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HomeMy WebLinkAbout04/21/2026Indian River County Website County Commissioners Deryl Loar, District 4, Chairman John A. Titkanich, Jr., County Administralior Laura Moss, District 5, Vice Chairman Jennifer W: Shuler, County Attorney g Susan Adams, District 1 ..Ryan L. Butler, Clerk of the Circuit Courtand Joseph Flescher, District Z Comptroller r Joseph H. Earman, District 3 1. Call to Order 2. A Moment of Silent Reflection for First Responders and Members. of the Armed Forces Followed by the Invocation f. Invocation delivered by Commissioner Susan' Adams r. 3. Pledge of Allegiance County Administrator, John Titkamch 4. Additions / Deletions to the Agenda / Emergency Items 5. Proclamations and Presentations S.A. Presentation of Proclamation Designating April 22, 2026 as Administrative Professionals Day S.B. Presentation of Proclamation Designating April 2026 as Water Conservation Month S.C. Presentation of Proclamation Recognizing April as Child Abuse Prevention Month S.D. Presentation of Proclamation Designating April 22, 2026, as Earth Day in Indian River County S.E. Presentation of Proclamation Honoring The Moonshot Community S.F. Presentation from Public Works to the Board 6. Approval of Minutes 6.A. Regular Meeting Minutes of March 10, 2026 6.B. Regular Meeting Minutes of March 24, 2026 Page 1 of 439 7. Information Items From Staff or Commissioners Not Requiring Board Action 8. Public Comment: Agenda -Related Matters (Except for Public Hearings) 9. Consent Agenda 9.A. FL Department of Children & Families Rip Current Simulator Grant 9.B. Self Insurance Funds and Property & Casualty Insurance Program 9.C. Sandridge Golf Course Group Policy Fee Increase 9.D. FL[DS] Year 3 Grant Agreement 9.E. Approval of Florida Department of Environmental Projection Grant Agreement LG011 for Orchid Island Estates Septic -to -Sewer Project and LGO10 for Hobart Landing Septic -to -Sewer Project, IRCDUS Project IDs 41.24.507 and 21.24.508 9.F. Concession Agreement between Florida Fish and Wildlife Conservation Commission and Indian River County Board of County Commissioners for the Indian River County Public Shooting Range 9.G. Fire. Station 7 (IRC -1911) — Change Order No. 1, Final Pay Application/Release of Retainage – Project Closeout 9.11. Approval of the Budget to Procure Materials and Construct Lift Station Upgrades for Lift Stations 1227 and 1180, IRC Project IDs 21.26.514 and 21.26.516 9.I. Pump Out Vessel Program Donations from the Indian River Land Trust and the Clean Water Coalition 9.J. License Agreement for Resident Deputy at Donald MacDonald Campground 9.K. Award of RFQ 2025043 to Amici Engineering Contractors LLC for Progressive Design Build Services for Hobart Landing Septic -to -Sewer Project, IRCDUS Project ID 21.24.508 9.L. Approval of Renewal for a Class "B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard, Inc. to Provide Interfacility Ambulance Transportation Services 10. Constitutional Officers and Governmental Agencies 11. Public Items 11.A. Public Hearings i. TLC VBCS, LLC's Request for Special Exception Use and Site Plan Approval Construct and Operate a Private K-12 School [SP -SE -25-03-10 & SP -MA -25- 05-19 / 2024040030-97468 & 97677] (Quasi -Judicial) 11.B. Public Notice Items 12. County Administrator Matters Page 2 of 439 12.A. Ratification of Proposed Battalion Chief Collective Bargaining Agreement between Indian River County Emergency Services District and the Indian River County Firefighters/Paramedics Association 1AFF, Local 2201, Effective October 1, 2025,. through September 30, 2027 13. Departmental Matters 13.A. Building and Facilities Services 13.B. Community Services 13.C. Emergency Services 13.D. Human Resources 13.E. Information Technology 13.F. Natural Resources 13.G. Office of Management and Budget 13.H. Parks, Recreation, and Conservation 13.I. Planning and Development Services 13.1 Public Works 13.K. Sandridge Golf Club 13.L. Utilities Services 14. County Attorney Matters 15. Commissioners Matters 15.A. Commissioner Deryl Loar, Chairman 15.B. Commissioner Laura Moss, Vice Chairman 15.C. Commissioner Susan Adams. 15.D. Commissioner Joseph E. Flescher. 15.E. Commissioner Joseph H. Earman 16. Special Districts and Board's 16.A. Emergency Services District 16.B. Solid Waste Disposal District i. Request for Approval of Interlocal Agreement with St. Lucie County for Recyclables Processing and Approval of Alternative: Options 16.C. Environmental Control Board Page 3 of 439 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. 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 the County website under IRCTV and the Cablecast Streaming App, available for download on iOS App Store, Google Play Store, ROKU, Fire TV, and Apple TV. 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. Page 4 of 439 �V ER BOG Indian River County o Indian River Administration Complex 1801 2 z County, Florida Vero Beach, 7th Street Bea, Florida 32960 * * Indian River County Website '`�oRtve► Memorandum File ID: Type: Meeting Date: 2026-597 Proclamations and April 21, 2026 Presentations To: Board of County Commissioners Through: COmmission Office From: Date: 04/08/2026 Subject: Presentation of Proclamation Designating April 22, 2026 as Administrative Professionals Day Background: Analysis: Budgetary Impact: Previous Board Actions: Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Recommend read and present. Page 5 of 439 Attachments: 04.21.26 Administrative Professionals' Day Page 6 of 439 Proclamation DESIGNATING APRIL 22, 2026 AS ADMINISTRATIVE PROFESSIONALS DAY Whereas, in the United States, Administrative Professionals Day is observed on Wednesday, April 22, 2026; and -Whereas, Administrative Professionals serve as trusted partners to leadership, enhancing productivity, supporting decision-making, and contributing to the overall success of an organization; and -Whereas, Administrative Professionals provide essential support through coordinating complex schedules, preparing materials and communications, serving as a liaison between government and the public, and managing the many daily functions that keep offices operating efficiently; and 'Whereas, through their exceptional organizational skills, adaptability, and attention to detail, administrative professionals help ensure the continuity and effectiveness of County operations; and -Whereas, Indian River County recognizes its Administrative Professionals as a vital part of County government, and acknowledges the professionalism, dedication, and expertise they bring in service to our residents each day. Notiv, therefore, 6e it Proclaimed 6y the Board of County Commissioners of Indian River County, Florida, that we recognize April 22, 2026 as Administrative Professionals Day, and encourage all residents to express their appreciation for the invaluable contributions of Administrative Professionals. Adopted this 21s' day of April, 2026. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Deryl Loar, Chairman Laura Moss, Vice Chairman Susan Adams Joseph E. Flescher Joseph H. Earman Page 7 of 439 VER c Indian River County Indian River 4 Administration Complex County, Florida1801 27th Street Vero Beach, Florida 32960 * * Indian River County Website Memorandum File ID: Type: Meeting Date: 2026-598 Proclamations and April 21, 2026 Presentations To: Board of County Commissioners Through: Commission Office From: Yaima Cardenas, Commissioner's Assistant Date: 04/08/2026 Subject: Presentation of Proclamation Designating April 2026 as Water Conservation Month Background: Analysis: Budgetary Impact: Previous Board Actions: Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Recommend read and present. Page 8 of 439 Attachments: Water Conservation Month Page 9 of 439 ProcCamatt'o'on DESIGNATING APRIL 2026 AS WATER CONSERVATION MONTH ^Whereas, water is a basic and essential need of every living creature; and ^W ereas, the State of Florida, Water Management Districts, and Indian River County are working together to increase awareness about the importance of water conservation through various educational programs, community events, and improvements to stormwater and wastewater treatment; and -Whereas, the State of Florida has designated April, typically a dry month when water demands are most acute, as Florida's Water Conservation Month, to educate citizens about how they can help save Florida's precious water resources; and -Whereas, all water users, including commercial, industrial, agricultural, institutional, hospitality, private citizens, and others, can make positive contributions to reduce water use and protect our water resources; and -Whereas, the majority of Florida's drinking water is supplied by underground aquifers, and our quality of life and economy depend upon a clean and healthy environment; and -Whereas, Indian River County has an ordinance that restricts lawn irrigation to certain days and specifies that irrigation shall not occur between 10:00 AM and 4:00 PM; and -Whereas, Indian River County is calling upon each individual and business to help protect our precious resources by practicing water -saving measures and becoming more aware of the need to save water. Naw, therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, ,Florida, that April 2026 be designated as WATER CONSERVATION MONTH in Indian River County, and all citizens are encouraged to use this occasion to increase their awareness of the importance of water conservation and the need to use water more efficiently. Adopted this 21St day of April 2026. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Deryl Loar, Chairman Laura Moss, Vice Chairman Susan Adams Joseph E. Flescher Joseph H. Earman Page 10 of 439 File ID: 2026-444 Indian River County, Florida Memorandum Type: Proclamations and Presentations Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 To: Board of County Commissioners Through: Commission Office From: Yaima Cardenas, Commissioner's Assistant Date: 03/10/2026 Subject: Presentation of Proclamation. Recognizing April as Child Abuse Prevention Month Background: Analysis: Budgetary Impact: Previous Board Actions: Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Recommend read and present. Attachments: Proclamation Child Abuse Prevention Page 12 of 439 Proclamation Recognizing April as Child Abuse Prevention Month -Whereas, children are vital to our future success, and every child has the right to grow up safe, healthy, happy, and free from abuse; and -Whereas, all children deserve to receive love, nurturing, and care, and to live in communities that foster their healthy growth and development; and ^Whereas, child abuse, neglect, and abandonment are matters of community responsibility that affect both the present and future quality of life in any community; and -Whereas, the Youth Guidance CAP Center of Indian River County strengthens families through programs such as the Parent Aide Program, which supports parents and empowers them to become champions for their children's success; and -Whereas, Youth Guidance provides life -changing programs for children and young adults (ages 6-24), equipping local youth with the skills, mentorship, and opportunities needed to break the cycle of poverty. Wow, therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Florida, that in recognition of Child Abuse Prevention Month, we honor the unwavering commitment of those dedicated to protecting children and providing safe, supportive environments for youth throughout the Treasure Coast. Adopted this 21St day of April 2026. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Deryl Loar, Chairman Laura Moss, Vice Chairman Susan Adams Joseph E. Flescher Joseph H. Earman Page 13 of 439 Indian River Indian River County Administration Complex County, Florida h Street 18012'tlorida32 Vero Beach, Florida 3_960 Indian River County Website L Memorandum File ID: Types Meeting Date: 2026-593 Proclamations and April 21, 2026 Presentations To: Board of County Commissioners Through: Commission Office From: Yaima Cardenas, Commissioner's Assistant Date: 04/08/2026 Subject: Presentation of Proclamation Designating April 22, 2026, as Earth Day in Indian River County Background: Analysis: Budgetary Impact: Previous Board Actions: Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Recommend read and present. Page 14 of 439 Attachments: Earth Day Proclamation Page 15 of 439 Pro clamation DESIGNATING APRIL 22, 2026 AS EARTH DAY IN INDIAN RIVER COUNTY -Whereas, Earth Day is an annual movement on April 2211 to demonstrate support for environmental protection. First held on April 22, 1970, it now includes a wide range of events coordinated globally to include an estimated 1 billion people in more than 193 countries in environmental and sustainable activities; and -Whereas, the global community faces challenges such as health issues, pollution, food and water insecurities, climate changes, and economic uncertainties; and -Whereas, all people regardless of race, gender, age, income, or location have the right to a healthy environment and economic opportunities and growth; and -Whereas, we are all caretakers of our planet and have an obligation to combat climate change and environmental degradation to preserve the Earth's beauty and resources; and -Whereas, it is necessary to broaden and diversify both global and local movements to achieve maximum awareness and progress; and -Whereas, this year marks the 56th Anniversary of the Earth Day movement, so let it be known that Indian River County, Florida encourages all businesses, institutions, associations, and individuals to celebrate the Earth and commit to caring for the planet and the natural resources it provides. Now, Therefore, be it Proclaimed dy the Board of County Commissioners of Indian River County, Florida, that we recognize April 22nd, 2026 as "EARTH DAY" to support local sustainable circular economy initiatives within Indian River County and encourage others to undertake similar actions. Adopted this 211t day of April, 2026. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA Deryl Loar, Chairman Laura Moss, Vice Chairman Susan Adams Joseph E. Flescher Joseph H. Earman Page 16 of 439 � ORNi File ID: 2026-536 To: Through: From: Date: Subject: Background: Analysis: Budgetary Impact: Indian River 1)04)- County, Florida Memorandum Type: Proclamations and Presentations Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 Board of County Commissioners Commission Office Yaima Cardenas, Commissioner's Assistant 03/23/2026 Presentation of Proclamation Honoring The Moonshot Community Previous Board Actions: Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Recommend read & present. Attachments: Page 17 of 439 Proclamtion Moonshot Community Page 18 of 439 ProcCamatt'o'on HONORING THE MOONSHOT COMMUNITY `Whereas, reading proficiency is essential to educational achievement, workforce readiness, and lifelong opportunity; and "Whereas, Indian River County is committed to our Moonshot goal of ensuring children are ready for kindergarten and reading on grade level by the end of third grade; and -Whereas, the School District of Indian River County has made measurable progress and is now tied for second in the State of Florida for third grade reading achievement; and -Whereas, our community recognizes that strong early language development is a critical predictor of kindergarten readiness and future reading success; and 'Whereas, a thriving community strengthens language and literacy development across homes, early learning settings, schools, and community spaces; and Whereas, early screening and assessment of language and literacy skills are essential to understanding children's needs and ensuring timely support; and 'Whereas, supporting parents and caregivers through awareness, resources, and access to evidence -based programs strengthens children's early language development and long-term success, and Whereas, literacy begins before school and schools can't do it alone, because literacy is everybody's business. Wow, therefore, be it Proclaimed by the Board of County Commissioners of Indian River County, Ftorida, that we recognize the vital contributions of the Moonshot Community in Indian River County and its commitment to ensuring that all children achieve early literacy and long-term educational success. Adopted this 21 st day of April 2026. BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA Deryl Loar, Chairman Laura Moss, Vice Chairman Susan Adams Joseph E. Flescher Joseph H. Earman Page 19 of 439 %VER c °G Indian River County Indian River Administration Complex z County, Florida180127th Street Vero Beach, Florida 32960 Indian River County Website �ORt�� Memorandum File ID: Type: Meeting Date: 2026-604 Proclamations and April 21, 2026 Presentations To: Through: From: Date: Subject: Background: Analysis: Budgetary Impact: Board of County Commissioners 04/10/2026 Presentation from Public Works to the Board Previous Board Actions: Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Attachments: 57r Page 20 of 439 None Page 21 of 439 �V ER CO�Indian River County 4 y Indian River Administration Complex Z 1801 27th Street County, Florida Vero Beach, Florida 32960 * * Indian River County Website �0Rt�� Memorandum File ID: Type: Meeting Date: 2026-596 Approval of Minutes April 21, 2026 To: Board of County Commissioners Through: Clerk to the Board From: Shauna James, Recording Secretary Date: 04/08/2026 Subject: Regular Meeting Minutes of March 10, 2026 Background: Analysis: Budgetary Impact: Previous Board Actions: Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Approve Attachments: 1. 03102026BCC_Draft Page 22 of 439 Page 23 of 439 vERC,0 Indian River County, Florida Draft Meeting Minutes OR1ot' Board of County Commissioners Tuesday, March 10, 2026 1. CALL TO ORDER Deryl Loar, District 4, Chairman Laura Moss, District 5, Vice Chairman Susan Adams, District 1 Joseph Flescher, District 2 Joseph H. Earman, District 3 John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller Shauna James, Deputy Clerk 9:00 AM Present: 5 - Chairman Deryl Loar Vice Chairman Laura Moss Commissioner Susan Adams Commissioner Joseph Flescher Commissioner Joe Earman Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 indianriver.gov Commission Chambers 2.A. A MOMENT OF SILENT REFLECTION FOR FIRST RESPONDERS AND MEMBERS OF THE ARMED FORCES 2.B. INVOCATION Pastor Carl Darrisaw, Friendship Missionary Baptist Church 3. PLEDGE OF ALLEGIANCE Commissioner Laura Moss, Vice Chair 4. ADDITIONS/DELETIONS TO THE AGENDA / EMERGENCY ITEMS Moved Item 15.1).1. to Item 5.1). A motion was made by Commissioner Flescher, seconded by Vice Chairman Moss, to approve the Agenda as amended. The motion carried by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman Congressman Mike Haridopolos Congressman Mike Haridopolos thanked the Commissioners for their collaboration and reviewed ongoing federal advocacy, including $14 million secured for Indian River Lagoon restoration and updates on the Fellsmere Library funding request. He Indian River County, Florida Page 1 Page 24 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 also commented on geopolitical concerns and expressed gratitude to local law enforcement. Commissioner Adams thanked him for his support and representation. No Action Taken or Required 5. PROCLAMATIONS and PRESENTATIONS S.A. Presentation of Proclamation Recognizing the Week of March 15-21, 2026, As National Surveyors Week Recommended Action: Recommend read & present. Commissioner Flescher highlighted the vital role of surveyors. Assistant County Surveyor David Silon and Bob Johnson, President of the Florida Surveying and Mapping Society, emphasized surveyors' contributions, the profession's reliance on advanced technology, and the growing shortage of experienced surveyors, urging efforts to attract younger talent. Read and Presented by Commissioner Flescher 5.6. Designation of March 2026 as Procurement Month Recommended action: Recommend read and present. Jennifer Hyde, Procurement Manager, celebrated the remarkable dedication of staff and the department's achievement of a prestigious national award. Read and Presented by Commissioner Earman S.C. Presentation of Proclamation Celebrating the Girl Scouts Turning 114 Recommended Action: Recommend read & present. A representative from the Girl Scouts expressed her gratitude for the acknowledgment and shared updates about their initiatives to reintegrate Girl Scouts into schools. Read and Presented by Commissioner Adams S.D. Discussion of Dedicating 86th Lane In Honor of Sylvester McIntosh Recommended Action: Discussion Commissioner Flesher delivered a detailed tribute honoring Sergeant Sylvester McIntosh, a Vietnam War Veteran. Remarks were also provided by Colonel Tony Indian River County, Florida Paye 2 Page 25 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 Young, representing the veteran community. He spoke on the sacrifices of local servicemen and Sgt. McIntosh's acts of heroism. Sergeant McIntosh addressed the Board, expressing gratitude and reflecting on his service and lifelong commitment to the community. A motion was made by Commissioner Flescher, seconded by Chairman Loar, to approve the honorary dedication of 86th Lane to Sergeant Sylvester McIntosh. The motion carried by the following vote: Aye: 5- Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 6. APPROVAL OF MINUTES 6.A. Regular Meeting of January 27, 2026 Recommended Action: Approve A motion was made by Commissioner Flescher, seconded by Chairman Loar, to approve the Regular Meeting Minutes of January 27, 2026, as written. The motion carried by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 7. INFORMATION ITEMS FROM STAFF OR COMMISSIONERS NOT REQUIRING BOARD ACTION 7.A. Event Calendar March -April No Action Taken or Required 8. PUBLIC COMMENT: AGENDA -RELATED MATTERS (EXCEPT FOR PUBLIC HEARINGS) 9. CONSENT AGENDA Pulled 9.K. for discussion A motion was made by Commissioner Flescher, seconded by Commissioner Earman, to approve the Consent Agenda as amended, pulling 9.K. for discussion. The motion carried by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 9.A. Approval of Checks and Electronic Payments January 24, 2026 to January 30, 2026 Recommended Action: Approve the list of checks and electronic payments for the time period of January 24, 2026 to January 30, 2026 Approved Indian River County, Florida Page 3 Page 26 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 9.13. Approval of Checks and Electronic Payments January 31, 2026 to February 6, 2026 Recommended Action: Approve the list of checks and electronic payments for the time period of January 31, 2026 to February- 6, 2026 Approved 9.C. Approval of Checks and Electronic Payments February 7, 2026 to February 13, 2026 Recommended action: Approve the list of checks and electronic payments for the time period of February 7, 2026 to February 13, 2026 Approved 9.D. Approval of Checks and Electronic Payments February 14, 2026 to February 20, 2026 Recommended Action: Approve the list of checks and electronic payments issued for the time period of February 14, 2026 to February 20, 2026 Approved 9.E. First Extension and Amendment to Agreements for Continuing Consulting Engineering Services (RFQ 2023015) Recommended Action: Staff recommends the Board approve the first extension and amendment to the agreements with Aptim Environmental & Infrastructure, LLC, Arcadis U.S., Inc., Atkins North America, Inc., Bowman Consulting Group, Ltd., LJA Engineering, Inc., fka Carter Associates, Inc., CDM Smith, Inc., Coastal Technology Corporation, Coastal Waterways Design and Engineering LLC, Consor Engineers, LLC, Dredging & Marine Consultants, LLC, Environmental Science Associates, EXP US Services, Inc., Geosyntec Consultants, Inc., Johnson, Mirmiran & Thompson, Inc., Jones, Edmunds, Associates, Inc., Kimley-Horn and Associates, Inc., Masteller & Moler, Inc., MBV Engineering, Inc., Metric Engineering, Inc., Legence Subsidiary Holdsings, LLC, OCI Associates LLC dba CMTA, fka OCI Associates, Inc., Rummel, Klepper & Kahl, LLP, Schulke, Bittle & Stoddard, LLC, Tetra Tech, Inc. and authorize the Chairman to execute them after the County Attorney has approved it as to form and legal sufficiency. Approved staffs recommendation 9.F. Approval of Second Amendment to Agreement for Continuing Professional Environmental, Ecological, and Biological Support Services (RFQ 2023060) Indian River County, Florida Page 4 Page 27 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 Recommended action: Staff recommends the Board approve the Second Amendment to the Agreements with Ecological Associates, Inc. (fka The Transit Group, Inc.), Kimley-Horn and Associates, Inc., Applied Ecology, Inc., Environmental Science Associates, and Environmental Consulting & Technology, Inc. and authorize the Chairman to execute them after the County Attorney has approved them as to form and legal sufficiency. Approved staffs recommendation 9.G. Final Pay to Kimley-Horn and Associates for Work Order No.4 under RFQ2019070 for Supervisory Control and Data Acquisition System Upgrades Part A at Oslo Water Production Facility, IRCDUS Project ID 12.19.536 Recommended action: Staff recommend that the Indian River County Board of County Commissioners approve final payment to Kimley-Horn and Associates in the amount of $625.80 for Work Order No.4 under RFQ2019070 for Supervisory Control and Data Acquisition System Upgrades Part A at Oslo Water Production Facility. Approved staffs recommendation 9.H. Final Pay to Bowman Consulting Group Ltd. for Work Order No. 14 for Design and Construction Phase Services for the North County 24" Force Main Replacement, IRCDUS Project ID 21.23.503 Approved staffs recommendation 9.1. First Amendment to ILA Fiscal Agent Services — State Attorney Victim Service Department Recommended action: The County Attorney's Office recommends that the Indian River County Board of County Commissioners approve the First Amendment to the Interlocal Agreement Fiscal Agent Services for the State Attorney's Victim Service Department. Approved staffs recommendation 9.J. Interlocal Agreement Between the Town of Orchid and Indian River County to Provide Emergency Facilities Recommended Action: County staff recommends that the Board review and approve the Interlocal Agreement and authorize the Chair to sign. Approved staffs recommendation 9.K. Resolution Accepting Final Plat Dedications for Lost Tree Preserve PD Townhomes [PD -24-05-02 / 99040238-98162] Vice Chairman Moss discussed the Resolution to accept final plat dedications for the Indian River County, Florida Page 5 Page 28 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 Lost Tree Preserve Planned Development (PD), which involved f 453 townhome units. She expressed concerns about the project's lengthy timeline, noting that the original preliminary PD approval dated back to 2010. Vice Chairman Moss questioned how the current Board should handle projects that were approved 10 to 15 years ago, arguing that development approvals should have reasonable expiration timelines, just as financial decisions cannot bind future commissions. Commissioner Flescher clarified that the rule preventing future commissions from binding subsequent commissions applied only to financial commitments, not to development approvals that undergo public vetting, hearings, and statutory procedures. Under discussion, the Board agreed that the significant time gap between project approval and implementation was problematic and that reviewing the PD Ordinance would be appropriate. It was suggested that staff return to a future meeting to present current Statutes, the approval process, areas where the County has discretion, and areas where State Law preempts local decisions. Staff emphasized that the Resolution was legally sufficient but acknowledged the need for a broader policy discussion. There was also concern regarding recent Florida Statutory changes that shifted final plat approval authority from the Board of County Commissioners to the County Administrator, leaving the Board with only the authority to accept dedications. The Board requested that staff include clarification on these changes as well. A motion was made by Commissioner Adams, seconded by Chairman Loar, to approve staffs recommendation and Resolution 2026-013, accepting dedications from Lost Tree Preserve PD Townhomes by Plat pursuant to Florida Statute Section 177.081 . The motion carried by the following vote: Aye: 4 - Chairman Loar, Commissioner Adams, Commissioner Flescher, and Commissioner Earman Nay: 1 - Vice Chairman Moss 9.L. Consideration of the revised Indian River County Local Housing Assistance Plan for the Fiscal Years 2024-2025, 2025-2026, and 2026-2027 Recommended action: Staff and the AHAC recommend that the BCC approve the new Indian River County Local Housing Assistance Plan by adopting the attached resolution, authorizing the Chairman to sign the certification page, and authorizing staff to make any changes to the LHAP as may be required after review by the state. Approved staffs recommendation and Resolution 2026-014, approving the Local Housing Assistance Plan as required the State Housing Initiatives Partnership Program Act, Subsection 420.907-421.9079, Florida Statutes; and Rule Chapter 67-37, Florida Administration Code; authorizing and directing the Chairman to Indian River County, Florida Page 6 Page 29 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 execute any necessary documents and certifications needed by the State; authorizing the submission of the local Housing Assistance Plan for review and approval by the Florida Housing Finance Corporation; and providing for an effective date. 9.M. Lease Agreement with the Florida Department of Transportation (FDOT) for County Owned Parcel Located at 5025 41 st Street Vero Beach, Florida Recommended action: Staff recommends that the Board of County Commissioners: 1. Approve the Resolution and Lease Agreement with the Florida Department of Transportation (FDOT) for the County owned parcel located at 5025 41 st Street, Vero Beach, Florida. 2. Authorize the Chairman to execute the Resolution and Lease Agreement for the County owned parcel located at 5025 41st Street, Vero Beach, Florida. Approved staffs recommendation and Resolution 2026-015, approving pursuant to Section 125.38, Florida Statutes, a lease agreement between Indian River County (as Landlord) and the Florida Department of Transportation (as tenant) of 5025 41st Street, Vero Beach, Florida, ("Property") for an initial term of 1 year and may be extended by mutual agreement by both parties authorizing the Chairman's execution of the lease agreement. 9.N. First Extension and Amendment to Agreements for Continuing Architectural Consulting Services (RFQ 2023062) Recommended Action: Staff recommends the Board approve the first extension and amendment to the agreements with CPH Consulting, LLC, CPZ Architects, Inc., Edlund, Dritenbas, Binkley Architects & Associates, Inc., and Spiezle Architectural Group, Inc., and authorize the Chairman to execute it after the County Attorney has approved it as to form and legal sufficiency. Approved staffs recommendation 9.0. First Extension and Amendment to Agreements for Continuing Geotechnical Engineering Consulting Services (RFQ 2023061) Recommended Action: Staff recommends the Board approve the first extension and amendment to the agreements with Andersen Andre Consulting Engineers, Inc., Ardaman and Associates, Inc., GFA International, Inc., dba Universal Engineering Services, Professional Service Industries, Inc., Terracon Consultants, Inc. and Tierra South Florida, Inc, and authorize the Chairman to execute them after the County Attorney has approved it as to form and legal sufficiency. Approved staffs recommendation Indian River County, Florida Page 7 Page 30 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 9.P. Fran B. Adams Regional Park Restroom Facility — UCP 3563 Recommended action: Staff recommends approval of the Bill of Sale of Utility Facilities and requests the Board authorize the Chairman to execute same for recordation in the Public Records of Indian River County, Florida. Approved staffs recommendation 10. CONSTITUTIONAL OFFICERS and GOVERNMENTAL AGENCIES 10.A. Forfeiture Trust Fund Recommended Action: Discussion and Approval Sheriff Eric Flowers requested approval to spend $274,017 from the Law Enforcement Trust Fund for equipment and charitable donations. He clarified that no taxpayer dollars were involved. There was no further discussion on this Item. A motion was made by Vice Chairman Moss, seconded by Commissioner Flescher, to approve Sheriff Eric Flowers' request to spend $274,017 from the Law Enforcement Trust Fund for equipment and charitable donations. The motion carried by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, and Commissioner Earman 11. PUBLIC ITEMS A. PUBLIC HEARINGS PROOF OF PUBLICATION FOR THIS HEARING IS ON FILE IN THE OFFICE OF THE CLERK TO THE BOARD. 11.A.1. Consideration of Staff -Initiated Land Development Regulation (LDR) Amendments to Create Allowances and Regulations for Mobile Food Dispensing Vehicles (Food Trucks) [Legislative] Brandon Creagan, Chief of Current Development, presented amendments to the Land Development Regulations (LDR) that established allowances and standards for Mobile Food Dispensing Vehicles (food trucks). He reported that at the January 13, 2026, Board of County Commissioners (BCC) meeting, the Board had reviewed a draft Ordinance and directed staff to make several revisions before returning for final adoption. In coordination with the County Attorney's Office, additional updates were also incorporated. Indian River County, Florida Page 8 Page 31 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 Mr. Creagan explained that the revised draft added the Commercial General (CG) Zoning District to the list of permitted locations, with a requirement that CG sites be at least three (3) acres to accommodate increased vehicular activity. He noted that all hours -of -operation restrictions had been removed, and food trucks were now required to be removed from each site daily. The amendment also allowed each food truck to have one table (up to 10 feet long) and one tent (up to 10 feet by 10 feet). The Board directed staff to remove the three (3) -acre minimum, the overnight removal requirement, and the paved -surface requirement and to present the revised Ordinance at the April 7, 2026, BCC meeting. The Chairman opened the public hearing, there being no speakers, the Chairman closed the public Hearing. Postponed/Continued to the April 7, 2026, BCC Meeting. B. PUBLIC NOTICE ITEMS 11.B.1. Notice of Scheduled Public Hearing for Budget Amendment 04 for the March 24, 2026 Board Meeting Read into the record by Chairman Loar 12. COUNTY ADMINISTRATOR MATTERS 13. DEPARTMENTAL MATTERS A. Building and Facilities Services B. Community Services C. Emergency Services D. Human Resources E. Information Technology F. Natural Resources G. Office of Management and Budget H. Parks, Recreation, and Conservation I. Planning and Development Services J. Public Works Indian River County, Florida Page 9 Page 32 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 K. Sandridge Golf Club L. Utilities Services 13.L.1. Department of Utility Services Integrated Water Master Plan Q1 2026 Update to the Indian River County Board of County Commissioners, IRCDUS Project ID: 00.23.547 Recommended action: No action is required. This item will be a presentation by the Department of Utility Services staff to the Indian River County Board of County Commissioners on the current progress of the department's Integrated Water Master Plan project. Howard Richards, Manager of Capital Projects in the Department of Utility Services, provided the fourth update on the Integrated Water Master Plan (IWMP). He highlighted the ongoing challenges facing the County, including population growth, evolving regulations, aging infrastructure, funding and staffing constraints. Mr. Richards reviewed the plan's eight primary goals, which encompassed demand forecasting, infrastructure capacity planning, defining service levels, prioritizing improvements over a 20 -year horizon, stakeholder engagement, industry partnerships, funding strategy development, and workforce planning. He noted that HDR Engineering was developing the plan using the EPA's Integrated Planning Framework. The plan was structured to be delivered in eight modules, with Module 1 and key assessments of current system conditions already completed. Overall progress toward the project was approximately 75%. Mr. Richards stated that since the previous update, significant work had been accomplished, including demand and flow projections, evaluations of drinking water and wastewater treatment options, initial infrastructure evaluations, hydraulic model development, and workforce assessment activities. Public engagement efforts would continue, with a second round scheduled for late spring or early summer. He noted that of the $742,000 in approved contingency funding, about $272,000 has been authorized for various uses, including public outreach materials and hydraulic model development. A third authorization was currently in progress to support coordination with two related studies: the Sebastian Septic -to -Sewer Feasibility Study and the conversion of the North County Re -pump Station. Approximately $470,000 remained available. Chairman Loar expressed appreciation to Mr. Richards for meeting with all the Commissioners in advance and for keeping the Board informed, noting that this Indian River County, Florida Page 10 Page 33 of 439 Board of County Commissioners Draft Meeting Minutes March 10, 2026 approach greatly facilitated clarity and understanding. No Action Taken or Required 14. COUNTY ATTORNEY MATTERS 15. COMMISSIONERS MATTERS A. Commissioner Deryl Loar, Chairman B. Commissioner Laura Moss, Vice Chairman C. Commissioner Susan Adams D. Commissioner Joseph E. Flescher E. Commissioner Joseph H. Earman 16. SPECIAL DISTRICTS AND BOARDS A. Emergency Services District B. Solid Waste Disposal District C. Environmental Control Board 17. PUBLIC COMMENT: NON -AGENDA -RELATED MATTERS 18. ADJOURNMENT There being no further business, the Chairman adjourned the meeting at 11:05 A.M. Indian River County, Florida Page 11 Page 34 of 439 �ER ro G� y4 „� ORIS File ID: 2026-600 Indian River County, Florida Memorandum Type: Approval of Minutes To: Board of County Commissioners Through: Clerk to the Board From: Randi Wardlow, Recording Secretary Date: 04/08/2026 Subject: Regular Meeting Minutes of March 24, 2028 Background: Analysis: Budgetary Impact: Previous Board Actions: Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Approve Attachments: 1. 03242026 BCC Draft Indian River County Administration Complex 180127th Street Vero Beacb, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 Page 35 of 439 Page 36 of 439 Avco Indian River County, Florida G� 3 Meeting Minutes Board of County Commissioners Deryl Loar, District 4, Chairman Laura Moss, District 5, Vice Chairman Susan Adams, District 1 Joseph Flescher, District 2 Joseph H. Earman, District 3 John A. Titkanich, Jr., County Administrator Jennifer W. Shuler, County Attorney Ryan L. Butler, Clerk of the Circuit Court and Comptroller Indian River County Administration Complex 180127th street Vero Beach, Florida 32960 indianriver.gov Tuesday, March 24, 2026 9:00 AM Commission Chambers 1. Call to Order Present: 5 Chairman Deryl Loar Vice Chairman Laura Moss Commissioner Susan Adams Commissioner Joseph Flescher. Commissioner Joe Earman 2. A Moment of Silent Reflection for First Responders and Members of the Armed Forces Followed by the Invocation 3. Pledge of Allegiance 4. Additions / Deletions to the Agenda / Emergency Items 5. Proclamations and Presentations S.A. Presentation of Gifford Historical Museum and Cultural Center by Richard Bialosky Johnny May Perry, Executive Director of the Gifford Cultural Center and Museum, presented the latest plans for the Museum alongside Architect Richard Bialosky. The presentation. included a video showcasing renderings of the proposed Museum and campus, which were designed to commemorate Black history in Indian River County. Commissioners expressed strong support for the initiative and acknowledged its cultural significance. t Read and Presented S.B. Presentation of Proclamation Honoring Jackie Robinson and Celebrating the 2026 Jackie Robinson Celebration Game f Commissioner Earman presented a proclamation honoring Jackie Robinson and expressing support for the return of the Jackie Robinson Celebration Game on. April 15, 2026. Remarks were made by United Way CEO Meredith Egan and representatives from the Jackie Robinson. Training Page 37 of 439 Complex regarding the legacy of Jackie Robinson and Major League Baseball. Read and Presented 6. Approval of Minutes 7. Information Items From Staff or Commissioners Not Requiring Board Action 7.A. Distinguished Budget Presentation Award for Fiscal Year 2025/2026 Office of Management and Budget Director Kristin Daniels announced thai her department had received the Government Finance Officers Association (GFOA) Distinguished Budget Presentation Award for the 35th consecutive year. The contributions of staff members were acknowledged in this achievement. No Action Taken or Required 8. Public Comment: Agenda -Related Matters (Except for Public Hearings) 9. Consent Agenda A motion was made by Commissioner. Flescher, seconded. by Commissioner. Earman, to approve the Consent Agenda as presented. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chair Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 - None 9.A. Final Disposition of Temporary Fire Station 7 Approved staff's recommendation %13. Florida Department of Transportation (FDOT) Amendment No. 1 to Locally Funded .Agreement (LFA) for CR510/85th Street to 58th Avenue FM Nos. 405606-3-42-02,405606-3-43-02 and 405606-3-45-02 (IRC -2504) Approved staff's recommendation and Resolution 2026-016 I 9.C. Approval of Renewal for a Class "A" Certificate of Public convenience and -Necessity for Indian River Shores Public Safety Department to Provide BLS/ALS Emergency Medical Services Approved staff's recommendation s a 9.D. Amendment 2 to Work Order 3 for South Prong Slough Design & Engineering Services Approved staff's recommendation j 9.E. Designation of Excess Equipment as Surplus, Authorization for Disposal, and Approval of Donation Approved staffs recommendation Page 38 of 439 9.F. Short Term Lease of Property for Animal Control/ Emergency Services Approved staffs recommendation 9.G. Resolution of Support for 28th Court and 49th Street Sidewalk Project i Approved staffs recommendation and Resolution 2026-017 9.11. Consideration of the 2026 Title VI Program Update for Public Transportation s Approved staffs recommendation and Resolution 2026-018 9.I. Reclaimed Water Agreement Between Indian River county and The Windsor Club Inc. Approved staffs recommendation 9.J. Florida Gulf Coast University Water Quality Survey Participation Agreement Approved staffs recommendation 9.K. Addendum to Agreement between Indian River County, and The Rotary Club of Vero Beach Sunrise Foundation, Inc. for Shed Use to Store Side by Side Approved staff's recommendation 9.L. Resolution of the Board of County Commissioners Authorizing Funding for a Florida Inland Navigation District Waterways Assistance Program Grant for Gifford Dock Park & Conservation Area Approved staffs recommendation and Resolution 2026-019 10. Constitutional Officers and Governmental Agencies 10.A. Petition Verification & Election Fees Supervisor of Elections Leslie Swan requested the allocation of revenue received from petition verification fees and the conduct of the February 23, 2026, Town of Orchid Special Election to be returned to the Supervisor of Elections FY 2025-2026 Budget. A motion was made by Commissioner Flescher,: seconded by Vice Chairman Moss,. to approve the Supervisor of Flections' request. The motion passed by the following vote: 7 Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 - None 10.B. Add an additional polling place and move one existing polling place Supervisor of Elections Leslie Swan requested the addition of a new polling location at the Richardson Center on the Mueller Campus of Indian River State College for Precinct #35. Additionally, Ms. Swan proposed relocating the polling location for Precinct.#25 from the Vero Page 39 of 439 Beach Moose Lodge #1822 to Room 112 of the Intergenerational Recreation Center. A motion was made by Commissioner Joseph Flescher, seconded by Vice Chairman Moss, to approve the Supervisor of Elections' requests. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 - None 11. Public Items 11.A. Public Hearings 11.A.i. Miscellaneous Budget Amendment 04 Office of Management and Budget Director Kristin Daniels requested approval for amendments to the County's Budget for Fiscal Year 2025-2026. She noted that Florida Statutes required cash amendments to be approved through a public hearing. The Chairman opened the public hearing. There being no comments, the Chairman closed the public hearing. A motion was made by Commissioner Susan Adams, seconded by Vice Chairman Moss, to approve staff s recommendation and Resolution 2026-020. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 - None 11.13. Public Notice Items 12. County Administrator Matters 13. Departmental Matters 13.A. Building and Facilities Services 13.13. Community Services 13.13.1. Children Services Advisory Committee Return On Investment Human and Children Services Administrator Megan Kendrick provided an update on the Return on Investment (ROI) for Children's Services, including newly incorporated national and local data as requested by the Board. Ms. Kendrick reported that investments in Children's Services were guided by a five-year comprehensive needs assessment, updated annually, which consistently showed a return of up to $16 for every dollar invested. Her presentation went on to provide data on three key areas: Health and Well -Being, Nurturing Families and Communities, and Success in School and Life, including new research on Disconnected Youth. Community surveys indicated overwhelming support for funding, with top consideration going to after-school programs, housing, and access to mental health services. The County's programs provided over 21,000 Page 40 of 439 touchpoints and delivered 90% of funded outcome$, Ms..Kendrick shared a success story from a partner agency who had utilized the program's Professional Development services. No Action Taken or Required 13.B.iL Approval of Youth Internship Partnership with CareerSource Research Coast Human and Children Services Administrator Megan Kendrick provided the Board with an overview of a proposed partnership with CareerSource Research Coast to host youth interns within County departments. CareerSource Workforce Coach Teri Graul explained that the Youth Connections Paid Internship Program served disadvantaged youth ages 16 to 24, including those unemployed, lacking a diploma, or facing anxiety and confidence challenges. The program offered academic support, career exploration, vocational .certifications, life -skills training, and job readiness assistance. Participants may complete a paid internship earning $15 per hour for up to 32 hours per week, with CareerSource providing all liability and workerscompensation coverage- ; Ms. Kendrick wanted to pilot the program in the Human Services Department, and would offer job shadowing and hands-on work experience while introducing youth to public -sector careers. ' Ms. Graul added that CareerSource would continue to coach participants for 12 months after program completion. County Administrator John Titkanich recalled his previous successful experience with a similar youth internship program which helped build a long-term workforce pipeline. A motion was made by Commissioner Susan Adams, seconded by Vice Chairman Moss, to approve staff s recommendation. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 -. None 13.C. Emergency Services B.D. Human Resources 13-D.i. Group Health Insurance update March 2026 Human Resources Director Suzanne Boyll presented the March 2026 group health insurance plan update. She reported that for the first quarter of the plan year (October—December 2025), the health plan was operating at a deficit: However, the health trust remained well -funded with a balance of $23.8 million. The primary financial pressures included more than $700,000 spent on 3 GLP-1 weight -loss medications during the first quarter and a substantial rise in high-cost medical claims. Ms. Boyll invited questions and comments from the Board. The. Board held an extended discussion following the update, and focused on the escalating cost of GLP-1 weight -loss medications and: their financial impact on the County's health plan. Commissioners noted anticipated health gains related to obesity had not materialized and claims seemed to be trending upward despite increased utilization of GLP-1 medications. Commissioners debated whether to delay action until second-quarter data was available or move more quickly given rising costs. County Administrator John Titkanich explained that second-quarter data r - should be ready by late April, enabling a decision at the first meeting in May. He agreed that employees should be given prior notice that the Board was considering changes` to GLP-1 medication coverage. Page 41 of 439 Lockton consultants provided industry insight, stating that most employer clients who once covered GLP-1 weight -loss medications had removed them due to cost escalation and had shifted members to lower-cost direct -to -manufacturer programs. Commissioners requested a deeper analysis of GLP-1 utilization, cost trends, alternatives, and employee impacts before making any changes. The Board reached consensus to receive full second-quarter data and prepare for a decision in early May, noting the importance of timely decisions for the upcoming budget cycle. Board Consensus Reached 13.E. Information Technology 13.F. Natural Resources 13.G. Office of Management and Budget 13.G.i. Children's Services Funding Allocation for Fiscal Year 2026/2027 Office of Management and Budget Director Kristin Daniels presented the recommended Children's Services funding allocation for Fiscal Year (FY) 2026-2027. She explained that, in accordance with the Board's previous direction, staff recommended maintaining the Children's Services allocation at one-eighth of a mil. This allocation resulted in an increase of $299,346, or 8.6 percent, for a total of $3,778,838 in funding for the upcoming fiscal year. Commissioners briefly discussed the proposal and noted the need to remain mindful of potential legislative changes affecting future fiscal years. County Administrator John Titkanich reminded the Board that the funds being allocated for FY 2026-2027 were collected during the current fiscal year, not from future revenue. A motion was made by Commissioner Susan Adams, seconded by Commissioner Flescher, to approve staffs recommendation. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 - None 13.11. Parks, Recreation, and Conservation 13.I. Planning and Development Services 13.1 Public Works 13.K. Sandridge Golf Club 13.L. Utilities Services 14. County Attorney Matters 15. Commissioners Matters 15.A. Commissioner Deryl Loar, Chairman 15.B. Commissioner Laura Moss, Vice Chairman Page 42 of 439 15.C. Commissioner Susan Adams 15.D. Commissioner Joseph E. Flescher 15.E. Commissioner Joseph H. Earman 16. Special Districts and Boards 16.A. Emergency Services District 16.B. Solid Waste Disposal District 16.B.i. Approval of Bring Down Certificate for Nopetro Eco District, LLC Managing Director of the Solid Waste Disposal District Himanshu Mehta presented the request for approval of the Bring Down Certificate related to the Nopetro Landfill Gas Project..He explained that the certificate was a procedural requirement between the bank and Nopetro to conium that no outstanding issues remained; from the County's perspective. Staff and the County Attorney's Office had reviewed the matter and confirmed that the County had taken no exceptions to the agreement and that all obligations had been fiilfilled. Mr. Mehta noted that the landfill gas facility was fully operational, as evidenced by the recent ribbon -cutting ceremony. A motion was made by Commissioner Susan Adams, seconded by Commissioner Flescher, to approve staffs recommendation. The motion passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 - None 16.13di. Approval of Change Orders to SCS for the Landfill Gas Wellfield Managing Director of the Solid Waste Disposal District Himanshu Mehta presented the request for approval of change orders related to landfill -gas well installations. Staff reported that two change orders were approved administratively,and the project exceeded the original authorization by $36,323. The total project cost would be $596,323. Mr. Mehta noted that the landfill continued to grow and required periodic expansion of the gas collection system to manage odors, reduce fire risk, and maximize gas recovery. He added that. Nopetro had expanded its capacity and was beginning to participate in funding for future gas system enhancements. Commissioners discussed gas output, system monitoring, and Nopetro's operational capacity, including recent temporary limitations related to the Florida City Gas.pipeline. Mr. Mehta confirmed that the team continued to actively monitor well performance and worked closely with partners to.maximize gas capture. A motion was made by Commissioner Joseph Flescher, seconded by Commissioner Adams, to approve staff s recommendation. The motion, passed by the following vote: Aye: 5 - Chairman Loar, Vice Chairman Moss, Commissioner Adams, Commissioner Flescher, Commissioner Earman Nay: 0 - None 16.C. Environmental Control Board 17. Public Comment: Non -Agenda -Related Matters Page 43 of 439 18. Adjournment There being no further business, the Chiarman adjourned the meeting at 10:42 a.m. Page 44 of 439 File ID: 2026-517 Indian River County, Florida Memorandum Type: Consent Agenda Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 To: Board of County Commissioners Through: John Titkanich Jr., County Administrator Michael Zito, Deputy County Administrator Beth Powell, Parks, Recreation, and. Conservation Director Gustavo Vergara, Assistant Director of Parks & Recreation From: Johnathan Billings, Supervisor - Beach Operations 'Date: 03/17/2026 Subject: FL Department of Children. & Families Rip Current Simulator Grant Background: The Florida Department of Children and Families, in partnership with the Florida Beach Patrol Chiefs Association, is exploring the use of a Slipstream High -Performance Swim Machine as part of a water -safety, and drowning -prevention initiative focused on rip current education for children. Florida's. coastline experiences frequent ripcurrents, which remain one of the leading causes of surf rescues and drownings along the state's beaches. Traditional classroom instruction and shoreline demonstrations are valuable, but they often lack the ability to safely replicate the physical sensation and decision-making required when encountering a rip current in the ocean. Analysis: Through the collaboration between the Department of Children and Families and the Florida Beach Patrol Chiefs Association, the grant program airrls to expand water -safety education and drowning. -prevention programming by providing beach patrol:agencies with access'to'this: technology. Lifeguards and ocean rescue personnel will be able to integrate the Slipstream system into structured educational programs for youth; school groups, and community outreach events. The controlled environment allows instructors to progressively adjust current..strength, ensuring instruction remains age-appropriate while maintaining a high level of safety oversight. The device is $13,900 and will be fully reimbursed upon completion of the first class it is used for teaching purposes. Budgetary Impact: Funding, in the amount of $13,900, will be appropriated Via budget amendment to the MSTU Fund/Beach Parks/Other Machinery & Equipment account, number 00411672-066490. Grant revenues will be recorded in the MSTU Fund/Rip Current Simulator. Grant account, number 004033-331694. Previous Board Actions: N/A Potential Future Board Actions: N/A Strategic Plan Alignment: Public Safety Other Plan Alignment: Quality of Life Staff Recommendation: Staff respectfully request that the Board of County Commissioners approve this request. Attachments: 1. C6ED6E 2. Rip Current Information Sheet Page 46 of 439 ORDER NO. C6ED6E Issued on Wednesday, March 11, 2026 EDT Created on Wednesday, March 11, 2026 EDT by Krystal Beerli SUPPLIER: Indian River County 1800 27th St Vero Beach, FL 32960 United States Phone: +1 (772) 226-1575 Contact: Jennifer Hyde SHIP TO: DCF Child Welfare Office 2415 North Monroe Street Suite 400 RM N343 Tallahassee, FL 32303 United States DELIVER TO: Krystal Beerli BILL TO: DCF - ASSCD - Admin Svcs Support Ctr Disbursements 2415 North Monroe Street Suite 400 RM H132 Tallahassee, FL 32303 United States Phone: +1 (850) 488-0801 Organization Code: Description: FAMILY SAFETY -ADMINISTRATION Expansion Opt: Description: Object Code: Description: SUPPLIES - GENERAL Transaction Fee Exempt?: Yes Transaction Fee Exempt Reason: 3E - Transaction with another Governmental Agency, Rule 60A -1.031(6)(b), F.A.C. VersionNumber: 1 PUI: ID: 6001 Name: 6001 - DCF: Headquarters Central Procurement PO Start Date: Tuesday, March 10, 2026 GMT PO End Date: Tuesday, June 30, 2026 GMT Site Code: ID: 600000-30 Name: 30 Encumber Funds: Yes Entity Description: Department of Children and Families LINE ITEM DETAILS (1 LINE ITEM ) TOTAL AMOUNT $13,900.00000 USD NO. DESCRIPTION PART QTY NEED -BY UNIT AMOUNT ORDER NUMBER DATE PRICE CONFIRMATION STATUS Blanket purchase order 13,900 - S1.00000 $13,900.00000 Unconfirmed for the purchase of: each USD USD Full Description: Blanket purchase order for the purchase of: Page 47 of 439 SlipstreamTM FL Riptide Training Bundle: Includes 2 - Slipsft=Tm Portable Swim Machine, 2 Additional Power Supply (Battery Box with 24V Rechargeable Battery), and 2 underwater headphones. Price: $12,750.00 funds for training related expenses $1,150.00 , Total allowable per SOW: $13,900.00 Must submit for invoice: Supporting Documentation, as applicable: • Receipt of equipment purchase and delivery. • Timesheets, payroll register or other supporting documentation if staff/consultants are being paid for the training. • Receipts for any materials or supplies purchased for the training. • Documentation of training. Items can be purchased at the following link: https://swimshpstream.com/collections/florida-riptide-training- program/products/slipstream%E2%84%A2-fl-riptide-training bundle 2 -slipstream -performance -2 -additional -power; -supply -2 - underwater -headphones Req. Line No.: 1 Requester: Krystal Beerli PR No.: PR926706 Method of Procurement: L - Governmental agency [s 287.057(3)(e)12 F.S., defined in s 163.3164(21), F.S.] Shipping Method: Best Way State Contract ID: Prime Vendor: incoTerm: TOTAL AMOUNT $13,900.00000 USD COMMENTS • Cheyenne Thompson, 03/11/2026: NOTE TO THE VENDOR: The electronic link below represents the Department of Children and Families (DCF) Terms & Conditions and are hereby incorporated into this Purchase Order (PO). Please review as the DCF PO terms and conditions document has been linked to the Department's internet page for constant access and availability to vendors. Please print if you need to include with your records. https://www.myflfamilies.conVsites/default/files/2022-11/DCF%2OP0%2OTerms%20%26%2OConditions O.pdf The DCF PO Terms and Conditions shall take precedence over any inconsistent or conflicting provision. By acceptance.of this electronic PO, the vendor hereby agrees to all terms and conditions of this order and attachments. The terms of this PO may not be modified. Do not unilaterally substitute items, alter schedules, increase prices, or add, delete or amend terms and conditions. If unable or unwilling to process the purchase order as written, contact the purchasing agent whose name and telephone number appear at the bottom of the PO. (Cheyenne Thompson, Wednesday, March 11, 2026 EDT) ATTACHMENTS • ATTACHMENT by Krystal Beerli on Tuesday, March 10, 2026 at 2:54 PM CAPTA Surplus Brief- Signed.pdf (737273 bytes) TERMS AND CONDITIONS OF PURCHASE Purchase Order Terms & Conditions hftp://dms.myflorida.com/mfmp_?OTC Page 48 of 439 Page 49 of 439 or°EPARp of a� Ron DeSantis W ° State of Florida Governor (i '^ Department of Children and Families 6fto ��� Taylor N. Hatch kz,vANo �P Secretary Rip Current Simulator Training Initiative The Department has funding to purchase equipment that functions as a rip current simulator, designed to train rescue personnel and educate the community. Why This Matters Rip currents are a major public safety hazard, accounting for approximately 80% of surf beach rescues and nearly 100 fatalities annually. By incorporating this simulator into your programs, you can: • Enhance rescue personnel training. • Proactively educate the public—especially youth and new beachgoers—on rip current survival techniques. • Expand community water safety initiatives with a focus on this extreme hazard. About the Simulator The simulator is provided by Slipstream and is typically used as a high-performance swim machine for exercise. Its features make it ideal for rip current training: • Powerful Current: Up to 3,000 Gallons Per Minute (GPM), simulating the force of a rip current in a controlled pool environment. • Portable & No Installation Required: Easy to transport and set up for on-site demonstrations. • Realistic Training: Far more effective than classroom instruction, offering participants a tangible and memorable experience. Training Benefits Participants can safely practice essential survival techniques, including: • Signaling for help • Floating until out of the current • Swimming parallel to shore to escape This hands-on approach builds muscle memory for real-world situations. 2415 North Monroe Street, Suite 400, Tallahassee, Florida 32303-4190 Mission: Work in Partnership with Local Communities to Protect the Vulnerable, Promote Strong and Economically Self -Sufficient Families, and Advance Personal and Family Recovery and Resiliency Page 50 of 439 Page 2 — Rip Current Simulators Information Sheet Program Applications The Slipstream Swim Machine can be integrated into a variety of programs: • School field trips and summer camp safety days • Lifeguard and junior lifeguard certification courses • Learn -to -swim classes focused on open -water preparedness • Water safety training for individuals with autism Consistent Training: Use existing pool facilities to conduct realistic exercises year-round, regardless of weather or ocean conditions. Key Advantages • Public Awareness & Realistic Demonstration: Adjustable current (up to 3,000 GPM) provides a safe yet powerful experience, illustrating why swimming against a rip current is nearly impossible. • Life -Saving Skill Instruction: Controlled environment ensures safe practice of survival strategies. • Versatile Community Tool: Portable design supports multiple outreach programs. Cost & Funding There is no cost to your agency. The Department of Children and Families (DCF) will cover up to $13,900 for equipment and training expenses, provided your organization uses the simulator for straining and education to prevent drownings in your area. Equipment Cost: $12,750 Slipstream TM FL Riptide Training Bundle Includes: o (2) Slipstream Performance units o (2) Additional Power Supplies o (2) Underwater Headphones swimslipstream.com/collections/florida-riptide-training-program/products/slipstream TM -f1 -riptide - training -bundle -2 -slipstream -performance -2 -additional -power -supply -2 -underwater -headphones • Training Funds (if needed): $1,150 Page 51 of 439 90 4 °G� Indian River z County, Florida 0 Memorandum File ID: Type: 2026-555 Consent Agenda To: Board of County Commissioners Through: John Titkanich Jr., County Administrator Kristin Daniels, Budget Director From: Cynthia Stanton, Risk Manager Date: 03/30/2026 Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 Subject: Self Insurance Funds and Property & Casualty Insurance Program Background: In preparation for the May 1, 2026, renewal, staff worked with Arthur J. Gallagher Risk Management Services, Inc. (AJG) to secure the most comprehensive, cost-efficient property and casualty insurance program for the County. The table below summarizes the lines of coverage, limits, and renewal costs, followed by the variables impacting the 2026 renewal rates. There was a total overall premium decrease of -19.86% for the Indian River County insurance renewal. Renewal Summary Policy Policy Current Renewal Premium Premium Coverage Limits Premium Premium Increase Change /decrease Property (Non- 75 $2,032,677 $1,624,529 -$408,148 -20.08% Utility) Mil/35Mil Property (Utility) 60/20/15 $1,291,449 $965,087 -$326,362 -25.27% Mil Flood Multi $12,074 $12,074 $0 0% Equipment 100 Mil $15,995 $16,350.89 $355.89 2.23% Breakdown Terrorism 100 Mil $18,000 $18,000 $0 0% NCBR PD & 10 Mil $42,000 $38,850 -$3,150 -5.25% Liability Page 52 of 439 Inland Marine 20Mil/2.5 Mil $138,654 $111,252 $27,402 -19.76% Crime 1 Mil $7,009.40 $7,009.40 $0 0% Public Entity Excess Liab 2 Mil/4Mil $261,900 $266,895 $4,995 1.91% Excess Workers Comp Statutory Max $403,771 $282,442 -$121,329 -30.05% D&B 1 Mil $50,429.30 $51,933.19 $1503.89 2.98% Hull/P&I 1 Mil $8,623 $18,314 $9,691 112.39% Watercraft Pollution 1.1 Mil N/a $1,632 $1,632 1900/0 Statutory AD&D 75,000 $13,040 $5,067 -$7,973 -61.14% AJG Brokers Fee $125,000 $125,000 $ 0 0% Total 1$4,420,674.701$3,544,435.48 -$877,818.22 -19.86% Analysis: Policy year 2023 was one of the hardest markets the insurance industry has experienced in over thirty years. Since 2024, the insurance market has begun to stabilize year over year in the commercial property arena. The FY26 property renewal rate is a 22% decrease over expiring, allowing the County to negotiate favorable rates and coverage limits. The major highlights of the FY26 renewal are as follows: Property Program: This remains a layered program with multiple carriers. The renewal is based on an increase in total insured value of 3.29% resulting from an increase in the building values by 2.5% and adding new fire stations 7 and 15 (modular) to the schedule. The renewal premium, including surcharges, is $1,624,529, which is $408,148 below expiring or a 20.1% decrease: Utilities Property Program: This remains a standalone policy separate from the non-utility property program. This year's renewal is based on the expiring total insured value of $297.5 million. The renewal premium is $965,087, which is $326,362 below expiring or a 25.27% ' decrease. Excess Workers Comp & AD&D: On October 1, 2025, the Sheriff moved their workers' compensation program to Florida Sheriffs Risk Management Fund. As a result, the payroll for the renewal is $83,390,152; a 24.62% decrease from last year. This year's renewal premium is $282,442, which is $121,329 below expiring or a 30.05% decrease. The County also negotiated a reduced self. -insured retention from $850K to $750K. All other terms and conditions remain the same. The removal of the Sheriff's exposures also reduced the AD&D premium to $5,067, which is $7,973 below expiring or a 61.1% decrease. Page 53 of 439 Watercraft Protection & Indemnitor / Hull: This year, Fire Services purchased a new 3 1F vessel with twin 400HP Mercury motors for a total of $542,693. As a result, the renewal premium is $18,314, which is $9,691 above expiring or a 112.39% increase. We also purchased watercraft pollution protection for an additional $1,632. Budgetary Impact: The County's property and casualty coverage is funded through the Self Insurance Fund (502): This is an Internal Service fund that is supported by charges to operational funds of the County. The current fiscal year's portion of the proposed premium will be funded from account number 50224613-034590 (Self Insurance Fund- Other Insurance). The Self Insurance Fund is supported by all other departments and the premium costs are distributed across all County departments. Previous Board Actions: N/A Potential Future Board Actions: N/A Strategic Plan Alignment: This insurance renewal strategically balances risk transfer with fiscal responsibility, ensuring our coverage limits and retentions directly protect the County's long-term financial health, infrastructure goals, and critical service delivery. Other Plan Alignment: N/A Staff Recommendation: Staff recommends that the Board approve the proposed renewal and authorize Staff to bind coverage for May 1, 2026, through April 30, 2027, with a current annual premium, of $3,544,435.48. The renewal premium is based upon the current schedule of values, coverage selections and includes the annual broker fee of $125,000. Attachments: 1. AJG Executive Summary Page 54 of 439 Gallagher Indian River County BOCC May 1, 2026 Renewal Executive Summary We are very pleased to present Indian River County BOCC with a comprehensive property and casualty insurance proposal effective May 1, 2026 — May 1, 2027. This executive summary provides a high-level overview of our renewal accomplishments and alternatives for consideration. Property Program Overview Historical Results The chart below shows the annual changes in limits, values, premiums, rates and named storm limit back to 2003. Page 55 of 439 Exposure '" Premium Annual Rate Limits Named Stor Purchased Limit 03- $152,645,263 $474,116 $0.31 $152,645,263 $152,645,263 04-05 $161,495,446 $475,474 $0.29 $161,495,446 $161,495,446 s 10/1/05- $222,607,714 _ 994,076 $0.45 222,607,714 222,607,714 �4/1/07 R� 07-08 �..� 342,013,3 $2,387,500 $0.70 <'' 150,000,000 50,000,000 08-09, $414,241,3 D $1,950,350 $0.47 150,000,000 50,000,000 4/1/09-5/1/10 a ' 426 623 770^$1,412,500 $ $ 0.33 175 000 000 25,000,000 10-11 $301,589,497 $1,350,000 $0.45 t 200,000,000 50,000,000 11-12� ' $347,436,734 1,049,302 $0.30 200,000,000 50,000,000 YX,T t 12-13 $332,4264 1,316,0 $0.40 200,000,000 25,000,000 13-14 "'$333,657, $1,264,53 $0.38 200,000,000 25,000,000 14-15 7 $342,34<fi+ $1,205,0-' $0.35 200,000,000 35,000,000 15-16 ikl $343,203 �? x$994,2 $0.29 200,000,000 35,000,000 :- 16-17 = $352,0 '` 200,000,000 40,000,000 ;sem, 17-18'r�; $365 $984,71 0.27 Y 200,000,000 40,000,000. ii 1819 $381,676,150 $1,221,337 $0.32 200,000,000 40,000,000 19-20 $372,933,092 $1,324,438 $0.36 200,000,000 40,000,000 20-21 $548,820,748 $1,876,307 $0.34 225,000,000 70,000,000 21-22 $538,208,775 $2,002,133 ?, $0.37 225,000,000 .' 70,000,ODO 22-23 $561,325,462 $2,232,956 $0.40 225,000,000 ' 70,000,000 23-24 $597,789,068 $2,971,897. , $0.50 160,000,000 45,000,000 24-25 $631,898,478 $3,053,885 ::, $0.48 160,000,000 45,000,000 25-26 $708,552,305 $3,314,066 " $0.47 160,000,000 55,000,000 Prior to 2008 the First Primary $1,000,000 of Property Coverage provided in Package policy and not included in premium above. In 20-21 the program was split into two towers, above includes the combined overall results. Page 55 of 439 New Gallagher 2025-26 Utilities placement increased the Flood including surge sublimit to $10,000,000 2020 Property Overview The County's total insurable values for the 20-21 renewal increased from $381,605,432 to $548,820,748, a total increase of 47%. The increase was due to an appraisal the County completed in 2019. The appraisal allowed us to identify the County had enough Utility assets to carve out and approach Star Tech, an MGA that specializes in Utility programs. We offered several program options and the County decided to go with the two separate program towers: • Standalone Layered Program (Non -Utility Assets) with Star Tech (Utility Assets) o Total Premium excluding Fees $1,876,307, o Additional premium of $549,313 expiring, a 3.92% decrease in rate. Two major advantages gained by providing coverage for the Utility assets on a separate policy are a cost savings as well as an increase in the total overall limits and Named Storm limits available in catastrophic loss. 2023 Non -Utility Property Renewal Overview 2023 was one of the hardest markets the insurance industry has experienced in over thirty years. Carriers started to use tools to determine if an account had valuation issues. If valuation is below their tools, they push for a margin clause, scheduled coverage or charge a rate increase over and above the market average. We also experienced most carriers reducing their capacity to smaller line sizes and increasing their rates in conjunction. Based on conversations with the County, we agreed to explore $25 million Named Storm limit and various All peril limits. The county bound the below: All Other Perils Named Storm Flood & Earthquake Premium Premium Rate Per Occurrence Per Occurrence Aggregate % % $165,000,000 $25,000,000 $25,000,000 Each except $2,255,000 49.14% 37.58% SFHA $10,000,000 Program Term Changes Below are the material changes and additional terms may change once the program is final: 1. County has decided to reduce the Named Storm coverage from $40 million to $25 million based on rate increases. 2. Hurricane Deductible changed to Named Storm — The previous Named Hurricane deductible only applied if wind speeds exceeded 74 mph or greater and was declared by NOAA to be a Hurricane. A Named Storm deductible includes tropical depressions (max sustained winds 38 mph or less) and tropical storm (max sustained winds 39 to 73 mph). 3. $5 million Maximum Deductible Cap for Named Storm or Special Flood Hazard Area removed. 4. $10,000,000 Debris Removal sublimit added or 25% of the loss, whichever is lesser. 5. Special Flood Hazard Area deductible to be applied to locations partially within zone vs. "wholly." 6. Unintentional Errors and Omission — Reduced from $10 million to $2.5 million Page 56 of 439 Gallagher 2024 The market started to stabilize, which resulted in the County receiving an 8.66% rate decrease. The County did increase their total insured value by 9.07%. The increase in values was for property in the open or contents. We also applied a 5% trend increase to any buildings that the County had not changed values for property in the open or contents. The renewal included blanket coverage except for Chubb Bermuda which provides the $75 million excess of $25 million which is at 110% margin clause. 2025 The market continues to soften, and the final rate decrease was 13.03%. This year the County's total insured value went up 10.89% this was based on a combination of the County increasing the values for specific locations for property in the open, four new buildings (traffic building, sheriff building, new restrooms) library expansion and we implemented the appraisal values received in 2024. We offered six options with various Named Storm and Flood sublimits and evaluated all perils limit. The County opted to reduce all perils limit from $100 million to $75 million and increase the Named Storm and Flood sublimits to $35,000,000. We did negotiate an updated manuscript form which also includes the following enhancements: Catastrophe Model Results Non -Utility Program To assist in selection of an appropriate named windstorm limit of insurance, we have included the windstorm catastrophe model. 2024 2025. Special Flood Hazard $10,000,000 Limitation removed included Area Aggregate 2026 in the $25,000,000 Flood Return Aggregate Business Interruption $5,000,000 $5,000,000 Extra Expense Included in Business $5,000,000 After Deductible, Interruption Service Interruption $1,000,000 $2,500,000 Property Insured Limited to 1,000 feet of Limitation removed location Catastrophe Model Results Non -Utility Program To assist in selection of an appropriate named windstorm limit of insurance, we have included the windstorm catastrophe model. Including Utilities Excluding Utilities Excluding Utilities Program 2020 2023 2026 Critical Return i Prob. Period PML PML v.22 PML v.23 After Deductible, After Deductible Ground Up -,:._. (No Max) ($6M Max) 0.10% 1,000 0.20% 500 $ 53,260,282 $ ' -' 32,788,62868,180,483 0.40% 250 $- '' y'7t�$42,529,466 1.00% 100 $ 15,563,417 $ : 916,423 ` 18,282,071 AAL $ 555,558S 330,12 ' E726,365 ... ti i 46) Gallagher 2026 Renewal This year we approached four markets directly, thirty-seven markets via Risk Placement Services and over forty syndicates between London and Bermuda markets via Gallagher UK. This year the County's total insured value went up 3.29% this was based on a combination of the County increasing the building values by 2.5% and added fire station 7 and 15 (modular). This year we are oversubscribed, and we used that to leverage new capacity against expiring incumbents to drive down the year over year premium. We had one market AWAC that opted not to issue a renewal. AWAC was added to the program in 2023 and with the rate decreases received every year since they joined; the renewal was going to be below their minimum premium. They had the highest price on the program since they joined, and we replaced them with a new Lloyds syndicate — HCC which offered the lowest price. The renewal premium including surcharges is $1,624,529. The expired total premium was $2,032,677 This is $408,148 below expiring or a 20.1% decrease. The renewal rate is a 22.8% decrease over expiring. The renewal also increased the Earth Movement sublimit from $25 million to $35 million aggregate. We also negotiated the following options which you can choose from: Option All Other Perils Named Flood NWS / SFHA Premium AP Per Storm Aggregate Deductible Indication Occurrence Per Occurrence 1 - $75,000,000 $35,000,000 $35,000,000 5% $1,624,529 As Is 2 $75,000,000 $40,000,000 $40,000,000 5% $1,793,674 $169,145 3 $75,000,000 $35,000,000 $35,000,000 5%, Cap $6M $1,800,766 $181,497 4 $75,000,000 $40,000,000 $40,000,000 5%, Cap $6M $1,989,941 $365,412 If the County elects to go with the $6 million Named Windstorm and Special Flood Hazard Area Deductible cap; two incumbents opted to not quote (AWAC and Beazley. Berkshire would not agree to $6 million. Berkshire would only agree to a $10 million cap. Utilitv Overview Utility Catastrophe Model Results Non -Utility Program Starr Tech does not provide wind modeling. Therefore, last year we had the below wind modeling done to assist i with accessing wind and flood limits. Including Utilities Including Utilities is Program 2020 2025 Critical Return PML PML v.23 Prob. Period Ground Up After Deductible (No Max) , Gallagher Utility Historical Overview Named Storm Flood Aggregate Premium AP Per Occurrence Per Occurrence re Limits Na food SFHA $1,291,449 8Fees es Purchased Storm MRMWdes surge} Aggregate 1 - $60,000,000 $20,000,000 Fees $939,301 Aggregate 2 $240,987,448 $579,247 $.2348 $60,000,000 $30,000,000 $10,000,000 $1,000,000 2021 `; $242,955,795 ; $650,004 $.2634 $60,000,000 $30,000,000 $10,000,000 $1,000,000 2022 $248,919,888 $736,424 $.2890 $60,000,000 $30,000,000 $10,000,000 $1,000,000 2023 $259,128,905 - $873,422 $.3332 $60,000,000 $20,000,000 r $10,000,000 $1,000,000 2024 r� $261,286,540 $963,319 $.3786 $60,000,000 $20,000,000 $10,000,000 $1,000,000 025. $297,578,303 $1,281,441 $.4306 $60,000,000 $20,000,000 $15,000,000 $1,000,000 026,, $297,578,303 , $965,087 _$.3206 $60,000,000 $20,000,000 + $15,000,000 $1000000 In 2025, the County renewed coverage for a total insured value of $297,578,303, reflecting a 13.89% increase. The total insured exposure increase is driven by the appraisal values received in 2024 and the eight additional lift stations found after Hurricane Milton. Star's offered a rate decrease of 5%. We provided options for increasing the Named Storm and Flood limit. The County opted to increase the Flood aggregate from $10 million to $15 million since the definition includes surge via an excess Flood policy. Special Flood Hazard sublimit remains at $1 million. 2026 Utility Renewal Overview The County's renewal is based on expiring total insured value of $297,578,303. Star's expiring terms and conditions renewal quote is $939,301 including fees and surcharge; a 10% rate decrease. We also asked Star to provide an option for the additional flood limit that from Core for $250,000. Starr agreed to increase the sublimit for an additional premium of $25,786. We went ahead and asked the excess Flood carrier to quote additional options for your consideration: Option All Other Perils Named Storm Flood Aggregate Premium AP Per Occurrence Per Occurrence Expiring $60, 000, 000 $20,000,000 $15,000,00 except $1,291,449 SFHA $1,000,000 1 - $60,000,000 $20,000,000 $10,000,00 except $939,301 Starr SFHA $1,000,000 2 - Starr $60,000,000 $20,000,000 $15,000,00 except $965,087 $25,786 SFHA $1,000,000 3 $60,000,000 $20,000,000 $20,000,000 except $1,065,091 $100,004 SFHA $1,000,000 4 $60,000,000 $20,000,000 $15,000,000 except $1,295,091 $330,004 SFHA $3,500,000 Page 59 of 439 Gallagher Flood The Starr Tech Utility Property program includes $1,000,000 Aggregate in Special Flood Hazard Area (SFHA). The County Utility schedule has approximately $30,279,812 in SFHA. In 2020, we recommended the County purchase a blanket flood coverage for four specified buildings at South Central WWTP. The Stafford Act requires NFIP or similar coverage to be in place for SFHA zones. However, most of the County's exposure within SFHA does not fall under the classification of a building. As a result, FEMA would reimburse you for damages since NFIP cannot be purchased. We recommend talking to the Utilities Division to determine if any other buildings on the Utility schedule fall within the SFHA. Standard... Building Coverage - Loc.# 1 : 2500 6th Ave SW Vero Beach, FL 32962 (Property Name: $500,000 $500,000 Generator) Building Coverage - Loc.# 2: 2500 6th Ave SW Vero Beach, FL 32962 (Property Name: $500,000 $500,000 S.C.WWTP BLWR ELECT BLDG) Building Coverage - Loc.# 3 : 2500 6th Ave SW Vero Beach, FL 32962 (Property Name: $168,400 $168,400 WTT Chlorine Storage Bldg) Building Coverage - Loc.# 4: 2500 6th Ave SW Vero Beach, FL 32962 (Property Name: $156,100 $156,100 WTT Operations Bldg 001) Total Insured Value $1,324,500 1 $1,324,500 YOY 0 j Premium(excluding fees $12,074 $12,074 Rate $ 0.91159 $ 0.91159 Rate % YOY 0.1 This policy is primary and includes a $25,000 Per Building Deductible. Equipment Breakdown In 2024, we marketed the renewal to four carriers and the County remained with Travelers. The Equipment Breakdown policy with Travelers includes a $100 million limit for the non-utility assets as presented in our Property section with a total insured value of $424,508,678: a 2.3% increase in values. The renewal premium is $16,361 plus $164 FIGA surcharge. This is a flat rate and the increase in premium is due to the slight increase in total insured value. The renewal included the following new forms and/or edition dates: 1. Electronic Vandalism Endorsement — losses resulting from unauthorized computer code or programming. 2. Digital Asset Exclusions — Excludes losses to Digital Currency or Non -fungible token. 3. Shiploader and Barge Loader Exclusion — excludes shiploader, barge loader or similar equipment including machinery that includes conveyor or crane or hoist or leg used with this type of equipment. The Utility Assets Equipment Breakdown coverage is included in Star Tech / ACE American Ins. Co. Page 60 of 439 Gallagher Inland Marine — Vehicles over $100,000, Contractors Equipment, Rented & Leased Equipment and Golf Carts In 2021, we fully marketed the program on your behalf and received various declinations stating they could not compete with your current program or provide coverage requested. Auto Physical Damage continues to be difficult to place due to concentration of vehicles or equipment and/or the Hail or Named Storm exposure. Your carrier added a $2,500,000 sublimit for each peril of Named Windstorm and Flood. In 2024, we approached four markets directly and seven through a wholesaler. We remained with the incumbent. In 2025, policy renewed with incumbent with a 10% decrease as the renewal included. The County removed Contractors Equipment below $25,000. The policy has a $100,000 deductible except for Flood and Named Windstorm its $250,000 per occurrence. All other terms and conditions per expiring. Historical Overview The quote was missing four forms from expiring. We're pending a response if that was an error. The PRM quote came in at $171,781: $60,529 higher than the incumbent and we have included a separate document that goes over their offering. The County will need to continue to audit the current policy, and the County will need to provide the rental expenditure for leased equipment. Terrorism Property, NCBR Property & Terrorism Liability including NCBR The County's Terrorism & NCBR policy covers all locations currently reported on your property program, and inland marine schedule. The total insured value for this renewal is $773,356,156, a 1.88% exposure increase. The renewal premium is $56,850, a 5.25% decrease. The rate is a 6.57% decrease. Page 61 of 439 14-15 $14,816,005 $45,854 $0.3095 15-16 $19,531,041 $53,032 $0.2715 16-17 $21,970,630 $53,606 $0.2440 17-18 $22,973,220 $51,771 $0.2254 18-19 $25,088,873 $59,790 $0.2383 19-20 $29,592,882 $67,193 $0.2271 20-21 $34,365,792 $74,954 $0.2181 21-22 $35,439,055 $94,513 $0.2667 22-23 $39,594,962 $106,048 $0.2719 23-24 $43,275,554 $119,651 $0.2772 24-25 $44,311,928 $128,460 $0.2959 25-26 $50,507,930 $138,650 $0.2745 26-27 $51,269,172 $111,248 $0.2157 1.51% -19.76% -20.96% The quote was missing four forms from expiring. We're pending a response if that was an error. The PRM quote came in at $171,781: $60,529 higher than the incumbent and we have included a separate document that goes over their offering. The County will need to continue to audit the current policy, and the County will need to provide the rental expenditure for leased equipment. Terrorism Property, NCBR Property & Terrorism Liability including NCBR The County's Terrorism & NCBR policy covers all locations currently reported on your property program, and inland marine schedule. The total insured value for this renewal is $773,356,156, a 1.88% exposure increase. The renewal premium is $56,850, a 5.25% decrease. The rate is a 6.57% decrease. Page 61 of 439 46) Gallagher The Terrorism policy will remain on the Vehicle A form which follows your all risk placement with sublimits that override the all-risk in respect to terrorism only. The Total Property Damage is limit $100 million and sublimits include Claims Preparation, Transit, Seepage Contamination and Pollution / Clean-up, etc. The policy provides financial loss as a result of a threat, loss of attraction including non -damage to the insured out to a 2.5 mile radius from an insured location and denial of access including non -damage out of 2.5 mile radius from an insured location. The deductible is $10,000 and also includes a Liability limit of $3,000,000. The NCBR Property Damage and Liability limit is $10 million, and the Liability limit is $3,000,000 and is subject to a $65,000 deductible. Crime In 2024 we approached three markets and received two quotes. Your incumbent, Hanover.added two new forms Telephone Fraud and Clients' Property and an Exclusion for Cyber Extortion. They also updated the edition date on the Computer and Funds Transfer fraud insuring agreement. The County renewed with Hanover another three- year policy with annual installments. The annual installment premium is $6,940 plus $69.40 in fees. Public Entity Excess Liability In 2020, the County was coming off a rate agreement with Brit (now Ambridge). We marketed your program to five markets and coverage remained with Brit for a 6% rate increase. In 2021 based on expiring marketing, we approached Safety National. Safety declined to quote based on current premium. Please keep in mind since 2021, Sexual Abuse is a claims made coverage form with a dedicated limit. The form requires potential claims be reported within 180 days after initial discovery of any actual, attempted or pending allegation. In 2023, the renewal included three material changes: 1. EMS Operations SIR will be increased from $25,000 to $50,000. 2. New Exclusion — PFAS and Chemicals Exclusion New form outlining that the Policy does not insure against any loss arising out of or in any way attributed to PFAS (Per- and Polyfluorinated Substances) or the PFAS content of any substance or product. 3. General Policy Condition 7 Claims, Occurrences or Suits Amendment - This updated form outlines the County's responsibilities to provide timely reporting of losses and what happens if the carrier rights to assume control of the investigation, defense or settlement. Underwriters shall have the right, but not the obligation, to be associated with the INSURED in, and/or assume control of, the investigation, handling, defense or settlement of any CLAIMS, SUITS or proceedings relative to an OCCURRENCE or CLAIM where in the sole opinion of the Underwriters, Underwriters' liability under this Policy is likely to be involved. In the event Underwriters assume control of the investigation, handling, defense or settlement of any CLAIMS, SUITS or proceedings relative to an OCCURRENCE or CLAIM, then DEFENSE COSTS incurred are part of, and not in addition to, the ULTIMATE NET LOSS and the INSURED'S obligation to pay the SELF INSURED RETENTION, and any applicable MAINTENANCE DEDUCTIBLE or any other applicable deductible or deduction under this Policy, will remain unchanged. In 2024, we approached Ambridge, Safety, Chubb, Travelers, Euclid and Berkley. We received feedback from Berkley they could not compete. Safety could not offer claims made coverage for EMS Liability or Sexual Abuse and Molestation and they were above the expiring premium. We also approached 14 markets for a traditional Auto program. We received 11 declinations which ranged from Coastal exposure, Florida, and can't offer self-insured Page 62 of 439 Gallagher retention for Liability, fleet size, etc. One carrier confirmed that their minimum premium would be $1,000,000, so we instructed them to close their file. Ambridge in 2024 offered a renewal premium of $241,950, a 9% premium increase. In 2025, we agreed to approach Ambridge for renewal. Ambridge's renewal premium was $261,900; a 8.2% increase. Overall, the Auto count was up 7% and blended exposures 3%. This is in line with what we saw from Public Entity markets in Florida. Unfortunately, these markets pushed for double-digit increases in most other states. This year we decided to approach Ambridge and PRM. The renewal premium is $266,895, a 1.9% increase over expiring. The terms and conditions are per expiration. The PRM quote is $286,649; $19,754 higher than the incumbent. Ambridge continues to require Davies to follow their TPA guidelines to address how they expect them to manage and communicate claims. Excess Workers Compensation In Florida, the Excess Workers Compensation market remains restricted for organizations with Police and/or Fire risks that are affected by presumption laws. As a result, many entities our forced to take spit retentions with Police/ Fire retentions of $750,000 to $1 million. 2021, Safety pushed for a 12.3% rate increase. At that time, the County had one large with a total incurred of $820,000, which involved an employee airlifted to the hospital. In 2022, we anticipated a tough renewal based on four open claims. We approached your incumbent, Arch and Midwest. Arch indicated a minimum SIR for Fire and Police at $2 million and $1 million all other classes. Midwest indicated the lowest SIR they would consider is $1.5 million and the premium would be $350,000. The carrier pushed the County's SIR from $650,000 to $850,000 to mitigate the premium increase. We also offered an SIR buy down, however the County opted not to purchase. In 2024 we marketed to Arch and Midwest; however, the County remained with Safety. The 2024 renewal resulted in a 4.92% rate increase. In 2025, the County renewed with Safety for a 7.04% rate increase. This year the payroll for the renewal is $83,390,152; a 24.62% decrease. The payroll decrease is a result of the Sheriff moving their coverage as of October 1, 2025. We did market your renewal to your incumbent, Midwest, Arch and PRM. Arch provided an indication with a $1.25 million SIR. Below you will find a summary of the quotes received: Renewal Options Page 63 of 439 a -- Midwest - ,_ _. .. u SIR $850k except $1 M $750k except $850k except $1 M $1 M except $1 M $750k for USL&H, Jones $1 M for USL&H, for USL&H, Jones for USL&H, Jones Act Jones Act Act Act Rate $.365 $.3387 $.3281 $.2986 $.3417 Premium $403,771 $282,442 $273,603 $249,003 $285,649 Rate Not applicable Not applicable Two Year Policy Two Year Policy 10/1/26 to 10/1/27 Agreement Page 63 of 439 16) Gallagher The PRM program runs from October 1St to October 1S'. Therefore, your premium would be pro -rated ($119,733) for the first year. They offer a rate agreement for the second twelve-month term subject to specific conditions. The County currently has three claims in the last ten years above $750,000: Ancillary Policies Watercraft Protection & Indemnity / Hull In 2022, we marketed your program to three carriers and received one competing quote. The County remained with their incumbent. In 2025, we agreed to approach the incumbent for a renewal quote. The renewal included a new Sundance Skiff with a value of $45,663, which was a 45.723% increase in exposure. The renewal premium was $8,623 which is a 37.5% increase in premium. This year we agreed to market to Travelers and below is an overview of the two quotes received: Page 64 of 439 Great American 25-26 Great American 26-27 Travelers Total Insured $160,531 $703,224 $703,224 Value % Change 338% 338% Navigable Inland and Coastal Waters Inland and Coastal Waters Inland and Coastal Waters Waterways: of Florida not to exceed 10 of Florida not to exceed 10 of Florida not to exceed 10 miles offshore except miles offshore except miles offshore except Nautica 3 miles offshore Nautica 3 miles offshore Nautica 3 miles offshore Page 64 of 439 Hull . Jon Boat: $500 0 Jon Boat: $500 0 Jon Boat: $500 Deductibles Per . Nautica: $750 0 Nautica: $750 9 Nautica: $750 Vessel or Motor . Carolina Skiff: $1,000 0 Carolina Skiff: $1,000 . Carolina Skiff: $1,000 . Outboard Motor, 2 - • Outboard Motor, 3 - • Outboard Motor, 2 - $1,000 $1,000 $1,000 . Sundance Skiff: a Sundance Skiff: . Sundance Skiff: $2,500 $2,500 $2,500 • Challenger: $5,000 • Challenger: $5,000 0 Challenger: $5,000 . Walk Around Cabin: . Walk Around Cabin: $7,500 except Named $10,000 (includes Storm $20,000 motor) Valuation Actual Cash Value Actual Cash Values Actual Cash Value Trailers No coverage provided Coverage is included for Coverage can be provided the trailer for the Walk for an AP however would around cabin. This require value of each and includes physical damage every trailer while being pulled or while parked on land Liability $2,500 $2,500 $2,500 Deductible P&I Limit $1,000,000 $1,000,000 $1,000,000 Premium $8,623 $18,314 $18,947 % Change 112,39% 120% Subjectivity: • Great American: Named Storm Plan for the 27 -foot Boston Whaler and 31 -foot Walk -Around Cabin. • Travelers provide address of location of boats stored while on land, if applicable We also requested a Vessel Pollution quote for $1,100,000 liability limit and nil deductible. The premium came in at $1,632. The policy provides coverage for pollution cleanup per OPA90 (Federal and State), CERCLA, Spill Management, Defense Costs and Limited Administrative Penalties and Public Relations. Statutory AD&D (Firefighters) In 2024 the County renewed with AIG a two-year policy with annual installments. The annual installment due was $13,040. This year we removed the Sheriff exposure therefore we marketed to your incumbent, Hartford and Chubb. The annual cost from Chubb's was between $12,860 to $14,146 and Hartford was $15,77 to $16,176. Page 65 of 439 2024 2026 % Change # of Employees 827 302 -63.5% One Year Annual Policy $5,334 Two Year Term with Annual Installment $13,040 $5,067 61.1% Two Year Prepaid $10,134 Page 65 of 439 County overview of expiring vs. renewal program for all coverages. We are happy to report that this is the second renewal in ten years with a premium decrease. The foliowing table provides an overall snapshot of 2025 vs. 2026. Conclusion We look forward to reviewing this proposal with you in detail and truly appreciate your business. Michael Gillon Erica Connick, ARM -13 Isabel Herbach Area President Area Senior Vice President Client Service Executive Page 66 of 439 Premium & Fees 2025 Renewal 2026 Renewal % Change 1 Property Non -Utilities -$35M $2,032,677.00 $1,624,529.00 -20.08% 2 Property Utilities $1,291,449.00 $965,087.00 -25.27% 3 Property Utilities — DIC $5M xs of $10M $250,004.00 Included Above -100.00% 4 Equipment Breakdown $15,995.00 $16,350.89 2.22% 5 Terrorism $18,000.00 $18,000.00 0.00% 6 NCBR Terrorism $42,000.00 $38,850.00 -7.50% 7 Inland Marine $138,654.00 $111,252.00 -19.76% 8 Flood $12,074.00 $12,074.00 0.00% 9 Crime $7,009.40 $7,009.40 0.00% 10 Public Entity Excess Liability $261,900.00 $266,895.00 1.90% 11 Excess Workers Compensation - $750k SIR $403,771.00 $282,442.00 -30.04% 12 Cyber $50,429.30 $51,933.19 2.98% 14 Watercraft Hull / P&I $8,623.00 $18,314.00 112.39% 15 Watercraft Vessel Pollution Not Applicable $1,632.00 100% 16 Statutory AD&D $13,040.00 $5,067.00 -61.14% 17 Gallagher Fee upcoming renewals (Annual) $125,000.00 $125,000.00 0.00% $4,420,621.70 $3,544,435.48 Difference from Expiring -$877,818.22 -19.86% Conclusion We look forward to reviewing this proposal with you in detail and truly appreciate your business. Michael Gillon Erica Connick, ARM -13 Isabel Herbach Area President Area Senior Vice President Client Service Executive Page 66 of 439 9C File ID: 2626-580. Indian River County, Florida Memorandum Type: Consent Agenda Indian River County Administration Complex 1801 27th Street Veto Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 To: Board of County Commissioners Through: Michael Zito, Deputy County Administrator From: Bela Nagy, Director of Golf - Date: 04/02/2026 Subject: Sandridge Golf Course Group Policy Fee Increase Background: Indian River County owns and operates Sandridge Golf Club,,a 36 -hole daily fee golf facility. Over the past 5 years, revenue and round counts at Sandridge Golf Club have steadily risen to record numbers with over 130,000 annual rounds in fiscal year 2024-25. The Golf Club utilizes a tee time reservation system that allows patrons to book tee times 24 hours a day, 7 days per week. Tee times are available on a first come, first.serve basis and fall into 3 tiers of users. County resident cardholders pay an annual fee forthe privilege of making tee times up to 8 days in advance at a discounted rate. The general public is limited to making tee time reservations 4 days in advance at a non -discounted rate. The third tier includes organized user groups of 16 or more players who are all County cardholders. Three years ago, the Board adopted the inauguratGroup League Booking Policy and Group League Contract and the associated fee schedule. The surcharge is based on group size and the average cost per user as spread across the individuals within the organized group averaged $40 to $60 per user per year. Since Staff implemented the Group. League Booking Policy, groups and leagues have been able to reserve tee times up to one year in advance under a user group agreement. Since implementation of the policy, Staff has been able to balance the competing demand from groups and individual cardholders; however, the inaugural: fees need to be updated. Managed league play is beneficial to the efficient operations of the golf club and reduces wasted tee times. Analysis: Staff has collected over $40,000 annually from Group fees in each of the last three fiscal years with the new Group Policy Fee. Staff has placed a moratorium on newgroups as a 50% saturation of the tee sheet was achieved in Fiscal Year 2023-24. The increased Group fees will be implemented for Fiscal Year 2026-27; however, many groups leave for the summer and the Page 67 of 439 new fees need to be in place as many groups pay for the following year prior to leaving. Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Staff recommends that the Board of County Commissioners approve the updated fee schedule and amended Group Agreement. Attachments: 1. May 2, 2023 Consent Staff Report - Sandridge Golf Course Group Policy 2. Group. Contract 3. Updated Group policy Page 68 of 439 CurrentProposed Groups of 20-28 players $1,000.00 $1,250.00 Groups of 29-36 players $1,250.00 $1,500.00 3 Groups of 37-48 players $1,500.00 $1,750.00 Groups of 49-56 players $1,750.00 $2,000.00 Groups of 57 or more players $2,000.00 $2,250.00 Budgetary Impact: I There is no cost to implement the increased rates. This will result in additional revenues of approximately $8,000 per year. Previous Board Actions: Consent Agenda Item from May 2, 2023 Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Staff recommends that the Board of County Commissioners approve the updated fee schedule and amended Group Agreement. Attachments: 1. May 2, 2023 Consent Staff Report - Sandridge Golf Course Group Policy 2. Group. Contract 3. Updated Group policy Page 68 of 439 i a CONSENT AGEN BCC Meeting 05/02/2023 j �G INDIAN RIVER COUNTY, FLORIDA z AGENDAITEM Department of General Services j SANDRIDGE GOLF Date: April 21, 2023 To: The Honorable Board of County Commissioners Thru: Michael Zito, Assistant County Administrator Beth Powell, Interim General Services Director .. From: Bela Nagy, Golf Professional Sandridge Golf Club Subject: Sandridge Golf Course Group Policy BACKGROUND: Indian River County owns and operates Sandridge Golf Club, a 36 -hole daily fee golf facility. Over the past 5 years, revenue and round counts at Sandridge Golf Club have steadily risen to record numbers with over 119,000 annual rounds in fiscal year 2021-22. The Golf Club utilizes a tee time reservation system that allows patrons to book:tee times 24 hours a day, 7 -days per week. Tee times 1. are available on a first come, first serve basis: and fall into 3 tiers of users. County resident cardholders pay an annual fee for the privilege of making tee times up to '8: days in advance at a discounted rate. The general public. is limited to making tee time reservations 4 days in advance at anon -discounted rate. The third tier includes organized user groups. of 16 or more players who are often County cardholders. Group League play has traditionally enjoyed reserving tee times up to one year in advance under a user group agreement; to date Staff has been able to balance the competing demand from groups and individual cardholders. Group League play provides steady 4 revenue to the golf club during non -peak times. Managed league play is beneficial to the efficient operations of the golf club and reduces wasted tee times Sandridge Golf Club does not currently charge a league membership fee or a premium advance booking fee for groups. DESCRIPTIONS AND CONDITIONS: Traditionally, staff has maintained adequate spacing for Group League play, County Card holders, i and the general public to play. As these groups and the community have grown, toe gaps have narrowed. As demand for tee times continues to increase, especially during the peak season, the { need for a league play booking premium fee has become appropriate to place value onthe ability to reserve blocks of tee times up to 1 year in advance... County cardholders are limited to. one.tee time per day up to 8 days in advance. For Group Leagues wishing to continue with the practice of setting up advanced tee times and pre -book the year, it is proposed herein to establish a booking convenience fee to separate the Group League booking privilege from the County Cardholder tier. The goal is to have Group League play managed efficiently so that there are no wasted tee times, as well as to maintain a balance of tee time inventory for County Card holders and the general public. At the most recent assembly of the Florida Municipal Golf Association, Staff participated in a roundtable discussion with golf courses experiencing similar tee time reservation challenges. As a result, there are now several public: golf courses that .are evaluating a group reservation advance booking premium fee. Page 69 of 439 ANALYSIS: Staff has analyzed options for implementing a booking premium surcharge or other fee that would place value on the ability to reserve tee times up to 1 year in advance. It was determined that a booking convenience fee would be appropriate for Group League play. The average cost per user as spread across the individuals within the organized group and averages $20-$50 per user per year. The surcharge is proposed to be assessed based on group size. Staff proposes implementing a Group L ague premium booking fee as follows: Groups of 12 — 19 players $750.00 Groups of 20-29 players $1,000.00 Groups of 30-39 players $1,250.00 Groups of 40-49 players $1,500.00 Groups of 50-59 players $1,750.00 Groups of 60 or more players $2,000.00 The Group Leagues would be eligible to register and sign an agreement the first of October each year. The agreement will outline the Group League commitment, booking, and cancellation policies. RECOMMENDATION: Staff recommends that the Board of County Commissioners adopt the attached Group League Booking Policy, the associated fee schedule and the Group League Contract. ATTACHMENT(s): Proposed Sandridge Golf Club League Group Policy Proposed Sandridge Golf Club League Group Agreement APPROVED AGENDA ITEM FOR MAY 02, 2023 Page 70 of 439 Date: Group Name: Group Contact: Contact Phone #: Group Starting Date: Days Group Will Be Playing: 1 2. Preferred Starting Time: General Conditions Sandridge Golf Club Group League Contract Alternate Contact: Contact Phone#: Ending Date: Approximate # of players: Approximate # of players: A. This agreement is a guarantee to the value of each scheduled tee time on each day of play noted in this agreement. Cancellation must be made at least 24 hours in advance of the day of play. Otherwise, the group will be charged for the agreed upon number of players whether they show up or not. The Pro Shop personnel will not be responsible for cancellations. Please speak with either Bela Nagy, Director of Golf; Jon Clark, Manager of Golf Operations; or Kendall Hedgecock, Pro Shop Manager when possible. Voicemail is available if after hours. B. Sandridge Golf Club must be notified at least four (4) days in advance if there will be additional players or if the group needs to cancel completely. C. Each group must supplythe Pro Shop with a list of all players at least 30 minutes prior to the first tee time. PLEASE CALL (772)770-5000 TO MAKE CANCELLATIONS OR EMAIL: JClark@indianriver.gov Group League Booking Fees(Check One): 20-28 Players $1,250.00 29-36 Players $1,500.00 49-56 Players $2,000.00 Group Representative: Alternate Representative: Approved: 37-48 Players $1,750.00 57+ Players $2,250.00 Date: Date: Date: Page 71 of 439 SANDRIDGE GOLF CLUB GROUP LEAGUE BOOKING POLICY Group League bookings for 20 players or more only will be considered for group booking. Repeat Group League bookings will be assessed a booking convenience surcharge for the fiscal year beginning October 1" as follows: Groups of 20 — 28 players $1250.00 Groups of 29-36 players $1500.00 Groups of 37-48 players $1750.00 Groups of 49-56 players $2000.00 Groups of 57+ $2250.00 *ALL BOOKING CONVENIENCE SURCHARGES ARE PER DAY OF WEEK. NO SHOW/Cancelation Policy: Sandridge Golf Club realizes that there are many things that can come up in people's day to day lives. While truly sympathetic, the golf club cannot absorb the financial responsibility of players not showing up for booked tee times. We require a (24) hour advance notice to cancel any tee times, including reductions in group size. If change or cancellation is not made within this time -frame, the credit card holder is responsible for all applicable charges. When reservations are booked, it blocks out the available tee time in our reservation system and leaves us unable to make that time available for another player. We appreciate your understanding. It is our intention to continue to track no shows and for our groups, when the no show squares equal four players or more a letter will go out to the group leader notifying them of the cost for no shows that are being assessed (same as the public using credit cards to secure tee times). These fees will need to be paid within 10 days to prevent interruption in normally scheduled tee times. This is so that the policy can be applied equally to our groups as well as to the already implemented no show policy for the general public. We feel this will allow group leaders to collect from their member who caused the no show or for the group to evenly split the assessment. Group League Booking Cap Once a 50% saturation of the tee sheet occurs with group bookings, Sandridge Golf Club will not be able to accept any new groups. Only when a group cancels or decides not to renew for the next fiscal year will there be an opening for a new Group to be added. A waiting list will be established based on a first come, first served basis. Page 72 of 439 Jennifer W. Shuler From: Jennifer W. Shuler Sent: Thursday, April 16, 2026 5:28 PM To: John A. Titkanich Cc: Deryl Loar; Michael Zito; Marianne Thomas; Tressa Brewer, Christopher A. Hicks; Bela Nagy Subject: Item 9C Attachments: Agenda Item 2026 580 Resolution approving FY 2026 Group Fees.docx Hi John, As we discussed today at senior staff meeting, fee increases must be done by resolution. Based on this, Chris drafted a resolution to accompany Bela's Sandridge item. It is attached. I ask that this resolution be added to Item 9C and that the recommendation be amended to state: Staff recommends that the Board of County Commissioners approve the resolution updating the fee schedule and the amended Group League Contract. Jennifer W. Shuler County Attorney Board Certified in City, Countyand Local Government Law Indian River County 180127 th Street, BuildingA Vero Beach FL, 32960 (772)226-1426 PLEASE NOTE: Florida has a very broad public records law. Most written communications to or from County officials regarding county business are considered to be public records and will be made available to the public and the media upon request. Your email messages may, therefore, be subject to public disclosure. 12- RESOLUTION 2026- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, GROUP POLICY FEE SCHEDULE FOR SANDRIDGE GOLF COURSE. WHEREAS, Indian River County owns and operates Sandridge Golf Club, a 36 -hole daily fee golf facility; and WHEREAS, Over the past 5 years, revenue and round counts at Sandridge Golf Club have steadily risen to record numbers with over 130,000 annual rounds in fiscal year 2024-25; and WHEREAS, In 2023, the Board adopted the inaugural Group League Booking Policy and Group League Contract and the associated fee schedule and Group League Booking Policy; and WHEREAS, The Group League Contracts have been a successful addition and have allowed for more efficient operations of the club; and WHEREAS, The rate schedule needs updating to reflect current costs and needs of the club; and WHEREAS, Indian River County Code Section 102.10.3. requires that all rates and fees be adopted by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. The Board hereby adopts and approves the updated Group Policy Fee schedule to be implemented for Fiscal Year 2026-27: Groups of 20-28 players $1,250.00 Groups of 29-36 players $1,500.00 Groups of 37-48 players $1,750.00 Groups of 49-56 players $2,000.00 Groups of 57 or more players $2,250.00 1 RESOLUTION 2026 - The foregoing Resolution was offered by Commissioner and seconded by Commissioner and, upon being put to a vote, the vote was as follows: Chairman Deryl Loar Vice Chairman Laura Moss Commissioner Joseph Flescher Commissioner Joseph Earman Commissioner Susan Adams The Chairman thereupon declared the Resolution duly passed and adopted this _ day of April 2026. Attest: Ryan L. Butler, Clerk of Court and Comptroller By Deputy Clerk Approved: John A. Titkancih, Jr. County Administrator INDIAN RIVER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS Deryl Loar, Chairman Approved as to form and legal sufficiency: i Christopher Hicks Assistant County Attorney Indian River County, Florida Memorandum Indian River County Administration Complex 180127th Street Vero Beach, Florida 32960 Indian River County Website File ID: Type: Meeting Date: 2026-584 Consent Agenda April 21, 2026 To: Board of County Commissioners Through: Erik Harvey, Information Technology Director John Titkanich Jr., County Administrator From: Racheal Miller, Information Security Manager Date: 04/06/2026 Subject: FL[DS] Year 3 Grant Agreement Background: - - The Florida Digital Service (FL[DS]) serves as Florida's centralized digital transformation. and cybersecurity authority, responsible for managing the state's .Cybersecurity Operatioins Center, data interoperability: initiatives, and statewide technology procurement strategy. Under the Local Government Cybersecurity Grant Program,. FL[DS] administers a state -funded grant designed to enhance cybersecurity resilience across Florida's municipal and county governments. The grant model is non -monetary. Rather than distributing cash, FL[DS] procures select cybersecurity software and services on behalf of awardees. Recipients receive agreed-upon products directly. Indian River County has been awarded three cybersecurity tools under this program, as documented in the grant agreement. FL[DS] will coordinate procurement and delivery of the specified tools to strengthen our cybersecurity posture in alignment with state standards. Analysis: The FL[DS] grant provides an opportunity to strengthen the County's cybersecurity posture. Because the grant Product -based rather than monetary, theprimary obligations for the County involve accepting, implementing, and supporting the awarded cybersecurity tools in alignment with FL[DS] requirements. The awarded products will enhance several aspects of the County's cybersecurity posture, including unified vulnerability management, enhanced endpoint management and security, and improved reliability, performance, and protection of public -facing web services. i.' Page 73 of 439 Together, these capabilities improve the County's defensive posture, reduce operational risk, and support a more proactive cybersecurity strategy. The benefits gained represent a significant enhancement to our IT environment that would otherwise require substantial investment. Budgetary Impact: There is no budgetary impact for the current 25/26 FY as the tools are fully funded through the FL[DS] grant program and do not require a local match or cost share. FL[DS] has not yet released the final award value for the awarded cybersecurity tools. However, the County will be responsible for renewal and ongoing licensing costs beginning in the 26/27 FY. Expenses will depend on final licensing tiers, seat counts, and any state - negotiated pricing that may be available at the time of renewal. These costs will need to be incorporated into the 26/27 FY budget planning process to ensure continuity of the enhanced cybersecurity capabilities provided by the tools awarded. Previous Board Actions: N/A Potential Future Board Actions: The Board may be asked to act in future fiscal years to support the continued use of the cybersecurity tools provided through the FL[DS] grant. As the grant covers only the initial acquisition and first-year licensing, renewal of these tools will become a local financial responsibility beginning in the 26/27 FY. Future budget requests will be brought forward as part of the normal budgetary process. Additionally, depending on implementation outcomes and integration with existing systems, staff may bring forward future recommendations related to expanding, modifying, or supplementing the provided tools to support ongoing cybersecurity requirements. Strategic Plan Alignment: N/A Other Plan Alignment: N/A Staff Recommendation: Staff recommends approval of.the Florida Digital Service grant agreement to initiate procurement and deployment of the awarded cybersecurity tools. Accepting the agreement provides grant -funded enhancements to the County's cybersecurity infrastructure without requiring current -year expenditures. j Attachments: Page 74 of 439 None Page 75 of 439 9� AVER r Indian River Indian River County Q Administration Complex z 180127th Street County, Florida Vero Beach, Florida 32960 * d * Indian River County Website Memorandum File IDs Type: Meeting Date: 2026-585 Consent Agenda April 21, 2026 To: Board of County Commissioners Through: John Titkanich Jr., County. Administrator Sean Lieske, Utilities Director Howard Richards, Manager - Capital Projects From: Karrina Niemi Date: 04/07/2026 Subject: Approval of Florida Department of Environmental Projection Grant Agreement LGO11 for Orchid Island Estates Septic -to -Sewer Project and LGO10 for Hobart Landing Septic -to -Sewer Project, IRCDUS Project IDs 41.24.507 and 21.24.508 Background: The Indian River County Department of Utility Services (IRCDUS) is undertaking a multi-year septic -to -sewer program to convert residential and commercial properties using onsite sewage treatment and disposal systems (OSTDS), commonly referred to as septic systems, to connect with the IRCDUS sewer network. Septic -to -sewer projects are generally funded using multiple sources including, but not limited to, federal and state grants/funds, optional sales tax, and utility. assessments. Analysis: As part of its ongoing septic -to -sewer (S2S) program, IRCDUS has launched two projects: Orchid Island Estates S2S :Project and the Hobart Landing S2S Project. (It should be noted that the Orchid Island Estates S2S Project is incorporated into the Wabasso Island Utilities Improvement & S2S Conversions listed in the Water .& Sewer Capital Improvement Element.) The Orchid Island Estates S2S Project will connect 110 homes within Wabasso Island, while the Hobart Landing S2S Project will connect 53 homes and lots. In both communities, these properties are currently relying on septic systems. Upon completion, all converted properties in both project areas will be connected to the centralized sewer system owned and operated by IRCDUS. To support these efforts, IRCDUS :submitted water quality improvement grant proposals through the Florida Department of Environnsenial Protection (FDEP) under the Protecting Florida Together program. The Orchid Island Estates S2S Project was awarded $7,425,000, and.the Page 76 of 439 I HobartLanding S2S Project received $3,300,000. These funds will be distributed on a cost reimbursement basis and will require the execution of formal grant agreements. Since FDEP's notification of award, IRCDUS staff worked with the FDEP grant managers to provide information for preparation of the grant agreements including scopes, budgets, and schedules for projects. FDEP has provided the attached Standard Grant Agreements LGO11 and LGO10 for approval and signature by IRC. Budgetary Impact: There are no budget impacts associated with this agenda item, as this is only to execute the grant agreements. Previous Board Actions: None noted. Potential Future Board Actions: None noted. Strategic Plan Alignment: Environment: Advancing responsible environmental stewardship by protecting, conserving, and managing natural resources and by fostering environmental awareness. Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. Other Plan Alignment: None noted. Staff Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve Standard Grant Agreements with Florida Department of Environmental Protection, LGO 11 for $7,425,000 towards Orchid Island Estates Septic -to -Sewer Project and LGO10 for $3,300,000 towards Hobart Landing Septic -to -Sewer Project, and authorize the Chairman to sign them after review and approval by the County Attorney as to form and legal sufficiency. Attachments: 1. LGO10 - Agreement (Executed) 2. LGO10 For Signature 3. LGOI I -Agreement (Executed) 4. LGOI 1 For Signature Page 77 of 439 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Standard Grant Agreement . n11renan4 to anrtinw 1. Project Title (Project): Agreement Number: Hobart Landing Septic -to -Sewer Project LGO10 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Entity Type: Local Government Grantee Address: FEID: 59-6000674 1801 27th Street Vero Beach, Florida 32960 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution April 30, 2028 4. Project Number: Project Location(s): (If dierent from Agreement Number) Lit/Long: (27.7572, -80.4142) Project Description: The Grantee will design, obtain all required permits, and complete the construction of public sewer infrastructure for the Hobart Landing Septic -to -Sewer Project. 5. Total Amount of Funding: Funding .Source? Award #s or Line -Item Appropriations: Amount per Sources : $ 3,300,000.00 Total Amount of Funding + Grantee Match, if any: $ 3.300.000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Michelle Ramirez Name: Robert Tobar or successor or successor Address: Florida Dept. of Environmental Protection Address: 180127th Street 3900 Commonwealth Blvd., MS 3602 Vero Beach, FL 32960 Tallahassee, FL 32399-3000 Phone: 850-245-2818 Phone: (772) 226-1801 Email: Michelle.Ramirez@FloridaDEP.gov Email: rtobar@indianriver.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby inemmnrated by reference - 8 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements R Attachment 2: Special Terms and Conditions R Attachment 3: Grant Work Plan 8 Attachment 4: Public Records Requirements 8 Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at hhiW/facts.fldfa.om. in accordance with section 215,98s. F . ❑Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary):. 8 Exhibit A: Progress Report Form 0 Exhibit B: Property Reporting Form B Exhibit C: Payment Request Summary Form ❑ Exhibit: D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo Exhibit F: Common Carrier or Contracted Carrier. Attestation Form PUR1808. (State) DEP Agreement No. LGO10 B State ❑Federal IRL WQI, GAA LI 1711C, FY 23-24, GR $ 3,300,000.00 ❑ State t]Federal $ ❑ State ❑Federal $ n Grantee Match $ Total Amount of Funding + Grantee Match, if any: $ 3.300.000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Michelle Ramirez Name: Robert Tobar or successor or successor Address: Florida Dept. of Environmental Protection Address: 180127th Street 3900 Commonwealth Blvd., MS 3602 Vero Beach, FL 32960 Tallahassee, FL 32399-3000 Phone: 850-245-2818 Phone: (772) 226-1801 Email: Michelle.Ramirez@FloridaDEP.gov Email: rtobar@indianriver.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits which are hereby inemmnrated by reference - 8 Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements R Attachment 2: Special Terms and Conditions R Attachment 3: Grant Work Plan 8 Attachment 4: Public Records Requirements 8 Attachment 5: Special Audit Requirements ❑ Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at hhiW/facts.fldfa.om. in accordance with section 215,98s. F . ❑Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary):. 8 Exhibit A: Progress Report Form 0 Exhibit B: Property Reporting Form B Exhibit C: Payment Request Summary Form ❑ Exhibit: D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo Exhibit F: Common Carrier or Contracted Carrier. Attestation Form PUR1808. (State) DEP Agreement No. LGO10 ❑ Exhibit H: Non -Profit Organization Compensation Form (State) ❑ Exhibit I: Forced Labor Attestation Form ❑ Additional Exhibits (if necessary): 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) (1): Federal Award Identification Number(s) FAIN): Unique Entity Identifier UEI): Federal Award Date to Department: Federal Award Project Description: Total Federal Funds Obligated by this Agreement: Federal Awarding Agency: Award R&D? ❑ Yes ❑N/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Indian River County GRANTEE Sean Lieske, Director of Utility, Services Print Name and Title of Person Signing State of Florida Deartment of Environmental Protection DEPARTMENT Digitally signed by Angela Knecht By — Date: 2024.11.13 21:26:58 -05'00' Secretary or Designee Date Signed Angela Knecht, Director, Division of Water Restoration Assistance Print Name and Title of Person Signing ❑✓ Additional signatures attached on separate page. DEP Agreement No. LGO10 Rev.O'A8iS of 439 DWRA Additional Signatures Digitally signed by Michelle Ramirez Date: 2024.11.12 12:01:14 -05'00' Michelle Ramirez, DEP Grant Manager Digitally signed by Mitch Holmes Date: 2024.11.13 09:25:51 -05'00' Mitch Holmes, DEP QC Reviewer Page 80 of 439 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STANDARD TERMS AND CONDITIONS APPLICABLE TO GRANT AGREEMENTS ATTACI NAENT 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, M defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 14 Rev. 9/10/2024 Page 81 of 439 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 a 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 terns 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 s 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. j 6. Acceptance of Deliverables. 1 a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager j before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they will be deemed rejected. b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will ! be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made r 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 filly 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 ° o for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPS must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP. Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan:. Acceptance of the proposed CAP by Department Attachment 1 2of14 Rev. 9/10/2024 Page 82 of 439 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 flnther 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 fimds 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.mvfloridacfo.com/does-sf/accounting-and-auditutg-libraries/state- agencies/reference-guide-for-state-expenditures.pdf e. Rural Communities and Rural Areas of Opportunity. If Grantee, is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be directed to the. relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if: i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288:0656(2), F.S.; ii. Grantee demonstrates current financial hardship using one (1) or more of the. "economic distress" factors defined in subsection 288..0656(2)(6), 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 regulations) 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: huys://floridaiobs.ore/community-plamiing=and-develoument/rural- community-progras/rural-areas-of- opportunit�. - 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: L Allocated to be used during the full term of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. Attachment 1 3of14 Rev. 9/10/2024 Page 83 of 439 ii. Allocated under each payment by the public agency to be used for remuneration of any member of the board of directors or an officer of the Contractor. The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to.section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at . its discretion, if the completion. of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To .obtain the applicable interest rate, please refer to: httos://www.mvflaridacfo.com/division/aa/local-governments/judgement-interest-rates. 1. Refund of Payments to the Department. Any balance of unobligated funds that have been advanced or paid must be refunded to Department. Any fiords 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. Salmy/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., fiinge.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 shallclearly identify the personnel involved, salary rate per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required: to reimburse such funds to Department within thirty (30) days of written :notification. Interest shall be charged: on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements: set forth in chapters 273 and/or 274, F.S., and Chapter 691-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I43, F.A.C., as applicable. For grants funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a subcontract is subject to the requirements set forth in 2 CFR 200: The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. . For fixed-price (vendor) subcontracts, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed - Attachment 1 4of14 Rev. 9/10/2024 Page 84 of 439 price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive . procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract 1 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 -prise subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable.or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of j receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department j 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, r 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, j September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty j (30) days. 11. Retainage. i 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 wo4 performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions' � Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform Attachment 1 5of14 Rev. 9/10/2024 Page 85 of 439 that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is. suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Reguirements 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 finish 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 j proof of such.replacement coverage within ten (10) days after the cancellation of coverage. s 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 j everywhere the Agreement requires them to be added as an additional insured. . 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination. Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Attachment 1 6of14 Rev. 9/10/2024 Page 86 of 439 Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding, c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement;. g. Employment of an unauthorized alien in the performance. of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts ofGod, 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 fust Attachment 1 7of14 Rev. 9/10/2024 Page 87 of 439 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 a FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No j 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, indirea, { 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 j 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. 3 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 j 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 s negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a i 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, j 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 j no greater than the sum of the unpaid balance of compensation due for goods or services rendered pursuant to and in I compliance with the terms of the Agreement. Such liability is further limited to a cap of $100,000. i 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 j remedies for other types of damages under the Agreement, at law or in equity. The Department may, in addition to other remedies available to it, at law or in equity and upon notice to Grantee, retain such monies from amounts due Grantee as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against it. 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. Attachment 1 8of14 Rev. 9/10/2024 Page 88 of 439 22. Statutory Notices Relating to Unauthorized Employment and Subcontracts. a. The Department shall consider the employment by any Grantee of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationality Act. If Grantee/subcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the fallowing restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has. been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or; services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where Attachment 1 9of14 Rev. 9/10/2024 Page 89 of 439 there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and c. All construction materials are manufactured in the United States -this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, Jt does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the constructionsite 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; hos://www.Cpa.goy/investlinvesting 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 itis 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,FF S., the Department.may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Attachment 1 10 of 14 Rev. 9/10/2024 Page 90 of 439 Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the terra of the. Agreement. c. As provided in subsection 287.135(8), F.S.; if :federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreementwill 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 compensationregarding 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 a the event that any work is subcontracted, Grantee shall similarly require .each subcontractor to maintain and allow j access to such records for audit purposes. Upon request of Department's Inspector General, or other authorized State official, Grantee shall provide any type of information the Inspector General deems relevant to Grantee's integrity or responsibility. Such information may include, but shall not be limited to, Grantee's business or financial records, documents, or files of any type or form that refer to or relate to Agreement. The Grantee shall retain such records for the longer of. (1) three years after the expiration of the Agreement; or (2) the period required.by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.mygorida.c2Mdibrga.-archives/records-management/general-records-schedulesn: 19. 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 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 shallconsider the type of fmancial assistance (federal,and/or state) identified in Attachment 5, Exhibit I and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR: §200.331 for determining whether + the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website https:\\apps.fldfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Department may periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation. guidelines) and federal, if applicable.: i Allowable costs and uniform administrative requirements for federal programs can be found under. 2: CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead; :indirect, Attachment 1 . i 11 of 14 Rev. 9/10/2024 Page 91 of 439 general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty (30) days of such request. e. No Comminghn¢ 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. L If Department finds that these funds have been commingled, Department shall have the right to demand a refund, either in whole or in part, of the funds provided to Grantee under this Agreement for non-compliance with the material terms of this Agreement. The Grantee, upon such written notification from Department shall refund, and shall forthwith pay to Department, the amount of money demanded by Department. Interest on any refund shall be calculated based on the prevailing rate used by the State Board of Administration. Interest shall be calculated from the date(s) the original payment(s) are received from Department by Grantee to the date repayment is made by Grantee to Department. ii. in the event that the Grantee recovers costs, incurred under this Agreement and reimbursed by Department, from another source(s), Grantee shall reimburse Department for all recovered funds originally provided under this Agreement and interest shall be charged for those recovered costs as calculated on from the date(s) the payment(s) are recovered by Grantee to the date repayment is made to Department. iii. Notwithstanding the requirements of this section, the above restrictions on commingling funds do not apply to agreements where payments are made purely on a cost reimbursement basis. 30. Conflict of Interest. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 31. Independent Contractor. The Grantee is an independent contractor and is not an employee or agent of Department. 32. Subcontracting. a. Unless otherwise specified in the Special Terms and Conditions, all services contracted for are to be performed solely by Grantee. b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor, or agent. For cause, includes, but is not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with an applicable Department policy or other requirement. c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. d. The Department's actions under paragraphs b. or c. shall not relieve. Grantee of its obligation to perform all work in compliance with the Agreement. The Grantee shall be responsible for the payment"of all monies due under any subcontract. The Department shall not be liable to any subcontractor for any expenses or. liabilities incurred under any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract. e. The Department will not deny Grantee's employees, subcontractors, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. The Department supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State. A list of minority-owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Development at (850) 487-0915. g. The Grantee shall not be liable for any excess costs for a,failure to perform, if the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s), and without the fault or negligence of either, unless the subcontracted products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee Attachment 1 12 of 14 Rev. 9/10/2024 Page 92 of 439 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This I 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. i If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions j are severable to that void provision, and shall remain in full force and effect. 37. Grantee's Employees, Subcontractors and Agents. j All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combination of State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailing. the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of,. any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. . Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extend authorized by federal law, the Department, its grantees, contractors and subcontractors shall give preference to food commodities grown or produced in this state when purchasing food commodities, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product. 42. Anti-human Trafficking. Attachment 1 13 of 14 Rev. 9/10/2024. Page 93 of 439 If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06, F.S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to be used in a public works project, any iron or steel permanently incorporated in the Project must be `produced in the United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality; (2) the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent (20%); or (3) complying with this requirement is inconsistent with the public interest Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if: (1) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and (2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%) of the total Project Cost under this Agreement or $2,500, whichever is greater. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system that are necessary for operation or concealment (excepting transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from the requirements of this paragraph. This provision shall be applied in a manner consistent with and may not be construed to impair the state's obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current, complete, and accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 14 of 14 Rev. 9/10/2024 Page 94 of 439 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LGO10 ATTACEMIENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope. of Work. The Project funded under this Agreement is Hobart Landing Septic -to -Sewer Project. The Project is defined in more detail in Attachment 3, Grant Work Plan. 2. Duration. .a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2023 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. _ c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category p ❑ Salaries/Wages Overhead/Indirect/Genend and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. ❑x ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements. There is no match required on the part of the Grantee under this Agreement. Attachment 2 1 of 3 Rev. 3/11/24 Page 95 of 439 8. Insurance Requirements. Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage Workers' Compensation and Employees Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage -is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract execution. If Contractor is a common carrier pursuant to section 908.11 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 Attachment 2 2 of 3 Rev. 3/11/24 Page 96 of 419 r i transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. Any terms added here must be approved br the Office of General Counsel. Attachment 2 3 of 3 Rev. 3/11/24 Page 97 of 439 ATTACIEVIENT 3 GRANT WORK PLAN PROJECT TITLE: Hobart Landing Septic -to -Sewer Project PROJECT LOCATION: The Project will be located in Vero Beach, FL within Indian River County; Lat/Long (27.7572, -80.4142). See Figure 1 for a site map. PROJECT BACKGROUND: The Hobart Landing residential community consists of approximately 53 homes in the unincorporated area of Indian River County (Grantee). These homes are located in the Central Indian River Lagoon (Central IRL) basin management action plan (BMAP) area, and they are currently using individual septic systems. These septic tanks leach harmful nutrient loads into the groundwater connecting to the Central IRL, which is considered an impaired watershed. The construction of public sewer infrastructure for these homes will allow for future expansion of the County's sanitary sewer system. The completion of this project will ultimately result in restoration efforts of water quality to the Central IRL by reducing an estimated 1,400 pounds per year (lb/year) of total nitrogen. PROJECT DESCRIPTION: The Grantee will design, obtain all required permits, and construct approximately 6,400 linear feet of public sewer infrastructure that consists of new sewer mains and lateral stub -outs for approximately 53 homes/lots in the Hobart Landing residential community. The completion of the design phase will determine if force main and a lift station is needed for the construction phase of the project. The DEP Grant Funds associated with this Agreement were awarded based on local contributions pledged towards the total project costs: $1,100,000.00 from Indian River County. A summary of the local contributions will be required in the Final Quarterly Progress Report, and financial supporting documentation shall be provided upon request. TASKS: All documentation should be submitted electronically unless otherwise indicated, and should be submitted prior to the expiration of the grant agreement. Task 1: Commitment to Basin Management Action Plan (BMAP) Deliverables: The Grantee will submit an official letter to the Department's Division of Environmental Assessment and Restoration indicating its commitment to completing this project and requesting this project be included in the Central Indian River Lagoon BMAP. Documentation: The Grantee will submit a signed copy of this letter to the Department's Grant Manager. Performance Standard: The Department's Grant Manager will review the copy of the letter to ensure it indicates the Grantee's commitment to completing this project and contains a request for this project to be included in the appropriate BMAP. Approval by the Department will be indicated by written acceptance by the Department's Grant Manager. Financial Consequences: The Grantee may not proceed with any other tasks in this Agreement until written acceptance of the deliverable is provided by the Department's Grant Manager. Additional Financial Consequences: The Department's Grant Manager must receive and accept the official letter prior to the processing of reimbursement requests for any other tasks. Payment Request Schedule: There is no reimbursement specifically for this task. DEP Agreement No. LG010, Attachment 3, Page 1 of 4 Page 98 of 439 Task 2: Preconstruction Activities Deliverables: Utilizing Progressive Design Build delivery method, the Grantee will complete the design, obtain all necessary permits for construction of the project, and develop a Guaranteed Maximum Price (GMP) to construct the Hobart Landing Septic -to -Sewer Project. Activities necessary for design, such as surveys, geotechnical evaluations, and environmental assessments, are eligible under this task. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, including the percentage of design complete and permitting status, using the format provided by the Department's Grant Manager. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task, a list of all required permits identifying issue dates and issuing authorities, and copies of any surveys, assessments, or other documents funded under this task. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 3: Project Management Deliverables: The Grantee will provide project management services related to Hobart Landing Septic -to - Sewer Project, to include review of documents and forms, budget oversight, preparation and submittal of quarterly progress reports, processing of payment requests and related documentation, field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 4: Construction Deliverables: The Grantee will construct Hobart Landing Septic -to -Sewer Project in accordance with the construction contract documents. The Grantee will submit through the Department's GIS web'. -interface data collection tool, parcel -level data identifying collection system extensions; lift stations and other infrastructure associated with the grant; and both the parcels connected to sewer and the parcels where sewer has been made available for connection but not yet connected along with associated grant information. Pursuant to section 381.00655, Florida Statutes, for any parcels for which sewer was made available, but for which connection has not yet been made, the Grantee will notify in writing owners of such parcels that the system is available for connection and that they must connect to the installed sewer system within 365 days of such written notification. DEP Agreement No. LGO10, Attachment 3, Page 2 of 4 Page 99 of 439 Documentation: The Grantee will submit: 1) a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. For the final documentation, the Grantee will also submit: 2) an email from the Department's GIS web -interface data collection tool, confirming that data for the project has been submitted; and 3) one copy of a notification letter and a signed statement by the grant manager that notifications to all parcels for which sewer is available, but not yet connected, was sent. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. For any Task with a Budget Category of Contractual Services, the Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Task Budget Grant Task Task No. Task Title jr-Category_ - Amount Start Date End Date Commitment to Basin 1 Management Action Plan No -Cost SO 07/01/2023 12/31/2025 Deliverable BMAP 2 Preconstruction Activities Contractual $440,000 07/01/2023 01/31/2026 Services 3 Project. Management Contractual $220,000 07/01/2023 10131/2027 Services 4 Construction Contractual $2,640,000 07/01/2023 10/31/2027 Total: $3,300,000 DEP Agreement No. LGO 10, Attachment 3, Page 3 of 4 Page 100 of 439 rn M V O O a cz CL STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 1. Public Records. a. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, -letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement ,(Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(1), F.S. b. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 2. Additional Public Records Duties of Section 119.0701, F.S., If Applicable. For the purposes of this paragraph, the term "contract" means the "Agreement." If Grantee is a "contractor" as defined in section 119.0701(1)(a), F.S., the following provisions apply and the contractor shall: a. Keep and maintain Public Records required by Department to perform the service. b. Upon request, provide Department with a copy of requested Public Records or allow the Public Records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. c. A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to penalties under section 119.10, F.S. d. Ensure that Public Records that are exempt or confidential and exempt from Public Records disclosure requirements are not disclosed except as authorized by law forthe duration ofthe 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, j upon request from Department's custodian of Public Records, in a format specified by Department as compatible with the information technology systems of Department. These formatting requirements are satisfied by using the data formats as authorized in the contract or Microsoft Word, Outlook, Adobe, or Excel, and any software formats the contractor is authorized to access. f IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, F.S., TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT: Telephone: (850) 245-2118 Email: public.services(a),floridadep.gov Mailing Address: Department of:Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 l of 1 Rev. 4/27/2018 Page 102 of 439 STATE OF FLOREDA 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 j 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 j 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 1. A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, ;must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental. Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the { guidelines established in 2 CFR 200.502-505. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this: part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $1,000,000 in federal .awards in its fiscal year and elects to havean 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. 111, 4. The recipient may access:information regarding. the Catalog of Federal Domestic Assistance (CFDA) via the internet at httns://sam. ovg /cotitent!assistance-listings. Attachment 5 1 of 6 BGS -DEP 55-215 revised 10/01/24 Page 103 of 439 j PART IL• 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 R, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2),_ Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending. June 30, 2017, and thereafter),: an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost,of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (C FA), a recipient should access the Florida Single Audit Act website located at https://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the, following websites may be accessed for information;, Legislature's Website at http://www.leg.state.fl.us/Welcome/index.cfm, State of Florida's website at h9�-//www.myfloridac corn/: Department of Financial Services' Website at htgi://www.fldfs.com/and the Auditor General's Website at htt_p://www.mvflorida. com/audgen/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck 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 byFederal or State laws.:. and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215:97(8), Florida Statutes, j 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 thefull cost ofsuch additional audits.) 1 PART IV: REPORT SUBMISSION 1. 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 j 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 y 2 CFR §200.501(a) should be submitted to the Federal Audit Clearinghouse), at the following address: Attachment 5:: 2of6 BGS -DEP 55-215 revised 10/01/24 Page. .104 of 43 By Mail: Federal Audit Clearinghouse Bureau of the Census i 1201 East 10th Street Jeffersonville, IN 47132 i 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 ho://harvester.census.izov/fkcweb/ I 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 CommonwealthBoulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAuditAft.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 (haDd/flauditor.govn provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipientdirectly 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 4.0 . 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: . FDEPSin le�t(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 - Sof6 BGS -DEP 55-215 revised 10/01/24 Page 105 of 439 Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 .(local governmental entities) and 10.650 (non and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 revised 10/01/24 Page 106 of 439 z i P t3 O a 0 0 lu +0+ • cl O N Y O w cn t� wo 0 cn 0 aU 0 aU 0 Q o d o O a) O l Y ° a 0 N Q 69 d 69 t0. ,O b O b � N w N O w O Q) o w w cr N U � N NtcN .U. � Q Q o a+ U U ci .y. 0 U ei C Lr Q cr Q d Uz U u U a a �U 6J •, o o uli N aU+ � M S-4 +0 + CIL d U w v�ww Q w v�ww � � w 3 � w � w d .p ria U 7 0 Ri L ed L 6 7A Q 6 fq L 6 bD Qa Awa ^C L .b L wa w P t3 O a Q rn M w O r - O r N (0 a lu N w wo 0 0 0 0 N o ` o a) l Y ° a 0 N t0. ,O N N O O Q) o w w cr N U � N NtcN .U. ci ei cr 7Ur U 1Ui U •, o o uli N aU+ � M S-4 U U U w v�ww w v�ww b CD Q OA ai wa .p ria Q rn M w O r - O r N (0 a O O O la a a C! V W rA Vl � v o a a C L .0 O a � � Q v � Q , 6�i PC q oo� r N tA Q an W Lw C N O W W f tu ami bo WC� rA v u y� O a C C U p Q 1:6 4.OU w � 6 � � wa U(AL M U Z M U Z w Q 0 It N h C 0 ca U N C 0 a o i p s. b d q� Q a d4.PCs Q o 04 � b y QA� � Q A as U U u L y a a a oa'o0 w tj 'v v a Q oc Q PC u, w d a�oa Aw a �a O O a a C! V W rA Vl � v o C .0 y v � Q , w ° q oo� r N o an 4• .� N cd tu F bo WC� rA v u y� V 0 C U p Q 1:6 4.OU w � 6 . w. y wa U(AL M as Z M U Z Q It N ca N 0 a o i p b d q� Q a d4.PCs Q o 04 � b QA� Q W u y a a oa'o0 om tj C! V W rA Vl � v o .0 y eo w ° °' b erg an 4• .� cd F bo WC� •.. [0�0 " v u y� a 12� p Q 1:6 4.OU w � 6 . w. 2 d .� cayy 13 V •M.y�_ ca o i p t t3t � d q� gip S pp 0rA C o 04 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form The current Exhibit A, Progress Report Form for this grant can be found on the Department's website at this link: hMs://floridadeR.gov/wra/wra/documents/t)rogess-ret)ort-form Please use the most current form found on the website, linked above, for each progress report submitted for this:project. Exhibit. A, :Page I of 1 Rev. 0-1/19/24' 439 Pa e1Q9 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: https://floridafle2.gov/wra/wra/documents/pavment-request-summary form Please use the most current form found on the website, linked above, for each payment request. Rev. 12/02/19 Page 110 of 439 FLORIDA DEPARTMENT OF ENVIROM ENTAL PROTECTION GRANT AGREEMENT LG030 Grant Agreement Form LG010 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY: By: Deryl Loar, Chairman BCC Approval Date: By: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: By: Christopher A. Hicks, Assistant County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk Page 111 of 439 STATE OF FLORIDA 3 DEPARTMENT OF ENVIRONMENTAL PROTECTION: { Standard Grant. A went. ❑ State ❑Federal This Agreement is entered into between the Parties named below t to section 215.97:1 Florida Statutes: 1. Project Title (Project): Agreement Number: Orchid Island Estates Septic -to -Sewer Project LG011 2. Parties :. State of Florida Department of Environmental Protection, 3900: Commonwealth Boulevard (Department Tallahassee, Florida 32399-3000 Grantee Name: Indian River County Entity Type: Local Government j Grantee Address: FEID: 59-6000674 + 180127th Street Vero Beach, Florida 32960 (Grantee} 3. Agreement Begin Date: Date of Expiration: Upon Execution April 30, 2029 4. Project Number: Project Location(s): pfdi,¢erent from Agreement Number) Lat/Long: (27.7561, -80.4119) Project Description: The Grantee will design, obtain all required permits, and complete the construction of public sewer infrastructure for the Orchid Island Estates Septic -to -Sewer Project. i 5. Total Amount of Funding: $ 7,425,000.00 Funding Source? Award #s or Line -Item Appropriations: Amount per Sources :~ ® State ❑Federal IRL:WQI, GAA LI 1711C, FY 23-24, GR $ 7,425,000.06 ❑ State ❑Federal $ ❑ State ❑Federal ❑ Grantee Match $ $ Total Amount of Funding + Grantee Match, if any: S 7,425,000.00 6. Department's Grant Manager Grantee's Grant Manager Name: Michelle Ramirez Name: Robert J. Tobar e or successor or successor 1. i Address: Florida Dept. of Environmental Protection Address: Indian River County BCC J7VV %,UMMUUWV4ULU DIVU., 1rIO Jvvfi. ... IOUX L/t:H Otrrxt - - - Tallahassee, FL 32399-3000 Vero Beach, FL 32960 Phone: 850-245-2818 Phone: 772-226-1801 :Email: NUcheHe.RamIrez@FloridaDEP.gov Email: rtobar@indianriver ov 7. The Parties agree to comply with the terms and conditions of the following attachments and exh b' which are hereby incorporated b reference: R Attachment 1: Standard Terns and Conditions Applicable to All Grants Agreements R Attachment 2: Special Terms and Conditions B Attachment 3: Grant Work Plan 8 Attachment 4: Public Records Requirements R Attachment 5: Special Audit Requirements : 1 ❑ Attachment 6:= Program -Specific R uirements Requirements ❑ Attachment 7: Grant Award Terris (Federal) -copy available at httos://facts.fldfs.29m, in accordance with section 215.985, F.�- ❑ Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary) 8 Exhibit A: Progress Report Form ❑, Exhibit B: Property Reporting Form P rty Ertl g 9 Exhibit C: Payment.Request Summary Form ❑ Exhibit D:: Quality Assurance Requirements 0 Exhibit E: Advance Payment Terms and Interest Earned Memo ❑ Exhibit F: Common Carrier or Contracted Carrier Attestation Form PURIS08 (State) DEP Agreement No. LGO11 P&16iYR'439 ❑ Exhibit H: Non -Profit Organization Compensation Form (State) ❑ Exhibit I: Forced Labor Attestation Form ❑ Additional Exhibits (if necessary): 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 (a) ((1): Federal Award Identification Numbers (FAIN): 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 RN/A IN WITNESS WHEREOF, this Agreement shall be effective on the date indicated by the Agreement Begin Date unless another date is specified in the grant documents. Indian River County GRANTEE Grantee Name /7 IM Sean Lieske, Director, Department of Utility Service$ Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT t Digitally signed by Angela Knecht — - By ,�te: 2024.11.13 21:18:07 -05'00' Secretary or Designee Date Signed Angela Knecht, Director, Division of Water Restoration Assistance Print Name and Title of Person Sienine ❑✓ Additional signatures attached on separate page DLP agreement No. LGOII Rcv:6 t� 13 OF 439 DWRA Additional Signatures Page 114 of 439 Digitally signed by Michelle Ramirez Date: 2024.11.12 12:09:04 -05'00' Michelle Ramirez, DEP Grant Manager Digitally signed by Mitch Holmes Date: 2024.11.1316:30:06 -05'00' Mitch Holmes, DEP QC Reviewer Page 114 of 439 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 fimding transfers between approved budget categories, as defined in Attachment 3, Grant Work Plan, that exceeds or is expected to exceed twenty percent (20%) of the total budget as last approved by Department. A change order to this Agreement may be used when: (1) task timelines within the current authorized Agreement period change; (2) the cumulative transfer of funds between approved budget categories, as defined in Attachment 3, Grant Work Plan, are less than twenty percent (20%) of the total budget as last approved by Department; (3) changing the current funding source as stated in the Standard Grant Agreement; and/or (4) fund transfers between budget categories for the purposes of meeting match requirements. This Agreement may be amended to provide for additional services if additional funding is made available by the Legislature. e. All days in this Agreement are calendar days unless otherwise specified. 3. Agreement Duration. The term of the Agreement shall begin and end on the dates indicated in the Standard Grant Agreement, unless extended or terminated earlier in accordance with the applicable terms and conditions. The Grantee shall be eligible for reimbursement for work performed on or after the date of execution through the expiration date of this Agreement, unless otherwise specified in Attachment 2, Special Terms and Conditions. However, work performed prior to the execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. Attachment 1 1 of 14 Rev. 9/10/2024 Page 115 of 439 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 j 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. I The Grantee warrants that: (1) the services will be performed by qualified personnel; (2) the services will be of the j land and quality described in the Grant Work Plan; (3) the services will be performed in a professional and j 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 1 be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment .for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Payment. In addition to the specific consequences explained in the Grant Work Plan and/or Special Terms and Conditions, the State of Florida (State) reserves the right to withhold payment when the Grantee has failed to perform/comply with provisions of this Agreement. None of the financial consequences for nonperformance in this Agreement as more fully described in the Grant Work Plan shall be considered penalties. b. Invoice reduction If Grantee does not meet a deadline for any deliverable, the Department will reduce the invoice by 1% for each day the deadline is missed, unless an extension is approved in writing by the Department. c. Corrective Action Plan. If Grantee fails to correct all the deficiencies in a rejected deliverable within the specified timeframe, Department may, in its sole discretion, request that a proposed Corrective Action Plan (CAP) be submitted by Grantee to Department. The Department requests that Grantee specify the outstanding deficiencies in the CAP. All CAPs must be able to be implemented and performed in no more than sixty (60) calendar days. i. The Grantee shall submit a CAP within ten (10) days of the date of the written request from Department. The CAP shall be sent to the Department's Grant Manager for review and approval. Within ten (10) days of receipt of a CAP, Department shall notify Grantee in writing whether the CAP proposed has been accepted. If the CAP is not accepted, Grantee shall have ten (10) days from receipt of Department letter rejecting the proposal to submit a revised proposed CAP.: Failure to obtain Department approval of a CAP as specified above may result in Department's termination of this Agreement for cause as authorized in this Agreement. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department Attachment 1 2of14 Rev. 9/10/2024 Page 116 of 439 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 NO 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 fromthis 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: hos://www.m 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" pportunity (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 Ob56O(c), F.S.; iii. Grantee'sperformance 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 'fohowing;,web address; hos: //fl oridaiobs,orgJcommunity-planning,-and-develomnent/rural-community-programs%rural-areas-of- ouuortunity. f Invoice Detail. All charges for services rendered.or .for reimbursement of expenses authorized by Department pursuant to the Grant Work Plan shall be submitted to Department in sufficient detail for a proper pre -audit and post -audit to be performed. The Grantee shall only invoice Department for deliverables that are completed in accordance with the Grant Work Plan. g. State Funds Documentation. Pursuant to section 216:1366, F.S., if Contractor meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Contractor must -provide the Department with documentation that indicates the amount of state funds: i. Allocated to be used during the full term. of the contract or agreement for remuneration to any member of the board of directors or an officer of Contractor. Attachment 1 3of14 Rev. 9/10/2024 Page 117 of 439 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. i The documentation must indicate the amounts and recipients of the remuneration. Such information must be posted on the State's the contract tracking system and maintained pursuant to section 215.985, F.S., and must be posted on the Contractor's website, if Contractor maintains a website. h. Interim Payments. Interim payments may be made by Department, at its discretion, if the completion of deliverables to date have first been accepted in writing by Department's Grant Manager. i. Final Payment Request. A final payment request should be submitted to Department no later than sixty (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. I j. Annual Appropriation Contin eg ncy. 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: t httns://www.mvfiotidacfo.com/division/aa/local-govermments/iudeement-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 Terns 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. I 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 i per hour, and hours spent on the Project. All eligible multipliers used (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates) shall be supported by audit. If Department determines that multipliers charged by any subcontractor exceeded the rates supported by audit, Grantee shall be required to reimburse such funds to Department within thirty (30) days of written notification. Interest shall be charged on the excessive rate. Nonconsumable and/or nonexpendable personal property or equipment costing $5,000 or more purchased for the Project under a subcontract is subject to the requirements_set forth in chapters 273 and/or 274, F.S.., and Chapter 691-72, Florida Administrative Code (F.A.C) and/or Chapter 69143, F.A.C., as applicable. For grants funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project under a subcontract is subject to the requirements:set forth in 2 CFR 200: The Grantee shall be responsible for maintaining appropriate property records for any subcontracts that include the purchase of equipment as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts issued under this Agreement, if any, impose this requirement, in writing, on its subcontractors. i. For fixed-price (vendor) subcontracts, the following provisions shall apply:: The Grantee may award, on a competitive basis, fixed-price subcontracts to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed- j Attachment 1 a 4of14 Rev. 9/10/2024 Page 118 of price subcontracted activities shall be supported with a copy of the subcontractor's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract. The Grantee may request approval from Department to award a fixed-price subcontract resulting from procurement methods other than those identified above. In this instance, Grantee shall request the advance written approval from Department's Grant Manager of the fixed price negotiated by Grantee. The letter of request shall be supported by a detailed budget and Scope of Services to be performed by the subcontractor. Upon receipt of Department Grant Manager's approval of the fixed-price amount, Grantee may proceed in finalizing the fixed-price subcontract. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S. or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For ' grants funded fully with federal funds, equipment is defined as capital outlay costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department, and does not include any equipment purchased under the delivery of services to be completed by a subcontractor. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form f. Rental/Lease of Equipment. Match or reimbursement requests for rental/lease of equipment must include copies of invoices or receipts to document charges. g. Miscellaneous/Other Expenses. If miscellaneous or other expenses, such as materials, supplies, non -excluded phone expenses, reproduction, or mailing, are reimbursable or available for match or reimbursement under the terms of this Agreement, the documentation supporting these expenses must be itemized and include copies of receipts or invoices. Additionally, independent of Grantee's contract obligations to its subcontractor, Department shall not reimburse any of the following types of charges: cell phone usage; attorney's fees or court costs; civil or administrative penalties; or handling fees, such as set percent overages associated with purchasing supplies or equipment. h. Land Acquisition. Reimbursement for the costs associated with acquiring interest and/or rights to real property (including access rights through ingresslegress 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 requireml nts, 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 Foran, to Department's Grant Manager describing the work performed during the reporting period, problems encountered, problem resolutions, scheduled updates, and proposed work for the next. reporting period. Quarterly status reports are due no later than twenty (20) days following the completion of the quarterly reporting period. For the purposes of this reporting requirement, the quarterly reporting periods end on March 31, June 30, September 30 and December 31. The Department will review the required reports submitted by Grantee within thirty (30) days. 11. Retainage. The following provisions apply if Department withholds retainage under this Agreement: a. The Department reserves the right to establish the amount and application of retainage on the work performed under this Agreement up to the maximum percentage described in Attachment 2, Special Terms and Conditions. Retainage may be withheld from each payment to Grantee pending satisfactory completion of work and approval of all deliverables. b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed. The Department shall provide written notification to Grantee of the failure to perform Attachment 1 5of14 Rev. 9/10/2024 Page 119 of 439 that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended. d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for Sub -Grantees and/or Subcontractors. The Grantee shall require its sub -grantees and/or subcontractors, if any, to maintain insurance coverage of such types and with such terms and limits as described in this Agreement. The Grantee shall require all its sub -grantees and/or subcontractors, if any, to make compliance with the insurance requirements of this Agreement a condition of all contracts that are related to this Agreement. Sub -grantees and/or subcontractors must provide proof of insurance upon request. b. Deductibles. The Department shall be exempt from, and in no way liable for, any sums of money representing a deductible in any insurance policy. The payment of such deductible shall be the sole responsibility of the Grantee providing such insurance. c. Proof of Insurance. Upon execution of this Agreement, Grantee shall provide Department documentation demonstrating the existence and amount for each type of applicable insurance coverage prior to performance of any work under this Agreement. Upon receipt of written request from Department, Grantee shall furnish Department with proof of applicable insurance coverage by standard form certificates of insurance, a self- insured authorization, or other certification of self-insurance. d. Duty to Maintain Coverage. In the event that any applicable coverage is cancelled by the insurer for any reason, or if Grantee cannot get adequate coverage, Grantee shall immediately notify Department of such cancellation and shall obtain adequate replacement coverage conforming to the requirements herein and provide proof of such replacement coverage within ten (10) days after the cancellation of coverage. e. Insurance Trust. If the Grantee's insurance is provided through an insurance trust, the Grantee shall instead add the Department of Environmental Protection, its employees, and officers as an additional covered party everywhere the Agreement requires them to be added as an additional insured. 13. Termination. a. Termination for Convenience. When it is in the State's best interest, Department may, at its sole discretion, terminate the Agreement in whole or in part by giving 30 days' written notice to Grantee. The Department shall notify Grantee of the termination for convenience with instructions as to the effective date of termination or the specific stage of work at which the Agreement is to be terminated. The Grantee must submit all invoices for work to be paid under this Agreement within thirty (30) days of the effective date of termination. The Department shall not pay any invoices received after thirty (30) days of the effective date of termination. b. Termination for Cause. The Department may terminate this Agreement if any of the events of default described in the Events of Default provisions below occur or in the event that Grantee fails to fulfill any of its other obligations under this Agreement. If, after termination, it is determined that Grantee was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of Department. The rights and remedies of Department in this clause are in addition to any other rights and remedies provided by law or under this Agreement. c. Grantee Obligations upon Notice of Termination. After receipt of a notice of termination or partial termination unless as otherwise directed by Department, Grantee shall not furnish any service or deliverable on the date, and to the extent specified, in the notice. However, Grantee shall continue work on any portion of the Agreement not terminated. If the Agreement is terminated before performance is completed, Grantee shall be paid only for that work satisfactorily performed for which costs can be substantiated. The Grantee shall not be entitled to recover any cancellation charges or lost profits. d. Continuation of Prepaid Services. If Department has paid for any services prior to the expiration, cancellation, or termination of the Agreement, Grantee shall continue to provide Department with those services for which it has already been paid or, at Department's discretion, Grantee shall provide a.refund for services that have been paid for but not rendered. e. Transition of Services Upon Termination. Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequentprovider(O. This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Attachment 1 6of14 Rev. 9/10/2024 Page 120 of 439 Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 15. Events of Default. Provided such failure is not the fault of Department or outside the reasonable control of Grantee, the following non- exclusive list of events, acts, or omissions, shall constitute events of default: a. The commitment of any material breach of this Agreement by Grantee, including failure to timely deliver a material deliverable, failure to perform the minimal level of services required for a deliverable, discontinuance of the performance of the work, failure to resume work that has-been discontinued within a reasonable time after notice to do so, or abandonment of the Agreement; b. The commitment of any material misrepresentation or omission in any materials, or discovery by the Department of such, made by the Grantee in this Agreement or in its application for funding; _ c. Failure to submit any of the reports required by this Agreement or having submitted any report with incorrect, incomplete, or insufficient information; d. Failure to honor any term of the Agreement; e. Failure to abide by any statutory, regulatory, or licensing requirement, including an entry of an order revoking the certificate of authority granted to the Grantee by a state or other licensing authority; f. Failure to pay any and all entities, individuals, and furnishing labor or materials, or failure to make payment to any other entities as required by this Agreement; g. Employment of an unauthorized alien in the performance of the work, in violation of Section 274 (A) of the Immigration and Nationality Act; h. Failure to maintain the insurance required by this Agreement; i. One or more of the following circumstances, uncorrected for more than thirty (30) days unless, within the specified 30 -day period, Grantee (including its receiver or trustee in bankruptcy) provides to Department adequate assurances, reasonably acceptable to Department, of its continuing ability and willingness to fulfill its obligations under the Agreement: i. Entry of an order for relief under Title 11 of the United States Code; ii. The making by Grantee of a general assignment for the benefit of creditors; iii. The appointment of a general receiver or trustee in bankruptcy of Grantee's business or property; and/or iv. An action by Grantee under any state insolvency or similar law for the purpose of its bankruptcy, reorganization, or liquidation. 16. Suspension of Work. The Department may, in its sole discretion, suspend any or all activities under the Agreement, at any time, when it is in the best interest of the State to do so. The Department shall provide Grantee written notice outlining the particulars of suspension. Examples of reasons for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, Grantee shall comply with the notice. Within 90 days, or any longer period agreed to by the parties, Department shall either: (1) issue a notice authorizing resumption of work, at which time activity shall resume; or (2) terminate the Agreement. If the Agreement is terminated after 30 days of suspension, the notice of suspension shall be deemed to satisfy the thirty (30) days' notice required for a notice of termination for convenience. Suspension of work shall not entitle Grantee to any additional compensation. 17. Force Majeure. The Grantee shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of Grantee or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first Attachment 1 7of14 Rev. 9/10/2024 Page 121 of 439 arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is" not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No j 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 1 fully indemnify, defend, and hold harmless Department and its officers, agents, and employees, from suits, 1 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; i ii. the Grantee's breach of this Agreement or the negligent acts or omissions of Grantee. j 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 'I 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 terns 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. j 21. Waiver. The delay or failure by Department to exercise or enforce any of its rights under this Agreement shall not constitute or be deemed a waiver of Department's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. Attachment 1 8of14 Rev. 9/10/2024 Page 122 of 439 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/stibcontractor knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to. provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list ,following a conviction or being held civilly 'liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to 'a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors, or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts issued as a result of this Agreement. b. No person, on the grounds of race, creed, color, religion, national origin, age, gender, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this Agreement. c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parties agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply. to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where Attachment 1 9of14 Rev. 9/10/2024 Page 123 of 439 a. b. C. 25. 26. there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the. Build America, Buy America Act (BABA), including the following provisions: 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 for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; 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 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 afor within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. 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 Requirement 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: hos://www.gpa.eov/invesVinvestinia-america-signaste. 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 tion -English language(s). The costs of such translation are allowable, provided the costs are reasonable. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.:135,.F.S.; the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Attachment 1 10 of 14 Rev. 9/10/2024 Page 124 of 439 Companies with Activities in the Iran ;Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S.; if :federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F;S., except that pursuant to the requirements of section 287.058(6), F.S:, during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections. 1.1.062 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 shallprovide 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: htto://dos.myflorida.com/libmM--archives/records-management(general-records-schedulesn. 29. Audits. a. Inspector General. The Grantee understands its duty, pursuant to section 20.055(5), F.S., to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing. The Grantee will comply with this duty and ensure that its sub -grantees and/or subcontractors issued under this Agreement, if any, impose this requirement, in writing, on its sub -grantees and/or subcontractors, respectively. b. Physical Access and Inspection. Department personnel shall be given access to and may observe and inspect work being performed under this Agreement, with reasonable notice and during normal business hours, including by any of the following methods: i. Grantee shall provide access to any location or facility on which Grantee.is performing work, or storing or staging equipment, materials or documents; ii. Grantee shall permit inspection :of any facility, equipment, practices, or operations required in performance of any work pursuant to this Agreement; and, iii. Grantee shall allow and facilitate sampling and monitoring of any substances, soils, materials or parameters at any location reasonable or necessary to assure compliance with any work or legal requirements pursuant to this Agreement c. Special Audit Requirements. The Grantee shall comply with the applicable provisions contained in Attachment 5, Special Audit Requirements. Each amendment that authorizes a funding increase or decrease shall include an updated copy of Exhibit 1, to Attachment 5. If Department fails to provide an updated copy of Exhibit 1 to include in each amendment that authorizes a funding increase or decrease, Grantee shall request one from the Department's Grants Manager. The Grantee shall consider the type of financial assistance (federal and/or state) identified in Attachment 5, Exhibit 1 and determine whether the terms of Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this Agreement. For federal financial assistance, Grantee shall utilize the guidance provided under 2 CFR: §200.331 for determining whether the relationship represents that of a subrecipient or vendor. For State financial assistance, Grantee shall utilize the form entitled "Checklist for Nonstate Organizations Recipient/Subrecipient vs Vendor Determination" (form number DFS -A2 -NS) that can be found under the "LinkslForms" section appearing at the following website: httos:\\apps.f1dfs.com\fsaa. d. Proof of Transactions. In addition to documentation provided to support cost reimbursement as described herein, Departmentmay periodically request additional proof of a transaction to evaluate the appropriateness of costs to the Agreement pursuant to State guidelines (including cost allocation guidelines) and federal, if applicable. Allowable costs and uniform administrative requirements for federal programs can be found under. 2 CFR 200. The Department may also request a cost allocation plan in support of its multipliers (overhead, indirect, Attachment 1 11 of 14 Rev. 9/10/2024 Page 125 of 439 general administrative costs, and fringe benefits). The Grantee must provide the additional proof within thirty 1 (30) days of such request. e. No Commingling of Funds. The accounting systems for all Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must be accounted for separately. Grantees are prohibited from commingling funds on either a program -by program or a project -by -project basis. Funds specifically budgeted and/or received for one project may not be used to support another project. Where a Grantee's, or subrecipienes, 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 1 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 j 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. I c. The Department may, for cause, deny access to Department's secure information or any facility by any Grantee employee, subcontractor, or agent. j 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 i any subcontract and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred j 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 i Attachment 1 12 of 14 Rev. 9/10/2024 Page 126 of 439 is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract, Grantee will specifically disclose that this Agreement does not create any third - party rights. Further, no third parties shall rely upon any of the rights and obligations created under this Agreement. 36. Severability. If a court of competent jurisdiction deems any term or condition herein void or unenforceable, the other provisions are severable to that void provision, and shall remain in full force and effect. 37. Grantee's Employees, Subcontractors and Agents. All Grantee employees, subcontractors, or agents performing work under the Agreement shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Grantee shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under Agreement must comply with all security and administrative requirements of Department and shall comply with all controlling laws and regulations relevant to the services they are providing under the Agreement. 38. Assignment. The Grantee shall not sell, assign, or transfer any of its rights, duties, or obligations under the Agreement, or under any purchase order issued pursuant to the Agreement, without the prior written consent of Department. In the event of any assignment, Grantee remains secondarily liable for performance of the Agreement, unless Department expressly waives such secondary liability. The Department may assign the Agreement with prior written notice to Grantee of its intent to do so. 39. Compensation Report. If this Agreement is a sole -source, public-private agreement or if the Grantee, through this agreement with the State, annually receive 50% or more of their budget from the State or from a combinationof State and Federal funds, the Grantee shall provide an annual report, including the most recent IRS Form 990, detailmg the total compensation for the entities' executive leadership teams. Total compensation shall include salary, bonuses, cashed -in leave, cash equivalents, severance pay, retirement benefits, deferred compensation, real -property gifts, and any other payout. The Grantee must also inform the Department of any changes in total executive compensation between the annual reports. All compensation reports must indicate what percent of compensation comes directly from the State or Federal allocations to the Grantee. 40. Disclosure of Gifts from Foreign Sources. If the value of the grant under this Agreement is $100,000 or more, Grantee shall disclose to Department any current or prior interest of, any contract with, or any grant or gift received from a foreign country of concern, as defined in section 286.101, F.S., if such interest, contract, or grant or gift has a value of $50,000 or more and such interest existed at any time or such contract or grant or gift was received or in force at any time during the previous 5 years. Such disclosure shall include the name and mailing address of the disclosing entity, the amount of the contract or grant or gift or the value of the interest disclosed, the applicable foreign country of concern and, if applicable, the date of termination of the contract or interest, the date of receipt of the grant or gift, and the name of the agent or controlled entity that is the source or interest holder. If the disclosure requirement is applicable as described above, then within 1 year before applying for any grant, Grantee must also provide a copy of such disclosure to the Department of Financial Services. 41. Food Commodities. To the extend authorized by federal law, the Department, its grantees, contractors and subcontractors shall give preference to food commodities grown or produced in this state when purchasing food commodities, including farm products as defined in section 823.14, F.S., of any class, variety, or use thereof in their natural state or as processed by a farm operation or processor for the purpose of marketing such product. 42. Anti-human Trafficking. Attachment 1 13 of 14 Rev. 9/10/2024 Page 127 of 439 If the Grantee is a nongovernmental entity, the Grantee must provide the Department with an affidavit signed by an officer or a representative of the Grantee under penalty of perjury attesting that the Grantee does not use coercion for labor or services as defined in section 787.06, F.S. 43. Iron and Steel for Public Works Projects. If this Agreement funds a "public works project" as defined in section 255.0993, F.S., or the purchase of materials to be used in a public works project, any iron or steel permanently incorporated in the Project must be "produced in the United States," as defined in section 255.0993, F.S. This requirement does not apply if the Department determines that any of the following circumstances apply to the Project: (1) iron or steel products produced in the United States are not produced in sufficient quantities, reasonably available, or of satisfactory quality; (2) the use of iron or steel products produced in the United States will increase the total cost of the project by more than twenty percent (20%); or (3) complying with this requirement is inconsistent with the public interest. Further, this requirement does not prevent the Contractor's minimal use of foreign steel and iron materials if: (1) such materials are incidental or ancillary to the primary product and are not separately identified in the project specifications; and (2) the "cost" of such materials, as defined in section 255.0993, F.S., does not exceed one-tenth of one percent (1%) of the total Project Cost under this Agreement or $2,500, whichever is greater. Electrical components, equipment, systems, and appurtenances, including supports, covers, shielding, and other appurtenances related to an electrical system that are necessary for operation or concealment (excepting transmission and distribution poles) are not considered to be iron or steel products and are, therefore, exempt from the requirements of this paragraph. This provision shall be applied in a manner consistent with and may not be construed to impair the state's obligations under any international agreement. 44. Complete and Accurate information. Grantee represents and warrants that all statements and information provided to DEP are current, complete, and accurate. This includes all statements and information in this Grant, as well as its Attachments and Exhibits. 45. Execution in Counterparts and Authority to Sign. This Agreement, any amendments, and/or change orders related to the Agreement, may be executed in counterparts, each of which shall be an original and all of which shall constitute the same instrument. In accordance with the Electronic Signature Act of 1996, electronic signatures, including facsimile transmissions, may be used and shall have the same force and effect as a written signature. Each person signing this Agreement warrants that he or she is duly authorized to do so and to bind the respective party to the Agreement. Attachment 1 14 of 14 Rev. 9/10/2024 Page 128 of 439 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. LG011 ATTACHMENT 2 These Special Terms and Conditions shall be read together with general terms outlined in the Standard Terms and Conditions, Attachment 1. Where in conflict, these more specific terms shall apply. 1. Scope of Work. The Project funded under this Agreement is Orchid Island Estates Septic -to -Sewer Project. The Projectiis defined in . more detail in Attachment 3, Grant Work Plan. 2. Duration. a. Reimbursement Period. The reimbursement period for this Agreement begins on July 1, 2023 and ends at the expiration of the Agreement. b. Extensions. There are extensions available for this Project. c. Service Periods. Additional service periods are not authorized under this Agreement. 3. Payment Provisions. a. Compensation. This is a cost reimbursement Agreement. The Grantee shall be compensated under this Agreement as described in Attachment 3. b. Invoicing. Invoicing will occur as indicated in Attachment 3. c. Advance Pay. Advance Pay is not authorized under this Agreement. 4. Cost Eligible for Reimbursement or Matching Requirements. Reimbursement for costs or availability for costs to meet matching requirements shall be limited to the following budget categories, as defined in the Reference Guide for State Expenditures, as indicated: Reimbursement Match Category ❑ ❑ Salaries/Wages Overhead/Indirect/General and Administrative Costs: ❑ ❑ a. Fringe Benefits, N/A. ❑ ❑ b. Indirect Costs, N/A. © ❑ Contractual (Subcontractors) ❑ ❑ Travel, in accordance with Section 112, F.S. ❑ ❑ Equipment ❑ ❑ Rental/Lease of Equipment ❑ ❑ Miscellaneous/Other Expenses ❑ ❑ Land Acquisition 5. Equipment Purchase. No Equipment purchases shall be funded under this Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements There is no match required on the part of the Grantee under this Agreement. Attachment 2 1 of 3 Rev. 6/27/24 Page 129 of 439 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be. interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company -Owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. 10. Retainage. Retainage is permitted under this Agreement. Retainage may be up to a maximum of 10% of the total amount of the Agreement. 11. Subcontracting. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager except for certain fixed-price subcontracts pursuant to this Agreement, which require prior approval. The Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Regardless of any subcontract, the Grantee is ultimately responsible for all work to be performed under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor must also fill out and return PUR 1808 before contract' execution. If Contractor is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 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 fiutherance of Attachment 2 2 of 3 Rev. 6/27/24 Page 130 of 439 transporting a person into this state knowing that the person unlawfully present in the United States according to the terms of the federal Immigration and Nationality Act, 8 U.S.C. ss. 1101 et seq. The Department will terminate a contract immediately if Contractor is found to be in violation of the law or the attestation in PUR 1808. 15. Financial Assistance and Payment of Invoices to Rural Communities or Rural Areas of Opportunity This agreement does not provide federal or state financial assistance to a county or municipality that is a rural community or rural area of opportunity as those terms are defined in s. 288.0656(2). 