the NOAA Progress reporting as shown in Exhibit B Due: January 31, 2025; April 15, 2025; July 31, 2025, January 31, 2026; April 15, 2026; July 31, 2026, January 31, 2027; April 15, 2027; July 31, 2027, Deliverable 2: Annual Project Reports summarizing all the prior task activities for each year Due: October 15, 2025; October 15, 2026; and September 30, 2027. Page 18 279 VI. BUDGET Contract# IRL2024N-08 Encumbrance# GLO1-2309 Budget Justification — [Indian River County, Melissa Meisenburg] TOTAL COST ALL YEARS: $1,073,506 YEAR 1 TOTAL COSTS: $595,690 SALARY ($0) None Total request: $0 FRINGE ($0) None TRAVEL ($0) None EQUIPMENT ($0) None SUPPLIES ($0) None CONTRACTUAL ($595,690) A Contractual agreement with Sea & Shoreline, LLC to cultivate, grow out, and plant 22.8 acres of seagrass across the 2 site locations. Herbivory exclusion devices will also be installed. Sea & shoreline was chosen for multiple reasons to head up this contract as a sole source. In 2019-2020 discussions between Indian River County and many seagrass providers in the state was that sea & shoreline was the only entity that could do a project of this scale. Indian River County was pursuing piggybacking on procurement that FWC had done that resulted in contract awards with Sea & Shoreline. In addition, Sea & shoreline had secured match funding from Florida Wildlife Foundation that was specific to the preacher's hole location. The contractual services for Year 1 cover the costs of permitting, the materials and labor needed to grow out seagrass planting units, the fabrication of herbivory exclusion devices, and the installation of seagrass and installation of the exclusion devices. Supplies required for plant grow out include the planting unit materials (peat pots, fill material, plumbing supplies, shade covering, etc.). Equipment needed for installation includes the use of vessels to access the planting sites, fuel & maintenance costs of those vessels, GPS units to capture plant and herbivory exclusion device location, and markers to avoid navigational issues. Plant grow out is estimated at $284,500 for 22.8 acres or 116,850 planting units. Herbivory excluder fabrication is estimated at $152,575 for 570 excluder devices. Installation expenses are estimated at $158,615. None OTHER COSTS ($0) Page 19 280 TOTAL DIRECT COSTS ($595,690) INDIRECT COSTS ($0) Waived YEAR 2 TOTAL COSTS: $354,524 SALARY ($0) None Total request: $0 FRINGE ($0) None TRAVEL ($0) None EQUIPMENT ($0) None SUPPLIES ($0) None Contract# IRL2024N-08 Encumbrance# GLO1-2309 CONTRACTUAL ($354,524) A Contractual agreement with Sea & Shoreline, LLC to monitor both locations and to do monthly maintenance on the herbivory exclusion devices. This cost includes contractor personnel salary and fringe along with travel costs to perform monthly maintenance, monitoring, and reporting at the 2 sites for a 12 -month period. None Waived OTHER COSTS ($0) TOTAL DIRECT COSTS ($354,524) INDIRECT COSTS ($0) Page 20 281 YEAR 3 TOTAL COSTS: $123,292 SALARY ($0) None FRINGE ($0) None TRAVEL ($0) None EQUIPMENT ($0) None SUPPLIES ($0) None Contract# IRL2024N-08 Encumbrance# GLO1-2309 CONTRACTUAL ($123,292) A Contractual agreement with Sea & Shoreline, LLC to continue monitoring of the sites and produce reporting. The contractual services for Year 3 cover the cost of monitoring that will occur once the maintenance portion of the project is complete. Costs cover the staff costs, travel, and equipment that is associated with these events. Equipment used for monitoring includes vessel use to access the project site, fuel and vessel maintenance costs, GPS units, and data collectors for scientific monitoring. None Waived OTHER COSTS ($0) TOTAL DIRECT COSTS ($123,292) INDIRECT COSTS ($0) Page 21 282 Contract# IRL2024N-08 Encumbrance# GLO1-2309 ATTACHMENT B — COUNCIL'S SUPPLEMENTAL INSTRUCTIONS (sample) COUNCIL SUPPLEMENTAL INSTRUCTIONS # DATE: Qel FROM: , Project Manager CONTRACT/PURCHASE ORDER NUMBER: CONTRACT TITLE: The Work shall be carried out in accordance with the following supplemental instruction issued in accordance with the Contract Documents without change in the Contract Sum or Contract Time. Prior to proceeding in accordance with these instructions, indicate your acceptance of these instructions for minor changes to the work as consistent with the Contract Documents and return to the Council's Project Manager. CONTRACTOR'S SUPPLEMENTAL INSTRUCTIONS: 2. DESCRIPTION OF WORK TO BE CHANGED: 3. DESCRIPTION OF SUPPLEMENTAL INSTRUCTION REQUIREMENTS: Contractor's approval: (choose one of the items below): Approved: Date: (It is agreed that these instructions shall not result in a change in the Total Compensation or the Completion Date.) Approved: Date: (Contractor agrees to implement the Supplemental Instructions as requested but reserves the right to seek a Change Order in accordance with the requirements of the Agreement.) Approved: Acknowledged: , Council Project Manager , Council Contracts Administrator cc: Contract/Purchasing file Page 22 Date: Date: 283 Contract# IRL2024N-08 Encumbrance# GLO1-2309 ATTACHMENT C INDIAN RIVER COUNTY Volunteer Sign-up and Release of Liability Form To be signed by all persons engaging in volunteer activities on the date of the activity Date: ; Project: By my signature below, I acknowledge I am over the age of 18, and acknowledge and agree to the following: (1) I certify that I have no medical conditions or restrictions that would prohibit me from acting as a volunteer. INDIAN RIVER COUNTY ("IRC") and the IRL Council ("COUNCIL") do not assume any responsibility for evaluating my medical condition or determining my fitness to perform volunteer activities. I must comply with all IRC and COUNCIL policies and regulations, including safety guidelines. (2) I am not a volunteer for the COUNCIL, and I am not an employee of IRC or the COUNCIL. At all times I am acting as an unpaid, independent volunteer, and as such, am not entitled to any provision of law regarding IRC or COUNCIL employment; nor any laws relating to hours of work, rates of compensation, leave time or employee benefits. (3) I recognize and understand that I am at all times responsible for my own safety and the safety of others, and that in performing volunteer activities I may encounter natural or other hazards. I assume the risk of any such hazards and recognize that I am responsible for staying alert as to potential hazards and taking appropriate steps, including discontinuing any activities that involve a risk of bodily harm. (4) I understand that I am volunteering for a project under the sole operation and control of the IRC. The Council is merely a funding entity and has no control over the conditions, tasks, or methods by which the volunteer activities are conducted. (4) I hereby hold and save IRC and the COUNCIL, its directors, officers, employees and representatives, harmless from, and agree to indemnify same against, any and all claims and losses that may be made by me or my heirs, spouse, or other persons, for personal injury, loss of life, or property damage that may result from my participation as a volunteer. This waiver and indemnity obligation include claims based upon my partial or sole negligence or that of IRC and COUNCIL. Page 23 284 (print name) Page 24 285 Contract# ML2024N-08 Encumbrance# GLO1-2309 IRC Volunteer Sign-up and Release of Liability Form —page two NAME ADDRESS HOURS DATE(S) (signature) (Address) (hours) (dates) (print name) (signature) (Address) (hours) (dates) (print name) (signature) (Address) (hours) (dates) (print name) (signature) (Address) (hours) (dates) (print name) (signature) (Address) (hours) (dates) (print name) (signature) (Address) (hours) (dates) (print name) (signature) (Address) (hours) (dates) (print name) (signature) (Address) (hours) (dates) (print name) (signature) (Address) (hours) (dates) (print name) Page 24 285 Contract# IRL2024N-08 Encumbrance# GLO1-2309 INDIANRIVER COUNTY Minor Volunteer Sign-up and Release of Liability Form To be signed by a parent/natural guardian whose minor child is engaging in volunteer activities on the date of the activity, excluding classroom volunteer activities Date: ; Project: READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF INDIAN RIVER COUNTY ("IRC") AND THE IRL COUNCIL ("COUNCIL") USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM IRC AND THE COUNCIL IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND IRC AND THE COUNCIL HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. Page 25 286 Contract# IRL2024N-08 Encumbrance# GLO1-2309 By my signature below, I, , parent and natural guardian of , acknowledge and agree to the following: (1) I certify that my child has no medical conditions or restrictions that would prohibit him/her from acting as a volunteer. IRC and the IRL Council ("COUNCIL") do not assume any responsibility for evaluating his/her medical condition or determining his/her fitness to perform volunteer activities. I understand my child is expected to comply with all IRC and COUNCIL policies and regulations, including safety guidelines. (2) I recognize that my child is not a volunteer for the COUNCIL and is not an employee of IRC or the COUNCIL. At all times he/she is acting as an unpaid, independent volunteer, and as such, is not entitled to any provision of law regarding IRC or COUNCIL employment; nor any laws relating to hours of work, rates of compensation, leave time or employee benefits. (3) I recognize and understand that my child is at all times responsible for his/her own safety and the safety of others, and that in performing volunteer activities he/she may encounter natural or other hazards. I understand that I assume the risk of any such hazards and recognize that my child is responsible for staying alert as to potential hazards and taking appropriate steps, including discontinuing any activities that involve a risk of bodily harm. (4) I am over the age of 18 and my child is under the age of 18. As parent/natural guardian of my child, I hereby knowingly, freely, and voluntarily forever remise, release, acquit, discharge and forever hold and save IRC and the COUNCIL, and each of their directors, officers, employees, agents, contractors and representatives, harmless from, and agree to indemnify same against, any and all claims and losses that may be made by me or my heirs, spouse, or other persons, from all manner of actions, causes of action, suits, debts, dues, sums of money, covenants, contracts, liability, judgments, executions, claims, costs, attorney's fees, demands, damages, and liabilities, whatsoever, in law, equity, or otherwise, including, but not limited to, personal injury, loss of life, or property damage that may result from my child's participation as a volunteer including, but not limited to, providing emergency services or emergency medical care. This waiver and indemnity obligation include claims based upon my partial or sole negligence or that of IRC and the COUNCIL. Nothing contained herein shall be construed or interpreted as a waiver of sovereign immunity of the State of Florida. Signature of Parent/Natural Guardian Page 26 287 Contract# IRL2024N-08 Encumbrance# GLO1-2309 ATTACHMENT - D TERMS AND CONDITIONS FOR SUBAWARDS Effective November 2020 1.Introduction This document sets out the standard terms and conditions (ST&Cs) applicable to this U.S. Department of Commerce (DOC or Commerce) financial assistance award (hereinafter referred to as the DOC ST&Cs or Standard Terms). A non -Federal entity receiving a DOC financial assistance award must, in addition to the assurances made as part of the application, comply and require each of its subrecipients, contractors, and subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders (E.O.$), Office of Management and Budget (OMB) circulars, provisions of the OMB Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (codified at 2 C.F.R. Part 200) (OMB Uniform Guidance), provisions of these Standard Terms, and any other terms and conditions incorporated into this DOC financial assistance award. This Agreement is a subaward as defined at 2 CFR 200.92. Pursuant to requirements of 2 CFR 200.331, Recipient acknowledges the following: Federal Award Identification: i. Recipient name: Indian River County ii. Recipient unique entity identifier (DUNS#): 079208989 iii. Federal subaward Identification Number (FAIL: NA24NMFX463CO051-T1-01 iv. Federal subaward Date of subaward to IRL Council ("Council") by the Federal agency: 8/20/2024 V. Subaward Period of Performance Start and End Date: 10/1/2024 thru 9/30/2027 vi. Amount of Federal Funds Obligated by this action by Council to Recipient: $1,073,506 vii. Total Amount of Federal Funds Obligated to Recipient by Council including the current obligation: $1,073,506 viii. Total Amount of the Federal subaward committed to the Recipient by Council: $1,073,506 ix. Federal subaward project description, as required to be responsive to the Federal Funding Accountability and Transparency Act (FFATA): System -wide Habitat Restoration Through an Integrated Community of Practice (CoP) for the Indian River Lagoon, FL X. Name of Federal sub -awarding agency, pass-through entity, and contact information for sub -awarding official of the pass-through entity: a. Name of Federal sub -awarding agency: Department of Commerce b. Pass-through entity: IRL Council c. Pass-through entity contact information: Daniel Kolodny, 1235 Main St., Sebastian, Fl, 32958, (772) 216-7148, kolodny(a)irlcouncil.org xi. CFDA Number, Name, and amount of Federal subaward (total subaward to Council): 11.463 Habitat Conservation $9,398,412 xii. Award is not R&D xiii. Council's indirect cost rate for the Federal subaward: 0% Recipient and any sub -recipient must comply with the applicable DOC general terms and conditions outlined below. Failure to comply with the general terms and conditions outlined below may result in enforcement actions as outlined in 2 CFR 200.338 and 200.339. Page 27 288 Contract# IRL2024N-08 Encumbrance# GLO1-2309 2.Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal subawards This subaward is subject to the requirements of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal subawards; Title 2 CFR Parts 200. A. PROGRAMMATIC REQUIREMENTS 1. Reporting Requirements a. Recipients must submit all reports as required by DOC, electronically or, if unable to submit electronically, in hard copy, as outlined below and as may be supplemented by the terms and conditions of a specific DOC award. b. Performance (Technical) Reports. Recipients must submit performance (technical) reports to the Program Officer. Performance (technical) reports should be submitted in the same frequency as the Form SF425 (Federal Financial Report), unless otherwise directed by the Council or DOC Grants Officer. 1. Performance (technical) reports must contain the information prescribed in 2 C.F.R. § 200.329 (Monitoring and reporting program performance), unless otherwise specified in the award conditions. 2. As appropriate and in accordance with the format provided by the Program Officer (or other OMB -approved information collections, including the Research Program Performance Report [RPPR] as adopted by DOC for use in research awards), recipients are required to relate financial data to the performance accomplishments of this Federal award. When applicable, recipients must also provide cost information to demonstrate cost effective practices (e.g., through unit cost data). The recipient's performance will be measured in a way that will help DOC to improve program outcomes, share lessons learned, and spread the adoption of best or promising practices. As described in 2 C.F.R. § 200.211 (Information contained in a Federal award), DOC will identify the timing and scope of expected performance by the recipient as related to the outcomes intended to be achieved by the Federal program. 3. Pass-through entities must submit a final performance report within 120 calendar days after the expiration of the period of performance. The subrecipient is required to submit its final performance report to the pass-through entity within 90 calendar days unless an extension has been granted. c. Financial Reports. In accordance with 2 C.F.R. § 200.328 (Financial reporting), the recipient must submit a Form SF -425 (Federal Financial Report) or any successor form on a semi-annual basis for the periods ending March 31 and September 30, or any portion thereof, unless otherwise specified in a specific award condition. Reports must be submitted to The Council who will submit to the DOC as directed by the Grants Officer, in accordance with the award conditions and are due no later than 30 calendar days following the end of each reporting period. Pass-through entities must submit a final Form SF -425 within 120 calendar days after the expiration of the period of performance. The subrecipient is required to submit its financial report to the pass-through entity within 90 calendar days unless an extension has been granted. A recipient may submit a final financial report in lieu of an interim financial report due at the end of the period of Page 28 289 Contract# IRL2024N-08 Encumbrance# GLO1-2309 performance (e.g., in lieu of submitting a financial report for the last semi-annual or other reporting under an award, a recipient may submit a final (cumulative) financial report covering the entire award period). d. Real Property, Tangible Personal Property and Intangible Property Reports and Requests for Dispositions. Unless otherwise required by the terms and conditions of a DOC financial assistance award, where real property, tangible personal property or intangible property is acquired or improved (in the case of real property or tangible personal property), or produced or acquired (in the case of intangible property), pursuant to a DOC award, non -Federal entities are required to submit the following real property, tangible personal property and intangible property reports (as appropriate): Real Property Status Reports and Requests for Dispositions: Non -Federal entities must submit reports using Form SF -429 (Real Property Status Report) or any successor form, including appropriate attachments thereto, at least annually disclosing the status of real property that is Federally -owned property or real property in which the Federal Government retains a Federal Interest, unless the Federal Interest in the real property extends 15 years or longer. In cases where the Federal Interest attached is for a period of 15 years or more, the DOC or pass-through entity, at its option, may require the non -Federal entity to report at various multi-year frequencies (e.g., every two years or every three years, not to exceed a five-year reporting period; or, the DOC or pass-through entity may require annual reporting for the first three years of a Federal award and thereafter require reporting every five years). In addition, DOC or a pass-through entity may require a non -Federal entity to submit Form SF -429, with appropriate attachments, relating to a non -Federal entity's request to acquire, improve or contribute real property under a DOC financial assistance award. Non -Federal entities wishing to dispose of real property acquired or improved, in whole or in part, pursuant to a DOC award must request disposition instructions, including the submission of Form SF -429, with appropriate attachments, from the Grants Officer in accordance with the requirements set forth in 2 C.F.R. § 200.311(c). See also the real property standards set forth in Section C. of these Standard Terms (Property Standards). Tangible Personal Property Status Reports and Requests for Dispositions: DOC or a pass-through entity may also require a non -Federal entity to submit periodic reports using Form SF -428 (Tangible Personal Property Report) or any successor form, including appropriate attachments thereto, concerning tangible personal property that is Federally -owned or tangible personal property in which the Federal Government retains an interest. In addition, DOC or a pass-through entity may require a non - Federal entity to submit Form SF -428 in connection with a non -Federal entity's request to dispose of tangible personal property acquired under a DOC financial assistance award. Non -Federal entities wishing to dispose of tangible personal property acquired or improved, in whole or in part, pursuant to a DOC award must request disposition instructions, including the submission of Form SF -428, with appropriate attachments, from the Grants Officer in accordance with the requirements set forth in 2 C.F.R. § 200.313(e). See also the tangible property standards set forth in Section C. of these Standard Terms (Property Standards). 3. Intangible Property Status Reports and Requests for Dispositions: The specific requirements governing the development, reporting, and disposition of rights to intangible property, including inventions and patents resulting from DOC awards, are set forth in 37 C.F.R. Part 401, which is hereby incorporated by reference into this Page 29 290 Contract# IRL2024N-08 Encumbrance# GLO1-2309 award. Non -Federal entities are required to submit their disclosures, elections, and requests for waiver from any requirement for substantial U.S. manufacture, electronically using the Interagency Edison extramural invention reporting system (iEdison) at www.iedison.gov. Non -Federal entities may obtain a waiver of this electronic submission requirement by providing to the Grants Officer compelling reasons for allowing the submission of paper reports. When no longer needed for the originally authorized purpose, disposition of the intangible property must occur in accordance with the provisions in 2 C.F.R. § 200.313(e). See also the intangible property standards set forth in Section C. of these Standard Terms (Property Standards). e. Subawards and Executive Compensation Reports. For reporting requirements on subawards and Executive Compensation, see paragraph G.05.o of these Standard Terms (The Federal Funding Accountability and Transparency Act (FFATA) (31 U.S.C. § 6101 note)). f. Recipient Integrity and Performance Matters. For reporting requirements pertaining to integrity and performance matters, see paragraph G.05.p of these Standard Terms (Recipient Integrity and Performance Matters (Appendix XII to 2 C.F.R. Part 200)). g. Research Performance Progress Reports. This section does not apply to this award. 2. Revisions of Program Plans In accordance with 2 C.F.R. § 200.308 (Revision of budget and program plans) and 2 C.F.R. § 200.407 (Prior written approval (prior approval)), the pass-through entity must obtain prior written approval from the DOC Grants Officer for certain proposed programmatic change requests, unless otherwise provided by the terms and conditions of a DOC award. Requests for prior approval for changes to program plans must be submitted to the Pass-through entity Project Manager. The pass-through entity will then send the request to the Federal Program Officer (or electronically for awards administered through Grants Online). Requests requiring prior DOC approval are not effective unless and until approved in writing by the DOC Grants Officer. 3. Other Federal Awards with Similar Programmatic Activities The subrecipient must immediately provide written notification to the pass-through entity Project Manager. The pass-through entity will then send the notification to the DOC Program Officer and the DOC Grants Officer if, subsequent to receipt of the DOC award, other financial assistance is received to support or fund any portion of the scope of work incorporated into the DOC award. DOC will not pay for costs that are funded by other sources. 4. Prohibition against Assignment by a Non -Federal Entity A non -Federal entity must not transfer, pledge, mortgage, assign, encumber or hypothecate a DOC financial assistance award or subaward, or any rights to, interests therein or claims arising thereunder, to any party or parties, including but not limited to banks, trust companies, other financing or financial institutions, or any other public or private organizations or individuals without the express prior written approval of the DOC Grants Officer or the pass- through entity (which, in turn, may need to obtain prior approval from the DOC Grants Officer). 5. Disclaimer Provisions a. The United States expressly disclaims all responsibility or liability to the non -Federal entity or third persons (including but not limited to contractors) for the actions of the non - Page 30 291 Contract# IRL2024N-08 Encumbrance# GLO1-2309 Federal entity or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any subaward, contract, or subcontract under this award. b. The acceptance of this award or any subaward by the non -Federal entity does not in any way constitute an agency relationship between the United States and the non -Federal entity or the non -Federal entity's contractors or subcontractors. 6. Unsatisfactory Performance or Non -Compliance with Award Provisions a. Failure to perform the work in accordance with the terms of the award and maintain satisfactory performance as determined by DOC may result in the imposition of additional award conditions pursuant to 2 C.F.R. § 200.208 (Specific conditions) or other appropriate enforcement action as specified in 2 C.F.R. § 200.339 (Remedies for noncompliance). b. Failure to comply with the provisions of an award will be considered grounds for appropriate enforcement action pursuant to 2 C.F.R. § 200.339 (Remedies for noncompliance), including but not limited to: the imposition of additional award conditions in accordance with 2 C.F.R. § 200.208 (Specific conditions); temporarily withholding award payments pending the correction of the deficiency; changing the payment method to reimbursement only; the disallowance of award costs and the establishment of an accounts receivable; wholly or partially suspending or terminating an award; initiating suspension or debarment proceedings in accordance with 2 C.F.R. Parts 180 and 1326; and such other remedies as may be legally available. c. 2 C.F.R. §§ 200.340 (Termination) through 200.343 (Effects of suspension and termination) apply to an award that is terminated prior to the end of the period of performance due to the non-federal entity's material failure to comply with the award terms and conditions. In addition, the failure to comply with the provisions of a DOC award may adversely impact the availability of funding under other active DOC or Federal awards and may also have a negative impact on a non -Federal entity's eligibility for future DOC or Federal awards. B. FINANCIAL REQUIREMENTS 1. Financial Management a. In accordance with 2 C.F.R. § 200.302(a) (Financial Management), each State must expend and account for the Federal award in accordance with State laws and procedures for expending and accounting for the State's own funds. In addition, the State's and any other non -Federal entity's financial management systems, including records documenting compliance with Federal statutes, regulations, and the terms and conditions of the Federal award, must be sufficient to permit the preparation of reports required by general and program -specific terms and conditions; and the tracing of funds to a level of expenditures adequate to establish that such funds have been used in accordance with Federal statutes, regulations, and the terms and conditions applicable to the Federal award. See also 2 C.F.R. § 200.450 (Lobbying) for additional management requirements to verify that Federal funds are not used for unallowable lobbying costs. b. The financial management system of each non -Federal entity must provide all information required by 2 C.F.R. § 200.302(b). See also 2 C.F.R. §§ 200.334 (Retention requirements for records); 200.335 (Requests for transfer of records); 200.336 (Methods for collection, transmission and storage of information); 200.337 (Access to records); and 200.338 (Restrictions on public access to records). 2. Award Payments a. Not applicable to subrecipients Page 31 292 Contract# IRL2024N-08 Encumbrance# GLO1-2309 3. Federal and Non -Federal Sharing a. Awards that include Federal and non -Federal sharing incorporate a budget consisting of shared allowable costs If actual allowable costs are less than the total approved budget, the Federal and non -Federal cost shares must be calculated by applying the approved Federal and non -Federal cost share ratios to actual allowable costs. If actual allowable costs exceed the total approved budget, the Federal share must not exceed the total Federal dollar amount authorized by the award. b. The non -Federal share, whether in cash or third -party in-kind contributions, is to be paid out at the same general rate as the Federal share. Exceptions to this requirement may be granted by the Grants Officer based on sufficient documentation demonstrating previously determined plans for, or later commitment of, cash or third -party in-kind contributions. In any case, the recipient must meet its cost share commitment as set forth in the terms and conditions of the award; failure to do so may result in the assignment of specific award conditions or other further action as specified in Standard Term A.06 (Unsatisfactory Performance or Non -Compliance with Award Provisions). The non - Federal entity must create and maintain sufficient records justifying all non -Federal sharing requirements to facilitate questions and audits; see Section D of these Standard Terms (Audits), for audit requirements. See 2 C.F.R. § 200.306 for additional requirements regarding cost sharing. 4. Budget Changes and Transfer of Funds among Categories a. Subrecipients are required to report deviations from the approved award budget and request prior written approval from the Council and DOC in accordance with 2 C.F.R. § 200.308 (Revision of budget and program plans) and 2 C.F.R. § 200.407 (Prior written approval (prior approval)). Requests for such budget changes must be submitted to the Grants Officer (or electronically for awards serviced through Grants Online) who will notify the recipient of the final determination in writing. Requests requiring prior DOC approval do not become effective unless and until approved in writing by the DOC Grants Officer. b. In accordance with 2 C.F.R. § 200.308(f), transfers of funds by the recipient among direct cost categories are permitted for awards in which the Federal share of the project is equal to or less than the simplified acquisition threshold. For awards in which the Federal share of the project exceeds the simplified acquisition threshold, transfers of funds among direct cost categories must be approved in writing by the Grants Officer when the cumulative amount of such direct costs transfers exceeds 10 percent of the total budget as last approved by the Grants Officer. The 10 percent threshold applies to the total Federal and non -Federal funds authorized by the Grants Officer at the time of the transfer request. This is the accumulated amount of Federal funding obligated to date by the Grants Officer along with any non -Federal share. The same requirements apply to the cumulative amount of transfer of funds among programs, functions, and activities. This transfer authority does not authorize the recipient to create new budget categories within an approved budget without Grants Officer approval. Any transfer that causes any Federal appropriation, or part thereof, to be used for an unauthorized purpose is not and will not be permitted. In addition, this provision does not prohibit the recipient from requesting Grants Officer approval for revisions to the budget. See 2 C.F.R. § 200.308 (Revision of budget and program plans) (as applicable) for specific requirements concerning budget revisions and transfer of funds between budget categories. 5. Program Income Unless otherwise indicated in the award terms, program income may be used for any required cost sharing or added to the project budget, consistent with 2 C.F.R. § 200.307 Page 32 293 Contract# I L2024N-08 Encumbrance# GLO1-2309 (Program income). 6. Indirect or Facilities and Administrative Costs There is no approved federally recognized indirect cost rate negotiated between the subrecipient and the Federal Government. 7. Incurring Costs or Obligating Federal Funds Before and After the Period of Performance a. In accordance with 2 C.F.R. § 200.309 (Modifications to Period of Performance) and the terms and conditions of a DOC award, a non -Federal entity may charge to the Federal award only allowable costs incurred during the period of performance, which is established in the award document. As defined at 2 C.F.R. § 200. 1, the "period of performance" means the total estimated time interval between the start of an initial Federal award and the planned end date, which may include one or more funded portions, or budget periods. Identification of the Period of Performance in the Federal award per § 200.211(b)(5) does not commit the awarding agency to fund the award beyond the currently approved budget period." The period of performance may sometimes be referred to as the project period or award period. This Standard Term is subject to exceptions for allowable costs pertaining to: (i) pre -award costs (see 2 C.F.R. § 200.458); (ii) publication and printing costs (see 2 C.F.R. § 200.461); and administrative costs incurred relating to the close-out of an award (see 2 C.F.R. § 200.344). b. Reasonable, necessary, allowable and allocable administrative award closeout costs are authorized for a period of up to 120 calendar days following the end of the period of performance. For this purpose, award closeout costs are those strictly associated with close-out activities and are typically limited to the preparation of final progress, financial, and required project audit reports, unless otherwise approved in writing by the Grants Officer. A non -Federal entity may request an extension of the 120 -day closeout period, as provided in 2 C.F.R. § 200.344 (Closeout). c. Unless authorized by a specific award condition, any extension of the period of performance may only be authorized by the Grants Officer in writing. This is not a delegable authority. Verbal or written assurances of funding from anyone other than the Grants Officer does not constitute authority to obligate funds for programmatic activities beyond the end of the period of performance. d. The DOC has no obligation to provide any additional prospective funding. Any amendment of the award to increase funding and to extend the period of performance is at the sole discretion of DOC. 8. Tax Refunds The non -Federal entity shall contact the Council Grants Officer immediately upon receipt of the refund of any taxes, including but not limited to Federal Insurance Contributions Act (FICA) taxes, Federal Unemployment Tax Act (FUTA) taxes, or Value Added Taxes (VAT) that were allowed as charges to a DOC award, regardless of whether such refunds are received by the non -Federal entity during or after the period of performance. The Grants Officer will provide written disposition instructions to the non -Federal entity, which may include the refunded taxes being credited to the award as either a cost reduction or a cash refund, or may allow the non -Federal entity to use such refunds for approved activities and costs under a DOC award. See 2 C.F.R. § 200.470 (Taxes (including Value Added Tax)). 9. Internal Controls Each recipient must comply with standards for internal controls described at 2 C.F.R. § 200.303 (Internal controls). The "Standards for Internal Control in the Federal Government" issued by the Comptroller General of the United States referenced in § 200.303 are available Page 33 294 Contract# IRL2024N-08 Encumbrance# GLO1-2309 online at http://www.gao.gov/assets/8on6455.pdf and the "Internal Control Integrated Framework" issued by the Committee of Sponsoring Organizations of the Treadway Commission (COSO) is available online at Internal Control Guidance. C. PROPERTY STANDARDS 1. Standards Each non -Federal entity must comply with the Property Standards set forth in 2 C.F.R. §§ 200.310 (Insurance coverage) through 200.316 (Property trust relationship). 2. Real and Personal Property a. In accordance with 2 C.F.R. § 200.316 (Property trust relationship), real property, equipment, and other personal property acquired or improved with a Federal award must be held in trust by the non -Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved. This trust relationship exists throughout the duration of the property's estimated useful life, as determined by the Grants Officer in consultation with the Program Office, during which time the Federal Government retains an undivided, equitable reversionary interest in the property (Federal Interest). During the duration of the Federal Interest, the non -Federal entity must comply with all use and disposition requirements and restrictions as set forth in 2 C.F.R. §§ 200.310 (Insurance coverage) through 200.316 (Property trust relationship), as applicable, and in the terms and conditions of the Federal award. b. The Grants Officer may require a non -Federal entity to execute and to record (as applicable) a statement of interest, financing statement (form UCC -1), lien, mortgage or other public notice of record to indicate that real or personal property acquired or improved in whole or in part with Federal funds is subject to the Federal Interest, and that certain use and disposition requirements apply to the property. The statement of interest, financing statement (Form UCC 1), lien, mortgage or other public notice must be acceptable in form and substance to the DOC and must be placed on record in accordance with applicable State and local law, with continuances re -filed as appropriate. In such cases, the Grants Officer may further require the non -Federal entity to provide the DOC with a written statement from a licensed attorney in the jurisdiction where the property is located, certifying that the Federal Interest has been protected, as required under the award and in accordance with applicable State and local law. The attorney's statement, along with a copy of the instrument reflecting the recordation of the Federal Interest, must be returned to the Grants Officer. Without releasing or excusing the non -Federal entity from these obligations, the non -Federal entity, by execution of the financial assistance award or by expending Federal financial assistance funds (in the case of a subrecipient), authorizes the Grants Officer and/or program office to file such notices and continuations as it determines to be necessary or convenient to disclose and protect the Federal Interest in the property. The Grants Officer may elect not to release any or a portion of the Federal award funds until the non -Federal entity has complied with this provision and any other applicable award terms or conditions, unless other arrangements satisfactory to the Grants Officer are made. 3. Intellectual Property Rights a. General. The rights to any work or other intangible property produced or acquired under a Federal award are determined by 2 C.F.R. § 200.315 (Intangible property). The non - Federal entity owns any work produced or purchased under a Federal award subject to the DOC's royalty -free, nonexclusive, and irrevocable right to obtain, reproduce, publish, or otherwise use the work or authorize others to receive, reproduce, publish, or otherwise use Page 34 295 Contract# IRL2024N-08 Encumbrance# GLO1-2309 the work for Government purposes. b. Inventions. Unless otherwise provided by law, the rights to any invention made by a non - Federal entity under a DOC financial assistance award are determined by the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and as codified in 35 U.S.C. § 200 et seq., and modified by E.O. 12591 (52 FR 13414), as amended by E.O. 12618 (52 FR 48661). 35 U.S.C. § 201(h) defines "small business firm" as "a small business concern as defined at section 2 of Public Law 85-536 (15 U.S.C. 632) and implementing regulations of the Administrator of the Small Business Administration." Section 1(b)(4) of E.O. 12591 extended the Bayh-Dole Act to non -Federal entities "regardless of size" to the extent permitted by law. The specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from Federal awards are described in more detail in 37 C.F.R. Part 401, which implements 35 U.S.C. 202 through 204 and includes standard patent rights clauses in 37 C.F.R. § 401.14, which is hereby incorporated by reference into this award. The Bayh-Dole regulations set forth in 37 C.F.R. parts 401 and 404 were amended by 83 FR 15954, with an effective date of May 14, 2018 (Amended Bayh-Dole Regulations). The Amended Bayh-Dole Regulations apply to all new financial assistance awards issued on or after May 14, 2018. The Amended Bayh-Dole Regulations do not apply to financial assistance awards issued prior to May 14, 2018, including amendments made to such awards, unless an award amendment includes a specific condition incorporating the Amended Bayh-Dole Regulations into the terms and conditions of the subject award. 1. Ownership. A non -Federal entity may have rights to inventions in accordance with 37 C.F.R. Part 401. These requirements are technical in nature and non -Federal entities are encouraged to consult with their Intellectual Property counsel to ensure the proper interpretation of and adherence to the ownership rules. Unresolved questions pertaining to a non -Federal entities' ownership rights may further be addressed to the Grants Officer. 2. Responsibilities - iEdison. The non -Federal entity must comply with all the requirements of the standard patent rights clause and 37 C.F.R. Part 401, including the standard patent rights clause in 37 C.F.R. § 401.14. Non -Federal entities are required to submit their disclosures, elections, and requests for waiver from any requirement for substantial U.S. manufacture, electronically using the Interagency Edison extramural invention reporting system (iEdison) at www.iedison.gov. Non -Federal entities may obtain a waiver of this electronic submission requirement by providing the Grants Officer with compelling reasons for allowing the submission of paper reports. c. Patent Notification Procedures. Pursuant to E.O. 12889 (58 FR 69681), the DOC is required to notify the owner of any valid patent covering technology whenever the DOC or a non -Federal entity, without making a patent search, knows (or has demonstrable reasonable grounds to know) that technology covered by a valid United States patent has been or will be used without a license from the owner. To ensure proper notification, if the non -Federal entity uses or has used patented technology under this award without a license or permission from the owner, the non -Federal entity must notify the Grants Officer. This notice does not constitute authorization or consent by the Government to any copyright or patent infringement occurring under the award. d. A non -Federal entity may copyright any work produced under a Federal award, subject to the DOC's royalty -free, non-exclusive, and irrevocable right to obtain, reproduce, publish, or otherwise use the work, or authorize others to do so for Government purposes. Works jointly authored by DOC and non -Federal entity employees may be copyrighted, but only the part of such works authored by the non -Federal entity is protectable in the United States because, under 17 U.S.C. § 105, copyright protection is not available within Page 35 296 Contract# IRL2024N-08 Encumbrance# GLO1-2309 the United States for any work of the United States Government. On occasion and as permitted under 17 U.S.C. § 105, DOC may require the non -Federal entity to transfer to DOC a copyright in a particular work for Government purposes or when DOC is undertaking primary dissemination of the work. e. Freedom of Information Act (FOIA). In response to a FOIA request for research data relating to published research findings (as defined by 2 C.F.R. § 200.315(e)(2)) produced under a Federal award that were used by the Federal government in developing an agency action that has the force and effect of law, the DOC will request, and the non -Federal entity must provide, within a reasonable time, the research data so that they can be made available to the public through the procedures established under the FOIA. D. AUDITS Under the Inspector General Act of 1978, as amended, 5 U.S.C. App. 3, §§ 1 et seq., an audit of the award may be conducted at any time. The Inspector General of the DOC, or any of his or her duly authorized representatives, must have the right to access any pertinent books, documents, papers, and records of the non -Federal entity, whether written, printed, recorded, produced, or reproduced by any electronic, mechanical, magnetic, or other process or medium, to make audits, inspections, excerpts, transcripts, or other examinations as authorized by law. This right also includes timely and reasonable access to the non -Federal entity's personnel for interview and discussion related to such documents. See 2 C.F.R. § 200.337 (Access to records). When the DOC Office of Inspector General (OIG) requires a program audit on a DOC award, the OIG will usually make the arrangements to audit the award, whether the audit is performed by OIG personnel, an independent accountant under contract with DOC, or any other Federal, State, or local audit entity. Organization -Wide, Program -Specific, and Project Audits a. A subrecipient must, within 60 days of the end of its fiscal year, notify the Council Grants Officer if the organization is subject to the provisions of Subpart F of 2 C.F.R. Part 200. b. Subrecipients that are subject to the provisions of Subpart F of 2 C.F.R. Part 200 and that expend $750,000 or more in a year in Federal awards during their fiscal year must have an audit conducted for that year in accordance with the requirements contained in Subpart F of 2 C.F.R. Part 200. 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, unless a different period is specified in a program -specific audit guide, a copy of the audit must be submitted electronically to the Federal Audit Clearinghouse (FAC) through the FAC's Internet Data Entry System (IDES) (https://harvester.census.gov/facides/). In accordance with 2 C.F.R. § 200.425 (Audit services), the subrecipient may include a line item in the budget for the allowable costs associated with the audit, which is subject to the approval of the Grants Officer. c. Unless otherwise specified in the terms and conditions of the award, entities that are not subject to Subpart F of 2 C.F.R. Part 200 (e.g., for-profit entities, foreign public entities and foreign organizations) and that expend $750,000 or more in DOC funds during their fiscal year (including both as a recipient and a subrecipient) must submit to the Grants Officer either: (i) a financial related audit of each DOC award or subaward in accordance with Generally Accepted Government Auditing Standards (GAGAS); or (ii) a project specific audit for each award or subaward in accordance with the requirements contained in 2 C.F.R. § 200.507. 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, unless a different period is specified in a program -specific audit guide, a copy of the audit must be submitted to the Grants Officer. In accordance with 2 C.F.R. § 200.425, the recipient may include a line item in the budget for the allowable costs associated with the audit, which is subject to the approval of the Grants Officer. Entities that are not subject to Subpart F of 2 C.F.R. Part Page 36 297 Contract# IRL2024N-08 Encumbrance# GLO1-2309 200 and that expend less than $750,000 in DOC funds in a given fiscal year are not required to submit an audit(s) for that year, but must make their award -related records available to DOC or other designated officials for review and audit. d. Pass-through entities are responsible for compliance with the above audit requirements and for informing the Grants Officer of the status of their audit, including when the relevant audit has been completed and submitted in accordance with the requirements of this section. Failure to provide audit reports within the timeframes specified above may result in appropriate enforcement action, up to and including termination of the award, and may jeopardize eligibility for receiving future DOC awards. e. In accordance with 2 C.F.R. § 200.332(d)(3), pass-through entities are responsible for issuing a management decision for applicable audit findings pertaining only to the Federal award provided by the pass-through entity to a subrecipient. E. DEBTS This section does not apply to subrecipients. F. CONFLICT OF INTEREST, CODE OF CONDUCT AND OTHER REQUIREMENTS PERTAINING TO DOC FINANCIAL ASSISTANCE AWARDS, INCLUDING SUBAWARD AND PROCUREMENT ACTIONS Conflict of Interest and Code of Conduct a. DOC Conflict of Interest Policy. In accordance with 2 C.F.R. § 200.112 (Conflict of interest), the non -Federal entity must disclose in writing any potential conflict of interest to the DOC or pass-through entity. In addition, a non -Federal entity will establish and maintain written standards of conduct that include safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain in the administration of an award. It is the DOC's policy to maintain the highest standards of conduct and to prevent real or apparent conflicts of interest in connection with DOC financial assistance awards. b. A conflict of interest generally exists when an interested party participates in a matter that has a direct and predictable effect on the interested party's personal or financial interests. A financial interest may include employment, stock ownership, a creditor or debtor relationship, or prospective employment with the organization selected or to be selected for a subaward. A conflict also may exist where there is an appearance that an interested party's objectivity in performing his or her responsibilities under the project is impaired. For example, an appearance of impairment of objectivity may result from an organizational conflict where, because of other activities or relationships with other persons or entities, an interested party is unable to render impartial assistance, services or advice to the recipient, a participant in the project or to the Federal Government. Additionally, a conflict of interest may result from non-financial gain to an interested party, such as benefit to reputation or prestige in a professional field. For purposes of the DOC Conflict of Interest Policy, an interested party includes, but is not necessarily limited to, any officer, employee or member of the board of directors or other governing board of a non -Federal entity, including any other parties that advise, approve, recommend, or otherwise participate in the business decisions of the recipient, such as agents, advisors, consultants, attorneys, accountants or shareholders. This also includes immediate family and other persons directly connected to the interested party by law or through a business arrangement. c. Procurement -related conflict of interest. In accordance with 2 C.F.R. § 200.318 (General procurement standards), non -Federal entities must maintain written standards of conduct covering conflicts of interest and governing the performance of their employees engaged Page 37 298 Contract# IRL2024N-08 Encumbrance# GLO1-2309 in the selection, award, and administration of contracts. See paragraph F.04 of these Standard Terms (Requirements for Procurements). 2. Non -procurement Debarment and Suspension Non -Federal entities must comply with the provisions of 2 C.F.R. Part 1326 (Non - procurement Debarment and Suspension), which generally prohibit entities that have been debarred, suspended, or voluntarily excluded from participating in Federal non -procurement transactions either through primary or lower tier covered transactions, and which set forth the responsibilities of recipients of Federal financial assistance regarding transactions with other persons, including subrecipients and contractors. 3. Requirements for Subawards a. The recipient or pass-through entity must require all subrecipients, including lower tier subrecipients, to comply with the terms and conditions of a DOC financial assistance award, including applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part 200), and all associated Terms and Conditions set forth herein. See 2 C.F.R. § 200.101(b)(2) (Applicability to different types of Federal awards), which describes the applicability of 2 C.F.R. Part 200 to various types of Federal awards and §§ 200.331-333 (Subrecipient monitoring and management). b. The recipient or pass-through entity may have more restrictive policies for the RTC waived prior approvals (no -cost extensions, re -budgeting, etc.) for their subaward recipients. Such restrictive policies must be addressed in their subaward agreements and in accordance with §200.331. 4. Requirements for Procurements a. States. Pursuant to 2 C.F.R. § 200.317 (Procurements by states), when procuring property and services under this Federal award, a State must follow the same policies and procedures it uses for procurements from its non -Federal funds. The State must comply with 2 C.F.R. §§ 200.321 (Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms), 200.322 (Domestic preferences for procurements), and 200.323 (Procurement of recovered materials), and ensure that every purchase order or other contract includes any clauses required by 2 C.F.R. § 200.327 (Contract provisions). b. Other Non -Federal Entities. All other non -Federal entities, including subrecipients of a State, must follow the procurement standards in 2 C.F.R. §§ 200.318 (General procurement standards) through 200.327 (Contract provisions) which include the requirement that non -Federal entities maintain written standards of conduct covering conflicts of interest and governing the performance of their employees engaged in the selection, award, and administration of contracts. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. 5. Whistleblower Protections This award is subject to the whistleblower protections afforded by 41 U.S.C. § 4712 (Enhancement of contractor protection from reprisal for disclosure of certain information), which generally provide that an employee or contractor (including subcontractors and personal services contractors) of a non -Federal entity may not be discharged, demoted, or otherwise discriminated against as a reprisal for disclosing to a person or body information that the employee reasonably believes is evidence of gross mismanagement of a Federal award, subaward, or a contract under a Federal award or subaward, a gross waste of Federal funds, an abuse of authority relating to a Federal award or subaward or contract under a Federal award or subaward, a substantial and specific danger to public health or safety, or a Page 38 299 Contract# IRL2024N-08 Encumbrance# GLO1-2309 violation of law, rule, or regulation related to a Federal award, subaward, or contract under a Federal award or subaward. These persons or bodies include: a. A Member of Congress or a representative of a committee of Congress. b. An Inspector General. c. The Government Accountability Office. d. A Federal employee responsible for contract or grant oversight or management at the relevant agency. e. An authorized official of the Department of Justice or other law enforcement agency. f. A court or grand jury. g. A management official or other employee of the contractor, subcontractor, or grantee who has the responsibility to investigate, discover, or address misconduct. Non -Federal entities and contractors under Federal awards and subawards must inform their employees in writing of the rights and remedies provided under 41 U.S.C. § 4712, in the predominant native language of the workforce. 6. Small Businesses, Minority Business Enterprises and Women's Business Enterprises In accordance with 2 C.F.R. § 200.321 (Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms), the recipient must take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. DOC encourages non -Federal entities to use small businesses, minority business enterprises and women's business enterprises in contracts under financial assistance awards. The Minority Business Development Agency within the DOC will assist non -Federal entities in matching qualified minority business enterprises with contract opportunities. For further information visit MBDA's website at httR://www.mbda.gov. If you do not have access to the Internet, you may contact MBDA via telephone or mail: U.S. Department of Commerce Minority Business Development Agency Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W. Washington, D.C. 20230 (202) 482-0101. G. NATIONAL POLICY REQUIREMENTS 1. United States Laws and Regulations This award is subject to the laws and regulations of the United States. The recipient must comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 2. Non -Discrimination Requirements No person in the United States may, on the ground of race, color, national origin, handicap, age, religion, or sex, be excluded from participation in, be denied the benefits of, or be subject to discrimination under, any program or activity receiving Federal financial assistance. The recipient agrees to comply with the non-discrimination requirements below: a. Statutory Provisions 1. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and DOC implementing regulations published at 15 C.F.R. Part 8 prohibiting discrimination on the grounds of race, color, or national origin under programs or activities receiving Federal financial assistance; 2. Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681 et seq.) prohibiting discrimination on the basis of sex under Federally assisted education programs or Page 39 300 Contract# IRL2024N-08 Encumbrance# GLOl-2309 activities; 3. The Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101 et seq.) prohibiting discrimination on the basis of disability under programs, activities, and services provided or made available by State and local governments or instrumentalities or agencies thereto, as well as public or private entities that provide public transportation; 4. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), and DOC implementing regulations published at 15 C.F.R. Part 8b prohibiting discrimination on the basis of handicap under any program or activity receiving or benefiting from Federal assistance. For purposes of complying with the accessibility standards set forth in 15 C.F.R. § 8b.18(c), non-federal entities must adhere to the regulations, published by the U.S. Department of Justice, implementing Title II of the Americans with Disabilities Act (ADA) (28 C.F.R. part 35; 75 FR 56164, as amended by 76 FR 13285) and Title III of the ADA (28 C.F.R. part 36; 75 FR 56164, as amended by 76 FR 13286). The revised regulations adopted new enforceable accessibility standards called the "2010 ADA Standards for Accessible Design" (20 10 Standards), which replace and supersede the former Uniform Federal Accessibility Standards for new construction and alteration projects; 5. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and DOC implementing regulations published at 15 C.F.R. Part 20 prohibiting discrimination on the basis of age in programs or activities receiving Federal financial assistance; and 6. Any other applicable non-discrimination law(s). b. Other Provisions 1. Parts II and III of E.O. 11246 (Equal Employment Opportunity, 30 FR 12319),3 which requires Federally assisted construction contracts to include the nondiscrimination provisions of §§ 202 and 203 of E.O. 11246 and Department of Labor regulations implementing E.O. 11246 (41 C.F.R. § 60-1.4(b)).3 as amended by E.O. 11375(32 FR 14303), E.O. 11478 (34 FR 12985), E.O. 12086 (43 FR 46501), E.O. 12107 (44 FR 1055), E.O. 13279 (F67 FR 77141), E.O. 13665 (79 FR 20749), and E.O. 13672 (79 FR 42971). 2. E.O. 13166 (65 FR 50121, Improving Access to Services for Persons with Limited English Proficiency), requiring Federal agencies to examine the services provided, identify any need for services to those with limited English proficiency (LEP), and develop and implement a system to provide those services so LEP persons can have meaningful access to them. The DOC issued policy guidance on March 24, 2003 (68 FR 14180) to articulate the Title VI prohibition against national origin discrimination affecting LEP persons and to help ensure that non -Federal entities provide meaningful access to their LEP applicants and beneficiaries. 3. In accordance with E.0 13798 and Office of Management and Budget, M-20-09 — Guidance Regarding Federal Grants, states or other public grantees may not condition sub -awards of Federal grant money in a manner that would disadvantage grant applicants based on their religious character. c. Title VII Exemption for Religious Organizations Generally, Title VII of the Civil Rights Act of 1964,42 U.S.C. §§ 2000e et seq., provides that it is an unlawful employment practice for an employer to discharge any individual or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, color, religion, sex, or national origin. However, Title VII, 42 U.S.C. § 2000e -1(a), expressly exempts Page 40 301 Contract# IRL2024N-08 Encumbrance# GLO1-2309 from the prohibition against discrimination based on religion, "a religious corporation, association, educational institution, or society with respect to the employment of individuals of a particular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities." 3. LOBBYING RESTRICTIONS a. Statutory Provisions Non -Federal entities must comply with 2 C.F.R. § 200.450 (Lobbying), which incorporates the provisions of 31 U.S.C. § 1352; and OMB guidance and notices on lobbying restrictions. In addition, non -Federal entities must comply with the DOC regulations published at 15 C.F.R. Part 28, which implement the New Restrictions on Lobbying. These provisions prohibit the use of Federal funds for lobbying the executive or legislative branches of the Federal Government in connection with the award and require the disclosure of the use of non -Federal funds for lobbying. Lobbying includes attempting to improperly influence, meaning any influence that induces or tends to induce a Federal employee or officer to give consideration or to act regarding a Federal award or regulatory matter on any basis other than the merits of the matter, either directly or indirectly. Costs incurred to improperly influence are unallowable. See 2 C.F.R. § 200.450(b) and (c). b. Disclosure of Lobbying Activities Any recipient that receives more than $100,000 in Federal funding and conducts lobbying with non-federal funds relating to a covered Federal action must submit a completed Form SF -LLL (Disclosure of Lobbying Activities). The Form SF -LLL must be submitted within 30 calendar days following the end of the calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed. The recipient must submit any required SF -LLL forms, including those received from subrecipients, contractors, and subcontractors, to the Grants Officer. 4. Environmental Requirements Environmental impacts must be considered by Federal decision makers in their decisions whether or not to approve: (1) a proposal for Federal assistance; (2) the proposal with mitigation; or (3) a different proposal having less adverse environmental impacts. Federal environmental laws require that the funding agency initiate an early planning process that considers potential impacts that projects funded with Federal assistance may have on the environment. Each non -Federal entity must comply with all environmental standards, to include those prescribed under the following statutes and E.O.s and must identify to the awarding agency any impact the award may have on the environment. In some cases, award funds can be withheld by the Grants Officer under a specific award condition requiring the non -Federal entity to submit additional environmental compliance information sufficient to enable the DOC to make an assessment on any impacts that a project may have on the environment. a. The National Environmental Policy Act (42 U.S.C. §§ 4321 et seq.) The National Environmental Policy Act (NEPA) and the Council on Environmental Quality (CEQ) implementing regulations (40 C.F.R. Parts 1500 through 1508) require that an environmental analysis be completed for all major Federal actions to determine whether they have significant impacts on the environment. NEPA applies to the actions of Federal agencies and may include a Federal agency's decision to fund non -Federal projects under grants and cooperative agreements when the award activities remain subject to Federal authority and control. Non -Federal entities are required to identify to Page 41 302 Contract# IRL2024N-08 Encumbrance# GLO1-2309 the awarding agency any direct, indirect or cumulative impact an award will have on the quality of the human environment and assist the agency in complying with NEPA. Non - Federal entities may also be requested to assist DOC in drafting an environmental assessment or environmental impact statement if DOC determines such documentation is required, but DOC remains responsible for the sufficiency and approval of the final documentation. Until the appropriate NEPA documentation is complete and in the event that any additional information is required during the period of performance to assess project environmental impacts, funds can be withheld by the Grants Officer under a specific award condition requiring the non -Federal entity to submit the appropriate environmental information and NEPA documentation sufficient to enable DOC to make an assessment on any impacts that a project may have on the environment. b. The National Historic Preservation Act (16 U.S.C. §§ 470 et seq.) Section 106 of the National Historic Preservation Act (NHPA) (16 U.S.C. § 470f) and the Advisory Council on Historic Preservation (ACHP) implementing regulations (36 C.F.R. Part 800) require that Federal agencies take into account the effects of their undertakings on historic properties and, when appropriate, provide the ACHP with a reasonable opportunity to comment. Historic properties include but are not necessarily limited to districts, buildings, structures, sites and objects. In this connection, archeological resources and sites that may be of traditional religious and cultural importance to Federally -recognized Indian Tribes, Alaskan Native Villages and Native Hawaiian Organizations may be considered historic properties. Non -Federal entities are required to identify to the awarding agency any effects the award may have on properties included on or eligible for inclusion on the National Register of Historic Places. Non -Federal entities may also be requested to assist DOC in consulting with State or Tribal Historic Preservation Officers, ACHPs or other applicable interested parties necessary to identify, assess, and resolve adverse effects to historic properties. Until such time as the appropriate NHPA consultations and documentation are complete and in the event that any additional information is required during the period of performance in order to assess project impacts on historic properties, funds can be withheld by the Grants Officer under a specific award condition requiring the non -Federal entity to submit any information sufficient to enable DOC to make the requisite assessment under the NHPA. Additionally, non -Federal entities are required to assist the DOC in assuring compliance with the Archeological and Historic Preservation Act of 1974 (54 U.S.C. § 312502 et seq., formerly 16 U.S.C. § 469a-1 et seq.); Executive Order 11593 (Protection and Enhancement of the Cultural Environment, May 13, 1971); Executive Order 13006 (Locating Federal Facilities on Historic Properties in Our Nation's Central Cities, May 21, 1996); and Executive Order 13007 (Indian Sacred Sites, May 24, 1996). c. Executive Order 11988 (Floodplain Management) and Executive Order 11990 (Protection of Wetlands) Non -Federal entities must identify proposed actions in Federally defined floodplains and wetlands to enable DOC to decide whether there is an alternative to minimize any potential harm. d. Clean Air Act (42 U.S.C. §§ 7401 et seq.), Federal Water Pollution Control Act (33 U.S.C. §§ 1251 et seq.) (Clean Water Act), and Executive Order 11738 ("Providing for administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal contracts, grants or loans") Non -Federal entities must comply with the provisions of the Clean Air Act (42 U.S.C. §§ 7401 et seq.), Clean Water Act (33 U.S.C. §§ 1251 et seq.), and E.O. 11738 (38 FR 25161), and must not use a facility on the Excluded Parties List (EPL) (located on the System for Award Management (SAM) website, SAM.gov) in performing any award that is nonexempt under 2 C.F.R. § 1532, and must notify the Program Officer in writing if it intends to use a facility that is on the EPL or knows that the facility has been Page 42 303 Contract# IRL2024N-08 Encumbrance# GLO1-2309 recommended to be placed on the EPL. e. The Flood Disaster Protection Act (42 U.S.C. §§ 4002 et seq.) Flood insurance, when available, is required for Federally assisted construction or acquisition in flood -prone areas. Per 2 C.F.R. § 200.447(a), the cost of required flood insurance is an allowable expense, if it is reflected in the approved project budget. f. The Endangered Species Act (16 U.S.C. §§ 1531 et seq.) Non -Federal entities must identify any impact or activities that may involve a threatened or endangered species. Federal agencies have the responsibility to ensure that no adverse effects to a protected species or habitat occur from actions under Federal assistance awards and conduct the reviews required under the Endangered Species Act, as applicable. g. The Coastal Zone Management Act (16 U.S.C. §§ 1451 et seq.) Funded projects must be consistent with a coastal State's approved management program for the coastal zone. h. The Coastal Barriers Resources Act (16 U.S.C. §§ 3501 et seq.) Only in certain circumstances can Federal funding be provided for actions within a Coastal Barrier System. i. The Wild and Scenic Rivers Act (16 U.S.C. §§ 1271 et seq.) This Act applies to awards that may affect existing or proposed components of the National Wild and Scenic Rivers system. j. The Safe Drinking Water Act of 1974, as amended, (42 U.S.C. §§ 300f et seq.) This Act precludes Federal assistance for any project that the EPA determines may contaminate a sole source aquifer which threatens public health. k. The Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.) This Act regulates the generation, transportation, treatment, and disposal of hazardous wastes, and provides that non -Federal entities give preference in their procurement programs to the purchase of recycled products pursuant to EPA guidelines. 1. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA, commonly known as Superfund) (42 U.S.C. §§ 9601 et seq.) and the Community Environmental Response Facilitation Act (42 U.S.C. § 9601 note et seq.) These requirements address responsibilities related to hazardous substance releases, threatened releases and environmental cleanup. There are also reporting and community involvement requirements designed to ensure disclosure of the release or disposal of regulated substances and cleanup of hazards to state and local emergency responders. m. Executive Order 12898 ("Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations") Federal agencies are required to identify and address the disproportionately high and adverse human health or environmental effects of Federal programs, policies, and activities on low income and minority populations. n. The Magnuson -Stevens Fishery Conservation and Management Act (16 U.S.C. § 1801 et seq.) Non -Federal entities must identify to DOC any effects the award may have on essential fish habitat (EFH). Federal agencies which fund, permit, or carry out activities that may adversely impact EFH are required to consult with the National Marine Fisheries Service (NMFS) regarding the potential effects of their actions and respond in writing to NMFS recommendations. These recommendations may include measures to avoid, minimize, mitigate, or otherwise offset adverse effects on EFH. In addition, NMFS is required to comment on any state agency activities that would impact EFH. Provided the specifications outlined in the regulations are met, EFH consultations will be incorporated into interagency procedures previously established under NEPA, the ESA, Clean Water Act, Fish and Wildlife Coordination Act, or other applicable statutes. o. Clean Water Act (CWA) Section 404 (33 U.S.C. § 1344) Page 43 304 Contract# IRL2024N-08 Encumbrance# GLOl-2309 CWA Section 404 regulates the discharge of dredged or fill material into waters of the United States, including wetlands. Activities in waters of the United States regulated under this program include fill for development, water resource projects (such as levees and some coastal restoration activities), and infrastructure development (such as highways and airports). CWA Section 404 requires a permit from the U.S. Army Corps of Engineers before dredged or fill material may be discharged into waters of the United States, unless the activity is exempt from Section 404 regulation (e.g., certain farming and forestry activities). p. Rivers and Harbors Act (33 U.S.C. § 407) A permit may be required from the U.S. Army Corps of Engineers if the proposed activity involves any work in, over or under navigable waters of the United States. Recipients must identify any work (including structures) that will occur in, over or under navigable waters of the United States and obtain the appropriate permit, if applicable. q. The Migratory Bird Treaty Act (16 U.S.C. §§ 703-712), Bald and Golden Eagle Protection Act (16 U.S.C. § 668 et seq.), and Executive Order 13186 (Responsibilities of Federal Agencies to Protect Migratory Birds, January 10, 2001) Many prohibitions and limitations apply to projects that adversely impact migratory birds and bald and golden eagles. Executive Order 13186 directs Federal agencies to enter a Memorandum of Understanding with the U.S. Fish and Wildlife Service to promote conservation of migratory bird populations when a Federal action will have a measurable negative impact on migratory birds. r. Executive Order 13112 (Invasive Species, February 3, 1999) Federal agencies must identify actions that may affect the status of invasive species and use relevant programs and authorities to: (i) prevent the introduction of invasive species; (ii) detect and respond rapidly to and control populations of such species in a cost- effective and environmentally sound manner; (iii) monitor invasive species populations accurately and reliably; (iv) provide for restoration of native species and habitat conditions in ecosystems that have been invaded; (v) conduct research on invasive species and develop technologies to prevent introduction and provide for environmentally sound control of invasive species; and (vi) promote public education on invasive species and the means to address them. In addition, an agency may not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere. s. Fish and Wildlife Coordination Act (16 U.S.C. § 661 et seq.) During the planning of water resource development projects, agencies are required to give fish and wildlife resources equal consideration with other values. Additionally, the U.S. Fish and Wildlife Service and fish and wildlife agencies of states must be consulted whenever waters of any stream or other body of water are "proposed or authorized, permitted or licensed to be impounded, diverted... or otherwise controlled or modified" by any agency under a Federal permit or license. 