16. Additional Terms. None. An} terms added here must be approved by the Office ofGeneral Counsel. Attachment 2 3 of 3 Rev. 6/27/24 Page 131 of 439 ATTACHM ENT 3 GRANT WORK PLAN PROJECT TITLE: Orchid Island Estates Septic -to -Sewer Project PROJECT LOCATION: The Project will be located in Vero Beach, FL within Indian River County; Lat/Long (27.7561, -80.4119). See Figure 1 for a site map. PROJECT BACKGROUND: Orchid Island Estates: consists of approximately 90 homes on Live Oak Dr. and Seacrest Dr. in the unincorporated area of Indian.Rver County (Grantee). These homes are located in the Central Indian River Lagoon (Central IRL ) basin management action plan (BMAP) area and are currently individual ground water wells and septic systems.. The construction of public sewer infrastructure. for these homes will allow for future expansion of the County's sanitary sewer system. The completion of this project will ultimately result in restoration efforts of water quality to the Central IRL by reducing an estimated 3,639.62 pounds per year (lb/year) of pollutant loads. PROJECT DESCRIPTION: The Grantee will design, obtain all required permits, and complete the construction of public sewer infrastructure for the Orchid Island Estates Septic -to -Sewer Project. Construction will include the installation of approximately 17,500 linear feet of public sewer infrastructure that consist of new sewer mains and lateral stub -outs for approximately 90 homes/lots within the Orchid. Island Estates residential community. The completion of the design phase will determine if. the installation of lift stations is needed for the construction phase of the project. The DEP Grant Funds associated with this Agreement were awarded based. on local contributions pledged towards the total project costs: $2,475,000.00 from Indian River County. A summary of the local contributions will be required in the Final Quarterly Progress Report, and financial supporting documentation shall be provided upon request. TASKS: All documentation should be submitted electronically unless otherwise indicated and should be submitted prior to the expiration of the grant Agreement. Task 1: Commitment to Basin Management Action Plan MIAJ ) Deliverables: The Grantee will submit an official letter to the Department's Division of Environmental Assessment and Restoration indicating its commitment to completing this project and requesting this project be included in the Central Indian River Lagoon BMAP. Documentation: The Grantee will submit a signed copy of this letter to the Department's Grant Manager. Performance Standards The Department's Grant Manager will review the copy of the letter to ensure it indicates the Grantee's commitment to completing this project: and contains a request for this project to be included in the appropriate BMAP. Approval by the Department will be indicated by written acceptance by the Department's Grant Manager. Financial Consequences: The Grantee may not proceed with any other tasks in this Agreement. until written acceptance of the deliverable is provided by the Department's Grant Manager. Additional Financial Consequences: The Department's Grant Manager must receive and accept the official letter prior to the processing of reimbursement requests for any other tasks. Payment Request Schedule: There is no reimbursement specifically for this task. DEP Agreement No. LGO 11, Attachment 3, Page 1 of 4 Page 132 of 439 Task 2: Preconstruction Activities Deliverables: Utilizing Progressive Design Build delivery method, the Grantee will complete the design, obtain all necessary permits for construction of the project, and develop a Guaranteed Maximum Price (GMP) to construct the Orchid Island Estates Septic -to -Sewer Project. Activities necessary for design, such as surveys, geotechnical evaluations, and environmental assessments, are eligible under this task. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, including the percentage of design complete and permitting status, using the format provided by the Department's Grant Manager. For the final documentation, the Grantee will also submit a copy of the design completed with the funding provided for this task, a list of all required permits identifying issue dates and issuing authorities, and copies of any surveys, assessments, or other documents funded under this task. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 3: Proiect Manaaement Deliverables: The Grantee will provide project management services related to Orchid Island Estates Septic -to -Sewer Project, to include review of documents and forms, budget oversight, preparation and submittal of quarterly progress reports, processing of payment requests and related documentation, field engineering services, construction observation, site meetings with construction contractor(s) and design professionals, and overall project coordination and supervision. Documentation: The Grantee will submit a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. Task 4: Construction Deliverables: The Grantee will construct public sewer infrastructure for the Orchid Island Estates Septic - to -Sewer Project in accordance with the construction contract documents. The Grantee will submit through the Department's GIS web -interface data collection tool, parcel -level data identifying collection system extensions; lift stations and other infrastructure associated with the grant; and both the parcels connected to sewer and the parcels where sewer has been made available for connection but not yet connected along with associated grant information. Pursuant to section 381.00655, Florida Statutes, for any parcels for which sewer was made available, but for which connection has not yet been made, the Grantee will notify in writing owners of such parcels that the system is available for connection and that they must connect to the installed sewer system within 365 days of such written notification. DEP Agreement No. LGO 11, Attachment 3, Page 2 of 4 Page 133 of 439 Documentation: The Grantee will submit: 1) a signed summary of activities completed for the period of work covered in the payment request, using the format provided by the Department's Grant Manager. For the final documentation, the Grantee will also submit: 2) an email from the Department's GIS web -interface data collection tool, confirming that data for the project has been submitted; and 3) one copy of a notification letter and a signed statement by the grant manager that notifications to all parcels for which sewer is available, but not yet connected, was sent. Upon request by the Department's Grant Manager, the Grantee will provide additional supporting documentation relating to this task. Performance Standard: The Department's Grant Manager will review the documentation to verify that the deliverables have been completed as described above. Upon review and written acceptance by the Department's Grant Manager, the Grantee may proceed with payment request submittal. . Payment Request Schedule: The Grantee may submit a payment request for cost reimbursement no more frequently than monthly. PROJECT TIMELINE & BUDGET DETAIL: The tasks must be completed by the corresponding task end date. Cost reimbursable grant funding must not exceed the budget amounts as indicated below. For any Task with a Budget Category of Contractual Services, the Grantee shall submit a copy of the executed subcontract to the Department prior to submitting any invoices for subcontracted work. Task Budget Grant Task Task No. Task Title Category Amount Start Date End Date Commitment to Basin No -Cost 1 Management Action Plan Deliverable $0 07/01/2023 12/31/2025 MAP 2 Preconstruction Activities Contractual $1,000,000 07/01/2023 10/31/2026 Services 3 Project Management Contractual. $500,000 07/01/2023 10/31/2028 Services 4 Construction Contractual $5,925,000 07/01/2023 10/31/2028 ServiTotal: $7,425,000 DEP Agreement No. LGO11, Attachment 3, Page 3 of 4 Page 134 of 439 FIGURE 1 SITE MAP: DEP Agreement No. LGO 11. Attachment 3, Page 4 of 4 N Legend F7/71 1 W PROJECTAREA Page 135 o� 439 Indian River County Department of Utility Services Orchid Island Project Boundary Date: 1/10/2024 Scale: 1" = 9,000' DEP Agreement No. LGO 11. Attachment 3, Page 4 of 4 N Legend F7/71 1 W PROJECTAREA Page 135 o� 439 1. a. b. 2. a. b. C. d. e. f. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Public Records Requirements Attachment 4 Public Records. If the Agreement exceeds $35,000.00, and if Grantee is acting on behalf of Department in its performance of services under the Agreement, Grantee must allow public access to all documents, papers, letters, or other material, regardless of the physical form, characteristics, or means of transmission, made or received by Grantee in conjunction with the Agreement (Public Records), unless the Public Records are exempt from section 24(a) of Article I of the Florida Constitution or section 119.07(l), F.S. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 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: 1 Keep and maintain Public Records required by Department to perform the service. 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. i A contractor who fails to provide the Public Records to Department within a reasonable time may be subject to j penalties under section 119. 10, F.S. 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 tern and following completion of the I contract if the contractor does not transfer the Public Records to Department. 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 j 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 1 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. 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 1 CUSTODIAN OF PUBLIC RECORDS AT; Telephone: (850) 245-2118 j Email: public servicesaa,floridadep.gov Mailing Address; Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Attachment 4 1ofl Rev. 4/27/2018 Page 136 of 439 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" 7DEP" 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 1. A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental: Protection by this Agreement. In determining thee federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources. received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503.. An audit of the recipient. conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not ;required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $1,000,000 in federal . awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2. CFR 200, Subpart F --Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other federal entities. 4. The recipient may access information regarding,the Catalog of Federal Domestic Assistance. (CFDA) via the internet at haps://sam.gov/content/assionce4istings. Attachment 5 1 of 6 BGS -DEP 55-215 i revised 10/01/24 Page 137 of 439 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. EXIi1BIT 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 11, paragraph 1; the recipient shall ensure that the audit complies with the requirements of Section 215.97(8), Florida Statutes -This includes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. "In the event that the recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at haps://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at ho://www.leg.state.fl.us/Welcome/iitdex.cfin. State of Florida's website at http://www.myflorida.com/. Department of Financial Services' Website at htta://www.fldfs.com/and the Auditor General's Website at hqp://www.myflorida.com/audggV. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck 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 flnancial 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 1. 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 S 2of 6 BGS -DEP 55-215 revised 10/01/24 Page 138 of 439 2 3. By Mail: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 471.32 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 bgR://haryester.census.&n&,! cweb/ Copies of financial reporting packages required by PART 11 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 111 West Madison Street Tallahassee, Florida 32399-1450 The Auditor General's website:(http://flauditor.govn provides instructions forfiling an electronic copy of a financial reporting package. Copies of reports or management letters required by PART Ell 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: FDEPSingleAuditCwdenstate.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) of 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as applicable. BGS -DEP 55-215 f Attachment 5 3 of 6 rcx sed 10/0124 Page 139 of 439 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 (ton and for-profit organizations), Rules of the Auditor General, should indicate the date and the reporting package was delivered to the recipient correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of the award and this Agreement for a period of five (5) years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. Attachment 5 4of6 BGS -DEP 55-215 icused 10/01/24 Page 140 of 439 z� O o ate+ O aU+ O U w FU. O �U O �U Q Q 0 O �Oj U � U N U v y y G w O C-0 m b y b U O w E O w w ow ar o cui cr c .3 o 0 U_ O N id � ed O � � � Q A � Q A � Y o U U O U c� G L Q cC � O Uz E U u E U U � U � a a 96m a �1 A. � Q Q w Qw y L O O h L C� L CC I� w 11 z� Q rn M d' w• O N cu CL U w FU. O O 0 U � U N U v y y 4U w N C-0 m C y y U E w ow ar o cui cr c o 0 U_ >U> id � y ed N � � Y cC � E U E U U � U � 96m �1 A. Q rn M d' w• O N cu CL �b 06 0 0 O •� OR d' O\ .� 'Ci O O C a a o 0 0 ¢ N d y � O w w b b w w w d 0 O •" m � !� N V vawl w w o � � w w 0 q .O U v O w d o d d O`i CU a w d y a 126 a w PC .d w A Q d V ami abedPC w Awa � o wa �b 06 0.0 O •� OR d' O\ .� 'Ci O a o 0 0 N O 4n [V w S O •" m � !� N V w b O w y a PC .d ¢ A d ami w �b 06 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit A Progress Report Form The current Exhibit A, Progress Report Form for this grant can be found on the Department's website at this link: https://floridadep.gov/wra/wra/documents/12rogress-report-form ss -report -form Please use the most current form found on the website, linked above, for each progress report submitted for this project. Exhibit A, Page 1 of 1 Rev. 01/19/24 Page 143 of 439 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Exhibit C Payment Request Summary Form The Payment Request Summary Form for this grant can be found on our website at this link: haps://floridadep.gzov/wra/wra/documents/payment-request-summary-form Please use the most current form found on the website, linked above, for each payment request. Exhibit. C, Page l of 1 Rev. 12/02/19 Page 144 of 439 FLORIDA DEPARTMENT OF ENVIROMENTAL PROTECTION GRANT AGREEMENT LG030 Grant Agreement Form LG011 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY: Deryl Loar, Chairman BCC Approval Date: John A. Titkanich, Jr., County Administrator Approved as to Form and Legal Sufficiency: M Christopher A. Hicks, Assistant County Attorney Ryan L. Butler, Clerk of Court and Comptroller Attest: Deputy Clerk Page 145 of 439 File ID: 2026-587 Indian River County, Florida Memorandum Type: Consent Agenda f Indian River County i Administration Complex 1 180127th Street i Vero Beach, Florida 32960 Indian River County Website i Meeting Date: April 21, 2026 To: Board of County Commissioners: Through: Beth Powell, Parks, Recreation, and Conservation Director Michael Zito, Deputy County Administrator John Titkanich 7t, County Administrator From: Jerry Seldes Date: 04/07/2026 Subject: Concession Agreement between Florida Fish and Wildlife Conservation Commission and Indian River County Board of County Commissioners for the Indian River County Public Shooting Range Background: The Fish and Wildlife Commission (FWC) and Indian River County entered into the original contract (Contract No. 00252) on March 13th, 2001, for the operation of the Florida Fish and Wildlife Conservation Commission Indian River Public Shooting Range. Both parties renewed the original contract on February 02, 2016, for a: period of ten (10) years; which expired on March 12, 2026. The Commission wishes to continue the relationship under this agreement. Upon execution the agreement will remain in effect for 15: years with an option to renew for an additional term of ten (10) years at the sole option of the Commission. Analysis: The agreement remains the same with the addition of the renewal option after fifteen (1 s) years for a term of ten 10 ears. Budgetary Impact: There is no budgetary impact associated with this item. g �' � p act � Previous Board Actions: { The original contract, number 00252, went before the BOCC on March 13, 2001. Amendment 1, 1 renewing the contract for an additional 10 years, went before the BOCC on February 231, 2016. Amendment 2, went before the BOCC on February 6, 2018 allowing the County use of FW -C's 10 golf carts for public use. Amendment 3 went before the BOCC on August 15;: 2023, allowing the County to repave the entrance road and committing FWC to contributing $200,000 towards the project as well as removing FWC impact fees. �I 1 Page 146 of 439 Potential Future Board Actions: This agreement will expire in 15 years and will have to be re -approved by both parties. Strategic Plan Alignment: Quality of Life – The Range supports Hunter Education training programs, recreational firearm (skeet/trap/sporting clay shooting, archery, air gun, rifle, pistol) shooting opportunities. Other Plan Alignment: Infrastructure — The County is responsible for the proper operation and maintenance of County facilities. Staff Recommendation: Staff respectfully recommends the Board approve FWC Agreement No. 25287 and authorize the Chairman to execute the agreement after review by the County Attorney for legal sufficiency. Attachments: 1. FWC #25287 Indian River Shooting Range Concession Agreement 2. 00252 -Al 3. 00252 -A3 -ALL 4. 00252 A2 - All 5. 00252 Page 147 of 439, CONCESSION AGREEMENT INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE BETWEEN FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AND INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS FWC Agreement No. 25287 This Concession Agreement, hereinafter "Agreement," is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereinafter "Commission" or "FWC," and the Indian River County Board of County Commissioners, whose address is 1840 25th Street, Vero Beach, Florida 32960, hereinafter "Concessionaire," collectively, "Parties". WITNESSETH. Whereas the Commission is authorized by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, owner of real property located at 10455 102nd Terrace, Vero Beach FL 32967, as described within Exhibit A, wishes to continue, under this Agreement between the Indian River County Board of County Commissioners and the Florida Fish and Wildlife Conservation Commission for the Indian River Public Shooting Range, hereinafter "Range," located at the above address and expressly limited to the present range area which includes rifle, pistol, shotgun, air gun, sporting clays, archery and associated impact area, office building, storage shed, and multi -use classroom all in Indian River County, Florida, to support Hunter Education training programs and recreational firearms shooting opportunities for the general public. Now, therefore, the full execution of this Agreement and the provisions of the Concessionaire's Operational Plan, attached hereto as Exhibit B, is mutually agreed upon. Changes, modifications, approvals, and amendment requests referenced herein shall be delivered to the Commission contact listed at Section 4 below. Section 1. TERM OF THE AGREEMENT. It is understood and agreed that the relation established by this Agreement is meant to be for the benefit of both parties, and that this Agreement shall be effective on the date of execution by both parties and shall remain in effect for 15 years from that date, unless otherwise terminated, suspended or modified in writing by an appropriate amendment executed by both parties. Page 148 of 439 The amount of fees charged to patrons of the Range may be adjusted by an amendment to this Agreement. SECTION 2. RENEWAL. This Agreement may be renewed for an additional term of ten (10) years at the sole option of the Commission. No later than three months prior to the termination of the Agreement, the Concessionaire may request to renew the Agreement. The request to renew shall be delivered to the Commission and is subject to the approval of the Commission. Any renewal of the Agreement is subject to express written approval of the Commission and must be in compliance with applicable laws. SECTION 3. OTHER CONTRACTS OR AGREEMENTS. This Agreement and exhibits as of the effective date thereof, shall supersede all other contracts, agreements, communications or representations, either verbal or written, between the Commission and the Concessionaire relating to the subject matter hereof. SECTION 4. NOTICES. All notices shall be delivered to the parties at the following addresses (or such changed address or addressee as may be provided by notice). A notice or other communication shall be deemed received by the addressee on the next business day after having been placed in overnight mail with the U. S. Postal Service, or other overnight express service such as FedEx, UPS, or similar service. Notices sent by means other than overnight delivery shall be deemed received when actually received by the addressee: COMMISSION CONTACT INFORMATION: INDIAN RIVER BOCC CONTACT INFORMATION: Bill Cline Beth Powell Section Leader, Hunter Safety & Public Shooting Ranges Director, Parks, Recreation, and Conservation Florida Fish & Wildlife Conservation Commission IG Recreation Center 620 S. Meridian Street 1590 91 Street SW Tallahassee, Florida 32399-0100 Vero Beach, FL 32962 Phone: 850-413-0085 Phone: 772- 226-1785 Email: Bill.Cline@MyFWC.com Email: bpowell@indianriver.gov Page 149 of 439 sECTIoN 5. COMPLIANCE WITH LAWS. The Concessionaire shall comply with all local, state and federal laws, codes, requirements, and regulations relative to the taking of wild animal life or freshwater aquatic life, use of the lands for outdoor recreational purposes as herein provided, construction, safety, sanitation, permits, licenses, operation of the Range and all other matters pertaining to the activities conducted on the premises. SECTION 6. NON -ASSIGNMENT. The Concessionaire shall neither transfer nor assign the Agreement nor sublet the premises or any part thereof nor grant any interest, privilege or license whatsoever in connection with the Agreement or the real property without written approval of the Commission. The parties agree that the Commission has entered into the Agreement with the Concessionaire because of the special and particular fitness and exceptional experience of the Concessionaire in carrying out the duties and covenants to which binds himself thereunder; and therefore, any assignment or delegation of the Concessionaire's covenants or duties thereunder, other than to employees of the Concessionaire or agents for the Concessionaire in the usual course of the Concessionaire's business, or approved in advance by the Commission, shall be without any binding effect whatsoever on either party and shall be null and void. SECTION 7. SCOPE OF RANGE OPERATIONS. The Indian River Public Shooting Range shall be occupied and used by the Concessionaire, or his duly authorized agents or employees, solely to conduct business in connection with recreational shooting activities by the general public and Commission sponsored shooting activities. Said business may include but is not limited to the following activities: A. A concession operation, providing items and services that are related to the approved shooting activities, such as firearms and ammunition and fishing related items such as tackle, license and bait. Additional items such as soft drinks, snacks and related refreshment items may also be sold.. Alcoholic beverages -are prohibited from being sold. B. The Range shall be open for public shooting a minimum of five (5) days per week, a minimum of forty (40) hours per week excluding holidays. The Range may be closed to the public up to two days per week. Changes in the Concessionaire's operational plan shall be submitted to and approved by the Commission's Hunter Safety Section Leader in advance of any operational changes being implemented. C. The Range shall be available at no charge to the Commission for Hunter Education training and other educational and professional training as needed. Hunter Education use will be scheduled with the Concessionaire by the Commission's Regional Hunter Education Coordinator. Additional use by the Commission shall be scheduled with the Concessionaire so as to have minimal impact on the public use of the facility. Page 150 of D. Recreational firearms, archery and airgun shooting by the general public. E. Competitive shooting events may be scheduled during open shooting hours for the general public when minimal impact of the public access will occur.. F. Firearms training by groups or organizations, during hours/days when Range is not open for public shooting activities. G. Other activities as authorized in writing by the Commission. SECTION 8. OPERATIONAL COSTS/PROCEDURES. Except as otherwise provided in this Agreement, operating costs, target frame replacement, routine maintenance and repairs caused by normal use of the Range shall be the responsibility of the Concessionaire. The Commission shall be responsible for repairs or replacement of major components of the Range necessitated as a result of natural disasters or other acts not related to wear and tear caused by normal use of the Range unless such damage occurs through the willful negligence of the Concessionaire. Major components of the Range consist of the covered shooting sheds, berms, sidewalks, restrooms, office building. A. The Concessionaire shall maintain the premises and all appurtenant structures and improvements in clean, sanitary, and good order and ins a safe condition, all the Commission, and all such costs related thereto shall be borne by the Concessionaire. B. The Concessionaire shall operate the business as outlined in the Operational Plan (Exhibit B). Supervision of Range use shall enhance safety and provide efficient and effective services to promote return user visits. Staffing may be adjusted to meet service requirements. C. Maintenance, repairs, and financial loss through. insurance protection from theft or vandalism of the automatic target throwing machines and their components shall be the responsibility of the Concessionaire. All equipment is being provided to the Concessionaire in new condition. D. The Concessionaire shall be responsible for all costs related to the maintenance and upkeep of the office/pro shop and providing the services outlined in Exhibit B (Operational Plan) and this Agreement. E. The Concessionaire shall not rent to or allow the use of equipment by persons under the influence of alcohol or drugs or disorderly persons, nor shall such persons be permitted to enter or remain upon the premises. The Concessionaire shall be responsible for Page 151 of 439 administering a range safety introduction to all range patrons (while operating under normal operating hours, when the Range is open to public use). F. The Concessionaire shall not engage in any activities or allow anyone to engage in activities on the premises which are contrary to the full and orderly public utilization of the Range premises except as otherwise provided herein. G. The Concessionaire shall not commit waste on the premises; shall not conduct mining operations or drilling for oil or gas upon the premises; shall not remove sand, gravel, or kindred substance from the ground; and shall not, in any manner, substantially change the contour or condition of the premises unless approved in writing by the Commission. The Concessionaire shall be responsible for lead remediation should it become necessary for such action on the Concessionaire's trap, skeet, and sporting clay fields. The Commission's contractor for lead remediation shall remain available to the Concessionaire for lead remediation on the rifle and handgun ranges. H. The Concessionaire shall obtain prior written approval from the Commission for any utility easements which are necessary to service authorized facilities on the premises. All other easements are prohibited and shall be void and without legal effect. I. The Concessionaire shall have the responsibility to maintain all notices posted at the Range by the Commission including, but not limited to, the Notice of Range Rules and the Notice of User Liability. Additional rules may be established by the Concessionaire subject to approval of the Commission. SECTION 9. FEE STRUCTURE. A fee shall be charged to the users of the Range. This fee shall be set by the Concessionaire. The fee structure may include a daily fee, an annual fee and/or a family fee. However, the amount charged may not exceed $20 per individual user of the rifle and handgun ranges and $.75 per target for trap, skeet and sporting clays. Range use fees for non-public shooting during times when the Range is scheduled to be closed to public shooting activities shall be established by the Concessionaire. These activities may include renting the Range to a public or private entity for in-service firearms training. All fees shall be included in the range operation and be a part of the Concessionaire's gross range operating revenue. During the time the Range is open to the public, all Range patrons must have a valid permit on their person when engaged in the respective shooting activities on the Range, except those users for whom no charge is assessed pursuant to Commission -sponsored events and as elsewhere Page 152 of 439 denoted in the Agreement. It shall be the Concessionaire's responsibility to issue permits and to maintain records that provide a clear audit trail of Range use. The Commission shall approve the design of Range use permits issued by the Concessionaire. SECTION 10. IMPROVEMENTS/EXPANSION OF RANGE. At the Commission's discretion, the Concessionaire may have the opportunity, during the term of this Agreement, to erect such structures and provide such equipment and materials upon the premises as may be desired to enhance the activities and services authorized under this Agreement, provided no structures may be erected, altered, placed upon or removed from the premises unless and until the design and proposed location, alteration, placement or removal thereof is approved in writing by the Commission. Any and all structures, which shall constitute fixtures, shall at the option of the Commission remain upon the premises at the expiration of the term of this Agreement and become the sole property of the Commission. At the Commission's option the Concessionaire may be required to remove unwanted structures of fixtures at the Concessionaire's expense. In the event this Agreement or any material term or condition thereof is breached by the Concessionaire and this Agreement is terminated, any and all structures, buildings, or fixtures shall at the Commission's discretion remain upon the premises as part of the recreation site and become the sole property of the Commission. In the event this Agreement is terminated for reasons other than expiration or breach by the Concessionaire, the Concessionaire shall have the option at its own expense, within thirty (30) days of termination of removing fixtures or structures which it has installed. A. Expansion: Any expansion or modification to the facility must be approved by the Commission in writing prior to any work being done and shall be at the sole discretion of the Commission as evidenced in writing B. Cost of Expansion: Any cost associated with expansion of the Range beyond its present facilities and services shall be the responsibility of the Concessionaire unless approved otherwise in writing by the Commission. SECTION 11. PERMITS AND LICENSES. The Concessionaire shall obtain all permits and licenses necessary to conduct the business related to the Agreement and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. All required permits and licenses must be obtained prior to commencement of any operation by the Concessionaire. A copy of each permit or license shall be proved to the Commission on or before the date the Concessionaire opens for business. Page 153 of 439 SECTION 12. PAYMENT OF TAXES, ASSESSMENTS, TELEPHONE AND UTILITY FEES. The Concessionaire shall have responsibility for all liabilities that accrue to the leased premises or improvements thereon, including any and all drainage and special assessments or taxes of every kind which may hereafter be lawfully assessed and levied against the premises during the term of the Agreement. In addition, Concessionaire shall pay all charges for telephone service, furnishing of gas, electricity, water, or other public utilities to the Range premises. SECTION 13. RELATIONSHIP OF PARTIES. It is understood that no employer-employee relationship exists between the Commission and Concessionaire, and the Commission is not responsible for providing Workers' Compensation insurance and withholding services for the Concessionaire or his employees. There is no conflict of interest or any other prohibited relationship between the Concessionaire and the Commission. SECTION 14. REPRESENTATIONS. The Commission and the Concessionaire stipulate that neither of them has made any representations except such representations as are specifically contained within this Agreement and each party acknowledges reliance on its own judgement in entering into the Agreement. The Commission and the Concessionaire further acknowledge that any payments or any representations that may have been made outside of those specifically contained in this Agreement are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Agreement. This Agreement will be binding upon each of the parties thereto, their heirs, or successors, and shall be assignable only upon the written consent of the Commission. Section 15. BREACH AND TERMINATION. The Commission and Concessionaire agree to faithfully execute the covenants as set forth in the Agreement. The Agreement may be terminated in accordance with the following: A. The Commission or the Concessionaire may terminate this agreement within 90 days written notice without cause. B. The Agreement shall terminate if mutually agreed upon by both parties that such action would be in the best interest of the Commission and the Concessionaire. C. The Agreement shall terminate immediately upon the Commission giving written notice to the Concessionaire in the event the premises are used for criminal purposes with the knowledge or consent of the Concessionaire. This Agreement shall terminate immediately Page 154 of 439 upon the Commission given written notice to the Concessionaire in the event of fraud or willful misconduct or material breach of this Agreement. The Commission shall allow sixty (60) calendar days to correct a breach of this Agreement. D. In the event of material breach of any of the covenants, terms or conditions hereof by Concessionaire, the Commission shall provide Concessionaire written notice to remedy such material breach.. If Concessionaire fails to remedy such material breach within 60 days of written notice, the Commission may terminate the Agreement effective immediately and all of Concessionaire rights hereunder and recover from Concessionaire all damages the Commission may incur by reason of the breach and termination of the Agreement. E. This Agreement shall terminate upon the Commission given written notice to the Concessionaire, in the event the Concessionaire, his agents or employees fail to abide by all laws, rules and regulations relating to the taking of wild animal life or freshwater aquatic life, on the Range premises. F. This Agreement shall terminate upon the Commission given written notice to the Concessionaire, in the event the Concessionaire, his agents or employees fail to abide by all laws, rules and regulations relation to the taking of wild animal life or freshwater aquatic life, on the Range premises. SECTION 16. NO WAIVER OF BREACH. The failure of the Commission to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this Agreement shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force an defect, and no waiver by the Commission of any of the provisions of this Agreement shall in any event be deemed to have been made unless the waiver is set forth in writing by the Commission. SECTION 17. SEVERABILITY AND CHOICE OF VENUE. This Agreement has been delivered in the State of Florida. Florida law governs this Agreement, all agreements arising under or out of this Agreement, and any legal action or other proceeding of any kind designed to resolve a dispute that arises out of or relates to this Agreement. Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law. If a court or other tribunal finds any provision of this Agreement unenforceable as written, the unenforceable provision(s) shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision and the remaining provisions of this Agreement. The Parties have selected the Second Judicial Circuit in Leon County, Florida, as the mandatory and exclusive forum for resolving any dispute, in law or equity, that arises out of or relates to the Parties' transactions. By signing this Agreement, The Concessionaire affirms that Concessionaire considers the Second Judicial Circuit to be a fair and Page 155 of 439 convenient forum for any legal action or other proceeding of any kind designed to resolve such a dispute. Concessionaire will not initiate in any other forum a legal action or other proceeding to which this provision applies. SECTION 18. STATE REQUIRED CLAUSES. A. Non-discrimination. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in, be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. Prohibition of Discriminatory Vendors. In accordance with Section 287.134, Florida Statutes, 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. C. Public Entity Crimes. In accordance with Section 287.133(2)(a), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, consultant or by any other manner 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 from the date of being placed on the convicted vendor list. D. Legislative appropriation. For contracts whose term extends beyond the State fiscal year in which encumbered funds were appropriated, the State of Florida's performance is contingent upon an annual appropriation by the Legislature. SECTION 19. LIABILITY OF THE PARTIES. Except as prohibited by law, the Concessionaire shall indemnify and hold harmless the Commission from any and all claims or demands for any personal injury or property damage resulting from, or arising out of the Concessionaire's use, operation or occupancy of the Range premises. The Concessionaire shall investigate any and all claims of every nature, at its own expense, relating to the Concessionaire's use, operation or occupancy of the Range premises. Nothing contained in the Agreement shall be deemed to constitute a waiver of sovereign immunity on the part of either party or to affect, limit or reduce the protection afforded the Commission under the provisions of §375.251 and §768.28, F.S., or to effect, limit or reduce the Page 156 of 439 protection afforded the landowner under the provisions of §375.251, F. S., or to protect Concessionaire from liability for any deliberate willful or malicious act of the Concessionaire. SECTION 20. INSURANCE REQUIREMENTS. During the term hereof, the Concessionaire shall maintain a modified self-insurance program in keeping with the Indian River County Board of County Commissioners' administrative policy and under provision of §768.28, F.S. Additionally, the Concessionaire shall provide written proof of insurance for commercial general liability for personal injury, death and property damage as well as workers' compensation insurance as required by Florida Workers' Compensation Laws and Rules. SECTION 21. INDENINITY. Except as prohibited by law, the Concessionaire shall indemnify and hold the Commission harmless from and against all cost, judgements, attorney's fees, expenses, obligations and liabilities of any kind and nature which the Commission may incur or sustain in connection with or arising from the Agreement or any court actions arising hereunder. In addition, the Concessionaire hereby agrees to be responsible for any injury or property damage resulted from any activities conducted under this Agreement. SECTION 22. PROHIBITION AGAINST LIENS. The Concessionaire will not cause any lien to be filed against the premises or Concessionaire. If any mechanics lien is filed for labor or materials furnished or to be furnished to the Concessionaire, such lien shall be discharged by the Concessionaire within thirty (30) days after the date of filing. SECTION 23. RIGHT OF INSPECTION AND ACCESS. The Range premises and the operation of the facilities and services thereon will be subject to inspection by duly authorized assigns of the Commission to ensure strict compliance with the terms of the Agreement. The Concessionaire agrees to permit travel through and across the leased premises by representatives of state, federal or local governments at any reasonable time for any reason. SECTION 24. RECORDS AND RIGHT TO AUDIT. ' The Concessionaire shall maintain complete and accurate records that Provide a clearaudit trail of all receipts and disbursement and such additional records as the Commission deems necessary to adequately reflect the operations conducted on the Range premises. The Concessionaire shall be required to furnish the Commission certified copies of a statement of cross revenues including receipts of adjustments for returns and allowances, and profittloss from the operations authorized Page 157 of 439 by the Agreement, within one hundred and eighty (180) days after the end of each Concessionaire fiscal year. A. The Commission shall have the right and authority to audit all records documents, automated records, and books pertaining to the Concessionaire operation. Such audit shall be conducted at locations and at a frequency determined by the Commission and communicated to the Concessionaire. Concessionaire agrees to provide all necessary documentation for the audit at the designated place within fifteen (15) days after the Commission's notice is received and any additional documentation requested during the audit. The Concessionaire will be required to furnish the Commission audited annual financial statements within one hundred and eight (180) days after the end of each Concessionaire fiscal year. The audit shall be conducted by an independent certified public accountant in accordance with §215.97 F.S., Florida Single Audit Act. B. Records of original entry, source documents and all records pertaining to revenues and expenditures of the Agreement shall be retained for a period of three (3) years in auditable condition, except that such records shall be retained until final resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of the three (3) year retention period. The retention period commences from the date of submission of the annual audited financial statement required above. SECTION 25. PUBLIC RECORDS. All records in conjunction with this Agreement shall be public records in accordance with the laws applicable to the parties. SECTION 26. NO THIRD -PARTY RIGHTS. The parties hereto do not intend, nor shall this Agreement be construed to grant any rights, privileges or interest to any person not a party to this Agreement. SECTION 27. PROHIBITION OF UNAUTORIZED ALIENS. In accordance with Federal Executive Order 96-236, the Commission shall consider the employment by the Concessionaire of unauthorized aliens a violation of Section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Agreement if the Concessionaire knowingly employs unauthorized aliens. SECTION 28. EMPLOYMENT ELIGIBILTY VERIFICATION (E -VERIFY). A. Requirement to Use E -Verify. Section 448.095(2) Florida Statute requires every public employer, contractor, and subcontractor to: l.) utilize the U.S. Department of Homeland Security's E -Verify system Page 158 of 439 to verify the employment eligibility of all new employees hired by a public employer; contractor, and subcontractor during the contract term; and 2.) the requirement that contactors or subcontractors performing work or providing services utilize the E-Verify system to verify the employment eligibility of all new employees hired during the term of the contract. B. E-Verify Online. E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. The Department of Homeland Security's E-Verify system can be found online at https.J/www.e-verifv:gov. C. Enrollment in E-Verify. As a condition precedent to entering a contract/agreement with the Commission, The Concessionaire's contractors and subcontractors shall register with and.use the E-Verify system. Failure to do so shall result in the Agreement not being issued, or if discovered after issuance, termination of the Agreement. D. E-Verify Recordkeeping. The Concessionaire further agrees to maintain records of its participation and compliance with the provisions of the E-Verify program, including participation by its contractors and subcontractors as provided above, and to make such records available to the Commission or other authorized state entity consistent with the terms of the Concessionaire's enrollment in the program. This includes maintaining a copy of proof of the Concessionaire's contractors and subcontractors enrollment in the E-Verify Programa If the Concessionaire's contractor enters into a contract with a subcontractor, the contactor must provide the Concessionaire with an affidavit stating that the subcontractor does not. employ or contract with an unauthorized alien. The Concessionaire shall maintain a copy of such affidavit for the duration of the contract. E. Employment Eligibility Verification & Compliance. Compliance with the terms of the Employment Eligibility Verification provision is made an express condition of this Agreement and the Commission may treat'a failure to comply as a material breach of the Agreement. If the. Commission terminates the Agreement pursuant to Section 448.095(2)(c) Florida Statute, Concessionaire may not be awarded a public contract/agreement for at least 1 year after the date on which the Agreement was F terminated and the Concessionaire is liable for any additional costs- incurred by time Commission as a result of the termination of this Agreement. Page 159 of 439 SECTION 29. JURY TRIAL WAIVER. As part of the consideration for this Agreement, the parties hereby waive trial by jury in any action or proceeding brought by any party against any other party pertaining to any matter whatsoever arising out of or in any way connected with this Agreement, or with the products or services provided under this Agreement; including but not limited to any claim of quantum meruit. SECTION 30. ENTIRE AGREEMENT; WAIVER, MODIFICATION OR AMENDMENT. This Agreement with all incorporated attachments and exhibits represents the entire agreement of the parties. No waiver, modification, or amendment of this Agreement, or of any covenant, condition, or limitation contained herein shall be valid unless in writing and lawfully executed by both parties. It is the intention of the Commission and the Concessionaire that no evidence of any waiver, or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Agreement unless such waiver, or modification, or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements. REMAINDER OF THE PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 160 of 439 SIGNATURES IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed through their duly authorized signatories on the day and year last written below. CONCESSIONAIRE EXECUTION SIGNATURE COMUSSION EXECUTION SIGNATURE Indian River Board of County Commissioners Florida Flsh and Wildlife Conservation Commission Chairman (or Designee) Signature Executive Director (or Designee) Signature Print Name Print Name Title Title Date Date Approved as to form and legal sufficiency Approved as to form and legal sufficiency by Indian River BOCC Attorney: by FWC Attorney: Name: Name: Date: Date: ATTACHMENTS Attachments in this Agreement include the following: • Attachment A, Legal Description • Attachment B, Operational Plan • Attachment C, Rates, Rentals, and Fees for Shooting Range Page 161 of 439 ATTACHMENT A LEGAL DESCRIPTION A portion of Sections 25 and 26 of the Fleming Grant, Indian River County, Florida, being more particularly described as follows: Begin at on iron rod marking the Northeast corner of the lands described in O.R. Book 678, Page 339 of the Public Records of Indian River County, Florida, and run N 89'26'16" W along the North line of the lands described in said O.R. Book 678, Page 339, a distance of 2172.65 feet to a point in the South line of Section 26, Fleming Grant. Then run Along the Southwest line of Section 25 and Section 25 of Fleming Grant, 14 44'39'18" W a distance of 2900 feet, more or less, to a point lying in the East right—of—way line of State Rood 5 (Interstate95). Then run N 1'50'02" E, along the East right—of—way line of Interstate 95, a distance of 1688 feet, more or less to a point. Then run S 89'26'16" E, parallel with the North line of the lands described in O.R. Book 678, Page 339, a distance of 4259 feet, more or less, to a point lying in the Northerly extension of the East right—of—way line of 102nd Terrace. Then run S 920-14" W, along the Northerly extension of the East right—of—way line of 102nd Terrace as recorded in Plat Book 12, Poge 59 of the Public Records of Indian River County, Florida, a distance of 3730 feet, more or less, tothe Northeastcorner of 102nd Terrace, according to the said plot. Then run N 89'26'16" W a distance of BO feet to a point on the West right—of—way of 102nd Terrace and the POINT OF BEGINNING. Page 162 of 439 I. Operational Plan Hours of Operation The Indian River County Shooting Range (hereafter referred to as "Range") will be open to the public a minimum of 40 hours per week as per the Concessionaire Agreement requirement for public use. The range will be available to groups, organizations,. or individuals on an appointment basis during the days and hours not open to the public. Shooting activities will not begin prior to 6:00 a.m. nor continue past 9:00 p.m. The range will be open: on weekends. Marketing Plan As a governmental agency, Indian River County (hereafter referred to as "County") will market the range through County press release, mi County Parks & Recreation brochures, newsletters and through social media to our patrons.. We will have our brochure available at all area gun shops, pawn shops and other businesses related to shooting. An informational brochure and price sheet will be sent to area law enforcement and military organizations. Direct Marketin Direct Marketing will occur via mail or email blasts with previous customers based on their shooting interests. The time honored "word of mouth" recommendations from previous patrons has proven to be a benefit to our direct marketing efforts. Trade Show Marketing The County's Shooting Range Manager will be a member of the National Association of Shooting Ranges and will attend and promote our range at several lame trade and industry events around the country. The Range will host a table at local gun shows to promote the Range and talk to interested attendees. Organizational Marketing Range management will continue to work closely with the Florida Fish and Wildlife Conservation Commission (hereinafter "FWC") to improve on this unique partnership: Regularly scheduled FWC Hunter Education courses bringinterested groups to our doorstep: Local groups Page 163 of 439 such as Boy Scouts, 4-H and ROTC groups will continue their involvement with the Range on a regular basis. The Range management will continue its memberships in national organizations including the National Rifle Association, National Skeet'Shooting Association, National Sporting Clays Association, Amateur Trapshooting Association, National Shooting Sports Foundation and Rocky Mountain Elk Foundation to offer their programs and to promote the Range. Print Ad Marketing The Range will continue marketing in the National Shooting Sports Foundation list of ranges, National Rifle Association list of ranges, as well as several State of Florida publications that feature recreation or shooting. Range staff has worked with the Florida Department of Transportation for signage on I-95 and placement of entrance signs. Web Based Marketing The Range is featured on Indian River. County's website at indianriver.gov/range: We actively promote the Range through social media with Facebook page and Twitter accounts. These social media accounts offer all types of information such as. events, promotions, hours and upcoming classes. The Range is listed on the National Shooting;Sports Foundation's "Where to Shoot" member ranges, as well as links from many other shooting and recreation sites. Promotional Activities Staff will work with manufacturer representatives to have sponsored shoots at the Range. These events are frequently lucrative for the Range as manufacturers: and vendors pay for the cost, of advertising for the event which brings new patrons to the Range. The Range intends to develop strategic relationships with major firearms industry vendors. The Range management team,,is highly in tune with the motivations of manufacturers andthe various ways the two entities can help each other. This inside industry experience will be called upon to promote the :Range and its services. We intend to continue to showcase the Range, County and: community with more of these types of events:. II. SHOOTING OPPORTUNITIES Leagues : The Range will organize and promote clubs to be based from the Indian River County. Shooting Range. Staff will also run registered tournaments of alltypes. Leagues and clubs provide a great initial customer base to the Range. Industry experience has shown that when gone unchecked, . leagues have the capacity to financially damage retail ranges. League members often expect: unrealistic discounts and can potentially direct business away from the Range. Leagues also lend to occupy the Range during high usage periods, restricting the availability. of the facilities for other shooters. The Range is not averse to allowing the formation of shooting Ieagues and management is a Page 164 of 439 strong supporter of these activities, but the leagues will be strictly :limited to ensure there. is no negative impact to the perception of other:Range patrons or the Range business entity. Shooting 'Irwes The Range will offer pistol, rifle and shotgun shooting of all: types including airgun and archery. The ,types of shooting allowed on the range have been identified in previous sections. These activities are consistent with the engineering and .safety design specifications of the Range. The engineered range safety features will not be bypassed during specialized shooting activities such as action pistol, cowboy or plinking. Any activity forward of the static shooting lies will be closely monitored and controlled by the range management. All courses of fire will need to be pre -approved by Range management before any firing can commence. 11rsinine The Range will offer FWC Hunter Education and Bow Hunting courses as well as National Rifle Association safety classes. The Range's commitment to safety and training opportunities has been accentuated throughout this plan. The Range will constantly strive to offer the latest and most effective training opportunities to our patrons. As with the shooting opportunities listed above, no training program or class will undermine the safety features engineered into the Range. Facility Improvements Since the opening of the Range, Indian River County has added the following improvements: • Large storage building with roll door for clay and equipment storage • Replaced and upgraded the clay traps on the 5 -Stand • Built a walk through 14 station NFA archery course • Lighting has been installed on the rifle range,. pistol range, airgun range, field archery and 5 -Stand clays field • Baffle replacement on both the pistol and rifle ranges • A new actionpistol range is now.open for classes, clubs and events • A15 station walkthrough sporting clays course • A. three lighted combination skeet and trap fields with storage building including: improvements to the walkthrough sporting clays course • Multi -use classroom constructed that is used for hunter`s. education training coprses taught by the Commission and Range staff • An additional 15 -station walkthrough sporting clays course; now offering East` and West courses • Repaving of the entrance road Page 165 of 439 As an advocate of Total Quality Management, the Range has a strong commitment towards constantly evaluating our facility, operations and customer's needs to make sure we are doing everything possible to further the needs of state, county and the shooting public using our ranges. Maintenance will be a County function. We have made a substantial investment in equipment, and this equipment is vital to the Range and the services we offer, We will continue to maintain, replace and upgrade the buildings and equipment to provide a first-class range and shooter experience. Indian River County Shooting Range has added rear ready areas on both pistol and rifle ranges. Plus, we added sliding safety gates at the entrance to each range. Range booths on each of the pistol and rifle ranges provide on -range storage and bottled water for patrons. Safety is a paramount concern of the Indian River County Shooting Range. In the range office shooters will be required to read with staff the range rules and information. Range staff will continue to be on hand to answer questions. Shooters will continue to be required to sign a waiver and then will be issued a "waiver/rules acknowledgment card" before they can purchase a range pass for any use of our ranges. As mentioned in previous sections, our goal is to 'continue to exercise positive control over every shooting situation. Our Range Officers will be expected to be on the shooting lines during all shooting activities. Each shooter must check in with the Range Officer who will conduct a safety inspection of all firearms and answer any rules or safety questions. Normal commands on the firing line will be communicated via loudspeaker system. A Range Officer will be walking the firing line aiding shooters and providing safety. Page 166 of 439 ATTACHMENT C Indian River County Shooting Range Rates, Rentals, and Fees Target Range Admission (Rifle & Pistol Ranges) Adult* $15.00 per person Juniors (17 & under) * - $10.00 per person Admission (Shotgun) Clays $10.00 per 25 targets Clay Tournament Rate - $8.00 per 25 targets Admission (Archery) Adults - $4.00 per person Juniors (17 & under) - $2.50 per person Archery Course - $5.00 per person Juniors (17 & under) - $3.5 per person Admission (Air gun) Adults - $4.00 per person Juniors (17 — under) $2.50 per person Rentals (per availability) Action Field Rental $65.00 per hour Multi -Use Classroom $65.00 per hour Golf Cart Rental $25.00 Shotgun Rental $15.00 Page 167 of 439 FWC Contract No. 00252 A-1 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AMENDMENT NO.1 TO CONTRACT This Amendment to Contract No. 00252 , referred to as the Original Contract, is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and Indian River County Board of County Commissioners, F596000674-006, whose address is 1801 27th Street, Building A, Vero Beach, FL 32960, hereinafter "County", collectively, "Parties". WHEREAS, the Commission and the County entered into a Concessionaire Contract on March 13t,', 2001 for the operation of the Florida Fish and Wildlife Conservation Commission Indian River Public Shooting Range. WHEREAS, the Parties desire to renew that Contract. Now, therefore, in consideration of the mutual benefits set forth herein, the parties agree to amend the Original Contract, as follows, which amendments shall govern to the exclusion of any provision of the Original Contract to the contrary: In accordance with Provision two (2) thereof, the Original Contract, is hereby renewed for an additional 10 (ten) year term, commencing March 13, 2016, and terminating March 12, 2026. An updated 2016 Operations and Shooting Plan is attached to this Amendment as Exhibit All provisions of the ORIGINAL CONTRACT not specifically amended herein shall remain in full force and effect. Page 1 of 2 The Remainder of This Page Left Blank Version 1, Revised 6/10/2014 Page 168 of 439 FWC Contract No. 00252 A-1 IN WITNESS WHEREOF, the parties hereto have caused this Amendmeato Contract to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY FLORIDA FISH AND WILDLIFE BOARD OF COUNTY CONSERVA'T'ION COMMISSION :COMMISSIONERS. c Bob Solari, Chairman a le: _Ass -4-A br.-ej*,- Date approved: ` ,,f 1, :,.:,'Date: 0 S AGI 6 Page 2 of 2 Version 1, Revi 6/10/2014 Page 169 of 439 EXHIBIT B INDIAN RIVER COUNTY SHOOTING RANGE 10455 102ND Terrace Vero Beach, FL 32967 772-581-4944 I I )PO i11aoitirl /'lull _'U/h Hours of Operation The Indian River County Shooting Range (hereinafter referred to as "Range") will be open to the public a minimum of 40 hours per week as per the Concessionaire Contract requirement for public use. The Range will be available to groups, organizations, or individuals on an appointment basis during the days and hours not open to the public. Shooting activities will not begin prior to 6:00 a.m. nor continue past 9:00 p.m. The Range will be open on weekends. Marketing Plan As a governmental agency, Indian River County (County) will continue to market the Range through County press releases, in County Parks & Recreation brochures, newsletters and through social media to our patrons. We will have our brochure available at all area gun shops, pawnshops and other businesses related to shooting. The informational brochure and price sheet will be sent to area law enforcement and military organizations. Direct Marketing Direct Marketing will occur via mail or email blasts with previous customers based on their shooting interests. The time honored "word of mouth" recommendations from previous patrons has proven to be a benefit to our direct marketing efforts. Trade Show Marketing The County's Shooting Range Manager is a member of the National Association of Shooting Ranges and will attend and promote the Range at several large trade and industry events around the country. The Range will host a table at most local gun shows to promote the Range and talk to interested attendees. Organizational Marketing Indian River County Shooting Range management will continue to work closely with the Florida Wildlife Conservation Commission to improve on this unique partnership. Once the classroom is completed, regularly scheduled FWC Hunter Education courses will bring interested groups to our doorstep. Local groups such as Boy Scouts, 4-H and ROTC groups will continue their involvement with the Range on a regular basis. The Range management will continue its Page 170 of 439 EXHIBIT B memberships in national organizations including the National Rifle Association, National Skeet Shooting Association, National Sporting Clays Association, Amateur Trapshooting Association, National Shooting Sports Foundation and Rocky Mountain Elk Foundation to offer their programs and to promote the Range. Print Ad Marketing The Range will continue marketing in the National Shooting Sports Foundation list of ranges, National Rifle Association list of ranges, as well as several State of Florida publications that feature recreation or shooting. Indian River County Shooting Range staff has worked with DOT for signage on I-95 and placement of entrance signs. Web Based Marketing The Range is featured on Indian River County's website at ircgov.com. The Range now has its own website: www.goshootingirc.com. We actively promote the Range through social media with Facebook page and Twitter accounts. These social media accounts offer all types of information such as events, promotions, hours and upcoming classes. The Range is listed on the National Shooting Sports Foundation's "Where to Shoot" member ranges, as well as links from many other shooting and recreation sites. Promotional Activities Staff will work with manufacturer representatives to have sponsored shoots at the Range. These events are frequently lucrative for the Range as manufacturers and vendors pay for the cost of advertising for the event which brings new patrons to the Range. The Range intends to develop strategic relationships with major firearms industry vendors. The Range management team is highly in tune with the motivations of manufacturers and the various ways the two entities can help each other. This inside industry experience will be called upon to promote the Range and its services. We are the first range in Florida to host a major shooting industry event in the last 20 years. We intend to continue to showcase the Range, County and community with more of these types of events. Page 171 of 439 EXHIBIT B ll Vloo( pporlrouii, Leagues The Range will organize and promote clubs to be based from the Indian River County Shooting Range. Staff will also run registered tournaments of all types. Leagues and clubs provide a great initial customer base to the Range. Industry experience has shown that when gone unchecked, leagues have the capacity to financially damage retail ranges. League members often expect unrealistic discounts and can direct business away from the Range by selling to new initiates "out of their garage" Leagues also tend to occupy the Range during high usage periods, restricting the availability of the facilities for other shooters. The Range is not averse to allowing the formation of shooting leagues and management is a strong supporter of these activities, but the leagues will be strictly limited to ensure there is no negative impact to the perception of other range patrons or the Range business entity. Shooting Types The Indian River County Shooting Range will offer pistol, rifle and shotgun shooting of all types including air gun and archery. The types of shooting allowed on the Range have been identified in previous sections. These activities are consistent with the engineering and safety design specifications of the Range. The engineered range safety features will not be by passed during specialized shooting activities such as action pistol, cowboy or plinking. Any activity forward of the static shooting lines will be closely monitored and controlled by the range management. All courses of fire will need to be pre -approved by the range management before any firing can commence. Trainine The Range will offer Florida Wildlife Conservation Commission Hunter Education and Bow Hunting courses as well as National Rifle Association safety classes. Indian River County Shooting Range's commitment to safety and training opportunities has been accentuated throughout the plan. The Range will constantly strive to offer the latest and most effective training opportunities to the patrons. As with the shooting opportunities listed above, no training program or class will undermine the safety features engineered into the Range. Facility Improvements Since the opening of the Range, Indian River County has added the following improvements: • Large storage building with roll door for clay and equipment storage • Replaced and upgraded the clay traps on the 5 -Stand • Built a walk through 14 station NFA archery course • Lighting has been installed on the rifle range, pistol range, airgun range, field archery and 5 -Stand clays field Page 172 of 439 EXHIBIT B • Baffle replacement on both the pistol and rifle ranges • A new action pistol range is now open for classes, clubs and events • A 15 station walkthrough sporting clays course Perhaps the most exciting improvements are currently under construction: ✓ A $1,300,000 project to install three lighted combination skeet and trap fields with storage building including improvements to the walkthrough sporting clays course In the future, with funding and expertise from the Florida Wildlife Conservation Commission, the County plans to build a new classroom to be constructed near the new clays facilities. As an advocate of Total Quality Management, the Range has a strong commitment towards constantly evaluating our facility, operations and customer's needs to make sure we are doing everything possible to further the needs of state, county and the shooting public using our ranges. Maintenance will be a County function. We have made a substantial investment in equipment, and this equipment is vital to the Range and the services we offer. We will continue to maintain, replace and upgrade the buildings and equipment to provide a first class range and shooter experience. Indian River County Shooting Range has added rear ready areas on both pistol and rifle ranges. Plus we added sliding safety gates at the entrance to each range. Range booths on each of the pistol and rifle ranges provide on -range storage and bottled water for patrons. Safety is a paramount concern of the Indian River County Shooting Range. In the range office shooters will be required to read with staff the range rules and information. Range staff will continue to be on hand to answer questions. Shooters will continue to be required to sign a waiver and then will be issued a "waiver/rules acknowledgment card before they can purchase a range pass for any use of our ranges. As mentioned in previous sections, our goal is to continue to exercise positive control over every shooting situation. Our Range Officers will be expected to be on the shooting lines during all shooting activities. Each shooter must check in with the Range Officer who will conduct a safety inspection of all firearms and answer any rules or safety questions. Normal commands on the firing line will be communicated via loudspeaker system. A Range Officer will be walking the firing line aiding shooters and providing safety. Dated: January 1, 2016 Page 173 of 439 Florida Fish & Wildlife Conservation Commission s, Contract/Agreement Routing Review Form 1. TYPE: LINeiv I"lAmendment # 3 Ljrnsk Assignment # LJRenewal/Extension LJiwa (expenditure Contract expenditure Grant FlIt10A/M0U evenue Generating :. Contract Number: 00252 13. Contract Manager's Name/Telephone Number: KrisitnaButler/850-617-9546 1. Project Manager: Bill Cline I Date: 5/8/2023 Irelephone #: 850-413-0084 1 Division/Office HGM 5.1 1 Financial ✓ Non -Financial Method of Procurement: 42 -Leases with federal agencies and other Statekocal o Solicitation #: Project Title/Contract Description: Indian River County Public Shooting Range Concessionaire 7. Original Contract Amount Increase Amount Decrease Amount Revised Contract Amount $0 1 $0 $0 1 $0 . Contract Begin Date: 3/13/2001 Original End Date: 3/13/2026 New End Date: . Vendor Name: Indian River Board of County Commissioners Tele hone#: 772-226-1410 1O.Vendor's Contact Name: Bill Debraal 111. Vendor/Tax ID# F596000674 Se .# 006 2. Cost/Price Analysis Required? es ✓ '0 3. Risk Assessment Required? Yes I ✓ IND 4. Administrative Review/Signature Redelued lfReviewed Elearonically, check- box to indicate "Reviewed"and Include the continuous email of approvals. ! Reviewed In Hard Copy, please initial under "Reviewed" Print Name, Date and indicate 1 edits are requited Digitally signed by Kristina Sugar Contract Manager Name: Kristina Butler Date: 2023,05.08 11:31:67•04W Date: 5/8/2023 FCCM #: 5734-1902 Ifnot applicable, indicate with "N/A" Budget Reviewer Name: Date: Edits es o ✓ Delegate based on current Fiscal Year Delegation ofAuthoriw Div/Off Director or Delegate: Paul A. Schulz Dinh: "1 n;2, 00 Date: 5/10/2023 Edits• 'es ✓ No Ifnot applicable, indicate with -AIM Chief Information Officer: Date: Edits5les[INTO ✓ FBO Contract Admin.: Jordan Irving Date�:2aaa 6.06signed 1s:�i�a.50-04W Date: 6/6/2023 Edits: ✓ es o ✓ .i fr1.�Nr . Arn..rr ,e ..,w or rhr J.,1f.,. wrr; w�f,rr rfAr. 73:!).. w f,r�irw rr Fnxrr r.wrncr r.n. Nrqun.r OFy l�rr.rionA !^^^• ryyfr 6.l4vrr wuh -.�'A" General Services Section Leader: P.T. Stone Date:Digitally ',��;8103:-0400 Date: 09/18/2023Edits:oyes END 15. Contract Execution (Only The Final Execution MUST be Hard Copy Review/Signature) 1 not executed for any reason, please notify FBO Contract Administration and the Contract Manager Daniel Shubeck Date: 0230e 111422:44 42Daniel44-04*00' 7/11/2023 Legal Signature: Oate:2D23.07.1t 14:22:44-oa'00' Date; Print Name: Return to the Contract Manager fat• Vendor Signature Date Sent to Vendor: !1 I eizuzo Date Received Back from Vendor: 09/01/2023 By signature, the Contract Manager Confirms no changes were made after Legal review during initial routing and review. Kristina Butler Digitally Signed byKristine Suter 9/6/2023 Contract Manager Signature: Date: 2023.08.0617:21:43.04'00 Date: Print Name: Kristina Butler lfchanges were made after Legal reviciv, attach a documented list of changes and route back to Legal prior to proceeding with any further approvals or execution. Legal Signature: Date: Print Name: If not applicable (under S500k or less that 5 years or does not require OED Execution), indicate lyith "N/A" ** Sarah Barrett ale 2'=signed A$ lSarah oo Date: 9/18/2023 Chief Operating Officer Signature: Print Name: Sarah Barrett EXECUTION DATE: Executive Director or Designee Signature: (Dale Signed by Er. Dir. or Designee) Print Name:e, "X /t' 10& 4t- 91111123 FBO Contract Admin. Signature: Date Entered into FACTS: Date Received: Print Name: "Contract Attestation, if anticipated expenditures of $500,000 or more: I confirm that this contract or purchase order contains or complies with the requirements of FBO Memorandum 2016-01. Page 174 of 439 AMENDMENT STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FWC Contract No. 00252, Amendment #3 This Amendment to Contract No. 00252, referred to as the Original Contract, is entered into by and between the Florida Fish and Wildlife Conservation Commission, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission" or "FWC," and Indian River Board of County Commissioners, F596000674, whose address is 1840 25h St. Vero Beach, Florida 32960, hereinafter "Concessionaire" collectively, "Parties". CHANGES TO THE CONTRACT In consideration of the mutual benefits set forth herein and, in the Original Contract, the parties agree to amend the Original Contract as follows, which amendments shall govern to the exclusion of any provision of the Original Contract to the contrary: OPERATIONAL COST, Subsection g) of the Original is hereby amended to read as follows: The Concessionaire shall not commit waste on the premises; shall not conduct mining operations or drill for oil or gas upon the premises; shall not remove sand, gravel, or kindred substance from the ground; and shall not, in any manner, substantially change the contour or condition of the premises unless approved in writing by the Commission. The Concessionaire shall be responsible for lead remediation should it become necessary for such action on the Concessionaire's trap, skeet, and sporting clays fields. The Commission's contractor for lead remediation shall remain available to the Concessionaire for lead remediation on the rifle and handgun ranges. FEE STRUCTURE/IMPACT FEES of the Original Contract is hereby amended to read as follows: FEE STRUCTURE A fee shall be charged to the users of the Range. This fee shall be set by the Concessionaire. The fee structure may include a daily fee, an annual fee and/or a family fee. However, the amount charged may not exceed $20 per individual user of the rifle and handgun ranges and $.75 per target for trap, skeet and sporting clays. Range use fees for non-public shooting during times when the Range is scheduled to be closed to public shooting activities shall be established by the Concessionaire. These activities may include renting the Range to a public or private entity for in-service firearms training. All fees shall be included in the range operation and be part of the Concessionaire's gross range operating revenue.. During the time the Range is open to the public all Range patrons must have a valid permit on their person when engaged in the respective shooting activities on the Range, except those users for whom no charge is assessed pursuant to Commission -sponsored events and as elsewhere denoted in this Contract. It shall be the Concessionaire's responsibility to issue permits and to maintain records that provide a clear audit trail of Range use. The Commission shall approve the design of Range use permits issued by the Concessionaire. Page 175 of 439 FWC Contract No. 00252 PAVING, SPORTING CLAYS AND RIFLE AND HANDGUN RANGE IMPROVEMENTS is a new section added to the Original Contract to read as follows: The Concessionaire agrees to make enhancements to the facility by repaving the entry road and improving the sporting clays trail. To assist with these improvements the Commission is providing $200,000 in funding to enhance ADA compliance for the sporting clays stations and improvements in sound abatement and electronic targets on the rifle and handgun ranges. To spend funds provided by the Commission, the Concessionaire is required to coordinate purchases through the Commission Purchasing procedures. The Concessionaire is required to provide documentation (invoices) of the improvements made by the Concessionaire. These expenditures will be used as required matching funds for the Commission's grants. FWC Contract/Agreement Amendment Last Revised: 2.1 1.2022 Page 2 of 4 Page 176 of 439 FWC Contract No. 00252 SIGNATURES All provisions of the Original Contract not specificalh, amended herein shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment to Contract No. 00252 to be executed through their duly authorized signatories on the dad and year last written below. SELECT TYPE EXECUTION SIGNATURE COMIVIISSION EXEM"OKSIGNATURZ. .••'' VIMI$� • Florida Fish and Wildlife Consm.aden Indian River Board of County Commi3�fi�ers•••.�0. r J��' • •`� ommhslon Contrac or .'ignature sl7it!eaor(cpr tgn )Sig pure p� Joseph H. Earman A'"`•�+- i�oG- 14• NG - Print Name Print Name Chairman �xc2v� 'Title 'Title August 15, 2023 9 /t Date Da ATTACHMENTS Attachments in this Agreement include the following: Exhibit 13 - Proposed Fees (page 5 of Operational Plan) APPROVED ' - .FOW ANDEft ult,Gi�tavt BY 7-A GAll1 T1►/b1t0111MEir De"Clerk FWC Contract/Agreement Amendment hast Revised: 2;11:2{122 Page 3 o f' 4 Page 177 of 439 I -WC Contract No. 00252 Proposed Fees Target Range Admission (Rifle & Pistol Ranges) Adult* $6.50 per person/ max 3 hours Juniors (17 & under) * - $4.50 per person / max 3 hours Adult* $6.50 per person / max 1 % hours for 200 yds. Range Junior * $6.50 per person/ max 1 K hours ftp' 200 yds. Range (Shotgun) 5- stand sporting clays * - $6.25 per round (25) Sporting Clays Course * - $34.00 per 100 targets Non -Profit Sporting Clay Tournament* - $26.00 per 100 targets (Archery) Adults - $4.00 per person/ max 2 hours Juniors (17 & under) - $2.50 per person/ max 2 hours Archery Course - $6.00 per person- once thru Juniors (17 & under) - $4.00 per person- once thru Rentals (per availability) * Rifle & Pistol Ranges $175.00 per 4 hours -without lights $250.00 per 8 hours - without lights $200.00 per 4 hours -with lights Law Enforcement Agencies $150.00 per 4 hours -without lights $224.00 per 8 hours -without lights $1-0.00 per 4 hours - with lights Annual Contract (12 or more) This $125.00 per 4 hours -without lights $200.00 per 8 hours - without lights $145.00 per 4 hours -with lights 5 -Stand Rental $30.00 per hour & targets * Tournament fees will be negotiated through the Range Master FWC Contract/Agreement Amendment Last Revised: 2.1 1 2022 Page 4 ol'4 Page 178 of 439 Florida Fish & Wildlife Conservation Commission 0 Contract/Grant Routing Review Form 1. TYPE: LjNew =mendment # 2 ask Assignment # ORenewaVExtension Uhlodification FlExpenditure Contract r7lExpenditure Grant OA/MOU evenue Generatin 1. Contract Number: 00252 13. Contract Mans er's Name/Telephone Number: Keith Bettcher 1. Project Manager: Bill Cline Date: 12/5/2017 elephone #: 617-9546 Division/Office HGM i Q lFinancial V Non -Financial IMethod of Procurement: 42 -Leases with federal agencies and other State/Local u Solicitation #: 'roject Title/Contract Description: Indian River County Public Shooting Range Concessionaire 7 Ori inal Contract Amount Increase Amount Decrease Amount Revised Contract Amount $ 0.00 1 $ 0.00 $ 1 $0.00 . Contract Be igDate: 3/13/2001 Original End Date: 3/13/2026 New End Date: . Vendor Name: Indian River County Board of County Comm. Tele hone#: 772/226-1410 O.Vendor's ContactName: Bill Debraal 111. Vendor/Tax ID# F596000674 S!9.# 006 2. Cost/Price Analysis Required? I 1yes 1 1/ INO 13. Risk Assessment Required? I 1yes _ _4. -Ad" miinistrative Review/Signature If Reviewed Electronically, check box to indicate "Reviewed" and include the continuous email of approvals. Reviewed Berea o_0W WmFUMA R " 1Y rrnd ✓ Contract Manner Name: Keith Bettcher Date:12/5/2017 FCCM #:2827-16(d If not applicable, indicate with "NIA Budget Reviewer Name: NIA Date: Edits es o ✓ Delegate based on current Fiscal Year Delegation of Authority ✓ Div/Off Director or Delegate: Paul Schulz Date: 12-5-2017 Edits: es No If not applicable, indicate with 'N/A" Chief Information Officer: N/A Date: Edits es o FBO Contract Admin.: Judy Moats see comments in MOA Date: 12/18i2017 Edits:✓ es o ✓ Ifnot applicable (Under $125k), indicate with N/A" ✓ General Services Section Leader: Jon Creamer -comments in MOA Date: 12/19/2017 Edits: es qo 15. Contract Execution `0M&5T'hi Hard Copy Rev ewlNignatures) 71 ' If and the (.a ttct aar Legal Signature: Date: Print Name: Return to the Contract nager for Vendor Signature Date Sent to Vendor: 11,01V Date Received Back from Vendor: By signature, the Contract Manager Coi ni nsrig we Bade after Legal review during initial routing and review. �Tj"` Contract Manager Signature: _ _Date: Print Name: T If changes were made after Legal review, attach a documented list of changes and route back to Legal prior to proceeding with arty further approvals or execution. Legal Signature: Date: Print Name: If not applicable (under $500k or less than 5 years). indicate with "N/A" **Chief Operating Officer Signature: Date: Print Name: EXECUTION DATE: 91gn gn Executive Director or Designee Signature:- (Date Signed by F.x. Der. or Designee) Print Name: !Ilon s 4. &San ASSISTANT EXECUTIVE DIRECTOR Z % 1.1 b FBO Contract Admin. Signature: Date Entered into FACTS: Date Received: Print Name. "Contract Attestation, if anticipated expenditures of $500,000 or more: I confirm that" contractor purchase order contains or complies with the requirements of FBO Memorandum 2016-01. FWC-167R89&4(T85d1[Q13)a FWC Contract No. 00252 A-2 STATE OF FLORIDA FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION AMENDMENT NO.2 TO CONTRACT NO. 00252 This Amendment to Contract No. 00252, referred to as the Original Contract, is entered into by and between the FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, whose address is 620 South Meridian Street, Tallahassee, Florida 32399-1600, hereafter "Commission," and Indian River County Board of County Commissioners, whose address is 1801 27`h Street, Building A, Vero Beach, FL 32960, hereinafter "County", collectively, "Parties". WHEREAS, the Commission and the County entered into the Original Contract on March 1P, 2001 for the operation of the Florida Fish and Wildlife Conservation Commission Indian River Public Shooting Range; and WHEREAS, via Amendment No. 1, the parties renewed the Original Contract on February 2, 2016, for a period of ten (10) years, now to expire on March 12, 2026; and WHEREAS, the Indian River Public Shooting Range has grown into one of the finest public shooting ranges in the state of Florida. The facility now includes the following: • 5 -stand sporting clays • 3 combination skeet and trap fields • Pistol Range consisting of 35 firing stations • Rifle range with 29 stations including two 200 -yard target firing stations • Air gun range • 65 -yard archery range • Walk-through sporting clays course • Walk-through archery course • Gun shop • Fishing Lake WHEREAS, due to the expansion of the Indian River Public Shooting Range, transportation is necessary to accommodate those with special needs, and would be greatly enhanced with the use of golf carts modified to carry patrons, staff and equipment to various places around the Range; and WHEREAS, the Commission has applied for and received grant funding from the U.S. Fish and Wildlife Service (Grant) used to purchase ten (10) golf carts modified to carry four people including racks for guns and storage for equipment such as ammunition and clay targets; and WHEREAS, the Parties desire to amend the Original Contract to provide for the ownership, use and maintenance of the ten golf cars. Page 1 of 3 Page 180 of 439 FWC Contract No. 00252 A-2 NOW, THEREFORE, in consideration of the mutual benefits set forth herein, the Parties agree to amend the Original Contract, as follows: 1. The above recitations are true, correct and incorporated herein by reference. 2. The Commission shall deliver and the County will take into possession ten 2018 EZGO golf carts (Carts) modified to carry four people, with gun racks and storage to accommodate clay targets. 3. The Commission shall retain entitlement to the Carts and track them in their inventory system, but will transfer any warranty on the carts to the County. 4. The County shall be responsible for all maintenance and upkeep of the Carts, warrantied or otherwise. 5. The County agrees to comply with any and all terms of the Grant provided to the Commission for purchase of the Carts, including, but not limited to, use of the Carts exclusively for Indian River Public Shooting Range purposes. b. To the extent allowed by law, and without waiving its sovereign immunity, the County agrees to indemnify and hold the Commission harmless from liability due to the use of the Carts. 7. Once a Cart reaches the end of its useful life, which shall occur when the Commission determines the cost of repair(s) exceeds the value of the Cart, the Commission shall decide to: a. take possession and sell the Cart, and any proceeds returned towards the Federal Aid grant; b. take possession of the Cart for possible trade-in toward the purchase of new carts under a new Federal Aid grant; c. or other disposition of the Cart that is acceptable to the Commission and the Federal Aid restrictions. 8. Notwithstanding, all provisions of the Original Contract and Amendment No. 1 not specifically amended herein shall remain unchanged and in full force and effect. The Remainder of This Page Left Blank Page 2 of 3 Page 181 of 439 FWC Contract No. 00252 A-2 IN WITNESS WHEREOF, the parties hereto have caused this Amendment to Contract No. 000252 to be executed through their duly authorized signatories on the day and year last written below. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Peter D. O' Bryan, Date: ATTEST: Jeffrey R. Smith, Clerk of the Circuit Court and Comptroller By: Q Deputy Clerk Approved as to form and leWsufffilicie=ncy: B William K. DeBraal Deputy County Attorney Page 3 of 3 FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION ;t ----- Sutton, Executive Director 2/19/18 Approved as to form and legality by FWC Attorney: ' MCOMIX D. 1 Page 182 of 439 MEMORANDUM TO: Contract Reviewers FROM: Keith Bettcher, Contract Manager, Division of Hunting & Game Management DATE: January 2, 2018 SUBJECT: FWC Contract No. 00252 - Amendment 2, Indian River County Board of County Commissioners — Indian River Public Shooting Range Attached for your review is Amendment 2, FWC Contract #00252 between the Florida Fish and Wildlife Conservation Commission (FWC) and the Indian River County Board of County Commissioners. The FWC wishes to contribute the use of ten (10) golf carts to the County's concession operation of the shooting range. The FWC will retain ownership of the golf carts. This contribution will provide operational transportation around the shooting range to accommodate those with special needs, and will greatly enhance the ability to carry patrons, staff, and equipment to various places around the range. Thank you for your assistance. Page 183 of 439 Bettcher, Keith From: Contracts Sent: Tuesday, December 19, 2017 11:07 AM To: Bettcher, Keith Cc: Contracts; Schulz, Paul; Feiertag, Jim; Cline, Bill Subject: FW: FOR YOUR REVIEW: FWC Contract No. 00252 - A2, Indian River County BOCC Concession Indian River County Shooting Range Attachments: FWC Contract 00252 - A2 -Contract Review Memo.docx; FWC Contract 00252 - A2 Indian River County BOCC _CA Comments.docx; FWC Contract 00252 - A2 Contract Routing Form CA_GSSL.pdf Keith, Amendment 2 of Contract #00252 is ready for Legal review. piease note: Comments have been added to the MOA for consideration. Thank you! Judy Moats (850) 617-9648 Please help us improve our services by completing the following simple Customer Survey. MyFWC.com From: Creamer, Jon Sent: Tuesday, December 19, 2017 9:17 AM To: Contracts <contracts@MyFWC.com> Subject: FW: FOR YOUR REVIEW: FWC Contract No. 00252 - A2, Indian River County BOCC - Concession Indian River County Shooting Range Approved. Comments added in the MOA From: Contracts Sent: Monday, December 18, 2017 3:22 PM To: Creamer, Jon <Jon.Creamer@MvFWC.com> Cc: Contracts <contracts@MyFWC.com> Subject: FOR YOUR REVIEW: FWC Contract No. 00252 - A2, Indian River County BOCC - Concession Indian River County Shooting Range Jon, Please review amendment 2 of MOA 00252 whereby the Commission is agreeing to supply.10 golf carts to the Indian River County Shooting Range. Please note, I have added comment/questions for your consideration in the amendment. Thank you! Judy Moats (850)617-9648 Please help us improve our services by completing the following simple Customer Survey. Page 184 of 439 MyFWC.com From: Schulz, Paul Sent: Tuesday, December 05, 2017 1:15 PM To: Contracts <contracts@MvFWC.com> Cc: Cline, Bill <Bill.Cline@MvFWC.com>; Feiertag, Jim <Jim.Feiertag@MyFWC.com>; Bettcher, Keith <Keith.Bettcher@MyFWC.com> Subject: FW: FWC Contract No. 00252 - A2, Indian River County BOCC Concession Indian River County Shooting Range Approved. FBO is next in the process. Thanks! Paul A. Schulz Division of Hunting and Game Management Florida Fish and Wildlife Conservation Commission Visit MyFWC.com/Hunting From: Bettcher, Keith Sent: Tuesday, December 05, 2017 12:12 PM To: Schulz, Paul <Paul.Schulz@MyFWC.com> Cc: Feiertag, Jim <Jim.Feiertag@MyFWC.com> Subject: FWC Contract No. 00252 - A2, Indian River County BOCC - Concession Indian River County Shooting Range ATTN: Contract Reviewers SUBJECT: FWC Contract No. 00252 - A2 Indian River County Board of County Commissioners / IR Public Shooting Range Attached for your review is Amendment 2, FWC Contract 00252 between the Florida Fish and Wildlife Conservation Commission and the Indian River County Board of County Commissioners, who are the concessionaire at the Indian River Public Shooting Range, for the use of FWC owned golf carts in the operation of the shooting range. Please review the attached documents and if approved check off and date routing form; save document with your approval and attach to another email and forward with all attachments to the next reviewer. Please let me know if you have any questions. Thank you for your assistance. "Keith Bettcher Division of ` unfing and Game Management Florida Fish and Wildiife Conservation Commission 620 South Meridian Street Taliahassee, Fiorida 32399-1500 (850) 617-9546 keith. bettcheramyfwc. com Page 185 of 439 Be -Licher, Keiihl From: Schulz, Paul Sent: Tuesday, December S, 2017 8:40 AM To: Cline, Bill; Bettcher, Keith Cc: Will, Julia; Feiertag, Jim Subject: RE: Amendment no 2 for shooting range carts 2017 Attachments: Amendment no 2 for shooting range carts 2017.docx Suggested edits in the attached. Paul A. Schulz Division of Hunting and Game Management Florida Fish and Wildlife Conservation Commission Visit MyFWC.com/Hunting From: Cline, Bill Sent: Monday, December 04, 2017 7:21 PM To: Bettcher, Keith <Keith.Bettcher@MyFWC.com> Cc: Will, Julia <Julia.Will@MyFWC.com>; Feiertag, Jim <Jim.Feiertag@MyFWC.com>; Schulz, Paul <Paul.Schulz@MyFWC.com> Subject: Amendment no 2 for shooting range carts 2017 Keith Attached is an Amendment for Indian County Shooting Range addressing the use of range carts. Please review and route for signatures. Thanks, Bill William R. Cline Section Leader, Hunter Safety and Public Shooting Ranges V LORIDA FISH and WILDLIFE CONSERVATION COMMISSION 620 South Meridian Street, Tallahassee, FL 32399-1600 ;850! 41.3-0084 Fax: (850) 413-7989 Fish and wildlife research and management, fishing and hunting publications, fishing and hunting education programs, public access to waterways and public shooting ranges in Florida are funded in part by fishing and hunting license revenue and also through the Federal Aid in Wildlife and Soort FFish Restoration Pro ram (WSFR). The US Fish and Wildlife Service administers WSFR by collecting excise taxes on fishing equipment, motor boat fuels, archery equipment, sporting arms and ammunition. The money is distributed among state fish and wildlife agencies based on population, land size and the number of licensed anglers and hunters in each state. To support fish and wildlife management in Florida purchase a fishing or hunting license. @ *tm* MX Visit us at: MyFWC.com Page 186 of 439 Contract Number 00252 CONCESSIONAIRE CONTRACT FOR FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION INDIAN RIVER COUNTY PUBLIC SHOOTING RANGE Between Florida Fish and Wildlife Conservation Commission and Indian River County Board of County Commissioners The Florida Fish and Wildlife Conservation Commission, 620 S. Meridian Street, Tallahassee, Florida 32399-1600 (hereinafter Commission), hereby enters into a Concessionaire Contract with the Indian River County Board of County Commissioners, 1840 25`h St., Vero Beach, Florida 32960 (hereinafter Concessionaire) on this 13th day of March , 2001. WITNESSETH: Whereas the Commission is authorized by the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, owner of real property located at 10455 102nd Terrace, Vero Beach, FL 32967, and more particularly described as denoted on attached Exhibit A, and wishes to make available, under a Concessionaire Contract with the Indian River County Board of County Commissioners, the Florida Fish and Wildlife Conservation Commission Indian River Public Shooting Range (Range) located at the above address and expressly limited to the present range area (rifle/pistol, airgun and archery ranges), sporting clays range (and anticipated walk -though archery range) and associated impact area, office building and storage shed, all in Indian River County, Florida, to support Hunter Education training programs and recreational firearms shooting opportunities for the general public. Now, therefore, it is mutually agreed that upon the full execution of this Concessionaire Contract, the provisions of the Concessionaire's Operational Plan, attached hereto as Exhibit B, and this Concessionaire Contract shall comprise the total contractual agreement between the parties. In the event of conflict between this Contract and the exhibit(s), the terms of this Contract shall govern. Changes, modifications, approvals, and amendment requests referenced herein shall be addressed in writing to the Director, Office of Informational Services, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600. TERM OF THE CONTRACT This Contract shall be in full force for a period of fifteen (15) years commencing as of the above date and expiring fifteen (15) years from that date, unless terminated as provided herein. The amount of rent paid to the Commission and the fees charged to shooters may be adjusted through renegotiation of that portion of the Contract after the first year of operation Page 187 of 439 and thereafter no more often than annually with the approval of the Commission. Other amendments to this Contract shall be considered if mutually agreed to in writing by both parties. RENEWAL This Contract may be renewed for an additional term of ten years at the sole option of the Commission. No later than three months prior to the termination of the Concessionaire Contract, the Concessionaire may request to renew the Contract. The request to renew shall be made in writing to the Commission and is subject to the approval of the Commission. Any renewal of the Contract is subject to the express written approval of the Commission and must be in compliance with applicable laws. OTHER CONTRACTS This Concessionaire Contract and exhibit(s) shall contain the complete Contract between the Commission and the Concessionaire and, as of the effective date thereof, shall supersede all other contracts, communications or representations, either verbal or written, between the Commission and the Concessionaire relating to the subject matter hereof. RENTAL PAYMENTS The agreed upon annual fee for rental of the facility shall be 50% percent of the net profit of the total operation of the facility. The annual rental payment for the range shall be due to the Commission within one hundred and twenty (120) days following the end of the Concessionaire's fiscal year which shall be September 30, accompanied by a certified copy of the profit/loss statements as required by this Contract. The Concessionaire shall be entitled to retain 50% of all profit generated by the operation of the range. LATE FEE Should the Concessionaire fail to make the annual Rental payment, Concessionaire shall be charged interest at the rate of one and one-half percent (1 1/2 %) per month, or pro rata share thereof, on the amount of the delinquent payment commencing the first day following the due date of the Contract until paid. COMPLIANCE WITH LAWS 2 Page 188 of 439 The Concessionaire shall comply with all local, state and federal laws, codes, requirements, and regulations relative to the taking of wild animal life or freshwater aquatic life, use of the lands for outdoor recreational purposes as herein after provided, construction, safety, sanitation, permits, licenses, operation of the Range and all other matters pertaining to the activities conducted on the premises. NON -ASSIGNMENT The Concessionaire shall neither transfer nor assign the Concessionaire Contract nor sublet the premises or any part thereof nor grant any interest, privilege or license whatsoever in connection with the Concessionaire Contract or the real property without written approval of the Commission. The parties agree that the Commission has entered into the Concessionaire Contract with the Concessionaire because of the special and peculiar fitness and exceptional experience of the Concessionaire in carrying out the duties and covenants to which binds himself thereunder; and therefore, any assignment or delegation of the Concessionaire's covenants or duties thereunder, other than to employees of the Concessionaire or agents for the Concessionaire in the usual course of the Concessionaire's business, or approved in advance by the Commission, shall be without any binding effect whatsoever on either party and shall be null and void. SCOPE OF RANGE OPERATIONS The Indian River Public Shooting Range shall be occupied and used by the Concessionaire, or his duly authorized agents or employees, solely to conduct business in connection with recreational shooting activities by the general public and Commission sponsored shooting activities. Said business may include but is not limited to the following activities; a) A concession operation, providing items and services that are related to the approved shooting activities, such as firearms and ammunition and fishing - related items such as tackle, license and bait. Additional items such as soft drinks (no alcoholic beverages), snacks and related refreshment items may also be sold. b) The Range shall be open for public shooting a minimum of five (5) days per week, a minimum of forty (40) hours per week. The Range may be closed to the public up to two days per week. The Concessionaire is encouraged to open the range for public use on holidays. Changes in the Concessionaire's operational plan shall be submitted to and approved by the Commission's Hunter Education Administrator in advance of any operational changes being implemented. c) The Range shall be available at no charge to the Commission for Hunter 3 Page 189 of 439 Education training and other educational and professional training as needed. Hunter Education use will be scheduled with the Concessionaire by the Commission's Regional Hunter Education Administrator. Additional use by the Commission shall be scheduled with the Concessionaire so as to have minimal impact on public use of the facility. d) Recreational firearms, archery and airgun shooting by the general public. e) Competitive shooting events may be scheduled during open shooting hours for the general public when minimal impact of public access will occur. Such events shall not be scheduled on the dates or times when Hunter Education use is scheduled. f) Two (2) free hunter sight -in days shall be offered per year with the dates established by the Commission. g) Firearms training by groups or organizations, during hours/days when Range is not open for public shooting activities. h) Other activities as authorized in writing by the Commission. OPERATIONAL COSTS/PROCEDURES Except as otherwise provided in this Concessionaire Contract, operating costs, target frame replacement, routine maintenance and repairs caused by normal use of the Range shall be the responsibility of the Concessionaire. The Commission shall be responsible for repairs or replacement of major components of the Range necessitated as a result of natural disasters or other acts not related to wear and tear caused by normal use of the Range unless such damage occurs through the willful negligence of the Concessionaire. Major components of the Range consist of the covered shooting sheds, berms, sidewalks, restrooms, office building. a) The Concessionaire shall maintain the premises and all appurtenant structures and improvements in clean, sanitary, and good order and in a safe condition, all grass, shrubs and landscaping shall be trimmed and maintained, satisfactory to the Commission, and all such costs related thereto shall be borne by the Concessionaire. b) The Concessionaire shall provide, at its expense, a telephone for emergency use during operating hours. The Concessionaire shall operate its business as outlined in the Operational Plan (Exhibit B). Supervision of Range use shall enhance safety and provide efficient and effective services to promote return user visits. Staffing may be adjusted to meet service requirements. C) Maintenance, repairs, and financial loss through insurance protection from theft or vandalism of the automatic target throwing machines and their components shall be the responsibility of the Concessionaire. All equipment is being 4 Page 190 of 439 provided to the Concessionaire in new condition. d) The Concessionaire shall be responsible for all costs related to the maintenance and upkeep of the office/pro shop and providing the services outlined in Exhibit B (Operational Plan) and this Concessionaire Contract. C) The Concessionaire shall not rent to or allow the use of equipment by persons under the influence of alcohol or drugs or disorderly persons, nor shall such persons be permitted to enter or remain upon the premises. The Concessionaire shall be responsible for administering a range safety introduction to all range patrons (while operating under normal operating hours, when the Range is open to public use). f) The Concessionaire shall not engage in any activities or allow anyone to engage in activities on the premises which are contrary to the full and orderly public utilization of the Range premises except as otherwise provided herein. g) The Concessionaire shall not commit waste on the premises; shall not conduct mining operations or drill for oil or gas upon the premises; shall not remove sand, gravel, or kindred substance from the ground; and shall not, in any manner, substantially change the contour or condition of the premises unless approved in writing by the Commission. The Commission shall be responsible for lead removal should it become necessary for such action. The Concessionaire shall collect an impact fee of $1 per shooter for rifle and pistol ranges, and .50 cents per 25 rounds of sporting clays. h) The Concessionaire shall obtain prior written approval from the Commission for any utility easements which are necessary to service authorized facilities on the premises. All other easements are prohibited and shall be void and without legal effect. I) The Concessionaire shall have the responsibility to maintain all notices posted at the Range by the Commission including, but not limited to, the Notice of Range Rules and the Notice of User Liability. Additional rules may be established by the Concessionaire subject to approval of the Commission. j) It is expressly understood and agreed that any articles which are the subject of, or required to carry out this Concessionaire Contract shall be purchased from the Corporation identified under Chapter 946, F.S. if available, in the same manner and under the same procedure set forth in Section 946.515 (2), (4), F.S.; and for purposes of this Contract the person, firm or other business entity carrying out the provisions of the Contract, shall be deemed to be substituted for the Commission insofar as dealing with said corporations are concerned. The "Corporation identified" is PRISON REHABILITATIVE INDUSTRIES & DIVERSIFIED ENTERPRISES, INC. (P.R.I.D.E.), which may be contacted 5 Page 191 of 439 at: P.R.I.D.E. 5540 Rio Vista Drive Clearwater, Florida 34620-3107 Telephone Number: (727) 535-4900 FEE STRUCTURE/ IMPACT FEES A fee shall be charged to the users of the Range. The fee structure may include a daily fee, an annual fee and/or a family fee. However, the amount charged may not exceed the amount indicated in the Concessionaire's Operational Plan (Exhibit B), unless amended through the established procedures. The fee structure includes the amount to be charged for use of the rifle, pistol, airgun, archery ranges and shotgun shooting facilities and/or a combination of all the ranges. Range use fees for non-public shooting during times when the Range is scheduled to be closed to public shooting activities shall be established by the Concessionaire. These activities may include renting the Range to a public or private entity for in-service firearms training. All fees shall be included in the range operation and be part of the Concessionaire's gross range operating revenue. The fee structure or000sed by the Concessionaire in Exhibit B (Operational Plan), reflects the amount charged to the shooter plus one dollar ver shooter on the rifle and pistol range and .50 cents per twenty-five (25) round target shotgun shooting impact fee, all of which shall be deposited in an interest bearing account to be paid with interest to the Commission quarterly (collectively, range shooting impact fees). Upon termination or completion of the Contract, any remaining funds in the account, including interest, shall be immediately remitted to the Commission. During the time the Range is open to the public all Range patrons must have a valid permit on their person when engaged in the respective shooting activities on the Range, except those users for whom no charge is assessed pursuant to Commission -sponsored events and as elsewhere denoted in this Contract. It shall be the Concessionaire's responsibility to issue permits and to maintain records that provide a clear audit trail of Range use. The Commission shall approve the design of Range use permits issued by the Concessionaire. Commission representatives may, at their discretion, check patrons' permits. Five (5) verified and recorded failures per year of the Concessionaire to insure compliance by persons engaged in shooting activities on the Range may constitute breach of Concessionaire Contract at the sole discretion of the Commission. IMPROVEMENTS/EXPANSION OF RANGE At the Commission's discretion, the Concessionaire may have the opportunity, during the term of this Concessionaire Contract, to erect such structures and provide such equipment and materials upon the premises as may be desired to enhance the activities and services 6 Page 192 of 439 authorized under this Concessionaire Contract, provided no structures may be erected, altered, placed upon or removed from the premises unless and until the design and proposed location, alteration, placement or removal thereof is approved in writing by the Commission. Any and all structures, which shall constitute fixtures, shall at the option of the Commission remain upon the premises at the expiration of the term of this Concessionaire Contract and become the sole property of the Commission. At the Commission's option the Concessionaire may be required to remove unwanted structures or fixtures at the Concessionaire's expense. In the event this Concessionaire Contract or any material term or condition thereof is breached by the Concessionaire and this Concessionaire Contract is terminated, any and all structures, buildings, or fixtures shall at the Commission's discretion remain upon the premises as part of the recreation site and become the sole property of the Commission. In the event this Contract is terminated for reasons other than expiration or breach by the Concessionaire, Concessionaire shall have the option, at its own expense, within thirty (30) days of termination, of removing fixtures or structures which it has installed. a) Expansion: Any expansion or modification to the facility must be approved by the Commission in writing prior to any work being done and shall be at the sole discretion of the Commission as evidenced in writing. b) Cost of Expansion: Any cost associated with expansion of the Range beyond its present facilities and services shall be the responsibility of the CONCESSIONAIRE unless approved otherwise in writing by the Commission. PERMITS AND LICENSES The Concessionaire shall obtain all permits and licenses necessary to conduct the business related to the Concessionaire Contract and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. All required permits and licenses must be obtained prior to commencement of any operation by the Concessionaire. A copy of each permit or license shall be provided to the Commission on or before the date the Concessionaire opens for business. PAYMENT OF TAXES, ASSESSMENTS, AND UTILITY FEES The Concessionaire shall have responsibility for all liabilities that accrue to the leased premises or improvements thereon, including any and all drainage and special assessments or taxes of every kind which may hereafter be lawfully assessed and levied against the premises during the term of the Concessionaire Contract. In addition, Concessionaire shall pay all charges for the furnishing of gas, electricity, water, or other public utilities to the Range premises. 7 Page 193 of 439 RELATIONSHIP OF PARTIES It is understood that no employer-employee relationship exists between the Commission and the Concessionaire, and the Commission is not responsible for providing Workers' Compensation insurance and withholding services for the Concessionaire or his employees. There is no conflict of interest or any other prohibited relationship between the Concessionaire and the Commission. REPRESENTATIONS The Commission and the Concessionaire stipulate that neither of them has made any representations except such representations as are specifically contained within this Concessionaire Contract and each party acknowledges reliance on its own judgement in entering into the Concessionaire Contract. The Commission and the Concessionaire further acknowledge that any payments or any representations that may have been made outside of those specifically contained in this Concessionaire Contract are of no binding effect and have not been relied upon by either party in its dealings with the other in entering into this Concessionaire Contract. This Concessionaire Contract will be binding upon each of the parties thereto, their heirs, or successors, and shall be assignable only upon the written consent of the Commission. BREACH AND TERMINATION The Commission and Concessionaire agree to faithfully execute the covenants and contracts as set forth in this Concessionaire Contract. The Concessionaire Contract may be terminated in accordance with the following: a) The Commission or the Concessionaire may terminate this contract with 90 days written notice without cause. b) The Concessionaire Contract shall terminate if mutually agreed upon by both parties that such action would be in the best interest of the Commission and the Concessionaire. C) The Concessionaire Contract shall terminate immediately upon the Commission giving written notice to the Concessionaire in the event the premises are used for criminal purposes with the knowledge or consent of the Concessionaire. This Contract shall terminate immediately upon the Commission given written notice to the Concessionaire in the event of fraud or willful misconduct or material breach of this Contract. The Commission shall allow sixty (60) calendar days to correct a breach of this Contract. 8 Page 194 of 439 d) In the event of material breach of any of the covenants, terms or conditions hereof by Concessionaire, the Commission shall provide Concessionaire written notice to remedy such material breach. If Concessionaire fails to remedy such material breach within 60 days of written notice, the Commission may terminate the Concessionaire Contract effective immediately and all of Concessionaire rights hereunder, and recover from Concessionaire all damages the Commission may incur by reason of the breach and termination of the Concessionaire Contract. e) This Contract shall terminate upon the Commission given written notice to the Concessionaire in the event the annual Contract payment is not paid when due. Such termination is at the sole option of the Commission. f) This Contract shall terminate upon the Commission given written notice to the Concessionaire, in the event the Concessionaire, his agents or employees fail to abide by all laws, rules and regulations relating to the taking of wild animal life or freshwater aquatic life, on the Range premises. NO WAIVER OF BREACH The failure of the Commission to insist in any one or more instances upon strict performance of any one or more of the covenants, terms and conditions of this Concessionaire Contract shall not be construed as a waiver of such covenants, terms and conditions, but the same shall continue in full force and effect, and no waiver by the Commission of any of the provisions of this Concessionaire Contract shall in any event be deemed to have been made unless the waiver is set forth in writing by the Commission. MODIFICATION OR AMENDMENT OF AGREEMENT No waiver, modification, or amendment of this Concessionaire Contract, or of any covenant, condition, or limitation contained herein shall be valid unless in writing and lawfully executed by both parties. It is the intention of the Commission and the Concessionaire that no evidence of any waiver, or modification or amendment shall be offered or received in evidence in any proceeding or litigation between the parties arising out of or affecting this Concessionaire Contract unless such waiver, or modification, or amendment is in writing and executed as aforesaid. The provisions of this section shall not be waived without compliance with said writing and execution requirements. ASSIGNMENT The Concessionaire shall not assign any or all of the rights, liabilities, duties or obligations of the Contract nor subcontract any part of the Contract without the written 7 Page 195 of 439 consent of the Commission. LIABILITY OF THE PARTIES Except as prohibited by law, the Concessionaire shall indemnify and hold harmless the Commission from any and all claims or demands for any personal injury or property damage resulting from, or arising out of the Concessionaire's use, operation or occupancy of the Range premises. The Concessionaire shall investigate any and all claims of every nature, at its own expense, relating to the Concessionaire's use, operation or occupancy of the Range premises. Nothing contained in the Concessionaire Contract shall be deemed to constitute a waiver of sovereign immunity on the part of either party or to affect, limit or reduce the protection afforded the Commission under the provisions of §375.251 and §768.28, F.S., or to effect, limit or reduce the protection afforded the landowner under the provisions of §375.251, F.S., or to protect Concessionaire from liability for any deliberate willful or malicious act of the Concessionaire. INSURANCE REQUIRED During the term hereof, the Concessionaire shall maintain a modified self-insurance program in keeping with Indian River County Board of County Commissioners' administrative policy and under provision of Section 768.28, Florida Statutes. Additionally, the Concessionaire shall provide written proof of insurance for commercial general liability for personal iniurv. death and property damage as well as workers' compensation insurance as required by the Florida Workers' Compensation Law. INDEMNITY Except as prohibited by law, the Concessionaire shall indemnify and hold the Commission harmless from and against all cost, judgements, attorney's fees, expenses, obligations and liabilities of any kind and nature which the Commission may incur or sustain in connection with or arising from the Contract or any court actions arising hereunder. In addition, the Concessionaire hereby agrees to be responsible for any injury or property damage resulting from any activities conducted under this Contract. PROHIBITION AGAINST LIENS The Concessionaire will not cause any lien to be filed against the premises or Concessionaire. If any mechanics lien is filed for labor or materials furnished or to be furnished to the Concessionaire, such lien shall be discharged by the Concessionaire within thirty (30) days after the date of filing. RIGHT OF INSPECTION AND ACCESS 10 Page 196 of 439 The Range premises and the operation of the facilities and services thereon will be subject to inspection by duly authorized assigns of the Commission to insure strict compliance with the terms of the Concessionaire Contract. The Concessionaire agrees to permit travel through and across the leased premises by representatives of state, federal or local governments at any reasonable time for any reason. RECORDS AND RIGHT OF AUDIT The Concessionaire shall maintain complete and accurate records that provide a clear audit trail of all receipts and disbursements and such additional records as the Commission deems necessary to adequately reflect the operations conducted on the Range premises. The Concessionaire shall be required to furnish the Commission certified copies of his statement of gross revenues including receipts of adjustments for returns and allowances, and profit/loss from the operations authorized by the Concessionaire Contract, within one hundred and eighty (180) days after the end of each Concessionaire fiscal year. a) The Commission shall have the right and authority to audit all records, documents, automated records, and books pertaining to the Concessionaire operation. Such audit shall be conducted at locations and at a frequency determined by the Commission and communicated to the Concessionaire. Concessionaire agrees to provide all necessary documentation for the audit at the designated place within fifteen (15) days after the Commission's notice is received and any additional documentation requested during the audit. The Concessionaire will be required to furnish the Commission audited annual financial statements within one hundred and eighty (180) days after the end of each Concessionaire fiscal year. The audit shall be conducted by an independent certified public accountant in accordance with Section 215.97, Florida Statutes, the Florida Single Audit Act. b) Records of original entry, source documents and all records pertaining to revenues and expenditures of this Contract shall be retained for a period of three (3) years in auditable condition, except that such records shall be retained until final resolution of matters resulting from any litigation, claim, or audit that started prior to the expiration of the three (3) year retention period. The retention period commences from the date of submission of the annual audited financial statement required above. PUBLIC RECORDS The Concessionaire Contract may be terminated by the Commission should Concessionaire fail to allow public access pursuant to Chapter 119, Florida Statutes, to all documents, papers, letters or other materials made or received in conjunction with the 11 Page 197 of 439 Concessionaire Contract. If the Concessionaire seeks or is subject to a judicial determination as to the scope of records required to be disclosed under Chapter 119, F.S. and such judicial determination is sought or defended by the Concessionaire in good faith, the Concessionaire shall abide by the judicial determination and, in such a case, shall not be considered to have breached the Concessionaire Contract. NO THIRD PARTY BENEFICIARIES This Contract in no way affords to any third party legal benefits or otherwise the ability to enforce provisions of this Contract. NON-DISCRIMINATION As a condition of this agreement, the Concessionaire hereby covenants and agrees not to discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring pursuant to this agreement. UNAUTHORIZED ALIEN WORKERS In accordance with Executive Order 96-236, the Commission shall consider the employment by any Concessionaire of unauthorized aliens a violation of section 274A(e) of the Immigration and Nationalization Act. Such violation shall be cause for unilateral cancellation of this Contract, if the Concessionaire knowingly employees unauthorized aliens. PUBLIC ENTITY CRIMES In accordance with §287.133(2)(a), Florida Statutes, 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 entity or a 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 contractor with any public entity, and may not transact business with any public entity in access of the threshold amount provided in §287.017, Florida Statutes, for CATEGORY II for a period of 36 months from the date of being placed on the convicted vendor list. JURY TRIAL WAIVER The parties hereto, for the considerations herein, expressly waive the right of jury trial in any legal or equitable matters stemming from this Concessionaire contract. 12 Page 198 of 439 1\ DISCRIMINATORY VENDORS The parties shall abide by Chapter 287 and §287.134, Florida Statutes, as to the non- acceptance of discriminatory vendors. IN WITNESS HEREOF, the parties hereto have executed this Contract through their duly authorized signatories on the date and year first above written. STATE OF FLORIDA COUNTY OF LEON a &&J— WitAss Witness FLORIDA FISH AND WILDLIFE CONSEATION COMMISSION far- ALLAN L. EGBERT, Ph.D. Executive Director ThVle(ly4,., regoing Contract was acknowledged before me this?day of '2001 by --�, xj who is personally known tome. 2444-.611 M.Y.,,Q0mmissiQA pje s My�•r. t.fY COtAt AjSSt011 x CC707-862 EffiRES Dacrmber 23, 2001 INC STATE OF FLORIDA COUNTY OF INDIAN RIVER Attest: JA. Barton. Clerk of Circ0l Court J JIMMIE C. BEVIS APPROVED AS TO FORM Notary Public AND LEGAL�UFFI I NCY N� L„n V COMMISSIOn Attorney INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Caroline D. Ginn, hairman The foregoing Contract was acknowledged before me this10th day of April , 2001 by Carol i nP p- (-,inn who is personally known to me &X%VbbXft0d0M XXXXXXXXXXXXXXXXXXXXXXX$Xld=Utioao ol4xx Kimberly E. Massung My Commissdbn Expires Jy Notary Public •; ._ JAY COMMISSION n CC855436 EXPIRES July 15, 2003 BONDED THP.UTZOYFAIN INSURANCE ,INC 13 Page 199 of 439 LEGAL DESCRIPTION A portion of Sections 25 and 26 of the Fleming Grant, Indian River County, Florida, being more particularly described as follows: Begin at on iron rod marking the Northeast corner of the lands described in O.R. Book 678,. Page 339 of the Public Records of Indian River County, Florida, and run N 89'26'16" W along the North line of the lands described in said O.P.. Book 67B, Page 339, a distance of 2172.65 feet to o point in the South line of Section 26, Fleming Grant. Then run Along the Southwest line of Section 26 and Section 25 of Fleming Grant, IJ 44739'18" W a distance of 2900 feet, more or less, to a point lying in the East right—of—way line of State Road 5 (Interstate 95). Then run N 1'50'02" E, along the East right—of—woy line of Interstate 95, a distance of 1688 feet, more or less to a point. Then run S 89'26'16" E, parallel with the North line of the lands described in O.R. Book 678, Page 339, a distance of 4259 feet, more or less, to o point lying in the Northerly extension of the East right—of—way line of 102nd Terrace. Then run S 0'20' 14" W, along the Northerly extension of the East right—of—way line of 102nd Terrace as recorded in Plot Book 12, Page 59 of the Public Records of Indian River County, Florida, a distance of 3730 feet, more or less, to the Northeast corner of 102nd Terrace, according to the said plat. Then run N 89'26'16" W a distance of 80 feet to a point on the West right—of—way of 102nd Terrace and the POINT Or BEGINNING. EXHIBIT A Page 200 of 439 INDIAN RIVER COUNTY SHOOTING RANGE 10455 102"d Terrace Vero Beach, FL 32967 561-581-4944 Operational Plan Hours of Operation The Indian River County Shooting Range (hereafter referred to as IRCSR) will be open to the public a minimum of 40 hours per week as per the contract for public use. The range will be available to groups, organizations, or individuals on an appointment basis during the days and hours not open to the general public. Shooting activities will not begin prior to 6:00 a.m. nor continue past 9:00 p.m. The range will be open on weekends. Marketing Plan As a governmental agency, IRCSR will market the range through county press release, in Parks & Recreation brochures, and in a newsletter to our patrons. We will also have our brochure available at all public places as well as sent to area gun shops, pawn shops and other businesses related to shooting. An information and price sheet will be sent to area law enforcement, and military organizations. Direct Marketing Direct Marketing will occur via mail or verbal communications with previous customers based on their shooting interests. Trade Show Marketing The IRCSR Range Master II will be a member of the National Association of Shooting Ranges, and will attend and promote our range at several large trade and industry events around the country. We will have a table at most local gun shows to talk and promote the range. Organizational Marketing IRCSR will work with all the state and national organizations from the NRA and NSSF to state organizations such as FSSA & FWC. We will become members of most of these EXHIBIT B Page 201 of 439 organizations to offer their programs and to promote our range. The FWC Hunter Education courses, as well as Boy Scouts, 4H and ROTC groups will be involved with the range. Print Add Marketing IRCSR will have an ad in the yellow pages, Blacks Wing Clay, NASR list of ranges, NRA list of ranges, as well as several State of Florida publications as relates to recreation or shooting. We have County signage as well as working with DOT to get signage on I-95. Web Based Marketing IRCSR will be added to Indian River County's website as well as N.A.S.R.'s "Where to Shoot", NRA's member ranges, as well as links from many other shooting and recreation sites. Promotional Activities IRCSR will have an open house during our "Site in Days" where we will ask several manufacturers and vendors to display their products. We will bring in events that are spectator friendly to promote the range. IRCSR will work with manufacturer representatives to have sponsored shoots at the range. These events are typically extremely lucrative for the range in that the manufacturers and vendors assume the advertising and supply burden. IRCSR intends to develop strategic relationships with major firearms industry vendors. IRCSR management is highly in tune with the motivations of manufacturers and the various ways the two entities can help each other. This inside industry experience will be called upon to promote the range and its services. Shooting Opportunities Leagues IRCSR will promote and start-up clubs to be based from our range. We will also run registered tournaments of all types. Leagues and clubs provide a great initial customer base to the range. Industry experience has shown that when gone unchecked, leagues have the capacity to financially damage retail ranges. League members often expect unrealistic discounts and can direct business away from the range by selling to new initiates "out of their garage". Leagues also tend to occupy the range during high usage periods, restricting the availability of the facilities for other shooters. IRCSR is not adverse to allowing the formation of shooting leagues, and management are strong supporters ofthese activities, but the leagues will be strictly limited to ensure there is no negative impact to the perception of other range patrons or the IRCSR business entity. Page 202 of 439 Shooting Types IRCSR will offer pistol, rifle and shotgun shooting of all types as well as archery and airgun. The types of shooting allowed on the range have been identified in previous sections. These activities are consistent with the entineering and safety design specifications ofthe range. The engineered range safety features will not be bypassed during specialized shooting activities such as action pistol, Cowboy or plinking. In no case will shooters move forward ofthe firing line and negate the effectiveness of the baffles, backstop and berms. Training IRCSR will offer NRA safety classes as well as FWC Hunter Education and Bow Hunting courses. IRCSR's commitment to training opportunities has been accentuated throughout the plan. IRCSR will constantly strive to offer the latest and most effective training opportunities to our patrons. As with the shooting opportunities listed above, no training program or class will undermine the safety features engineered into the range. Facility Improvements IRCSR will be adding to the facility a walk-thru sporting clays course and a walk-thru archery course. We also will be adding lights for nighttime use on the rifle, pistol and 5 -stand ranges. As an advocate of Total Quality Management, IRCSR has a strong commitment towards constantly evaluating our facility, operations and customers needs to make sure we are doing everything possible to further the needs of the company and the shooting public. Initial Capital Improvement projects anticipated during the first three years include: Maintenance Building The addition of a maintenance and storage shed is in the works. Maintenance will be a County function. We intend to make a substantial investment in equipment, and this equipment is vital to the range and the services we offer. A maintenance shed will provide the physical security from the elements and vandals necessary to provide a high level of maintenance. This shed will probably be located behind the Pro Shop. Range Officer Booths Page 203 of 439 IRCSR has added rear ready areas on both pistol and rifle ranges. Safety is a paramount concern of IRCSR. As mentioned in previous sections, our goal is to exercise positive control over every shooting situation. Our RO's will be expected to be on the line during all shooting activities. Each shooter must check in with the RO who will conduct a safety inspection of all firearms and give a safety brief. Normal commands on the firing line will be communicated via Ioudspeaker system An RO may still walk the firing line aiding shooters, as long as the RO is controlling the safety of the line from the RO booth without distraction. The Range Officer booths will be designed to ensure all shooters and their firearms are checked for safety prior to approaching the firing and preparation areas. The RO booths may be equipped with video monitoring systems and a phone for emergency situations. Page 204 of 439 Proposed Fees Target Range Admission (Rifle & Pistol Ranges) Adult* $6.50 per person / max 3 hours Juniors (17 & under)* - $4.50 per person/ max 3 hours Adult * $6.50 per person / max 1 % hours for 200 yds. Range Junior * $6.50 per person / max 1 '/z hours for 200 yds. Range (Shotgun) 5- stand sporting clays * - $6.25 per round (25) Sporting Clays Course * - $34.00 per 100 targets Non -Profit Sporting Clay Tournament * - $26.00 per 100 targets (Archery) Adults - $4.00 per person / max 2 hours Juniors (17 & under) - $2.50 per person / max 2 hours Archery Course - $6.00 per person — once thru Juniors (17 & under) - $4.00 per person — once thru Rentals (per availability) * Rifle & Pistol Ranges $175.00 per 4 hours — without lights $250.00 per 8 hours — without lights $200.00 per 4 hours — with lights Law Enforcement Agencies $150.00 per 4 hours — without lights $224.00 per 8 hours — without lights $170.00 per 4 hours — with lights Annual Contract (12 or more) $125.00 per 4 hours — without lights $200.00 per 8 hours — without lights $145.00 per 4 hours — with lights 5 -Stand Rental $30.00 per hour & targets * Tournament fees will be negotiated through the Range Master * lead remediation charges will be charged in addition to the rate for each shooter Page 205 of 439 qG File ID: 2026-589 Indian River County, Florida Memorandum Type: Consent Agenda Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 To: Board of County Commissioners Through: John Titkanich Jr., County Administrator Anthony Warren, Building & Facilities Director. From: Rob Skok, Manager, Capital Projects Date: 04/07/2025 Subject: Fire Station 7 (IRC -1911) - Change Order No. 1, Final Pay Application/Release of Retainage= Project Closeout Background: On May 26, 2024, the project was advertised for bid and :all sealed bids were opened on July 10, 2024. W&J Construction Corporation was considered the lowest, responsive, responsible bidder for the project with a bid total of $7,130,185.74 and was subsequently awarded the project on 8/20/2024. Analysis: Change Order No. 1 is to make final adjustments to contract bid items for a (decrease) to the total contract by ($261,284.37) resulting in a final contract price of $6,868,901.37. W&J Construction Corporation has completed the project and has. been paid $6,525,456.30 to date. Contractor is due Pay Application #16 for $343,445.07 held in retainage for a total payout of $343,445.07. Budgetary Impact: Funding for this project is available in Optional Sales Tax/Fire Services/fire, Station No.7 Construction. Contractor retainage for $343,445:07 is held in account 315-206000-19020. Previous Board Actions: The Board awarded Bid No. 2024041 to W&J Construction Corporation on August. 20, 2024, for Fire Station 7 Construction. Potential Future Board Actions: NiA Page 206 of 439 Strategic Plan Alignment: N/A Other Plan Alignment: N/A Staff Recommendation: Staff recommend approval of Change Order No. 1 and payment of Contractor's Final Application of Payment to W&J Construction Corporation in the amount of $343,445.07. Attachments: 1. Change Order 1 2. IRC -1911 PA16 2026-04-01 - Retainage Page 207 of 439 SECTION 00942 - Change Order Form DATE OF ISSUANCE: 4/1/26 No. 1 EFFECTIVE DATER/1/26 OWNER: Indian River County CONTRACTOR W & J Construction Corporation Project: Fire Station No. 7 OWNER's Project No. IRC -1911 OWNER'S Bid No. 2024041 You are directed to make the following changes in the Contract Documents: Description: Reason for Change Order: The project is complete. This change order is intended to make final adjustments to the bid line and items and time to finalize the contract. Attachments: (List documents supporting change) Description of Itemized Changes CHANGE IN CONTRACT Chadwick PRICE: Time Description Amount Original Contract Price $7.130,185.74 Net Increase (Decrease) from $0 previous Change Orders No. to (days) Contract Price prior to this $7,130,185.74 Change Order: Net increase (decrease) of $(261,284.37) this Change Order: (days or dates) Contract Price with all $6.868,901.37 approved Change Orders: ACCEPTED: By: L�- : (:�= CONTRACTOR (Signature) Date: 04/07/2026 CHANGE IN CONTRACT TIMES Chadwick Description Time Original Contract Time: (days or dates) Substantial Completion: Final Completion: Net change from previous Change Orders No. to (days) Substantial Completion: Final Completion: Contract Time prior to this Change Order: (days or dates) Substantial Completion: Final Completion: Net increase (decrease) this Change Order: (days or dates) Substantial Completion: Final Com letion: Contract Time with all approved Change Orders: (days or dates) Substantial Completion: Final Completion: RECOMMENDED: Rob Skok,= °:o�"°°a:-;'-o-, Byo.,a ozsao„ a, aoa Project Manager (Signature) Date: APPROVED: Chadwick s�M:°�a0w 0-7 By: Bacon eF °°=aFs °.:a�s.oa.w 13:a:07-oa'W OWNER (Signature) Date: 00942-1 F:\Building&FacilitiesDept\Projects\IRC - 1911 Fire Station 7\1-Admin\Agenda Items\Project Closeout\Change Order 1.doc Rev. 05/01 Change Order 1 Page 208 of 439 CHANGE ORDER NO. 1 DESCRIPTION OF ITEMIZED CHANGES PROJECT NAME: Fire Station 7 PROJECT NO. IRC -1911 BID NO. 2024041 1 Timber Crossing 1 1 50 715.00 50 715.00 2 Window Chane 1 1 6,615.89 6,615.89 3 Tree Prunning for FPL 1 1 12,075.00 12,075.00 4 Drawing sheet changes, 22 sheets 1 1 17,170.77 17,170.77 5 Main Breaker for MPD to 100% rates 1 1 19 002.43 19 002.43 6 Flooring Changes per Fire Department 1 1 10 715.86 10 715.86 7 Fans, Utility valves 1 1 46,006.91 46,006.91 8 Pie in Retention area, Fill, grading for FPL transformer pad 1 1 6,450.00 6,450.00 9 Kitchen - switch out counters to SS cabinets 1 1 20,346.73 20,346.73 10 Irrigation/Sod 1 1 24,316.95 124,316.95 11 Stucco Band per Architect 1 1 4,725.00 4,725.00 12 Fire Lid Issue/Dampers 1 1 85 344.50 85 344.50 13 Additional Data Lines 1 1 3,811.50 3,811.50 14 Lockers 1 1 18,221.70 18,221.70 15 Mini Splits 1 1 13,096.26 13,096.26 16 Exterior Signage 1 1 1,919.17 11,919.17 17 Gates at Gas Easement 1 1 3,335.46 3,335.46 18 Tile Base 1 1 1,406.92 1406.92 19 Access Control for 3 Doors 1 1 12 810.00 12 810.00 20 Fire Sprinkler Heads 1 1 3,280.20 3,280.20 21 Moisture Mitigation 1 1 14 631.75 14 631.75 22 Corner guards 1 1 306.24 306.24 23 Material Testing, ARVs, Fire Extin ushers 1 1 49,039.63 49,039.63 24 Exit Signs, Li hts 1 1 1,165.50 1,165.50 25 Reconcile Balances 1 1 30 979.96 30 979.96 FA FORCE ACCOUNT LS 1 570,000.00 SUBTOTALS I 1 1 383,102.48 1 -644,386.85 PROJECT NAME: Fire Station 7 TOTAL $ (261,284.37) 1Page 209 of 439 F:1BuildirV&Fw1XinDepAPnjectsVRC -1911 Fire Statim 711-AEmnlAgenda It—Trcject CbaernlVtwind Chmges SECTION 00622 - Contractor's Application for Payment IRC -1911 Fire Station No. 7 Application for Payment No. 1911-16 - Retainage For Work Accomplished through the period of 2/01/2026 through 2/28/2026 . To: Indian River County (OWNER) From: W & J Construction Corporation (CONTRACTOR) Project No.: IRC -1911 Bid No.: 2024041 1) Attach detailed schedule and copies of all paid invoices. 1. Original Contract Price: $7,130,185.74 2. Net change by Change Orders and Written Amendments (+ or -): $-261,284.37 3. Current Contract Price (1 plus 2): $6,868,901.37 4. Total completed and stored to date: $6,868,901.37 5. Retainage (per Agreement): 0% retainage: $0 6. Total completed and stored to date less retainage (4 minus 5): $6,525,456.30 7. Less previous Application for Payments: $6,525,456.30 8. DUE THIS APPLICATION (Retainage at 5%): $343,445.07 CONTRACTOR'S CERTIFICATION: UNDER PENALTY OF PERJURY, the undersigned CONTRACTOR certifies that (1) the labor and materials listed on this request for payment have been used in the construction of this Work; (2) payment received from the last pay request has been used to make payments to all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, below; (3) title of all Work, materials and equipment incorporated in said Work or otherwise listed in or covered by this Application for Payment will pass to OWNER at time of payment free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond acceptable to OWNER indemnifying OWNER against any such Lien, security interest or encumbrance); (4) all Work covered by this Application for Payment is in accordance with the Contract Documents and not defective; and (5) If this Periodic Estimate is for a Final Payment to project or improvement, I further certify that all persons doing work upon or furnishing materials or supplies for this project or improvement under this foregoing contract have been paid in full, and that all taxes imposed by Chapter 212 Florida Statutes, (Sales and Use Tax Act, as Amended) have been paid and discharged, and that I have no claims against the OWNER. Attached to or submitted with this form are: 1. Signed release of lien forms (partial or final as applicable) from all subcontractors, laborers, materialmen and suppliers except as listed on Attachment A, together with an explanation as to why any release of lien form is not included; IRC-1911_PA16_2026-04-01 - Retainage 00622-1 s\728 -Indian River County FS No 7\Hccounting\Owner Pay Apps\Obsolete\March 2026 - Retainage\IRC-1911_PA16_2026-04-01 - Retainage.doc Page 210 of 439 9N Indian River County, Florida Memorandum Indian River County Administration Complex 1801 27th Street Vero Beach, Florida 32960 Indian River County Website File ID: Type: Meeting Date: 2026-588 Consent Agenda April 21, 2026 To: Board of County Commissioners Through: John Titkanich Jr., County: Administrator Sean Lieske, Utilities Director Howard Richards, Manager- Capital Projects From: Paola Talavera, Utilities Associate Engineer Date: 04/08/2026 Subject: Approval of the Budget to Procure Materials and Construct Lift Station Upgrades for Lift Stations 1227 and 1180, IRC Project IDs 21.26.514 and 21.26.516 Background: The Indian River County Department of Utilities Services (IRCDIJS) owns and operates wastewater collection infrastructure comprising approximately 529 miles of sanitary sewers, and over 417 lift stations (LS). Of those lift stations, some perform more critical functions than others, including receiving a high volume of flows, serving critical.infrastructure, and being in areas of high environmental risk. Lift station 1227, located at the intersection of CR 510 and Jungle Trail, receives flow from the entire beachside system and repumps it towards the receiving wastewater reclamation facility, while LS 1180, located at the front edge of the Sebastian River Middle School property, receives all the flow from the City of Fellsmere. Analysis: The deterioration of lift stations 1227 (fixed asset #172534) and 1180 (fixed asset #147850)1 have progressed rapidly, which has expedited the.need for their capital renewal. Both.of.these assets are fully depreciated which was confirmed by the Clerk of the Circuit Court & Comptroller office (Comptroller). Given the condition of the lift stations: and.the critical role they play in the wastewater collection system, staff have determined capital renewalvannot be deferred to the next fiscal year without increasing operational and regulatory risk. To minimize delays, staff requested and received approval from the County Administrator to purchase materials and construction services that were not included in the budget. Staff has requested quotes for the necessary electrical components as well as for the labor contractor price for construction. Page 211 of 439 Given the urgency of the failing lift stations, staff is requesting approval to proceed with the capital renewals of both LS 1180 (PID 21.26.516) and 1227 (PID 21.26.514). Upon completion of the projects, the total costs will be capitalized. The quoted cost for LS 1180 is $26,820.00 for electrical components and services from Complete Electric and $149,269.20 for construction services by labor contractor Industry Standard, for a subtotal of $176,089.20. For LS 1227, quotes came out to $22,980.00 from Complete Electric and $179,914.40 for Industry Standard, for a subtotal of $202,894.40. The total for both lift stations is $378,983.60. Budgetary Impact: Expenses, in the amount of $202,894.40, for the LS 1227 project will be recorded in the UTILITIES/WIP/510/AIA REPUMP LS 1227 RENEWAL account, number 471-169000-26514. Expenses, in the amount of $176,089.20, for the LS 1180 project will be recorded in the UTILITIES/WIP/SEB MID SCL MN PUMP 1180 RENEW account, number 471-169000- 26516. Since this is an operating capital project, the funds will come from fund balance. Operating funds are derived from water and sewer sales. Previous Board Actions: None noted. Potential Future Board Actions: None noted. Strategic Plan Alignment: Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community; embracing innovation, technology, and resiliency. Other Plan Alignment: None noted. Staff Recommendation: Staff recommends the Board of County Commissioners approve the budget to procure materials and construct lift station capital renewals for a total cost of $176,089.20 for lift stations 1180 (fixed asset #147850) and $202,894.40 for LS 1227 (fixed asset #172530), both of which are fully depreciated, and waive the requirement for bids. Should the cost exceed the approved budget, an amendment will be brought back to the board to increase the budget. Attachments: 1. Proposal 26-1 IRC LS 1180 Rehabrl 2. Proposal 26-10 IRC LS 2027 Rehabrl 3. IRC UTILITIES -LS# 227 -Refurbishment 4. IRC UTILITIES -LS# 1180 Refurbishment Page 212 of 439 IS iNDUSTRYSTANDARD RFP Proposal To: Chris Hanson- Indian River County Project: LS 1180 Rehab Address: 9400 Co Rd 512, Sebastian, FL 32958 RFP# 2026005 I.S. Job # 26-11-00 Date: 3/2/2026 Work Description Lift Station rehab of LS 1180. Lift station to be cleaned and Vac tuck to remove debris in existing WW. Installation of Bypass System and operation. Lift Station Pipe to be removed from well and VV and changed to above ground assembly with concrete pad and pipe supports per detail. FM to be Usti into exdstsing Isolation Valve onsite. Existing VV top slab to be removed and filed in with 01. Valve assembly to change to above ground assembly with bypass connection. Retro fn safety grate to be installed on existing WW top slab. Contractor to core holes in WW for LS pipe, FM, Vent, ARV drain. Install new Bases, Base plates and HDPE Pipe from WW to above ground assembly. DIP pipe to be used for above ground piping and Ue into existing FM. Concrete pad form and pow around LS and Generator Pad, Electrical panel and Valve assembly. 10" FM drop to be removed and replaced. Shutdowns to be coordinated with IRC. Relocate RTU tower and Demo electrical Pole and panel after Power is shut down. U# Description OTY Unit Unit Rate Price Alb Mobilization 1 LS 1 $ 2.000.00 $ 2,000.00 Aid CoMned aoeen 1 LS $ 82.00 $ 82.00 Ata Traffic control MOT 200 LF $ 1.50 $ 300.00 Aha Sewer pipe -DIP for Forcemain 4" 15 LF $ 105.00 $ 1,575.00 A7a DIP. Flanged joint 4" 28 LF $ 428.00 $ 11984.00 A10a Connect to existirg p1 e 2 EA $ 3.000.00 $ 6M.00 A15c Ductile fittings 0.3.1 TN 1 $ 28.800.00 $ 8.640.00 A17a 4" Stainless Steel hardware 20EA $ 180.00 $ 3600.00 A22f Bal valve assembly 2" 1 EA $ 1,010.00 $ 1010.00 A38 2" ARV 1 EA 8,500.00 S 8.500.00 A38b 4" Pipe removal 35 LF $ 60.00 $ 2,100.00 A381, 10" Pie removal 12 LF $ 70.00 $ 840.00 B1 6" Concrete pad 20 BY $ 250.00 $ 5,000.00 B51b Fill 20 BY $ 125.00 $ 2.500.00 B6a Sod Bahia 100 BY $ 5.80 $ 580.00' Crew time (Reroute FM and reinstall, Demo D2d electrical rack and give IRCpanel) 16 HR $ 315.00 $ 5,040.00 Crew time (Grading, form work, epoxy in W W,instal safety grate,service pole removal, D2d Inalocate RTU) 16 HR S 315.00 S 5,040.00 Ela 4w Bypass pumping setup and operation 35 Da $ 550.00 $ 19.250.00 E3a Plug Valve 4" 2 EA $ 2300.00 $ 4,600.00 E4a Pipe supports 2 EA $ 1750.00 $ 3,600.00 ESa Check Valve 4" 2 EA $ 2,820.00 $ 5,840.00 E6a Pump Connection and cap 1 EA $ 1,580.00 1.680.00 E7 a 4" HDPE Vertical ce, fittings 8 FI adaptors 2 EA $ 8,200.00 $ 16,400.00 Ellis 4" Horizontal Pie supports 2 FA 1 $ 2.000.00 $ 4,000.00 Eg s Pump disharge base 4" 2 EA $ 3,950.00 $ 7,900.00 Ell a 2" SS guide rails 80 LF $ 52.50 S 4,200.00 E12 a 2" Guide rail top bracket 2 EAS 460.00 920.00 Ei4b Cable hanger bracket 1 EA $ 640.00 640.00 E21 Pressure ahing WW 250 SF S 5.50 $ 1 375.00 E23a IDIP J -vent w/ neer 8 bug screen 1 EA $ 5,000.00 111 6,000.00 E26 a Core hole up to Sin depth 5 EA $ 420.00 2100.00 F Miecelaneous Matenal F7 WW retrofit Safety Grate 61"X31" 1 LS $ 7105.70 $ 1105.70 F7 Vactruck 1 LS $ 2,587.50 $ 2587.50 FI Base Tates SS 2 EA $ 1,840.00 $ 3680.00 Sub Total : 8149,26920 Total Proposal, N49 8820 Industry Standard Jay Breig mreiemh-sc.ea.ro.rom Approval: - PLEASE SIGN We look fcrward to providing you with great service and a completed job. Page 213 of 439 IS INDUSTRY STANDARD RFP Proposal To: Chris Hanson- Indian River County Project: LS 1227 Rehab Address: 2134 Aut.. Ln RFP*2025005 1. S. Job If 26-10-00 Date: 3/212026 Work Description Lift Station rehab of LS 1227. Lift station to be cleaned and Vac tuck to remove debris in existing WW. Installation of Bypass System and operation. Lift Station Pipe to be removed from well and VV and changed to above ground assembly with concrete pad and pipe supports per detail. FM to be tied Into existsing Isolation Valve onsite. Existing VV top slab to be removed and flied In with fill. Valve assembly to change to above ground assembly with bypass connection. Retro Tit safety grate to be installed on existing WW top slab. Terminal MH will need to be cleaned and Pressure washed and coated with sewpercut. Contractor to core holes in WW for LS pipe and install new Basal, Base Plates and HDPE Pipe from WW to above ground assembly. DIP pipe to be used for above ground piping and be into existing FM. Concrete pad form and pour around LS, Electrical panel and Valve assembly. 57 Stone to be placed around LS after concrete Is poured. LI* Description DTY Unit Unit Rate Price All, Mobilization 1 LS $ 2,000.00 $ 2,000.00 Aid Confined space en 1 LS $ 82.00 $ 82.00 Ata Traffic control MOT 200 LF $ 1.50 $ 300.00 ABc Sewer pipe - DIP for Forcemain 8' 15 LF $ 115.00 $ 1,725.00 A7c Di Flanged joint 8' 28 LF $ 550.00 $ 15,400.00 A10a lConnect to existing 1 I EA $ 3.000.00 1 $ 3.000.00 A15c Ducilefibin s 0.5 TN $28,800.00 $ 14,400.00 A17C 8" Stainless Steel hardware 20 EA $ 255.D0 $ 5,100.00 A22f Bal valve assembly 2" 1 EA $ 1,010.00 $ 1,010.00 A36 2' ARV 1 EA $ 8,500.00 $ 8,500.00 A38d 8' Rps rom-I 45 LF 1 $ 65.00 $ 2,925.00 B7 IS' Concrete as 10 1 BY $ 250.00 $ 2,500.00 FIII 10 BY $ 125.00 $ 1,250.00 57 Stone S read around concrete ad 20 BY $ 120.00 $ 2,400.00 Sod Bahia rD2d 50 BY $ 5.80 $ 290.00 Crew time (Rercula FM arC -metal. Demo etIn rock nd iveIRC anal 16$ 315.00 $ 5G40.00 Crew time (Gracing, form work, epoxy in WW,Instal safel rate 8 HR $ 315.00 $ 2.52000 tc 6"B a seta and o tion 35 De $ 720.00 $ 25.200.00 E31,3 Plun Valve 8" Rause 1 existing) 2 EA $ 3,350.00 $ 6,700.00 E4a Pipe surte 2 EA $ 1,750.00 $ 3500.00 Esc Check Valve 8' Install on 2 EA $ 1.600.00 $ 3,200.00 Ebb Pump Connection and cap 1 EA $ 1,890.00 $ 1,890.00 E7 c 8" HOPE Vertical pipe, ficin s 8 FI adaptors 2 EA $10,900.00 $ 21,800.00 E8c 8"Horizontal Pi S supports 4 1 FA $ 2,080.00 $ 8320.00 E9 b Pump disharrie base 6" 2 EA $ 3,950.00 $ 7,900.00 E10b 8x6 reducer 2 EA $ 1,650.00 $ 3,300.00 Ell a 2' SS gu,d. rails 80 LF $ 52.50 $ 4,200.00 E12 a 2' Guide rail top bracket 2 EA $ 460.00 $ 920.00 E14b Cable harans bracket 1 EA $ 640.00 $ 640.00 E15a iHydmblast Manhole 195 SF $ 5.50 $ 1,072.50 E18a Coura Manhole - Sewparomt 195 SF $ 28.06 $ 5,460.00 E20 Hydraulic cement grouting and repair 15 SF $ 15.00 $ 225.00 E21 Pressure washing WW 500 SF $ 5.50 $ 2,750.00 E23a DIP J -vent w/ riser 8 bug screen 1 EA $ 5.000.00 $ 5,000.00 E26 a Core hole up to Tin depth 4 EA $ 420.00 $ 1,680.00 F Miscellaneous Material F1 WW retrofit Safety Grate 5'x4' 1 LS $ 1,447.40 $ 1,447.40 F1 Vactruck 1 LS $ 2,587.50 $ 2,587.50 F1 Base plates SS 1 2 1 EA 1 $ 1,840.00 $ 3,680.00 Sub Total : $179.914.40 Total Proposal: 57799U.40 Industry Standard Jay Brdg Jb1d,@IE-atsnderd.ram Approval����y� PLEASE SIGN We look forward to providing you with great service and a completed job. PAGE 1 rof-1 Page 214 of 439 Complete Electric, Inc. 637 Sebastian Blvd. Sebastian, FI. 32958 Indian River: (772) 388-0533 Brevard: (321) 726-0601 St. Lucie: (772) 344-3444 Fax: (772) 388-2411 EC0001911 www.completeelectricinc.com Date: Tuesday, March 31, 2026 Name: Indian River County Utilities Attn: Charles DePinho Address: 4360 418t Street, Vero Beach, FL 32967 Email: cdepinho@indianriver.aov Phone: 203-232-7198 Re: CR 510 Lift Station Refurbishment Complete Electric, Inc. Is Pleased To Present You, With Our Proposal Detailed Below: Scope of Work: Provide the required electrical services for the Lift Station updating and refurbishment that is taking place. • Construct a new service rack for the Control Panel, and all electrical components. This will be placed on the south side of the well/pits up near the fence. • Utilize the (3) 21' 4" aluminum conduit/pipe sections that are being provided by IR County utilities for this rack. We will furnish the 316 -grade stainless steel strut for all horizontal supports. • Install a new 200A, three phase, aluminum FPL approved lever bypass meter can on the far -right side of the rack. • Install new conduit with new 200A UG feeders from Meter can to FPL Transformer. • Install (2) LED light fixtures on the existing poles. Remove old light fixtures and discard. • Install (2) 8' CU ground rods, and CU ground wire at meter can. • Reuse the existing 200A, Non fuse style, stainless steel three phase ON/OFF disconnect. This will be placed on the rack; immediate left of FPL meter can. **No fees are included for replacement ON disconnect at this time. • Install conduits from ON/OFF disconnect to existing Tradewinds generator for 200A line side feeders. Install conduit from Tradewinds generator, back to Control panel with 200A Load side feeders. Tradewinds generator to remain in same location, on same concrete pad. • Mount owner supplied Lift Station Control Cabinet on the new equipment rack. Control Cabinet will need to be delivered to the site by IRC Utilities. We will utilize boom truck to lift, and place control panel on the rack. Page 215 of 439 • Mount owner supplied Stainless Steel pull box to the immediate left of the new Control Panel. Install (3) 2" horizontal Seal -Off fittings between C.P. and pull box. Install (3) 2" Vertical Seal -Off fittings from bottom of pull box, for the conduits that enter the pit. • Core drill (3) horizontal holes through concrete wall of the pit and stub each conduit inside the pit. **No fees are included for entering the pit, or for pulling motor leads, or float leads through these conduits. • Stub out a 1" conduit from Control Panel to the Telemetry tower location. • Utilize PVC conduits for all below grade work, and aluminum conduit for all above grade, exposed work. Utilize all aluminum fittings, and/or Stainless steel. All fasteners and hardware will be 316 grade stainless steel. • Coordinate a power outage with FPL so we can pull out the old feeders and then pull the 200A feeders back in when we are ready. No provisions are in place for rental, or portable power during this time. • Indian River County permit fees are included for "Service Change". This will be required in order for FPL to restore power to Lift Station. • If Electrical Engineer is required due to this being a 480V service, additional fees would apply for their review, and sealed permit plans. TOTAL QUOTE: $22.980.00 GENERAL NOTES: Only the items listed above are included in this quote. If further work is requested it will be completed at a separate time and material rate. Trenching (if needed) will be completed in a neat and professional manner. Any pre-existing conduits or cables that have not been properly buried, may become damaged while our crew is trenching. If such a situation were to occur, it will be the sole responsibility of the Owners to have any necessary repairs made. Terms & Conditions: 1. If inspection is required you will need to be present to allow the inspector access. If you are not present the inspection will not pass, and there could be a re -inspection fee. If re -inspections fees are required due to non -access, customer agrees to pay. 2. This proposal is based upon the current costs of material and labor. Should the market price of materials increase by five (5) percent or more the customer agrees to pay the cost associated with such increase. 3. This Proposal is valid for thirty (30) days from the Proposal date. 4. If The AHJ Requires Additional Devices Or Items Not Indicated On The Plans, Or Not Included In The Specifications They Will Be Added At Additional Cost. 5. Quote Based On Working Hours, 7:00 AM — 3:30 PM. 6. Damage Resulting From the Installation Of Our Scope Of Work To Underground Items That Have Not Been Identified By Locates Will Not Be The Sole Responsibility Of The Electrical Contractor. 7. No Permit fees or FPL fees are included unless otherwise noted above. 8. All Work will be performed in accordance to the National Electric Code standards and current Florida Building Codes. Please contact us if we can provide you with any additional information. Page 216 of 439 9. If work does not commence within 30 days of the date of this proposal, or if work is delayed after the designated start date by customer, Complete Electric, Inc. reserves the right to increase the price to the current material cost at that time. Estimator: Mike Madeary Payment Schedule: 30% due at signing of quote, balance upon completion. 2.5% fee will be added to all Credit Card payments of $1000.00 or more. PAYMENT LIABILTY Customer signature signifies authorization of quoted work and acceptance of payment liability. Payment is due upon completion of work or satisfactory passing of any required inspection. If the invoice is not paid and tine Contractor engages an attorney to enforce collection the customer agrees to pay all expenses including court costs and reasonable attorney fees to be fixed by any court in which said attorney is required to appear. The Customer further agrees that he or she may be sued in an Indian River County, Florida Court, the payment for material and labor provided under this contract shall be due and payable in full on the above date and shall be made at our office in Sebastian, Florida. Interest at the rate of 1.5% per month (18% annually) shall be charged for any amount not paid within the said 20 days. In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, including appellate proceedings. If judicial proceedings are necessary to enforce the terms of this contract, venue shall be in a State of Florida court of competent jurisdiction in Indian River County, Florida. Customer Signature Date F: SERVICE QUOTES 2026: Page 217 of 439 Complete Electric, Inc. 637 Sebastian Blvd. Sebastian, FI. 32958 Indian River: (772) 388-0533 Brevard: (321) 726-0601 St. Lucie: (772) 344-3444 Fax: (772) 388-2411 EC0001911 www.completeelectricinc.com Date: Tuesday, March 31, 2026 Name: Indian River County Utilities Attn: Charles DePinho Address: 4360 41St Street, Vero Beach, FL 32967 Email: cdepinho@indianriver.aov Phone: 203-232-7198 Re: Lift Station #1180-(SRMS) Refurbishment Complete Electric, Inc. Is Pleased To Present You, With Our Proposal Detailed Below: Scope of Work: Provide the required electrical services for the Lift Station updating and refurbishment that is taking place. • Construct a new service rack for the Control Panel, and all electrical components. This will be placed on the north side of the well/pits. • Utilize the (3) 21' 4" aluminum conduit/pipe sections that are being provided by IR County utilities for this rack. We will furnish the 316 -grade stainless steel strut for all horizontal supports. • Install a new 200A, three phase, aluminum FPL approved lever bypass meter can on the far -right side of the rack. • Install (1) LED light on the far left 4" vertical support post. • The FPL meter will be shifting towards the east from its current location. The idea here is to gain length on the feeders, and reuse as much of the underground conduit that we are able to, along with the CU feeders. **No fees are currently included for replacement 200A Q feeders from FPL source. • Install (2) 8' CU ground rods, and CU ground wire at meter can. • Supply and install a new 200A, Non fuse style, stainless steel three phase ON/OFF disconnect. This will be placed on the rack; immediate left of FPL meter can. • Utilize the existing THOMSON 200A SE rated Automatic Transfer Switch (ATS). This will be removed from existing rack and reinstalled on the new rack when the time comes. • Mount ownersupplied Lift Station Control Cabinet on the new equipment rack. Control Cabinet will need to be delivered to the site by IRC Utilities. We will utilize boom truck to lift, and place control panel on the rack. Page 218 of 439 • Install underground conduits from the Generator, back to the new service rack, and terminate in the THOMSON ATS. The generator location is being moved north from its current location. Pull in new 200A rated feeders from Generator to ATS and make all terminations. **Replacement Generator is being quoted as a separate line item. • Mount owner supplied Stainless Steel pull box to the immediate left of the new Control Panel. Install (3) 2" horizontal Seal -Off fittings between C.P. and pull box. Install (3) 2" Vertical Seal -Off fittings from bottom of pull box, for the conduits that enter the pit. • Core drill (3) horizontal holes through concrete wall of the pit and stub each conduit inside the pit. **No fees are included for entering the pit, or for pulling motor leads, or float leads through these conduits. • Stub out a 1" conduit from Control Panel to the Telemetry tower location. • Utilize PVC conduits for all below grade work, and aluminum conduit for all above grade, exposed work. Utilize all aluminum fittings, and/or Stainless steel. All fasteners and hardware will be 316 grade stainless steel. • Coordinate a power outage with FPL so we can pull out the old feeders and then pull the 200A feeders back in when we are ready. No provisions are in place for rental, or portable power during this time. • Indian River County permit fees are included for "Service Change". This will be required in order for FPL to restore power to Lift Station. TOTAL QUOTE: $26,820.00 GENERAL NOTES: Only the items listed above are included in this quote. Trenching (if needed) will be completed in a neat and professional manner. Any pre-existing conduits or cables that have not been properly buried, may become damaged while our crew is trenching. If such a situation were to occur, it will be the sole responsibility of the Owners to have any necessary repairs made. Terms & Conditions: 1. If inspection is required you will need to be present to allow the inspector access. If you are not present the inspection will not pass, and there could be a re -inspection fee. If re -inspections fees are required due to non -access, customer agrees to pay. 2. This proposal is based upon the current costs of material and labor. Should the market price of materials increase by five (5) percent or more the customer agrees to pay the cost associated with such increase. 3. This Proposal is valid for thirty (30) days from the Proposal date. 4. If The AHJ Requires Additional Devices Or Items Not Indicated On The Plans, Or Not Included In The Specifications They Will Be Added At Additional Cost. 5. Quote Based On Working Hours, 7:00 AM - 3:30 PM. 6. Damage Resulting From the Installation Of Our Scope Of Work To Underground Items That Have Not Been Identified By Locates Will Not Be The Sole Responsibility Of The Electrical Contractor. 7. No Permit fees or FPL fees are included unless otherwise noted above. 8. All Work will be performed in accordance to the National Electric Code standards and current Florida Building Codes. Please contact us if we can provide you with any additional information. Page 219 of 439 9. If work does not commence within 30 days of the date of this proposal, or if work is delayed after the designated start date by customer, Complete Electric, Inc. reserves the right to increase the price to the current material cost at that time. Estimator: Mike Madeary Payment Schedule: 30% due at signing of quote, balance upon completion. 2.5% fee will be added to all Credit Card payments of $1000.00 or more. PAYMENT LIABILTY Customer signature signifies authorization of quoted work and acceptance of payment liability. Payment is due upon completion of work or satisfactory passing of any required inspection. If the invoice is not paid and the Contractor engages an attorney to enforce collection the customer agrees to pay all expenses including court costs and reasonable attorney fees to be fixed by any court in which said attorney is required to appear. The Customer further agrees that he or she may be sued in an Indian River County, Florida Court, the payment for material and labor provided under this contract shall be due and payable in full on the above date and shall be made at our office in Sebastian, Florida. Interest at the rate of 1.5% per month (18% annually) shall be charged for any amount not paid within the said 20 days. In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs, including appellate proceedings. If judicial proceedings are necessary to enforce the terms of this contract, venue shall be in a State of Florida court of competent jurisdiction in Indian River County, Florida. Customer Signature Date F: SERVICE QUOTES 2026: Page 220 of 439 File ID: 2026-582 Indian River County, Florida Memorandum Type: Consent Agenda Indian River County Administration Complex 180127th Street Vero Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 Hi To: Board of County Commissioners Through: John Tidamich Jr., County Administrator From: Kylie Yanchula, Natural Resources Director Date: 04/06/2026 Subject: Pump Out Vessel Program Donations from the Indian River Land Trust and the Clean Water Coalition Background: On September 23, 2023, the Indian River County Board of County Commissioners (Board) adopted the County's Indian River Lagoon Management Plan. This plan established a framework for Indian River County to support the recovery of the Indian River Lagoon (IRL). The plan noted that marine vessel septage pump out capacity for vessels within the County's portion of the IRL is limited and that an increase in the number and. distribution of septage pump out locations is needed. Staff considered several options to address this specific item as vessel sewage is typically highly concentrated with up to 40 times the concentration of nutrients (nitrogen and phosphorus) as raw municipal sewage. Staff determined that the best way to address both the number and distribution of available marine septage pump out stations would be to offer such services through an on -water mobile septage pump out vessel. This solution addresses both distribution and capacity needs with little infrastructure investment. This mobile septage pump out solution has been successfully implemented in neighboring counties with grant funding opportunities available to limit County costs. a, On June 3, 2025, the Board approved staff to apply for the Federal U.S. Fish and Wildlife administered Clean Vessel Act (CVA) Grant througk the. Florida Department of Environmental Protection to assist the County in funding the purchase of a pump out vessel. On January 7, 2026, CVA Grant CV003 was awarded to the County in the amount of $87,187.50 which provides a reimbursement to the County for up to 75% of the pump out vessel cost. As part of their on-going commitment to support the IRL,, and as an essential element to the County's CVA Grant application, the Indian River Land Trust and the Clean Water Coalition of Indian River County, Inc., (Clean Water Coalition) provided letters of financial: support for the County's mobile marine pump out vessel program. The Indian River Land Trust has offered to reimburse the County for the portion of the mobile marine pump out cost not covered by the CVA Grant (25% of the purchase price). Additionally, the: Clean Water Coalition has committed. Page 221 of 439 to supporting operations of the County's marine septage pump out program through a donation of $10,000. Conditions of CV003 grant include acknowledging project partners which staff intends to do through educational signage as well as on the vessel itself. On April 7, 2026, the Board approved an agreement with the City of Vero Beach for storage of the pump out vessel at the City's marina as well as use of the marina's septage receiving line while the County pursues a more permanent solution on County land. The Natural Resources Department is in the process of recruiting a captain and intends to launch the marine vessel septage pump out program when staffed and upon execution of the marina agreement by both parties. Analysis: Indian River County's Indian River Lagoon Management Plan (LMP) identified the need to encourage the increase in the number and distribution of marine septage pump out facilities within our -section of the lagoon as one of bur short term actions to improve water quality, reduce the potential for harmful algal blooms, and minimize the environmental impacts of boats and marinas. The Lagoon Division's marine vessel septage pump out program is a way to address this action item as part of the implementation of the LMP without relying upon the installation of significant infrastructure. Long term this is one of the first steps in working towards the northern aquatic preserve becoming a no discharge zone. Budgetary Impact: Funds for the vessel were provided in the account General Fund/Lagoon/Other Machinery & Equipment, account number 00128337-066490-26045. The final cost of the equipment, including the vessel, trailer, and delivery is $116,250. The County will be reimbursed for 75% of the costs per the Clean Vessel Act Grant Agreement (CV003) in the amount of $87,187.50. The donation from the Indian River Land Trust will be used to fund the 25% match requirement in the amount of $29,062.50. The donation from the Clean Water Coalition will be used to fund portions of the operations of the program in the amount of $10,000. The revenue accounts for the grant and donations are: Account Description Revenue Account Number Amount CVA Grant Revenue 001033-331300-26045 $87,187.50 CVA Contributions Revenue 001038-366090-26045 $39,062.50 The expenditure accounts for the grant and donations are planned as: Account Description Expenditure Account Amount Number Lagoon Division — Other 00128337-033490-26045 $4,128.00 Contractual Services Page 222 of 439 Lagoon Division — Other 00128337-035290-26045 $5,872.00 Operating Supplies Lagoon Division — Other 00128337-066490-26045 $1161250.00 Machinery & Equipment Previous Board Actions: April 7, 2026- Item 9.0. June 3.2025- Item 9.N. September 26; 2923- Item 12.G.1. Potential Future Board Actions: Clean Vessel Act Grant Approvals for Operating Funds Strategic Plan Alignment: Environment Other Plan Alignment: Indian River County Indian River Lagoon Management Plan Staff Recommendation: Staff recommends that the Board accept donations from the Indian River Land Trust in the amount of $29,062.50 and from the Clean Water Coalition in the amount of $10,000 and approve of acknowledging these entities on the vessel hull as well as future planned program signage. Attachments: 1. Clean Vessel Act Grant Agreement 2. Letter of Financial Commitment- Indian River Land Trust 3. Letter of Financial Commitment Clean Water Coalition Page 223 of 439 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 Board of County Commissioners Vessel. Purchase CV003 2. Parties State of Florida Department of Environmental Protection, 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 (Department) Grantee Name: Indian River County Board of County Commissioners Entity Type: Local Government Grantee Address: FEID: 59-6000674 1801 27th St., Building A, Vero Beach, FL 32960 (Grantee) 3. Agreement Begin Date: Date of Expiration: Upon Execution 113//2027 4. Project Number: Project Location(s): 1801 27th St, Building A Vero Beach FL 32960 (If differentfrom Agreement Number) Project Description: For the equipment purchase of one pumpout vessel to service transient boaters anchored in Indian River County. Required CVA signage will be posted on the vessel. 5. Total Amount of Funding: Funding Source? Award #s or Line -Item Appropriations: Amount per Source(s): $87,187.50 Total Amount of Funding + Grantee Match, if any: $ 116,250.00 6. Department's Grant Manager Grantee's Grant Manager Name: Marylyn Carey Name: Melissa McIntyre-Meisenburg or successor or successor Address: 2600 Blair Stone Rd, MS235 Address: 1801 27th St., Building A Tallahassee, Florida, 32399 Vero Beach, FL 32960 Phone: 850-245-7665 Phone: .772-226-1651 Email: marylynn.carey@floridadep.gov Email: mmeisenbursEAindianriver.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits : which are hereby incoroorated by reference: Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements B Attachment 2: Special Terms and Conditions B Attachment 3: Grant Work Plan B Attachment 4: Public Records Requirements B Attachment 5: Special Audit Requirements B Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at hftt s.1 ficts.fldfs.com. in accordance with section 215.9851:E& B Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): B Exhibit A: Progress Report Form Exhibit B: Property Reporting Form B Exhibit C: Payment Request Summary Form ❑ Exhibit: D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo iff Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 (State) DEP Agreement No. CV003 PaWOV P49 ❑ State BFederal CVC23: $87,187.50 ❑ State ❑ Federal $ ❑ State ❑ Federal $ B Grantee Match ._ $ 29,062.50 Total Amount of Funding + Grantee Match, if any: $ 116,250.00 6. Department's Grant Manager Grantee's Grant Manager Name: Marylyn Carey Name: Melissa McIntyre-Meisenburg or successor or successor Address: 2600 Blair Stone Rd, MS235 Address: 1801 27th St., Building A Tallahassee, Florida, 32399 Vero Beach, FL 32960 Phone: 850-245-7665 Phone: .772-226-1651 Email: marylynn.carey@floridadep.gov Email: mmeisenbursEAindianriver.gov 7. The Parties agree to comply with the terms and conditions of the following attachments and exhibits : which are hereby incoroorated by reference: Attachment 1: Standard Terms and Conditions Applicable to All Grants Agreements B Attachment 2: Special Terms and Conditions B Attachment 3: Grant Work Plan B Attachment 4: Public Records Requirements B Attachment 5: Special Audit Requirements B Attachment 6: Program -Specific Requirements ❑ Attachment 7: Grant Award Terms (Federal) *Copy available at hftt s.1 ficts.fldfs.com. in accordance with section 215.9851:E& B Attachment 8: Federal Regulations and Terms (Federal) ❑ Additional Attachments (if necessary): B Exhibit A: Progress Report Form Exhibit B: Property Reporting Form B Exhibit C: Payment Request Summary Form ❑ Exhibit: D: Quality Assurance Requirements ❑ Exhibit E: Advance Payment Terms and Interest Earned Memo iff Exhibit F: Common Carrier or Contracted Carrier Attestation Form PUR1808 (State) DEP Agreement No. CV003 PaWOV P49 ❑ Exhibit H: Non -Profit Organization Compensation Form (State) ❑ Exhibit I: Forced Labor Attestation Form ❑ Additional Exhibits (if necessary): 8. 1 The following information applies to Federal Grants only and is identified in accordance with 2 CFR 200.331 a (1): Federal Award Identification Numbers (FAIN): F24AP00148 Unique Entity Identifier EI : FB3SLJJZ38K9 Federal Award Date to Department: 10/01/2023 Federal Award Project Description: To reduce sewage discharge from recreational vessels by providing pumpout facilities and outreach activities to inform the public of the benefits of the CVA Program and locations of pumpout facilities, and grant program administration. Total Federal Funds Obligated by this Agreement: 87,187.50 Federal Awarding Agency: US Fish & Wildlife Service Award R&D? ❑ Yes BN/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 Board of County Commissioner; GRANTEE Grantee Name G��� $y /2/Z4;1..4 Date Signed John A.Titkanich, Jr., County Administrator Print Name and Title of Person Signing State of Florida Department of Environmental Protection DEPARTMENT Jennifer Har per Digitally signed by Jennifer Harper 1/07/2026 $y Date: 2026.01.07 09:08:33 -05'00' Secretary or Designee Date Signed Jennifer Harper; Deputy Director ORCP, Florida DEP Print Name and Title of Person Signing FlAdditional signatures attached on separate page. APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY J JNIFER . SHULER OUNTY 'TTORNEY DEP Agreement No. CV003 Rev. 9/18/2025 Page 225 of 439 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 allprior 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; (4) changes to the cumulative amount of fimding 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; and/or (5) any changes to the terms and conditions of the Agreement other than the specific instances enumerated below when a change order may be used. 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 tern 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.tenms 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 Attachment 1 1 of 14 Rev. 7/2/2025 Page 226 of 439 execution of this Agreement may be reimbursable or used for match purposes if permitted by the Special Terms and Conditions. 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 subrecipients shall comply with any security and safety requirements and processes, if provided by Department, for work done at the Project Location(s). The Department reserves the right to investigate or inspect at any time to determine whether the services or qualifications offered by Grantee meet the Agreement requirements. Notwithstanding any provisions herein to the contrary, written acceptance of a particular deliverable does not foreclose Department's remedies in the event deficiencies in the deliverable cannot be readily measured at the time of delivery. 6. Acceptance of Deliverables. a. Acceptance Process. All deliverables must be received and accepted in writing by Department's Grant Manager before payment. The Grantee shall work diligently to correct all deficiencies in the deliverable that remain outstanding, within a reasonable time at Grantee's expense. If Department's Grant Manager does not accept the deliverables within 30 days of receipt, they .will be deemed rejected b. Reiection of Deliverables. The Department reserves the right to reject deliverables, as outlined in the Grant Work Plan, as incomplete, inadequate, or unacceptable due, in whole or in part, to Grantee's lack of satisfactory performance under the terms of this Agreement. The Grantee's efforts to correct the rejected deliverables will be at Grantee's sole expense. Failure to fulfill the applicable technical requirements or complete all tasks or activities in accordance with the Grant Work Plan will result in rejection of the deliverable and the associated invoice. Payment for the rejected deliverable will not be issued unless the rejected deliverable is made acceptable to Department in accordance with the Agreement requirements. The Department, at its option, may allow additional time within which Grantee may remedy the objections noted by Department. The Grantee's failure to make adequate or acceptable deliverables after a reasonable opportunity to do so shall constitute an event of default. 7. Financial Consequences for Nonperformance. a. Withholding Pa ment. 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 Pian (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. Attachment 1 2of14 Rev. 7/2/2025 Page 227 of 439 8. a. b. C. d. e. ii. Upon Department's notice of acceptance of a proposed CAP, Grantee shall have ten. (10) days to commence implementation of the accepted plan. Acceptance of the proposed CAP by Department does not relieve Grantee of any of its obligations under the Agreement. In the event the CAP fails to correct or eliminate performance. deficiencies by Grantee, Department shall retain the right to 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. Payment. 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.). 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. 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. 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: haps://www.myfloridacfo.com/docs-sf/accounting-and-auditing-libraries/state- agencies/reference-guide-for-state-exnenditures.pdf Rural Communities and Rural Areas of Opportunit. If Grantee is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" (RAO) as defined in subsection 288.0656(2), F.S., such Grantee may request from the Department that all invoice payments under this Agreement be directed to the relevant county or municipality or to the RAO itself. The Department will agree to Grantee's request if. i. Grantee demonstrates that it is a county or municipality that qualifies as a "rural community" or "rural area of opportunity" under subsection 288.0656(2), F.S.; ii. Grantee demonstrates current financial. hardship using one (1). or more of the "economic distress" factors defined in subsection 288.0656(2)(c), F.S:; iii. Grantee's performance has been verified by the Department, which has determined that Grantee is eligible for invoice payments and that Grantee's performance has been completed in accordance with this Agreement's terms and conditions; and iv. Applicable federal and state law(s), rule(s) and regulation(s) allow for such payments. This subsection may not be construed to alter or limit any other applicable provisions of federal or state law, rule, or regulation. A current list of Florida's designated RAOs can be accessed at the following web address: https:Hfloridaiobs.org/communiiy-plu=g-and-development/nual-communit tprograms/rural-areas-of- 2Roortunity. 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 State Funds Documentation. Pursuant to section 216.1366, F.S., if Grantee meets the definition of a non-profit organization under section 215.97(2)(m), F.S., Grantee must provide .the Department with documentation that indicates the amount of state funds: Attachment) 3of14 Rev. 7/2/2025 Page 228 of 439 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 anofficer. . . 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. 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 215.9.85; F.S., and must be posted on the Grantee's website, if Grantee 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 DepartmenVs "Grant Manager. i. Final Payment Request: A final payment request should be submitted to Department no later than sixty" (60) days following the expiration date of the Agreement to ensure the availability of funds for payment. However, all work performed pursuant to the Grant Work Plan must be performed on or before the expiration date of the Agreement. j. Annual Appropriation Contingency. The State's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. This: Agreement is not a commitment of future appropriations. Authorization for continuation and completion of work and any associated payments may be rescinded, with proper notice, at the discretion of Department if the Legislature reduces or eliminates appropriations. k. Interest Rates. All interest rates charged. under the Agreement shall be calculated on the prevailing rate used by the State Board of Administration. To obtain the applicable interest rate, please refer to: https://www.myfloridacfo:com/division/mAocal-govemments/iud eg ment_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. Salmy/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/Subaward Costs (Subcontractors/Subre4ients). Match or reimbursement requests for payments to subcontractors/subrecipients must be substantiated by copies of invoices with backup documentation identical to that required from Grantee. Subcontracts/subawards 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/subrecipient 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/subaward is subject to the requirements set forth in chapters 273 and/or 274, F.S.,: and Chapter 69I-72, Florida Administrative Code (F.A.C.) and/or Chapter 69I-73, F.A.C., as applicable. For grants: funded with federal funds, nonconsumable and/or nonexpendable personal property or equipment costing $10,000 or more purchased for the Project.under, a subcontract/subaward is subject to the requirements set forth in 2 CFR 200. The Grantee shall be responsible for maintaining appropriate property records- for any subcontracts/subawards that include the purchase of equipment . as part of the delivery of services. The Grantee shall comply with this requirement and ensure its subcontracts/subaward issued under this Agreement, if any; impose .this requirement, in writing, on its subcontractors/subrecipients. Attachment 1 4of14 Rev. 7/2/2025 Page 229 of 439 i. For fixed-price (vendor) subcontracts/subawards, the following provisions shall apply: The Grantee may award, on a competitive basis, fixed-price subcontracts/subawards to consultants/contractors in performing the work described in Attachment 3, Grant Work Plan. Invoices submitted to Department for fixed-price subcontracted/subawarded activities shall be supported with a copy of the subcontractor/subrecipient's invoice and a copy of the tabulation form for the competitive procurement process (e.g., Invitation to Bid, Request for Proposals, or other similar competitive procurement document) resulting in the fixed-price subcontract/subaward. The Grantee may request approval from Department to award a fixed-price subcontract/subaward 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/subrecipient. Upon receipt of Department Grant Manager's approval of the. fixed- price amount, Grantee may proceed in finalizing the fixed-price subcontract/subaward. ii. If the procurement is subject to the Consultant's Competitive Negotiation Act under section 287.055, F.S., or the Brooks Act, Grantee must provide documentation clearly evidencing it has complied with the statutory or federal requirements. d. Travel. All requests for match or reimbursement. of travel expenses shall be in accordance with section 112.061, F.S. e. Direct Purchase Equipment. For grants funded fully or in part with state funds, equipment is defined as capital outlay costing $5,000 or more. For grants funded fully with federal funds, equipment is defined as capital outlay costing $10,000 or more. Match or reimbursement for Grantee's direct purchase of equipment is subject to specific approval of Department and does not include any equipment purchased under the delivery of services to be completed by a subcontractor/subrecipient. Include copies of invoices or receipts to document purchases, and a properly completed Exhibit B, Property Reporting Form. f. Rental/Lease of Eauinment. 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/subrecipient, 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. Attachment 1 5of14 Rev. 7/2/2025 Page 230 of 439 b. If Grantee fails to perform the requested work or fails to perform the work in a satisfactory manner, Grantee shall forfeit its right to payment of the retainage associated with the work. Failure to perform includes, but is not limited to, failure to submit the required deliverables or failure to provide adequate documentation that the work was actually performed The Department shall provide written notification to Grantee of the failure to perform that shall result in retainage forfeiture. If the Grantee does not correct the failure to perform within the timeframe stated in Department's notice, the retainage will be forfeited to Department. c. No retainage shall be released or paid for incomplete work while this Agreement is suspended: d. Except as otherwise provided above, Grantee shall be paid the retainage associated with the work, provided Grantee has completed the work and submits an invoice for retainage held in accordance with the invoicing procedures under this Agreement. 12. Insurance. a. Insurance Requirements for SubreciWents and/or Subcontractors. The Grantee shall require its subrecipients 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 subrecipients 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. Subrecipients 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. Ifs 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 fiunish 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 Post 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. Attachment 1 6of14 Rev. 7/2/2025 Page 231 of 439 e. Transition of Services Upon Termination, Expiration, or Cancellation of the Agreement. If services provided under the Agreement are being transitioned to another provider(s), Grantee shall assist in the smooth transition of Agreement services to the subsequent provider(s). This requirement is at a minimum an affirmative obligation to cooperate with the new provider(s), however additional requirements may be outlined in the Grant Work Plan. The Grantee shall not perform any services after Agreement expiration or termination, except as necessary to complete the transition or continued portion of the Agreement, if any. 14. Notice of Default. If Grantee defaults in the performance of any covenant or obligation contained in the Agreement, including, any of the events of default, Department shall provide notice to Grantee and an opportunity to cure that is reasonable under the circumstances. This notice shall state the nature of the failure to perform and provide a time certain for correcting the failure. The notice will also provide that, should the Grantee fail to perform within the time provided, Grantee will be found in default, and Department may terminate the Agreement effective as of the date of receipt of the default notice. 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 Attachment 1 7of14 Rev. 7/2/2025 Page 232 of 439 of public enemies, strikes, fires, floods, or other similar cause wholly beyond Grantee's control, or for any of the foregoing that affect subcontractors/subrecipients or suppliers if no alternate source of supply is available to Grantee. In case of any delay Grantee believes is excusable, Grantee shall notify Department in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Grantee could reasonably foresee that a delay could occur as a result; or (2) if delay is not reasonably foreseeable, within five days after the date Grantee first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE GRANTEE'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against Department. The Grantee shall not be entitled to an increase in the Agreement price or payment of any kind from Department for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Grantee shall perform at no increased cost, unless Department determines, in its sole discretion, that the delay will significantly impair the value ofthe 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 purchase 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, and subcontractors/subrecipients 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, and subcontractors/subrecipients; 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 firm 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 Attachment 1 8of14 Rev. 7/2/2025 Page 233 of 439 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/Subawards. 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/subrecipient knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts/subawards with private organizations issued as a result of this Agreement. b. Pursuant to sections 287.133, 287.134, and 287.137 F.S., the following restrictions apply to persons placed on the convicted vendor list, discriminatory vendor list, or the antitrust violator vendor list: i. Public Entity Crime. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in section 287.017, F.S., for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. ii. Discriminatory Vendors. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. iii. Antitrust Violator Vendors. A person or an affiliate who has been placed on the antitrust violator vendor list following a conviction or being held civilly liable for an antitrust violation may not submit a bid, proposal, or reply on any contract to provide any good or services to a public entity; may not submit a bid, proposal, or reply on any contract with a public entity for the construction or repair of a public building or public work; may not submit a bid, proposal, or reply on leases of real property to a public entity; may not be awarded or perform work as a Grantee, supplier, subcontractor, or consultant under a contract with a public entity; and may not transact new business with a public entity. iv. Notification. The Grantee shall notify Department if it or any of its suppliers, subcontractors; or consultants have been placed on the convicted vendor list, the discriminatory vendor list, or antitrust violator vendor list during the life of the Agreement. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and the antitrust violator vendor list and posts the list on its website. Questions regarding the discriminatory vendor list or antitrust violator vendor list may be directed to the Florida Department of Management Services, Office of Supplier Development, at (850) 487-0915. 23. Compliance with Federal, State and Local Laws. a. The Grantee and all its agents shall comply with all federal, state and local regulations, including, but not limited to, nondiscrimination, wages, social security, workers' compensation, licenses, and registration requirements. The Grantee shall include this provision in all subcontracts/subawards issued as a result of this Agreement. b. The Grantee, its subrecipients, subcontractors and agents must also comply with the following civil rights laws and regulations: i. Title VI of the Civil Rights, Act of 1964 as amended (prohibiting discrimination in federally assisted programs on the basis of race, color, or national origin in the delivery of services or benefits); Attachment 1 9of14 Rev. 7/2/2025 Page 234 of 439 ii. Section 13 of the 1972 Amendment to the Federal Water Pollution Control Act (prohibiting discrimination on the basis of sex in the delivery of services or benefits under the Federal Water Pollution Control Act as amended); iii. Section 504 of the Rehabilitation Act of 1973 (prohibiting discrimination in federally assisted programs on the basis of disability, both in employment and in the delivery of services and benefits); iv. Age Discrimination Act of 1975 (prohibiting discrimination in federally assisted programs on the basis of age in the delivery of services or benefits); V. 40 C.F.R. Part 7, (implementing Title VI of the Civil Rights Act of 1964, Section 13 of the 1972 Amendments to the Federal Water Pollution Control Act, and Section 504 of the Rehabilitation Act of 1973); vi. Florida Civil Rights Act of 1992 (Title XLIV Chapter 760, Sections 760.01, 760.11 and 509.092, F.S.), including Part I, chapter 760, F.S. (prohibiting discrimination on the basis of race, color, religion, sex, pregnancy, national origin, age, handicap, or marital status). c. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. d. Any dispute concerning performance of the Agreement shall be processed as described herein. Jurisdiction for any damages arising under the terms of the Agreement will be in the courts of the State, and venue will be in the Second Judicial Circuit, in and for Leon County. Except as otherwise provided by law, the parries agree to be responsible for their own attorney fees incurred in connection with disputes arising under the terms of this Agreement. 24. Build America, Buy America Act (BABA) - Infrastructure Projects with Federal Funding. This provision does not apply to Agreements that are wholly funded by Coronavirus State and Local Fiscal Recovery Funds under the American Rescue Plan Act. Also, this provision does not apply where there is a valid waiver in place. However, the provision may apply to funds expended before the waiver or after expiration of the waiver. If applicable, Recipients or Subrecipients of an award of Federal financial assistance from a program for infrastructure are required to comply with the Build America, Buy America Act (BABA), including the following provisions: a. All iron and steel used in the project are produced in the United States --this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; b. All manufactured products used in the project are produced in the United States -this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and 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 fumishings, 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. Rev. 7/2/2025 Attachment 1 10 of 14 Page 235 of 439 The recipient will ensure compliance with the guidelines and design specifications provided by EPA for using the official Investing in America emblem available at: hiiRs,//www.2Ra.goy/invest/invesfmg-america-signage- b.. Procuring Signs: Consistent with section 6002 of RCRA, 42 U.S.C. 6962, and 2 CFR 200.323, recipients are encouraged to use recycled or recovered materials when procuring signs. Signage costs are considered an allowable cost under this assistance agreement provided that the costs. associated with signage are reasonable. Additionally, to increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to translate the language on signs (excluding the official Investing in America emblem or EPA logo or seal) into the appropriate non-English language(s). The costs of such translation are allowable, provided the costs are reasonable. 