5. OTHER NATIONAL POLICY REQUIREMENTS a. Buy -American Preferences Strengthening Buy -American Preferences for Infrastructure Projects. Recipients of covered programs (as defined in Executive Order 13858, 31 January 2019, and 2 C.F.R. §200.322 (Domestic preferences for procurements)) are hereby notified that they are encouraged to use, to the greatest extent practicable, iron and aluminum as well as steel, cement, and other manufactured products produced in the United States in every contract, subcontract, purchase order, or subaward that is chargeable under this Award. b. Criminal and Prohibited Activities 1. The Program Fraud Civil Remedies Act (31 U.S.C. § 3801 et seq.), provides for the Page 44 305 Contract# IRL2024N-08 Encumbrance# GLOI-2309 imposition of civil penalties against persons who make false, fictitious, or fraudulent claims to the Federal Government for money (including money representing grants, loans, or other benefits). 2. The False Claims Amendments Act of 1986 and the False Statements Accountability Act of 1996 (18 U.S.C. §§ 287 and 1001, respectively), provide that whoever makes or presents any false, fictitious, or fraudulent statement, representation, or claim against the United States must be subject to imprisonment of not more than five years and must be subject to a fine in the amount provided by 18 U.S.C. § 287. 3. The Civil False Claims Act (31 U.S.C. §§ 3729 - 3733), provides that suits can be brought by the government, or a person on behalf of the government, for false claims made under Federal assistance programs. 4. The Copeland Anti -Kickback Act (18 U.S.C. § 874), prohibits a person or organization engaged in a Federally supported project from enticing an employee working on the project from giving up a part of his compensation under an employment contract. The Copeland Anti -Kickback Act also applies to contractors and subcontractors pursuant to 40 U.S.C. § 3145. 5. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601 et seq.) and implementing regulations issued at 15 C.F.R. Part 11, which provides for fair and equitable treatment of displaced persons or persons whose property is acquired as a result of Federal or Federally -assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 6. The Hatch Act (5 U.S.C. §§ 1501-1508 and 7321-7326), which limits the political activities of employees or officers of state or local governments whose principal employment activities are funded in whole or in part with Federal funds. 7. To ensure compliance with Federal law pertaining to financial assistance awards, an authorized representative of a non -Federal entity may be required to periodically provide certain certifications to the DOC regarding Federal felony and Federal criminal tax convictions, unpaid federal tax assessments, delinquent Federal tax returns and such other certifications that may be required by Federal law. c. Drug -Free Workplace The non -Federal entity must comply with the provisions of the Drug -Free Workplace Act of 1988 (41 U.S.C. § 8102) and DOC implementing regulations published at 2 C.F.R. Part 1329 (Requirements for Drug -Free Workplace (Financial Assistance)), which require that the non -Federal entity take certain actions to provide a drug-free workplace. d. Foreign Travel 1. Each non -Federal entity must comply with the provisions of the Fly America Act (49 U.S.C. § 40118). The implementing regulations of the Fly America Act are found at 41 C.F.R. §§ 301-10.131 through 301-10.143. 2. The Fly America Act requires that Federal travelers and others performing U.S. Government -financed air travel must use U.S. flag air carriers, to the extent that service by such carriers is available. Foreign air carriers may be used only in specific instances, such as when a U.S. flag air carrier is unavailable, or use of U.S. flag air carrier service will not accomplish the agency's mission. 3. One exception to the requirement to fly U.S. flag carriers is transportation provided under a bilateral or multilateral air transport agreement, to which the United States Government and the government of a foreign country are parties, and which the Department of Transportation has determined meets the requirements of the Fly America Act pursuant to 49 U.S.C. § 40118(b). The United States Government has entered into bilateral/multilateral "Open Skies Agreements" (U.S. Government Procured Transportation) that allow federal funded transportation services for travel and cargo movements to use foreign air carriers under certain circumstances. There are Page 45 306 Contract# IRL2024N-08 Encumbrance# GL01-2309 multiple "Open Skies Agreements" currently in effect. For more information about the current bilateral and multilateral agreements, visit the GSA website. Information on the Open Skies agreements (U.S. Government Procured Transportation) and other specific country agreements may be accessed via the Department of State's website. 4. If a foreign air carrier is anticipated to be used for any portion of travel under a DOC financial assistance award, the non -Federal entity must receive prior approval from the Grants Officer. When requesting such approval, the non -Federal entity must provide a justification in accordance with guidance provided by 41 C.F.R. § 301-10.142, which requires the non -Federal entity to provide the Grants Officer with the following: name; dates of travel; origin and destination of travel; detailed itinerary of travel; name of the air carrier and flight number for each leg of the trip; and a statement explaining why the non -Federal entity meets one of the exceptions to the regulations. If the use of a foreign air carrier is pursuant to a bilateral agreement, the non -Federal entity must provide the Grants Officer with a copy of the agreement or a citation to the official agreement available on the GSA website. The Grants Officer must make the final determination and notify the non -Federal entity in writing (which may be done through the pass- through entity in the case of subrecipient travel). Failure to adhere to the provisions of the Fly America Act will result in the non -Federal entity not being reimbursed for any transportation costs for which any non -Federal entity improperly used a foreign air carrier. Note: When using code-sharing flights (two or more airlines having flight numbers assigned to the same flight) involving U.S. flag carriers and non-U.S. flag carriers, the airline symbol and flight number of the U.S. flag carrier must be used on the ticket to qualify as a U.S. flag carrier (e.g. "Delta Airlines Flight UDX,, operated by KLM"). Conversely, if the ticket shows "[Foreign Air Carrier] =, operated by Delta," that travel is using a foreign air carrier and is subject to the Fly America Act and must receive prior approval from the Grants Officer as outlined in paragraph G.05.d.4. e. Increasing Seat Belt Use in the United States Pursuant to E.O. 13043 (62 FR 19217), non -Federal entities should encourage employees and contractors to enforce on-the-job seat belt policies and programs when operating company-owned, rented, or personally owned vehicles. L Federal Employee Expenses and Subawards or Contracts Issued to Federal Employees or Agencies 1. Use of award funds (Federal or non -Federal) or the non -Federal entity's provision of in-kind goods or services for the purposes of transportation, travel, or any other expenses for any Federal employee may raise appropriation augmentation issues. In addition, DOC policy may prohibit the acceptance of gifts, including travel payments for federal employees, from non -Federal entities regardless of the source. Therefore, before award funds may be used by Federal employees, non -Federal entities must submit requests for approval of such action to the Federal Program Officer who must review and make a recommendation to the Grants Officer. The Grants Officer will notify the non -Federal entity in writing (generally through the pass-through entity) of the final determination. 2. A non -Federal entity or its contractor may not issue a subaward, contract or subcontract of any part of a DOC award to any agency or employee of DOC or to other Federal employee, department, agency, or instrumentality, without the advance prior written approval of the DOC Grants Officer. g. Minority Serving Institutions Initiative Pursuant to E.O.s 13555 (White House Initiative on Educational Excellence for Hispanics) (75 FR 65417), 13592 (Improving American Indian and Alaska Native Educational Opportunities and Strengthening Tribal Colleges and Universities) (76 FR 76603), and 13779 (White House Initiative to Promote Excellence and Innovation at Page 46 307 Contract# IRL2024N-08 Encumbrance# GLO1-2309 Historically Black Colleges and Universities) (82 FR 12499), DOC is strongly committed to broadening the participation of minority serving institutions (MSIs) in its financial assistance programs. DOC's goals include achieving full participation of MSIs to advance the development of human potential, strengthen the Nation's capacity to provide high- quality education, and increase opportunities for MSIs to participate in and benefit from Federal financial assistance programs. DOC encourages all applicants and non -Federal entities to include meaningful participation of MSIs. Institutions eligible to be considered MSIs are listed on the Department of Education website. h. Research Misconduct The DOC adopts, and applies to financial assistance awards for research, the Federal Policy on Research Misconduct (Federal Policy) issued by the Executive Office of the President's Office of Science and Technology Policy on December 6, 2000 (65 FR 76260). As provided for in the Federal Policy, research misconduct refers to the fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results. Research misconduct does not include honest errors or differences of opinion. Non -Federal entities that conduct extramural research funded by DOC must foster an atmosphere conducive to the responsible conduct of sponsored research by safeguarding against and resolving allegations of research misconduct. Non - Federal entities also have the primary responsibility to prevent, detect, and investigate allegations of research misconduct and, for this purpose, may rely on their internal policies and procedures, as appropriate, to do so. Non -Federal entities must notify the Grants Officer of any allegation that meets the definition of research misconduct and detail the entity's inquiry to determine whether there is sufficient evidence to proceed with an investigation, as well as the results of any investigation. The DOC may take appropriate administrative or enforcement action at any time under the award, up to and including award termination and possible suspension or debarment, and referral to the Commerce OIG, the U.S. Department of Justice, or other appropriate investigative body. i. Research Involving Human Subjects 1. All proposed research involving human subjects must be conducted in accordance with 15 C.F.R. Part 27 (Protection of Human Subjects). No research involving human subjects is permitted under this award unless expressly authorized by specific award condition, or otherwise in writing by the Grants Officer. 2. Federal policy defines a human subject as a living individual about whom an investigator (whether professional or student) conducting research (1) Obtains information or biospecimens through intervention or interaction with the individual, and uses, studies, or analyzes the information or biospecimens; or (2) Obtains, uses, studies, analyzes, or generates identifiable private information or identifiable biospecimens. Research means a systematic investigation, including research development, testing and evaluation, designed to develop or contribute to generalizable knowledge. 3. DOC regulations at 15 C.F.R. Part 27 require that non -Federal entities maintain appropriate policies and procedures for the protection of human subjects. In the event it becomes evident that human subjects may be involved in this project, the non -Federal entity (generally through the pass-through entity) must submit appropriate documentation to the Federal Program Officer for approval by the appropriate DOC officials. As applicable, this documentation must include: i. Documentation establishing approval of an activity in the project by an Institutional Review Board (IRB) under a Federal wide Assurance issued by Department of Health and Human Services or other Federal agency guidelines (see also 15 C.F.R. § 27.103); ii. Documentation to support an exemption for an activity in the project under 15 C.F.R. § 27.104(d); iii. Documentation of IRB approval of any modification to a prior approved protocol or to an informed consent form; iv. Documentation of an IRB approval of continuing review approved prior to the Page 47 308 Contract# IRL2024N-08 Encumbrance# GLO1-2309 expiration date of the previous IRB determination; and v. Documentation of any reportable events, such as serious adverse events, unanticipated problems resulting in risk to subjects or others, and instances of noncompliance. 4. No work involving human subjects may be undertaken, conducted, or costs incurred and/or charged for human subjects research, until the appropriate documentation is approved in writing by the Grants Officer. In accordance with 15 C.F.R. § 27.118, if research involving human subjects is proposed after an award is made, the non -Federal entity must contact the Federal Program Officer and provide required documentation. Notwithstanding this prohibition, work may be initiated or costs incurred and/or charged to the project for protocol or instrument development related to human subjects research. j. Care and Use of Live Vertebrate Animals Non -Federal entities must comply with the Laboratory Animal Welfare Act of 1966, as amended, (Pub. L. No. 89-544, 7 U.S.C. §§ 2131 et seq.) (animal acquisition, transport, care, handling, and use in projects), and implementing regulations (9 C.F.R. Parts 1, 2, and 3); the Endangered Species Act (16 U.S.C. §§ 1531 et seq.); Marine Mammal Protection Act (16 U.S.C. §§ 1361 et seq.) (taking possession, transport, purchase, sale, export or import of wildlife and plants); the Nonindigenous Aquatic Nuisance Prevention and Control Act (16 U.S.C. §§ 4701 et seq.) (ensure preventive measures are taken or that probable harm of using species is minimal if there is an escape or release); and all other applicable statutes pertaining to the care, handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by Federal financial assistance. No research involving vertebrate animals is permitted under any DOC financial assistance award unless authorized by the Grants Officer. k. Management and Access to Data and Publications 1. In General. The recipient acknowledges and understands that information and data contained in applications for financial assistance, as well as information and data contained in financial, performance and other reports submitted by recipients, may be used by the DOC in conducting reviews and evaluations of its financial assistance programs. For this purpose, recipient information and data may be accessed, reviewed, and evaluated by DOC employees, other Federal employees, Federal agents and contractors, and/or by non -Federal personnel, all of who enter into appropriate or are otherwise subject to confidentiality and nondisclosure agreements covering the use of such information. Recipients are expected to support program reviews and evaluations by submitting required financial and performance information and data in an accurate and timely manner, and by cooperating with DOC and external program evaluators. In accordance with 2 C.F.R. § 200.303(e), recipients are reminded that they must take reasonable measures to safeguard protected personally identifiable information and other confidential or sensitive personal or business information created or obtained relating to a DOC financial assistance award. 2. Scientific Data. Non -Federal entities must comply with the data management and access to data requirements established by the DOC funding agency as set forth in the applicable Notice of Funding Opportunity and/or in Specific Award Conditions. 3. Publications, Videos, and Acknowledgment of Sponsorship. i. Publication of results or findings in appropriate professional journals and production of video or other media is encouraged as an important method of recording, reporting, and otherwise disseminating information and expanding public access to federally - funded projects (e.g., scientific research). Non -Federal entities must comply with the data management and access to data requirements established by the DOC funding agency as set forth in the applicable Notice of Funding Opportunity and/or in Specific Award Conditions. Page 48 309 Contract# IRL2024N-08 Encumbrance# GLO1-2309 ii. Non -Federal entities may be required to submit a copy of any publication materials, including but not limited to print, recorded, or Internet materials, to the funding agency. iii. When releasing information related to a funded project, non -Federal entities must include a statement that the project or effort undertaken was or is sponsored by DOC and must also include the applicable financial assistance award number. iv. Non -Federal entities are responsible for assuring that every publication of material based on, developed under, or otherwise produced pursuant to a DOC financial assistance award contains the following disclaimer or other disclaimer approved by the Grants Officer: This [report/video%tc.] was prepared by [recipient name] using Federal funds under award [number] from [name of operating unit], U.S. Department of Commerce. The statements, findings, conclusions, and recommendations are those of the author(s) and do not necessarily reflect the views of the [name of operating unit] or the U.S. Department of Commerce. 1. Homeland Security Presidential Directive If the performance of this DOC financial assistance award requires non -Federal entity personnel to have routine access to Federally -controlled facilities and/or Federally - controlled information systems (for purpose of this term "routine access" is defined as more than 180 calendar days), such personnel must undergo the personal identity verification credential process. In the case of foreign nationals, the DOC will conduct a check with U.S. Citizenship and Immigration Services' (USCIS) Verification Division, a component of the Department of Homeland Security (DHS), to ensure the individual is in a lawful immigration status and that he or she is eligible for employment within the United States. Any items or services delivered under a financial assistance award must comply with DOC personal identity verification procedures that implement Homeland Security Presidential Directive 12 (Policy for a Common Identification Standard for Federal Employees and Contractors), Federal Information Processing Standard (FIPS) PUB 201, and OMB Memorandum M-05-24. The recipient must ensure that its subrecipients and contractors (at all tiers) performing work under this award comply with the requirements contained in this term. The Grants Officer may delay final payment under an award if the subrecipient or contractor fails to comply with the requirements listed in the term below. The recipient must insert the following term in all subawards and contracts when the subaward recipient or contractor is required to have routine physical access to a Federally -controlled facility or routine access to a Federally -controlled information system: The subrecipient or contractor must comply with DOC personal identity verification procedures identified in the subaward or contract that implement Homeland Security Presidential Directive 12 (HSPD-12), Office of Management and Budget (OMB) Guidance M-05-24, as amended, and Federal Information Processing Standards Publication (FIPSPUB) Number 201, as amended, for all employees under this subaward or contract who require routine physical access to a Federally -controlled facility or routine access to a Federally -controlled information system. The subrecipient or contractor must account for all forms of Government provided identification issued to the subrecipient or contractor employees in connection with performance under this subaward or contract. The subrecipient or contractor must return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by DOC: (1) When no longer needed for subaward or contract performance; (2) Upon completion of the subrecipient or contractor employee's employment; (3) Upon subaward or contract completion or termination. Page 49 Mr, Contract# IRL2024N-08 Encumbrance# GLO1-2309 m. Compliance with Department of Commerce Bureau of Industry and Security Export Administration Regulations 1. This clause applies to the extent that this financial assistance award encompasses activities that involve export -controlled items. 2. In performing this financial assistance award, a non -Federal entity may participate in activities involving items subject to export control (export -controlled items) under the Export Administration Regulations (EAR). The non -Federal entity is responsible for compliance with all applicable laws and regulations regarding export -controlled items, including the EAR's deemed exports and re-exports provisions. The non -Federal entity must establish and maintain effective export compliance procedures at DOC and non - DOC facilities, including facilities located abroad, throughout performance of the financial assistance award. At a minimum, these export compliance procedures must include adequate restrictions on export -controlled items, to guard against any unauthorized exports, including in the form of releases or transfers to foreign nationals. Such releases or transfers may occur through visual inspection, including technology transmitted electronically, and oral or written communications. 3. Definitions i. Export -controlled items. Items (commodities, software, or technology), that are subject to the EAR (15 C.F.R. §§ 730-774), implemented by the DOC's Bureau of Industry and Security. These are generally known as "dual -use" items, items with a military and commercial application. The export (shipment, transmission, or release/transfer) of export -controlled items may require a license from DOC. ii. Deemed Export/Re-export. The EAR defines a deemed export as a release or transfer of export -controlled items (specifically, technology or source code) to a foreign person (foreign national) in the U.S. Such release is "deemed" to be an export to the foreign person's most recent country of citizenship or permanent residency (see 15 C.F.R. § 734.13(a)(2) & (b)). A release may take the form of visual inspection or oral or written exchange of information. See 15 C.F.R. § 734.15(a). If such a release or transfer is made abroad to a foreign person of a country other than the country where the release occurs, it is considered a deemed re-export to the foreign person's most recent country of citizenship or permanent residency. See 15 C.F.R. § 734.14(a)(2). Licenses from DOC may be required for deemed exports or re-exports. An act causing the release of export -controlled items to a foreign person (e.g., providing or using an access key or code) may require authorization from DOC to the same extent that an export or re- export of such items to the foreign person would. See 15 C.F.R. § 734.15(b). 4. The non -Federal entity must secure all export -controlled items that it possesses or that comes into its possession in performance of this financial assistance award, to ensure that the export of such items, including in the form of release or transfer to foreign persons, is prevented, or licensed, as required by applicable Federal laws, E.O.s, and/or regulations, including the EAR. 5. As applicable, non -Federal entity personnel and associates at DOC sites will be informed of any procedures to identify and protect export -controlled items from unauthorized export. 6. To the extent the non -Federal entity wishes to release or transfer export -controlled items to foreign persons, the non -Federal entity will be responsible for obtaining any necessary licenses, including licenses required under the EAR for deemed exports or deemed re-exports. Failure to obtain any export licenses required under the EAR may subject the non -Federal entity to administrative or criminal enforcement. See 15 C.F.R. part 764. 7. Nothing in the terms of this financial assistance award is intended to change, supersede, or waive the requirements of applicable Federal laws, E.O.s or regulations. Page 50 311 Contract# IRL2024N-08 Encumbrance# GLO1-2309 8. Compliance with this term will not satisfy any legal obligations the non -Federal entity may have regarding items that may be subject to export controls administered by other agencies such as the Department of State, which has jurisdiction over exports and re- exports of defense articles and services subject to the International Traffic in Arms Regulations (ITAR) (22 C.F.R. §§ 120-130), including the release of defense articles to foreign persons in the United States and abroad. 9. The non -Federal entity must include the provisions contained in this term in all lower tier transactions (subawards, contracts, and subcontracts) under this financial assistance award that may involve research or other activities that implicate export -controlled items. n. The Trafficldng Victims Protection Act of 2000 (22 U.S.C. § 7104(g)), as amended, and the implementing regulations at 2 C.F.R. Part 175 The Trafficking Victims Protection Act of 2000 authorizes termination of financial assistance provided to a private entity, without penalty to the Federal Government, if any non -Federal entity engages in certain activities related to trafficking in persons. The DOC hereby incorporates the following award term required by 2 C.F.R. § 175.15(b): Trafficking in persons. a. Provisions applicable to a recipient that is a private entity. 1. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— i. Engage in severe forms of trafficking in persons during the period of time that the award is in effect; ii. Procure a commercial sex act during the period of time that the award is in effect; or iii. Use forced labor in the performance of the award or subawards under the award. 2. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — i. Is determined to have violated a prohibition in paragraph a. I of this award term; or ii. Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph a. l of this award term through conduct that is either— (A) Associated with performance under this award; or (B) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension – Non procurement), as implemented by DOC at 2 C.F.R. Part 1326 (Non procurement Debarment and Suspension). b. Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity - 1. Is determined to have violated an applicable prohibition in paragraph a.I of this award term; or 2. Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph a.I of this award term through conduct that is either— i. Associated with performance under this award; or ii. Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 C.F.R. Part 180 (OMB Guidelines to Agencies on Governmentwide Debarment and Suspension – Non procurement), as implemented by DOC at 2 C.F.R. Part 1326, (Non - procurement Debarment and Suspension). c. Provisions applicable to any recipient. Page 51 312 Contract# IRL2024N-08 Encumbrance# GLO1-2309 1. You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.I of this award term. 2. Our right to terminate unilaterally that is described in paragraph a.2 or b of this section: i. Implements section 1060 of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 71040), and ii. Is in addition to all other remedies for noncompliance that are available to us under this award. 3. You must include the requirements of paragraph a.I of this award term in any subaward you make to a private entity. d. Definitions. For purposes of this award term: 1. "Employee" means either: i. An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or ii. Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements. 2. `Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. 3. `Private entity ": i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 C.F.R. § 175.25; ii. Includes: (A) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 C.F.R. § 175.25(b); and (B) A for profit organization. 3. "Severe forms of trafficking in persons, " "commercial sex act, " and "coercion " have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. § 7102). o. Prohibition on certain telecommunications and video surveillance services or equipment (Public Law 115-232, section 889; 2 C.F.R. 200.216) (a) Recipients and subrecipients are prohibited from obligating or expending loan or grant funds to: (1) Procure or obtain, (2) Extend or renew a contract to procure or obtain, or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i). For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii). Telecommunications or video surveillance services provided by such entities or using such equipment. (iii). Telecommunications or video surveillance equipment or services produced Page 52 313 Contract# IRL2024N-08 Encumbrance# GLOI-2309 or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (b) In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. (c) See Public Law 115-232, section 889 for additional information. (d) See also 200.471. Page 53 314 Department of Commerce National Oceanic and Atmospheric Administration (NOAA) .Fisheries Habitat Conservation Program Office (HCPO) RECIPIENT INFORMATION 1. Recipient Name IRL COUNCIL 1235 MAIN ST SEBASTIAN, FL 32958 2. Congressional District of Recipient 08 3. Employer Identification Number (EIN) 47-4893498 4. UEI UUY2F5RYN1J7 5. Recipient Point of Contact Not Available DOC PD/PI Name jhanks@fisheries.org 6. Authorized Official Kolodny, Daniel, kolodny@irlcouncil.org FEDERAL AGENCY CONTACT INFORMATION 7. Grant Specialist Elana Felberg Elana.Felberg@noaa.gov 8. Program Officer Michele Miller michele.miller@noaa.gov 9. Grant Officer Olga Dixon olga.dixon@noaa.gov Notice of Award (NoA) NA24N M FX463 CO051-T1-01 FEDERAL AWARD INFORMATION 10. Award Number / FAIN NA24NMFX463CO051 -TI -01 / NA24NMFX463CO051 /Mod 0 11. Award Type Cooperative Agreement 12. Period of Performance Start Date & End Date 10/01/2024 - 09/30/2027 13. Federal Share of Cost $9,398,412 14. Recipient Share of Cost $1,340,000 15. Total Federal and Recipient Cost $10,738,412 16. Opportunity Number N OAA -N M FS -HCP 0-2023-20 08081 17. Project Title System -wide Habitat Restoration Through an Integrated Community of Practice (CoP) for the Indian River Lagoon, FL. 18. Assistance Listing Number and Name 11.463 Habitat Conservation 19. Award Action Type New Competing 20. Multiyear Award? No 21. R&D Award? No 22. Construction Award? No 23. Grants Officer - Signature and Date Olga Dixon - 08/20/2024 Department of Commerce NOAA Fisheries Habitat Conservation Program Office (HCPO) NOTICE OF NOAA AWARD COVER LETTER Notice of Award NA24NM FX463CO051-T1-01 Congratulations, you are the recipient of NOAA award Number NA24NMFX463CO051-T1-01. This Notice of Award (NoA) approved by the NOAA Grants Officer, constitutes the official grant award and the obligation of Federal funding. The NoA serves as the official legal document issued to notify the recipient and others that an award has been made. The NoA contains all terms and conditions of the grant award. The complete NoA can be found and downloaded under eRA Commons using the following instructions: View Notice of Award I eRA This NoA was sent to the specified email address entered in the NoA email field by the recipient organization when completing the electronic Research Administration (eRA) Commons registration process. The Signing Official (SO) can update this email address through the Institutional Profile section in eRA Commons. The NoA can also be viewed from the Status Information page in eRA Commons. By accepting the award, the recipient agrees to comply with the award provisions specified on the award document. As the Signing Official (SO) you are authorized to legally bind the institution in grant -administration matters. In providing your signature approval on the grant application submission you are responsible for monitoring grant related activities and authorizing expenditures under this award. Additional Information about your award is shown below: • Assistance Listing Number: 11.463 • Project Period: 10/01/2024 — 09/30/2027 • Program Office: Fisheries Habitat Conservation Program Office (HCPO) • Program Officer: Michele Miller • Program Officer Phone: Program Officer Email: michele.miller@noaa.gov Total Federal Funding: $9,398,412 • Total Non -Federal Funding: $1,340,000 • Organization Name: IRL Council • Project Title: System -wide Habitat Restoration Through an Integrated Community of Practice (CoP) for the Indian River Lagoon, FL. • Name of Principal Director/Project Investigator (PI/PD) as identified in the negotiated application: o Not Available DOC PD/PI Name This email was sent from a source that is not monitored for responses. If you need assistance, contact your Program/Project Officer (for programmatic issues) or the eRA Help Desk (for technical issues). SECTION I - BUDGET INFORMATION Annroved Budaet Authorized Cumulative Federal $9,398,412 Non -Federal $1,340,000 Total $10,738,412 Authorized Funding Codes Year 1 Federal Year 2 Federal Total Personnel(non- research $372,000 $0 $372,000 Supplies $35,000 $0 $35,000 Contractual $539,980 $0 $539,980 Other $8,331,734 $0 $8,331,734 Total Direct Charges $9,278,714 $0 $9,278,714 Indirect Charges $119,698 $0 $119,698 Federal $9,398,412 $0 $9,398,412 Non -Federal $1,340,000 $0 $1,340,000 Authorized Cumulative Federal $9,398,412 Non -Federal $1,340,000 Total $10,738,412 Authorized Funding Codes SECTION II — NOAA STANDARD TERMS AND CONDITIONS 2 CFR PART 200, UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS, AS ADOPTED PURSUANT TO 2 CFR § 1327.101 https://www. ecfr.00v/current/title-2/subtitle-A/ch apter-I I/pa rt-200?toc=1 • DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS https://www.commerce.gov/oam/policylfinancial-assistance-policy The Department of Commerce Financial Assistance Standard Terms and Conditions (ST&C) issued November 12, 2020, are incorporated by reference into this award. • Bureau Financial Assistance Standard Terms and Conditions Administrative Standard Award Conditions for National Oceanic and Atmosoheric Administration (NOAA Financial Assistance Awards U.S. Department of Commerce Department of Commerce Pre -Award Notification Requirements for Grants and Cooperative Agreements (REF: 79FR 78390) https://www.govinfo.ciov/content/pkq/FR-2014-12-30/pdf/2014-30297.pdf SECTION III — SPECIFIC AWARD CONDITIONS SPECIAL TERMS New Award This competitive award number NA24NMFX463CO051-T1-01 to Indian River Lagoon Council supports the work described in the Recipient's proposal entitled System -wide Habitat Restoration Through an Integrated Community of Practice (CoP) for the Indian River Lagoon, FL dated 11/10/2023, as revised on 6/26/2024 and 8/02/2024, which is incorporated into the award by reference. This award is made under the following statutory authorities: Fish and Wildlife Coordination Act 16 U.S.C. 661, as amended by the Page'3 of 12 3:3A PM i m- V?01) 24.47:121 AM. :317 / . Cumulative 140Y8LHRB1 24P00 1430130000000000 00 41000100 IIJA RESTORATION RES $9,398,412 Total $9,398,412 SECTION II — NOAA STANDARD TERMS AND CONDITIONS 2 CFR PART 200, UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS, AS ADOPTED PURSUANT TO 2 CFR § 1327.101 https://www. ecfr.00v/current/title-2/subtitle-A/ch apter-I I/pa rt-200?toc=1 • DEPARTMENT OF COMMERCE FINANCIAL ASSISTANCE STANDARD TERMS AND CONDITIONS https://www.commerce.gov/oam/policylfinancial-assistance-policy The Department of Commerce Financial Assistance Standard Terms and Conditions (ST&C) issued November 12, 2020, are incorporated by reference into this award. • Bureau Financial Assistance Standard Terms and Conditions Administrative Standard Award Conditions for National Oceanic and Atmosoheric Administration (NOAA Financial Assistance Awards U.S. Department of Commerce Department of Commerce Pre -Award Notification Requirements for Grants and Cooperative Agreements (REF: 79FR 78390) https://www.govinfo.ciov/content/pkq/FR-2014-12-30/pdf/2014-30297.pdf SECTION III — SPECIFIC AWARD CONDITIONS SPECIAL TERMS New Award This competitive award number NA24NMFX463CO051-T1-01 to Indian River Lagoon Council supports the work described in the Recipient's proposal entitled System -wide Habitat Restoration Through an Integrated Community of Practice (CoP) for the Indian River Lagoon, FL dated 11/10/2023, as revised on 6/26/2024 and 8/02/2024, which is incorporated into the award by reference. This award is made under the following statutory authorities: Fish and Wildlife Coordination Act 16 U.S.C. 661, as amended by the Page'3 of 12 3:3A PM i m- V?01) 24.47:121 AM. :317 / . Reorganization Plan No. 4 of 1970; Magnuson -Stevens Fishery Conservation and Management Reauthorization Act of 2006, 16 U.S.C. 1891a; Endangered Species Act, 16 U.S.C. 1535; America COMPETES Act, as amended, 33 U.S.C. 893a; Bipartisan Infrastructure Law (Public Law 117-58); and Inflation Reduction Act (Public Law 117- 169). Where the terms of the award and proposal differ, the terms of the award shall prevail. The terms in Section II of the Notice of Award applicable to this award are the version in effect at the time of award, unless the award is amended. Historical versions of 2 CFR 200 are available by clicking links at the top of the eCFR weblink in the Notice of Award. Cooperative Agreement / Substantial Involvement This award is a cooperative agreement as described in 2 C.F.R. Sec. 200.1 Definitions, meaning that NOAA is substantially involved in the project. NOAA Fisheries participation will be crucial to ensuring the timely implementation of the most beneficial habitat restoration project. NOAA may participate in one or more of the following ways: --collaboration on the scope of work through participation in meetings and review of documents; --providing assistance with technical aspects of the habitat restoration project such as assistance with permitting or development of detailed work plans and monitoring plans; --review and comment on design plans at the beginning of the award, at various stages throughout any portion of the design process that occurs during the award (e.g. conceptual, 30%, 60%, and 90% completion), and at the final completion stage; --review of procurement materials to the extent authorized by 2 C.F.R. Sec. 200 Procurement Standards; --tracking the progression of the restoration from planning through implementation and post -construction monitoring, with particular emphasis on tracking Recipient achievement of targets for major milestones and performance metrics and sharing results; --other involvement consistent with Office of Management and Budget Guidance on Substantial Involvement. See 43 Federal Register 36860 (Aug. 18, 1978). Required Use of American Iron, Steel, Manufactured Products, and Construction Materials BuyAmerica Preference. Recipients of an award of Federal financial assistance from the Department of Commerce (Department) for a program for infrastructure are hereby notified that none of the funds provided under this award may be used for an infrastructure project unless: 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; 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 that meets or exceeds this standard has been established under applicable law or regulation for determining the minimum amount of domestic content of the manufactured product; and Page 4 of 12 318J ,Fx :, 4.-InJ/14.545'A5j Go1'.er2wd 'tf{nb)1U2b 1?:15 AM. 3. 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 construction materials standards are listed below. Incorporation into an infrastructure project. 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. Categorization of articles, materials, andsuppiies. An article, material, or supply should only be classified into one of the following categories: (i) Iron or steel products; (ii) Manufactured products; (iii) Construction materials; or (iv) Section 70917(c) materials. An article, material, or supply should not be considered to fall into multiple categories. In some cases, an article, material, or supply may not fall under any of the categories listed in this paragraph. The classification of an article, material, or supply as falling into one of the categories listed in this paragraph must be made based on its status at the time it is brought to the work site for incorporation into an infrastructure project. In general, the work site is the location of the infrastructure project at which the iron, steel, manufactured products, and construction materials will be incorporated. Application of the BuyAmerica Preference by category. An article, material, or supply incorporated into an infrastructure project must meet the Buy America Preference for only the single category in which it is classified. Determining the cost of components for manufactured products. In determining whether the cost of components for manufactured products is greater than 55 percent of the total cost of all components, use the following instructions: For components purchased by the manufacturer, the acquisition cost, including transportation costs to the place of incorporation into the manufactured product (whether or not such costs are paid to a domestic firm), and any applicable duty (whether or not a duty- free entry certificate is issued); or For components manufactured by the manufacturer, all costs associated with the manufacture of the component, including transportation costs as described in paragraph (a), plus allocable overhead costs, but excluding profit. Cost of components does not include any costs associated with the manufacture of the manufactured product. Construction material standards The Buy America Preference applies to the following construction materials incorporated into infrastructure projects. Each construction material is followed by a standard for the material to be considered produced in the United States. Except as specifically provided, only a single standard should be applied to a single construction material. 1. Non-ferrous metals. All manufacturing processes, from initial smelting or melting through final shaping, coating, and assembly, occurred in the United States. 2. Plastic and polymer -based products. All manufacturing processes, from initial combination of constituent plastic or polymer -based inputs, or, where applicable, constituent composite materials, until the item is in its final form, occurred in the United States. 3. Glass. All manufacturing processes, from initial batching and melting of raw materials through annealing, cooling, and cutting, occurred in the United States. 4. Fiber optic cable (including drop cable). All manufacturing processes, from the initial ribboning (if applicable), through buffering, fiber stranding and jacketing, occurred in the United States. All manufacturing processes also include the standards for glass and optical fiber, but not for non-ferrous metals, plastic and polymer -based products, or any others. 5. Optical fiber. All manufacturing processes, from the initial preform fabrication stage through the completion of the draw, occurred in the United States. 6. Lumber. All manufacturing processes, from initial debarking through treatment and planing, occurred in the United States. 7. Drywall. All manufacturing processes, from initial blending of mined or synthetic gypsum plaster and additives through cutting and drying of sandwiched panels, occurred in the United States. Page 5 of 12 319 8. Engineered wood. All manufacturing processes from the initial combination of constituent materials until the wood product is in its final form, occurred in the United States. Waivers When necessary, recipients may apply for, and the Department may grant, a waiver from these requirements. To help federal agencies and recipients meet BABA requirements, the U.S. Department of Commerce, National Institute for Standards and Technology (NIST), Hollings Manufacturing Extension Partnership (MEP) National Network provides a service to connect stakeholders, including recipients, to U.S. manufacturers that have relevant production capabilities and capacities to help fulfill current market and supply chain needs. Recipients considering a BABA nonavailability waiver are strongly encouraged to contact the NIST/MEP for assistance with supplier scouting services prior to seeking a BABA nonavailability waiver. Further information on the NIST/MEP supplier scouting services is available at: https://nist.00v/mep/supply-chain/supplier-scouting. When the Department has made a determination that one of the following exceptions applies, the awarding official may waive the application of the Buy America Preference in any case in which the Department determines that: 1. applying the Buy America Preference would be inconsistent with the public interest (public interest waiver); 2. the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality (nonavailability waiver); or 3. the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent (unreasonable cost waiver). A request to waive the application of the Buy America Preference must be in writing. The Department will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described on the Department s Build America, Buy America website found at https://www.commerce.00v/oam/build-america-buy-america. Definitions Buy America Preference means the domestic content procurement preference set forth in section 70914 of the Build America, Buy America Act, which requires the head of each Federal agency to ensure that none of the funds made available for a Federal award for an infrastructure project may be obligated unless all of the iron, steel, manufactured products, and construction materials incorporated into the project are produced in the United States. Construction materials means articles, materials, or supplies that consist of only one of the items listed in paragraph (1) of this definition, except as provided in paragraph (2) of this definition. To the extent one of the items listed in paragraph (1) contains as inputs other items listed in paragraph (1), it is nonetheless a construction material. 1. The listed items are: 1. Non-ferrous metals; 1. Plastic and polymer -based products (including polyvinylchloride, composite building materials, and polymers used in fiber optic cables); 2. Glass (including optic glass); 3. Fiber optic cable (including drop cable); 4. Optical fiber; 5. Lumber; 6. Engineered wood; and 7. Drywall. Page 6 of 12 320 2. Minor additions of articles, materials, supplies, or binding agents to a construction material do not change the categorization of the construction material. Infrastructure means public infrastructure projects in the United States, which includes, at a minimum, the structures, facilities, and equipment for roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and structures, facilities, and equipment that generate, transport, and distribute energy including electric vehicle (EV) charging. Infrastructure project means any activity related to the construction, alteration, maintenance, or repair of infrastructure in the United States regardless of whether infrastructure is the primary purpose of the project. See also paragraphs (c) and (d) of 2 CFR 184.4. Iron or steel products means articles, materials, or supplies that consist wholly or predominantly of iron or steel or a combination of both. Manufactured products means: 1. Articles, materials, or supplies that have been: 1. Processed into a specific form and shape; or 1. Combined with other articles, materials, or supplies to create a product with different properties than the individual articles, materials, or supplies. 2. If an item is classified as an iron or steel product, a construction material, or a Section 70917(c) material under 2 CFR 184.4(e) and the definitions set forth in 2 CFR 184.3, then it is not a manufactured product. However, an article, material, or supply classified as a manufactured product under 2 CFR 184.4(e) and paragraph (1) of this definition may include components that are construction materials, iron or steel products, or Section 70917(c) materials. Predominantly of iron or steel or a combination of both means that the cost of the iron and steel content exceeds 50 percent of the total cost of all its components. The cost of iron and steel is the cost of the iron or steel mill products (such as bar, billet, slab, wire, plate, or sheet), castings, or forgings utilized in the manufacture of the product and a good faith estimate of the cost of iron or steel components. Section 70917(c) materials means cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives. See Section 70917(c) of the Build America, Buy America Act. IMPLEMENTATION OF DOMESTIC SOURCING REQUIREMENT Prior to initiation of any construction that may arise in this award, the Recipient is required to inform the NOAA Grants Officer and the Federal Program Officer whether it is using iron, steel, manufactured products, or construction materials as described in the Specific Award Condition in this award on Required Use of American Iron, Steel, Manufactured Products, and Construction Materials. In addition, the Recipient is required to inform the NOAA Grants Officer and the Federal Program Officer whether those materials are produced or manufactured in the United States, or alternatively, it is requesting one or more waivers, as described in the award condition. The Recipient is required to coordinate with NOAA regarding its compliance with this Term. Signs (BIL./IRA) The Recipient is responsible for constructing, erecting, and maintaining in good condition throughout the construction period a sign(s) satisfactory to NOAA that identifies the project and indicates that the project is Federally funded by the Bi -Partisan Infrastructure Law, and/or the Inflation Reduction Act (IRA). NOAA may require that the recipient maintain a permanent plaque or sign at the project site with the same or similar information. The temporary and Papl. of 12 1 permanent proposed signage implementation plans must be submitted to and approved by NOAA prior to installation. Compliance with Applicable Laws, Obtaining Permits, and Consultation Requirements The Recipient is required to comply with national policy requirements consistent with 2 C.F.R. Sec. 200.300 and Department of Commerce Financial Assistance Standard Terms and Conditions, Section G., or any successor Section. The Recipient will ensure that implementation of the project will meet all Federal laws and regulations by obtaining all Federal, state, and local permits and consultations applicable to the project prior to expenditure of award funds for those activities requiring permits and consultations. This includes, but is not restricted to, consultations required under the Endangered Species Act, Magnuson -Stevens Fishery Conservation and Management Act (Essential Fish Habitat), National Historic Preservation Act, and Coastal Zone Management Act. The Recipient will be cognizant of all conditions and restrictions required by their permits and consultations, and will immediately halt activities and contact their NOAA Technical Monitor if events occur that threaten to violate the conditions or restrictions required by their permits and consultations. Verification of Permits and Consultations Verification of permits and regulatory compliance related to this project must be presented to the NOAA Technical Monitor prior to project implementation. The Recipient should provide a list of Federal, tribal, state, and local permits acquired for this project by email or letter to the NOAA Technical Monitor. Project Files The Recipient must maintain project files for all restoration activities taking place under this agreement consistent with 2 C.F.R. Sec. 200.334. These files must contain, at a minimum, project work plans and copies of all federal and state permits/consultations associated with project implementation. Outreach and Communications Department of Commerce Financial Assistance Standard Term and Condition G.05.k.3., or any successor term, is supplemented as follows consistent with NOAA s collaboration on this project. The Recipient will coordinate with NOAA on outreach plans, events, products, and media coverage associated with the project. Please coordinate with the Federal Program Officer listed under the Contact Information award condition. Grantees will provide copies of final outreach products, website mentions, press materials, photos, videos, etc. via the standard progress reports to NOAA, or when available throughout the award period. Grantees will provide NOAA with high-resolution before, during, and post -implementation photos of the project. Photos of the site prior to construction and during project implementation should be submitted with progress reports or as requested by NOAA. Page'8 of 2 322 Acknowledgement of Project Contributors The Recipient must display, where appropriate and practical, publicly visible signs indicating that the project has received funding from the NOAA Restoration Center. These signs should also identify other contributing partners. These contributions should also be acknowledged in all communications with the media and the public and in all outreach related to the projects, consistent with Department of Commerce Financial Assistance Standard Term and Condition G.05.k.3., or any successor term. Project Safety The Recipient must have a written safety plan for management of the project, which should specifically address safety of project personnel, associates, visitors, and volunteers. The Recipient must conduct a safety briefing for volunteers immediately prior to their participation in hands-on restoration activities under this award. In addition, for any Self - Contained Underwater Breathing Apparatus (SCUBA) diving activities in a project, it is the responsibility of the Recipient to ensure that SCUBA divers are certified to a level commensurate with the type and conditions of the diving activity being undertaken. Furthermore, it is the responsibility of the Recipient to ensure that any SCUBA diving activities under this award meet, at a minimum, all applicable Federal, State, and local laws and regulations pertaining to the type of SCUBA diving being undertaken. Outstanding NEPA Documentation and Restricted Availability of Funds By accepting this award, the Recipient agrees to assist and cooperate with NOAA Fisheries in the preparation of any outstanding National Environmental Policy Act (NEPA) compliance documentation. For purposes of NEPA compliance, Phase 1 of the project includes feasibility studies; engineering and design studies; permitting; pre -project data collection; surveys; and pre -project monitoring. The activities for which work can proceed (as described above) will have no significant individual or cumulative adverse effects on the environment. The Recipient will not expend any funds for construction until impacts have been assessed, and NEPA compliance documentation has been completed by NOAA. At this time, $4,547,597 in funding is available to the Recipient to complete Phase 1 tasks outlined above. Phase 2 NEPA impacts will be assessed when more project details are available. Project Milestones To ensure adequate and timely progress towards project completion, NOAA and the Recipient have cooperatively identified several milestones as outlined throughout the proposal narrative. Project progress will be evaluated throughout the award with particular emphasis on meeting these milestones. NOAA reserves the right to pursue enforcement action for the award under 2 C.F.R. 200.339-.343 at any time throughout the award period should NOAA determine that a Recipient is not meeting project milestones as outlined in the application submitted to the NOAA Grants Management Division for funding. To evaluate project implementation quality and effectiveness, and learn from your restoration project(s), recipients will execute appropriate project monitoring with guidance from NOAH. As your project proceeds, NOAA's substantial involvement will include further coordination to execute implementation and basic effectiveness monitoring, and potentially more detailed effectiveness monitoring, if applicable. The grantee will collaborate with NOAA to identify monitoring elements such as parameters, methods, sampling duration and frequency, and post implementation targets. NOAA s involvement will also include ongoing coordination on data management, analyses, and dissemination of results (see Administrative Standard Award Conditions for NOAA). The grantee will develop a data /information sharing plan, and submit appropriate monitoring information with progress reports, as well as at other appropriate times. Templates for the data/information sharing plan and other monitoring related guidance are provided at https://www.fisheries. noaa.gov/national/habitat-conservation/monitoring-and-evaluationrestoration-projects. Performance Progress Reports Reporting requirements are described in 2 C.F.R. Sec. 200.328-.330, and 2 CFR Part 170; Department of Commerce Financial Assistance Standard Terms and Conditions Sec. A.01, C.03, and G.05. or successor sections; and Bureau -Specific NOAA Administrative Standard Award Conditions, with the following supplement. Progress reports must be submitted using the NOAA Community-based Restoration Program's Performance Progress Report (PPR) reporting form approved by OMB under control number 0648-0718, or a successor form. The NOAA Federal Program Officer will provide this form to the Recipient. Interim semi-annual progress reports are due no later than 30 days after the semiannual reporting periods ending March 31 and September 30 for the entire duration of the award. These follow the same frequency and have the same due dates (April 30 and October 30, respectively) as the SF -425 Federal Financial Reports, which also must be submitted as a condition of this award. A comprehensive final report covering all activities during the award period is required and must be received by the NOAA Program Officer within 120 days after the end date of this award, but a final semi-annual report is not required. Matching Requirement Since this award requires the Recipient to provide $1,340,000 in project -related costs from non -Federal sources, the Recipient must maintain in its official accounting records an accounting of $10,738,412. "To Be Determined" Contracts/subawards This Project includes funding for contracts/subawards where contractors/subawardees either have not been identified at the time of the award, or have been identified at the time of the award, but do not have sufficient budget information. Per 2 CFR 200.308, recipients must request pre -approvals from the awarding Federal agency for subawarding, transferring or contracting out of any work under a Federal award, with the exception of the acquisition of supplies, material, equipment, or general support services. Please follow the procedures described below for each contract and note all subawards require pre -approval regardless of funding amount. Threshold amounts for contracts are determined for the life of the prime Page 10of.12 324 _;: YY Ir ?OyA>:M hb PnCit,'.<� r' Mgc,,12V i?:J4 AM award (if multiple agreements are issued to the same contractor, threshold will be calculated based on their cumulative value). Recipients must retain complete procurement records which demonstrate that the procedures described below were followed..:: Contracts under micro -purchase threshold: See 2 CFR 200.320(a)(1) for the definition of micro -purchase. Micro -purchases may be awarded without soliciting competitive price or rate quotations if the Recipient considers the price to be reasonable based on research, experience, purchase history or other information and documents it and files accordingly. Contracts under small purchase threshold: See 2 CFR 200.320(a)(2) for the definition of small purchase and simplified acquisition threshold. For small purchase contracts, price or rate quotations must be obtained from an adequate number of qualified sources as determined appropriate by the Recipient. NOAA will not require prior approvals for contracts under $250,000 (unless a lower amount is used by the grantee as per 2 CFR 200.320(a)(2)(ii)) However, please be aware of financial assistance requirements for these contracts and keep your records, including a minimum of three price or rate quotations, for audits or the agency desk reviews/site visits. Contracts over the simplified acquisition threshold ($250,000, unless a lower amount is used by the grantee as per 2 CFR 200.320(a)(2)(ii)) and all subawards: When contractors have been selected, the recipient is required to submit a Request in eRA Commons to obtain approval to Subaward, transfer or contract out work under the award and provide the following documentation for each contract/subaward: method of selection (competitive or noncompetitive); scope of work and budget (cost or price information, as applicable) for each contract/subaward award; and/or a justification if the subcontract/subaward was chosen noncompetitively. Delinquent Single Audit In accordance with Audit Requirements in 2 CFR Part 200 Subpart F and Department of Commerce Financial Assistance Standard Terms and Conditions Section D.01, non -Federal entities that expend $750,000 or more during their fiscal year in Federal awards are required to submit a single audit report to the Federal Audit Clearinghouse 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. Your organization spent over $750,000 in Federal funds in Fiscal Year 2023, therefore, you were required to submit a current Single Audit to the Federal Audit Clearinghouse no later than 6/30/2024. The Federal Audit Clearinghouse database was checked as of 8/16/2024, and your organization s Fiscal Year 2023 Single Audit was not listed, which means that your organization is not in compliance with Federal and Agency requirements. Please submit your Fiscal Year 2023 Single Audit to the Federal Audit Clearinghouse within 30 days from receipt of this award. There is an exception for Indian Tribes and Tribal organizations for single audit reporting - please see 200.512 B(2), and section C of the same part for Reporting Package information. Failure to meet this requirement may result in your organization's designation as Risk Recipient by the Agency. This will inhibit your immediate access to withdraw funds for your project from the Automated Standard Application for Payments (ASAP) System, and SF -270 Request for Advance and Reimbursement' will be the method of payment until receipt of your current Single Audit. Tangible Property Reporting and Disposition Tangible personal property has been identified and budgeted in the grant application. The Recipient must report such property to NOAA. The SF -428, SF -428-B (final report), and as needed, the SF -428-S (inventory list) must be submitted no later than 120 days after the project end date. The SF -428-C (the disposition report) must be submitted when the property is no longer required for the purpose of the project, and in accordance with 200.311-314. These forms can be accessed at https://www.grants.gov/web/grants/forms/post-award-reporting-forms.htm]. Contact Information Contact information for NOAA and the Recipient is maintained in eRA Commons. In addition: The Federal Program Officer for this award is: Michele Miller; 301-427-8617; Michele. Miller@noaa.gov. The Technical Monitor for this award is: Erin McDevitt; (301) 427- 7802; Erin.McDevitt@noaa.gov. 326 /4' Performance Performance Progress Report s� _? NOAH Restoration Center, Office of Habitat Conservation 9Q4EM Of 1. Federal Agency to Which Report is Submitted NOAA National Marine Fisheries Service 2. Award or Subaward Number 3. Federal Program Officer - Name Project Information 4. Project Name 5. Recipient or Subrecipient Organization 6. Is this the final report? ❑ Yes ❑ No 7. Award or Project Period Dates 8. Reporting Period Dates 9. Report Frequency 11 annual 1:1 semi-annual other [] quarterly Start Date End Date Start Date End Date Project Information 10. Main Project Contact - Name 11. Main Project Contact - Title and Organization 12. Main Project Contact -Email 13. Main Project Contact - Phone Number 14. Project City 15. project State 16. Number of Project Sites 17a. Project Site Coordinates Latitude (decimal degrees) Longitude 18. Project Landowner Permission Received ❑ Yes JE1 No Monitoring Information 19. Monitoring Contact - Name 7Monitorin g Contact -Title and Organization 21. Monitoring Contact -Email 22. Monitoring Contact -Phone Number 23. Monitoring Level ❑ Tier I Tier 11 F-1 None 24. List of Target Species 25. List of Project Partners 26. Problem the Project Addresses I he intormation collected in this form will be used to administer and evaluate coastal and marine habitat restoration projects. Public reporting burden for this collection of intormation is estimated to average 9.5 hours for initial reports, 5.5 hours per response for interim reports and 9.75 hours for final reports, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other suggestions for reducing this burden to Program Manager, NOAA Community-based Restoration Program, 1315 East West Hwy, F/Hc3, Silver Spring, MD 20910. No confidentiality is provided because no proprietary or confidential information is requested. Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subjected to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a valid OMB Control Number. Privacy Act Statement Authorities: Fish and Wildlife Coordination Act 16 U.S.C. 661, as amended by the Reorganization Plan No. 4 of 1970. the Magnuson -Stevens Reauthorization Act of 2006 (Title 1, Sec. 117), the Estuaries and Clean Waters Act of 2000 (Title I, Public Law 106-457), amendments to the Water Resources Development Act of 2007, and other authorities. Purpose: This collection is used to track evaluate and report on coastal and marine habitat restoration funding administered by the National Oceanic and Atmospheric Administration (NOAH) Restoration Center. The information enables NOAA to demonstrate accountability for federal funds used to restore coastal and marine habitats, provide accurate and timely responses to NOAA, Department of Commerce, Congressional and Constituent inquiries and contributes to the Government Performance and Results Act "acres restored" measure. Routine Uses: Disclosure of this information is permitted under the Privacy Act of 1974 (5 US.C.Section 552a) to be shared among Department stafffor work-related purposes. Disclosure of this information is also subject to all of the published routine uses as identified in the Privacy Act System of Records Notices DEPT -2, Accounts Receivable and GSA/GOVT-9, System for Award Management. Disclosure: This information is required of all grant recipients. Ifthe required information is not provided, NOAA's ability to determine the grant program's progress will be impeded. OMB Control No. 0648-0472 Expiration Date: 12/31/2021 327 Project Name Award or Sub -Award Number 27. Other Attachments (see instructions) Certification. I certify to the best of my knowledge that this report is correct and complete for performance ofactivities for the purposes set forth in the award documents. 28. Authorized Representative - Name and Title 29. Authorized Representative - Email 30. Authorized Representative - Phone 31. Performance Narrative (no page limit, see instructions): Performance Progress Report OMB Control No. 0648-0472 NOAA Restoration Center Page 2 of 9 Expiration Date:12/31/2021 328 Project Name Performance Narrative (continued) Performance Progress Report NOAA Restoration Center Page:3 of 9` Award or Sub -Award Number OMB Control No. 0648-0472 Expiration Date: 12/31/2021 329 Project Name A. Project Activities 1. 2. Activity Description Activity Status Performance Progress Report NOAA Restoration Center Pne:4of9 Award or Sub -Award Number 3. Explanation of Progress OMB Control No. 0648-0472 Expiration Date: 12/31/2021 330 Project Name Award or Sub -Award Number B. Performance Measures 1. Objective/Goal Description 2. Measure (Unit) 3 . Baseline 4' Target Year S. Target 6. Actual To Date (cumulative) 7. Explanation Performance Progress Report OMB Control No. 0648-0472 NOAA Restoration Center Page 5 of 9 Expiration Date: 12/31/2021 331 a� E � Y a, v � Z J N (6 Q .a -o v ¢ � z M p� c c o U D Q C O °1 Z a x — w 0 c �o c c LA ¢ ¢ c 0U- UiZ-a z-0 — v a Lr; a ¢ -a Q c O Z LL m v O a a ¢ o ¢ c O c Z LL N N �6 > O a m CL¢ ¢ O c 7 Z LL LL v y, o >- a ` 5 N a ¢ a EU Q ( Y _ C �_ C C G/ GJ .a _ U v V J c6 O -Q m i a R < O A) xa E w u a U w u N .- -,T O O N 06 � N O _ O aj Z 0 0 +: c c o U a m 'a '2 x O LU rn 0 0 v m ro a 332 a� E Z a, C U - (p 3 El L Yp Q 7 U v O LC � 'O V1 u Y m aN V ` M v w � c C: O c O z U v '6 N � C O1 C Q.L X � W L 6 U O > O C Q Q � Q L (6 Y o ° N U� L � v a) LL- o Q M Q U (� C C U- L � � L" V r0 O � � Q N Q Ln : C O n LL u •CL_ L y c Z v a o Qjv a) 2 a O_ c i Q O L � Q L i1 C N Ll- u Q N c T N Y Y C C Y C> U1 UJ m o o m > 0 E O a m L Q o z _ c Y O ° �- o O O o- w a c' a w `^ O um o o � 06 333 N It o O N 00 � N O _ O aj Z Y O � c o u m 2i a Ow (D E 0 Z 7E 3 &A Q � c 7 � LL - 0 O 3 Q �o 0 c 0 U i N C O m N m rn c O . 0 ° c CU LL E f0 Z of C c Z �\ C U - ry w° N 0 'a -p a- w ~T v Q) 4. � Y 41 G U O � u v � c Q a � � c 0 O o � a u in J 4A V^ Q, 1 W f`6 �0 m > Z L- CL CL 'o a` W 334 N ;; I� cr O O N CO rA O N Z O 0 c O V R oG X 0 w OA O w a, rn to 0- V O CL w ZD ix c W a U O O CL o 0 v ° C tYif O Q �O a Z a� E Z '2 m Q U— U) a� m 3 Q �o Y O H C N I� N It O O N i 00 m O _N O Qj Z ro 00 c c o O } u ma :E x S Administrative Progress Report NOAA Restoration Center, Office of Habitat Conservation 1.Federal Agency to Which Report is Submitted 2. Federal Award Number 3. Federal Program Officer - Name NOAA National Marine Fisheries Service 4. Recipient Organization and Address 5. Award Start Date 7. Report Start Date 6. Award End Date 8. Report End Date 9. Award Name 10. Main Project Contact- Name 11. Main Project Contact- Title and Organization 14. Is this the final ❑ Yes report? No 12. Main Project Contact - E-mail 13. Main Project Contact- Phone Number 15. Report Frequency annual ® semi-annual ❑ quarterly ❑ other 16. Other Attachments (see instructions) Certification: /certify to the best of my knowledge and belief that this report is correct and complete for performance of activities for the purposes set forth in the award documents. 