26. Scrutinized Companies. a. Grantee certifies that it is not on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies that Boycott Israel List or is engaged in the boycott of Israel during the term of the Agreement. b. If this Agreement is for more than one million,dollars, the Grantee certifies that it is also not on the Scrutinized Companies with Activities in Sudan, Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, :or engaged with business operations in Cuba or Syria as identified in section 287.135, F.S. Pursuant to section 287.135, F.S., the Department may immediately terminate this Agreement at its sole option if the Grantee is found to have submitted a false certification; or if the Grantee is placed on the Scrutinized Companies with Activities in Sudan List, or Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged with business operations in Cuba or Syria during the term of the Agreement. C. As provided in subsection 287.135(8), F.S., if federal law ceases to authorize these contracting prohibitions, then they shall become inoperative. 27. Lobbying and Integrity. The Grantee agrees that no funds received by it under this Agreement will be expended for the purpose of lobbying the Legislature or a State agency pursuant to section 216.347, F.S., except that pursuant to the requirements of section 287.058(6), F.S., during the term of any executed agreement between Grantee and the State, Grantee may lobby the executive or legislative branch concerning the scope of services, performance, term, or compensation regarding that agreement. The Grantee shall comply with sections 11.062 and 216.347, F.S. 28. Record Keeping. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with United States generally accepted accounting principles (US GAAP) consistently applied. The Department, the State, or their authorized'representatives shall have access to such records for audit purposes during 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 or subawarded, Grantee shall similarly require each subcontractor/subrecipient 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 Jonger of: (1) three years after the expiration of the Agreement; or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.mvflorida.com/library-archives/records-mana eg mentlgeneral-records-scheduled). 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. subrecipients and/or subcontractors issued under this. Agreement, if any, impose this requirement, in writing, on its subrecipients 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: Attachment l 11 of 14 Rev. 7/2/2025 Page 236 of 439 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 S. 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 fiuther 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: httos:\banns: ldfs.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 programa : can be found under 2 CFR 200. The Department may also request a cost allocation plan .in support of its multipliers (overhead, indirect, general administrative "costs, and fringe benefits),: The; Grantee must provide the additional proof within thirty (30) days of such request. e. No Commingling of Funds: The accounting systems for. all. Grantees must ensure that these funds are not commingled with funds from other agencies. Funds from each agency must he accounted for separately. Grantees are prohibited from commingling funds on eithera. program -by -program or a project -by -project l 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 StateBoard 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/Subawards. a. Unless otherwise specified in the Special Terms and Conditions, all services. contracted for are to i.be performed solely by Grantee. Attacliment l 12 of 14. Rev. 7/2/2023 Page 237 of 439 b. The Department may, for cause, require the replacement of any Grantee employee, subcontractor/subrecipient, 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/subrecipient, 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/subaward. The Department shall not be liable to any subcontractor/subrecipient for any expenses or liabilities incurred under any subcontract/subaward, and Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under any subcontract/subaward. e. The Department will not deny Grantee's employees, subcontractors/subrecipients, or agents access to meetings within the Department's facilities, unless the basis of Department's denial is safety or security considerations. f. 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/subrecipient at any tier, and if the cause of the default is completely beyond the control of both Grantee and the subcontractor(s)/subrecipient(s), and without the fault or negligence of either, unless the subcontracted/subawarded products or services were obtainable from other sources in sufficient time for Grantee to meet the required delivery schedule. 33. Guarantee of Parent Company. If Grantee is a subsidiary of another corporation or other business entity, Grantee asserts that its parent company will guarantee all of the obligations of Grantee for purposes of fulfilling the obligations of Agreement. In the event Grantee is sold during the period the Agreement is in effect, Grantee agrees that it will be a requirement of sale that the new parent company guarantee all of the obligations of Grantee. 34. Survival. The respective obligations of the parties, which by their nature would continue beyond the termination or expiration of this Agreement, including without limitation, the obligations regarding confidentiality, proprietary interests, and public records, shall survive termination, cancellation, or expiration of this Agreement. 35. Third Parties. The Department shall not be deemed to assume any liability for the acts, failures to act or negligence of Grantee, its agents, servants, and employees, nor shall Grantee disclaim its own negligence to Department or any third party. This Agreement does not and is not intended to confer any rights or remedies upon any person other than the parties. If Department consents to a subcontract/subaward, 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/Subrecipients and Agents.. All Grantee employees, subcontractors/subrecipients, 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/subrecipients, 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 Attachment 1 13 of 14 Rev. 7/2/2025 Page 238 of 439 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 extent authorized by federal law, the Department, its grantees, contractors and subcontractors/subrecipients 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. 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 (k %) 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. 7/2/2025 Page 239 of 439 STATE OF FLORIDA . DEPARTMENT OF ENVIRONMENTAL PROTECTION Special Terms and Conditions AGREEMENT NO. CV003 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 for the purchase of one pumpout vessel and required signage for the vessel. 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. ❑ ❑ Contractual/Subaward (Subcontractors/Subrecipients) ❑ ❑ Travel, in accordance with Section 112, F.S. ® N Equipment ❑ ❑ Rental/Lease of Equipment ® ® Miscellaneous/Other Expenses/Supplies ❑ ❑ Land Acquisition 5. Equipment Purchase. The purchase of non -expendable personal property or equipment costing $10,000 or more purchased for purposes of this Agreement remains the property of the Grantee. Upon satisfactory completion of this Agreement, the Grantee may retain ownership or determine the disposition of the non -expendable personal property or equipment purchased under this Agreement. However, the Grantee is required to account for and report on all nonexpendable and/or nonconsumable personal property or equipment purchased under this Agreement in accordance with the Grantee's financial reporting and inventory control requirements. Based on the report, the Grantee will submit Exhibit B, Property Reporting Form, along with the appropriate invoice(s) to the Department's Grant Manager with any applicable requests for reimbursement. The following terms shall apply: a. The Grantee shall have use of the non -expendable personal property or equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. Attachment 2 1 of 3 Rev. 9/15/25 Page 240 of 439 b. The Grantee is responsible for the implementation of adequate maintenance procedures to keep thenon- expendable personal property or equipment in good operating condition. c. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non -expendable personal property or equipment purchased with state funds and held in Grantee's possession for use in a contractual arrangement with the Department. d. The Grantee is responsible for keeping a current and accurate inventory of any nonexpendable and/or nonconsumable personal property or equipment in accordance with its financial reporting and inventory control requirements. The Department may request an annual copy of these inventory records for the life of the Agreement. 6. Land Acquisition. There will be no Land Acquisitions funded under this Agreement. 7. Match Requirements The Agreement requires at least a 25% match on the part of the Grantee. Therefore, the Grantee is responsible for providing $29,062.50 through cash or third party in-kind towards the project funded under this Agreement. The Grantee may claim allowable project expenditures made upon execution or after for purposes of meeting its match requirement as identified above. Each payment request submitted shall document all matching funds and/or match efforts (i.e., in-kind services) provided during the period covered by each request. The final payment will not be processed until the match requirement has been met. 8. Insurance Requirements Required Coverage. At all times during the Agreement the Grantee, at its sole expense, shall maintain insurance coverage of such types and with such terms and limits described below. The limits of coverage under each policy maintained by the Grantee shall not be interpreted as limiting the Grantee's liability and obligations under the Agreement. All insurance policies shall be through insurers licensed and authorized to issue policies in Florida, or alternatively, Grantee may provide coverage through a self-insurance program established and operating under the laws of Florida. Additional insurance requirements for this Agreement may be required elsewhere in this Agreement, however the minimum insurance requirements applicable to this Agreement are: a. Commercial General Liability Insurance. The Grantee shall provide adequate commercial general liability insurance coverage and hold such liability insurance at all times during the Agreement. The Department, its employees, and officers shall be named as an additional insured on any general liability policies. The minimum limits shall be $250,000 for each occurrence and $500,000 policy aggregate. b. Commercial Automobile Insurance. If the Grantee's duties include the use of a commercial vehicle, the Grantee shall maintain automobile liability, bodily injury, and property damage coverage. Insuring clauses for both bodily injury and property damage shall provide coverage on an occurrence basis. The Department, its employees, and officers shall be named as an additional insured on any automobile insurance policy. The minimum limits shall be as follows: $200,000/300,000 Automobile Liability for Company-owned Vehicles, if applicable $200,000/300,000 Hired and Non -owned Automobile Liability Coverage c. Workers' Compensation and Employer's Liability Coverage. The Grantee shall provide workers' compensation, in accordance with Chapter 440, F.S. and employer liability coverage with minimum limits of $100,000 per accident, $100,000 per person, and $500,000 policy aggregate. Such policies shall cover all employees engaged in any work under the Grant. d. Other Insurance. None. 9. Quality Assurance Requirements. There are no special Quality Assurance requirements under this Agreement. Attachment 2 2 of 3 Rev. 9/15/25 Page 241 of 439 10. Retainage. No retainage is required under this Agreement. 11. Subcontracting/Subawards. Subcontracting is not permitted under this Agreement. 12. State-owned Land. The work will not be performed on State-owned land. 13. Office of Policy and Budget Reporting. There are no special Office of Policy and Budget reporting requirements for this Agreement. 14. Common Carrier. a. Applicable to contracts/subawards with a common carrier — firm/person/corporation that as a regular business transports people or commodities from place to place. If applicable, Contractor/Subrecipient must also fill out and return PUR 1808 before contract/subaward execution. If Contractor/Subrecipient is a common carrier pursuant to section 908.111(1)(a), Florida Statutes, the Department will terminate this Agreement immediately if Contractor/Subrecipient 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 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. Am• terms added here must be approved by, the Office of General Counsel. Attachment 2 3 of 3 Rev. 9/15/25 Page 242 of 439 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT WORK PLAN AGREEMENT NO. CV003 ATTACHMENT 3 Project Title: Indian River BOCC Vessel Purchase Project Location: Indian River, within Indian River County. Project Description: Purchase of a pumpout vessel and required signage by Indian; River County Board of County Commissioners to service transient boaters and boats anchored outside of: marinas in the county. Permits: The Grantee is responsible for obtaining all state and local permits and approvals required for installation and operation of pumpout equipment prior to commencement of this Project. TASKS AND DELIVERABLES Task 1: Equipment Purchase (Equipment) Description: The Grantee will purchase equipment authorized in the approved application, budget, and design documents, and approved by the Department's Grant Manager. Authorized equipment includes: • Pumpout vessel All nonexpendable and/or nonconsumable equipment purchased under this Agreement is subject to the Quarterly Pumpout Log requirements set forth under Attachment 6, Program -Specific Requirements, paragraph 7, Project Required Submittals and Requirements. The Grantee must submit the Quarterly Pumpout Log for a period of five (5) years following the end date of the Agreement. Deliverables: The Grantee will provide the following: • 1.1: Copy of paid invoices, and delivery receipts. • 1.2: Completed Property Reporting Form (Exhibit B). • 1.3: Final inventory report due at the end of the Agreement. Task 2: Pumpout Sienaae (Miscellaneous Expenses) Description: In accordance with 50 CFR §85.43 and 50 CFR §85.47, the Grantee will install the required signage: One three-foot (3') by four -foot (4') sign displaying the International Pumpout Symbol, in a location(s)visible to boaters. Example: side of hull both port and starboard. One informational sign, posted in a clearly visible location adjacent to the pumpout equipment, stating pumpout fees, hours of operation, operator name and phone. number, and the required accrediting language [Funded in part by the U.S. Fish and Wildlife Service Clean Vessel Act through the Florida Department of Environmental Protection]. For vessel signage place the accrediting signage listed above on the console and the International Pumpout Symbol, Florida Department of Environmental Logo, Sport Fish Restoration Logo on Rev. 10/30/2025 DEP Agreement No.: CV003 Page 1 of 2 Page 243 of 439 the hull area of the vessel large enough to be seen by boaters and in accordance with any state and federal regulations. Sign specifications are available at: https://floridadep. gy ro/cya/contel t/pumpout-signage-requirements. Deliverables: The Grantee will provide the following; • 2.1: Clear Photographs of the required vessel. signage showing both the pumpout logo and the informational signage with accrediting information. • 2.2: Certification from the Grantee's Project Manager confirming that the signage has been installed in accordance with requirements set forth in Attachment 6, Program -Specific Requirements, paragraph 6, Program Crediting and Signage. REPORTING REQUIREMENTS: The Grantee's Grant Manager is required to submit the Quarterly Progress Report Form, Exhibit A, for the life of the Agreement, as stated in Attachment 1, Standard Terms and Conditions, paragraph 10, Status Reports. A copy of Exhibit A can be downloaded at: Exhibit A - h=s://flori daft. gov/rcp/cva/form s/quarterly proegr ss=report- form -exhibit. As applicable, the Grantee's Grant Manager is required to submit the Quarterly Pumpout Log, as stated in Attachment 6, Program -Specific. Re gr p equired Requirements, paragraph. h 7, Project R Submittals and Requirements. A copy of the Pumpout Log excel sheet can be downloaded at: Quarterly Pumpout Log - httns://flondad/ro/cva/doc=gnts/MUMWILt-lop--sheet-ompl—e PERFORMANCE STANDARD: The Department's Crant:Manager will review the deliverables to verify that they meet the specifications in the Grant Work Plan and this task description. Upon review and acceptance by the Department's Grant Manager of all deliverables .under each task, the Grantee may proceed with payment request submittal. PAYMENT REQUEST: The Grantee's Grant Manager may submit a partial or final reimbursement request upon Department approval of associated task deliverables. The reimbursement packages are to reflect the project deliverables, as stated in Attachment 6, Program -Specific Requirements, paragraph 9, Reimbursement Request Requirements. PROJECT TIMELINE AND BUDGET DETAIL The tasks must be completed by, and all deliverables received by, the corresponding task due date listed in the .table below. Cost -reimbursable grant funding must not exceed the budget amounts indicated below. Requests for any change(s) must be submitted prior to the current task due date listed in the Project Timeline. Task Project Total Grant Grantee Task Due No. Task Category (100%) Award Match (25%) Date (75°/,) 1 Equipment Equipment $ 116,250.00 $ 87,187.50 $29,062.50 1/31/27 Purchase 2 Pumpout Miscellaneous $ 0 SO $0 1/31/27 Signage Expenses Total: S 116,250.00 $ 87,187.50 29,062.50 Rev. 10/30/2025 DEP Agreement No.: CV003 Page 2 of 2 Page 244 of 439 1. a. b. 2. a. b. C. d. e. f. Public Records. 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. The Department may unilaterally terminate the Agreement if Grantee refuses to allow public access to Public Records as required by law. 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: Keep and maintain Public Records required by Department to perform the service. 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. 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. 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. 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. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 1199 F.S., TO THE CONTRACT'OR'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.Rov Mailing Address: Department of Environmental Protection ATTN: Office of Ombudsman and Public Services Public .Records Request 3900 Commonwealth Boulevard, MS 49 Tallahassee, Florida 32399 Rev. 4/8/2024 Attachment 4 I of l . Page 245 of 439 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" 7DEP" 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 1. A recipient that expends $1,000,000 or more in Federal awards in its fiscal year, must have a single or program -specific audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F. EXHIBIT 1 to this Attachment indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, including federal resources received from the Department of Environmental Protection. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR 200.502-503. An audit of the recipient conducted by the Auditor General in accordance with the provisions of 2 CFR Part 200.514 will meet the requirements of this part. 2. For the audit requirements addressed in Part I, paragraph 1, the recipient shall fidfill the requirements relative to auditee responsibilities as provided in 2 CFR 200.508-512. 3. A recipient that expends less than $1,000,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR Part 200, Subpart F -Audit Requirements. If the recipient expends less than $1,000,000 in federal awards in. its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements, the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from non-federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance_ (CFDA) via the intemet athtips://sam.goy/contentlassistance4istings. Attachment 5 1 of 6 BGS -DEP 55-215 Revised 7/1,25 Page 246 of 439 PART 11: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(1)(n); 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 the current 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 the current Rules of the Auditor General. 3. If the recipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal year ending June 30, 2017, and thereafter), an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the.recipient expends less than $750,000 in state financial assistance in its fiscal year, and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities)*. 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at haps://apps.fldfs.com/fsaa for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website at ha://www.leg.state.fl.us/Welcome/index.efin State of Florida's website at http://www.mXflorida.com/, Department of Financial Services' Website at https://www.myfloridacfo.com/ and the Auditor General's Website at ho-://www.Myflorida.com/aud&WL/. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to speck 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 far 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 1. 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 in2 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 2of6 BGS-DEP 55-215 Revised 7/1/25 Page 247 of 439 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 htty://harvester.census.gov/fdcweb/ 2. Copies of financial reporting packages required by PART II of this Attachment shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at one of the following addresses: By Mail: Audit Director Florida Department of Environmental Protection Office of Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Electronically: FDEPSingleAudit@.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 (htt Wflauditor.goprovides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or management letters required by PART III of this Attachment shall be submitted by or on behalf of the recipient 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 leA�udiit@,deo.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 200.51.2, section 215.97, F.S., and the current Rules of the Auditor General, as. applicable. 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 the current Rules ofthe Auditor Attachment 5 3.of6 BGS -DEP 55-215 Revised 7/1/25 Page 248 of 439 General, should indicate the date and time the reporting package was delivered to the recipient and any 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 4 of 6 BGS -DEP 55-215 Revised 7/1/25 Page 249 of 439 F. UMff —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 ,.tea �h�w t„t„t r a rpt rocn,.rrne munrand Federal Resources Awarded to the Red fent Pursuant to this A reement Consist of the FolloNN m : First Compliance requirement: i.e.: (what services of purposes resources must be used for) Federal Program A Federal Agency CFDA Number CPDA Title Funding Amount State Appropriation Category First Compliance requirement: i.e.: (what services of purposes resources must be used for) Department of Interior US Fish & Wildlife Service 15.616 Clean Vessel Act $87,187.50 140122 Etc. Federal Program B Federal A CFDA Number CFDA Title FundingAmount State Appropriation Cate o Note: Of the resources awarded to the recipient represent more than one federal program, list applicable compliance requirements for eachfederal program in thn —e mnnnrr ac .chnwn hoinw- Federal Program A First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliancerequirement: i.e.:(eligibilky requirement for recipients of the resources Etc. Etc. Federal Program B First Compliance requirement: i.e.: (what services of purposes resources must be used for) Second Compliance requirement: i.e.: (cW'bility requirement for recipients of the resources Etc. Etc. Attachment S, EzWbit 1 5 of 6 BO&DEP 55-215 Re,;xd nns Page 250 of 439 Note.: If the resources awarded to the recipientfor matching represent more than one federal program, provide the same information shown below for each federal proeram and show total state resources awarded for matchinc. State Resources Awarded to the Recipient Pursuant to this A reement Consist of the Followine Matchimz Resources for Federal Pro rams: Federal Program A Federal Agency CFDA CFDA Title Fundinq Amount State Appropriation Cateizory CSFA Title or . Funding Source Description Fundin=Amount State Appropriation Cate Federal Program B Federal Agency CFDA CFDA Title Fundnw Amount State Appropriation Catego State Program B State Awarding Agency State FiscalYear2 CSFA Number CSFA Title or Funding Source Description I undina Amount 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 subiect 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 21 x.97, F.S.: State Program A State Awarding Agency State Fiscal Year' CSFA Number CSFA Title or . Funding Source Description Fundin=Amount State Appropriation Cate State Program B State Awarding Agency State FiscalYear2 CSFA Number CSFA Title or Funding Source Description I undina Amount State Appropriation Category Total Award 1 $871187.50 Note: List applicable compliance requirement in the same manner as illustrated above forfederal 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 requirementsdescribed in the Catalog of Federal Domestic Assistance (CFDA) f as://sam eov/content/assistance-listines] and/or the Florida Catalog of State Financial Assistance (CSFA) fhttps://apps.fldfs.com/fsaa/searchCatalog.asnxl, and State Projects Compliance Supplement (Part Four: State Projects Compliance Supplement [https://apps.Bdfs.com/fsaa/compliance.aspx ]. The services/purposes for which the fiords 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. 1 Subject to change by Change Order. 2 Subject to change by Change Order. Attachment 5, Exhibit 1 6 of 6 BGS -DEP 55.215 ReAwd 71/25 Page 251 of 439 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION PROGRAM -SPECIFIC REQUIREMENTS CLEAN VESSEL ACT GRANT PROGRAM ATTACHMENT 6 1. Purpose The primary goal of the Clean Vessel Act (CVA) is to reduce overboard sewage discharge from recreational boats by providing pumpout and dump stations for recreational boaters to dispose of human waste in an environmentally safe manner. The purpose of the CVA Grant Program ("Program") is to establish or restore pumpout facilities that are operational and accessible to the general boating public for the useful life of the facilities. The Program also provides educational materials for boaters on the hazards of boater sewage. 2. Pumpout Station Operation Plan The Grantee shall operate each pumpout or dump station funded under this Agreement so that it is open and available to the recreational boating public. Each pumpout facility, pumpout vessel, or dump station shall be operated, maintained, and continue to be reasonably accessible to all recreational vessels for the period of time set forth in the Agreement. The Grantee will conduct operations of the pumpout facility, pumpout vessel, or dump stations in accordance with their Pumpout Station Operational Plan. Pumpout vessels are to be used solely for the collection and hauling of recreational boat sewage. 3. Program Guidelines The Agreement shall be performed in accordance with the Federal CVA Grant Program Guidelines [50 Code of Federal Regulations (CFR) Parts 80 and 85] which are hereby incorporated by reference as if fully set forth herein. The Grantee acknowledges that receipt of this grant does not imply nor guarantee that a federal, state or local permit will be issued for a particular activity. The Grantee agrees to ensure that all necessary permits are obtained prior to implementation of any grant -funded activity that may fall under applicable federal, state or local laws. 4. Reporting Requirements Some CVA -funded projects have a five (5) year reporting requirement. If required by Attachment 3, Grant Work Plan, the Grantee shall provide a Quarterly Pumpout Log in accordance with the requirements and timeframes set forth in Attachment 3. In addition to the obligations listed in paragraph 10 to Attachment 1, Standard Terms and Conditions, the reporting obligations of the Grantee in this. Section shall survive expiration of this Agreement for five (5) years from the project end date. 5. Fees for Pumpout Services Pumpout facilities, pumpout vessels, or dump station services will be provided free of charge or for a fee not to exceed the allowable federal maximum per pumpout set by the 50 CFR §85.44, for the life of the equipment. If pumpout fees are collected, such proceeds shall be accounted for and must be deducted from any reimbursement requests submitted by the Grantee for expenses associated with conducting operations and maintenance activities. An accounting of all fees collected will be provided on the Quarterly Pumpout Log described in Attachment 3, Grant Work Plan. Rev. 10.31.25 Attachment 6 Pagel of 3 Page 252 of 439 6. Program Crediting and Signage The Grantee shall display the appropriate pumpout symbol on facilities, such as pumpout and portable toilet dump stations, or on printed material or other visual representations relating to Project accomplishments or education/information (50 CFR §85.43 and 50 CFR §85.47). A. If specified in Attachment 3, Grant Work Plan, the following signage is required: i. One (1) three-foot (3) by four -foot (4') sign of the International Pumpout Symbol to be located on a dock or on land facing the waterway and clearly visible to boaters. ii. One (1) informational sign, to be posted in a clearly visible location adjacent to the pumpout equipment, which must state fees, restrictions, hours of operation, operating instructions, an operator name and phone number, emergency phone numbers for reporting service problems, and include the following statement: "Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida Department of Environmental Protection." B. If required by Attachment 3, Grant Work Plan, all other printed materials or visual representations related to the Project, including education and instructional materials shall include the following statement: "Funded in part by the U.S. Fish and Wildlife Service, Clean Vessel Act through the Florida Department of Environmental Protection." 7. Project Required Submittals and Requirements The following documents are required submittals under this Agreement. Failure to provide any of the following in the timeframes provided may result in denial of reimbursement request. These provisions also represent requirements under this Agreement that must be complied with for the term of this Agreement. A. The Grantee shall submit copy(s) of any executed subcontracts for the completion of this project as described in Attachment 2, Special Terms and Conditions, paragraph 11. B. In addition to the detailed supporting documentation required for reimbursement, as described herein, the Grantee shall, with the final reimbursement request, submit the Quarterly Pumpout Log, as described herein, when one or both of the following conditions apply: 1. When the Project includes the purchase and/or installation of pumpout equipment, the Grantee is responsible for submitting the Quarterly Pumpout Log 'for a period of five (5) years. The five (5) year reporting period begins upon either the complete installation of all pumpout equipment or the Department's Grant Manager's acceptance of the final deliverables and submittal of the final invoice, whichever comes later. The Quarterly Pumpout Log is due every quarter thereafter for the following five (5) years. 2. When the Project includes operations and/or maintenance and repair, the Grantee is responsible for submitting the Quarterly Pumpout Log beginning upon execution of this Agreement, specifically at the first quarter of operations, and continuing each quarter thereafter through the expiration of this Agreement. Quarterly Pumpout Logs must be retained as backup documentation for a period of five (5) years from the project end date. Rev. 10.31.25 Attachment 6 Page 2 of 3 Page 253 of 439 8. Salaries/Wages by Task Salaries for personnel shall only be reimbursed for salary rates and hours spent on the Project. The Grantee shall not be reimbursed for multipliers (i.e., fringe benefits, overhead, indirect, and/or general and administrative rates). Cost Reimbursement is based on direct salary rates with the maximum allowable reimbursement rate per hour indicated below. --- Position TitladClamsificatian Site Preparation Worker Maximum Hourly Rate of Pay $22.25 Renovation Worker $20.50 Equipment Installation Worker $24.50 Operations Worker $27.00 Maintenance and Repair Worker $26.70 Pumpout Signage Worker $20.00 9. Reimbursement Request Requirements Grantee may submit a partial or final reimbursement request. A partial reimbursement package is submitted when the project is not complete, but the Grantee is seeking reimbursement for the task deliverables that are complete. A final reimbursement package is submitted upon the completion of the project. Reimbursement packages are to reflect the project deliverables in Attachment 3, Grant Work Plan. They may include, but are not limited to the following: Salaries/Wages reimbursement requests (partial or final) must include: 1. a list of employee position title./classifications, 2. the applicable hourly rate, 3. the specific dates for time worked, and 4. the number of hours worked per position title classification by date and total. Partial Reimbursement Package: 1. Exhibit A — Quarterly Progress Report 2. Quarterly Pumpout Log 3. Exhibit C — Payment Request Summary Form 4. In-house labor documents with proof of payment 5. Vendor invoices with proof of payment such as cancelled checks, credit card receipts, or bank statements Final Reimbursement Package: 1. Everything included in a Partial Reimbursement Package 2. Exhibit A, Quarterly Progress Report, reflecting the project completion 3. Exhibit B — Property Reporting Form (if applicable) 4. Exhibit C — Payment Request Summary Form 5. Executed subcontracts used for the completion of this project as described in Attachment 2, Special Terms and Conditions, paragraph 11. Rev. 10.31.25 Attachment 6 Page 3 of 3 Page 254 of 439 ATTACHMENT 8 Contract Provisions for DOI-Funded Agreements The Department, as a Non -Federal Entity as defined by 2 CFR §200.69, shall comply with the following provisions, where applicable. For purposes of this Grant Agreement between the Department and the Grantee, the term "Recipient" shall mean "Grantee." Further, the Department, as a pass-through entity, also requires the Grantee to pass on these requirements to all lower tier subrecipients, and to comply with the provisions of the award, including applicable provisions of the OMB Uniform Guidance (2 CFR Part 200), and all associated terms and conditions.. Therefore, Grantees must include these requirements in all related subcontracts and/or sub -awards. Grantees can include these requirements by incorporating this Attachment in the related subcontract and/or sub -awards, however for all such subcontracts and sub -awards, the Grantee shall assume the role of the Non -Federal Entity and the subrecipients shall assume the role of the Recipient. 2 CFR PART 200 APPENDIX 2 REQUIREMENTS 1. Administrative. Contractual. and Legal Remedies The following provision is required if the Agreement is for more than $150,000. In addition to any of the remedies described elsewhere in the Agreement, if the Recipient materially fails to comply with the terms and conditions of this Contract, including any Federal or State statutes, rules or regulations, applicable to this Contract, the Non -Federal Entity may take one or more of the following actions. i. Temporarily withhold payments pending correction of the deficiency by the Recipient. ii. Disallow (that is, deny both use of fimds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. iii. Wholly or partly suspend or terminate this Contract. iv. Take other remedies that may be legally available. The remedies identified above, do not preclude the Recipient from being subject to debarment and suspension under Presidential Executive Orders 12549 and 12689. The Non -Federal entity shall have the right to demand a refund, either in whole or part, of the funds provided to the Recipient for noncompliance with the terms of this Agreement. 2. Termination for Cause and Convenience Termination for Cause and Convenience are addressed elsewhere in the Agreement. 3. EqualOppgMM Clause The following provision applies if the agreement meets the definition of "federally assisted construction contract" as defined by 41 CFR Part 60-1.3: During the performance of this Agreement, the Recipient agrees as follows: i. The Recipient will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Recipient will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following. a. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. ii. The Recipient will, in all solicitations or advertisements for employees placed by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. iii. The Recipient will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired Attachment 8 l of 6 Rev. 8/29/2022 Page 255 of 439 about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Recipient's legal duty to finnish information. iv. The Recipient will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Agreement or understanding, a notice to be provided advising the said labor union or workers' representatives of the Recipient's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. v. The Recipient will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. vi. The Recipient will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. vii. In the event of the Recipient's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Recipient may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided -in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. viii. The Recipient will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Recipient will take such action with respect to any subcontractor purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. 4. Davis Bacon Act If the Agreement is a prime construction contract in excess of $2,000 awarded by the Recipient, and if required by the Federal Legislation, the Recipient must comply with the Davis -Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must pay wages not less than once a week. The Recipient must comply with the Copeland "Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each Recipient or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 5. Contract Work Hours and Safety Standards Act Where applicable, if the Agreement is in excess of $100,000 and involves the employment of mechanics or laborers, the Recipient must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3,702 of the Act, each Recipient must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not Attachment 8 2 of 6 Rev. 8/29/2022 Page 256 of 439 less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do. not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 6. Rights to Inventions Made Under Agreement If the Federal award meets the definition of "funding agreement''. under 37 CFR §401.2 (a) and. the Non - Federal Entity or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that `.`funding agreement," the Non -Federal Entity or subrecipient must comply with the requirements of 3.7 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 7. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal. Water Pollution Control Act 63 U.S.C. 1251-1387 If the Agreement is in excess of $150,000, the Recipient shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal Awarding Agency and the Regional Office of the Environmental Protection Agency (EPA),: 8. Debarment and Suspension (Executive Orders 12549 and 12689) The Recipient certifies that it is not listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement .Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689.(3 CFR part 1989 Comp., p..235). "Debarment and Suspension." 9. Byrd Anti-Lobbving Amendment (31 U.S.C. 1352) The Recipient certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. If applicable, the Recipient shall disclose any lobbying with non -Federal fiords that takes place in connection with obtaining any Federal award, using form SF -LLL; available at: httvs://agplv07.grants.gov/a=ly/forms7sample/SFLLL 1.2 P -V I.2.pdf. . 10. Procurement of Recovered Materials The Recipient must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act as described in 2 CFR.part 200.322. 11. Prohibition on Certain Telecommunications and Video Surveillance Services or Eouivment The Recipients and subrecipients are prohibited from obligating or expending. loan or grant funds to procure or obtain; extend or renew a contract to procure or obtain; or 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. See Section 889 of Public Law. 115-232 (National Defense Authorization Act 2019). Also, see 2 CFR 200.216 and 200.471. 12. Domestic Preferences for'Procurement The Recipients and subrecipients must to the greatest extent practical give preference to the purchase, acquisition, or use of goods, products, or materials: produced in the United States in accordance with; 2 CFR .200.322. 13. Build America, Buy America Act Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for project: for infrastructure unless: i. 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; ii. 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 Attachment 8 3 of 6 Rev. 8729/2022 Page 257 of 439 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 iii. 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. Infrastructure Investment and Jobs Act (" IIJA"), Pub. L. No. 117-58, which includes the Build America, Buy America Act ("the Act"). Pub. L. No. 117-58, §§ 70901-52. ADNIINISTRATIVE 1. General Federal Regulations Recipients shall comply with the regulations listed in 2 CFR 200, 48 CM 31, and 40 U.S.C. 1101 et sequence. 2. Rights to Patents and Inventions Made Under a Contract or Agreement Rights to inventions made under this assistance agreement are subject to federal patent and licensing regulations, which are codified at Title 37 CFR Part 401 and.Title 35 U.S.C. 200 through 212. 3. Compliance with the Trafficking Victims Protection Act of 2000 (2 CFR Part 175) Recipients, their 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. 4. Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) Recipients must comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234), if applicable. This act requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 5. Water Resources Reform and Development Act (WRRDA) P.L. 113-121 Recipients must comply with the Water Resources Reform and Development Act (WRRDA) P.L. 113-121, if applicable. This act provides for improvements to the rivers and harbors of the United States, to provide for the conservation and development of water and related resources. 6. Whistleblower Protection Recipients shall comply with U.S.C. §4712, Enhancement of Recipient and Subrecipient Employee Whistleblower Protection. This requirement applies to all awards issued after July 1, 2013 and effective December 14, 2016 has been permanently extended (Public Law (P.L.) 114-261). (a) This award, related subawards, and related contracts over the simplified acquisition threshold and all employees working on this award, related subawards, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies in the pilot program on award recipient employee whistleblower protections established at 41 U.S.C. 4712 by section 828 of the National Defense Authorization Act for Fiscal Year 2013 (P.L. 112-239), (b) Recipients, their subrecipients, and their contractors awarded contracts over the simplified acquisition threshold related to this award, shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712. (c) The Recipient shall insert this clause, including this paragraph (c), in all subawards and in contracts over the simplified acquisition threshold related to this award; best efforts should be made Attachment 8 4 of 6 Rev. 8/29/2022 Page 258 of 439 to include this clause; including this paragraph (c) in any subawards and contracts awarded prior to the effective date of this provision. 7. Notification of Termination (2 CFR & 200.340) In accordance with 2 CFR § 200.340, in the event that the Agreement is terminated prior to the end of the period of performance due to the Recipient's or subcontractor's material failure to comply with Federal statutes, regulations or the terms and conditions of this Agreement or the Federal award, the termination shall be reported to the Office of Management and Budget (OMB) -designated integrity and performance system; accessible through System for Award Management (SAM) currently the Federal Awardee Performance and Integrity Information System (FAPIIS). The Non -Federal Entity will notify the Recipient of the termination and the Federal requirement to report the termination in FAPIIS. See 2 CFR § 200.340 for the requirements of the notice and the Recipient's rights upon termination and following termination: 8. Additional Lobbying Reguirements (a) The Recipient certifies that no fiords provided under this Agreement have been used or will be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. (b) The Lobbying Disclosure Act of 1995, as amended (2 U.S.C. §1.601 et seq.), prohibits any organization described in Section 501(c)(4) of the Internal Revenue Code, from receiving federal funds through an award, grant (and/or subgrant) or loan unless such organization warrants that it does not, and will not engage in lobbying activities prohibited by the Act as a special condition of such an award, grant (and/or subgrant), or loan. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. (c) Pursuant: to 2 CFR §200.450 and 2 CFR §200.454(e), the Recipient is hereby prohibited from using funds provided by this Agreement for membership dues to any entity or organization engaged in lobbying activities., COMPLIANCE WITH ASSURANCES 9. Assurances Recipients shall comply with any and all applicable assurances made by the Department or the Recipient to the Federal Government during the Grant application process. FEDERAL REPORTING REQUIREMENTS Grant Recipients awarded a new Federal grant greater than or equal to $30,000 awarded on or after October 1, 2015, are subject to the FFATA the Federal Funding Accountability and Transparency Act ("FFATA") of 2006. The FFATA legislation requires that information on federal awards (federal financial assistance and expenditures) be made available to the public via a single, searchable website, which is www.USASnendinggov. The Grantee agrees to provide the information necessary, within one (1) month of execution, for the Department to comply with this requirement DEPARTMENT OF INTERIOR -SPECIFIC 10. Department of Interior (DOI) General Terms and Conditions Recipients shall comply with DOI General Terms and Conditions available at https://ww,w.doi.goy/g m!gE2UIms/fm ild l assistance/TermsandConditions, and incorporated by reference. 11 DOI RegWations Recipients shall comply with the following regulations: 2 CFR 1400-1402, 43 CFR 9, 43 CFR 17, 43 CFR 18, 43 CFR 41, and 43 CFR 44. 12. Drug -Free Workplace Recipients must make an ongoing, good faith effortto maintain a drug-free workplace pursuant to the specific requirements set forth in Title 2 CFR Part 1401. Additionally, in accordance with:these .regulations, the recipients must identify all known workplaces under its federal awards, and keep this information on file during the performance of the award. 13. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act As applicable, Recipient shall comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) to provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These Attachment 8 5 of 6 Rev. 82972022 Page 259 of 439 requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 14. Deposit of Publications Produced under Grants Pursuant to Departmental Manual 505 DM4 (DOI) and Service Manual FW 1 (USFWS), any grant or cooperative agreement that will. produce a publication (other than those listed as exceptions) -must provide two copies of each publication to the Department of Interior's Natural Resources Library. For a list of exceptions, transmittal requirements, and delivery information see Departmental Manual 505 DM 4, Deposit of Publications Produced under Grants at: h=://elws.doi.gov/ELIPS/DocView.Aspx?id=1671. UNITED STATES FISH & WILDLIFE SERVICE -SPECIFIC 15.USFWS Financial Assistance Award Terms and Conditions Recipients shall comply with the USFWS Financial Assistance Award Terms and Conditions applicable to the specific Federal Award funding source, available at httos://www.fws.ROU/ant_s_/Lt_c.html, and incorporated by reference. NATIONAL PARKS SERVICE LAND AND WATER CONSERVATION FUND STATE ASSISTANCE PROGRAM -SPECIFIC 16. LWCF Federal Financial Assistance Manual As applicable, Recipients shall comply with the LWCF Federal Financial Assistance Manual Effective March 11, 2021, or later, available at has://www.Us.gov/subiects/lwcVlwcf-manual.htin and incorporated by reference. 17. Historic Preservation. As applicable, Recipients shall comply with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). u : a a]y7Tef�1�Y11�1�YY[a]J:1��1'��r1�Mr 111�.� Attachment 8 6 of 6 Rev. 8/29/2022 Page 260 of 439 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CLEAN VESSEL ACT GRANT PROGRAM Exhibit A Progress Report Form DEP Agreement No.: CV003 Project Title: Grantee Name: Grantee's Grant Manager: Reporting Period: I Select Quarter - Enter the Year Provide the following information for all tasks identified in Attachment 3. Grant Work Plan: Summarize the work completed within each task for the reporting period, provide an update on the estimated completion date for each task, and identify any anticipated delays or problems encountered. Use the format provided below and use as many pages as necessary to cover all tasks. Each quarterly progress report is due no later than twenty (20) days following the completion of the quarterly reporting period. Task 1: Select Title ■ Progress for this reporting period: ■ Identify delays or problems encountered: Task 2: Select Title ■ Progress for this reporting period: ■ Identify delays or problems encountered: Exhibit A, Page 1 of 2 Rev. 10/31/2025 Page 261 of 439 Completion Status for Tasks Indicate the completion status for the following tasks, as applicable to the project. Tasks: Site Preparation, Renovation, Equipment Installation, Pumpout Signage, and others Deliverable Completion Status Before and after photographs of site. Yes ❑, No ❑, N/A ❑ Written certification, stating that the Project site is prepared according to Yes ❑, No ❑, N/A ❑ approved plans and design. Yes ❑, No ❑, N/A ❑ Copy of any applicable inspection report(s) to verify work passed inspection. Yes ❑, No ❑, N/A ❑ Copy of any executed subcontract related to this task. Yes ❑, No ❑, N/A ❑ Timesheets or payroll records documenting hours worked, pay rates, and Yes ❑, No ❑, N/A ❑ classification of employees performing renovation work. Tasks: Equipment Purchase, Operations of Equipment, Maintenance and Repair, and others Deliverable Completion Status Exhibit B, Property Reporting Form Yes ❑, No ❑, N/A ❑ Copy of paid invoices, and delivery receipts Yes ❑, No ❑, N/A ❑ Final inventory report due at the end of the Agreement. Yes ❑, No ❑, N/A ❑ The Pumpout Station Operational Plan (PSOP) Yes ❑, No ❑, N/A ❑ Quarterly Pumpout Log Yes ❑, No ❑, N/A ❑ List of maintenance or repairs made to the pumpout equipment Yes ❑, No ❑, N/A ❑ This report is submitted in accordance with the reporting requirements of the above DEP Agreement number and accurately reflects the activities associated with the project. Signature of Grantee's Grant Manager Exhibit A, Page 2 of 2 Rev. 10/31/2025 Click or tap to enter a date. Date Page 262 of 439 FLORIDA DEPAR1MENi OF ENVIRONMENTAL PROiEMON E7ddlilt B • Property Reporting Form Agreement Number: CV003 GRANTEE: In order to comply with applicable state and/or federal regulations, list non -expendable equipment/personal property costing $10,000 or more purchased directly or indirectly under the above Agreement. Complete: 1) a description of the property, 2) the serial number or other identification number, 3) the source, 4) who holds title/ownership, 5) purchase date, 6) cost, 7) DEP's percent share of that cost, 8) location/address of the property, 9) use and condition, 30) any ultimate disposition data, including date of disposal and sale price. Description Serial No./ ID No. Source Owner Purchase Date Cost %Charged to DEP Grant Location Use and Condition Disposition Grantee: Date: Grantee Grant Manager: Date: BELOW IS FOR DEP USE ONLY DEP GRANT MANAGER: Send invoices supporting the cost of the items to Finance and Accounting for the processing of the Grantee's invoice for payment. Maintain a copy of the Invoices supporting the cost of each item identified above in your grant agreement file. Refer to Administrative Policy 320 for Property Guidelines. DEP Grant Manager: DEP 55-211 Rev. 10-01-2024 Date: I11114:D Page 263 of 439 Exhibit C Payment Request Summary Form DEP Agreement No.: CV003 Agreement Effective Dates: Grantee: Grantee's Grant Manager: Mailing Address: Payment Request No.: Date of Payment Request: Total Amount of this Request: ting ce 0 0 0 0 0 0 0 0 3 Match D� 0 0 0 0 0 0 0 0 0 e 264 of 439 GRANTEE CERTIFICATION Complete Grantee's Certification of Payment Request on Page 3 to certify that the amount being requested for reimbursement above was for items that were charged to and utilized only for the above-cited grant activities. Please see Attachment 1, Standard Terms and Conditions, paragraph 24 for this Agreement's requirements regarding the Build America, Buy America Act (BABA). -REMAINDER OFPAGEINTENTIONALLYLEFTBLANK Exhibit C, DEP Agreement #: CV003 2 of 4 Rev. 9M/2025 Page 265 of 439 I, Grantee's Certification of Payment Request (Print name of Grantee's Grant Manager designated in the Agreement) (Print name of Grantee/Recipient) DEP Agreement No. CV003 , on behalf of do hereby certify for and Payment Request No. that: Q The disbursement amount requested is for allowable costs for the project as described in Attachment 3 of the Agreement. 0 All costs included in the amount requested have been satisfactorily purchased, performed, received, and applied toward, completing the project; such costs are documented by invoices or other appropriate documentation as required in the Agreement. 0 The Grantee has paid such costs under the terms and provisions of contracts relating directly to the project; and the Grantee is not in default of any terms or provisions of the contracts. Check all that apply below: ❑ All permits and approvals required for the construction, which is underway, have been obtained. ❑ Construction up to the point of this disbursement is in compliance with the construction plans and permits. ❑ The Grantee's Grant Manager relied on certifications from the following professionals that provided services for this project during the time period covered by this Certification of Payment Request, and such certifications are included: Professional Service Provider (Name / License No.) Period of Service (mm/dd/yy — mm/dd/yy) Grantee's Grant Manager Signature Grantee's Fiscal Agent Signature Print Name Print Name Telephone Number Telephone Number Exhibit C, DEP Agreement#: CV003 3 of4 Rev. 925/2025 Page 266 of 439 INSTRUCTIONS FOR COMPLETING PAYMENT REQUEST SUMMARY FORM DEP AGREEMENT NO.: This is the number on your grant agreement. AGREEMENT EFFECTIVE DATES: Enter agreement execution date through end date. GRANTEE: Enter the name of the grantee's agency. GRANTEE'S GRANT MANAGER: This should be the person identified as grant manager in the grant Agreement. MAILING ADDRESS: Enter the address that you want the state warrant sent. PAYMENT REQUEST NO.: This is the number of your payment request, not the quarter number. DATE OF PAYMENT REQUEST: This is the date you are submitting the request. TOTAL AMOUNT OF THIS REQUEST: This should match the amount on the "TOTAL AMOUNT" line for the "GRANT AMOUNT 75%" column in the CURRENT REQUEST table. PERFORMANCE PERIOD: This is the beginning and ending date of the invoice period for the task/deliverable that the request is for (this must be within the timeline shown for the task/deliverable in the Agreement). PAST PAYMENTS SECTION: TASK No.: This is the number of the task/deliverable that you requested payment for. TASK PERFORMED: Select the name of the task. CATEGORY: Select the name of the authorized budget category. "GRANT AMOUNT (75%)" COLUMN: Enter the currently approved budget in the Grant Work Plan. "CUMULATIVE PAYMENT REQUESTED (75%)" COLUMN: Enter the cumulative amounts that have been requested to date for reimbursement by budget category. The total amount will auto -populate. "REMAINING BALANCE" COLUMN: The remaining balance will auto -populate. CURRENT REQUEST SECTION: TASK No.: This is the number of the task/deliverable that you are requesting payment for and/or claiming match for (must agree with the current Grant Work Plan). TASK PERFORMED: Select the name of the task. CATEGORY: Select the name of the. authorized budget category. "TOTAL REQUEST (100%)" COLUMN: Enter the amount that was expended for this task during the period for which you are requesting reimbursement for this task. This must agree with the currently approved budget in the current Grant Work Plan of your grant Agreement. Do not claim expenses in a budget category that does not have an approved budget. Do not claim items that are not specifically identified in the current Grant Work Plan. Enter the 100% amount of each task for which you are requesting reimbursement and the form will calculate 75% and 25% in the GRANT AMOUNT and GRANTEE MATCH columns. The column total will autapopulabe on the "TOTAL AMOUNT' line. GRANTEE'S CERTIFICATION: Check all boxes that apply. Identify any licensed professional service providers that certified work or services completed during the period included in the request for payment. Must be signed by both the Grantee's Grant Manager as identified in the grant agreement and the Grantee's Fiscal Agent. NOTES: If claiming reimbursement for travel, you must include copies of receipts and a copy of the travel reimbursement form approved by the Department of Financial Services, Chief Financial Officer. Documentation for match claims must meet the same requirements as those expenditures for reimbursement. Exhibit C, DEP Agreement #: CV003 4 of 4 Rev. 9!25/2025 Page 267 of 439 Exhibit F COMMON CARRIER OR CONTRACTED CARRIER ATTESTATION FORM (PUR 1808) This form must be completed by a Common Carrier or contracted carrier and submitted to the Governmental Entity with which a Contract being is executed, amended, or renewed. Capitalized terms used herein have the definitions ascribed in section 908.111, F.S. Name of Common Carrier or contracted carrier is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien, except to facilitate the detention, removal, or departure of the person from this state or the United States. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Printed Name: Title: Lagoon Resources Managg D�gNlfy sq— by: Melissa M1lelsenbuq Melissa D CCN=Melissa Msiseripury enb°= bvg@inEbn a.pov o = Us o = Signature: Meisenburg �=R.-t DDD=" b— Date: 01.06.2026 `� Dab: 2026.01 .06 -Z 23 -0V.' PUR 1808 (08/22) Page 1 of 1 60A-1.020, F.A.C. Page 268 of 439 Apri121, 2025 Melissa Meisenburg Indian River County Department of Natural Resources 1801 27th St Vero Beach, FL 32960 Dear Melissa, This letter summarizes the Indian River Land Trust's financial commitment toward Indian River County's planned Indian River Lagoon pump -out boat initiative in an effort to accelerate the elimination of pollutants from sewage waste in the Lagoon. The Land Trust Board of Directors has agreed to provide the required 25% match, up to a total of $50,000, for a grant proposal the County is submitting for the purchase of a pump -out boat and related equipment. The Land Trust's funding relies on the County to apply for and receive the grant in the next 12 months, together with the County's commitment to provide the funding necessary to maintain and operate the boat, including a staff position to conduct regular pump -out service on the Lagoon. If the pump -out boat program is not funded accordingly, or will not commence by October 1, 2026, the Land Trust Board of Directors may retract or modify this financial commitment accordingly. In summary, the Indian River Land Trust is delighted that Indian River County is taking the initiative to reduce unnecessary pollutants from entering the Indian River Lagoon, and is pleased to partner with the County in this effort to improve the water quality of this estuary of national significance. Sincerely, Ken Grudens Executive Director Page 269 of 439 Clean Water Coalition CWC of Indian River County, Inc. April 21, 2025 Melissa Meisenburg IRC Senior Lagoon Environmental Specialist RE: Pump -out Boat Dear Ms. Meisenburg, The Clean Water Coalition of Indian River County would like to express our strong support for the implementation of a pump -out boat service for the IRC portion of the Lagoon. The elimination of direct discharge of vessel waste into our lagoon has been an ongoing CWC concern. We have been advocating for effective regulation and enforcement for mandatory pump -out requirements for vessels in our waterways since our inception. , We appreciate your effort to locate grants which will cover the bulk of the cost to purchase and operate a pump -out boat that would serve the entire county. To help move this process forward, the Clean Water Coalition of IBC's Board of Directors has agreed to commit up to $10,000 to help provide the required 25% match for the operation and maintenance of the pump -out boat for its first year of service. If the pump -out boat program is not funded or will not commence by October 1, 2026, the CWC Board of Directors may retract or modify this financial commitment accordingly. We are also appreciative that the Indian River Land Trust is committed to providing support toward the purchase of the vessel. Their partnership, :along with our contribution toward the operational costs, shows the strong community support for this essential and needed service. The Clean Water Coalition stands ready to assist in any way possible to make thispump-out boat successful in Indian River County. Please let us know how we can further support this important initiative. Sincerely, Judy Orcutt, President Clean Water Coalition of Indian River County Page 270 of 439 4/21/2026 Item 9.1. What is a Pump Out Vessel? • This is a boat that is designed to remove sewage waste products (septage) from other boats and then offload for proper treatment. These boats help prevent discharge of waste into the waterbody. 2 FM 7 History of Pump Out Program QSeptember 2023 Q June 2025 Q April 2026 River Land Trust and Clean Water Board Adopts Indian River County Coalition of Indian River County Board Approves staff to apply for Board approves Agreement with Indian River Lagoon (IRL) and accept Clean Vessel Act Grant City of Vero Beach to store pump Management Plan (LMP). LMP for funds towards procurement of out vessel at City Marina and use identifies need for additional pump pump out vessel and to start a septage receiving line. Vessel is out capacity within our section of pump out program. received. the IRL. Staff attends demonstration of pump out vessel in neighboring County to learn more about programs that accommodate waste removal without large infrastructure investments. 6 February 2025 3 Clean Vessel Grant awarded to Indian River County. 4 January 2026 Program Partnerships Clean Vessel Act Grant Law to reduce water pollution by prohibiting vessels from discharging raw sewage into fresh water or coastal saltwater. Grant program was established to help fund sewage disposal facilities. 76% cost share to purchase vessel Grant Award of $87,187.50 4 Y Indian River Land Trust Established in 1990, mission is to protect, improve, provide access to, and promote the preservation of waterways, open spaces, and green places in Indian River County for the benefit of all today and tomorrow. 25% cost share to purchase vessel Proposed donation of $29,062.50 CWC wwmn.emmwt 4/21/2026 Item 9.1. Clean Water Coalition Established in 2018, dedicated to the protection and restoration of our waters through advocacy, education, conservation, and restoration; by working in collaboration with private and governmental entities. Cost share towards program operations Proposed donation of $10,000 City of Vero Beach Incorporated in 1919, provides public services to City residents. Use of City Marina and Septage receiving line (pending City approval) 2--p- 2 Consideration of accepting donations on behalf of the Indian River Land Trust and Clean Water Coalition of Indian River County towards implementing a pump out program. Today Clean Water Coalition Established in 2018, dedicated to the protection and restoration of our waters through advocacy, education, conservation, and restoration; by working in collaboration with private and governmental entities. Cost share towards program operations Proposed donation of $10,000 City of Vero Beach Incorporated in 1919, provides public services to City residents. Use of City Marina and Septage receiving line (pending City approval) 2--p- 2 5 Staff recommends that the Board accept donations from the • Indian River Land Trust in the amount of $29,062.50 and from the • Clean Water Coalition in the amount of $10,000.00 and approve of acknowledging these entities on the vessel hull as well as future planned program signage. 4/21/2026 Item 9.1. File ID: 2026-594 Indian River County, Florida Memorandum Type: Consent Agenda Indian River County Administration Complex 180127th Street Vero Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 ion To: Board of County Commissioners_ . Through: John Titkanich Jr., County Administrator Michael Zito, Deputy County Administrator Beth Powell, Parks, Recreation, and Conservation Director Wendy Swindell, Assistant Director of Land & Special Projects From: Steven Barako, Superintendent Date: 04/08/2026 Subject: License Agreement for Resident Deputy at Donald MacDonald Campground Background: On March 5th, 2013, the County entered into an agreement with Indian River County Sheriff's Deputy Bryan Klassen to provide a space for the deputy to place his mobile home at the Donald MacDonald Campground Park. The presence of a Deputy at the campground was desirable to promote the safety and orderly enjoyment of the campground facilities. When this agreement expired, a new agreement was entered into with the Deputy Klas$en on December 4,: 2018. In 2021, the agreement with Deputy Klassen was terminated:due to his resignation from the Indian River County Sheriff's Office. The ownership of the mobile home belonging to Deputy Klassen was transferred to Deputy Ernesto Macias and the County entered intoa two-year license agreement with Deputy Macias on June 8, 2021. The two-year agreement had options for renewals as needed (Attachment 1). Analysis: The agreement with Deputy Macias has expired, and the County. has worked with Deputy Macias on an updated agreement (Attachment 2). This agreement provides: a Deputy presence at Donald MacDonald Campground, and has been modified to better reflect current operational needs at the campground. As outlined in Attachment 2, the terms for this agreement include a two-year term with the option for two-year renewals. Budgetary Impact• There is no budgetary impact from this license agreement. Page 271 of 439 Previous Board Actions: There have been previous deputy agreements for the Donald MacDonald Campground. Potential Future Board Actions: Future board actions may include revised agreements based on anticipated Deputy use and/or modifications to campground operations. Strategic Plan Alignment: Public Safety Other Plan Alignment: Quality of Life Staff Recommendation: Staff respectfully requests that the Board of County Commissioners approve the license agreement and authorize the Chairman to execute the agreement after review and approval by the County Attorney for legal sufficiency. Attachments: 1. Attachment 1 - Macias - 2021 DMD Deputy Agreement 2. 4.13.26 Donald MacDonald Deputy License Agreement Page 272 of 439 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License Agreement") is entered into as of this 8 th day of June 2021, by and between Indian River County, a political subdivision of the State of Florida, 1801 27th Street, Vero Beach, FL 32960 ("County"), and Deputy Ernesto Macias, a resident of Indian River County, Florida, 12315 Roseland Road, Roseland, FL 32957, ('Tenant"), as follows: WHEREAS, the County owns and operates the Indian River County Donald MacDonald Campground ("Campground"), and WHEREAS, Tenant is a Deputy Sheriff with the Indian River County Sheriff s Office ("IRCSO"); and WHEREAS, the County seeks to have the presence of a law enforcement officer to provide security for the Campground when closed and during non -work hours of the County's Parks and Recreation employees, to promote the safe and orderly enjoyment of the Campground. Tenant seeks to have a location for his mobile home residence, and WHEREAS, the prior license was terminated due to the occupant Deputy resigning and selling the personal property (mobile home and garage) to Deputy Ernesto Macias. With this sale the County desires to enter into this new License Agreement. NOW, THEREFORE, for the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County and Tenant ("the Parties") agree to the terms and conditions set forth in this License Agreement. 1) License. County grants to Tenant a revocable license to use and occupy the real property which property includes a lot with utility connections for a mobile home ("Licensed Property"). Specifically, Tenant is authorized to use and occupy the Licensed Property solely as a single-family residence for Tenant and his family, and for no other purpose. The Tenant must provide the County with proof of ownership of the mobile home prior to the execution of this License Agreement. 2) Term. The term of this License Agreement shall be two (2) years from the date of approval of this License Agreement by the Indian River County Board of County Commissioners. The term shall be subject to renewal for two (2) additional two (2) year terms, upon the mutual agreement of both Parties. The two renewals may be authorized by the County Administrator or his designee if it is in the best interest of the County. Upon termination of this License Agreement, if Tenant shall fail to remove the mobile home and all of Tenant's personal property, including without limitation the unit, deck, porch, shed, gazebo, etc., within 30 days the County shall have the right to remove the mobile home and other personal property from the Licensed Property. Tenant grants the County a lien upon said personal property for the actual and reasonable costs of removal, storage and disposal. 3) License Fee. Provided Tenant performs all terms and conditions of this License Agreement, Tenant shall not be required to pay a license fee. 1 Page 273 of 439 4) Tenant's Duties. Tenant shall: a. Park his marked IRCSO assigned vehicle at the Licensed Property when not on duty. b. Respond and report incidents at the Campground and Dale Wimbrow Park (collectively referred to as the "Parks") while at home at the Licensed Property. c. Daily patrol through the Campground in the assigned marked IRCSO unit once in the daylight hours and once between the hours of 7pm to l Opm. d. Report to the Parks and Recreation Director or his designee any incidents and unsafe conditions observed at the Parks. e. Use the Licensed Property as his primary single-family residence and reside in no other place. f. Maintain the single-family residence in a safe and attractive condition. g. Arrange and pay for (including deposits, if any) electricity, telephone, cable television, etc. h. Commit no act or omission that would result in waste, damage or destruction to any portion ofthe Licensed Property or the Campground. i. Commit no act or omission that would result in a mortgage, encumbrance, lien or other right, title or interest in the Licensed Property being acquired by any third party. j. Commit no act or omission that would constitute a violation of any applicable local, state or federal law, or a nuisance or annoyance to surrounding properties or owners or occupants of surrounding properties. k. Advise the County immediately of any security issues, damage to the Licensed Property, or any other events or conditions which could result in damage to the Licensed Property, liability to County, or any other such adverse impact to the Licensed Property or to County. 1. If Tenant elects to sell on-site mobile home unit and associated personal property, notify County prior to commencing any sale activities and prior to such sale, obtain County's approval of a license with the purchasing party. 5) County's Duties. County shall: a. Commit no act or omission, which would constitute a violation of any applicable local, state or federal law. 2 Page 274 of 439 b. Provide and pay the costs of the water and sewer services supplied to the Licensed Premises. 6) Improvements. Tenant shall make no alterations or improvements to the Licensed Property without the express written approval of County, which may be withheld in the sole and absolute discretion of County. This paragraph does not include improvement to his mobile home residence. 7) Condition of the Licensed Premises. The Licensed Property is in "as is" condition without warranty or representation as to its condition. Tenant has examined the Licensed Property and agrees that the Licensed Property is acceptable and suitable for Tenant use. 8) Insurance. a. Tenant shall have a comprehensive general liability insurance policy with respect to the Licensed Property, in the minimum amounts of $100,000 per person and $200,000 per incident, which policy shall name County as an additional insured. Prior to occupancy, Tenant shall provide County a certificate of insurance confirming that such policy has been obtained and is in full force and effect, and confirming that such policy will not be cancelled without thirty (30) days prior written notice to County. Such policy shall be primary to any liability insurance obtained by County with respect to the License Property. b. Tenant shall maintain property insurance for mobile home and personal property situated upon said County property to include all perils coverage such as, but not limited to fire, wind, named storms and other hazards. 9) Indemnification. Tenant shall defend, hold harmless and indemnify County, including its commissioners, officers, employees and agents, from and against any and all claims, causes of action, losses, damages, expenses (including reasonable attorney's fees), and other liabilities of any type whatsoever, arising out of or relating to Tenant negligence, intentional misconduct, or violation of this License Agreement or applicable law. 10)Termination. Notwithstanding any other provision herein, either party may terminate this License Agreement upon sixty (60) days written notice to the other; provided, however, that in the event that County determines in its sole and absolute discretion that Tenant's continued occupation of the Licensed Property could present a risk of damage or harm to the License Property or persons on the License Property (including, without limitation, Tenant), a risk of liability to County, or otherwise would not be in the best interests of the County, County shall have the right to terminate this License Agreement immediately upon such shorter written notice as County determines in its sole and absolute discretion is appropriate under the circumstances. Tenant is responsible to remove all personal property (mobile home and garage) within sixty (60) days of the termination of this License Agreement. 11) Default. In the event of default, the non -defaulting party shall be entitled to all remedies at law or in equity. 3 Page 275 of 439 11) Assignment of License. Tenant may not assign this License Agreement without the written permission of the County. Any request to assign this License Agreement must be made in writing to: Director Indian River County Parks and Recreation 1590 9" Street SW Vero Beach, FL 32962 TENANT By: L Printed Na Witness: INDIAN RIVER COUNTY BOARD OF COUNTY CO] , Chairman approved: June 8, 2021 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller (a LT ILI kl ()d By: Deputy Clerk Approved as to form and legal sufficiency: Dylan Reingold County Attorney 4 Page 276 of 439 LICENSE AGREEMENT THIS LICENSE AGREEMENT ("License Agreement") is: entered into as of this day of 2026, by and between Indian River County, a political subdivision of the State of Florida, 180127th Street, Vero Beach, FL 32960 ("County"), and Ernesto Macias, a resident of Indian River County, Florida, Vero Beach, FL, 32960, ("Licensee"), as follows: WHEREAS, the County owns and operates the Donald MacDonald Campground ("Campground"), and WHEREAS, Licensee is a Deputy Sheriff with the Indian River County Sheriff s Office ("IRCSO"); and WHEREAS, the County seeks to have the presence of a law enforcement officer to provide security for the Donald MacDonald Campground during non -work hours of the County's Parks and Recreation employees, to promote the safe and orderly enjoyment of Donald MacDonald Campground. WHEREAS, the prior license for the agreement has expired. The Parties desire to enter into this new License Agreement. NOW, THEREFORE, for the mutual promises contained herein and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the.County and Licensee ("the Parties") agree to the terms and conditions set forth in this License Agreement. 1) License. County grants to Licensee a license to use and occupy the real property which property includes land that is approximately 11,892A2 in size (Exhibit A) with utility connections ("Licensed Property"). The legal description of the Licensed property is as follows: BEING A PARCEL OF LAND SITUATED AND LYING IN A PORTION OF SECTION 22 OF THE FLEMING GRANT, SAID PARCEL ALSO BEING A PORTION OF LOT'S 77 AND 82 OF THE PLAT SHOWING THE SUBDIVISION OF THE FLEMING GRANT; AS RECORDED IN BREVARD PLAT BOOK 1, PAGE 175. OF THE PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTHEAST CORNER OF LOT: 82 (SAID POINT ALSO BEING THE SOUTHEASTERLY CORNER OF LOT 77) OF SAID FLEMING GRANT, AS RECORDED IN BREVARD PLAT BOOK 1, PAGE 175; THENCE SOUTH 45°:17'17" WEST, ALONG THE NORTHERLY LINE OF SAID LOT 82 (SAID LINE ALSO BEING THE .SOUTHERLY LINE OF SAID LOT 77) A DISTANCE OF 170.25 FEET TO: THE POINT OF BEGINNING OF THE FOLLOWING DESCRIBED PARCEL: THENCE DEPARTING SAID NORTHERLY LINE (AND SAID SOUTHERLY LINE), NORTH 87057'51" EAST, A DISTANCE OF 92.71 FEET; THENCE SOUTH 02°01'04": EAST, A DISTANCE OF 108.08 FEET; THENCE SOUTH 87°5T51" WEST, A DISTANCE OF 101.79_ FEET, THENCE NORTH 08°41'31" WEST, A DISTANCE OF 90.60 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 82 (SOUTHERLY LINE OF SAID LOT 77): THENCE CONTINUE NORTH 08Q41'31" WEST, A DISTANCE OF 18.21 FEET; THENCE NORTH 87°5T51" EAST, A DISTANCE OF 21.73 FEET TO A POINT ON THE NORTHERLY LINE OF SAID LOT 82 (SOUTHERLY LINE OF SAID LOT 77) AND THE POINT OF BEGINNING. Page 277 of 439 Specifically, Licensee is authorized to install and occupy a modular home on the Licensed Property and use the Licensed Property solely as a single-family residence for Licensee and his family, and for no other purpose. 2) Term. The term of this License Agreement shall be two (2) years from the date of approval of this License Agreement by the Indian River County Board of County Commissioners. The term shall be subject to renewal for two (2) additional two (2) year terms, upon the mutual agreement of both Parties. The two renewals may be authorized by the County Administrator or his designee if it is in the best interest of the County. 3) License Fee. Provided Licensee performs all terms and conditions of this License Agreement, Licensee shall not be required to pay a license fee. 4) Licensee's Duties. Licensee shall: a. Park a marked IRCSO assigned vehicle in a visible location at the Licensed Property or campground when not on duty. b. Have no more than two personal vehicles residing on Licensed Property. c. Perform routine patrols and security functions within Donald MacDonald Campground to deter unauthorized activities such as trespassing, vandalism, etc. for a minimum of 10 hours per week. d. Drive through campground at least one time daily in marked IRCSO vehicle. e. Respond to and report incidents at the Donald MacDonald Campground while at home at the Licensed Property and coordinate with the Indian River County Sheriff's Office as needed. f. Report any incidents and unsafe conditions observed at the Campground to the Parks and Recreation Director or designee including any security issues, damage to the Licensed Property, or any other events or conditions which could result in damage to the Licensed Property. Licensee shall also complete and file an incident report. g. Use the Licensed Property as his primary single-family residence and reside in no other place and maintain the single-family residence in a safe and attractive condition. h. Pets must be approved by County, in writing, prior to being allowed on the Licensed Property. i. Arrange and pay for (including deposits, if any) electricity, telephone, cable television, etc. j. Maintain accurate records of hours worked and tasks completed and provide log to the County at the conclusion of each month via email or hand -delivery. k. Assist with upkeep, maintenance, and minor repairs of the County -owned land. 1. Comply with all County policies and procedures and commit no act or omission that would result in waste, damage or destruction to any portion of the Licensed Property. m. Commit no act or omission that would result in a mortgage, encumbrance, lien or other right, title or interest in the Licensed Property being acquired by any third party. n. Commit no act or omission that would constitute a violation of any applicable local, state or federal law, or a nuisance or annoyance to surrounding properties or owners or occupants of surrounding properties. Page 278 of 439 o. Be present for a scheduled annual inspection of the property and any scheduled maintenance. Make repairs at the Licensee's own expense and to the County's satisfaction for any damages detected during an annual inspection. p. Notify the County prior to any extended absences (in excess of three days) from the residence. q. Remain the primary Licensee of the property. No sublease of the property is permitted without prior written consent from the County. r. Be responsible for all regular lawn maintenance and keep the grounds well maintained and free of debris. s. Keep the exterior home in a clean and welcoming manner, free of clutter and debris. t. Bring property back into compliance with. this agreement within seven days of being notified by the County. u. There shall be no storage of any commercial, recreational vehicles, or trailers on the premises. v. There shall be no installation or construction of any. structures without prior written approval by the County. This includes pools, spas, trampolines, etc. w. There shall be no storage of materials within the grounds without written approval from the County. 5) County's Duties. County shall: a. Commit no act or omission, which would constitute a violation of any applicable local, state or federal law. b. Provide and pay the costs of the water and sewer services supplied to Licensed Premises. 6) Condition of the Licensed Premises. The Licensed Property is in "as is" condition without warranty or representation as to its condition. Licensee has examined the Licensed Property and agrees that the Licensed Property is acceptable and suitable for Licensee use. 7) Insurance. a. Licensee shall hold a comprehensive general liability insurance policy with respect to the Licensed Property, in the minimum amounts of $100,00 per incident, which policy shall name County as an additional insured. Prior to occupancy, Licensee shall provide County a certificate of insurance confirming that such policy has been obtained and is in full force and effect, and confirming that such policy will not be cancelled without thirty (30) days prior written notice to County. Such policy shall be primary to any liability insurance obtained by County with respect to the License Property. b. Licensee shall maintain property insurance for mobile home and personal property situated upon said County property to include all perils coverage such as, but not limited to fire, wind, named storms and other hazards. c. Licensee shall obtain and keep in force Auto Liability Insurance for all personal vehicles parked at the Licensed Property. 8) Indemnification. Licensee shall defend, hold harmless and indemnify County, including its commissioners, officers, employees and agents, from and against any and all claims, causes of action, losses, Page 279 of 439 damages, expenses (including reasonable attorney's fees), and other liabilities of any type whatsoever, arising out of or relating to Licensee negligence, intentional misconduct, or violation: of this License Agreement or Applicable law. 9) Termination. Notwithstanding any other provision herein, either party, may terminate this License Agreement upon sixty (60) days written notice to the other.; provided, however, that in the event that County determines in its sole and absolute discretion that Licensee's continued occupation of the Licensed. Property could present a risk of damage or harm to the License Property or persons on the License Property (including, without limitation, Licensee), a risk of liability to County, or otherwise would not be in the best: interests of the County, County shall have the right to terminate this License Agreement immediately upon such shorter written notice as County determines in its sole :and absolute discretion is appropriate under the circumstances. Licensee is responsible to remove all personal property within sixty (60) days of the termination of this License Agreement. 10) Default. In the event of default, the non -defaulting party shall be entitled to all remedies at law or in equity. 11) Assignment of License. Licensee may not assign this License Agreement without the written permission of the County. Any request to assign this License Agreement must be made in writing to: Parks Superintendent Indian River County Parks, Recreation and Conservation 5500 77d, Street Vero Beach, FL 32967 SbarakoA,indianriver.gov 772-226-1883 IN WITNESS WHEREOF, this License Agreement is executed by the authorized representatives of the parties, as of the day and year first above written. LICENSEE: BOARD: OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: By: By: Deputy Ernesto Macias Deryl Loar, Chairman Approved by:BCC: , 2026. ATTEST: By: Approved as to form aW:legal sufficiency: Ryan L. Butler, Clerk of Court and Comptroller Christopher-A.,Hicks, Asst. County Attorney By: John A. Titkanich, Jr., County Administrator Page 280 o- 439 \ 32-79-23-OOM4-0000-011110A ALAN AND PENNY 90 \ 1271 LEIONC0. LAZE 8N ... / .. .. .. .. . 0..& R7t00, PG 2036 / 53• FLEMING GRANT\c -----� - �A g PEENING GRANT LOT 77 \� LOT 76 30-38-22-00001-0010-00000.0 O N315N RIVEROf\ it 12315 ROSELWD ROAD �j / o f N Not to Scale N3r5 21, NOW41'31 "W 18.21' 9 119 This IS not a Boundary D Point of Commeflcrnent FLEMING GRANTj I r NORTHEASTERLY COINER OF LOT tx " LOT 63 a 1 m CORNER SOUTHEASTERLY COR LOT 77 30-35-22-OODDI-0010-OOOOD.0 I OF THE PLAT SHOVANG THE SUMVISION INDIAN RIVER COUNTY OF THE FLEMING GRANT 12315 ROSEIAND ROAD PLAT BOOK BREVARD 1. PAGE 175 - ti� / a. ,., n %p o/. c Donald MacDonald,` ph Poi/ PARK AND CAMPGROUND " coy $ I O FLEMING GRANT `\ LOT 82 I SY 53' 5 -22 -DRIVER COUNTY 000.0 ---- --� INDIAN RIVER COUNTY --------- 12115 ROSELAtO ROADN. \ f C Fleming Grant m BOOK BREVARD 1. PAGE 175) \ DEPARTMENTOFPURLICWORKS R.INGLETT NIA License Agreement 2 ,X —RL DFVISIOm}t� i,,,, -,.o„ 0_ SKTYO4-r,�NIA B.j I Fleming Grant 2 Page 281 of 439 qk Indian River Indian River County Administration Complex County, Florida 180127th Street Vero Beach, Florida 32960 Indian River County Website Memorandum File ID: Type: Meeting Date: 2026-601 Consent Agenda April 21, 2026 To: Board of County Commissioners Through: John Titkanich Jr., County Administrator Sean Lieske, Utilities Director Howard Richards, Manager - Capital Projects From: Jesse Roland Date: 04/08/2026 Subject: Award of RFQ 2025043 to Amici Engineering Contractors LLC for Progressive Design Build Services for Hobart Landing Septic -to -Sewer Project, IRCDUS Project ID 21.24.508 Background: The Hobart Landing residential community consists of approximately 54 homes in the unincorporated area of Indian River County. These homes are located in the Central Indian River Lagoon (Central IRL) basin management action plan (BMAP) area, and they are currently using individual septic systems: These septic systems potentially leach harmful nutrient loads into the groundwater connecting to the Central IRL, which is considered an impaired watershed. The conversions will reduce the nutrient loading, improve water quality, and promote seagrass growth in the IRL. Implementation of the Hobart Landing Septic -to -Sewer (S2S) Project, IRCDUS Project ID 21.24.508, will ultimately result in restoration efforts of water quality to the Central IRL by reducing an estimated 1,400 pounds per year (lbs./year) of total nitrogen. The S2S. conversions will collect and route the wastewater from this community to the County system for reclamation at a regional wastewater facility that is operated by IRCDUS. The construction of public sewer infrastructure for these homes will allow for future expansion of the County's sanitary sewer system. In compliance with Florida Statute (FS) 287.055, and on behalf of IRCDUS, the Procurement Division issued request for qualifications (REQ) 2025043 on June 20, 2025, for Progressive Design -Build (PDB) Services for the Hobart Landing S2S Project; to identify qualified design - build teams (DBT) to design and construct the Project. To offset costs for the Project, IRCDUS submitted a Florida Department of Environmental Protection (FDEP) Water Protection grant application for the Hobart Landing S2S project and Page 282 of 439 was awarded $3,300,000.00 under Agreement No. LGO10. The agreement is proposed to be approved by the Indian River County Board of County Commissioners (BCC) on April 21, 2026 Analysis: The PDB project delivery model was selected as a more efficient model over the traditional design -bid -build (DBB) model. Efficiency stems from a single procurement of the engineer - architect and contractor as one team working collaboratively with the owner to meet objectives for the project. PDB will streamline the timeline to design and construct the project and ensure cohesion across the phases. Lastly, projects undergoing a PDB model are implemented in two (2) phases: Phase 1 Pre -Construction where the design progresses in a collaborative manner while developing an "open book" cost model, leading to an agreed upon contract price for Phase 2 Final Design and Construction. Through negotiation, the contract price is implemented in Phase 2 as either a guaranteed maximum price (GMP) or lump sum (LSA). The following statements of qualifications (SOQs) were received on August 1, 2025 for RFQ 2025043: • Amici Engineering Contractors, LLC (Amici) / Chen Moore and Associates, Inc. (CMA) • Quality Enterprises USA, Inc. (QE) / GradyMinor & Associates, LLC. (GradyMinor) A selection committee comprising Howard Richards, Utilities Capital Projects Manager, Sean Lieske, Utilities Director, and Jesse Roland, Utilities Project Manager independently reviewed and scored each SOQ in compliance with FS 287.055 and the instructions and criteria established in the RFQ and scored the team of Amici/CMA as the top ranked DBT. Staff from IRCDUS and Procurement held meetings with the Amici/CMA team to negotiate the required scope of services, consulting fees, and agreement for Phase 1 of the Project. The outcomes of the negotiations are incorporated into the attached Design -Build Contract comprising of the Part 1 Contract between Indian River County and Amici Engineering Contractors LLC. The proposed cost for Phase 1 is a maximum amount not to exceed $952,283.50, which includes all labor and material for project management, design, permitting, community outreach, and cost models. The anticipated schedule for Phase 1 services is approximately twelve (12) months. Budgetary Impact: Expenses, in the amount of $952,283.50, for this project will be recorded in the Utilities/WIP/Hobart Landing S2S account, number 471-169000-24508. Since this is an operating capital project, the funds will come from fund balance.. Operating funds are derived from water and sewer sales. Previous Board Actions: None noted. Potential Future Board Actions: Approval of the Florida Department of Environmental Protection (FDEP) Water Protection grant Page 283 of 439 application for the Hobart Landing S2S project in the amount of $3,300,000.00 under Agreement No. LGO10. After the completion of Phase 1 Pre -construction services by Amici, IRCDUS will return to the BCC to seek approval for an amendment of the agreement to add Phase 2 Final Design and Construction services. Strategic Plan Alignment: Infrastructure: Planning, constructing, managing, and maintaining critical public infrastructure. in response to our current needs, future demands, and the expectations of.our community; embracing innovation, technology, and resiliency.. Other Plan Alignment: Environment: Advancing responsible environmental. stewardship by protecting,: conserving; and managing natural resources, and by fostering environmental awareness. Staff Recommendation: Staff recommends that the Indian River County Board of County Commissioners approve the agreement for award of RFQ 2025043 to Amici Engineering Contractors LLC, for Progressive Design -Build Services for Hobart Landing Septic -2 -Sewer Project, IRCDUS Project ID 21.24.508, in the amount of $952,283.50, and authorize the chair to execute it subject to review and approval by the County Attorney or Assistant County Attorney as to form. So long as there are no exceedance in the dollar amount under the agreement and upon adequate completion of the work set forth, staff is directed to make final payment and release any retainage to Amici Engineering Contractors LLC. Attachments: 1. Amici Anti -Human Trafficking Affidavit 2. Amici—Phase-1 Proposal 3. Amici -IRC Final Agreement -Phase I Page 284 of 439 Anti -Human Trafficking Affidavit (required in every executed, renewed or extended contract) The undersigned, on behalf of the entity listed below, in accordance with Florida Statute 787.o6(13) hereby attests under penalty of perjury that the entity does not use coercion for labor or services. As defined in F.S. 787.o6(13): "Coercion" means: 1. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening to restrain, isolate, or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt, if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt, the length and nature of the labor or services are not respectively limited and defined; 4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual or purported passport, visa, or other immigration document, or any other actual or purported government identification document, of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit; or 7. Providing a controlled substance as outlined in Schedule I or Schedule II of s. 893.03 to any person for. the purpose of exploitation of that person. "Labor" means work of economic or financial value. "Services" means any act committed at the behest of, under the supervision of, or for the benefit of another. The term includes, but is not limited to, forced marriage, servitude, or the removal of organs. lzz� ez�_ Signatu;/arreneche Juan Printed Name Managing Member Title Amici Engineering Contractors, LLC Entity Name Date: 8/01/2025 ANMICIIndian River County - RFSe2vices i�� �% jGINEERING Progressive Design -Build Services for 1 l ! 8-10 CONTRACTORS Hobart Landing SeptProject ID: 21.2 -Project chemmoore and associates IRCDUS Project ID: 21.24.508 Page 285 of 439 AILAMICI ENGINEERING CONTRACTORS April 3, 2026 Indian River County, FL 1800 27th Street Vero Beach, FL 32960 Attention: Jennifer L. Hyde, NIGP-CPP, CPPD, FCCN, FCCM Procurement Manager Subject: Hobart Landing Septic to Sewer Phase 1 Pre -Construction Proposal Dear Ms. Hyde: Amici Engineering Contractors is pleased to submit the attached Scope of Services to provide Phase 1 pre -construction services for the Hobart Landing Septic to Sewer project for Indian River County (IRC). PURPOSE The Hobart Landing neighborhood consists of 57 homes that are currently on septic tanks. IRC wishes to connect these homes to the centralized sewer system. See Figure 1 for the project area. The work will be performed through a progressive design build (PDB) delivery model. The Owner is Indian River County (IRC) The DESIGN -BUILD CONTRACTOR is Amici Engineering Construction LLC. (Amici) The DESIGNER is Chen Moore and Associates, Inc. (CMA) The DESIGN -BUILD TEAM consist of Amici, CMA, and their subconsultants, as noted. SCOPE OF SERVICES TASK 1 — FIELD INVESTIGATIONS 1.1 Topographic Survey: DESIGN -BUILD TEAM shall utilize Masteller, Moler & Taylor, Inc., a licensed surveyor, to perform a topographic survey within the project limits. Survey will extend 50 - feet outside of the intersections and 10 -feet beyond the right-of-way. Licensed surveyor shall establish a control traverse and bench marks (North American Vertical Datum of 1988) at sufficient intervals to support the topographic survey to be utilized on the design plans. Locate all above ground features within the right-of-way of the existing roads according to the following schedule, including pavement, paved swales, sidewalks, fences, light poles, handrails, storm manholes, catch basins, electric boxes, handholes, curbs, valve boxes, sanitary sewer manholes, driveway types, edges and corners, trees, overhanging trees in the right-of-way, meter boxes, centerline and crown of the roads, irrigation systems, fire hydrants and valves, overhead utilities. Locate underground features of sanitary manholes, storm manholes, and catch basins. Spot grades will be obtained on a 100 -foot grid. This will not constitute a boundary or right-of-way survey as defined in the Minimum Technical Standards for Land Surveying and Mapping. 1 of 10 Page 286 of 439 �klLAMICI ENGINEERING CONTRACTORS 1.1.1 Easements: Surveyor will provide sketch and legal description for 32 properties within the project area that front on private roads. 1.1.2 Title Search: Surveyor will provide title searches for 32 properties within the project area that front on private roads. 1.2 Subsurface Utility Exploration: DESIGN -BUILD TEAM shall utilize Inframap, a subsurface utility engineering (SUE) firm, for the performance of up to fifteen (15) utility test holes to locate any existing underground utilities within the project limits. SUE firm shall provide equipment and labor, or the services of a qualified subconsultant, for exploratory subsurface test holes ("soft digs") for certain existing underground utilities as determined by the DESIGNER. It is assumed that soft digs will be performed outside of pavement owned by Florida Department of Transportation. SUE firm will provide locates for septic tanks on each property. 1.3 Field Verification: DESIGN -BUILD TEAM shall conduct field visits to assess the existing conditions of the project area. DESIGNER's arborist shall perform one (1) field visit to assess the vegetation in the project area and assist the DESIGNER in understanding the impacts to this vegetation with the design. 1.4 Geotechnical Testing: DESIGN -BUILD TEAM shall utilize KSM, a geotechnical engineer licensed in the State of Florida, to perform twelve (12) Standard Penetration Test (SPT) borings in general accordance with ASTM D-1586 specifications. Ten (10) SPT's will be performed to a depth of 20 - feet and two (2) SPT will be performed to a depth of 30 -feet. KSM will provide an engineering report including a description of the findings for support of the proposed construction. In order to provide information concerning the engineering properties of the soils encountered, it is anticipated that tests may be performed to determine natural water content, organic content, and sieve analysis on representative soil samples collected from the field. The engineering report will include graphic logs of the test borings and a test boring location plan. It is assumed the site is accessible to truck mounted drilling equipment. TASK 2 — SYSTEMS ALTERNATIVE ANALYSIS The DESIGN -BUILD TEAM shall conduct a system alternative analysis and Basis of Design Report (BODR) to present the design considerations for IRC evaluation. The following items will be components of the BODR: • Conceptual designs of septic -to -sewer conversions. It is anticipated that five (5) options will be evaluated: (1) gravity sewer, (2) low pressure sewer, (3) vacuum sewer, (4) a Septic Tank Effluent Pumping (STEP) system, and (4) a hybrid of two of these options. • DESIGNER will provide quantities to CONTRACTOR for their use in developing cost estimates. • Hydraulic analysis will be performed for each option. • Description of regulatory criteria. • Cost benefit analysis to include life cycle costs for each option as well as capital construction costs. • A risk register will be developed to document the risks associated with the project for each of the five (5) sewer conversion options. This will include the following for each identified risk: 2of10 Page 287 of 439 AILAMICI ENGINEERING CONTRACTORS o Likelihood o Impact, including, but not limited to, budget, schedule, quality, quantity o Resolution o Action Items The DESIGN -BUILD TEAM will summarize the efforts in a draft BODR. DESIGN -BUILD TEAM will conduct one (1) review meeting with IRC and incorporate comments into a final BODR. The final BODR will include a chosen sewer alternative for the project that is agreed upon by the DESIGN -BUILD team and IRC. The documents will be submitted 14 calendar days prior to the meeting to allow IRC time to review and assemble their comments. TASK 3 — 60% DESIGN SUBMITTAL 3.1 Plans: DESIGN -BUILD TEAM will prepare and submit design drawings to IRC for review. The drawings will consist of the existing conditions including survey information, preliminary design with profiles, and construction details. 3.2 Cost Estimate: In addition to budgetary estimates for the system alternative analysis phase, DESIGN -BUILD TEAM shall develop an estimate of the probable Phase 2 costs which will reflect the proposed improvements included within the 60% design plans and at further phases as outlined below. 3.3 Risk Register: DESIGN -BUILD TEAM will update the risk register to reflect the advancements in the design. 3.4 Progress Meeting: DESIGN -BUILD TEAM will attend one review meeting with IRC to discuss the 60% plans and obtain any review comments. The documents will be submitted 14 calendar days prior to the meeting to allow IRC time to review and assemble their comments. TASK 4 — 90% DESIGN PLANS 4.1 Plans: DESIGN -BUILD TEAM shall prepare a 90% design submittal, which will include the plans for the proposed utility design. Plans shall include results of soft dig information and utility crossings, existing conditions, pipeline design with profiles, stormwater pollution prevention, and construction details. The 90% design submittal will incorporate comments from IRC on the 60% design. 4.2 Cost Estimate: DESIGN -BUILD TEAM shall develop an estimate of the probable Phase 2 costs which will reflect the proposed improvements included within the 90% design plans and in order to finalize a GMP Negotiated Price with IRC. 4.3 Risk Register: DESIGN -BUILD TEAM will update the risk register to reflect the advancements in the design. 3of10 Page 288 of 439 AIL AMICI ENGINEERING CONTRACTORS 4.4 Progress Meeting: DESIGN -BUILD TEAM will attend up one progress meeting with the IRC to discuss the 90% plan submittal and any review comments. GMP Development is expected at this phase and as further outlined in Task 6. The documents will be submitted 14 calendar days prior to the meeting to allow IRC time to review and assemble their comments. TASK 5 - PERMITTING The DESIGN -BUILD TEAM shall prepare applications for permits to construct the sewer mains for submittal to the following agencies: • Florida Department of Environmental Protection Wastewater Permit • IRC Right -of -Way Permit • Florida Department of Transportation — Utility Permit • St. Johns River Water Management District — Water Use Permit (short term dewatering) The DESIGNER will be the Engineer of Record for the project including permit submittals and certifications. The DESIGN -BUILD TEAM will provide the required permit fees, with reimbursement by IRC as a pass- through cost. Responses to requests for additional information from Regulatory Agencies, including drawing updates where required, are included in the DESIGN -BUILD TEAM's fee. The DESIGN -BUILD TEAM shall coordinate with permitting agencies for requirements of construction, permit review schedule and project construction schedule. TASK 6 — GMP DEVELOPMENT 6.1 DESIGN -BUILD TEAM shall develop the cost model and progressive updates to reach agreement on the GMP. Terms for payment of the GMP and/or lump sum proposal will be determined and agreed to once all risks have been analyzed and a level of comfort with scopes and costs can be agreed to by both parties. The GMP Proposal deliverables include quantity estimation, scheduling, assumptions, and updates to the final Phase 1 risk register, which will have costs allocated to each risk item. Any further costs necessary to reach 100% construction plan set will be incorporated into the GMP cost proposal and completed within Phase 2 of the Contract upon agreement. Early Work Packages will be considered as a separate GMP Negotiation to allow the Team to begin procurement on long lead Construction Tasks and limit extended construction impacts. TASK 7 — PUBLIC INFORMATION DESIGN -BUILD TEAM shall coordinate with IRC Consultant for Public Outreach tasks. DESIGN -BUILD TEAM shall assist the Public Outreach efforts by providing the following: • Graphics and exhibits for public distribution • Review of project mailers 4of10 Page 289 of 439 AMICI ENGINEERING CONTRACTORS • Review of project fact sheets • Review and input for Frequently Asked Questions sheet • Graphics for septic tank and proposed service location forms • Input of the results of the above item into the design drawings • Attendance at three (3) public meetings — one (1) at project commencement, one (1) following Task 2 Systems Alternative Analysis, and one (1) following Task 5 Permitting. TASK 8 — GRANT ASSISTANCE DESIGN -BUILD TEAM shall assist with documentation required for grant assistance during the Phase 1 pre -construction efforts. It is expected that the following activities will be performed: • Call or meeting with grantor to coordinate requirements for this project • Coordination with IRC and filling out applications, responding to RAls, providing exhibits, progress reports, etc. for submission to the grant agencies • Investigation into supplementary grants that may be available for the project. TASK 9 — REIMBURSABLES Reimbursables such as mileage and prints will be billed at cost. Mileage will be billed according to the current IRC Travel rate. Prints will be billed per subcontractor invoice. TASK 10 — PUMP STATION DESIGN AND PERMITTING Task 2 will determine what type of sewer system will be selected for this project, including what type, if any, pump station is required. This task assumes a submersible lift station will be needed. If a vacuum pump station is selected instead, the complexity of the pump station exceeds the estimated amount, Task 10.4 will be utilized and an addendum will be prepared to reflect the change in scope, fee and schedule. If no pump station is required, this task will not be billed. 10.1 60% Pump Station Design station. This shall include: • Site plan • Hydraulic profile • Process mechanical • Electrical • SCADA • Utility connections • Vehicle routing • Landscape plan • Irrigation plan • Structural DESIGN -BUILD TEAM shall prepare a 60% design for the pump DESIGN -BUILD TEAM will update the risk register and cost estimate. One (1) progress meeting is included for the DESIGN -BUILD TEAM (this does not include subconsultants). 5of10 Page 290 of 439 10.2 90% Pump Station Design: DESIGN -BUILD TEAM shall prepare 90% design for the pump station to include further construction details and incorporate comments from IRC. 10.3 Pump Station Permitting: DESIGN -BUILD TEAM will submit permit applications for the pump station to the following agencies: • Florida Department of Environmental Protection Wastewater Permit • IRC Planning and Development Services site plan approval • IRC Building Division pre -construction review 10.4 VACUUM PUMP STATION ADDITIONAL SERVICES If a vacuum pump station is required, Tasks 10.1-10.3 will be utilized with the addition of Task 10.4 items below. Task 10.4 represents the design scope items for which additional effort will be required for a vacuum pump station compared to a submersible lift station. • Site plan • Process flow diagrams • Hydraulic profile • Process mechanical • Stormwater pollution prevention plan • Paving, grading and drainage • Electrical • SCADA • Utility connections • Vehicle routing • Landscape plan • Irrigation plan • Plumbing • HVAC • Structural (Building) • Architectural floor plan, door and window schedules, ceiling plan, roof plan, exterior elevations, building and wall sections, finish schedule and details The DESIGN -BUILD TEAM, or their subconsultant, will be the Engineer of Record for the project including permit submittals and certifications. The Contractor will provide the required permit fees. Responses to requests for additional information from Regulatory Agencies, including drawing updates where required, are included in the DESIGN -BUILD TEAM's fee. The DESIGN -BUILD TEAM shall coordinate with permitting agencies for requirements of construction, permit review schedule and project construction schedule. Re -zoning and public hearings are not included in the site plan approval process. 6of10 Page 291 of 439 AILAMICI ENGINEERING CONTRACTORS TASK 11 — PROJECT MANAGEMENT DESIGN -BUILD team shall provide project management including contract administration, quality assurance/quality control (QA/QC), schedule control, budget control, and coordination with subcontractors and IRC. Contract administration will include monitoring project progress, managing resources to meet schedule, budget and quality, and maintaining communication with IRC staff. For QA/QC, the DESIGN -BUILD team will conduct internal reviews of deliverables at each milestone to ensure compliance with contract requirements before submission. DESIGN -BUILD team will set up a document management system for the project. The system will have functionality for file exchanges from the DESIGN -BUILD team and IRC and will serve as the records for all submittals, review comments, and other relevant documents. DEVELOPMENT OF OPEN BOOK COST MODEL AND COMMERCIAL PROPOSAL Amici's general approach to our open book cost model will be to develop a proposal while providing full transparency of assumptions and risks related in the cost buildup that is aligned to the work breakdown structure. The risk register is developed by the Design -Build Team with input from IRC and lists all potential impacts to costs and/or schedule, monetized, and weighted. Each potential cost then has a mitigation strategy to help reach Phase 2 contract price proposal. The cost remains "open" through the entire process until we agree to "close" it (if that turns out to be the case) by settling on a lump sum. To track the costs and risks we plan to utilize a template similar to the templates provided in the Water and Wastewater Collaborative Delivery Handbook (6th Ed.). The two templates attached (Exhibit C) mimic those proposed in this Handbook. Our Detailed Cost Estimate Template mimics the one depicted on Figure 9-08- 01 and will outline the specific components of work with quantities and breakdowns of cost for each that are used in developing the total cost for each alternative. The summary page mimics the one depicted in Figure 9-08-02, where the summaries of cost for each category of work are summarized. Depending on the on the final system to be designed and installed after the initial System Alternative Analysis described in Task 2 above, more refined cost -estimates with more precise take -offs and additional cost items will be considered and added to the breakdown of cost as the design progresses through each phase. Self -Performed Work. Amici will self -perform all open -cut work, dewatering system installation and maintenance, temporary roadway restoration, sod restoration, MOT setup and flagging operation if needed, testing and start-ups, management of the overall project, supervision of all Amici forces and subcontractors, procurement and handling of all materials. Subcontracted work includes design, permitting, final asphalt installation, MOT device plan development,. MOT devices, directional drilling, tree removal or replacements, electrical improvements, concrete replacement, and surveying. Amici proposes to utilize a single Design -Builder Fee to be applied to all Self -Performed, Subcontracted Work, and all Indirect Costs, broken down as follows: 7of10 Page 292 of 439 AILAMICI ENGINEERING CONTRACTORS Mark-Up on all Direct Costs = 20.0% All Direct Costs include construction labor, permanent materials (e.g., concrete and rebar), installed equipment, construction equipment, and trade contracts needed to build the project, as well as the collaborative delivery firm's general conditions costs (field management, supervision, and other field overhead costs needed to manage the project) and its contingency. Overhead Fee = 10.0% Applied on Total of Direct Costs to cover the following costs: Home Office Overhead Costs such as Office Expenses, Administrative Salaries, Equipment Depreciation, Insurance & Maintenance, Marketing & Legal Fees, Technology & Software Pass-through Items will have no fee applied These include permit fees, bond charges, sales tax, allowances (having fees built in) Utilization of Contingency Funds for the Risk Components will have fees applied proportionally to the components of work outlined above within each risk. A breakdown per risk will be detailed and agreed upon in advance. In order to simplify the administration and payment for this contract, we propose that these costs, including all fees be converted into a Schedule of Values for Billing to allow for a simplify measurement, quantification and billing of major components of work on a % of complete basis. The rates proposed above are preliminary and require further negotiation and agreement with IRC at a later stage when components of work are further defined. Owner and DBT will negotiate in good faith to reach agreement on a Design -Builder Fee to be incorporated into the Phase 2 Contract. Assumptions • Soft digs will be performed outside of pavement owned by Florida Department of Transportation. SUE firm will provide locates for septic tanks on each property. • Site is accessible to truck mounted drilling equipment for geotechnical testing. • IRC shall provide information on existing utilities they own for the project connection and within the project area. Tie-in pressure for the sewer system shall be provided by IRC through their existing hydraulic model. Field testing for actual pipeline pressure is not included. • Hydraulic analysis is limited to the project area. Hydraulic analysis for connection pipe, or any other points in the system, is not included. • Materials testing for construction phase is not included. • Construction services are not included in this phase. It is anticipated that this will be included in a future authorization. • 100% construction documents are anticipated to be prepared in Phase 2,and therefore are not included in this phase. • Re -zoning and public hearings are not included in the site plan approval process for the pump station. • It is assumed that permits will be obtained within 30 days of submission. Agency review times outside of this duration will extend the project schedule. 8of10 Page 293 of 439 AILAMICI ENGINEERING CONTRACTORS DELIVERABLES DESIGN -BUILD TEAM will provide the following deliverables at each submittal as applicable: Reports: 1 digital PDF copy Design plans (separate set for each phase): • 1 digital CAD copy (final deliverable only) • 1 digital PDF copy Cost Estimates (separate set for each phase) 1 digital PDF copy Meeting Minutes • Digital PDF copies SCHEDULE AND FEES The fee breakdown for the above tasks is as follows. TASK 1 — FIELD INVESTIGATIONS TASK 2 - SYSTEMS ALTERNATIVE ANALYSIS TASK 3 — 60% DESIGN SUBMITTAL TASK 4 — 90% DESIGN PLANS TASK 5 — PERMITTING TASK 6 — GMP DEVELOPMENT TASK 7 — PUBLIC INFORMATION TASK 8 - GRANT ADMINISTRATION TASK 9 — REIMBURSABLES (As Incurred) TASK 10 — PUMP STATION DESIGN AND PERMITTING 10A ADDER FOR SUBMERSIBLE PUMP STATION 10B ADDER FOR VACUUM PUMP STATION TASK 11 — PROJECT MANAGEMENT TOTAL MAXIMUM FEE $232,465.50 $81,591.00 $56,737.50 $64,518.50 $32,120.00 $15,060.00 $24,575.00 $39,160.00 $2,000.00 $88,360.00 $282,116.00 $33,580.00 $952,283.50 See Exhibit A for a breakdown of costs and Exhibit B for a detailed schedule. Proposal Total Not -to -Exceed amount is $952,283.50. If no lift station is required, Task 10 will not be used and the Total Not -to Exceed amount will be $581,807.50. If a submersible lift station is required, Task 10A will be used and the Total Not -to Exceed amount will be $670,167.50. If a vacuum pump station is required, Task 10 will be used in its entirety and the Total Not -to Exceed amount will be $952,283.50. Tasks 1-8, 10-11 in this Phase 1 Pre -Construction Fee will be paid as % of completion based on agreed to monthly progress. Task 9 will be paid based on costs incurred. A detailed fee breakdown has been attached for review and discussion. Schedule assumes a 14 -calendar day review time from IRC on each submittal and a 60 -day permit acquisition period. 9of10 Page 294 of 439 IAMICI L ENGINEERING A WK CONTRACTORS We hope this proposal provides sufficient detail to move forward with Phase 1 of this project. Should you have any questions, please do not hesitate to contact me at: Juan Barreneche Managing Member, Amici Engineering Contractors, LLC Email: ivanb c(�amiciec.com Phone: 954-650-4699 We look forward to meeting with you team to discuss this further. Sincerely, D JuaryBarreneche Arydci Engineering Contractors, LLC Attachments: Exhibit A — Fee Breakdown, Exhibit B — Detail Phase 1 Schedule, Exhibit C — Sample Cost Templates 10 of 10 Page 295 of 439 w °; v z+ (D rn � a a LL U) 0:) �n 0 M N O L Q CU (n ` - G M V Q Q t V) v CD c •� fa �cn LL O Z iii �mue�� �e Id j.dl.."d 4� a W go z . " a Y F K e .a 7 a ti m .I i g X R � 4 n. mm m m nm m mm e a a y a n ane �. � sa " I's e'LLg a n n n R m m �n a S x < a x a a S a� aa�e a�? �g��5 sggmS'm Sg'Sc s arc >a m e m N n � � ? z f C 1 u C n � m N C C 9 n 1 C^ �> 1 e u u ry � � v a m wn o .. �,. � � C C c � C o E E fi 8 9 r ;> ==q F 3 ' f 2 . f f f 'E Z c a d ; m ■ W $ f a E i E m F N A=rrrrrr rrrrrrrrrtrr r r r r rrr rrrr9rr91rIrr19rrrrr19rrr9r99rr1 0 e m M 7 COST BREAKDOWN -SUMMARY PROJECT: Hobart Septic -to -Sewer Progressive Design Build Design -Builder-. Amici Engineering Contractors, LLC Cost Phase: Proposal Date: A�i`, ci ENGINEERING CONTRACTORS A Estimate Summary Sheet DESIGN -BUILD SERVICES DiR Division 2 -Site Work - - 0.00 B Division 3 - Concrete 0.00 C Buildings 0.00 D Division 4 -Mason (Non-building)0.00 E Division 5-Metal(Non-building) $0.00 E Division 6 - Woods and Plastics(Non-building) 0.00 G Division 7 -Thermal and Moisture Protection(Non-building) $0.00 H Division 9-Finishes(Non-building) $0.00 Division 10-Specialties(Non-building) 0.00 11 Division 11- Equipment (Non -building) - Subcontractor Cost $0.00 12 Division 11- Equipment (Non -building) - Permanent Materials Costs $0.00 K Division 13 - Special Construction $0.00 L Division 14 - Conveying Systems $0.00 M Division 15 -Mechanical $O.DO N Division 16 -Electrical $0.00 0 Division 17 -Instrumentation $0.05 P Division 18 - SecuritV $0.00 4 lCommissioning and Startup 0.00 R JOTHER INDIRECTC - SUBTOTAL DIRECT IfTE CALCULATED h. 50.00 $0.00 TGeneral Conditions $0.00 U Contin enc $0.00 V1 SUBTOTAL GENERAL CONDITIONS COSTS $0.00 W1 SUBTOTAL DIRECT AND INDIRECT COSTS $0.00 Xl Desi n -Builder Fee Profit 20.00% NA X2 jOverhead Fee 10.CO% NA X3 Z ITatal Desi n -Builder Fee for all Work Overhead and Profit SUBTOTAL DIRECT AND INDIRECT COSTS (INCLUDING Insurance FEE) 0.00 r rr $0.00 AA Bonds $0.00 AB Allowances $0.00 AC Rework Contingency 0.00 AD Sales Tax $0.00 AE Incentives AF AG Total GP AH Phase 1 Price AI Total Prior Change Orders AI Total Contract Amount $0.00 r $0.00 $0.00 $0.00 $0.00 $o.00 Page 300 of 439 Page 301 of 439 Embi.091k 11W TrIm Ell 111111141. Page 301 of 439 Page 302 of 439 -MiL W k���� Page 302 of 439 Design -Build Contract This Part 1 Contract (Contract) for design -build services is made and entered into this 21St day of April, 2026 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 referred to as the "Owner," and Amici Engineering Contractors, LLC, a Florida Corporation, authorized to do business in the State of Florida, hereinafter referred to as the "Design -Builder". For the following Project: Hobart Landing Septic -to -Sewer Project, Project ID: 21.24.508 The engineering services described in Article 1 will be provided contractually through the Design - Builder by the following person or entity who is lawfully licensed to practice engineering: Chen Moore & Associates, Inc. herein referred to as "Designer'. The Owner and Design -Builder agree as set forth below. ARTICLE 1 DESIGN -BUILDER 1.1 SERVICES 1.1.1 Conceptual, schematic, design development, permitting, and construction documents, budget, and schedule comprise the services required to accomplish the preparation and submission of the Design -Builder's Contract Price (CP) Proposal that may be executed as a Guaranteed Maximum Price (GMP) or Lump Sum (LS), as well as the preparation and submission of any modifications to the CP Proposal prior to execution of the Phase 2 Construction Amendment to this agreement. 1.2 RESPONSIBILITIES 1.2.1 The services that the Design -Builder will provide to the Owner under this Contract will be as follows, and in general accordance with the Owner's Request for Qualifications (RFQ) 2025043, issued on June 20, 2025, entitled "Progressive Design -Build Services for Hobart Landing Septic to Sewer Project", which is incorporated by reference herein, and the Design -Builder's fee and scope of work proposal, submitted April 3, 2026, which is attached hereto and incorporated by reference herein. In the event of any conflicts between this Contract and any other documents, the precedence in resolving such conflicts will be as follows: 1.2.1.1 This Contract and any agreed upon written amendments 1.2.1.2 Design -Builder's Phase 1 Pre -Construction fee and scope proposal 1.2.1.3 The Owner's Request for Qualifications 1.2.1.4 Relevant portions of the Design -Builder's response to Request for Qualifications Hobart Landing Septic -to -Sewer Agreement Page 303 of 439 1.2.2 All design services provided by or through Design -Builder pursuant to this Contract must be performed by qualified design professionals (Designer). The contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design -Builder. Design -Builder designates Juan Barreneche, whose business address is 9480 SW 771h Avenue, Suite 103, Miami, FL 33156, and who will have full authority to bind and obligate the Design -Builder on all matters arising out of or relating to this Contract, as the Project Director. The Design -Builder agrees that the Project Director will devote whatever time is required to satisfactorily manage the services to be provided and performed by the Design -Builder hereunder. Any replacement of the Project Director will be subject to the prior approval and acceptance of the Owner. 1.2.3 The agreements between the Design -Builder and the persons or entities identified in this Contract as providing architectural and engineering services, and any subsequent modifications thereto, must be in writing. These agreements, including financial arrangements with respect to this Project, must be promptly and fully disclosed to the Owner upon request and must have met all requirements for openness and a non-restrictive solicitation process. Though the contractual obligations of such professional persons or entities are undertaken and performed in the interest of the Design -Builder, it is expressly acknowledged and agreed by Design -Builder that Owner will be identified as an intended third party beneficiary of the agreements between Design -Builder and the design professionals. 1.2.4 Construction budgets must be prepared by qualified professionals, cost estimators or contractors retained by and acting in the interest of the Design -Builder. 1.2.5 The Design -Builder will be responsible to the Owner for acts and omissions of the Design - Builder's employees, subcontractors and their agents and employees, and other persons, including the Designer and other design professionals, performing any portion of the Design - Builder's obligations under this Contract. 1.2.6 Prior to the termination of the services of the Designer or any other design professional designated in this Contract, the Design -Builder will identify to the Owner in writing another design professional who will provide the services originally to have been provided by the Designer or other design professional whose services are being terminated. The Owner must approve any subsequently designated design professional in writing. 1.2.7 If the Design -Builder believes or is advised by the Designer or by another design professional retained to provide services on the Project that implementation of any instruction received from the Owner would cause a violation of any applicable law, the Design -Builder must promptly notify the Owner in writing. Neither the Design -Builder nor the Designer will be obligated to perform any act which violates any applicable law. 1.2.8 Nothing contained in this Contract will create a contractual relationship between the Owner and any person or entity other than the Design -Builder, except for the third party beneficiary obligation set forth in Paragraph 1.2.3 above. 1.2.9 Press releases or other specialized publicity documents, including the Design -Builder's advertising and news bulletins, which are related to this Contract and are intended by the Design - Builder for the press, broadcasting, or television, will be drawn up in consultation with the Owner. Except as otherwise required by law or regulation, the Design -Builder will not release or distribute any materials or information relating to this Contract or containing the name of the Owner or any of its employees without prior written approval by an authorized representative of the Owner. Hobart Landing Septic -to -Sewer Agreement 2 Page 304 of 439 Design -Builder shall incorporate the terms of this provision into all of its contracts, subcontracts and other agreements of any tier and require all contractors, consultants, subcontractors and subconsultants to similarly incorporate the terms of this provision in their agreements. 1.2. 10 Once the CP has been agreed to, and prior to the execution of the Phase 2 Construction Amendment to this Agreement, Design -Builder shall furnish Owner a Public Construction Bond in an amount equal to 100% of the agreed upon GMP or LS, as well as an executed Sworn Statement Under the Florida Trench Safety Act, on a form to be provided by Owner. 1.2.11 In lieu of the Public Construction Bond, the Design -Builder 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. 1.2.12 Such Bond shall continue in effect for one (1) year after acceptance of the Work by the Owner. 1.2.13. 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. 1.3 BASIC SERVICES 1.3.1 The Basic Services to be performed must commence on the date established in an executed work order and must be completed in accordance with Design -Builder's fee and scope proposal. Work orders are intended to be discrete working documents that will provide, in summary form, the background and factual context within which a particular work element or series of work elements will be completed by the Design -Builder. Each work order will include a scope of services, level of effort and related costs. Work orders will be construed to be in addition to, supplementary to, and consistent with the provisions of the Design -Builder's fee and scope proposal. Upon request by the Owner, Design -Builder will prepare and submit a work order to the Owner for review and approval. Work order forms will be provided by the Owner along with a detailed outline of design deliverables. Contracts involving multiple project numbers or locations will require work orders to identify basic services and reimbursement expense amounts per project and/or location. Supporting backup of the work classification, raw rates, overhead and weighted rate calculation will be submitted in Excel format when the work order is submitted. 1.3.2 The Design -Builder will provide a preliminary evaluation of the Owner's Project and Project budget requirements, each in terms of the other. 1.3.3 The Design -Builder will visit the Project site, become familiar with the local conditions, and correlate observable conditions with the requirements of the Owner's Project, schedule, and budget. 1.3.4 The Design -Builder will review laws applicable to design and construction of the Project, correlate such laws with the Owner's Project requirements and advise the Owner if any Project requirement may cause a violation of such laws. Necessary changes to the Owner's Project will be accomplished by appropriate written modification or disclosed as described in Paragraph 1.3.6. Hobart Landing Septic -to -Sewer Agreement 3 Page 305 of 439 1.3.5 The Design -Builder will review with the Owner alternative approaches to design and construction of the Project. 1.3.6 The Design -Builder will submit to the Owner for Owner's approval, the Design -Builder's plan for the competitive process the Design -Builder will use in obtaining subcontractor bids for the development of the CP Proposal. The plan will include, but not be limited to, bid submittal dates, analysis process of bids after receipt, subcontractors bid sheets by bid packages, and the determination of bids to be included in the CP proposal. 1.3.7 The Design -Builder will submit to the Owner a CP Proposal, including the final design documents, a statement of the proposed maximum price and a proposed guaranteed completion date of the Project. Final design documents will consist of final construction design drawings, specifications or other documents sufficient to establish the size, quality and character of the entire Project including its architectural, structural, mechanical and electrical systems, and materials and such other elements of the Project as may be appropriate. Deviations from the Owner's Project will be disclosed and expressly highlighted in the CP Proposal. If the CP Proposal is accepted by the Owner, the parties will then execute the Phase 2 Construction Amendment to this agreement as a GMP or LS. Notwithstanding anything herein to the contrary, Owner reserves the absolute right, in its sole discretion, to reject the CP Proposal and not execute the Phase 2 Construction Amendment to this agreement for any or no reason whatsoever, or to terminate this Contract in accordance with Article 8. In such event, all final design documents, including all Project Documents (as defined in Paragraph 3.1), will become the property of the Owner and Owner will be entitled to retain and use all such Project Documents as set forth in Paragraphs 3.1 and 8.5 herein. 1.4 ADDITIONAL SERVICES 1.4.1 The Additional Services described below will be provided by the Design -Builder and paid for by the Owner if authorized and confirmed in writing by the Owner. 1.4.1.1 Making revisions in the final design documents, budget or other documents when such revisions are not the result of the fault or neglect of the Design -Builder or anyone for whom the Design -Builder is responsible and are: 1.4.1.1.1 Inconsistent with approvals or instructions previously given by the Owner, including substantial revisions made necessary by adjustments in the Owner's Project or Project budget; 1.4.1.1.2 Due to substantial changes required as a result of the Owner's failure to render decisions within 5 business days. 1.4.1.2 Providing more extensive programmatic criteria than that furnished by the Owner as described in Paragraph 2.1 and other Contract Documents. 1.4.1.3 Providing such other design -build services that may be required for the successful completion of the Project not otherwise covered herein. 1.4.1.4 If, during the performance of the Work, Design -Builder discovers any conflict, error, ambiguity, or discrepancy within the Contract 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 Hobart Landing Septic -to -Sewer Agreement 4 Page 306 of 439 Supplier, Design -Builder shall report it to Owner in writing at once. Design -Builder shall not proceed with the Work affected until an amendment or supplement to the Contract Documents has been executed by both parties; provided, however, that Design -Builder shall not be liable to Owner for failure to report any such conflict, error, ambiguity, or dis- crepancy unless Design -Builder knew or reasonably should have known thereof. ARTICLE 2 CGI" 1.14[7 2.1 RESPONSIBILITIES 2.1.1 The Owner is the entity identified as such in this Contract and is referred to throughout the Contract Documents as if singular in number. 2.1.2 This Contract will be administered by the Owner's County Administrator or designee. 2.1.3 The Owner will provide full information in a timely manner, as requested by Design - Builder, regarding requirements for the Project, including a written plan which will set forth the Owner's objectives, schedule, constraints and criteria. The Owner will designate a representative Project Manager, authorized to act on the Owner's behalf with respect to the Project. The term "Owner" means Owner or Owner's other authorized representative(s) as notified by the Owner in writing. 2.1.4 The Owner will establish and update an overall budget for the Project, including reasonable contingencies. This budget will not constitute the Contract sum. 2.1.5 The Owner will render decisions pertaining to Project Documents submitted by the Design - Builder in a timely manner in order to avoid unreasonable delay in the orderly and sequential progress of the Design -Builder's services. The Owner may obtain independent review of the Project Documents by a separate architect, engineer, contractor, or cost estimator under contract to or employed by the Owner. Such independent review will be undertaken at the Owner's expense in a timely manner so as not to unreasonably delay the orderly progress of the Design - Builder's services. Design -Builder will ensure Owner is provided reasonably adequate time that permits Owner to render its decisions and conduct independent reviews of Project Documents in a timely manner. 2.1.6 Upon written request, the Owner will make available record documents and drawings in its possession, of which it is aware, for any existing buildings and/or facilities. To the extent known and in its possession, Owner will make available to the Design -Builder prior to and during the performance of the Work record documents and Drawings pertaining to the existing buildings and/or facilities relative to this Project. Record documents and Drawings will not be considered a part of the Contract Documents. Owner does not warrant to the Design -Builder the accuracy or completeness of such record documents and Drawings and the Design -Builder will be solely responsible for all assumptions made in reliance thereupon without independent verification. Record documents and Drawings are not warranted or intended to be complete depictions of existing conditions, nor do they necessarily indicate concealed conditions. The locations of electrical conduit, telephone lines and conduit, computer cables, storm lines, sanitary lines, irrigation lines, gas lines, mechanical apparatus and appurtenances, HVAC piping/ductwork and Hobart Landing Septic -to -Sewer Agreement 5 Page 307 of 439 plumbing may only appear schematically, if at all, and the actual location of such equipment and lines is in many cases unknown. 2.1.7 The Owner will disclose, to the extent known, the results and reports of prior tests, inspections or investigations conducted for the Project involving: structural or mechanical systems; chemical, air and water pollution; hazardous materials; or other environmental and subsurface conditions. The Owner will disclose all information known to the Owner regarding the presence of pollutants at the Project site. The Owner does not warrant the accuracy or completeness of any such information and accepts no responsibility therefore and the Design Builder will be solely responsible for all assumptions made in reliance thereupon without independent verification. 2.1.8 The Owner will furnish all legal, accounting and insurance counseling services as the Owner may require at any time for the Project, including such auditing services as are needed to verify the Design -Builder's applications for payment. 2.1.9 The Owner will promptly obtain easements, zoning variances, and legal authorizations regarding Project site utilization where essential to the execution of the Owner's Project. 2.1.10 Those services, information, surveys, and reports described in Paragraphs 2.1.6 through 2.1.9 which are within the Owner's control will be furnished at the Owner's expense and are not part of the Contract Documents. The Owner does not warrant or certify the accuracy or completeness of any services, information, surveys or reports. 2.1.11 The Owner may communicate with persons or entities employed or retained by the Design -Builder, unless otherwise instructed for reasonable cause not to do so in writing by the Design -Builder. ARTICLE 3 OWNERSHIP AND USE OF DOCUMENTS AND ELECTRONIC DATA/RETENTION AND MAINTENANCE OF PUBLIC RECORDS 3.1 Design -Builder acknowledges and agrees that all records, documents, drawings, notes, tracings, plans, specifications, maps, evaluations, reports and other technical data and electronic data, instruments of service (other than working papers), including but not limited to, all Architectural Works as defined by the federal Architectural Works Copyright Protection Act (whether hard copy or electronically stored), prepared, developed or furnished by Design -Builder or the design professional(s) employed or retained by the Design -Builder under this Contract (Project Documents) will be and remain the property of the Owner. Project Documents will be deemed to be works made for hire, and all right, title and interest in and to the Project Documents will be vested in Owner. Design -Builder will take all actions necessary to secure for Owner all such right, title and interest. Design -Builder warrants that all materials comprising the Project Documents are original with Design -Builder and have not been copied or derived from any other material without the express written consent of the owner, proprietor and/or copyright holder of that other material, and are not subject to any other claim of copyright by any other person. Design -Builder will obtain any and all licenses necessary for the production and preparation of the Project Documents including, without limitation, licenses for the use of any material subject to copyright by other parties. Design -Builder will assign to Owner any and all rights, including any copyrights, in the Project Documents that Design -Builder or the design professional(s) employed Hobart Landing Septic -to -Sewer Agreement 6 Page 308 of 439 or retained by the Design -Builder on this Project may possess now or in the future, and Design - Builder and its design professional(s) will claim no rights adverse to Owner in the Project Documents. The Project as designed by Design -Builder under this Contract, may be reused or repeated by Owner at Owner's option or discretion at any time or times, including but not limited to, completion, addition, renovation, maintenance, reconstruction or remodeling of the Project and construction of new projects. Design -Builder hereby grants its consent to reuse of the Project Documents by Owner for any and all such purposes. The Design -Builder shall retain its rights to all standard elements contained within the design, including standard details, specifications, or other design materials generated and authorized by Design -Builder for its repeated, regular and ongoing use in plans, specifications, reports or other instruments of service for its clients. The Design -Builder will incorporate the terms of this Paragraph in all contracts with design professionals employed or retained by the Design -Builder to perform services on the Work covered by this Contract. 3.2 Submission or distribution of the Design -Builder's documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the rights reserved in Paragraph 3.1. 3.3 Chapter 119, Fla. Statute Requirement IF THE DESIGN -BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE DESIGN -BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Indian River County Office of the County Attorney 1801 27th Street, Vero Beach, FL 32960 (772) 226-1424 Publicrecords(&-indianriver. gov Design -Builder agrees in accordance with Florida Statute Section 119.0701 to comply with public records laws including the following: a. Keep and maintain public records required by the Owner in order to perform the Work contemplated by this Contract. b. Upon request from the Owner's custodian of public records, provide the Owner 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. C. 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. d. Upon completion of this Contract, keep and maintain public records required by the Owner to perform the Work. Design -Builder shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Owner, upon request from the Hobart Landing Septic -to -Sewer Agreement 7 Page 309 of 439 Owner's custodian of public records, in a format that is compatible with the information technology systems of the Owner. 3.4 Design -Builder 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 Design -Builder, 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 This prohibition will survive final payment, completion, and acceptance of the Work, or termination or completion of the Contract. Nothing herein shall preclude Design -Builder from retaining copies of the Contract Documents for record purposes. ARTICLE 4 TIME 4.1 The term of this Agreement shall be as indicated in the Phase 1 Pre -Construction Scope of Work and Fee Proposal, attached, and the subsequently negotiated Phase 2 Construction Amendment to this agreement. 4.2 Time is of the essence. Services to be rendered by the Design -Builder will commence subsequent to the execution of this Contract by the effective date of an executed work order issued by the Owner. The Owner reserves the right to stop and start work or cancel or postpone any executed work order or portion thereof at any time with seven days written notice to Design - Builder. Any delay to Design -Builder resulting therefrom will be handled in accordance with Paragraph 4.4 below. Notwithstanding the same, time is of the essence with respect to the performance of this Contract. 4.3 Should the Design -Builder fail to commence, provide, perform or complete any of the services to be provided in a timely and diligent manner, in addition to any other rights or remedies available to the Owner, the Owner, at its sole discretion and option, may withhold any and all payments due and owing to the Design -Builder until such time as the Design -Builder resumes performance of its obligations in such a manner so as to satisfy the Owner. 4.4 Upon the request of the Owner, the Design -Builder will prepare a schedule for the performance of the Basic and Additional Services which will not exceed the time limits contained in Design -Builder's fee and scope proposal referenced in Paragraph 1.2.1.2 and will include reasonably sufficient time required for the Owner's review and approval of submissions by authorities having jurisdiction over the Project. 4.5 If the Design -Builder is delayed in the performance of critical path services under this Contract through no fault of the Design -Builder, any applicable schedule will be adjusted. Design - Builder expressly acknowledges and agrees that it will receive no damages for delay. Design - Builder's sole remedy, if any, against Owner will be the right to seek an extension of time to the applicable schedule; provided, however, the granting of any such time extension will not be a condition precedent to the aforementioned "no damages for delay" provision. Design -Builder will incorporate the terms of this Paragraph into all of its subcontracts and subconsultant agreements Hobart Landing Septic -to -Sewer Agreement 8 Page 310 of 439 and require all subcontractors and subconsultants to similarly incorporate such terms into their sub -subcontracts and sub-subconsultant agreements. 4.6 Design -Builder shall be responsible for meeting any and all completion times as provided in the Contract Documents, as negotiated and agreed to by both parties, and attached to this document as Attachment 1. The Design -Builder and the Owner shall work collaboratively to determine and define "Final Completion", in the Phase 2 Construction Amendment to this agreement. In the event the Design -Builder fails to achieve Substantial Completion or Final Completion of the project by the applicable date established in the Phase 2 Construction Amendment to this agreement, then the County shall be entitled to withhold from any amounts otherwise due to the Design -Build Firm or to be paid as a debt due in the amount of $1,000 per each calendar day as Liquidated Damages. The parties agree that such Liquidated Damages are not a penalty but rather a genuine pre -estimate of monetary damages sustained by the County for loss of revenue and/or increased project administration expenses related to this Contract because the Design -Build Firm failed to perform and complete Work within the time fixed for completion or additional time granted pursuant to the provisions hereof. The assessment of Liquidated Damages is without prejudice to the County's rights of termination and Design -Build Firm obligation to complete the Work. Should Design -Build Firm fall behind the approved Work schedule; the County reserves the right to deduct Liquidated Damages based on an estimated period of late completion. The County need not wait until the completion of Work to withhold Liquidated Damages from the Design -Build Firm progress payments. ARTICLE 5 PAYMENTS 5.1 Refer to ARTICLE 9 - BASIS OF COMPENSATION for additional requirements 5.2 Owner shall make progress payments to the Design -Builder on the basis of approved partial payment requests, submitted with sufficient supporting documentation and the Design - Builder's certification. Subsequent payments for Basic Services, Additional Services, and Reimbursable Expenses provided for in this Contract will be made monthly on the basis set forth in Article 9. 5.3 All applications for payment will be submitted to the Owner by the seventh of each month. 5.4 The Design -Builder will submit to the Owner's Project Manager via email each request for a progress payment. 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. The Owner will approve, disapprove or adjust the Design -Builder's application for payment within seven days after receipt. The Owner will notify the Design -Builder in writing of any reasons for withholding payment in whole or in part. Owner will make payment in accordance with the provisions of the Local Government Prompt Payment Act, Florida Statutes section 218.70 et. seq. In accordance with Florida Statute Section 255.075 — 255.078, the Design -Builder will promptly pay each subcontractor or supplier upon receipt of the payment from the Owner. Payment to the Design -Builder will release the Owner from any liens or disputes between the Design -Builder and the Design -Builder's subcontractors. Hobart Landing Septic -to -Sewer Agreement 9 Page 311 of 439 5.5 Monthly payments to Design -Builder will in no way imply approval or acceptance of Design -Builder's work. 5.6 This project is a "Public Works" under Chapter 255, Florida Statutes. No merchant's liens may be 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 Design -Builder for the amount due him. Such action shall not involve the Owner in any expense. Claims against the Design -Builder are subject to timely prior notice to the Design -Builder as specified in Florida Statutes Section 255.05. The Design -Builder 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 Design -Builder and to Design -Builder's Surety Company, 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 Design -Builder only after the Design -Builder 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 Design -Builder 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. ARTICLE 6 OWNER'S RIGHT TO PERFORM AUDITS, INSPECTIONS, OR ATTESTATION ENGAGEMENTS 6.1 In connection with payments to the Design -Builder under this Contract, it is agreed the Design -Builder will maintain adequate records in accordance with generally accepted accounting practices. The Owner, Florida Department of Transportation, Florida Auditor General, Florida Inspector General, Florida Chief Financial Officer, and the Comptroller General of the United States, or any duly authorized representative of each, have the right to initiate and perform audits, inspections or attestation engagements or audit the Design -Builder's records for the purpose of determining payment eligibility under this Contract or over selected operations performed by Design -Builder under this Contract for the purpose of determining compliance with the Contract. Access will be to all of the Design -Builder's records, including books, documents, papers, and records of Design -Builder directly pertinent to this Contract, as well as records of parent, affiliate and subsidiary companies. Design -Builder will arrange for said records to be brought to a location convenient to Owner's auditors to conduct the engagement as set forth in this Article. Or, Company may transport Owner's team to Design -Builder headquarters for purposes of undertaking said engagement. In such event, Design -Builder will pay reasonable costs of transportation, food and lodging for Owner's team. Design -Builder agrees to deliver or provide access to all records requested by Owner's auditors within fourteen (14) calendar days of the request at the initiation of the engagement and to deliver or provide access to all other records requested during the engagement within seven (7) calendar days of each request. The parties recognize that Owner will incur additional costs if records requested by Owner's auditors are not provided in a timely manner and that the amount of those costs is difficult to determine with certainty. Consequently, the parties agree that Design -Builder may be charged a liquidated damage of $100.00, in addition to all other contractual financial requirements, per item, per Hobart Landing Septic -to -Sewer Agreement 10 Page 312 of 439 calendar day, for each time Design -Builder is late in submitting requested records to perform the engagement. Accrual of liquidated damages will continue until specific performance is accomplished. These liquidated damages are not an exclusive remedy and Owner retains its rights including but not limited to its rights to elect its remedies and pursue all legal and equitable remedies. The parties expressly agree that these liquidated damages are not a penalty and represent reasonable estimates of fair compensation for the losses that reasonably may be anticipated from such failure to comply. 6.2 In the event the Design -Builder maintains its accounting or Project information in electronic format, upon request by the Owner's auditors, the Design -Builder will provide a download of its accounting or Project information in an electronic format allowing formatting, reading and manipulation in Microsoft Office products. 6.3 The Owner has the right during the engagement to interview the Design -Builder's employees and subconsultants, make photocopies, and inspect any and all records at reasonable times. The right to initiate an engagement will extend for five years after the completion date of the Work, or five years after the termination of this Contract, whichever occurs later. 6.4 In the event the Design -Builder has overcharged the Owner for direct and reimbursable expenses, the Design -Builder will re -pay the Owner the amount of the overcharge, and the Owner may assess interest of up to 12% per year on the overcharge from the date the overcharge occurred. In addition, if the Design -Builder has overcharged the Owner by more than 3% of the gross direct and reimbursable amount, the Owner may assess and the Design -Builder will pay for the entire cost of the audit. 6.5 The Design -Builder will include a provision providing the Owner the same rights to perform engagements at the subconsultant and subcontractor level in all of its subconsultant and subcontract contracts entered into by Design -Builder to effect Project completion. 6.6 Approvals by Owner's staff for any services not included in this Contract do not act as a waiver or limitation of the Owner's right to perform audits, inspections, or attestation engagements. ARTICLE 7 DISPUTE RESOLUTION 7.1 CLAIMS AND DISPUTES 7.1.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of this Contract, payment of money, extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design -Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 If for any reason the Design -Builder believes that additional cost or Contract time is due to the Design -Builder for work not clearly provided for in this Contract, or previously authorized changes in the work, the Design -Builder must notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost or Contract time. The Design -Builder must maintain strict accounting of all actual cost and/or time associated with the Hobart Landing Septic -to -Sewer Agreement 11 Page 313 of 439 claim, in such detail as may be required by Owner. The failure to give proper notice as required herein will constitute a waiver of said claim. 7.1.3 Written notice of intention to claim must be made within ten calendar days after the claimant first recognizes the condition giving rise to the claim or before the Work begins on which the Design -Builder bases the claim, whichever is earlier. 7.1.4 When the Work on which the claim for additional cost or Contract time is based has been completed, the Design -Builder will, within ten calendar days, submit Design -Builder's written claim, together with all supporting documentation required by Owner, to the Owner. Such claim by the Design -Builder, and the fact that the Owner has kept strict accounting of the actual cost and/or time associated with the claim, will not in any way be construed as proving or substantiating the validity of the claim. 7.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design -Builder will proceed diligently, as directed by Owner, with performance of this Contract and maintain effective progress to complete the Work within the Contract time(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by Design -Builder will constitute a waiver of all claims except those that are expressly identified as still pending in writing in the Design -Builder's final Application for Payment. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner's rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled. 7.2 RESOLUTION OF CLAIMS AND DISPUTES The following shall occur as a condition precedent to the Owner's review of a claim unless waived in writing by the Owner: 7.2.1 Project Representatives' Meeting: Within five days (5) after a dispute occurs, the Design - Builder's senior project management personnel who have authority to resolve the dispute shall meet with the Owner's project representative who has authority to resolve the dispute in a good faith attempt to resolve the dispute. If a party intends to be accompanied at a meeting by legal counsel, the other party shall be given at least three (3) working days' notice of such and also may be accompanied by legal counsel. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of rules of evidence. 7.2.2 Management Representatives' Meeting: If the Project Representatives' Meeting fails to resolve the dispute or if they fail to meet, a senior executive for the Design -Builder and for the Owner, neither of which have day to day Project management responsibilities, shall meet, within ten days (10) after a dispute occurs, in an attempt to resolve the dispute and any other identified Hobart Landing Septic -to -Sewer Agreement 12 Page 314 of 439 disputes or any unresolved issues that may lead to dispute. If a party intends to be accompanied at a meeting by legal counsel, the other party shall be given at least three (3) working days' notice of such and also may be accompanied by legal counsel. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of rules of evidence. 7.2.3 Following the Project Representatives' Meeting and the Management Representatives' Meeting, the Owner will review the Design -Builder's claims and may (1) request additional information from the Design -Builder which will be immediately provided to Owner, or (2) render a decision on all or part of the claim. The Owner will notify the Design -Builder in writing of the disposition of the claim within 21 days following the receipt of such claim or receipt of additional information requested. 7.2.4 If the Owner decides that the work relating to such claim should proceed regardless of the Owner's disposition of such claim, the Owner will issue to the Design -Builder a written directive to proceed. The Design -Builder will proceed as instructed. 7.2.5 If any claim is made pursuant to this Contract, the Design -Builder will provide, at the Owner's request, all documents in support of the claim. If the Owner requests to review the Project Documents and the Design -Builder fails to provide them in a timely manner or has failed to preserve them, the claim by the Design -Builder will be deemed waived. 7.2.6 Documents in support of the claim referred to in this Article may be subject to an independent audit by the Owner. In the event the audit supports the Design -Builder's claim, the Owner will pay for the audit. In the event the audit does not support the Design -Builder's claim, the Design -Builder will pay for the audit. 7.2.7 The exclusive venue for any action initiated by either party associated with a claim or dispute will be in the appropriate State Court in and for the 19th Judicial Circuit for Indian River County, Florida or the U.S. District Court in the Ft Pierce Division of the Southern District of Florida. ARTICLE 8 TERMINATION OF THE CONTRACT 8.1 This Contract may be terminated by the Owner with or without cause upon at least seven days written notice to the Design -Builder. Upon termination of this Contract there will be no further duty or obligation with regard to a Phase 2 Construction Amendment to this agreement. 8.2 In the event of termination by Owner without cause, the Design -Builder will be entitled to receive compensation for that portion of the cost attributable to the services and reimbursable expenses under this Contract earned through the date of termination. In addition, the Design - Builder is entitled to receive compensation for direct, out-of-pocket termination expenses. However, as a prerequisite to receiving such termination expenses, the Design -Builder is required to include language regarding entitlement to compensation for costs attributable to services, reimbursable expenses and out-of-pocket expenses in all purchase orders, subcontracts and other agreements it enters into to effectuate completion of this Contract. The Design -Builder will not be entitled to any further or additional compensation from the Owner, including but not limited to, damages or lost or anticipated profits on portions of the Work not performed. Hobart Landing Septic -to -Sewer Agreement 13 Page 315 of 439 8.3 In the event of termination for cause, the Owner may retain all payments due to the Design -Builder at the date of termination until all of the Owner's damages have been established and deducted from payments due. To the extent Owner's damages exceed the payments due Design -Builder, such excess will be paid by Design -Builder to Owner within ten days of Owner's written demand for same to Design -Builder. 8.4 Upon 30 days written notice to Owner, the Design -Builder may terminate this Contract only if the Design -Builder is not in default of any term, provision, or covenant of this Contract, and only upon or after the occurrence of the inability of Design -Builder to perform work for a period of longer than 90 consecutive days due to war, terrorism, or the issuance of any order, rule or regulation by a competent governmental authority or court having jurisdiction over the Owner preventing Design -Builder from operating its business for a period of longer than 90 consecutive days; provided, however, that such inability or such order, rule or regulation is not due to any fault or negligence of Design -Builder. 8.5 In the event this Contract is terminated or in the event that a Phase 2 Construction Amendment to this agreement is not executed, Owner will be entitled to retain and use all Project Documents furnished or prepared by or for the Design -Builder or design professionals employed or retained by the Design -Builder as set forth in Paragraph 3.1. 8.6 In the event the Owner terminates Design -Builder for cause pursuant to this Article 8 and it is later determined that such termination was not proper or such termination right was not otherwise available to the Owner, such termination will be deemed a termination without cause and Design -Builder's rights and remedies will be limited to those set forth in Paragraph 8.2 above. 8.7 In the event of termination, the Design -Builder consents to Owner's selection of a successor design -builder of the Owner's choice to assist the Owner in completing the Project, provided that (1) for a termination for cause, the Owner exercises its rights in good faith, and (2) for any termination for convenience, the Owner makes all payments due to Design -Builder under this Contract. The Design -Builder further agrees to cooperate and provide any information reasonably requested by the Owner in connection with the completion of the Project and consents to and authorizes the making of any reasonable changes to the Design -Builder's instruments of service by the Owner and successor design builder as the Owner may desire. In the event that the Design -Builder is terminated and a successor design -builder is employed to complete the Project, the Design -Builder shall not be liable for the successor design -builder's work. However, the Design -Builder remains liable under this Contract for all its acts and omissions up to and including the date of termination and subsequent provision of any information required to be provided under this provision. 8.8 Design -Builder certifies that it and those related entities of Design -Builder 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. Owner may terminate this Contract if Design -Builder, 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. In addition, if this agreement is for goods or services of one million dollars or more, Design -Builder certifies that it and those related entities of Design -Builder as defined by Florida law are not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Hobart Landing Septic -to -Sewer Agreement 14 Page 316 of 439 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 Design -Builder 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. ARTICLE 9 BASIS OF COMPENSATION The Owner will compensate the Design -Builder for services rendered under this Contract, as described below. 9.1 COMPENSATION FOR BASIC SERVICES 9.1.1 For Basic Services, compensation will be as follows For services performed under Article 1 hereof, total compensation to the Design -Builder will be a not -to -exceed amount of $952,283.50. Invoiced amounts will be based upon work completed and supported by monthly progress reports submitted to the Owner. 9.1.2 Upon receipt of payment from the Owner, the Design -Builder will promptly pay each licensed design professional and each subcontractor out of the amount paid to the Design -Builder, for such licensed design professional's and subcontractor's portion of the Work. The amount to which said licensed design professional and subcontractor is entitled should reflect percentages actually retained from payments to the Design -Builder on account of such licensed design professional's and subcontractor's portion of the Work. The Design -Builder will, by appropriate contract with each licensed design professional and each subcontractor, require each licensed design professional and each subcontractor to make payments to their respective subconsultants and sub -subcontractors in a similar manner. 9.1.3 The Design -Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its contract no later than 10 days from the receipt of each payment the Design - Builder receives from the Owner. The Design -Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written notice to the Owner. This clause applies to both DBE and non -DBE subcontractors. 9.1.4 Invoiced amounts will be based on the Design -Builder's and subconsultants' most recent audited overhead rates or agreed upon overhead rates, personnel direct labor rates, negotiated profits and actual time billed to the Project as substantiated by backup acceptable to the Owner and supported by monthly progress reports. An amendment will be issued to this agreement for Phase 2 construction services, to include amended compensation terms, which will be negotiated, and are anticipated to provide for payment to Design -Builder based on percentage of construction completed. 9.1.5 Invoiced amounts for multiple projects or multiple locations must be identified per project and/or location. Hobart Landing Septic -to -Sewer Agreement 15 Page 317 of 439 9.1.6 All subconsultant and subcontractor contracts must be submitted at time of billing. Subconsultant and subcontractor contracts must include a provision providing the Owner the same rights to audit all of Design -Builder's subconsultant and subcontractor contracts entered into by the Design -Builder to effect Project completion. 9.1.7 An employee basic services spreadsheet based on the fee and scope proposal in Excel format listing the employee's name, employee's classification and employee's raw rate must be submitted before the Design -Builder's invoice submittal. If there are changes such as new employees, new classification or new raw rate, then an updated basic services spreadsheet in Excel format is required to be submitted. New rate tables must be approved by the Owner. 9.1.8 Basic services invoices that are submitted with a Design -Builder's invoice that are older than 90 days before the submission date will not be reimbursed. 9.1.9 Timesheets are required as supporting backup for all basic services invoice amounts. Hours billed must be clearly identified. 9.1.10 Basic services must be organized using standard separators to identify the basic services being billed. 9. 1.11 All permit requirements and acceptable deliverables are required to be submitted seven days before submission of a final professional service invoice. 9.1.12 If deficiencies are found, a standard deficiency e-mail will be sent to the Design -Builder to resolve. Design -Builder will have 24 hours to resolve such deficiency. If the deficiency is not resolved within that time, the Design -Builder's invoice will be returned. 9.1.13 Owner has the right to withhold payment for amounts in dispute in any invoice. All undisputed amounts in any invoice shall be paid in accordance with applicable law and this Contract. 9.2 COMPENSATION FOR ADDITIONAL_ SERVICES 9.2.1 The compensation for Additional Services under this Contract will be on the basis of the scope of work and in the amount of fees set forth in a written request of the Owner, which will have resulted from negotiation of the scope and the fees prior to such request of the Owner. 9.4 INVOICES AND RECORDS 9.4.1 Whenever compensation is paid to the Design -Builder on a reimbursable basis, records as to the direct expense must be kept on a generally accepted accounting basis and must be submitted with each invoice to the Owner. In addition, the Design -Builder will submit with each invoice a detailed accounting of the value of Work performed to date by their design professionals and subcontractors. This accounting will include the names and addresses of their design professionals and subcontractors that have participated, a description of the work each named design professional and subcontractor has performed and the value of work performed by each named design professional and subcontractor. 9.4.2 If the scope of the Project is changed materially, the amount of compensation may be equitably adjusted, if requested in writing, by either the Owner or the Design -Builder. Hobart Landing Septic -to -Sewer Agreement 16 Page 318 of 439 9.4.3 The Design -Builder will maintain a detailed, itemized, electronic spreadsheet to include identifiable references to the actual expense, in a format allowing readership in Microsoft Project or Primavera, of all reimbursable expenses submitted with each application for payment. 9.4.4 Whenever compensation is paid to the Design -Builder on a reimbursable basis, records as to the direct expense will be kept on a generally recognized accounting basis and will be submitted with each invoice. 9.4.5 Any compensation paid pursuant to a not -to -exceed amount will constitute full payment for all costs including, but not limited to, employee benefits, overhead, general administrative costs, profit and all other unallocated expenses. 9.4.6 The Design -Builder agrees to pay each subcontractor under this Contract for satisfactory performance of its agreement no later than 10 days from the receipt of each payment the Design - Builder receives from the Owner. The Design -Builder agrees further to release retainage payments to each subcontractor within 10 days after the subcontractor's work is satisfactorily completed. Any delay or postponement of payment from the above -referenced time frame may occur only for good cause following written notice to the Owner. 9.4.7 With each invoice, the Design -Builder will submit an electronic Excel spreadsheet with an updated cash flow projection from the current invoice period through the end of the Project. ARTICLE 10 DESIGN -BUILDERS INSURANCE 10.1 Design -Builder must maintain the following limits and coverages uninterrupted or amended through the term of this Contract. In the event the Design -Builder defaults on any of the following requirements, the Owner reserves the right to take whatever actions deemed necessary to protect its interests. Required liability, other than Workers' Compensation/Employer's Liability and Professional Liability, will provide that the Owner, members of the Owner's governing body, and the Owner's officers, volunteers and employees are included as additional insureds. Design -Builder shall require that all subcontractors and subconsultants maintain insurance meeting all the requirements stated herein (except for professional liability insurance and environmental impairment insurance) with the sole exception that the Design -Builder shall determine the applicable limits of coverage and deductible amounts for its subcontractors and subconsultants and have all applicable policies endorsed to name the Owner, members of the Owner's governing body, and the Owner's officers, volunteers and employees named Additional Insureds. 10.2 Workers' Compensation / Employer's Liability Insurance The minimum limits of insurance (inclusive of any amount provided by an umbrella or excess policy) are: Part One: "Statutory" Part Two: Each Accident $1,000,000 Disease - Policy Limit $1,000,000 Hobart Landing Septic -to -Sewer Agreement 17 Page 319 of 439 Disease - Each Employee $1,000,000 10.3 Commercial General Liability Insurance The minimum limits of insurance (inclusive of any amounts provided by an umbrella or excess policy) without exclusion for independent contractors, XCU, or broad form property damage, covering the work performed pursuant to this Contract will be the amounts specified herein. Coverage will be provided for liability resulting out of, or in connection with, ongoing and completed operations performed by, or on behalf of, the Design -Builder under this Contract or the use or occupancy of Owner premises by, or on behalf of, the Design -Builder in connection with this Contract. Coverage shall be provided on a form no more restrictive than ISO Form CG 00 01. Coverage for Products and Completed Operations shall remain in force for a period of two years following substantial completion of the design phase in the amount of $10,000,000. Additional insured coverage shall be provided on a form no more restrictive than ISO Form CG 20 10 10 01 and CG 20 37 10 01. Contract Specific General Aggregate $10,000,000 Each Occurrence $10,000,000 Personal and Advertising Injury Each Occurrence $10,000,000 Products and Completed Operations Aggregate $10,000,000 10.4 Business Auto Liability Insurance Coverage will be provided for all owned, hired and non -owned vehicles. Coverage shall be provided on a form no more restrictive than ISO Form CA 00 01. The minimum limits of insurance, inclusive of any amounts provided by an umbrella or excess policy, covering the work performed pursuant to this Contract are: Each Occurrence - Bodily Injury and Property Damage Combined $10,000,000 10.5 Professional Liability (Errors and Omissions) Such insurance will be maintained throughout the Project and for five years following substantial completion of the design phase by the Design -Builder. Any deductible amount over $50,000 must be approved in writing by the Owner. This policy shall be endorsed to include contractual liability. Coverage will include all work of the Design -Builder, including but not limited to, areas with possible environmental impact, without any exclusions, unless approved in writing by the Owner. Coverage shall remain in force for a period of two years following substantial completion of the design phase in the minimum amount of $5,000,000. The limits of coverage will not be less than: Each Claim $5,000,000 Annual Aggregate $5,000,000 10.6 Environmental Impairment (Pollution) Liability: Hobart Landing Septic -to -Sewer Agreement 18 Page 320 of 439 Proof of such insurance will be required during this Contract if determined by the Owner that circumstances warrant this coverage. Design -Builder agrees to show proof of coverage, without asbestos abatement exclusion, which arises out of, or in connection with, work or occupancy of Owner property in the Design -Builder's performance under this Contract. Coverage shall remain in force for a period of two years following substantial completion of the design phase in the amount of $1,000,000. The limits of coverage will not be less than: Each Occurrence $1,000,000 Annual Aggregate $1,000,000 10.7 Waiver of Subrogation The Design -Builder, for itself and on behalf of its insurers, to the fullest extent permitted by law without voiding the insurance required by the contract, waives all rights against the Owner, members of Owner's governing body and the Owner's officers, volunteers and employees, for damages or loss to the extent covered and paid for by any insurance maintained by the Design - Builder. 10.8 Notwithstanding the foregoing, for projects designated as high-risk or involving complex design elements, the Owner's Risk Manager may require broader limits of coverage. ARTICLE 11 INDEMNITY 11.1 To the maximum extent permitted by Florida law, in addition to Design -Builder's obligation to provide pay for and maintain insurance as set forth elsewhere in this Contract, Design -Builder will indemnify and hold harmless the Owner, its members, officers, agents, employees, and volunteers from any and all liabilities, suits, claims, expenses, losses, costs, royalties, fines and damages (including but not limited to claims for attorney's fees and court costs) caused in whole or in part by the: 11.1.1 Presence on, use or occupancy of Owner property; 11.1.2 Acts, omissions, negligence (including professional negligence and malpractice), recklessness, intentional wrongful conduct, activities, or operations; 11.1.3 Any breach of the terms of this Contract; 11.1.4 Performance, non-performance or purported performance of this Contract; 11.1.5 Violation of any law, regulation, rule or ordinance; 11.1.6 Infringement of any patent, copyright, trademark, trade dress or trade secret rights; and/or 11.1.7 Contamination of the soil, groundwater, surface water, storm water, air or the environment by fuel, gas, chemicals or any other substance deemed by the Environmental Protection Agency or other regulatory agency to be an environmental contaminant by the Design -Builder or the Design -Builder's officers, employees, agents, volunteers, subcontractors, invitees, or any other person whether the liability, suit, claim, expense, Hobart Landing Septic -to -Sewer Agreement 19 Page 321 of 439 loss, cost, fine or damages is caused in part by an indemnified party. This indemnity obligation expressly applies, and shall be construed to include, any and all claim(s) caused in part by the negligence, acts, or omissions of the Owner, its members, officers, agents, employees, and volunteers. 11.2 In addition to the duty to indemnify and hold harmless, Design -Builder will have the separate and independent duty to defend the Owner, its members, officers, agents, employees, and volunteers from all suits, claims or actions of any nature seeking damages, equitable or injunctive relief, expenses, losses, costs, royalties, fines or attorney's fees in the event the suit, claim, or action of any nature arises in whole or in part from the indemnification obligations described in Section 11.1. This duty to defend exists immediately upon presentation of written notice of a suit, claim or action of any nature to the Design -Builder by a party entitled to a defense hereunder. This duty to defend obligation expressly applies, and shall be construed to include, any and all claim(s) caused in part by the negligence, acts, or omissions of the Owner, its members, officers, agents, employees, and volunteers. 11.3 If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by Fla. Stat. § 725.06(2)-(3) or Fla. Stat. § 725.08, then with respect to the part so limited, Design -Builder agrees to the following: To the maximum extent permitted by Florida law, Design -Builder will indemnify and hold harmless the Owner, its members, officers, agents, employees, and volunteers from any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fee, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the Design -Builder and persons employed or utilized by the Design -Builder in the performance of this Contract. 11.4 If the above indemnity or defense provisions or any part of the above indemnity or defense provisions are limited by Fla. Stat. § 725.06(1) or any other applicable law, then with respect to the part so limited the monetary limitation on the extent of the indemnification shall be the greater of the (i) monetary value of this Contract, (ii) coverage amount of Commercial General Liability Insurance required under this Contract or (iii) $1,000,000.00. Otherwise, the obligations of this Article will not be limited by the amount of any insurance required to be obtained or maintained under this Contract. 11.5 Design -Builder's obligations to defend and indemnify as described in this Article will survive the expiration or earlier termination of this Contract until it is determined by final judgment that any suit, claim or other action against the Owner, its members, officers, agents, employees, and volunteers is fully and finally barred by the applicable statute of limitations or repose. 11.6 Nothing in this Article or Contract will be construed as a waiver of any immunity from or limitation of liability the Owner, or its members, officers, agents, employees, and volunteers may have under the doctrine of sovereign immunity under common law or statute. 11.7 The Owner and its members, officers, agents, employees, and volunteers reserve the right, at their option, to participate in the defense of any suit, without relieving Design -Builder of any of its obligations under this Article. Hobart Landing Septic -to -Sewer Agreement 20 Page 322 of 439 11.8 If the above Article 11.1-11.7 or any part of Article 11.1-11.7 is deemed to conflict in anyway with any law, the Article or part of the Article will be considered modified by such law to remedy the conflict. ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and Design -Builder respectively bind themselves, their partners, successors, assigns and legal representatives to the other party to this Contract and to the partners, successors, and assigns of such other party with respect to the covenants of this Contract. 12.2 Except as hereinafter provided, neither party to this Contract will assign or sublet this Contract, in whole or in part, without the written consent of the other, nor will the Design -Builder assign any monies due, or to become due, hereunder without the previous written consent of the Owner. If the Design -Builder attempts to make such assignment or sublet without such consent, the Design -Builder will nevertheless remain legally responsible for all obligations under this Contract. 12.3 The Owner reserves the right to transfer its interests herein to any other governmental body authorized by law to operate the Project. ARTICLE 13 TRUTH IN NEGOTIATIONS 13.1 The Design -Builder certifies that the wage rates and other factual unit costs supporting the compensation described herein are accurate, complete and current as of the date of this Contract, and that the original compensation and any additions thereto will be adjusted to exclude any significant sums where the Owner determines the lump sum amount was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. All such Contract adjustments must be made within one year following the end of this Contract. ARTICLE 14 PROHIBITION AGAINST CONTINGENT FEES 14.1 The Design -Builder warrants that Design -Builder has not employed or retained any company or person, other than a bona fide employee working solely for the Design -Builder, to solicit or secure this Contract, and that the Design -Builder has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the Design -Builder, any fee, commission, percentage, gift, or other consideration, contingent upon or resulting from the award or making of this Contract. If the Owner finds that Design -Builder violates this provision, the Owner may terminate this Contract without liability and, at its discretion, deduct from this Contract, or otherwise recover from Design -Builder, the full amount of any fee, commission, percentage, gift, or consideration. ARTICLE 15 CONTRACT MADE IN FLORIDA 15.1 This Contract has been made in and will be construed in accordance with the laws of the State of Florida. Hobart Landing Septic -to -Sewer Agreement 21 Page 323 of 439 /d:i9[ON =511 PUBLIC ENTITY CRIME CERTIFICATION 16.1 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 Design -Builder, 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. ARTICLE 17 PROHIBITION AGAINST CONTRACTING WITH SCRUTINIZED COMPANIES 17.1 This Contract will be terminated in accordance with Florida Statute Section 287.135(3) if it is found that the Design -Builder submitted a false Scrutinized Company Certification as provided in Florida Statute Section 287.135(5) or has been placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, created pursuant to Florida Statute Section 215.473, or has been engaged in business operations in Syria. ARTICLE 18 E -VERIFY REQUIREMENT 18.1 The Design -Builder 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. Design - Builder is also responsible for obtaining an affidavit from all subcontractors, as required in Section 448.095(5)(b), F.S., stating the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. ARTICLE 19 COMPLETE CONTRACT 19.1 This Contract represents the entire agreement between the Owner and the Design -Builder and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be amended only by written instrument signed by both the Owner and the Design - Builder. 19.2 The failure of the Owner to enforce at any time or for any period of time any one or more of the provisions of this Contract will not be construed to be and will not be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. ARTICLE 20 NO EQUITABLE ADJUSTMENT Hobart Landing Septic -to -Sewer Agreement 22 Page 324 of 439 20.1 Design -Builder's remedies are limited to those remedies specified herein. To the fullest extent permitted by law, Design -Builder agrees that it is not entitled nor will it seek equitable adjustment of any of the terms of this Contract including but not limited to Contract time and compensation. This provision shall take precedence over any conflicting Contract provisions. This Contract entered into as of the day and year first written above. IN WITNESS WHEREOF, the parties hereto have set their hands and corporate seals by their proper officers, duly authorized to do so. OWNER: Design -Builder: INDIAN RIVER COUNTY AMICI ENGINEERING CONTRACTORS, LLC By: Deryl Loar, Chairman By: 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 Name Title: (Corporate Seal) (If Design -Builder is a corporation or partnership, attach evidence of authority to sign) Attest: Name: Title: (SEAL) Designated Representative: Designated Representative: Juan Barreneche, P.E. Howard Richards, P.E. 9480 SW 77 Ave, Suite 103, Miami, FL 33156 1801 27th Street, Vero Beach, FL 32960 (954) 650-4699 (772) 226-1821 juanb@amiciec.com hrichards@indianriver.gov ATTACHMENT 1— Phase 1 Pre -Construction fee and scope proposal Hobart Landing Septic -to -Sewer Agreement 23 Page 325 of 439 90L Indian River Indian River County Through: Administration Complex County, Florida 180127th Street Vero Beach, Florida 32960 From: Indian River County Website Memorandum File ID: Type: Meeting Date: 2026-602 Consent Agenda April 21, 2026 To: Board of County Commissioners Through: John Titkanich Jr., County: Administrator David Johnson, Emergency Services Director From: Alicia Reyes, Staff Assistant IV Date: 04/08/2026 Subject: Approval of Renewal for a Class `B" Certificate of Public Convenience and Necessity for Coastal Health. Systems of Brevard; Inc. to Provide Interfacility Ambulance Transportation Services Background: The Indian River County Code provides for routine renewal of the EMS 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" Certificate of Public Convenience and Necessity has been submitted by Coastal Health Systems of Brevard, Inc. Staff have reviewed the application, and no reasons are known or perceived that would require a public hearing pursuant to the established ordinance. Analysis: Budgetary Impact: Previous Board Actions: On April 12, 2024 the Indian River County Board of County Commissioners approved a renewal application for a Class `B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard, Inc. to provide interfacility ambulance medical transportation originating within Indian River County. This certificate was necessary in order to comply with Indian River Code of Laws and Ordinances as specified in Chapter 304. The certificate was approved for. a Page 326 of 439 period of two (2) years and will expire May 4, 2026. Potential Future Board Actions: This item will be brought to the board every two years for renewal approval. Strategic Plan Alignment: Public Safety Other Plan Alignment: Staff Recommendation: Staff respectfully recommends that the Board of County Commissioners approve renewal of the Class `B" Certificate of Public Convenience and Necessity for Coastal Health Systems of Brevard, Inc. to be effective for a period of two (2) years from May 5, 2026 to May 4, 2028. Attachments: 1. 01 - IR-COPCN Application Page 327 of 439 .M�Nr INDIAN RIVER COUNTY W, U DEPARTMENT OF EMERGENCY SERVICES APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY (COPCN) APPLICANT NAME: Coastal Heath Systems of Brevard INC DATE. 3/30/26 APPLICATION FEE: $100.00 APPLIES TO INITIAL APPLICATIONS ONLY. If payment applicable, make check payable to INDIAN RIVER COUNTY FIRE RESCUE. ❑ This is a new application; fee is attached. ® This is a renewal of our present COPCN. ❑ This is a renewal of our present COPCN with ownership or classification changes. CLASSIFICATION OF CERTIFICATE REQUESTED Please check applicable boxes and options. Class A ❑ _BLS _ALS Governmental entities that use advanced life support vehicles to conduct a pre- hospital EMS ALS/BLS service. Class B ❑ VBLS VALS Agencies that provide non -emergency ambulance inter -facility medical transport at the ALS/BLS level. Class C ❑ _BLS ALS Agencies that provide non -emergency ambulance inter -facility medical transports which require special clinical capabilities and require a physician's order. Class D ❑ _BLS _ALS Agencies that provide non -emergency ambulance medical transports limited to out of county transfers. WFIRE ADMIN ASSISTANTS1Beth\Beth Casano EOC\COPCNICOPCN APPLICATIONICOPCN Application docx Page 328 of 439 II. COMPANY DETAILS 1. NAME OF AGENCY: Coastal Health Systems of Brevard, Inc. MAILING ADDRESS: 486 Gus Hipp Blvd CITY Rockledge COUNTY Brevard ZIP CODE: 32955 BUSINESS PHONE: 321-633-7050 2. TYPE OF OWNERSHIP (i.e. Private, Government, Volunteer, Partnership, etc.): Private 3. MANAGER'S NAME: Brooke Taylor, CEO/President/ Chief ADDRESS: 486 Gus Hipp Blvd. Rockledge, FL 32955 PHONE #: 321-633-7050 ext -100 4. PROVIDE NAME OF OWNER(s) OR LIST ALL OFFICERS, PARTNERS, DIRECTORS, AND SHAREHOLDERS, IF A CORPORATION (attach a separate sheet if necessary): NAME ADDRESS POSITION Brooke Taylor 486 Gus Hipp Blvd. Rockledge, FL 32955 CEO/ President/ Chief Monica Van Leeuwen 486 Gus Hipp Blvd. Rockledge, FL 32955 CFO 5. PROVIDE NAMES AND ADDRESSES OF AT LEAST THREE (3) LOCAL REFERENCES NAME ADDRESS PHONE # Brevard Fire Rescue 1040 S. Florida Ave. Rockledge, FL 32955 321-633-2056 Health First 6450 US1. Rockledqe, FL 32955 321-434-4300 Parrish Medical Center 951 N. Washington Ave, Titusville, FL 32796 321-268-6111 UARRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCN\COPCN APPLICATION\COPCN Application.dou 2 Page 329 of 439 6. FUNDING SOURCE: Medicare/Medicaid, Private Insurance, DRG -MOA 7. RATE SCHEDULE ATTACHED? YES 2 NO ❑ 8. LIST THE ADDRESS OF YOUR BASE AND ALL SUB -STATIONS: Base Station = 486 Gus Hipp Blvd. Rockledge, FL 32955 III. COMMUNICATIONS INFORMATION: TYPES OF RADIOS/EQUIPMENT: P-25 800 Mhz, 4001VIhz uhf/vhf 1. RADIO FREQUENCY (ies) See Attatche Profiles N/A ❑ 2. RADIO CALL NUMBER(s) See Attatche Profiles 3. LIST ALL HOSPITALS AND OTHER EMERGENCY AGENCIES WITH WHICH YOU HAVE DIRECT RADIO COMMUNICATIONS: FROM AMBULANCE All Agencies in Brevard County All Hospitals in Brevard County Including SRMC FROM BASE STATION All Agencies in Brevard County All Hospitals in Brevard County Including SRMC IV. ADDITIONAL INFORMATION REQUIRED TO BE SUBMITTED WITH THIS APPLICATION: RENEWAL APPLICANTS NEED ONLY #'s 4 - 9 1. Factual Statement indicating the public need and services, including studies supporting the demonstrated demand and feasibility for the proposed service(s) and deficiencies in existing services, and any other pertinent data you wish to be considered. 2. Factual statement of the proposed services to be provided, including type of service, hours and days of operation, market to be served, geographic areas to be serviced, and any other pertinent data you wish to be considered. 3. 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. Copy of Standard Operating Procedures. 5. Copy of Medical Protocols. 6. Copy of your insurance policy — must show coverage limits — 7. Vehicle Information. For each vehicle provide the following: a. Make, Model, Year, Manufacturer b. Mileage c. VIN # d. Tag Number e. Passenger capacity (E/E1 classification) f. Indicate ALS/BLS (A -D classification) 8. Personnel Roster. For each employee provide the following: a. Name — Last, First and Middle Initial b. Driver's License # (if commercial, specify class) & Expiration Date ADDITIONAL INFO REQUIRED FOR A -D classifications c. Emergency Medical Service Certification and # (EMT or Paramedic) d. Expiration date of Certification e. Whether or not has an Emergency Vehicle Operation Certificate. 9. Fee Schedule Incl: Service Type, Base Rate, Mileage, Waiting & Special Charges WFIRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCN\COPCN APPLICATION\COPCN Application. docx Page 331 of 439 V. NOTARIZED STATEMENTS 1, Brooke Taylor , the representative of Applicant Name Coastal Health Systems of Brevard, Inc. Business Name of Service , do hereby attest that the above named service will provide continuous service on a 24-hour, 7 -day week basis. I do hereby attest that the above named service meets all the requirements for operation of an ambulance service in the State of Florida as provided in Chapter 401, Part III, Florida Statutes, Chapter 64E-2, Florida Administrative Code, and that I agree to comply with all the provisions of Chapter 304, Life Support Services. ALL APPLICANTS I further acknowledge that discrepancies discovered during the effective period of the Certificate of Public Convenience and Necessity will subject this service and its authorized representatives to corrective action and penalty provided in the referenced authority and that to the best of my knowledge, all statements on this application are true and correct. (2 - APPLICANT iAPPLICANTS ATURE DATE Before me personally appeared the sai A \Q) who says that he/she executed the above instrury�nt of �his/her own free will and accord, with full knowled a of the purpose thereof. SWortLant-subscribed in my presence this day of . 