17. Authorized Representative - Name and Title 18. Authorized Representative - Email 19. Authorized Representative - Phone The information collected in this form will be used to administer and evaluate coastal and marine habitat restoration projects. Public reporting burden forthis collection of information is estimated to average 6 hours for initial reports, 2.75 hours per response for semi-annual reports and 5.5 hours for final reports, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other suggestions for reducing this burden to Program Manager, NOAA Community-based Restoration Program, 1315 East West Hwy, F/HC3, Silver Spring, MD 20910. No confidentiality is provided because no proprietary or confidential information is requested. Notwithstanding any other provisions of the law, no person is required to respond to, nor shall any person be subjected to a penalty for failure to comply with, a collection of information subject to the requirements of the Paperwork Reduction Act, unless that collection of information displays a valid OMB Control Number. Privacy Act Statement Authorities: Fish and Wildlife Coordination Act, 16 U.S.C. 661, as amended by the Reorganization Plan No.4 of 1970 the Magnuson -Stevens Reauthorization Act of 20061Title 1, Sec. 117), the Estuaries and Clean Waters Act of 2000 (Title I, Public Law 106-457), amendments to the Water Resources Development Act of 2007, and other authorities. Purpose: This collection is used to track, evaluate and report on coastal and marine habitat restoration funding administered by the National Oceanic and Atmospheric Administration (NOAA) Restoration Center. The information enables NOAA to demonstrate accountability for federal funds used to restore coastal and marine habitats, provide accurate and timely responses to NOAA, Department of Commerce, Congressional and Constituent inquiries and contributes to the Government Performance and Results Act "acres restored" measure. Routine Uses: Disclosure of this information is permitted under the Privacy Act of 1974 (5 U.S.C.Section 552a) to be shared among Department stafffor work-related purposes. Disclosure of this information is also subject to all of the published routine uses as identified in the Privacy Act System of Records Notices DEPT -2, Accounts Receivable and GSA/GOVT-9, System for Award Management. Disclosure: This information is required of all grant recipients. Ifthe required information is not provided, NOAA's ability to determine the grant program's progress will be impeded. OMB Control No. 0648-0472 Expiration Date: 12/31/2021 336 Project Name 20. Performance Narrative (see instructions): Administrative Progress Report NOAA Restoration Center Award or Sub -Award Number OMB Control No. 0648-0472 Expiration.Date: 12/31/2021 337 a� E Z D Q 3 -6 Q D U Ln Y o ri O N 0 ° 3 o v O 2 c w v v ao c Q rn c Y c � u; LL- O O Z �Ln Q a LU Z Ln (+ u v 0 CL •4-J •N v I T Y U N u •0 a` i i O Y c Aj C 1 N .2 - E Z 5 /�� �/ i Ln Q 338 . d 41- c C: O o u 00 �a x O LU (D E � a, v Z J C f0 Q 0) c C: o c f6 U p Q _0 Q c O a' z O' x — w �o c Ll Q Q c O ti Z a v o a vi d Q Q Q c O ii z _0 M a! > O a1 O � Q Q Q 6 Q c O� Z u_ N � al 6 > O � a c u Q � C LzLL Q c cu LL > 7 Q p c E Q Q r_ �, a) � aJ a, c °i _ v ar v Q �c f6 z O U 'O a, c O m > _o Q a � � H o a+ U z 1 Q O o_ ai c H 7 6 7 � C O C O a, m a) o x w V j m LL m o6 339 N n O Cb 0 6 z 0 Y c O U m a� E c Z 0 rp � U u- N m 3 S ¢ o U v o � t � � � v fp v°, .a a� v rn ®c 0 0 Z c LL p Q) � c � c a� X LL w L O > O-0 O a� aw ¢ -C U O V I � v � o LL � a m Q V ru 4-J } -0 C LL c _0 QJ U v L m O M 2 a C M LL a ^ 1 W v u Q) C V V m O n 'N W a -- ac — a L ¢ c O � c N Q) LL Q N QJ ,� QJ V n 0 T (� ai c \H v 41 _ U J N Z v ON O a *' ¢ z CL a) v L ~ o O O ~ v x � _ w U o LU LL m lJ o6 340 Z R o � c c O u o m• a �i O w SG. Seagrass Restoration at Big Slough, Sebastian Inlet Preachers Hole North Wabasso Causeway, Indian River County Restoration Leaders: Melissa Meisenburg, Senior Lagoon Environmental Specialist, Indian River County (IRC) Carter Henne, President, Sea & Shoreline LLC The Indian River County seagrass project is designed to restore and enhance important seagrass communities near the Sebastian Inlet and Pelican Island National Wildlife Refuge. The sites were identified based on its proximity to the Sebastian Inlet, water quality and shelter from wave energy. Both sites historically supported robust seagrass meadows but suffered extensive losses after widespread algal blooms in 2011 and 2016. The sites now have consistently sufficient water quality to support seagrass. Experts believe insufficient recruitment and the lack of a seed bank at the project sites is the primary driver for the lack of seagrass cover. This project will restore vital seagrass habitat lost at the two sites in proximity to Sebastian inlet that functions as an important estuary to ocean corridor. Water clarity is consistently conducive for seagrass survival at the sites. It is expected seeds and fragments generated from the project will accelerate recruitment in adjacent areas of the Indian River Lagoon (IRL). SITE DELIVERABLES • Big Slough (27.817980°, -80.432373°). Restore a 12.8 -acre seagrass habitat. • Preachers Hole (27.777054°, -80.424806°). Restore a 10 -acre seagrass habitat. • Seagrass will be processed for planting by personnel trained at a Sea & Shoreline LLC facility in the underserved community of Lincoln Park in Fort Pierce, FL. PARTNER ROLES, EXPERIENCE and Specific Design Considerations: Seagrass (SG) • Sea & Shoreline (S&S) will utilize proven seagrass restoration design and installation at both seagrass sites utilizing Halodule wrightii (e.g., density = planting units). • Indian River County (IRC) and Sea & Shoreline (S&S) will conduct initial seagrass assessments one-month post installation continuing to monitor monthly for the first year and quarterly for the next two years. • Grow SAVTm Herbivory Exclusion Devices will be placed temporarily for a period of 12 months on 10 -foot centers with 25 devices per acre. SITE DESCRIPTION, DESIGN AND MONITORING Big Slough Site Description: Big Slough (Indian River County, FL) is located three miles south of Sebastian Inlet on the eastern side of the IRL surrounded by Melba Island and Pelican Island National Wildlife Refuge (figure 1). The site's proximity to the inlet allows for improved water flow and water quality needed for successful seagrass restoration projects. The natural islands adjacent to Big Slough shelter the site from wave energy, reducing sediment transport and ultimately improving seagrass establishment. Design: Indian River County will work with Sea & Shoreline to cultivate, plant and maintain 12.8 acres of seagrass within Big Slough (Figure 2). The seagrass utilized in the project is a pure strain cultivar of Halodule wrightii, originally collected from previous projects within the IRL. Seagrass will be harvested 341 from an upland nursery and packaged into Mechanical Planting Units (MPU) and four -inch peat pots. MPUs are pre -rooted plants in biodegradable mesh containers containing 1-3 apical meristems and a proprietary blend of sediments promoting seagrass growth. Peat pots are larger planting units containing up to 25 shoots, pre -rooted in a 4"x4" biodegradable fabric pot. Sixty-four thousand MPUs will be installed on three-foot centers across the site. 1,600 peat pots will be installed in groups of five and planted below GrowSAVT"' herbivory exclusion devices. GrowSAVT"' herbivory exclusion devices will be deployed in clusters of five placed on 15 -foot centers for a total of 320 devices (Figure 3). The legs of the device bury in the sediment anchoring and keeping it flush with the seafloor to prevent entrapment. Each cluster will be staked with PVC pipe to mark its location. The exclusion devices will protect an area of seven -square feet preventing grazing from herbivores and allowing the establishment of the peat pots. Seagrass educational signage will be installed at the site to protect the newly installed MPUs and educate users. Maintenance: During GrowSAVT" deployment, monthly maintenance events will remove drift algae and biofouling organisms from the exclusion devices to ensure ample light penetration. GrowSAVT"" Herbivory Exclusion Devices will be removed from the project site after twelve months. Preachers Hole Site Description: Preachers Hole (Indian River County, FL) is located approximately four miles south of the Sebastian Inlet and a mile north of the Wabasso Causeway (Figure 5). It is located on the eastern side of the IRL. As the name suggests, the area is protected on all sides by a series of natural islands creating a cove. The natural islands adjacent to Preachers Hole restoration site shelter the site from wave energy, reducing sediment transport and will allow for seagrass establishment. Design: The Preachers Hole project provides seagrass restoration for a total of 20 acres (Figure 6). The Indian River County project will provide restoration for 10 acres within the site. Portions of the remaining 10 -acre restoration project is funded by the Florida Fish and Wildlife Foundation. Indian River County will work with Sea & Shoreline to cultivate, plant and maintain 10 out of the 20 acres of seagrass within Preachers Hole. The seagrass utilized in the project is a pure strain cultivar of Holodule wrighth, originally collected from previous projects within the IRL. Seagrass will be harvested from an upland nursery and packaged into Mechanical Planting Units (MPU) and four -inch peat pots. MPUs are pre -rooted plants in biodegradable mesh containers containing 1-3 apical meristems and a proprietary blend of sediments promoting seagrass growth. Peat pots are larger planting units that contain up to 25 shoots, pre -rooted in a 4"x4" biodegradable fabric pot. Fifty thousand MPUs will be installed on three-foot centers across the site 10 -acre project site. 1,250 peat pots will be installed in groups of five and planted below GrowSAVT"" herbivory exclusion devices. GrowSAVT" herbivory exclusion devices will be deployed in clusters of five placed on 15 -foot centers for a total of 250 devices (Figure 3). The legs of the device bury in the sediment anchoring and keeping it flush with the seafloor to prevent entrapment. Each cluster will be staked with PVC pipe to mark its location. The exclusion devices will protect an area of seven -square feet preventing grazing from herbivores and allowing the establishment of the peat pots. Seagrass educational signage will be installed at the site to protect the newly installed MPUs and educate users. Maintenance: During GrowSAVT"" deployment, monthly maintenance events will remove drift algae and biofouling organisms from the exclusion devices to ensure ample light penetration. GrowSAVT' Herbivory Exclusion Devices will be removed from the project site after twelve months. 342 Status of Consultation and Permits: Permits have been issued from the Florida Department of Environmental Protection (FDEP) and the United States Army Corps of Engineers (USACE) for the Preachers Hole Project. Permit applications were submitted to the FDEP and USACE for Big Slough on September 4, 2024. 343 �tR F LEGENDp i�Im Restoration Overview -12.8 Acres as a¢� c, ^' E �� 2009 Seagrass Coverage 2021 Seagrass Coverage ESRI Satellite . �. PROJECT: Indian River Lagoon Seagrass Restoration Drawn By: BK Location: Project Checked By: RB SS Indian River County, FL EXHIBIT: Historic Seagrass Coverage Date: 08/30/2024 +DRAWN FOR: Permitting I Sheet 03 344 PROJECT: Indian River Lagoon Seagrass Restoration Drawn By: BK S© 0i Location: Project Checked By: RB FA. ('� Indian River County, FL EXHIBIT: Restoration Overview Date: 08/30/2024 V\ i �� DRAWN FOR: Permitting heet 02 345 Figure 3. GrowSAV' Herbivory Exclusion Devices deployed on 15 -foot centers in a cluster of five marked with PVC poles. 346 Drawn By: BK Location: PROJECT: Indian River Seagrass Restoration Project © Checked By: RB L:+i 1 Indian River County, FL EXHIBIT: Project Overview SHOT.,_,r T, ` Date: 2024-09-03 LL`1.4L, ILI1N DRWN FOR: IRLNEP Grant ,t„ Sheet: 02 348 GRANT NAME: Agency Cost -Share Agreement between the IRLNEP & IRC for the NOAA Grant GRANT # IRL2024N-08 AMOUNT OF GRANT: $1,073,506 DEPARTMENT RECEIVING GRANT: Natural Resources/Lagoon Division CONTACT PERSON: Melissa Meisenburg TELEPHONE: ext. 1651 1. How long is the grant for? September 30, 2027 Expected Starting Date: October 1, 2024 YES NO 2. Does the grant require you to fund this function after the grant is over? X 3. Does the grant require a match? X If yes, does the grant allow the match to be In -Kind services? X 4. Percentage of match to grant 0 % 5. Grant match amount required $0 6. Where are the matching funds coming from (i.e. In -Kind Services; Reserve for Contingency)? The matching funds are being provided from Sea & Shoreline, LLC. In addition, IRC is providing In -Kind support.. 7. Does the grant cover capital costs or start-up costs? 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? 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? $ Signature of Preparer:- J Date: I I / 2 2 Z '7_U 9 349 2f Grant Amount Other Match Costs Not Covered Match Total First Year $ $ $ $ Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ 1 $ $ $ Signature of Preparer:- J Date: I I / 2 2 Z '7_U 9 349 2f Cost -Share Agreement between Indian River County. and the Indian River Lagoon. Council for. Seagrass Projects at Big Slough a +d Preachers Hole Melissa Meisenburg, Sr. Environmental Specialist Lagoon Division GOALS: This project responds to the urgent need to restore essential fish habitats, enhance ecosystem functions and increase resilience in the IRL, an estuary impaired by a decade of harmful algal blooms that reduced seagrass coverage by over 89% from 2011-2020 and affected the other habitats, communities and species of concern throughout the estuary. • Indian River Lagoon co.. • Ten Partners • NOAA Transformation; Restorati r • $9.4 million` ■ September 30, 1/23/2025 3 —1 Indian River County Lagoon Management an ..... .. Table T. Designed Projects to AddMM .. .: . Big Slough Preachers Hole 1/23/2025 + . . 51 .c', ,3C Ecusy,ie rj EYttt. Nuckublack. - - l rtNtGl]rtAVdJ�*Id� wetM �R�1d�llrby weight. greater than llh( The muck sed intent conGkH nubfenbxdg igg�sari inlwnal'kgacy law' of . w,kmsthat releases nulrkntsback into the water _ Coastal Muck Removal column.These Nd itthegrowtholnatwal 3102,275 .. Engineering Evahimion benthk communitifti tnubknts tooverlgingwate. RexuMwdlirrclude��'Ellylaeadablemuck mapping dautoevduate the antitiesolmuck .- EWWatecostsaM Ee =11,1011Provide - edausl that g ltf priontbe 1. ."k - . .. llrao al.gM�1{4muckdepositslo .. .. d11g g�tw�eyn VA �sl�sAMRed w. Big Slough Preachers Hole 1/23/2025 1/23/2025 3 } f �r LEGEND Restoration Overview - 12.8 Acres t� 2009 Seagrass Coverage 2021 Seagrass Coverage ., 100 200.m" •'� `�. '{ SSRI Satellite z, 3 Project Budget install' * LTa�jtt�n and monitoring *Reimbursement �_2, 2140 A21b2 Sea & Shoreline, LLC �for24, 400 rs d a 1 fun s pal and monitoring $1,073,5 1 provide support during installation, maintenarRce term will be over a 3 -year period 1/23/2025 4 INDIAN RIVER COUNTY, FLORIDA AGENDA ITEM Parks, Recreation & Conservation Department Date: November 19, 2024 To: The Honorable Board of County Commissioners Thru: John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Christopher A. Hicks, Assistant County Attorney From: Beth Powell, Parks, Recreation & Conservation Director CONSENT AGENDA BCC Meeting 12-03-2024 Subject: Assignment and Amendment of License Agreement for Surfsedge at Tracking Station Beach Park BACKGROUND: On November 20, 2018, the Board of County Commissioners approved a License Agreement (the "Agreement") with Lutgert Vero, LLC to formalize access from the Surfsedge development through the Tracking Station Beach Park, which is owned and managed by Indian River County. In January 2024, County staff met with Lutgert representatives in response to their request to trim dune vegetation within the park boundaries. Over the following months, the developer transferred property management responsibilities to a newly formed Master and Condo Homeowners Association. County staff met with the newly elected Board to address several matters, including the request for dune vegetation trimming, safety and security concerns, dune crossover repairs, park openings and closures, and maintenance obligations related to the public access pathway. To provide context on the history of the Agreement and property, the following details are summarized: • April 4, 2017: The Board of County Commissioners reviewed a request from the Town of Indian River Shores to allow the purchaser of the Surfsedge property (Lutgert Vero, LLC) non-exclusive access to the beach through Tracking Station Beach Park. This included approval to construct a dune crossover. The Board approved the request, contingent upon Lutgert Vero, LLC entering into a non-exclusive License Agreement with the County. o As part of the approval, the Board specified that no sea grape/native vegetation trimming would be allowed, except as necessary to maintain and protect the public pathway associated with the crossover. o The developer offered to design, permit, construct, and maintain a path and dune crossover in the northernmost section of the park, as detailed in the License Agreement. RX11 June 2017: Lutgert Vero, LLC, acquired the two parcels in the Town of Indian River Shores (subsequently named Surfsedge"). Tracking Station Beach Park is situated directly east and south of the Lutgert property. November 20, 2018, the Board approved the License Agreement between Indian River County and Lutgert Vero, LLC for the purpose of non-exclusive beach access, construction of a public dune crossover, and to formalize maintenance and access responsibilities. After purchase and during development, Lutgert Vero, LLC installed a fence at the property boundary which included an electronically controlled access point with private, unrestricted access for the residents of Surfsedge. This access point was not approved by the County or contemplated in the original Agreement. The minutes from the Board meetings held on April 4, 2017, and November 20, 2018, are attached for reference. DESCRIPTION AND CONDITIONS: Parks, Recreation and Conservation staff worked with the newly elected Board of Directors for the Surfsedge Master and Condominium Homeowner's Association to address safety and security issues occurring within the park boundary and to evaluate the conditions outlined in the License Agreement. The following amendments are proposed in the Assignment and Amendment to the License Agreement: • Addresses future repairs and/or replacements of the dune crossover. • The term "County environmental manager" shall be replaced with "County Parks, Recreation & Conservation Director, or designee". • Addresses the Surfsedge fence and gate that was installed after the original Agreement was approved. The gate shall be locked at all times when the park is closed which will be controlled through an electronic lock with a timer function programmed to lock consistent with park hours and provides a notice to cure. • Updates contact information. • References the Indian River County Code Section 205 relating to rules and regulations of Indian River County Parks. FUNDING: No funding is required for the subject task. RECOMMENDATION: Staff respectfully requests that the Board of County Commissioners approve the Assignment and Amendment of License Agreement between Surfsedge at Indian River Shores Master Association, Inc. and Indian River County, and authorize the Chairman to execute the Assignment of License Agreement after review and approval by the County Attorney. ATTACHMENTS: Minutes from April 4, 2017 BCC meeting Minutes from November 20, 2018 BCC Meeting License Agreement between Indian River County and Lutgert Vero, LLC - November 20, 2018 351 Assignment of License Agreement between Indian River County and Surfsedge at Indian River Shores Master Association, Inc. — December 3, 2024 DISTRIBUTION: Lutgert Vero, LLC Surfsedge at Indian River Shores Master Association, Inc. APPROVED AGENDA ITEM FOR DECEMBER 3.2024 352 Prepared by and Return to: County Attorney's Office 1801 27th Street Vero Beach FL, 32960 [blank space above line reserved for recording data] ASSIGNMENT AND AMENDMENT OF LICENSE AGREEMENT KNOW ALL MEN BY THESE PRESENTS, that LUTGERT VERO, LLC, a Florida limited liability company, whose mailing address is 4200 Gulf Shore Boulevard, Naples, Florida 34103 (hereinafter referred to as the "Assignor"), in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) and other good and valuable consideration to it in hand paid by SURFSEDGE AT INDIAN RIVER SHORES MASTER ASSOCIATION, INC., a Florida not for profit corporation, whose mailing address is 819 SW Federal Hwy, Suite 302, Stuart, Florida 34994 (hereinafter referred to as "Assignee"), the receipt and sufficiency whereof is hereby acknowledged, has granted, bargained, sold, assigned, transferred and set -over, and by these presents does grant, bargain, sell, assign, transfer and set -over unto Assignee, its successors and assigns forever, all of Assignor's right, title and interest in and to that License Agreement with INDIAN RIVER COUNTY, dated November 20, 2018, recorded in the official records of Indian River County, Florida at Official Record Book 3167, Page 76. Assignee agrees to assume all of Assignor's obligations and duties under the License Agreement. Indian River County approves this Assignment. AMENDMENTS TO LICENSE AGREEMENT 1. Any repairs or replacement of the dune crossover must follow all current laws which include, but are not limited to review and approval from INDIAN RIVER COUNTY, Department of Environmental Protection permitting, and any other requirements. 2. The term "County environmental manager" shall be replaced with "County Parks, Recreation & Conservation Director, or designee". 3. The gate that was been installed and approved by Indian River Shores on SURFSEDGE property that allows access to the crossover shall be open only during the hours of operation of INDIAN RIVER COUNTY parks. The gate shall be locked at all times when the park is closed. To ensure restrictive access, SURFSEDGE will install an electronic lock with a timer function programmed to the park hours. Failure to maintain this schedule and restrict access shall be cause for termination of the License by INDIAN RIVER COUNTY 4. In the event of a breach of these terms by SURFSEDGE, there shall be a 7 -day cure period in which the breach may be rectified, if possible. Failure to cure said breach shall result in INDIAN RIVER COUNTY having the right to immediately terminate the License. Multiple breaches within the period of one year shall be deemed as a waiver of the 7 -day cure period. The 7 -day cure period shall begin upon actual or Page 1 of 5 353 written notice to SURFSEDGE. 5. The contact information of the parties shall be as follows: INDIAN RIVER COUNTY: County Parks, Recreation & Conservation Director, or designee 1801 27th Street Vero Beach Fl, 32960 772-226-1785 SURFSEDGE AT INDIAN RIVER SHORES MASTER ASSOCIATION, INC., Walter David 950 Surfsedge Way #206 Indian River Shores, FL 32963 407 493-8637 walterdavid8637@hotmail.com 6. SURFSEDGE AT INDIAN RIVER SHORES MASTER ASSOCIATION, INC. agrees to abide by all rules contained in Indian River County Code Section 205 relating to rules and regulations of Indian River County arks. 7. All other term of the License shall remain in full force and effect for the duration of the license agreement. TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns forever. This Assignment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, Assignor, Assignee, and Indian River County have caused this instrument to be duly executed and effective as of the day of December 2024. WITNESSES: ASSIGNOR: LUTGERT VERO, LLC, a Florida limited liability company Print Name: By: Address: Printed Name: Print Name: Position: Page 2 of 5 354 Address: STATE OF FLORIDA COUNTY OF W —01 Dated: The foregoing instrument was sworn to, signed and acknowledged before me by means physical presence or ❑ online notarization, this day _ of July 2024, by as the of Lutgert Vero, LLC a Florida limited liability company. He/She/They (check one) ❑ is/are personally known to me, or ❑ has/have produced a valid driver's license or as identification. Notary Public, State and County Aforesaid Name: My Commission Expires: _ My Commission Number is: Page 3 of 5 355 WITNESSES: Print Name: Address: Print Name: Address: STATE OF FLORIDA COUNTY OF ASSIGNEE: SURFSEDGE AT INDIAN RIVER SHORES MASTER ASSOCIATION, INC., a Florida not for profit corporation By: Printed Name: Position: Dated: The foregoing instrument was sworn to, signed and acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day _ of July 2024, by as the of Surfsedge at Indian River Shores Master Association, Inc., a Florida not for profit corporation. He/She/They (check one) ❑ is/are personally known to me, or ❑ has/have produced a valid driver's license or as identification. Notary Public, State and County Aforesaid Name: My Commission Expires: _ My Commission Number is: Page 4 of 5 356 WITNESSES: Print Name: Address: Print Name: Address: STATE OF FLORIDA COUNTY OF INDIAN RIVER COUNTY: INDIAN RIVER COUNTY a political subdivision of the State of Florida Printed Name: Position: Dated: The foregoing instrument was sworn to, signed and acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of July 2024, by as the of Indian River County a political subdivision of the State of Florida. He/She/They (check one) ❑ is/are personally known to me, or ❑ has/have produced a valid driver's license or as identification. Notary Public, State and County Aforesaid Name: My Commission Expires: My Commission Number is: Page 5 of 5 MIA i Exhibit 8 revised 11/22/2024 358 Board of County Commissioners Meeting Minutes - Final April 4, 2017 Conunissioner Zorc shared details from an interesting audience he had with Senator Greg Steube, and thanked Mr. Conway for his efforts. No Action Taken or Required // C. PUBLIC NOTICE ITEMS 10.C.1 17-0311 Notice of Public Hearing for AWA -Ti, 2017, Prima Vista Corporation's Request for Abandonm f a Portion of 129th Avenue (now being 93rd Avenue) and ortion of 1 -30th Avenue (now being 93rd Court) within the P ise Park Unit No. 3 Subdivision [ROWA-17-02-01 / 20020 53-78160] (Legislative) Recommended action: is notice of public hearing is provided for the Board's information. No action is needed at this time. County Attorney Dylan Reingold read the Notice of Public Hearing into the record. No Action Taken or Required 11. COUNTY ADMINISTRATOR MATTERS 11.A 17-0372 Public Beach Access from the 5.38 Acre Parcel owned by the Town of Indian River Shores Recommended action: Staff recommends that the Board of County Commissioners approve the following regarding public access from the Town property through the Tracking Station Oceanfront Park: l.) Provide permission for the future owner(s) to construct only one (1) dune crossover, to serve all parcels, as permitted by the County and any other appropriate permitting agencies including, but not limited to, county dune permit, jurisdictional building permit, and Florida Department of Environmental Protection approval. The property owner(s) will need to enter into a license agreement with the County for the dune cross-over structure. This must be a non-exclusive access agreement addressing public access rights, liability, penalties for non-compliance, maintenance, replacement, and insurance. 2.) Item I is contingent upon the Town providing a 7' non-exclusive public access easement from A 1 A to the Tracking Station Oceanfront Park along the south side of the property. This public access easement must contain a deed restriction that would require approval of the County as well as the Town for any future changes or abandonment. The existing fence is to be moved to edge of this easement. 3.) Item I requires future owner(s) lIie.' provide nonexclusive public access from the existing north gate to the dune crossover. Indian River County Florida Page 12 359 Board of County Commissioners Meeting Minutes - Final April 4, 2017 Attachments: Staff Report Original Request from the Town of Indian River Shores March 15, 2017 Correspondence Conceptual Plan showing one (1) dune crossover Conceptual Plan showing three (3) dune crossovers Map of Tracking Station showing existing north gate (Clerk's Note: This item was heard after the break, beginning at 10:49 a.m., and is placed here for continuity.) County Administrator Jason Brown read into the record details concerning the public beach access of the 5.38 acre parcel owned by the Town of Indian River Shores. The tems addressed included: 1) Permission for the future owner(s) to construct one (1) dune crossover with proper licensing, regardless of the structure of the sale, and for future property owner(s) to enter into a license agreement with the County for the dune crossover structure; 2) Staffs recommendation regarding the seven (T) foot width of the public access easement leading from AIA to the Tracking Station Oceanfront Park, and the existing fence that would need to be moved to the edge of this easement; 3) Future owner(s) to provide nonexclusive public access from the existing north gate, along County property, to the dune crossover; and 4) Trimming of vegetation and Seagrape trees on County property; however, the Town of Indian River Shores withdrew the previous request. Mayor of Indian River Shores Brian Barefoot asked the Board to modify the wording, changing the term from "easement" to "right-of-way", when referring to the public access path. He questioned the County Administrator regarding the width of the public access path, as well as the recommended license agreement pertaining to liability. Additionally, Mayor Barefoot requested a special meeting be held in order to make a decision on the trimming of Seagrape trees due to the fact that they are very tall and would obstruct a future owner's ocean view. Chairman Flescher inquired as to who would maintain the public access path, and advised that the Board would address the Seagrape trimming issue so that an immediate decision could be made. Discussion ensued relative to the width of the public access path and the trimming of Seagrapes. Assistant County Adminstrator Michael Zito confirmed that the County does not trim Seagrapes along the coastal line. Patricia Gundy, 4571 Pebble Bay South, sought and received information on the possibility that future land owner(s) would not want the public beach access crossover. Indian River County Florida Page 13 360 Board of County Commissioners Meeting Minutes - Final April 4, 2017 Leslie Abbott, 4556 Pebble Bay South, commented in support of not trimming the Seagrape trees for erosion purposes. Debbie Mackay, 4705 Pebble Bay Circle, spoke in support of not trimming the Seagrape trees, and thanked the Board for their knowledge and concern for the environment. Robert Abbott, 4556 Pebble Bay South, made observations regarding the importance of the five (5') foot path being ADA accessible. A motion was made by Vice Chairman O'Bryan, seconded by Chairman Flescher, to approve staffs recommendation with the following amendments: Under Item 2) change from a seven (7') foot non-exclusive public access easement to a five (5') foot clear public access right-of-way. Add Item 4) The County does not support any trimming of Seagrape trees on the County triangular parcel, other than that which may be necessary to protect the paths that are built to get to the crossover. The motion carried by the following vote: Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Solari, and Commissioner Zorc The Chairman called for a break at 12:01 p.m., and reconvened the meeting :13 p.m., with all members present. y Wowing the break, discussion began on 12. DEPARTMENTAL MATTERS A. Community Development 12.A.1 17-0327 Cons' ration of Continuing Participation with St. Lucie County and rtin County in the Treasure Coast Home Program Consortium Recommended ac Based on the analysis performed, staff recommends that the Board of County Commissioners determine whether or not to continue with the Treasure Coast HOME Consortium after the current consortium contract ends in 2018. Indian River County Florida Page 14 361 Board of County Commissioners Meeting Minutes - Final November 20, 2018 Attachments: Staff Report Exhibit 1A - Asset Management Program Services Exhibit 1 B - Fee Estimate Utility Services Director Vincent Burke detailed the process for completing Task 7, Pilot Asset Condition and Risk Assessment, of the Asset Management Plan. He indicated that funding was available, as it had been budgeted and approved for Fiscal Year 2018/19. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to approve staffs recommendation. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 13. COUNTY ATTORNEY MATTERS 13.A. 18-2470 Approval of License Agreement between Lutgert Vero, LLC and Indian River County for Construction of a Dune Crossover at Tracking Station Park Recommended action: Staff recommends the Board of County Commissioners approve the License Agreement between Lutgert Vero, LLC and Indian River County and authorize the Chairman to execute the Agreement on behalf of the Board. Attachments: Staff Report Aerial photo of properties Minutes from April 4. 2017 BCC Meeting License Agreement with attachments County Attorney Dylan Reingold highlighted the details of the License Agreement between Lutgert Vero, LLC and the County. Chairman Solari questioned County Administrator Jason Brown about issues regarding the proposed License Agreement. Administrator Brown clarified that he was not aware of any issues; however, he pointed out that the County would be directly supervising the project to ensure that removal and trimming of vegetation occurs only where it is necessary for the construction of the dune crossover and the path that leads to it. Attorney Bruce Barkett, Collins Brown Barkett, representing Lutgert Vero, LLC, relayed to the Board that his client understands the County's wishes, as they are spelled out in the License Agreement. A motion was made by Commissioner O'Bryan, seconded by Vice Chairman Adams, to approve staffs recommendation. The motion carried by the following vote: Indian River County Florida Page 15 362 Board of County Commissioners Meeting Minutes - Final November 20, 2018 Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 13.B. 18-2518 Affordable Housing Advisory Committee Appointment Recommended Action: The County Attorney recommends that the Board review the applicant's resume and application, and determine whether to appoint her to fill the unexpired term and renew her term to January 2021, for the "Not-for-profit provider of affordable housing" representative to Affordable Housing Advisory Committee. Attachments: Staff Memo Application for AHAC - SVittitoe Resume - SVittitoe County Attorney Dylan Reingold explained that Sheryl S. Vittitoe submitted a resume and an application for the "Not-for-profit provider of affordable housing" representative to the Affordable Housing Advisory Committee to fill the unexpired and renewal term to January 2021. A motion was made by Vice Chairman Adams, seconded by Commissioner Zorc, to appoint Sheryl S. Vittitoe as the "Not-for-profit provider of affordable housing" representative to the Affordable Housing Advisory Committee to fill the unexpired and renewal term to January 2021. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 13.C. 18-2517 Indian River County Committees - Member Reappointments Recommended action: The County Attorney recommends that the Board consider the list of committee members requesting reappointment, and reappoint such members as the Board deems appropriate. Attachments: Staff Report 18.11.05 Commitee Members Term Renewal Vacancies List (Term Exp 2019)- Info Only County Attorney Dylan Reingold detailed the reappointment process for the various committee members with an expiring term of January 2019, and provided a compiled list of the members who wish to have their term renewed. A motion was made by Commissioner O'Bryan, seconded by Commissioner Flescher, to reappoint the committee members seeking a renewed term, as presented in staffs report. The motion carried by the following vote: Aye: 5 - Chairman Solari, Vice Chairman Adams, Commissioner Flescher, Commissioner O'Bryan, and Commissioner Zorc 14. COMMISSIONERS MATTERS Indian River County Florida Page 16 . 31201 COUNTY ATTORNEY'S OFFICE RECORDED IN THE Pl113Ltc RECORDS OF JEFFREY RK OF COLIRT INDIAN RIVER COUNTY R FL 1801 27th Street BK: 3187 PG. 76 POP 1 of 10 111S 4:18 PM Yeo Bch, Florid* 32960 LICENSE AGREEMENT This License Agreement (Agreement) is made and entered into this 20th day of November, 2018, ("Effective Date"), by and between Indian River County, a political subdivision of the State of Florida, whose mailing address is 1801 27th Street, Vero Beach, Florida 32960, hereinafter referred to as "County" and Lutgert Vero, LLC, a Florida limited liability company, whose mailing address is 4200 Gulf Shore Boulevard North, Naples, FL 34103, hereinafter referred to as "Licensee". WITNESSETH: For and in consideration of the following covenants and agreements, the parties hereto state as follows: WHEREAS, Indian River County is the owner of the following described property, commonly referred to as Tracking Station Park, located in Indian River County, Florida (the County Parcel): See Exhibit "A", attached hereto and made a part hereof; and WHEREAS, Licensee is the owner of two parcels of real property that are adjacent to the County Parcel within the Town of Indian River Shores in Indian River County, described on Exhibit "B" attached hereto and made a part hereof (Development Property); and WHEREAS, Licensee intends to develop the Development Property as a residential community; and WHEREAS, the County Parcel is situated between the Development Property and the shoreline of the Atlantic Ocean; and 1 364 WHEREAS, Licensee has sought permission to enter upon the County Parcel to construct and maintain a path and dune -crossover which would serve as an amenity for the residents and guests of the Development Property and also be accessible by the public; NOW THEREFORE, in consideration of the mutual covenants, promises and agreements contained herein, the parties agree as follows: 1. The foregoing WHEREAS clauses are true and correct and incorporated herein as part of this Agreement. 2. The County hereby grants to Licensee a licem tp design, engineer, permit, construct and maintain a dune -crossover on the County Parcel at a location to be approved by the County in writing. Following construction, Licensee shall deliver to County "as -built" drawings of the dune cross-over, which shall include a location sketch. 3. The dune -crossover shall be open to the public for use during daylight hours. 4. The Licensee shall be responsible for performing limited; periodic maintenance on the County parcel only directly adjacent to and abutting the crossover and the path; consisting of removal of dead, fallen branches obstructing the pathway or the crossover, selective pruning of live branches interfering with the ingress/egress of the pathway or the crossover. Licensee shall not perform any other trimming, removal of vegetation or landscape maintenance on the County Parcel. 5. Under the direct supervision of a County environmental manager, Licensee may remove selected exotic plant species and replace the exotics with 2 365 native plant species so long as the removal is preapproved by the County in writing and confirmed in a field meeting conducted prior to any removal. 6. County agrees to allow Licensee to enter the County Parcel for the purposes described herein, provided: A. Licensee shall provide County with plans and specifications for a dune -crossover and public access path prior to commencement of construction. The crossover and access path shall be substantially similar to those found in other County beach parks. B. County shall have approved such plans and specifications, which approval shall not be unreasonably delayed or denied. C. Licensee shall be responsible to obtain all necessary governmental approvals and permits including a building permit. D. INDEMNITY. To the extent allowed by law, Licensee agrees to indemnify, defend and hold harmless the County, its officers, directors and employees (collectively, "Indemnified Persons"), from and against all claims and liabilities (including reasonable attorneys' fees and court costs) caused by or arising out of (i) Licensee's breach of any of its obligations, covenants, or warranties contained herein, or (ii) Licensee's acts or omissions with regard to the License. However, in the event of an Indemnified Person's contributory negligence or other fault, the Indemnified Person shall not be indemnified hereunder to the extent that the Indemnified Person's negligence or other fault caused such claim or liability. 3 366 E. INSURANCE. Licensee shall insure against property damage and bodily injury arising by reason of occurrences on or about the County Parcel in the amount of not less than $1,000,000.00. The insurance coverage provided for herein may be maintained pursuant to master policies of insurance covering Licensee's other properties. All insurance policies required to be maintained by Licensee hereunder shall be with responsible insurance companies, authorized to do business in Florida, and shall provide for cancellation only upon 30 days' prior written notice to County. Licensee shall evidence such insurance coverage by delivering to County, a copy of a certificate of insurance listing the County as an additional insured. 7. The Term of this License shall commence on the Effective Date and shall continue until terminated as follows: A. Upon disincorporation of the Licensee, at which time any improvements under this license shall become the property of County, unless a successor corporation or other entity approved in advance by the County enters into a substantially similar license agreement for the usage of the path and dune -crossover within ninety (90) days of disincorporation of Licensee. B. This license may also be terminated by County if Licensee, its members, or guests violate this Agreement and fails to correct the violation within a reasonable time after written notice from the County specifically describing the violation. Licensee may terminate this agreement upon sixty (60) days' written notice to Indian River County. F1 W 367 Any event of termination shall cause any and all improvements to become the property of Indian River County; 8. Licensee agrees to pay County $250.00 plus applicable sales tax on the Effective Date of this Agreement for the right of Licensee and its members and guests to utilize the dune -crossover, without excluding the general public from same, and to periodically cavy out the Dune Vegetation Maintenance Plan. 9. Licensee shall have the right to assign all of its rights and obligations under this license agreement to a Chapter 720 homeowners' association created for Licensee's Development Property ("Permitted Assignee"). 10. Licensee agrees that the County may make periodic Inspections of the path and dune -crossover. Licensee further agrees to correct any maintenance deficiencies which could have an adverse impact on health or safety within thirty (30) days of notification of any such deficiencies identified by a periodic inspection; 11. Licensee agrees that the path and crossover are created for the benefit and use of the public and that no signage discouraging their use shall be posted. Discouraging public use of the path or crossover shall be deemed a violation of this Agreement. 12. Residents or guests of the Development Property shall not store or keep anything on the County's property, including, but not limited to: beach chairs, fishing equipment or watercraft. 13. This license agreement shall be recorded In the Public Records of Indian River County, Florida. 368 IN WITNESS WHEREOF, County and Licensee have caused this agreement to be signed in their respective names. NTY CQr4 P,'+ BOARD OF COUNTY COMMISSIO)If!R •:o'i INDIAN RIVER COUNTY, FLORIDA ; BY: Bob Solari .,Ci1TaIfiMt .yF� QP.%r BCC Approved: ove�be� 20 2018 c�Urj�oP�. Attest: Jef "R: &nM, Cie* of Court and Comptroller Clerk Approved as to form and legal sufficiency ex= e, K - William K. De raal Deputy County Attorney 0 369 Witnesses: LUTGERT VERO, LLC Signature: 1 a By: / IWA Printed name: rq iJe c e MICHAEL T. HOYT Manager Signature:'. Printed name: L,\,r F'e rrl al0 STATE OF FLORj� COUNTY OF . JJ1 Ta#,g� fvregoin instrument was acknowledged before me this gay of .. ,W , 20 by Michael T. Hoyt, Manager, Lut ert Vero LLC with full -. authority to do so and who is personallyknown to me or produced as identification. NOTARY PUB Signature: ` Ci Printed name: U V�LP'R Commission No.: r(' Commission Expiration: NANCY L WESTBY f Notary Public, State of Florida i{ My Comm. Expires Oct. 22.2018 Comredesion No. FF 913122 7 370 ':.n 2{3. T094SHIP 32 SOUTH, RANGE 40 EAST EXHIBIT "A" ,'SET `1 OF 2 NOT VAUD WITHOUT THE SKETCH ON SHEET 2 OF 2 f. LEGAL DESCRIPTION: N (OFFICIAL RECORDS BOOK 363, PAGE 33) o THAT CERTAIN TRACT OR PARCEL OF LAND LOCATED IN GOVERNMENT LOT 1, SECTION 20, TOWNSHIP 32 SOUTH, RANGE 40 EAST IN INDIAN RIVER COUNTY, FLORIDA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: AS A POINT OF REFERENCE, COMMENCE AT THE SOUTHWEST CORNER OF SAID SECTION 20: RUN THENCE SBW45'25"E ALONG THE SOUTH LINE OF SAID SECTION 20, A DISTANCE OF 349.14 FEET TO A CONCRETE MONUMENT; THENCE NO713'15"E, 1000 FEET TO THE POINT OF BEGINNING OF m THE PROPERTY HEREBY CONVEYED; FROM SAID POINT OF BEGINNING, CONTINUE NOO'13'15"E, 350 FEET TO A POINT; THENCE 589'45'25"E, 90 FEET, MORE OR LESS, TO THE MEAN HIGH WATER UNE OF THE ATLANTIC OCEAN: THENCE MEANDER IN A SOUTHEASTERLY DIRECTION 375 FEET , MORE OR LESS, TO A UNE THAT IS PARALLEL AND 1000 FEET NORTH OF THE SOUTH LINE OF SAID SECTION 20: THENCE N89'45'25" W. 208 FEET, MORE OR LESS, TO A LINE THAT IS PARALLEL AND 349.14 FEET EAST OF THE WEST LINE OF SAID SECTION 20 AND THE POINT OF BEGINNING, CONTAINING 1.21 ACRES, MORE OR LESS. SURVEYORS NOTES: II w 1.) BEARINGS BASED ON THE ASSUMPTION THAT THE SOUTH LINE OF SECTjw, a' f S89'45'25"E PER THE DESCRIPTION AS RECORDED IN OFFICIAL RECORI B. 33- 4 LORIDA OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA- • �• tY �r ..... PROFESSIONAL SURVEYOR AND STEVE CARTECHINE FL CERTIFICATE OF AU DATE " GNA NOT VALID UNLESS SIGNED AND SEALED r 1t NO,: 17-255 SURVEY, INC. AL SURVEYING AND MAPPING STREET, VERO BEACH, FLORIDA 32960 9- 7880 ,:...:.::..: ::. ... ii,}, <, M ::< .. i. _.. . Cts & ESC PTION . 20, TOWNSHIP 32 SOUTH, RANGE 40 EAST THIS 1S NOT A SURVEY . .:..... .. (SCALE: 1" = 100') 2 OF 2 ----- \SHEET Lor x. � ; NOT VAUO 9YRHOUT TME LEGAL A� \ DESCRIPTION. ON SHEAT 1 of 2 _--� s �•` LOT 36 PEBBLE BEACH DE CLa%6NT NO. 2 I �.... t . PLAT BOOK 7 PAGE 63 LOT 35 PARca D i 32402000000001000003.0 TRACKING STA nav EAST BOUNDARY OF PEBBLE S ORB 610. PC 2136 'i BEACH DEVELOPMENT NO. 2 1 7 ------ I 589.525"E'; o. .... _� ----- ---- ----- - ---------------i - 1 901 �SOUTN BOUNDARY OF . PEBBLE BEACH! DEVELOPMENT NO. 2 _ SEC7701V 19 GOVT LOT 9 2 SECnav ZO GOVT LOT 1 to SECnON 19 GOVT LOT 10 w .. .. �LJ1 ZNZ 6 PARCEL ID O cin Se N 'z �_ A V U 32402000000001000002.1 v,, tD v PARCEL !D �} h ti 32402000000001000003.0 n Q W t• (TRACKING STAnON) 00 ORB 363, PG 33 in 5.0' WIDE PUBLIC ACCESS O J PARCEL t0 r324Q200pUb0001DOOW2.0 Z - 1 I PEBBLE BEACH VILLAS PARCEL !D g \ PARCEL ID \ a p 32401900015000000000.0 3240200000000100OOOS 1 POINT OF - (TRACKING STATION) ORB s1o. PG 2136 A lis h BEClMMNG \ y PAN= ID 72I0 1000006.0 0 o SW COf gR OF SWIM 20 2 souvi LM Of LHON 20 _ . I POINT OF DRyAWING NO.: 17-""!255 COMMENCEMEIV7 PREPARED BY: . INDIAN .RIVER <SRYEY. PROFESSIONAL: SURVEYING AND:. r 1835 20TH STREET,. VERO BEACH,., FLORIDA: 3 �B _ (7 2a 56044 3'1`2. Exhibit IIBII .. 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TaOre bx 109, tO k&-5AaMrIY 'fit -6f AI,,A, aMe6Nboh Wb$412j, Vtpi;. kljW feetmikt,ar, lesgta.Ihe'P6iiit- afBeginnlidg, LFSS.A.N-.D;WM13PT, tyq -ay.d Vdq iu lb to fiver toot yj IFI-q0tt, 373 RS INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Mark Vietze, MPO GIS Planner DATE: November 20, 2024 SUBJECT: Approval of a Public Transportation Grant Agreement (PTGA) with the Florida Department of Transportation (FDOT) for a Public Transportation Block Grant It is requested that the information herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 3, 2024. DESCRIPTION & CONDITIONS Each year, Indian River County receives public transportation operating assistance through the Florida Department of Transportation (FDOT) Public Transportation Block Grant program. The FDOT Block Grant funds are combined with local funds as a match towards federal transit operating assistance received under 49 USC Ch. 53, Section 5307 (also known as the Urbanized Area Formula Grant program) and Section 5311 (also known as the Rural Area Formula Grant program). These state and federal grant funds are passed through to the Senior Resource Association (SRA), Indian River County's designated transit service provider. SRA operates the GoLine (fixed -route) and the Community Coach (demand response) transit services. For FY 2024/25, $751,317 has been allocated through the state Block Grant program to the county. Because the Block Grant has a 50% match requirement, the county is required to provide a local match of $751,317. As was the case in previous years, matching funds will come from the County's normal transit allocation. Together, the Block Grant funds and local funds ($1,502,634) will be applied as a local/state match towards federal operating assistance through the Section 5307 program. ANALYSIS As with the FTA Section 5307 grant program, only public agencies may be designated recipients of Block Grant funds pursuant to state regulations. Also, activities funded with Block Grant funds must be consistent with applicable approved local government comprehensive and transit plans. In this case, the provision of transit service is consistent with the MPO's adopted 10 -year Transit Development Plan and 2045 Long Range Transportation P1an.To receive the Block Grant funds, C:\Granicus\Legistar5\L5\Temp\3268e310-4781-4ce4-a5ab-2e474c19898d.docx 1 374 the County must enter into a Public Transportation Grant Agreement with FDOT, a copy of which is attached to this staff report (Attachment #2). The attached resolution (Attachment #1) authorizes the Chairman of the Board of County Commissioners to execute the PTGA for Public Transportation Block Grant funds. Upon the Board's adoption of the resolution and the Chairman's execution of the PTGA, County staff will transmit the grant agreement 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. The grant agreement covers a two-year period and includes funding fop; the first year (FY 2024/25). Any unexpended funds in the first year will carry over to the remaining year of the agreement. FUNDING Funding, in the amount of $751,317, will be budgeted and available in the General Fund/Community Transportation Coordinator/ account (Account Number 00111041-088230- 54001) once the rollover budget amendment has been approved by the Board and posted. These funds are part of the allocation given to the Senior Resource Association to provide transit service in the county. Account Description Account Number Amount General Fund/Agencies/Community Transportation Coordinator/SRA 00111041-088230-54001 $751,317 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. MOT Public Transportation Grant Agreement 3. Grant Budget Form C:\Granicus\Legistar5\L5\Temp\3268e310-4781-4ce4-a5ab-2e474c19898d.docx 2 375 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, funding under the Florida Public Transit Block Grant Program may be used as a portion of the required funding match for grants under 49 USC Ch. 53, Section 5307; and WHEREAS, Indian River County intends to submit an FY 2024/25 application for funding assistance under 49 USC Section 5307, with the required funding match to come from local funds and an FY 2024/25 Florida Public Transportation Block Grant; and WHEREAS, Indian River County is eligible to receive grant funding under Section 341.052(1), Florida Statutes, and under 49 USC Ch. 53, Section 5307 and 49 USC 1614; and WHEREAS, the Florida Department of Transportation provides Public Transportation Block Grant funds to Indian River County to assist in the continuance and expansion of local public transportation services. NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS: That the Chairman of the Indian River County Board of County Commissioners is authorized to execute a Public Transportation Grant Agreement with the Florida Department of Transportation to obtain FY 2024/25 Florida Public Transportation Block Grant funding to be used as a partial match for operating assistance as part of the County's FY 2024/25 Section 5307 grant application. 2. That the Indian River County Planning and Development Services Director or his designee is authorized to furnish such additional information as the Florida Department of Transportation may require in connection with the County's FY 2024/25 Public Transportation Block Grant. The foregoing Resolution was offered by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Joseph E. Flescher Vice Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss C:\Granicus\Legistar5\L5\Temp\7e8ec9f3-cdac-4695-89a7-bc50646d8927.docx Page 1 of 2 376 RESOLUTION NO. 2024 - The Chairman thereupon declared the Resolution duly passed and adopted this 3"d day of December 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 Joseph E. Flescher, Chairman C:\Granicus\Legistar5\L5\Temp\7e8ec9f3-cdac-4695-89a7-bc50646d8927.docx Page 2 of 2 377 Financial Project Number(s): (item -segment -phase -sequence) 407190-6-84-01 Contract Number: CFDA Number: CFDA Title: CSFA Number: CSFA Title: N/A N/A 55.010 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION PUBLIC TRANSPORTATION GRANT AGREEMENT Form 725-000-01 STRATEGIC DEVELOPMENT OGC 10124 Fund(s): DDR; DPTO; LF FLAIR Category: 088774 Work Activity Code/Function: 215 Object Code: 751000 Federal Award Org. Code: 55042010429 Identification Number (FAIN) — Transit only: N/A Vendor Number: F596000674006 Federal Award Date: N/A Agency UEI Number: FB3SLJJZ38K9 Public Transit Block Grant 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) 341.052, 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 Block Grant funding for ooeratina assistance to Indian River Countv BOCC for its urbanized area of Indian River, 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 B3: Alternative Advanced Pay (Transit Bus Program) _ "Exhibit C: Terms and Conditions of Construction X Exhibit D: Agency Resolution X Exhibit E: Program Specific Terms and Conditions X_ Exhibit E1: Prohibition Based on Health Care Choices X Exhibit E2: Exterior Vehicle Wrap, Tinting, Paint, Marketing and Advertising (Transit) 378 Page 1 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10/24 X Exhibit F: Contract Payment Requirements X *Exhibit G: Audit Requirements for Awards of State Financial Assistance *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, 2026. If the Agency does not complete the Project within this time period, this Agreement will expire unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of this Agreement. Expiration of this Agreement will be considered termination of the Project. The cost of any work performed prior to the Effective Date or after the expiration date of this Agreement will not be reimbursed by the Department. a. _ If this box is checked the following provision applies: Unless terminated earlier, work on the Project shall commence no later than the _ day of _, or within _ days of the issuance of the Notice to Proceed for the construction phase of the Project (if the Project involves construction), whichever date is earlier. The Department shall have the option to immediately terminate this Agreement should the Agency fail to meet the above -required dates. 7. Amendments, Extensions, and Assignment. This Agreement may be amended or extended upon mutual written agreement of the Parties. This Agreement shall not be renewed. This Agreement shall not be assigned, transferred, or otherwise encumbered by the Agency under any circumstances without the prior written consent of the Department. 8. Termination or Suspension of Project. The Department may, by written notice to the Agency, suspend any or all of the Department's obligations under this Agreement for the Agency's failure to comply with applicable law or the terms of this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected. a. Notwithstanding any other provision of this Agreement, if the Department intends to terminate the Agreement, the Department shall notify the Agency of such termination in writing at least thirty (30) days prior to the termination of the Agreement, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. b. The Parties to this Agreement may terminate this Agreement when its continuation would not produce beneficial results commensurate with the further expenditure of funds. In this event, the Parties shall agree upon the termination conditions. c. If the Agreement is terminated before performance is completed, the Agency shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed the equivalent percentage of the Department's maximum financial assistance. If any portion of the Project is located on the Department's right-of-way, then all work in progress on the Department right-of-way will become the property of the Department and will be turned over promptly by the Agency. d. In the event the Agency fails to perform or honor the requirements and provisions of this Agreement, the Agency shall promptly refund in full to the Department within thirty (30) days of the termination of the Agreement any funds that were determined by the Department to have been expended in violation of the Agreement. 379 Page 2 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGc 10/24 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: The estimated total cost of the Project is $1,502,634. 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 $751,317 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. 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. Supporting Documentation. Supporting documentation must establish that the deliverables were received and accepted in writing by the Agency and must also establish that the required minimum standards or level of service to be performed based on the criteria for evaluating successful completion as specified in Exhibit "A", Project Description and Responsibilities has been met. All costs invoiced shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in proper detail the nature and propriety of charges as described in Exhibit "F", Contract Payment Requirements. e. Travel Expenses. The selected provision below is controlling regarding travel expenses: X Travel expenses are NOT eligible for reimbursement under this Agreement. Travel expenses ARE eligible for reimbursement under this Agreement. Bills for travel expenses specifically authorized in this Agreement shall be submitted on the Department's 380 Page 3 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Dcc 10/24 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. f. 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. 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. 381 Page 4 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 1 D12 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." Agency Obligation to Refund Department. Any Project funds made available by the Department pursuant to this Agreement that are determined by the Department to have been expended by the Agency in violation of this Agreement or any other applicable law or regulation shall be promptly refunded in full to the Department. Acceptance by the Department of any documentation or certifications, mandatory or otherwise permitted, that the Agency files shall not constitute a waiver of the Department's rights as the funding agency to verify all information at a later date by audit or investigation. p. Non -Eligible Costs. In determining the amount of the payment, the Department will exclude all Project costs incurred by the Agency prior to the execution of this Agreement, costs incurred after the expiration of the Agreement, costs that are not provided for in Exhibit "A", Project 382 Page 5 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 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 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 383 Page 6 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000.01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10/24 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 384 Page 7 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT VELOPMENT GRANT AGREEMENT OGC10/24 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 385 Page 8 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT Occ 10/24 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. ii. In connection with the audit requirements, the Agency shall fulfill the requirements relative to the auditee responsibilities as provided in 2 CFR Part 200, Subpart F — Audit Requirements. iii. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards, the Agency is exempt from Federal audit requirements for that fiscal year. However, the Agency must provide a single audit exemption statement to the Department at FDOTSingleAudit(a)dot.state.fl.us no later than nine months after the end of the Agency's audit period for each applicable audit year. In the event the Agency expends less than the threshold established by 2 CFR Part 200, Subpart F — Audit Requirements, in Federal awards in a fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F — Audit Requirements, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must be paid from the Agency's resources obtained from other than Federal entities). iv. The Agency must electronically submit to the Federal Audit Clearinghouse (FAC) at https://harvester.census.gov/facweb/ the audit reporting package as required by 2 CFR Part 200, Subpart F — Audit Requirements, within the earlier of 30 calendar days after receipt of the auditor's report(s) or nine months after the end of the audit period. The FAC is the repository of record for audits required by 2 CFR Part 200, Subpart F — Audit Requirements. However, the Department requires a copy of the audit reporting package also be submitted to FDOTSingleAudit(aD-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. 386 Page 9 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10/24 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(@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: 387 Page 10 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc10/2a 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. 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 FDOTSingleAudit(cDdot.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(a)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 388 Page 11 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 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: 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. 389 Page 12 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10/24 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. h. 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, 390 Page 13 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION DEVELOPMENT EVELOPMENT GRANT AGREEMENT OGc 10t24 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, to the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, 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. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the Department's or the Agency's sovereign immunity. 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 391 Page 14 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGC 10/24 proprietorships, or partners are covered by insurance required under Florida's Workers' Compensation law. c. If the Agency elects to self -perform the Project, then the Agency may self -insure. If the Agency elects to hire a contractor or consultant to perform the Project, then the Agency shall carry, or cause its contractor or consultant to carry, Commercial General Liability insurance providing continuous coverage for all work or operations performed under this Agreement. Such insurance shall be no more restrictive than that provided by the latest occurrence form edition of the standard Commercial General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The Agency shall cause, or cause its contractor or consultant to cause, the Department to be made an Additional Insured as to such insurance. Such coverage shall be on an "occurrence" basis and shall include Products/Completed Operations coverage. The coverage afforded to the Department as an Additional Insured shall be primary as to any other available insurance and shall not be more restrictive than the coverage afforded to the Named Insured. The limits of coverage shall not be less than $1,000,000 for each occurrence and not less than a $5,000,000 annual general aggregate, inclusive of amounts provided by an umbrella or excess policy. The limits of coverage described herein shall apply fully to the work or operations performed under the Agreement, and may not be shared with or diminished by claims unrelated to the Agreement. The policy/ies and coverage described herein may be subject to a deductible and such deductibles shall be paid by the Named Insured. No policy/ies or coverage described herein may contain or be subject to a Retention or a Self -Insured Retention unless the Agency is a state agency or subdivision of 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: 392 Page 15 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10/24 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. Afacsimile 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). L 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 393 Page 16 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-01 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT OGc 10124 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: 394 Page 17 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10124 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)): This agreement provides for the department's participation in the agency's operational expenses using the State Block Grant funds for costs associated with the fixed route transit system. The funding provides fifty percent (50%) of the total project cost. B. Project Location (limits, city, county, map): Indian River County BOCC/Vero Beach, FL/Indian River C. Project Scope (allowable costs: describe project components, improvement type/service type, approximate timeline, project schedule, project size): Provide public bus transit services to people in the urbanized area within Vero Beach in accordance with the requirement of the state public transit block grant program procedure 725.030.020 and the provision of this agreement. D. Deliverable(s): 1) Submit a copy of the National Transit Data base (Section 5335) report, or FTA acknowledgement letter as soon as available. 2) Submit the performance measure report for approval as identified in Table A-1 (Required Performance Measure for Newspaper Publication) of FDOT Procedure 725-030-030 by September 15th of each year. 3) Submit the publisher's affidavit from the newspaper covering the transit service area. The affidavit must show that the performance measures as identified in Table A-1 (Required Performance Measure for Newspaper Publication) of FDOT Procedure 725-030-030 were published each year after the Department written approval. 4) Submit a copy of the Transit Development Plan (TDP) annual progress report or updates each year. 5) Submit quarterly progress reports including ridership, goals, and milestones via TransCIP by logging into http://www2.transcip.com 6) Submit an invoice on the project at least every quarter. The agency shall upload a copy of the invoice in the format provided by the Department to TransCIP and email the original to D40MDID@dot.state.fl.us for processing. 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. 395 Page 18 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10124 EXHIBIT B Schedule of Financial Assistance TRANSIT OPERATING ONLY FUNDS AWARDED TO THE AGENCY PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: A. Fund Type and Fiscal Year: Financial Fund FLAIR State Object CSFA/ CSFAICFDA Title or Funding Project Type Category Fiscal Code CFDA Funding Source Description Amount Number Year Number 407190-6-84-01 DDR 088774 2025 75100 Public Transit Block Grant Funding $723,198.00 407190-6-84-01 DPTO 088774 2025 75100 Public Transit Block Grant Funding $28,119.00 LF $751,317.00 Total Financial Assistance $1,502,634.00 B. Operations Phase - Estimate of Project Costs by Budget Category: * 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 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 396 Page 19 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION DEVELOPMENT EVELOPMENT GRANT AGREEMENT EXHIBITS OGO 10124 EXHIBIT D AGENCY RESOLUTION PLEASE SEE ATTACHED 397 Page 20 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10/24 EXHIBIT E PROGRAM SPECIFIC TERMS AND CONDITIONS — TRANSIT (For State Block Grant Only) This exhibit forms an integral part of the Agreement between the Department and the Agency. 1. Statutory Reference. Section 341.052, F.S. 2. Eligibility. The Department shall provide block grant funds for eligible capital and operating costs of public bus transit and local public fixed guideway projects. Eligibility of this Agency to receive grant funding is provided in Section 341.052(1), F.S., and Sections 5307 and 5311 of the Federal Transit Act, 49 U.S.C. 5307, and 49 U.S.C. 5311 respectively. a) Eligible transit capital costs means any costs that would be defined as capital costs by the Federal Transit Administration. b) Eligible transit operating costs are the total administrative, management, and operation costs directly incident to the provision of public bus transit services, excluding any depreciation or amortization of capital assets. 3. Local Revenue Limits. Block grant funds shall not exceed local revenue during the term of this Agreement. Local revenue is defined as the sum of money received from local government entities to assist in paying transit operation costs, including tax funds, and revenue earned from fare box receipts, charter service, contract service, express service and non - transportation activities. 4. Supplanting Local Tax Revenue. Block grant funds shall not supplant local tax revenues made available for operations in the year immediately preceding this Agreement. 5. State Participation. State participation in eligible public transit operating costs may not exceed fifty (50) percent of such costs or an amount equal to the total revenue, excluding farebox, charter, and advertising revenue and federal funds, received by the provider for operating costs, whichever amount is less. 6. Required Budget. The Agency shall provide the Department with two (2) copies of its most current adopted budget by March 1. Unless the adopted budget uses a format consistent with the National Transit Database (NTD) report, the copy provided to the Department will indicate how the projections for total local revenue, local tax revenue made available for operations, and depreciation and amortization costs, as they will appear in the NTD report, can be identified. 7. Required Publication of Productivity and Performance Measures. The Agency shall publish in the local newspaper of its area, in the format prescribed by the Department, the productivity and performance measures established for the transit providers most recently completed fiscal year and the prior fiscal year. This report shall be approved by the Department prior to its publication. This report shall be submitted to the Department no later than November 15 of each year, and published either by December 31 or no later than twenty-eight (28) calendar days of the Department's written approval of the report. The Agency shall furnish an affidavit of publication to the Department within twenty eight (28) calendar days of publication. Annual Plan or Update. The Agency shall submit a Transit Development Plan (TDP) or annual update to the Department by September 1 of each year. a) As a separate part of the transit development plan or annual report, the Agency will address potential enhancements to productivity and performance which would have the effect of increasing farebox ratio pursuant to Section 341.071(2), F.S. 398 Page 21 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGC 10124 b) A TDP shall conform to the requirements in Rule 14-73, available at: http://fac.dos.state.fl.us/faconline/chapterl4.pd . 9. Safety Requirements. Mark the required Safety submittal or provisions for this Agreement if applicable: Bus Transit System — 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 that the Agency has adopted and is complying with its adopted System Safety and Security Program Plan pursuant to Rule Chapter 14-90 and has performed annual safety inspections of all buses operated. Fixed Guideway Transportation System (established) — In accordance with Section 341.061, F.S., the Agency shall submit, and the Department shall have on file, annual certification by the Agency of compliance with its System Safety and Security Program Plan, pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Fixed Guideway Transportation System — This applies to New Starts projects and subsequent major projects to extend, rehabilitate, or modify an existing system, or to replace vehicles and equipment. In accordance with Section 341.061, F.S., the Agency shall submit a certification attesting to the adoption of a System Safety Program Plan pursuant to Rule 14-15.017 and the "Safety and Security Oversight Program Standards Manual", DOT Topic Number 725-030-014. Prior to beginning passenger service operations, the Agency shall submit a certification to the Department that the new start system or major modification to an existing system is safe for passenger service. Not Applicable. 10. Transit Vehicle Inventory Management. The agency will follow the Department's Transit Vehicle Inventory Management Procedure (725-030-0251), 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. This may include vehicles purchased under the State Transit Block Grant Program, State Transit Corridor Program, State Transit Service Development Program, or other applicable Departmental programs. 11. Formula Information. As authorized in Section 341.052, F.S., the annual appropriation in the program is divided by formula and then distributed to each eligible transit system. The formula described below is adjusted each year based on data received from the transit systems' federally required National Transit Data (NTD) report. A copy of the NTD report is required to be sent to the Department each year. Distribution is accomplished through a multiple step process. 15% of the appropriation is given to the Commission for the Transportation Disadvantaged to be distributed to the Community Transportation Coordinators in accordance with Chapter 427, F.S. The remaining 85% is divided into three equal portions. Each eligible transit system gets a percentage of the first portion based on their percentage of total population served; the second portion is allocated based on their percentage of total revenue miles of service provided; and the third portion is allocated based on their percentage of total passengers carried. The total from all three portions is the total available allocation for each eligible transit system in the state. -- End of Exhibit E -- 399 Page 22 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS occ 10/24 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. 2. 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: a. A public transit provider as defined in s. 341.031 (1), F.S.; b. An authority created pursuant to chapter 343, F.S., chapter 348, F.S., or chapter 349, F.S.; c. A public -use airport as defined in s. 332.004, F.S.; or d. A port listed in s. 311.09(1), F.S. - End of Exhibit E1 - 400 Page 23 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10/24 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, teased, 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 - 401 Page 24 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Forth 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10/24 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 c.hecks 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.mvfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExpenditures.pdf. 402 Page 25 of 26 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form 725-000-02 PUBLIC TRANSPORTATION STRATEGIC DEVELOPMENT GRANT AGREEMENT EXHIBITS OGc 10/24 EXHIBIT G AUDIT REQUIREMENTS FOR AWARDS OF STATE FINANCIAL ASSISTANCE THE STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: SUBJECT TO SECTION 215.97, FLORIDA STATUTES:— Awarding Agency: Florida Department of Transportation State Project Title: Public Transit Block Grant Program CSFA Number: 55.010 *Award Amount: $751,317 *The award amount may change with amendments Specific project information for CSFA Number 55.010 is provided at: https://apps.fldfs.com/fsaa/searchCatalog.aspx COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT: State Project Compliance Requirements for CSFA Number 55.010 are provided at: https://apps.fldfs.com/fsaa/searchCompliance.aspx The State Projects Compliance Supplement is provided at: https://apps.fldfs.com/fsaa/compliance.aspx GRANT NAME: Florida Public Transportation Block Grant GRANT #: NA AMOUNT OF GRANT: $751,317 DEPARTMENT RECEIVING GRANT: Planning and Development Services (pass through to Senior Resource Association) CONTACT PERSON: Mark Vietze PHONE #: (772) 226-1222 1. How long is the grant for? Three Years Starting Date: November 30, 2026 Description Position Position Position Position Position 2. Does the grant require you to fund this function after the grant is over? Yes X No 3. Does the grant require a match? X Yes No If yes, does the grant allow the match to be In Kind Services? Yes No 4. Percentage of grant to match: 50 % Retirement Contributions 5. Grant match amount required: $ 751,317 Life and Health Insurance 6. Where are the matching funds coming from (i.e. In Kind Services, Reserve for Contingency? Worker's Compensation N/A Soc. Sec. Medicare Matching 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.) Fifth Year Acct. Description Position Position Position Position Position 011.12 Regular Salaries 011.13 Other Salaries & Wages PT 012.11 Social Security 012.12 Retirement Contributions 012.13 Life and Health Insurance 012.14 Worker's Compensation 012.17 Soc. Sec. Medicare Matching $ TOTAL 9. What is the total cost of each position including benefits, capital, start-up, auto expense, travel, and operating? Salaries and Benefits Operating Costs Capital Total Costs 10. What is the estimated cost of the grant to the County over three years? $751,317 404 Grant Amount Other Matching Costs Match Total First Year $751,317 $ $751,317 (County Match) $1,502,634 Second Year $ $ $ $ Third Year $ $ $ $ Fourth Year $ $ $ $ Fifth Year $ $ $ $ 404 8 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator PREPARED BY: Chris Balter, Planning & Development Services Director DATE: November 20, 2024 SUBJECT: Final 2024 Urban Service Boundary (USB) Study It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 03, 2024. BACKGROUND Indian River County selected Inspire Placemaking Collective, Inc. ("Inspire") to study the County's current Urban Service Boundary (USB). The USB study commenced with considerable dialogue between Inspire and staff either in writing or via virtual meetings. Also, County staff, in partnership with Inspire, hosted public engagement opportunities, including multiple in-person workshops as well as an online survey and a project -specific website. After thorough evaluation, including insight and recommendations from staff and the public engagement opportunities, reviewing historical trends and fresh data which included an in-depth population project Inspire provided a draft USB report to staff. On October 30, 2024, Inspire and staff presented the draft 2024 USB study and associated recommendations to the Board of County Commissioners (BCC) at a special call workshop. After discussion and input from the BCC, Inspire provided the final 2024 USB study and recommendations to staff for final acceptance by the BCC. It should be noted that the final USB recommendations were reduced from five total recommendations to four total recommendations (with the recommendation #3 being tabled for future discussion), based on direction provided by the BCC at the October 30, 2024, special call workshop. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the final 2024 Urban Service Boundary (USB) study and the associated recommendations. ATTACHMENT 1. Final 2024 Urban Service Boundary (USB) Study (This document is available online. A printed version is available for review at the Board of County Commission Office). 405 4511 1/23/2025 • Established in 1990 and identified in the Comprehensive Plan • Also known as the Urban Service Area • Area where the County provides urban facilities: • Water/ Sewer • Roads • Parks • Stormwater /Drainage • Also serves as urban growth boundary • Inside the boundary is urban (higher densities) • Outside the boundary is rural (max. 1 DU / 5 acres) • Purpose of the USB: • Reduces urban sprawl • Functions as urban growth boundary • Maintains rural character of land outside of the USB • Allows for cost-effective provision of public infrastructure 45- 2 1/23/2025 Legend 0 11,10120000 3 A AIK [ -' Urroao Sery ce A— • • 1 1r ch = 20,000 Feel . MICCO RD Ildl- R -ver Ccunty ®SurrouMln9 Ccunty. Mun Wal7 Parcel \ R EVA RO COUNTY F —Ales Rcac 1 TFRS u. "O KE FCNOB• COUNTY, _ _ S F 1 \ S.T. LUCIE COUNTY �1� t I 1/23/2025 Population Projections PGpulatlon T, n&- "' 68% Unincorporated 116 f6 • 11.07% Seasonal Constant M 3e0 1 21 91 ,e 23 Unincorporated Population: sw��..us-c.�.w. a«.«,. raro-xoxa; eseR.ApJ zona Table 2 Se—nal Population Estimate 11 4, 707 a.i w.Ruaear Po warw�ror _. • 2050 Projected Unincorporated tP da ' Population: 157,405. naar � Pecr.aa«�u «paca.bnai ,< r V I w-a-wmr• 66 • Increase in Population 2023 — 2050: 42,698 residents (Medium) Table 3. Population Projections for the Indian River Cound.Unlncorporated Area (Assuming SM Unincorporated &U07r6 Seasonal Constant) Study Area 0 1 2 4V-� Legend A v SrEo� �IMIanW AREAS ' 1 in = 4 miles AIA �surmund'n&Coanb' WICCO RO' Muni dpallly j Ol HRFVARP COV7 ). g Pena - Malor Roatl. Urben Servire Area rca N«th S -y A— ry C " I slr tly Area ce" Study Area: 151,176 42pZ acres .:+ Unincorporated and within USB: 42,659 acres } 'W RSA yam? , i Unincorporated and -- i outside of the USB: _ 2 41,070 acres u Incorporated: 40,460 acres L3 No assigned parcels: y 26,987 acres R ---------------- Population Projections PGpulatlon T, n&- "' 68% Unincorporated 116 f6 • 11.07% Seasonal Constant M 3e0 1 21 91 ,e 23 Unincorporated Population: sw��..us-c.�.w. a«.«,. raro-xoxa; eseR.ApJ zona Table 2 Se—nal Population Estimate 11 4, 707 a.i w.Ruaear Po warw�ror _. • 2050 Projected Unincorporated tP da ' Population: 157,405. naar � Pecr.aa«�u «paca.bnai ,< r V I w-a-wmr• 66 • Increase in Population 2023 — 2050: 42,698 residents (Medium) Table 3. Population Projections for the Indian River Cound.Unlncorporated Area (Assuming SM Unincorporated &U07r6 Seasonal Constant) Carrying Capacity • 10,223 acres of vacant land • 1,486 acres of lakes and wetlands • 8,736 acres of developable land 32,998 max FLU units • 23,098 estimated units (70%) • 51.049 population capacity (2.21 per househo Carrying Capacity • Population projections show growth. of 42,698 residents through the year 2050 • Current FLU map and USB can accommodate an additional 51,049 residents at buildout Maximum Population Capacity Based on Projected Population Growth Land Use (2050) 51,049 people 42,698 people • There is enough capaci with! accommodate population prod 1/23/2025 415- 5 1/23/2025 Targeted USB Expansion: Evaluate a selective USB expansion near the Oslo Road/1-95 interchange. While the current USB can support projected 2050 populations, expanding the boundary in this area could address potential growth due to increased development pressures. Analyze property ownership patterns, environmental constraints like wetlands, and infrastructure capacity to accommodate growth without compromising natural resources. Board of County Commissioners' Direction: The Board recognized the potential impact of the new Oslo Road interchange and recommended further study of the Oslo Road / 1-95 intersection and Oslo Road east toward U.S. 1. The Board directed staff to accelerate a small area study in that location to take into consideration compatibility, impacts to the adjacent rural areas, and the need . for job creation. 1/23/2025 Interlocal Service Agreements: Negotiate Interlocal Service Boundary Agreements (ISBAs) or Joint Planning Area (JPA) agreements with neighboring cities, Sebastian and Fellsmere. These agreements should align municipal service provisions and annexation processes, streamlining development efforts and addressing land use conflicts, particularly in enclave areas. This promotes a coordinated regional growth strategy. Board of County Commissioners' Direction: The Board directed the County Attorneyto contact both Sebastian and Fellsmere to gauge the desire to work together on either an ISBA or JPA to govern the former annexation reserve areas that were previously contemplated by the parties. The Board recognized that this would likely be a longer-term effort and if it moves forward, it would be after the adoption of the County's Evaluation and Appraisal Report (EAR) Based Amendments. USB Expansion for Affordable Housing: Create policies that allow USB expansions for developments that meet certified affordable housing criteria, provided they are located near existing USB lines. This would target housing for low- to moderate -income residents and help alleviate the county's affordable housing shortages without displacing current residents or burdening services. Board of County Commissioners' Direction: This policy direction was discussed, and the Board did not recommend moving forward with it at this time. It was therefore tabled for future discussion. 1/23/2025 Policy for Bisected Properties: Establish guidelines to include properties partially within the USB as fully within it, if they were split by the boundary prior to the Comprehensive Plan's adoption. This would prevent arbitrary restrictions on property use, while ensuring protections for environmentally sensitive lands through zoning and conservation measures. Board of County Commissioners' Direction: The Board directed staffto create a policy and detailed list and map of affected properties to be considered during the EAR Based Amendment process. r q. Increased Densities for Affordable Housing: Develop policies that allow for higher residential densities within the USB specifically for certified affordable housing projects. This approach would help meet housing demands within urbanized areas while limiting the need for future boundary expansions, thus protecting rural and undeveloped lands. Board of County Commissioners' Direction: The Board discussed these policies and provided the direction to move forward with establishing them separate and apart from the USB process. The Board directed staff to address these policies through the Affordable Housing Advisory Committee (AHAC) process. 1/23/2025 4[)5 - 9 INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator PREPARED BY: Chris Balter, Planning & Development Services Director DATE: November 20, 2024 SUBJECT: Final 2024 Comprehensive Plan Evaluation and Appraisal Report (EAR) It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of December 03, 2024. BACKGROUND Indian River County selected Kimley-Horn & Associates, Inc. (`Kimley-Hornl to provide a Comprehensive Plan Evaluation and Appraisal Report (EAR) for the County§ current 2030 Comprehensive Plan. The EAR process commenced with considerable dialogue between Kimley- Horn and staff either in writing or via virtual meetings. Also, County staff, in partnership with Kimley-Horn, hosted public engagement opportunities, including multiple workshops online and in- person as well as an online survey and interactive map. After thorough evaluation, including insight and recommendations from staff and the public engagement opportunities, reviewing historical trends and fresh data for most of the Comprehensive Plan Elements, Kimley-Horn provided a draft EAR to staff. The draft EAR included line by line recommendations to keep, revise, or remove each goal, objective, and policy from the current 2030 Plan. On November 12, 2024, Kimley-Horn and staff presented the draft 2024 EAR to the Board of County Commissioners (BCC) at a special call workshop. After discussion and input from the BCC, Kimley- Horn provided the final 2024 EAR to staff for final acceptance by the BCC. RECOMMENDATION Staff recommends that the Board of County Commissioners accept the final 2024 Comprehensive Plan Evaluation & Appraisal Report (EAR). ATTACHMENT (These documents are available online. A printed version is available for review at the Board of County Commission Office). 1. Final 2024 Comprehensive Plan Evaluation and Appraisal Report (EAR) 2. Appendix A Summary Matrix Recommendations 3. Appendix B. Public Engagement Summary 406 �q 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 FROM: Kirstin Leiendecker, P.E., Asst. Public Works Director SUBJECT: Work Order No. 15 - Kimley-Horn and Associates, Inc. 8th Street Reconstruction from 66th Ave to 82nd Ave (IRC -2316) DATE: November 71 2024 DESCRIPTION AND CONDITIONS On May 2nd, 2023, the Board of County Commissioners approved the Continuing Consulting Engineering Service Agreement for Professional Services with Kimley-Horn and Associates, Inc. The purpose of Work Order No. 15 is to provide survey, and geotechnical investigation, roadway & drainage design, and permitting services for the proposed roadway reconstruction to be made to 8th Street between 66th Avenue and 82nd Avenue. The County is improving 8th Street to a 2 -lane rural roadway with paved shoulders between 66th Avenue and 82nd Avenue, approximately 10,560 linear feet. The Florida Department of Transportation (FDOT) has completed a new bridge at the intersection of 74th Avenue and 8th Street (CR 612/8 1h Street over Lateral Canal C — MP 0.911 to MP 1.091) and this project will tie into the bridge approach road construction east and west of the new bridge pavement. Kimley -Horn and Associate's Work Order No. 15 is for a total lump sum amount of $753,561.00. FUNDING Funding, in the amount of $753,561, for Work Order No.15 will be programmed into the upcoming FY24/25 CIE to be funded from the Optional Sales Tax/Road & Bridge/8th Street Reconstruction -66th to 74th account, number 31521441-066510-23009. Account Number Account Description Amount 31521441-066510-23009 1 Optional Sales Tax/Road & Bridge/8th Street Reconstruction -66th to 7411 1 $753,561 RECOMMENDATION Staff recommends approval of Work Order No. 15 to Kimley-Horn and Associates, Inc., authorizing the professional services as outlined in the Scope of Services and requests the Board authorize the Chairman to execute Work Order No. 1S on their behalf for a lump sum amount of $753,561.00. C:\Granicus\Legistar5\L5\Temp\fdd4600f-763c-4439-95f9-01899b2d81a9.doc 407 PAGE TWO BCC Agenda Item WO No. 15 — KHA - 8th Street Reconstruction from 66th Ave to 82nd Ave (IRC -2316) For December 3, 2024 ATTACHMENTS Kimley-Horn Work Order 15 AGENDA ITEM FOR DECEMBER 3, 2024 C:\G ran i—\Leg istar5\L5\Temp\fdd4600f-763c-4439-95f9-01899b2d408 ENGINEERING SERVICES WORK ORDER 15 This Work Order Number 15 is entered into as of this _ day of , pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Kimley-Horn & Associates, Inc. ("Consultant"). The COUNTY has selected the Consultant to perform the professional services set forth on Exhibit A (Scope of Work), attached to this Work Order and made part hereof by this reference. The professional services will be performed by the Consultant for the mutually agreed upon lump sum or maximum amount not -to -exceed professional fee. Any additional costs must be approved in writing, and at a rate not to exceed the prices set forth in Exhibit B of the Agreement (Rate Schedule) for RFQ 2023015, made a part hereof by this reference. The Consultant will perform the professional services within the timeframe more particularly set forth in Exhibit A (Time Schedule), attached to this Work Order and made a part hereof by this reference all in accordance with the terms and provisions set forth in the Agreement. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Work Order as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSONERS OF INDIAN RIVER COUNTY: By:_ Name: Title: BCC Approval Date: By: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: By: Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) 409 Work Order No. XX 811 Street Roadway Improvements — 66th Avenue to 82nd Avenue EXHIBIT A — SCOPE OF WORK The County desires to improve 8th Street to a 2 -lane rural roadway with paved shoulders between 66th Avenue and 82nd Avenue, approximately 10,560 linear feet. A 10' wide multi -use path along the northern right of way limit will be planned to be integrated into the overall design. The existing right-of-way varies in width between 60 to 95 ft. It is anticipated that either right-of-way acquisition or alternative roadway sections will need to be developed to complete the improvement corridor. The County owns a parcel in the southeast quadrant of the 8th Street/74th Avenue intersection. This parcel will be evaluated for the purpose of providing a stormwater management facility to serve the roadway improvements. A. Topographic Design Survey: The Consultant will provide topographic design survey services necessary to support and facilitate contemplated design and permitting activities associated with this project. This task will consist of the preparation of digital base map topographic surveys in accordance with the Standards of Practice, established by the Board of Professional Surveyors and Mappers, Chapter 5J-17, Florida Administrative Codes, pursuant to current Section 472.027, Florida Statutes, per 5J-17.050 through 5J-17.052. The survey will include: The survey will include: 1. Establishment of a project wide Horizontal Control Network within the PROJECT LIMITS. A Design Survey Baseline will be established and monumented. A minimum of five Design Survey Baseline monuments will be installed. 2. Establishment of a project wide Vertical Control Network within the PROJECT LIMITS. All elevations will be referenced to NAVD 1988 datum. The limits of the topographic design survey are as follows: 8th Street - between 66th Avenue and 82nd Avenue, approximately 10,560 linear feet. Topographic survey shall extend no less than 20 feet beyond the right-of- way. B. Geotechnical Investigation: The Consultant will retain the services of a Geotechnical sub -consultant to assist in evaluating the existing soil and roadway pavement conditions. The Geotechnical sub - consultant will provide the following Geotechnical Services: Page 2 of 9 410 Work Order No. XX 811 Street Roadway Improvements — 66" Avenue to 82nd Avenue The field program will include conducting three (3) Standard Penetration Test (SPT) borings to 25 feet (pond site) and five (5) auger borings to 10 feet at accessible locations to our truck -mounted drill rig. We will also conduct 45 hand auger borings to 6 feet at the vicinity of the locations provided by the engineer. The SPT borings will be drilled using a procedure similar to the Standard Penetration Test outlined in ASTM D-1586 and will be sampled at 18 -inch or 24 -inch intervals to 10 feet deep and at 5 -foot intervals below 10 feet. The auger borings will be drilled to a depth of 10 feet below existing ground surface at the requested locations and will be performed using a 4 -inch diameter, truck mounted continuous -flight auger. The hand auger borings will be performed using a 3 -inch diameter, hand-held bucket auger. Each sample will be removed from the sampler or auger in the field and then examined and visually classified by crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. We will also perform a series of muck probes within the existing canal on the north and south sides of the 8th Street between 66th Avenue and 82nd Avenue that may be incorporated in the proposed roadway improvements. The muck probes will be performed by pushing a steel rod into the ground and measuring the approximate thicknesses of accumulated soft sediment at the bottom and sides of the canals. We will also install six (6) piezometer wells by inserting slotted 2 -inch diameter PVC well casings within the completed boreholes and backfilling the annulus with soil cuttings. Each well would be installed using a 3 -inch diameter, hand-held bucket auger to a maximum depth of 10 feet below existing ground surface. The locations for the piezometer wells will be selected by the client. Also, the piezometers standing above the existing ground surface will be painted orange or red. The groundwater level will be measured and recorded within the piezometers once per week for a period of 90 days. We recommend that the project surveyor locate our boring/well locations horizontally and vertically (i.e., determine the elevation of the ground surface at the boring locations). This information will increase the accuracy of the data obtained. In addition, six South Florida Water Management District (SFWMD) exfiltration tests will be performed to obtain soil hydraulic conductivity values for others to use in the design of stormwater facilities. The exfiltration test will be performed in accordance with the methods described in the SFWMD Permit Information Manual, Volume IV. Page 3 of 9 411 Work Order No. XX 811 Street Roadway Improvements — 6611 Avenue to 82,d Avenue LABORATORY TESTING Routine laboratory visual classification will be performed along with specific classification tests deemed necessary (i.e., percent fines). All laboratory tests will be performed in general accordance with applicable ASTM standards. ENGINEERING REPORT Soil stratigraphy and groundwater level data collected during the exploration will be presented in a written report upon completion of the study. We will provide a general discussion of the drainage characteristics of the soils encountered, an estimate of the normal seasonal high groundwater level at the boring/piezometer locations, and the hydraulic conductivity test results at the requested boring locations. C. Construction Documents: The Construction plan set shall consist of the following: PHASE SUBMITTALS 30% 60% 90% 100% Cover Sheet (Location map, Project Length, Engineer of Record) P C F F General Notes P C C F Summary of Pay Items/Quantities P P C F Horizontal and Vertical Control Sheets (Benchmarks, Reference Points, Section C C F Corners) Project Layout P C C F Plan & Profile Sheets (40 scale) P C C F Cross Sections at approximately 100 ft intervals, extending 10'beyond proposed right-of-way (1"=5' Vertically, C C F 1"=20'Horizontally) Special Details P C F Signage & Pavement Marking Plans (40 scale) Included in Plan Sheets P P C F Construction Cost Estimate and P C C F Quantities Notes: P — Preliminary, C— Complete, but subject to change, F - Final General Construction Plan Requirements: 1. Plans shall be prepared on 11" x 17" sheets. 2. Each phase submittal shall include drawings in PDF format. 3. Plan sheets shall depict existing right-of-way, section lines, property lines, and Page 4 of 9 412 Work Order No. XX 81h Street Roadway Improvements — 66th Avenue to 82,d Avenue centerline of construction. Horizontal control points with state plane coordinates for all PC's, PT's, curve radius, curve length and horizontal PI's shall be included on the Plan or summarized in an alignment table. 4. Plans shall include spot grades adequate to describe any proposed grading. 5. Match lines shall not be located within the limits of an intersection. 6. All quantities shall reference FDOT Pay Item Numbers. 7. All details shall reference FDOT Index Numbers. 8. All specifications shall reference to FDOT Specifications for Road and Bridge Construction. Any deviations are special specifications not included in FDOT Specifications are required in the Technical Specifications. 9. Initial (30% completion), preliminary (60% completion), interim (90% completion) and Final Plan (100% completion) Submittal shall include the following: i. One (1) set of drawings in PDF format. ii. One (1) Opinion of Probable Construction Cost The plans will be prepared based upon English units. Final design files will be submitted in AutoCAD format. D. Signing and Pavement Marking Plans: Signing and Pavement Markings will be included within the Roadway Plan set. Quantities will be provided in the Summary of Pay Items sheet. All signing and pavement markings are to be prepared in accordance with the latest design standards and practices (MUTCD), FDOT Standard Specifications, Indexes, and shall be accurate, legible, and complete in design. E. Drainage Design: The Consultant will perform drainage investigations and analysis necessary to prepare a design which will drain the project in accordance with Indian River County, St. Johns River Water Management District (SJRWMD) and Indian River Farms Water Control District (IRFWCD) design criteria. The Consultant will assist the County with the submittal of the permit applications, coordination and supporting documentation for the project to the following agencies: • Indian River County Public Works • St. Johns River Water Management District • Indian River Farms Water Control District Page 5 of 9 413 Work Order No. XX 811 Street Roadway Improvements — 66' Avenue to 82,d Avenue A Stormwater Pollution Prevention Plan (SW3P) will be developed in conjunction with this project. F. Jurisdictional Permitting: The Consultant shall prepare jurisdictional permit applications necessary to support the proposed improvements. The following agencies are anticipated to require applications/review to facilitate the proposed improvements: • Saint Johns River Water Management District (SJRWMD) —Environmental Resource General Permit • Indian River Farms Water Control District (IRFWCD) — Connection Permit • Florida Department of Environmental Protection (FDEP) — State 404 Program Permit The County will be responsible for all permit application fees and any mitigation bank costs necessary to mitigate potential environmental impacts, if necessary. G. Natural Resource Assessment: The Consultant will conduct a Natural Resource Assessment (NRA) to identify and evaluate potential impacts to the approximate limits of wetlands and surface waters and upland habitats (including potential sensitive habitats) within the project corridor(s) and will evaluate the potential for usage by listed species. The Consultant will review previously prepared environmental documentation (if any) and conduct field reconnaissance on-site. In preparing the NRA, the Consultant will conduct the following tasks: • Review readily available natural resource documentation, previous environmental studies (provided by client), readily available permits and listed species information; • Review existing GIS databases including the Florida Natural Areas Inventory (FNAI) and the Florida Fish and Wildlife Conservation Commission (FWC) regarding known occurrences of listed species on and near the subject property; • Review aerial photography, soils maps, and mapping of existing wetland and surface water features; • Review of FEMA FIRM map; • Review of Florida Master Site File data for known historic or archaeological resources; • Conduct site reconnaissance to review the site and ground -truth the findings from the database searches; Page 6 of 9 414 Work Order No. XX 8th Street Roadway Improvements — 66th Avenue to 82"d Avenue Following site reconnaissance and database review, a Technical Memorandum will be prepared summarizing the results of the data collection efforts as well as additional surveys required, if applicable, such as detailed listed species surveys. A summary of federal, state, and local environmental permitting requirements will be prepared as well as a discussion of federal, state and local jurisdiction of environmental features and a brief discussion of potential mitigation requirements. The following exhibits will be prepared: • A land cover map classifying the habitats on-site based on the Florida Land Use, Cover, and Forms Classification System (FLUCFCS) and showing approximate acreage of each land cover. The acreage of habitats shown will be approximate based on aerial interpretation. • Wetland/Surface Water Map with approximate boundaries (if applicable) • USGS 7.5 Minute Quadrangle Map, • Soils map, • Location map, • Listed species map/maps, if applicable. Work Order No. XX 8th Street Roadway Improvements — 6611 Avenue to 82nd Avenue EXHIBIT B — FEE SCHEDULE The COUNTY agrees to pay and the Consultant agrees to accept for services rendered pursuant to this Agreement fees inclusive of expenses in accordance with the following: A. Professional Services Fee The basic compensation mutually agreed upon by the Consultant and the COUNTY is as follows: Lump Sum Components Task Labor Fee Topographic Design Survey $ 43,500 Geotechnical Investigation $ 20,800 Construction Documents $ 520,484 Signing and Pavement Marking Plans $ 36,575 Drainage Design $ 73,870 Jurisdictional Permitting $ 36,382 Natural Resource Assessment $ 21,950 Project Total = $ 753,561 Page 8 of 9 416 Work Order No. XX 81h Street Roadway Improvements — 661h Avenue to 82"d Avenue EXHIBIT C — TIME SCHEDULE Upon authorization to proceed by the COUNTY, final design documents are expected to take approximately eighteen (18) months from the Notice to Proceed (NTP). NTP 30% Plan Submittal 60% Plan Submittal 90% Plan Submittal 100% Plan Submittal contingent upon approval 6 months following NTP 12 months following NTP 15 months following NTP 18 months following NTP Page 9 of 9 417 00 IRT a 0 0 cc 0 0 0 o o �a U Cl) T m m E cl 7 y � c 3 U ] N N N_ O 0 i 4 N O U L H A a N m(0 co ay m' d G 07 O O 'y V7 O m c 0 No N N O d� co (OO V 00 C7 O a M m c o N N O N O N _ � w �O IL` o_ O N N O O 00 (D (O O V Q � O a` C a T l0 mm 0 d' .0 4 Cl) m m n; a U a) x y L O m � U Ly al V n G O U fn L O w L N LO N M N 2 G O N a) N al a) U) a) O a) L L L L N N O N N (n fn N O M 6 N N O. N N d C 01 V V O V N NN O to (O O V O a O 00 LO•y co a1 m C O In- N O C' O N M W Q7 fD V O V O V O 00 (00 O U7 w O IL m G o a� N N N 00 N O N N N V O O) w M (O �O a G o G y m NCD d ID V1 O a a� _a c 00 IL °) w CO co Cl) C/) t s t r W 00 00 00 00 C O N V Q1 t A m LL Y Na) al L N a) «m. 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N N Y W N L N L N o EC am o y d c ol .y L O O N w O a` m c � o O1 w c0 D �O a` m c `o ° N C N N O W a` m c c �- a` a� z 00 C l0 N a cn � � c m y Y m d f0 � C C l0 A � � d C in U � C7 a M N Geotechnical, Environmental and Materials Consultants Kimley-Horn 44524 th Street, Suite 200 Vero Beach, FL 32960 Attention: Mr. Brian Good, P.E. Subject: Proposal for Subsurface Exploration and Groundwater Table Measurements 8th Street Roadway Improvements From 66th Avenue to 82"d Avenue Vero Beach, Florida Dear Mr. Good: August 8, 2024 Proposal File No. 24-P-5599 As requested, we are pleased to present the following proposal for performing a subsurface exploration, installing piezometer wells, and collecting groundwater table measurements for the subject project. We understand that the project involves the roadway improvements along 8th Street starting from 66th Avenue to 82nd Avenue. The purpose of this work is to obtain general subsurface soil stratigraphy and groundwater level data to be used by the Client in designing the proposed stormwater improvements. The following summarizes our proposed scope of work and associated fees for conducting the subject exploration that was requested. FIELD EXPLORATION Our field program will include conducting three Standard Penetration Test (SPT) borings to 25 feet and five auger borings to 10 feet at accessible locations to our truck -mounted drill rig. We will also conduct 45 hand auger borings to 6 feet at the vicinity of the locations provided by the client. The SPT borings will be drilled using a procedure similar to the Standard Penetration Test outlined in ASTM D-1586 and will be sampled at 18 -inch or 24 -inch intervals to 10 feet deep and at 5 -foot intervals below 10 feet. The auger borings will be drilled to a depth of 10 feet below existing ground surface at the requested locations and will be performed using a 4 -inch diameter, truck- mounted continuous -flight auger. The hand auger borings will be performed using a 3 -inch diameter, hand-held bucket auger. Each sample will be removed from the sampler or auger in the field and then examined and visually classified by crew chief. Representative portions will be sealed and packaged for transportation to our laboratory for further analysis as required. Water level observations will be made in the boreholes during the drilling operation. We will also perform a series of muck probes for two days within the existing canal on the north and south sides of the 8th Street between 66th Avenue and 82nd Avenue that may be incorporated in the proposed roadway improvements. The muck probes will be performed by pushing a steel 460 NW Concourse Place, unit 1, Port St. Lucie, Florida 34986 Phone (772) 878-0072 Fax(772)878.0097 Florida: Bartow, Cocoa, Fort Myers, Miami, Orlando,:PortSt. Lucie, Sarasota, Tallahassee, Tampa, West Palm Beach. Louisiana: Baton Rouge, New Orleans, Shreveport Texas: Houston 424 Kimley-Horn - 2 - Ardaman Proposal No. 24-P-5599 rod into the ground and measuring the approximate thicknesses of accumulated soft sediment at the bottom and sides of the canals. We will also install six piezometer wells by inserting slotted 2 -inch diameter PVC well casings within the completed boreholes and backfilling the annulus with soil cuttings. Each well would be installed using a 3 -inch diameter, hand-held bucket auger to a maximum depth of 10 feet below existing ground surface. The locations for the piezometer wells will be selected by the client. Also, the piezometers standing above the existing ground surface will be painted orange or red. The groundwater level will be measured and recorded within the piezometers once per week for a period of 90 days. We recommend that the project surveyor locate our boring/well locations horizontally and vertically (i.e., determine the elevation of the ground surface at the boring locations). This information will increase the accuracy of the data obtained. In addition, six South Florida Water Management District (SFWMD) exfiltration tests will be performed to obtain soil hydraulic conductivity values for others to use in the design of stormwater facilities. The exfiltration test will be performed in accordance with the methods described in the SFWMD Permit Information Manual, Volume IV. LABORATORY TESTING Routine laboratory visual classification will be performed along with specific classification tests deemed necessary (i.e., percent fines). All laboratory tests will be performed in general accordance with applicable ASTM standards. ENGINEERING REPORT Soil stratigraphy and groundwater level data collected during the exploration will be presented in a written report upon completion of the study. We will provide a general discussion of the drainage characteristics of the soils encountered, an estimate of the normal seasonal high groundwater level at the boring/piezometer locations, and the hydraulic conductivity test results at the requested boring locations. COST ESTIMATE The costs associated with the aforementioned tasks will not exceed $20,800.00 without prior authorization from the client. If any piezometers are broken by others (mowers, pedestrians, etc.) during the project time, the client agrees to pay $450.00 per well for the installation of new well. CLOSURE This proposal is subject to the following conditions: (1) access to boring and piezometer locations is to be readily available to our drill rig and field personnel, (2) the provided scope of work will be adequate, (3) no Maintenance -of -Traffic (MOT) will be required, and (4) Ardaman & Associates, Inc. will coordinate the location of underground utility lines through SSOCOF. We cannot take responsibility for damages to private underground lines or structures and/or underground services which do not subscribe to SSOCOF; their locations should be provided by the client prior to commencement of the field work. 425 Kimley-Horn Ardaman Proposal No. 24-P-5599 -3- We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Please issue the Purchase Order that will be assigned to this project or complete and return the attached Proposal/Project Acceptance and Agreement form as an indication of your acceptance of our proposal terms and authorization to proceed with the work. Please do not hesitate to contact our office should you have any questions concerning this proposal or whenever we may be of assistance to you. Sincerely, ARDAMAN & ASSOCIATES, INC. Srmil Pant, P.E. Project Engineer 426 qW Consent Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 18, 2024 To: Board of County Commissioners From: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Sean Lieske, Director of Utility Services Prepared By: Jesse Roland, Senior Plans Reviewer Subject: Acceptance of Utility Easements — Spirit of Sebastian PUD Pods 113-1, 113-2 and 1A (Located Within the Municipal Boundaries of the City of Sebastian) Background/Analysis: Property located at Spirit Boulevard within the municipal boundaries of the City of Sebastian is in the process of being platted as a single-family residential subdivision and will be known as Spirit of Sebastian planned urban development (PUD) Pods 16-1, 18-2, and 1A. The developer is dedicating to the Board of County Commissioners (BOCC) of Indian River County (IRC) utility easements forthe waterand sewer systems, which are presently under construction. Since the dedication of the easements is by virtue of the plat, a formal acceptance of these easements is required by the BOCC. Attached is a copy of the proposed plats of Spirit of Sebastian PUD Pods 18-1, 113-2 and 1A. Funding: There is no cost to the BOCC regarding this item. Recommendation: Staff recommends that the Board of County Commissioners accept the dedications of utility easements and limited access easements as depicted on the proposed plats of Spirit of Sebastian planned urban development (PUD) Pods 16-1, 113-2, and 1A, and authorize the Chairman to execute the acceptance of dedications by Indian River County on Sheet 1 of the plats of Spirit of Sebastian PUD Pods 113-1, 16-2, and 1A at such time as the mylar becomes available for signature. 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'6� -q 1.) - Q z !'a� w In 50 _ I non �s N Z Li Mgs 2, o_ b W Q �7m00 y Q pZ s g ] —__ ____- ______—______ t .-h6'6SL � AL,hL003`--- ------- -_-___-__- �/�'OL__ N _•0009_ ,00'OL--AC9Y. —_BIJ_ 1.11N>a� I� 10 I- q X� M 8 \/\♦♦♦ ♦\ $ w =ix ; ♦ rhe ♦`\\ la � 2bY ' � _5['996 3 ,Ol,hlm N u � ♦\ \ 31HONY _ _ ,255011 3_,011400 N �_� _OOU9 _ _-y00'OB,00'OL 00'09 -----2n-F `€ � M '� 90 S ,(�NN _ �Y g F--•----- yy fqy �OZim 22331 Si $ ■■ / Jg z >• IM1 z ylfEl y \ 'OL ,00'09 •00'09 IMI 3 ,0 ,Ylm N •[0'99 ,99'49 ,ZV191 _ ,LLM 3 ,90,ZZm N19 R 99 Y _ =��s�1- HAP 1IINNN ry Ci .^. °i 91 18 7 w O try m g g N P� b g �r3a�`a06e'sOO�z INDIAN RIVER COUNTY, FLORIDA - - - Liabilities: PROPERTY APPRAISER Accounts Payable 202 $ 82,068.00 BALANCE SHEET - Due to Other funds 207 Due to Board of County Commissioners ALL FUND TYPES AND ACCOUNT GROUPS 5 525,892.00 Due to State of Florida 208 SEPTEMBER 30, 2024 ... 208 5 38,896.00 ... :. . - Special Agency 229 $ 54.00 -- - Revenue Fund Fund 1,730.00 - Capital Leases 239 6+lraFd Non Ad Valorem Deferred General Long Azmts : , A{YgtarANumDe►i : , , � - , Fw11 Projects Compensation Term Debt Cash -Unrestricted 101 Fund Equity; Petty Cash - 102 - 51.00 Total Fund Equity Equity in Pooled Cash ... .104 s 547,848.00 $ 648;640.00 $ Accounts Receivable - 115 Due from Other Funds 131 Due from Other Governments 13S. Investments 151 Other Assets -Prepaid Expenses 145 $ 100,741.00 Other Assets - - Amount to Provide- Other liabfliges - - - _ - 210 - - S 284,560.00 TOTAL ASSETS 648,640.00 $ ..-..:.:. .. • . r" ::- S64S60.00 Liabilities and Fund Equity Liabilities: Accounts Payable 202 $ 82,068.00 Due to Other funds 207 Due to Board of County Commissioners 208 5 525,892.00 Due to State of Florida 208 Due to Other Governments 208 5 38,896.00 Deposits 220 Other Liabilities 229 $ 54.00 Other Liabilities -Employee FLEX Acct 229 $ 1,730.00 Capital Leases 239 Accrued Compensated Absences 210 5 284,560.00 Total LlabliBles S 648,640.00 S S $ 284,560 W Fund Equity; Fund Balance 271.2 - Total Fund Equity TOTAL LIABILITIES AND FUND EQUITY $ 648;640.00 $ - $ $ 284,560.00 446 EyI4ess fees AMg0gtOkVNk*W r Due Percentage AETWi . Board of Count Commissioners BCC y $ 451,398.88 0.79924 $ 9,99I,613.QC Other Government Emergency $ cY Sertlkes S. 70,493.03 SttiDt1Hk Haver wMD S Z,5l612 $ : . b7;1Z�b 60 Sebastian Inlet DWct— f 808.19 . . . 0,00143 ' $ $,147.00 Masquftt GontnelDftkt $ 9,598.33 "0.01699 S 84,880.D0 Hosp$81m4wenente :: $ 19,662.11 0.03481 ¢ 11.73,876.00 FWIda Intend fYaa"don Okatct S 1,231.34 *SOW- S 30,8$9.00 TOTAL 4,994,535.00 447 MOM MYER COUNTY, FLORIDA. CERTIFICATION PROPEittY• APPRAISER I do solemnly swear that the information reported herein is atiue, correct and complete report 51AYEMENTOF REVENUES, EXPENDITURES, AND of all revenues and expenditures of my office for the year ending5eptember 30 2024 CHANGES IN FUND BALANCES- BUDGET AND ACTUAL ALI,.60VERNII&WALFUNDS Signature: FOR THE SEAR ENDED SEPT"ER 30, 3024 .. ... .. ... . - . Variance Favorable w 180dow,_ Revenues Account Number Budget ACtua7 (Unfavorable` Budget Amril �lMi7pgt4t� Charges for Services: Recording of Legal Instruments Sale of Maps and Publications .Aill $ - $ 145.00 $ 145.00 Copying Charges M4. 5 County Officers commissions 341.111 $ 4 OD $ 4.650469110 S � Other Charges and Fees .341.9 ll 3411UBMA D' . $ 343,966.00 $ - Miscellaneous Revenues: $ Interest 361.1 5 _ S 4, WAW . 3 Surplus furniture & Equipment 364.41 Other Financing Sources S_ : S 'per :3 : 'Isom, Other Revenues ;I S Total Revenues $ Si15» S: $630110" $ 3, : f', Expenditures. :.. :. .. :.. ..... . General Government Services: .. ... - .. _ . .. , . :.. ... Financial &Administrative: I. Personal Services 513.1 $ 4,191.fR! $ 3„'74(► S ,pt ::. .. Operating Expenditures 5133 $ 935,131;00 Capital Outlay 513.6 $ :. .. .. . ISAW40 S' 3543" S AA Contingency $ 10,060.60 S Debt Service: .. -. Principal $ (merest .: S 91>�.01 S AYI. Other Debt Service Total Expenditures S . &1$,320.00 $ 4,6006SS: $ - .. Excess of Revenue Over(under) Expenditures $ $ 564.788.009164 TWM .. . DOW Financing Sources (Uses) Tram4raki . LNFe-RuMAn Proceeds TransfersOSR S .. - S 0611,111111111110. $ W,788.00) Total Other Financing Sources (Uses) . 8 ( - $ $. (564,788.00) DMS OF REVENUES & OTHER SOURCES OVER WNOER) EXPENDITURES & OTHER USES FUND BALANCES 10/01/23 - $ - ;9 - - - - FUND BALANCES 9/30/24 - • � ! SII WII fl��� ����� Property Appraiser Budget Fiscal Year 2023-2024 Indian River County Personal Services &/A 1 B/A 1 I B/T B/T Current 1 166,200.00 Original #1 #2 -DOR #1 #2 Budget Personal Services 3151 EDP Services $ 166,200.00 $ (10,818.00) $ 11 Official $ 149,284.00 12,000.00 $ $ 9,041.00 $ 158,325.00 12 Employees(Regular) $ 2,552,139.00 $ 194,971.00 50,000:00 $ $ 2,747;110.00 13 Employees(Temporary) $ - 32 Accounting & Auditing $ $ $ 14 Overtime $ - 15 Special Pay $ 36;000:00 $ 36,000.00 2152 Fica-Regular $ 209,298.00 $ 14,915.00 $ 692.00 $ 224,905.00 2153 Fica-Other 2251 Retirement- Official $ 87,600.00 $ 5,305.00 $ 92,905.00 2252 Retirement- Employee $ 262,051.00 $ 19,776.00 $ (14,481.00) $ 267,346.00 2253 SMS/SES $ 128,497.00 $ 9,701.00 $ 138,198.00 2254 Drop $ 59,860.00 $ 4,465.00 $ 14,481.00 $ 78,806.00 223 Life & Health Insurance $ 447,760.00 $ 552.00 $ 448,312.00 24 Worker's Compensation $ - 2S Unemployment Compensation $ - TOTAL PERSONAL SERVICES $ 3,932,489.00 $ 244,380.00 $ 15,038.00 $ - $ - $ 4,191,907.00 OPERATING EXPENSES 3151 EDP Services $ 166,200.00 $ (10,818.00) $ 155,382.00 3152 Appraisal Services $ 12,000.00 $ 12,000.00 3153 Mapping Services $ - 3154 Legal Services $ 50,000:00 $ 50,000.00 3159 Other Professional Services $ - 32 Accounting & Auditing $ 14,000,00 $ 14,000.00 449 Property Appraiser Budget Fiscal Year 2023-2024 Indian River County 33 Court Reporter =Original B/A B/A B/T 1 BIT 1 Current 34 Other Contr. Services $ #1 #2 -DOR #1 #2 Budget 33 Court Reporter $ 34 Other Contr. Services $ 114,150.00 $ (3,500.00) $ (19,812.00) $ 90,838.00 40 Travel & Per Diem $ 50,364.00 $ 50,364.00 41 Communications $ 30,000.00 $ 30,000.00 4251 Postage $ 22,435.00 $ 6,570.00 $ 29,005.00 4252 Freight $ - 43 Utilities $ - 4451 Office Equipment $ 7,100.00 $ 1,176.00 $ 8,276.00 4452 Vehicles $ - 4453 Office Space $ - 4454 EDP $ 21,100.00 $ 10,077.00 $ 31,177.00 45 Insurance & Surety $ 12,350.00 $ 12,350.00 4651 Office Equipment $ 11,0)0.00 $ 11,000.00 4652 Vehicles $ 15,000.00 $ 4,858.00 $ 19,858.00 4653 Office Space 4654 EDP $ 213,190.00 $ 9,512.00 $ 222,702.00 47 Printing & Binding $ 13,000.00 $ 10,030.00 $ 23,030.00 4951 Legal Advertisements $ 200.00 $ 200.00 4952 Aerial Photos $ 70,000.00 $ 70;000.00 4958 Other $ - 51 Office Supplies $ 15,000.00 $ 12,079.00 $ 27,079.00 52 Operating Supplies $ 51,300.00 $ (26,707.00) $ 24,593.00 5451 Books $ 2,000.00 $ 2,000.00 5452 Subscriptions $ - 5453 Education $ 30,624.00 $ 30,624.00 5454 Dues/Membership $ 20,000.00 $ 1,346.00 $ 21,346.00 TOTAL OPERATING EXPENSES $ 941,013.00 $ $ - $ (3,500.00) $ (1,689.00) $ 935,824.00 450 Property Appraiser . ... Budget Fiscal Year 2023-2024 Indian River County WA B/A WT BJT Cuneet .. Original t!1 #2-DOR Mi W, Budget. CAPITAL OUTLAY - _ 6451 EDP Equipment $ 10,200.00 S 3.�SLf0.t1l!I 15,9IIl9.OQ . 6452 Office Furniture ..::...... 6453 Office Equipment $ 6454 Vehicles 66 Books _ TOTAL CAPITAL OUTLAY > 10,200.00 NMOPERATIN(s 91 EDP Contract Reserve 92 Other Contract Reserve 93 Special Contingency $ 206,879.00$ 206JI/ 11 94 Emergency Contin S 10,000.0D TOTALNON-OPERATING $ 216,879.44 $ $ - - t�iAtll� TOTAL $ 5,100,581.00 $ 37N�40 $ 1S12., ` - $ $ 5,153,124.00 i 451 li I November 20, 2024 10 - Carole Jean Jordan, c.F c. Tax Collector "How may we help you?" The Honorable Joseph Flescher Chairman, Board of County Commissioners Indian River County 1801 27b Street, Bldg A Vero Beach, Florida 32960 Dear Chairman Flescher: I am enclosing the 2024 Excess Fee Report of the Indian River County Tax Collector's Office. Total income for fees from all sources and investment income for 2024 was $9,871,647 a difference of $610,227 over projected income; total expenditures were $6,586,067 which is $179,835 under projected expenditures. The excess fees were $3,285,580 an increase over projected excess fees of $790,062. This breaks down to $3,043,583 being returned to the Board of County Commissioners, an increase of $731,871 from our projected amount, and $241,997 being returned to the other taxing districts. If you have any questions, please contact me. Sincerely, d"9 -4044440.a Carole Jean Jordan Tax Collector cc: Elissa Nagy, Chief Deputy Comptroller Kristen Daniels, Director — Office of Management & Budget P.O. Box 1509, Vero Beach, FL 32961-1509 Website: wwwirctax.com Phone: (772) 226-1343 Fax: (772) 226-1965 452 EXCESS2324 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION FISCAL YEAR ENDED SEPTEMBER 30, 2024 ALLOC DUE TO COUNTY 100.208.1000 $ 3,043,583.33 92.63% DUE TO OTHER GOVT 200.208.0000 $ 241,996.93 7.37% TOTAL EXCESS FEES $ 3,285,580.26 453 COMMISSIONS 9/30/2024 COLLECTED EXCESS FEES AGENCY 2023/2024 $ 3,285,580.26 GENERAL FUND $ 6,996,022.07 $ 3,043,583.33 FIND $ 14,795.07 $ 6,436.57 SCHOOL BOARD $ 7.69 $ 3.34 FL GREEN FINANCE AUTH $ 76.10 $ 33.11 ST JOHNS WMD $ 92,119.15 $ 40,076.19 SEB INLET DIST $ 14,843.80 $ 6,457.67 MOSQUITO CONT $ 122,972.71 $ 53,498.98 HOSPITAL $ 262,514.81 $ 114,206.36 FELLSMERE WCD $ 1,500.00 $ 652.59 IR FARMS WCD $ 1,500.00 $ 652.59 ST JOHNS IMPROVE DIST $ 1,500.00 $ 652.59 SEB RIVER IMPROV DISTRICT $ 1,500.00 $ 652.59 VERO LAKES WCD $ 19.04 $ 8.29 DELTA FARMS WCD $ 1,500.00 $ 652.59 SEBASTIAN STORM DRAIN $ 39,770.81 $ 17,302.92 CITY OF VERO BEACH $ 1,633.22 $ 710.55 TOTAL $ 7,552,274.47 $ 3,285,580.26 ALLOC DUE TO COUNTY 100.208.1000 $ 3,043,583.33 92.63% DUE TO OTHER GOVT 200.208.0000 $ 241,996.93 7.37% TOTAL EXCESS FEES $ 3,285,580.26 453 EXCESS2324 INDIAN RIVER COUNTY TAX COLLECTOR CAROLE JEAN JORDAN, TAX COLLECTOR EXCESS FEE DISTRIBUTION FISCAL YEAR ENDED SEPTEMBER 30, 2024 AGENCY DISTRICT CODE GENERALFUND GNF,GNFD MUNICIPAL SERV DIST MUN, MUNS EMS SERV DIST EMS, EMSD ROCKRIDGE SLD ROL LAURELWOOD SLD LWL GIFFORD SLD GFLD LAUREL CT SLD LCL OCEANSIDE SLD OCLD OSLO PARK SLD OPLD VERO LAKES MSTU VLM VB HIGH SLD VHL IXORA PK SLD IXL PORPOISE PT SLD PTL VERO SHORES SLD VSL POINCIANA SLD PPL ROSELAND RD SLD RRL GLENDALE LK SLD GLL WALKERS GLEN SLD WGL FLORALTON SLD FBL TIERRA LINDA SLD TLL WHISPERING PINES SLD WPL WEST WABASSO MSBU WWM MOORINGS SLD MSLD E. GIFFORD WATERSHED GIF NORTH COUNTY WATER ASSE NCWA LAND ACQ BOND LAND, LND LAND ACQ BOND 2004 LND2, L04 LANDFILL LF DUE TO COUNTY DUE TO OTHER GOVT TOTAL EXCESS FEES COMMISSIONS 2023/2024 COLLECTED EXCESS FEES 2023/2024 % $ 3,043,583.33 $ 5,286,441.04 75.5635% $ 2,299,838.93 $ 330,780.85 4.7281% $ 143,904.50 $ 995,609.65 14.2311% $ 433,134.84 $ 22.52 0.0003% $ 9.80 $ 185.49 0.0027% $ 80.70 $ 1,238.86 0.0177% $ 538.96 $ 27.49 0.0004% $ 11.96 $ 41.25 0.0006% $ 17.95 $ 650.79 0.0093% $ 283.12 $ 4,879.13 0.0697% $ 2,122.64 $ 2,087.02 0.0298% $ 907.95 $ 152.96 0.0022% $ 66.54 $ 4.47 0.0001% $ 1.94 $ 115.46 0.0017% $ 50.23 $ 342.71 0.0049% $ 149.09 $ 14.17 0.0002% $ 6.16 $ 65.01 0.0009% $ 28.28 $ 23.63 0.0003% $ 10.28 $ 47.04 0.0007% $ 20.46 $ 62.17 0.0009% $ 27.05 $ 21.67 0.0003% $ 9.43 $ 131.50 0.0019% $ 57.21 $ 210.97 0.0030% $ 91.78 $ 34.26 0.0005% $ 14.90 $ 536.86 0.0077% $ 233.56 $ 3.67 0.0001% $ 1.60 $ 23.56 0.0003% $ 10.25 $ 372,267.87 5.3211% $ 161,953.22 $ 6,996,022.07 100.0000% $ 3,043,583.33 ALLOC 100.208.1000 $ 3,043,583.33 92.639ro 200.208.0000 $ 241,996.93 7.37% $ 3,285,580.26 454 iia INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Indian River County Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Patrick J. Murphy; Chief, Long Range Planning DATE: November 19, 2024 SUBJECT: Pulte Home Company, LLC's Request for Modified Conceptual Planned Development (PD) and Special Exception Approval for a Residential Development to be known as Emerson Oaks PD [PD -24-03-01 / 2021040075-96000] It is requested that the data herein presented be given formal consideration by the Board of County Commissioners (BCC) at its regular meeting of December 3, 2024. DESCRIPTION & CONDITIONS At its regular November 15, 2022, meeting, the Board of County Commissioners (BCC) granted special exception and conceptual PD plan approval for the Red Tree Cove PD. As approved, the conceptual PD plan allows up to 175 detached single-family homes at an overall density of 2.39 units per acre. The applicant was approved for certain PD waivers (increases or reductions) in minimum lot size, minimum building setbacks, and maximum building coverage, in return for road right-of-way (ROW) dedications, off-site improvements (road paving, traffic improvements, and upsizing of utility lines), and other public benefits, such as a financial contribution to the future bridge crossing on 17th Street SW. Since that time, the applicant applied to the Planning Division to modify the approved project to increase the maximum building coverage for all lots, which would decrease the overall open space area of the project (from 69.7% to 60.73%). The name of the project was changed from Red Tree Cove PD to Emerson Oaks PD. A model home center consisting of seven model homes, sales/construction trailer, and customer parking lot was also added. To offset the additional development criteria waivers requested with the modified application, the applicant will dedicate additional ROW and accommodate a realignment of the intersection of 43rd Avenue SW and 13th Street SW to align with the southerly shift in 13th Street SW that was approved for the Indrio Point PD [PD -23-04-02 / 94101]. The realignment will result in a decrease in lot count of four homes. BGE, Inc., on behalf of Pulte Home Company, LLC, is requesting modified conceptual PD plan and special exception approval, and concurrent preliminary PD plan approval for a 171 -lot single-family residential subdivision on 76.73 acres, for an overall density of 2.38 units per acre. The project site is located at the southwest corner of 43rd Avenue SW and 13th Street SW, and is zoned A-1, Agricultural District (see Attachment 1). The subject site is mostly vacant but contains one existing single-family home and several agricultural barn and/or stable structures. All existing structures will be removed during site development (see Attachment 2). The BCC is now to consider granting modified conceptual PD plan and special exception approval for the Emerson Oaks PD project. 455 PLANNING AND ZONING COMMISSION (PZC) RECOMMENDATION: At its meeting of November 14, 2024, the PZC voted 5-0 to recommend that the BCC grant conceptual PD plan and special exception approval with the conditions recommended by staff and approved the concurrent preliminary PD plan/plat subject to BCC approval of the conceptual PD plan and special exception. ANALYSIS 1. Project Site Size: 83.57 acres (gross project area) - 6.84 acres (ROW dedications) 76.73 acres (net project area) Note. The net project site size is comprised of 71.93 acres located inside the urban service area (USA) and 4.80 acres located outside of the USA (stormwater pond and walking path). 2. Zoning Classification: A-1, Agricultural -1 (up to 1 unit per 5 acres) 3. Land Use Designation: L-1, Low -Density Residential -1 (up to 3 units/acre) AG -1, Agriculture -1 (up to 1 unit per 5 acres) 4. Residential Units: 171 single-family detached units 5. Density: Maximum Allowed: 3.00 units per acre Proposed: 2.38 units per acre Note: The proposed density is based on the net project site size located inside the USA and does not include any density credit for the ROW dedications or the 4.80 acres located outside of the USA. 6. Open Space: Required: 41.25% Proposed: 60.73% Note: The required open space calculation is based on a blended average calculation of the L-1 designated portion of the site and the AG -1 designated portion of the site. 7. Phasing: The project is proposed to be constructed in three (3) phases. Phase IA consists of the model home row (seven lots), the project entrance on 13th Street SW, and the adjacent stormwater pond. Phase IB will include 70 lots, the amenity center, and infrastructure commensurate with this phase. Phase 2 will include 94 lots (the remainder of the residential development), the project entrance on 17th Street SW, and the necessary utilities needed to support the phase 2 homes. 8. Utilities: The project will be served by public water and sewer service provided by County Utility Services. During the development review process, the applicant coordinated with the Department of Utility Services, and agreed to upsize the water and sewer service lines that will serve the subject project and other development projects located "downstream" of the subject project. Please see section 16d. of this report for more details. 9. Stormwater Management: The project's conceptual stormwater management system includes a modified Miami curb street design and four (4) separate wet stormwater management tracts to manage runoff generated from the project. The project's stormwater system will also accept runoff 2 456 generated by the project's off-site improvements. The Public Works Department has approved the conceptual stormwater management plan and will review the detailed stormwater management plan with the land development permit (LDP) for each respective project phase. 10. Traffic Circulation: Access to the proposed development will be provided via a gated, full - movement driveway connection to 13th Street SW, and second gated, full -movement driveway connection to 17th Street SW (see attachment 3). The proposed internal traffic circulation plan consists of modified grid roadway network, and one cul-de-sac road at the northeast corner of the project site. Traffic Engineering and Fire Prevention staff have reviewed and approved the internal circulation plan and the driveway connections to 13th Street SW and 17th Street SW. The project's traffic impact study (TIS) has been reviewed and approved by the Traffic Engineering Division. Based on the approved TIS, the following off-site improvements are required: a. Paving of 17th Street SW along the project site's entire frontage b. Southbound right turn lane on 43rd Avenue SW at 13th Street SW c. Northbound left turn lane on 43rd Avenue SW at 13th Street SW d. Westbound left turn lane on 13th Street SW at project entrance e. Eastbound right turn lane on 17th Street SW at 43rd Avenue SW The final design of the required road paving and turn lane improvements cited above will be reviewed via the LDP for each respective project phase. During the PD process, the applicant coordinated with the Public Works Department and agreed to assign some project traffic to a future 17th Street SW bridge crossing over the canal located east of 43rd Avenue SW. Therefore, the applicant will need to contribute their fair share of the cost of funding the future 17th Street SW bridge crossing. Prior to issuance of an LDP for Phase IA, the applicant must pay their fair share contribution toward the future 17th Street SW bridge crossing. 11. Right -of -Way (ROW) Dedications: The project has frontage on three (3) thoroughfare plan roads. These are 13th Street SW, 17th Street SW, and 43rd Avenue SW. a. 13`h Street SW Currently, all ROW requirements are satisfied for the eastern ±640 feet of the project's 13th Street SW frontage for the original design. Through the PD review process, the applicant will dedicate, without compensation, an additional 30' of ROW for the western ±272 feet of the project's 13th Street SW frontage to IRFWCD. The applicant must also dedicate +0.94 acres of ROW to the county, without compensation, for the 13th Street SW realignment. The applicant must dedicate these ROW dedications, prior to issuance of an LDP for Phase IA. b. 17`' Street SW: Through the PD review process, the applicant will dedicate, without compensation, 100' of ROW for the project's entire 17th Street SW frontage. The applicant must dedicate the required 17th Street SW ROW dedication, prior to issuance of an LDP for Phase IA. c. 43rd Avenue SW: The Thoroughfare Plan classifies 43rd Avenue SW as a collector roadway requiring 100' of ultimate ROW. Presently, 50' of right-of-way exists for this segment of 43rd Avenue SW. Through the PD review process, the applicant will dedicate, without compensation, 50' of ROW for the project's entire 43rd Avenue SW frontage. The applicant must dedicate the required 43rd Avenue SW ROW dedication, prior to issuance of an LDP for Phase 1A. 3 457 12. Required Dedications and Improvements: a. Off-site Traffic Improvements: As outlined in section 10 of this report, the applicant will be required to construct several different off-site traffic improvements with each respective project phase. The final design of the required off-site traffic improvements will be reviewed via the LDP for each respective project phase and must be completed prior to issuance of a certificate of completion (C. of C.) for each respective project phase. b. External sidewalks: An 8' wide sidewalk is required along the north side of 17th Street SW and the west side of 43rd Avenue SW for the project's entire frontages, respectively. The final design of these sidewalks will be reviewed via the LDP for each respective project phase and must be completed prior to issuance of a C. of C. for each respective project phase. c. Internal sidewalks: A 5' wide internal sidewalk system is required and proposed along one side of the project's internal streets. The final design of the internal sidewalks will be reviewed via the LDP for each respective project phase and will need to be constructed along the frontage of common areas and individual lots in accordance with the requirements of LDR 913.09(5)(b)2. d. Streetlights: Streetlights are required and will be maintained by the property owners' association. The proposed streetlight locations are depicted on the provided PD plan. The final design of the streetlights will be reviewed via the LDP for each respective project phase and must be completed prior to issuance of a C. of C. for each respective project phase. e. Common Green Space and/or Recreation Area: At least 7.5% of the total site area shall be set- aside as dedicated common green space and/or recreation area (5.75 acres). For this project, the applicant proposes to provide 8.46 acres, which is 11 % of the site. The 8.46 acres will be provided in the form of a clubhouse/amenity tract, several passive recreation/open space tracts, and the native uplands set-aside tract. Staff has verified that the common green space/recreation areas are located and designed as an amenity conveniently accessible via the project's internal sidewalk system. Therefore, the project satisfies the County's green space/recreation area requirements. 13. Environmental Issues: a. Wetlands: County Environmental Planning staff has determined that no jurisdictional wetlands exist on the subject site. Therefore, no wetlands criteria apply to the proposed development. b. Uplands: Since the subject site exceeds 5 acres, the County's native upland set aside criteria apply to the project. Approximately 7.36 acres of intact native upland plant communities exist on the project site, and the project's set aside requirement is 1.10 acres (15% of 7.36 acres). The applicant is proposing to set-aside 1.55 acres of on-site uplands in a single preservation tract located in the center of the overall project site (see attachment 3). The applicant must dedicate a conservation easement in favor of the County over the 1.55 acres of on-site native uplands prior to or via the project's final plat. c. Tree Preservation: Most of the project site is a former citrus grove and/or tree farm (see attachment 2). Therefore, besides the uplands set aside area and the vegetated area around the future community clubhouse, the project site does not contain any protected or specimen trees. 4 458 14. PD Waivers for Single -Family Lots: Through the PD review process, the applicant is requesting approval of design waivers (increases or reductions) in minimum lot size, minimum lot width, minimum building setbacks, minimum setbacks for accessory structures, and maximum building coverage. The following chart summarizes the project's proposed waivers as compared to the A-1 and RS -3 zoning district: Development Parameter A-1 Minimum Standards RS -3 Minimum Standards Proposed PD Standards Lot Width 150' 80' 65' 50' Lot Size 200,000 SF 12,000 SF 8,450 SF 6,500 SF Building Setbacks: Front 30' 25' 20' 20' Side 30' 15' 7.5' S' Rear 30' 25' 15' 15' Pools (water line): Front 30' 25' 20' 20' Side 30' 15' 10' 7.5' Rear 10' 10' 6' 6' Pool decks, decks, or screen enclosures: Front 30' 25' 15' 15' Side 30' 15' 7.5' S' Rear 10' 10' S' 5' Accessory structures (e.g. sheds, pergolas) Front 30' 25' 15' 15' Side 30' 15' 5' S' Rear 30' 25' 5' S' Maximum Building Coverage 20% 30% 50% 50% Minimum Open Space Per Lot 60% 40% 20% 20% 5 459 15. Perimeter PD Buffering: Through the PD review process, the applicant has agreed to provide the following perimeter PD buffers and opaque features: Perimeter Buffer Type & Width Opaque Feature North Type `B" / 30' wide 6' combination berm & landscape East Type `B" / 30' wide 6' combination berm & landscape South Type `B" / 30' wide 6' combination berm & landscape West Type `B" / 60' wide 6' combination berm & landscape Note: A 50' USA boundary buffer is required along the project site's western property line, and the applicant has agreed to provide a minimum 60' wide buffer. 16. Public Benefits: For PD projects, applicants must identify certain design criteria and public benefits that the project will provide in exchange for requested waivers or incentives being sought by the applicant. The requested waivers are mitigated by proposed landscape buffers, increased perimeter setbacks, and increased common open space areas provided within the project. The applicant is also proposing the following public benefits: a. ROW dedications: As outlined in section 11 of this report, the applicant has coordinated with County staff and has agreed to dedicate ROW for 13th Street SW, 17th Street SW, and 43rd Avenue SW without compensation. All the ROW dedications are considerably over -and -above the County's minimum ROW width requirements for each respective roadway. b. 17th Street SW Paving and Drainage Improvements: The applicant has agreed to provide paving and drainage improvements for the project site's entire 17th Street SW frontage, which extends beyond the LDRs minimum requirements of only paving to the project's driveway connection. c. 13th Street SW Eastbound Right Turn Lane: The project's approved TIS does not require an eastbound right turn lane on 13th Street SW at 43rd Avenue SW. However, the applicant has agreed to provide an eastbound right turn lane as an additional public benefit. d. Upsized Utilities Lines: Through coordination between County Utilities staff and the applicant, the applicant has agreed to upsize the water and sewer lines that will serve the subject project and other development projects located "downstream" of the subject project. The applicant will increase the size of the sewer force main from 4" to 6" and the applicant will increase the size of the water main from 8" to 12", at no additional cost to the County. e. Cost Share Contribution for Future 17th Street SW Bridge: Through coordination between Public Works and the applicant, the applicant has agreed to contribute their fair share of the cost of funding the future 17th Street SW bridge crossing. 17. South County Initiative (SCI): At the May 4, 2004, BCC meeting, Planning staff presented the SCI, which consisted of a total of seven (7) development projects located in the south County area. The BCC expressed support for the SCI, and the associated planning principals, as follows: • Mixing building types and uses. • Clustering development in compact areas. 460 6 • Providing pedestrian connections between uses and projects. • Establishing a grid or modified grid street network. • Siting school and community park areas. • Siting a neighborhood commercial site within the SCI area. To date, two of the seven SCI development projects, have been completed or nearly completed, and there are three other SCI development projects that have active development applications that are currently under review. Although the subject project site was not originally part of the SCI, Planning staff is recommending that the project participate in the SCI due to the site's proximity to the overall SCI planning area. The subject project satisfies several of the above -referenced SCI guiding planning principals and will also provide a financial contribution to the 17th Street SW bridge crossing as outlined in Sections 10 and 16 of this report. 18. Concurrency: As required under the County's concurrency regulations, the applicant has applied for and obtained a conditional concurrency certificate for the project. The concurrency certificate was issued based upon a concurrency analysis and a determination that adequate capacity is available to serve this project. The applicant will be required to obtain final concurrency certificates prior to issuance of building permits, in accordance with County concurrency regulations. 19. Surrounding Land Use and Zoning: North: 13th Street SW, The Grove Subdivision / RS -3 East: 43rd Avenue SW, Vacant (Future Indrio Point PD) / PD South: 17th Street SW, IRFWCD Canal, Tree Farm / A-1 West: Vacant, Single -Family Home / A-1 All conditions recommended by staff have been accepted by the applicant. RECOMMENDATION Staff recommends that the BCC grant modified conceptual PD plan and special exception approval for Emerson Oaks PD with the following conditions: 1. Prior to issuance of a land development permit for Phase IA, the applicant shall: a. Dedicate all proposed right-of-way dedications. b. Pay their fair share contribution toward the future 17th Street SW bridge crossing. 2. Prior to issuance of a land development permit for each project phase, the applicant shall: a. Obtain Public Works approval of the final design of the respective off-site improvements including paving, drainage, turn lanes, and external sidewalks. b. Obtain Planning staff approval of a final landscape and buffer plan. c. Obtain Planning staff approval of the final streetlighting design. 3. Prior to or via the final plat process, the applicant shall: a. Construct or "bond -out" the required landscape buffers. b. Construct or "bond -out" the required project streetlighting. c. Dedicate a conservation easement in favor of the County over the 1.55 acres of on-site native uplands. 7 461 4. Prior to issuance of a certificate of completion for each respective phase, the applicant shall: a. Construct all required off-site improvements. b. Install all required perimeter buffers and project landscape improvements. c. Install all required project streetlighting. 5. Internal sidewalks shall be constructed along the frontage of common areas and individual lots in accordance with Section 913.09(5)(b)2. of the County LDRs. ATTACHMENTS 1. Location Map 2. Aerial Map 3. Conceptual & Preliminary PD Plan 4. Landscape Plan 8 462 0 MS AV ONCE 0 MS 0 MS AV Hlt£ -. AV H19£ o H Y N 2 0 MS c�'p r AV H19£ F- 0 MS AV HIL£ F - 0 MS AV Hi8£ Q CIO 0 MS AV H18£ a :? 0 0 MS AV HIO, 0 Ms U J J 10 HIOti (L o r 2 N cn r � >Q 3 U) F O 140110 and oast/ = 0 MS AV ObE� 041,S, N 0 MS OHCV 10 Q •� Z N _ OD 0 MS 10 HI9V ti a N 0 Ms AV HILV w Y 3 z? U OMSAV Q0 U S3)1V18n03 w co M J �1 0 W � Q MS NO IS�lH13WV � J H cn H 0 Cfl , 0 MS AV ,kenb 0 MS .kVM S3>IVl Hi-nos55TH SW 0 () M rn m J Uj y (D! M 0 MS 2110 3HIHS)IN38 M r 1 Q 0 IL Y 0 C O N L E W V O W Z E; � � n MAIn J ZEM 0C C S Ul 21 li f 04 LL Z , — M13TH ST SW (80,' m�cviueawe r M� • ee� �-. - 11 o. 11 Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney Of CB Of Public Hearing 12/03/2024 INDIAN RIVER COUNTY MEMORANDUM ATTORNEY TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Susan J. Prado, Deputy County Attorney DATE: November 19, 2024 SUBJECT: Second Public Hearing - Amended and Restated Developers Agreement Between Providence Point Vero Beach, LLC and Indian River County Background: On November 19, 2024, the Board of County Commissioners (hereinafter "Board") held the first of two public hearing required by Florida Statute Section 163.3225 for the approval of an amendment and restatement of a developer's agreement. The background of the developer's agreement is as follows, the Board approved a developer's agreement between the County and Providence Point Vero Beach, LLC (hereinafter "Developer") for a Planned Development—Traditional Neighborhood Design ("PDTND") known as Providence Pointe. The property is located on the southwest corner of 58th Avenue and 531 Street. Please see the attached aerial photo depicting the parcel. Since 2014 the County has made updates to the intersections mentioned in the Original Developers Agreement attached hereto. The Developer approached the County to request an amendment to reflect the current state of the roads and what obligations still remain pending. Staff and the Developer have reviewed and updated the Original Developers Agreement and have finalized proposed Amended and Restated Developers Agreement. The proposed Amended and Restated Developers Agreement includes the updated changes that have taken place since the Original Developers Agreement was entered into, as well as it updates and brings the Developers Agreement into compliance with current statutory requirements. This second public hearing fulfills the requirements of Florida Statue Section 163.3225, and the proposed Amended and Restated Developers Agreement may be accepted. Funding: The cost of recording the Amended and Restated Developers Agreement and publication of the required public notice for the public hearing(s) is estimated to be a total of $386.50 and will be funded from the Traffic Impact Fees/District 1 Roads/ROW-53rd St Wide -W of 58-66 account, number 10415141-066120-23030. Account Description Account Number I Amount Traffic Impact Fees/District 1 Roads/ROW-53rd St Wide -W of 58-66 1 10415141-066120-23030 1 $386.50 467 Providence Pointe Developer's Agreement November 19, 2024 Page 2 Recommendation: Staff recommends the Board accept the Proposed Amended and Restated Developers Agreement and order staff to record said Amended and Restated Developers Agreement within 14 days from the date of its acceptance and execution pursuant to Florid Statute Section 163.3229. Attachments: Aerial Photo Proposed Amended and Restated Developers Agreement with Providence Point Vero Beach, LLC Copy of Original Developers Agreement with Providence Point Vero Beach, LLC Copies to: Providence Point Vero Beach, LLC Bruce Barkett, Esq. Planning and Development Services Public Works 468 Y i�p RESTATED AND AMENDED DEVELOPER'S AGREEMENT BETWEEN INDIAN RIVER COUNTY AND PROVIDENCE POINTE VERO BEACH LLC FOR OFF-SITE TRAFFIC IMPROVEMENTS AND RIGHT-OF-WAY DEDICATION THIS RESTATED AND AMENDED DEVELOPER'S AGREEMENT ("Agreement") dated November 18, 2014 by Indian River County ("County") and Providence Pointe Vero Beach LLC ("Developer") is made this _ day of 92024. Recitals: A. Developer is in the process of developing a Planned Development—Traditional Neighborhood Design ("PDTND") known as Providence Pointe. B. In 2014, County and Developer entered into the Agreement to memorialize each party's respective goals and obligations regarding certain traffic improvements and right-of-way dedications described in the Agreement and related to or in proximity with Providence Pointe. C. Between 2014 and 2023, certain developments have occurred which make it mutually advantageous to County and Developer to accept and enter into this restated and amended agreement. SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. NOW, THEREFORE, for and in consideration of these premises, Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the County and the Developer do hereby covenant, stipulate, and agree as follows: Recitals: The foregoing recitals are incorporated as if fully restated herein. 