201 �aO oZb NOT My commission expires:b b ago- Notary Public State ofOlorlde j Felicia B. O* 00-111m My Commission •1114401959 Expires WIAM U:\FIRE ADMIN ASSISTANTS\Beth\Beth Casano EOC\COPCN\COPCN APPLICATION\COPCN Application.docx Page 332 of 439 Indian River County, Florida Memorandum Indian River County Administration Complex 180127th Street Vero Beach, Florida 32960 Indian River County Website IIA File ID: Type: Meeting Date: 2026-591 Public Items April 21, 2026 To: Board of County Commissioners Through: John Tidmnich Jr., County Administrator. From: Brandon Creagan, Chief Planner. Date: 04/08/2026 - Subject: TLC VBCS, LLC's Request for Special Exception Use and Site Plan Approval Construct and Operate a Private K-12 School [SP -SE -25-03-10 & SP -MA -25-05-19 [2024040030-97468 & 97677] (Quasi -Judicial) Background: Mills, Short & Associates, LLC, on behalf of TLC VBCS, LLC, is requesting special exception use. and site plan approval to allow for the construction and operation of a K-12. private school that will be developed in three phases. The special exception use request will cover: all three phases, with a maximum capacity of 1,194 students.. However, only Phase lis included in this site plan approval request, and each subsequent phase will require a separate site plan review and approval in the future. The site is located west of 58th Avenue, north of 13th Street. SW,. and South of 9th Street SW (Oslo Road) (see attachment 1). The site is zoned A-1, Agricultural District, a zoning district which requires special exception use approval for a. school (educational center, including primary and secondaryschools): The BCC now needs to consider the special exception use and site plan approval (Phase 1 only) request for the proposed K-12 private: school, conduct a public hearing, and vote to approve, approvewith conditions, or deny the request for special exception use. Pursuantto Section: 971.05 of the County land development regulations (LDRs), the ,BCC is to consider the: appropriateness of the requested use for the subject site and compatibility of the use with the surrounding area. The BCC may recommend reasonable conditions and safeguards necessary to mitigate impacts and ensure compatibility of the use with the surrounding area. Analysis: 1. Proj ect Site Size: 53.28 acres (Gross Project Area) -.1.33 acres MOW Dedications) _. 51.94 acres (Net Project Area) 2. Zoning Classification: A-1, Agricultural District (up to 1 unit/5 acres) Page 333 of 439 3. Land Use. Designation: AG -1, Agriculture -1 (up to 1 unit/5 acres) 4. Building Area: 34,705 SF (Phase l) 141,563 SF (Overall) 5. Impervious Area: 508,701 SF (11.68 acres) / 22.48% (Phase 1) 814,346 SF (18:69 acres) / 35.99"/0 (Overall) 6. Open Space: Required, 60.00% Proposed: 64.01% (Overall) 7. Off -Street Parking: Required: 120 spaces (Elementary and Jr..Hgh.School) Required: 240 spaces (High School) Required: 90 Spaces (Teachers & Admin Staff) Required: 117 spaces (Gymnasium) Required: 561 spaces (Stadium) (Phase 3) Proposed: 570 spaces (Overall Project) Note: The school will operate Monday through Friday(from 8:00 a.m. to 3:00 p.m.), while the stadium would typically be used after school hours. Thus, the school and stadium uses- will not compete for available parking. j 8. . Number of Students: Phase 1: 330 Students Phase 2: 444 Students Phase 3: 420 Students Total: 1;194 Students p. 9. Utilities: The site will be served by public water and sewer service provided by County Utility Services. The County Department of Utility Services and the Department of Health have approved these utility provisions. 10. Access and Traffic Circulation: Access to the project site; is provided via two: full -movement driveway connections to 58th Avenue SW and 13th Street SW (see attachment!). No other driveways are required or proposed. The traffic circulation plan includes loop roads for bus traffic and standard driving aisles for the parking areas. Any additional driveways and parking areas will be reviewed with each subsequent phase if applicable. The proposed driveway connections and traffic circulation plan have been reviewed and approved by Traffic Engineering and Fire Prevention. Additionally, Traffic Engineering reviewed and approved the project's traffic impact study (TIS) submitted by the applicant. Based on the approved TIS, off-site traffic improvements: are required and ;detailed within Section 12 of this report. 11. Stormwater Management: Thepro'ect's.stormwater management design proposes. two stormwater ponds located in the northeast corner and western edge of the project site: see: Page 334 of 439 attachment 3). Both of the stormwater ponds are proposed for construction during Phase 1. Public Works has reviewed and approved the project's preliminary stormwater management design. The final stormwater management design will be reviewed and approved by the Public Works Department via the County stormwater permitting process. 12. 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 project site exceeds 5 acres, the County's native upland set-aside criteria would apply. However, there were no intact upland plant communities identified by the Environmental Planning staff and so no preservation criteria apply to this site. c. Tree Preservation: The site is sparsely vegetated with a mixture of exotic vegetation and native trees (live oaks and cabbage palms). Mitigation is required for the removal of any native hardwood tree over 12" DBH, or cabbage palms with 10' or more of clear trunk. All invasive exotic trees will be removed during site development. County Environmental Planning staff has reviewed and approved the project's final tree protection and tree mitigation plan, which includes either providing replacement trees to satisfy mitigation requirements or payment of a fee -in -lieu into the County's tree mitigation fund. Either documentation of replacement trees is to be provided or payment for the project's approved fee -in -lieu of tree mitigation must be provided prior to issuance of land clearing and tree removal permits. 13. Required Dedications and Improvements: a. Perimeter Landscape Buffer: A 20' wide Type "C" landscape buffer is required to be installed pursuant to Section 971.14(4)(6) of the County Land Development Regulations (LDRs). This buffer is required to be installed around the entire perimeter of the property. The 20' wide Type "C" landscape buffer is proposed and provided as outlined above. This buffer shall be installed prior to the issuance of a Site certificate of occupancy for Phase 1. b. Right -of -Way Dedication for 13th Street SW: An additional 30' of right-of-way is required to be dedicated along the project's 13th Street SW frontage to make up the 60 -foot local road minimum. This right-of-way dedication must be completed prior to site plan release. c. Internal and External Sidewalks: A 5' sidewalk is required and proposed along the project site's 58th Avenue SW & 13th Street SW frontages. The project also incorporates internal sidewalks throughout the site. The applicant is required to provide all external sidewalks prior to the issuance of a site certificate of occupancy for Phase 1. All common area sidewalks are to be provided prior to issuance of a site certificate of occupancy for each respective phase. d. Roadway/Traffic Improvements: The below -referenced improvements shall be completed prior to the issuance of the site certificate of occupancy for .Phase 1. Page 335 of 439 i. Construct 58th Avenue SW to include paving and striping from the current pavement terminus to 13th Street SW. ii. Construct a southbound right turn lane on 58th Avenue SW at 13th Steet SW. iii. Construct 13th Street SW to include paving and striping from 58th Avenue SW to approximately 170' west of the project's 13th Street SW driveway connection. iv. Construct a westbound right turn lane at the project's 13th Street SW driveway connection. 14. Landscape Plan: The project's landscape plan meets all applicable landscaping regulations of Chapter 926 and 971 of the County's LDRs, including a 20' wide Type "C" landscape buffer along all property lines, interior parking area landscaping, nonvehicular area landscaping, and lake shoreline trees. All of the landscaping identified on the project's landscape plan within the landscape buffers and common/parking areas will need to be installed prior to the issuance of the site certificate of occupancy for Phase 1. 15. Concurrency: The applicant has applied for and obtained a conditional concurrency certificate for the project, which is sufficient for site plan approval. The concurrency certificate was based upon a concurrency determination that adequate capacity was available to serve the subject project at the time of the determination. It shall be noted that schools are exempt from paying impact fees, so a final concurrency certificate is not required prior to issuance of building permits for this project. 16. Surrounding Land Use and Zoning: North: Vacant/Pastureland / A-1 East: 58th Avenue SW, Single -Family Homes / A-1 & RS -3 South: 13th Street SW, Single -Family Homes / A-1 West: Pastureland, Single -Family Homes /A-1 17. Required Notice: For this project, staff was required to publish a legal advertisement in the newspaper, send out notice by mail to all property owners within 300 feet of the project site, and post a project notice sign at the project site. 18. Specific Land Use Criteria (Administrative Permit Use): Pursuant to LDR section 971.14(4), the specific criteria for the proposed school (Educational centers including schools, primary and secondary) are addressed as follows: 1. Sites for secondary schools shall be located near thoroughfares so as to discourage traffic along local residential streets in residential subdivisions. Elementary schools should be discouraged from locating adjacent to major arterial roadways; NOTE: The site fronts upon and has direct access to 58th Avenue SW, which is identified as Page 336 of 439 a major collector on the County's Thoroughfare Plan. However, the buildings that are proposed for school classrooms are setback more than 300 feet from 58th Avenue SW and 13th Street SW. Therefore, there is adequate separation for younger school -aged children that will attend the school. 2: For the type of facility proposed; the minimum spatial requirements for the site shall be similar to standards utilized by the Indian River County school board and the State; NOTE: The minimum spatial requirements provided by the proposed site design are similar to or will exceed the standards utilized by the Indian River 6unty School Board and the State of Florida. 3. Except as provided below, no building designed for occupancy by students shall be located within one hundred (100) feet of any property line not adjacent to a street or roadway, and no building designed for occupancy by students shall be located within fifty (50) feet of :any property line abutting a local road right-of-way; a. Where a building designed for occupancy by students is to be located adjacent to a mixed use or TND site, or to,a property zoned RM -6, RM -8, RM -10, commercial, or industrial, and there is a non-residential use or reduced setback project (small lot subdivision or planned development) on that adjacent property, then the building setback along that adjacent property many be reduced to no less than twenty-five (25): feet. b. Where a building designed for occupancy by students is to be located adjacent to property zoned RM -4, RM -3, single-family, or agricultural, and: there is a non-residential and non-agricultural use on that adjacent property, then the building setback for the educational use may be reduced to no less than fifty (50) feet. c. Where a setback of one hundred (100) feet is required, the setback may be reduced to fifty (50) feet if a Type B buffer with a six (6) foot opaque feature is provided within the. setback. d. Where the education facility is located adjacent to an existing cemetery,_ place of worship, childcare facility, adult care facility,.community center, school; or other non- residential use, buffer requirements for each use may be combined into a single buffer located between the education facility and: adjacent use. The single buffer shall be: greater than or equal to a Type "C" buffer. NOTE: The site is not located adjacent to.a mixed use, TND site; or any of the zoning districts mentioned above, nor has the applicant requested any building setback reductions. Based on the above -referenced school building setback: requirements, the school building must be setback 100 feet from any property lines not adjacent to it street. Each proposed building is located more than 300 feet from any property lines. 4. The applicant shall demonstrate that existing andproposed recreation, parking, and traffic circulation facilities adequately accommodate projected student enrollment including Page 337 of 439 I adequate pick-up and drop-off queue area to:ensure that vehicle queues during peak pick-up and drop-off times do not adversely impact adjacent streets: NOTE: The Engineer of Record (EOR) submitted a traffic circulation and vehicle queue plan to the County's Traffic Engineering Division and Fire Prevention Bureau during review of the site plana These plans were approved by the applicable County staff. Recreation is provided via open space areas and the various sports facilities located around the school site and away from adjacent residences. 5. No rooms within the school shall be regularly used for the housing of students when located in a single -family residential district; NOTE: This proposal does not include any housing. for students. 6. The facilities shall have a Type "C" buffer in A-1, A-2, A-3, RFD, RS-1, RS-2, RS-3 and RS-6 districts; a. The board of county commissioners may waive or reduce the buffer requirements where the educational facility is located next to an existing cemetery, place of worship, childcare facility, adult care facility, community center, school, or other non-residential use. Consideration shall be given to security, noise, and visual impacts. Where a waiver or buffer reduction is granted, normal perimeter landscaping requirements shall apply, and alternative requirements (such as fencing) may be required. NOTE: The project's proposed landscape plan provides a Type "C'? buffer along allproperty lines. Also, the applicant has not requested to waive/reduce any of the buffer requirements. 7. The facilities shall have a Type "C" buffer in all other residential districts not listed in the subsection above. a. The board of county commissioners may waive or reduce the buffer requirements where the educational facility is located next to an existing cemetery, place. of worship, child care facility, adult care facility, community center, school, or other non-residential use: Consideration shall be given to security, noise, and visual. impacts. Where a waiver or buffer reduction is granted, normal perimeter landscaping requirements shall apply, and.alternative requirements (such as fencing) may be required: NOTE: The project site is located within the A-1 zoning district. Therefore, this subsection does not apply. Budgetary Impact: N/A Previous Board Actions: At its meeting of March 26, 2026, the Planning & Zoning Commission (PZC) voted.?-0:to recommend that the BCC grant special exception use and Phase I site plan approval for Vero Page 338 of 439 i Classical School (K-12), with the conditions recommended by staff. The Phase 1 site plan,. while fully approved by the PZC, is contingent upon the BCC's approval of the special exception use to operate the proposed K-12 school. Potential Future Board Actions: MA Strategic Plan Alignment: N/A Other Plan Alignment: N/A Staff Recommendation: Based on the analysis above, staff recommends that the BCC grant special exception use and Phase 1 site plan approval for Vero Classical School (K-12), with the following conditions: 1. Prior to site plan release, the applicant shall dedicate 30' of right-of-way along the project site's 13th Street SW frontage. 2. Prior to the issuance of a site certificate of occupancy for Phase 1, the applicant shall: a. Install a Type "C landscape buffer around the entire perimeter of the project site. b. Construct external sidewalks. along the project site's 58th Avenue SW and 13th Street SW frontages. c. Construct all required off-site roadway/traffic improvements. 3. Prior to the issuance of a site certificate of occupancy for each phase: a. Install all required landscape improvements. b. Install all required. lighting improvements. c. Install all required site infrastructure improvements. 4. The maximum student enrollment shall not exceed. 1,194 students without County approval. Any future request to increase the student enrollment or to construct new principal use buildings may require additional use approvals: Attachments: 1. Location Map 2. Aerial - 3. Phasing Plan 4. Phase 1 Site Plan 5. 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I Wd VVE '3WLL 9ZOZILIM '31V0 OW NV1d 3115 Z�-4S MIMG V (PWoid—AV 419$)1-1...10—A Z'O9Z9--d \-^>a0 3111 APM IS`unknull ` a glI a t \ tHURB ���I.-, USA TODAY COO PO Box 631244 Cincinnati, OH 45263-1244 LocaliQ AFFIDAVIT OF PUBLICATION Kathy Charest Indian River County Planning 1801 27 Th Street Vero Beach FL 32960 STATE OF WISCONSIN, COUNTY OF BROWN Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Advertising Representative of the Indian River Press Journal/St Lucie News Tribune/Stuart News, newspapers published in Indian River/St Lucie/Martin Counties, Florida; that the attached copy of advertisement, being a Legal Ad in the matter of Govt Public Notices, was published on the publicly accessible websites of Indian River/St Lucie/Martin Counties, Florida, or in a newspaper by print in the issues of, on: SCN StLucie-IndianRv-Stuart 03/11/2026 SCN tcpalm.com 03/11/2026 Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Subscribed and sworn to before me, by the legal clerk, who is personally known to me, on 03/11/2026 LEgal Notary, State bf ICoupv o�8rowy My commission expires CoA RECEIVED Publication Cost: $150.96 �fc6 Tax Amount: $0.00 MAR + i 6 202 Payment Cost: $150.96 Order No: 12147018 # of Copies: Customer No: 1125971 o Indian River I;,punty PO t 1125971 2463 Planning & Development Services THIS IS NOT AN INVOICE! Please do not use this form for payment remittance. ; EKONGMENG YANG Page 1 of 2 Notary Public State of Wisconsin Page 345 of 439 NOTICE OF PUBLIC HEARING — SPECIAL EXCEPTION USE This is notice of a public hearing of the Indian River County Planning & Zoning Commission and the Indian River County Board of County Commissioners to consider recom- mending special exception use and site plan approval for the construc- tion of a K-12 private school. The school will be operated by the Vero Classical School, which will be located west of 58th Avenue, north of 13th Street SW, and South of 9th Street SW (Oslo Road) (specifically at 1275 58th Avenue SW). A public hearing, at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Planning and Zoning Commission of Indian River County, Florida, in the County Commission Chambers of the County Adminis- tration Building, located at 1801 27th Street, Vero Beach, Florida on Thursday, March 26, 2026, at 6:00 p.m. and by the Board of County Commissioners of Indian River County, Florida, on Tuesday, April 21, 2026, at 9:00 AM. Please direct planning -related questions to the Current Develop- ment Planning Section at 772-226- 1003. All documents pertaining to this request are on file in the Indian River County Planning Division, located at 1801 27th Street within building "A" of the County Admin- istration Complex. Documents may be reviewed by members of the public during normal business hours. All members of the public are invited to attend and participate in the public hearing. 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 proceed- ings is made, which includes testi- mony and evidence upon which the appeal is based. ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING MUST CONTACT THE COUNTY'S AMERICANS WITH DISABILITIES ACT (ADA) COORDI- NATOR AT 772-226-1223 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING. INDIAN RIVER COUNTY PLANNING AND ZONING COMMISSION BY -s- Jonathan F. Day, Chairman INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS BY -s- Deryl Loar, Chairman March 11 2026 LSAR0472463 RECEIVED MAR 16 2026 Indian River County Planning & Development Services Page 346 of 439 Indian River County, Florida Memorandum Type: County Administrator Matters Indian River County Administration Complex 1801 27th street Vero Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 To: Board of County Commissioners Through: David Johnson, Emergency Services Director John Titkanich Jr., County Administrator From: Suzanne Boyll, Human Resources Director Date: 04/08/2026 Subject: Ratification of Proposed Battalion Chief Collective Bargaining Agreement between Indian River County Emergency Services District and the Indian River County Firefighters/Paramedics Association IAFF, Local 2201, Effective October 1, 2025, through September 30, 2027 Background: The current Battalion Chief collective bargaining agreement between the County and the. Indian River County Firefighters/Paramedics Association, Local 2201, IAFF expired on September 30, 2025. The County and the Union tentatively agreed on a successor agreement and finalized the contract language in that agreement on March 23, 2026. The Tentative Agreement.is: effective October 1, 2025 through September 30, 2027. The proposed Agreement was submitted to the Union membership and ratified by the Union and is presented to the Board of County Commissioners for approval. The successor agreement includes the changes that have been agreed upon by the parties. The new Agreement has a duration of 2 years. Highlights of the agreement include: • Fiscal Year 25/26 4% general wage increase. retroactive to the first.full pay period in October 2025. • Annual paramedic incentive (paid biweekly) will increase from $6,000 to $6,500 beginning with the first pay period in October. 2.025 and increase to $7,000 beginning with the first pay period in October 2026. • Implementation of a three-week unpaid Kelly Day reducing the biweekly work week average from 112 hours to 96 hours (from 2912 annual hours to 2496 annual hours) and converting Battalion Chiefs from exempt salaried, to non-exempt hourly.personnel who are eligible for overtime. Implementation to occur the first pay period following ratification of the agreement by the parties and beginning with the next FISA cycle. The Page 347 of 439 current paid regular day off (RDO) every three weeks will cease upon implementation of the three-week Kelly Day. • Establishing a new pay range for the non-exempt hourly Battalion Chief position that is 10% above the pay range for the Captain position. Battalion Chiefs whose pay range is above the maximum of the range will be redlined. • Fiscal Year 26/27 4% general wage increase up to the maximum of the pay range effective the first full pay period in October 2026 for employees who are not redlined. If the 4% general wage increase would result in a pay rate above the pay range, the employee's pay will increase up to the maximum and the employee will receive the balance in a lump sum bonus. Redlined employees will receive a lump sum bonus of 4% of the maximum of the pay grade. The full Agreement incorporates the negotiated changes as well as the remaining articles of the Agreement, to include no -cost administrative corrections to language, and will be executed by the Chairman upon approval by the Board. Analysis: Budgetary Impact: The total anticipated cost of the proposed Agreement is estimated to be $228,928 over the two- year period. Funding for the first year of the Agreement is projected to cost approximately $99,605. The Fiscal Year 25/26 Approved Budget contains $73,709 for these expenses. The additional $25,896 will be funded from the Emergency Services District/Fire Rescue/Overtime account, number 11412022-011140 via budget amendment. The Fiscal Year 26/27 amount of $129,323 will be included in the proposed budget. Previous Board Actions: Potential Future Board Actions: Strategic Plan Alignment: Other Plan Alignment: Staff Recommendation: Staff respectfully recommends approval of the Agreement and requests that the Board of County Commissioners authorize its Chairman to sign the full Agreement. Attachments: Page 348 of 439 3. IAFF Battalion Chief Proposed Agreement 10. 1.25 - 9.30.7 Battalion Chief Salaries (112 to 96 hrs with 4% GWI) F41 for CBA Battalion Chief. of Operations Non -Exempt Job Description Page 349 of 439 COLLECTIVE BARGAINING AGREEMENT BETWEEN INDIAN RIVER COUNTY EMERGENCY SERVICES DISTRICT FEW E INDIAN RIVER COUNTY FIREFIGHTERS/PARAMEDICS ASSOCIATION, LOCAL 2201, I.A.F.F. October 1, 2025 — September 30, 2027 Page 350 of 439 ARTICLE1................................................................................................................................... 4 AGREEMENT............................................................................................................................ 4 ARTICLE2................................................................................................................................... 5 RECOGNITION.......................................................................................................................... 5 ARTICLE3................................................................................................................................... 6 SUPERVISORY RESPONSIBILITY/CONFLICTS OF INTEREST ........................................ 6 ARTICLE4................................................................................................................................... 8 MAINTENANCE OF STANDARDS......................................................................................... 8 ARTICLE5................................................................................................................................... 9 CONTRACT APPLICATION..................................................................................................... 9 ARTICLE6................................................................................................................................. 10 SEPARABILITY....................................................................................................................... 10 ARTICLE7..................................................................................................................................11 UNIONACTIVITY................................................................................................................... I I ARTICLE8................................................................................................................................. 12 PAYROLL DEDUCTION OF DUES....................................................................................... 12 ARTICLE9................................................................................................................................. 14 BULLETINBOARDS.............................................................................................................. 14 ARTICLE10............................................................................................................................... 15 RULES AND REGULATIONS................................................................................................ 15 ARTICLE11................................................................................................................................ 16 MANAGEMENT RIGHTS....................................................................................................... 16 ARTICLE12............................................................................................................................... 19 NO STRIKE CLAUSE.............................................................................................................. 19 ARTICLE13............................................................................................................................... 20 GRIEVANCE PROCEDURES................................................................................................. 20 ARTICLE14............................................................................................................................... 23 ARBITRATION........................................................................................................................ 23 ARTICLE15............................................................................................................................... 26 UNIFORMS AND EQUIPMENT............................................................................................. 26 ARTICLE16............................................................................................................................... 28 SAFETY AND HEALTH.......................................................................................................... 28 ARTICLE17............................................................................................................................... 30 2 Page 351 of 439 HOURS..................................................................................................................................... 30 ARTICLE18............................................................................................................................... 32 VACANCIES AND PROMOTIONS........................................................................................ 32 ARTICLE19............................................................................................................................... 33 SHIFTEXCHANGE................................................................................................................. 33 ARTICLE20............................................................................................................................... 35 OUTSIDE EMPLOYMENT..................................................................................................... 35 ARTICLE21............................................................................................................................... 36 EMPLOYEE LEAVE AND BENEFITS................................................................................... 36 ARTICLE22............................................................................................................................... 37 BEREAVEMENTLEAVE........................................................................................................ 37 ARTICLE23............................................................................................................................... 38 HOLIDAYS............................................................................................................................... 38 ARTICLE24............................................................................................................................... 39 INSURANCE BENEFITS........................................................................................................ 39 ARTICLE25............................................................................................................................... 40 LEAVE OF ABSENCE WITHOUT PAY................................................................................. 40 ARTICLE26............................................................................................................................... 41 MILEAGE ALLOWANCE....................................................................................................... 41 ARTICLE27............................................................................................................................... 42 INCENTIVEPAY..................................................................................................................... 42 ARTICLE28............................................................................................................................... 43 SALARIES................................................................................................................................ 43 ARTICLE29............................................................................................................................... 45 ENTIRE AGREEMENT/DURATION...................................................................................... 45 SIGNATUREPAGE................................................................................................................... 46 3 Page 352 of 439 ARTICLE 1 AGREEMENT 1.01 This Agreement is entered into between the Indian River County Emergency Services District, hereinafter referred to as the Employer, the County, the Fire District, the District, the Fire Department or the Department; and the Indian River County Firefighters/Paramedics Association, Local 2201, I.A.F.F., hereafter referred to as the bargaining unit or Union. 1.02 The parties realize that Indian River County has the responsibility of administering the Emergency Services District. 1.03 Whenever an action is required to be performed by a particular person, by virtue of that person's office, that action may be performed by a properly authorized deputy or designee. 1.04 Whenever the words "he", "him", or "his" are used the words shall be interpreted as including the words "she", "her" or "hers". 4 Page 353 of 439 ARTICLE 2 RECOGNITION 2.01 In accordance with Public Employees Relations Commission Certification Number 2082, the County recognizes the Union as the exclusive bargaining agent for employees in the following supervisory bargaining unit: INCLUDED: All employees of Indian River County in the classification of Battalion Chief. EXCLUDED: All other employees of Indian River County. 2.02 The Union recognizes the County Administrator and designees are the representatives of the County for purposes of collective bargaining. The County recognizes that the President of the Union and designees are the representatives of the Union for purposes of collective bargaining. Direct negotiations will not be conducted between any other parties, including the County Commission and employees in the bargaining unit. 5 Page 354 of 439 ARTICLE 3 SUPERVISORY RESPONSIBILITY/CONFLICTS OF INTEREST 3.01 It is agreed and understood that the individuals in the bargaining unit covered hereunder are supervisors whose primary duties oftentimes create a conflict of interest with the employees whom they supervise. It is, therefore, further agreed and understood that in the exercise of their supervisory duties and responsibilities, the individuals covered hereunder must, at all times while on duty, in uniform and/or while otherwise representing the County, act in the best interest of the County. Accordingly, the individuals covered hereunder will be held accountable for the faithful and efficient performance of their duties and responsibilities in accordance with their job descriptions, which may include, but are not limited to, the following: A. Supervising a shift, battalion, work group, work. area, and/or a fire/rescue station and directing related operations, including the supervision of all shift, battalion, or station personnel and the oversight of all apparatus and equipment. B. Supervising fire and rescue scenes and incidents in accordance with ICS (Incident Command System), including the direction of personnel and equipment as required. C. Assigning work duties to subordinate personnel. D. Reviewing and evaluating the performance of subordinate personnel. E. Recommending and administering disciplinary action, conducting investigations and inquiries. F. Training and/or administering the training of subordinate personnel. G. Enforcing all County and Departmental rules, regulations, policies, procedures, and guidelines, and making recommendations concerning revisions thereto. H. Purchasing materials and equipment within policy guidelines and making recommendations concerning Departmental purchases. I. Ensuring safety of personnel within the work area and on scene consistent with County policy. 6 Page 355 of 439 J. Timely and accurately completing all forms, reports, and other paperwork relating to station operations, fire and rescue incidents, daily work and activities, and personnel matters. K. Temporarily transferring/assigning subordinate employees to different assignments, as required. L. Participating in the administration of Departmental overtime and leave policies. M. Preparing budgets for their assigned programs and provide input on development of future budgets. N. Administering and participating in public education programs. O. Participating in committees, task forces, or other work groups as assigned by the Department or the County. P. Working and supporting the Fire Administration and the County Q. Performing work area inspections. R. Performing such other duties and responsibilities as are required under Department rules, regulations, policies, and procedures, and/or as assigned by appropriate management authority. 7 Page 356 of 439 ARTICLE 4 MAINTENANCE OF STANDARDS 4.01 The employer will not unilaterally change, except as allowed herein or by the Florida Public Employees Relations Act, employees' wages, hours, or working conditions established by this Agreement. 4.02 Article 4.01 notwithstanding, the provisions of this Agreement and/or pre-existing working conditions, other than monetary provisions, may be temporarily suspended in response to the formal declaration of a federal, state or local emergency or disaster. R Page 357 of 439 ARTICLE 5 CONTRACT APPLICATION 5.01 This contract and its interpretation, application, enforcement, and performance shall in all respects be governed by the laws of the State of Florida, ordinances and resolutions of the District and the Department of Emergency Services regulations. 9 Page 358 of 439 ARTICLE 6 SEPARABILITY 6.01 The parties hereto agree that should any article, section or paragraph of this Agreement be declared by a court of competent and final jurisdiction in the premises to be unlawful, invalid, ineffective or unenforceable, said article, section or paragraph shall not affect the validity and enforceability of any other article, section or paragraph hereof, and the remainder of this Agreement shall remain in full force and effect. In the event any article, section or paragraph of this Agreement is lawfully declared invalid, the Employer and the Union shall meet immediately to negotiate a replacement article. 10 Page 359 of 439 ARTICLE 7 UNION ACTIVITY The provisions of this Article shall be in conjunction with, and not in addition to, the provisions of the Rank & File Agreement. 7.01 The Employer and the Union acknowledge that the right of employees to work shall not be deprived or abridged on account of membership, non -membership, participation, or non - participation in any Union or organization. 7.02 By mutual agreement of the Employer and the Union, there is hereby established a Joint Labor -Management Committee, which shall consist of not more than three (3) members designated by the Union and three (3) members designated by the Fire Chief. The Union Committee membership shall consist of persons from within the position classification covered by this agreement, and the management membership shall consist of persons within the Department; but outside the bargaining unit as herein defined. Nothing herein requires the attendance of the Director of Emergency Services or the Union President at any Labor -Management Committee meeting. 7.03 This Labor -Management Committee shall meet if mutually agreed to by both parties, and such meetings may be held during working hours as scheduled by the Fire Chief. 7.04 The purpose of these meetings will be to discuss the problems and objectives of mutual concern, but in no way shall involve specific grievances filed or contemplated or matters which have been the subject of current collective bargaining issu s between the parties. 7.05 An agenda, listing the items for discussion, will be forwarded by the. party requesting such meeting to the other party no later than three (3) 'days prior to the meeting. 11 Page 360 of 439 ARTICLE 8 PAYROLL DEDUCTION OF DUES 8.01 The Employer agrees to deduct the prescribed dues and assessments from earnings of those employees who have signed individual notarized authorization cards for deduction of said dues and assessments. Said authorization cards shall be periodic lly certified to be current by the Union. The Employer shall remit said collections monthly to the duly designated officer of the Union. 8.02 The Union shall indemnify, exonerate, and save harmless the Employer from any claims and/or judgments against the Employer and/or Union based upon any check -off of union dues, fees, or assessments. The Employer shall give written notice to the Union by registered mail addressed to the President of the local of any claim, action, suit, or proceeding brough by an employee, person, firm, or corporation against the Employer based in whole or in part on any check -off of union dues, fees or assessments. The Union shall defend the said claim, action, suit or proceedings at its own cost and without expense to the Employer, even if such claim, suit, action, or proceeding is false, groundless, or fraudulent. 8.03 An employee transferred to a classification not in the bargaining unit, or whose employment is terminated, shall cease to be subject to check -off deduction beginning with the month in which such change in employee status occurs. 8.04 The Employer shall not be required to collect union dues in arrears. Any change in dues made by the Union will become effective after a thirty (30) day written notice by the Union to the Employer. An employee may revoke authorization for dues deduction at the employee's request upon 30 days' written notice to the County and Union. 12 Page 361 of 439 8.05 The Employer shall have the right to withhold any or all amounts collected under this article of the contract to satisfy any amounts owing to the Employer by the Union for violation of this agreement, as determined by a court, arbitrator, or other entity of competent jurisdiction. 13 Page 362 of 439 ARTICLE 9 BULLETIN BOARDS 9.01 The Union may have a bulletin board in each Emergency Services station for the posting of notices. 9.02 All materials placed upon the bulletin board by the Union will be on official IAFF letterhead and signed by the Union President or his designee. The Fire Chief or his designee shall be furnished with a copy of any material to be posted prior to posting. 9.03 Under no circumstances shall the Union post any notice containing material of a political nature or material tending to directly or indirectly disparage or demean the County or any of its elected or appointed officials or employees. 9.04 Material placed upon the bulletin board which fails to comply with, or violates, the foregoing may be immediately removed by the County. 14 Page 363 of 439 ARTICLE 10 RULES AND REGULATIONS 10.01 The employees covered hereunder shall comply with all applicable rules, regulations, policies, and procedures of the County and the Fire -Rescue Services Department. 10.02 Should the Employer exercise its right to amend or modify the Department Personnel Rules and Regulations or Standard Operating Procedures, a digital copy of any such new (or amended) rule, regulation policy, or procedure shall be provided to the Union at least ten (10) business days prior to implementation. Nothing herein shall restrict the Employer from implementing any new (or amended) rule, regulation, policy, or procedure prior to the expiration of ten (10) business days if operational necessity requires such earlier implementation. The union shall have the right to bargain over the negotiable impacts of the exercise of the employer's rights prior to implementation in accordance with applicable law. 10.03 It shall be the Employer's duty to see that all bargaining unit members are provided a digital set of the applicable Rules and Regulations and Standard Operating Procedures and future amendments. Copies of additional sets will be available digitally to the employee requesting them. 10.04 Bargaining unit employees upon arrest and/or criminal charges being initiated against them for any alleged offense or violation of law, shall immediately notify the Fire Chief. 15 Page 364 of 439 ARTICLE 11 MANAGEMENT RIGHTS 11.01 Except as specifically restricted by the provisions of this Agreement, the County reserves and retains all rights, powers, prerogatives and authority customarily exercised by Management. 11.02 Except as specifically restricted by the provisions of this Agreement, the County has the sole and exclusive right to manage and direct any and all of its operations. Accordingly, the County specifically, but not by way of limitation, reserves the sole and exclusive right to: A. Exercise complete and unhampered control to manage, direct, and totally supervise all employees of the County; B. Decide the scope of service to be performed, the method of service, and the assignment of work; C. Determine the size and composition of the workforce; D. Determine the services to be provided to the public, and the maintenance procedures, materials, facilities, and equipment to be used, and introduce new or improved services, maintenance procedures, materials, facilities, and equipment; E. Hire and/or otherwise determine the criteria and standards of selection for employment; F. Determine the number, classification, grade, and types of positions; G. Set minimum performance standards for service to be offered to the public, and set procedures and standards to evaluate the employees' job performance; H. Change, modify or alter the composition and size of the workforce, including the right to relieve employees from duty due to lack of work or lack of funding or any other business and/or operational reason, and recall employees; I. Determine the allocation and content of job classifications (including qualifications and certifications) and determine all training parameters for all bargaining unit positions, including persons to be trained and extent and frequency of training; 16 Page 365 of 439 J. Determine whether and to what extent the work required in its operation shall be performed by employees covered hereunder; K. Modify operations, duties, tasks, and/or responsibilities, temporarily or permanently, in whole or in part, due to operational requirements; determine the number, location, and operation of all divisions and all other organizational units; L. Establish, amend, revise and implement any program, policy and/or procedure, provided that such are not contrary to applicable law; M. Merge, consolidate, expand, curtail, transfer, or discontinue operations, temporarily or permanently, in whole or in part, whenever in the County's discretion business and/or operational reasons make such curtailment or discontinuance advisable; N. Contract and/or subcontract any existing or future work; O. Create, expand, reduce, alter, combine, assign, or cease any job; P. Control the use of equipment and property of the County and determine the number and classification of employees assigned to any shift, station, or piece of equipment; Q. Exercise such other management rights as set forth in Chapter 447, Florida Statutes, and/or as determined by the state or local Public Employees Relations Commission or the courts. R. The employer must have just cause to terminate employment or demote an employee. 11.03 The above rights of the County are not all-inclusive but indicate the type of matters or rights which belong to and are inherent in the County in its general capacity as management. . Any of the rights, powers, and authority that the County had prior to entering into this Collective Bargaining Agreement are retained by the County unless otherwise restricted by a specific provision of this Agreement. If the County fails to exercise any one or more of the above functions from time to time, this will not be deemed a waiver of the County's right to exercise any or all of such functions. Past practices of the District or Department relating to operations shall not be 17 Page 366 of 439 considered for the purpose of the specific and express limitations on management which are contained in this Agreement. 11.04 Nothing herein shall be deemed a waiver of the Union's right to impact bargain if, and to the extent, such right exists under applicable law. 18 Page 367 of 439 ARTICLE 12 NO STRIKE CLAUSE 12.01 The Union and employees in the bargaining unit it represents shall abide by Section 447.505, Florida Statutes and shall not participate in a strike against the County by instigating or supporting, in any manner, a strike. 19 Page 368 of 439 ARTICLE 13 GRIEVANCE PROCEDURES 13.01 Bargaining unit members will follow all written and verbal orders given by superiors even if such orders are alleged to be in conflict with the Agreement. Compliance with such orders will not prejudice the right to file a grievance within the time limits contained herein, nor shall compliance affect the ultimate resolution of the Grievance. Time flames established herein may be extended by written mutual agreement of the parties. 13.02 A grievance is defined as a dispute regarding the interpretation or application of an express provision of this Agreement. As such, grievances are limited to claims which are dependent for resolution exclusively upon interpretation or application of one or more express provisions of this Agreement. No grievance will or need be entertained or processed which does not meet this definition, is not presented in the manner described herein, and/or is not filed in a manner provided herein within the time limit prescribed herein. A grievance may be filed by a bargaining unit employee or the Union. In either case, the procedure to be followed will be the same. The grievant (whether it be the Union or an individual employee) and management may agree to waive Step One in any grievance. 13.03 Grievances will be processed in the following manner and strictly in accordance with the following stated time limits: 20 Page 369 of 439 STEP ONE: An aggrieved employee or the Union shall present in writing the grievance to the Deputy Chief within ten (10) calendar days of when the aggrieved employee or the Union knew or should have known of the occurrence of the event(s) which gave rise to the grievance. (Knowledge by the employee shall be considered knowledge by the Union.) The grievance shall be filed on the prescribed grievance forms developed jointly by the County and the Union which shall be standard forms used throughout the grievance procedure. The grievance shall be signed by the employee or Union and shall state: (a) the date of the alleged events which gave rise to the grievance; (b) the specific Article or Articles and paragraphs of this Agreement allegedly violated; (c) a statement of fact pertaining to or giving rise to the alleged grievance; and (d) the specific relief requested. The Deputy Chief or designee may discuss the grievance with the grievant (whether it be an individual employee or the Union) and shall, within ten (10) calendar days after submission of the STEP ONE grievance or discussion with the grievant (whichever is applicable), render a decision on the grievance in writing. STEP TWO: Any grievance which cannot be satisfactorily settled at STEP ONE shall then be taken up by the Fire Chief. The grievance, as specified in writing within STEP ONE above, shall be filed with the Fire Chief within ten (10) calendar days after the due date for the response in STEP ONE above. The Fire Chief or designee shall discuss the. grievance with the grievant (whether it be an individual employee or the Union) and shall, within ten (10) calendar days after submission of the STEP TWO grievance or discussion with the grievant (whichever is applicable), render a decision on the grievance in writing. 21 Page 370 of 439 STEP THREE: Any grievance which cannot be satisfactorily settled in STEP TWO above shall then be taken up with the County Administrator. The grievance, as specified in writing at STEP ONE above, shall be filed with the County Administrator within ten (10) calendar days after the due date for the Director of Emergency Services' response in STEP TWO above. The County Administrator or designee shall discuss the grievance with the grievant (whether it be an individual employee or the Union) and shall, within ten (10) calendar days after submission of the STEP THREE grievance or said discussion with the grievant (whichever is applicable), render a decision on the grievance in writing. 22 Page 371 of 439 ARTICLE 14 ARBITRATION 14.01 If the grievance is not resolved at STEP THREE of the Grievance Procedure set forth in Article 13.03, the Union, on its own behalf or on behalf of the individual employee may request arbitration by electronic mail, hand delivery, or by certified or registered mail of a written notice to the County Administrator within fourteen (14) calendar days of receipt of the County Administrator's decision. Said written notice of arbitration shall include a written statement of the position of the Union with respect to the issues upon which arbitration is sought. 14.02 Within ten (10) calendar days from the delivery of such notice of arbitration, the party requesting arbitration shall request a list of seven (7) qualified arbitrators who have a residence within the State of Florida from the Federal Mediation and Conciliation Service. The party requesting arbitration will strike an initial name from the list of arbitrators, with the parties thereafter alternately eliminating, one at a time, from said list of names, persons not acceptable, until only one (1) remains, and this person will be the arbitrator. 14.03 As promptly as possible after the arbitrator has been selected, he or she shall conduct a hearing between the parties and consider the grievance. The decision of the arbitrator will be served upon the individual employee or employees involved, the County and the Union, in writing. It shall be the obligation of the arbitrator to make their I best effort to rule within thirty (30) calendar days after the hearing. The expenses of the arbitration, including the fee and expenses of the arbitrator, shall be split equally by the parties. Any party desiring a transcript of the hearing shall bear the cost of such transcript unless both pa�ties mutually agree to share the cost. Each party shall bear the expense of its own witnesses and of its own representatives, including attorneys, for purposes of the arbitration hearing. 23 Page 372 of 439 14.04 The arbitrator shall confine his or her consideration and determination to the written grievance presented in STEP ONE of the grievance procedure. The arbitrator shall have no authority to change, amend, add to, subtract from, or otherwise alter or supplement this Agreement or any part thereof or amended thereto. The arbitrator shall have no authority to consider or rule upon any matter which is stated in this Agreement not to be subject to arbitration or is not a grievance as defined in this Agreement. 14.05 The arbitrator may not issue declaratory opinions and shall confine themselves exclusively to the question which is presented to them, which question must be actual and existing. The decision of the arbitrator shall be binding, subject to any appeal or review rights under applicable Florida law. 14.06 No decision of any arbitrator or the County in any one case shall create a basis for retroactive adjustment in any other cases. All claims for back wages shall be limited to the amount of lost wages less any employment compensation and/or interim earnings that he/she may or might have received during the period involved. 14.07 It is agreed with respect to this grievance and arbitration procedure that: A. It is the intent of the parties that a grievance must be raised at the earliest possible time. Any grievance, in order to be entertained and processed, must be submitted in a timely manner by the grievant (whether the grievant be the Union or an individual employee). B. Grievances not submitted by the grievant in a timely manner shall be conclusively barred on the merits following the expiration of the prescribed time limit. Such a time-barred grievance need not be entertained or processed, and only facts disputed as to the timing will be subject to any arbitration resulting from the matter. A 24 Page 373 of 439 grievance which is, for any reason, not the subject of a timely response by the County or by the Department shall be deemed denied at that step and the grievant may proceed to the next step. The failure to proceed on a timely basis to the next step shall bar the grievance. 14.08 Bargaining unit employees may not avail themselves of the grievance and arbitration procedures set forth in this Agreement with respect to any matters which are not expressly covered by this Agreement, such as disciplinary actions other than demotion or termination of employment. 25 Page 374 of 439 ARTICLE 15 UNIFORMS AND EQUIPMENT 15.01 The Employer will allocate sufficient funds to provide an initial allotment, and replacement in accordance with Article 15.02, for trousers, shirts, T-shirts, short and long sleeve polo shirts, shoes, hats, job shirts, jumpsuits, cap, badge and name plate. The Employer also will provide the same protective clothing and devices as provided to all members of the rank and file bargaining unit. 15.02 Uniforms and protective clothing shall be worn, and devices used, in accordance with District rules and this Agreement. The aforementioned items shall be replaced upon being lost or becoming worn or damaged as determined by management. Replacement items will be ordered within seven (7) business days of being reported lost by the employee or identified by management as worn or damaged, unless purchasing requirements necessitate additional time constraints, in which case the items will be ordered as soon as reasonably possible. All items to be replaced must be returned to the Department before new items will be issued. Employees shall be responsible for the replacement cost for any lost items, or items damaged through the employee's negligence. Whenever practical, replacement will be made on the said employee's scheduled shift. 15.03 The Employer, upon request, will provide each employee with a mattress protector. 15.04 The District agrees to reimburse the full cost for eye glasses and contact lenses not to exceed Two Hundred Dollars ($200.00) and up to One Hundred Dollars ($100.00) for wrist watches, damaged in the line of duty, provided that the damage was not caused by negligence, and that adequate proof of such damage, the circumstances of the event, and proof of original purchase price are presented to the appropriate manager and approved by the Fire Chief. 26 Page 375 of 439 15.05 The Employer shall provide and maintain a heavy-duty washer for the purpose of laundering turnout gear at all permanent stations. 15.06 The Employer shall provide storage facilities at each station based on budget requests, to house the protective clothing of firefighters assigned to that station without exposure to diesel exhaust. 27 Page 376 of 439 ARTICLE 16 SAFETY AND HEALTH The provisions of this Article shall be in can with, and not in addition to, the provisions of the Rank & File Agreement. 16.01 The County and the Union agree to cooperate to the fullest extent in the promotion of safe work practices as outlined by policies and procedures set forth by the Indian River County Administration and the Emergency Services Personnel Rules and Regulations. 16.02 The County agrees to provide safety equipment. The County agrees to continue maintaining maintenance logs and other records and to perform tests to ensure that presently used vehicles are operationally safe. 16.03 A workplace safety committee comprising of three Union representatives and three County representatives will meet quarterly and conduct its affairs in accordance with Florida Statute 633.810, its implementing regulations, and/or any amendments. The workplace safety committee may also meet upon mutual agreement or in the event of an employee death or injury in the line of duty. The committee may make recommendations regarding behavioral and mental health. Nothing in this article shall preclude the County's Human Resources Director, Risk Manager or designees from attending the Safety Committee meetings. 16.04 The County agrees to comply with Section 112.18, Florida Statutes (Special provisions relative to disability) and Sections 112.181, 112.1815, 112.1816, Florida Statutes and 29 CFR 1910.134 (OSHA standard for SCBA mask fit testing). 16.05 The Union and the County agree to the concept of a tobacco free fire service, as supported by the Professional Firefighters of Florida. Towards that end, there shall be no smoking or use of tobacco products allowed in any area of the fire stations and/or vehicles. Additionally, 28 Page 377 of 439 all bargaining unit employees hired after October 1, 2000, shall abstain, both on and off duty, from the use of tobacco products. 16.06 The Employer and the Union agree to adhere to the Emergency Medical Services protocol as set forth by the medical director. 16.07 The County shall provide immunizations for all employees who request to be immunized at the approval of the Medical Director and Fire. Chief. 16.08 The Employer agrees to provide an annual physical for each employee. This physical shall include, at least, the same testing as is done for newly -hired employees, except that chest x-rays need not be given more than every three (3) years. The results of the physical shall be provided to the employee. The Fire Chief or his designee shall only be provided written notice indicating whether or not an employee has any working restrictions, otherwise the results of any physical shall be confidential to the extent permitted by law. 16.09 The County and the Union agree to the Drug -Free Workplace Program as adopted by the County for all required testing positions. 29 Page 378 of 439 ARTICLE 17. HOURS 17.01 The basic work schedule for bargaining unit members assigned to shift shall be twenty-four (24) hour shifts on -duty and forty-eight (48) hours off-duty. Effective the first full pay period after complete ratification of this agreement by both parties, and commencing with the next currently established FLSA cycle for hourly shift employees, A. the FLSA work period shall be a twenty-one (2 1) day work period. Shift employees shall be paid time -and -one-half for all hours worked outside of their regularly scheduled work hours with overtime calculated in accordance with current practice for the Rank -and -File bargaining unit, and B. the revised job description for Operational Battalion Chief's shall take effect and all bargaining unit members shall be reclassified as non-exempt personnel under the FLSA. 17.02 The parties recognize that the employees covered by this agreement are essential to the successful operations of County facilities and services during a declared emergency. As such, the parties agree that as a condition of these employees' employment with the County, they must be available and able to report to work and perform assigned duties as directed by management during a declared emergency. The Fire Chief or his designee may allow exceptions to this requirement for extraordinary circumstances at his discretion. 17.03 Effective the first full pay period after complete ratification of this agreement by both parties and commencing with the next currently established FLSA cycle for hourly shift employees, employees shall be granted a regularly scheduled unpaid Kelly Day every seven (7) regularly scheduled shifts (every three weeks). Upon implementation of Kelly Days for Battalion Chiefs, the Regular Day Off (RDO) system shall be abolished. 30 Page 379 of 439 Prior to the implementation of the three-week Kelly Days, there shall be a Kelly Day selection process, utilizing the County's electronic scheduling software, whereby Kelly Days shall be selected based on classification seniority (total consecutive years or partial years of service in an employee's then -current classification). Thereafter, the same Kelly Days selection process will occur each October with new selections becoming effective with the first work cycle beginning on or after January 1 of that calendar year. If an employee is moved from one position or shift to another, the employee must select from among the available Kelly Days for the new position or shift. Daily Kelly Day position slots will be determined by Department policy created and updated by mutual, written agreement between the Fire Chief and Union President. In the event that mutual agreement cannot be reached, the Fire Chief retains the management right to make a final determination. In connection with the selection of any Kelly Day, if there is a tie in classification seniority, department seniority (since most recent date of hire) shall be used to break the tie. In the event a tie remains, earliest date of application for employment in the Fire Department shall prevail. Employees on light duty, while assigned to an administrative shift (i.e., 37.5 hours, Monday - Friday), shall not be permitted to reschedule their Kelly Days except when it falls on Saturday or Sunday, in which case it will be taken on the next scheduled work day. While on light duty, 8 hours of leave shall continue to be charged for full day absences and hour for hour for partial day absences. 31 Page 380 of 439 ARTICLE 18 VACANCIES AND PROMOTIONS 18.01 The selection of Battalion Chiefs will continue to be in accord with existing County and Departmental policies. 18.02 Employees who are selected for a Battalion Chief position shall serve a probationary period of twelve months. 18.03 Anyone promoted from Captain to Battalion Chief shall receive a 10 percent increase to base salary and twenty percent if promoted from Lieutenant to Battalion Chief but in no event will a Battalion Chief's base pay be below the pay range established in Article 28 herein. 32 Page 381 of 439 ARTICLE 19 SHIFT EXCHANGE 19.01 Effective the beginning of the first pay period after Union ratification and County approval of this Agreement, employees may exchange shifts up to 312 hours per fiscal year when the change does not interfere with the operations of the Fire Department, and when prior approval is granted at the discretion of the Fire Chief or his designee. In the event an employee is unable to work due to injury, illness, or disability, and has exhausted the 3!i12 hours, the Fire Chief may, in his discretion, allow additional hours. Written requests will be submitted to the Fire Chief. 19.01.1 The Fire Chief may provide a carve out for education. 19.01.2 The Union President may assign up to seventy (70) full or partial standby arrangements (in conjunction with, and not in addition to, the Rank & File Agreement). 19.01.3 Standby arrangements are subject to the limitations in Section 19.02; provided, however, that an employee of equal classification who has equal or higher qualifications shall be permitted to work the standby arrangement. 19.01.4 Standby arrangements under this Agreement shall only be used for the following: A. Executive Board Meetings (limited to Local 2201's four principal officers and Local 2201's shift stewards). B. General Union Meetings noticed to Local 2201's members. C. CBA negotiations with the District/IndianRiver County,. including impasse hearings. D. Grievance step meetings and arbitration hearing under the CBA. E. Public meetings of the Indian River County Board of County Commissioners (limited to Local 2201's four principal officers). F. Conferences, conventions, and seminars relating to union activity. G. Charitable community events and fundraisers organized by or for the benefit of a bona fide Section 501(c)(3) non-profit organization, excluding any and all forms of political activity. 33 Page 382 of 439 H. Meetings with Local 2201's attorneys regarding District/Indian River County union matters. 1. Florida PERC proceedings in which Local 2201 is a party. 19.01.5 The seventy (70) full or partial standby arrangements referenced in this Agreement, are the maximum number allowed per fiscal year, and any unused standby arrangements shall not be rolled over to the following fiscal year. 19.02 The exchanging employees shall both be of equal classification or both qualified to work in each other's classification. Exchanging employees may be required to work in their highest qualified capacity. 19.03 Vacation leave will be charged to the employee who agreed to work the shift if the employee who agreed to work the shift calls in sick. 34 Page 383 of 439 ARTICLE 20 OUTSIDE EMPLOYMENT 20.01 Bargaining unit employees shall inform the Fire Chief, in writing, of any outside employment. Outside employment which interferes, or is incompatible, with County employment may be denied. No outside employment shall be performed less than eight (8) hours prior to the start of an employee's assigned shift. 35 Page 384 of 439 ARTICLE 21 EMPLOYEE LEAVE AND BENEFITS 21.01 Except as expressly set forth in this Agreement, bargaining unit employees shall be provided leave and other benefits (eg.., medical leave, disability leave, court duty, annual leave, tuition reimbursement, etc.) in accordance with the County's Personnel Rules & Regulations and Fire -Rescue Services Department's policies. For purposes of accruals and caps for both medical/sick and annual leave, a `'day" shall be twelve (12) hours for purposes of use of leave and employees shall accrue twenty-two (22) hours of annual leave and twelve (12) hours of medical leave per month. Employees shall be allowed to accrue up to 720 hours of medical/sick leave and 900 hours of annual leave. Any hours above those caps shall be paid out to the employee consistent with the promotional policy of the County in effect at the time of promotion, which shall include payment for any hours greater than above those caps at the time of promotion being paid at the employee's pre -promotion hourly rate of pay. Further, upon separation from employment (except termination of employment with just cause), an employee shall be paid for up to 75 days (900 hours) of annual leave if hired prior to October 1, 2011, or 30 days (360 hours) of annual leave if hired on or after October 1, 2011, and, if separation from employment is due to retirement or death, an employee shall be paid for accrued medical leave which shall be capped at seven hundred twenty (720) hours paid if hired prior to October 1, 2011, or three hundred sixty (360) hours paid if hired on or after October 1, 2011. 36 Page 385 of 439 ARTICLE 22 BEREAVEMENT LEAVE 22.01 Regular full time bargaining unit employees covered by this Agreement shall be granted up to two shifts of leave with pay, or three (3) consecutive working days for those not on a 24-hour shift, for death in their immediate family without charge to medical leave, annual leave, holiday time, or other accumulated time, subject to the terms of the applicable District Rules and Regulations. At the discretion of the Fire Chief or his designee, employees may split up .the two shifts of leave with pay. All bereavement leave must be completed within 90 days of the date of death. If bereavement leave is not utilized on consecutive shifts/work days immediately following the notification of death and is later scheduled to be used on a holJday, the leave must be approved i by the Fire Chief. 22.02 For the purpose of this article, the immediate family shall include parents and step- parents, spouse, children and step -children, grandmother, grandfather, grandchild, brother, sister, step -sister, step -brother, mother-in-law, father-in-law, son-in-law, daughter-in-law, sister-in-law, brother-in-law, or legal guardian of the employee. 22.03 Employees shall be required to provide documentation within 90 days supporting their request for bereavement leave. 37 Page 386 of 439 ARTICLE 23 HOLIDAYS 23.01 The County recognizes the following holidays and any other days authorized by the Board of County Commissioners under the. auspices of the Indian River County Administrative Policy. 1. New Year's Day 2. Martin Luther King, Jr. Day 3. Good Friday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Veteran's Day 8. Thanksgiving Day 9. Friday after Thanksgiving Day 10. Last working day before Christmas 11. Christmas Day 23.02 Compensation to all Battalion Chiefs for all above -referenced holidays, whether worked or not, shall be in accord with existing County and Depar mental policy and practice as of July 2, 2025, which includes 18 hours of pay if the bargaining unit employee works the holiday and 12 hours of pay if the bargaining unit employee does not work the holiday. 38 Page 387 of 439 ARTICLE 24 INSURANCE BENEFITS 24.01 The County shall provide insurance for all bargaining unit employees and their dependents in the same manner as the County's general non -bargaining unit employees, including the retiree health insurance subsidy, hospitalization, and medical insurance. 24.02 The County shall maintain in full force and effect, and pay all premiums for, a life insurance policy on the life of each employee, payable to a beneficiary designated by the respective insured employee. Such life insurance policy shall be based on an amount equal to the employee's annual salary to the nearest high thousand as of the month following the payroll change. 24.03 Separation shall be effective as of the date of death. All compensation and benefits due to the employee as of the effective date of separation shall be paid to the beneficiary, surviving spouse, or estate of the employee as determined by law or by executed forms in the employee's personnel folder. 39 Page 388 of 439 ARTICLE 25 LEAVE OF ABSENCE WITHOUT PAY 25.01 The decision to grant leave without pay (leave of absence) is a matter of administrative discretion. It shall be incumbent upon the Fire Chief to weigh and determine each case on its own merit. Any leave of absence for a period of thirty (30) days or more must have the approval of the Fire Chief. Any appointment made to a position vacated by an employee on leave without pay shall be conditional upon the return of the employee on leave. 25.02 Any employee granted a leave of absence shall contact the Fire Chief at least two (2) weeks prior to the expiration of the approved leave in order to facilitate the reinstatement process. 25.03 Failure to return to work at the expiration of the approved leave shall be considered as a resignation. 25.04 No medical leave or annual leave will be earned by an employee for the time that the employee is on leave without pay. 25.05 Leave without pay shall not constitute a break in service, but time off will not be credited toward retirement. 25.06 Fringe benefits can be continued at the expense of the employee on any leave of absence over thirty (30) days. 40 Page 389 of 439 ARTICLE 26 MILEAGE ALLOWANCE 26.01 Employees temporarily assigned from one station to another station necessitating travel between stations will be compensated at the County's reimbursement rate if the employee chooses to use the employee's personal vehicle. Employees who choose this option must comply with the minimum county insurance requirements. If the employee chooses not to use the employee's own personal vehicle, it shall be the responsibility of the District to provide transportation between stations and back. 26.02 Application for mileage reimbursement and/or travel must be made within thirty (30) calendar days of the reimbursable travel. No mileage reimbursement will be paid in the absence of a timely request. 41 Page 390 of 439 ARTICLE 27 INCENTIVE PAY 27.01 A. A bargaining unit employee who has completed a total of eighty (80) hours in courses approved by the Fire Chief or his designee with the recommendation of the Training Bureau will receive a pay increase of ten dollars ($10.00) bi-weekly. The courses for which the employee seeks educational incentive pay must be approved by the Fire Chief or his designee with the recommendation of the Training Bureau prior to enrollment. There will be a maximum of four (4) eighty -hour blocks per employee. B. The hours involved in the Fire Fighters State Minimum Standards Basic Recruit Training are excluded from this Agreement. 27.02 A bargaining unit employee who is qualified to be on The Honor Guard will receive ($25.00) biweekly with a max of 10 spots. 27.03 As an essential requirement to be .qualified for the position of Battalion Chief, all bargaining unit employees are required at all times to be both certified paramedics and protocoled by the Medical Director and shall receive a $6,500 annual paramedic incentive for fiscal year 2025- 26 and $7,000 for Fiscal Year 2026-27. The paramedic incentives shall be paid biweekly and retroactive to the first pay period beginning on or after October 1, 2025. 42 Page 391 of 439 ARTICLE 28 SALARIES 28.01 The pay range for Battalion Chiefs employed with the County during FY 2025-26 shall be $98,076.16 to $147,114.24. Immediately upon conversion of Battalion Chief's from exempt to non-exempt personnel as prescribed in Article 17, the new pay range for Battalion Chief's shall be $90,385.18 to $129,345.22. 28.02 Effective with the first payroll period beginning on or after October 1, 2025, all bargaining unit members shall retroactively receive a four percent (40/6) general wage increase. 28.03 The pay range for Battalion Chiefs employed with the County during FY 2026-27 shall be $94,000.56 to $134,519.03 and all eligible employees shall receive, effective with the first payroll period beginning on or after October 1, 2026, a four percent (4%) wage increase up to the maximum of $134,519.03. If the employee does not receive a 4% wage increase due to reaching the maximum of the pay range, they will receive the difference in a lump sum bonus. If a Battalion Chief's current rate of pay is above the maximum of the pay range, they will receive a lump sum bonus of $5,380.76 (4% of the maximum of the pay range) in lieu of the 4% wage increase, and their rate of pay will be redlined. 28.04 Effective upon the conversion of bargaining unit employees from exempt to non- exempt under the FLSA, all non -topped out bargaining unit employees shall receive a 2.8%) wage increase up to the maximum of the pay range. Effective the first pay period in April 2027, all non - topped out bargaining employees shall receive a 2.8% wage increase up to the maximum of the pay range. 28.05 There shall be a Career Performance Incentive Program as follows: 1. Employees who have completed fifteen (15) to twenty-four (24) years of continuous, uninterrupted service with the County shall receive $1,500 annual payable biweekly. 43 Page 392 of 439 The incentive will begin effective with the first full pay period following attainment of the service requirement. 2. Employees who have completed twenty-five (25) or more years of continuous, uninterrupted service with the County shall receive $3,000 annual payable biweekly. The incentive will begin effective with the first full pay period following attainment of the service requirement. 28.06 It is agreed and understood that pay ranges and wage increases of any kind after September 30, 2027, shall be established through the collective bargaining process based solely on implementation of a new collective bargaining agreement for Fiscal Year 2027-28 (and subsequent Fiscal Years), and where required, the statutory impasse resolution process. 44 Page 393 of 439 ARTICLE 29 ENTIRE AGREEMENU/DURATION 29.01 The parties acknowledge that during negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the area of collective bargaining, and that the understandings and agreements arrived at by both parties after the exercise of that right and opportunity are set forth in this Agreement. 29.02 This Agreement shall become effective upon ratification by both parties and shall remain in effect until September 30, 2027. 45 Page 394 of 439 SIGNATURE PAGE INDIAN RIVER COUNTY INDIAN RIVER COUNTY EMERGENCY SERVICES FIREFIGHTERS/PARAMEDICS DISTRICT ASSOCIATION, I.A.RF. LOCAL 2201 LIM Union President Negotiating Committee Member Negotiating Committee Member Date: By: By: By: Chairman, BOCC County Administrator Witness Date: 46 Page 395 of 439 3 m -ri x° m x e v v o N a o 0 o E o ^d 0 o 0 0 o o �n N 3 x 0 0 0 u v o o v o m o 3 m INDIAN RIVER COUNTY Job Description Fire Rescue Battalion Chief of Operations DEPARTMENT: Emergency Services GENERAL DESCRIPTION: This position serves as a senior member of the shift supervisory team and has command level duties at the shift level with shared responsibilities for supervising and directing all activities of the Operations Battalion Chiefs within a given shift and for the efficiency, performance, and conduct of personnel under their command. Ensure compliance with all rules and regulations, standard operating procedures, policies, and directives. Inspects fire rescue personnel, stations, property, and equipment of the Emergency Services District for proper compliance. Works with the Fire Administration to ensure prescribed standards relating to the safety of personnel and training programs associated with firefighting, specialized rescue operations, basic and advanced life support are maintained. The Operations Battalion Chief reports directly to the Deputy Chief of Operations. ESSENTIAL JOB DUTIES: • Responsible for the scheduling and proper staffing of fire rescue stations & apparatus within a given shift, including the use of the electronic scheduling system, and the distribution of overtime, regular and mandatory, as applicable. • Directs the work efforts of all stations within his battalion and is responsible for the efficiency, performance, and conduct of personnel under their command. • Inspect fire rescue personnel, stations, property, equipment and reviews station officer logbook activities. • Ensures compliance with all rules and regulations, standard operating procedures, policies, and directives, and is responsible for notifying the administration of issues of such. • Responsible for documenting and notifying the Administration of disciplinary issues and enforcing discipline at the Administration's direction. • Advise, guide, and assist personnel on emergency responses as needed. Page 397 of 439 • Provides guidance or advice to those personnel seeking assistance or mentoring. • Prepare written fire rescue activities reports for review when requested by the Deputy Chief of Operations. • Ensures completion and review of personnel annual performance appraisals. • Works closely with the Administration to ensure prescribed standards relating to the safety of personnel and training programs associated with firefighting, specialized rescue operations, and basic and advanced life support are maintained. • Responsible for QA & CQI compliance of personnel as established through the Administration. • Provides input for the preparation of the annual fire operations budget. • Provides emergency medical care and transport of the sick and injured commensurate to licensure held by applicable Florida State Statutes, Rules and Regulations, SOPS, Policies, and Administrative Codes. • Perform on -scene firefighting/EMS or related duties as required. • Answers and responds to emergency calls as necessary and is responsible for Incident Command upon arrival of an emergency and may be assigned to other NIMS-ICS staff functions as qualified. MINIMUM QUALIFICATIONS: Education / Experience: Associate degree in a related field required. Ten (10) or more years of service with IRCFR, and at least three (3) years command level experience, Lieutenant or higher. Protocolled by the IRCFR Medical Director(s) Physical ability to perform the duties of firefighting and working in the conditions involved in fire rescue operations. Ability to express oneself clearly and concisely in both oral and written communications. Possess extensive knowledge of the principles, practices, methods, and equipment employed in modern firefighting, specialized rescue operations, basic and advanced life support. Page 398 of 439 Additional training in each of the following subject areas is highly desired. The Fire Chief shall determine minimum course hours after curriculum review. • Incident Command • Airport Rescue Fire Fighting • Confined Space • High Angle Rescue • Dive Rescue • Hazardous Materials A bachelor's degree in a related field is highly desired. State of Florida certified Fire Instructor I, II, or III are highly desired. State of Florida certified Fire Officer U, or III, are highly desired. This is a supervisory position where the Fire Chief maintains the right to adjust qualifications or lower eligibility requirements. An equivalent combination of education and experience determined by the Fire Chief to be directly related to the previous specific requirements may be substituted. LICENSES, CERTIFICATIONS, OR REGISTRATIONS: • Must have and maintain the appropriate D or E driver's license as required by Florida Statutes. • Current State of Florida certified Firefighter and licensed Paramedic. • State of Florida certified Fire Officer I required. SUPPLEMENTAL INFORMATION: This job description is not intended to be and should not be construed as an all-inclusive list of all the responsibilities, skills or working conditions associated with the position. While it is intended to accurately reflect the position activities and requirements, The Fire Chief reserves the right to modify, add or remove duties and assign other duties as necessary that are a assignment to the position. Page 399 of 439 JOB DESCRIPTION / ADA ACKNOWLEDGEMENT ATTESTATION I understand that a qualified employee or applicant with a disability may be afforded a reasonable accommodation to perform the essential job functions of a position in compliance with the Americans with Disabilities Act. I have read the job description for the above position and understand the job duties, requirements, and responsibilities for the position. I attest that I am able to perform the essential functions as outlined in the job description either with or without accommodation. I understand that if I require accommodation, I will contact the Human Resources Department to request accommodation. If I have any questions about the job duties described in the above job description, I should discuss them with my immediate supervisor or a member of the Human Resources staff. I have discussed any questions I may have had about this job description prior to signing this form. Employees Signature Employees Name easePrint) 3/26 DJ Date Employee Number Page 400 of 439 File ID: 2026-525 Indian River County, Florida Memorandum Type: Special Districts and Boards Indian River County Administration Complex 180127th Street Vero Beach, Florida 32960 Indian River County Website Meeting Date: April 21, 2026 W& To: Board of County Commissioners Through: John Titkanich Jr., County Administrator Sean Lieske, Utilities Director - Himanshu Mehta, Managing Director From: Catherine Lyons, SWDD Assistant Managing Director Date: 03/20/2026 Subject: Request for Approval of Interlocal Agreem nt with St. Lucie County for Recyclables Processing and Approval of Alternative Options Background: On November 12, 2019, the Indian River County (IRC) Solid Waste Disposal District (SWDD) and St. Lucie County (SLC) entered an Interlocal Agreement (ILIA): for processing of recyclable materials, Recycling Services. The ILA formalized the process whereby SWDD is responsible for the transportation costs for delivering recyclables that are generated in IRC to SLC and for SLC to accept the IRC recyclables for sorting, processing, bailing, marketing and sales of recyclable material. A first amendment to the ILA was approved by the SWDD Board on September 15, 2020. The Interlocal Agreement has an initial term that expires on September 30, 2026„ with an automatic five (5) year extension, unless one party gives notice to the other party that it does not wish to extend the ILA. On January 14, 2026, SLC informed SWDD staff that they wish to amend the current ILA with changes that would go into effect October 1, 2026. The significant change is that SWDD would now have to pay a processing fee and the term is revised as an initial four (4) year term, expiring on September 30, 2030, with an automatic renewal for an additional one (1) year. The purpose of this agenda is to update the SWDD Board on this notice from SLC and.obtain direction on a short-term and long-term approach to the processing of recyclables generated in IRC. Analysis: As a short-term approach, SWDD staff has negotiated with SLC to finalize the new ILA and recommends the SWDD Board approval. The new ILA will result in additional costs of $45 per ton to SWDD for the processing of all recyclable material received by SLC. SWDD staff Page 401 of 439 projected 22,000 tons of recyclable material will be collected for processing based on historical data, resulting in an increase in cost of $1,494,240 per year, assuming SLC accepts all recyclable materials. Periodically, SLC has limited the amount of recyclable materials they are accepting. Therefore, as a long-term approach, staff recommends the SWDD Board consider sending some materials to a private recycling processor. Based on. preliminary pricing, the first alternative option would be to send 75% of the recyclable material to SLC, and the other 25% to a private recycler, which would cost and estimated $1,807,630, including transportation costs. The second alternative option would be to send all recyclable material collected in IRC to a private recycler, at an estimated cost of $2,747,800, including transportation. If the SWDD Board is open to these alternative options, staff will work with the IRC Procurement Division to obtain representative bids and negotiate an agreement for these services for Board approval at a future date. All of these options will certainly increase the rates for our residents and will need to be factored into the next fiscal year budget rate analysis. The alternative options ensure IRC is fulfilling its commitment to recycling and diverting waste from the county landfill. Budgetary Impact: No funds are requested currently. Previous Board Actions: • Item#19-1025 November 12, 2019 - approved ILA with SLC. • Item#20-1928 September 15, 2020 - approved First Amendment to ILA with SLC. Potential Future Board Actions: Approve the new ILA with SLC. Select and approve one of the alterative recycling processing options proposed above. Strategic Plan Alignment: Infrastructure - Planning, constructing, managing, and maintaining critical public infrastructure in response to our current needs, future demands, and the expectations of our community. Embracing innovation, technology, and resiliency. Other Plan Alignment: None noted. Staff Recommendation: Staff recommends that the SWDD Board approve the Interlocal Agreement with St. Lucie Page 402 of 439 County and authorize the Chairman to execute the same after review and approval for legal sufficiency by the County Attorney's Office. Staff also recommends Board direction on one of the alternative processing options and direct staff and the County's Procurement Division to obtain bids and bring back a negotiated agreement for board approval at a future date. Attachments: Recycling Processing ILA between IRC and SLC Executed Interlocal Agreement with St. Lucie County Executed First Amendment to Interlocal Agreement with St Lucie County Page 403 of 439 INTERLOCAL AGREEMENT FOR RECYCLING SERVICES This Interlocal Agreement for Recycling Services ("Agreement") is made and entered into this day of , 2026 ("Effective Date"), by and between St. Lucie County, a political subdivision of the State of Florida ("St. Lucie"), and Indian River County, a political division of the State of Florida. ("Indian River"). RECITALS WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes) authorizes local governments "to make the most efficient use of their powers by enabling them to cooperate with other local governments on a basis of mutual advantage and thereby to provide services and facilities in a manner" that will benefit both communities; and WHEREAS, St. Lucie owns and operates a recycling facility ("Facility") that has the physical capacity to sort, process, and bale Indian River's Recyclable Materials; and WHEREAS, Indian River is willing to provide its Recyclable Materials to St. Lucie, and St. Lucie is willing to receive Indian River's Recyclable Materials, subject to the terms and conditions in this Agreement. WHEREAS, St. Lucie and Indian River entered into an Interlocal Agreement (dated November 19, 2019) concerning the management of the Recyclable Materials that Indian River collects and delivers to St. Lucie's Solid Waste management and disposal system (the "System"); and WHEREAS, St. Lucie notified Indian River that St. Lucie did not intend to renew the Interlocal Agreement when it expired on September 30, 2025; and WHEREAS, St. Lucie and Indian River now wish to revise and clarify their respective obligations, which they intend to accomplish by replacing the existing Interlocal Agreement with this Agreement; and NOW, THEREFORE, in consideration of the promises and mutual covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, St. Lucie and Indian River agree to comply with and be bound by the following terms and conditions: Section 1. Recitals, 1.1 The recitals set forth above are true, correct, and incorporated into this Agreement. Page 1 of 16 Page 404 of 439 Section 2. Statutory Authority. 2.1 The statutory authority to enter into this Agreement is granted to St. Lucie and Indian River by Chapter 163, Florida Statutes (2020). Section 3. General Purpose. 3.1 St. Lucie and Indian River are entering into this Agreement because they wish to establish the terms and conditions that will govern their activities when Indian River delivers Recyclable Materials to St. Lucie's Facility for St. Lucie's acceptance and processing. Section 4. Definitions. 4.1 The capitalized words and phrases in this Agreement shall have the meanings set forth in this Section 4. If a word or phrase is not defined in this Agreement, the definitions in Chapter 403, Florida Statutes, and Title 62, Florida Administrative Code, in effect on the Effective Date shall be used to supplement the definitions in this Agreement. If there is a conflict between a definition contained herein and any other definition, the definition contained herein shall control when construing this Agreement. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which is in effect or is enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of Indian River or St. Lucie under this Agreement. Board means (a) the Board of County Commissioners of Indian River County, or (b) the Board of County Commissioners of St. Lucie County, or (c) both, as indicated by the context of this Agreement. County Administrator means the chief administrative officer of a Party or their designee. Effective Date means the latter of (a) the date when this Agreement is signed and duly executed by St. Lucie or (b) the date when this Agreement is signed and duly executed by Indian River. Excessive Amount means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, where twenty-five percent (25%) or more of the Load is comprised of Non -Conforming Material. Facility means the recycling facility that is owned and operated by St. Lucie at 6120 Glades Cut -Off Road, Ft. Pierce, Florida. Page 2 of 16 Page 405 of 439 Force Majeure means the following events and circumstances, but only to the extent that they delay or preclude a Party from performing one or more of its obligations under this Agreement: (a) a hurricane, tornado, lightning, flood, fire, explosion, or epidemic; (b) acts of war, terrorism, insurrection, riots, civil disturbances, or national or international calamities; (c) suspension, termination, or interruption of utilities necessary to a Party's operations or duties under this Agreement; (d) an injunction, or a legal or equitable proceeding brought against a Party, or a change in Applicable Law; (e) a malfunction or breakdown at the Facility; and (f) any act, event, or condition that is determined by mutual agreement of the Parties to be of the same general type as the events of Force Majeure identified in (a) through (e), above. Indian River means the government of Indian River County, Florida, acting through the Board of County Commissioners of Indian River County or the Board's designees. Load means the Recyclable Materials and other cargo in a truck or tractor trailer that transports Recyclable Materials to St. Lucie's Facility. Non -Conforming Material means any material that is not a Program Material. Non -Conforming Material also includes but is not limited to: (a) any Program Material that is mixed with or contaminated by solid or liquid waste; and (b) any Program Material that cannot be processed at the Facility or cannot be sold because it is too wet, too old, or otherwise in unacceptable condition. Party means, depending on the context, either Indian River or St. Lucie. Parties means Indian River and St. Lucie. Program Material means those Source Separated Recyclable Materials that St. Lucie will accept for recycling at its Facility. The current list of Program Materials is contained in Exhibit "A." Recyclable Material means those materials that are capable of being recycled. This term may be used interchangeably with Program Material. Source Separated means that Recyclable Materials are separated from solid waste at the location (e.g., a home) where the Recyclable Materials and solid waste are generated. Source Separated does not require that the various types of Recyclable Materials must be separated from each other, and recognizes that some Non -Conforming Material may be included in the Recyclable Materials, as provided in Exhibit "B." St. Lucie means the government of St. Lucie County, Florida, acting through the Board of County Commissioners of St. Lucie County or the Board's designees. Page 3 of 16 Page 406 of 439 Section 5. Charges and Payments 5.1 Payment of Fees by Indian River, Indian River's Franchisee, or Indian River's Permittee. Commencing on the Effective Date of this Agreement and continuing for the term of this Agreement, the St Lucie County shall deliver invoices to Indian River on a monthly basis for the fees that Indian River owes to the County, based on the then current and applicable Per Ton Fee, for Non -Conforming Materials and Recyclable Materials delivered to the Point of Entry into the System. The monthly agreement invoice shall be paid by Indian River within 30 days of receipt of an accurate invoice. In the event of a disputed amount on an invoice, Indian River shall email the details of the disputed transaction within 10 days of receipt, after that time an invoice will be considered accepted and accurate. St. Lucie shall verify, and correct the monthly invoice if needed. 5.2 Maximum Fees. As of the Effective Date of this Agreement, the St. Lucie covenants and agrees that the Per Ton Fees for the processing of the Indian River's Recyclable Materials and the Per Ton Fees for the disposal of Indian River's non- conforming material, shall be fixed through September 30, 2030 and shall not be increased above the Per Ton Fees shown in the table below, unless: (a) the St Lucie and Indian River mutually agree to revise the Per Ton Fees to enable them to implement a waste to energy technology; or (b) the increase is otherwise authorized herein. Table 1: Per Ton Fee schedule: 5.3 Changes in Law. If any federal, state or local law or agency action (excluding action by the County or a County agency) in the future shall invalidate, supersede or preempt this Agreement or impose conditions on the System that will increase the County's cost to operate the System, the Per Ton Fees shall be adjusted in the following fiscal year. If such an event occurs, written notice shall be provided by St. Lucie to Indian River, as expeditiously as possible, for proper budgeting and tax roll preparations. Section 6. Specific Conditions. 6.1 Subject to the conditions herein, all Recyclable Materials that Indian River collects may be delivered to St. Lucie's Facility for sorting, processing, baling, marketing, and sale by St. Lucie and in accordance with the end market specifications to maximize revenues, contemplated in Exhibit "C". 6.2 Indian River shall deliver the Recyclable Materials to St. Lucie's Facility during the Facility's normal business hours. The Facility's normal business hours currently are Page 4of16 Page 407 of 439 Recycling per ton Non -conforming Material(per ton October 1, 2026 through September 30, 2030 $45 $79 5.3 Changes in Law. If any federal, state or local law or agency action (excluding action by the County or a County agency) in the future shall invalidate, supersede or preempt this Agreement or impose conditions on the System that will increase the County's cost to operate the System, the Per Ton Fees shall be adjusted in the following fiscal year. If such an event occurs, written notice shall be provided by St. Lucie to Indian River, as expeditiously as possible, for proper budgeting and tax roll preparations. Section 6. Specific Conditions. 6.1 Subject to the conditions herein, all Recyclable Materials that Indian River collects may be delivered to St. Lucie's Facility for sorting, processing, baling, marketing, and sale by St. Lucie and in accordance with the end market specifications to maximize revenues, contemplated in Exhibit "C". 6.2 Indian River shall deliver the Recyclable Materials to St. Lucie's Facility during the Facility's normal business hours. The Facility's normal business hours currently are Page 4of16 Page 407 of 439 8:00 A.M. until 5:00 P.M., Monday through Friday, and from 8:00 A.M. until 12:00 P.M. (noon) on Saturdays, except holidays. Any changes to these operating hours shall be communicated to the Indian River Manager or designate within 72 hours of taking effect. 6.3 Indian River shall use its best efforts to ensure that Indian River does not place Solid Waste or other types of Non -Conforming Material into the trucks and trailers used to transport Recyclable Materials from Indian River to St. Lucie's Facility. St. Lucie shall have the right to reject any Non -Conforming Material that Indian River tenders to St. Lucie at the Facility, subject to the requirements in Exhibit "B." 6.4 All Recyclable Material delivered to St. Lucie by Indian River must be weighed on a certified scale at the Facility. St. Lucie shall prepare and maintain accurate records concerning the date, time, and weight of the shipments from Indian River to the Facility. St. Lucie shall provide copies of Indian River's Recyclable Materials scale tickets with the respective monthly invoice pursuant to this Agreement. St. Lucie shall prepare and submit reports to the Florida Department of Environmental Protection concerning the Recyclable Materials delivered to the Facility, as required under Applicable Law. 6.5 Indian River shall be solely responsible for and shall pay all of the associated costs for collection, transportation, and delivery of Recyclable Materials to the Facility, as well as transporting and disposing of any Non -Conforming Material that is rejected by St. Lucie. St. Lucie shall be solely responsible for, and shall pay all of the costs for sorting, processing, baling, marketing, and selling the Program Materials that Indian River delivers to the Facility. Indian River shall not pay any fee to St. Lucie outside as otherwise provided within this Agreement. St. Lucie shall retain any revenues it receives from the sale of Indian River's Program Materials, except as otherwise provided in Exhibit "C", below. 6.6 All of Indian River's rights, title, and interest in the Recyclable Materials shall be transferred automatically to St. Lucie when St. Lucie accepts the Recyclable Materials at the Facility. 6.7 St. Lucie and Indian River agree to fully cooperate with each other and perform all acts necessary for the successful implementation of this Agreement. St. Lucie and Indian River shall comply with all Applicable Laws when performing their respective duties under this Agreement. St. Lucie and Indian River shall each be responsible for the acts, errors, and omissions of their respective officers, employees, agents, and other representatives when they are conducting activities pursuant to this Agreement. 6.8 A waste composition study, if performed, will be shared with Indian River. Section 7. Term and Termination. 7.1 This Agreement shall be binding on the Parties from the Effective Date until this Agreement expires or is terminated in compliance with the requirements herein. The Page 5 of 16 Page 408 of 439 initial term of this Agreement shall expire on September 30, 2030. At the end of the initial term, this Agreement shall be renewed and extended automatically, without any further action by either Party, for an additional term of one (1) year, unless one Party provides notice to the other Party on or before October 1, 2029 that it does not wish to extend this Agreement. This new term is from October 1, 2030 through September 30, 2031. At the end of this term, there shall be one (1), one year automatic renewal to extend this agreement and all terms contained within for the period of October 1, 2031 through September 30, 2032. Both parties shall initiate in mutual discussions for further renewal and extensions of this Agreement one year prior to the final expiration of the Agreement. 7.2 Either Party may terminate this Agreement for convenience, with or without cause, after giving written notice in compliance with Section 11, below. If a Party gives notice that it wishes to terminate this Agreement for convenience, the termination shall be effective 180 days after the notice of termination is delivered to the other Party. 7.3 Notwithstanding anything else contained herein, the County Administrators for Indian River and St. Lucie are hereby granted the authority to: (a) terminate this Agreement for convenience; and (b) designate any date they mutually select for the termination. If the Administrators wish to deviate from the requirements in Section 7.2, both County Administrators must confirm in writing that they approve the designated date for the termination. The County Administrators do not need to obtain prior approval from either Board before the County Administrators exercise the authority granted to them under this Section 7.3. Section 8. Force Maieure. A delay or failure of performance by a Party shall not constitute a default hereunder and shall not give rise to any claims for damages, if and to the extent that such delay or failure is caused by an event of Force Majeure and the event of Force Majeure (a) is beyond that Party's reasonable control and (b) materially and adversely affects that Party's ability to perform its obligations under this Agreement. A Party whose performance is affected by an event of Force Majeure shall give written notice thereof to the other Party as soon as reasonably practicable and within 24 hours of the event's start, and shall use commercially reasonable efforts to immediately remove or overcome the impediment to its performance under this Agreement. Adequate evidence shall be provided with notice, including what the Force Majeure event is and the duration and impact of said event will be to St. Lucie's ability to process Recyclable Material under this agreement. Section 9. Dispute Resolution. The Parties shall use their best efforts to resolve any disputes under this Agreement amicably, in an informal manner, without resorting to litigation. If the Parties are unable to resolve the dispute in a mutually acceptable manner, either Party may file Page 6 of 16 Page 409 of 439 suit for injunctive relief, mandamus, or specific performance, or exercise any other legal or equitable remedies to enforce the obligations and covenants in this Agreement. Section 10. Amendment. This Agreement may be amended only by a written document that is signed by both Parties and approved by each Party's Board, except: (a) as otherwise provided in Section 6.3, above; and (b) the list of Program Materials in Exhibit "A" may be amended with the written consent of the County Administrators for Indian River and St. Lucie, without obtaining the approval of the Board for either Party. Section 11. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be hand -delivered by messenger or courier service, or sent by facsimile communication or e-mail, or mailed by registered or certified mail (postage prepaid) return receipt requested, and shall be addressed to: As to Indian River County: With a copy to: As to St. Lucie County: With a copy to County Administrator Indian River County 1801 27th St Vero Beach, FL 32960 County Attorney Indian River County 1801 27th St Vero Beach, FL 32960 County Administrator St. Lucie County 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 County Attorney St. Lucie County 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 The documents shall be deemed to have been duly delivered when personally delivered, or when transmitted by facsimile communication or e-mail and receipt is confirmed by telephone, or when delivered by U.S. Mail (return receipt requested) or courier service as shown by the return receipt. Page 7 of 16 Page 410 of 439 Section 12. Assignment. Neither Party shall assign this Agreement to any other person or entity without first obtaining the non -assigning Party's written approval. Section 13. Waiver. No waiver by either Party of a term or condition of this Agreement shall constitute a waiver of any other term or condition. The failure of either Party to insist upon strict performance of any of the terms or conditions in this Agreement shall not be considered to be a waiver or relinquishment of such term or condition. There shall be no waiver of any term or condition in this Agreement unless the waiver is in writing and signed by the Party waiving its rights under this Agreement. Section 14. Severability. Should any provision, paragraph, sentence, word, or phrase in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary to conform with Applicable Law or, if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions in this Agreement shall remain in full force and effect. Thereafter, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Section 15. Exhibits. Exhibits 'A" "B", and "C" are attached hereto and incorporated herein by reference. Section 16. Previous Aareements. This Agreement embodies the entire understanding of the Parties concerning all of the matters discussed herein. Upon the Effective Date, this Agreement shall supersede and replace all prior agreements between the Parties pertaining to the issues addressed herein. Section 17. Filinq with Clerk of the Circuit Court. Pursuant to Section 163.01 (11), Florida Statutes, this Agreement and all subsequent amendments shall be filed with the Clerk of the Circuit Court of St. Lucie County and with the Clerk of the Circuit Court of Indian River County. This Agreement and subsequent amendments shall not become effective until they are filed with both clerks. Each Party shall be responsible for the cost of recording such documents with their respective Clerk. Page 8 of 16 Page 411 of 439 IN WITNESS WHEREOF, the Parties have caused the execution of this Agreement by their duly authorized officials on the dates stated below. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: Deputy Clerk Chair DATE: APPROVED AS TO FORM AND CORRECTNESS: County Attorney Page 9 of 16 Page 412 of 439 ATTEST: Ryan L. Butler, Clerk of Court and Comptroller Deputy Clerk DATE APPROVED BY SWDD: APPROVED BY: BY OWNER: SOLID WASTE DISPOSAL DISTRICT INDIAN RIVER COUNTY, FLORIDA Deryl Loar, Chairman APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: John A. Titkanich, Jr., County Chris Hicks, Assistant County Attorney Administrator Page 10 of 16 Page 413 of 439 EXHIBIT "A" LIST OF PROGRAM MATERIALS Bottles, Containers, Jars, Jugs Made of Plastic #147 or Glass. Examples include but are not limited to: plastic soft drink bottles, water bottles, sports drink bottles, mouthwash bottles, salad dressing bottles, peanut butter jars, Milk jugs, shampoo bottles, laundry detergent bottles, yogurt and margarine tubs. Empty & Rinse. NO Plastic Bags. Aluminum Beverage & Food Cans made of Aluminum. Examples include, but are not limited to: aluminum beverage containers, food trays without food residue, sheets and flexible containers. Empty, Rinse & Recycle. Steel and Tin Cans Beverage & Food Cans made Steel or Tin. Examples include but are not limited to: empty steel and tin aerosol cans, bi-metal containers, lids composed primarily of whole iron or steel. Paper labels are acceptable. Cookie Sheets, Lids, Pots & Pans made of metal. Aerosol cans containing household hazardous material are not acceptable. Empty, Rinse & Recycle. Cardboard Moving, Shipping, Shoe Boxes, etc. Remove Packing Material/Plastic Wrap and Flatten. NO Greasy Pizza Boxes. Paper Catalogs & Magazines, Envelopes, Mail, Newspaper & Inserts, Office & Writing Paper, Postcards, telephone books. Clean, Dry & Flat. NO Shredded Paper. Paperboard Boxes Cereal, Cracker, Pasta, Snack Boxes, etc. Remove Plastic Bags & Plastic Wrap. Page 11 of 16 Page 414 of 439 EXHIBIT "B" PROCEDURES FOR REJECTING NON -CONFORMING MATERIAL 1. When St. Lucie decides whether to accept or reject Recyclable Material that has been delivered to the Facility by Indian River, St. Lucie shall use the same criteria that St. Lucie uses when it decides whether to accept or reject Recyclable Material delivered to the Facility by other persons. Stated differently, St. Lucie shall not discriminate against Indian River when accepting or rejecting Recyclable Material. 2. St. Lucie shall have the right to reject any item, material, Load, or partial Load that Indian River tenders to St. Lucie at the Facility if St. Lucie believes the item, material, Load, or partial Load is solid waste, hazardous waste, biomedical waste, or other type of Non -Conforming Material that St. Lucie cannot safely, lawfully, or efficiently process at its Facility. If St. Lucie rejects any Non -Conforming Material delivered by Indian River, Indian River shall remove it from the Facility. 3. Subject to the conditions in the Agreement and this Exhibit "B," St. Lucie shall have the right to reject any Load of material tendered by Indian River at the Facility if St. Lucie determines that the Load contains an Excessive Amount of Non -Conforming Material. Excessive Amount means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, that 25% or more of the Load is comprised of Non -Conforming Material. The 25% threshold may be based on volume or weight, as St. Lucie deems appropriate under the circumstances. When determining whether the Load exceeds this threshold, St. Lucie may rely on a visual observation and good faith estimate concerning the volume or weight of the Non -Conforming Material. At its option, St. Lucie may weigh or measure the Non -Conforming Material in the Load, but St. Lucie is not obligated to do so. 4. If St. Lucie decides to reject a Load of Recyclable Material that has been delivered to the Facility by Indian River, St. Lucie shall: (a) isolate the Load at the Facility; (b) take several representative photographs of the Load from different perspectives; and (c) send the photographs to Indian River via electronic mail ("e-mail"), which shall include a statement notifying Indian River that St. Lucie intends to reject the Load depicted in the photographs. For the purposes of this Exhibit "B", St. Lucie's e- mail shall be addressed to the Manager of Indian River's Solid Waste Department, and a copy shall be addressed to the Manager's designee. 5. Indian River shall confirm receipt of the rejection email and promptly respond to the e-mail from St. Lucie. More specifically, Indian River shall state that: (a) Indian River accepts St. Lucie's determination, in which case St. Lucie may immediately reject the Load; or (b) Indian River objects to St. Lucie's determination, in which case Indian River shall have the right to physically inspect the Load before St. Lucie makes any final determination concerning the disposition of the material, provided that Indian River conducts its inspection in compliance with the timeframes set forth in this Section 5. If St. Lucie provides notice to Indian River before 12:00 p.m. (noon) on a weekday, Indian Page 12 of 16 Page 415 of 439 River must conduct its inspection before 5:00 p.m. on that same weekday. If St. Lucie provides notice to Indian River after 12:00 p.m. (noon) on a weekday, Indian River must conduct its inspection before 12:00 p.m. (noon) on the next day that the Facility is open for business. If St. Lucie provides notice to Indian River on a Saturday, Indian River must conduct its inspection before 12:00 p.m. (noon) on the next day that the Facility is open for business. St. Lucie may reject the Load if Indian River fails to respond to St. Lucie's e-mail within four (4) business hours or fails to inspect the Load within the timeframes described in this Section 5. 6. If Indian River's Manager or designee inspects the Load and disagrees with St. Lucie's determination, the representatives of Indian River and St. Lucie shall work together in good faith and thereby attempt to resolve their differences informally. In such cases, St. Lucie shall be bound by the requirements contained herein, including but not limited to the 25% threshold for Excessive Amounts of Non -Conforming Material, but St. Lucie shall retain the exclusive authority to decide whether it will accept or reject the Load at its Facility. Page 13 of 16 Page 416 of 439 EXHIBIT "C" PROCEDURES FOR REVENUE SHARING Segregated Loads of OCC 1. If Indian River delivers segregated Loads of Old Corrugated Cardboard ("OCC") to St. Lucie's Facility on or after October 1, 2026, St. Lucie and Indian River shall share the revenues derived from the sale of that OCC, subject to the conditions contained in the Agreement and this Exhibit "C." 2. The weight of Indian River's OCC shall be determined by weighing the OCC when it arrives at St. Lucie's Facility. If the scales at St. Lucie's Facility are not operating and Indian River did not record the weight of the OCC, the weight of the OCC shall be estimated by St. Lucie, based on the average weight of the Indian River's prior deliveries of segregated Loads of OCC. Program Materials 3. If Indian River delivers Program Materials to the St. Lucie's Facility on or after October 1, 2026, St. Lucie and the Indian River shall share the revenues derived from the sale of those Program Materials, subject to the conditions contained in the Agreement and this Exhibit "C." The general provisions in Section 2 above, shall apply when determining the weight of the Program Materials. Billing Procedures 4. St. Lucie shall prepare an audited, public -facing annual report for the prior fiscal year ending September 30th and provide this report to Indian River by October 30th. The report shall outline all revenue received and all operating and maintenance expenses incurred from the processing and sales of Program Materials and segregated OCC. A sample report is provided in Exhibit D, however, a different format may be used. If the report shows that revenue exceeded expenses, St. Lucie and Indian River shall share in the net revenue (profit), as described in Section 5, below. 5. St. Lucie shall receive one-half (50%) of the net revenue. Indian River shall receive part or all of the remaining one-half (50%) of the net revenue, subject to the following provisions of this Section 5. Indian River's share of net revenue shall be proportional to the percentage of the total tonnage of Program Materials and segregated OCC delivered by the Indian River in relation to the total tonnage of such materials received by St. Lucie from all sources during the applicable fiscal year. St. Lucie shall include a summary of these percentage calculations in the annual report..The formula for calculating profit sharing shall be as follows: Indian River Share = (Indian River Tons = Total Tons) X 50% X Net Revenue. Page 14 of 16 Page 417 of 439 For example, if, during a given fiscal year, Indian River delivers 6,000 tons of Program Materials and segregated OCC to St. Lucie, and the total combined tonnage from all sources is 10,000 tons, then Indian River's portion would be 60% of the total tonnage. If the net revenue for that fiscal year is $200,000, Indian River's share would be: (6,000 10,000) x 50% x $200,000 = $60,000. 6. St. Lucie shall provide Indian River with a summary statement of its annual report and shall make available any supporting public records upon request. Payment to Indian River shall be made within thirty (30) days after the completion of the report. Page 15 of 16 Page 418 of 439 EXHIBIT "D" REVENUE SHARING ANNUAL AND QUARTERLY REPORTS Annual Report: Due October 30th Quarterly Reports Due: January 30th, April 30th, and August 30th Financial Summary IMP Category Source of Recyclable Materials Tons Delivered Amount ($) Total Revenue from Sale of Materials $ 500,000.00 Total Recycling Tipping Fee Collected $ 415,000.00 Total Operating & Maintenance Expenses $ 800,000.00 Net Revenue (Profit) $ 115,000.00 Color Key Cells updated Annually Cells Automatically Calculated Tonnage Tip Fee Summary Revenue Available for Sharing: $ 57,500.00 Source of Recyclable Materials Tons Delivered Tip Fee Tipping Fees Collected Indian River County 4,000 $ 45.00 $ 180,000.00 Unincorporated St. Lucie County 3,500 $ 35.00 $ 122,500.00 Other Municipalities 2,500 $ 45.00 $ 112,500.00 Total Received by Countyl 10,000 $ 415,000.00 Revenue Distribution Revenue Available for Sharing: $ 57,500.00 Entity % of Total Tons Total Revenue Share Indian River County 40% $23,000 Unincorporated St. Lucie Count 35% $20,125 OtherMunici alities 25% $14,375 Total Split Net Revenue $57,500 l .. iNotes: In this example, SLC receives one-half ($100,000) of the net revenue ($200,000). `With regard to the revenue available for sharing with Indian River, SLC receives the revenue share for Unincorporated ureas and non -account holding customers. Other Municipalities receive their proportionate share subject to the conditions of the interlocal agreements in place with those entities. This sample report follows the revenue sharing procedure described in the example in Exhibit C. Page 16 of 16 Page 419 of 439 BOARD OF COUNTY COMMISSIONERS Dylan Reingold, County Attorney William K. DeBraal, Deputy County Attorney Susan J. Prado, Assistant County Attorney OFFICE OF COUNTYA TTORNEY January 3, 2020 Daniel S. McIntyre County Attorney ST. LUCIE COUNTY 2300 Virginia Avenue Ft. Pierce, FL 34982-5652 Re: Interlocal Agreement for Recycling Services Dear Dan: Pursuant to your December 3, 2019 letter of instruction, enclosed are: • original recorded (in Indian River County) Interlocal Agreement for Recycling Services; and • two signed originals of Interlocal Agreement for Recycling Services. Once you have had the Agreement recorded in St. Lucie County, please forward a copy to me for our records. Sincerely, Dylan Reingold County Attorney /nhm enclosures cc: Jason E. Brown—County Administrator Vincent M. Burke — Director, Utility Services Himanshu Mehta — Managing Director, SWDD 1801 271h Street, Vero Beach, Florida 32960-3365• (772) 226-1424• Fax (772) 569-4317 ircattorney@ircgov.com Page 420 of 439 3120190072795 RECORDED IN THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 3261 PG: 2450,12/16/2019 9:28 AM INTERLOCAL AGREEMENT FOR RECYCLING SERVICES This Interlo I Agreement for ecycling Services ("Agreement") is made and entered into this day of , 2019 ("Effective Date"), by and between St. Lucie County, a political subdivision of the State of Florida ("St. Lucie"), and Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida ("Indian River"). RECITALS WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes) authorizes local governments "to make the most efficient use of their powers by enabling them to cooperate with other local governments on a basis of mutual advantage and thereby to provide services and facilities in a manner" that will benefit both communities; and WHEREAS, Indian River collects Recyclable Materials in Indian River County and then delivers those materials to a private contractor's facility, where the Recyclable Materials are sorted and processed before being sold; and WHEREAS, the contractor's processing facility shutdown in August 2019 due to unanticipated problems and Indian River does not know when the contractor's facility will resume operations; and WHEREAS, St. Lucie owns and operates a recycling facility ("Facility") that has the physical capacity to sort, process, and bale Indian River's Recyclable Materials; and WHEREAS, Indian River asked St. Lucie to accept Indian River's Recyclable Materials on an emergency basis, and St. Lucie agreed to provide this service, pursuant to a letter agreement dated August 16, 2019; and WHEREAS, Indian River and St. Lucie wish to memorialize their understanding and provide for a long-term relationship in the event the contractor's facility does not resume operations in a timely manner or is unable to operate in the future; and WHEREAS, Indian River is willing to provide Indian River's Recyclable Materials to St. Lucie, and St. Lucie is willing to receive Indian River's Recyclable Materials, subject to the terms and conditions in this Agreement. NOW, THEREFORE, in consideration of the promises and mutual covenants set forth herein, the receipt and sufficiency of which are hereby acknowledged, St. Lucie and Indian River agree to comply with and be bound by the following terms and conditions: Page 1 of 15 Page 421 of 439 BK: 3261 PG: 2451 Section 1. Recitals. The recitals set forth above are true, correct, and incorporated into this Agreement. Section 2. Statutory Authority. The statutory authority to enter into this Agreement is granted to St. Lucie and Indian River by Chapter 163, Florida Statutes (2018). Section 3. General Purpose. St. Lucie and Indian River are entering into this Agreement because they wish to establish the terms and conditions that will govem their activities when Indian River delivers Recyclable Materials to St. Lucie's Facility for St. Lucie's acceptance and processing. Section 4. Definitions. The capitalized words and phrases in this Agreement shall have the meanings set forth in this Section 4. If a word or phrase is not defined in this Agreement, the definitions in Chapter 403, Florida Statutes, and Title 62, Florida Administrative Code, in effect on the Effective Date shall be used to supplement the definitions in this Agreement. If there is a conflict between a definition contained herein and any other definition, the definition contained herein shall control when construing this Agreement. Applicable Law means any local, state or federal statute, law, constitution, charter, ordinance, judgment, order, decree, permit, rule, regulation, standard or similar binding authority, or a judicial or administrative interpretation of any of the same, which is in effect or is enacted, adopted, promulgated, issued or enforced by a governmental body during the term of this Agreement, and relate in any manner to the performance of Indian River or St. Lucie under this Agreement. Board means (a) the Board of County Commissioners of Indian River County, sitting as the Board of the Indian River County Solid Waste Disposal District, or (b) the Board of County Commissioners of St. Lucie County, or (c) both, as indicated by the context of this Agreement. County Administrator means the chief administrative officer of a Party or their designee. Effective Date means the latter of (a) the date when this Agreement is signed and duly executed by St. Lucie or (b) the date when this Agreement is signed and duly executed by Indian River. Page 2 of 15 Page 422 of 439 BK: 3261 PG: 2452 Excessive Amount means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, that twenty-five percent (25%) or more of the Load is comprised of Non -Conforming Material. Facilit means the recycling facility that is owned and operated by St. Lucie at 6120 Glades Cut -Off Road, Ft. Pierce, Florida. Force Maieure means the following events and circumstances, but only to the extent that they delay or preclude a Party from performing one or more of its obligations under this Agreement: (a) a hurricane, tornado, lightning, flood, fire, explosion, or epidemic; (b) acts of war, terrorism, insurrection, riots, civil disturbances, or national or international calamities; (c) suspension, termination, or interruption of utilities necessary to a Party's operations or duties under this Agreement; (d) an injunction, or a legal or equitable proceeding brought against a Parry, or a change in Applicable Law; (e) a malfunction or breakdown at the Facility; and (f) any act, event, or condition that is determined by mutual agreement of the Parties to be of the same general type as the events of Force Majeure identified in (a) through (d), above. Indian River means the Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida. Load means the Recyclable Materials and other cargo in a truck or tractor trailer that transports Recyclable Materials to St. Lucie's Facility. Non -Conforming Material means any material that is not a Program Material. Non -Conforming Material also includes but is not limited to: (a) any Program Material that is mixed with or contaminated by solid or liquid waste; and (b) any Program Material that cannot be processed at the Facility or cannot be sold because it is too wet, too old, or otherwise in unacceptable condition. Party means, depending on the context, either Indian River or St. Lucie. Parties means Indian River and St. Lucie. Program Materials means those Source Separated Recyclable Materials that St. Lucie will accept for recycling at its Facility. The current list of Program Materials is contained in Exhibit "A." Recyclable Material means those materials that are capable of being recycled. Source Separated means that Recyclable Materials are separated from solid waste at the location (e.g., a home) where the Recyclable Materials and solid waste are generated. Source Separated does not require that the various types of Recyclable Materials must be separated from each other, and recognizes that Page 3 of 15 Page 423 of 439 BK: 3261 PG: 2453 some Non -Conforming Material may be included in the Recyclable Materials, as provided in Exhibit "B." St. Lucie means the government of St. Lucie County, Florida, acting through the Board of County Commissioners of St. Lucie County or the Board's designees. Section 5. Specific Conditions. 5.1 Subject to the conditions herein, all of the Recyclable Materials that Indian River collects may be delivered to St. Lucie's Facility for sorting, processing, baling, marketing, and sale by St. Lucie. 5.2 Indian River shall ensure that Indian River's Recyclable Materials are delivered to St. Lucie's Facility during the Facility's normal business hours. The Facility's normal business hours currently are 8:00 A.M. until 5:00 P.M., Monday through Friday, and from 8:00 A.M. until 12:00 P.M. (noon) on Saturdays, except holidays. 5.3 Indian River shall use its best efforts to ensure that Indian River does not place Solid Waste or other types of Non -Conforming Material into the trucks and trailers used to transport Recyclable Materials from Indian River to St. Lucie's Facility. St. Lucie shall have the right to reject any Non -Conforming Material that Indian River tenders to St. Lucie at the Facility, subject to the requirements in Exhibit "B." 5.4 At its option, Indian River may weigh the Recyclable Materials before Indian River transports the Recyclable Materials to St. Lucie's Facility. St. Lucie shall use its scales to weigh the Recyclable Materials that are delivered to the Facility by Indian River. St. Lucie shall prepare and maintain accurate records concerning the date, time, and weight of the shipments from Indian River to the Facility. Upon request, St. Lucie and Indian River shall provide each other with copies of their respective records concerning the Recyclable Materials that are delivered to the Facility pursuant to this Agreement. St. Lucie shall prepare and submit reports to the Florida Department of Environmental Protection concerning the Recyclable Materials delivered to the Facility, as required under Applicable Law. 5.5 Indian River shall be solely responsible for, and shall pay all of the costs for collecting, transporting, and delivering its Recyclable Materials to the Facility, as well as transporting and disposing of any Non -Conforming Material that is rejected by St. Lucie. St. Lucie shall be solely responsible for, and shall pay all of the costs for sorting, processing, baling, marketing, selling, and/or disposing of the Program Materials that Indian River delivers to the Facility. Indian River shall not pay any fee to St. Lucie for the services St. Lucie provides under this Agreement, except as otherwise provided in Exhibit "C", below. St. Lucie shall retain any revenues it receives from the sale of Indian River's Program Materials, except as otherwise provided in Exhibit "C", below. All of Indian River's rights, title, and interest in the Recyclable Materials shall be transferred automatically to St. Lucie when St. Lucie accepts the Recyclable Materials at the Facility. Page 4 of 15 Page 424 of 439 BK: 3261 PG: 2454 5.6 St. Lucie and Indian River agree to fully cooperate with each other and perform all acts necessary for the successful implementation of this Agreement. St. Lucie and Indian River shall comply with all Applicable Laws when performing their respective duties under this Agreement. St. Lucie and Indian River shall each be responsible for the acts, errors, and omissions of their respective officers, employees, agents, and other representatives when they are conducting activities pursuant to this Agreement. Section 6. Term and Termination. 6.1 This Agreement shall be binding on the Parties from the Effective Date until this Agreement expires or is terminated in compliance with the requirements herein. Further, this Agreement shall be applied and enforced retroactively to August 21, 2019 — i.e., the day when Indian River began to deliver Recyclable Materials to St. Lucie's Facility. The initial term of this Agreement shall expire on September 30, 2025. At the end of the initial term, this Agreement shall be renewed and extended automatically, without any further action by either Party, for an additional term of five (5) years, unless one Party provides notice to the other Party on or before October 1, 2024 that it does not wish to extend this Agreement. 6.2 Either Party may terminate this Agreement for convenience, with or without cause, after giving written notice in compliance with Section 10, below. If a Party gives notice that it wishes to terminate this Agreement for convenience, the termination shall be effective 180 days after the notice of termination is delivered to the other Party. 6.3 Notwithstanding anything else contained herein, the County Administrators for Indian River and St. Lucie are hereby granted the authority to: (a) terminate this Agreement for convenience; and (b) designate any date they mutually select for the termination. If the Administrators wish to deviate from the requirements in Section 6.2, both County Administrators must confirm in writing that they approve the designated date for the termination. The County Administrators do not need to obtain prior approval from either Board before the County Administrators exercise the authority granted to them under this Section 6.3. Section 7. Force Majeure. A delay or failure of performance by a Party shall not constitute a default hereunder and shall not give rise to any claims for damages, if and to the extent that such delay or failure is caused by an event of Force Majeure and the event of Force Majeure (a) is beyond that Party's reasonable control and (b) materially and adversely affects that Party's ability to perform its obligations under this Agreement. A Party whose performance is affected by an event of Force Majeure shall give written notice thereof to the other Party as soon as reasonably practicable and shall use commercially reasonable efforts to immediately remove or overcome the impediment to its performance under this Agreement. Page 5 of 15 Page 425 of 439 BK: 3261 PG: 2455 Section 8. Dispute Resolution. The Parties shall use their best efforts to resolve any disputes under this Agreement amicably, in an informal manner, without resorting to litigation. If the Parties are unable to resolve the dispute in a mutually acceptable manner, either Party may file suit for injunctive relief, mandamus, or specific performance, or exercise any other legal or equitable remedies to enforce the obligations and covenants in this Agreement. Section 9. Amendment. This Agreement may be amended only by a written document that is signed by both Parties and approved by each Party's Board, except: (a) as otherwise provided in Section 6.3, above; and (b) the list of Program Materials in Exhibit "A" may be amended with the written consent of the County Administrators for Indian River and St. Lucie, without obtaining the approval of the Board for either Party. Section 10. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be hand -delivered by messenger or courier service, or sent by facsimile communication or e-mail, or mailed by registered or certified mail (postage prepaid) return receipt requested, and shall be addressed to: As to Indian River: With a copy to: As to St. Lucie County: With a copy to: County Administrator Indian River County 1801 27"' Street Vero Beach, FL 32960 County Attorney Indian River County 1801 27th Street Vero Beach, FL 32960 County Administrator St. Lucie County 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 County Attorney St. Lucie County 2300 Virginia Avenue Administration Annex Fort Pierce, Florida 34982 Page 6 of 15 Page 426 of 439 BK: 3261 PG: 2456 The documents shall be deemed to have been duly delivered when personally delivered, or when transmitted by facsimile communication or e-mail and receipt is confirmed by telephone, or when delivered by U.S. Mail (return receipt requested) or courier service as shown by the return receipt. Section 11. Assignment. Neither Party shall assign this Agreement to any other person or entity without first obtaining the non -assigning Party's written approval. Section 12. Waiver. No waiver by either Party of a term or condition of this Agreement shall constitute a waiver of any other term or condition. The failure of either Party to insist upon strict performance of any of the terms or conditions in this Agreement shall not be considered to be a waiver or relinquishment of such term or condition. There shall be no waiver of any term or condition in this Agreement unless the waiver is in writing and signed by the Party waiving its rights under this Agreement. Section 13. Severability. Should any provision, paragraph, sentence, word, or phrase in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary to conform with Applicable Law or, if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions in this Agreement shall remain in full force and effect. Thereafter, this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. Section 14. Exhibits. Exhibits "A," "B", and "C" are attached hereto and incorporated herein by reference. Section 15. Previous Agreements. This Agreement embodies the entire understanding of the Parties concerning all of the matters discussed herein. Upon the Effective Date, this Agreement shall supersede and replace all prior agreements between the Parties pertaining to the issues addressed herein, including but not limited to the letter agreement that was sent by the County Administrator of Indian River on August 16, 2019 and signed by the County Administrator of St. Lucie. Page 7 of 15 Page 427 of 439 BK: 3261 PC: 2457 Section 16. Filing with Clerk of the Circuit Court. Pursuant to Section 163.01(11), Florida Statutes, this Agreement and all subsequent amendments shall be filed with the Clerk of the Circuit Court of St. Lucie County and with the Clerk of the Circuit Court of Indian River County. This Agreement and subsequent amendments shall not become effective until they are filed with both clerks. Each Party shall be responsible for the cost of recording such documents with their respective Clerk. Page 8 of 15 Page 428 of 439 BK: 3261 PG: 2458 IN WITNESS WHEREOF, the Parties have caused the execution of this Agreement by their duly authorized officials on the dates stated below. BOARD OF COUNTY COMMISSIONERS ATTEST: ST. LUCIE COUNTY, FLORIDA BY: eputy C rk Chair DATE: /, 9 COMls's'o v APPROVED AS TO FORM AND a y CORRECTN S: a 0ouNrn f'�' BY: k2 County Att6rneh Page 9 of 15 Page 429 of 439 BK: 3261 PG: 2459 ATTEST: Jeffrey R. Smith, Clerk of Court and Comptroller d,,AA Deputy Clerk (SEAL) SOLID WASTE DISPOSAL DISZR�I+� " •.r INDIAN RIVER COUNTY, FLOE Dib► =i S an dams Chairman s!'•"� DATE: Approved 11/12/19 APPROVED AS TO FORM AND CORRECTNESS: _ ( .11.1 By: Jason . Br wn, Cou -Administrator BY: ylan Reingold, County Attorney Page 10 of 15 Page 430 of 439 BK: 3261 PG: 2460 EXHIBIT "A" LIST OF PROGRAM MATERIALS Bottles, Containers, Jars, Jugs Made of Plastic #147 or Glass. Examples include, but are not limited to: plastic soft drink bottles, water bottles, sports drink bottles, mouthwash bottles, salad dressing bottles, peanut butter jars, Milk jugs, shampoo bottles, laundry detergent bottles, yogurt and margarine tubs. Empty & Rinse. NO Plastic Bags. Aluminum Beverage & Food Cans made of Aluminum. Examples include, but are not limited to: aluminum beverage containers, food trays without food residue, sheets and flexible containers. Empty, Rinse & Recycle. Steel and Tin Cans Beverage & Food Cans made Steel or Tin. Examples include, but are not limited to: empty steel and tin aerosol cans, bi-metal containers, lids composed primarily of whole iron or steel. Paper labels are acceptable. Aerosol cans containing household hazardous material are not acceptable. Empty, Rinse & Recycle. Cardboard Moving, Shipping, Shoe Boxes, etc. Remove Packing Material/Plastic Wrap and Flatten. NO Greasy Pizza Boxes. Paper Catalogs & Magazines, Envelopes, Mail, Newspaper & Inserts, Office & Writing Paper, Postcards, telephone books. Clean, Dry & Flat. NO Shredded Paper. Paperboard Boxes Cereal, Cracker, Pasta, Snack Boxes, etc. Remove Plastic Bags & Plastic Wrap. Cookie Sheets, Lids, Pots & Pans made of metal Page 11 of 15 Page 431 of 439 BK: 3261 PG: 2461 EXHIBIT "B" PROCEDURES FOR REJECTING NON -CONFORMING MATERIAL 1. When St. Lucie decides whether to accept or reject Recyclable Material that has been delivered to the Facility by Indian River, St. Lucie shall use the same criteria that St. Lucie uses when it decides whether to accept or reject Recyclable Material delivered to the Facility by other persons. Stated differently, St. Lucie shall not discriminate against Indian River when accepting or rejecting Recyclable Material. 2. St. Lucie shall have the right to reject any item, material, Load, or partial Load that Indian River tenders to St. Lucie at the Facility if St. Lucie believes the item, material, Load, or partial Load is solid waste, hazardous waste, biomedical waste, or other type of Non -Conforming Material that St. Lucie cannot safely, lawfully, or efficiently process at its Facility. If St. Lucie rejects any Non -Conforming Material delivered by Indian River, Indian River shall remove it from the Facility. 3. Subject to the conditions in the Agreement and this Exhibit "B," St. Lucie shall have the right to reject any Load of material tendered by Indian River at the Facility if St. Lucie determines that the Load contains an Excessive Amount of Non -Conforming Material. Excessive Amount means, solely with regard to Loads of material delivered to the Facility pursuant to this Agreement, that 25% or more of the Load is comprised of Non -Conforming Material. The 25% threshold may be based on volume or weight, as St. Lucie deems appropriate under the circumstances. When determining whether the Load exceeds this threshold, St. Lucie may rely on a visual observation and good faith estimate concerning the volume or weight of the Non -Conforming Material. At its option, St. Lucie may weigh or measure the Non -Conforming Material in the Load, but St. Lucie is not obligated to do so. 4. If St. Lucie decides to reject a Load of Recyclable Material that has been delivered to the Facility by Indian River, St. Lucie shall: (a) isolate the Load at the Facility; (b) take several representative photographs of the Load from different perspectives; and (c) send the photographs to Indian River via electronic mail ("e-mail"), which shall include a statement notifying Indian River that St. Lucie intends to reject the Load depicted in the photographs. For the purposes of this Exhibit "B", St. Lucie's e-mail shall be addressed to the Manager of the Indian River Solid Waste Disposal District and a copy shall be addressed to the Manager's designee. 5. Indian River shall promptly respond to the e-mail from St. Lucie. More specifically, Indian River shall state that: (a) Indian Rivers accepts St. Lucie's determination, in which case St. Lucie may immediately reject the Load; or (b) Indian River objects to St. Lucie's determination, in which case Indian River shall have the right to physically inspect the Load before St. Lucie makes any final determination concerning the disposition of the material, provided that Indian River conducts its inspection in compliance with the timeframes set forth in this Section 5. If St. Lucie provides notice to Indian River before 12:00 p.m. (noon) on a weekday, Indian River must conduct its inspection before 5:00 p.m. on that same weekday. If St. Lucie provides notice to Indian River after 12:00 p.m. (noon) on a weekday, Indian River must conduct its inspection before 12:00 p.m. (noon) on the next day that the Facility is open for business. if St. Lucie provides notice to Indian River on a Saturday, Indian River must conduct its inspection before 12:00 p.m. (noon) on the next day that the Facility is open for business. St. Lucie may reject the Load if Indian River fails to respond to St. Lucie's e-mail within four (4) hours or fails to inspect the Load within the timeframes described in this Section 5. Page 12 of 15 Page 432 of 439 BK: 3261 PG: 2462 6. If Indian River's Manager or designee inspects the Load and disagrees with St. Lucie's determination, the representatives of Indian River and St. Lucie shall work together in good faith and thereby attempt to resolve their differences informally. In such cases, St. Lucie shall be bound by the requirements contained herein, including but not limited to the 25% threshold for Excessive Amounts of Non -Conforming Material, but St. Lucie shall retain the exclusive authority to decide whether it will accept or reject the Load at its Facility. Page 13 of 15 Page 433 of 439 BK: 3261 PC: 2463 EXHIBIT "C" PROCEDURES FOR REVENUE SHARING Seareaated Loads of OCC 1. If Indian River delivers segregated Loads of Old Corrugated Cardboard ("OCC") to St. Lucie's Facility on or after October 1, 2019, St. Lucie and Indian River shall share the revenues derived from the sale of that OCC, subject to the conditions contained in the Agreement and this Exhibit "C." 2. The weight of Indian River's OCC shall be determined by weighing the OCC when it arrives at St. Lucie's Facility. If the scales at St. Lucie's Facility are not operating when the OCC arrives at St. Lucie's Facility, the weight of the OCC shall be deemed to be the weight measured by Indian River when the Load left Indian River's facility. 3. The value of the OCC delivered by Indian River shall be equal to the average price (expressed in dollars per ton) that St. Lucie received from the sale of OCC during the month that Indian River delivered its OCC. If St. Lucie does not sell any OCC during a month when Indian River delivers a segregated Load of OCC to the Facility, then the value of the OCC delivered by Indian River shall be the average price received by St. Lucie in the next month when St. Lucie sells OCC. 4. St. Lucie shall receive a fee of $10.00 per ton for processing and marketing the segregated Loads of OCC delivered to the Facility by Indian River. After the processing fee is deducted from the average price of the OCC, St. Lucie and Indian shall share equally (50% - 50%) in the remaining revenue received from the sale of the OCC delivered by Indian River. For example, if we assume hypothetically that St. Lucie will sell OCC for an average price of $100.00 per ton in October 2019, St. Lucie will receive a processing fee of $10.00 per ton, and then St. Lucie and Indian River will each receive $45.00 per ton for the segregated OCC that Indian River delivers to St. Lucie's Facility in October 2019 (i.e., $100 - $10 = $90; $90 T 2 = $45). Both Parties recognize and agree that the actual price received for the OCC may vary from the amounts shown in this hypothetical example. Proaram Materials 5. If Indian River delivers Program Materials to St. Lucie's Facility on or after October 1, 2019, St. Lucie and Indian River shall share the revenues derived from the sale of those Program Materials, subject to the conditions contained in the Agreement and this Exhibit "C." The general provisions in Sections 2 and 3, above, shall apply when determining the weight and average price of the Program Materials. 6. St. Lucie shall receive a fee of $75.00 per ton for processing and marketing the Program Materials delivered to the Facility by Indian River. After the processing fee is deducted from the average market value ("AMV") of the Program Materials, St. Lucie and Indian River shall share equally (50% - 50%) in the remaining revenue derived from the sale of the Program Materials delivered by Indian River. For example, if we assume hypothetically that the AMV of the Program Materials will be $95.00 per ton in October 2019, St. Lucie will receive a processing fee of $75.00 per ton, and then St. Lucie and Indian River will each receive $10.00 per ton for the Program Page 14 of 15 Page 434 of 439 BK: 3261 PG: 2464 Materials that Indian River delivers to St. Lucie's Facility in October 2019 (i.e., $95 - $75 = $20; $20 = 2 = $10). 7. For the purposes of this Exhibit "C" only, the AMV of the Program Materials means the average amount (measured in dollars per ton) that St. Lucie receives in one month from the sale of all of the different types of Program Materials (e.g., aluminum; plastic; mixed paper; glass). However, notwithstanding anything else contained herein, the AMV of the Program Materials does not include any revenue derived from the sale of segregated Loads of OCC. Indian River will be compensated separately for such Loads, pursuant to Section 4, above. Billina Procedures 8. St. Lucie shall pay Indian River within thirty (30) days after the end of the month in which St. Lucie receives payment from the sale of Program Materials or segregated Loads of OCC. If St. Lucie does not sell any Program Materials or segregated Loads of OCC during a month in which Indian River delivers Program Materials or segregated Loads of OCC to the Facility, St. Lucie shall pay Indian River within thirty (30) days after the next month in which St. Lucie sells Program Materials or segregated Loads of OCC. 9. Each month St. Lucie shall provide Indian River with a statement that identifies the revenue received by St. Lucie from the sale of Program Materials and segregated Loads of OCC during the prior month. Upon request, St. Lucie will provide Indian River with copies of St. Lucie's public records concerning such matters. 10. Notwithstanding anything else contained herein, Indian River shall not be required to pay a processing fee to St. Lucie if the AMV of the Program Materials is less than $75.00 per ton or the value of segregated Loads of OCC is less than $10.00 per ton. Page 15 of 15 Page 435 of 439 C19-11-1052 FIRST AMENDMENT TO INTERLOCAL AGREEMENT FOR RECYCLING SERVICES This First Amendment to Interlocal Agreement for Recycling Services ("Amendment") is made and entered into this 15th day of September, 2020 ("Effective Date"), by and between St. Lucie County, a political subdivision of the State of Florida (`5t. Lucie"), and Indian River County Solid Waste Disposal District, a dependent special district of Indian River County, Florida ("Indian River"). RECITALS WHEREAS, the Florida Interlocal Cooperation Act of 1969 (Section 163.01, Florida Statutes) authorizes local governments "to make the most efficient use of their powers by enabling them to cooperate with other local governments on a basis of mutual advantage and thereby to provide services and facilities in a manner" that will benefit both communities; and WHEREAS, Indian River and St. Lucie entered into an Interlocal Agreement for Recycling Services ("Agreement") that became effective on November 19, 2019; WHEREAS, under the Agreement, Indian River delivers its Recyclable Materials to St. Lucie's recycling facility ("Facility") and St. Lucie shares the revenues it obtains from the sale of those Recyclable Materials; and WHEREAS, Indian River also would like to provide St. Lucie's Facility with Recyclable Materials that Republic Services will collect in the City of Palm Bay, Florida ("Palm Bay") and transport to Indian River's Recycling Transfer Facility; and WHEREAS, Indian River is willing to provide Palm Bay's Recyclable Materials to St. Lucie, and St. Lucie is willing to receive Palm Bay's Recyclable Materials, subject to the terms and conditions in this Amendment. NOW, THEREFORE, in consideration of the promises and mutual covenants set forth herein., the receipt and sufficiency of which are hereby acknowledged, St. Lucie and Indian River agree to comply with and be bound by the following terms and conditions: Section 1. New Section 17 concerning Recyclable Materials from Palm Bav. The Agreement is hereby amended by adding a new Section 17, which shall read as follows: Section 17: Recyclable Materials from City of Palm Bay, Florida. If Indian River receives Recyclable Materials generated in the City of Palm Bay, Florida ("Palm Bay"), Indian River may combine Palm Bay's Recyclable Materials with Indian River's Recyclable Materials and then deliver the combined materials 1 s:\ATTY\AGREEMNT\INTERLOC\Indian River County Recycling Services —1A Page 436 of 439 to St. Lucie's Facility. At its option, Indian River also may deliver segregated Loads of Palm Bay's Recyclable Materials to St. Lucie's Facility. In all such cases, Indian River and St. Lucie shall accept, process, and otherwise manage such materials in compliance with the terms and conditions in Sections 1 through _1.6o_fthis Agreement. However, notwithstanding anything else contained in this Agreement: (a) Indian River shall pay a fee of $45.00 to St. Lucie for each ton of Palm Bay's Recyclable Materials that is delivered to and processed at St. Lucie's Facility, and (b) for the purposes of calculating the fee owed pursuant to Section 17(a), above, the weight of Palm Bay's Recyclable Materials shall be deemed to be the weight measured or estimated by Indian River when Palm Bay or its agent (currently Republic Services) delivers Palm Bay's Recyclable Materials to Indian River's Recycling Transfer Facility. Section 2. Continuing Effect of Agreement. All of the terms and conditions in the Agreement shall remain in full force and effect, except as expressly modified by this Amendment. Section 3. Filing with Clerk of the Circuit Court. Pursuant to Section 163.01 (11), Florida Statutes, this Amendment and all subsequent amendments shall be filed with the Clerk of the Circuit Court of St. Lucie County and with the Clerk of the Circuit Court of Indian River County. This Amendment and subsequent amendments shall not become effective until they are filed with both clerks. Each Party shall be responsible for the cost of recording such documents with their respective Clerk. Page 2 of 4 s:\ATTY\AGREEMNT\INTERLOC\Indian River County Recycling Services —1A Page 437 of 439 IN WITNESS WHEREOF, the Parties have caused the execution of this Agreement by their duly authorized officials on the dates stated below. ATTEST: Deputy APPROVED AS TO FORM AND ATTEST: SOLID WASTE DISPOSAL DISTRLC-o Vis,•, Jeffrey R. Smith, Clerk of Court and INDIAN RIVER COUNTY, FLO I Comptroller:"*�. Bv� Deputy Clerk r Cliairrr>r�n couri (SEAL) DATE: Approved 9/15/2020 I APPROVED AS TO FORM AND CORRECTNESS: By: Jason E- rown, County Administrator BY: D an Reingold, County Attorney Page 4 of 4 s:\ATTY\AGREEMNT\INTERLOC\Indian River County Recycling Services —1A Page 439 of 439 Speaker's Card g � C �� 1 � � C, J Meetin Date: Name: l//te.bFiu - E -Mail Address: L -t---6 M_e 66fy,� ( Address: 672 Chalr-Lwz IQI \i Agenda Item\Issue: Q 10-0w VM� 1' red p ,o{'rch r-') of-� ffvt*3�- a ZZ D `b 0a 5kdy- I Are you representing any person, group, or organization? Yes No If yes, please list group: Pi� �P,D(�i1'� r- ❑ Organization ❑ Firm ❑ Client '44v Case No.: 31 -2024 -CA -000264 IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT, IN AND FOR INDIAN RIVER COUNTY, FLORIDA CASE NO.: 31 -2024 -CA -000264 GRBK GHO HOMES, LLC, Plaintiff, V. LAUREL LEE BUESCHER, individually, and LAUREL LEE BUESCHER, AS TRUSTEE OF THE BELVEDERE GROUP, CTO, CL CONTRACT AND DECLARATION OF TRUST I.D. NUMBER 56-6598115, Defendants. AFFIDAVIT OF LAUREL LEE BUESCHER IN SUPPORT OF DEFENDANT'S PRELIMINARY RESPONSE STATE OF FLORIDA ) COUNTY OF BREVARD ) BEFORE ME, the undersigned authority, personally appeared LAUREL LEE BUESCHER, who, being first duly sworn, deposes and states as follows: 1. I am over the age of eighteen (18) years, competent to testify, and make this Affidavit based upon my personal knowledge, except as to matters stated herein on information and belief, and as to those matters, I believe them to be true. 2. I am one of the Defendants in the above -captioned action. I am the Trustee of The Belvedere Group, CTO, CL Contract and Declaration of Trust I.D. Number 56-6598115 (the 'Belvedere Trust") 3. The Belvedere Trust holds record title to real property located in Indian River County, Florida, identified by the Indian River County Property Appraiser as Parcel Identification Number #42240 ("Parcel #42240") Page 1 of 6 Case No.: 31 -2024 -CA -000264 4. The Belvedere Trust acquired Parcel #42240 by Warranty Deed from Coleman C. Pippin and Edith H. Pippin, dated May 26, 2005, recorded June 9, 2005 in the Official Records of Indian River County at Book 1886, Page 2367. A true and correct copy of the 2005 Warranty Deed is attached hereto as Exhibit 1. 5. Parcel #42240 is the approximately 3.59 -acre remainder parcel that the grantors Coleman C. Pippin and Edith H. Pippin retained in the 'EXCEPTING THEREFROM" clause of their November 21, 1975 Warranty Deed recorded November 26, 1975, in the Official Records of Indian River County at Book 504, Page 218 (the "1975 Deed"). A true and correct copy of the 1975 Deed is attached hereto as Exhibit 2. 6. The 1975 Deed contains, in its second operative paragraph, the following grant of easement: "The grantors hereby give and grant unto the grantees an easement 30 feet in width along the East side of the hereinbefore -described property excepted from this conveyance for the use of ingress and egress of the grantees, their heirs, executors, administrators and assigns." This easement runs along the east side of the 21+ acre Property conveyed in the 1975 Deed for the benefit of access to the 3.59 -acre remainder parcel (Parcel #42240). 7. I have reviewed the Notice of Lis Pendens filed by Plaintiff on May 2, 2024, in this action. Parcel #42240 is not identified, listed, or described in the Notice of Lis Pendens. 8. 1 have reviewed Plaintiffs Complaint filed in this action. The Complaint does not allege, plead, or reference any easement of record burdening the Property described in the Lis Pendens, and does not seek to extinguish any such easement. 9. I have reviewed the October 16, 2024 Final Summary Judgment Quieting Title and for Declaratory Judgment entered by this Court. The word "easement" does not appear in any of the seven numbered operative paragraphs of the Final Judgment. The Final Judgment does not reference, adjudicate, or extinguish any easement of record. 10. I have reviewed Plaintiffs 2024 acquisition deed, the Special Warranty Deed from Marc Vero Beach, LLC to GRBK GHO Homes, LLC, dated March 14, 2024, recorded March 18, 2024 in the Official Records of Indian River County at Book 3684, Page 959. That deed Page 2 of 6 442 Case No.: 31 -2024 -CA -000264 conveys the Property "TOGETHER with all improvements, easements, tenements, hereditaments and appurtenances belonging to or in any way appertaining to the Property" and "SUBJECT to ... easements ... of record." A true and correct copy of Plaintiff s 2024 acquisition deed is attached hereto as Exhibit 3. 11. I have reviewed Plaintiffs immediate predecessor's acquisition deed, the Special Warranty Deed from Gendell Partners Advocate, LLC and Gendell Realty Partners Florida, LLC to Marc Vero Beach, LLC, dated December 19, 2013, recorded December 23, 2013, in the Official Records of Indian River County at Book 2726, Page 351. Exhibit B to that deed, identifying Permitted Exceptions, lists at Item 3: "Easement in favor of Glenn Johnston, Trustee of the Glenn Johnston Revocable Living Trust dated February 13, 1990, as recorded in Official Records Book 1327, Page 366." A true and correct copy of the relevant pages of the 2013 deed is attached hereto as Exhibit 4. 12. On September 17, 2025, I received a written communication from Angela Jones -Fowler, GIS/Land Records Specialist, Indian River County Property Appraiser's Office, representing Wesley Davis, CFA, Indian River County Property Appraiser, regarding the 30 -foot easement of record affecting Parcel #42240. Ms. Jones -Fowler's September 17, 2025 email identified multiple recorded instruments confirming the 30 -foot easement corridor. A true and correct copy of Ms. Jones -Fowler's September 17, 2025 email is attached hereto as Exhibit 5. 13, Ms. Jones -Fowler's September 17, 2025 email included GIS mapping prepared by the Indian River County Property Appraiser's Office depicting the 30 -foot easement corridor as it relates to the 1975 Deed at Official Records Book 504, Page 218. A true and correct copy of that GIS mapping is attached hereto as Exhibit 6. 14, The September 17, 2025 communication from the Indian River County Property Appraiser's Office was the first time I received formal documentation from the County confirming the location and recording history of the 30 -foot easement benefiting Parcel #42240. 15. At no time during the 2024 proceedings did I understand, and I do not believe Plaintiff ever asserted, that the action concerned any easement or right-of-way appurtenant to any portion Page 3 of 6 4j3 Case No.: 31 -2024 -CA -000264 of the property described in the 2005 Warranty Deed from the Pippins to the Belvedere Trust. The 2024 action, as I understood it from the Complaint and from the Court's Final Judgment, concerned fee simple title to Parcel 7 based on the 1975 Deed's conveyance clause. Easement rights were not at issue. 16. Following the September 17, 2025 communication from the Indian River County Property Appraiser's Office, I was further advised that the Hammock Shores subdivision plat then under consideration by Indian River County would, if approved and constructed as proposed, permanently eliminate the 30 -foot easement corridor through construction of a stormwater retention pond in the easement area. I was advised that once construction of the proposed subdivision commenced, the 30 -foot easement corridor would be physically destroyed and could not be restored. 17. My post judgment communications with Indian River County officials, the Indian River County Board of Commissioners, the Indian River County Planning & Development Services Department, the Indian River County Property Appraiser's Office, the project engineer of record, and Plaintiffs title insurer have concerned the 30 -foot easement of record and the preservation of that easement in connection with the proposed Hammock Shores subdivision plat, which I have been advised is under consideration for final plat approval. 18. Since the Final Judgment was entered on October 16, 2024, I have not asserted or claimed fee simple ownership of Parcel 7, or any other of the ten numbered parcels identified in the Notice of Lis Pendens, or any portion of the Property as defined in the Final Judgment. 19. I accept the Final Judgment's determination of fee simple title to Parcel 7 in favor of Plaintiff GRBK GHO Homes, LLC. 20. My position, as set forth in my Preliminary Response, is that the recorded 30 -foot easement appurtenant to Parcel #42240 is a separate property right that was not pleaded, not adjudicated, and not extinguished by the Final Judgment. FURTHER AFFIANT SAYETH NAUGHT. Page 4 of 6 +K Case No.: 31 -2024 -CA -000264 AUREL LEE BUESCHER SWORN TO AND SUBSCRIBED before me by means of [ ] physical presence or [ ] online notarization this ate' "' day of rl % , 2026, by LAUREL LEE BUESCHER, who is personally known to me or who produced D,ei/7, A. piilrg 1,eI- lSE as identification. Y PU >� ,.State o Florida not Name: , A J-) A mE's My Commission Expires: ,f CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the a day of April, 2026, a true and correct copy of the foregoing Affidavit and Exhibits 1 through 6 was served via the Florida E -Filing Portal and by e-mail upon: Carolina Sznajderman Sheir, Esq. EISINGER LAW 4000 Hollywood Boulevard, Suite 265 South Hollywood, Florida 33021 csheir@eisingerlaw.com; Eisingerlitigation@gmail.com; srampal@eisingerlaw.com; krodriguez@eisingerlaw.com Attorneys for Plaintiff LA REL LEfBtJESCHER, pro se 672 Charles Drive Notary Public State of Florida Anita D Haymes Melbourne Florida 32935 1111 My Commission HH 458025 Phone: (321) 821-8542 Expires 2/13/2028 Email: llbuescher@gmail.com Page 5 of 6 446 Case No.: 31 -2024 -CA -000264 LIST OF EXHIBITS Exhibit 1: Warranty Deed from Coleman C. Pippin and Edith H. Pippin to Laurel Lee Buescher, as Trustee of The Belvedere Group, dated May 26, 2005, recorded June 9, 2005, at OR Book 1886, Page 2367. Exhibit 2: Warranty Deed from Coleman C. Pippin and Edith H. Pippin to Samuel Richard Hamilton et al., dated November 21, 1975, recorded November 26, 1975, at OR Book 504, Page 218, with the easement -creating paragraph indicated. Exhibit 3: Special Warranty Deed from Marc Vero Beach, LLC to GRBK GHO Homes, LLC, dated March 14, 2024, recorded March 18, 2024, at OR Book 3684, Page 959. Exhibit 4: Relevant excerpts from Special Warranty Deed from Gendell Partners Advocate, LLC to Marc Vero Beach, LLC, dated December 19, 2013, recorded December 23, 2013, at OR Book 2726, Page 351, including Exhibit B, Permitted Exceptions as described in February 13, 1990 deed at OR Book 1327, Page 366. Exhibit 5: E-mail communication from Angela Jones -Fowler, GIS/Land Records Specialist, Indian River County Property Appraiser's Office, dated September 17, 2025. Exhibit 6: GIS mapping prepared by the Indian River County Property Appraiser's Office depicting the 30 -foot easement corridor in relation to the 1975 Deed recorded at OR Book 504, Page 218. Page 6 of 6 MIT EXHIBIT 1 441 16b6U68 RECORDED IN THE RECORDS OF JEFFREY K BARTON, CLERK CIRCUIT COURT INDIAN RIVER CO FL, BK: 1886 PG: 2367, 06/09/2005 02:54 PM DOC STAMPS D $280.00 �e n� 0 N �1, Prepared by and Return to: Catherine Edelman Coastal Title Services, Inc. 1701 Highway AIA, Suite 206 rn ' en Vero Beach, Florida 32963 �O e4 AIA -200505-27 M PIPPIN / BUESCHER p i — 06 a.Z rn a Property Appraiser's Parcel Identification Number: a y d 32-39-03-10W00-0030-00004.0 x o WARRANTY DEED (Statutory Form - Section 689.02, F.S.) C, V '" THIS INDENTURE, made thi r day of May, 2005, BETWEEN C. C. Pippin AKA Coleman C. 04 s�f� Pippin and Edith H. Pippin, Husband and Wife, whose post office address is: P. O. Box 101, Winter Beach, Florida 32971 grantor*, and Laurel Lee Buescher, as Trustee of the Belvedere Group, CTO, CL Contract and Declaration of Trust I.D. Number 56-6598115, with full power and authority, including all powers under F.S. 689.071 is hereby granted to said trustess to protect, conserve, sell, lease, encumber, or otherwise manage, transfer, or convey the real property herein described, whose post office address is: 310 Bunker Street, Melbourne, Florida 32901 grantee*, WITNESSETH that said grantor, for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit: The South 474 feet of Government Lot 3, Section 3, Township 32 South, Range 39 East, LESS AND EXCEPT lands conveyed to Wilhoit in Deed Book 33, page 441, Public Records of Indian River County Records, said land lying and being in Indian River County, Florida. SUBJECT TO: (1) TAXES FOR 2005 AND SUBSEQUENT YEARS; (2) ZONING AND/OR RESTRICTIONS AND PROHIBITIONS IMPOSED BY GOVERNMENTAL AUTHORITY AND (3) RESTRICTIONS, EASEMENTS AND OTHER MATTERS APPEARING ON THE PLAT AND/OR COMMON TO THE SUBDIVISION. ---.--- - and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever. *"Grantor" and "grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, grantor has hereunto set grantor's hand and seal the day and year fust above written. Signed, sealed and delivered in our presence: W : e,+77MGt✓4/E 4M r- STATE OF Florida COUNTY OF Indian River C. C: PIpP AKA Coleman PC tgpid Edith H. Pippin / The foregoing instrument was acknowledged before me thisg(&!day of May, 2005 by C. C. Pippin AKA Coleman C. Pippin and Edith H. Pippin, Husband and Wife CAT1iE1MNE A EDELMM! S My COAer�o�t r tlDiaaeo oawEs: J* 8. zoos UTARY PUBLIC ,eoos«orutr R.tO.rewYto.AN I'M My Commission Expires//: Personally known _ OR Produced Identification Type of Identification Produced.t.� EXHIBIT 2 r STATE of T LOP10A ,2 M MJV2".'15 1'.' ;, I 3 4. ( t, } ide This iostniment was prepared by. N Namcs7s3h1eS T. Vocelle WarrantyBeel AJJrca� • 0. Box 1900 (STATUTORY FORM—SECTION 689.02 f.S.) Vero Beach. Florida 32960 04i8 .1dPaturr, Made this 21st day of November 19 75 7UP1lltPFq COLEMAN C. PIPPIN and EDITH H. PIPPIN, his wife, of the County of Indian River , State of Florida , grantor*, and SAMUEL RICHARD HAMILTON and LINDA S. HAMILTON, his wife, as to an un - 0 divided one—half interest, and SAMUEL FRANKLIN HAMILTON and ORA E. Z2 HAMILTON, his wife, as to an undivided one-half interest, -' whose Imst office address is Route 3, Box 277, Vero Beach, Florida 32960, of the County of Indian River State of Florida grantee*, VittIPSSPth. That said grantor, for and in consideration of the sum of ------------------------- -------------TEN AND NO/100--------------------- ------ Dollars, and other good and valuable antsiderations to said gr.udor in h:uid paid by said grantee, the recript whereof is here•hv acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the fol- lowing described land, situate, lying and being at Indian River County, Florida, to -wit: The North half of the East 10 acres of the Southwest Quarter of the Southeast Quarter; the West half of the West half of the Southeast Quarter of the Southeast Quarter; and beginning at the SW corner of Lot 3, thence running North 75 yards, thence East 333 yards, thence South 75 yards, thence West 333 yards to point of beginning, all in Section 3, Township 32 South, Range 39 East, and all containing 21 acres, more or less, EXCEPTING THEREFROM, HOIv'EVER, the following -described property, to -wit: The South 435.91 feet of the West 299.79 feet of the West half of the West half of the SE; of the SEh of Section 3, Township 32 South, Range 39 East, Less all rights of way of record, containing 3.0 acres, more or less. �unuc,�.i E.0 ca5c1Uei1L5, resmricLlons ano reservations and taxes accruing subsequent to December 31, 1975, and said grantor does hereby fully warrant rhe tirle to said :ana. and will defend the same against the lawful claims of all persons whomsoever. *"Grantor- and "grantee" are used for singular or plural, as context requires. JA NIt1iP8a MherPnf. Grantor has hereunto set grantor's hand and seal the day and vear first above written. S led sealed and delivered in our presence: �7 (Seal) Cole an. C. Pifi — �r � �— ��/ (Sea]) S all parties Edith H. Pippin DOCUMENTARY ' c r_ I=lOR1 A RTAX STATE OF FLORIDA `� N =``Pr N0Y2675 Q, Q COUNTY OF INDIAN RIVER e9�n I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared COLEMAN C. PIPPIN and EDITH H. PIPPIN, his wife, to me known to be the persotg described in and who executed the foregoing instrument and acknowledged before me that they executed the same., WITNESS my hand and official seal in the C9i!oty and.State last of said this 21st day of November 1975 .; My commission expires: January r J ` �� P Jan 2 1977. Notary Public State of Florida at Large. ' - OFFICIAL RECORD i., J. ;.• Filed and recorded this 26th day of November, 1975 BOOK 504 PAPE 218 RALPH HARRIS, CLERK OF CIRCUIT COURT By,,"' % Deputy Clerk C C,Lcr., `eefiW4fa Z 1 49 EXHIBIT 3 i -----VV 4-v V/ 1\1"J \..Vl\LLL 11♦ 1111Y 1\i:t�.Vl\YU Vt' 1\1AL• L. YV 1LL1\, \iLiJl\11 Vl' \rll�\iV11 \iV Vl�l 11\Y1AL\ 1\l•� •"1\ VV 1'L K: 3684 PG: 959,3/18/2024 10:16 AM D DOCTAX PD $29,750.00 This Instrument Prepared by: Althea James Supreme Title Solutions, LLC 1410 19th Place Vero Beach, FL 32960 After Recording Return to: GRBK GHO Homes, LLC 590 Northwest Mercantile Place Port St. Lucie, FL 34986 Parcel Identification Number: 32-39-03-00000-0030-00002/0;32-39-03-00000-0030-00003/0; 32-39-03-00000-7000-00001/0;32-39-03-00000-7000-00002/0; 32-39-03-00000-7000-00005/0;32-39-03-00000-7000-00006/0; 32-39-03-00000-7000-00007/0;32-39-03-00000-7000-00008/0; 32-39-03-00000-7000-00008/1;32-39-03-00000-7000-00008/2 (Space Above This Line For Recording Data) Special Warranty Deed THIS SPECIAL WARRANTY DEED (this "Deed") is made as of this 14th day of March, 2024 between Marc Vero Beach LLC, a Florida limited liability company, whose mailing address is 55 E. Jackson Blvd., Ste. 500, Chicaeo, IL 60604 ("Grantor") to, GRBK GHO Homes, LLC, a Florida limited liability company whose mailing address is 590 Northwest Mercantile Place, Port St. Lucie, FL 34986 ("Grantee"). WITNESSETH: THAT Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration paid to Grantor by Grantee, the receipt of which is hereby acknowledged, by these presents does grant, bargain, sell and convey to Grantee, and Grantee's successors and assigns forever, all the right, title, and interest in and to that certain real property (the "Property") located and situated in Indian River County, Florida and fully described as follows: FOR PROPERTY DESCRIPTION, SEE EXHIBIT "A " ATTACHED HERETO AND MADE A PART HEREOF. TOGETHER with all improvements, easements, tenements, hereditaments and appurtenances belonging to or in any way appertaining to the Property. --'— '— SUBJECT to taxes for 2024 and subsequent years, not yet due and payable; covenants, restrictions, easements, reservations and limitations of record, if any, TO HAVE AND TO HOLD the same in fee simple forever. GRANTOR hereby specially warrants the title to the Property and will defend the same against the lawful claims of all persons claiming by, through, or under Grantor, but none other. Pile No.: 22-05-2375 Florida Special Warranty Deed Page I of 5 461 3K: 3684 PG: 963 Parcel 9: The South 435.9I feet of the West 299.79 feet of the West one-half of the West one-half of the Southeast 1/4 of the Southeast 1/4, LESS AND EXCEPT the South 150 feet of the West 80 feet thereof and right of way of recorded, Section 3, Township 32 South, Range 39 East, lying in Indian River County, Florida. Parcel 10: Beginning at the Southwest corner of the South 435.91 feet of the West 299.79 feet of the West 1/2 of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 3, Township 32 South, Range 39 East, thence run due East 80 feet, thence due North 150 feet, thence due West 80 feet, thence due South 150 feet to the Point of Beginning. Less and except road right of way for North Winter Beach Road. Said land lying and being in Indian River County, Florida. LESS AND EXCEPTING the additional right-of-way for 69th Sheet conveyed to Indian River County by Statutory Warranty Deed recorded in Official Records Book 2257, Page 1602, of the Public Records of Indian River County, Florida. File No.: 22-05-2375 Florida Special Wan•anty Deed Page 5 of 5 45; EXHIBIT 4 4s� 2/24/2-3,1:03 PM Landmark Web Official Records Search 3120130079800 RECORDED 1N THE RECORDS OF JEFFREY R. SMITH, CLERK OF CIRCUIT COURT INDIAN RIVER CO FL BK: 2726 PG: 351,12/23/2013 8:40 AM D DOCTAX PD $14,000.00 This instrument prepared by: Randy S. Gussis 3201 Old Glenview Rd., Ste 301 Wilmette, IL 60091 Return to: Marc Vero Beach, L.L.C. 55 E.Jackson Chicago, Illinois 60604 e 1 id Tax Identification Parcel No. g 32-39-03-00000-0030-00002/0, 32-39-03-00000-7000-00001/0 32-39-03-00000-7000-00002/0,32-39-03-00000-7000-00005/0 32-39-03-00000-7000-00007/0,32-39-03-00000-7000-00006/0 32-39-03-00000-0030-00003/0, 32-39-03-00000-7000-00008/0 32-39-03-00000-7000-00008/1, 32-39-03-00000-7000-00008/2 501-13- r-100-20 (SPACE ABOVE THIS LINE FOR RECORDING DATA) SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED is made and entered into as of this may of December, 2013, by Gendell Partners Advocate, LLC, an Illinois limited liability company and Gendell Realty Partners Florida, LLC, an Illinois limited liability company , whose address is 3201 Old Glenview Rd., Ste 300, Wilmette, IL 60091 (hereinafter called the "Grantor"), to Marc Vero Beach, LLC, a Florida limited liability company, whose address is 55 E. Jackson, Chicago, Illinois 60604 (hereinafter called the "Grantee"). WITNESSETH: The Grantor, for and in consideration of the sum of Ten and No/ 100 Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey, and confirm unto the Grantee, all that certain land situated in Indian River County, Florida (the 'Property"), as described on Exhibit A, attached hereto and made a part hereof, subject to the exceptions set forth on Exhibit B, attached hereto and made a part hereof. TOGETHER with all the tenements, hereditaments, and appurtenances thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same in fee simple forever. AND, the Grantor hereby- covenants with the Grantee that it is lawfully seized of the Property in fee simple; that it has good right and lawful authority to sell and convey the Property; that it hereby fully warrants the title to the Property and will defend the same against the lawful IA0207757. RPP] - 1 - https://ori. indian-river.org/sea rch/index?theme=. blue&section=searchCriteriaName&quickSearchSelection=# 451� 1/6 2/24/23,1:03 PM Landmark Web Official Records Search BK: 2726 PG: 354 EXHIBIT A LEGAL DESCRIPTION PARCEL l: Commencing at the Southwest corner of Government Lot 3; thence running North 75 yards to the Point of Beginning; thence running North 83 yards; thence East 330 yards; thence South 83 yards; thence West 330 yards to the Point of Beginning, of Section 3, Township 32 South, Range 39 East, said land lying and being in Indian River County, Florida. PARCEL 2: The East 10 acres of the Northwest 1/4 of the Southeast 1/4 of Section 3, Township 32 South, Range 39 East, Less road right-of-way for 73rd Street. Said land lying and being in Indian River County, Florida. PARCEL 3: The West 1/2 of the East 1/2 of the Northwest 1/4 of the Southeast 1/4 of Section 3, Township 32 South, Range 39 East, Indian River County, Florida, LESS the North 30 feet thereof. PARCEL 4: Beginning 327.8 feet West of the Southeast corner of the Southwest 1/4 of the Southeast 1/4 of Section 3,Township 32 South, Range 39 East, Indian River County, Florida; thence running. North 1328.9 feet; thence West 327.8 feet; thence South 1328.9 feet; thence 327.8 feet to the Point of Beginning. PARCEL 5: The South 1/2 of the East 10 acres of the Southwest 1/4 of the Southeast 1/4 of Section 3, Township 32 South, Range 39 East, lying and being in Indian River County, Florida. PARCEL 6: The North one-half of the East 10 acres of the Southwest 1/4 of the Southeast 1/4 of Section 3, Township 32 South, Range 39 East, Indian River County, Florida. PARCEL 7: Begin at the Southwest corner of Government Lot 3, Section 3, Township 32 South, Range 39 East, thence run North 75 yards, East 333 yards, South 75 yards, West 333 yards, to the Point of Beginning, lying in Indian River County, Florida. PARCEL 8: The West one-half of the West one-half of the Southeast 1/4 of the Southeast 1/4, LESS the South 435.91 feet of the West 299.79 feet, in Section 3, Township 32 South, Range 39 East, Indian River County, Florida. IA0207757. GTFI - 4 _ https://ori.indian-river.org/search/index?theme=.blue&section=searchCriteriaName&quickSeardhSelection=# 4/6 2/24/23,1:03 PM BK: 2726 PG: 355 Landmark Web Official Records Search PARCEL 9: The South 435.91 feet of the West 299.79 feet of the West one-half of the West one-half of the Southeast 1/4 of the Southeast 1/4, LESS AND EXCEPT the South 150 feet of the West 80 feet thereof and right of way of record, Section 3, Township 32 South, Range 39 East, lying in Indian River County, Florida. PARCEL 10: Beginning at the Southwest corner of the South 435.91 feet of the West 299.79 feet of the West 1/2 of the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 3, Township 32 South, Range 39 East, thence run due East 80 feet, thence due North 150 feet, thence due West 80 feet, thence due South 150 feet to the Point of Beginning. Less and except road right of way for North Winter Beach Road. Said land lying and being in Indian River County, Florida. LESS AND EXCEPTING the additional right-of-way for 69th Street conveyed to Indian River County by Statutory Warranty Deed recorded in Oficial Records Book 2257, Page 1602, of the Public Records of Indian River County, Florida. I„ 02077,,. RTF; — 5 — https://ori. indian-river.org/sea rch/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=# V 516 2/24/23,1:03 PM BK: 2726 PG: 356 Landmark Web Official Records Search EXHIBIT B PERMITTED EXCEPTIONS I . Taxes and assessments for the year 2014 and subsequent years, which are not yet due and payable. 2. Any claim that any portion of the insured land is sovereign lands of the State of Florida, including submerged, filled or artificially exposed lands accreted to such land. 3. Easement in favor of Glenn Johnston, Trustee of the Glenn Johnston Revocable Living Trust dated February 13, 1990, as recorded in Official Records Book 1327, Page 366. 4. Access to Parcels 1, 6 and 7 is only by means of adjacent property owned by the Fee Simple Owner. 1A0207757.RTF1 https://ori.indian-river.org/search/index?theme=. blue&section=searchCriteriaName&quickSearchSelection=# 6/6 EXHIBIT 5 M From: Angela Jones -Fowler <aiones(d_)ircpa.orq> Date:_,Wed, Sep 17, 2025 at 12:11 PM Subject: ProplD 42240 To: libuescher(a?gmail.com <Ilbuescher(agmail.com> Cc: Wesley Davis <wdavis(cD_ircpa.orq> Ms. Buescher — 1 i Good afternoon you asked if I would review some of the information that you left with me in your binder. I am sending this email along with attached the maps 'an deeds that are associated with your property. I have also printed and added to your information that yoLi supplied to me, and it is ready for you to pick your convenience. Also, I looked to see if there was anything at all that I COUld find in relation to this parcel. Please see below. Due to the nature and size of each document, I have supplied a hyperlink for your convenience to retrie, maps and deeds that I have created. https:Hdrive. aooale.co T3 dN8CGrrnZ7R6CEJJi( Please see documents and the associated maps (ProplD 42239 - 32390300000003000003.0) -Warranty Deed DB 83/193 - this is simply a deed w ere property was conveyed in 1953 from Martha Hamilton to Marion T. Hamilton and Pauline R. Hamilton joined with Aubrey L. Waddell and Elizabeth Walker and S.F. Hamilton and Ora Elizabeth Hamilton -Warranty Deed OR 504/218 — this deed conveys property along with a 30' easement across ProplD #42308 and ProplD #42239 (easement conveyed in highlighted) i -Deeds with 30' Easement in relation to ProplD 42309 Map entitled to Easement ProplD #42309 - Deed with 30' Easement in relation to ProplD 4230 Map entitled to Easement ORI 27 366 -GRBK GHO Warranty OR3684/959 this is where GRBK GHO took title to the property in 2024. This d has the language "TOGETHER with all improvements, easements.... Etc" which refers to common law Thank you for coming into our office and speaking witt that our assistance has helped you in this matter. If you should have any further questions, please let us Angela Jones -Fowler, G!SP GIS / Land Records Specialist Representing Wesley Davis, CFA Indian River Property Appraiser 1800 27th Street, Vero Beach, Florida 32960 Tel: (772)226-1501 1 Fax: (772)770-5087 E-mail: aionesCa-)_ircpa.org Website: www.ircpa.org r Property Appraiser and myself. We sincere) Im EXHIBIT 6 ol OAF / F � 4N� 9 1! M4 jaw z � s 9TH Warrenty Deed 30' EASEMENT OR 504/218 Rebecca Ramirez From: Ryan Sweeney Sent: Wednesday, January 28, 2026 11:53 AM To: 'Laurel Buescher' Cc: Angela Jones -Fowler; Brandon Creagan; Rebecca Ramirez Subject: RE: Request for GHO Hammock Shores plot plan showing deeded 30 foot access Ms. Buescher, PDS staff has not had sufficient time to review this (voluminous) information, and I agree that this is an item that is more complex than a typical Planner -of -the -Day item. Please allow us staff a bit more time to review the information, and we will either follow-up with an official e- mail response or request a meeting to discuss further (if needed). Thanks, Ryan Sweeney Assistant Planning & Development Services Director Indian River County Planning & Development Services Department 1801 27th Street Vero Beach, FL 32960-3365 Phone: 772-226-1239 From: Laurel Buescher <Ilbuescher@gmaiLcom> Sent: Wednesday, January 28, 202611:46 AM To: Brandon Creagan <bcreagan@indianriver.gov>; Ryan Sweeney <rsweeney@indianriver.gov>; Rebecca Ramirez <rramirez@indianriver.gov>; Michael Hill <m hill@ i ndia n river.gov> Cc: Angela Jones -Fowler <ajones@ircpa.org> Subject: Re: Request for GHO Hammock Shores plot plan showing deeded 30 foot access CAUTION: This message is from an external source. Please use caution when opening attachments or clicking links. IRC Planning Department Wilt you please email your official response to my January 27, 2026 email? Let me know if you have reviewed the deeds provided by IRCPA and tell me if you are going to provide the deeded access. I can go to your office, and talk with eh planner of the day, but I would prefer a scheduled meeting. Thank you Laurel Buescher i 4 3 r `1 it 10.50 Rec. 735.00 Doc. 1 J This instrument was prepared incident to the issuance of a title contract, and is to be returned to: Darlene K. Larabell, CLC, President Elite Title of the Treasure Coast, Inc. 3055 Cardinal Drive, Suite 105 Vero Beach, Florida 32963 i E'I"fC File Number: ET -5755 Parcel ID Number. 03-32-39-00000-7000-0000$.1 DOCUMENTARY STAMP5 DEED $ -73r o D NOTE$ JEFFREY K. BARTON. CLERK INDIAN RIVER COUNTY General Warranty Deed iN THE RECORDS OF JEFFREY K. BARTON CLERK CiRCUiT COURT INDIAN RIVER CO., FLA, This deed, made this �L day of September, 2000, by Coleman C. Pippin and Edith H. Pippin, his wife,(as Grantor); and Terre S. Ledward and Lisa J. Ledward, his wife, whose post office address is: _�-jj yL' �:%'� Jf r'• c t T 1, �, l� 4• :� �_ �1 -7 (as Grantee); (Wherever used herein, the terms "grantor "and "grantee " shall include singular andphtrol, heirs, legal representatives, and assigns of indivichtals, and the successors and assigns of corporations. partnerships or other enlities. wherever the contest so adttti►s orrequires.) WITNESSETH: That the grantor, for and in consideration of the sum of $10.00 in hand paid by grantee, the receipt %vliereof is hereby acknowledged, does hereby grant, bargain, sell, alien, remise, release, convey and confirm unto the grantee forever, all the right, title, interest, claim and demand which the said grantor has in and to the following described parcel of land, to wit: The South 435.91 feet of the West 299.79 feet of the West Y2 of the West Y2 of the Southeast 1/4 of the Southeast 1/4, LESS AND EXCEPT the South 150 feet of the West 80 feet thereof, Section 3, Township 32 South, Range 39 East, Public Records of Indian River Countyl Florida. LESS AND EXCEPT the East 30 feet thereof and rights-of-way of record. "fOGETNER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TO 11A\"E AND TO HOLD the sante in fee simple forever. AND grantor hereby covenants with grantee that grantor is law fully seized of said land in fee simple; that grantor has good right and lawful authority to still and convey said land that grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons a-homsocver; and that said land is tree of all encumbrances, except taxes for the year in which this deed is ,riven; and restrictions. reservations, limitations, covenants, conditions and easements of record, if any; insofar as same are valid and enforceable (however. this clause shall not he construed to reimpose same). tV N 00 GO co M "A' C) IN WITNESS WHEREOF, the said grantor has signed and seated these presents the day and year first above written. Signed, seated and delivered in the presence of: i Tinted name o[ Witne Darlene K. Larabett 58` Printed name of witness- '`JAit- 1 L t4' 1.K - V'%-• kwyk State of Florida County of Indian River Coleman C. Pippin Edith H. Pippin The foregoing instrument was acknowledged before me the date hereinafter given, by Coleman C. Pippin and Edith H. Pippin; who were either personally known to me; or produced identification of sufficient character so as to identify said individuals with reasonable certainty; and who did/did not take an oath. ,3 Witness my hand and official seal in the County and State last aforesaid, this J day of September, 2000. Tyn cf identification provided (Check One): [ Dri%,cr's License [ IOther Notary Public State of Florida Jartene K. Laraoefl .i MY' CtlMMISSION M630961 EXPIRES t April 14, 2001 y ^,� �ONDED IHAIII MY FAIN INSURANCE, INC. W rn 00 �.J Good morning. My name is Dan Levin. I reside at 1486 Lily's Cay Circle. I preface my remarks with a request — that they become part of the public record — and an observation — pretty much everything you're about to hear has previously been conveyed in writing to your County Administrator, Attorney, and Head of Planning. Our lives in Indian River County are governed by the zoning regulations and the 2030 Comprehensive Plan. These are the governing rules that are supposed to control what gets approved — and what doesn't. I'm here because I believe those rules are not being followed in the processing of a development application. At the corner of 41st street and US -1, the owner has proposed a large, full-service grocery store with a drive-thru pharmacy, 10 fuel pump islands and a drive-thru restaurant. The 11.5 acre site has a Limited Commercial zoning. The issue is not whether the proposed uses fit the zoning. And the issue is not that over 200 residents have signed a petition expressing their belief that these proposed uses do not fit that zoning. The issue is whether Florida law is being followed in the processing of this application. I believe that Florida law is not being followed in the processing of this application. Why, because the Florida Supreme Court ruled that in these situations, the approval must be based on competent and substantial evidence. This means that any approval must be supported by competent, substantial evidence in the record — including evidence that the proposed project is compatible with surrounding residential neighborhoods. Those are the key legal standards: competent, substantial evidence — and compatibility with surrounding residential neighborhoods. The County Attorney says that the proposed uses are permitted as of right. That may be true, but it does not eliminate the requirement that there must be competent and substantial evidence that the proposed uses are compatible with the surrounding neighborhood. That is not something that can be assumed — it is a factual determination that must be supported by evidence in the record. The County Attorney says this issue can be raised at the public hearing when you are asked to approve this project. By the time this reaches you, staff may have spent two years reviewing it, and the record may exceed a thousand pages. At that point, the practical reality is simple — you will be told it meets the code, and in most cases that is what drives approval. The issue of competent and substantial evidence that the project is compatible with the surrounding neighborhoods won't even be on your radar screens. Now we come to the reason why I want my remarks to become part of the public record. Because if what I have described comes to pass, anyone, even an individual citizen like me, can appeal your approval to the circuit court. And that court will not re -hear the application. That court will simply examine the written record. If it finds that competent and substantial evidence was not provided, it can quash the approval. And then the approval process can start all over again. I am asking you to do one simple thing: instruct staff that before this application proceeds any further, the record must include competent, substantial evidence demonstrating compatibility with the surrounding residential neighborhoods. Otherwise, the County risks spending substantial time and resources on a process that may ultimately be overturned. I will give each of you a copy of these remarks as well as a draft of the sheet I will be personally presenting to neighboring residents. It asks that they write directly to you and ask that you instruct staff to obtain that competent and substantial evidence now, before spending more County resources processing this application. So when you begin receiving those emails, you'll understand exactly what residents are asking for — and why. Thank you for your time, and allowing me to speak. Why the petition you signed won't be enough. What's happening — The Limited Commercial zoning on the 11.5 acre site at the corner of 41st Street and US -1 calls for small-scale, neighborhood uses that are compatible with nearby residential neighborhoods. Warren Schwerin has applied for: • a large, full-service grocery store • with a drive-thru pharmacy, • 10 gas pumps, and • a drive-thru restaurant. If these are considered 'neighborhood commercial' uses, then why have Limited Commercial zoning at all? What's the point of the zoning if it doesn't limit commercial uses in any meaningful way? What should be happening — Schwerin should be required to provide competent substantial evidence that his project fits in with the neighborhood. Those three words — competent substantial evidence — appear in the Florida Supreme Court decision dealing with this issue. The key people in our County government — County Administrator John Titkanich, County Attorney Jennifer Shuler, and Head of Planning John Stoll — have not required this evidence at the outset... and have not required it to date. Why this is important now — Because County staff has been processing this application for over a year. Projects like this can take on a sense of inevitability as they move through the approval process. Especially when competent substantial evidence has not been required. County staff may believe this process is sufficient — but for a project of this scale, a clear evidentiary showing should be required before it continues to move forward. THAT'S WHY ACTION MATTERS NOW. Only the County Commissioners can fix this. They are the only ones who can instruct County staff to follow the Florida Supreme Court's decision... and the County's own zoning laws. That's why you need to write to them. NOW! Commissioner Email Address Susan Adams adams@indianriver.gov Joseph Flescher 'flescher@indianriver.gov Joe Earman 'earman@indianriver.gov Deryl Loar dloar@indianriver.gov Laura Moss (moss@indianriver.gov Why that petition you signed probably won't make a difference. County Commissioners rely upon staff to do the research and analysis necessary to recommend what is best for all 174,000 County residents. And they tend to value those recommendations over individual resident concerns or objections. That's why petitions alone rarely change outcomes. For twenty-five years of my business career I developed commercial real estate. Never during this time did I ever see, or even read about, a project of this scale being advanced without first demonstrating compatibility with surrounding neighborhoods. In December 2025, County staff suggested Warren Schwerin meet with local residents to discuss their concerns. He declined. What does that tell you? ban Levin Please copy me on any emails, so I can maintain a complete record of community input. Thank you. danlevin49@gmail.com 41