2. Intersection Improvements: Developer shall contribute the following sums of money or construction or both toward the Intersection Improvements specified below. County acknowledges that the contributions or construction or both described herein satisfy the Developer's entire obligation with respect to off-site intersection improvements through build -out of Providence Pointe, except to the extent that additional property or residential units or commercial development may be added to Providence Pointe in the future. The County shall not withhold any approval or permit, nor shall it deny any concurrency certificate, because of the 470 condition or state of any intersection in the County as long as the Developer is in compliance with this Developer's Agreement. A. Prior to the request for Certificate of Completion for Phase II of the conceptual plan, the Developer's Engineer shall submit a conceptual design plan for the proposed north bound right turn lane at 41 st St. and 58th Avenue so that the county may agree to a layout and commence to address any right- of-way needs. Prior to the issuance of a Certificate of Completion for Phase III of the conceptual plan, Developer shall either construct a northbound right turn lane or escrow the estimated cost for the design and permitting of said northbound right turn lane with the county." At its own cost and expense, County shall obtain the right-of-way needed to construct the North -bound right turn lane once the Developer brings forth their conceptual plan for the North -bound right turn lane. B. Prior to the issuance of a Certificate of Completion for Phase IV, Developer shall pay 13.9% of the ultimate intersection actual contract costs. If a contract has not been executed, the amount to be placed in escrow shall be based on a Professional Engineer's cost estimate using the latest 45th Street Improvements design, which County shall provide to Developer at Developer's request prior to commencement of Phase IV." C. Prior to the issuance of a Certificate of Completion for Phase I, the Developer pay 14.7% of the cost in the amount of $410,683.89 for the ultimate intersection improvements at 49th St. and 58th Ave., including left turn lanes from all approaches, based upon actual contract costs as previously completed." D. Developer and County agree that the County has completed the intersection improvements and has constructed 53rd St., west from 58th Ave. for a distance of 300 feet at the County's own cost and expense, and County shall not seek reimbursement for such costs or expenses. Prior to issuance of a Certificate of Completion for Phase H, Developer shall, at its own cost and expense, either construct the continuation of 53rd St., westerly for a distance of 600 feet as a four -lane road to the Project's westernmost connection to 53rd St., or, if in conjunction with another developer participate in the development of said road segment as a four -lane road, with a transition to a two-lane road at the end of the 600 foot project. Developer shall not seek reimbursement from the County for the cost of design permitting and construction of the two-lane portion of said road. Commencing from the 53rd St. required improvements, Prior to the issuance of a Certificate of Completion for Phase III, Developer shall escrow Developer's fair share (37.5% of funds) to construct 53rd St. as a two-lane road from the point where the paved improvement described herein ends to the point which is 2,454 feet west of the Project's east property line as based upon a conceptual rendering provided by the Developer's Engineer and agreed upon by the 2 471 County. Developer shall not be responsible for final design or construction of the westerly pavement extension improvements." (1) The County shall have the right to approve the scope of work for the design and engineering phase of the project. The County shall not unreasonably withhold or delay such approval. Failure to reply to the Developer within thirty (30) days after the submittal of design and engineering plans shall constitute approval. (2) The Developer's obligation with respect to 53rd Street, as identified in this Developer's Agreement, shall be deemed satisfied so long as the Developer is in compliance with this Agreement, and the County shall not withhold any approval, permit, or concurrency certificate because of the condition of 53rd Street anywhere except adjacent to Providence Pointe, provided the Developer is in compliance with this Agreement. (3) The Developer shall receive traffic impact fee credits for all design, engineering, permitting, and construction costs associated with the 53rd Street improvements described herein paid or contributed by the Developer, except for: those costs associated with site related turn lanes or other site related improvements; and any landscaping in excess of the landscaping required by County Ordinance. These shall be considered "non -reimbursable costs". 49th Street Improvements and Dedication: A. Prior to the issuance of a Land Development Permit for Phase 4 of Providence Pointe, the Developer shall: (i) Dedicate to the County ten feet (10') of right-of-way along the project's 49th Street frontage from 58th Avenue West for a distance of approximately 2,591 feet (the "Eastern Segment") see Exhibit "B"; and (ii) Dedicate to the County along the project's 49th Street frontage sixty feet (601) of right-of-way from the West end of the "Eastern Segment" to a point approximately 1,328 feet West (the "Western Segment") see Exhibit "B". B. Prior to the issuance of a Certificate of Completion for Phase IB, Developer shall construct a two-lane road for a distance of approximately 3,260 feet from the existing paved road on 49th Street, which ends approximately 700 feet west of 58th Ave., to the western boundary of Providence Pointe, as shown on the Conceptual Plan. The construction may be completed in sections which follow the progression of development of the Project. 4. 58th Avenue Dedication: Prior to the issuance of a Land Development Permit for Phase 4 for Providence Pointe, the Developer shall dedicate by right-of-way deed 3 472 free and clear of all liens and encumbrances, to the County, twenty-five feet (25') along the property's 58th Avenue frontage. (See Exhibit "C"). The Developer shall provide stormwater capacity for the following road segments: A. 58th Avenue, from the property's eastern boundary to the centerline of a four -lane road, along the project's 58th Avenue frontage. B. 49th Street, along the project's entire frontage, for a two-lane road width. C. Developer shall design and construct a temporary swale system within the County right-of-way for 53rd Street stormwater, as a four -lane road, from 58th Avenue west for a distance of one-quarter mile. 6. DOT Compliance: All road construction by the Developer pursuant to this Agreement shall be in compliance with Florida Department of Transportation standards: A. Any future increase of impervious area for 58th Avenue Developer driven improvements may require additional stormwater capacity to be provided. B. 49th Street, along the project's entire frontage, for a two-lane road width and any Developer driven improvements such as turn lanes. C. Developer shall design and construct a temporary swale system within the County right-of-way for 53rd Street stormwater for all developer driven improvements that cannot be treated within the existing system. Alternatively, the Developer may work with the County and Mandala Village in accordance with the Mandala Village Developer's Agreement dated December 12th, 2023, Section 9 allowing for a temporary easement for stormwater improvements. The County shall not provide any reimbursement for the temporary easement construction. At the time Mandala Village constructs its permanent stormwater facilities, any Developer driven improvements for Providence Pointe shall connect to Mandala Village's stormwater system as defined in the Mandala Village Developer's Agreement. 7. Invoices: Any invoice submitted by the Developer to the County for the County's payment shall be reimbursed by the County according to the Prompt Payment Act (Sections 218.70 and 218.80, Florida Statutes). 8. Project Bids: The Developer shall not be required to publicly bid the work described herein, but all work performed by the Developer shall be subject to the reasonable determination by the County that the costs incurred for such work were normal and customary. 4 473 9. Miscellaneous: A. In the event of any litigation arising out of this Agreement, the prevailing party shall recover attorneys' fees and costs from the non -prevailing party. B. No amendment, modification, change, or alteration of this Agreement shall be valid or binding unless accomplished in writing and executed by all of the parties hereto. C. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors, and assigns. D. This Agreement contains the entire agreement and understanding between the parties. No representation, statement, recital, undertaking, or promise not specifically set forth herein shall be binding on any parties hereto. This Agreement shall not be effective unless signed by the Developer and the County. E. The obligations of the Developer to this Agreement are expressly conditioned upon the Developer's decision, at the Developer's sole discretion, to proceed with the development of Providence Pointe. F. No Building Permit, Certificate of Completion, or Certificate of Occupancy shall be withheld or delayed by the County for Providence Pointe or any portion thereof, nor shall the County delay or withhold any other required permits, provided that the Developer is in compliance with this Agreement, all applicable laws and regulations. G. Except as described herein, and in the plans submitted by the Developer and approved by the County, the County shall not require the Developer to construct, contribute to, or share in the costs of any off-site traffic improvements other than the payment of traffic impact fees. H. This Agreement and all matters arising hereunder shall be governed by and construed in accordance with the laws of the State of Florida. Venue hereunder shall lie in Indian River County, Florida. Time shall be of the essence. I. This Agreement shall be deemed prepared jointly by each of the parties hereto and shall be construed on parity as between the parties. There shall be no canon of construction for or against any party by reason of the physical preparation of this Agreement. 5 474 J. Whenever the singular number is used in this Agreement and when required by the context, the same shall include the plural; and the masculine, feminine, and neuter genders shall each include the others. K. The County and the Developer shall grant such further assurances and provide such additional documents as may be reasonably required by one another from time to time, and cooperate fully with one another in order to carry out the terms and conditions hereof and comply with the express intention of this Agreement. L. Failure to insist upon strict compliance with any of the terms, covenants, or conditions herein shall not be deemed a waiver of such terms, covenants, or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or times be deemed a waiver or relinquishment of such right or power at any other time or times. M. All words, terms, and conditions contained herein are to be read in concert each with the other, and a provision contained under one paragraph may be considered to be equally applicable under another in the interpretation of this Agreement. N. The words herein and hereof and words of similar import, without referenced to any particular section or subdivision of this Agreement, refer to this Agreement as a whole rather than to any particular section or subdivision hereof. O. In the event any term, conditions, or clause of this Agreement is declared to be illegal or unenforceable by a court of competent jurisdiction, such declaration of illegality or unenforceability shall not affect or alter the legality or enforceability of any remaining term, condition, or clause hereof, provided of the parties, as set forth in this Agreement. P. Beginning upon the complete execution of this Agreement, the duration of the Agreement shall be 30 years. Q The permitted uses for this development project include: I. Residential (single-family and multi -family) II. Commercial III. Retail IV. Professional Office V. Restaurant VI. Health and Fitness VII. Institutional VIII. Day Care IX. Hotel 6 475 X. Places of Worship XI. Public Parks R. The permitted land use density for the project is 2.59 units per acre. The proposed land use density for the project is 2.59 units per acre. S. The building intensity for the project's residential and commercial uses are below the maximum limitations set for the project, due in part to an excess of open space and recreational areas. T. The proposed commercial and residential structures do not exceed the applicable land development regulation (LDR) limitation of 35'. U. Public facilities including the construction of roadways and roadway improvements, construction of stormwater drainage improvements, and the construction of public transportation transit stops are included in this project. These facilities are required to be completed as stipulated in this agreement and/or prior to the issuance of a Certificate of Completion. V. The following local development approvals are required for this project: I. Rezoning and Conceptual PD Plan approval. II. Preliminary PD Plan/Plat approval. III. Land Development Permit. IV. Final PD Plat approval. W. During the PDTND rezoning and Conceptual Planned Development Approval, the project's consistency with the Comprehensive Plan and LDRs was presented at public hearings to both the Indian River County Board of County Commissioners (BCC), and the Planning and Zoning Commission (PZC). Noting the project's consistency with the Comprehensive Plan and LDRs, both Boards voted to approve the rezoning and conceptual plan. 7 476 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. Signed, sealed and delivered in the presence of: Print Name: Print Name: Approved by: John Titkanich„ County Administrator Approved as to Form and Legal Sufficiency Court and Comptroller Susan Prado, Deputy County Attorney STATE OF FLORIDA COUNTY OF INDIAN RIVER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. Chairman BCC Approved: Attest: LI -A Ryan L. Butler„ Clerk of the Circuit Deputy Clerk The foregoing instrument was acknowledged before me this day of , 2024, by , as Chairman of the Board of County Commissioners, and as Deputy Clerk, for Ryan L. Butler, who are personally known to me or who have produced as identification. (Notary Seal) 8 Printed Name: My Commission Expires: 477 Signed, sealed and delivered in the presence of: Print Name: Print Name: STATE OF NEW YORK COUNTY OF PROVIDENCE POINTE VERO BEACH, LLC By: THE BARILE FAMILY LIMITED PARTNERSHIP, Managing Member LIM General Partner The foregoing instrument was acknowledged before me this day of , 2024, by , the General Partner of The Barile Family Limited Partnership, the Managing Member of Providence Pointe Vero Beach LLC, a Florida limited liability company, who is personally known to me or who has produced as identification. (Notary Seal) 0 Print Name: Notary Public My Commission Expires: 478 10 479 DEVELOPER'S AGREEMENT BE TWEEN INDIAN. RIVER COUNTY AND PROVIDENCE .POINTE NER0 BEACH LLC' FOR OFF-SITE TRAFFIC IMPROVEMENTS :AND RIGHT-OF-WAY DEDICATION THIS DEVELOPER'S AGREEMENT is made and entered into this -!a day of 204,. by and between ee�n XNDIANRIVER COUNTY, FLORIDA, a political subdivision of'thd State of Florida, 1801 27th Strebt;. Vero Beach,. Ft 3,29.60;.("C6unW') and. PROVIDENCE POINTE VERO BEAC111.LLCIa Florida limited liability company'. 660 Reef Road, Vero Beach, FL,32963.("Developer'. WITNESSETH: WHEREAS, Developer proposes 'to develop a "Planned . Development/Traditional NeigWthood, Design!'.(PD/TND) Community located between 0' Street and 53T' Street, alone and .- West of 5:8 .Avenue . in . .1ndi . an. . River County,: Florida, . to . beknown as : Providence Pointe,, to include a mix- of residential,. commercial,. cial,. cre hotel, recreational, ational. and other uses on real property t legally described as follows: SEE EXHIBIT "A"' ATTACHED . HERETO AND MADE.A. PART HEREOF, WHEREAS, at its regular., meeting of August 20., 2013, the Board of Count' 911 .y Commissioners of Indian. River- County Approved the Developer's Planned Development TraditidnalNeighborhoodDg sin . e . . ('TDTND") rezoning. -request and granted conceptual. PD' .plan. Approval for "Providence Pointe" (PD -1:3-04=01/2004110179--:70350 Plan')` and WHEREAS,: a developer's agreement. for off-site traffic.improvements and tight -of -way. dedication is required as a condition of PD/TND approval; and WHEREAS, the Count and the Developer share mutual goals and :have determined that County . P. they can. assist each other with respect. to -rii ht-44ay acqti-sition, toadwa�y and. dramiage ..9 anprovernent.s, intersection improvements,i :arid other improvements described herein and required by the PD/TND approval; and WHEREAS, the County and the Developer desire. to .enter into this Agreement. to set forth the terms and conditions to which they have agreed with respect to the; matters contained herein; NOW, THEREFORE,. for and in. r-onsideration of these premises, Ten Dollars ($1.0.00), and. other good and valuable consideration,. the T.ecei sufficiency 'and sUeide:' y of which. Are hereby 480 -acknowledged, the, County and the Developer do hereby covenant,stipulke, and agree as followsm Recitals: The foregoing recitals are.incomoratedas, if fully restated herein; 2. :Intersection. lip pioveriients: Developer shall contribute the following sums of money or construction Or -both toward the Intersection. Improvements specified below. County acknowledges that, the contributions. or construction Or both described herein satisfy the Developer's -entire respect to off-site intersection improvements through build. -Out of Providence Pointe.. except to the extent that. additional . property or -residential -units: or.. commercial development may be added to Providence Pointe. in. the. fatu.re. The County shall not withhold any approval dc u .prqvAl -or permit nor- shall .1 deny -any concurrency certificate, because of the condition. or Mate of an. *y intersection in the Counas long as the Devbloper is : .ty in compliance with this Developer's. Agreement. A. 41' Street and 5814 Avenue:i (l') . Prior or to the i . 9suance of a Certificate.ofCompletion ("CC") for Phase 1'o of. the Conceptual. -Plafi; Dpvdlopershall. optimize the signal tuning at this. intersection. (2) - Prior to the. issuance of a Certificate. of Completion for Phase. I1,. as depicted on the Conceptual PI :the Developer shall construct -a northbound right turn lane and shall Optimize the signal timing. at this intersection. If the -County has not obtained.the nlght=of-way needed f6r the. Oeveloper to -construct: a northbound right turn lane as described herein, then :the :Developer shall. contribute the estimated cost fbr the design and construction of the right turn. lane. to. the County, as -determined by -a. certified. cost estimate prepared. by.'the project engineer and approved by the County.. (Wherever used in this Agreement; .casts for - 'design" or "construction" or. both shAll. not include right -of -Way acquisition costs.) B. 45th Street and.58' 8' Avenue- Prior to the issuance of a CC for:Phase .I .as depicted on the Conceptual Plan, or within ninety (90) days after the County provides . the. Developer with .a fully executed construction contract for the, ultimate intersection and. imprdverritnts. Which include 'left turn lanes. from all approaches, whichever occurs first the Developer.shall contribute 119% of . the estimated construction costs as the Developer's Cost -Share, Q 400' Street kid. 5 8'. Avenue (1) Prior to the issuance of a CC for Phase IA as depicted on the. Conceptual Plan, the Developer shall obtain .a pietmit i jAbruceUientslprovf&acc pointo7barlIeNdeydiopez's agreement-chan 10AJ4.docX 01 481 and installa temporary traffic signal consisting ing of a,bo span wire at this intersection.. (2) Prior to the issuance of a . CC -for Phase . IA as depicted on the Conc'ephial. Plan, or within - ninety (90) -days after the County provides the Developer with a 'fully executed construction. contract for the ultimate intersection and improvements which. include left turn lanes from all approaches, whichever occurs: first the Developer -shah p I. shall qqntkibute:14.14/0, of. the estimated construction costs as the Developer's Cost Share. D. 53rd Street and 5-8"h Avenue: Prior to the. issuance of aCC. for. Phase IA a depicted on,the Conceptual the Developer agrees to plan, strveyj design,% perrru't, and construct intersection improvements consisting :of the -west leg of the intersection. as -a four lane road to the project's westernmost. connection to 5.3d Street, - for a distance of approximately 900 feet West of 58t' .Avenue, together with an additional transition from a 4-laneroad to. a 2 lane road,proVided, however,. that t ' he County shall be responsible for and. shall pay fifty percent. (50%) of all such costs,. subject to the following additional terms and conditions: (I.) The. County's,'obligation for the cost of landscaping and irrigation. -shall be. limited to fifty percent (50%) of $100,000.00 per mile. (2) The: County- shall not 'be obligated to share in the cost of site related roadway improVemefits, such as turn .lanes. anes. into the project. The County shall have. the right to approve the. scope of work and compensation. for the design and engineering phase .of the project. The County shall not unreasonably withhold or delay such approval. F . ailureto reply to the. :days Developerwithinthirty (30) after the . submittal. of design and OngiiitOring plans shall constitute approval. �(4) The Developer shall have no responsibility for the design or eiigineering:-of 5Yd 'west of the Developer's actual at construction of the west leg of the intersection as described herein; however, prior. to or, concurrently. With final plat approval for Phase IIA .as shown on the =nceptual OD plan, the Develop6r shall be tequired to escrow funds with, jAbruc*.\cIicn6 \Orolvidedcr pointorbaril6dovd1opees ag " m ree 4*rIcanI4.29A4Aocx 3� 482 the County for Developer's share (37.5%). of the cost of the construction of 53d Street. as a two. lane- road from the point where. the paved 'improvements described herein end to the point t. which. is.1454 feet west of the project's east property line. -(5) The Developer's obligation with respect to 5 . 3 rd Street, tr!�et, as identified in this Developer's Agrtement, shall be deemed satisfied.s.o long as the Developer is in compliance with this .Agreement, and. the County shall not withhold any approval, p*iermi. t, or concurrency certificate.becauseof the c ' dition: of 55*'d Street an to on ywhe�re except adjacent Providence Pointe, provided the DeVeloper is incompliance with this Agreement. (0) The -Developer shall receive traffic- impact -fee credits f6r all Aesign, engiqOeritig, .5,permitting, and construction -costs r7associated with the d Street improvements described, herein paid or contributed by the Developer., except. for: those costs. associated with site related turn lanes or other .site reIat.edj;nprovpment..s; and any landscaping. in excess of the landscaping required by County Ordinance. These shall be considered "non:reimbursable costs". 4. 490"StreeOmprovements and Dedication: Ai. Prior to the issuance of a Land Development -Permit- f6r Phase IA of'Providence Pointe, the Developer shall: Dedicate.to the County ten feet (.10') of right-of-way along the project's 49'h Street. frontage: from 58th Avenue West for a .distance of approximately .2.59.1 feet (the "Eastern Segment") see. Exhibit.` B.' and (ii) Dedicate to the County Wong the project's 491h Street frontage sixty feet. (60') of right-of-way from the he West end of the "Eastern Segment" to a point approximately 132 -8 - feet West (the "Western Segment") see Exhibit ".B". B. Prior to the issuance of a certificate of completion for Phase. IB Developer shall construct a. two lane road for a distance of approximately 3,260 feet frornthe existing ,paved road on 490 Street, which efidg. approximately 700 feet west of 588' Ave., to the western boundary. of -Providence Pointe, as shown on the J . :\bruc:c\clients\providence.pointe=bari)6de.veloper's*qgfecnient clean 1028;1.4.docx: 4 483 Conceptual Plan: 'The - construction may be completed .in sections which follow theprogression of aevelopment:of the Project. M-'. -Avenue Dedication: Prior to: theissuance of -a Land. Development Permit for Phase IA for Providence Pointe., the Developer shall dedicate , by -right-of way deed free and. clear.. of all liens and encumbrances, 'the County ,..twenty ,..twenty five' feet (25`) along the property's Avenue frontage, (See.Exhibit'A'C"), 6. The Developer shall provide stormwater capacity for the following. road :segments: A. 58ffi. Avenue, from the property's eastern boundary to the .centerlin.e . of a four -lane road, along: the,projecfs 581h Avenue frontage. B. 40h Street, along the project's entire frontage, ;for a. two-lane. road width, Ci Developer shall. design and construct a temporary swale system within. the County right-of--wayfor-B 'd . ' Street stormwater, as a fbur4ane.road, from Mth-Avenue -west for adistance of one-quarter. mile. 7. DOT Compliance: All road -construction by the Developer pursuant to this Agreement shall be in -compliance . with Florida Department of Transportation standards.. 8. Invoices: Any invoice submitted by the Developer to the County ounty fbr`the-Cqunty1&. payment shall be reimbursed by the County'accordg ein to the. Payment Act (Sections- 2:18..70 and 218.80,.Florida Statutes). 9. Project Bids:. The: Developer shall hall not be required to publicly bid the work described herein, but .all work performed by the. Developer shall . be subject to the reasonable determination b the Count that costs incurred Y % y ed for such work were normal :and .customary:. y., 1.0. -Miscellaneous: A. In.the event of any -litigation arising out. -of this Agreement; the - prevailing party shall recover :attorneys' -fees and costs ftom -thenonq)reva li g party. y jAbtuCft1ienWpMMdtf1C`.0 p6int6-bar11c1deVeJ'GpC6 . specinent clean 10.28 .*.14.-doex 5- 484 B. No amendment.. modift6tion, -change or alteration of this Agreement shall. be Valid or binding wiles d in writing. and executed by s accomplished all.of the ponies hereto,., C. This. Agreement shall be binding upon and inure to the ' benefit of the . n.. parties heretoand their:successors, and assign&. D. This Agreement contains. the entireagreement. and understanding. between the parties. No representation; statement, -recital, undert6king, or promisie .not specifically set forth herein. 'shall-be.binding, o'n:any Ponies hereto. This Agreement. shall. not be effective unless signed by the I Developer And the County.. E. -The obligations of the Developer. to this Agreement are expressly conditioned upon. the Developer's decision,..at -the. Ddvelp.per's sole :discretion, to proceed with the development of Providence Pointe, F. No Building Rerrnit,. Certificate of Completion, or Cc rtificate of Occupancy shall be Withheld or delayed by the Col4nty f6r. Providence Pointe.. or any portion -thereof,. nor shall the County delay.. or withhold any Other requiredpermits, provided thk the Developer :is in compliance with this Agreement,. all :applicable -laws and.regulatiobs.. G.* Except as described herein, 9fid in the plans submitted by the. Developer and approved . by the County, the. County -. shall not require the: Developer to construct, contribbte t% or -share in the costs of any off-site traffic - improvements -other.. than the payment of traffid impact -fees. H. This Agreement and all matters arising hereunder shall be -governed by And construed iri a.ccoWanc.e. with the laws of the State of Florida. Venue hereunder shall. lie in Indian River County, Florida. -Time shall be of the essence: 1. This Agreement shall be deemed prepared jointly by each of .the parties hereto And shall. be construed on parity as between the parties: There shall be no:canonof construction for or against any party by reason of the physical preparation of this Agreement. J. Whenever thedhgu lar: number is used in this Agreement and when required.by .the context, the same shall include the. plural;. luraL!. and the masculine, ne, feminine, and netitet.genders shall- each include.. the others, K. The County and the Developer shall grant. such further assurances and provide such. additional documents as may be'. reasonably reqUired- by one jabruceteli.entslpro4ide.ncp-pointe-ba.ri'l,e\doveloper.'s.agreement ollean 1028.14.dbex N. 485 "+ (Notay SW) If % OFF SO � ar Signed, SCT and delivered STATEOF NEW YORK COUNTY 4F < ' The foregoin instrun. )Ant, W, 8,1 aaknoNvledged before nie this. -J.. day of� 24144, by --i-, c t.. �` t�r�-� , the General Partner of The Bztzie Family Lizniteci Partnership,. the .M zzaging Nlernbe.r -of Providence Pointe Vero Bench -LLC'-. a Flari&.limited liability company; who is personally khbi vn to the or who bas.Oroduced GUI.0 Li [tD•e4— . as identification. < r. (Notary.. Seal) Notary .PUbtic A+1�+ Coizlznissiozz Txpizes: ENAA Nl: C�ULETTE It mm, Ei(p�res June 18<-20:15 j:lbrucelclientslprovidence.pointe-barilaldcvelop�'sa�enrentciean 1�.28:34.s1ocz 488 �1 ilp i EXMBiT "A'.' 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LL) j5anyMZ th Oo >D.O0'C� nD' oDZ.oMz C W F o.zo m` M ap:`cri'S:D r<ran00"-� a: D D. �. m t7.Z G7 0b w' M;0 W N a,tsmw o mmr m z� z : ch - ce m'O.Z Am4 n rn m. -+. z. m v: x. �_'�pp�.zpD D omYog1mcw sg D.-wiRIIm n.�.a1„z m.mrW0. r-. . r-XocOop0 ox'.,.-n .Tv-xm`o Z-4 Co,D.z p anWmz-t�.o y -nZaoz:o�x� O_r r y.� i m.z d+aaW M- �.o.x 'm p z x:D�t-4naC'-4 jg'2i'aan216 WZrr0.m0 p D yyr --n.n �- W m D _'l55: . r-� m D mDZ0.0 n!TI 2. ZN. wfnD N zm .. W O�W.O C zNoo 2 Mtn z m C m o z xP2-1 4. C) _ a m; oma zmzrn: C) x:x 4-- ar.. n O m'iay r.N z �dyOWO O. A-n.c Z r 2 �i M D.0x 10D� 'OODSp6D O. 3 ".m. C.O .� m.0 -M MI. D xoGp� DCDmb''�y D.z zQZ p .>orod tVv. GZ7 A -tam' 9a. .a. n D R o> n n W m 3yZrn..rn14 r 0 p m '4 m.a. G7. -i m -� mzram4y0 o.z -I z m m.. Wll. �a:oN 0.W Omenn. Cw5..x. yZVzz 2 rC.o-j m 00-ni4 Dm > D':0ZM N ODS 0)ZN z 6 OG,O 74 s -c+. x r, -n T. C mW 489 EXMI-T'%",T.ODEVELOPER'S-A:GREXVZNT SKETCH TCH OF LEGAL DESCRIPTION (NOT -A SURVEY.) EXHIBIT "B.' DETAIL OF' SUBJECT PARCEL CD 0 O 04 Z Q hz pi FASr LW AWr 6 co EA�T IM nUff 3 'OC- MTV awroucr 7 Nar-Lm.nucr2 00 C4 Ot iri.W ofcr q > N. �A'SrLW &Ae r arsT iw—rNcr.B CoSr ;0.7.. to 41, rl C, un rn fm 'i�srn co tn x I c S, Z 2, & -Z nz 8 w 41� Z ciAn -pk cp �i - U , as 00T. 41-W 1: 254.63' Ar 1 F 56 rff AYE. Ca 66r3n H k -t Wom JP.O.B; W7"4 rn GRAPHIC SCALE SKETCH OF z 0 X0 06 low SKETCH. OF IEGAL. DaCRIPWN 1 irich'IN FEET =600 ft. NOr A 80VAvAgy suRvEy ':PLAT OF SURVEY FOR:INDIAN RIVER COUNTY PROJ_ NO. 12' -0.29 -PP -POW DATE' 08-47�14 OWN. By..., 6..B. -CKD. BY. S.P.T. MERIDIAN. LANG 9URVrzycRa MS PLAT. AND REPORT ME NOT VALID WTHOUt THE SjGxkmc AND THE ORIGINAL RAISED .SEAL' OF TK FLORIDA REGISIERtC"SURVEYOR AND -11APPER NAMED HEREON VERO DR&CO. M3=0 Lmooff -MCH WNA�lwtt AND. -SEAL MAY F=lATTFEEND.cFTHEATum-R ' PROMM 7n-704-j'jjj, - FAN; 7?2-7944096. L REPORT rMAIL.Ln 99UDA LIXGLITKNEr wjW PLAT AND REPORT ARE NOT A COMPLETE MTHOLIT'n4F ARnWR .0 ... r OF LEGAL DESCRIPTION (NOT A SURVY) Report of Survey. (Project # 12-029 - I .—PIP—ROW • TYPE.. OF'SURVEY:, SKETCH OF DESCRIPTION - NOT A FIELD SOLNDARY'SURVEY • THIS' SURVEY PERFORMED. BYi HOUSTON, SCHULI(FE, -SITTLE &.STODDARD. iNt. LA#6065 dAo.:kIERI" LAND SURVEYORS 1717-NDKN . . RIVER BOULEVARD, SUITE. 261 VERO BEAM, FLORIDA 32960 PROFESSIONAL SURVEYOR MAPPER IN. RESPONSIBLE CHARGE: �CHARLES •H; BLANCHARD, P.S.M. ..-95755- EXHIBIT "B" Legal Desctiption: A PORTION OFSECTION 20, TOWNSHIP 32 -SOUTH: RANGE. 39 EAST, ACCORDING TO THELASTGENERAL PLAT OF LANDSOFTHE INDIAN. RIVER FARMS COMPANY SUBDIVISION,. AS RE -CORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS .. OF ST. LUCIE COUNTY, FLORIDA; -SAID:.LAND NOW LYINGAND BEING IN INDIAN RIVER. COUNTY-,.FLbRI.DA.BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 20, TOWNSHIP .32 SOUTH, RANGE,39.EAST; *THEN.CE.RUN..SOO*13'24"w(pAsi8OFBEARINGS) ALONGTHE 'EAST LINE OF SAID SECTION -.20,.A DISTANCE OF 30.00 FEET; THENCE RUN DISTANCS.OF 1:05.00 rE8T;.THENbt RUN.8 4 S 89745'49'.W� A VOG'241'.E, A DISTANCE OF. 58.34 FEET TO A POINT BEING 65.00 FEET WEST 'OF THE.AFORESAiD. EAST LINE OF SECTION 20;. THENCE RUNS 00013`24"W; ADISTANCE OF 2454.63FEET. ALONG A LINE BEING 65.00 FEET WEST OF AND PARALLEL WITH THE SAID EAST -LINE OF SECT -ION 20 TO. THE POINT OF BEGINNING; THENCE. -RUN S 46.604'08"W, A. DISTANCEOf 56.81 FEET TO A POINT BEING:90.00 FEET NORTH OF THE QUARTER SECTION LINE QF'SAI . D SECTION 20; THENCE RUNS 8900'42nW ALONG ALINE 90.0*0 -FEET NORTH OF AND PARALLEL WITH.SAID QUARTERZECTION LINE, A DISTANCE OF-3.27;2.71'FEET TO THE WEST LINE OF TRACT 6, SECTION .20-32-3.9-THENC ; ERUN 8 00009'28!,W ALONG -SAID WEST i LINE OF TRACT 6, A DISTANCE OF 60.0 FEET TO A POINT BEING 30.00:FEET NORTH OF THE QUARTER SECTION LINE OF SAID. SECTION 20; THENcE. LEAVING S' E SAID WEST LINE.OF TRACT 6, RUN N 69646'42"E ALONG A LINE -REIN G 30.00 FEET ET NORTH. Or . AND PARALLEL WITH THE QUARTER SECTIONLINE OF SAID SECTION 20, A DISTANCE OF 1326.20 FEET; THENCERUN N 00'10'481'� A DISTANCE'OF 50:00 FEET TO A POINT' BEING 80.00 FEET NORTH OF S . AID -QUARTER SECTION- LIN EOF S.ECTION.20; THENCE RUN N 894.8'42"E ALONG ALINE BEING 80;00 FEET NORT.H.'OF-AND PARALLEL WITH SAID QUARTER SECTION LINE OF SECTION 20, A DISTANCE OF 259.4 FEET; N' THENCE kUN.00'13!24�'E,-APISTA!qCE-OPSD;OOFr=ET*f.0 .0 THE POINT OF BEGINNING. SAID PARCEL CONTAINING 2.44 ACRES MORE OR LESS, Legend & AbbrevIqtionw sl. (symbols not scaleable for sl. PLS - PROFESSIONAL LAND SURVEYOR CR COUNTY .ROAD PSM - PROFESSIONAL SURVEYOR: & MAPPER .LB. - JLAND SURVEYING BUSINEst RIW RICHT .Of' WAY X C914TERLINE O.R.B.: - OFFICIAL RECORD BOOK (M) 4EASURED VAWE: P;O.C. - POINT OF COMMENCEMENT (P) PLAT VALUE P.0.8, — POINT OF BEGINNING SKETCH OF ..DESCRIPTION SKErCH.OF'LEGAL DESCRIP7701V PLAT OF SURVEY FOR:. INDIAN RIVER. COtJNTY NOT A 80VN_QARY SURVEY WS SURVEY 15 NOT VALID M'NWT THE MERIDIAN SIGNATURE AND THE ORMINAL RAISED 5EAL OF INE FLORIDA UMSED SURVEYOR AND MAPPER LAND SURVE YORS BEI.OW. 1717IND14N Rt'%'.E;Z #101D SUITE 20J VIC40BEACH, FL. 329i0 F, Goos61 RHONE: 772-794-120, FAX, 771-194-100f. CHARLES H. BLANCHARD. E-MkW LB6005 RL Ps.w. 15755 TRACT 0 -NORTH so. DO, EXHIBIT "C" TO UEVELppwJilAGREEMENT (PRgk10f2) SKETCH of .�:L �9ESR1fCC,�' or THE scum avow ADWAONA; R.aw" NSIDNEV42"E 25.00' (NOT A SUM) SR8'45'49'91105.(f0' pQjNT QF Cp��(��pR�j O.R,6TC -770, PC. 2J7I tL@9'2=49 NRR7NEASi CORNER/ SEC -X70 -J2 -J9 7%J saurH rove fRAcr TS Pm,r OF BEOtNHIHC 00'13'24"W 310.00' . SWfN lou6 Im"A � r� A'R4?11/RF SfC1NW 20 508'45'48"W 65,00' I Op• AWN URF TRACJ l .S45'CO'24"E 55.54' 00' STATE ar fZ ORWA W,57AIF OT 720RWA DEPARW£NT OF OFP,tlflYFNT Of 7RAff_5W7A110N IRANSPORTAPON STAIF ROAD 5-505-A NOW 'D° Sfo al° SM IE. ROAD S -SDS -A b AIWO9 CDITNIY M1JQ7 ABOUNDARY SURVEY luo1AR R!i¢R tYJUR7Y a SFCIIDN 89530-26101 FOR: INDIAN MVER COUNTYP.ROJ. S£CnON 46550-11501 I U DWN. BY: G;H:B. C}CD, BY. S FwT, Mi ERI MAN THIS PLAT AND REPORT ARE NOT VALID VATHOUT THE SiONAIURE AND THE ORIGINAL LAND SURVEYORS 1717TNDIATiRTVEUDLIT SDiTE201 RAISEO.SEAL OF THE FLORIDA REGI5TEREO.SURVEYOR AND MAPPER NAMED HEREON VER0.05AC8.FL.]2960LpH6D9s WH[Di SIGHATORE AND SEAL MAY DE FOUND AT THE END OF THE ATTACHED KPORE nT"754-I2QnFii ,772-7 i:ssG �TAj7 -THE PLAT ANO REPORT ARE NOT`FULL AND COMPLETE 'MIHOUT CNE ANOIHER. WEST 10' OF W EASI 50' £ASE7/ENT W FP s? L. . I 0777CA; RECORDS BORM 508. PC, 147 INWAN RIVER CORN7Y, FL. 7 E1ISr[TdIEs7rC01W24 i2 65' MZfflVY ACF R040 65' All4wY ACI RDAD . RFSbFVA?GV' DTFD 8= S4 RESTRIxim- Dim evar s4 - PACfMRAAC RC2fA5E I P a.W.. PARRA!-RTIfAX,NW TPACT 7 OlFO BOAK 1W. PACE2112 I OW 1761, PAGE 2711 T Mhl 1RUdW RA'Tit LWNTY, R0R/0A RAER COIM'JY, IZW,CA 1 t SWM JRACT 1 r�Pi nrTwr IRS -"Act e 8 f sua, ~cT PARca 1-47ACRES SR' RIDE ORIONAt EAS7.IR1E JRACT - j ROAD --RESEAVA710N ORIGINAL £ASI ROAD RESERVATION LINE I � (I.R,F.D.O. MAPS) TRACT 0 -NORTH so. DO, or THE scum avow ADWAONA; R.aw" NSIDNEV42"E 25.00' O.R,6TC -770, PC. 2J7I I, R. Ca, FL. _� OUAR7ER 3fCMAV W SFOWN 70- C!N GRAPHIC SCALE SKETCH OF DESCRIPTiON 'D° Sfo al° SKETCH OF 00AL DESCRIP AON North ( :+IIS: FEET .1 inch =306 ft- M1JQ7 ABOUNDARY SURVEY PLAN' OF SURVEY FOR: INDIAN MVER COUNTYP.ROJ. NO12--029-58TH--ROW DATE: 08-27-14 DWN. BY: G;H:B. C}CD, BY. S FwT, Mi ERI MAN THIS PLAT AND REPORT ARE NOT VALID VATHOUT THE SiONAIURE AND THE ORIGINAL LAND SURVEYORS 1717TNDIATiRTVEUDLIT SDiTE201 RAISEO.SEAL OF THE FLORIDA REGI5TEREO.SURVEYOR AND MAPPER NAMED HEREON VER0.05AC8.FL.]2960LpH6D9s WH[Di SIGHATORE AND SEAL MAY DE FOUND AT THE END OF THE ATTACHED KPORE nT"754-I2QnFii ,772-7 i:ssG �TAj7 -THE PLAT ANO REPORT ARE NOT`FULL AND COMPLETE 'MIHOUT CNE ANOIHER. 2 493 'EXHIBIT "C"I TO DEVELOP R EVS AGREEMENT (]Page 2 of 2) SKETCH (219F LEGA DESCRIDTION SUR (NOT A rt of`Survey: (Project # 1'2'029'-58TH—R.07� It. — • TYPE OF SURVEY; SKETCH OF DESCRIPTION — NOT A FIELD BOUNDARY SURVEY THIS SURVEY PERFORMED BY. HOUSTM, SCHULKE, 8ITTLE& STQDDARO..1NQ. L14#6905 d.b.a. UERpAm. LOD SUk0QRS 1717 INDIAN RNR BOULEVARD, SUlt 201 VERO BEACHjLWDA 32660 PROFESSIONAL SURVEYOR . ..&. MAPPER IN RESPONSIBLE CHARGE: CHARLES. H. k-ARCHARD, P.S.M; #5755 Legal Description:. A -PORTION OF-SEQTlON 20, TOWNSHIP 32 -SOUTH, RANGE 39:EA .$T, ACCORDING TO THE LAST GENERAL PLAT OF LANDS OF THE INDIAN RIVER FARMS COMPANY `.SUBDIVISION, AS RECORDEQ, IR PLAT BOOK 2, PAGE 26, PUBLICRECORDS OF ST:. LUCIE COUNTY, FLORIDA, NOW LYING AND. BEING 1N INDIAN RIVER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE, NORTHEAST' CORNER OF SECTION .20, TOWNSHIP 32 SOUTH. RANGE 39 EAST; THENCE RUN'S 00*13'24"W (BASIS OF BEARINGS).ALONG THE EAST UNE OF SAID SECTION 20, A. DISM� . NCE. OF 30;00 FEET; THENCE ENCE RUN S 8945'49"W, A. DISTANCE OF 105.00 FEET TO THE POINT OF BqGiNNiNG-,:THENCE,RUNS 45*00'24"E, A DIS'! ANCE OF 66.34. FEET TO A POINT BEING 65.00 FEET WEST OF THE AFORESAID EAST LINE OF SECTION :20; THENCE RUN S 00013'24"1N; A DISTANCE. OF 2504.62 FEET ALONG ALINE BEIN0,65.0O.FEET WEST OF AND PARALLEL WITH THE -SAID EASTLINE OFSECTION.20;THENQE RUN N89748.'42"E..A.DISTANCEOF25:OOFEE.TT.OAPOIN.T BEING 40.00 FEET WEST OF THE EAST LINE OF . SAID SECTION '20;THENCE: I RUN N ,00*1*3'24aE ALONG A LINE BEING 40.00 FEET W . EST OF AND PARALLEL WITH SAJ b EAST LINE OF SECTION20, A.DISTANCE OF 2644.64 FEET TO.AP.OINT BEING 30. : 00 FEET SOUTH OF THE NORTH LINE OF SAID SECTION 20; THENCE RUN S 89045749"W ALONG i0. LINE BEING 30.00, FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE .OF SAID SECTION .20, A DISTANCE OF 65.00 FEETTO THE POINT OF BEGINNING.. .SAID PARCEL CONTAINING 1.48.ACRES MORE OR LESS. Legend & AbbraMatiorts: (-symholt not scadeable for -size) PLS PROFESSTONAL LMD..SURVEYOR PSM PROFESSIONAL SURVEYOR'& MAPPER LB! LAND SURVEYING 90.51NESS' C CENTERLINE aMEASURED VALUE: �Pm'l PLAT'VALUE SKETCH: OF DES.CRIPTiON PLAT OF SURVEY FOR: INDIAN RIVER MEAS -1,01AN LAND SURVEYORS 1717 INDIAN RIPER BLVD, SUITE.201 VER6 BEACH, FL. 32960 LB#6905 PRONE: 7724944213, ItAk. 772-794-1096t E -MALL; LE6505MBELLSOUT&NE CR' COUNTY ROAD k/w. RIGHT OF WAY O.k.B. OFFICIAL RECORD Back P;O.C. — POWT..OF COMMENCEMENT P,dA — POINT.'OF -BEGINNING O.F.SKETGN LEGAL DESCRIPRON COUNTY NOT 4MAN-0 YHE SIGNATO RE: *.6 ViEr ORICOM RAISED SEAL OF - 'WE f(OWL11COM !kf&TO AND MAPPER CHART l S Fl, 43LARCHARD, P.S.M. 15735 494 *Local*[Q POW11531244 Qr31244 Cunt luniilkir OH:4Sr '163-1244 GAIN ET ffff—PUBLIC iARIN(i AFFIDAVIT OF PUBLICATIONVOTMOi Fis - ....: 0 HEREBY GIVEN that ..:. ....:. -" _ of county Commissioner .. . . ♦ Nadia Westiink County.! ttElL Ws Office N(ad ,tan River County, Florida. 010 conduct 0 Public Hearing t0 • Indian RtvPer County AnoTmys=Office �hbItsider amendment 10 a development agreement with on) �Pe�1. e.� ' I801 1!'t. M- `7 a. Providence Point Vero Beath, LLC. - .. Development Location: Between - - V 30 7's+��# ,t 32%wr 399 Oo N 5 49th Streit and Street, along and West of 58th Avenue in Indian "- River County, Florida Proposed Use: Planned Development Traditional STAIM OF VWSCONSIN, COUNTY OF BROWN Neighborhood Design (POTND) Development - Proposed Population Density: 2.59 units per acre Proposed Maximum Building Before the Height: 35 feet undersigned authority r�. ortally a aied •gfiL# . - g.....r„__ - Existing Building Intensity:. :Nen►: on oath says that he or she is the Legal Advertising project site is vacant Proposed (Maximum) Building ttepre4entative of the Indian !fixer Press lourtia t tide 57 Intensity: s, d 38, 00 s {/nits. et hotel rooms, and 38,000 square feet of commercial/mixed uses 1.i J 1�,�t..� News Tftune%Stuart News, nevar5 ublished in Indian The Public Hearing will 24 held on papers . p {� p .... 05 Tuesday, December 3, 2024 of 9�. OS na.,,../�, f .t - Rixer/St Lucl�%Martin Counties, Florida, that the at whed o.m., w ps soon thereafter as the be heard, in the County L w.,,1 a,6,� matter copy of advertisement, being a Legal Ad int matter of metre~ m0Y Chambers located on the first floor of Building A of the Public Notices was published on the purl amessibile I County Administrative Complex, Joel 27th Street, Vero Beach, Counties, websites of Indian 111ver/5t Lucie/Macon Counties Florida' Florida 32960, at which time interested parties may be heard the i or in a newspaper by print in the issues of, ori:. with respect to proposed The e oposed Amended and Restated Developers Agreement Between ProvidencePoint Vero - - - Bear% LLC and Indian River 11/19/2024 Courft mov be inspected by the, !� pubik wring regular business hourR. ( d:m. to 5:00 p.m., Motdap Rp'Olph Friday) qt the further says that the website or newspaper complies C.Cne a the Clerk e the Board of OffAffiant COunty Commissioners located On - the second floor of Building A of the with all legal requirements for publication in chapter SQ County Administrative Complex. y cam.. plraliida 1801 27th Street. Vero Beach, Florida: or alternatively, the FloridaStatutes. Sta agreement may be inspected at i,. i,.�,y ♦ before Subscribed and swom to before me,'by the legal clerk, who Anyone who may wish to appeal any is personally known to me,. on 11119/ 4 decision which may be made at this t. eeting will need 1a ensure and, a . verbatim record of the proceedings - ” - - is made, which includes testimony and evidence upon which the appeal .. .. is based. Anyone who needs a special ' • .: .. " accommodation for this meeting must concoct the County's "- Americans With Disobiliti6f Axt - - - (ADA) Coordinator 01 772-27WffiOF - - .... .. .. .. least d8 hours in advonm all /10 - . - ... .. . . -. . .. Notary.: Statc of WL Cour*y Qf 111Vn meeting. ... .. INDIAN RIVER :MKW BOARD ._ OF COUNTY 1- COMMISSIONER$ .-.:. ... SUSAN ADAMS, tr'iftlRel - Publish November 1q � " � • : " TCN10781756 "::. .. .. ... Publication Cost: $149.00 Tax Amount: $0.00 Payment Cost: $149.00 Order No: 10781756 # of Copim : - Customer No. 1125303 1 PO II:, THIS IS NOT AN IN JIM _ KAITLYN FELZ1' 4 Notary Public St tf$ of : tsconsi Page i liif t 95 /[A, i �45 -1 Location Map WN moll!b1MM'.0 (NNM"h 1M4 �H "I�{il mm Num piiltl tI�R1= H 1 wo .NIiM10' m{111m Q �mmU f-IAMNO "dim tl fgMli ! "OWN��, am IlM � I'vos low, ® jjjj n f Background • On November 15, 2022, the BCC previously approved a very similar project under the name of "Red Tree Cove PD" • More recently, a different applicant/developer is requesting a slightly modified PD approval under the current name of "Emerson Oaks PD" • Due to the nature of the requested changes (i.e. waivers and public benefits), the modified PD project is required to go back through the same review and approval process Modified Development Summary • 76.73 (net) acres — Reduced due to additional ROW dedication • 171 single-family units — Reduced by 4 units due to new ROW alignment • 2.38 units/acre • Reduction in overall open space from 69.7% to 60.73% - Due to increase in building coverage on individual lots • 3 Phases: - Phase I (model row / 7 units) - Phase 1B (north half / 70 units) - Phase 2 (south half / 94 units) Lf 3 Modified Development Summary (Continued) • Additional/Modified Waiver: Increase in maximum building coverage on individual lots from 35% to 50% • Additional Public Benefit: Additional ROW dedication to accommodate a new alignment for 13th Street SW and shift the 43rd Avenue / 13th Street SW intersection further south • All other waivers, public benefits, required improvements, buffers, and project layout remains the same Modified Conceptual PD Plan Dedications, Improvements, & Conditions • ROW dedications for 131h St SW, 17th St SW, and 43rd Ave SW • Off-site traffic improvements • External sidewalks • Internal sidewalks • Streetlights • Common green space/recreation area • South County Initiative (SCI) items to LWj' 5 Public Benefits • ROW dedications • 17th Street SW paving • 13th Street SW eastbound right turn lane • Upsized Utilities lines (water and sewer lines) • Contribution to future 17th Street SW bridge crossing PZC Recommendation At its regular meeting of November 14, 2024, the PZC voted 5-0 to recommend that the BCC grant conceptual PD plan and special exception approval with the conditions recommended by staff, and approved the concurrent preliminary PD plan/plat subject to BCC approval of the conceptual PD plan and special exception. M 12 6 L:... Staff Recommendation That the BCC grant modified conceptual PD plan and special exception approval for Emerson Oaks PD with the conditions listed in staff's report: • ROW dedications • Contribution to future 171 Street SW bridge crossing • Off-site traffic improvements and paving • Final landscape and buffer plans • Streetlighting and sidewalk plans 13 qqE>- Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney PUBLIC NOTICE ITEM: 12/3/2024 LEGISLATIVE Ofce of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr. FROM: Jennifer W. Shuler - County Attorney DATE: November 15, 2024 ATTORNEY RE: Public Notice of Public Hearing Scheduled for December 17, 2024, to Consider Notice Of Intent To Use Uniform Method Of Collecting Non -Ad Valorem Assessments The Board of County Commissioners will hold a Public Hearing on Tuesday, December 17, 2024, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: NOTICE OF INTENT TO USE UNIFORM METHOD OF COLLECTING NON -AD VALOREM ASSESSMENTS The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. /cm 496 Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney Of CB Of Public Notice 12/03/2024 INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Christopher A. Hicks, Assistant County Attorney DATE: November 20, 2024 ATTORNEY SUBJECT: Public Notice of Public Hearing for December 17, 2024, to Consider an Ordinance Authorizing an Extension of the Temporary Moratorium for an Additional 1 Year with regard to Class B Biosolids The Board of County Commissioners will hold a Public Hearing on Tuesday, December 17, 2024, at 9:05 a.m. or as soon thereafter as the matter may be heard, to consider adoption of the following: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING AN EXTENSION OF THE TEMPORARY MORATORIUM FOR AN ADDITIONAL 1 YEAR, OR UNTIL A COMPREHENSIVE REVIEW OF THE IMPACT ON THE COUNTY'S ECOSYSTEM IS COMPLETED, WITHIN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY PROHIBITING LAND APPLICATION ACTIVITIES OF CLASS B BIOSOLIDS; PROVIDING FOR ADDITIONAL STUDY AND POSSIBLE REGULATION OF CLASS B BIOSOLIDS APPLICATION ACTIVITIES; PROVIDING FOR EXHAUSTION OF ADMINISTRATIVE REMEDIES; AND PROVIDING FOR SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, AND AN EFFECTIVE DATE. The public hearing will be held in the County Commission Chambers located on the first floor of Building A of the County Administrative Complex, 1801 27th Street, Vero Beach, Florida 32960. 497 AFFIDAVIT OF PUBLICATIONPUBLICMEAIRING NOTICE IS MLRE9Y Fr1YEN mot' ....... .. ....... . - the Boom M tW WW coat issioners of Indian River` County, Florida, .. .. . �t `�',,,..�...4 nqc� - ..Nadia nc�iw County Attome--yB Office will conduct o PubGt Hearing to .. W 1NwCounty consider adoption of a proposed O�rtdIIIIORDNAN _AttOryW9Office 1801 27Th ST- OF THE BOARD 'C Vero Beach FL 32%0-3388 140IOUNTY III:.. UNT I, tyre taiul skew'�p p�A�, COM RP �1°cEWE F THE IAAF !NI STATE OF NtISCONSIN, COUNTY OF 81iC1WN THE 5 ECOSY%TBM is UN NCORPORATEOEWITHIN - INDIAN RIVER COI,INTIr- q. p�s,�- •,�y',,� ,.yy - efo the unde signed autha 7ty �ly appeared; who � PROHIBITING Ia4N - APPLICATION ACTIVITIES- -- -- ------ y �'�;� y-�+'� I ,�t� ::. an oath says�t iatTie ar ?I1C li hillQ Lep /1GliierAlili� _.`.�. ..__- %r, B alOSOLIDS: PROVIDII $iF ADOIYIONAL STUDY ARD ..-...._...__... _-_........ . :. .. .. ve . :. Representative of Indian Rim PreS.l.Journal/St WYIC POSSIBLE REGULATION OF OS CLASS 8 BIOSOLIAPPLICATION WWIrt''E``S:�`L. News Tribuna�tuart News, n Stun t e newspapers published I�n�In ► PROVIDING FOR E gTau. OF AOMk� A, REMEDIES: ANO tit /� � `.,,t., Lucie/irr orbit Counties+ Florida, OW tt attached R ERABI Itirr��_Y��1����0'¢�,,ttsaaR���"""EP£"i ia7Ver/at I510NL copy of advertisement, being a Legal Ad In the matter of +ter TE. on rs 9:oe Public Notices, was published on the publicly access: at % . @rftit. WW *WWW MNI counnty f M the to websites of Indian River/St Lud+tM;firtin Counties, Florida, oc /irlR Role ton or in a newspapercomplex, by print in the issues of, ori-. sr S=0 vole Beach, . 92960. N Which tine i d Parties MW be heard - .. :. .II/MI respect to VW Proposed 11/19/2024 TTft rwovosed ordinance may be . - inspected by the Public during regular business hours (0:90 a.m. to 5:00 P.m., Monday through Friday) further says:that the website or newspaper complies the ffice of tAffiant oBoard of County �Commiss to olers '.....:. with ail legal. requirements for publication in chapter 5.0, tocoted on the second floor of Building A of the Counly . Florida Statutes. Administrative Complex, iBoi 27th Street, Vero Beach, Florida; or wwn.lvely, the Proposed _.: Subscribed and swam to before me, by the legal clerk, who Wononce may be inspected at WOW-indianriver.gov. is personally known to nae on 11/19/2t>74 _wna may witbe h to appal al any la t. .. -. howling Wille needyt ensure mat verbatim record of the Proceedings - is male, which includes testimony and evidence upon which the appeal ..... is bused. r egai /�C,1Crk �' L Anyone who needs a soeciol accommodation for this meeting must Contact the County's - . Amerlcattf-'With Disabilities Act .. .. (ADA) CainMiotor of 772-226-1223 of �7 ��sri .. County. .. . . `� M State of W `,. .of Bn�� least t ha1Ki in advance of the � ..::. INO AN R1VER'iOUNTY BOARD OF COUNTY ;: SOS AM1IASDOiRMAN JPublish: November 19, tot/ . �-+ .. ... .. MY cnrrunissuoa expim TCN)g77667S Putication Cost: :15$.84. Tax Amours x0.00 . . Payment Cost $15ti.84 s. Order No: 10"6675 tlofCo' Customer Na; 1125303 t w PO IS IS NOT AN INVOICEt Pkvm do noriw rl ia,(,vn for p� nr n nitrmBcic i . KAITLYN FELTY Notary Public State of Wisconsin 498 FR C�; Off ice of the z INDIAN RIVERCOUNTY * * ADMINISTRATOR ORI'D�* John A. Titkanich, Jr., County Administrator Michael C. Zito, Deputy County Administrator Nancy A. Bunt, Assistant County Administrator MEMORANDUM TO: Members of the Board of County Commissioners FROM: John A. Titkanich, Jr., ICMA-CM, County Administrator DATE: November 20, 2024 SUBJECT: City of Vero Beach — Request for County Funding for Humiston Boardwalk Background & Discussion The City of Vero Beach forwarded the attached letter requesting the County's participation in its Humiston Boardwalk project. The Humiston Boardwalk was constructed over 50 years ago and was damaged during Hurricane Nicole. County Administration was approached this past summer concerning the project following the City of Vero Beach City Council selection of a project alternative. City Manager Monte Falls and I've met and have had several discussions on the Humiston Boardwalk project and the financial issues the City was facing concerning FEMA. On October 23, 2024, Commissioner Moss and I met with City Manager Monte Falls to discuss the project. Based on a review of the emails and documents provided by the City, they initially sought $1,991,059 in FEMA Public Assistance to replace the boardwalk, but FEMA deemed the project ineligible as post storm photos, "...showed areas of spalling concrete, rusting rebar cracking and chipping to the boardwalk concrete and pilings indicative of an aging structure that is nearing the end of its useful life." Clarification was provided following FEMA's ineligibility determination, and FEMA andthe City at some point agreed $402,902 was the amount for storm related damages. Subsequently, FEMA informed the City on August 8, 2024, they are only eligible for $83,095.16 for the Humiston Boardwalk project. The City filed a timely appeal on FEMA's notice of the reduced funding amount with FDEM, who transmitted the appeal to FEMA this past week. FDEM has indicated they support the City's appeal and FEMA has 90 days to render a decision on the appeal. 499 The City's is endeavoring to commence construction of the project on November 1, 2025, as sea turtle nesting season on Florida's east coast generally runs from March 1st to October 31st. To accomplish this, the City cannot wait for FEMA's final decision concerning their appeal. They need to hire an engineer, perform the necessary surveying and geotechnical work, finalize design, submit an application and obtain a permit from the Florida Department of Environmental Protection, and procure a contractor. Based on conversations, and the attached letter from City Manager Monte Falls, the City of Vero Beach is requesting funding for the Humiston Boardwalk Project from the Tourist Development Tax as, "Humiston Park is one of the most visited beach parks in the entire County by residents and tourists..." The City noted in conversations that District 1 (the City of Vero Beach) respectively accounts for nearly half of Tourist Tax Development revenues. County staff prepared and previously provided the Board a similar version of the below table that details the past five years of tourist development tax collections. Funding The Florida Statutes, County Ordinance, and County policy govern the authorized use of tourist development tax revenue. Florida Statute, Section 125.0104(5)(a)5, provides the authorized uses of tourist development tax revenues, which include, "To finance beach facilities, or beach... improvement, maintenance, renourishment, restoration, and erosion control..." Section 210.03 of the Indian River County Code of Ordinances provides the authorized uses of tourist development tax revenue, specifically subsection (a)(4) provides, "To finance beach improvement, maintenance, renourishment, restoration, and erosion control..." The County's Outside Agency Funding Policy provides guidelines for staff and the Board of County Commissioners concerning the funding of outside agency requests. Section V declares the policy for funding agencies with Tourist Development Tax revenues. The Outside Agency Funding Policy, as adopted, provides, "The TDC will not accept or fund grant applications from other governmental agencies or municipalities." Requests (grant applications) for use of tourist development taxes are reviewed by the Tourist Development Council who consider and make a recommendation to the Board of County Commissioners who must ultimately approve funding requests. The policy requires, to receive funding an agency must promote, enhance, or attract tourism in Indian River County. The City of Vero Beach 500 Tourist Tax Collections By District - Last 5 Years Fiscal Year District 1 - VB Percent District 2 - IRC Percent Total 2020 $ 1,258,509.64 46% $ 1,455,753.86 54% $ 2,714,263.50 2021 $ 1,792,828.76 49% $ 1,830,385.55 51% $ 3,623,214.31 2022 $ 2,284,753.21 51% $ 2,200,723.22 49% $ 4,485,476.43 2023 $ 2,339,163.43 48% $ 2,557,761.80 52% $ 4,896,925.23 2024 $ 2,173,285.52 46% $ 2,503,439.37 54% $ 4,676,724.89 Total $ 9,848,540.56 48% 1 $ 10,548,063.80 52% $ 20,396,604.36 Funding The Florida Statutes, County Ordinance, and County policy govern the authorized use of tourist development tax revenue. Florida Statute, Section 125.0104(5)(a)5, provides the authorized uses of tourist development tax revenues, which include, "To finance beach facilities, or beach... improvement, maintenance, renourishment, restoration, and erosion control..." Section 210.03 of the Indian River County Code of Ordinances provides the authorized uses of tourist development tax revenue, specifically subsection (a)(4) provides, "To finance beach improvement, maintenance, renourishment, restoration, and erosion control..." The County's Outside Agency Funding Policy provides guidelines for staff and the Board of County Commissioners concerning the funding of outside agency requests. Section V declares the policy for funding agencies with Tourist Development Tax revenues. The Outside Agency Funding Policy, as adopted, provides, "The TDC will not accept or fund grant applications from other governmental agencies or municipalities." Requests (grant applications) for use of tourist development taxes are reviewed by the Tourist Development Council who consider and make a recommendation to the Board of County Commissioners who must ultimately approve funding requests. The policy requires, to receive funding an agency must promote, enhance, or attract tourism in Indian River County. The City of Vero Beach 500 notes in its request, "...Humiston Park is one of the most visited beach parks in the entire County by residents and tourists..." In evaluating the City of Vero Beach's request for Tourist Development Tax (TDT) funding for the Humiston Boardwalk, the use of TDT revenues would be an authorized use in accordance with the Florida Statutes and it would not be inconsistent with the County's Ordinance regarding uses of TDT revenue. However, the request, albeit not in the form of a grant application, is not consistent with the County's adopted Outside Agency Funding Policy. Again, the policy provides to, "...not accept or fund grant applications from other governmental agencies or municipalities." Historically, the TDC and Board of County Commissioners have not wavered in the application of this policy. Absent the County's Outside Agency Funding Policy, the Humiston Boardwalk project would be eligible for use of Tourist Development Tax (TDT) revenues, at least in consideration of the City's request. The Board of County Commissioners need to consider if they are willing to deviate from the Outside Agency Funding Policy. To fund the City's request with TDT revenues the County would have to do so through the fund balance. One concern would be how approving this project would affect future requests, or would it lead to additional requests and unnecessarily strain future tourist development tax resources. A majority of Indian River County voters recently voted to levy an additional one cent in tourist development tax to benefit beach renourishment. The cost to maintain, restore, and renourish our beaches continues to escalate. The County last completed a Sector 5 Beach and Dune Project in the spring of 2020, and it roughly cost $5.97 million. The County is planning to undertake a 2025/2026 Sector 5 project next winter and the estimated costs are between $7.65 and $8.5 million. Humiston Boardwalk is unique given its historical significance and because of its immediate proximity to many hotels and surrounding establishments, it arguably serves as one of the primary hubs of tourism within Indian River County. Conceivably, the boardwalk is an extension of the beach infrastructure, and it promotes access, use, and enjoyment of the beach and its ecosystem, a well- known magnet for tourists. If the Board of County Commissioners were to declare an exception to the policy it could 1) refer the project to the Tourist Development Council for consideration and a recommendation to the Board, or 2) declare the exception to policy and have the Board make the decision. If the Board were opposed to using Tourist Development Tax revenues but supported the project and wanted to participate in funding the City of Vero Beach's request, staff can evaluate other potential funding sources. If the Board of County Commissioners are supportive of the Humiston Boardwalk project, there are three alternatives the City has presented. The three alternatives are for a Concrete Boardwalk at the face of the dune; a Wood Boardwalk at the back of the dune; and a Concrete Sidewalk at the back of the dune. At its June 11, 2024, meeting the City of Vero Beach City Council selected Alternative 3 (Concrete Sidewalk). 501 The County's Natural Resources staff has indicated a back of the dune alternative is preferred. Thus, staff recommends Alternative 2 (Wood Concrete) or Alternative 3 (Concrete Sidewalk) for the Board's consideration. In addition to the boardwalk alternatives considered by the City Council, the City Manager's letter also proposes adding two pavilions ($40,000 est.) and a new lifeguard tower ($150,000 est.). These additions would generally increase each alternative by at least an estimated $230,000 and they are not reflected in the estimated costs in the table below. Alternative No. Boardwalk Type Facility Location Estimated Cost Alternative 1 Concrete Boardwalk Face of Dune $1,991,059 Alternative 2 Wood Boardwalk Back of Dune $1,594,008 Alternative 3 Concrete Sidewalk Back of Dune $ 709,097 In my discussions with the City Manager, to include our meeting with Commissioner Moss, the pavilions and the new lifeguard tower were not discussed. We were presented with the above table of alternatives and costs estimates (Attachment 3). 1 believe the project as originally presented to the County, less the pavilions and lifeguard tower, are more consistent with the County's ordinance. There is a difference between the authorized uses set forth in Florida Statute and the County's Ordinance. "Beach facilities," are not specifically included in the County's Ordinance. Thus, if the Board of County Commissioners were to decide to support the Humiston Boardwalk project and use tourist development tax revenue, I recommend the Board consider the City's request based on the (original) alternative table provided above. Finally, if supportive, I believe the Board of County Commissioners should view this project as a partnership with the City of Vero Beach recognizing FEMA will provide some level of funding, at least $83,000 and up to approximately $403,000, depending on the outcome of the City's appeal. Regardless of the funding source, the Board should consider an amount or percentage of the balance of the project when the FEMA funding is lessed out. Staff Recommendation Staff is requesting the Board of County Commissioners review the information contained herein and the attachments and provide staff direction. Attachments 1. November 19, 2024, letter from COVB City Manager Monte Falls 2. Attachment (Alternatives) to COVB letter 3. Original COVB Boardwalk Alternatives (presented at October 23rd meeting) 4. COVB City Council June 5, 2024, Agenda Item 502 November 19, 2024 City.of Vero Beach 1053 20th Place - P.O. Box 1389 Vero Beach, FL 32961-1389 (772) 978-4710 • citymgr@covb.org • www.covb.org VIA EMAIL John A. Titkanich, Jr., ICMA-CM County Administrator Indian River County County Administration Office 1801 27th Street Vero Beach, FL 32960-3365 jtitkanich@indianriver.gov RE: Humiston Boardwalk Dear John: OFFICE OF THE CITY MANAGER On November 9, 2022, Hurricane Nicole made landfall as a Category One Hurricane south of Vero Beach. The storm caused beach erosion and damages to the Humiston Boardwalk which was last constructed as a concrete boardwalk over 50 years ago. The post -hurricane condition of the boardwalk was unsafe for public access and it was subsequently demolished. The City engaged Coastal Technology Corporation to provide alternatives for replacement as provided below. In addition to the boardwalk alternatives, we propose adding:ro pavilions (±$40,000 each) and a new lifeguard tower (±$150,000). On June 11, 2024, the City Council selected Alternative 3, the concrete sidewalk option, because it was the most cost effective. A total project cost, including the lifeguard tower and pavilions, would be $1,024,000 for the selected alternate. The Federal Emergency Management Agency had initially committed $403,000 to this project (03/12/2024) but subsequently reduced that amount to $83,000 (08/08/2024). .503. John Titkanich November 19, 2024 Page 2 After the June 11, 2024 City Council meeting, concerns were expressed from the public that a boardwalk and not a sidewalk should be constructed. If a concrete boardwalk was constructed in the same location as the previous boardwalk (Alternative 1), the all -in cost including the lifeguard tower and two pavilions, would be $2,314,000. A wood boardwalk located landward of the previous boardwalk (Alternative 2), with the lifeguard tower and two pavilions, would result in a cost of $1,917,000. As Humiston Park is one of the most visited beach parks in the entire County by residents and tourists, the City of Vero Beach requests funding from the Tourist Development Tax in the amount of: This project is extremely time sensitive as construction can only be done on the beach between November 1St and February 28th. We are attempting to begin construction on November 1, 2025. Sincere) , Monte K. Falls, P.E. City Manager cc: The Honorable Mayor and City Councilmembers Matthew T. Mitts, P.E., Public Works Director John S. Turner, City Attorney Attachment: Alternatives 504 86 - v i L a C � - a IL i :1 f t I I O U 0 O N.: 0 0 amt7mWlt mum O�coI i-�LnIcr1�NIcDImI � M i0 O . d" G; y O m f0 CD U O O = N W U 7 C � N G C u u 11 A 10 E L a r-• PIL6 City Council Agenda Item Meeting of June 11, 2024 TO: The Honorable Mayor and Members of the City Council FROM: Monte K. Falls, P.E., City Manager(xkYS:;." �. isS DATE: June 5, 2024 SUBJECT: Humiston Park: Boardwalk Replacement Alternatives REQUESTED BY: City Manager/Public Works Director The following is requested as it relates to the above -referenced agenda item: Request Council review and approval based on the attached supporting documentation. X Request Council review and direction based on the attached supporting documentation. No action required. (Discussion only) No action required. (Information only) 513 Subject: Humiston Park: Boardwalk Replacement Alternatives (PW Project # 2022-44) Cost: $709,097 - $1,991,059 ®ate: June 4, 2024 Background: Hurricane Nicole made landfall as a category 1 hurricane south of Vero Beach on November Stn 2022. The storm resulted in substantial beach erosion and caused damages to the Humiston Boardwalk. The concrete boardwalk was constructed 50± years ago and was near the end of its design life. The post hurricane condition of the boardwalk was unsafe for public access and as such, the boardwalk was demolished after the storm event for safety purposes. The City engaged Coastal Technology Corporation (Coastal Tech), our continuing professional engineering services provider for coastal/marine engineering tc3 evaluate replacement alternatives for the boardwalk. Coastal Tech has provided the below replacement alternatives for the City's consideration. In addition to the boardwalk replacement, the current temporary lifeguard tower is nearing the end of its design life. A more permanent solution is needed. The layout and location of the previous lifeguard room, which was on the north side of the existing waterfront pavilion at Humiston Beach, did not provide enough visibilfty along the coast. The lifeguards would often 514 station themselves on the boardwalk for improved visibility. Once an alternative is selected for the boardwalk, the design will be cotudinated with Recreation and the lifeguards to determine lifeguarding elements that should be included in the final design. Funding: It is estimated that there will be $284,000 I1 #unci% prt vided front _the Federal EnvmVpmy Management Agency (FEMA). There are no other funds identified in the current Five Year Capital Program for the Humiston Boardwalk replacement. Recommendation: • Place this item on the June 11th City Council Meeting • Select one of three boardwalk replacement alternatives presented Attachments: Humiston Park: Boardwalk Replacement Alternatives presentation L-� c*1 tn 0 x W 0 N O O O�OOOMOMd- O ONMNLA0000t11 00 O a1 QO O to000M0 o0 O r- O M f V O N M *-+1- V O N Do p� G 01 ri r O 10- O •• In, Q-1. rILJ�df OQ V O O LA LA M p= .. 4 = O !-1 ,--� ,-i r-1 p ul 00 N ift ai C C 'ra C '0O 4-1 lij J�jt�j • 'r 77 00 t0 NG7 00 +-a t0 +N-� 00 � _ O �. V _C i C O m � O V as C U E¢�� t► d Q ? N 0 c N 8'? [n a aj � a I#* mwLm � . ` ^ ,{ �. 2 \\>\r\ \\� 00 ad 0 3.f 14 wo > 9 w L "4 4.0 M N lIj :��i N N In EFL'Alk-im ltmwmoi - tim JUL #j!l L EFL'Alk-im ltmwmoi - tim r N 00 N tn o� N Ln� _ 1 c H O 0O D E} 3 0 • `' Lri Ln Ln CY) N r . -Fz WjN Q 14- 0 O h �R m U N LI) p �: O 0 C- 409' 07 O -C C) a� O L— CO O V)U _Y � � _ O L N O U E to+ O a) U 0 O a) •� U N IDW •� VJ } (D Q — �� ? a) Ute. - U �.�OQ>Q� a� o .— E u u V w O Q o� N O M V co N 0 • � .° Q C 7 Q U U C U r�r M �� INDIAN RIVER COUNTY, FLORIDA MEMORANDUM TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator Kylie Yanchula, Natural Resources Director FROM: Quintin Bergman, Coastal Resource Manager SUBJECT: Coastal Construction Project Access - Graf Application DATE: November 20, 2024 DESCRIPTION AND CONDITIONS On November 5, 2024, the Board of County Commissioners (BOCC) approved the Coastal Construction Access Policies. The new policies provide an avenue for private oceanfront property owners to apply to temporarily use a County Beach Park for beach access to construct a privately funded project at their coastal property. On November 20, 2024, staff received the first application utilizing the Private Use of County Property for Non -Emergency Coastal Construction Access policy. Staff met with the owners and completed a site visit to confirm that there is no viable access to the coastline for heavy equipment at the property. A separate coastal access site is warranted. The proposed plan for access through Treasure Shores Beach Park includes two half days to transfer a large piece of machinery to and from the coastline. No hauling of material will occur through the Park. The property owner and contractor are required to maintain safety and restore the park to pre -construction conditions. The proposed application is complete and has been reviewed and approved by the Parks Division, Attorney's Office, Risk Management, Public Works, and the Building Department. This application to utilize Treasure Shores Park for two half days in December is ready for consideration by the BOCC. FUNDING There is no cost to the County associated with accepting this application. Applicant will pay a use fee totaling $1000. RECOMMENDATION Staff recommends that the Indian River County Board of County Commissioners approve the licensee to utilize Treasure Shores Beach Park for two half days in the month of December. Staff recommends the Board of County Commissioners approves the Chairmen to sign and execute the License Agreement on behalf of the County and upon concurrence by the County Attorney. ATTACHMENTS License Agreement APPROVED AGENDA ITEM FOR December 3, 2024 533 LICENSE AGREEMENT This Agreement entered into on this _ day of , 2024, between Indian River County (County), Martin B. Graf (Owner) and Sussan-Allen Construction (Contractor), (Owner and Contractor shall be collectively referred to as "Licensee"), who are hereby authorized to temporarily use the established beach access point at (Treasure.Shores.Beach.Park) ("County Property") for the limited purpose of locating certain heavy equipment onto the beach to perform 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 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 December 9, 2024 (with a backup date of December 11, 2024) and December 23, 2024 (with a backup date of December 29, 2024) between the hours of 7:00 am to 12:00 pm (the "License 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 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. 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). 534 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 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 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 7:00 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 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 wrongfut 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 535 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 restoration of the County Property. 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 bythe 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 than Automobile $1,000,000.00 Combined single limit for Bodily Injury and Property Damage Commercial General A. Premises/Operations B. Independent Contractors C. Products/Completed Operations D. Personal Injury E. Contractual Liability F. Explosion, Collapse, and Underground Property Damage • 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 Countywill be given thirty (30) days written notice prior to cancellation or material 536 change in coverage. Copies of an endorsement -naming County as Additional Name Insured must accompany the Certificate of Insurance. Insurance certificates attached hereto and incorporated by reference as Composite Exhibit W. 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 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 accordingto 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 shalt be deemed cumulative and additional, and not in lieu or exclusive of each other or of any other remedy available to either party, at law or in equity. Each right, power and remedy of the parties provided for in this Agreement shall be cumulative and concurrent and shall be in addition to every other right, power 537 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 partyto insist upon compliance by the other party with any obligation, or exercise any remedy, does not waive the right to do 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 at the addresses of the parties shown below: Indian River County Attn: Natural Resources Department - Coastal Division 1801 27th Street Vero Beach, FL 32960-3365 Contractor: Sussan-Allen Construction 500 Bill France Blvd #11182 Daytona Beach, FL 32114 Owner: Martin B. Graf 10880 Highway Al A Vero Beach, FL 32963 Notices shall be effective when received at the address as specified above. Facsimile transmission is acceptable notice effective when received, provided, however, that 538 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 539 LICENSEE OWNER Date: NAME: Martin B. Graf TITLE: Trustee of the Revocable Trust of Martin B. Graf (Property Owner) Witnessed by: Signature: Printed Name: Address: CONTRACTOR NAME: Tom Sussan TITLE: Co -Owner Sussan-Allen Construction Witnessed by: Signature: Printed Name: Address: INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS John A. Titkanich, Jr., County Administrator Approved/Ratified by BOCC ATTEST: By: Ryan L. Butler, Clerk of Court and Comptroller Signature: Printed Name: Address: Date: Signature: Printed Name: Address: Date: Approved as to Form: Jennifer W. Shuler, County Attorney 540 1/23/2025 • Staff have completed review of the application materials and confirmed the eligibility criteria have been met for BOCC consideration Question- - - Eti -bl•-,.. . Ineligible'.-. "" ... or e(�. , .. OgJ141tIgM Wforth to _ season? .....: z. ':.. III during .. - the prol,, :.. oastal Construction Project Access -than 1 of the eight - `. .z beech parka closing elate time/date for the so[e -. private use? ' S. Witt this closure result in a public beach park being.. 4 Graf Applicationqr , than t501inearfoa beach bontege)or l5 days within :.; 1/23/2025 • Staff have completed review of the application materials and confirmed the eligibility criteria have been met for BOCC consideration Question- - - Eti -bl•-,.. . Ineligible'.-. 1. Are the proposaQ outside of sea turtlen? Yes - No or e(�. , .. OgJ141tIgM Wforth to _ season? .....: .; ':.. III during .. - the prol,, :.. been obtained? - - -than 1 of the eight - `. ' beech parka closing elate time/date for the so[e -. private use? ' S. Witt this closure result in a public beach park being.. for more than 5 days within the month (parcels with less. m[ than t501inearfoa beach bontege)or l5 days within :.; . month (parcels eater than 150 linear toot beach fro 6. Is the project for initialconstruction, and/oremagency protective measures? 7. Does the contractor hotd the insurance required fora licenseagreement? "8. Does staff recommend bringing the project to the board': based upon the submittal? - ---' 1/23/2025 Site Details 4L- • FDEP Permit obtained by Licensee • Construction requires an excavator • Not sufficient clearance to bring heavy equipment through the subject property • No other viable access alternatives confirmed • All supplies, crews, and materials will use property Proposed Use • Use of Treasure Shores Beach Park for two (2) half days for equipment access • Dec. 9, 2024 and Dec. 23, 2024 • Weather delay: Dec. 11, 2024 and Dec. 29, 2024 • No hauling of material through the Park is proposed • Equipment transport restricted to seaward of the mean high water line unless licensee has obtained alternative permissions • Excavator to be stored on applicant's private property once on location ;t Park Impact • Excavator will access the beach: using the established dune pathway • Transfer the excavator to and from the beach • Operation will occur in the morning • Staff will be on site to observe and reopen park to the Public • Park is to be restored to pre -use or better than condition 1/23/2025 D 1/23/2025 -� Application Materials • Complete Application • $100 Application Fee • Reviewed and no objections from: • Parks, Recreation, and Conservation Lands • Risk Management • Public Works • Attorney's Office • Emergency Management • IRC is listed as additionally insured • Use fee & bond required upon approval 'TV [A---4 1/23/2025 Recommendation • Staff recommends that the Indian River County Board of County Commissioners approve the licensee to utilize Treasure Shores Beach Park for two half days in the month of December. • Staff recommends the Board of County Commissioners approves the Chairman to sign and execute the License Agreement on behalf of the County and upon concurrence by the County Attorney. 1/23/2025 F Departmental Item Indian River County, Florida Department of Utility Services Board Memorandum Date: November 14, 2024 To: Indian River County Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Nancy A. Bunt, Assistant County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Bryan Beavers, Utilities Finance Manager Subject: Update Regarding EPA Mandated Notice of Unknown Service Line Material Letter Dated November 8, 2024 Background: In 2021, the United States Environmental Protection Agency (EPA) passed a set of regulations now known as the lead and copper rule improvements (LCRI) that requires water utilities to identify and replace any lead pipes used in water service lines. To implement these regulations, EPA delegated the implementation of the LCRI rules for Florida properties to the Florida Department of Environmental Protection (FDEP). The first step in implementing this ruling requires an inventory of the material type used for all water service lines. The second step is to investigate all water service lines identified during the inventory as "Unknown" regarding the material and determine which, if any, are lead. The final step is to replace all water service lines containing lead. Indian River County Department of Utility Services (IRCDUS) embarked on step one of the inventory initiative in August 2022. IRCDUS is now in step two of this process. Analysis: Compiling the inventory in step one required IRCDUS to review its historical records and identify the service lines where the materials used was known. This required a review of 56,386 IRCDUS water service line records for date of property construction and materials used by IRCDUS in constructing the service line. The review resulted in Staff identifying 45,903 water service lines that were determined safe and free of lead based on the year of the pipe installation and the year the home was built. The remaining 10,483 water service lines are unknown and required further investigation. The next step in the investigation required us to notify the property owners whose water service line material has been identified as unknown. This step required IRCDUS to mail a Notice of Unknown Service Line Material Letter to the property owner along with a Lead Service Line Replacement pamphlet. This mailing was reviewed and approved by FDEP. This mailing was sent by IRCDUS on or about November 8, 2024. Pa941 Departmental Item IRCDUS is now notifying the Indian River County Board of County Commissioners (BCC) that the mailing has been completed, and we are receiving both responses to our request as well as question/concerns. Based upon those customer questions, a follow-up letter to address customer inquiries was mailed on or about November 22, 2024. Funding: No funding is requested at this time. Recommendation: This update notification item is provided for the Board of County Commissioners' information. No action is necessary at this time. Attachment: • Notice of Unknown Service Line Material letter • Lead Service Line Replacement pamphlet • Second Follow Up Letter Date: Name Street City and Zip Code Indian River County Department of Utility Services 1801 27th Street, Vero Beach, Florida 32960 Phone: 772-567-8000, Fax: 772-770-5143 Indian River County Department of Utility Service Subject: Notice of unknown service line material In 2022, staff at Indian River County Department of Utility Services (IRCDUS) began compiling data for a complete inventory of our water service lines. The data collected includes the County owned and privately owned service lines of all IRCDUS customers in the county. This is an unincorporated Countywide project, and we are asking for your help in completing this federally mandated requirement. IRCDUS has created an interactive map that will help show you what kind of pipe materials are connected to your residence or business. Please check out the interactive map on our website at www.indianriver.gov if you would like to know what kind of pipes are in or around your home. In many instances, IRCDUS has been unable to determine what material was used to construct the service lines for a large number of homes throughout the County and unfortunately, your residence is one of those homes. As such, in accordance with 40CFR §141.85 (e)(1), IRCDUS is informing you that the status of your service line is unknown. Due to the unknown nature of your service line, we are asking for your help in identifying the service line material for the private portion of your home's service line. The private portion of the service line is typically the portion between the water meter and your home. For additional information and guidance on how you can help please refer to the included tri -fold pamphlet. The pamphlet includes a QR code that will link you directly to the interactive map as well as a QR Code and link to a form that we would ask you to complete to help us in identifying your service line material. Please feel free to contact us with any questions at (772) 770-5300 or visit our website at Indianriver.gov under the Utilities tab. 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L -� m Q) N Q>j E ao E v Q� O o O QJ } QJ o > - C ��vEll c 0 G� Indian River County Department of Utility Services 1801 27th Street, Vero Beach, Florida 32960 �lORN� Date: Name Street City and Zip Code Indian River County Department of Utility Services — Federal Mandate — Pipe Inventory Subject: Notice of unknown service line material You recently received a letter from Indian River County Department of Utility Services (IRCDUS) with information regarding your water service line (commonly referred to as a water pipe) that provides water flow into and out of your water meter box. IRCDUS would like to clarify that the letter was not intended to imply that anyone has lead pipes. The federally mandated initiative is simply an inventory of the type of materials currently used for each customer's service line. Please understand that this inventory is occurring nationwide. While we do not believe there are any lead materials in IRC water service lines, federal regulations governed by the Environmental Protection Agency (EPA), mandate all utilities nationwide, verify the type of materials currently being used for each service line. IRCDUS has been working diligently to comply with this federal mandate by logging all pipe materials for each of our over SS,000 customers and forwarding this information to the EPA through the Florida Department of Environmental Protection (DEP). To date, we have NOT found any lead service lines in unincorporated Indian River County. IRCDUS would appreciate your assistance in complying with this inventory federal initiative. As the previous notice requested, if you know the kind of water pipe material that provides your service, please assist by filling out the form located on our website: indianriver.gov/utilities. On this page you can click the tab on the left marked "Lead Service Line Replacement." If you do not have access to a computer or need additional help to fill out the form, or just have general questions, please contact customer service at (772) 770-5300. At the IRCDUS, our mission is to provide a future of high quality drinking water through exceptional personnel and operational practices, targeted at safeguarding public health and protecting our environment. V ER q G?� Indian River County Department of Utility Services z 1801 27th Street, Vero Beach, Florida 32960 OR'M?' FREQUENTLY ASKED QUESTIONS: Below you will find commonly asked questions and responses regarding the federal initiative. WHAT IS THE NEXT STEP? Some homeowners already know what material their service line is made of. If you do, please fill out the form or call customer service to guide you through the process. The form can be found on the County website at indianriver.gov/utilities under the "Lead Service Line Materials" tab. IF I AM NOT ABLE TO DETERMINE MY MATERIAL, OR I DO NOT HAVE A COMPUTER, WHAT SHOULD I DO? Please contact customer service at (772) 770-5300. You are not required to do anything at this time if that is your choice. WHAT IS THE FLORIDA DEPARTMENT OF ENVIORMENTAL PROTECTION (FDEP)? The Florida Department of Environmental Protection is the state's lead agency for environmental management and stewardship — protecting our air, water and land. The vision of the Florida Department of Environmental Protection is to create strong community partnerships, safeguard Florida's natural resources and enhance its ecosystems. WHAT IS THE ENVIORMENTAL PROTECTION AGENCY (EPA)? The mission of EPA is to protect human health and the environment, per the EPA. The organization uses national efforts to reduce environmental risks based on the best available scientific information. IRCDUS works closely with its federal and state partners to ensure that customers get clean and safe drinking water. SHOULD I BE CONCERNED? No, at this point we are simply attempting to collect information on the pipe material used for service lines throughout the County. Our water does not naturally contain lead, rather lead can leach into the water if a home happens to be served by a lead service line; however, IRCDUS treats and maintains our water to protect against corrosion and prevent the lead from leaching into the water. 547 �7A� Office Of Attorney's Matters 12/3/2024 INDIAN RIVER COUNTY ATTORNEY Jennifer W. Schuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Christopher A. Hicks, Assistant County Attorney DATE: November 26, 2024 SUBJECT: Fire Station 11 Completion Contract Background: The County entered into a contract with Intertech Construction Corporation of America, Inc to remodel and refurbish Fire Station 11 on September 22, 2022. The project has been fraught with challenges and delays, including poor workmanship, and nonexistent progress, which eventually led to this Board revoking the Construction Bond on or about July 2, 2024. As a result, the bonding company has been endeavoring to find a suitable replacement contractor and evaluating the remaining construction necessary for completion. Proctor Construction Company, LLC, has been selected to complete the work at Fire Station 11 pursuant to the original specifications and change orders. The price for completion is $451,512. The County is responsible for $171,871 of this amount, which represents the remainder due on the original contract with Intertech. The bond company is responsible for the remaining $279,641 pursuant to their obligations. Proctor will have 90 days to complete the work. The contract also includes a $60,000 contingency fund in the event that unforeseen issues arise unrelated to the work previously completed by Intertech. Funding: This item does not require any additional funding for the renovations, as it is within the original contract amount. However, in the event the $60,000 contingency funds are needed, funding will come from the Emergency Services District/Fire Rescue/Fire Station #11 Renovations account, number 11412022-066510-22040. 548 Fire Station 16 Property Purchase November 26, 2024 Page 12 Recommendation: Staff is asking the Board to approve the Completion Contracts with Proctor Construction for the completion of the Station 11 renovations. Attachment(s): Completion Contracts with Proctor and Bond Company 549 TRIPARTITE TENDER AGREEMENT THIS TRIPARTITE TENDER AGREEMENT ("Agreement") is made this day of , 2024, between The Ohio Casualty Insurance Company (hereinafter referred to as "Surety"), Indian River County (hereinafter referred to as "Owner") and Proctor Construction Company, LLC (hereinafter referred to as the "Completing Contractor"). (Surety, the Owner and Completing Contractor are sometimes collectively referred to in this Agreement as the "Parties"). RECITALS WHEREAS, the Owner entered into a contract with Intertech Construction Corporation of America ("Original Contractor") for the project known as Fire Station 11 Remodel, Contract No. 2022061 (the "Project"), which is referred to herein as the "Original Contract;" WHEREAS, the Original Contract obligated Original Contractor to furnish certain labor, services, materials, and equipment in connection with the performance and completion of the Project; WHEREAS, in connection with the Project, Surety issued a Public Construction Bond on behalf of Original Contractor, as principal, and in favor of the Owner, as obligee, bearing bond number 964227542 and containing a penal sum (the "Penal Sum") in the amount of $260,470.00 (the "Bond"). Surety acknowledges that the Penal Sum has been increased to $474,941.00 to reflect the corresponding increase to the Contract by changes agreed to between Owner and Original Contractor; WHEREAS, the Owner claims that Original Contractor defaulted on its obligations on the Project, has asserted delay claims against the Original Contractor, has terminated the Original Contractor's right to complete the Project, and has made demand on Surety under the Bond; WHEREAS, the Original Contractor has disputed the termination and has alleged claims against the Owner, and the Parties agree that nothing herein shall waive the rights of the Original Contractor or Surety against the Owner or the Owner's defenses to any claim by the Original Contractor or Surety; WHEREAS, without any admission of liability, Surety has elected to produce and tender to the Owner, the Completing Contractor, who is acceptable to Owner; and Completing Contractor warrants that it is ready, willing and able to perform and complete all of the work required to be performed under the aforementioned Original Contract as amended, all in accordance with the plans and specifications for the construction of the Project, as set out and as modified (including modifications as to new agreed completion 550 dates) in the Completion Contract with the Owner, as defined below, and has procured a Public Construction Bond acceptable to Owner in the full amount of the Completion Contract naming Owner as obligee and Surety as additional obligee. NOW THEREFORE, in consideration of the promises and the mutual covenants set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: TERMS OF AGREEMENT AND RELEASE 1. Recitals. All recitals set forth above are true and correct and incorporated herein by reference. 2. Contract Balance. The Owner represents and warrants that the current undisputed Contract Balance held by the Owner is $171,871.68 (the "Undisputed Contract Balance"), calculated as follows: Original Contract amount: $260,470.00 Approved Modifications: $255,830.26 Revised Contract Amount: $516,300.26 Less Payments: ($344,428.58) Contract Balance: $171,871.68 The Owner agrees to dedicate the Undisputed Contract Balance to the completion of the Original Contract. 3. Completing Contractor. Surety hereby tenders and Owner hereby accepts the Completing Contractor to perform the remaining work under the Original Contract. The Owner shall directly contract with the Completing Contractor to perform the remaining work under the Original Contract (the "Completion Contract") for the sum of $451,512.00 (the "Completion Contract Sum"). The Completing Contractor shall furnish to the Owner a Public Contract Bond for the Completion Contract in the penal sum of $451,512.00, which represents 100% of the total bid price for the Completion Contract. The Owner agrees that Completing Contractor shall have 90 days from issuance of a notice to proceed by the Owner to complete the work under the Completion Contract. Owner acknowledges that certain items, specifically the air handler and vent hood, may have lead times that would necessitate a longer period than 90 days for final completion Owner agrees to work with Completing Contractor to ascertain a reasonable finalization time based upon the availability of those items. The notice to proceed will not be delayed based on the delivery schedules. The Completing Contractor warrants and agrees that it will enter into a Completion Contract with the Owner in the form attached as Exhibit "A" for completion 2 551 of the Original Contract. The Completing Contractor and the Owner agree that the Surety shall have no responsibility for making any payments to the Completing Contractor, for any changes to the Original Contract, or for any claims whatsoever by the Completing Contractor, its subcontractors, laborers, materialmen and suppliers or arising out of or related to the work of the Completing Contractor, who is providing a bond to the Owner. Surety, Owner and Completing Contractor agree that there shall be an allowance of up to $60,000.00 for the correction of any latent defects discovered after the date of this Agreement in the work previously performed by Original Contractor (the "Latent Defect Allowance"). Surety shall not be required to fund the Latent Defect Allowance or any part thereof unless or until (1) the Surety is given notice of the latent defect and 5 (five) business days to inspect the alleged latent defect; (2) Completing Contractor provides Surety with the actual cost (materials and labor) with supporting quotations for the work; and (3) Surety approves the work under the Latent Defect Allowance, in writing, which approval shall not be unreasonably withheld and provided within three (3) days of receipt of all information. Completing Contractor agrees that its mark-up of the actual cost of work under the Latent Defect Allowance for fee/overhead/profit and general conditions shall be limited to 15% of the actual cost of the work. Within ten (10) business days of the Surety's approval of work under the Latent Defect Allowance, Surety will tender the approved amount to Owner. Owner shall be solely responsible for paying Completing Contractor for work under the Latent Defect Allowance and nothing herein shall create a direct claim by Completing Contractor against Surety. 4. Payment by Surety. Within ten (10) business days of the Owner providing to the Surety an executed copy of this Agreement, Surety shall pay to the order of the Owner, the sum of $279,640.00 (the "Surety Payment"), which represents the difference between the Undisputed Contract Balance and the Completion Contract Sum to provide the Owner with funds to complete the Original Contract. The Surety Payment shall reduce the Penal Sum of the Bond, dollar for dollar. In addition, any payments made by the Surety under the Latent Defect Allowance shall reduce the Penal Sum of the Bond, dollar for dollar. 5. No Further Responsibility of Surety. In the event of any default by the Completion Contractor under the terms of the Completion Contract, the Owner agrees to make demand and look solely to the Completion Contractor and the Completion Contractor's Bond surety for performance of its obligations, and the Owner shall make no further demands and assert no further liability related to the Original Contract upon the Surety, except for latent defects in work performed by the Original Contractor discovered after the date of this Agreement (the "Latent Defect Reservation"). The Owner warrants that it is not currently aware of any defects or deficiencies in work performed by the Original Contractor. In no event shall the Surety's combined liability for the Surety Payment, the Latent Defect Allowance and the Latent Defect Reservation (if any) exceed the Penal Sum of the Bond. Surety reserves all defenses to the Latent Defect Reservation. 3 552 6. Release of Surety. Upon execution of this Agreement by Surety and the Owner, payment by the Surety to the Owner of the Surety Payment, the Owner agrees that Surety shall have no responsibility or obligation for the completion or correction of the work performed or remaining to be performed under the Original Contract and further agrees that Surety shall be and is hereby fully, finally and completely released, discharged and exonerated of and from any and all claims, demands, causes of actions and/or obligation under the Original Contract and the Surety's Bond for the Original Contract other than the Latent Defect Reservation. In the interest of resolving any and all matters relating to the Original Contract, and under the sound policy of law favoring the settlement of disputes, the parties understand and agree that the payment of the Surety Payment by the Surety constitutes and represents full and just consideration for and satisfaction of any and all claims by the Owner against Surety arising out of, related to, or incidental to the Original Contract and the Bonds. The Owner, by acceptance of this Agreement and the Surety Payment irrevocably remises, releases and forever discharges the Surety and the Bond of and from all liabilities, obligations, promises, agreements, controversies, damages, liquidated damages, delay damages, completion costs, actions, causes of actions, suits, rights, demands, losses, debts, expenses, attorneys' fees, costs and claims, from the beginning until the end of time, whether known or unknown, whatsoever in law and/or in equity under and arising out of or related to the Original Contract and the Bond, as well as all claims for statutory or common law "bad faith" against Surety including all claims that relate to the manner and timeliness in which Surety reviewed, handled, investigated, or settled any claim by Owner on the Bond, and any and all claims arising under chapters 624 or 626, Florida Statutes, regardless of when such claim(s) arose or accrued, other than the Latent Defect Reservation. The Surety reserves, undiminished, all defenses to any claim under the Latent Defect Reservation. 7. No release of subcontractor and supplier to Original Contractor claims under Payment Provisions of Bond. Surety agrees that this Agreement shall not release its obligations to proper and timely claims by subcontractors, sub -subcontractors and/or suppliers of the Original Contractor who are "claimants" pursuant to Section 255.05, Florida Statutes ("Payment Claimants"), in connection with the Original Contract, subject to such limitations and defenses as may exist at law or at equity. Owner agrees that any payments by Surety to Payment Claimants shall reduce the Penal Sum of the Bond, dollar for dollar. Nothing herein shall be construed as a waiver of any rights or defenses that Surety may have as to any claim by any Payment Claimant. Further, nothing herein shall expand coverage of the Bond or extend the Surety's liability to any subcontractor, laborer, materialman or supplier of the Completing Contractor. 8. Reservation of claims of Original Contractor. The Parties acknowledge that the Original Contractor has disputed the termination of the Original Contract, and that the Owner and Original Contractor have disputes regarding pending change order requests rd 553 and claims. The Owner acknowledges that nothing herein shall be deemed a waiver or release of the claims of the Original Contractor or the Surety (whether in its own capacity or as assignee or subrogee of the Original Contractor) against the Owner, and that all such claims are reserved, unimpaired. The Owner reserves all defenses to claims by the Original Contractor and the Surety. In the event that the termination of the Original Contractor is overturned or found wrongful by any court or in any arbitration proceeding, the Surety shall be entitled to a refund of the Surety Payment from the Owner, but only to extent ordered by court or arbitrator and in no case shall exceed the amount paid by Surety to the Owner in paragraph 4 above . 9. Surety is not Acting as a Contractor. The Owner acknowledges and recognizes that by participating in this Agreement, Surety is not a contractor, is not acting as a surety completing performance for a defaulted contractor and is not undertaking any responsibility for completing or overseeing the completion of the Project. 10. No Admission of Liability. It is understood and agreed that the payments and promises mentioned herein are not to be construed as an admission of liability on the part of Surety or the Owner, all such liability being expressly denied. 11. Reservation of Surety's Claims against the Original Contractor and Indemnitors. Nothing in this Agreement shall reduce, impair or diminish Surety's rights and claims against the Original Contractor or any indemnitor, which are expressly reserved. 12. No Third Party Beneficiaries. Nothing contained in this Agreement shall create any third -party beneficiaries nor confer any benefit or enforceable rights under this Agreement upon any person or entity other than the parties to this Agreement. 13. General Provisions. a. This Agreement contains the entire agreement between the Parties and supersedes any and all prior agreements, arrangements and/or understandings between the parties. b. The Parties and their signatories hereto warrant that each has the power and Owner to execute this Agreement. C. The Parties have voluntarily executed this Agreement based upon their independent investigations. The provisions of the Agreement shall be applied and interpreted in a manner consistent with one another so as to carry out the purpose and intent of the Parties, but if for any reason any provision is unenforceable or invalid, such provision shall be deemed severed from this Agreement and the remaining provisions shall be carried 5 554 out with the same force and effect as if the severed portion had not been a part of this Agreement. d. This Agreement constitutes the entire agreement between and among the Parties regarding the issues that are the subject of this Agreement. Any prior understandings or agreements, and any representations made by either of the Parties to the other not included or specifically addressed in this Agreement, are deemed to be merged herein and not binding as to the Parties as this Agreement constitutes the complete understanding and agreement between the Parties. e. The Parties acknowledge that they have read, understand and have had the opportunity to be advised by legal counsel as to each and every one the terms, conditions, and restrictions, and as to the effect of all the provisions of this Agreement, and the Parties agree to the enforcement of any and all of these provisions and execute this Agreement with full knowledge of these provisions. Should any provision of this Agreement require judicial interpretation, it is agreed that the court interpreting or constructing the provisions shall not apply the presumption that the terms hereof shall be more strictly construed against one party by reason of the rule of construction that a document is to be construed more strictly against the party who itself or through its agent prepared the document. f. This Agreement may be executed in one or more counterparts each of which shall be deemed an original and all of which together shall constitute one and the same instrument. The Parties agree and intend that a signature by facsimile machine or scanned PDF shall bind the party so signing with the same effect as though the signature was an original. g. The headings in this Agreement are intended to be for the convenience of reference only, and shall not define or limit the scope, extent or intent, or otherwise affect the meaning of, any portion hereof. h. Should either party bring an action to enforce the terms of this agreement, each party agrees that each party shall bear its own costs and attorney's fees incurred in such an action. i. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original for all purposes but all of which together shall constitute one and the same instrument. Signatures on this Agreement transmitted by electronically shall be deemed to be an original for all purposes. OWNER: CONTRACTOR: INDIAN RIVER COUNTY 11 Proctor Construction Company, LLC 555 C Joseph Flescher, Chairman John A. Titkanich Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Christopher A. Hicks, Asst. County Attorney Ryan Butler, Clerk of Court and Comptroller Attest: (SEAL) Date: SURETY: Deputy Clerk The Ohio Casualty Insurance Company By: Its Designated Representative Date: 7 Date: John Granath, President / COO 556 PCC Comments 11/12/2024 GENERAL CONDITIONS In Red. ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Contract Documents and printed with initial or all capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 1. Addenda --Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Contract Documents. 2. Agreement --The written instrument which is evidence of the agreement between OWNER and CONTRACTOR covering the Work. 3. Application for Payment --The form acceptable to ENGINEER which is to be used by CON- TRACTOR during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos --Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupa- tional Safety and Health Administration. 5. Bid --The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidding Documents --The Bidding Requirements and the proposed Contract Documents (including all Addenda issued prior to receipt of Bids). 7. Bidding Requirements—The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any supplements. 8. Bonds --Performance and payment bonds and other instruments of security. 9. Change Order --A document recommend- ed by ENGINEER which is signed by CONTRACTOR and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement. 10. Claim—A demand or assertion by OWNER or CONTRACTOR seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract—The entire and integrated written agreement between the OWNER and CONTRACTOR concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents—The Contract Docu- ments establish the rights and obligations of the parties and include the Agreement, Addenda (which pertain to the Contract Documents), CONTRACTOR's Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement, the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Agreement, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and ENGINEER's written interpretations and clarifications issued on or after the Effective Date of the Agreement. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to CONTRACTOR are not Contract Documents. 13. Contract Price --The moneys payable by OWNER to CONTRACTOR for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of paragraph 11.03 in the case of Unit Price Work). 14. Contract Times --The number of days or the dates stated in the Agreement to: (i) achieve Substantial Completion; and (ii) complete the Work so that it is ready for final payment as evidenced by ENGINEER's written recommendation of final pay- ment. 15. CONTRACTOR --The individual or entity with whom OWNER has entered into the Agreement. 16. Cost of the Work --See paragraph 11.01.A for definition. 17. Drawings—That part of the Contract Documents prepared or approved by ENGINEER which graphically shows the scope, extent, and character of the Work to be performed by CONTRACTOR. Shop Drawings and other CONTRACTOR submittals are not Drawings as so defined. General Conditions 0100-1 18. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. ENGINEER—The individual or entity named as such in the Agreement. 20. ENGINEER's Consultant—An individual or entity having a contract with ENGINEER to furnish services as ENGINEER's independent professional associate or consultant with respect to the Project and who is identified as such in the Supplementary Conditions. 22. General Requirements—Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifica- tions. 23. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 24. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 25. Laws and Regulations; Laws or Regulat- ions --Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all govem- mental bodies, agencies, authorities, and courts having jurisdiction. 26. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 27. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date ortime prior to Substantial Completion of all the Work. 28. Notice of Award --The written notice by OWNER to the apparent successful bidder stating that upon timely compliance by the apparent successful bidder with the conditions precedent listed therein, OWNER will sign and deliver the Agreement. 29. Notice to Proceed --A written notice given by OWNER to CONTRACTOR fixing the date on which the Contract Times will commence to run and on which CONTRACTOR shall start to perform the Work under the Contract Documents. 30. OWNER --The individual, entity, public body, or authority with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be performed. 31. Partial Utilization—Use by OWNER of a substantially completed part of the Work for the pur- pose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 32. PCBs --Polychlorinated biphenyls. 33. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard condi- tions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -Hazardous Waste and crude oils. 34. Project --The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part as may be indicated elsewhere in the Contract Documents. 35. Project Manual --The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 36. Radioactive Material --Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 37. Resident Project Representative—The authorized representative of ENGINEER who may be assigned to the Site or any part thereof. 38. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for CONTRACTOR and submitted by CONTRACTOR to illustrate some portion of the Work. 40. Site—Lands or areas indicated in the Contract Documents as being furnished by OWNER upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER which are designated for the use of CONTRACTOR. General Conditions ?990 - 2 41. Specifications—That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 42. Subcontractor --An individual or entity having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the Site. 43. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of ENGINEER, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 44. Supplementary Conditions --That part of the Contract Documents which amends or supplements these General Conditions. 45. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with CONTRACTOR or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by CONTRACTOR or any Subcontractor. 46. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 47. Unit Price Work—Work to be paid for on the basis of unit prices. 48. Work—The entire completed construction or the various separately identifiable parts thereof re- quired to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 49. Work Change Directive—A written statement to CONTRACTOR issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subse- quently issued Change Orderfollowing negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 50. Written Amendment—A written statement modifying the Contract Documents, signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the nonengineering or nontechnical rather than strictly construction -related aspects of the Contract Docu- ments. 1.02 Terminology A. Intent of Certain Terms orAdjectives 1. Whenever in the Contract Documents the terms "as allowed," "as approved," or terms of like effect or import are used, or the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of ENGINEER as to the Work, it is intended that such action or determination will be solely to evaluate, in general, the completed Work for compliance with the requirements of and information in the Contract Documents and conformance with the design concept of the completed Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to ENGI- NEER any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of paragraph 9.10 or any other provision of the Contract Documents. B. Day 1. The word "day' shall constitute a calendar day of 24 hours measured from midnight to the next midnight. C. Defective 1. The word "defective," when modifying the word 'Work," refers to Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents or does not meet the requirements of any inspection, reference standard, test, or approval referred to in the Contract Documents, or has been damaged prior to ENGINEER's recom- mendation of final payment (unless responsi- bility for the protection thereof has been General Conditions4400-3 assumed by OWNER at Substantial Completion in accordance with paragraph 14.04 or 14.05). D. Furnish, Install, Perform, Provide 4. When 'furnish," "install," "perform," or "provide" is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of CONTRACTOR, "provide" is implied. E. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds A. When CONTRACTOR delivers the executed Agreements to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish. 2.02 Copies of Documents A. OWNER shall furnish to CONTRACTOR up to ten copies of the Contract Documents. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agree- ment or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Pro- ceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. CONTRACTOR shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. CONTRACTOR's Review of Contract Docu- ments: Before undertaking each part of the Work, CONTRACTOR shall carefully study aadGeR;pare the Contract Documents CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from ENGINEER before proceeding with any Work affected thereby; however, CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless CONTRACTOR knew or reasonably should have known thereof. B. Preliminary Schedules: Within ten days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), CONTRAC- TOR shall submit to ENGINEER for its timely review: 1. a preliminary progress schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents; apreliminary se hop Drawing an a sub chedulwhich will list each required su times for sub- mitting ewing, and process ch ittal; and 3. a preliminary schedule of values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. General Conditions ?900 - 4 2.06 Preconstruction Conference 2.07 Initial Acceptance of Schedules A. Unless otherwise provided in the Contract Documents, at least ten days before submission of the first Application for Payment a conference attended by CONTRACTOR, ENGINEER, and others as appropri- ate will be held to review for acceptability to ENGI- NEER as provided below the schedules submitted in accordance with paragraph 2.05.B. CONTRACTOR shall have an additional ten days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to CONTRACTOR until acceptable schedules are submitted to ENGINEER. 1. The progress schedule will be accept- able to ENGINEER if it provides an orderly progression of the Work to completion within any specified Milestones and the Contract Times. Such acceptance will not impose on ENGINEER responsibility for the progress schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve CONTRACTOR from CONTRACTOR's full responsibility therefor. CONTRACTOR's schedule op Drawing an mple su s will be acceptable to EN if it provides a workable ngement for r n and ssing the required submittals. 3. CONTRACTOR's schedule of values will be acceptable to ENGINEER as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are comple- mentary; what is called for by one is as binding as if called for by all. Engineer shall be responsible for all coordination of the documents. Lack of consultant coordination shall not be the responsibility of CONTRACTOR. B. It is the intent of the Contract Documents to describe a functionally complete Project (or part there- of) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to OWNER. C. Clarifications and interpretations of the Contract Documents shall be issued by ENGINEER as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifica- tions, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the stan- dard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of OWNER, CONTRACTOR, or ENGINEER, or any of their subcontractors, consultants, agents, or employ- ees from those set forth in the Contract Documents, nor shall any such provision or instruction be effective to assign to OWNER, ENGINEER, or any of ENGINEER's Consultants, agents, or employees any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. General Conditions A 100 - 5 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. If, during the performance of the Work, CONTRACTOR discovers any conflict, error, ambiguity, or discrepancy within the Con- tract Documents or between the Contract Docu- ments and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in writing at once. CONTRACTOR shall not proceed with the Work affected thereby (except in an emergency as required by paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in paragraph 3.04; provided, however, that CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any such conflict, error, ambigu- ity, or discrepancy unless CONTRACTOR knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifically incorporated by reference in the Contract Documents); or b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: (i) a Written Amend- ment; (ii) a Change Order; or (iii) a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: (1) a Feld QFcLar; (ii) ENGINEER's approval of a Shop Drawing or Sample; or (iii) ENGINEER's written interpretation or clarifi- cation. 3.05 Reuse of Documents A. CONTRACTOR and any Subcontractor or Supplier or other individual or entity performing or furnishing any of the Work under a direct or indirect contract with OWNER: (i) shall not have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of ENGINEER or ENGINEER's Consultant, including electronic media editions; and (ii) shall not reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaption by ENGINEER. This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude CONTRACTOR from retaining copies of the Contract Documents for record purposes. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. OWNER shall furnish the Site. OWNER shall notify CONTRACTOR of any encumbrances or restrictions not of general application but specifically related to use of the Site with which CONTRACTOR must comply in performing the Work. OWNER will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If CONTRACTOR and OWNER are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in OWNER's furnishing the Site, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. B. Upon reasonable written request, OWNER shall furnish CONTRACTOR with a current statement of record legal title and legal description of the lands upon which the Work is to be performed and OWNER's interest therein as necessary for giving notice of or filing a mechanic's or construction lien against such lands in accordance with applicable Laws and Regula- tions. C. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions General Conditions - 000 - 6 A. Reports and Drawings: The Supplementary Conditions identify: those reports of explora ' s— nuc tests of subs Fas on ' ' or contiguous to the Site has used in ng the Contract Documents; a 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that ENGI- NEER has used in preparing the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized: CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER, or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by CONTRACTOR, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or concl usion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If CONTRACTOR believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which CONTRACTOR is entitled to rely as provided in paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inher- ent in work of the character provided for in the Contract Documents; then CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), notify OWNER and ENGINEER in writing about such condition. CONTRACTOR shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. ENGINEER's Review: After receipt of written notice as required by paragraph 4.03.A, ENGINEER will promptly review the pertinent condition, determine the necessity of OWNER's obtaining additional exploration or tests with respect thereto, and advise OWNER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price or the Contract Times, or both, will be equitably adjusted to the extent that the existence of such differing subsurface or physical condition causes an in- crease or decrease in CONTRACTOR's cost of, or time required for, performance of the Work; subject, however, to the following: a. such condition must meet any one or more of the categories described in para- graph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of paragraphs 9.08 and 11.03. 2. CONTRACTOR shall not be entitlea to any adjustment in the Contract Price or Contract Times if: a. CONTRACTOR knew of the existence of such conditions at the time CONTRACTOR made a final commitment to OWNER in respect of Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, termer study of the Site and contiguous areas required by the Bidding Requirements or Contract Docu- ments to be conducted by or for CON- TRACTOR prior to CONTRACTOR's making such final commitment; or General Conditions ?4Y0 - 7 c. CONTRACTOR failed to give the written notice within the time and as required by paragraph 4.03.A. 3. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in paragraph 10.05. However, OWNER, ENGINEER, and ENGINEER's Consultants shall not be liable to CONTRACTOR for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by CONTRACTOR on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facilities, including OWNER, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and CONTRAC- TOR shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including OWNER, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, CONTRACTOR shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to OWNER and ENGINEER. ENGINEER will promptly review the Under- ground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. During such time, CONTRACTOR shall be responsible for the safety and protection of such Underground Facility. 2. If ENGINEER concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such conse- quences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that CONTRACTOR did not know of and could not reasonably have been expected to be aware of or to have anticipated. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, OWNER or CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 4.05 Reference Points A. OWNER shall provide engineering surveys to establish reference points for construction which in ENGINEER'sjudgment are necessaryto enable CON- TRACTOR to proceed with the Work. CONTRACTOR shall be responsible for laying out the Work, shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, General Conditions ?40 - S that have been utilized by the ENGINEER in the preparation of the Contract Documents. B. Limited Reliance by CONTRACTOR on Technical Data Authorized. CONTRACTOR may rely upon the general accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data' is identified in the Supplementary Conditions. Except for such reliance on such "technical data," CONTRACTOR may not rely upon or make any Claim against OWNER, ENGINEER or any of ENGINEER's Consultants with respect to: 1. the completeness of such reports and drawings for CONTRACTOR's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any CONTRACTOR interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. CONTRACTOR shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. CONTRACTOR shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by CONTRACTOR, Subcontractors, Suppliers, or anyone else for whom CONTRACTOR is responsible. D. If CONTRACTOR encounters a Hazardous Environmental Condition or if CONTRACTOR or anyone for whom CONTRACTOR is responsible creates a Hazardous Environmental Condition, CONTRACTOR shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by paragraph 6.16); and (iii) notify OWNER and ENGI- NEER (and promptly thereafter confirm such notice in writing). OWNER shall promptly consult with ENGINEER concerning the necessity for OWNER to retain a qualified expert to evaluate such condition or take corrective action, if any. E. CONTRACTOR shall not be required to resume Work in connection with such condition or in any affected area until after OWNER has obtained any required permits related thereto and delivered to CONTRACTOR written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If OWNER and CONTRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such special conditions under which Work is agreed to be resumed by CONTRACTOR, either party may make a Claim therefor as provided in paragraph 10.05. F. If after receipt of such written notice CONTRACTOR does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special condi- tions, then OWNER may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If OWNER and CON- TRACTOR cannot agree as to entitlement to or on the amount or extent, if any, of an adjustment in Contract Price or Contract Times as a result of deleting such portion of the Work, then either party may make a Claim therefor as provided in paragraph 10.05. OWNER may have such deleted portion of the Work performed by OWNER's own forces or others in accor- dance with Article 7. G. To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify and hold harmless CONTRACTOR, Subcontractors, ENGI- NEER, ENGINEER's Consultants and the officers, directors, partners, employees, agents, other consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition, provided that such Hazardous Environmental Condition: (i) was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be included within the scope of the Work, and (ii) was not created by CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this para- graph 4.06.E shall obligate OWNER to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER ENGINE Geesult and the officers, directors, partners, employees, from and against all claims, costs, losses, and damages arising out of or relating to a Hazardous Environmental Condition created by General Conditions 5- 09 0 - 9 CONTRACTOR or by anyone for whom CONTRACTOR is responsible. Nothing in this paragraph 4.06.E shall obligate CONTRACTOR to indemnify any individual or entity from and against the consequences of that individual's or entity's own negli- gence. I. The provisions of paragraphs 4.02, 4.03, and 4.04 are not intended to apply to a Hazardous Environmental Condition uncovered or revealed at the Site. ARTICLE 5 - BONDS AND INSURANCE 5.01 Performance, Payment, and Other Bonds B. All Bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the current list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All Bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. C. If the surety on any Bond furnished by CON- TRACTOR is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it ceases to meet the requirements of paragraph 5.01.13, CONTRACTOR shall within 20 days thereafter substitute another Bond and surety, both of which shall comply with the requirements of paragraphs 5.01.13 and 5.02. 5.02 Licensed Sureties and Insurers A. All Bonds and insurance required by the Contract Documents to be purchased and maintained by OWNER or CONTRACTOR shall be obtained from surety or insurance companies that are duly licensed or authorized in the jurisdiction in which the Project is located to issue Bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.03 Certificates of Insurance A. CONTRACTOR shall deliver to OWNER, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by OWN- ER or any other additional insured) which CON- TRACTOR is required to purchase and maintain. OWNER shall deliver to CONTRACTOR, vAth Gepi to eanh a d.difienel i Fed identified in the Supple meRtary GGIR difiORS nertifinafec t9f iRsLjFaRG8 (aR d etheF e„ i.denne of iRS UraRc;e requested by CONTRnr_ FequiFed fen FGhase anal maintain. 5.04 CONTRACTOR's Liability Insurance A. CONTRACTOR shall purchase and maintain such liability and other insurance as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR's performance of the Work and CONTRACTOR's other obligations under the Contract Documents, whether it is to be per- formed by CONTRACTOR, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of CONTRACTOR's employees; 3. claims for damages because of bodily injury, sickness or disease, or death of any person other than CONTRACTOR's employees; 4. claims for damages insured by reasonably available personal injury liability coverage which are sustained: (i) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR, or (ii) by any other person for any other reason; 5. claims for damages, other than to the Work itself, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; and 6. claims for damages because of bodily injury or death of any person or property damage arising out of the ownership, mainte- nance or use of any motor vehicle. General Conditions -?49 - 10 B. The policies of insurance so required by this paragraph 5.04 to be purchased and maintained shall: 1. with respect to insurance required by paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include as additional insureds (subject to any customary exclusion in respect of professional liability) OWNER, ENGINEER, _ _. __.. ___. __ t6eigs,-all of whom shall be listed as additional insureds, and include coverage for the respec- tive officers, directors, partners, employees, aeo„« 46 a d- +� ARM- �' ; and � tteftaletstireds, and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby; 2. include at least the specific coverages and be written for not less than the limits of liability provided in the Supplementary Conditions or required by Laws or Regulations, whichever is greater; 3. include completed operations insurance; 4. include contractual liability insurance covering CONTRACTOR's indemnity obligations under paragraphs 6.07, 6.11, and 6.20; 5. contain a provision or endorsement that the coverage afforded will not be canceled, materially changed or renewal refused until at least thirty days prior written notice has been given to OWNER and CONTRACTOR and to each other additional insured identified in the Supplementary Conditions to whom a certificate of insurance has been issued (and the certificates of insurance furnished by the CON- TRACTOR pursuant to paragraph 5.03 will so provide); 6. remain in effect at least until final payment and at all times thereafter when CON- TRACTOR may be correcting, removing, or replacing defective Work in accordance with paragraph 13.07; and 7. with respect to completed operations insurance, and any insurance coverage written on a claims -made basis, remain in effect for at least two years after final payment (and CONTRACTOR shall fumish OWNER and each other additional insured identified in the Supple- mentary Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to OWNER and any such additional insured of continuation of such insurance at final payment and one year thereafter). 5.05 OWNER's Liability Insurance 5.06 Property Insurance General Conditions - 0 - 11 5.07 Waiver of Rights D. OWNER shall not be responsible fWurchas- ing and maintaining any property insu specified in this paragraph 5.06 to prote*4� interests of CONTRACTOR, Subcontractgqr�'�r ers in the Work to the extent of any d iib ounts that are identified in the Sup I� onditions. The risk of loss within suc 1 1 eductible amount will be bome by �R, Subcontractors, or others sufferin '� �h loss, and if any of them wishes prop w -k i ce coverage within the limits of such amo4�' each may purchase and maintain it at the purchaser's own expense. General Conditions - Q,07- 12 5.08 Receipt and Application of Insurance Proceeds 5.09 Acceptance of Bonds and Insurance; Option to Replace 5.10 Partial Utilization, Acknowledgment of Property Insurer A. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Completion of all the Work as provided in paragraph 14.05, no such use or occupancy shall commence before the insurers providing the property insurance pursuant to paragraph 5.06 have acknowledged notice thereof and in writing effected any changes in cover- age necessitated thereby. The insurers providing the property insurance shall consent by endorsement on the policy or policies, but the property insurance shall not be canceled or permitted to lapse on account of any such partial use or occupancy. ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. CONTRACTOR shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CON- TRACTOR shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction, but CONTRACTOR shall not be responsible for the negligence of OWNER or ENGINEER in the design or specification of a specific means, method, technique, sequence, or procedure of construction which is shown or indicated in and expressly required by the Contract Documents. CON- TRACTOR shall be responsible to see that the completed Work complies accurately with the Contract Documents. B. At all times during the progress of the Work, CONTRACTOR shall assign a competent resident superintendent thereto who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the Site and shall have authority to act on behalf of CONTRACTOR. All communications given to or received from the superintendent shall be binding on CONTRACTOR. General Conditions -?4� - 13 6.02 Labor,- Working Hours A. CONTRACTOR shall provide competent, suitably qualified personnel to survey, lay out, and construct the Work as required by the Contract Docu- ments. CONTRACTOR shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, and CONTRACTOR will not permit overtime work or the performance of Work on Saturday, Sunday, or any legal holiday without OWNER's written consent (which will not be unreasonably withheld) given after prior written notice to ENGINEER. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the General Re- quirements, CONTRACTOR shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifica- tions shall expressly run to the benefit of OWNER. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. 6.04 Progress Schedule A. CONTRACTOR shall adhere to the progress schedule established in accordance with paragraph 2.07 as it may be adjusted from time to time as provided below. 1. CONTRACTOR shall submit to ENGI- NEER for acceptance (to the extent indicated in paragraph 2.07) proposed adjustments in the progress schedule that will not result in changing the Contract Times (or Milestones). Such adjustments will conform generally to the progress schedule then in effect and additional- ly will comply with any provisions of the General Requirements applicable thereto. 2. Proposed adjustments in the progress schedule that will change the Contract Times (or Milestones) shall be submitted in accordance with the requirements of Article 12. Such adjustments may only be made by a Change Order or Written Amendment in accor- dance with Article 12. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment or material or equipment of other Suppliers may be submitted to ENGINEER for review under the circumstances described below. 1. "Or -Equal" Items: If in ENGINEER's sole discretion an item of material or equipment proposed by CONTRACTOR is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by ENGINEER as an "or -equal" item, in which case review and approval of the proposed item may, in ENGINEER's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substi- tute items. For the purposes of this paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. in the exercise of reasonable judgment ENGINEER determines that: (i) it is at least equal in quality, durability, appearance, strength, and design characteristics; (ii) it will reliably perform at least equally well the function imposed by the design concept of the completed Project as a functioning whole, and; b. CONTRACTOR certifies that: (i) there is no increase in cost to the OWNER; and (ii) it will conform substantially, even with deviations, to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items a. If in ENGINEER's sole discretion an item of material or equipment proposed by General Conditions - giw - 14 CONTRACTOR does not qualify as an "or -equal" item under paragraph 6.05.A.1, it B. Substitute Construction Methods or Proce- will be considered a proposed substitute dures: If a specific means, method, technique, se - item. quence, or procedure of construction is shown or indicated in and expressly required by the Contract b. CONTRACTOR shall submit suffi- Documents, CONTRACTOR may furnish or utilize a cient information as provided below to allow substitute means, method, technique, sequence, or ENGINEER to determine that the item of procedure of construction approved by ENGINEER. material or equipment proposed is CONTRACTOR shall submit sufficient information to essentially equivalent to that named and an allow ENGINEER, in ENGINEER's sole discretion, to acceptable substitute therefor. Requests for determine that the substitute proposed is equivalent to review of proposed substitute items of that expressly called for by the Contract Documents. material or equipment will not be accepted The procedure for review by ENGINEER will be similar by ENGINEER from anyone other than to that provided in subparagraph 6.05.A.2. CONTRACTOR. C. Engineer's Evaluation: ENGINEER will be c. The procedure for review by ENGI- allowed a reasonable time within which to evaluate NEER will be as set forth in paragraph each proposal or submittal made pursuant to para- 6.05.A.2.d, as supplemented in the General graphs 6.05.A and 6.05.13. ENGINEER will be the sole Requirements and as ENGINEER may judge of acceptability. No "or -equal" or substitute will decide is appropriate under the be ordered, installed or utilized until ENGINEER's circumstances. review is complete, which will be evidenced by either a Change Order for a substitute or an approved Shop d. CONTRACTOR shall first make Drawing for an "or equal." ENGINEER will advise written application to ENGINEER for review CONTRACTOR in writing of any negative of a proposed substitute item of material or determination. equipment that CONTRACTOR seeks to furnish or use. The application shall certify D. Special Guarantee: OWNER may require that the proposed substitute item will perform CONTRACTOR to furnish at CONTRACTOR's ex - adequately the functions and achieve the pense a special performance guarantee or other surety results called for by the general design, be with respect to any substitute. similar in substance to that specified, and be suited to the same use as that specified. The E. ENGINEER's Cost Reimbursement: application will state the extent, if any, to ENGINEER will record time required by ENGINEER which the use of the proposed substitute and ENGINEER's Consultants in evaluating substitute item will prejudice CONTRACTOR's proposed or submitted by CONTRACTOR pursuant to achievement of Substantial Completion on paragraphs 6.05.A.2 and 6.05.6 and in making time, whether or not use of the proposed changes in the Contract Documents (or in the substitute item in the Work will require a provisions of any other direct contract with OWNERfor change in any of the Contract Documents (or work on the Project) occasioned thereby. Whether or in the provisions of any other direct contract not ENGINEER approves a substitute item so pro - with OWNER for work on the Project) to posed or submitted by CONTRACTOR, CON - adapt the design to the proposed substitute TRACTOR shall reimburse OWNER for the charges of item and whether or not incorporation or use ENGINEER and ENGINEER's Consultants for of the proposed substitute item in connection evaluating each such proposed substitute. with the Work is subject to payment of any license fee or royalty. All variations of the F. CONTRACTOR's Expense: CONTRACTOR proposed substitute item from that specified shall provide all data in support of any proposed will be identified in the application, and substitute or "or -equal" at CONTRACTOR's expense. available engineering, sales, maintenance, repair, and replacement services will be 6.06 Concerning Subcontractors, Suppliers, and indicated. The application will also contain Others an itemized estimate of all costs or credits that will result directly or indirectly from use A. CONTRACTOR shall not employ any Subcon- of such substitute item, including costs of tractor, Supplier, or other individual or entity (including redesign and claims of other contractors those acceptable to OWNER as indicated in paragraph affected by any resulting change, all of which 6.06.B), whether initially or as a replacement, against will be considered by ENGINEER in whom OWNER may have reasonable objection. CON - evaluating the proposed substitute item. TRACTOR shall not be required to employ any Sub - ENGINEER may require CONTRACTOR to contractor. Supplier, or other individual or entity to furnish additional data about the proposed furnish or perform any of the Work against whom substitute item. CONTRACTOR has reasonable objection. General Conditions - 9( y - 15 B. If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, or other individuals or entities to be submitted to OWNER in advance for acceptance by OWNER by a specified date prior to the Effective Date of the Agreement, and if CONTRACTOR has submitted a list thereof in accor- dance with the Supplementary Conditions, OWNER's acceptance (either in writing or by failing to make written objection thereto by the date indicated for acceptance or objection in the Bidding Documents or the Contract Documents) of any such Subcontractor, Supplier, or other individual or entity so identified may be revoked on the basis of reasonable objection after due investigation. CONTRACTOR shall submit an acceptable replacement for the rejected Subcontractor, Supplier, or other individual or entity, and the Contract Price will be adjusted by the differ- ence in the cost occasioned by such replacement, and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER of any such Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, shall constitute a waiver of any right of OWNER or ENGI- NEER to reject defective Work. C. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as CONTRACTOR is responsible for CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other individual or entity, nor shall it create any obligation on the part of OWNER or ENGINEER to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. D. CONTRACTOR shall be solely responsible for scheduling and coordinating the Work of Subcon- tractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with CONTRACTOR. E. CONTRACTOR shall require all Subcontrac- tors, Suppliers, and such other individuals or entities performing or furnishing any of the Work to commu- nicate with ENGINEER through CONTRACTOR. F. The divisions and sections of the Specifica- tions and the identifications of any Drawings shall not control CONTRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. G. All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an appro- priate agreement between CONTRACTOR and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER. Whenever any such agreement is with a Subcontractor or Supplier who is listed as an additional insured on the property insur- ance provided in paragraph 5.06, the agreement between the CONTRACTOR and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or Supplier waives all rights against OWNER, CONTRACTOR, ENGINEER, ENGINEER's Consultants, and all other individuals or entities identified in the Supplementary Conditions to be listed as insureds or additional insureds (and the officers, directors, partners, employees, agents, and other consultants and subcontractors of each and any of them) for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or causes of loss covered by such policies and any other property insurance applicable to the Work. If the insurers on any such policies require separate waiver forms to be signed by any Subcontractor or Supplier, CONTRACTOR will obtain the same. 6.07 Patent Fees and Royalties A. CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the Contract Documents. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGINEER's Consultants, and the officers, directors, partners, employees or agents, and other consultants of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.08 Permits CONTRACTOR DOES NOT INCLUDE PERMITS A. Unless otherwise provided in the Supple- mentary Conditions, CONTRACTOR shall obtain and General Conditions - 9Q y - 16 pay for all construction permits and licenses. OWNER shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement. CONTRACTOR shall pay all charges of utility owners for connections to the Work, and OWNER shall pay all charges of such utility owners for capital costs related thereto, such as plant investment fees. 6.09 Laws and Regulations A. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for monitoring CONTRACTOR's compli- ance with any Laws or Regulations. B. If CONTRACTOR performs any Work know- ing or having reason to know that it is contrary to Laws or Regulations, CONTRACTOR shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such Work; however, it shall not be CONTRACTOR's primary responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve CONTRACTOR of CONTRACTOR's obligations under paragraph 3.03. C. Changes in Laws or Regulations not known at the time of opening of Bids (or, on the Effective Date of the Agreement if there were no Bids) having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Times. If OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment, a Claim may be made therefor as provided in paragraph 10.05. 6.10 Taxes A. CONTRACTOR shall pay all sales, consumer, use, and other similar taxes required to be paid by CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. B. OWNER qualifies for state and local sales tax exemption in the purchase of all material and equipment. 6.11 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas 1. CONTRACTOR shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. Should any claim be made by any such owner or occupant because of the performance of the Work, CONTRACTOR shall promptly settle with such other party by negotiation or otherwise resolve the claim by arbitration or other dispute resolution proceeding or at law. 3. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER, ENGINEER, ENGI411-1 R's n...__ultent, and the officers, directors, partners, employees, agents, from and against all claims, costs, losses, and damages (iRGIWdiRg but Ret limited te all feeg and ^+—�Prefessieflals and all eeuFt er arbitration or ether dispute FeselatieR 4-,-,s �JlJ arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against OWNER, rte" r' ?QUER, or any other party indemnified hereunder to the extent caused by or based upon CONTRACTOR's performance of the Work. B. Removal of Debris During Performance of the Work: During the progress of the Work CONTRAC- TOR shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Cleaning: Prior to Substantial Completion of the Work CONTRACTOR shall clean the Site and make it ready for utilization by OWNER. At the com- pletion of the Work CONTRACTOR shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition all property not designated for alteration by the Contract Documents. D. Loading Structures: CONTRACTOR shall not load nor permit any part of any structure to be loaded General Conditions - 9( y - 17 in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. CONTRACTOR shall maintain in a safe place at the Site one record copy of all Drawings, Specifica- tions, Addenda, Written Amendments, Change Orders, Work Change Directives, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER for reference. Upon completion of the Work, these record documents, Samples, and Shop Drawings will be delivered to ENGINEER for OWNER. 6.13 Safety and Protection A. CONTRACTOR shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equip- ment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. CONTRACTOR shall comply with all applica- ble Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All damage, injury, or loss to any property referred to in paragraph 6.13.A.2 or 6.13.A.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any of them may be liable, shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or ENGINEER's Consultant, or anyone employed by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of CON- TRACTOR or any Subcontractor, Supplier, or other individual or entity directly or indirectly employed by any of them). CONTRACTOR's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and ENGINEER has issued a notice to OWNER and CONTRACTOR in accordance with paragraph 14.07.13 that the Work is acceptable (except as otherwise expressly provided in connection with Substantial Completion). 6.14 Safety Representative A. CONTRACTOR shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs. 6.15 Hazard Communication Programs A. CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged be- tween or among employers at the Site in accordance with Laws or Regulations. 6.16 Emergencies A. In emergencies affecting the safety or protec- tion of persons or the Work or property at the Site or adjacent thereto, CONTRACTOR is obligated to act to prevent threatened damage, injury, or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If ENGINEER determines that a change in the Contract Documents is required be- cause of the action taken by CONTRACTOR in response to such an emergency, a Work Change Directive or Change Order will be issued. 6.17 Shop Drawings and Samples A. CONTRACTOR shall submit Shop Drawings to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. All submittals will be identified as ENGINEER may require and in the number of copies specified in the General Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified perfor- mance and design criteria, materials, and similar data General Conditions - QA,ZOp - 18 to show ENGINEER the services, materials, and equipment CONTRACTOR proposes to provide and to enable ENGINEER to review the information for the limited purposes required by paragraph 6.17.E. B. CONTRACTOR shall also submit Samples to ENGINEER for review and approval in accordance with the acceptable schedule of Shop Drawings and Sample submittals. Each Sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers, and the use for which intended and otherwise as ENGINEER may require to enable ENGI- NEER to review the submittal for the limited purposes required by paragraph 6.17.E. The numbers of each Sample to be submitted will be as specified in the Specifications. C. Where a Shop Drawing or Sample is required by the Contract Documents or the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER as required by paragraph 2.07, any related Work performed prior to ENGINEER's review and approval of the pertinent submittal will be at the sole expense and responsibility of CONTRACTOR. D. Submittal Procedures 1. Before submitting each Shop Drawing or Sample, CONTRACTOR shall have determined and verified: a. all field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto; b. all materials with respect to intended use, fabrication, shipping, handling, storage, assembly, and installation pertaining to the performance of the Work; c. all information relative to means, methods, techniques, sequences, and procedures of construction and safety precautions and programs incident thereto; and d. CONTRACTOR shall also have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents. 2. Each submittal shall bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's obligations under the Contract Documents with respect to CONTRACTOR's review and approval of that submittal. 3. At the time of each submittal, CON- TRACTOR shall give ENGINEER specific written notice of such variations, if any, that the Shop Drawing or Sample submitted may have from the requirements of the Contract Documents, such notice to be in a written com- munication separate from the submittal; and, in addition, shall cause a specific notation to be made on each Shop Drawing and Sample sub- mitted to ENGINEER for review and approval of each such variation. E. ENGINEER's Review 1. ENGINEER will timely review and approve Shop Drawings and Samples in accordance with the schedule of Shop Drawings and Sample submittals acceptable to ENGI- NEER. ENGINEER's review and approval will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. ENGINEER's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of con- struction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. 3. ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of each submittal as required by paragraph 6.17.D.3 and ENGI- NEER has given written approval of each such variation by specific written notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any approval by ENGINEER relieve CON- TRACTOR from responsibility for complying with the requirements of paragraph 6.17.D.1. F. Resubmittal Procedures 1. CONTRACTOR shall make correc- tions required by ENGINEER and shall return the required number of corrected copies of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall General Conditions - 9( ? - 19 direct specific attention in writing to revisions other than the corrections called for by ENGI- NEER on previous submittals. 6.18 Continuing the Work A. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as permitted by paragraph 15.04 or as OWNER and CONTRACTOR may otherwise agree in writing. 6.19 CONTRACTOR's General Warranty and Guarantee A. CONTRACTOR warrants and guarantees to OWNER, ENGINEER, and ENGINEER's Consultants that all Work will be in accordance with the Contract Documents and will not be defective. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, Subcontractors, Suppliers, or any other individual or entity for whom CONTRACTOR is responsible; or 2. normal wear and tear under normal usage. B. CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: observations by ENGINEER; 2. recommendation by ENGINEER or payment by OWNER of any progress or final payment; 3. the issuance of a certificate of Sub- stantial Completion by ENGINEER or any payment related thereto by OWNER; 4. use or occupancy of the Work or any part thereof by OWNER; 5. any acceptance by OWNER or any failure to do so; 6. any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by ENGINEER; 7. any inspection, test, or approval by others; or 8. any correction of defective Work by OWNER. 6.20 Indemnification A. To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER,ENGINEER _. __.. ___. _ _ Gcasultauts, and the officers, directors, partners, employees, from and against all claims, costs, losses, and damages but net limited te all fees amd ehaicges of arising out of or relating to the performance of the Work, provided that any such claim, cost, loss, or damage: 1, is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom; and 2. is caused in whole or in part by any negligent act or omission of CONTRACTOR, any Subcontractor, any Supplier, or any individual or entity directly or indirectly employed by any of them to perform any of the Work or anyone for whose acts any of them may be liable, regardless of whether or not caused in part by any negligence or omission of an individual or entity indemnified hereunder or whether liability is imposed upon such indemni- fied party by Laws and Regulations regardless of the negligence of any such individual or entity. B. In any and all claims against OWNER EN EER or any of their respective consul nts, agents, iters, directors, partners, or empl ees by any empl e (or the survivor personal representative uch employee) of NTRACTOR, any Subcontractor, y Supplier, any individual or entity directly or indirec em p ed by any of them to perform any of the Work, o yone for whose acts any of them may be liable, a in mnification obligation under paragraph 6. shall not limited in any way by any limitation n the amount or t of damages, compensatio , or benefits payable by for CON- TRACTO or any such Subcontractor, Su lier, or other i ividual or entity under workers' compen ion ac , disability benefit acts, or other employee bene C. The indemnification obligations of CONTRAC- TOR under paragraph 6.20.A shall not extend to the liability of ENGINEER and ENGINEER's Consultants or to the officers, directors, partners, employees, General Conditions - 9( 9 - 20 agents, and other consultants and subcontractors of each and any of them arising out of: 1. the preparation or approval of, or the failure to prepare or approve, maps, Drawings, opinions, reports, surveys, Change Orders, designs, or Specifications; or 2. giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage. ARTICLE 7 - OTHER WORK 7.01 Related Work at Site A. OWNER may perform other work related to the Project at the Site by OWNER's employees, or let other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then: 1. written notice thereof will be given to CONTRACTOR prior to starting any such other work; and 2. if OWNER and CONTRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times that should be allowed as a result of such other work, a Claim may be made therefor as provided in paragraph 10.05. B. CONTRACTOR shall afford each other contractor who is a party to such a direct contract and each utility owner (and OWNER, if OWNER is per- forming the other work with OWNER's employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work and shall properly coordinate the Work with theirs. Unless otherwise provided in the Contract Documents, CONTRACTOR shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. CONTRACTOR shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and other contractors. C. If the proper execution or results of any part of CONTRACTOR's Work depends upon work per- formed by others under this Article 7, CONTRACTOR shall inspect such other work and promptly report to ENGINEER in writing any delays, defects, or deficien- cies in such other work that render it unavailable or unsuitable for the proper execution and results of CONTRACTOR's Work. CONTRACTOR's failure to so report will constitute an acceptance of such other work as fit and proper for integration with CONTRACTOR's Work except for latent defects and deficiencies in such other work. 7.02 Coordination A. If OWNER intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, OWNER shall have sole authority and responsibility for such coordination. ARTICLE 8 - OWNER'S RESPONSIBILITIES 8.01 Communications to Contractor A. Except as otherwise provided in these General Conditions, OWNER shall issue all communi- cations to CONTRACTOR through ENGINEER. 8.02 Replacement of ENGINEER A. In case of termination of the employment of ENGINEER, OWNER shall appoint an engineer to whom CONTRACTOR makes no reasonable objection, whose status under the Contract Documents shall be that of the former ENGINEER. 8.03 Furnish Data A. OWNER shall promptly furnish the data required of OWNER under the Contract Documents. General Conditions - §( Y - 21 8.04 Pay Promptly When Due A. OWNER shall make payments to CONTRAC- TOR promptly when they are due as provided in paragraphs 14.02.0 and 14.07.C. 8.05 Lands and Easements; Reports and Tests A. OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4.01 and 4.05. Paragraph 4.02 refers to OWNER's identifying and making available to CONTRACTOR copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by ENGINEER in preparing the Contract Documents. 8.06 Insurance A. OWNER's responsibilities, if any, in respect to purchasing and maintaining liability and property insur- ance are set forth in Article 5. 8.07 Change Orders A. OWNER is obligated to execute Change Orders as indicated in paragraph 10.03. 8.08 Inspections, Tests, and Approvals A. OWNER's responsibility in respect to certain inspections, tests, and approvals is set forth in paragraph 13.03.B. 8.09 Limitations on OWNER's Responsibilities A. The OWNER shall not supervise, direct, or have control or authority over, nor be responsible for, CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. OWNER will not be responsible for CONTRACTOR's failure to perform the Work in accordance with the Contract Documents. 8.10 Undisclosed Hazardous Environmental Condition A. OWNER's responsibility in respect to an undisclosed Hazardous Environmental Condition is set forth in paragraph 4.06. 8.11 Evidence of Financial Arrangements A. If and to the extent OWNER has agreed to furnish CONTRACTOR reasonable evidence that financial arrangements have been made to satisfy OWNER's obligations under the Contract Documents, OWNER's responsibility in respect thereof will be as set forth in the Supplementary Conditions. ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION 9.01 OWNER'S Representative A. ENGINEER will be OWNER's representative during the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Contract Documents and will not be changed without written consent of OWNER and ENGINEER. 9.02 Visits to Site A. ENGINEER will make visits to the Site at inter- vals appropriate to the various stages of construction as ENGINEER deems necessary in order to observe as an experienced and qualified design professional the progress that has been made and the quality of the various aspects of CONTRACTOR's executed Work. Based on information obtained during such visits and observations, ENGINEER, for the benefit of OWNER, will determine, in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform generally to the Contract Documents. On the basis of such visits and observations, ENGINEER will keep OWNER informed of the progress of the Work and will endeavor to guard OWNER against defective Work. B. ENGINEER's visits and observations are subject to all the limitations on ENGINEER's authority and responsibility set forth in paragraph 9.10, and particularly, but without limitation, during or as a result of ENGINEER's visits or observations of CONTRACTOR's Work ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. 9.03 Project Representative A. If OWNER and ENGINEER agree, ENGI- NEER will furnish a Resident Project Representative to assist ENGINEER in providing more extensive observation of the Work. The responsibilities and authority and limitations thereon of any such Resident Project Representative and assistants will be as General Conditions - M - 22 provided in paragraph 9.10 and in the Supplementary Conditions. If OWNER designates another represen- tative or agent to represent OWNER at the Site who is not ENGINEER's Consultant, agent or employee, the responsibilities and authority and limitations thereon of such other individual or entity will be as provided in the Supplementary Conditions. 9.04 Clarifications and Interpretations A. ENGINEER will issue with reasonable prompt- ness such written clarifications or interpretations of the requirements of the Contract Documents as ENGI- NEER may determine necessary, which shall be consistent with the intent of and reasonably inferable from the Contract Documents. Such written clarifications and interpretations will be binding on OWNER and CONTRACTOR. If OWNER and CON- TRACTOR are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a written clarification or interpretation, a Claim may be made therefor as provided in paragraph 10.05. 9.05 Authorized Variations in Work A. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Times and are compat- ible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These ,, he arnemnIiche.d by a Geld OF der aR d will he biRding OR OWNER and n to agree OR entitlement to OF OR the a n+ a e..+en+ + f—a„Tf aRy ,diust+rl�Crnr+ �;the ren+,aGt P.Ge e �---�-��w CORtFa.-+ Timed or both, a result of a Field OF dem a Claim may he rAa de +hrefoFyi.de.d in paFagraph U) OF; 9.06 Rejecting Defective Work A. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective, or that ENGINEER believes will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. ENGINEER will also have authority to require special inspection or testing of the Work as provided in paragraph 13.04, whether or not the Work is fabricated, installed, or completed. 9.07 Shop Drawings, Change Orders and Payments A. In connection with ENGINEER's authority as to Shop Drawings and Samples, see paragraph 6.17. B. In connection with ENGINEER's authority as to Change Orders, see Articles 10, 11, and 12. C. In connection with ENGINEER's authority as to Applications for Payment, see Article 14. 9.08 Determinations for Unit Price Work A. ENGINEER will determine the actual quanti- ties and classifications of Unit Price Work performed by CONTRACTOR. ENGINEER will reviewwith CON- TRACTOR the ENGINEER's preliminary determina- tions on such matters before rendering a written deci- sion thereon (by recommendation of an Application for Payment or otherwise). ENGINEER's written decision thereon will be final and binding (except as modified by ENGINEER to reflect changed factual conditions or more accurate data) upon OWNER and CONTRAC- TOR, subject to the provisions of paragraph 10.05. 9.09 Decisions on Requirements of Contract Documents and Acceptability of Work A. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability of the Work, the quantities and classifications of Unit Price Work, the interpretation of the requirements of the Contract Documents pertaining to the performance of the Work, and Claims seeking changes in the Contract Price or Contract Times will be referred initially to ENGINEER in writing, in accordance with the provisions of paragraph 10.05, with a request for a formal decision. B. When functioning as interpreter and judge under this paragraph 9.09, ENGINEER will not show partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuantto this paragraph 9.09 with respect to any such Claim, dispute, or other matter (except any which have been waived by the making or acceptance of final payment as provided in paragraph 14.07) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such Claim, dispute, or other matter. 9.10 Limitations on ENGINEER's Authority and Responsibilities A. Neither ENGINEER's authority or respon- sibility under this Article 9 or under any other provision of the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exer- cise such authority or responsibility or the undertaking, exercise, or performance of any authority or respon- sibility by ENGINEER shall create, impose, or give rise General Conditions - 9W - 23 to any duty in contract, tort, or otherwise owed by ENGINEER to CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or to any surety for or employee or agent of any of them. B. ENGINEER will not supervise, direct, control, or have authority over or be responsible for CONTRACTOR's means, methods, techniques, se- quences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws and Regulations applicable to the performance of the Work. ENGINEER will not be responsible for CONTRACTOR's failure to perform the Work in accor- dance with the Contract Documents. C. ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any Subcontrac- tor, any Supplier, or of any other individual or entity performing any of the Work. D. ENGINEER's review of the final Application for Payment and accompanying documentation and all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, tests and approvals, and other documentation required to be delivered by paragraph 14.07.A will only be to determine generally that their content complies with the requirements of, and in the case of certificates of inspections, tests, and approvals that the results certified indicate compliance with, the Contract Documents. E. The limitations upon authority and responsibil- ity set forth in this paragraph 9.10 shall also apply to ENGINEER's Consultants, Resident Project Repre- sentative, and assistants. ARTICLE 10 - CHANGES IN THE WORK; CLAIMS 10.01 Authorized Changes in the Work A. Without invalidating the Agreement and without notice to any surety, OWNER may, at any time or from time to time, order additions, deletions, or revisions in the Work by a Written Amendment, a Change Order, or a Work Change Directive. Upon receipt of any such document, CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). B. If OWNER and CONTRACTOR are unable to agree on entitlement to, or on the amount or extent, if any, of an adjustment in the Contract Price or Contract Times, or both, that should be allowed as a result of a Work Change Directive, a Claim may be made therefor as provided in paragraph 10.05. 10.02 Unauthorized Changes in the Work A. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Times with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in paragraph 3.04, except in the case of an emergency as provided in paragraph 6.16 or in the case of uncovering Work as provided in paragraph 13.04.13. 10.03 Execution of Change Orders A. OWNER and CONTRACTOR shall execute appropriate Change Orders recommended by ENGI- NEER (or Written Amendments) covering: 1. changes in the Work which are: (i) ordered by OWNER pursuant to paragraph 10.01.A, (ii) required because of acceptance of defective Work under paragraph 13.08.A or OWNER's correction of defective Work under paragraph 13.09, or (iii) agreed to by the parties; 2. changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive; and 3. changes in the Contract Price or Contract Times which embody the substance of any written decision rendered by ENGINEER pursuant to paragraph 10.05; provided that, in lieu of executing any such Change Order, an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regula- tions, but during any such appeal, CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in paragraph 6.18.A. 10.04 Notification to Surety A. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times) is required by the provisions of any Bond to be given to a surety, the giving of any such notice will be CONTRACTOR's responsibility. The amount of each applicable Bond will be adjusted to reflect the effect of any such change. 10.05 Claims and Disputes A. Notice: Written notice stating the general nature of each Claim, dispute, or other matter shall be delivered by the claimant to ENGINEER and the other party to the Contract promptly (but in no event later than 30 days) after the start of the event giving rise thereto. Notice of the amount or extent of the Claim, dispute, or other matter with supporting data shall be General Conditions - W,7j - 24 delivered to the ENGINEER and the other party to the Contract within 60 days after the start of such event (unless ENGINEER allows additional time for claimant to submit additional or more accurate data in support of such Claim, dispute, or other matter). A Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of paragraph 12.01.13. A Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of paragraph 12.02.13. Each Claim shall be accompanied by claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant believes it is entitled as a result of said event. The opposing party shall submit any response to ENGINEER and the claimant within 30 days after receipt of the claimant's last submittal (unless ENGINEER allows additional time). CONTRACTORS submission of a Potential Change Order (PCO) shall satisfy the requirement for a notification of claim. B. ENGINEER's Decision: ENGINEER will render a formal decision in writing within 30 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. ENGINEER's written decision on such Claim, dispute, or other matter will be final and binding upon OWNER and CONTRACTOR unless: 1. an appeal from ENGINEER's decision is taken within the time limits and in accordance with the dispute resolution procedures set forth in Article 16; or 2. if no such dispute resolution procedures have been set forth in Article 16, a written notice of intention to appeal from ENGINEER's written decision is delivered by OWNER or CONTRACTOR to the other and to ENGINEER within 30 days after the date of such decision, and a formal proceeding is instituted by the appealing party in a forum of competent jurisdiction within 60 days after the date of such decision or within 60 days after Substantial Completion, whichever is later (unless otherwise agreed in writing by OWNER and CONTRACTOR), to exercise such rights or remedies as the appealing party may have with respect to such Claim, dispute, or other matter in accordance with applicable Laws and Regulations. C. If ENGINEER does not render a formal decision in writing within the time stated in paragraph 10.05.13, a decision denying the Claim in its entirety shall be deemed to have been issued 31 days after receipt of the last submittal of the claimant or the last submittal of the opposing party, if any. D. No Claim for an adjustment in Contract Price or Contract Times (or Milestones) will be valid if not submitted in accordance with this paragraph 10.05. ARTICLE 11 - COST OF THE WORK; CASH ALLOWANCES; UNIT PRICE WORK 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, the costs to be reimbursed to CONTRACTOR will be only those additional or incremental costs required because of the change in the Work or because of the event giving rise to the Claim. Except as otherwise may be agreed to in writing by OWNER, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items, and shall not include any of the costs itemized in paragraph 11.01.B. 2. Cost of all materials and equipment furnished and incorporated in the Work, includ- ing costs of transportation and storage thereof; and Suppliers' field services required in connec- tion therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to OWNER. All trade discounts, rebates and refunds and returns from sale of surplus materials and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that they may be obtained. 3. Payments made by CONTRACTOR to Subcontractors for Work performed by Subcontractors. If required by OWNER, CON- TRACTOR shall obtain competitive bids from General Conditions - QQZQO - 25 subcontractors acceptable to OWNER and CONTRACTOR and shall deliver such bids to OWNER, who will then determine, with the advice of ENGINEER, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as CONTRACTOR's Cost of the Work and fee as provided in this paragraph 11.01. 4. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 5. Supplemental costs including the following: a. The proportion of necessary trans- portation, travel, and subsistence expenses of CONTRACTOR's employees incurred in dis- charge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equip- ment, machinery, appliances, office, and tempo- rary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not con- sumed which remain the property of CON- TRACTOR. C. Rentals of all construction equip- ment and machinery, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. d. Sales, consumer, use, and other similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by Laws and Regulations. e . Deposits lost for causes other than negligence of CONTRACTOR, any Sub- contractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees for permits and licenses. f. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sus- tained by CONTRACTOR in connection with the performance of the Work (except losses and damages within the deductible amounts of property insurance established in accordance with paragraph 5.06.D), provided such losses and damages have resulted from causes other than the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining CONTRACTOR's fee. g. The cost of utilities, fuel, and sanitary facilities at the Site. h. Minor expenses such as telegrams, long distance telephone calls, telephone service at the Site, expressage, and similar petty cash items in connection with the Work. i. When the Cost of the Work is used to determine the value of a Change Order or of a Claim, the cost of premiums for additional Bonds and insurance required because of the changes in the Work or caused by the event giving rise to the Claim. j. When all the Work is performed on the basis of cost-plus, the costs of premiums for all Bonds and insurance CONTRACTOR is required by the Contract Documents :o purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of CONTRACTOR's officers, executives, princi- pals (of partnerships and sole proprietorships), general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by CONTRACTOR, whether at the Site or in CONTRACTOR's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in paragraph 11.01.A.1 or specifically covered by paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the CONTRACTOR's fee. General Conditions - NY - 26 2. Expenses of CONTRACTOR's princi- pal and branch offices other than CONTRACTOR's office at the Site. 3. Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 4. Costs due to the negligence of CON- TRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in paragraphs 11.01.A and 11.01.13. C. CONTRACTOR's Fee: When all the Work is performed on the basis of cost-plus, CONTRACTOR's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order or when a Claim for an adjustment in Contract Price is determined on the basis of Cost of the Work, CONTRACTOR's fee shall be determined as set forth in paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to paragraphs 11.01.A and 11.01.6, CONTRACTOR will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to ENGINEER an itemized cost breakdown together with supporting data. 11.02 Cash Allowances A. It is understood that CONTRACTOR has in- cluded in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums as may be acceptable to OWNER and ENGINEER. CONTRACTOR agrees that: 1. the allowances include the cost to CONTRACTOR (less any applicable trade discounts) of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and 2. CONTRACTOR's costs for unloading and handling on the Site, labor, installation costs, overhead, profit, and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. B. Prior to final payment, an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by allowances, and the Con- tract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER subject to the provisions of paragraph 9.08. B. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. C. OWNER or CONTRACTOR may make a Claim for an adjustment in the Contract Price in accor- dance with paragraph 10.05 if: 1. the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect any other item of Work; and 3. if CONTRACTOR believes that CONTRACTOR is entitled to an increase in Contract Price as a result of having incurred additional expense or OWNER believes that OWNER is entitled to a decrease in Contract Price and the parties are unable to agree as to the amount of any such increase or decrease. ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any Claim for an adjustment in the Contract Price shall be based General Conditions - NY - 27 on written notice submitted by the party making the Claim to the ENGINEER and the other party to the Contract in accordance with the provisions of para- graph 10.05. B. The value of any Work covered by a Change Order or of any Claim for an adjustment in the Contract Price will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of paragraph 11.03 ); or 2. where the Work involved is not cov- ered by unit prices contained in the Contract Documents, by a mutually agreed lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 12.01.C.2); or 3. where the Work involved is not cov- ered by unit prices contained in the Contract Documents and agreement to a lump sum is not reached under paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in paragraph 11.01) plus a CONTRACTOR's fee for overhead and profit (determined as provided in paragraph 12.01.C). C. CONTRACTOR's Fee: The CONTRACTOR's fee for overhead and profit shall be determined as follows: a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under paragraphs 11.01.A.1 and 11.01.A.2, the CONTRACTOR's fee shall be 15 percent; b. for costs incurred under paragraph 11.01.A.3, the CONTRACTOR's fee shall be five percent; c. where one or more tiers of subcon- tracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of paragraph 12.01.C.2.a is that the Subcontractor who actually performs the Work, at whatever tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under paragraphs 11.01.A.1 and 11.01.A.2 and that any higher tier Subcontractor and CONTRACTOR will each be paid a fee of five percent of the amount paid to the next lower tier Subcontractor; d. no fee shall be payable on the basis of costs itemized under paragraphs 11.01.A.4, 11.01.A.5, and 11.01.8; e. the amount of credit to be allowed by CONTRACTOR to OWNER for any, change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in CONTRACTOR's fee by an amount equal to five percent of such net decrease; and f. when both additions and credits are involved in any one change, the adjustment in CONTRACTOR's fee shall be computed on the basis of the net change in accordance with paragraphs 12.01.C.2.a through 12.01.C.2.e, inclusive. 12.02 Change of Contract Times A. The Contract Times (or Milestones) may only be changed by a Change Order or by a Written Amend- ment. Any Claim for an adjustment in the Contract Times (or Milestones) shall be based on written notice submitted by the party making the claim to the ENGI- NEER and the other party to the Contract in accordance with the provisions of paragraph 10.05. B. Any adjustment of the Contract Times (or Milestones) covered by a Change Order or of any Claim for an adjustment in the Contract Times (or Milestones) will be determined in accordance with the provisions of this Article 12. 12.03 Delays Beyond CONTRACTOR's Control A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of CONTRACTOR, the Contract Times (or Milestones) will be extended in an amount equal to the time lost due to such delay if a Claim is made therefor as provided in paragraph 12.02.A. Delays beyond the control of CONTRACTOR shall include, but not be limited to, acts or neglect by OWNER, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. 12.04 Delays Within CONTRACTOR's Control A. The Contract Times (or Milestones) will not be extended due to delays within the control of CONTRACTOR. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of CONTRACTOR. 12.05 Delays Beyond OWNER's and CONTRACTOR's Control General Conditions - NT - 28 A. Where CONTRACTOR is prevented from completing any part of the Work within the Contract Times (or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. 12.06 Delay Damages A. In no event shall OWNER or ENGINEER be liable to CONTRACTOR, any Subcontractor, any Supplier, or any other person or organization, or to any surety for or employee or agent of any of them, for damages arising out of or resulting from: 1. delays caused by or within the control of CONTRACTOR; or 2. delays beyond the control of both OWNER and CONTRACTOR including but not limited to fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7. Except as covered by insurance B. Nothing in this paragraph 12.06 bars a change in Contract Price pursuant to this Article 12 to compensate CONTRACTOR due to delay, interference, or disruption directly attributable to actions or inactions of OWNER or anyone for whom OWNER is responsible. ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects A. Prompt notice of all defective Work of which OWNER or ENGINEER has actual knowledge will be given to CONTRACTOR. All defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to Work A. OWNER, ENGINEER, ENGINEER's Con- sultants, other representatives and personnel of OWN- ER, independent testing laboratories, and govern- mental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspecting, and testing. CONTRACTOR shall provide them proper and safe conditions for such access and advise them of CONTRACTOR's Site safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. C. If Laws or Regulations of any public body having jurisdiction require any Work (or part thereof) specifically to be inspected, tested, or approved by an employee or other representative of such public body, CONTRACTOR shall assume full responsibility for arranging and obtaining such inspections, tests, or approvals, pay all costs in connection therewith, and furnish ENGINEER the required certificates of inspe--- tion or approval. D. CONTRACTOR shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, or approvals required for OWNER's and ENGINEER's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. Such inspections, tests, or approvals shall be performed by organizations acceptable to OWNER and ENGINEER. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by CON- TRACTOR without written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation. F. Uncovering Work as provided in paragraph 13.03.E shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. General Conditions -J� - 29 13.04 Uncovering Work A. If any Work is covered contrary to the written request of ENGINEER, it must, if requested by ENGI- NEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. B. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGI- NEER or inspected or tested by others, CONTRAC- TOR, at ENGINEER's request, shall uncover, expose, or otherwise make available for observation, inspec- tion, or testing as ENGINEER may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that such Work is defective, CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observa- tion, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If, however, such Work is not found to be defective, CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Times (or Milestones), or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. If the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a Claim therefor as provided in paragraph 10.05. 13.05 OWNER May Stop the Work 13.06 Correction or Removal of Defective Work A. CONTRACTOR shall correct all defective Work, whether or not fabricated, installed, or completed, or, if the Work has been rejected by ENGI- NEER, remove it from the Project and replace it with Work that is not defective. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). 13.07 Correction Period A. ethers 0 other land o aFeas s ltino therefrom If CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, OWNER may have the defective Work corrected or repaired or may have the rejected Work removed and replaced, and all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replace- ment (including but not limited to all costs of repair or replacement of work of others) will be paid by CONTRACTOR. B. In o el o mc+enoes where a aFtiGUIar item of equipment is nlaeed iRn+'n I f 11 the \A/ L the before Substantial F6F�ipretlOn ^o. a.. ��.e ..ern, s�,c GGFFeGtion period for that item may start to run from an. eadier date if se provided in the Sped' In/ri++en Amendment. C. Where defective Work (and damage to other Work resulting therefrom) has been corrected or General Conditions -?9 9 - 30 removed and replaced under this paragraph 13.07, the correction period hereunder with respect to such Work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed. D. CONTRACTOR's obligations under this paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this paragraph 13.07 shall not be construed as a substitute for or a waiver of the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work A. If, instead of requiring correction or removal and replacement of defective Work, OWNER (and, prior to ENGINEER's recommendation of final pay- ment, ENGINEER) prefers to accept it, OWNER may do so. CONTRACTOR shall pay all Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) attributable to OWNER's evaluation of and determination to accept such defective Work (such costs to be approved by ENGINEER as to reasonableness) and the diminished value of the Work to the extent not otherwise paid by CONTRACTOR pursuant to this sentence. If any such acceptance occurs prior to ENGINEER's recommen- dation of final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and OWNER shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. If the parties are unable to agree as to the amount thereof, OWNER may make a Claim therefor as provided in paragraph 10.05. If the acceptance occurs after such recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER. 13.09 OWNER May Correct Defective Work A. If CONTRACTOR fails within a reasonable time after written notice from ENGINEER to correct defective Work orto remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.06.A, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other provi- sion of the Contract Documents, OWNER may, after seven days written notice to CONTRACTOR, correct and remedy any such deficiency. B. In exercising the rights and remedies under this paragraph, OWNER shall proceed expeditiously. In connection with such corrective and remedial action, OWNER may exclude CONTRACTOR from all or part of the Site, take possession of all or part of the Work and suspend CONTRACTOR's services related thereto, take possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Site, and incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's representatives, agents and employees, OWNER's other contractors, and ENGINEER and ENGINEER's Consultants access to the Site to enable OWNER to exercise the rights and remedies under this paragraph. C. All Claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) incurred or sustained by OWNER in exercising the rights and remedies under this paragraph 13.09 will be charged against CON- TRACTOR, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, OWNER may make a Claim therefor as provided in paragraph 10.05. Such claims, costs, losses and damages will include but not be limited to all costs of repair, or replacement of work of others destroyed or damaged by correction, removal, or replacement of CONTRACTOR's defective Work. D. CONTRACTOR shall not be allowed an exten- sion of the Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies under this paragraph 13.09. ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values A. The schedule of values established as provid- ed in paragraph 2.07.A will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments 1. At least 20 days before the date established for each progress payment (but not more often than once a month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting General Conditions - Q�QQ - 31 documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that OWNER has received the materials and equip- ment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate property insurance or other arrangements to protect OWNER's interest therein, all of which must be satisfactory to OWNER. 2. Beginning with the second Application for Payment, each Application shall include an affidavit of CONTRACTOR stating that all previous progress payments received on account of the Work have been applied on account to discharge CONTRACTOR's legitimate obligations associated with prior Applications for Payment. 3. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. B. Review of Applications 1. ENGINEER will, within 10 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment and present the Application to OWNER or return the Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend payment. In the latter case, CON- TRACTOR may make the necessary corrections and resubmit the Application. 2. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a representation by ENGINEER to OWNER, based on ENGINEER's observations on the Site of the executed Work as an experienced and qualified design professional and on ENGINEER's review of the Application for Payment and the accompanying data and schedules, that to the best of ENGINEER's knowledge, information and belief: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, to a final determination of quantities and classifications for Unit Price Work under paragraph 9.08, and to any other qualifications stated in the recommendation); and c. The conditions precedent to CONTRACTOR's being entitled to such pay- ment appear to have been fulfilled in so far as it is ENGINEER's responsibility to observe the Work. 3. By recommending any such payment ENGINEER will not thereby be deemed to have represented that: (i) inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically as- signed to ENGINEER in the Contract Docu- ments; or (ii) that there may not be other matters or issues between the parties that might entitle CONTRACTOR to be paid additionally by OWNER or entitle OWNER to withhold payment to CONTRACTOR. 4. Neither ENGINEER's review of CONTRACTOR's Work for the purposes of recommending payments nor ENGINEER's recommendation of any payment, including final payment, will impose responsibility on ENGINEER to supervise, direct, or control the Work or for the means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for CONTRACTOR's failure to comply with Laws and Regulations applicable to CONTRACTOR's performance of the Work. Additionally, said review or recommendation will not impose responsibility on ENGINEER to make any examination to ascertain how or for what purposes CONTRACTOR has used the moneys paid on account of the Contract Price, or to determine that title to any of the Work, materials, or equipment has passed to OWNER free and clear of any Liens. 5. ENGINEER may refuse to recom- mend the whole or any part of any payment if, in ENGINEER's opinion, it would be incorrect to make the representations to OWNER referred to in paragraph 14.02.13.2. ENGINEER may also refuse to recommend any such payment or, because of subsequently discovered evidence or the results of subsequent inspections or tests, revise or revoke any such payment recommendation previously made, to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: General Conditions -?4W - 32 a. the Work is defective, or completed Work has been damaged, requiring correction or replacement; b. the Contract Price has been reduced by Written Amendment or Change Orders; c. OWNER has been required to correct defective Work or complete Work in accor- dance with paragraph 13.09; or d ENGINEER hos aGtual L.,ewledge of the 000Urrep..e of any of the events ens Amer eted in paragraph 15.02.A. C. Payment Becomes Due D. Reduction in Payment 1. OWNER may refuse to make payment of the full amount recommended by ENGINEER because: a. claims have been made against OWNER on account of CONTRACTOR's performance or furnishing of the Work; b. Liens have been filed in connection with the Work, except where CONTRACTOR has delivered a specific Bond satisfactory to OWNER to secure the satisfaction and discharge of such Liens; c. there are other items entitling OWN- ER to a set-off against the amount recommended; or d. OWNER has actual knowledge of the occurrence of any of the events enumerated in paragraphs 14.02.B.5.a through 14.02.B.5.c or paragraph 15.02.A. 2. If OWNER refuses to make payment of the full amount recommended by ENGINEER, OWNER must give CONTRACTOR immediate written notice (with a copy to ENGINEER) stating the reasons for such action and promptly pay CONTRACTOR any amount remaining after deduction of the amount so withheld. OWNER shall promptly pay CONTRACTOR the amount so withheld, or any adjustment thereto agreed to by OWNER and CONTRACTOR, when CONTRACTOR corrects to OWNER's satisfaction the reasons for such action. 3. If it is subsequently determined that OWNER's refusal of payment was not justified, the amount wrongfully withheld shall be treated as an amount due as determined by paragraph 14.02.C.1. 14.03 CONTRACTOR's Warranty of Title A. CONTRACTOR warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. 14.04 Substantial Completion A. When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a certificate of Substantial Completion. Promptly thereafter, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of the Work to determine the status of completion. If ENGINEER does not consider the Work substantially complete, ENGINEER will notify CONTRACTOR in writing giving the reasons therefore. If ENGINEER o nsiders the WoFk substantially oom_ pplete, ENGINEER YAII pFepare- and -deel'Yer+"-c9 OWNER o tentative GertifmGate of Substantia' Completion whi.L, shall fox the date of Substantial CompietieR. TheFe shell he ot+oohe.d to the Gehif'Gate a +eptatoye Go+ of itemsto be—sempletedOF GE)rrested before—fi„a: paymen+ OWNER shall have seven Cloys after reeeip+ of the tentative nertifinnte duicing whieh to ..make Ywittep ebjeo+ien +e ENGINEER as to .. PFOYof the sert•fieete „ at+enhed dost. if, after p si,dering s .eh ohieotiops ENGINEER o nolo .des that the Work is no+ substantially r plete ENGINEER YAII within 14 Cloys -after submission of the tentative eertofi Gate to (1\e/AICD RE)tify CONTRACT -9R i ri+•pn Stating the Feaseps theFefer if, a#@r seRSAeFatelPl of QWNc: ohieofiens ENGINEER o siders the \efork suhston tFalrLy -oomprlet ., ENGINEER will rVirthrtioTsaid �14 days definit'ye oertifie.mte of Substantial Completion (YAth a FeTisedtentative alive list�R f items to be pleteA GF �R eerreoted) reflex+inn s Ueh ehanoes from the tentative seFtifaate as ENGINEER believesjustified ref oeRsideratien of any eestiens #rem BVNER. Atm time of .delivery of the tentative ertifieo+e of Cu bsten+'al Completion ENGINEER YAII ,deliver +e (OWER eprl CONTRACTOR a wi�itte!R endo+ien +e .division of a sihilities ending final paymept see Urita ratiop safety, and preteotion of the Wodr mai,^tena„seheat, utilities, insuFanGe, v„d waFFa;t@� opal g para Rtees I R!ess (1\e/AICD anal C;C)NTDe CT(1D agree a+hep.dse •n Writipo and s infer.p CAIGIAICCD ip writingPrier to €NGIN€€R'siss+fiR9 the ,defini+i„e eertifiG^ate ofSubstantial Completion, ENGINEER's General Conditions -?9V - 33 B. OWNER shall have the right to exclude CONTRACTOR from the Site after the date of Substantial Completion, but OWNER shall allow CON- TRACTOR reasonable access to complete or correct items on the tentative list. 14.05 Partial Utilization A. Use by OWNER at OWNER's option of any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which OWNER, ENGINEER, and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by OWNER for its intended purpose without significant interference with CONTRACTOR's performance of the remainder of the Work, may be accomplished prior to Substantial Com- pletion of all the Work subject to the following condi- tions. 1. OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees that such part of the Work is substantially complete, CONTRACTOR will certify to OWNER and ENGINEER that such part of the Work is substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. CONTRACTOR at any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request ENGINEER to issue a certificate of Substantial Completion for that part of the Work. Within a reasonable time after either such request, OWNER, CONTRACTOR, and ENGINEER shall make an inspection of that part of the Work to determine its status of completion. If ENGINEER does not consider that part of the Work to be substantially com- plete, ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete, the provisions of paragraph 14.04 will apply with respect to certification of Substantial Com- pletion of that part of the Work and the division of responsibility in respect thereof and access thereto. 2. No occupancy or separate operation of part of the Work may occur prior to compliance with the requirements of paragraph 5.10 regarding property insurance. 14.06 Final Inspection A. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete, ENGINEER will promptly make a final inspection with OWNER and CONTRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. CONTRACTOR shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. 14.07 Final Payment A. Application for Payment 1. After CONTRACTOR has, in the opinion of ENGINEER, satisfactorily completed all corrections identified during the final inspection and has delivered, in accordance with the Contract Documents, all maintenance and operating instructions, schedules, guaran- tees, Bonds, certificates or other evidence of insurance certificates of inspection, marked -up record documents (as provided in paragraph 6.12), and other documents, CONTRACTOR may make application for final payment follow- ing the procedure for progress payments. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: (i) all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by subparagraph 5.04.6.7; (ii) consent of the surety, if any, to final payment; and (iii) complete and legally effective releases or waivers (satisfactory to OWNER) of all Lien rights arising out of or Liens filed in connection with the Work. 3. In lieu of the releases or waivers of Liens specified in paragraph 14.07.A.2 and as approved by OWNER, CONTRACTOR may furnish receipts or releases in full and an affidavit of CONTRACTOR that: (i) the releases and receipts include all labor, services, material, and equipment for which a Lien could be filed; and (ii) all payrolls, material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER's property might in any way be responsible have been paid or otherwise satisfied. If any Subcontractor or Supplier fails to furnish such a release or receipt in full, CONTRACTOR may furnish a Bond or other collateral satisfactory to OWNER to indemnify OWNER against any Lien. B. Review of Application and Acceptance 1. If, on the basis of ENGINEER's obser- vation of the Work during construction and final inspection, and ENGINEER's review of the final General Conditions - M - 34 Application for Payment and accompanying documentation as required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER will, within ten days after receipt of the final Application for Payment, indicate in writing ENGINEER's recommendation of payment and present the Application for Payment to OWNER for payment. At the same time ENGINEER will also give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.09. Otherwise, ENGINEER will return the Application for Payment to CONTRACTOR, indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Application for Payment. C. Payment Becomes Due 14.08 Final Completion Delayed A. If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed, and if ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for Payment and recommendation of ENGINEER, and without terminat- ing the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required in paragraph 5.01, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Claims. 14.09 Waiver of Claims A. The making and acceptance of final payment will constitute: 1. a waiver of all Claims by OWNER against CONTRACTOR, except Claims arising from unsettled Liens, from defective Work appearing after final inspection pursuant to paragraph 14.06, from failure to comply with the Contract Documents or the terms of any special guarantees specified therein, or from CONTRACTOR's continuing obligations under the Contract Documents; and 2. a waiver of all Claims by CONTRAC- TOR against OWNER other than those previously made in writing which are still unsettled. ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION 15.01 OWNER May Suspend Work A. At any time and without cause, OWNER may suspend the Work or any portion thereof for a period of not more than 90 consecutive days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall he °hewed a -,4ustmeRt 'e the (men+raGt Rriee or an exteRSieR of the Contract Time er beth a;.ee+Iy att0h table toaRY ,.h R Of paFagFaph 10 05 15.02 OWNER May Terminate for Cause A. The occurrence of any one or more of the following events will justify termination for cause: 1. CONTRACTOR's persistent failure to perform the Work in accordance with the Con- tract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.07 as adjusted from time to time pursuant to paragraph 6.04); 2. CONTRACTOR's disregard of Laws or Regulations of any public body having jurisdiction; 3. CONTRACTOR's disregard of the authority of ENGINEER; or 4. CONTRACTOR's violation in any substantial way of any provisions of the Contract Documents. B. If one or more of the events identified in paragraph 15.02.A occur, OWNER may, after giving CONTRACTOR (and the surety, if any) seven days written notice, terminate the services of CONTRACTOR, exclude CONTRACTOR from the Site, and take possession of the Work and of all CONTRACTOR's tools, appliances, construction equipment, and machinery at the Site, and use the General Conditions - Ar - 35 same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which OWNER has paid CONTRACTOR but which are stored elsewhere, and finish the Work as OWNER may deem expedient. In such case, CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by OWNER arising out of or relating to completing the Work, such excess will be paid to CONTRACTOR. If such claims, costs, losses, and damages exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such claims, costs, losses, and damages incurred by OWNER will be reviewed by ENGINEER as to their reasonableness and, when so approved by ENGINEER, incorporated in a Change Order. When exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. C. Where CONTRACTOR's services have been so terminated by OWNER, the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CON- TRACTOR from liability. 15.03 OWNER May Terminate For Convenience A. Upon seven days written notice to CON- TRACTOR and ENGINEER, OWNER may, without cause and without prejudice to any other right or remedy of OWNER, elect to terminate the Contract. In such case, CONTRACTOR shall be paid (without duplication of any items): 1. for completed and acceptable Work executed in accordance with the Contract Docu- ments prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. for expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; 3. for all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) in- curred in settlement of terminated contracts with Subcontractors, Suppliers, and others; and 4. for reasonable expenses directly attributable to termination. B. CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other eco- nomic loss arising out of or resulting from such termina- tion. 15.04 CONTRACTOR May Stop Work or Terminate A. If, through no act or fault of CONTRACTOR, the Work is suspended for more than 90 consecutive days by OWNER or under an order of court or other public authority, or ENGINEER fails to act on any Application for Payment within 30 days after it is submitted, er OWNER falls fel: 30 days to pay CON TRACTORaRY FA fiRali„ deteri:Rined to be due, then CONTRACTOR may, upon seven days written notice to OWNER and ENGINEER, and provided OWNER or ENGINEER do not remedy such suspension or failure within that time, terminate the Contract and recover from OWNER payment on the same terms as provided in paragraph 15.03. In lieu of terminating the Contract and without prejudice to any other right or remedy, if ENGINEER has failed to act on an Application for Payment within 30 days after it is submitted, er C)VVNF=R has failed for 30 days to pay CONTRACTOR aRysurR fiRall„ detelr . 'Red to be due, CONTRACTOR may, seven days after written notice to OWNER and ENGINEER, stop the Work until payment is made of all such amounts due CONTRACTOR, including interest thereon. The provisions of this paragraph 15.04 are not intended to preclude CONTRACTOR from making a Claim under paragraph 10.05 for an adjustment in Contract Price or Contract Times or otherwise for expenses or damage directly attributable to CONTRACTOR's stopping the Work as permitted by this paragraph. ARTICLE 16 - DISPUTE RESOLUTION 16.01 Methods and Procedures A. Dispute resolution methods and procedures, if any, shall be as set forth in the Supplementary Conditions. If no method and procedure has been set forth, and subject to the provisions of paragraphs 9.09 and 10.05, OWNER and CONTRACTOR may exercise such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any dispute. General Conditions -?4Y - 36 ARTICLE 17 - MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver Of the notice.or by electronic submission. 17.02 Computation of Times A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. 17.03 Cumulative Remedies A. The duties and obligations imposed by these General Conditions and the rights and remedies avail- able hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents, and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. 17.04 Survival of Obligations A. All representations, indemnifications, warran- ties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Agreement. 17.05 Controlling Law A. This Contract is to be governed by the law of the state in which the Project is located. General Conditions - NY - 37 SECTION 00800 - SUPPLEMENTARY CONDITION TO THE GENERAL CONDITIONS Table Of Contents Article Title Pape Number SC -1.00 Introduction.....................................................................................................................2 SC -1.01 Defined Terms..................................................................................................................2 SC -1.02 Terminology.....................................................................................................................2 SC -2.05 Before Starting Construction............................................................................................2 SC -2.06 Preconstruction Conference............................................................................................. 2 SC -3.06 Coordination of Plans, Specifications, and Special Provisions............................................3 SC -4.02 Subsurface and Physical Conditions..................................................................................4 SC -5.01 Performance, Payment and Other Bonds..........................................................................4 SC -5.03 Certificates of Insurance...................................................................................................4 SC -5.04 CONTRACTOR's Liability Insurance....................................................................................4 SC -5.05 OWNER's Liability Insurance.............................................................................................5 SC -5.06 Property Insurance...........................................................................................................6 SC -5.07 Waiver of Rights............................................................................................................... 7 SC -5.08 Receipt and Application of Insurance Proceeds.................................................................7 SC -5.09 Acceptance of Bonds and Insurance; Option to Replace....................................................7 SC -6.02 Labor; Working Hours.......................................................................................................7 SC -6.06 Concerning Subcontractors, Suppliers, and Others...........................................................7 SC -6.08 Permits.............................................................................................................................7 SC -9.05 Authorized Variations in Work..........................................................................................8 SC -11.01 Cost of the Work...........................................................................................................8 SC -13.03 Test and Inspections.....................................................................................................8 SC -13.05 OWNER May Stop the Work.........................................................................................8 SC -13.07 Correction Period.........................................................................................................9 SC -14.02 Progress Payments....................................................................................................... 9 SC -14.04 Substantial Completion...............................................................................................10 SC -14.07 Final Payment.............................................................................................................10 SC -15.01 OWNER May Suspend Work.......................................................................................10 SC -15.02 OWNER May Terminate For Cause..............................................................................11 SC -15.04 CONTRACTOR May Stop Work or Terminate...............................................................11 SC -16 Dispute Resolution.........................................................................................................12 SC -16.02 Mediation...................................................................................................................12 SC -17 Miscellaneous................................................................................................................12 SC -17.06 Liens...........................................................................................................................12 +++ END OF THIS SUPPLEMENTARY CONDITIONS INDEX +.. Supplementary Conditions - 00800-1 594 IRC -9999 SECTION 00800 - SUPPLEMENTARY CONDITIONS TO THE GENERAL CONDITIONS SC -1.00 Introduction These Supplementary Conditions amend or supplement the Standard General Conditions of the Construction Contract (No. 1910-8, 1996 Edition) and other provisions of the Contract Documents as indicated below. All provisions, which are not so amended or supplemented, remain in full force and effect. The terms used in these Supplementary Conditions will have the meanings indicated in the General Conditions. SC -1.01 Defined Terms SC -1.01.A.20 Add the following language to the end of GC 1.01.A.20. ENGINEERS's Consultant: Edlund, Ddritenbas, Binkely Architects & Associates, P.A. 65 Royal Palm Pointe, Suite D Vero Beach, FL 32960 SC -1.01.A.21. Delete paragraph GC 1.01.A.21 in its entirety. SC -1.02 Terminology SC -1.02.D.1, 2, and 3 Delete paragraphs GC -1.02.D.1, 2, and 3 in their entirety and insert the following paragraphs in their place: D. Furnish, Install, Perform, Provide 1. The word "furnish" shall mean to supply and deliver services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word "install" shall mean to put into use or place in final position services, materials, or equipment complete and ready for intended use. 3. The words "perform" or "provide" shall mean to furnish and install services, materials, or equipment complete and ready for intended use. SC -2.05 Before Starting Construction SC -2.05.C. Delete paragraph GC 2.05.0 in its entirety and insert the following paragraph in its place: C. Evidence of Insurance: CONTRACTOR shall not commence work under this Contract until he has obtained all insurance required under Article 5 and such insurance has been delivered to the OWNER and approved by the OWNER, nor shall the CONTRACTOR allow any Subcontractor to commence work on his subcontract until all similar insurance required of the Subcontractor has been so obtained and approved. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with Article 13. SC -2.06 Preconstruction Conference SC -2.06 Delete paragraph GC -2.06.A in its entirety and insert the following paragraph in its place: A. Immediately after awarding the contract, but before the CONTRACTOR begins work, Supplementary Conditions - 00"5 SC -3.06 IRC -9999 the Project Manager will call a preconstruction conference ata`place the ENGINEER designates to establish an understanding among the parties as to the work and to discuss schedules referred to in paragraph 2.05.13, procedures for handling Shop Drawings and other submittals; and maintaining required records. Utility companies and others as appropriate will be requested to attend to discussand coordinate work. Per the FDOT Standard Specifications for Road and Bridge Construction, the Contractor will certify to the Engineer the following: 1. A listing of on-site clerical staff, supervisory personnel and their pro -rated time assigned to the contract, 2. Actual Rate for items listed in Table 4-3.2.1 (see below), 3. Existence of employee benefit plan for Holiday, Sick and Vacation benefits and a Retirement Plan, and, 4. Payment of Per Diem is a company practice for instances when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work. FDOT Table 4-3.2.1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation Benefits Actual Retirement Benefits Actual Workers Compensation Rates based on the National Council on Compensation Insurance basic rates tables adjusted by Contractor's actual experience modification factor in effect at the time of the additional work or unforeseen work Per Diem Actual but not to exceed State of Florida's rate *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.).y, ns,Speci ications, an Special SC -3.06 Add the following new paragraphs immediately after paragraph GC -3.05: A. In case of d* cr�e�arm, thmoverni❑� q�der. of the documents shall be as follows: on, rac rs s um ti ns and (Tari ications 1. ntten Interpre ations 2. Addenda 3. Specifications 4. Supplementary Conditions to the General Conditions 5. General Conditions 6. Approved Shop Drawings -( Supplementary Conditions - 006"6 IRC -9999 7. Drawings 8. Referenced Standards. B. Written/computed dimensions shall govern over scaled dimensions. Contractor shall be entitled to rely on the scale of the documents. Vectored PDF's SC -4.02 Subsurface and Physical Conditions SC -4.02 Add the following new paragraphs immediately after paragraph GC -4.02.8: C. In the preparation of Drawings and Specifications, ENGINEER or ENGINEER's Consultants relied upon the following reports of explorations and tests of subsurface conditions at the Site: NA D. Reports and drawings itemized in SC -4.02.0 are included with the Bidding Documents in Appendix D. SC -5.01 Performance, Payment and Other Bonds SC -5.01.A. Delete paragraph GC -5.01.A in its entirety and insert the following paragraphs in its place: Within fifteen (15) days of receipt of the Contract Documents for execution, the CONTRACTOR shall furnish a Public Construction Bond in an amount equal to 100% of the Contract Price. 1. In lieu of the Public Construction Bond, the CONTRACTOR may furnish an alternative form of security in the form of cash, money order, certified check, cashier's check, irrevocable letter of credit or a security as listed in Part II of F.S. Chapter 625. Any such alternative form of security shall be for the same purpose, and be for the same amount and subject to the same conditions as those applicable to the bond otherwise required. The determination of the value of an alternative form of security shall be made by the OWNER. 2. Such Bond shall continue in effect for one (1) year after acceptance of the Work by the OWNER. 3. The OWNER shall record the Public Construction Bond with the Public Record Section of the Indian River County Courthouse located at 2000 16th Avenue, Vero Beach, Florida 32960. SC -5.03 Certificates of Insurance SC -5.03 Delete the second sentence of paragraph GC -5.03 in its entirety. SC -5.04 CONTRACTOR's Liability Insurance SC -5.04 Add the following new paragraphs immediately after paragraph GC -5.04.8: C. The limits of liability for the insurance required by paragraph 5.04 of the General Conditions shall provide coverage for not less than the following amounts or greater where required by Laws and Regulations: 1. Worker's Compensation: To meet statutory limits in compliance with the Worker's Compensation Law of Florida. This policy must include Employer Liability with a limit $100,000 for each accident, $500,000 disease (policy limit) and $100,000 disease (each employee). Such policy shall include a waiver of subrogation as against OWNER and ENGINEER on account of injury sustained by an employee(s) of the CONTRACTOR. Supplementary Conditions - 007 IRC -9999 2. Commercial General Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Premises/Operations b. Products/Completed Operations C. Contractual Liability d. Independent Contractors e. Explosion f. Collapse g. Underground. 3. Business Auto Liability: Coverage shall provide minimum limits of liability of $1,000,000 per occurrence Combined Single Limit for Bodily Injury and Property Damage. This shall include coverage for: a. Owned Autos, and other vehicles b. Hired Autos, and other vehicles C. Non -Owned Autos, and other vehicles. 4. Special Requirements: a. Ten (10) days prior to the commencement of any work under this Contract, certificates of insurance and endorsement forms in the exact wording and format as presented in these Contract Documents will be provided to the OWNER's Risk Manager for review and approval. b. "Indian River County Florida" will be named as "Additional Insured" on both the General Liability and Auto Liability. C. The OWNER will be given thirty (30) days notice prior to cancellation or modification of any stipulated insurance. Such notification will be in writing by registered mail, return receipt requested and addressed to the OWNER's Risk Manager. d. An appropriate "Indemnification" clause shall be made a provision of the Contract (see paragraph 6.20 of the General Conditions). e. It is the responsibility of the CONTRACTOR to insure that all subcontractors comply with all insurance requirements. f. It should be remembered that these are minimum requirements, which are subject to modification in response to high hazard operation. g. Insured must be authorized to do business and have an agent for service of process in Florida and have Best's Rating of A -VII or better. h. All insurance requirements shall be at the Contractor's sole cost and expense, including any deductible or self-insured retention, without contribution from Indian River County or its insurance carriers. D. Additional Insureds: 1. In addition to "Indian River County, Florida," the following individuals or entities shall be listed as "additional insureds" on the CONTRACTOR's liability insurance policies: a. E. Contractor shall be responsible for any deductible or self-insured retention. SC -5.05 OWNER's Liability Insurance SC -5.05 Delete paragraph GC -5.05.A in its entirety. Supplementary Conditions - 00"$ IRC -9999 SC -5.06 Property Insurance SC -5.06 Delete paragraphs GC -5.06.A, B, and C in their entirety and insert the following paragraphs in their place: Owner A. GeNTRA/ TAI] shall purchase and maintain property insurance upon the Work at the Site in the amount of the full replacement cost thereof. This insurance shall: 1. include the interests of OWNER, CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's Consultants and any other individuals or entities identified in the Supplementary Conditions, and the officers, directors, partners, employees, agents and other consultants and subcontractors of any of them each of whom is deemed to have an insurable interest and shall be listed as an insured or additional insured; 2. be written on a Builder's Risk "All Risk" or open peril or special causes of loss policy form that shall at least include insurance for physical loss and damage to the Work, temporary buildings, falsework, and materials and equipment in transit and shall insure against at least the following perils or causes of loss: fire, lightning, extended coverage, theft, vandalism and malicious mischief, earthquake, collapse, debris removal, demolition occasioned by enforcement of Laws and Regulations, water damage, and such other perils or causes of loss as may be specifically required by the Supplementary Conditions. 3. include expenses incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers and architects); 4. cover materials and equipment stored at the Site or at another location that was agreed to in writing by OWNER prior to being incorporated in the Work, provided that such materials and equipment have been included in an Application for Payment recommended by ENGINEER; and 5. allow for partial utilization of the Work by OWNER; 6. include testing and startup; and 7. be maintained in effect until final payment is made unless otherwise agreed to in writing by OWNER, CONTRACTOR and ENGINEER with 30 days written notice to each other additional insured to whom a certificate of insurance has been issued. Owner B. EeNTRAFFE) shall be responsible for any deductible or self-insured retention. Owner C. The policies of insurance required to be purchased and maintained by GONTRACT-0 in accordance with this paragraph SC -5.06 shall comply with the requirements of paragraph 5.06.0 of the General Conditions. SC -5.06. E Delete paragraph GC -5.06. E in its entirety and insert the following in its place: E. Additional Insureds: 1. The following individuals or entities shall be listed as "additional insureds" on the Owner's C 9fFs property insurance policies: a. N/A Supplementary Conditions - 00"9 IRC -9999 SC -5.07 Waiver of Rights SC -5.07 Delete GC -5.07 (paragraphs A, 8, and C) in its entirety. SC -5.08 Receipt and Application of Insurance Proceeds SC -5.08 Delete GC -5.08 (paragraphs A and 8) in its entirety. SC -5.09 Acceptance of Bonds and Insurance; Option to Replace SC -5.09 Delete GC -5.09 (paragraph Alin its entirety. SC -6.02 Labor; Working Hours SC -6.02.8. Add the following paragraphs immediately after paragraph GC -6.02.8: 1. Regular working hours are defined as Monday through Friday, excluding Indian River Countyr Hoiidas from 7 a.m. to 5 p.m 2. Indian River County Holidays are: New Year's Day, Martin Luther King, Jr. Day, Good Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, Christmas Eve and Christmas Day. Working on these days will not be permitted without prior written permission and approval from the Construction Coordination Manager. 3. TOR shall receive no additional compensation for overtim or in excess of eight hours in dar d rs in any one calendar week, even though such ove ay a required un conditions and may 6y the ENGINEER in writing. 4. All costs of inspection and testing performed during overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to the OWNER to deduct the costs of all such inspection and testing from any payments otherwise due the CONTRACTOR.Unless Caused by Owner. 5. All costs of OWNER's employees and costs of ENGINEER's Consultant resulting from overtime work by the CONTRACTOR, which is allowed solely for the convenience of the CONTRACTOR, shall be borne by the CONTRACTOR, and a credit given to OWNER to deduct all such costs from any payments otherwise due the CONTRACTOR. 6. No work shall commence before 7 a.m. or continue after 5 p.m. except in case of emergency upon specific permission of the ENGINEER. SC -6.06 Concerning Subcontractors, Suppliers, and Others SC -6.06.C. Add the following sentence at the end of paragraph GC -6.06. C: OWNER or ENGINEER may furnish to any such Subcontractor, Supplier, or other individual or entity, to the extent practicable, information about amounts paid to CONTRACTOR on account of Work performed for CONTRACTOR by a particular Subcontractor, Supplier, or other individual or entity. SC -6.08 Permits SC -6.08 Add the following paragraphs immediately after paragraph GC -6.08.A: 1. The OWNER has obtained the following permits (copies of these permits are contained in Appendix A): Supplementary Conditions - 00"{11 IRC -9999 2. ACTOR shall obtain and pay for all other required permits and licenses. The CON I rovide copies of the permits to the OWNER and ENGINEER and shall comply wl 'tions contained in the permits at no extra cost to the OWNER. ONTRACTOR shall be familiar with all permit requirements during construction an onsible for complying with these requirements. The cost of thisefforts a in the pay item in which the work is most closely associated with. SC -9.05 Authorized Variations in Work SC -9.05.A. Delete the second sentence in paragraph GC -9.05.A in its entirety. Cost of the Work SC-11.01-A-1_Delete paragraph GC -11.01.A.1 in its entirety, and insert the following sentences in its place: 1. CONTR-AST.OR will receive payment for actual costs of direct labor and burden (see SC - 2.06.13) for the itional or unforeseen work. Labor includes foremen actually engaged in the work; and will no lude project supervisory personnel nor necessary on-site clerical staff, except when the acicliltiroRa.11,or unforeseen work is a controlling work item and the performance of such controlling wo m actually extends completion of the project due to no fault of the Contractor. Compensati r project supervisory personnel, but in no case higher than a Project Manager's position, s only be for the pro -rata time such supervisory personnel spent on the contract. In no case an officer or director of the Company, nor those persons who own more than 1% of the Co ny, be considered as project supervisory personnel, direct labor or foremen hereunder. expenses of performing Work outside of regular working hours, on Saturday, Sunday, or leg olidays, shall be included in the above to the extent authorized by OWNER. SC -13.03 Test and Inspections SC -13.03.13. Delete paragraph GC -13.03.8 in its entirety, and insert the following sentences in its place: B. OWNER shall employ and pay for the services of an independent testing laboratory to perform all initial inspections, tests, or approvals required by the Contract Documents except those inspections, tests, or approvals listed immediately below. Subsequent inspections, tests, or approvals required after initial failing inspections, tests, or approvals shall be paid for by the CONTRACTOR by back charge to subsequent applications for payment. The CONTRACTOR shall arrange, obtain, and pay for the following inspections, tests, or approvals: 1. inspections, tests, or approvals covered by paragraphs 13.03.0 and 13.03.D below; 2. costs incurred in connection with tests or inspections conducted pursuant to paragraph 13.04.13 shall be paid as provided in said paragraph 13.04.13; 3. tests otherwise specifically provided in the Contract Documents. SC -13.05 OWNER May Stop the Work SC -13.05.A. Delete paragraph GC -13.05.A in its entirety and insert the following paragraph in its place: Supplementary Conditions - 001 IRC -9999 A. If the Work is defective, or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to comply with permit requirements, or fails to comply with the technical specifications, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, OWNER may order CON- TRACTOR to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. SC -13.07 Correction Period SC -13.07A. Delete the firstsentence of paragraph GC -13.07.A in its entirety and insert the following sentence in its place A. If within one year after the date of Final Completion or such longer period of time as may be prescribed by Laws or Regulations or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any Work is found to be defective, or if the repair of any damages to the land or areas made available for CONTRACTOR's use by OWNER or permitted by Laws and Regulations as contemplated in paragraph 6.11.A is found to be defective, CONTRACTOR shall promptly, without cost to OWNER and in accordance with OWNER's written instructions: (i) repair such defective land or areas, or (ii) correct such defective Work or, if the defective Work has been rejected by OWNER, remove it from the Project and replace it with Work that is not defective, and (iii) satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. SC -13.0713. Delete paragraph GC -13.07.8 in its entirety and insert the following sentence in its place B. In special circumstances where a particular item of equipment is placed in continuous service before Final Completion of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Specifications or by Written Amendment. SC -14.02 Progress Payments SC -14.02.13.5. Delete paragraph GC -14.02.8.5.d in its entirety and insert the following paragraph in its place: ENGINEER has actual knowledge of the occurrence of any of the events enumerated in paragraph 15.02.A; or SC -14.02.13.5. Add the following sentences at the end of paragraph GC -14.02.8.5: OWNER has been required to pay ENGINEER additional compensation because of CONTRACTOR delays or rejection of defective Work; or OWNER has been required to pay an independent testing laboratory for subsequent inspections, tests, or approvals taken after initial failing inspections, tests, or approvals. SC -14.02.C.1. Delete paragraph GC -14.02.C.1 in its entirety and insert the following paragraph in its place: Supplementary Conditions - 0011M IRC -9999 C. Payment Becomes Due 1. Payment shall be made by OWNER to CONTRACTOR according to the Local Government Prompt Payment Act. F.S. 218.70 et. seq. SC -14.04 Substantial Completion SC -14.04A. After the third sentence in paragraph GC -14.04A of the General Conditions, delete the remainder of paragraph 14.04A in its entirety and replace with the following: "If Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a tentative certificate of Substantial Completion that shall fix the date of Substantial Completion. In accordance with the provisions of Florida Statutes section 208.735(7)(a)(2005), upon receipt of the tentative certificate of Substantial Completion from Engineer, the Owner, the Engineer, and the Contractor shall conduct a walk-through inspection of the Project to document a list of any items required to render the Work on the Project complete, satisfactory, and acceptable under this Agreement (herein the "Statutory List"). The Statutory List shall be reduced to writing and circulated among the Owner, the Engineer, and the Contractor by the Owner or the Engineer within 30 calendar days after substantial completion. The Owner and Contractor acknowledge and agree that: 1) the failure to include any corrective work, or pending items that are not yet completed, on the Statutory List does not alter the responsibility of the Contractor to complete all of the Work under this Agreement; 2) upon completion of all items on the Statutory List, the Contractor may submit a pay request for all remaining retainage except as otherwise set forth in this Agreement; and 3) any and all items that require correction under this Agreement and that are identified after the preparation of the Statutory List remain the obligation of the Contractor to complete to the Owner's satisfaction under this Agreement. After receipt of the Statutory List by the Contractor, the Contractor acknowledges and agrees that it will diligently proceed to complete all items on the Statutory List and schedule a final walk-through in anticipation of final completion on the Project." SC -14.0413 Add the following new paragraph immediately after paragraph GC 14.048: C. At the time of delivery of the tentative certificate of Substantial Completion, Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect to security, operation, safety, and protection of the Work, maintenance, heat, utilities, insurance, and warranties and guarantees SC -14.07 Final Payment SC -14.07.C.1. Delete paragraph GC -14.07. C.1 in its entirety and insert the following paragraph in its place: C. Payment Becomes Due Payment shall be made by OWNER to CONTRACTOR according to the "Local Government Prompt Payment Act" , Florida Statutes section 218.70, et. seq. SC -15.01 OWNER May Suspend Work SC -15.01.A Delete the last sentence in paragraph GC -15.01.A and insert the following in its place: Supplementary Conditions - 0086q" ... IRC -9999 CONTRACTOR shall be allowed an extension of the Contract Times, directly attributable to any such suspension if CONTRACTOR makes a Claim for an extension as provided in paragraph 10.05. CONTRACTOR shall met be allowed an adjustment of the Contract Price and CONTRACTOR shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such Work suspension. SC -15.02 OWNER May Terminate For Cause SC -15.02.A.5 and SC -15.02.A.6 Add the following new paragraphs immediately after paragraph GC - 15.02.A.4: 5. CONTRACTOR's violation of Section 02225 — "Erosion Control and Treatment of Dewatering Water From the Construction Site." 6. CONTRACTOR's failure to make payment to Subcontractors or Suppliers for materials or labor in accordance with the respective agreements between the CONTRACTOR and the Subcontractors or Suppliers. 7. CONTRACTOR certifies that it and its related entities 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 its related entities as defined above 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. SC -15.04 CONTRACTOR May Stop Work or Terminate SC -15.04 Delete the following text from the first sentence of paragraph GC -15.04.A: SC -15.04 Delete the following text from the second sentence of paragraph GC -15.04.A: Supplementary Conditions - 008W IRC -9999 SC -16 Dispute Resolution SC -16.02 Mediation SC -16 Add the following new paragraph immediately after paragraph GC -16.01. SC -16.02 Mediation A. OWNER and CONTRACTOR agree that they shall submit any and all unsettled Claims or counterclaims, disputes, or other matters in question between them arising out of or relating to the Contract Documents or the breach thereof, to mediation by a certified mediator of the 19`h Judicial Circuit in Indian River County unless delay in initiating mediation would irrevocably prejudice one of the parties. The mediator of any dispute submitted to mediation under this agreement shall not serve as arbitrator of such dispute unless otherwise agreed. SC -17 Miscellaneous SC -17.06 Liens Add the following new paragraphs immediately after paragraph GC17.05: SC -17.06 Liens A. This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens maybe filed against the OWNER. Any claimant may apply to the OWNER for a copy of this Contract. The claimant shall have a right of action against the CONTRACTOR for the amount due him. Such action shall not involve the OWNER in any expense. Claims against the CONTRACTOR are subject to timely prior notice to the CONTRACTOR as specified in Florida Statutes Section 255.05. The CONTRACTOR shall insert the following paragraph in all subcontracts hereunder: "Notice: Claims for labor, materials and supplies are not assessable against Indian River County and are subject to proper prior notice to (CONTRACTOR'S Name) and to (CONTRACTOR Surety Company Name), pursuant to Chapter 255 of the Florida Statutes. This paragraph shall be inserted in every sub -subcontract hereunder." The payment due under the Contract shall be paid by the OWNER to the CONTRACTOR only after the CONTRACTOR has furnished the OWNER with an affidavit stating that all persons, firms or corporations who are defined in Section 713.01, Florida Statutes, who have furnished labor or materials, employed directly or indirectly in the Work, have been paid in full. The OWNER may rely on said affidavit at face value. The CONTRACTOR does hereby release, remiss and quit -claim any and all rights he may enjoy perfecting any lien or any other type of statutory common law or equitable lien against the job. ++END OF SUPPLEMENTARY CONDITIONS++ Supplementary Conditions - 008W 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 Proctor Construction Company, LLC (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: Remediation work to complete work on Fire Station 11 in accordance with scope of work provided by Proctor Construction Company, LLC to Kieran O'Connor with Beacon Consulting Group, Inc. and Project Architect John Binkley Project Architect with EDB Architects to satisfy work not completed on Fire Station 11 Remodel in contract between Indian River County and Intertech Construction Corporation of America to complete the scope for Remodeling of kitchen and restrooms in accordance with plans and specifications prepared by Edlund, Dritenbas, Binkley and Associates, P.A. 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: Bid Number: Project Address: ARTICLE 3 - ENGINEER Fire Station 11 Remodel 2022061 2555 93rd Street, Vero Beach, FL 32963 3.01 The Indian River County Public Works Department is hereinafter called the ENGINEER and will act as OWNER's representative, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents. 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 606 A. The Work will be substantially completed on or before the 90th 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 120th calendar day after the date when the Contract Times commence to run. 4.03 Liquidated Damages A. CONTRACTOR and OWNER recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not completed within the times specified in paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Liquidated damages will commence for this portion of work. The parties also recognize the delays, expense, and difficulties involved in proving in a legal proceeding the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty), CONTRACTOR shall pay OWNER 400.00 for each calendar day that expires after a grace period of 30 days after the time specified in paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion and 30 day grace period, 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 $400.00 for each calendar day that expires after the time specified in paragraph 4.02 plus the 30 day grace period 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 exclusive of Owner allowances subject to additions and deductions provided in the Contract: Numerical Amount: $ 451,512.00 Written Amount: Four Hundred and Fifty One Thousand, Five Hundred and Twelve Dollars. 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. 607 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 final completion and acceptance of all work to be performed by CONTRACTOR under the Contract Documents. 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 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: 608 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 the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. CONTRACTOR is familiar with 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 which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions and (2 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) 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. Contractor and Indian River County agree that Contractor includes the Scope of Work in accordance with the Bid Documents, Contractor's proposed Schedule of Values, and Assumptions & Clarifications. F. 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, and data with the Contract Documents. I. CONTRACTOR has given ARCHITECT ENGINEE written notice of all conflicts, errors, ambiguities, or discrepancies that CONTRACTOR has discovered in the Contract Documents, and the written resolution thereof by ARCHITECT ENGI :EES 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. Contract Documents were not updated to show completed work or unsatisfactory work by Defaulting Contractor. K. Contractor is registered with and will use the Department of Homeland Security's E -Verify system (www.e-verify.gov) to confirm the employment eligibility of all newly hired employees for the duration of this agreement, as required by Section 448.095, F.S. Contractor is also responsible for obtaining proof of E -Verify registration for all subcontractors. ARTICLE 9 - CONTRACT DOCUMENTS 9.01 Contents 609 A. The Contract Documents consist of the following: 1. This Agreement (pages 00520-1 to 00520-10, inclusive); 2. Notice to Proceed (page 00550-1); 3. Public Construction Bond (pages 00610-1 to 00610-3, inclusive); 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 00800-12, inclusive); 11. Specifications as listed in Division 1 (General Requirements) and Division 2 (Technical Provisions); 12. Drawings consisting of a cover sheet (COVER), and sheets numbered ABB, A-1 through A-5, inclusive; M0.1, M2.1, E0.1, E2.1, E3.1, P0.1, P2.1, and P3.1, with each sheet bearing the following general title: Station 11 Interior Remodel 13. Addenda (N/A); 14. Appendices to this Agreement (enumerated as follows): N/A 15. CONTRACTOR'S BID (pages 00310-1 to 00310-8, inclusive); 16. 17. Sworn Statement Under Section 105.08, Indian River County Code, on Disclosure of Relationships (pages 00452-1 to 00452-2, inclusive); 18. Qualifications Questionnaire (page 00456-1 to 00456-2, inclusive); 19. List of Subcontractors (page 00458-1); 20. Certification Regarding Prohibition Against Contracting with Scrutinized Companies (page 00460-1); 610 21. 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 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 611 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(JU-)ircgov.com 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. [The remainder of this page was left blank intentionally] 612 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 this day of 2024. OWNER: By: Joseph Flescher, Chairman By: John A. Titkanich Jr., County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: Chris Hicks, Asst. County Attorney By: Ryan Butler, Clerk of Court and Comptroller Attest: Deputy Clerk (SEAL) Designated Representative: Name: David Rattray Title: Fire Chief 422543 d Avenue Vero Beach, Florida 32967 (772) 226-1977 drattray@ircgov.com CONTRACTOR: Proctor Construction Company, LLC (Contractor) (CORPORATE SEAL) Attest Address for giving notices: License No. (Where applicable) Agent for service of process: Designated Representative: Name: Title: Address: Phone: email: (If CONTRACTOR is a corporation or a partnership, attach evidence of authority to sign.) 613 Jennifer W. Shuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney ova County Attorneys Matters - B.CC .12.03.24 Office of INDIAN RIVER COUNTY MEMORANDUM TO: Board of County Commissioners THROUGH: John Titkanich, Jr., County Administrator FROM: Jennifer W. Shuler, County Attorney DATE: November 18, 2024 SUBJECT: Monitoring of Committees BACKGROUND. ATTORNEY On September 13, 2011, the Indian River County Board of County Commissioners ("Board") approved Resolution 2011-72, which appointed the County Attorney as the monitor of committee terms for various committees established by the Board. On June 20, 2023, the Board approved Resolution 2023-044, transferring the responsibilities of monitoring the committee terms to the Commission's Office Staff. After reconsideration, it was decided that it would be more feasible for the County Attorney's Office to handle the function of monitoring the committee's terms. The Commission Office staff will continue to prepare the notices for the meetings, email committee members regarding attendance, and take minutes of the meetings. The proposed Resolution redelegates the monitoring of committee terms to the County Attorney's Office. RECOMMENDATION. The County Attorney recommends that the Board adopt the proposed Resolution transferring the task of monitoring the committees listed on Exhibit A of the proposed Resolution back to the County Attorney's Office. /cm 614 RESOLUTION NO. 2024- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MODIFYING RESOLUTION 2011-072 RE -APPOINTING THE COUNTY ATTORNEY'S OFFICE AS THE MONITOR OF COMMITTEES, UPDATE LIST OF COMMITTEES TO BE MONITORED, ADD TERMINATION LANGUAGE DURING TERM. WHEREAS, the Board of County Commissioners (" Board") periodically establishes and appoints members to County committees, boards and councils collectively ("Committee" or "Committees"); and WHEREAS, per Resolution 2011- 072, the Board previously appointed the County Attorney as the Monitor of Committee terms for certain Committees; and WHEREAS, per Resolution 2023-44 the Board transferred the task of monitoring the Committees listed in Resolution 2011-072 back to the Commission Staff; and WHEREAS, the Board wishes to transfer the task of monitoring the committees listed on Exhibit A back to the County Attorney's Office. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: 1. Reappointment: The Board wishes modify Resolution 2011-072 to re -appoint the County Attorney's Office to serve as the Monitor of Committees terms for the Committees listed in the attached Exhibit A. 2. Committee Meetings Notifications and Attendance. The Commission Office staff will continue to prepare the notices for the meetings, email committee members regarding attendance, and record the minutes of the meetings. The Commission Office shall provide the County Attorney's Office with a copy of the attendance report and minutes of the meetings. 3. All other provisions of Resolution 2011- 072 shall remain in full force and effect. The resolution was moved for adoption by Commissioner and the motion was seconded by Commissioner , and, upon being put to a vote, the vote was as follows: 615 RESOLUTION NO. 2024 - Chairman Joseph E. Flescher Vice -Chairman Deryl Loar Commissioner Susan Adams Commissioner Joseph H. Earman Commissioner Laura Moss The Chairman thereupon declared the resolution duly passed and adopted this P day of December, 2024. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: Joseph E. Flescher, Chairman ATTEST: Ryan L. Butler, Clerk of Courts and Comptroller By: Deputy Clerk (SEAL) Approved as to form and legal sufficiency: �6rdfer . Shuler, County Attorney 616 RESOLUTION NO.2024- EXIHBIT A COMMITTEES ASSIGNED TO COUNTY ATTORNEY OFFICE FOR MONITORING Committees Affordable Housing Advisory Committee Agricultural Advisory Committee Beach & Shore Preservation Advisory Committee Children's Services Advisory Committee Citizen Oversight Committee Code Enforcement Board Construction Board of Adjustment and Appeals Economic Development Council Environmental Control Hearing Board Environmental Land Acquisition Panel Indian River County Census Community Action Committee Planning and Zoning Commission Public Safety Coordinating Council Public Safety Council for Criminal Justice, Mental Health, and Substance Abuse Tourist Development Council 617 eye. V Office Of Attorney's Matters 12/3/2024 INDIAN RIVER COUNTY ATTORNEY Jennifer W. Schuler, County Attorney Susan J. Prado, Deputy County Attorney Christopher A. Hicks, Assistant County Attorney TO: Board of County Commissioners THROUGH: John A. Titkanich, Jr., County Administrator FROM: Christopher A. Hicks, Assistant County Attorney DATE: November 26, 2024 SUBJECT: Purchase of Parcel of Property for Fire Station #16 Background: The County has been searching for a location for the future site of Fire Station #16. The proposed site is 11075 US HIGHWAY 1, SEBASTIAN, FL 32958 (hereinafter "property"). The property is a 10.73 -acre parcel and is zoned CL, Commercial Land. This site is excellently situated between both Old Dixie Highway and US -1 allowing multiple entry and exit points resulting in lower emergency response times and resilience to traffic issues. This station would serve the northern most points of the county, including the City of Sebastian, which is currently served by stations a much greater distance away. The location is in a prime location to serve the Sebastian Highlands and the upcoming Spirit of Sebastian development. The purchase and sale agreement (hereinafter "agreement") is in the amount of $1,400,000.00 (One Million and Four Hundred Thousand and 00/100 Dollars.) The land is zoned CL and as such a fire station is permitted use so there would be no need for any zoning changes. Additionally, the size of the property will allow the fire rescue fleet more space and more centralized location to increase the efficiency of operations. 618 Fire Station 16 Property Purchase November 26, 2024 Page 12 Fire Station 16 Property Purchase November 26, 2024 13 Funding: Funds, in the amount of $500,000, are currently budgeted and available in the Impact Fees/Fire Services/All Land/New Fire Rescue Station 16 account, number 10312022- 066110-24025. An additional $900,000, for a total of $1,400,000, will be appropriated in the Fiscal Year 2024/2025 Capital Improvements Element. Account Description Account Number Amount Impact Fees/Fire Services/All Land/New Fire Rescue Station 16 10312022-066110-24025 $1,400,000 Recommendation: Staff seeks the position of the Board on whether to enter into the purchase and sale agreement for the proposed Fire Station #16 site. If the Board chooses to approve the Purchase and Sale Agreement, please also authorize the Chairman to execute same. Attachment(s): Purchase and Sale Agreement 620 AGREEMENT TO PURCHASE, SELL, AND LEASE REAL ESTATE BETWEEN INDIAN RIVER COUNTY AND/OR ASSIGNS AND ROCKER SEBASTIAN, LLC' THIS AGREEMENT TO PURCHASE AND SELL REAL ESTATE ("Agreement") is made and entered into as of the day of , 2024_, by and between INDIAN RIVER COUNTY, 180127' Street, Vero Beach, FL 32960, a political subdivision of the State of Florida and/or assigns ("the Buyer"), and, Rocker Sebastian LLC ,("the Seller) who agree as follows: WHEREAS, Seller owns property located at +-11.76 acres of land located at Property located at 11075 US HIGHWAY 1, Sebastian, FL 32958. A legal description of the property is attached to this agreement as Exhibit "A" and incorporated by reference herein; and NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants and premises hereinafter, the BUYER and SELLER agree as follows: 1. Recitals. The above recitals are affirmed as being true and correct and are incorporated herein. 2. Agreement to Purchase and Sell. The Seller hereby agrees to sell to the Buyer, and the Buyer hereby agrees to purchase from Seller, upon the terms and conditions set forth in this Agreement that certain parcel of real property located at 11075 US HIGHWAY 1, Sebastian, FL 32958 (Parcel A) and more specifically described in the legal descriptions attached as Exhibit "A", fee simple, containing a total of approximately +/-11.76 acres, all improvements thereon, together with all easements, rights and uses now or hereafter belonging thereto (collectively, the "Properties"). 2.1 Purchase Price, Effective Date. The purchase price ("Purchase Price") for the Properties shall be $ 1,400,000.00 (One Million and Four Hundred Thousand and 00/100 Dollars). The Purchase Price shall be paid on the Closing Date. The Effective Date of this Agreement shall be the date upon which both Buyer and Seller have executed and delivered via email the executed Agreement. 2.2 Deposits. Within fourteen (14) days of the Effective Date of this Agreement, BUYER shall deposit, and cause to be placed in an escrow account maintained by the Escrow Agent the amount of TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) to be paid in the manner described below ("Earnest Money"). Buyer's obligation to close the transaction in accordance with provisions of this Agreement is contingent upon the Seller's ability to deliver good and marketable title for the Property and to satisfy any other conditions set forth herein. Should the Seller default hereunder, the Buyer shall be entitled to an immediate refund of the entire sum of the Earnest Money held by the Escrow Agent. ($100,000.00) shall be deposited with Escrow Agent within five (5) business days following the expiration of the Inspection Period. The first deposit of TWENTY-FIVE THOUSAND AND 00/100 DOLLARS ($25,000.00) is referred to as the "Inspection Period Deposit", and the second deposit of ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00), is referred to as the "Contract Period Deposit". Both deposits together shall cumulatively be referred to as the "Contract Deposit". If Buyer has not terminated the Contract on or before end of the Inspection Period, and then fails to close for any reason, Seller shall retain the full Contract Deposit as liquidated damages for Buyer's default. Buyer and Seller hereby appoint The Law office of Barry G. Segal, P.A, to act as the Escrow Agent for the transaction contemplated by this Agreement and to hold the Earnest Money in escrow subject to the terms of this Agreement. 3. Title. Seller shall convey marketable title to the Properties by warranty deed free of claims, liens, easements and encumbrances of record or known to Seller; but subject to property taxes for the year of Closing and covenants, restrictions and public utility easements of record provided (a) there exists at Closing no violation of any of the foregoing; and (b) none of the foregoing prevents Buyer's intended use and development of the Properties ("Permitted Exceptions"). The current year property taxes will be prorated at the time of closing. 3.1 Buyer may order an Ownership and Encumbrance Report or Title Insurance Commitment with respect to the Properties. Buyer shall within thirty (30) days following the Effective Date of this Agreement deliver written notice to Seller of title defects. Title shall be deemed acceptable to Buyer if (a) Buyer fails to deliver notice of defects within the time specified, or (b) Buyer delivers notice and Seller cures the defects within thirty (30) days from receipt of notice from Buyer of title defects ("Curative Period"). Seller shall use best efforts to cure the defects within the Curative Period and if the title defects are not cured within the Curative Period, Buyer shall have thirty (30) days from the end of the Curative Period to elect, by written notice to Seller, to: (i) to terminate this Agreement, whereupon shall be of no further force and effect, or (ii) extend the Curative Period for up to an additional 90 days; or (iii) accept title subject to existing defects and proceed to closing. 4. INSPECTIONS. Inspections. Buyer, its agents, employees, and representatives shall have ninety (90) days after the Effective Date to perform any and all inspections of the Property as the Buyer deems necessary (the "Inspection Period"). During the Inspection Period, Buyer shall, at its sole cost and expense, determine that utility services including, water, wastewater, electric, telephone and all other utilities are available in the proper size and capacity to serve the existing facilities and installed to the property lines. At all times during the Inspection Period, Buyer and its agents shall be provided with reasonable access during normal business hours to the Property for purposes of on-site inspection, 2 622 upon reasonable prior Notice (a minimum of twenty-four (24) hours) to Seller. The scope of the inspection contemplated herein shall be determined by Buyer as deemed appropriate under the circumstances and for this Property. This Agreement is contingent upon Buyer, at Buyer's sole cost and expense, obtaining and accepting a Phase I Environmental Audit satisfactory to Buyer and, if deemed necessary at its discretion, a Phase 11 Environmental Audit for which it will be granted an additional thirty (30) day extension to the Inspection Period and Closing Date. 4.1 Termination. Buyer, at any time during the Inspection Period and in its sole discretion and for any reason whatsoever, shall be entitled to terminate this Agreement. In such event, Buyer shall provide a written cancellation notice by mail, email or facsimile along with a copy of all inspection reports and test results to Seller and/or Seller's counsel and receive the immediate refund of all deposit monies paid to date. Upon such receipt of the inspection reports/test results and cancellation notice , the Escrow Agent shall be authorized to deliver the deposit monies, together with any interest earned, if any, as directed by the Buyer, and the parties shall have no further rights or obligations pursuant to this Agreement. In such event, Escrow Agent shall be entitled to rely solely upon Buyer's instructions, and Seller shall not be entitled to object to the disbursement of the Escrow Deposit. Buyer shall have up to 15 days after receipt of the cancellation notice to provide the inspection reports / test results. Release of the deposit shall not be contingent upon anything within the reports/results but solely on the receipt of same by Seller and /or Seller's counsel. 4.2 Restoration. Buyer shall restore any damage to the Property caused by Buyer's inspection of the Property except in the event of any gross negligence or misconduct by Seller or its agents. Notwithstanding anything contained herein to the contrary, Buyer shall not indemnify or hold Seller harmless with respect to, and Buyer shall not be required to, remove, remediate, dispose or otherwise deal with any "Hazardous Substance", sampling derived from the Property containing Hazardous Substances which it finds in connection with its Due Diligence Investigations of the Property. 5. Representations of the Seller. 5.1 Seller is indefeasibly seized of marketable, fee simple title to the Properties, and is the sole owner of and has good right, title, and authority to convey and transfer the Properties which is the subject matter of this Agreement, free and clear of all liens and encumbrances. 5.2 From and after the Effective Date of this Agreement, Seller shall take no action which would impair or otherwise affect title to any portion of the Properties, and shall record no documents in the Public Records which would affect title to the Properties, without the prior written consent of the Buyer. 623 5.3.1 There are no existing or pending special assessments affecting the Properties, which are or may be assessed by any governmental authority, water or sewer authority, school district, drainage district or any other special taxing district. 6. Default. 6.1 In the event the Buyer shall fail to perform any of its obligations hereunder, the Seller shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Buyer at or prior to the Closing Date and thereupon neither the Seller nor any other person or party shall have any claim for specific performance, damages, or otherwise against the Buyer; or (ii) waive the Buyer's default and proceed to Closing. 6.2 In the event the Seller shall fail to perform any of its obligations hereunder, the Buyer shall, at its sole option, be entitled to: (i) terminate this Agreement by written notice delivered to the Seller at or prior to the Closing Date and thereupon neither the Buyer nor any other person or party shall have any claim for specific performance, damages or otherwise against the Seller; or (ii) obtain specific performance of the terms and conditions hereof; or (iii) waive the Seller's default and proceed to Closing: 7. Closing. 7.1 The closing of the transaction contemplated herein ("Closing" and "Closing Date") shall take place within thirty (30) days following the expiration of the Inspection Period. . The parties agree that the Closing shall be as follows: (a) The Seller shall execute and deliver to the Buyer a warranty deed conveying marketable title to the Properties, free and clear of all liens and encumbrances and in the condition required by paragraph 3. (b) If Seller is obligated to discharge any encumbrances at or prior to Closing and fails to do so, Buyer may use a portion of Purchase Price funds to satisfy the encumbrances. (c) If the Seller is a non-resident alien or foreign entity, Seller shall deliver to the Buyer an affidavit, in a form acceptable to the Buyer, certifying that the Seller and any interest holders are not subject to tax under the Foreign Investment and Real Property Tax Act of 1980. (d) The Seller and the Buyer shall each deliver to the other such other documents or instruments as may reasonably be required to close this transaction. 7.2 Taxes. All taxes and special assessments which are a lien upon the property on or prior to the Closing Date (except current taxes which are not yet due and payable) shall be paid by the Seller. Current year taxes shall be prorated between the parties as of the date of closing. 4 624 8. Personal Property. 8.1 The Seller shall have removed all of its personal property, equipment and trash from the Properties. The Seller shall deliver possession of the Properties to Buyer vacant and in the same or better condition that existed at the Effective Date hereof. 9. Closing Costs: Expenses. Buyer shall be responsible for preparation of all Closing documents. 9.1 Buyer shall pay the following expenses at Closing: 9.1.1 The cost of recording the warranty deed and any release or satisfaction obtained by Seller pursuant to this Agreement. 9.1.2 Documentary Stamps required to be affixed to the warranty deed. 9.1.3 All costs and premiums for the owner's marketability title insurance commitment and policy, if any. 9.1.4 Costs of any title commitment / title search and/or lien searches. 9.2 Seller shall pay the following expenses at or prior to Closing: 9.2.1 All costs necessary to cure title defect(s) or encumbrances, other than the Permitted Exceptions, and to satisfy or release of record all existing mortgages, liens or encumbrances upon the Properties. 10. Miscellaneous. 10.1 Controlling Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Florida. Venue shall be in Indian River County for all state court matters, and in the Southern District of Florida for all federal court matters. 10.2 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to this transaction and supersedes all prior agreements, written or oral, between the Seller and the Buyer relating to the subject matter hereof. Any modification or amendment to this Agreement shall be effective only if in writing and executed by each of the parties. 10.3 Assignment and Binding Effect. Buyer may assign its rights and obligations under this Agreement without the prior written consent of the other party. The terms hereof shall be binding upon and shall inure to the benefit of the parties hereto and their successors and assigns. 10.4 Notices. Any notice shall be deemed duly served if personally served or if mailed by certified mail, return receipt requested, or if sent via "overnight" courier service or facsimile transmission, as follows: 625 If to Seller: 791 Crandon Blvd Apt 1206 Key Biscayne FI 33149 Legal and will be there after 10/25 after then 43 Minnisink Road Short Hills NJ 07078 If to Buyer: Indian River County Attn. Public Works Director 1801 27th Street Vero Beach, FL 32960 (772) 226-3490 Either party may change the information above by giving written notice of such change as provided in this paragraph. 10.5 Survival and Benefit. Except as otherwise expressly provided herein, each agreement, representation or warranty made in this Agreement by or on behalf of either party, or in any instruments delivered pursuant hereto or in connection herewith, shall survive the Closing Date and the consummation of the transaction provided for herein. The covenants, agreements and undertakings of each of the parties hereto are made solely for the benefit of, and may be relied on only by the other party hereto, its successors and assigns, and are not made for the benefit of, nor may they be relied upon, by any other person whatsoever. 10.6 Attorney's Fees and Costs. In any claim or controversy arising out of or relating to this Agreement, each party shall bear its own attorney's fees, costs, and expenses. 10.7. Counterparts. This Agreement may be executed in two or more counterparts, each one of which shall constitute an original. 10.8 Beneficial Interest Disclosure: In the event Seller is a partnership, limited partnership, corporation, trust, or any form of representative capacity whatsoever for others, Seller shall provide a fully completed, executed, and sworn beneficial interest disclosure statement in the form attached to this Agreement as an exhibit that complies with all of the provisions of Florida Statutes Section 286.23 prior to approval of this Agreement by the Buyer. However, pursuant to Florida Statutes Section 286.23 (3) (a), the beneficial interest in any entity registered with the Federal Securities and Exchange Commission, or registered pursuant to Chapter 517, Florida Statutes, whose interest is for sale to the general public, is exempt from disclosure; and where the Seller is a non-public entity, that Seller is not required to disclose persons or entities holding less than five (5%) percent of the beneficial interest in Seller. 3 11. Broker Fees. Collies International represents the Buyer in this transaction. The Seller shall pay the buyers broker 3% of the total price at closing. IN WITNESS WHEREOF, the undersigned have executed this Agreement as of the date first set forth above. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By: Susan Adams, Chairman Date Approved: ATTEST: Ryan Butler Clerk of the Court and Comptroller By: Deputy Clerk APPROVED AS TO FORM: APPROVED: Chrisotpher Hicks John A. Titkanich, Jr. Assistant County Attorney County Administrator Seller: Rocker Sebastian , LLC 627 EXHIBIT "All PARCEL A tectal Deaerlpt snn CVQNje*eing mt the srtnatbeast corater 01 g+rr+rvflnent Lot 3, S,*cticm 84 YeiW"llip 11 moutbi, "pa 30 abet.. Roo iiarth 349'36'19" #dSt a. 4V*taara of 44.01JW0t to a P+tlot " this peeftw't Most vilaht of war UxW of t;.@. mi*ooi7Y 3t, sasd pbUt bolss7 the vo"at Of 1,a�snoinq tar the .flollowims ve`t-ev bird hautd* alitacrSttion: vroi* "i# polot ni .of Jkeotwn6l van I(srith 0#36133" Kn t ca Om watt. 114E nt said. 4overnatmt F". } A diost ft.4- r,E S85,36 feast to a point .gin Uto Coat riot *0 +n►= 11.04_ ai b Oeu3aty euatl. s,.Lil tight of est• Wr p 38 im towt of mnd parWel to the bast ea4>aht of ,s�i 39.ap of the vWrida past wast fiaitmad, kern halal nt ran swrtk 34.41'19" west and 0664.11,0 to the '00Va3moid xoty rightOt �i+ay at the FJOV131a. Fast Coast iliilr.)Ai8 . diAt■=* of lift.'ti, f*rt t�q a point OA tb* fittt riq%L of wqy, line a4' oforev*44 oomicky_ roado the7me run North vwxt a dietame a! 13..x3 teoet to the East tight oe wwy line of the Florid* 960 Cwaxt 8611roa4i thetrcm teen north $a'#}'y.4' moor a13mp.afore-"14 t'4o, rt%ht of way 11" of the t1ori4a n3+0t- Cowart Rokimp.0 A d4*tmme of 134,36 fimt toe point as OW North line Wf *foresait4 Gov*rnn¢¢;iL tol 3; thovice run Smth A4',�b'b'p'" I3:let .01*09 i.ald a -i th lic4 -of c. l..at 3 a d#atome of 34941,35 feet to i. 4sin2 an thrmoot rigbt of W#7 U -MO) of.. the l.ruyfti.t tl.g. l3.iiliiiay' no.. d; negate CUM $030th, CA61 ai.peq the, stern rkal,t at VAY of e„;t. 14,Wbh%Ay X0. i a diatanc.> of 1479.39 fain to the paiot 4 b*41ii►bkne, Xll: of the abave land 3yi34 i.n LIVAt• gyre of Ga+iarneilnt Let 3, sietiuri 8, Tosinnl.ip 31 $oiit%a it " 9Wwt, mnta+eem tho %lawt r1obt of u4y linin of O.S. IMOWAY loo. 1 Ora Chill 94..et right of vay 11.33* at iho tierida MiaL Mast VA* raa33. 1040 C-e3"Elt "ad, Lza s lot vG&t.6M2Ai% nr.5ts%rpX0 P11p1MI taa131An91lr9 at the Soat ak t carate of i3ah Ornmomt bat t. fiOG'!LSfia a, %3h+iieh3,F 31 ffoath, iia a 3! C0Rwt, rain 11trGf h ➢`36'13' W*st a dietxnea of 40.93 10et tib ,a pa3.nt co thw. reosemt West 1•191.R Of imy Ifni= a:f U.S. flighmry No. 1, 4433 pii<ih WL" tht+ taint of b"in UAfar tsra �a7 � Ry►rioy �fr..e aop 16nunAlr de*cr taitiaan; !"ftdb grid Lint of lieysainkrig, ruM1 w0r+tlk e9-aa'!Q" iw^st ern the South life of attxid O"Vaernta.nt Lot 3 a. aii.aytwrxan 9C 1,42-34 fe*tl theMe ruA dveth: 2'6'84120' ttizpL, 390.12 f.aet; '130000 reps &s.th 09'3511S' radar $53..18 ZmA move ar isle bo s skim; p$n on the &Aorelfiaid West rf.yht of Wq l:iatir of i1,$. ntf ghwry Xn.. )F Owe .run South 261SVS9" vAbt 4-161b5 fund rS.yi.L of y..nr 41.1!0 119 f*Mt to the, Mint Of begiiinl", Am 6omerit7;*9 of the Southeast C.7rnOe of 1O&Y4krM nt Loo :3,. %011"+Pn 9. '70"Ohip 31 ftut.hr f1aA*0 39 ft*ti run Far.th #9" $4`19^ Meet a distance of 40.93 f"ett W a PO3AC am the r4meme6 mart right at Val JIM nl f1. -S. misbMAY no. l; thole" rrls. poxtih 09'36119* ilext oma tow south U60 at gall 4WVUr3111en% Let 3. a 41stAnao of 242.36 ftat: to the paint a �nn*ayt rraet the Point of ieepilinluM emaL1W1* aw,rth 09'id;fll Mai►!. 343.0 feet t6 the 9aWL r-iglst est tabu+ llms o9 aamft raved, mr#d. r*-gght of "y bikes* 34 tent east of Okee,1341 to the tart r€pht of W*Y Alae of the• rJorido Inst C"tt (1 14064; themm rum xert h 1114.2110* Beet ami paralici to-t13c acvrcrrid.'tax. V196FL of Iswj at the R4ori:da Rant st "Ito a aistAtlam of 3110 tail, to a, fiwiarti ttNeaft •sae. Sono► 89135iis, daxt, lit.+G,b .C+t+3st; 4040ft ton Seroth 26.04920' to &L, ' 170,42 (4owt to ttm point of tcgllsein11. O.A. V#1 P$ 4+1 g 628 December 03, 2024 Commissioners Matters Item #15-B Indian River County Board of County Commissioners Interoffice Memorandum TO: Members of the Board of County Commissioners DATE: November 22, 2024 SUBJECT: Quarterly Updates from County Administrator and County Attorney FROM: Commissioner Deryl Loar Discussion Item: At the September 10, 2024 Board of County Commission meeting, the County Administrator provided the members of the Board with an objective overview of his tenure that included his achievements, obstacles, and future vision. The Board unanimously agreed that the County Administrator and County Attorney would return to provide quarterly progress reports beginning with the December 03, 2024, Board of County Commissioners meeting. At this time, I am requesting an update from both John Titkanich, County Administrator and Jennifer Shuler, County Attorney regarding their achievements, obstacles and future vision. I am also requesting that my fellow Commissioners provide their input into this discussion. 629 12,/ November 22, 2024 ITEM 15.C. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS INTER -OFFICE MEMORANDUM TO: Members of the Board of County Commissioners DATE: November 22, 2024 SUBJECT: Opioid Task Force Update FROM: Susan Adams Commissioner, District 1 I would appreciate a discussion with my fellow commissioners about the Opioid Task Force Update. 630 Recommendation for Indian River County Opioid and Substance Use Task Force Purpose The Indian River County Opioid and Substance Use Task Force will: 1. Develop and oversee a comprehensive opioid and substance use response plan, focusing on prevention, intervention, treatment, and recovery efforts. 2. Recommend funding priorities based on a local opioid and substance use needs assessment, ensuring programs address current community needs. 3. Serve as an advisory body to the Board of County Commissioners (BOCC), providing guidance on funding priorities and resource allocation. 4. Ensure coordination and collaboration across various sectors, to maximize the effectiveness of opioid response efforts. 5. Monitor and evaluate funded programs to measure impact and adjust strategies based on outcomes. Membership Composition The Opioid and Substance Use Task Force will bring together representatives from key organizations directly involved in addressing opioid -related issues within Indian River County. Thrive, serving as the coordinating agency, will act as the non-voting member, facilitating the task force's efforts. The voting membership is composed of appointed representatives from key organizations directly involved in addressing opioid -related issues within Indian River County. The voting membership includes: 1. Indian River County Hospital District Representative 2. School District of Indian River County Representative 3. Health Department of Indian River County Representative 4. Federally Qualified Health Center Representative 5. Cleveland Clinic Indian River Representative 6. Local Law Enforcement Representative 7. Local Emergency Services Representative 8. Mental Health Provider Representative 9. Community Resource Representative 10. Substance Use Treatment Representative 11. Person with Lived Experience- Substance Use Disorder 631 Roles and Responsibilities • Needs Assessment and Analysis: Conduct a comprehensive needs assessment every five years to identify trends, service gaps, and high-risk populations related to opioid and substance use in the community. Use the findings to inform strategic planning and allocate resources effectively. In addition, perform an annual data review and update the local dashboard to keep the community informed and support continuous improvement efforts. • Strategic Planning and Program Recommendations: Develop a strategic plan to address evolving community needs, establishing priorities for funding and program development. Recommend funding allocations based on current needs, best practices, and strategic goals to ensure the most impactful programs are prioritized. • Request for Proposal (RFP) Process: Establish an RFP process to identify and recommend programs that align with the county's opioid response goals, ensuring a transparent and competitive selection of service providers. • Monitoring and Evaluation: Establish clear metrics for program success and conduct regular reviews to assess progress, adjusting as needed to meet established goals. Implementation and Meetings Meeting Schedule: The task force should meet quarterly to review data, discuss program effectiveness, and provide ongoing recommendations. Additional meetings can be scheduled as necessary. • Reporting to the BOCC: The task force will provide the Board of County Commissioners with presentations at least once a year. These presentations will cover data findings, program outcomes, funding priorities, funding recommendations, and any other relevant updates. 632 SWDD Item Indian River County, Florida Solid Waste Disposal District (SWDD) Board Memorandum Date: November 15, 2024 To: The Solid Waste Disposal District Board of County Commissioners Through: John A. Titkanich, Jr., County Administrator Sean C. Lieske, Director of Utility Services Prepared By: Himanshu H. Mehta, PE, Managing Director, SWDD Subject: Approval of Amendment No. 3 to Work Order No. 1 to Geosyntec for Phase 2, Segment 3, Cell 3 Engineering Services Descriptions and Conditions: The Indian River County (IRC) Solid Waste Disposal District (SWDD) Class 1 landfill includes the closed Segment 1 Infill, Segment 2 vertical expansion, and Segment 3 lateral expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consists of eight cells that are being constructed in phases, as needed. Segment 3 Cell 1, directly east of and on top of the east slope of Segment 2, was constructed in 2013. Segment 3 Cell 2 was constructed in 2020. On April 4, 2023, the SWDD Board approved Work Order No. 1 to Geosyntec Consultants, Inc. in the amount of $139,129.70 for the Phase 2 Segment 3, Cell 3 Project. The scope of work was to provide professional and support services for the procurement of a construction contract for the approximately 10.5 -acre Cell 3, which consists of construction of Cell 3 liner and leachate control systems and appurtenant structures including an access ramp into the cell, and development of Engineer's Cost Estimate (ECE) for the project. On February 20, 2024, the SWDD Board awarded the Cell 3 construction contract to Comanco Environmental Corporation (Comanco) in the amount of $6,897,651.70, as well as approved Amendment No. 1 to Geosyntec for the construction management of Cell 3 within Segment 3 in the amount of $667,145.14. Comanco was issued the notice to proceed (NTP) on April 1, 2024, and had an estimated substantial completion by July 31, 2024. However, on August 20, 2024, the SWDD Board approved Amendment No. 2 to Geosyntec in the amount of $170,505.20 due to justification for additional construction services as Comanco estimated substantial completion of October 11, 2024. Due to the construction schedule impacts to our project because of both Hurricane Helene and Hurricane Milton, Comanco has now estimated a substantial completion of November 25, 2024. This Amendment No. 3 to Geosyntec is for additional construction services to complete the project. 9c8eb913-09ab-042-8e8e-bb2e49c62b98 6�e 1 oft SWDD Item Analysis: Geosyntec has prepared Landfill Amendment No. 3 to Work Order No. 1, provided in Attachment 1, for engineering services detailing the scope of work, budget, and schedule forthe phases requiring additional funding to complete the construction management of Cell 3 within Segment 3. The fees to be paid by SWDD for the execution of this work authorization are in accordance with the attached master agreement. The phases are listed below along with their estimated fees. Phase Description Budget Phase 1: General Consulting/Meeting Support/Project Management $4,341.72 Phase 3: QA/QC Services $82,516.12 Phase 4: Construction Management $13,024.24 Total $99,882.08 Funding: Funding of $99,882.08 for this project is budgeted and available in the SWDD/WIP/Cell 3 Landfill Expansion account, number 411-169000-22034. Since this is an operating capital project, the funds will come from the fund balance. Operating funds are derived from SWDD assessments and user fees. Description Account Number Amount SWDD/WIP/Cell 3 Landfill Expansion 1 411-169000-22034 $99,882.08 Recommendation: Staff recommends that its Board approve and authorize the Chairman to sign Landfill Amendment No. 3 to Work Order No. 1 authorizing Geosyntec to provide engineering services for a not -to -exceed fee of $99,882.08. Attachment: Geosyntec Landfill Amendment No. 3 to Work Order No. 1 9c8eb913-09ab-4f42-8e8e-bb2e49c62b98 6_"e 2 of 2 2023015 — Continuing Consulting Engineering Services AMENDMENT TO WORK ORDER FOR Phase 2 - Segment 3, Cell 3 Liner Construction (Project Name) This Amendment 3 to Work Order Number t is entered into as of ,pursuant to that certain Continuing Contract Agreement, dated May 2, 2023, ("Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec Consultants, Inc. ("Consultant"). i. The COUN'T'Y has selected the Consultant to perform the professional services set forth in existing Work Order Number 1 , with an Effective Date of 4 April 2023 2. The COUNTY and the Consultant desire to amend this Work Order as set forth on Exhibit A (Modification to Scope of Work), attached to this Amendment and made part hereof by this reference. The professional services will be performed by the Consultant within the timeframe set forth in the Work Order, or as amended in Exhibit A, all in accordance with the terms and provisions set forth in the Agreement. 3. From and after the Effective Date of this Amendment, the above -referenced Work Order is modified as set forth in this Amendment. Pursuant to paragraph 1.4 of the Agreement, nothing contained in any Work Order shall conflict with the terms of the Agreement and the terms of the Agreement shall be deemed to be incorporated in each individual Work Order as if fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date first written above. CONSULTANT: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: Print Name: Title: By: Joseph E. Flescher, Chairman BCC Approved Date: Attest: Ryan L. Butler, Clerk of Court and Comptroller By: Deputy Clerk Approved: John A. Titkanich, Jr., County Administrator Approved as to form and legal sufficiency: Scope, thresholds and amendment number confirmed by: Christopher Hicks, Asst County Attorney Purchasing 635 EXHIBIT A PROFESSIONAL SERVICES 636 Geosynteccl consultants Mr. Himanshu Mehta, P.E. Managing Director Solid Waste Disposal District Indian River County 1325 74th Avenue SW Vero Beach, Florida 32968 1200 Riverplace Blvd., Suite 710 Jacksonville, Florida 32207 PH 904.858.1818 www.geosyntec.com 18 November 2024 Subject: Amendment 3 - Engineering and Construction Support Services Project Phase 2 - Construction Cell 3 Liner Construction Indian River County Class I Landfill Vero Beach, Indian River County, Florida Geosyntec Project No. FL9363B Dear Mr. Mehta: Geosyntec Consultants, Inc. (Geosyntec) is pleased to submit this proposal to the Indian River County (IRC) Solid Waste Disposal District (SWDD) to provide additional engineering design and construction support services related to the Phase 2 - Cell 3 liner construction of the Class I Landfill (hereafter referred to as the Project) at the IRC Landfill (IRCL) facility located in Vero Beach, Florida. The additional engineering and construction support services are required to complete the construction of the Cell 3 liner and leachate control systems and includes construction management (CM) and quality assurance/quality control (QA/QC) services. This proposal presents the scope of work, schedule, and budget estimate for the additional services related to Phase 2 — Segment 3 Cell 3 liner construction activities and was prepared in response to a request from Mr. Himanshu Mehta, P.E., Managing Director of SWDD following discussions between him and Mr. Ron T. Jones, BCEE, Assistant Managing Director of SWDD and Dr. Timothy Copeland, P.E of Geosyntec due to the impact of Hurricanes Helene and Milton in October 2024. Geosyntec has prepared this proposal (professional services) as Exhibit A of Amendment 3 to Work Order No. 1, pursuant to that certain Continuing Contract Agreement for Professional Services, dated 4 April 2023 (collectively referred to as the "Agreement"), by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida ("COUNTY") and Geosyntec ("Consultant"). The remainder of this proposal is organized to present: (i) project background; (ii) proposed scope of work; (iii) and budget estimate. FL936313-01/Segment 3 Cell 3 Liner Construction Amendment 3 engineers I scientists I innovators 637 Mr. Himanshu Mehta, P.E. 18 November 2024 Page 2 PROJECT BACKGROUND The IRCL facility is located in southern Indian River County, east of Interstate 95, south of Oslo Road, and west of Rangeline Road in Vero Beach, Florida. The SWDD administers the management and operation of the Class I landfill at the IRCL facility. The Class I Landfill includes the closed Segment l/Infill/Segment 2 vertical expansion, and active Segment 3 lateral expansion (Segment 3). The total footprint area of Segment 3 is 76 acres and consists of eight cells that are being constructed in phases as needed. Segment 3, Cell 1, directly east of and on top of the east slope of Segment 2, was constructed in 2013. Segment 3, Cell 2 was constructed in 2020. Republic Services of Florida LP (Republic), the operator of the Class I Landfill, has estimated that filling of Cell 2 will be nearly complete by the end of Calendar Year (CY) 2024 and has therefore recommended that SWDD considers construction of Cell 3 during CY 2023- 2024. Phase 1 construction of Cell 3 of the Segment 3 Expansion started in July 2023 and was completed in February 2024. This phase involved placement and compaction of fill material to bring the grades to the bottom of the liner system. Phase 2 construction of Cell 3 of the Segment 3 Expansion includes the installation of the liner and leachate control systems and is currently under construction. On 20 February 2024 SWDD authorized Amendment 1 to Work Order 1 to Geosyntec to provide engineering and construction support services related to Phase 2 Liner Construction activities for Cell 3. The scope of services includes construction management (CM, quality assurance/quality control (QA/QC) services, resident engineering and preparation of construction completion certification report for submittal to FDEP. Geosyntec had previously completed the construction documents and assisted SWDD through the procurement process to select Comanco Environmental Corporation (COMANCO) as the contractor for the liner construction activities. COMANCO was issued the notice to proceed (NTP) on 1 April 2024 and with an initial estimated substantial completion by 31 July 2024. Due to construction delays an updated substantial completion date of 11 October 2024 was identified and the additional work was addressed in Amendment 2. However, due to the impact of Hurricanes Helene and Milton additional delays have resulted due to down time during the storm. COMANCO has now estimated substantial completion by 25 November 2024 with additional works (sodding, access ramp construction, Change Orders 6, 7, & 8, etc.) to persist till approximately 30 November 2024. This proposal addresses the additional engineering design and construction support services required to complete Phase 2 of the Project, including additional engineering design services requested by SWDD, additional construction support services including additional CM, onsite QA/QC support, and survey certification support required to substantially complete construction by the contractor. FL9363B-01/Segment 3 Cell 3 Liner Constnu:tion Amendment 3 engineers I scientists I innovators 638 Mr. Himanshu Mehta, P.E. 18 November 2024 Page 3 PROPOSED SCOPE OF WORK The additional scope of work is divided into the following three phases: • Phase 1— General Consulting/Meeting Support/Project Management; • Phase 3 — QA/QC Services; • Phase 4 — Construction Management; Phase 1— General Consulting/Meeting Support/Project Management Under this phase, Geosyntec will perform project management responsibilities, such as correspondence with SWDD and FDEP, review of subcontractors' invoices, project coordination, and administration including monthly invoicing throughout the extended project schedule. Phase 3 — QA/QC Services This phase includes the additional labor and expenses for the QA/QC services to substantially complete construction (which is estimated to be by 09 November 2024) based on the delay caused by . Geosyntec's QA/QC personnel have been on site since 16 April 2024 by monitoring other construction activities under Change Orders 1 & 3. As previously indicated actual liner construction work started on 26 June 2024 and completion of all Cell 3 work is estimated to be on 30 November 2024. Therefore, an additional 2 months of QA/QC services is projected to complete this Project based on the contractor's current schedule estimation. As part of this phase, additional conformance testing is required by the subcontracted Excel to perform tests on the replacement protective cover material. A unit rate of $975 to test each additional sample was applied, with an assumed number of 2 samples required. Phase 4 — Construction Management The originally approved Work Order and Amendment 2 assumed CM support services for a 7 - month construction duration. As of 11 October 2024, the projected project schedule surpassed the seven (7) month projection. The additional support projected to finish this Project will include an additional two (2) months of contracting services based on the contractors' current schedule estimation. Therefore, Geosyntec will provide CM support services for an additional two (2) months. This includes preparation and participation in weekly construction progress meetings, preparation meeting minutes, and review of contractor's submittals including payment application requests and time and material billing reports. FL9363B-01/Segment 3 Cell 3 Liner Construction Amendment 3 engineers I scientists I innovators 639 Mr. Himanshu Mehta, P.E. 18 November 2024 Page 4 BUDGET ESTIMATE A budget estimate for the scope of work outlined in Phases 1, 3, & 4 of this proposal is summarized in the following table. A detailed budget estimate is provided as Attachment A. • Phase 1 — General Consulting/Meeting Support/Project Management $4,341.72 • Phase 3 — QA/QC Services $82,516.12 • Phase 4 — Construction Management $13,024.24 TOTAL $99,882.08 Geosyntec will not exceed the cost estimate without prior approval and written authorization from SWDD. CLOSURE Geosyntec appreciates this opportunity to offer our services. If this proposal is acceptable, please indicate your agreement by signing the attached work authorization, which references this proposal. Please return one signed work authorization to Dr. Timothy R Copeland's attention. Please call the undersigned with questions you may have as you review this proposal. Sincerely, Timothy Copeland, Ph.D., P.E. Project Engineer Todd D. Anderson, P.E. Principal Attachments Attachment A: Detailed Budget Estimate FL9363B-01/Segment 3 Cell 3 Liner Construction Amendment 3 engineers I scientists I innovators 640 ATTACHMENT A DETAILED BUDGET ESTIMATE 641 Table 1 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION AMENDMENT #3 CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 1: GENERAL CONSULTING/MEETING SUPPORT/PROJECT MANAGEMENT ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $294.00 0 $0.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 16 $3,584.00 e. Professional Hr $198.00 0 $0.00 f. Senior Staff Professional Hr $178.00 0 $0.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $3,584.00 B. Technical/Administrative Services a. Site Manager/Construction Manager Hr $142.00 0 $0.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 0 $0.00 e. Designer Hr $160.00 0 $0.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 4 $340.00 h. Clerical Hr $65.00 0 $0.00 Subtotal Technical/Administrative Services $340.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1.12 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 0 $0.00 b. Per Diem Da $55.00 0 $0.00 c. Communications Fee 3% Labor $0.03 $3,924 $117.72 d. CADD Computer System Hr $15.00 0 $0.00 e. Vehicle Rental & Fuel Da $150.00 2 $300.00 f. 8"x11" Photocopies Each $0.09 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reirnbursablesl $417.72 TOTAL ESTIMATED BUI M, S4.341.72 642 Table 2 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION AMENDMENT #3 CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 3: QA/QC SERVICES ITEM I BASISI RATE I QUANTITY I ESTIMATCOST ED A. Professional Services Senior Engineering Technician Hr $99.00 0 a. Senior Principal Hr $294.00 4 $1,176.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 16 $3,584.00 e. Professional Hr $198.00 8 $1,584.00 f. Senior Staff Professional Hr $178.00 0 $0.00 g. Staff Professional Hr $154.00 0 $0.00 $0.00 Subtotal Professional Services $6,344.00 B. Technical/Administrative Services a. Site Manager/Construction Manager Hr $142.00 360 $51,120.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 6 $1,140.00 e. Designer Hr $160.00 0 $0.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 0 $0.00 h. Clerical Hr $65.00 0 $0.00 Subtotal Technical/Administrative Services $52,260.00 C. Indirect Expenses a. Subcontractor Services - Peavey Each $0.00 1.12 $0.00 a. Subcontractor Services - Excel Each $1,950.00 1.12 $2,184.00 a. Subcontractor Services - TRI Each $0.00 1.12 $0.00 Subcontractor Services $2,184.00 10. Direct Expenses a. Lodging Da $150.00 56 $8,400.00 b. Per Diem Da $55.00 56 $3,080.00 c. Communications Fee 3% Labor $0.03 $58,604 $1,758.12 d. CADD Computer System Hr $15.00 6 $90.00 e. Vehicle Rental & Fuel Da $150.00 56 $8,400.00 f. 8"x11" Photocopies Each $0.09 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $21,728.12 TOTAL ESTIMATED BUDGET: PHASE 3 $82,516.12 643 Table 3 BUDGET ESTIMATE PHASE 2 - LINER INSTALLATION FOR CELL 3 CONSTRUCTION AMENDMENT #3 CLASS I LANDFILL - SEGMENT 3 EXPANSION INDIAN RIVER COUNTY, FLORIDA PHASE 4: CONSTRUCTION MANAGEMENT ITEM BASIS RATE QUANTITY ESTIMATED COST A. Professional Services a. Senior Principal Hr $294.00 2 $588.00 b. Principal Hr $274.00 0 $0.00 c. Senior Professional Hr $254.00 0 $0.00 d. Project Professional Hr $224.00 30 $6,720.00 e. Professional Hr $198.00 15 $2,970.00 f. Senior Staff Professional Hr $178.00 0 $0.00 g. Staff Professional Hr $154.00 0 $0.00 Subtotal Professional Services $10,278.00 B. Technical/Administrative Services a. Site Manage r/Constru ction Manager Hr $142.00 0 $0.00 b. Senior Engineering Technician Hr $99.00 0 $0.00 c. Engineering Technician Hr $83.00 0 $0.00 d. Senior Designer Hr $190.00 4 $760.00 e. Designer Hr $160.00 0 $0.00 f. Senior Drafter/Senior CADD Operator Hr $145.00 0 $0.00 g. Project Administrator Hr $85.00 2 $170.00 h. Clerical Hr $65.00 0 $0.00 Subtotal Technical/Administrative Services $930.00 C. Indirect Expenses a. Subcontractor Services Each $0.00 1 1.12 $0.00 Subcontractor Services $0.00 D. Direct Expenses a. Lodging Da $150.00 4 $600.00 b. Per Diem Da $55.00 4 $220.00 c. Communications Fee 3% Labor $0.03 $11,208 $336.24 d. CADD Computer System Hr $15.00 4 $60.00 e. Vehicle Rental & Fuel Da $150.00 4 $600.00 f. 8"x11" Photocopies Each $0.09 0 $0.00 g. CADD Drawings Each $3.00 0 $0.00 Subtotal Reimbursables $1,816.24 TOTAL ESTIMATED BUDGET: PHASE 4 $112L4.24J. 644 SWDD Item Indian River County, Florida Solid Waste Disposal District Board Memorandum Date: November 15, 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: Request for General Fund funds for PACE EH and Other Community Cleanup Projects Descriptions and Conditions: The Solid Waste Disposal District (SWDD) has in the past used the General Fund to cover the disposal cost for fees associated with community projects including the Florida Department of Health in Indian River County Environmental Health section's PACE EH (Protocol for Assessing Community Excellence in Environmental Health) program. The PACE EH project focuses on identifying issues in a community, one of which is abandoned homes. These abandoned homes pose safety and health hazards and provide safe havens for drug dealers. It has been determined that there are several homes that need to be demolished to affect the well-being of the community. Other community projects include removing illegal public dumping and non- profit organization clean-up projects that involve volunteers throughout our community. Previously, the Board approved an allocation of $6,000 from the General Fund which was utilized for disposal of approximately 315.85 tons or 631,700 pounds in the amount of $2,096.36. The PACE EH/charity projects utilized $1,139.33 last year, and $957.03 was used for other cleanup/illegal dumping projects with the remaining unused funding of $3,903.64. SWDD has received the attached request from Julianne R. Price, Environmental Administrator at the Health Department, for an allocation of $6,000 for Fiscal Year (FY) 2024/2025. Based on last year's usage, staff recommends a total of $6,000 in funding to cover the pledge of $2,000 per year to the Indian River Farms Water Control District and for other cleanup/illegal dumping projects. Discussion: Each project will have labor and machinery donated toward this effort. It is the request of the partners involved in each project that the Board of County Commissioners (BCC) allocates funds 645 SWDD Item to cover associated landfill fees. This will include disposal of debris from the demolition and reconstruction of homes involved in the PACE EH project, and illegal public dumping debris that is cleaned up by County/SWDD staff or by volunteers organized by non-profit organizations. The total estimated landfill fees are not expected to exceed $6,000.00 for all projects involved in clean-up efforts. Funding: The funding to cover landfill disposal fees for cleanup events and illegal dumping debris will be made available via budget amendment to the General Fund/Planning/Other Professional Services account, number 00120415-033190. Description Fund Amount General Fund - Planning Other Professional Services 00120415-033190 $6,000 Recommendation: Staff recommends the Board of County Commissioners authorize up to $6,000.00 to be donated to various PACE EH/illegal dumping projects from the General Fund Reserve for Contingencies for the sole purpose of paying associated landfill fees. Attachment: Letter from the Florida Department of Health in Indian River County Ron DeSantis Mission: Governor To protect, promote & improve the health of all people in Florida through integrated state, county & community efforts. Joseph A. Ladapo, MD, PhD HEALTH State Surgeon General Vision: To be the Healthiest State in the Nation September 30, 2024 Indian River County Solid Waste Disposal District 132574 th Avenue SW Vero Beach, FL 32968 RE: Landfill Fee Allocation Dear Himanshu: Since April 2009, Florida Department of Health in Indian River County's Environmental Health section has been implementing the Protocol for Assessing Community Excellence in Environmental Health (PACE EH) in the Gifford, Fellsmere and Wabasso communities. One of the top issues that has been identified by the residents and the health department is abandoned homes. These abandoned homes are safety and health hazards and provide havens for drug dealers and other criminal activities. In addition to PACE EH, Environmental Health responds to complaints associated with abandoned and derelict homes and structures throughout the county. Environmental Health staff also respond to illegal dumping complaints when there is a creation of a sanitary nuisance. This type of complaint response has increased with the current economic climate, aftermath tropical storms and continued mosquito concerns in the community. In prior years, the Commission allocated $6,000 to assist with landfill fees while labor and equipment were donated by private contractors to assist the very low-income property owners with demolishing the hazardous structures. It has been determined that there are other abandoned structures and illegal dumping sites that need to be demolished and cleaned up to improve the well-being of the community. It is the request of the partners involved that the County Commission allocate funds to cover associated landfill fees. The total associated landfill fees are not expected to exceed $6,000. Florida Department of Health in Indian River County 1900 2711 Street, Vero Beach, FL 32960 PHONE: 7721794-7400 WEBSITE: hftp://indianriver.floridahealth.gov FloridaHealth.gov Sincerely, Julianne R. Price, R.S. Environmental Administrator AccreditedHealth Department Public Hea*Accreditation Board 647 648